16220 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 61, 141, and 143

[Docket No. 25910; Amendment Nos. 1–47,

61–102, 141–8, 143–6]

RIN 2120–AE71

Pilot, Flight Instructor, Ground

Instructor, and Pilot School

Certification Rules

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This rule revises the Federal

Aviation Regulations (FAR) that

prescribe the certification, training, and

experience requirements for pilots,

flight instructors, and ground

instructors, and the certification

requirements for pilot schools approved

by the Federal Aviation Administration

(FAA). This rule updates these

requirements to enhance the ability of

pilots to meet the evolving demands of

the National Airspace System (NAS)

and operate safely and effectively in this

environment.

DATES: This rule is effective August 4,

1997. Comments must be submitted on

or before June 3, 1997.

ADDRESSES: Comments on the proposals

may be delivered or mailed in triplicate

to: Federal Aviation Administration,

Office of the Chief Counsel, Attention:

Rules Docket (AGC–10), Docket No.

25910, 800 Independence Avenue, SW.,

Washington, DC 20591. All comments

must be marked ‘‘Docket No. 25910.’’

Comments may be examined in the

Rules Docket, Room 915G, weekdays

between 8:30 a.m. and 5 p.m., except on

Federal holidays.

FOR FURTHER INFORMATION CONTACT: John

Lynch, Certification Branch, AFS–840,

General Aviation and Commercial

Division, Flight Standards Service,

FAA, 800 Independence Avenue, SW.,

Washington, DC 20591; telephone (202)

267–3844.

SUPPLEMENTARY INFORMATION:

Comments Invited

This final rule contains amendments

that were not proposed in Notice of

Proposed Rulemaking (NPRM) No. 95–

11 which was published in the Federal

Register on August 11, 1995 (60 FR

41160). The amendments extend the

applicability of the ‘‘Age 60 Rule’’ (14

CFR 121.383(c) for operational

requirements, and § 61.77 for

certification requirements) to 10–30 seat

aircraft, for holders of U.S. pilot

certificates and holders of special

purpose pilot authorizations. In

addition, these amendments extend the

compliance date for these pilots to meet

these provisions. These amendments are

discussed fully in the preamble of 14

CFR 61.3 and 61.77. Because these

issues were set forth in previous

rulemaking actions and interested

persons commented on these issues,

these amendments are being adopted

without prior notice and prior public

comment. However, the Regulatory

Policies and Procedures of the

Department of Transportation (DOT) (44

FR 1134; February 26, 1979) provide

that, to the maximum extent possible,

operating administrations for the DOT

should provide an opportunity for

public comment on regulations issued

without prior notice.

Accordingly, interested persons are

invited to participate in this rulemaking

by submitting such written data, views,

or arguments as they may desire

regarding the FAA expanding the

applicability of the ‘‘Age 60 Rule’’ in 14

CFR part 61 to include 10–30 seat

aircraft. Comments may be delivered or

mailed, in triplicate, to the FAA, Office

of the Chief Counsel, Attn: Rules Docket

(AGC–200), Docket No. 25910, 800

Independence Avenue SW., Room 915G,

Washington, DC 20591. Comments

submitted to this rule must be marked:

Docket No. 25910. Comments also may

be sent electronically to the following

Internet address: 9-nprmcmts@faa.dot.gov. Comments may be

examined in Room 915G between 8:30

a.m. and 5:00 p.m. on weekdays, except

Federal holidays.

All comments received, as well as a

report summarizing each substantive

public contact with FAA personnel on

this rulemaking, will be filed in the

public docket. The docket is available

for public inspection before and after

the comment closing date. This

amendment may be changed in light of

the comments received on this final

rule.

Commenters who want the FAA to

acknowledge receipt of comments

submitted on this rule must submit a

preaddressed, stamped postcard with

those comments on which the following

statement is made: ‘‘Comments to

Docket No. 25910.’’ The postcard will be

date-stamped by the FAA and will be

returned to the commenter.

Good Cause for Immediate Adoption

The FAA finds that notice and public

comment on the above amendments are

unnecessary. As stated in the preamble

to Notice No. 95–11, the changes to the

age 60 requirements in part 61 were

intended to be similar to the age 60

requirement in 14 CFR part 121. Since

the covered operations in part 121 have

been changed, the operations in part 61

that are subject to an age limitation have

been similarly changed. These are, in

essence, technical amendments. The

FAA does not believe that these

amendments will cause undue

hardship.

For these reasons, notice and public

comment procedures are impracticable,

unnecessary, and contrary to the public

interest. As a result, the FAA, for good

cause, finds that ‘‘notice and public

procedures thereon’’ are unnecessary

within the meaning of 5 U.S.C. 553(b)(B)

of the Administrative Procedure Act.

Individuals will have an opportunity to

submit comments concerning these

amendments by June 3, 1997.

Availability of Final Rule

Any person may obtain a copy of this

rule by submitting a request to the FAA,

Office of Rulemaking, Attention: ARM–

1, 800 Independence Avenue, SW.,

Washington, DC 20591, or by calling

(202) 267–9680. Requests should be

identified by the amendment number or

docket number.

Using a modem and suitable

communications software, an electronic

copy of this document may be

downloaded from the FAA regulations

section of the FedWorld electronic

bulletin board service (telephone: 703–

321–3339), the Federal Register’s

electronic bulletin board service

(telephone: 202–512–1661) or the FAA’s

Aviation Rulemaking Advisory

Committee Bulletin Board service

(telephone: 202–267–5948).

Internet users may reach the FAA’s

web page at http://www.faa.gov, or the

Federal Register’s web page at http://

www.access.gpo.gov/suldocs for

access to recently published rulemaking

documents.

Outline of Final Rule

I. General Aviation Policy Statement

II. Background

III. Proposed Rule and General Description of

Comments

IV. Discussion of Major Issues

A. The exercise of recreational pilot

certificate privileges

1. Medical requirements for recreational

pilots and holders of higher pilot

certificates exercising the privileges of a

recreational pilot certificate

2. Elimination of the 50-nautical mile

limitation for recreational pilots

B. Recent flight experience

1. Takeoffs and landings

2. Recent instrument experience

C. Lighter-than-air flight instructor

certificate

D. New instrument ratings

1. Single-engine and multiengine ratings

2. Airship
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16221

3. Powered-lift

E. Requirements for instrument ratings

F. New aircraft category and class ratings

1. Powered-lift

2. Glider class ratings

G. English language requirements

H. Areas of operation

V. Section by Section Analysis

I. General Aviation Policy Statement

On September 8, 1993, the FAA

Administrator issued a general aviation

policy statement in which he recognized

that the general aviation industry is a

critically important part of the nation’s

economy and the national

transportation system. The

Administrator stated the following:

General aviation plays a crucial role in

flight training for all segments of aviation and

provides unique personal and recreational

opportunities. It makes vital contributions to

activities ranging from business aviation, to

agricultural operations, to warbird

preservation, to glider and balloon flights.

Accordingly, it is the policy of the FAA to

foster and promote general aviation while

continuing to improve its safety record.

These goals are neither contradictory nor

separable. They are best achieved by

cooperating with the aviation community to

define mutual concerns and joint efforts to

accomplish objectives. We will strive to

achieve the goals through voluntary

compliance and methods designed to reduce

the regulatory burden on general aviation.

The FAA’s general aviation programs

will focus on:

1. Safety—To protect recent gains and

aim for a new threshold.

2. FAA Services—To provide the

general aviation community with

responsive, customer-driven

certification, air traffic, and other

services.

3. Product Innovation and

Competitiveness—To ensure the

technological advancement of general

aviation.

4. System Access and Capacity—To

maximize general aviation’s ability to

operate in the NAS.

5. Affordability—To promote

economic and efficient general aviation

operations, expand participation, and

stimulate industry growth.

Accordingly, this rulemaking project

is designed to meet these general

aviation goals and to provide economic

relief from unnecessary, burdensome

regulations. Throughout this process,

the FAA has been in a partnership with

the general aviation community in

developing and revising the rules in 14

CFR parts 61, 141, and 143 to ensure

aviation safety, and yet delete

unnecessary, burdensome rules. The

FAA is committed to developing rules

that are fair and reasonable, and yet

promote a high level of pilot training

and qualification.

II. Background

This rule is based on the proposals

contained in Notice of Proposed

Rulemaking (NPRM) No. 95–11, ‘‘Pilot,

Flight Instructor, Ground Instructor, and

Pilot School Certification Rules,’’ which

was published in the Federal Register

(60 FR 41160) on August 11, 1995.

Since September of 1987, the FAA has

been conducting a regulatory review of

parts 61, 141, and 143. These

regulations pertain to certification and

training requirements for pilots, flight

instructors, and ground instructors, and

the certification and operation of pilot

schools that are approved by the FAA.

This regulatory review was initiated in

response to advancements in aviation

technology, training, and changes in the

NAS that have occurred since the last

major revisions to these regulations in

the early 1970’s. The FAA has received

numerous petitions for exemption and

letters from the public suggesting

changes to the current regulations. At

the time the NPRM was issued, there

had been 41 amendments and

approximately 3,616 exemption actions

to parts 61 and 141. Recommendations

and comments from the National

Transportation Safety Board (NTSB), the

public, and the FAA also have

demonstrated the need for the

regulatory review. A major goal of the

review has been to identify differences

between the rules and the level of

training demanded of pilots in today’s

aviation environment.

In support of this regulatory review,

the FAA completed an historical review

of parts 61, 141, and 143 in January

1988. During this review, the FAA

received comments from pilot schools

and college and university aviation

departments operating under parts 61

and 141. Three major areas were

identified during the review: issues of

immediate concern recommended by

the NTSB and public comments; the

requirements for aircraft operations in

today’s environment; and the

requirements for pilots in the year 2010

and beyond. Accordingly, the regulatory

review was divided into three phases

corresponding to these needs. The final

rule, based on Phase 1 of this review (56

FR 11308; March 15, 1991), contained

the following:

1. A requirement to obtain training

and a flight instructor endorsement to

serve as pilot in command of a tailwheel

airplane;

2. A requirement to obtain training

and a flight instructor endorsement to

serve as pilot in command of a

pressurized airplane capable of high

altitude flight above 25,000 mean sea

level (MSL);

3. A requirement for an applicant to

complete a training curricula and

receive a flight instructor endorsement

prior to qualifying in an airplane that

requires a type rating;

4. A provision to permit pilots to

complete a phase of an FAA-sponsored

pilot proficiency program (WINGS

program) in lieu of a biennial flight

review (BFR);

5. A requirement for pilot applicants

to receive ground training on stall

awareness, spin entry, spins, and spin

recovery techniques;

6. A requirement for pilot applicants

to receive flight training on flight at

slow airspeeds with realistic

distractions and the recognition of, and

recovery from, stalls;

7. A requirement for flight instructor

applicants to receive actual spin

training;

8. A requirement for flight instructor

applicants to perform a spin

demonstration on retests when the

reason for the previous failure was due

to deficiencies of knowledge or skill

relating to stall awareness, spin entry,

spins, or spin recovery techniques;

9. A provision that FAA inspectors

and designated pilot examiners may

accept an instructor endorsement in lieu

of a spin demonstration on a practical

test for the flight instructor certificate;

10. A requirement in part 141 that a

chief or assistant chief flight instructor

be available by telephone, radio, or

other electronic means only during the

time that instruction is given for an

approved course of training;

11. A provision in part 141 to permit

the initial designation of assistant chief

flight instructors who possess half the

experience requirements of chief flight

instructors;

12. A provision to eliminate the 100-

hour currency requirements in part 141

for obtaining initial designation as a

chief flight instructor; and

13. A provision to eliminate the 25-

mile distance restriction for establishing

satellite bases in part 141.

This final rule reflects the results of

Phase 2 of the regulatory review. Phase

2 addressed issues affecting parts 1, 61,

141, and 143. Prior to publishing this

rule, the FAA issued a notice of meeting

(54 FR 22732; May 25, 1989) that

announced four public meetings and

outlined the general topics to be

considered for this final rule. The four

public meetings were held before the

drafting of this rule and were held in

Washington, DC (September 12–13,

1989); Chicago, Illinois (September 19–

20, 1989); Los Angeles, California

(October 3–4, 1989); and Orlando,

Florida (October 16–17, 1989).
16222 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Phase 2 also involved a Pilot and

Flight Instructor Job Task Analysis

(JTA), completed on March 31, 1989,

which consolidated the results of a

study on areas of pilot knowledge,

skills, abilities, and attitudes required in

today’s aviation environment. The JTA

provided the framework for this phase

of the regulatory review and information

for use in training programs and

practical test standards. Most of the JTA

consisted of data, based on experts’

opinions, used to quantify the relative

importance of knowledge, skills,

abilities, and attitudes. The JTA also

included a panel that discussed current

and future pilot training needs and

whose objective was to project pilot

training needs 3 to 10 years into the

future. The panel discussed changing

technology, airline pilot requirements,

airspace, training, instructors, and

aviation economics. A copy of the JTA

is available for examination in Docket

No. 25627.

On February 9 and 10, 1993, the FAA

conducted information-gathering

meetings with a number of aviation

organizations and schools on the

comments received in Docket No.

25627. These meetings concerned issues

raised during the earlier public meetings

and the information received during the

JTA. The invitees were selected as a

result of their organizations’ and

schools’ past involvement in this

regulatory review. The following

organizations and schools attended

these meetings: General Aviation and

Manufacturing Association (GAMA),

National Air Transport Association

(NATA), Jeppesen-Sanderson, National

Association of Flight Instructors (NAFI),

Balloon Federation of America (BFA),

Farrington Aircraft, Aircraft Owners and

Pilots Association (AOPA), AOPA

Safety Foundation, Experimental

Aircraft Association (EAA), Helicopter

Association International (HAI), Soaring

Society of America (SSA), Embry Riddle

Aeronautical University (ERAU), Parks

College of St. Louis, and American

Flyers. This rule incorporates many of

the concepts developed through the

public meetings, the JTA, and the public

comments received in Docket Nos.

25627 and 25910. Additional

amendments to ensure that Title 14,

Code of Federal Regulations, conforms

with the provisions of this final rule

will be the subject of a rulemaking

action in the immediate future.

Experimental Aircraft Association

(EAA) Petition

On January 3, 1994, the FAA

published, without comment or

endorsement, a petition for rulemaking

submitted by EAA (59 FR 31). In their

petition, the EAA requested the

following:

1. Eliminating the requirement that a

recreational pilot hold at least a thirdclass medical certificate;

2. Requiring a recreational pilot to

self-certify that he or she has no known

medical deficiency that would make

him or her unable to fly;

3. Eliminating the 50-nautical mile

limitation for those recreational pilots

who obtain additional training;

4. Permitting a pilot with a higher

certificate or rating who no longer has

a medical certificate, but who selfcertifies that he or she is physically fit

to fly, to exercise the privileges of a

recreational pilot certificate, subject to

the limitations of the recreational pilot

certificate; and

5. Eliminating the recreational pilot

certificate limitations for cross-country,

night flight, and flight into airspace

requiring communication with air traffic

control for those pilots with higher

certificates and ratings who no longer

have medical certificates, but who selfevaluate that they are physically fit to

fly.

The comment period for the EAA

petition closed on March 4, 1994. Over

1,000 comments were received, and the

majority of commenters voiced

overwhelming support for the petition.

Some commenters, including the Civil

Aviation Medical Association (CAMA),

opposed the EAA petition. CAMA

expressed concern with the impact on

public health and welfare of the

elimination of medical standards for

pilots who exercise the privileges of a

recreational pilot certificate. One

specific concern of those commenters

who opposed the EAA petition was the

carrying of passengers by a pilot who

does not hold a medical certificate. The

FAA has reviewed all comments

received in response to EAA’s petition

in developing this rulemaking action.

The vast majority of commenters

responding to this petition were

individual members of the aviation

community and many were members of

the EAA.

In this final rule, the FAA is adopting

one very significant change requested by

the EAA: elimination of the 50-nauticalmile limitation for those recreational

pilots who obtain additional training.

For reasons discussed in section IV,A of

this preamble, the FAA has decided not

to adopt those other elements of the

EAA proposal that were proposed in

Notice No. 95–11.

Aircraft Flight Simulator Use in Pilot

Training, Testing, and Checking at

Training Centers; Final Rule

On July 2, 1996, the FAA issued

Amendment Nos. 1–45, 61–100, 91–251,

121–259, 125–27, 135–63, 141–7, 142,

and SFAR 58–2, ‘‘Aircraft Flight

Simulator Use in Pilot Training, Testing,

and Checking at Training Centers; Final

Rule’’ (61 FR 34508–34568),

subsequently referred to as Amendment

No. 61–100. Those provisions of

Amendment No. 61–100 that revised

part 61 and Amendment No. 141–7 that

revised part 141 have been included in

this rule. In addition, some of the

provisions of Amendment Nos. 61–100

and 141–7 have been modified to

conform with changes adopted in this

final rule and to correct several mistakes

and omissions that were contained in

Amendment Nos. 61–100 and 141–7.

Amendment No. 61–100 redesignated

§§ 61.2, 61.3, and 61.5 as §§ 61.3, 61.5,

and 61.6, respectively. In addition, that

amendment added a new section, § 61.2,

Definition of terms. In this final rule,

§ 61.1 includes both the applicability

provisions and the definitions of terms

currently found in § 61.1 and § 61.2.

Accordingly, §§ 61.2, 61.3, 61.5, and the

preamble discussion of those sections in

this final rule reflect the structure of

part 61 prior to the adoption of

Amendment No. 61–100 and the

organization of part 61 proposed in

Notice No. 95–11.

III. The Proposed Rule and General

Description of Comments

In Notice No. 95–11, the FAA

proposed a major revision to the

training and certification requirements

applicable to pilots, flight instructors,

ground instructors, and those pilot

schools approved by the FAA. The

intent of the proposal was to make the

regulations more compatible with the

current operating environment and the

evolving demands of the NAS. The

proposals included measures to update

training, certification, and recency of

experience requirements, and a number

of the proposals were intended to

promote and encourage increased pilot

training activities.

The major proposals in the NPRM

included: (1) Clarification and

standardization of terminology; (2)

establishment of a new powered-lift

category for pilot certification; (3)

separation of class ratings for

nonpowered and powered gliders; (4) a

new flight instructor certificate in the

lighter-than-air category; (5) creation of

separate instrument ratings for singleengine and multiengine airplanes,

airships, and powered-lifts; (6) revisions
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16223

to the recency of experience

requirements, particularly related to

recent takeoffs and landings, and

instrument currency; (7) revisions to the

recreational pilot certification and

authorization requirements, including

the elimination of the 50-mile limit on

flights; (8) human factors training

requirements for all certificates and

ratings; (9) replacement of flight

proficiency requirements for training

and certification with more general

approved areas of operation; (10)

revision of the minimum training times

for the aeronautical experience

requirements to permit training to a

standard; (11) placement of ground

instructor requirements in part 61 rather

than in part 143; (12) requirement for

ground instructor certificates to be

based on aircraft category; (13)

establishment of a practical test for

ground instructor applicants; (14)

revision of the certification and test

courses in part 141 to accommodate all

aircraft categories and new technology;

(15) establishment of a check instructor

position for student and instructor

checks and tests at pilot schools

operated under part 141; (16) deletion of

exceptions that permit pilots to be

certificated without meeting English

language fluency requirements; (17)

revision of medical certificate

requirements to permit applicants for all

certificates and ratings to hold a thirdclass medical certificate rather than the

medical certificate required to exercise

the privileges of the certificate; and (18)

elimination of the requirement for

recreational pilots to hold any medical

certificate.

In response to Notice No. 95–11, the

FAA has received over 5,400 comments

from the public. The majority of those

responding were pilots. Commenters

also included associations representing

air carriers, general aviation, and

universities, including the following

organizations: Aerospace Medical

Association (AsMA), Aero Sports

Connection (ASC), Air Line Pilots

Association (ALPA), Air Transport

Association of America (ATA), Aircraft

Owners and Pilots Association (AOPA),

American Diabetes Association (ADA),

Auxiliary-powered Sailplane

Association (ASA), Balloon Federation

of America (BFA), Civil Air Patrol

(CAP), Civil Aviation Medical

Association (CAMA), Deaf Counseling

Advocacy and Referral Agency

(DCARA), Department of Veterans/

Veterans Benefits Administration (VA),

Experimental Aircraft Association

(EAA), General Aviation Manufacturers

Association (GAMA), Helicopter

Association International (HAI),

International Deaf Pilots Association

(IDPA), National Air Transportation

Association (NATA), National

Association of Flight Instructors (NAFI),

National Business Aircraft Association,

Inc. (NBAA), National Fraternal Society

of the Deaf (NFSD), Paralyzed Veterans

of America (PV), Seaplane Pilots

Association (SPA), the Soaring Society

of America (SSA), and United States

Ultralight Association, Inc. (USUA).

Comments also were received from

public officials, including the Governor

of Nebraska and the Mayor of Omaha.

Most respondents address specific

issues rather than the NPRM overall.

However, of the approximately 5,400

comments on the NPRM, about 130

express general support for the

proposed rulemaking, and more than

220 express general opposition to the

NPRM. Many of the commenters,

particularly those who support the

proposals to eliminate the medical

certification requirement for

recreational pilots as well as elimination

of the 50-mile flight limitation on

recreational pilots, urge immediate

completion of the recreational pilot

provisions of the rulemaking. Others

state that the proposal would promote

the growth of aviation.

However, some commenters who

express general opposition to Notice No.

95–11 state that it is too voluminous

and complex. One commenter states

that while he originally supported

Notice No. 95–11 based on the proposed

liberalization of requirements related to

recreational pilot certification, a

subsequent detailed reading of what he

termed ‘‘numerous new restrictions’’ in

the rest of Notice No. 95–11 changed his

mind. Other comments in opposition to

Notice No. 95–11 state that the proposal

would create burdensome and onerous

new regulations and restrict the growth

or threaten the continuation of certain

aviation activities. One commenter

criticizes the proposal for ‘‘granting the

FAA Administrator more power.’’ Some

commenters state that no safety data has

been presented in support of the new

requirements. One of the most

controversial areas, for example, was the

proposal to create a flight instructor

certificate for the lighter-than-air

category.

About 40 commenters express mixed

reaction, including proposing their own

variations on some of the FAA-proposed

amendments. One hundred and fourteen

commenters suggest technical,

grammatical, and typographical

corrections, which the FAA has

considered in revising the proposed rule

language. Some commenters state that

the structure of the rule language is

difficult to follow because of the

numbering system and length of some of

the sections. The FAA also considered

this issue in drafting the final rule.

Several commenters also object to the

length of the proposal, stating that it is

difficult to properly digest and respond

to the large volume of material.

AOPA comments that Notice No. 95–

11 is extremely complex and

unmanageable from a public comment

perspective. From a review of the

comments submitted to the docket,

AOPA concludes that the general

aviation community has not been made

fully aware of the significant impact of

the proposals, and the association does

not believe that it is possible for the

FAA to adequately respond to all of the

public’s comments without reissuing

another NPRM on part 61. According to

AOPA, the public’s misconceptions are

the result of the incomplete nature of

the NPRM’s preamble. AOPA states that

many of the changes were not addressed

in the preamble or were labeled as

editorial and format changes. The

association contends that some of the

editorial changes will have the greatest

impact on pilots. AOPA also states that

attempts to codify existing policy have

often created significant restrictions not

currently found in the regulations and,

in some instances, do not reflect current

FAA policy. AOPA believes that a more

efficient approach would be to address

issues in smaller, more manageable

sections that would afford the public a

better opportunity to provide complete

and meaningful comments. According

to AOPA, the proposal imposes

burdensome new requirements on

general aviation in excess of any

benefits it might provide. The

association recommends that the FAA

identify which changes received

widespread public support and separate

them for expeditious publication as a

final rule.

EAA states that Notice No. 95–11

contains many additional rules that

increase the complexity and cost of

learning to fly and maintaining

currency. EAA is particularly concerned

that the proposal will burden flight

instructors. The association also

comments that the rules appear to be

changed in an effort to make

enforcement easier.

In its comment, GAMA strongly

supports the FAA’s efforts to review

parts 61 and 141. GAMA states that

many of the proposals will maintain or

increase the margin of safety while

benefiting students and the training

industry as a whole. The association

recommends that, because Notice No.

95–11 is extremely complex, the FAA

expedite a final rule incorporating the

less complex and controversial issues,
16224 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

such as the elimination of the thirdclass medical certificate requirement for

recreational pilots and the pilot training

requirements for operating newly

certificated aircraft. GAMA feels that the

more complex or controversial issues

should be addressed in a subsequent

final rulemaking.

NBAA believes that this proposal is a

comprehensive measure to modernize

pilot, flight instructor, ground

instructor, and pilot school certification

rules. The association adds that this

proposal is a valid effort to promote

general aviation, improve safety, and

reduce costs to aviation consumers, and

provide for large improvements in

aviation training.

NATA comments that, although it

generally is pleased with Notice No. 95–

11, it strongly supports maintaining the

distinct difference between parts 61 and

141 schools. The association disagrees

with the elimination of some of these

differences and believes the economic

viability of part 141 schools is

dependent on maintaining this

distinction.

SSA states that the proposed changes

answer many past comments and, for

the most part, benefit safety. However,

SSA feels that certain sections of Notice

No. 95–11 do not comply with the

FAA’s goal of reducing regulatory

burdens, nor do they demonstrate the

FAA’s faith that the soaring community

will voluntarily improve its safety

record. According to SSA, some of the

proposals will have a detrimental effect

on the cost of learning to fly sailplanes,

without enhancing safety.

HAI states that its comments are

based on a compilation of member

comments and consultations with other

general aviation associations. HAI chose

not to comment on part 1, in the belief

that the FAA will reference changes to

the affected rule and make appropriate

changes to definitions in part 1.

The public comments received on

specific proposals and the FAA’s

response to these comments are

addressed in sections IV and V. Each

discussion includes a summary of the

issue, a summary of the public

comments, the FAA response, and

disposition of the issue for purposes of

the final rule. All comments were

reviewed and considered during FAA

deliberations regarding the rule and are

available for public examination in

Docket No. 25910.

IV. Discussion of Major Issues

A. The Exercise of Recreational Pilot

Certificate Privileges

1. Medical Requirements for

Recreational Pilots and Holders of

Higher Pilot Certificates Exercising the

Privileges of a Recreational Pilot

Certificate

Summary of proposal/issue: In Notice

No. 95–11, the FAA proposed to allow

the following persons to operate aircraft

without a medical certificate: pilots who

hold recreational pilot certificates,

student pilots operating within the

limitations of a recreational pilot

certificate, and those higher-rated pilots

(private, commercial, and airline

transport pilot) who elect to exercise

only recreational pilot privileges. In lieu

of the requirement to hold a medical

certificate, each pilot would be allowed

to evaluate his or her own medical

condition and determine if he or she is

fit to fly. This proposed approach of

relying on the judgment of an individual

pilot regarding his or her fitness

represented a departure from past FAA

policy for powered aircraft. The FAA

has required that pilots, except for

glider and balloon pilots, hold medical

certificates to ensure the safety of pilots,

passengers, and people and property on

the ground.

This proposed change to FAA policy

set forth in Notice No. 95–11 was made

after consideration of a petition for

rulemaking from the Experimental

Aircraft Association (EAA), and

comments received in response to that

petition. The EAA petitioned the FAA

to eliminate medical requirements for

pilots exercising the privileges of a

recreational pilot certificate (59 FR 31;

January 5, 1994).

General Comments: In Notice No. 95–

11, the FAA asked a number of

questions that were designed to elicit

comment on whether self-evaluation

should be permitted for the pilots

discussed. With respect to the general

concept of self-evaluation, the majority

of individual commenters voice support

for eliminating the medical requirement

for recreational pilots and holders of a

higher pilot certificate exercising the

privileges of a recreational pilot

certificate. Supporting this proposal are

the Aircraft Owners and Pilots

Association (AOPA), Experimental

Aircraft Association (EAA), American

Diabetes Association (ADA), Aero

Sports Connection (ASC), General

Aviation Manufacturers Association

(GAMA), National Association of Flight

Instructors (NAFI), and Soaring Society

of America (SSA).

AOPA states that it supports this

departure from previous FAA policy as

being ‘‘beneficial to the economic wellbeing of general aviation by providing a

potential stimulus for new flight activity

and training’’ and ‘‘that removing the

requirement for the medical certificate

from the regulations will not have a

significant impact on general aviation

safety.’’

Individual commenters who favor the

proposal state that medical selfevaluation would eliminate the

paperwork and expense of medical

examinations. Commenters argue that

overall there is a small number of

aviation accidents related to medical

causes. Many of these commenters cite

the accident experience of balloon and

glider pilot operations and note that no

medical certification is required for

these operations.

The commenters who oppose

allowing pilots to exercise the privileges

of a recreational pilot without a medical

certificate cite general safety concerns as

the basis for their disapproval.

Specifically, opposing the proposal are

the Aerospace Medical Association

(ASMA), Air Line Pilots Association

(ALPA), Civil Aviation Medical

Association (CAMA), and Helicopter

Association International (HAI).

The medical associations raised

various concerns. CAMA indicates that

there are a number of medical problems

that cannot be recognized by an

individual who evaluates himself or

herself and that are incompatible with

safe flight. CAMA also states that

‘‘[s]ome individuals can be expected to

deny to themselves the seriousness of

their medical problems.’’ CAMA

believes medically related accidents

inevitably would follow the adoption of

this proposal, but they also

acknowledge that medically caused

accidents are rare. CAMA also states its

concern that the proposal is not in the

long term interests of any pilot because

‘‘[m]inor problems will be detected on

the FAA medical examination and

managed before they become major

problems. For example, early

hypertension will be apparent and can

be treated promptly.’’

ASMA argues that although all pilots

exercise a degree of self-evaluation

before every flight, ‘‘the experience of

practicing aviation medical examiners is

that private or recreational pilots are

most often the ones who proceed to fly

with existing medical problems.’’

HAI states its opposition to the

proposal arguing that ‘‘[t]he medical is

a necessary evil in aviation’’ and that ‘‘if

you want to fly, get a medical.’’ Several

individual commenters also disagree

with the proposal. One commenter
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16225

expresses disagreement with the

proposal indicating that self-evaluation

would allow pilots to lie about their

health and endanger their passengers

and people in the areas they overfly.

Another commenter states that he

prefers the current third-class medical

certificate requirements and does not

see how the FAA will be able to enforce

the proposed self-evaluation without

any standard in the rule. This same

commenter states that the balloon and

glider accident records cited by

supporters of the proposal are not

indicative of the larger group of general

aviation pilots.

Comments to Specific Questions

Safety Data. In Notice No. 95–11, the

FAA asked a number of questions

regarding medical self-evaluation. The

FAA requested data on any safety or

other public interest concerns that may

arise from the recreational pilot selfevaluation proposal. No such data were

submitted.

Need for Medical Standards. A

majority of commenters (including

AOPA and EAA) state that they

generally oppose the FAA having

specific medical standards for selfevaluation arguing that a list of

disqualifying conditions would be

tantamount to creation of a new kind of

medical certificate. EAA states that

‘‘specific standards are inappropriate (in

fact, contradictory) for self-certification’’

and that they ‘‘are not necessary for

safety and therefore would only

institute additional unnecessary

regulation.’’ AOPA states that ‘‘[it] is

deeply opposed to any regulated

restrictions on medical self-certification

for recreational pilots’’ arguing that

‘‘[d]oing so, will only create what is in

effect, yet another class of medical

certificate, defeating any benefits that

could be derived from this proposal.’’

Some individual commenters who

oppose listing disqualifying conditions

for pilot self-evaluation state that they

believe the limitations of the

recreational pilot certificate restrict the

pilot to less stressful types of operations

that pose minimal risks to other persons

and property. Numerous commenters

state that self-evaluation, with no listing

of conditions or constraints, has worked

well for glider and balloon pilots for

many years. They argue that the same

self-evaluation process should be

adopted for recreational pilots.

A few commenters state that only

certain medical conditions should be

disqualifying. ALPA and AsMA support

a list of disqualifying medical

conditions. Of these commenters,

however, there was no consensus on

what medical conditions should be

disqualifying. CAMA states that further

study should be done before adopting

the proposal.

Failure of a Medical Exam. Most

commenters state that pilots who have

failed a medical examination by the

FAA should not necessarily be

prevented from claiming that they have

no known medical deficiencies that

would make operating an aircraft

unsafe. In addition, a majority of

commenters state that any pilot who has

had a medical certificate revoked or

suspended, or who has held a special

issuance of a medical certificate should

not automatically be prohibited from

claiming that that pilot has no known

medical deficiencies that would make

operating an aircraft unsafe. AOPA does

state, however, ‘‘that it has some

concern that the publicity surrounding

the self-evaluation proposal may have

built an unintended expectation in the

pilot community that anyone will be

able to fly under the proposed rule,’’

and that AOPA ‘‘would encourage any

pilot who has been denied a medical

certificate or who holds a special

issuance certificate to consult a

physician.’’

ALPA and AsMA support prohibiting

any pilot from claiming that he or she

has no known medical deficiencies if

that pilot has failed a medical

examination by the FAA, had a medical

certificate revoked or suspended, or

holds or has held a special issuance of

a medical certificate.

Disclosure to Passengers. Most

commenters (including AOPA and EAA)

state that the FAA should not require

pilots to disclose to their passengers that

they do not hold a medical certificate

but that they have evaluated themselves

as medically fit to fly.

Medical History or Records. Most

commenters (including AOPA and EAA)

also argue that these pilots should not

be obligated to provide the FAA with

their medical history or records upon

request as part of a specific investigation

or randomly as part of a compliance

program, nor should they be required to

undergo medical testing when any

uncertainty exists as to whether or not

they have any medical problems.

Surrender of Pilot Certificates. In

addressing the issue of whether a pilot

with known medical deficiencies

should be required to surrender his or

her pilot certificate to the FAA, nearly

all of the commenters oppose the

mandatory surrender of a pilot

certificate, in such a case. AsMA,

however, supports mandatory surrender

of pilot certificates. In addition, the vast

majority of the commenters (including

AOPA and EAA) state that the FAA

should not require a pilot who has

known medical deficiencies to have his

or her pilot certificate stamped with a

statement that the pilot certificate is not

valid unless accompanied by a current

medical certificate. ALPA and AsMA

support such a stamping requirement.

FAA Response: The FAA carefully

considered all comments pertaining to

the proposal that pilots who hold

recreational pilot certificates, student

pilots operating within the limitations

of a recreational pilot certificate, and

those higher-rated pilots who elect to

exercise only recreational pilot

privileges be permitted to operate an

aircraft without holding a medical

certificate. Although the FAA

acknowledges that most of the

comments favored eliminating the thirdclass medical certificate requirement for

such pilots, few of these comments

contained supporting data or analysis.

Safety is the FAA’s overriding

regulatory concern, and before such a

significant change can be adopted, the

FAA must ensure that the level of safety

will not be degraded.

The comments of the medical

associations, AsMA and CAMA, raised

serious safety concerns regarding the

limitations of self-evaluation.

Furthermore, in reviewing the

comments, the FAA noted that there is

controversy regarding alternative

methods of implementing and enforcing

self-evaluation in lieu of medical

certification. The FAA has determined

that additional scrutiny of the proposal

is needed to ensure that it would raise

or maintain the current level of safety;

therefore, the FAA has withdrawn the

proposed change from the final rule.

The FAA intends to conduct additional

study on this proposal and may issue a

separate rulemaking action in the future.

2. Elimination of the 50-Nautical Mile

Limitation for Recreational Pilots

Summary of proposal/issue: In Notice

No. 95–11, the FAA proposed to permit

a recreational pilot to operate an aircraft

in cross-country flight more than 50

nautical miles from that pilot’s base of

training if the pilot receives ground and

flight training and the equivalent to that

required for the exercise of crosscountry flight privileges by a private

pilot and receives the appropriate flight

instructor endorsements. This change

was intended to increase the utility of

the recreational certificate and to

promote general aviation.

Comments: More than 2,000

comments addressed the proposal.

Virtually all commenters (over 99

percent) favor the proposed change.

EAA and NAFI support eliminating

the 50-mile flight limit because it will

help attract and retain recreational
16226 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

pilots. These commenters also believe

the proposal will improve safety. AOPA

also supports the proposal and states

that a valuable benefit will be given to

recreational pilots without

compromising safety. ASC supports

removing the mileage limitation with an

endorsement from a CFI. Other

commenters state that this limitation

has been a main factor in discouraging

interest among prospective pilots from

earning the recreational pilot certificate,

and that the proposal would revitalize

sport aviation with no adverse impact

on safety.

GAMA opposes lifting the 50-mile

flight limit. It believes that the proposal

fails to provide an adequate amount of

training for the recreational pilot to

competently and safely exercise the

privileges of the certificate. GAMA

states that safety is a critical factor, and,

coupled with the reduction in solo flight

time, the provision could prove

dangerous. According to GAMA, there

should be no increase in recreational

pilot privileges, and instead the FAA

should encourage advanced training.

One of the few individual commenters

who objects to the proposal states that

the recreational pilot certificate was

intended for people who want to fly

airplanes ‘‘for the fun of it,’’ but if they

want private pilot privileges, they

should obtain the training necessary for

the private pilot certificate.

FAA Response: The FAA notes the

overwhelming support of the

commenters for this specific proposal.

GAMA’s concerns that recreational

pilots will lack the necessary skill due

to the revised aeronautical experience

requirements have been considered.

However, the FAA has determined that

an acceptable level of safety will be

maintained because recreational pilots

will receive additional training

equivalent to that of a private pilot, and

other recreational pilot restrictions will

continue to apply. The rule change will

benefit general aviation by stimulating

interest in recreational flying,

encouraging recreational pilots to seek

additional certificates and ratings, and

promoting additional pilot training. The

proposal is therefore adopted in the

final rule.

B. Recent Flight Experience

1. Takeoffs and Landings

Summary of proposal/issue: The FAA

proposed to revise the recency of

experience requirements in § 61.57. The

proposed revisions in Notice No. 95–11

included requiring all landings, not just

night landings, to be conducted to a full

stop. The proposal also required that

these landings involve flight in the

traffic pattern at the recommended

traffic pattern altitude for the airport.

Comments: More than 170 comments

address the takeoff and landing aspect

of recency of experience. Approximately

65 percent of the comments oppose the

proposal.

Most of the opposition concerns the

proposal to require all landings to be

conducted to a full stop and to involve

flight in the traffic pattern and at the

recommended traffic pattern altitude for

the airport.

AOPA expresses opposition to the

requirement for full-stop landings. The

commenter does not believe that the

FAA has presented any evidence that

full-stop landings are safer than touchand-go landings. According to AOPA,

the proposal will cause a significant

increase in airport congestion and

pollution, in training time spent on the

ground, and in the overall costs of

maintaining proficiency. The

commenter also states that there is no

safety evidence to support the

requirement that the landings be

performed in the traffic pattern from the

recommended pattern altitude. AOPA

comments that rotorcraft rarely fly a

complete traffic pattern, because to do

so would create a hazardous mix of

dissimilar aircraft. According to the

commenter, the proposal also would

lead to decreased efficiency for glider

operations and emergency procedures

training.

NBAA comments that the requirement

for full-stop landings eliminates the

efficient touch-and-go maneuver

without justification, while adding to

airport congestion and aircraft

operators’ costs. NBAA also objects to

the language of proposed § 61.57(a)(iii),

because it can be interpreted as

requiring ‘‘a circuit in the traffic

pattern.’’ The commenter states that

most pilots combine currency landings

with other flight operations rather than

full circuits in the traffic pattern, and

the proposal might require dispatching

aircraft and crews specifically for

currency takeoffs and landings, thereby

adding time and expense.

HAI expresses opposition to proposed

§ 61.57(a)(1)(iii) requiring that all

takeoffs and landings be conducted in

the traffic pattern at the recommended

traffic pattern altitude. The commenter

states that helicopters do not always fly

to or from airports, or operate in the

traffic pattern if at an airport. HAI

suggests modifying the proposed rule to

require each takeoff and landing to be

separated by an en route phase of flight.

SSA states that, at some gliderports,

the currency landings are performed on

a nonactive runway to avoid conflicts

with the normal traffic patterns. SSA

suggests modifying § 61.57 to reflect this

practice.

Generally, individual commenters

express opinions similar to those of the

associations. Several individual

commenters state that the proposed

requirements are not applicable to

balloon operations, and therefore the

current rule should be retained. They

cite operations in an airport traffic

pattern, for example, and one

commenter asks what ‘‘full stop’’ means

in relation to balloons.

FAA Response: After consideration of

the comments, the FAA has decided to

withdraw the proposed requirement that

landings involve flight in the traffic

pattern and at the recommended traffic

pattern altitude for the airport. In

addition, the FAA will not go forward

with the requirement for full-stop

landings because, as indicated by the

commenters, there is no cost

justification for the measure, and it will

result in increased congestion at

airports. However, the FAA is retaining

the current full-stop requirements for

tailwheel aircraft, as well as for night

landings.

2. Recent Instrument Experience

Summary of proposal/issues: The

FAA proposed to revise the instrument

recency of experience requirements of

§ 61.57 by eliminating the requirement

for 6 hours of flight in actual or

simulated instrument conditions every 6

months. For aircraft other than gliders,

the proposal required that a pilot,

within the preceding 6 calendar months,

perform and log at least six instrument

approaches; holding procedures;

intercepting and tracking of very high

frequency omnirange (VOR) radials and

nondirectional beacon (NDB) bearings;

recovery from unusual flight attitudes;

and flight by reference to instruments.

The preamble to the NPRM stated that

these maneuvers and procedures would

not be required to be performed in

actual or simulated instrument flight

conditions.

Comments: More than 385 comments

were received on this issue. The

comments reflect widely disparate

opinions. More than 200 comments

express clear opposition to the proposal.

Nearly as many comments take issue

with parts of the proposal, and propose

variations to it. Approximately 60

comments agree with the proposal.

Some commenters indicate that they

believe the proposal would make it

more difficult and costly to remain

current for operations under IFR. One

commenter, however, says he believes

the proposal will permit pilots who do

not fly as frequently to stay current and
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16227

continue to have access to the IFR

system.

GAMA supports the elimination of

the minimum hour requirement for

instrument currency. GAMA, however,

believes that a minimum of 50 percent

of the time spent performing maneuvers

should be in actual or simulated

instrument flight conditions, or in an

approved flight simulator or flight

training device.

In its comment, ALPA expresses

concern regarding several aspects of the

proposed instrument currency

requirements. According to ALPA, the

requirement for the use of NDBs may

not be practical because NDBs are being

removed from service. The commenter

also believes that there should be an

option to allow operations using the

global positioning system (GPS).

Although ALPA agrees with the need for

unusual attitude training, the

commenter states that there needs to be

FAA guidance on practice methods and

procedures. ALPA also contends that

recency of experience maneuvers

should be performed in either

instrument or simulated instrument

conditions.

NAFI opposes specifying the use of

any particular equipment, such as VORs

and NDBs, for instrument currency and

suggests the requirement should simply

be for ‘‘navigation by reference to

instruments.’’ It is NAFI’s position that

unusual attitude training is appropriate

for flight reviews, not currency

requirements, and should not be

performed without a safety pilot.

NATA opposes several aspects of

§ 61.57. The commenter contends that

unusual attitude maneuvers belong in

instrument training and BFR

requirements, not in instrument

currency requirements. NATA also

believes that the requirement that VORs

and NDBs be used for several tasks is

too restrictive. NATA recommends that

the tasks be performed ‘‘with the

available navigational technology.’’

NATA, however, supports requiring six

approaches rather than the 6 hours for

currency.

In its comments, NBAA recommends

that the number of approaches for

currency purposes should be left at 6

rather than 12, as noted in the preamble

to the NPRM. NBAA also contends that

references to VORs and NDBs should be

deleted because these navigational aids

are rapidly becoming obsolete. In

addition, the commenter opposes

unusual attitude training.

AOPA comments that the elimination

of the 6 hours of required instrument

time will benefit general aviation

economically. The commenter also finds

the requirement for six approaches to be

an acceptable minimum for proficiency.

With regard to holding procedures, the

association has no strong objection to

the proposal but questions the need for

such a requirement. AOPA states there

is no current safety problem in this area

and, except for airline pilots, holding

procedures are rarely encountered. Also,

according to AOPA, it is not appropriate

to specify the types of navigational aids

that should be used for instrument

currency because of the transition to

newer technologies such as GPS. AOPA

also points out that many aircraft are not

equipped with an ADF receiver. The

commenter objects to the requirement

for unusual attitudes currency for the

same reasons expressed by NAFI. Like

ALPA and GAMA, AOPA believes that

the instrument currency procedures

should be performed in either actual or

simulated conditions. The commenter

states that if the FAA does not intend to

require flight in actual or simulated

conditions, § 61.57(c)(2) should be

clarified to prevent varying

interpretations of the rule. AOPA also

strongly supports the use of simulators

and flight training devices, including

some PC-based simulators, for currency

and proficiency.

Like many of the other commenters,

HAI objects to the requirement for

recovery from unusual attitudes. The

commenter also states that commercial

or corporate pilots will not be able to

maintain currency in the normal course

of flight because of the proposals. HAI

supports eliminating the 6 hours of

instrument time for currency, but

proposes deleting holding procedures

and unusual altitude currency, and

changing the requirement to track VORs

radials and NDB bearings to

‘‘intercepting and tracking electronic

navigation aids.’’

Comments from individual

commenters, for the most part, agree

with the positions advanced by the

associations.

FAA Response: After consideration of

the comments, the FAA has decided to

withdraw the requirement for recovery

from unusual attitudes. The FAA agrees

with commenters who point out that

practicing these maneuvers would

require a safety pilot and increase the

cost of maintaining instrument

proficiency with only questionable

safety benefits.

In addition, the FAA has determined

that the requirement for intercepting

and tracking VOR radials and NDB

bearings should be modified. The final

rule requires pilots to intercept and

track ‘‘courses through the use of

navigation systems.’’ As noted by the

commenters, advances in air navigation

technology support deleting the

reference to specific navigation systems.

The FAA maintains that requiring

completion of specific training tasks,

such as intercepting and tracking

courses and holding procedures,

provides a safety benefit by improving

operational currency and the

proficiency of pilots. For this reason, the

final rule includes the requirement for

holding procedures. The proposed

requirement for six approaches also is

incorporated into the final rule.

The FAA has decided to retain the

current requirement that the tasks to

meet recent instrument experience

requirements be performed and logged

under actual or simulated instrument

conditions. This requirement can be met

in an aircraft of the appropriate

category, in an approved flight

simulator, or a flight training device that

is representative of the aircraft category.

As proposed in the NPRM, the final

rule will not include a minimum hour

requirement to meet instrument

currency. The elimination of this

requirement will provide pilots

economic relief by permitting currency

requirements to be completed in less

time.

Other proposed changes to § 61.57 are

discussed in the section-by-section

analysis of § 61.57.

C. Lighter-Than-Air Flight Instructor

Certificate

Summary of proposal/issue: The FAA

proposed to amend § 61.5 to establish

new flight instructor ratings for lighterthan-air category aircraft. Section 61.3

included a provision to permit holders

of a commercial certificate with an

airship or free balloon class rating to

conduct training in the appropriate

aircraft for 2 years after issuance of the

final rule; the 2-year conversion process

was contained in proposed § 61.201.

Proposed § 61.187 required that a

person who trains an applicant for a

lighter-than-air flight instructor

certificate meet requirements

comparable to flight instructor

applicants training in other aircraft

categories. The proposal was partly a

result of input received from balloon

operators and organizations in public

meetings held during the regulatory

review in 1989, and from public

comments filed in the docket during

this regulatory review and prior to the

issuance of Notice No. 95–11.

Comments: More than 880 comments

were submitted on this issue, the

majority regarding the proposed

requirement’s effect on balloon flight

training rather than airship flight

training. Many of those commenters

oppose the proposal. (One commenter

includes a petition opposing the
16228 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

proposal and signed by over 400

persons.) Commenters identify

themselves as individual pilots and

representatives of businesses involved

in ballooning, including manufacturers

and providers of balloon flights and

training.

In general, many of these commenters

contend that the current system of

commercial balloon pilots providing

flight instruction works well, and that

because of the small numbers of

balloons, pilots, and days with

acceptable weather for balloon flight,

ballooning should be treated differently

than other aircraft categories. Some

commenters ask what specific qualityof-instruction issues the FAA meant to

address with the proposal. The

commenters contend that ballooning has

an outstanding safety record, and that

creation of the new flight instructor

certificate would make training harder

to obtain, for both initial pilot

certification and for flight reviews.

The BFA strongly opposes the

proposal, stating that the proposal

would ‘‘lead to severe economic, safety,

and time burdens to all balloon pilots,

to the point where it will cause a

significant decline in our sport.’’ The

BFA’s comment states that there is no

current safety problem to justify the

proposal, and that consistent use of the

Practical Test Standards by designated

examiners has ensured that balloon

instructors obtain necessary skills. The

BFA states that the safest learning

scenario is for student pilots to train in

the area where they will do most of their

flying, so that they can learn local

weather and terrain conditions. This

will not be feasible if prospective pilots,

except those who live in the few major

urban centers where there is a large

amount of balloon activity, are forced to

obtain training from nonlocal training

facilities. The BFA also states that

students in such circumstances

probably would lose the benefit of more

frequent training sessions.

SSA and NAFI also oppose the

proposal. SSA comments that there has

been no demonstrated safety

degradation under the current system,

and NAFI states that the FAA has failed

to provide supporting evidence of a

need for the change. SSA points out that

the BFA provides training material and

self-polices in a manner similar to the

United States Hang Gliding Association

(USHGA).

AOPA objects to proposed § 61.7,

which addresses obsolete certificates

and ratings, because it would effectively

invalidate all balloon certificates issued

before 1973. AOPA maintains that all

certificated airmen should be able to

retain the privileges they currently hold.

Individual commenters contend that

few commercial balloon pilots will seek

the instructor certificate, partly because

few areas of the country have enough

students to justify the expense of

obtaining and keeping the certificate

current. They state that one of the

methods of flight instructor certificate

renewal is particularly unrealistic in

ballooning: the provision in proposed

§ 61.197(b)(1) to show a record of

training for at least five students in 24

months, at least 80 percent of whom

passed the practical test on the first

attempt. Several commenters indicate

that one student per year per

commercial-pilot instructor is more

typical. One commenter also states that

flight instructor refresher courses for

balloonists would be cost prohibitive

and impractical because there would be

so few balloon instructors.

The commenters believe that the lack

of flight instructors would result in

fewer instructors familiar with local

flying conditions. They believe that the

lack of flight instructors also would

force potential students and pilots

requiring flight reviews to travel long

distances to find flight instructors.

Commenters also state that the low

number of suitable flying days would

make the instructor hour requirements

hard to meet. Commenters generally

contend that the proposal would have a

devastating impact on the industry by

reducing the availability of instruction,

overall flight activity, balloon sales, and

revenue related to locally-sponsored

balloon events. The Governor of

Nebraska, who opposes the proposal,

states that the ‘‘imposed hardship may

eliminate the sport of balloon flying in

Nebraska.’’ The Mayor of Omaha also

opposes the proposal because ‘‘there is

no evidence that the current system is

not working.’’ The Nebraska Department

of Aeronautics also opposes the

proposal.

Some commenters state that the FAA

had previously made and rejected this

proposal, and that no further economic

or safety studies were made to justify

proposing the flight instructor

requirement again. Another commenter

suggested, as an alternative to creating

a flight instructor certificate, that

instruction be given only by commercial

balloon pilots with at least 200 hours

flight time and who fly at least 50 hours

per year. Another commenter with a

similar suggestion added that the

commercial pilots could be required to

pass the advanced ground instructor

written (knowledge) test. Other

commenter-suggested alternatives

included increasing the flight hour

requirements for certification,

particularly at the commercial pilot

(balloon) level, and requiring

commercial pilots who instruct to use a

written syllabus and maintain records of

the training.

Representatives of Balloon Excelsior,

a balloon flight school and repair

station, state that the proposal would

result in better-trained, safer, balloon

pilots and would encourage the growth

of ballooning. They state that most

balloon flight instruction under part 61

is ‘‘casual’’ and accomplished without a

curriculum or proper documentation,

often during paid passenger sightseeing

flights with inadequate attention given

to the student. These commenters state

that while many instructors do a fine

job, many do not, and send their

students to take practical tests

unprepared. According to these

commenters, one result of the proposal

would be better performance on

biennial flight reviews, and that renewal

requirements could be met through

flight instructor refresher clinics, which

are not cost prohibitive. One commenter

states that he supports the proposal

even though a scarcity of qualified

pilots would initially hurt his balloon

operation. He believes that the proposal

would benefit the industry in the long

run by increasing professionalism and

improving safety. Another commenter

who supports the proposal, with

reservations, recommends reducing the

number of students an instructor would

have to endorse for renewal of the

instructor certificate from five to two,

every 24 months, but with a passing rate

of 100 percent.

FAA Response: The FAA has decided

to withdraw the proposed flight

instructor certificate in the lighter-thanair category. After further review of the

proposal, the FAA has concluded that

operational requirements and accident/

incident data do not establish a

sufficient safety justification for the

increased regulatory and economic

burden. Section 61.133 of the final rule

provides that a person with a

commercial pilot certificate with a

lighter-than-air category rating may: (1)

Give flight and ground training in an

airship or balloon for the issuance of a

certificate or rating; (2) give an

endorsement on a pilot certificate for an

airship or balloon; (3) endorse a student

pilot certificate or logbook for solo

operating privileges in an airship or

balloon; and (4) act as pilot in command

of an airship under IFR or in weather

conditions less than the minimum

prescribed for VFR flight.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16229

D. New Instrument Ratings

1. Single-Engine and Multiengine

Ratings

Summary of the proposal/issue: The

FAA proposed to amend § 61.5 to

establish additional instrument ratings

for single-engine and multiengine

airplanes. For airplanes, currently only

one instrument rating exists.

Additionally, the FAA also proposed to

establish single-engine and multiengine

instrument ratings for flight instructors.

The FAA requested public comment on

its proposed conversion process for

current holders of airplane instrument

ratings to the new system.

Comments: Approximately 200

comments oppose the new instrument

ratings for single-engine and

multiengine airplanes. Approximately

20 commenters favor the proposal.

Approximately 160 comments are in

opposition to the single-engine and

multiengine airplane instrument ratings

for flight instructors.

ALPA supports the proposed

instrument ratings for single-engine and

multiengine aircraft. ALPA finds the

proposal particularly important in light

of the removal of the minimum-hour

requirement for an instrument rating.

The association contends that it would

be inappropriate for very low time pilots

to have their single-engine instrument

rating also apply to multiengine

airplanes.

GAMA supports class-specific

instrument instructor ratings for singleengine and multiengine airplanes.

GAMA asks why the FAA does not

simply prohibit instrument instructors

who do not hold a multiengine

instructor rating from giving instrument

instruction in multiengine aircraft.

According to GAMA, this could be

accomplished by adding a limitation on

the CFI’s certificate that states

‘‘instrument instruction privileges are

limited to single-engine aircraft.’’

GAMA believes that flight instructors

holding multiengine instrument

instructor ratings should be able to

provide instrument training in singleengine aircraft. The commenter states

that all pilots possessing both

multiengine and instrument instructor

ratings on the effective date of the rule

should be ‘‘grandfathered’’ and issued

an instrument multiengine airplane

rating without further examination or

testing.

EAA, NAFI, and NATA oppose the

proposal. EAA states that there is no

safety justification for the change and

that it will cause additional training and

expense. NAFI expresses concern about

current instrument pilots and

instrument instructors who do not

comply with the proposed certificate

exchange procedures. NATA contends

that the current system is safe and

efficient, and states that the proposal

would place an undue financial burden

on those who wish to obtain the new

ratings. NATA estimates the cost of the

new multiengine rating at $1,250 for

training (10 hours at $125/hour), and

$300 for the practical test and

designated examiner. NATA states that

the current system, in which instrument

proficiency is demonstrated during a

multiengine instructor check ride, is

sufficient. NATA also contends that any

conversion of current flight instructor

certificates and ratings should award

any pilot holding a CFII and MEI

certificate the new certificates upon

implementation of the new regulations.

AOPA also objects to the proposal.

The association believes that the current

system, which requires an applicant for

a multiengine airplane class rating or

multiengine airplane instructor rating to

demonstrate instrument or instrument

instruction competency during the

practical examination, is sufficient.

AOPA comments that it appears from

the NTSB investigation of the 1981

multiengine accident cited by the FAA

in the NPRM that the pilot became

disoriented in instrument

meteorological conditions (IMC). AOPA

believes that the accident had little to

do with the adequacy of the pilot’s

training in instrument procedures for

multiengine aircraft. AOPA maintains

that the FAA should not make drastic

policy changes based on a single event.

According to AOPA, the proposal will

be very costly for the pilot community

and would discourage pursuit of the

multiengine instrument rating. AOPA

also states that if the FAA’s intent in the

proposed regulation is to close an

apparent loophole that permits a CFII

who is not an MEI to give instrument

instruction in a multiengine airplane,

then the regulation should state this

rather than requiring the new

certificates.

In its comment, AOPA also expressed

concern about inconsistencies in the

preamble to the NPRM and the actual

language in the provisions for

conversion of existing instructor

certificates. AOPA notes that the

preamble indicates that a person may

exchange his or her existing instrument

certificate for the new instrument

airplane multiengine rating if one of

three conditions is met. AOPA states

that the third condition, which provides

for the ‘‘grandfathering’’ of a person

who held an airplane multiengine class

rating and had satisfactorily completed

the practical test for an instrument

rating in a single-engine airplane before

October 4, 1984, was omitted from the

proposed rule. It is AOPA’s position

that the only pilots who should not

receive automatic conversion to the new

certificate are those who currently have

a limitation on their certificates that

states that operations are restricted to

‘‘Airplane Multiengine VFR only.’’

AOPA also contends that the conversion

provisions favor instructors who teach

full-time at flight schools, and that the

provisions will result in a majority of

multiengine airplane instructors losing

their instruction privileges. According

to AOPA, very few multiengine

instructors actually provide instrument

instruction in multiengine airplanes,

and, therefore, they would be unable to

meet the requirement of 20 hours of

such instruction. AOPA further notes

that a vast number of CFIIs have never

endorsed a student for an instrument

airplane practical test, and would also

be unable to meet the conversion

requirement for both the single-engine

and multiengine CFII privileges. AOPA

recommends that all current CFII-MEI

instructors should be ‘‘grandfathered’’

under the new system.

Individual commenters who oppose

the proposal in Notice No. 95–11 to

create separate instrument ratings for

single-engine and multiengine airplanes

contend that the number of engines

issue and the instrument procedures

issue are independent, and that

instrument procedures, including

engine-out approaches, normally are

part of the multiengine practical test.

These commenters contend that

instrument procedures do not

essentially change from a single-engine

to a multiengine airplane. Some

commenters state that the proposal does

not seem justified by the NTSB’s

recommendation, which was followed

when the FAA instituted a policy to

require that multiengine airplane rating

candidates demonstrate proficiency in

instrument procedures or receive a

‘‘VFR only’’ limitation with their

multiengine rating.

One commenter who favors the two

new instrument ratings states that the

system would make instrument flying

safer and instrument operations in a

multiengine airplane ‘‘easier.’’ Echoing

AOPA’s comments, one individual

commenter notes that instrument

instructors who routinely instruct in

multiengine airplanes typically do not

endorse students for instrument rating

practical tests. Such instruction is one

of the conditions proposed for

converting a current airplane instrument

flight instructor certificate to the new

system. However, the commenter states

that such instructors may teach

advanced courses for instrument- and
16230 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

airline transport pilot (ATP)-rated

pilots. Another commenter states that

the proposed system of conversion to

the new flight instructor airplane singleengine and multiengine ratings would

place an unwarranted economic burden

upon relatively new, part-time, or

independent flight instructors. One

commenter states that the FAA did not

provide supporting safety data in the

NPRM indicating that multiengine

instrument instruction has been

inadequate, and a number of

commenters assert that there would be

no safety benefit from the proposal.

Consistent with AOPA’s position,

individual commenters state that they

believe many flight instructors currently

providing multiengine airplane

instrument instruction would not

qualify under the proposal. One

commenter also notes that multiengine

examiners may not qualify under the

proposal either. One commenter

suggests changing proposed

§ 61.201(h)(2)(i) to include time

providing instrument competency

checks in multiengine airplanes, while

a number of commenters request a more

liberal ‘‘grandfather’’ clause.

Another individual commenter

expresses concern that the proposal

would require an additional practical

test in a multiengine airplane

(apparently referring to separate

practical tests for the multiengine rating

and the multiengine instrument rating).

He states that the current policy (of

requiring demonstration of instrument

proficiency on the multiengine practical

test) is sufficient.

FAA Response: The FAA is persuaded

by the public comments regarding the

unintended negative effects that would

result from the creation of multiengine

and single-engine instrument and

instrument instructor ratings. Current

accident/incident data show that there

are no safety problems resulting from

the existing rules. Therefore, the FAA

finds that there is insufficient safety

justification for the increased regulatory

and economic burden, and has

eliminated the proposal from the final

rule.

2. Airship

Summary of proposal/issue: The FAA

also proposed to amend § 61.5 to

establish an instrument rating for

airships. The FAA noted that smaller,

foreign’ built airships are operated in

the United States, and it was hoped that

industry growth would be accompanied

by the need for more airship pilots. A

separate airship instrument rating was

intended to remove an obstacle from the

certification of commercial airship

pilots desiring to fly smaller, non-IFRequipped airships, and to help foster

growth of this small segment of the

aviation industry.

Comments: NAFI and AOPA oppose

the proposed requirement for an

instrument rating to instruct in an

airship. The commenters state that there

is no problem with existing training,

which is conducted almost entirely in

VFR conditions. AOPA also comments

that such a requirement would increase

training costs with no increase in safety.

Individual commenters echoed the

association’s position on this issue. One

individual commenter supports the

proposal because it may foster the

growth of the United States airship

industry.

FAA Response: The FAA has decided

not to establish an instrument rating for

airships, because operational

requirements and accident/incident data

do not establish a sufficient safety

justification for the increased regulatory

and economic burden.

3. Powered-Lift

Summary of proposal/issue: The FAA

proposed to amend § 61.5 to establish an

additional instrument rating for

powered-lifts, with a corresponding

instructor rating.

Comments: Some commenters oppose

the instrument rating requirements for

powered-lifts. However, most

commenters objected in general to the

additional powered-lift category of

aircraft.

FAA Response: As discussed in

section IV,E of this preamble, the FAA

is confident that powered-lifts will be

useful in civilian operations in the

future, and a separate instrument rating

will be required, which is incorporated

into the rule.

E. Requirements for Instrument Ratings

Summary of proposal/issue: The FAA

proposed numerous revisions to § 61.65,

the most significant of which was

revising the eligibility criteria for

applicants for the instrument rating to

parallel standards set by the

International Civil Aviation

Organization (ICAO). The proposal

eliminated the requirement for a

minimum of 125 hours of total flight

time, including 50 hours of pilot-incommand cross-country time. This

proposed change to § 61.65, comments

received regarding the proposal, and the

FAA response are discussed here as one

major issue. Other changes to § 61.65 are

discussed in the section-by-section

discussion.

Comments: Approximately 150

comments address the proposed

elimination of the minimum 125-hour

requirement. Of these, approximately

110 favor the proposal, and the rest are

either in opposition or suggest an

alternative. Approximately 120

comments specifically address the 50-

hour cross-country experience

requirement, with 75 of those

supporting the proposal and the rest

either in opposition or suggesting an

alternative. The commenters’ reasoning

on the two proposals follow essentially

the same lines. Those who favor

eliminating the requirements consider

them arbitrary and unnecessary

obstacles for pilots who seek the

instrument rating, which can make them

safer pilots. Those who favor

maintaining the requirements state that

exposure to different operating

environments is important for

‘‘seasoning’’ pilots so they are better

prepared for flight under IFR.

GAMA supports eliminating the 125-

hour total time requirement for an

instrument rating. GAMA comments

that a disproportionate number of

general aviation accidents occur when

VFR pilots encounter IFR weather

conditions, and allowing pilots to begin

instrument training sooner will

positively impact safety. GAMA also

supports eliminating the 50-hour crosscountry requirement for similar reasons.

AOPA echoes GAMA’s comments and

states that encouraging such training is

probably the single greatest step in

decades toward reducing the general

aviation accident rate.

FAA Response: The FAA has

determined that eliminating the 125-

hour total time requirement removes

burdensome regulations that add cost

without demonstrated need, parallels

ICAO standards and recommended

practices, and will encourage more

pilots to receive instrument training at

an earlier stage in their career. This

proposal is adopted in the final rule.

After further review, the FAA has

decided to retain the 50 hours of crosscountry pilot-in-command time required

for the instrument rating. The FAA

deems that this change is necessary in

order to comply with minimum

requirements under Annex 1 to the

Convention on International Civil

Aviation and for U.S. pilot certificates

with an instrument rating to be

recognized internationally.

F. New Aircraft Category and Class

Ratings

1. Powered-Lift

Summary of the proposal/issue: The

FAA proposed to add a powered-lift

category for the private pilot through

ATP certificates, as well as for the flight

instructor certificate. Minimum

experience requirements for the
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16231

powered-lift ratings were developed

based on the current minimum

experience requirements for airplane

ratings.

Comments: Approximately 65

comments addressed the establishment

of the powered-lift category. Of these

comments, over 40 oppose the proposal

and more than 20 express support,

while the rest either do not express a

clear opinion or offer other suggestions.

Both NAFI and EAA oppose the

proposal. NAFI states that there is

insufficient information available for the

aviation industry to properly evaluate

the establishment of powered-lift

requirements, and recommends deleting

all references to powered-lifts from the

proposed regulations. EAA indicates its

support for NAFI’s comments.

AOPA also questions the need for a

separate airman certificate category for

powered-lifts. They believe that the

implementation of the new category is

premature, if not entirely unnecessary,

because there are no viable aircraft of

this type on the market today. AOPA

states that the skills necessary to fly this

type of aircraft would duplicate those of

the nearly 1,200 ATPs who are already

certificated in both airplanes and

rotorcraft. AOPA suggests that the

proposal be amended to require future

powered-lift airmen to possess ratings in

both airplanes and helicopters, and

specifically type rate these individuals

when and if powered-lifts reach the

market. According to AOPA, this

approach would eliminate a myriad of

testing, licensing, and certification

requirements that will likely remain

dormant for many years. AOPA

recommends withdrawing all sections

in the proposed rule relating to

powered-lift aircraft until it becomes

evident that such aircraft will find

applications in the civil marketplace.

FAA Response: The FAA has

determined that a new powered-lift

category should be established. Industry

is currently developing powered-lifts,

and current pilot certification standards

do not adequately reflect the

certification requirements for poweredlifts. Current certification standards

were not drafted with the intent of

certificating powered-lift pilots. The

FAA recognizes the importance of

anticipating further developments in

aviation technology. Therefore, the FAA

contends that these new regulations are

necessary to respond to future needs of

aviation. The proposal is adopted in the

final rule and modified to include

provisions permitting the use of

approved powered-lift flight simulators

and approved powered-lift flight

training devices to satisfy certain

training and aeronautical experience

requirements for persons seeking

certification to pilot powered-lifts.

2. Glider Class Ratings

Summary of the proposal/issue: The

FAA proposed to establish class ratings

for powered gliders and nonpowered

gliders within the glider category for the

private pilot through commercial pilot

certificates, as well as the flight

instructor certificate.

Comments: Approximately 85

comments are in opposition to the new

glider class ratings and approximately

40 are in favor. Another 20 comments

do not express a clear opinion on the

question or suggest alternative

proposals. However, many of these 20

comments appear to favor the concept of

the two class ratings, but contend that

glider pilots who have nonpowered

glider experience as well as an airplane

pilot certificate should be considered

qualified for the powered glider rating.

One commenter states that glider flight

instructors who performed their

practical test in a nonpowered glider

should not be required to demonstrate

20 hours of instruction experience in

that class to convert their flight

instructor certificates as proposed in

§ 61.201.

A number of the proposal’s supporters

submitted signed form letters. The

letters recommend dividing the glider

category into nonpowered glider and

powered-glider classes, and call for the

incorporation of the powered glider

flight and test requirements of Advisory

Circular (AC) No. 61–94 into the

regulation. The form letter proposes a

different conversion system from

current certificates to the new

certificates than what was proposed in

§§ 61.5 and 61.201. The letter

recommends that flight instructors be

permitted to add the powered-glider

class rating to their certificates after

completing 20 hours of flight time in a

powered glider and completing training

and testing in accordance with AC No.

61–94; or by holding a flight instructor

airplane single-engine land rating and

logging 20 hours in a powered glider.

The same letter recommends that

holders of private or commercial glider

pilot certificates be permitted to receive

the powered glider rating if they have

logged either a minimum of 25 hours,

including at least 10 flights in a

powered glider during the preceding 24

months, have a current flight review,

and have a logbook entry showing

completion of training in accordance

with AC No. 61–94. The form letter also

recommends that holders of glider pilot

certificates be able to convert to the new

certificate with a nonpowered glider

class rating if they have completed a

current flight review.

ASA’s comment opposes the

separation of the glider category into

powered and nonpowered-glider

classes. The commenter states that

auxiliary-powered sailplanes are, for all

practical purposes, nonpowered gliders,

except for the ability to self-launch.

ASA suggests changes to the proposed

regulations that would meet the goals of

the NPRM, with respect to gliders,

without requiring the creation of

separate classes within the glider

category. ASA recommends that training

requirements for gliders be consolidated

under a single glider category with

subheadings listing additional training

for powered sailplanes. ASA proposes

that AC No. 61–69, which addresses

powered sailplanes, should be referred

to in the regulation specifying the areas

of operation for glider category ratings.

Pilots seeking to obtain a poweredglider rating should first be required to

complete the training required for a

nonpowered glider rating. ASA

proposes expanded definitions of ‘‘flight

time’’ and ‘‘flight training’’ that take

gliders into account.

ASA also comments that pilots and

flight instructors with glider category

ratings, including those currently

experienced in auxiliary-powered

sailplanes, should retain their ratings

and should not be required to take an

additional practical test. ASA also states

that the proposed conversion

requirements for glider flight instructors

do not consider the fact that much

advanced glider instruction takes place

entirely in single-seat gliders, with the

instructor in one glider and a student

following the instructor in another

glider. ASA believes a statement

authorizing such training as flight

instruction is necessary.

SSA opposes the division of the glider

category into two classes because the

flight characteristics of gliders, whether

powered or nonpowered, are essentially

the same. SSA acknowledges that

powered gliders may require knowledge

levels similar to those of powered

aircraft, but believes that there are

similarities between all aircraft, and that

these similarities are addressed in the

knowledge and flight tests. SSA is

concerned that the FAA does not

recognize the efforts expended by

instructors and flight schools to ensure

pilots are adequately trained in these

areas. SSA notes that the existence of

AC No. 61–94, which, the commenter

states, has been instrumental in

achieving safe operation of auxiliarypowered sailplanes. SSA contends that

there are only 200 licensed powered

sailplanes in the United States, and that
16232 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

there is an inadequate distribution of

two-place powered sailplanes to

respond to the NPRM’s requirements.

SSA states that it ‘‘seems beyond the

scope of lessening the burden of

regulatory reform to establish a class

rating for such a minimal size group

who has not shown a propensity to

denigrate safety.’’ SSA suggests that

pilots should be required to acquire a

‘‘certificate with a glider category,’’

obtain a logbook endorsement for each

launch method demonstrated, and

follow a syllabus to reach certification.

EAA supports SSA’s comments to the

proposed class ratings for powered and

nonpowered gliders and believes there

is no safety justification to support the

proposal. EAA specifically objects to the

proposed powered glider rating for

private pilots as set forth in

§ 61.109(b)(5), and recommends

incorporating a power glider

endorsement rather than adding a

rating.

NAFI and AOPA also object to the

establishment of separate glider class

ratings. According to these commenters,

an endorsement specifying ‘‘selfpowered launch’’ privileges would be

sufficient. NAFI also states that the FAA

has failed to provide evidence justifying

the proposal on safety grounds. The

commenters contend that if the proposal

is adopted, all present glider pilots

should automatically receive a new

certificate with both powered and

nonpowered glider privileges. NAFI also

states that an individual who holds a

glider rating and an airplane category

rating should be able to obtain a

powered glider rating without a further

showing of proficiency.

Some of the individual commenters

who oppose the proposal state that AC

No. 61–94 addresses the issue of flight

instructors endorsing pilots to fly

powered gliders. One commenter states

that most glider instructors are also

rated in powered aircraft, and that the

proposed system would make it more

difficult to find an appropriate

instructor.

FAA Response: After reviewing the

comments, the FAA has decided not to

create separate class ratings for

nonpowered and powered gliders.

Instead, the FAA has decided to accept

the alternative suggested by industry

that would establish training and

endorsement requirements for specific

glider operations in lieu of placing

limitations on pilot certificates as is

currently required. This change will

reduce the regulatory burden on the

public, as well as the administrative

burden for the FAA, while providing a

level of safety equivalent to the current

regulations. The FAA has added

paragraph (k) to § 61.31, which provides

training and endorsement requirements

for operating gliders.

G. English Language Requirements

Summary of the proposal/issue: The

FAA proposed to delete exceptions to

requirements for applicants to be able to

read, speak, write, and understand the

English language at all certificate levels

and ratings, as well as in the case of

certificates issued on the basis of foreign

pilot licenses under § 61.75. The FAA

also proposed to delete references to the

ability to write in English and to speak

without accent or impediment that

would interfere with two-way radio

communication at the ATP certificate

level in § 61.151.

Comments: ALPA and NAFI support

the proposed English language

requirements. NAFI believes the

potential for communications error will

decrease under the proposal.

IDPA states that, while it would

support a proposal to standardize the

English language fluency requirements,

it cannot support the proposed change

because it would discriminate against

individuals who are deaf, hard of

hearing, or otherwise speech impaired.

IDPA opposes eliminating the provision

that allows special limitations to be

placed on pilot certificates restricting

operations in airspace where the English

language is required. IDPA suggests that

the proposal be modified to allow the

retention of the special limitation

provisions for Americans fluent in the

English language who are deaf, hard of

hearing, or speech impaired.

The NSFD states that it supports the

opinions expressed by IDPA. The

DCARA joins in these concerns and

states that there is no reason to restrict

deaf and speech-impaired pilots from

flying in airspace where

communications are not necessary.

PVA opposes the effect of the

proposed changes to the English

language requirements on individuals

with hearing or speech impairments,

and states that the changes would make

these individuals ineligible for pilot

certification under §§ 61.96, 61.103, or

61.123 on the basis of their disability.

PVA urges the FAA to ensure that the

eligibility requirements do not

arbitrarily discriminate on the basis of a

disability.

In its comment, AOPA states that it

supports the position of IDPA. AOPA

states that qualifying language that

made special provision for hearing and

speech impaired individuals has been

inappropriately deleted from

§§ 61.103(b) and 61.213(a)(2). AOPA

further comments that §§ 61.83(c),

61.96(b), and 61.123(b) also single out

qualified pilots with speech and hearing

impairments, and are likely to be in

violation of the Americans with

Disabilities Act of 1990.

HAI also expresses a concern that

someone who is speech or hearing

impaired would not meet the

requirements to read, write, speak, and

understand the English language. The

commenter also objects to proposed

§ 61.83, because many foreign students

who train in the U.S. do not become

more fluent until later in their training,

and would therefore be eliminated from

eligibility under the proposed change.

HAI recommends retaining the language

of the existing rule.

Individual commenters also express

concern about the proposal’s effect on

speech and hearing impaired

individuals. Other commenters who did

not address the implications for speech

and hearing impaired individuals

support the proposal, stating that it

would improve communications and

safety. One commenter feels that the

FAA should not eliminate the rule

language requiring ATP applicants to

speak English without accent or

impediment and disagrees with the

FAA’s statement that the rule language

is superfluous in light of the proposed

changes to the rule.

FAA Response: The FAA agrees that

there was an unintended effect in the

proposed rule change that would

prevent deaf pilots, and pilots with

other medical conditions that have a

command of the English language, from

meeting the eligibility requirements for

a pilot certificate. The FAA has

determined, however, for safety

concerns, that operations in the NAS do

require a basic command of the English

language. Therefore, as proposed, the

FAA is removing the exceptions that

permit pilots to be certificated without

a basic command of the English

language. The FAA has added a

provision to the eligibility requirements

for pilot certification to permit

individuals who have a command of the

English language, but who may not be

able to meet the proposed requirements

due to a medical condition, to have

limitations placed on their pilot

certificates that would continue to

permit them to exercise the privileges of

their certificate.

H. Areas of Operation

Summary of the proposal/issue: In

Notice No. 95–11, the FAA proposed

general areas of operation to be

addressed in training and on practical

tests, for all pilot and instructor

certification. This was a departure from

specifying the required maneuvers and

procedures in the FAR. The specific
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16233

tasks to be performed would be

contained in the practical test standards

(PTS), based on the areas of operation

listed in the regulations.

Comments: Approximately 65

comments address the proposal to use

generalized areas of operation in the

regulations, and a large majority

opposed the proposal. Commenters

object that the FAA could revise

requirements for certificates and ratings

without issuing an NPRM and soliciting

public comments. One commenter states

that this change would not be in

compliance with the Administrative

Procedures Act. One commenter

questions the proposed terminology and

states that while the proposal refers to

performing areas of operation, pilots

actually perform tasks within areas of

operation, which the commenter states

should clearly be referred to in the

regulation as those specified in part 61.

SSA supports the FAA’s decision for

the FAR to refer to those areas of

operation and tasks that coincide with

the PTS. SSA believes that this change

will eliminate the confusion between

the PTS and the FAR. However, SSA

expresses a concern that this proposed

change will only result in the

promulgation of more tasks for each area

of operation. According to SSA, the cost

of learning to fly has significantly

increased because the amount of

required training has changed over the

years, and the commenter does not

believe that these increased

requirements have resulted in a

significant decrease in accidents.

FAA Response: The FAA is adopting

this proposal in order to be more

responsive to advances in training and

technology, and to accident and

incident trends. While the FAA

recognizes the commenters’ concerns,

the FAA finds that they are unfounded.

Changing the hour requirements for

certification in the future would need to

be conducted using a formal rulemaking

process with its associated notice and

comment procedures. When revising the

PTS, the FAA’s Flight Standard Service

actively seeks comments from the

public, and continuously accepts

comments requesting changes for future

PTS revisions.

V. Section By Section Analysis

Part 1—Definitions and Abbreviations

Section 1.1 General definitions.

The FAA proposed revising the

definitions of balloon, flight time, and

pilot in command.

Comments: Individual commenters

agree with the FAA’s concept of

distinguishing between the

requirements for gas balloons and

balloons with airborne heaters, but

suggest variations on use of the

terminology. One commenter, for

example, suggests using ‘‘gas balloon’’

and ‘‘hot air balloon;’’ another, however,

suggests ‘‘balloon’’ and ‘‘balloon with

airborne heater.’’

FAA Response: After reviewing the

comments, the FAA has decided to

modify the language defining ‘‘balloon’’

to state ‘‘a lighter-than-air aircraft that is

not engine driven, and that sustains

flight through the use of either gas

buoyancy or an airborne heater.’’ In

addition, the FAA has modified the

definition of ‘‘pilot in command’’ in

proposed paragraph (b)(4), withdrawing

the reference to ‘‘actual flight

conditions.’’ A number of commenters

oppose the use of this language in the

proposed rule. Their comments are

addressed in the discussion of § 61.1.

The definition of flight time was

adopted as proposed except for a

modification that replaced the term

‘‘nonpowered glider’’ in the proposed

definition with ‘‘glider without selflaunch capability.’’ The FAA also

determined that the definition of

‘‘powered-lift’’ should be added to this

section because the new powered-lift

category is adopted in the final rule.

The proposal is adopted with the

changes discussed and with other minor

editorial and formatting changes.

Discussion of Specific Proposals

The FAA proposes to change the title

of part 61 to ‘‘Certification: Pilots, Flight

Instructors, and Ground Instructors,’’

because part 143 has been eliminated

and the rules governing the certification

of ground instructors have been moved

to part 61.

Special Federal Aviation Regulations

SFAR No. 58 Advanced Qualification

Program

The final rule retains the reference to

SFAR No. 58.

SFAR No. 73 Robinson R–22/R–44

Training and Experience Requirements

The final rule retains the provisions of

SFAR No. 73.

Subpart A—General

Section 61.1 Applicability and

definitions.

Section 61.1(a)

Section 61.1 is revised by adding the

provision in paragraph (a)(2) for pilot

authorization, as well as deleting the

reference to § 61.71 and inserting a

reference to ‘‘courses approved by the

Administrator under other parts of this

chapter’’ to incorporate training

programs under SFAR No. 58, proposed

training centers, and part 141 pilot

schools.

Section 61.1(b)

In Notice No. 95–11, the FAA

proposed to create a new section, 61.1a,

to clarify 15 terms used throughout part

61 as follows: aeronautical experience;

airman certificate; authorized ground

instructor; authorized flight instructor;

cross-country time; examiner; flight

training; ground training; instrument

approach; instrument training;

knowledge test; pilot time; practical test;

supervised pilot-in-command time; and

training time. For ease of reference,

proposed § 61.1a and the definition of

terms contained in current § 61.2 as

adopted in Amendment No. 61–100,

‘‘Aircraft Flight Simulator Use in Pilot

Training, Testing, and Checking at

Training Centers,’’ have been

incorporated into § 61.1.

Comments: Approximately 200

comments were received in response to

the clarification of terms. SSA

comments that part 1 is the appropriate

place to define terms, instead of § 61.1a.

One commenter, who was in general

agreement with the proposed

clarification of terms section, requests

that the FAA define ‘‘training’’ for

purposes of logbook entries. Another

requests that ‘‘compensation or hire’’ be

defined in § 61.1(a). Another commenter

requests that the FAA define the term

‘‘route’’ as used in proposed

§ 61.129(a)(4)(ii). Other comments

specifically address the proposed terms

and definitions.

AOPA opposes the exclusion of

student pilot certificates from the

definition of airman certificates because

these certificates are subject to most of

the part 61 provisions for airman

certification.

SSA supports the adoption of the term

‘‘supervised pilot in command’’ because

it will help eliminate the confusion

surrounding ‘‘solo flight’’ and reinforces

the principle that the CFI supervises all

solo flights by students. GAMA supports

allowing student pilots to log pilot-incommand time under certain

conditions, but it finds the definition of

‘‘supervised pilot in command’’ vague

and open to varying interpretations.

AOPA urges the FAA to withdraw the

entire concept of ‘‘supervised pilot in

command’’ and retain the current

definitions of dual and solo instruction

time. Although the commenter supports

clarifying the policy with respect to

permitting student pilots to log solo

time as pilot-in-command time toward

future certificates and ratings, AOPA

believes that there are numerous

conflicts between the application of this

new term and many sections in part 61.
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According to the commenter, the term

creates confusion as to what truly is

‘‘solo’’ time. AOPA also states that the

proposed definition raises liability

concerns for instructors because of the

use of the term ‘‘supervised’’ for flights

when an instructor does not truly

supervise a student or pilot. The

commenter notes there is no provision

in proposed § 61.51 for logging

supervised pilot-in-command time.

NAFI opposes the wording of the

definition of ‘‘supervised pilot in

command.’’ NAFI states that, except for

aircraft type certificated for more than

one crewmember, ‘‘a flight instructor

should not be on board an aircraft when

a student is conducting a supervised

pilot-in-command flight.’’ NATA states

that it supports permitting student

pilots to log pilot-in-command time but

that proposed § 61.51 provides

adequately for this. NATA recommends

retaining the term ‘‘solo’’ to eliminate

any confusion associated with the new

term. NATA also states that the

proposed term does not clearly indicate

whether an instructor is permitted to be

on board an aircraft. NATA also states

that the term does not appear to be

applicable to advanced training.

HAI comments that the proposed term

leads to confusion in other areas of the

regulations and recommends retaining

the term ‘‘solo.’’ The commenter asks

whether pilot-in-command time counts

as supervised pilot-in-command time.

FAA Response: In response to the

cited comments, the FAA acknowledges

that certain definitions would not

clarify part 61. Therefore, the FAA has

decided to not include the definitions

for ‘‘airman certificate,’’ ‘‘authorized

ground instructor,’’ ‘‘authorized flight

instructor,’’ and ‘‘supervised pilot in

command’’ in the final rule. The FAA

agrees that the definition of ‘‘airman

certificate’’ conflicts with the U.S. Code

and the FAR, and should be deleted.

The FAA has removed the definitions

for ‘‘authorized flight instructor’’ and

‘‘authorized ground instructor’’ and

replaced them with a single definition

for ‘‘authorized instructor’’ as explained

in the analysis of § 61.1(b)(2) below. The

concept of supervised pilot in command

was created only to permit the logging

of student solo time as pilot-incommand time under § 61.51. The

proposed definition created difficulty in

determining when supervision was

occurring, and has been removed.

Section 61.1(b)(1) Aeronautical

experience.

The FAA proposed a definition of

aeronautical experience as pilot time

obtained in an aircraft, flight simulator,

or flight training device for meeting the

appropriate training and flight time for

an airman certificate, rating, flight

review, or recency of flight experience.

Comments: Although pilot time in a

flight simulator or flight training device

is addressed in certain definitions such

as ‘‘aeronautical experience,’’ one

commenter points out that there is no

specific definition to provide for

training conducted in a simulator.

FAA Response: The intent of the

section is to ensure more consistent use

of terms throughout part 61. The FAA

finds that the commenter’s statement is

outside the scope of Notice No. 95–11,

and that the definition of ‘‘aeronautical

experience’’ clarifies the rule and

should be adopted as proposed.

Section 61.1(b)(2) Authorized instructor.

The FAA proposed definitions for

‘‘authorized flight instructor’’ and

‘‘authorized ground instructor’’ in

§§ 61.1a (c) and (d).

Comments: ATA expresses concern

regarding the use of the term

‘‘authorized flight instructor’’ in

proposed § 61.1a(d). ATA notes the use

of the term ‘‘authorized instructor’’ in

§ 61.157(f) and states that the term was

not intended by the FAA to mean the

holder of a flight instructor certificate.

Rather, ATA states that the FAA meant

that the term ‘‘authorized instructor’’

could also include an instructor

qualified under the air carrier

regulations of part 121.

AOPA strongly opposes the proposed

change from the term ‘‘certificated flight

instructor’’ to ‘‘authorized flight

instructor.’’ AOPA notes that references

are made to CFIs in thousands of

publications, videos, books, and

government manuals. The commenter

also is concerned that the proposed

terminology could have a deleterious

effect on the liability exposure of flight

instructors. In addition, AOPA

comments that it appears that the FAA

is relinquishing its role as the sole

certificator of airmen, and that FAA

counsel is attempting to circumvent the

established procedures for certificate

enforcement actions since there are no

formal legal procedures in place for the

removal of an authorization. The

commenter believes that this could

compromise a flight instructor in any

certificate or civil action. The

commenter contends that no

justification is presented for this

proposed change.

NAFI also opposes this proposed

change in terminology. Consistent with

AOPA’s comment, NAFI states that the

term ‘‘CFI’’ would have to be replaced

in every reference at considerable

expense to government and industry.

Six other individual commenters

oppose the proposed definition of

‘‘authorized flight instructor.’’ Some of

the commenters state there is no reason

to change from the commonly used term

‘‘certified (certificated) flight instructor’’

(CFI) to ‘‘authorized flight instructor,’’

or ‘‘AFI.’’ One commenter adds that the

‘‘marginal clarification’’ intended by the

new term does not warrant the

confusion likely to result among

students as well as the need to revise

books, videos, and other training

materials.

FAA Response: The FAA has removed

the definitions of ‘‘authorized flight

instructor’’ and ‘‘authorized ground

instructor’’ and replaced them with a

new term, ‘‘authorized instructor,’’

which encompasses commercial lighterthan-air pilots and ATP certificate

holders who may also provide training.

Additionally, the FAA has modified the

definition to include persons providing

training under part 142. With respect to

the commenters’ fear that the term

‘‘certificated flight instructor’’ will no

longer be valid due to the change, the

FAA stresses that flight and ground

instructors are still certificated under

part 61, and therefore will remain

certificated instructors.

Section 61.1(b)(3) Cross-country time.

In Notice No. 95–11, cross-country

time was defined for three separate

circumstances: (1) For persons who hold

a private, commercial, or airline

transport certificate; (2) for persons

applying for a private or commercial

pilot certificate or instrument rating;

and (3) for military pilots.

Comments: NAFI indicates approval

for the clarification of this term. HAI

recommends removing the requirement

for cross-country flight time to require

landing by changing proposed

§ 61.1a(e)(1)(ii) ‘‘landing point’’ to

‘‘destination.’’ HAI’s justification for the

modification is that many CFIs, CFIIs,

and aerial photographers may fly long

distances without landing at any point

other than their point of departure. The

commenter states that its proposed

change will permit these pilots to log

cross-country time. The commenter also

points out that the proposed 50-nautical

mile requirement for all cross-country

flights is inconsistent with the 25-

nautical mile cross-country flight

requirement for pilots seeking

certification in helicopters.

AOPA supports clarifying what

constitutes cross-country flight time

based upon the certificate held by a

pilot. The commenter, however,

opposes the cross-country definition

because it relies upon the undefined

term ‘‘actual flight.’’ AOPA is concerned
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16235

that the definition effectively excludes

taxi, run-up, takeoff, and landing roll as

loggable flight time. According to

AOPA, this unloggable time could be

significant if full-stop landings are

required for currency training.

While one individual commenter

expresses agreement with the proposed

definition, others propose changes that

would make the definition more

appropriate for different categories of

aircraft and types of operations.

Commenters state that the definition is

not appropriate for balloon operations,

which do not necessarily use airports

and in which a 50-nautical mile flight

may be unusually far, or for glider

operations, which may cover long

distances but begin and end at the same

site. One commenter suggests treating

‘‘mission pilots,’’ such as those

conducting fish-spotting and fire and

pipeline patrol operations, the same as

military pilots. To account for such

cases, one commenter suggests

provisions under which cross-country

flight would include any flight that

departs an airport and its traffic pattern

and lands at another location, or, for a

flight that does begin and end at the

same location, would include any flight

of more than 50 nautical miles in

powered aircraft, or 25 nautical miles in

nonpowered aircraft. That commenter

states the proposal would apply to

flights in which dead reckoning,

pilotage, electronic, or radio navigation

aids were used.

FAA Response: In response to the

commenters’ concerns, the FAA has

modified the definition of ‘‘crosscountry time’’ to remove any distinction

between flight and actual flight. The

definition was also modified to permit

flights of 25 nautical miles for a private

rotorcraft rating to be considered as

cross-country flights. The definition was

modified to include references to future

navigation systems rather than

restricting cross-country navigation to

present methods and systems. In

response to comments received, the

FAA modified the definition of crosscountry time to permit a commercial

pilot, airline transport pilot, or military

pilot qualified for a commercial pilot

rating to log cross-country time without

requiring a landing at a point 50

nautical miles from the original point of

departure.

Section 61.1(b)(4) Examiner.

In Notice No. 95–11, the term referred

to persons authorized to conduct

practical tests or knowledge tests under

part 61. However, the FAA has modified

the definition in the final rule to include

persons who conduct pilot proficiency

tests.

Section 61.1(b)(5) Flight simulator.

The FAA has modified and combined

the current definitions of ‘‘flight

simulator, airplane’’ and ‘‘flight

simulator, helicopter,’’ as adopted in

Amendment No. 61–100, to include all

categories of aircraft.

Section 61.1(b)(6) Flight training.

In Notice No. 95–11, the term ‘‘flight

training’’ was defined as training other

than ground training received from an

authorized flight instructor in actual

flight in an aircraft.

Comments: For the same reasons

expressed in its comment on the use of

the term ‘‘actual flight’’ in defining

cross-country time, AOPA opposes the

use of the term in the definition of

‘‘flight training.’’ SSA does not object to

this definition, but notes that it narrows

the ‘‘perception of dual time,’’ which

could include simulators.

FAA Response: The intent of the

section is to ensure more consistent use

of terms throughout part 61. The FAA

believes the definition achieves this goal

and should be adopted as proposed with

a modification to remove any

distinction between flight and actual

flight in response to commenters’

concerns.

Section 61.1(b)(7) Flight training

device.

The FAA has modified the current

definition of ‘‘flight training device,’’ as

set forth in Amendment No. 61–100, to

include all categories of aircraft.

Section 61.1(b)(8) Ground training.

In Notice No. 95–11, the term ‘‘ground

training’’ is defined as training other

than flight training received from either

an authorized ground instructor or an

authorized flight instructor. However,

the FAA has modified the definition in

the final rule to replace the phrase

‘‘authorized ground or flight instructor’’

with the term ‘‘authorized instructor.’’

This change was discussed in the

analysis of § 61.1(b)(2). Except for this

change, the definition is adopted as

proposed. No substantive comments

were received.

Section 61.1(b)(9) Instrument

approach.

Notice No. 95–11 described the

instrument approach as an approach

procedure, defined in 14 CFR part 97,

conducted to an established minimum

descent altitude (MDA) or decision

height (DH) or, if necessary, to a higher

altitude selected by the air traffic

control (ATC) facility with jurisdiction

over that airspace for safety reasons.

Comments: AOPA believes that there

is a potential conflict between the

proposed definition of ‘‘instrument

approach’’ in § 61.1a(i) and the

instrument proficiency requirements of

§ 61.57(c)(1)(i) because the definition

requires that the approach be flown to

MDA or DH. The commenter also is

concerned that under the proposed

definition, an approach not flown to

MDA or DH could be logged only if ATC

considered it unsafe. AOPA believes

that a pilot is in a better position to

determine safety issues. AOPA also

points out that the majority of training

flights are conducted in VFR conditions

with the aid of air traffic services.

According to the commenter, the

proposal would pose an economic and

safety threat by forcing pilots to

continue an approach under unsafe

conditions in order to log it and avoid

the cost of repeating the approach, or to

terminate the approach for safety

reasons before it could be logged.

NAFI also opposes the wording in this

provision, because a typical descent in

which the aircraft breaks out of the

overcast before reaching MDA would

not be loggable.

Some individual commenters also

state that this definition may be overly

restrictive, because practice approaches

often are conducted under VFR and

without involvement of ATC. These

commenters state that the pilot, safety

pilot, or flight instructor may determine

the need to terminate the approach prior

to reaching MDA or DH for safety

reasons. Another commenter states that

it is beneficial for beginning instrument

students to complete some approaches

visually so they better understand issues

related to transitioning from

instruments to visual flight. That

commenter also indicates that in

approaches conducted under IFR, pilots

may sight the airport or runway prior to

reaching MDA or DH if weather

conditions permit. One commenter

suggests revising the definition to

permit the pilot to terminate the

approach prior to DH or MDA for safety

reasons. Another commenter proposes

to define ‘‘instrument approach’’ as

‘‘ * * * an approach procedure defined

in part 97 and conducted in accordance

with that procedure or as directed by

ATC to a point beyond an initial

approach fix defined for that

procedure.’’ The commenter explains

that this definition would allow for

logging instrument approaches that

require some portion of the published

approach procedure to be followed in

order for the pilot to establish visual

references to the runway. The

commenter suggests that for specific

purposes such as training or currency

requirements, the term could refer to

descent to the MDA or DH, or to the
16236 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

missed approach point, which may

occur after the MDA is reached.

FAA Response: To address the

public’s concerns, the definition of

‘‘instrument approach’’ was modified to

remove any requirement that the

approach be conducted to DH, MDA, or

to a higher altitude selected by ATC in

order to be considered an instrument

approach.

Section 61.1(b)(10) Instrument

training.

Notice No. 95–11 defines instrument

training as that time in which

instrument training is received from an

authorized flight instructor under actual

or simulated instrument flight

conditions.

Comments: One commenter expresses

concern regarding the lack of a

sufficient provision for training

conducted in simulators, and suggests a

definition for ‘‘simulated flight’’ and for

‘‘instrument training,’’ which would

encompass training received in a flight

simulator or flight training device.

Another commenter states that the

proposed definition does not refer to

authorized ground instructors.

FAA Response: Training received in

flight simulators is outside the scope of

the rule, and is addressed in another

rulemaking project (Notice No. 92–10),

as explained in section II. The term

‘‘authorized instructor’’ is used as

explained in the analysis of § 61.1(b)(2),

and the definition of instrument training

has been modified to reflect this change.

Section 61.1(b)(11) Knowledge test.

The term ‘‘knowledge test’’ replaces

‘‘written test,’’ because the FAA believes

the term ‘‘knowledge test’’ is a more

inclusive term that incorporates the use

of computer testing on the aeronautical

knowledge areas in part 61. No

substantive comments were received,

and the definition is adopted as

proposed.

Section 61.1(b)(12) Pilot time.

The FAA inadvertently failed to

discuss this proposed definition in the

NPRM preamble. However, in response

to requests for legal interpretations as to

what constitutes ‘‘pilot time,’’ the FAA

included the definition of ‘‘pilot time’’

in the proposed rule.

Comments: A commenter expresses

strong opposition to the inclusion of

training given in an approved flight

simulator or approved flight training

device in the proposed definition of

‘‘pilot time.’’

FAA Response: Since the early 1980’s,

the FAA has recognized the importance

of flight simulators and flight training

devices, and has issued over 30

exemptions to provide for the use of

simulators and flight training devices.

Therefore, the final rule reflects

established FAA policy.

Section 61.1(b)(13) Practical test.

The proposed definition included

both oral and flight testing or testing in

an approved flight simulator or flight

training device on the areas of operation

for an airman certificate, rating, or

authorization. The definition is changed

in the final rule to remove the reference

to ‘‘actual flight.’’ Except for this

change, the definition is adopted as

proposed. No substantive comments

were received.

Section 61.1(b)(14) Set of aircraft.

The FAA has modified the current

definition originally set forth in

Amendment No. 61–100 from ‘‘set of

airplanes or rotorcraft’’ to ‘‘set of

aircraft’’ to include all categories of

aircraft.

Section 61.1(b)(15) Training time.

Notice No. 95–11 discussed ‘‘training

time’’ as training received in actual

flight from an authorized flight

instructor, on the ground from an

authorized ground or flight instructor,

or in a flight simulator or flight training

device from an authorized ground or

flight instructor.

Comments: AOPA opposes the use of

the term ‘‘actual flight’’ in the definition

of ‘‘training time’’ because it effectively

excludes taxi, run-up, takeoff, and

landing roll as loggable flight time.

According to AOPA, this unloggable

time could be significant if full-stop

landings are required for currency

training.

FAA Response: The definition of

‘‘training time’’ was modified in the

final rule to remove any distinction

between flight and actual flight. Taxi

and run-up time performed for the

purpose of flight can be logged as

training time.

Section 61.2 Certification of foreign

pilots, flight instructors, and ground

instructors.

In Notice No. 95–11, the FAA

proposed to revise § 61.2 to include a

provision for ground instructor

certificates. As previously noted,

Amendment No. 61–100 redesignated

this section as current § 61.3. The FAA

also proposed to permit a person who is

not a citizen of the United States or a

resident alien of the United States to: (1)

complete a knowledge or practical test

outside the United States; (2) be issued

an additional category, class,

instrument, or type rating, as applicable

on a U.S. pilot certificate; and (3) be

issued an additional renewal, or

reinstatement of a category, class, or

instrument rating for a U.S. flight

instructor or ground instructor

certificate.

Comments: ALPA expresses concern

over proposed § 61.2, which, the

commenter states, makes it easier for a

person who is neither a U.S. citizen nor

a resident alien to obtain a U.S. pilot

certificate. ALPA urges further

amendment of this regulation as

follows: ‘‘A certificate issued under this

subsection may not permit the holder to

serve as a required crewmember on an

aircraft in the commercial operations of

a U.S. carrier.’’ ALPA cites ‘‘the need to

protect quality piloting jobs for U.S.

citizens and resident aliens.’’ According

to ALPA, future growth in U.S. air

carrier operations will be on

international routes, and there are

indications that U.S. carriers are

considering hiring noncitizen,

nonresident aliens as flight crew for

these operations.

AOPA opposes the wording of

proposed § 61.2 because it appears that

the current regulation has been changed

to the detriment of foreign pilots seeking

U.S. certification. According to AOPA,

the proposed language places a different

emphasis on the word ‘‘need,’’ implying

that the discretion to determine whether

a pilot really ‘‘needs’’ a certificate is left

to the Administrator. The commenter

recommends retaining the original

language. It is AOPA’s position that,

instead of attempting to limit the

issuance of U.S. pilot certificates to

foreign airmen, the FAA should

aggressively pursue reciprocal rights for

U.S. certificated pilots in foreign

countries because U.S. certificates are

not normally recognized as the

equivalent of certificates issued in other

countries.

FAA Response: The FAA notes

ALPA’s concerns but does not find the

commenter’s specific proposal to be

within the scope of this rulemaking. As

explained in the preamble to Notice No.

95–11, the existing provisions of § 61.2

limit U.S. training and airplane

manufacturing companies from

expanding their business into the

international aviation market. The

proposed rule was written to address

this problem. With regard to AOPA’s

comment concerning the language of the

proposed rule, the FAA finds that the

proposed rule does not differ

substantively in this regard from the

existing rule. The rule is adopted as

proposed.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16237

Section 61.3 Requirement for

certificates, ratings, and authorizations.

As previously noted, Amendment No.

61–100 redesignated this section as

current § 61.5.

Section 61.3(a) Pilot certificate.

The FAA clarified the requirement in

§ 61.3(a) that a pilot certificate must be

in the person’s ‘‘personal possession’’

whenever the person exercises the

privileges of the certificate.

Comments: ALPA supports the

requirements of proposed § 61.3(a) on

the possession of certificates.

HAI comments that while the loss of

a pilot certificate during a trip may be

considered remote, it has occurred. The

commenter contends that because the

loss of a certificate does not affect the

safety of an operation, a pilot should not

be unduly penalized. HAI recommends

modifying § 61.3(a) to provide an

exception in the case of operations

under part 121 or part 135 where a

procedure has been approved for

interim operations after the accidental

loss of a pilot certificate. HAI notes that

while the conditions for granting an

approval for such a procedure for part

121 and 135 operators are beyond the

scope of Notice No. 95–11, the proposed

exception can be implemented

immediately, and details associated

with the procedures could be included

in an AC or in FAA handbook material,

pending the determination of the need

to change part 121 or part 135.

EAA and NAFI oppose the proposal

and contend that pilot records can be

obtained at any time through the use of

computers and electronic media. These

commenters do not believe the proposal

will enhance safety and, instead, might

expose pilots to inadvertent violations

and enforcement actions. EAA also

states that under the proposal, pilots

who lose their certificates on a crosscountry flight would be unable to return

home.

It is AOPA’s position that, although

proposed § 61.3 is a slight improvement

over the existing regulation, the FAA

should withdraw this requirement

entirely. AOPA recommends that the

FAA qualify the language in § 61.3

concerning ‘‘required crewmember’’ to

state that the instructor may not act as

a ‘‘crewmember required under the

aircraft’s type certificate’’ without a

valid medical certificate. AOPA believes

that this modification would permit a

flight instructor to provide instrument

instruction and act as a safety pilot

under the regulations without a medical

certificate.

One individual commenter agrees

with the need for clarification, but states

that the proposal still is ambiguous. He

states that ‘‘physical possession’’ should

be defined in § 61.1a or replaced with ‘‘a

valid airman certificate in the aircraft

and readily accessible when exercising

* * *’’

FAA Response: The FAA is persuaded

by the public comments that contend

the proposed section could create

difficulties in certain situations. As

provided for in § 61.29, the FAA will

permit a pilot to use a facsimile received

from the FAA to satisfy the

requirements of § 61.3(a). In response to

AOPA’s comment regarding instructors

who act as safety pilots not being

required to have a medical certificate,

the FAA notes that § 91.109 specifies

that a safety pilot is required to conduct

simulated instrument flight, which

makes the safety pilot a required

crewmember. Therefore, an instructor in

such situations would be required to

hold a medical certificate. In addition,

AOPA requests that safety pilots

operating under § 91.109 be excepted

from holding medical certificates. The

FAA has decided not to address this

request here, as it is beyond the scope

of this rulemaking.

Section 61.3(b) Required pilot

certificate for operating a foreign

registered aircraft.

In Notice No. 95–11, the FAA

proposed formatting and editorial

changes to this paragraph. The rule

change addresses the pilot certificate

requirements for operating aircraft of

foreign registry within the United

States, and is adopted as proposed. No

substantive comments were received.

Section 61.3(c) Medical certificate.

This section was clarified in Notice

No. 95–11, and set forth the

requirements for persons to have their

medical certificate in their physical

possession or readily accessible in the

aircraft. It also specifically identified

when it is permitted for persons not to

have their medical certificate in their

physical possession or readily

accessible in the aircraft.

Comments: HAI suggests modifying

proposed § 61.3(c)(1)(ii) to cover the

accidental loss of a medical certificate.

Similarly, GAMA suggests adding the

language ‘‘except for renewal or

replacement’’ to proposed

§ 61.3(c)(1)(ii).

Approximately 30 commenters

address proposed medical certification

requirements from the point of view of

glider operations, nearly all of them in

favor of Notice No. 95–11. Most

commenters feel the proposal confirms

that medical certificate requirements

would continue not to apply to glider

pilots, a policy they support. ASA, SSA,

AOPA, and EAA support retaining

medical self-evaluation for glider pilots.

ASA states its opposition to the

imposition of any standards for medical

self-evaluation, while SSA opposes the

listing of disqualifying conditions.

AOPA states that by not including

powered gliders in proposed

§ 61.3(c)(2)(i), the FAA will be revoking

the currently held privilege of operating

powered gliders without a medical

certificate. AOPA is unaware of any

documented problem with medical

incapacitation-related accidents for

powered gliders that could justify

implementation of a new medical

certificate requirement for this group of

airmen. NAFI also states that powered

gliders should be included in this

regulation.

FAA Response: The FAA has

considered the public comments that

indicate the proposed section could

create difficulties for certificate holders

who are awaiting the replacement of lost

or destroyed certificates. Therefore, the

phrase ‘‘or other documentation

acceptable to the Administrator’’ has

been added to the final rule. With regard

to AOPA’s concern over medical

certificate requirements for pilots flying

powered gliders, as explained in section

IV,F, the FAA is not adopting the

proposed separation of the glider

category into powered and nonpowered

classes.

However, for reasons discussed in

section IV,A of this preamble, the final

rule includes medical certificate

requirements for recreational pilots, and

student pilots seeking recreational pilot

certificates.

Section 61.3(d) Flight instructor

certificate.

In Notice No. 95–11, the FAA

clarified the requirement that a flight

instructor certificate must be in the

person’s ‘‘personal possession’’

whenever the person exercises the

privileges of the certificate. This section

also provided that a flight instructor

certificate is not necessary if: (1) The

training is given in accordance with a

part 121 or part 135 air carrier approved

training program; (2) the training is

given by the holder of an ATP certificate

under § 61.169 of this part; and (3) the

person receiving the training and the

person giving the training are employees

of that air carrier. This proposal also

provided that a flight instructor

certificate is not necessary if the training

is conducted in accordance with the

provisions of § 61.41.

Comments: GAMA and AOPA are

concerned that the proposal would

present problems for flight instructors
16238 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

participating in renewal programs that

require instructors to turn in their CFI

certificate when they mail in their

course documentation. AOPA believes

the proposed rule could ground these

instructors while they await their

certificates.

ATA states that the language in the

NPRM preamble regarding proposed

§ 61.3 implies that a flight instructor

certificate is not necessary if the training

is in accordance with a part 121 air

carrier approved training program, and

the persons receiving and giving the

training are employees of the air carrier.

ATA notes that many part 121 air

carriers provide training to other part

121 air carriers. The commenter

recommends modifying the regulation

to exclude the language ‘‘person

receiving the training’’ and include a

statement that would allow a part 121

air carrier with an approved training

program to train another part 121 air

carrier’s pilots.

FAA Response: Based on public

comments that argue the proposed

section could create difficulties in

situations where flight instructor

certificates are mailed in upon

completion of a renewal course, the

FAA has decided to add the phrase ‘‘or

other documentation acceptable to the

Administrator,’’ which would permit a

flight instructor to use a copy of a

graduation certificate from a CFI

refresher course and a copy of the

completed application for renewal to

meet this requirement. The FAA also

agrees with ATA’s comment, because

the practice that ATA refers to is

currently permitted, and the FAA did

not intend to revoke it. Therefore, the

FAA has changed the final rule to

permit an air carrier conducting

operations under part 121 or 135 with

an approved training program to train

another air carrier’s pilots. Additionally,

the FAA has added provisions stating

that a flight instructor certificate is not

necessary for certain training given by

the holder of a commercial pilot

certificate with a lighter-than-air rating,

a person qualified in accordance with

subpart C of part 142, a person as

provided in § 61.41 of this part, and the

holder of a ground instructor certificate.

Section 61.3(e) Instrument rating.

This section replaced the references to

the instrument rating needed for each

class of aircraft category with the phrase

‘‘appropriate aircraft category, class,

type, and instrument rating.’’ Under the

proposed rule change that established

an instrument rating for airships, the

existing requirement for a pilot to hold

a commercial certificate with a lighterthan-air category and airship class rating

to operate an airship under IFR or IMC

was deleted. The proposal also required

pilots of gliders to hold an instrument

rating for a single-engine airplane. The

FAA has decided to eliminate the

proposed airship instrument rating

proposed in § 61.3(k)(4). Instead, the

FAA is retaining the current

requirements for pilots to possess a

lighter-than-air commercial pilot

certificate with an airship rating to be

permitted to fly airships under IFR,

because the FAA concluded that

operational requirements and accident/

incident data did not establish a

sufficient safety justification for

increased regulatory or economic

burdens resulting from the proposed

change to the rule. This section is

changed to reflect the elimination of the

proposed separation of single- and

multiengine instrument ratings, as well

as the elimination of the powered glider

class rating, as explained in section IV,D

and section IV,F, respectively.

Section 61.3(f) Category II pilot

authorization.

The proposed rule contained only

editorial and format changes, and is

adopted as proposed.

Section 61.3(g) Category III pilot

authorization.

The provisions set forth in current

§ 61.5(i) as adopted in Amendment No.

61–100 have been retained with only

minor editorial and format changes.

Section 61.3(h) Category A aircraft

pilot authorization.

The proposed rule contained only

editorial and format changes, and is

adopted as proposed.

Section 61.3(i) Ground instructor

certificate.

The FAA proposed to include the

certification of ground instructor

certificates and ratings in part 61, and

replaced the phrase ‘‘personal

possession’’ with ‘‘physical possession,

or immediately accessible when

exercising the privileges’’ of the ground

instructor certificate. Except for a minor

modification to clarify that a ground

instructor can only provide

endorsements for a knowledge test, the

final rule is adopted as proposed.

Section 61.3(j) Age limitation.

Notice No. 95–11 proposed to align

the age 60 rule for pilots with the

requirements of part 121 for all U.S. and

foreign pilots who are employed by

foreign carriers that operate U.S.-

registered civil aircraft. Section

121.383(c) provides that no certificate

holder may use the services of, and no

person may serve as, a pilot under part

121 if that person has reached his or her

60th birthday. That section, however,

applies only to pilots serving with U.S.

air carriers certificated under part 121.

There are some U.S.-registered aircraft

operated by non-U.S. air carriers. Under

Annex 1 to the Convention on

International Civil Aviation, the pilots

of these aircraft must hold U.S. pilot

certificates or a U.S. validation of their

foreign pilot license. The special

purpose pilot authorization under

§ 61.77 provides for validation of a

foreign license and applies an age 60

limitation similar to that in part 121.

However, there has not been an age 60

rule applied to the holders of regular

U.S. pilot certificates while operating

U.S.-registered aircraft for non-U.S. air

carriers. This rule provides such a

limitation.

In operations specifications issued

under part 129, the FAA does require

that foreign air carriers under part 129

apply to their pilots in command the age

60 limitation in Annex 1. This applies

only to operations in the United States,

however, and does not apply to seconds

in command. It also applies to all

airplanes operated by the foreign air

carrier, not just U.S.-registered

airplanes. Section 61.3(j) applies to all

pilots, applies to certain operations both

inside and outside the United States,

and applies only to the operation of

U.S.-registered airplanes.

Section 61.3(j) proposed to apply the

age 60 rule to specific operations,

including any scheduled international

air services, nonscheduled international

air transportation, or common carriage

operations for compensation or hire in

civil airplanes having a (1) passenger

seating configuration of more than 30

seats, excluding any required

crewmember seat, or (2) payload

capacity of more than 7,500 pounds.

This was arrived at by merging the

operations covered at that time by the

part 121 age 60 rule, and those

operations covered by the Annex 1 age

60 standard. Part 121 included

scheduled and nonscheduled operations

of civil airplanes having a passenger

seating configuration of more than 30

seats, excluding any required

crewmember seat, and all-cargo

operations with airplanes having a

payload capacity of more than 7,500

pounds. The Annex 1 standard covers

aircraft engaged in scheduled

international air services and

nonscheduled international air

transportation operations for

remuneration or hire.

However, since Notice No. 95–11, the

applicability of part 121 has been

amended to include certain commuter
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16239

airplanes (60 FR 65832; December 20,

1995.) In order to align § 61.3(j) with

part 121, as was proposed, this final rule

applies to the following:

(i) Scheduled international air

services carrying passengers in turbojetpowered airplanes;

(ii) Scheduled international air

services carrying passengers in airplanes

having a passenger-seat configuration of

more than 9 passenger seats, excluding

each crewmember seat;

(iii) Nonscheduled international air

transportation for compensation or hire

in airplanes having a passenger-seat

configuration of more than 30 passenger

seats, excluding each crewmember seat;

or

(iv) Scheduled international air

services, or nonscheduled international

air transportation for compensation or

hire, in airplanes having a payload

capacity of more than 7,500 pounds.

‘‘International air service’’ is defined

as in Article 96 of the Convention of

International Civil Aviation (Chicago

Convention) as scheduled air service

performed in airplanes for the public

transport of passengers, mail, or cargo in

which the service passes through the air

space over the territory of more than one

country. ‘‘International air

transportation’’ is defined as air

transportation performed in airplanes

for the public transport of passengers,

mail, or cargo in which the service

passes through the air space over the

territory of more than one country.

In the part 121 amendment, the FAA

delayed the compliance date for pilots

on operations that were not subject to an

age limitation in the past but now are

subject to the age 60 rule (see 60 FR

65843, as amended, 61 FR 2608; January

26, 1996). Because § 61.3(j) is a new age

limitation, and does not just add

additional operations to an existing age

limit, the FAA is applying the same

delayed implementation dates to all

operations. However, until December

20, 1999, a person may serve as a pilot

in operations covered by this paragraph

after that person has reached his or her

60th birthday, if, on March 20, 1997,

that person was employed as a pilot in

operations covered by this paragraph.

While Notice No. 95–11 proposed to

align the age 60 limitation in § 61.3(j)

with that in part 121, at that time the

changes to part 121 had not been made

final, and Notice No. 95–11 did not

specifically include the new part 121

airplanes. Accordingly, the FAA invites

comments on the inclusion of additional

airplane operations under § 61.3(j).

Comments: Five comments were

received. One commenter supports

clarifying the age 60 rule. Another

commenter objects that the age 60 rule

is an operational rule and should not

appear in part 61 because it does not

constitute a general aviation rule. Two

commenters state that they believe the

safety benefits of an age 60 limitation is

not established, and three commenters

note that the age 60 rule has been

challenged in court.

FAA Response: The FAA has treated

the age 60 rule in the past as both an

operational rule (§ 121.383(c)) and a

certification rule (§ 61.77). Annex 1

places the limitation in its certification

standards. Part 61 contains not only

general aviation rules, but also rules that

apply to airline transport pilots and

commercial pilots. The FAA has

decided to include the age limitation in

§ 61.3(j) as a convenient location where

affected persons may easily find it.

Recently the FAA reconsidered the

age 60 rule and decided not to propose

to change it (60 FR 65977; December 20,

1995). There is no reason to reexamine

that decision at this time. While a

petition for review of that decision has

been filed in the United States Court of

Appeals, there is no need to further

delay implementation of age limitations.

Section 61.3(k) Special purpose pilot

authorization.

The proposed rule required pilots

who hold a special purpose pilot

authorization issued in accordance with

§ 61.77 to have that authorization in

their possession in the aircraft when

exercising the privileges of that

authorization. The rule is adopted as

proposed. No substantive comments

were received.

Section 61.3(l) Inspection of

certificate.

This section, as proposed, permitted

certain exceptions during the proposed

2-year transition period for the

implementation of flight instructor

certificates in the lighter-than-air

category. Because those ratings have not

been adopted in the final rule, proposed

paragraph (k) has been withdrawn.

Proposed paragraph (l) is adopted as

proposed. No substantive comments

were received.

Section 61.4 Approval of simulators

and flight training devices.

Although this section was not

proposed in Notice No. 95–11, it was set

forth in Amendment No. 61–100. It is

modified to refer to the approval of

flight simulators and flight training

devices. The current section has been

revised to provide that any device used

for flight training, testing, or checking

that has been found to be acceptable to

or approved by the Administrator prior

to August 1, 1996, is considered to be

a flight training device, provided it can

be shown to function as originally

designed and is used for the same

purpose for which it was originally

accepted or approved. The FAA notes

that only devices that were accepted in

accordance with AC No. 61–66,

‘‘Annual Pilot in Command Proficiency

Checks,’’ may be used to satisfy the

requirements of § 61.56. All other

devices may be used only to the extent

to which they had received acceptance

or approval prior to August 1, 1996.

This final rule also includes a provision

stating that the Administrator may

approve devices other than flight

simulators or flight training devices for

specific purposes.

Section 61.5 Certificates and ratings

issued under this part.

The FAA proposed significant

changes to this section. The FAA has

decided to withdraw the conversion

provisions proposed in paragraphs (e)

through (h) from the final rule because

the ratings proposed in those paragraphs

were not adopted.

Section 61.5(a)

In Notice No. 95–11, the FAA

proposed to include the ground

instructor certificate in part 61. The

specific provisions regulating the

ground instructor certificates are

discussed in the section-by-section

analysis of §§ 61.211–61.217.

Section 61.5(b)

Section 61.5(b) proposed to establish

a powered-lift category rating; an

instrument rating for powered-lifts,

nonpowered, and powered class ratings

under the glider category; separate

instrument ratings for single-engine and

multiengine airplanes; and an

instrument rating for airships. As

discussed in section IV,D and section

IV,F, the proposals for a powered-lift

category rating and an instrument rating

for powered-lift are adopted. As

previously discussed in section IV,F, the

FAA has decided to withdraw the

proposals for separate ratings under the

glider category, separate instrument

ratings for single-engine and

multiengine airplanes, and an

instrument rating for airships.

In Notice No. 95–11, the FAA

proposed to delete from this paragraph

the word ‘‘small’’ in the reference to

turbojet airplanes in the paragraph that

applies to aircraft type ratings. The FAA

also proposed to eliminate the reference

to AC No. 61–1, ‘‘Aircraft Type

Ratings.’’ The reference is obsolete

because the AC has been revised. The

list of type ratings is incorporated into

AC No. 61–89D, ‘‘Pilot Certificates:
16240 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Aircraft Type Ratings,’’ which also

consists of type-rating curricula. The

FAA is adopting the proposed changes

in the final rule.

The FAA proposed to delete from this

paragraph the specific reference to type

ratings in small helicopters for pilots

with ATP certificates. The FAA is

adopting this change in the final rule.

Section 61.5(c)

In Notice No. 95–11, the FAA

proposed to establish the following

ratings for flight instructor certificates: a

powered-lift category rating, lighterthan-air category and class ratings,

powered and nonpowered glider class

ratings, and instrument ratings for

airship, single-engine and multiengine

airplanes, and powered-lift. For the

reasons discussed in section IV,C and

section IV,F, the lighter-than-air

category and class ratings, and glider

class ratings for the flight instructor

certificate are withdrawn. For the

reasons delineated in section IV,D, the

separate instrument instructor ratings

for airships and single-engine and

multiengine airplanes also are

withdrawn. The powered-lift category

rating and instrument rating are adopted

as proposed. The powered-lift category

proposal is discussed in section IV,F.

Section 61.5(d)

Notice No. 95–11 revised ground

instructor certificates to distinguish

ratings on the basis of aircraft category

(airplane, rotorcraft, glider, lighter-thanair, glider, and powered-lift).

Comments: AOPA opposes the change

from the current ground instructor

certificates (basic, advanced, and

instrument) to the proposed ratings.

FAA Response: After further review,

the FAA has decided to retain the

current ground instructor ratings. The

FAA found that operational

requirements and accident/incident data

do not establish sufficient safety

justification for the increased regulatory

and economic burden.

Section 61.7 Obsolete certificates and

ratings.

In Notice No. 95–11, the FAA

proposed to revise § 61.7 by adding a

new paragraph (c) that would list five

certificates and ratings that were

proposed to be eliminated. However, the

FAA has decided not to adopt separate

classes of airplane instrument ratings,

separate the glider category into a

powered or nonpowered class rating, or

establish new ground instructor ratings,

because there is insufficient safety

justification for the increased regulatory

and economic burden. No substantive

comments were received regarding this

section, and except for the above

changes, the final rule is adopted as

proposed.

Section 61.9 [Reserved.]

In Notice No. 95–11, the FAA

proposed that this section be titled

‘‘Written syllabus for conducting

training.’’ The FAA also proposed to

require that training under part 61 for

any airman certificate be conducted

according to a written syllabus. Under

the proposal, instructors were

responsible for ensuring that the

syllabus contained all knowledge areas

and areas of operation appropriate to the

certificate and rating sought, and that

the student completed all applicable

lessons prior to receiving any

endorsements. A copy of the syllabus

was required to be furnished to the

student, and an itemized written record

of training also was required to be

provided whenever a student completed

the curriculum or terminated training.

Comments: NAFI recognizes the

benefits of a written syllabus, but

opposes the proposal because of the

associated recordkeeping requirements

and enforcement potential. NAFI states

that the recordkeeping requirements are

onerous, and the time limits for the

retention of these records are not

specified. According to NAFI, the

proposal would make instructors liable

for enforcement action and litigation in

the event a training syllabus is lost.

NAFI believes that the PTS is a

sufficient guide to ensure coverage of

training requirements.

NATA states that the proposed

written syllabus requirement is a good

concept, but the commenter also

opposes the proposal because of the

recordkeeping requirements. NATA

recommends that the references in

proposed § 61.9(a) (1) and (2) to

providing total training or lesson time

schedules to a student pilot be omitted

in order to lessen the pressures on

students and instructors to complete

training within a time frame. To ensure

the use of a written syllabus, NATA

proposes that student pilots be required

to submit the written syllabus to the

designated examiner during the

practical test.

AOPA agrees in principle that most

flight training should be organized into

a format that ensures each student is

taught the necessary aeronautical skills.

The commenter, however, opposes the

proposed written syllabus requirement

and the associated recordkeeping and

transfer requirements. According to

AOPA, the FAA does not provide any

justification for the burdens of the

proposal. The commenter is also

concerned about the liability

implications of proposed §§ 61.9(a)(1)

and 61.9(c) for flight instructors.

According to AOPA, the proposals may

create a de facto contractual relationship

between the instructor and the student

to provide flight or ground instruction

in a specific amount of time. AOPA

points out that each student is different,

and these differences may not be

apparent at the beginning of a syllabus

curriculum. The commenter believes

that it would be better to provide the

prospective student with a copy of the

PTS for the certificate or rating sought

and to familiarize the student with the

standards to which he or she will be

expected to perform.

AOPA also opposes the recordkeeping

requirements of this provision. The

commenter states that proposed § 61.9(f)

creates strict liability compliance on the

part of the instructor by requiring the

instructor to provide the student with

an itemized written record of the

training accomplished when the student

decides to terminate training. AOPA

notes that the student is not obligated to

give notice of his or her decision to

terminate training to the instructor.

AOPA believes that the current required

logbook entries are sufficient

documentation and that no further

regulation is necessary. According to the

commenter, the recordkeeping

requirements also represent a significant

addition of time and costs to training

without any increase in safety.

HAI comments that the proposed

written syllabus requirement is a good

concept, but that it will create

difficulties for both flight instructors

and flight schools because of the

training time constraints and

recordkeeping requirements, especially

because there are many part-time and

occasional students with special

requirements. HAI recommends deleting

any references to the instructor

providing total training or lesson time to

a student pilot.

SSA opposes the proposed written

syllabus requirement in its current form.

SSA contends that glider instruction is

unique in that it is virtually impossible

to follow a written syllabus. Glider

instructors cannot predict the training

time of each flight, the length of total

training time, the maneuvers and

procedures that will maximize each

training session, or the knowledge areas

that will be covered on each flight

because of weather constraints and

scheduling realities. SSA also states that

glider school operators feel it is

unreasonable to present students with a

complete package prior to beginning

training because many students do not

progress past the first flight.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16241

GAMA supports requiring flight

instructors to use a written syllabus for

pilot training. GAMA comments that,

while the recordkeeping requirements

may appear somewhat burdensome, the

benefits to safety outweigh the

administrative burden. According to

GAMA, a written syllabus would

improve communication between the

student and instructor, and it would

contribute to a higher quality of

training. The commenter also believes

that the syllabus could prove useful to

accident investigators and other safety

personnel in understanding a pilot’s

training background. GAMA notes,

however, that the training records

should not be used for enforcement

purposes.

Several individual commenters also

cite concerns about burdensome

recordkeeping, and one states that the

PTS are sufficient to follow. One

commenter suggests that the FAA

publish an AC on the issue rather than

adopting a regulation. One commenter

states that the proposed requirement for

the syllabus to contain planned training

times for lessons are impossible to

determine for all students; another adds

that specifying planned training times

could be misconstrued as a written

contract. Comments supporting the

proposal state it would cut down on

unprepared instructors and would

promote an organized, logical approach

toward meeting certification and rating

requirements. One commenter supports

the proposal for use of a written

syllabus, but opposes the associated

recordkeeping requirements as

unnecessarily burdensome. On a related

issue, another commenter stated that the

current requirement for flight

instructors to retain records for 3 years

is unnecessary.

FAA Response: After further review of

the proposal, the FAA has concluded

that operational requirements and the

accident/incident data do not establish

a sufficient safety justification for the

increased regulatory and economic

burden resulting from the proposed

rule. Therefore, the proposal has been

withdrawn.

Section 61.11 Expired pilot certificates

and reissuance.

Minor editorial and format changes

were proposed for this section. No

substantive comments were received,

and the final rule is adopted is

proposed.

Section 61.13 Issuance of airmen

certificates, ratings, and authorizations.

In Notice No. 95–11, the FAA

proposed to replace the title of § 61.13,

‘‘Application and qualification,’’ with

‘‘Awarding of airman certificates,

ratings, and authorizations,’’ and to

revise the format of this section.

The significant proposed changes in

this section were as follows: (1)

Replacement of the phrase ‘‘flight

proficiency requirements’’ with

‘‘approved areas of operation’’; (2)

deletion from this section of the rule’s

provision that permits the use of aircraft

for a practical test that cannot perform

all of the approved areas of operation for

that practical test because of limitations

listed in that aircraft’s type certificate;

and (3) clarification that a limitation

placed on a person’s airman certificate

may be removed if the pilot

demonstrates to an examiner

satisfactory proficiency in the area of

operation for which the airman

certificate and rating are sought.

For reasons of clarity, the final rule

changes the proposed section title word

‘‘awarding’’ to ‘‘issuance’’. Except for

these and other editing changes

applicable to Category III operations and

the use of approved flight simulators

and approved flight training devices, the

final rule is adopted as proposed. No

substantive comments were received.

Section 61.14 Refusal to submit to a

drug test.

In Notice No. 95–11, the FAA

inadvertently set forth the pre-March

1994 regulatory language contained in

§ 61.14.

Comments: In its comments, AOPA

opposes proposed § 61.14(b) because it

seems to allow certificate action against

any person who refuses to take a drug

or alcohol test, regardless of whether the

person is required under the rule to take

a test. While AOPA believes that the

intent of this rule is obvious, it is

uncomfortable with the removal of the

qualifying language and recommends

retaining the current language. NAFI

also comments about this proposed

section, and states that courts have

made determinations equating an

adulterated test sample with refusal to

take a test. NAFI is concerned that,

because test samples might be

adulterated in many ways other than by

the person taking the test, the wording

of the regulation might place pilots at

risk of a violation and certificate

revocation ‘‘for reasons beyond their

control.’’

FAA Response: As previously noted,

no modifications were intended for

§ 61.14. The final rule sets forth the

existing regulation in its correct form.

Section 61.15 Offenses involving

alcohol or drugs.

No modifications were proposed for

this section.

Section 61.16 Refusal to submit to an

alcohol test or to furnish test results.

In Notice No. 95–11, the FAA

proposed an editorial change to correct

the reference to § 91.11(c) in the existing

rule to § 91.17(c). The final rule is

adopted as proposed.

Section 61.17 Temporary certificate.

In the preamble to Notice No. 95–11,

the FAA proposed to revise this section

to include the ground instructor

certificate. Although the actual revision

to the rule language was omitted

inadvertently from the proposed rule,

the final rule includes the appropriate

references to the ground instructor

certificate. The proposed rule also made

some minor editorial changes. No

substantive comments were received on

this proposal, and it is adopted as

proposed.

Section 61.19 Duration of pilot and

instructor certificates.

In Notice No. 95–11, the significant

proposed changes in this section were:

a change in the title of proposed § 61.19

from ‘‘Duration of pilot and flight

instructor certificates’’ to ‘‘Duration of

pilot and instructor certificates’’;

deletion of the existing rule’s language

specifying that a flight instructor

certificate is only effective when

accompanied by a medical certificate

appropriate to the privileges being

exercised; inclusion of ground

instructor certificates under part 61; and

the addition of the language ‘‘or

otherwise terminated’’ to the list of

conditions under which a certificate

may be terminated.

Comments: AOPA supports the

inclusion of ground instructor

certificates without a specific expiration

date, but objects to, and requests the

deletion of, the language ‘‘or otherwise

terminated’’ in proposed § 61.19(f).

AOPA states that the law provides

protective procedures in the event of

suspension or revocation, and the

commenter is unaware of any method of

certificate termination other than the

methods specified in the existing rule.

Individual commenters also express

concern about the addition of the new

language.

FAA Response: After further review

and in response to the objections of

AOPA and some individual

commenters, the final rule deletes the

proposed language ‘‘or otherwise

terminated.’’ Except for this change, the

final rule is adopted as proposed.
16242 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 61.21 Duration of a Category II

and a Category III pilot authorization

(for other than part 121 and part 135

use).

The FAA proposed minor editorial

and format changes to § 61.21. No

substantive comments were received,

and, except for editorial changes to

include references to Category III

operations, the final rule is adopted as

proposed.

Section 61.23 Medical Certificates:

Requirement and duration.

The FAA proposed to change the title

of this section from ‘‘Duration of

medical certificates’’ to ‘‘Duration and

requirement for a medical certificate’’,

and to redesignate the paragraphs

within it.

Proposed paragraph (a) set forth the

duration of each class of medical

certificate, and proposed paragraph (b)

set forth the medical certificate

requirements for each type of pilot

operation. Proposed paragraph (b)(3)(iii)

clarified the existing requirement that a

person who is exercising the privileges

of his or her flight instructor certificate

while serving as a pilot in command, or

as a required crewmember, must hold a

third-class medical certificate. However,

if the flight instructor is not serving as

pilot in command or as a required

crewmember, then that person would

not be required to hold a medical

certificate. The FAA proposed in

paragraphs (b)(4)(i) and (b)(4)(ii) to

permit student pilots who are seeking a

recreational pilot certificate and

certificated recreational pilots to operate

on aircraft without holding a medical

certificate, provided they have an

application for an airman certificate on

file with the FAA that certifies they do

not have any known medical

deficiencies that would make them

unable to pilot the aircraft. The proposal

also afforded higher-certificated pilots

exercising the privileges of a

recreational pilot certificate these same

privileges.

The FAA also proposed editorial and

format changes to the paragraph

concerning the duration of medical

certificates.

Comments: NAFI supports the

proposal to permit flight instructors to

teach with only a third-class medical

certificate. NAFI and AOPA express

support for permitting flight instructors

to teach without a medical certificate if

the instructor is not acting as a required

crewmember or pilot in command.

AOPA, however, believes there is a

discrepancy that is potentially unfair.

The commenter points out that § 91.109

requires a safety pilot any time a civil

aircraft is operated in simulated

instrument flight, and, under these

circumstances, AOPA contends that the

safety pilot becomes a required

crewmember. According to AOPA, an

instructor becomes a required

crewmember as soon as a pilot receiving

instruction puts on a hood or other

vision-limiting device. Therefore, AOPA

reasons that a flight instructor who does

not possess a medical certificate cannot

give any form of instruction involving

flight by reference to instruments under

simulated instrument conditions. The

commenter recommends permitting an

instructor to act as a safety pilot without

a medical certificate.

GAMA, NATA, HAI, and AOPA

oppose the language of proposed § 61.23

concerning the duration of the different

classes of medical certificates, and

recommend retaining the current

language of the regulation. NATA

believes the proposed language is

unclear and could lead to

misinterpretations. Other individual

commenters have echoed this position

and state that, under the proposed

language, it appears that if a pilot’s firstclass medical certificate expires, the

pilot will not be able to exercise the

privileges of pilot certificates requiring

second-class and third-class medical

certificates.

FAA Response: In the final rule, the

title was changed to ‘‘Medical

Certificates: Requirement and duration,’’

and the section was further reformatted

and edited. The FAA reviewed AOPA’s

concerns regarding the ability of flight

instructors to act as safety pilots without

medical certificates. The FAA has

determined that safety requires all

required crewmembers, including safety

pilots, to possess valid medical

certificates.

The FAA agrees with the concerns of

GAMA, NATA, HAI, and AOPA

regarding problems in the proposed

language for the duration of medical

certificates and has modified the final

rule to restore the provisions of the

existing rule. The FAA has also retained

its proposal to require that an applicant

for a private, commercial, or ATP

certificate possess only a third-class

medical certificate; but after further

review, has determined that the medical

certificate requirements that were

proposed to be contained in the

eligibility requirements listed under

each pilot certificate subpart should be

placed in § 61.23. The purpose of this

change is to reflect the FAA’s position

that a medical certificate applies to the

type of pilot operation being conducted.

Most commenters support the FAA’s

proposal, which provides that

applicants would only need a thirdclass medical certificate to be eligible to

apply for a private, commercial, airline

transport pilot, or flight instructor

certificate. This change also was made

in § 61.39, but is discussed here. These

commenters feel that the proposal

would encourage pilots to seek

advanced training, even if they did not

intend to exercise the privileges of the

higher certificate. AOPA, GAMA, and

NAFI support permitting applicants for

a commercial or ATP certificate to hold

only a third-class medical certificate.

Like the other commenters, these

associations felt that the proposal would

encourage training toward advanced

certificates and would improve safety.

With respect to the holding of medical

certificates by a flight instructor, the

FAA has determined that the

compensation a certificated flight

instructor receives for flight instruction

is not compensation for piloting the

aircraft, but rather is compensation for

the instruction. A certificated flight

instructor who is acting as pilot in

command or as a required flight

crewmember and is receiving

compensation for his or her flight

instruction is only exercising the

privileges of a private pilot. A

certificated flight instructor who is

acting as pilot in command or as a

required flight crewmember and

receiving compensation for his or her

flight instruction is not carrying

passengers or property for compensation

or hire, nor is he or she, for

compensation or hire, acting as pilot in

command of an aircraft. Therefore,

because a certificated flight instructor

who is acting as pilot in command or as

a required flight crewmember and is

receiving compensation for his or her

flight instruction is exercising the

privileges of a private pilot, he or she

only needs to hold a third-class medical

certificate. In this same regard, the FAA

has determined that a certificated flight

instructor on board an aircraft for the

purpose of providing flight instruction,

who does not act as pilot in command

or function as a required flight

crewmember, is not performing or

exercising pilot privileges that would

require him or her to possess a valid

medical certificate under the FARs.

The changes implemented by the FAA

still require a person who is involved in

pilot operations requiring an ATP

certificate (i.e., part 121 air carrier

operations) to hold a first-class medical

certificate. In addition, a person who is

involved in pilot operations requiring a

commercial pilot certificate (i.e., part

135 on-demand operators) will be

required to hold a second-class medical

certificate.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16243

For reasons discussed in section IV,A

of this preamble, the final rule retains

the requirement that any pilot

exercising the privileges of a

recreational pilot certificate possess a

third-class medical certificate.

As a result of a legal interpretation

that permits applicants and check

airmen, under parts 121 and 135, to

perform the practical tests for a type

rating in a flight simulator without

either person holding a medical

certificate, the FAA has modified

§ 61.23 to permit applicants, examiners,

and check airmen to perform a practical

test or check without being required to

hold a medical certificate, provided that

the test or check is only being

conducted in a flight simulator or a

flight training device.

Section 61.25 Change of name.

In Notice No. 95–11, minor format

and editorial changes were proposed.

No substantive comments were

received. Except for a minor editorial

correction, the final rule was adopted as

proposed.

Section 61.27 Voluntary surrender or

exchange of certificates.

The FAA proposed to revise the

format of this section. No substantive

comments were received on this

proposal, and it is adopted as proposed.

Section 61.29 Replacement of a lost or

destroyed airman or medical certificate

or knowledge test report.

In Notice No. 95–11, the FAA

proposed to revise the title of this

section and delete some language

concerning the procedures for replacing

lost or destroyed airman or medical

certificates.

Section 61.29 (a), (b), and (c)

The FAA proposed to delete the

stated fee for replacement of a lost or

destroyed airman or medical certificate.

The proposal also established the

procedures for obtaining copies of lost

or destroyed airman and medical

certificates and knowledge test reports.

Comments: EAA and NAFI disagree

with proposed § 61.29 because it does

not state what the fee is for replacement

of a lost certificate. EAA believes that

requiring an airman to call the Airman

Certification Branch for fee information

is unreasonable. These commenters also

are concerned that the fee could be

raised without sufficient public

oversight. AOPA also opposes the

deletion of the fee information and

states that the rule contains no reference

to where fee information can be found.

The commenter contends that it is

impractical to use the mail for the

urgent replacement of an airman

certificate.

FAA Response: The cost for

replacement of a lost or destroyed

airman certificate, medical certificate, or

knowledge test report is contained in 14

CFR part 187. In response to

commenters’ concerns, the FAA notes

that any changes to part 187 would be

subject to public comment. The FAA

will accept a facsimile of the letter

requesting replacement of these

certificates or reports in urgent cases.

Section 61.29(d)

In the final rule, paragraph (d)(2) has

been revised to incorporate current

policy, which is not to accept a post

office box as part of a permanent

mailing address. Minor editorial

changes were also made in the final

rule.

Section 61.29(e)

Proposed paragraph (e) provided that

a person who has lost an airman

certificate, medical certificate, or

knowledge test report may obtain a

facsimile from the FAA confirming it

was issued. No changes were made to

this paragraph in the final rule.

Section 61.31 Type rating

requirements, additional training, and

authorization requirements.

The FAA proposed several new or

revised training and instructor

endorsement requirements, and deleted

the provision requiring a type rating in

helicopters for operations requiring an

ATP certificate. The proposed

requirements included changes in

endorsement requirements, special

aircraft training, aircraft type specific

training, and flight instructor

endorsements for any aircraft specified

by the Administrator.

Comments: Approximately 55

comments address issues of

endorsements, about 44 percent of

which oppose the proposals, 37 percent

agree, and 19 percent offer alternatives.

An individual commenter also suggests

an additional requirement for an

airplane pilot to have training and a

flight instructor endorsement to serve as

pilot in command in an amphibious

airplane.

FAA Response: The FAA has made

various clarifying changes to these

sections and modified terminology

because of changes implemented

elsewhere in the rule. The commenter’s

proposal for an additional requirement

for amphibious airplane pilots is outside

the scope of Notice No. 95–11 and

cannot be included in the rule without

comment under the standard regulatory

process. In addition, the FAA has added

a paragraph describing additional

training required for operating a glider.

The reasons for this action are discussed

in section IV, F.

Section 61.31(a) Type ratings required.

This paragraph listed those aircraft for

which a type rating is required and is

adopted without change. No substantive

comments were received.

Section 61.31(b) Authorization in lieu

of a type rating.

This paragraph listed the

circumstances under which a pilot may

be authorized to operate, for up to 60

days, an aircraft without holding the

appropriate type rating. The provisions

are adopted without change. No

substantive comments were received.

Section 61.31(c) Aircraft category,

class, and type ratings: Limitations on

the carriage of persons or operating for

compensation or hire.

This paragraph provided limitations

on the carriage of persons for

compensation or hire. The provisions

are adopted without change. No

substantive comments were received.

Section 61.31(d) Aircraft category,

class, and type ratings: Limitations on

operating an aircraft as the pilot in

command.

This paragraph provided limitations

on operating an aircraft as the pilot in

command.

Comments: AOPA opposes the

language in proposed § 61.31(d)(1),

which states that a pilot must be

‘‘enrolled in a course of training’’ for a

certificate or rating and be under the

supervision and endorsement of a flight

instructor in order to operate, as pilot in

command, an aircraft for which the

person does not hold category and class

privileges on his or her certificate.

AOPA believes that the use of the

language ‘‘enrolled in a course of

training implies that only a part 141 or

142 school would be able to provide this

authorization.’’ AOPA recommends

replacing this language with words that

recognize that the airman is ‘‘receiving

training’’ toward a certificate or rating.

An individual commenter also

questions how a person would enroll in

a course of training not associated with

part 141, as described in proposed

§ 61.31(d)(1). NAFI also makes the same

point and proposes that proposed

§ 61.31(d)(1) be changed to read ‘‘Be

under the supervision of a certified

flight instructor.’’

FAA Response: After considering

AOPA’s and NAFI’s comments, the FAA

has decided to change the references

from ‘‘enrolled in a course of training’’
16244 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

to ‘‘receiving training’’, which is more

generic and avoids the implication that

a pilot must receive training in an FAAcertificated school.

Section 61.31(e) Exceptions.

This paragraph was modified because

there is no longer a separation of

powered and nonpowered glider class

certificates as in the proposed rule, for

the reasons stated in section IV, F.

Therefore, gliders were added to the list

of aircraft that do not require class

ratings. Minor editorial changes were

also made to this paragraph in the final

rule.

Section 61.31 (f) and (g) Additional

training for operating complex

airplanes, and additional training for

operating high-performance airplanes.

The FAA proposed to separate

endorsements for high performance and

complex aircraft. Proposed § 61.31(g)

replaced the current requirement for a

pilot to receive training and an

endorsement in an airplane with ‘‘more

than 200 horsepower’’ to ‘‘200

horsepower or more’’.

Comments: Some commenters object

to the proposal in § 61.31 that would

separate the endorsements for the

operation of airplanes with retractable

landing gear, flaps, and a controllable

propeller, and airplanes with engines of

200 horsepower or more, and state that

pilots with the current endorsement

should be covered by a ‘‘grandfather’’

clause.

NATA and GAMA support the

proposed separation of endorsements

for complex and high-performance

aircraft but oppose the proposed

definition of ‘‘high performance.’’ EAA

and NAFI also object to the proposed

definition of ‘‘high performance’’ and

state that the inclusion of aircraft with

200 horsepower engines will add

considerable cost for thousands of

aircraft owners. These commenters

contend that there is no safety evidence

to support the proposed definition.

Some individual commenters also

suggest maintaining the regulatory

reference to engines of more than 200

horsepower.

In its comment, AOPA states that the

FAA has offered no justification for the

separate endorsements for complex and

high-performance aircraft, and the

commenter is unaware of any serious

accident history to support the proposal.

According to AOPA, the aircraft

insurance industry has effectively

regulated this area by requiring training

and instruction far in excess of that

proposed by the FAA. AOPA also

objects to the inclusion of aircraft with

200 horsepower engines in the

definition of high performance.

FAA Response: The FAA believes the

operating characteristics of complex

aircraft and high-performance aircraft

are so different as to justify separate

endorsements. There are now turbinepowered aircraft that are highperformance aircraft but that are not

considered complex aircraft. Also,

training in one type of aircraft does not

necessarily transfer to training in

another type of aircraft. However, the

FAA finds persuasive the commenters’’

objections to the proposed change in the

requirement of ‘‘200 horsepower or

more.’’ Therefore, the rule will only

require a separate endorsement for

airplanes with ‘‘more than 200

horsepower.’’

Section 61.31(h) Additional training

required for operating pressurized

aircraft capable of operating at high

altitudes.

The FAA proposed to require pilots to

receive additional training for operating

‘‘pressurized aircraft’’ because current

provisions only require pilots to receive

additional training in ‘‘pressurized

airplanes.’’ This proposal captures the

possible development of pressurized

aircraft that are not airplanes and may

be manufactured in the future.

Comments: AsMA urges an adoption

of a broader view of what encompasses

human factors, and suggests specific

areas to include in such training. AsMA

recommends that instructor pilots be

required to attend special human factors

seminars and that the FAA evaluate

these new training efforts. The

commenter also states that

§ 61.31(f)(1)(i) is too limited in scope

because it requires only those pilots

flying a pressurized airplane that has a

service ceiling or maximum operating

altitude, whichever is lower, above

25,000 feet MSL to complete aviation

physiology training. AsMA contends

that the physiological stresses of flight

can occur at lower altitudes, and other

environmental and operational stresses

can cause problems while flying at any

altitude. According to the commenter,

proposed § 61.31(h)(1) (ii) through (vii)

perpetuates these shortcomings and

takes an additional step in the wrong

direction by eliminating the last

sentence (‘‘and any other physiological

aspects of high-altitude flight’’) from the

existing rule. AsMA recommends

modifying existing § 61.31(f) to mandate

that all U.S. civil aviation pilots be

required to complete ground training on

basic aviation physiology.

GAMA supports requiring one-time,

high-altitude physiology and emergency

procedures training for a pilot in

command of any aircraft capable of

operating above 25,000 MSL. According

to GAMA, this training has already been

incorporated into many training

courses, therefore making it a formal

requirement that should not impose an

undue burden. GAMA, however,

recommends that the grandfather clause

exempting pilots who have flown as

pilot in command in a pressurized

aircraft be extended to the date of final

rulemaking instead of April 15, 1991, as

proposed.

FAA Response: After considering

AsMA’s comments, the FAA has

retained the phrase ‘‘and any other

physiological aspects of high altitude

flight’’ in the final rule. However,

GAMA’s comment addresses a clause

that was not modified in Notice No. 95–

11 and is beyond the scope of this

rulemaking. The proposal is adopted as

modified.

Section 61.31(i) Additional training

required by the aircraft’s type certificate.

The proposed paragraph required

additional training and a flight

instructor endorsement for a person to

serve as pilot in command of an aircraft

that the Administrator has determined

requires type specific training.

Comments: EAA and NAFI oppose the

proposed requirement for type-specific

training because the FAA has the ability

to require additional training for a

specific aircraft when the type

certificate for that aircraft is issued.

EAA states that training in aircraft that

have been in use for many years should

not be required.

AOPA also objects to the type-specific

training requirement on the grounds

that the proposal grants the

Administrator blanket authority to

require this additional training and

would permit the FAA to permanently

regulate airman certification by policy

without the benefit of public comment.

GAMA states that the proposed

requirement for type-specific training

will require an appropriate level of

training, determined on a model-bymodel basis, and will significantly

improve safety. The commenter

contends that a number of unfortunate

incidents and accidents have been

caused by the pilot’s lack of typespecific training in an aircraft that is

more ‘‘advanced’’ than the pilot has

previously flown. GAMA states that the

aircraft may not be so different that a

type rating is needed, yet a highperformance/complex endorsement may

be grossly inadequate, especially as new

aircraft designs are introduced.

A representative of the Texas

Department of Aviation supports the

proposal in § 61.31(i) for type-specific
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16245

training, but requests additional details

as to how such aircraft would be

identified, how the additional training

‘‘would be treated,’’ and who would be

qualified to give such training.

Several individual commenters also

oppose the type-specific training

proposal; two commenters state that the

provision is vague and vests too much

discretion with the Administrator.

FAA Response: It is the FAA’s

position that granting the Administrator

the authority to require type-specific

training, on any aircraft that the

Administrator deems appropriate,

provides the Administrator with the

minimum means necessary to rapidly

address safety concerns without the

delay incurred by rulemaking. The

intent of the rule is for the

Administrator to only exercise this

power in limited circumstances. Flight

characteristics of certain aircraft may

necessitate the rapid implementation of

additional training. Recent Piper Malibu

and Robinson R–22 accidents

demonstrate the need for this

requirement. When the Flight Standards

Board (FSB) meets, a notice to the

public is published in the Federal

Register, and the opportunity for public

comment is provided. The FAA believes

that this will permit the FAA to be more

responsive to patterns of accidents in

the future, and the proposal is adopted

with minor editorial changes.

Section 61.31(j) Additional training

required for operating tailwheel

airplanes.

This paragraph listed the additional

training required for operating tailwheel

airplanes. The proposed rule contained

formatting changes and has been

adopted with only minor editorial

changes. No substantive comments were

received.

Section 61.31(k) Additional training

required for operating a glider.

The FAA has added this paragraph

because the proposal to separate the

glider category into powered and

nonpowered class ratings as proposed in

Notice No. 95–11 has been withdrawn,

and additional endorsements required

for flying gliders have been adopted

instead. The reasons for this action are

discussed in section IV, F.

Section 61.33 Tests: General

procedure.

In Notice No. 95–11, a minor editorial

change was proposed to language of this

section.

Comments: AOPA objects to the

proposed § 61.33 provision that the

Administrator shall designate the time,

location, and examiner for conducting

tests. AOPA believes that this subtle

language change implies that the FAA is

going to assign applicants for knowledge

and practical tests to a specific

examiner. AOPA recommends retention

of the current language even if this is

not the intent of the change because the

new language is subject to this

interpretation. HAI and individual

commenters echo AOPA’s concerns.

FAA Response: The proposed change

replaced the phrase ‘‘persons,

designated by the Administrator’’ with

the word ‘‘examiners.’’ FAA notes the

commenters’’ concerns and has retained

the existing rule’s language in the final

rule.

Section 61.35 Knowledge test:

Prerequisites and passing grades.

In Notice No. 95–11, § 61.35 was

retitled to read ‘‘Knowledge test:

Prerequisites and passing grades,’’

instead of ‘‘Written test prerequisites

and passing grades.’’ The FAA proposed

that the term ‘‘written test’’ be replaced

with ‘‘knowledge test’’ to reflect

computer testing and to be consistent

with FAA policy, as discussed in the

analysis of § 61.1(b)(11).

Proposed paragraph (a)(1) set forth a

requirement that an applicant receive an

endorsement certifying the completion

of ground training or a home study

course on the aeronautical knowledge

requirements for each certificate or

rating, and that the applicant is

prepared for the knowledge test. An

applicant would no longer be able to

present evidence of completion of a

home study course for review by an

FAA Flight Standards District Office

(FSDO) as a basis of eligibility to take

the knowledge test. This practice is a

role more properly filled by ground or

flight instructors. Home study would

continue to be acceptable; however, the

instructor rather than the FSDO would

review completion of the home study

course.

In proposed paragraph (a)(2), the

current requirements for the

presentation of personal identification

found in FAA Order 8700.1, ‘‘General

Aviation Operations Inspector’s

Handbook,’’ were included and

clarified. These identification

procedures were established in response

to the Drug Enforcement Assistance Act

of 1988 (Pub. L. 100–690, November 18,

1988). The proposal required an

applicant to present identification

consisting of the applicant’s

photograph, signature, and date of birth

showing that the applicant meets or will

meet the age requirements for the

certificate sought before the expiration

date of the knowledge test report. The

proposal would also require an

applicant to present identification

containing his or her actual residential

address, if different from the applicant’s

mailing address. Acceptable types of

identification include, but are not

limited to, a driver’s license, a

government identification card, a

passport, or other forms of identification

that meet these personal identification

criteria. The photograph of the applicant

would be reproduced on the airman

identity card portion of the airman

certificate.

The FAA also proposed that

applications for ATP certificates and

ratings be included in § 61.35. In the

existing rule, § 61.35 did not apply to

the written test for an ATP certificate or

a rating associated with that certificate.

The passing requirements for a written

test for an ATP certificate or a rating

associated with that certificate were

found in the existing § 61.167. Existing

§ 61.167 stated that an applicant for an

ATP certificate or rating must pass the

test with a 70 percent minimum passing

grade.

Comments: NAFI, NATA, and AOPA

oppose the proposal to require that an

applicant receive an endorsement from

an instructor certifying that the

applicant is prepared for the knowledge

test. The commenters state that the fee

is sufficient incentive for a student to

prepare for the test. HAI also objects to

this requirement and notes that students

commencing ground school before their

flight training may not yet have

logbooks, or might lose their logbooks

and then be unable to find the instructor

who provided the endorsement. NATA

contends that computer testing has

lifted the administrative burden of test

scoring from the FAA. AOPA also

opposes the proposal to remove the

minimum passing grade for a knowledge

test from the regulations. AOPA believes

that this information should be a matter

of public record. The commenter is

concerned that the FAA could revise the

passing grade requirements without

issuing an NPRM and soliciting public

comment.

GAMA states that the FAA should

eliminate the requirement for an

endorsement to take a knowledge test.

According to GAMA, the FAA’s

proposal fails to consider the high

quality of training materials offered

today, most of which provide a means

for the home study applicant to

complete practice tests at home before

taking the FAA knowledge test. In spite

of this, GAMA feels that an instructor

may feel reluctant to provide an

applicant with an endorsement based on

a one-time meeting. GAMA contends

that if home study is permitted, an

applicant should be allowed to test
16246 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

when he or she feels ready. The

commenter believes that the testing fee

will act as the deterrent to premature

testing.

One individual commenter who

agrees with the proposal to require an

instructor endorsement for the

knowledge test suggests that § 61.35

state that the instructor must certify that

the student is competent to take the test,

so that the instructor can charge for the

service. Another commenter opposes

this proposal.

FAA Response: In the general

discussion of the preamble, the FAA

inadvertently stated that a ‘‘logbook’’

endorsement was required for a

knowledge test. The rule, however, did

not include this provision and it was

not the FAA’s intent to require a

‘‘logbook’’ endorsement. The FAA notes

the commenters’ objections to the

requirement for an endorsement as a

prerequisite to the knowledge test.

However, the current rule requires an

applicant to show satisfactory

completion of the required ground

instructor or home study course. This is

accomplished through the use of an

endorsement. The FAA has repeatedly

held that this requirement is necessary

to ensure a high quality of training, and

the final rule is adopted as proposed

with minor editorial changes.

Section 61.37 Knowledge tests:

Cheating or other unauthorized conduct.

In Notice No. 95–11, the FAA

proposed that the phrase ‘‘Except as

authorized by the Administrator’’ be

deleted from this section. Current

paragraph (a)(4) was inadvertently

deleted from the proposed rule and has

been included in the final rule. Minor

editing and formatting changes were

also proposed. No substantive

comments were received, and the final

rule is adopted as proposed.

Section 61.39 Prerequisites for

practical tests.

In proposed § 61.39, the FAA replaced

the words ‘‘flight test’’ and ‘‘oral test’’

with the words ‘‘practical test’’. The

words ‘‘written test’’ were replaced with

‘‘knowledge test’’. These proposed

changes were consistent with the

changes discussed in § 61.1,

‘‘Applicability and Definitions.’’ The

FAA also proposed to clarify the

eligibility prerequisites for practical

tests.

Section 61.39(a)

The FAA proposed to permit an

applicant to hold at least a third-class

medical certificate to be eligible for a

practical test and to clarify the age

requirement for an applicant for an ATP

certificate. The proposal also included

the current prerequisites for practical

test procedures found in FAA Order

8700.1. Comments relating to the thirdclass medical certificate requirement are

addressed in the discussion of § 61.23.

The FAA made minor editorial changes

to the final rule to reflect the use of the

term ‘‘authorized instructor.’’

Section 61.39 (b) and (c)

Proposed paragraphs (b) and (c)

revised and clarified the current

eligibility provisions for applicants for

ATP certificates and ratings. Minor

editorial changes were incorporated into

this paragraph of the final rule.

No substantive comments, other than

those addressing the third-class medical

certificate requirement, were received,

and the proposal is adopted with minor

editorial changes.

Section 61.39 (d) and (e).

Although not proposed in Notice No.

95–11, paragraphs (d) and (e) include

provisions relating to the completion of

all increments of the practical test that

were adopted in Amendment No. 61–

100.

Section 61.41 Flight training received

from flight instructors not certificated

by the FAA.

The FAA proposed minor editorial

changes to this section. The proposal

replaced the word ‘‘instruction’’ with

the word ‘‘training,’’ and, in proposed

paragraph (a), clarified that training

received from a flight instructor of an

Armed Force must have been obtained

in a program for training military pilots.

In proposed paragraph (b), the FAA

clarified that flight instructors not

certificated by the FAA are only

authorized to give endorsements to

show training given, but may not give

any of the endorsements required under

part 61 to take a written or practical test

for a pilot certificate or rating, or for the

exercise of a certificate privilege. No

substantive comments were received,

and apart from minor editing changes,

the final rule was adopted as proposed.

Section 61.43 Practical tests: General

procedures.

In Notice No. 95–11, the FAA

proposed to replace the term ‘‘flight

test’’ with ‘‘practical test’’, and the

phrase ‘‘maneuvers and procedures’’

was replaced with ‘‘approved areas of

operation’’. Applicants for ATP

certificates or ratings were to be

included in the rule by replacement of

the phrase ‘‘an applicant for a private or

commercial pilot certificate, or for an

aircraft or instrument rating on that

certificate’’ with ‘‘an applicant for a

certificate or rating, issued under this

part.’’ Additional changes were made to

the language in order to clarify and

simplify the section.

In proposed § 61.43(a), an applicant

for a practical test was required to:

perform the approved areas of operation

for the certificate or rating sought within

the approved standards; demonstrate

mastery of the aircraft with the

successful outcome of each task

performed never seriously in doubt;

demonstrate satisfactory proficiency and

competency; demonstrate sound

judgment; and demonstrate single-pilot

competence if the aircraft is type

certificated for single-pilot operations.

With regard to the demonstration of

single-pilot competence listed in

proposed paragraph (a)(5), most aircraft

that are type certificated for one pilot

are currently operated by one pilot.

However, some aircraft (e.g., the Cessna

Citation 501 and 551) are type

certificated for one pilot, but are

operated by either one- or two-pilot

crews. The FAA realized that some

pilots may desire to operate an aircraft

type certificated for one pilot with a

two-pilot crew. In this situation, the

applicant would have the option,

contained in proposed paragraph (b),

not to demonstrate single-pilot

competence, but a limitation would be

placed on the applicant’s airman

certificate that states a second in

command is required. This limitation

could later be removed if the pilot

demonstrates single-pilot competence.

This proposal was consistent with FAA

Order 8700.1 regarding aircraft that are

type certificated for one pilot, but

operated with one- and two-pilot crews.

The proposal did not change regulations

for applicants that apply for a certificate

or rating in aircraft that are usually

operated by one pilot. These applicants

currently are required to demonstrate

single-pilot competence during the

practical test.

In paragraph (e), the proposal codified

the procedures, which are currently

found in FAA Order 8700.1, that

address those situations under which an

examiner or applicant may discontinue

the practical test due to inclement

weather conditions, aircraft

airworthiness, or other flight safety

concerns.

Comments: AOPA supports proposed

§ 61.43(f)(1) permitting applicants

whose first test was discontinued for

any reason to credit those areas of

operation that were performed

satisfactorily to a rescheduled test if the

remainder of the practical test is

performed within 60 days.

FAA Response: The FAA notes

AOPA’s comment of support. Except for
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16247

minor editing changes, the final rule is

adopted as proposed.

Section 61.45 Practical tests: Required

aircraft and equipment.

In Notice No. 95–11, the FAA

proposed that § 61.45 be retitled to read

‘‘Practical tests: Required aircraft and

equipment’’ instead of ‘‘Flight tests:

Required aircraft and equipment’’. The

FAA also proposed to revise this section

by replacing the term ‘‘flight test’’ with

‘‘practical test’’ and ‘‘flight proficiency

requirements’’ with ‘‘approved areas of

operation’’.

Proposed paragraph (a)(1) permitted

the use of aircraft with a primary

airworthiness certificate to be used for

a flight test. This proposal corrects an

oversight that occurred during the

issuance of the Primary Aircraft Final

Rule (57 FR 41360; September 9, 1992).

In the ‘‘Supplementary Information’’

section (in the paragraphs entitled

‘‘Rental and Flight Instruction’’ and

‘‘Pilot Certification’’) of that final rule,

the FAA stated that the use of primary

aircraft are permitted to be used for

rental, flight instruction, and pilot

certification. However, the FAA did not

provide for their use in that rule.

The FAA notes that the proposal

excluded the use of ultralights and hang

gliders as acceptable aircraft for use in

practical tests. The use of ultralights and

hang gliders are unacceptable aircraft

for use in pilot certificate tests.

Ultralights are not required to meet the

airworthiness certification, pilot

certification, aircraft registration, or

aircraft marking requirements of the

other aircraft.

In paragraph (b), the FAA proposed to

exclude balloons from the current

requirement that an aircraft used for the

practical test have pilot seats. The

existing § 61.45 required that the aircraft

used for a flight test have ‘‘pilot seats

with adequate visibility for each pilot to

operate the aircraft safely.’’ Most

balloons do not have seats, and this

requirement was waived for balloon

practical tests.

In proposed paragraph (b)(3), the FAA

required that applicants for any

practical test, other than a practical test

in a balloon, perform the test in a twoplace aircraft. This would eliminate the

existing provision for an applicant for a

gyroplane class rating to accomplish the

practical test in a single-place

gyroplane. In the past, the FAA has

permitted examiners to observe the

practical test from the ground when the

aircraft was a single-place aircraft. Most

gyroplanes are single-place aircraft that

require examiners to monitor their use

in a practical test from the ground.

In paragraph (c)(3), the FAA proposed

to require that the required controls in

lighter-than-air aircraft used for a

practical test be easily reached and

operable in a normal manner by both

pilots. An examiner would be permitted

to waive the requirement; however, the

examiner would have to determine that

the lighter-than-air aircraft used for the

practical test could be operated safely.

Comments: EAA, NAFI, and AOPA

oppose proposed § 61.45(b)(3) requiring

that an aircraft have two pilot seats for

use in a practical test. NAFI and AOPA

comment that the proposed rule is

especially unfair to gyroplane

applicants who currently are examined

with the examiner observing on the

ground and communicating by radio.

AOPA disputes the FAA’s claim that

two-place gyroplanes are amply

available. AOPA, NAFI, and EAA,

however, approve of § 61.45(a)(1),

which provides that a practical test may

be taken in a primary category aircraft.

NAFI states this would lower costs

without reducing safety. AOPA states

that primary category aircraft can be

used in commercial flight operations.

FAA Response: After discussions with

many of the manufacturers of

gyroplanes, the FAA believes that there

are an adequate number of two-place

gyroplanes available to permit the FAA

to require that a practical test in a

gyroplane be taken in a two-place

aircraft. The FAA notes the concerns of

EAA, NAFI, and AOPA. The FAA

believes the importance of the practical

test makes it extremely necessary that

examiners be able to observe applicants

during the practical test. In addition, the

FAA replaced the words ‘‘pilot seats’’

with ‘‘pilot stations’’. Balloons have

pilot stations, and, therefore, this

change eliminates the need for an

exception to be specifically stated in the

rule. Except for these changes and other

editorial changes to include provisions

relating to the use of approved flight

simulators and approved flight training

devices, the final rule is adopted as

proposed.

Section 61.47 Status of an examiner

who is authorized by the Administrator

to conduct practical tests.

In Notice No. 95–11, the FAA

proposed to change the title of this

section. The proposal also contained

editorial and format revisions, including

proposed paragraph (b), which stated

that ‘‘The student is the pilot in

command of the aircraft during the

practical test unless the examiner or

another person has been so designated

before the flight.’’

Comments: AOPA opposes the change

in the language of § 61.47(b). The

commenter notes that the current rule

states that the examiner or inspector is

not the pilot in command. AOPA

contends that the proposed language

creates some ambiguity as to who is

pilot in command and notes this

ambiguity was addressed in the 1966

amendment to § 61.47, which adopted

the existing rule language. HAI suggests

modifying proposed § 61.47(b) by

replacing the word ‘‘student’’ with

‘‘applicant’’ because the individual

taking the test may have progressed

beyond the stage of student.

FAA Response: After reviewing

AOPA’s comment, the FAA has

concluded that the language in

proposed paragraph (b) is ambiguous

and should be withdrawn and replaced

with language equivalent to the existing

rule. The proposal is adopted with these

changes.

Section 61.49 Retesting after failure.

In Notice No. 95–11, the FAA

proposed to delete the requirement for

an applicant to wait 30 days before

reapplying for a written or practical test

following a second and subsequent

disapprovals, and, in lieu of the 30-day

waiting period, the applicant would be

required to receive an endorsement from

an authorized ground or flight

instructor, as appropriate. The FAA also

proposed to reformat this section.

Comments: ATA approves of the

proposal to delete the 30-day waiting

requirement. AOPA also supports

removal of this requirement from the

rule. AOPA believes that the

requirement caused unnecessary delays

in the certification process with no

benefit to safety or pilot proficiency.

FAA Response: The proposal is

adopted as proposed except for minor

editorial changes incorporated into the

final rule.

Section 61.51 Pilot logbooks.

In Notice No. 95–11, the FAA

proposed to revise and reorganize

§ 61.51, largely in response to numerous

requests for interpretation from the

public regarding various aspects of the

rules on logging flight time. The changes

were intended to clarify procedures as

well as to ensure consistency with other

changes to part 61.

A significant change proposed was

the elimination of the distinction

between the concept of acting as pilot in

command and the logging of pilot-incommand time. This represented a

fundamental change to a 30-year policy,

and although one intent was to

eliminate much confusion over the

proper logging and authority over a

flight, the change was directed toward

reestablishing the FAA’s original intent
16248 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

that pilot-in-command time should

require a pilot to have authority over the

flight, and that the pilot not merely be

manipulating the controls.

The FAA proposed two paragraphs in

Notice No. 95–11; § 61.51(e) ‘‘Two

people logging pilot-in-command time,’’

and § 61.51(f) ‘‘Student pilots logging

pilot-in-command time’’ which have

been eliminated from the final rule as

discussed below.

Proposed § 61.51(e) Two people

logging pilot-in-command time.

Proposed paragraph (e) was intended

to clarify that when a flight instructor

and a certificated pilot are on board an

aircraft at the same time, each may log

pilot in command flight time. It also was

intended to specify the requirements

that a flight instructor would need to

meet in order to log pilot in command

flight time. Although the existing

regulation also specified that a flight

instructor may log all flight time during

which the person acts as a flight

instructor as pilot-in-command time, the

proposed rule provided more detail

regarding the conditions under which

this could occur.

Comments: AOPA’s objection to the

elimination of the concept of ‘‘sole

manipulator of the controls’’ as a basis

for logging pilot-in-command time,

discussed below with respect to the

final rule’s paragraph (e), is also

referenced in this proposed paragraph.

AOPA and NAFI further disagree with

proposed § 61.51(e)(2)(i) because it

precludes the logging of instruction time

if it is not in a course of training for

issuance of a certificate or rating or to

obtain the recency of experience

requirements. NAFI believes that the

proposal penalizes CFIs who give

recurrency training or additional

instruction such as aircraft transition

training. AOPA states that the proposal

will provide a strong disincentive for

instructors to give the type of training

that most contributes to general aviation

safety. NBAA also states that the

language in proposed § 61.51(e)(2) (i)

and (ii) is too prohibitive and

recommends deleting the requirement

that instruction be ‘‘in a course of

training for the issuance of a certificate

or rating.’’ HAI recommends eliminating

all wording after ‘‘flight instructor’’ in

proposed § 61.51(e)(2)(i), as well as

corresponding changes to § 61.51(i), to

allow an instructor to log time spent as

pilot in command giving aircraft

checkouts and currency training.

Individual commenters also express the

view that the requirement in

§ 61.51(e)(2)(i) that the training be

toward a certificate or rating is too

restrictive.

NATA opposes proposed

§ 61.51(e)(2)(ii) and states that the

proposal will eliminate the ability of an

instrument student to log instrument

training time as pilot-in-command time.

This will place an undue financial

burden on the student and possibly

create a safety hazard if students logging

time for their commercial requirements

are forced to fly extra hours as pilot in

command. NATA does not believe this

was the FAA’s intent, and the

commenter recommends eliminating

this language. HAI echoes NATA’s

concern by stating that the proposed

rule effectively prohibits instrument

students from logging time spent under

IFR as pilot-in-command time, even

when the student is the sole

manipulator of controls, because the

proposed § 61.51(e)(2)(ii) requirement

for the student to be qualified in

accordance with the operating rule

would mean compliance with the

proposed § 61.3(e)(1). That rule would

dictate possession of an instrument

rating in that case. HAI therefore

recommends deletion of proposed

§ 61.51(e)(2)(ii).

AOPA expresses concern about

proposed § 61.51(e)(3), which requires

that aircraft used for flight training must

have dual functioning flight controls

and engine controls that can be reached

from either pilot station in order for

both the student and instructor to log

pilot-in-command time. The commenter

encourages the FAA to clarify which

engine controls must be accessible.

According to AOPA, there are many

cases when training is conducted in a

tandem seat aircraft where there are

throttles available to both airmen;

however, the mixture control and

magneto switch are only accessible from

the front seat. AOPA believes that both

student and instructor should be able to

log pilot-in-command time when

instruction is given in such an aircraft.

The commenter also states that the

proposal does not address the fact that

balloons do not have dual functioning

controls.

An individual commenter states that

the requirement in proposed

§ 61.51(e)(3) for dual functioning flight

controls contradicts § 91.109(a). Another

commenter requests clarification of

proposed § 61.51(e)(3) to specify which

engine controls must be reachable from

either pilot station when a pilot and

authorized flight instructor both log

pilot-in-command time. Echoing

AOPA’s concerns, the commenter points

out that for some tandem seat airplanes,

the mixture and ignition controls can

only be reached from the front seat.

Several individual commenters also

point out that it would be impossible for

balloons to comply with the dualcontrol requirement.

Several individual commenters object

to the proposed requirement that flight

instructors possess at least a third’class

medical certificate to log instruction

time, stating that for advanced

instruction this is unjustified.

FAA Response: After further review,

the FAA has determined that the

increased regulatory and economic

burden resulting from this proposal

does not sufficiently establish a safety

justification based on operational

requirements and accident/incident

data. Therefore, the proposed paragraph

has been eliminated from the final rule.

Proposed § 61.51(f) Student pilots

logging pilot-in-command time.

The FAA proposed to permit student

pilots who meet certain provisions to

log pilot in command flight time when

they: are the sole occupant of the

aircraft; have a supervised pilot in

command flight endorsement; and are

undergoing a course of training for a

pilot certificate or rating or are logging

pilot-in-command time toward a

certificate or rating.

Comments: HAI objects to the

wording of proposed § 61.51(f) because

it does not provide for students logging

pilot-in-command time beyond that

needed for experience requirements.

HAI asks for clarification as to how the

additional time would be logged. AOPA

finds the issue of supervised pilot-incommand time unclear with regard to

logging of flight time.

FAA Response: For the reasons

previously discussed, the FAA is not

adopting the proposal to establish

supervised pilot-in-command time.

However, the final rule still permits

student pilots to log solo time as pilotin-command time according to the

provision in § 61.51(e)(4) of the final

rule.

Section 61.51(a) Training time and

aeronautical experience.

The FAA proposed minor editorial

and format changes to this paragraph.

Comments: EAA and NAFI disagree

with the removal of the existing rule’s

phrase ‘‘The logging of other flight time

is not required’’ from proposed

§ 61.51(a), stating that the deletion may

impose a significant burden on the high

time and sport aviation pilot. The

commenters state that there is no safety

reason to require the logging of all flight

time, and the elimination of this

provision will only create more

enforcement actions against pilots.

FAA Response: The FAA notes the

concern of EAA and NAFI, but feels that

the existing phrase was redundant, and
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16249

that its deletion does not impose costs

or burdens on pilots. The rule was

revised to clarify what flight time is

required to be logged. Other flight time

can be logged at the pilot’s option, but

it is not required. The final rule is

adopted as proposed.

Section 61.51(b) Logbook entries.

The FAA proposed to delete the

reference to ‘‘solo time’’ because of the

proposed deletion of that term as

discussed in the analysis of § 61.1. The

FAA also proposed format changes to

the existing rule.

Comments: AOPA comments that

‘‘total time of flight’’ in proposed

§ 61.51(b)(1)(ii) is not defined in the

regulations, although it has historically

been taken as synonymous with the

existing and proposed definition of

‘‘flight time’’ in part 1, a term which

AOPA states is equated with ‘‘block

time’’ in most of the industry. AOPA is

concerned that, without such a

definition, the proposed rule’s use of the

term ‘‘in actual flight’’ confuses the

meaning of ‘‘total time of flight.’’

FAA Response: As discussed in the

analysis of § 61.1, the FAA has decided

to retain ‘‘solo time’’ in this paragraph

of the final rule. The FAA notes AOPA’s

concern, and has decided to use the less

ambiguous term ‘‘flight time’’ in the

final rule instead of the phrase ‘‘total

time of flight’’. The final rule also

deletes the language ‘‘and the certificate

number of the safety pilot’’, as

explained in the analysis of § 61.51(g),

and includes language pertaining to

logbook entries for flights conducted in

approved flight simulators and

approved flight training devices.

Section 61.51(c) Logging of pilot time.

In Notice No. 95–11, the FAA set forth

provisions regarding the use of pilot

time. No substantive comments were

received, and the final rule is adopted

as proposed.

Section 61.51(d) Logging of solo flight

time.

In Notice No. 95–11, the FAA

proposed to eliminate the term ‘‘solo

flight time’’ and replace it with the term

‘‘supervised pilot-in-command time’’ as

discussed in the analysis of § 61.1. The

existing rule’s provisions for logging

solo time were therefore also deleted in

the proposed rule.

Comments: AOPA states that no

provision exists in proposed § 61.51 for

logging supervised pilot-in-command

time, even though such time is proposed

to be required for both primary and

advanced certificates. HAI echoes these

concerns and asks whether dual pilotin-command time meets the supervised

pilot in command requirements. AOPA

states that the definition of supervised

pilot-in-command time is unclear, and

that introducing the term at the expense

of the existing concept of solo time

confuses rather than clarifies matters.

The commenter states that the change

from solo to supervised pilot in

command creates problems with respect

to numerous other proposed regulations.

Many individual commenters shared the

concerns of these associations.

FAA Response: The FAA notes the

concerns of AOPA, HAI, and other

commenters, and is not adopting the

new term ‘‘supervised pilot-incommand time’’ in the final rule.

Accordingly, the final rule adds

§ 61.51(d), ‘‘Logging of solo flight time,’’

which reiterates the provision of

existing § 61.51(c).

Section 61.51(e) Logging of pilot-incommand flight time.

In Notice No. 95–11, the FAA

clarified the procedures for logging pilot

in command flight time in proposed

§ 61.51 (d) and (e). The FAA specified

that, except when a flight instructor

provides flight training, only one person

may log pilot in command flight time.

This provision was intended to

eliminate confusion under the existing

rule, particularly regarding the

provision that permits any pilot to log

pilot-in-command time while acting as

pilot in command of an aircraft for

which more than one pilot is required.

The FAA proposed that the holder of a

pilot certificate may log pilot-incommand time only when that pilot: (1)

Has the final authority and

responsibility for the operation and

safety of the flight; (2) holds the

appropriate ratings; (3) has been

designated pilot in command before the

flight; and (4) the pilot-in-command

time occurred in actual flight conditions

and in an aircraft.

Comments: AOPA states that it finds

the most notable change to the rules for

logging pilot-in-command time to be the

elimination of the term ‘‘sole

manipulator of controls.’’ AOPA notes

that there is no longer a distinction

between the pilot operating the aircraft

and the pilot who has ultimate authority

over the flight (acting pilot in

command). The commenter urges

rethinking the entire pilot in command

issue. AOPA also expresses concern

about proposed § 61.51(d)(4), which

provides that pilot-in-command time

may only be logged when the flight time

‘‘occurs in actual flight conditions.’’ The

commenter notes that proposed

§ 61.51(b) provides that for purposes of

training time and aeronautical

experience toward a certificate or rating,

a person must enter the ‘‘total time of

flight,’’ which AOPA states has been

historically interpreted as the equivalent

of ‘‘flight time’’ as defined in part 1. Part

1 defines ‘‘flight time’’ as ‘‘the time

beginning when an aircraft moves under

its own power for purposes of flight and

ending when the aircraft comes to rest

after landing.’’ AOPA contends that the

difference between the two provisions

may require two separate logbook

entries after one flight: one entry for the

time the aircraft is in actual flight and

another entry for the ‘‘block’’ or Hobbs

meter time. NBAA joins with AOPA in

its concerns regarding use of the term

‘‘actual flight conditions’’ in proposed

§ 61.51(d)(4) as possibly prohibiting taxi

time from counting towards flight time.

NBAA states that this would discourage

learning opportunities during a phase of

flight that is critical to safety, especially

for avoidance of runway incursions.

HAI echoes these concerns, requesting

the alignment of the definition of flight

time in proposed § 61.51(d)(4) with the

definition in § 1.1. HAI also

recommends a provision to cover a rated

pilot operating solo, such as an

additional paragraph in § 61.51(d).

FAA Response: After further review,

the FAA has decided not to adopt the

proposal to change the provisions for

the logging of pilot-in-command time.

The FAA has determined that the

increased regulatory and economic

burden resulting from this proposal is

not sufficiently supported by a safety

justification based on operational

requirements and accident/incident

data. However, the FAA would like to

take this opportunity to clarify the

proper logging of pilot-in-command

time for recreational, private, and

commercial pilots. The FAA

acknowledges there has been confusion

in the past regarding the logging of

pilot-in-command time by these pilots

and that inconsistent policy opinions

have been issued by the FAA. The FAA

has determined that clarity is necessary

to preserve the value of pilot-incommand time. In light of the

inconsistent policy opinions issued by

the FAA, however, this clarification is

meant to be prospective and not to

require pilots to ‘‘revisit’’ past logging.

The FAA’s position regarding the proper

logging of pilot-in-command time for a

recreational, private, or commercial

pilot applicable after the effective date

of this final rule is set forth in this

response.

There are only three ways for a

recreational, private, or commercial

pilot to properly log pilot-in-command

time in accordance with section § 61.51.

These pilots may properly log pilot-incommand time: (1) When the pilot is the
16250 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

sole manipulator of the controls of an

aircraft for which the pilot is rated; (2)

when the pilot is the sole occupant of

the aircraft; or (3) except for recreational

pilots, when the pilot is acting as pilot

in command of an aircraft for which

more than one pilot is required under

the type certification of the aircraft or

the regulations under which the flight is

conducted.

As noted in Notice No. 95–11, there

has been a distinction between acting as

pilot in command and logging of pilotin-command time. ‘‘Pilot in command,’’

as defined in part 1, ‘‘means the pilot

responsible for the operation and safety

of an aircraft during flight time.’’

Section 61.51 is a flight-time logging

regulation under which: (1) pilot-incommand time may be logged by

someone who is not actually the pilot in

command as defined in part 1 (e.g.,

when the pilot is the sole manipulator

of the controls of an aircraft for which

the pilot is rated but is not the pilot in

command as defined in part 1); and (2)

pilot-in-command time may not be

logged by someone who is the actual

pilot in command as defined in part 1

(e.g., when the pilot acting as pilot in

command of an aircraft on which more

than one pilot is not required under the

type certification of the aircraft or the

regulations under which the flight is

conducted is not the sole manipulator of

the controls of the aircraft, and the pilot

who is the sole manipulator of the

controls is logging that time as pilot-incommand time).

Two recreational, private, or

commercial pilots may not

simultaneously log pilot in command

flight time when one pilot is acting as

pilot in command as defined in part 1,

and the other pilot is the sole

manipulator of the controls, unless the

aircraft type certification or the

regulations under which the flight is

conducted require more than one pilot.

In contrast, an ATP may log all flight

time as pilot-in-command time when

that pilot is acting as the pilot in

command as defined in part 1 during an

operation requiring an ATP certificate

regardless of who is manipulating the

controls of the aircraft. This distinction

between the concept of acting as pilot in

command and the logging of pilot-incommand time will continue in this

final rule.

The FAA also notes the concern of

AOPA and NBAA regarding the wording

‘‘actual flight conditions’’ in proposed

§ 61.51(d), redesignated as § 61.51(e) in

the final rule, and has deleted the

objectionable language. The FAA notes

that the Amendment No. 61–100 did not

include a provision to permit a student

pilot to log pilot-in-command time

when that student is the sole occupant

of the aircraft. Section 61.51(e)(4)

includes such a provision.

Section 61.51(f) Logging second-incommand flight time.

The FAA proposed to require a pilot

who logs second-in-command flight

time to meet the requirements of

§ 61.55.

Comments: AOPA expresses concern

that changes to other regulations made

this requirement onerous with respect to

safety pilots. Several individual

commenters echo AOPA’s concerns.

FAA Response: The FAA addressed

concerns to this rule by modifying

proposed § 61.55 in the final rule, as

discussed below, and therefore no major

changes were necessary to this

paragraph. The FAA has added the

phrase ‘‘the regulations under which the

flight has been conducted’’ in paragraph

(f)(2) to permit, for example, safety

pilots complying with § 91.109 to be

allowed to log second in command time.

Section 61.51(g) Logging instrument

flight time.

The FAA proposed to clarify the

information required for the logging of

instrument experience to meet the

instrument currency requirements. The

proposal did not significantly alter the

current requirements regarding the

logging of instrument time. However,

the proposal stated that if a safety pilot

is required, the name and pilot

certificate number of the safety pilot,

and the location and kind of each

completed instrument approach must be

recorded. The existing rule did not

require the recording of the safety pilot’s

certificate number in the logbook of the

person logging instrument flight time.

Comments: Some individual

commenters disagree with the proposed

requirement that the certificate number

as well as the name of the safety pilot

be logged, stating that this would not

improve safety. Commenters note that

the certificate number is often the pilot’s

social security number, which many

would hesitate to disclose every time

they act as a safety pilot.

FAA Response: The FAA notes the

privacy concerns of individual

commenters and has therefore deleted

the proposed language ‘‘and pilot

certificate number’’ from the final rule.

The final rule also includes language

relating to the use of approved flight

simulators and approved flight training

devices.

Section 61.51(h) Logging training time.

The FAA proposed specific

requirements for a pilot to log training

time toward a certificate, rating, or flight

review. The proposal required that the

instructor be properly authorized to give

the training, and that the information

recorded include a description of the

training given, the length of the lesson,

and the instructor’s signature, certificate

number, and certificate expiration date.

Comments: AOPA objects to the

proposed language apparently

restricting the logging of training time

solely to ground or flight instruction

time leading toward a certificate, rating,

or currency requirements. HAI joins in

opposition to this proposal because it

does not include provisions for pilots

receiving dual training in a simulator or

flight training device unless the training

is for the purpose of meeting experience

requirements. AOPA also asks for

clarification as to whether the ‘‘training

time’’ logged is to be ‘‘flight time’’ as

defined in part 1, or time in ‘‘actual

flight.’’

FAA Response: The FAA notes the

concerns of AOPA and HAI, and

therefore has deleted the proposed

language ‘‘for the purpose of obtaining

a certificate, rating, or recency of

experience requirements, of this part’’

from the final rule. AOPA’s concern

regarding the confusion between ‘‘flight

time’’ and ‘‘actual flight’’ was addressed

through the elimination of the wording

‘‘actual flight’’ elsewhere in paragraph

(b) of this section, as previously

discussed.

Section 61.51(i) Presentation of

required documents.

In the proposal, the FAA set forth the

documents a person would have to

present, in addition to the logbook,

upon the request of an authorized

official. These documents included the

person’s pilot certificate, medical

certificate, or any other record required

under part 61. The proposal added

Federal law enforcement officials to the

list of officials to whom a pilot must

present his or her records if requested.

The proposal also set forth the

documents student and recreational

pilots must carry.

Comments: AOPA expresses concern

about the deletion of the word

‘‘reasonable’’ from this proposal. Citing

the constitutional protection against

unreasonable search and seizure, the

commenter states that this could lead to

abuse by law enforcement officials.

AOPA questions the addition of

‘‘Federal’’ law enforcement officials to

the list of officials to whom a logbook

must be presented as well as the

inclusion of pilot and medical

certificates in this proposed rule. AOPA

further contends that the inspection of

such certificates is adequately addressed

in existing § 61.3(h) and proposed
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16251

§ 61.3(l). Individual commenters oppose

this proposed provision permitting

inspection by the FAA, the NTSB, or

law enforcement officers. HAI objects to

the requirement in proposed

§ 61.51(j)(2)(i) that a student pilot must

carry his or her logbook to exercise the

privileges of his or her certificate.

Individual commenters object to the

requirement that recreational pilots

carry logbooks for flight at night and in

airspace in which communications are

required.

FAA Response: The proposal

inadvertently deleted the word

‘‘reasonable’’ before ‘‘request.’’ In the

final rule, the phrase ‘‘reasonable

request’’ has been retained. The FAA

has noted HAI’s concern, but is not

persuaded that student pilots should be

exempt from carrying logbooks on all

flights. However, in partial response to

HAI’s concern, as well as that of

individual commenters, the FAA has

decided to delete the proposed logbookcarrying requirements for recreational

pilots, except for flights of more than 50

nautical miles from the point of

departure. In addition, the FAA has

changed the heading of this paragraph

for clarity, because a student is required

to present more than a logbook. The

FAA notes that this requirement is

contained in the existing rule. Except

for these changes, the final rule is

adopted as proposed.

Other § 61.51 issues.

The issue of logging safety pilot time

did not directly affect any particular

paragraph of § 61.51 and is discussed

here.

Comments: AOPA feels that proposed

§ 61.51, in combination with other

proposed changes, fails to provide for

the logging of safety pilot time.

According to the commenter, when a

safety pilot also functions as the

designated pilot in command, the pilot

actually flying the aircraft is not

permitted to log pilot-in-command time,

nor can the pilot log second in

command time since he or she is not a

required flight crewmember. It is

unclear to the commenter how tasks

such as instrument approaches

conducted for proficiency can be logged.

It also appears to AOPA that the only

provision for a safety pilot to log flight

time is as second in command under

§ 61.51(g)(2). The commenter is

concerned that a safety pilot acting as a

required crewmember in simulated

instrument conditions could possibly be

subject to the second in command

training and recurrency requirements in

§ 61.55(d). An individual commenter

echoes AOPA’s concern, stating that

proposed § 61.51 fails to address if,

when, or how a safety pilot may log

flight time.

FAA Response: The FAA did not

intend to prevent safety pilots from

logging second in command time or to

require them to comply with the

requirements of proposed § 61.55. The

FAA has noted the concerns of AOPA

and others, and has modified

§ 61.51(f)(2) of the final rule to permit

safety pilots to log second in command

time.

Section 61.53 Operations during

medical deficiency.

The FAA proposed to divide this

section into two paragraphs. Proposed

paragraph (a) applied to operations that

require pilots to hold medical

certificates issued under part 67.

Proposed paragraph (b) applied to

operations in which pilots are not

required to hold a medical certificate,

was developed primarily in response to

EAA’s petition to permit a pilot without

a medical certificate to exercise the

privileges of a recreational pilot

certificate. Proposed paragraph (b) also

applied to glider and balloon

operations. The FAA also proposed

language specifying that a pilot may not

act as pilot in command or as a required

flight crewmember while taking

medication or receiving other treatment

for a medical condition that would

make the person unable to meet the

medical requirements for the certificate

held or to operate an aircraft in a safe

manner, as appropriate.

Comments: EAA, AOPA, and NAFI

object to the proposed language of

§ 61.53(a)(1) and (b)(1), which states that

a pilot may not act as pilot in command,

or as a required crewmember, if that

person ‘‘has reason to know of any

medical condition that would make the

person unable to meet the requirement

for the medical certification held.’’

These commenters believe that the new

standard is very subjective and may

produce unnecessary enforcement

actions. AOPA states that the language

effectively holds an airman to a

negligence standard concerning the

exercise of the privileges of an airman

certificate. NATA joins in the concerns

expressed by the other commenters

regarding this language and states that it

should be changed to reflect ‘‘definitive

knowledge’’ or eliminated from the rule.

GAMA finds this language ambiguous

and recommends it be clearly defined or

deleted.

FAA Response: After consideration of

the comments, the FAA has determined

that the disputed language, ‘‘knows or

has reason to know’’ is necessary to

ensure that pilots seriously evaluate

their health prior to operating an

aircraft. The FAA does not believe that

the disputed language imposes an

additional burden on pilots because

§ 61.53 already requires pilots to

evaluate their health prior to each flight.

The proposed language merely clarifies

this existing requirement. The FAA

acknowledges that the language is

subjective and is relying on pilots to use

reasonable judgment. After further

review, the FAA has determined that for

operations that do not require a medical

certificate, the language referring to

medication or treatment would

effectively establish standards for selfevaluation. Therefore, this language has

been deleted for operations that do not

require a medical certificate. The FAA

has decided to retain the two-paragraph

format of the proposed rule because it

clarifies a pilot’s responsibilities for

medical self’evaluation, regardless of

whether or not a pilot is required to

hold a medical certificate.

The proposal is adopted with minor

editorial changes and the changes noted

above.

Section 61.55 Second-in-command

qualifications.

This proposal was intended to clarify

the requirements under § 61.55 for

pilots serving as second in command of

an aircraft that requires more than one

pilot.

Comments: ALPA supports the

second in command training

requirements of proposed § 61.55.

GAMA comments that the addition of

flight deck management training is a

very positive change. GAMA believes,

however, that the desired level of

structure and standardization can best

be achieved by requiring that the § 61.55

authorization be approached with the

same level of control as provided in

§§ 61.58 and 61.157. According to

GAMA, second in command training

should be conducted with an approved

syllabus by authorized instructors using

established standards of performance.

AOPA is concerned that safety pilots

acting as required crewmembers in

simulated instrument conditions may be

subject to the second in command

requirements. The commenter notes that

proposed § 61.55(b) provides that no

person may act as second in command

in ‘‘operations requiring a second in

command’’ unless that person meets the

second in command training and

recurrency requirements. AOPA

contends that § 91.109 makes a safety

pilot a required crewmember in

simulated instrument conditions. AOPA

states that ‘‘under the proposal the

safety pilot may not log pilot-incommand time but that person is

required for the operation; therefore the
16252 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

safety pilot must be second in

command.’’ AOPA does not believe that

a safety pilot should be subject to the

second in command qualification

requirements and, therefore,

recommends that the safety pilot be

added to the list in § 61.55 for whom the

training requirements of § 61.55(b) do

not apply.

FAA Response: After consideration of

the comments, the FAA has determined

that the proposed second in command

training requirements should be

adopted with the addition of paragraph

(d)(4) to except a person designated as

a safety pilot as required by § 91.109(b).

The final rule also incorporates other

editorial changes and provisions

permitting the use of approved flight

simulators and approved flight training

devices to meet the requirements of this

section.

Section 61.56 Flight review.

The FAA did not propose any changes

to this section in Notice No. 95–11.

Comments: NAFI recommends

modifying proposed § 61.56(f) to except

flight instructors who have given 10 or

more flight reviews or have

recommended 10 or more students for

flight tests from the required flight

review requirement.

AOPA comments that the current and

proposed language of this section is

confusing and should be reworded,

using the instrument currency

requirements as an example.

NAFI suggests that a flight review

should not be required for pilots who fly

only single-seat aircraft (gyroplanes, for

example), because finding a training

aircraft and an instructor might be

difficult or impossible.

Another commenter opposes the

current and proposed language in

paragraph (b), which requires a glider

pilot who substitutes three instructional

flights in lieu of the 1 hour of flight

instruction provided for in paragraph (a)

to perform 360-degree turns during each

of the flights. The commenter states that

the requirement for 360-degree turns

causes instructors to limit the types of

maneuvers conducted during the

review.

FAA Response: As adopted in

Amendment No. 61–100, this section

includes provisions for the use of

approved flight simulators and

approved flight training devices. The

FAA notes that Amendment No. 61–100

omitted the provision permitting a pilot

to complete a phase of an FAAsponsored pilot proficiency award

program (i.e., Wings Program) in lieu of

accomplishing a flight review. Such a

provision is included in paragraph (e).

In response to the comment

concerning the performance of 360-

degree turns, the FAA has modified the

language in paragraph (b) to permit

three instructional flights in a glider,

each of which requires flight to traffic

pattern altitude, in lieu of the 1 hour of

flight training required in paragraph (a).

This modification should provide

instructors with greater flexibility

during the conduct of a flight review for

glider pilots. The FAA expects that each

instructional flight to traffic pattern

altitude will consist of a launch, climb,

level off, turns, descent, and landing to

ensure that the pilot can demonstrate

proficiency in each phase of flight.

Section 61.57 Recent flight experience:

Pilot-in-command.

Section 61.57(a) General experience.

The FAA proposed to require pilots to

make at least three takeoffs and three

landings to a full stop within the

preceding 90 days to meet the recent

flight experience requirements of this

section. The FAA also proposed that

these takeoffs and landings involve

flight in the traffic pattern at the

recommended traffic pattern altitude for

the airport. For the reasons discussed in

section IV,B, the proposal for full-stop

landings and the requirement for flight

in the traffic pattern at the

recommended traffic pattern altitude

have not been adopted in the final rule.

The existing requirement for full-stop

landings in a tailwheel airplane is

retained, as well as the recently enacted

provisions relating to the use of

approved flight simulators and

approved flight training devices.

Section 61.57(b) Night takeoff and

landing experience.

In Notice No. 95–11, the FAA

proposed to delete the reference to the

term ‘‘night’’ from this paragraph.

Comments: AOPA objects to the

elimination of the definition of ‘‘night’’

from this section of the regulations

because most airmen do not have access

to the ‘‘Aeronautical Almanac’’

referenced in the part 1 definition of

‘‘night.’’

FAA Response: Upon consideration of

this comment, the FAA retained the

language of the existing rule.

Section 61.57(c) Recent instrument

experience.

The FAA proposed to revise the

requirements for recent instrument

experience to include six instrument

approaches, holding procedures,

intercepting and tracking VOR radials

and NDB bearings, recovery from

unusual flight attitudes, and flight by

reference to instruments. Under the

proposal, these maneuvers were not

required to be performed under actual

or simulated instrument flight

conditions. The proposal also

eliminated the requirement for a pilot to

log 6 hours of instrument time under

actual or simulated flight conditions to

meet recent instrument experience

requirements. In paragraph (c)(3), the

FAA proposed to revise the provisions

regarding recent instrument experience

for glider pilots.

Comments: According to GAMA,

instrument currency in a multiengine

airplane should be accepted for

instrument currency in a single-engine

aircraft, but not the converse. NBAA

proposes 12-month currency

requirements because most business

aircraft operators currently conduct

their simulator refresher training on an

annual basis. AOPA states that the

proposed language is unclear

concerning the requirement that if a

glider pilot carries passengers, the pilot

must have at least 3 hours of instrument

time in gliders. The commenter

recommends retaining the language of

the current rule.

FAA Response: As discussed in

section IV,B, the FAA has decided to

retain the existing requirement that

recent instrument experience be

performed in actual or simulated

conditions, and withdraw the proposed

requirements for recovery from unusual

flight attitudes, and the intercepting and

tracking of VOR radials and NBD

bearings. In lieu of the latter

requirement, § 61.57(c)(1)(iii) is

modified to require a pilot to intercept

and track courses through the use of

navigation systems. The FAA modified

§ 61.57(c)(1) to require instrument

experience ‘‘under actual or simulated

instrument conditions either in flight

appropriate to the category of aircraft for

the instrument privileges sought or in

an approved flight simulator or flight

training device that is representative of

the aircraft category for the instrument

privileges sought. * * *’’ The FAA

notes that GAMA’s comment would

impose an additional economic burden

on pilots, and would therefore continue

to require that flight time used to satisfy

instrument recency experience be in the

category but not the class of aircraft for

which instrument privileges are sought.

The FAA believes that the removal of

the proposed requirement to perform

and log recovery from unusual attitudes

should relieve the concern expressed by

NBAA since compliance with the

remaining requirements should be

achievable in normal flight operations.

In consideration of AOPA’s comment,

the FAA has clarified the language of

paragraph (c)(2) in the final rule. The
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16253

FAA also included in paragraph (c)(2)

the requirement that the instrument

experience be performed and logged

under actual or simulated instrument

conditions.

Section 61.57(d) Instrument

proficiency check.

The FAA proposed to clarify this

paragraph by requiring that the

instrument proficiency check include a

representative number of the tasks

required for original certification of an

instrument rating and by replacing the

term ‘‘instrument competency check’’

with ‘‘instrument proficiency check’’.

Comments: GAMA states that the

instrument proficiency check will be

better defined by the inclusion of the

tasks listed in § 61.57 (c)(1)(i) through

(c)(1)(v). NAFI, however, objects to the

requirement that the check consist of a

representative number of the tasks

required in the instrument rating

practical test. NAFI states that a

proficiency check should be restricted

to those items a pilot is likely to

encounter in his or her flying

environment.

Some individual commenters express

uncertainty regarding the change in

terminology from ‘‘instrument

competency check’’, in the current

regulation, to ‘‘instrument proficiency

check’’, as specified in the proposed

rule language. They point out that this

check is referred to as an ‘‘instrument

proficiency test’’ in the preamble. At

least one commenter advocates that

instrument-rated pilots should undergo

a ‘‘check’’ every 6 months.

FAA Response: After consideration of

the comments, the FAA has determined

that the requirement to perform a

representative number of tasks required

by the instrument rating practical test

will promote safety, and that a required

‘‘check’’ every 6 months, as proposed by

one commenter, would impose an

unwarranted economic burden on pilots

seeking to retain instrument privileges.

To maintain consistency in terminology

throughout the rule, the proposal to

change the term ‘‘instrument

competency check’’ to ‘‘instrument

proficiency check’’ is also adopted. In

addition, the FAA has modified the

language in paragraph (d) to reflect that

an instrument proficiency check need

only be accomplished in the category of

aircraft for which instrument privileges

are sought. Amendment No. 61–100

inadvertently required that this check be

accomplished in the class of aircraft for

which privileges are sought.

Section 61.57(e) Exceptions.

The FAA proposed to extend the

exception requirements for the general

and night recency experience

requirements of § 61.57 to pilots in

command in part 125 operations.

Comments: HAI questions why takeoff

and landing currency does not apply to

part 121, 125, or 135.

FAA Response: In response to HAI’s

query, § 61.57(e) excepts these pilots

because they are required to meet recent

experience requirements under

§§ 121.439, 125.285, and 135.247. In

Notice No. 95–11, the FAA

inadvertently omitted the references to

§§ 121.437, 121.439, 135.243, and

135.247 from this paragraph and has

therefore included them in the final

rule. In addition, the final rule modifies

paragraph (e)(1) to require explicitly

that pilots operating under the

exception for pilots employed by part

125 operators comply with §§ 125.281

and 125.285, because the FAA has

determined that pilot in command

qualifications and the recent experience

requirements under part 125 are

equivalent to the general and night

recency requirements under part 61.

The proposal is adopted with the

changes discussed above and minor

editorial changes.

Section 61.58 Pilot-in-command

proficiency check: Operation of aircraft

requiring more than one required pilot.

The FAA proposed minor editorial

and format modifications to this section

in Notice No. 95–11, including a

proposal to revise former § 61.58 (b)(3),

(c)(2), and (e) by eliminating references

to part 127, because no certificate

holders currently operate under part

127. Furthermore, the FAA proposed to

add part 125 operators to existing

§ 61.58 (b)(3), (c)(2), and (e) in reference

to persons conducting operations under

part 125. Part 125 operators were not

addressed in this section when the part

was initially established, therefore, the

FAA proposed to include part 125

pilots.

Additionally, the proposal required a

pilot seeking an aircraft type rating to

perform to ATP standards, which

codified the existing policy for FAA

pilot certification standards. The FAA

also proposed to remove the obsolete

reference to part 123 and part 127

operators.

The FAA has modified the final rule

so that § 61.58 is substantially

equivalent to the provisions set forth in

Amendment No. 61–100. No substantive

comments were received.

Section 61.59 Falsification,

reproduction, or alteration of

applications, certificates, logbooks,

reports, or records.

Minor editorial changes were

proposed to this section, and it is

adopted as proposed.

Section 61.60 Change of address.

The FAA proposed editorial and

format changes to this section. The FAA

also proposed to revise this section to

include ground instructor certificates.

Comments: AOPA objects to the

proposed language in this section that

provides that an airman may not

exercise the privileges of a certificate

unless he or she notifies the FAA of the

change within 30 days. AOPA believes

that the use of the word ‘‘unless’’ could

be interpreted to permanently prohibit

the exercise of privileges if the

notification was not made in 30 days.

The commenter also points out that

ground instructor certificates were not

included in the proposal.

FAA Response: The FAA did not

intend the interpretation suggested by

the commenter and does not believe that

the language reasonably would be

interpreted in this manner. Similar

language was used in the existing rule

without any such confusion. Although

the FAA acknowledges that the

reference to ground instructor

certificates was not specifically stated,

the term ‘‘airman certificate’’ includes

‘‘ground instructor certificate.’’

However, the final rule is modified by

replacing ‘‘Persons who hold an airman

certificate’’ with ‘‘The holder of a pilot,

flight instructor, or ground instructor

certificate’’ to avoid any possible

confusion. In addition, the reference to

‘‘new address’’ has been clarified to

incorporate current policy, which is to

not accept post office box numbers as

the permanent mailing address.

The proposal is adopted with the

above modification and minor editorial

changes.

Subpart B—Aircraft Ratings and Pilot

Authorizations

Section 61.61 Applicability.

The FAA proposed to delete the

words ‘‘or instructor’’ from this section

because the issuance of an additional

rating for a flight instructor certificate is

contained in subpart H of part 61.

No substantive comments addressing

this proposal were received. The FAA

deleted the reference to ‘‘special

purpose authorizations’’ from the final

rule and substituted the term ‘‘pilot

authorizations’’ because subpart B

applies to additional pilot

authorizations.
16254 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 61.63 Additional aircraft

ratings (other than airline transport

pilot.)

In Notice No. 95–11, the FAA

proposed to revise the title of this

section, reformat the section for clarity,

and revise the required aeronautical

experience and training requirements

for persons seeking an additional

category and class rating. The proposal

also clarified when an applicant would

be required to accomplish a knowledge

test. In addition, the FAA proposed to

restrict the issuance of a ‘‘VFR only’’

limitation for an aircraft type rating to

only those aircraft that cannot be used

to accomplish the practical test under

IFR because its type certificate makes

the aircraft incapable of operating under

IFR.

Comments: HAI states that proposed

§ 61.63(a)(1) seems to contradict

proposed § 61.63(a)(5), which states that

supervised pilot in command is not

required. The commenter asks whether

it is the FAA’s intention that no solo

time be required for an additional

category rating. HAI states that in such

a circumstance, a rated airplane pilot

transitioning to helicopters ‘‘would

never experience picking the aircraft up

with an empty seat.’’ HAI asks that

proposed § 61.63(a)(5) be deleted

because some solo time in a different

category or class aircraft should be

required.

FAA Response: The FAA agrees with

HAI’s position and has deleted

proposed § 61.63(a)(5) from the final

rule. In addition, the FAA has modified

the rule to ensure that pilots are

required to meet the aeronautical

experience requirements for the pilot

certificate and class rating sought. Also,

the FAA has included the provisions of

§ 61.64 adopted in Amendment No. 61–

100 in this section and added provisions

applicable to the use of a flight

simulator or flight training device to

obtain an additional rating in a

powered-lift. Section 61.64 has been

reserved.

Additionally, the FAA has corrected

an inadvertent omission in existing

§ 61.64 (h) and (i) by permitting a type

rating for a single station airplane to be

obtained in a multiseat version of that

airplane. The final rule also eliminates

an error noted in § 61.64 as adopted in

Amendment No. 61–100. The existing

rule incorrectly requires all applicants

for an additional category rating or class

rating to take a knowledge test.

Section 61.65 Instrument rating

requirements.

In Notice No. 95–11, the FAA

proposed revisions to § 61.65, including

changes to the specified aeronautical

knowledge areas, areas of operation,

aeronautical experience requirements,

and instrument training requirements.

Significant changes proposed included

elimination of the existing aeronautical

experience requirements of 125 hours

total time and 50 hours pilot in

command cross-country time; an

increase in the required instrument

training time received from an

instrument instructor to 40 hours

compared to 15 hours in the existing

rule; and the addition of new categoryand class-specific requirements for

airplanes, helicopters, and powered-lift.

The proposed changes, comments

received, and the FAA response to the

elimination of the existing 125-hour

total time and 50-hour pilot in

command cross-country time

requirements are discussed in greater

detail in section IV, E.

In the FAA proposal, the section was

organized by listing requirements in a

more concise format. The FAA believes

this will help the applicant and the

examiner know more readily which

requirements are to be met.

The FAA added a requirement in

proposed paragraph (a)(2) for applicants

to be able to write in the English

language, while deleting existing

provisions for the Administrator to

place a limitation on the certificates of

those unable to meet the English

language requirements.

In proposed paragraph (a)(4), the FAA

required an applicant to receive training

or complete a home-study program, and

receive an endorsement from a ground

or flight instructor certifying that the

applicant received training on the

required aeronautical knowledge areas

of this section that are appropriate to the

instrument rating sought. The paragraph

also specified that an applicant for a

practical test must receive an

endorsement from the flight instructor

who gave the applicant training

certifying that the applicant is prepared

for the practical test.

Proposed paragraph (a)(7) specified

that an applicant who completes an

instrument practical test in a

multiengine airplane and who holds an

airplane category and single-engine

class rating is considered to have met

the requirements for an instrument

rating in a single-engine airplane.

In the aeronautical knowledge

requirements of proposed paragraph (b)

added requirements included training in

windshear avoidance, aeronautical

decision making and judgment in the

aeronautical knowledge requirements,

and flight deck resource management, to

include crew communications and

coordination.

In proposed paragraph (c), the term

‘‘flight proficiency requirements’’ is

replaced with ‘‘areas of operation’’. The

new requirements included a change

from existing language for specific

training in the VOR, ADF, and ILS

systems to a more general requirement

for training in instrument approach

procedures.

In proposed paragraph (d)(1), the FAA

required 40 hours of instrument training

from an instrument instructor. Although

the existing rule required 40 hours of

simulated or actual instrument time,

only 15 hours of instrument flight

instruction from a CFII were required.

Proposed paragraph (d)(3) required that

5 hours of instrument training be

received in the appropriate category and

class, while paragraph (d)(4) required 3

hours of such class-specific training

within 60 days preceding the test. In

proposed paragraph (d)(5), the FAA

revised the 250-nautical-mile, crosscountry requirement of instrument

rating-airplane applicants. It was

specified that at least one leg, measured

as a straight-line distance, be greater

than 100 nautical miles between

airports, and that the cross-country be

conducted under IFR. However, the

proposal deleted the existing

requirement that this flight be

conducted under simulated or actual

instrument conditions, and specified

three different kinds of approaches be

conducted during the flight instead of

VOR, ADF, and ILS systems, as

provided for in the existing rule. Similar

changes were proposed in paragraph

(d)(6) for the instrument rating

helicopter requirements, in which the

required cross-country flight was 100

nautical miles with one segment of more

than 50 nautical miles. Paragraphs (d)(7)

and (d)(8) proposed similar

requirements, with specified distances

for airship and powered-lift instrument

ratings, respectively.

Comments: Citing § 61.65(a)(4)(iv),

HAI comments that the language

requiring an applicant to ‘‘have received

an endorsement from the instructor who

gave the training’’ occurs frequently and

could be interpreted to mean that all

training required for the rating must be

from one instructor. HAI states that this

could be a problem if an instructor

becomes unavailable during training.

AOPA expresses concern that, in

proposed paragraph (b), the FAA failed

to include its new aeronautical

knowledge area of planning for air

traffic delays. The commenter states that

this requirement was included

inappropriately for recreational and

private pilots, while instrument-rated

pilots are far more likely to encounter

air traffic delays.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16255

HAI objects to the requirement in

proposed § 61.65(d)(1) that 40 hours of

instrument training be obtained from a

CFII or instrument ground instructor.

The commenter states that currently

part of this training can be logged with

either a safety pilot or from a CFI.

NAFI opposes the proposed paragraph

(d) cross-country requirements,

especially the 100-nautical-mile leg

requirement. NAFI does not see a need

for this requirement and states that it

would preclude a cross-country of three

relatively equal legs. NAFI comments

that cross-country flight already would

have been demonstrated during private

pilot training. According to NAFI, it also

may be difficult to meet the requirement

for three different types of approaches,

as well as an instrument approach 100

nautical miles away, in some parts of

the country. AOPA also objects to the

100-nautical-mile leg requirement,

because it would limit training

flexibility. AOPA comments that most

learning during instrument training

results from entering and exiting the

terminal environment. An individual

commenter echoes AOPA’s concern.

NATA is in opposition to two aspects

of the proposed requirements for the

instrument rating long cross-country

flight. According to NATA, the

requirement in proposed § 61.65(d)(5)

that the flight be performed in a classspecific aircraft ‘‘poses an unnecessary

economic burden on the student, with

no benefit.’’ NATA also opposes the

elimination of any requirement for

specific types of approaches and states

that at least one precision approach

should be required.

AOPA states that the proposed

requirement for the instrument crosscountry flight to be conducted under

‘‘IFR’’ creates significant confusion

because the term ‘‘IFR’’ is not defined in

part 1 or part 61. AOPA interprets the

new language to require the flight to be

conducted under IMC or that a flight

plan be filed. The commenter states

that, under its interpretation of the

proposal, the flight instructor would

need to posses a medical certificate

since the instructor would have to be

pilot in command for purposes of filing

a flight plan. AOPA urges the retention

of the current language, which requires

the flight to be conducted under ‘‘actual

or simulated IFR conditions.’’

HAI states that training helicopters

such as the R–22 are not certificated for

flight in instrument conditions. The

commenter asks whether a helicopter

not certificated for flight in IMC can

legally be flown on an IFR flight plan,

and adds that, if the flight is done under

IFR, and VMC cannot be maintained,

then the pilot will need to cancel IFR

and reattempt to meet this requirement.

Additionally, several comments

oppose the proposal to eliminate the

requirement that the cross-country flight

be flown under actual or simulated

instrument conditions. One individual

commenter states that the visual

reference removes the need for

maintaining spatial orientation and a

consistent scan of the panel, and that

the requirement would reduce the flight

to just another VFR flight. Commenters

recommend a requirement for 2 to 5

flight-time hours in actual instrument

conditions.

In addition, commenters offer various

views on the use of flight simulators or

ground training devices, advocating

either less or more use of such

equipment during the instrument

training. GAMA comments that

simulators and flight training devices

provide much more effective training

than simply requiring the pilot to log a

certain amount of ‘‘unfocused’’ flight

time. GAMA, the FAA, and university

research, as well as the U.S. military,

have demonstrated that, with the proper

instruction, relatively low-time pilots

can readily learn instrument flying

skills. AOPA, NBAA, and several

individual commenters echo these

views and encourage the FAA to

expedite the integration of personal

computer-based flight training devices

for instrument training and proficiency.

FAA Response: The FAA

acknowledges HAI’s concern regarding

the language ‘‘the instructor who gave

that person the training’’ and therefore

has deleted the objectionable language.

The FAA has changed the language in

the recreational and private pilot

aeronautical knowledge area

requirements so that it now refers to

delays rather than specifically to ATC

delays. ATC delays concerning

instrument rated pilots are addressed in

§ 61.65(b)(3), which provides for

training in the air traffic control system

and procedures for instrument flight

operations. The FAA notes HAI’s

objection to proposed § 61.65(d)(1). The

change resulted in an inadvertent

increase in the amount of instrument

time that must be obtained from a CFII.

The FAA has noted this error and

corrected it in the final rule. The FAA

is adopting in the final rule the proposal

to eliminate the existing 125-hour total

time requirement, but is not eliminating

the 50-hour pilot in command crosscountry time requirement, as discussed

in section IV,E.

In response to NATA’s concerns

regarding class-specific aircraft

requirements within the proposed rule,

the FAA has withdrawn the proposed

class-specific instrument rating, with

the exception of the powered-lift

instrument rating, as explained in

section IV,F. NATA’s other objection

regarding the elimination of the

requirements for specific types of

approaches, including precision

approaches, is addressed in

§ 61.65(c)(6). The requirement for

specific types of approaches was deleted

from the aeronautical experience

requirements in § 61.65; precision

approaches are still covered in the PTS.

The objections of AOPA and NAFI to

the 100-mile leg requirement are noted,

and the FAA has decided to withdraw

the proposal and return to current

requirements. The FAA’s intent was to

clarify the regulation but, based on the

comments submitted, the provision

resulted in greater confusion and did

not provide the flexibility for pilots to

plan their cross-country flights

according to individual situations. In

addition, based on the above, the FAA

has decided to remove from the final

rule the 50-mile leg requirement for

helicopters. In response to AOPA’s and

HAI’s comment regarding the use of the

term ‘‘IFR,’’ it is the FAA’s intent to

require a person to file an instrument

flight plan and perform a flight under

IFR, although not necessarily under

IMC. Therefore, the FAA is going

forward with the proposal. The

objections raised by commenters

regarding the need for instrument

training in actual or simulated

conditions are not valid because the

definition of instrument training

includes a requirement for actual or

simulated conditions.

Addressing concerns raised

throughout the proposed regulations,

the final rule modifications to this

section also include the insertion of

language restoring the ability of the

Administrator to place operating

limitations on an applicant unable to

meet the English language requirements,

as discussed in section IV,G; and

deletion of provisions for the proposed

instrument airship rating, because that

rating was not adopted, as discussed in

section IV,D. Similarly, as discussed in

section IV,D, the FAA is not adopting

the proposal to separate the instrument

rating into single and multiengine

classes, the proposed paragraph giving

single-engine instrument privileges to

applicants who pass the instrument

rating practical test in multiengine

practical test is redundant and therefore

deleted.

The use of ground training devices

was addressed in Amendment No. 61–

100. These provisions are included in

the final rule.
16256 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Additionally, the final rule corrects

several errors noted in paragraph (g) of

the existing rule as adopted in

Amendment No. 61–100. Existing

paragraph (g)(1) erroneously contains

the word ‘‘any’’ prior to the phrase

‘‘category, class, and type aircraft that is

certificated for flight in instrument

conditions.’’ This incorrectly allows the

use of any category, class, and type of

aircraft during the practical test; e.g., the

use of a helicopter for an airplane

instrument rating practical test. Also,

that same paragraph in the existing rule

contains the phrase ‘‘that is certificated

for flight in instrument conditions.’’

That language unintentionally precludes

practical testing in some aircraft that

may not be certificated for flight into

instrument meteorological conditions,

but which may be operated under

instrument flight rules, provided the

flight is conducted in weather

conditions that meet the requirements

for flight under visual flight rules.

In response to a comment received

regarding Amendment No. 61–100,

requesting clarification on the use of a

flight simulator or flight training device

during the practical test, the FAA has

revised paragraph (a)(8) of the final rule

to provide for the use of a flight

simulator or a flight training device for

the conduct of a practical test if that

flight simulator or flight training device

is approved for the procedure

performed. The final rule also limits the

procedures which may be performed in

an approved flight training device to

one precision and one nonprecision

approach provided the flight training

device is approved.

The format of the final rule was

further changed to accommodate the

included modifications.

Section 61.67 Category II pilot

authorization requirements.

In Notice No. 95–11, the FAA noted

that this section was addressed in a

separate NPRM titled ‘‘Aircraft Flight

Simulator Use in Pilot Training, Testing,

and Checking at Training Centers,’’ that

was issued on July 15, 1992 (57 FR

35918; August 11, 1992). On July 2,

1996, the provisions contained in that

notice were issued as a final rule in

Amendment No. 61–100. The provisions

of § 61.67 set forth in that rule have also

been included in this final rule with

only minor editorial changes.

Section 61.68 Category III pilot

authorization requirements.

Although this section was not

included in Notice No. 95–11, its

provisions were adopted as part of

Amendment No. 61–100. The provisions

of § 61.68 have therefore been included

in this final rule with only minor

editorial changes.

Section 61.69 Glider towing:

Experience and training requirements.

In Notice No. 95–11, proposed § 61.69

was reformatted and revised. The FAA

proposed to revise the title of this

section to read, ‘‘Glider towing:

Experience and training requirements.’’

The title of the existing § 61.69 read

‘‘Glider towing: Experience and

instruction requirements.’’

The FAA proposed in paragraph (a) to

clarify the requirements for a pilot who

desires to act as a pilot in command of

an aircraft towing a glider. Proposed

paragraph (b) clarifies the requirements

for a pilot who accompanies that

person, specifying that the

accompanying pilot, not the applicant,

is required to have at least 10 flight

hours as a pilot in command of an

aircraft towing a flight.

The FAA also proposed to eliminate

the second alternative of existing

§ 61.69, which allowed for a person to

have made at least three flights as sole

manipulator of the controls of an aircraft

simulating glider towing flight

procedures and at least three flights as

pilot or observer in a glider being towed

by an aircraft in order to qualify as a

pilot in command of an aircraft towing

a glider. The FAA proposed to require

that to be eligible for glider towing, the

pilot must have specified experience

actually towing gliders under the

supervision of an experienced pilot.

Comments: SSA opposes the

elimination of the existing rule’s second

method for tow endorsement from

§ 61.69. The commenter states that the

elimination of this option would create

a severe limitation for commercial

operators and clubs that tow with

single-place towplanes. SSA contends

that the proposed rule would require

these operators to have available an

aircraft with two pilot seats and a tow

hitch to complete a checkout, or to hire

a multiplace towplane with a tow hitch

from another airport or operator. SSA

also believes that the wording of

proposed § 61.69(b)(3), which lists the

requirements an instructor must meet

prior to being authorized to endorse

another pilot for towing, is unclear.

AOPA, EAA, and NAFI support SSA’s

comments on glider towing. AOPA adds

that § 61.69 refers to towing with a

‘‘single-engine airplane,’’ ignoring that it

is possible for a multiengine airplane to

be used. NAFI echoes this last comment

by AOPA. An individual commenter

agreed with the objection to eliminating

the existing rule’s second option, citing

it as the only one available when the

towplane has a single seat, such as is the

case for the Piper PA–25 (Pawnee).

FAA Response: The FAA considered

the comments of AOPA, EAA, NAFI,

and SSA, which oppose the elimination

of the existing rule’s method for tow

endorsement (simulated tow). After

further review of the proposal, the FAA

has concluded that operational

requirements and accident/incident data

do not establish a safety justification

sufficient for the increased regulatory

and economic burden. Therefore, the

existing method has been reinstated.

Addressing AOPA’s concern that the

proposal’s use of the term ‘‘singleengine airplane’’ was too specific, the

FAA has replaced that term in the final

rule. The final rule requires the towing

pilot to be certificated in a powered

aircraft. The final rule revises the

proposed 100-hour pilot-in-command

time requirement to specify ‘‘category,

class, and type, if required’’ rather than

the proposed ‘‘single-engine airplanes.’’

Other references to ‘‘single-engine

airplane’’ were replaced by ‘‘aircraft.’’

The final rule also restores the recency

of experience requirements for glider

towing. The proposed rule inadvertently

deleted recency of experience

requirements for glider towing, although

it did include the requirements for the

pilots accompanying glider towing

trainees. These requirements have been

included in the final rule.

Section 61.71 Graduates of an

approved training program, other than

under this part: Special rules.

In Notice No. 95–11, the FAA

proposed to change the title of this

section. In addition, the FAA proposed

to permit the crediting of training

conducted under part 141- or part 142-

approved training programs, and the

issuance of an ATP certificate, type

rating, or both, to a person who has

satisfactorily accomplished an approved

training program and a pilot in

command proficiency check for that

aircraft type, in accordance with the

pilot in command requirements of

subparts N and O of part 121 of this

chapter. The proposal also deleted the

existing requirement for an applicant

seeking an instrument rating who

graduates from a pilot school

certificated under part 141 to hold a

commercial pilot certificate and a

second-class medical certificate, and the

requirement that graduates of pilot

schools with examining authority must

apply for a certificate or rating within 90

days.

Comments: AOPA opposes retention

of the current requirement in

§ 61.71(a)(1), which provides a 60-day

limitation on graduates from a part 141
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16257

or part 142 school to take a practical

flight test. The commenter encourages

the FAA to increase this period to 90

days to accommodate graduates of

university-based schools who may not

complete their phase checks until the

end of the semester and might have an

intervening period for travel or job

considerations before they can perform

the practical test.

FAA Response: In response to AOPA’s

recommendations, the FAA has found

that the 60-day requirement is adequate

and consequently § 61.71, as proposed,

is adopted with only minor editorial

changes.

Section 61.73 Military pilots or former

military pilots: Special rules.

The proposed changes in this section

clarified that military and former

military pilots would be required to

have graduated from a military pilot

training course or military pilot flight

school, and received official military

aeronautical orders before applying for

their commercial pilot certificate. In

Notice No. 95–11, the provision in

existing § 61.73(a) that permitted

military pilots to apply for a private

pilot certificate was deleted because,

historically, military pilots have not

chosen a private pilot certificate when

a commercial pilot certificate could be

issued without complying with any

further requirements. Also, existing

§ 61.73(g)(6) was deleted because

Tactical (Pink) Instrument cards were

last issued by the Army in 1971. In

addition, the content of existing

§ 61.73(d)(2) was moved to proposed

§ 61.73(d)(5), and the limitation for

‘‘VFR only’’ was deleted because, since

1972, all U.S. military pilot training

requires instrument qualification

training. The proposed rule also

included an administrative clarification

for elevating type ratings on the

superseded pilot certificate to the ATP

certificate level, and implemented

minor wording and structure changes.

Comments: One commenter states that

although military training surpasses part

61 requirements, pilots should not

receive authorization to fly

sophisticated piston-engine aircraft

without any previous experience with

controllable pitch-propeller aircraft.

FAA Response: In answer to the

commenter’s concern, the FAA already

requires additional training and an

endorsement to operate complex and

high-performance airplanes as provided

in § 61.31 of this chapter. To impose

additional requirements would be

beyond the scope of this rulemaking.

Therefore, this proposed section was

implemented with only minor clarifying

language changes.

Section 61.75 Private pilot certificate

issued on basis of a foreign pilot license.

In Notice No. 95–11, the FAA

proposed changes to § 61.75 regarding

issuance of a U.S. pilot certificate on the

basis of a foreign pilot license.

The title of proposed § 61.75 would be

changed from ‘‘Pilot certificate issued

on basis of a foreign pilot license’’ to

‘‘Private pilot certificate issued on basis

of a foreign pilot license.’’

The FAA proposed in paragraph (b) to

delete the existing provision that

permitted a pilot with a foreign

commercial, senior commercial, or ATP

license to apply for a U.S. commercial

pilot certificate. The FAA proposed to

permit those pilots to apply only for a

U.S. private pilot certificate, with

appropriate ratings. Proposed paragraph

(b)(4) added a provision that would

permit an applicant to use his or her

medical certificate issued by the country

that issued the foreign pilot license in

lieu of a medical certificate issued

under part 67.

In proposed paragraph (e), the FAA

deleted existing language that based

pilot privileges on those authorized by

the foreign pilot license, while adding a

provision in proposed paragraph (e)(2)

stating that a holder of a private pilot

certificate, issued under this section, is

limited to the privileges placed on that

certificate by the Administrator.

Proposed paragraph (e)(3) added a

provision stating that a holder of a

private pilot certificate, issued under

this section, is subject to the limitations

and restrictions on the person’s U.S.

certificate and foreign pilot license. A

provision was added in proposed

paragraph (e)(4) that restricts each

foreign pilot license holder from

exercising the privileges of his or her

U.S. pilot certificate while that holder’s

foreign license is under an order of

revocation or suspension.

Proposed paragraph (f) added a

provision that would require a pilot

with a foreign pilot license to submit a

transcription of that foreign pilot license

and that pilot’s medical certificate in the

English language, unless the licenses

and limitations are already in the

English language.

In proposed paragraph (g), the FAA

required an applicant for a U.S. pilot

certificate to read, speak, write, and

understand the English language. Also

deleted in this paragraph was existing

language specifically disallowing the

U.S. certificate issued under this section

to be used for agricultural operations. A

provision was added to this paragraph

that states that the U.S. private pilot

certificate, issued under this section, is

valid only when that person has a

foreign pilot license in his or her

personal possession or readily

accessible in the aircraft.

Comments: No substantive comment

was received. Therefore, specifically

with regard to this section, apart from

editing changes, the final rule is

adopted as proposed.

Section 61.77 Special purpose flight

authorization: Operation of U.S.-

registered civil aircraft leased by a

person who is not a U.S. citizen.

The FAA proposed to replace the

current special purpose pilot certificate

for foreign pilots of U.S.-registered

aircraft with a special purpose pilot

authorization. The FAA recognizes

‘‘authorizations’’ as equivalent to

certificates issued by the Administrator

under 49 U.S.C. § 44711(a)(2), formerly

the Federal Aviation Act of 1958, as

amended, to be issued by a Flight

Standards District Office (FSDO) under

§ 61.77. In addition, the FAA proposed

to clarify § 61.77 to align the ‘‘age 60’’

rule for pilots with the requirements of

part 121 for all U.S. and foreign pilots

who are 60 years of age or older, and

who are employed by foreign air carriers

that operate U.S.-registered civil aircraft

for compensation or hire in scheduled

international air services and

nonscheduled international air transport

operations.

Comments: AOPA, EAA, and NAFI

oppose § 61.77(b)(6) and (e)(4) because

the proposed age limitation represents

‘‘blatant age discrimination,’’ and they

believe that it is inappropriate to

include such provisions because the

matter is at issue in Congress and the

courts.

FAA Response: Notice No. 95–11

proposed to align the age 60 rule with

similar provisions in part 121. As

previously discussed in the analysis of

§ 61.3, part 121 was revised to include

certain commuter operations previously

addressed in part 135. Accordingly, the

FAA is amending the applicability of

the age limitation in § 61.77 to be

consistent with current part 121, as well

as with § 61.3(j). The FAA invites

comments on the inclusion of additional

aircraft operations under the age 60

limitation as set forth in § 61.77.

In the past, § 61.77 has applied only

to aircraft engaged in part 121

operations; therefore, the age 60

limitation applied to all holders of

certificates issued under § 61.77.

Because the applicability of § 61.77 is

now expanded to all civil aircraft, the

age 60 limitation will not apply to all

special purpose pilot authorizations,

and reaching the age of 60 will not

result in the expiration of the

authorization.
16258 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

As discussed in connection with

§ 61.3(j), the FAA is delaying

implementation of the age 60 limitation

for pilots of commuter aircraft that now

will be governed by part 121. A similar

delayed implementation is in § 61.77(g).

Subpart C—Student Pilots

The FAA proposed to establish

separate subparts for student pilots and

recreational pilots. In addition, the title

of subpart C was revised from ‘‘Student

and Recreational Pilots’’ to ‘‘Student

Pilots.’’ The final rule includes these

changes as proposed.

Section 61.81 Applicability.

The FAA proposed to delete the

reference to recreational pilot

certificates and ratings in this section,

which were included in proposed

subpart D. No substantive comments

were received, and the rule is adopted

as proposed.

Section 61.83 Eligibility requirements

for student pilots.

Proposed paragraph (c) added a

requirement that an applicant be able to

write in the English language. The

existing rule only required an applicant

to have the ability to read, speak, and

understand the English language. In

addition, the proposed rule applied to

all applicants, eliminating the existing

provision that permits applicants who

cannot read, speak, and understand the

English language to receive a certificate

with an operating limitation as deemed

necessary by the Administrator.

Proposed paragraphs (d) and (e)

included minor revisions to the medical

requirements for applicants who desire

a rating in a glider or a balloon.

Comments: AOPA and IDPA express

the same concerns previously discussed

regarding the deletion of the existing

language that permitted operating

limitations for those applicants unable

to read and speak the English language

due to medical conditions.

FAA Response: Upon reviewing the

concerns of AOPA, IDPA, and other

commenters, the FAA has restored

language permitting an operating

limitation for medical conditions. This

issue is discussed in section IV,G. In

addition, the FAA has placed the

references to medical requirements for

student pilots in § 61.23, as discussed in

the analysis of that section.

Section 61.85 Application.

In Notice No. 95–11, no substantive

changes were made to this section,

which would permit an applicant for a

student pilot certificate to submit a

certification that he or she has no

known medical defect that would make

him or her unable to pilot an aircraft. As

a result of the separation of the student

pilot certificate from the medical

certificate, all requirements that pertain

to the issuance of medical certificates

and the conduct of pilot operations

during any medical deficiency are

contained in §§ 61.23 and 61.53 of the

final rule. These requirements are

further explained in the analysis of

§§ 61.23 and 61.53.

Section 61.87 Solo requirements for

student pilots.

In Notice No. 95–11, the FAA

proposed to change the title of § 61.87

from ‘‘Solo flight requirements for

student pilots’’ to ‘‘Supervised pilot in

command requirements for student

pilots’’. Additionally, the term ‘‘solo’’

was replaced with ‘‘supervised pilot in

command’’ for reasons discussed in the

analysis of § 61.1.

This section was revised to include

separate supervised pilot in command

maneuvers and procedures for the

airplane single-engine rating, airplane

multiengine rating, rotorcraft helicopter

rating, rotorcraft gyroplane rating, glider

nonpowered rating, glider powered

rating, lighter-than-air airship rating,

lighter-than-air balloon rating, and

powered-lift rating. Comments

addressed various proposed

requirements within this section and are

discussed below. For reasons discussed

in the analysis of § 61.1, the FAA is

retaining the term ‘‘solo.’’ The proposed

term ‘‘supervised pilot in command’’ is

being replaced by the existing term

‘‘solo’’ throughout the final rule, where

appropriate. Additionally, the language

of the proposal has been modified for

clarity.

Section 61.87(a), General; and Section

61.87(b), Aeronautical knowledge.

Proposed paragraph (a) deleted the

existing definition of the term ‘‘solo

flight.’’ In paragraph (b), the FAA

proposed to replace the term ‘‘written

examination’’ with the term ‘‘test’’ to

permit the administration of the

required test in a format other than on

paper (e.g., computer response).

Comments: AOPA and NAFI oppose

the requirement in proposed § 61.87(b)

that a student take a written test prior

to engaging in supervised pilot in

command. The commenters state that

most instructors conduct this test

already, and many insurance companies

require flight schools to perform such

tests; codifying the provision needlessly

adds to an instructor’s burden and

exposure to enforcement action. AOPA

also comments that the FAA has not

presented any justification for the

proposed change. According to AOPA,

there is no indication that the proposal

will enhance safety. An individual

commenter proposes that the test should

not necessarily have to be administered

by the instructor, as long as the

instructor reviews the test results with

the student.

FAA Response: A definition of ‘‘solo

flight’’ similar to that of the existing rule

has been added to paragraph (a) of the

final rule. In this new definition, the

phrase ‘‘an airship’’ has been replaced

by ‘‘a gas balloon or an airship’’. In

paragraph (b), the first proposed

reference to the word ‘‘test’’ has been

replaced with ‘‘knowledge test’’, for

consistency with new FAA usage.

Regarding the existence of the test

requirement itself, the FAA notes the

concerns of AOPA and NAFI, but points

out that the requirement merely reflects

the existing rule. Therefore, this final

rule is adopted with the changes

discussed above.

Section 61.87(c), Pre-solo flight training.

The FAA proposed some minor

reformatting of existing requirements

but no substantive change to this

paragraph.

Comments: SSA recommends

modifying proposed § 61.87(c)(1) to

provide for supervised pilot in

command in single-place gliders.

According to SSA, it is very common to

solo a student in a two-place glider and,

when competent, in a single-place glider

of similar characteristics. SSA

comments that the existing and

proposed versions of § 61.87(c) limit

solo flights to aircraft with more than

one seat by using the phrase ‘‘in make

and model.’’ SSA states that Notice No.

95–11 proposes to give an instructor

authority to endorse a student for

supervised pilot in command in a

single-place glider, but the commenter

believes that the rule should be explicit

on this issue. SSA proposes the

following language: ‘‘For single-place

aircraft, the pre-supervised pilot in

command training must have been

received in an aircraft that has two pilot

seats and is of the same category, class,

and type, as appropriate, and the singleplace aircraft must have similar flight

characteristics to those of the aircraft

with two pilot seats.’’

FAA Response: The FAA has

modified § 61.87(c)(2) to permit a

student pilot to demonstrate flight

proficiency in a similar make and model

of aircraft to that in which the student

pilot will conduct solo flight. The FAA

notes that similar make and model

aircraft should be of a similar design,

with similar operating, performance,

flight, and handling characteristics. The
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16259

revision made by the FAA to the

proposal made in Notice No. 95–11 will

apply to all categories and classes of

aircraft. As examples, the proposed

revision will permit a student pilot to

receive flight training in a Schweizer 2–

33 and solo a Schweizer 1–26, or receive

flight training in a two-place gyroplane

but solo in a single-place version of that

same gyroplane, even though the singleplace version has a slightly smaller

powerplant. The FAA also notes that a

flight instructor must endorse a student

pilot for solo flight in the actual make

and model aircraft in which the student

pilot will conduct flight operations.

Except for this change the final rule is

adopted as proposed.

Section 61.87(d), Maneuvers and

procedures for pre-solo flight training in

a single-engine airplane; § 61.87(e),

Maneuvers and procedures for pre-solo

flight in a multiengine airplane; and

§ 61.87(f), Maneuvers and procedures

for pre-solo flight training in a

helicopter.

The FAA proposed to revise existing

requirements. It also proposed to use the

term ‘‘slow flight’’ in place of the

previously used term ‘‘minimum

controllable airspeed.’’ Details of the

maneuvers and procedures to be

performed by students would be

established through the appropriate

practical test standards. The

requirement for training on stall entries

and recoveries was inadvertently

omitted from proposed paragraph (d).

Comments: AOPA states that

proposed § 61.87 (d)(9) and (e)(9) could

hurt the long-term safety record of

general aviation because the

requirement for flight at minimum

controllable airspeed has been replaced

with ‘‘slow’’ flight. AOPA points to the

FAA’s definition of slow flight as 1.2

times the stall speed of the aircraft,

which is only marginally slower than

the standard approach speed of 1.3

times the stall speed. According to

AOPA, stall recognition and handling

characteristics of an aircraft at minimum

controllable airspeed constitutes

‘‘critical knowledge’’ for a student pilot

and should not be removed.

AOPA also states that the deletion of

requirements for pre-solo stall recovery

training is a mistake. Individual

commenters echo this view, stating that

this omission appeared to be

inadvertent.

HAI cites proposed § 61.87(d) and (f)

and asks whether these procedures for

supervised pilot in command training

are intended for solo practice. The

commenter believes that student pilots

should not perform emergency

procedures without an instructor in the

aircraft.

FAA Response: The existing

requirement for training on stall entries

and recoveries was inadvertently

omitted from the proposal. A

requirement for ‘‘stall entries from

various flight attitudes and power

combinations with recovery initiated at

the first indication of a stall, and

recovery from a full stall’’ has been

inserted into paragraphs (d) and (e) of

the final rule. AOPA’s concerns

regarding the deletion of flight at

minimum controllable airspeed were

reviewed, but the change of terminology

to ‘‘slow flight’’ was made to provide

the FAA with flexibility in determining

which specific tasks should be

performed in the area of operation. This

is issue discussed in section IV,H.

Moreover, the FAA has determined that

the stall training requirement of the

final rule ensures that the student

obtains the necessary practice in stall

recognition and handling

characteristics. HAI’s concerns also are

noted; however, this section’s

requirements are explicitly listed as presolo training, therefore, these maneuvers

would be conducted with an authorized

instructor. Except for these changes, the

final rule is adopted as proposed.

Section 61.87(g), Maneuvers and

procedures for pre-solo flight training in

a gyroplane; and § 61.87(h), Maneuvers

and procedures for pre-solo flight

training in a powered-lift.

In proposed paragraph (g), the FAA

deleted provisions for single-seat

gyroplanes for reasons discussed in the

analysis of § 61.45. Proposed paragraph

(h) established student pilot training for

the proposed powered-lift category

rating. For the same reasons discussed

in the response concerning the final

rule’s paragraphs (d), (e), and (f), a

requirement for flight training on stall

entries and recoveries was added to

paragraph (h). Except for the changes

discussed, the final rule is adopted as

proposed.

Section 61.87(i), Maneuvers and

procedures for pre-solo flight training in

a glider.

Proposed paragraphs (i) and (j)

established student pilot training for the

proposed nonpowered class ratings and

for the powered class ratings under the

glider category, respectively. No

substantive comment directly addressed

the proposed paragraph (i). As

discussed in section IV,F, the FAA is

not proceeding with the separation of

the glider category into nonpowered and

powered classes. Therefore, the final

rule consolidates the proposed separate

requirements for gliders into one

paragraph. The language of the final rule

makes provisions for powered gliders as

appropriate, without discussing them as

a separate class. Except for these

changes, the final rule is adopted as

proposed.

Section 61.87(j), Maneuvers and

procedures for pre-solo flight training in

an airship; and § 61.87(k), Maneuvers

and procedures for pre-solo flight

training in a balloon.

The FAA proposed minor editorial

and reformatting changes. No

substantive comments were received.

The references to ‘‘vents’’ and ‘‘deflation

valves’’ were added to paragraph (k) of

the final rule. Except for these changes,

the final rule is adopted as proposed.

Section 61.87(l), Limitations on student

pilots operating an aircraft in solo flight;

§ 61.87(m), Limitations on student pilots

operating an aircraft in solo flight at

night; and § 61.87(n), Limitations on

flight instructors authorizing solo flight.

The proposed paragraphs set forth the

limitations on the exercise of student

pilot flight privileges.

Comments: HAI objects to the

language regarding limitations on flight

instructors authorizing supervised pilot

in command flight. HAI interprets the

rule as requiring that training be

completed in the specific aircraft. HAI

states that the rule should not require

training in a specific aircraft, but merely

in the same make and model of aircraft

to be flown during supervised pilot in

command. The commenter also

contends that the rule can be interpreted

to mean that an instructor must be

physically present to authorize the

student pilot to perform each supervised

pilot in command flight. HAI

recommends modifying the rule to

allow supervised pilot in command

flight as long as all of the requirements

have previously been met and the

student’s pilot logbook is properly

endorsed.

AOPA opposes the proposed

requirement that an instructor who

authorizes supervised pilot in command

flight must endorse the student pilot’s

certificate every 90 days. AOPA states

that updating the endorsement would

require the issuance of additional

student pilot certificates simply to

accommodate recordkeeping functions.

The commenter contends that an

instructor should be able to keep the

student current by endorsing only the

logbook within the preceding 90 days.

One commenter echoed AOPA’s

objections.

FAA Response: The FAA agrees with

part of HAI’s concern over possible
16260 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

misinterpretation of the requirement

that training be conducted in a specific

aircraft, therefore, the language in the

final rule for the paragraph has been

changed from ‘‘in the aircraft’’ to ‘‘in the

make and model of aircraft’’.

Additionally, in accordance with the

revision made to § 61.87(c)(2) to permit

a student pilot to demonstrate flight

proficiency in a make and model of

aircraft similar to that in which the

student pilot will conduct solo flight,

the FAA has revised § 61.87(n)(1)(i) to

permit an instructor to authorize a

student pilot to perform a solo flight if

the instructor has given the student

pilot training in either ‘‘the make and

model of aircraft or a similar make and

model of aircraft in which the solo flight

is to be flown’’.

The FAA also concurs with AOPA’s

objection to the requirement that

certificates be endorsed every 90 days.

The final rule has therefore been revised

to only require additional 90-day solo

endorsements to be recorded in the

logbook. The paragraphs pertaining to

powered and nonpowered glider class

ratings have been restructured because

the FAA is not proposing separate

powered glider and nonpowered glider

ratings as discussed in section IV,F.

Except for these changes, the final rule

is adopted as proposed.

Section 61.89 General limitations.

The FAA proposed minor editorial

changes to this section in Notice No.

95–11. No substantive comments to this

section were received; the section is

adopted as proposed.

Section 61.93 Solo cross-country flight

requirements.

In Notice No. 95–11, the FAA

proposed to revise and reformat § 61.93.

In the proposal, the title was changed

from ‘‘Cross-country flight requirements

(for student and recreational pilots

seeking private pilot certification)’’ to

‘‘Supervised pilot in command crosscountry requirements for student

pilots’’. The FAA proposed to change

the term ‘‘solo’’ to ‘‘supervised pilot in

command’’ to reflect the proposed

deletion of the term ‘‘solo’’ as discussed

in the analysis of § 61.1.

The most significant change proposed

was the establishment of separate

supervised pilot in command crosscountry maneuvers and procedures for

the airplane single-engine rating,

airplane multiengine rating, rotorcraft

helicopter rating, rotorcraft gyroplane

rating, nonpowered glider rating,

powered glider rating, lighter-than-air

category airship rating, lighter-than-air

category balloon rating, and poweredlift rating.

In proposed paragraph (a), the FAA

deleted the existing provision that a

student pilot may land at an airport

other than the airport of takeoff, in an

emergency. This provision already

exists in § 91.3, ‘‘Responsibility and

authority of the pilot in command.’’

Proposed paragraph (b)(1) clarified

the language of the provision for

performing supervised pilot in

command flights to and from an airport

within 25 nautical miles of the airport

from which the flight originated.

Proposed paragraph (b)(2) clarified

the provision for performing repeated

supervised pilot in command crosscountry flights that are no more than 50

nautical miles.

Proposed paragraph (c) clarified

existing requirements for endorsements

on the student pilot’s certificate and in

the student pilot’s logbook. The

requirement for an endorsement on the

student pilot certificate would not apply

to a pilot with a pilot certificate who

seeks privileges in another aircraft

category, because a certificated pilot

would not hold a student pilot

certificate.

Provisions were added in proposed

paragraph (d) for the use of radios for

VFR navigation and two-way

communications, procedures for

diverting to alternate airports, and

windshear avoidance.

Comments: One commenter states that

the requirements of § 61.93(a)(1) for

supervised pilot in command crosscountry flight should be clarified for

balloon operations, which do not

originate at an airport and do not land

at the departure point.

HAI asks whether the cross-country

endorsement section of the student pilot

certificate will be revised to allow an

endorsement for aircraft make and

model as required in proposed

paragraph (c)(1), in light of the fact that

the current requirement is merely for an

endorsement of aircraft category. AOPA

also questions the make and model

specific requirement of paragraph (c)(1),

stating that an endorsement for category

alone should be sufficient, since the

proposed logbook endorsement of

paragraph (c)(2) would accommodate

the make and model endorsement.

According to AOPA, the proposal would

force the FAA to issue more student

certificates simply for recordkeeping

functions. HAI questions whether the

logbook endorsement in proposed

paragraph (c)(2) for supervised pilot in

command cross-country flight is

necessary in light of the requirement for

the certificate endorsement.

Individual commenters objecting to

both proposed paragraphs (c)(1) and

(c)(2) shared the associations’ views.

One instructor states that the ‘‘make and

model’’ requirement could be a

hardship if a flight school changed

equipment in the middle of a student’s

training, because the student would

have to repeat pre-solo maneuvers and

cross-country training. The commenter

requests retaining the existing rule’s

reference to aircraft ‘‘category’’ only.

Another commenter states that the

privilege of signing for another flight

instructor should be retained under

proposed § 61.93 (c)(2)(ii) and (c)(2)(iii).

Another commenter requests that

proposed § 61.93 contain more useful

guidance regarding what is required for

a glider pilot to make a cross-country

flight.

FAA Response: As discussed in the

analysis of § 61.1, the FAA has decided

not to adopt the term ‘‘supervised pilot

in command.’’ Regarding the comment

on the possible terminology problem in

paragraph (a) with respect to balloons,

the FAA points out that it has decided

to delete solo cross-country

requirements for balloons in the final

rule as discussed in the analysis of

§ 61.107. Upon reviewing the comments

of AOPA, HAI, and individuals

regarding cross-country endorsements,

the FAA has decided to replace the

words ‘‘make and model’’ with

‘‘category’’ in paragraph (c)(1) of the

final rule, while retaining them for

logbooks in paragraph (c)(2). The intent

of the change to the existing rule is to

clarify that a student must be properly

authorized to conduct not just all solo

flights, but also all solo cross-country

flights, in a specific make and model.

For reasons similar to those discussed

in the section-by-section analysis of

§ 61.87, the FAA also has modified

§ 61.93(a)(2)(iii) to permit the pre-solo

flight maneuvers and procedures

required by § 61.87 to be accomplished

in either the make and model of aircraft

or a similar make and model of aircraft

for which solo cross-country flight

privileges are sought. Except for these

changes, the final rule is adopted as

proposed.

Section 61.95 Operations in Class B

airspace and at airports located within

Class B airspace.

The FAA did not propose any

substantive changes to this section in

Notice No. 95–11. This section is

adopted as proposed with only minor

editorial changes for consistency with

other sections of this proposal.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16261

Subpart D—Recreational Pilots

Section 61.96 Applicability and

eligibility requirements: General.

The proposed section sets forth the

provisions that are applicable to

recreational pilot certificates and

ratings. The proposal added a new

§ 61.96a titled ‘‘Eligibility requirements:

General.’’ The proposal required

applicants to be able to write in the

English language and eliminated the

provision in the existing rule that

permitted applicants who could not

read, speak, or understand the English

language to receive a certificate with the

operating limitation deemed necessary

by the Administrator. The proposal also

deleted the requirement for recreational

pilots to hold a medical certificate. The

proposal required an applicant to

receive an endorsement from the ground

instructor or flight instructor who gave

the applicant training or reviewed the

applicant’s home-study course. This

endorsement would state that the

applicant was prepared for the

knowledge test.

Comments: Approximately 1,100

comments address the FAA’s proposals

regarding the recreational pilot

certificate. The overwhelming majority

of the commenters agree with the

proposal, many of them requesting

expeditious implementation of the final

rule with regard to the recreational pilot

provisions of Notice No. 95–11, without

necessarily waiting for other parts of the

proposal. Fewer than 20 commenters

disagree. Most of the commenters state

that the proposal will stimulate interest

in flying by making recreational flying

more affordable and by eliminating

paperwork. They also state that the

proposals will boost the general aviation

industry without adversely affecting

safety.

EAA and NAFI request that the FAA

expeditiously review comments on

Notice No. 95–11 and move to final rule

on the recreational pilot provisions. The

commenters note the success of the new

Canadian recreational pilot’s permit,

which they contend has increased

training activity and financially

benefited FBOs and flight instructors.

The United States Ultralight

Association, Inc., also states that the

proposed changes will benefit general

aviation.

However, another commenter, who

identifies himself as a flight instructor,

objects to the concept of a recreational

pilot certificate. He states that it allows

inadequately trained pilots to fly.

FAA Response: The FAA has

modified the final rule to address the

commenters’ concerns regarding the

unintended effect in the proposed rule

change that would prevent deaf pilots

and pilots with other medical

conditions that have a command of the

English language from obtaining a

recreational pilot certificate. The

English language requirement is further

discussed in section IV,G. Although the

FAA notes the positive response to the

proposal regarding medical selfevaluation by persons exercising

recreational pilot privileges, the FAA

has decided not to adopt the proposal

for reasons discussed in section IV,A of

this preamble. In the final rule, medical

certificate requirements associated with

recreational pilot eligibility and

privileges are contained in § 61.23.

Proposed § 61.96 was integrated with

proposed § 61.96a.

Section 61.97 Aeronautical

knowledge.

The FAA proposed additional

aeronautical knowledge requirements,

including ground training on windshear

avoidance, aeronautical decision

making and judgment, and the preflight

actions found in § 91.103.

Comments: EAA favors the inclusion

of windshear, and aeronautical decision

making and judgment in the training

requirements. EAA and NAFI oppose

requirements that mandate training

regarding how to plan for alternatives if

the flight cannot be completed and

possible air traffic delays are

encountered. NAFI comments that

recreational pilots are unlikely to

encounter the need for such training.

AOPA and GAMA support instruction

in windshear avoidance, aeronautical

decision making, and preflight action in

the aeronautical knowledge

requirements for recreational pilots.

However, AOPA cannot accept the

additional training requirements

without a description of what they are

and how they will be implemented.

In addition, AOPA questions the

proposed requirement for training and

instruction in planning for air traffic

delays because recreational pilots are

not permitted to fly in airspace

requiring two-way radio

communications.

ALPA, GAMA, and NAFI support the

requirements for training in aeronautical

decision making as do many of the

individual commenters. SSA states that

including knowledge of decision

making and judgment techniques in the

training cycle may be a valuable tool in

reducing accidents. GAMA and NAFI

also support the addition of windshear

training requirements. SSA notes that

windshear training has several facets

including windshears caused by fronts,

microbursts, and obstructions. SSA

believes that the glider community is

aware of the dangers associated with

windshear. Most individual commenters

also support the proposed requirements

for windshear training.

AOPA favors the concept of teaching

aeronautical decision making and

believes there should be a definition of

what must be taught and to what

standards. The commenter encourages

the FAA to elaborate on this topic in the

preamble to any final rule.

FAA Response: The FAA agrees with

commenters who state that recreational

pilots are unlikely to encounter air

traffic delays, and has modified the

requirement for training in traffic delay

planning to a more general reference to

possible delays. Other terminology and

changes were implemented in the final

rule as well, including revising the

reference to the ‘‘Airman’s Information

Manual,’’ which is now titled the

‘‘Aeronautical Information Manual.’’

The FAA strongly believes that

training in human factors and

aeronautical decision making should be

required. Approximately 80 percent of

all accidents are related to pilot error.

Training in human factors, and

aeronautical decision making and

judgment may decrease the number of

accidents attributable to pilot error,

because implementation of similar

training in air carrier operations has

decreased accident rates. Regarding

AOPA’s concern on the need for

guidance material on aeronautical

decision making, the FAA points out

that AC No. 60–22, ‘‘Aeronautical

Decision Making,’’ contains such

guidance.

Section 61.98 Flight proficiency.

This proposed section established the

areas of operation for all aircraft that are

permitted to be operated by a

recreational pilot. Several commenters

raised concerns regarding the principle

behind the proposed areas of operation

for all certificates. This issue is

addressed in section IV,H.

This section is adopted as proposed,

with only minor editorial changes.

Section 61.99 Aeronautical

experience.

In Notice No. 95–11, the FAA

proposed to change the title of this

section from, ‘‘Airplane rating:

Aeronautical experience,’’ to

‘‘Aeronautical experience.’’ Proposed

§ 61.99 included the aeronautical

experience requirements for singleengine airplanes, helicopters, and

gyroplanes that are permitted to be

operated by recreational pilots. The

proposed section also revised the

minimum amount of solo time required

for a person to be eligible for a
16262 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

recreational pilot certificate. The

proposal established more flexible

training requirements that permitted

flight instructors to determine the

number of hours of training each

student pilot requires. However, the

minimum number of total hours

required to obtain a recreational pilot

certificate remained unchanged.

Comments: EAA favors the reduction

in the minimum hours of solo time for

recreational pilot certificate applicants.

Both EAA and NAFI support the greater

flexibility given to flight instructors.

AOPA does not believe that the

reduction in the required number of

supervised pilot in command hours

represents a significant economic

benefit to general aviation, because the

aeronautical experience requirements

for a recreational pilot certificate dictate

the need for more than 3 hours of

supervised pilot-in-command time.

However, AOPA supports the proposal

because it stresses the concept of

training to a level of proficiency rather

than training based on an arbitrary

number of hours.

In contrast, GAMA, NATA, and

NBAA oppose the reduction in the

minimum amount of supervised pilotin-command time to 3 hours for

recreational pilot applicants. These

commenters recommend requiring at

least 10 hours of supervised pilot-incommand time. GAMA stresses the

importance of flight time as sole

manipulator of an aircraft to the

development of a safe pilot. According

to GAMA, such time bolsters a student’s

confidence, helps the student become

self-reliant, and improves a pilot’s

decision making skills.

FAA Response: The FAA believes the

change in the dual and solo time

requirements provides instructors with

flexibility in determining the amount of

solo and dual training required for each

student. This change should not

compromise safety, because the total

number of hours remains unchanged

and should encourage increased training

and help reduce overall costs. It appears

that some commenters misunderstood

the proposal, because their concerns

implied that the total number of hours

would be reduced, which is not the

case. Therefore, this section is

implemented in the final rule as

proposed, with the exception of the

changes noted and minor editorial

changes.

Section 61.100 Pilots based on small

islands.

In Notice No. 95–11, the FAA

proposed to change the existing title of

this section from ‘‘Rotorcraft rating:

Aeronautical experience’’ to ‘‘Pilots

based on small islands.’’ The proposed

aeronautical experience requirements

for a rotorcraft category rating were

moved to proposed § 61.99. Proposed

§ 61.100 contained the provisions for

pilots based on small islands. These

provisions are currently found in

§ 61.99 of the existing rule.

No substantive comments were

received concerning this section.

However, the final rule has been

modified to restore detailed provisions

from the existing rule that were

inadvertently omitted from proposed

§ 61.100.

Section 61.101 Recreational pilot

privileges and limitations.

In Notice No. 95–11, the FAA

proposed significant revisions to the

privileges and limitations for

recreational pilots.

In paragraph (a), the FAA proposed to

specify the types of operating expenses

that a recreational pilot may share with

a passenger.

Proposed paragraph (c) deleted the

existing restriction that prevents

recreational pilots from flying more than

50 nautical miles from an airport where

training was received. The paragraph

also explicitly permitted such

operations, subject to compliance with

specific training and endorsement

requirements. The proposal to eliminate

the 50-mile restriction is discussed in

section IV,A.

Proposed paragraph (h) contained a

revised version of paragraph (f),

maintaining the same basic provisions

that are in the existing paragraph,

except for changes intended for clarity.

Comments: Many of the comments

received on the proposal to codify the

sharing of expenses are also directed at

similar provisions in proposed § 61.113.

Approximately 130 comments address

the FAA’s proposal to specify the

expenses a private pilot may share with

passengers. Approximately 95 percent

of the comments oppose the proposal,

while the remainder either are in favor

or discuss other aspects of the proposal.

AOPA, EAA, NAFI, and NATA

comment that pilots should be able to

share operating expenses with

passengers, such as aircraft rental costs.

AOPA and NATA state that this is

currently allowed under the regulations.

Although AOPA supports codifying the

expenses that can be shared, it believes

the proposed rule represents a

significant change. According to AOPA,

the new rule will likely stifle activity at

flight schools and FBOs. SSA also

supports including the cost of aircraft

rental in the expenses that can be

shared. According to SSA, a glider uses

minimal fuel but has direct costs for

tows and glider rentals that can be

specifically documented.

GAMA and HAI also recommend

adding operating costs to the list of

expenses that may be shared. GAMA

contends that individuals currently are

allowed to divide the rental costs of an

aircraft including fuel, oil, airport

expenditures, and operating costs.

In its comment, NBAA states that

proposed § 61.113(c) is too prohibitive

and could add costs for the private pilot.

The commenter states that the proposal

fails to take into account the potential

added fees that general aviation may

face in the future. NBAA recommends

deleting all the language after the word

‘‘passengers.’’

Most of the individual commenters

who oppose the proposal also point out

that for pilots who rent aircraft it may

be difficult to isolate the fuel, oil, and

airport expenses from other expenses.

They state they should be permitted to

share rental expenses. Another

commenter states that for aircraft that

are not rented, provisions should be

made for sharing the cost of the ‘‘engine

reserves’’ (i.e., a pro-rated allotment per

hour toward engine overhaul cost). A

commenter points out that the

definition would preclude pilots of

gliders from sharing expenses. Another

commenter states that there is no reason

to require that expenses be shared

equally, if either the pilot or a passenger

wants to pay a greater share.

Some commenters also request

additional privileges for recreational

pilots, subject to appropriate training

and flight instructor endorsement. One

of the key additional privileges cited in

the comments—requested by

approximately 210 commenters—is

flight into airspace requiring

communications with ATC, such as

Class C and Class D airspace. EAA

supports permitting recreational pilots

to obtain an endorsement to enter Class

D airspace because many areas do not

have nontowered airports within a

reasonable distance. Other commenters

state that often a pilot’s home base or

needed maintenance facilities are in

Class D airspace areas, or there may be

safety reasons for communicating with

ATC. They also cite the possibility of

pilots with higher certificates and

commensurate training exercising the

privileges of recreational pilots.

Commenters also seek to expand

recreational pilot privileges to include

operation of aircraft with more than 180

horsepower and retractable landing gear

and night flying. EAA states that

recreational pilots should be able to

obtain an endorsement for amphibious

operations because many newly

produced, very light aircraft are
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16263

amphibious. Commenters also

mentioned demonstration flight for

prospective aircraft purchasers.

However, several commenters suggest

setting the limitation at 2,400 pounds

gross weight, with 180 horsepower or

less, which is not ‘‘complex.’’ One

commenter asks how the FAA justifies

limiting a four-place aircraft to one

passenger for recreational pilots.

Others request raising the ceiling of

permitted recreational pilot operations,

stating that the limitation of 10,000 feet

MSL or 2,000 feet AGL, whichever is

greater, is too low for mountain areas.

Some commenters suggest alternative

privileges and limitations not based on

the recreational and private pilot

certificates.

FAA Response: The FAA

inadvertently omitted ‘‘aircraft rental

fees’’ from the list of expenses that

private and recreational pilots may

share. This is current FAA policy.

Therefore, § 61.101(a) is appropriately

modified in the final rule. In response

to those commenters who want

additional operating costs shared, only

direct operating and rental expenses

may be shared. To avoid a pilot

receiving compensation for a flight,

indirect operating costs, such as

maintenance expenses, are not

permitted to be shared. In response to

the comment regarding the equal

sharing of expenses, the FAA has

determined that a pilot may not pay less

than the pro rata share of operating

expenses. The rationale is that if pilots

pay less, they would not just be sharing

expenses but would actually be flying

for compensation or hire. The rule has

been modified accordingly.

Proposed paragraph (h) is modified

and a new paragraph (i) is added to

maintain provisions of the existing rule.

The reference to paragraph (d) is

removed from paragraph (h). Paragraphs

(h) and (i) address only operations at

night or in airspace requiring

communication with ATC. The phrase

‘‘for the purpose of obtaining an

additional certificate’’ also is added to

this paragraph to indicate that this

privilege is only available to a

recreational pilot seeking an additional

certificate.

In response to the comments

requesting expansion of the recreational

pilot privileges, the FAA acknowledges

these concerns, but has determined that

these requests for changes to existing

regulations are beyond the scope of this

rulemaking.

Apart from these changes and various

editorial changes, the final rule is

adopted as proposed.

Subpart E—Private Pilots

The proposed establishment of

separate subparts for student pilot

certificates and recreational pilot

certificates required the regulations

pertaining to private pilot certificates

and ratings to be moved from subpart D

to subpart E.

Section 61.102 Applicability.

The FAA did not propose any

substantive changes for this section, nor

were any substantive comments

received. The final rule is adopted as

proposed.

Section 61.103 Eligibility

requirements: General.

The FAA proposed to revise this

section and include new eligibility

requirements for private pilot

applicants.

In proposed paragraph (b), the FAA

added a requirement that an applicant

be able to write in the English language.

In addition, all applicants would have

been required to meet the English

language requirements, eliminating the

existing provision under which an

applicant who cannot read, speak, and

understand the English language may

receive a certificate with an operating

limitation, as deemed necessary by the

Administrator.

In proposed paragraph (c), the

language pertaining to the medical

requirements for applicants who desired

a rating in a glider or balloon was

clarified.

Proposed paragraph (d) required an

applicant to specifically receive an

endorsement from the ground instructor

or flight instructor who gave the

applicant training or reviewed the

applicant’s home study, certifying that

the applicant is prepared for the

knowledge test.

Proposed paragraph (h) required an

applicant to meet the proposed

aeronautical experience requirements

for the category and class rating sought,

before applying for the practical test.

Comments: Most of the substantive

comments received regarding this

section related to paragraph (a),

especially the possible discriminatory

effect of the change in English language

proficiency requirements. For a

discussion of these comments and the

FAA’s response, see section IV,G. Some

commenters objected to proposed

paragraph (c) regarding the revised

language pertaining to the medical

requirements for pilots of gliders and

balloons, interpreting them as new

requirements.

FAA Response: For reasons discussed

in section IV,G, the final rule includes

language restoring the option for the

Administrator to place an operating

limitation on an applicant’s pilot

certificate, waiving the applicant’s

English language requirements on

medical grounds. In addition, the

language on medical requirements for

private pilots is deleted from this

section and placed in § 61.23. This topic

is discussed in the analysis of § 61.23.

The FAA also made other minor

editorial and formatting changes to this

section of the final rule.

Section 61.105 Aeronautical

knowledge.

The FAA proposed to establish

aeronautical knowledge requirements

that are applicable to applicants for all

private pilot certificates. The FAA also

proposed to add aeronautical knowledge

requirements, including ground training

on additional subjects such as

windshear avoidance, aeronautical

decision making and judgment, and the

preflight actions found in § 91.103.

Comments: GAMA and NAFI support

the inclusion of training on windshear

avoidance, aeronautical decision

making, and preflight actions in the

aeronautical knowledge requirements

for private pilots.

AOPA also supports such training;

however, AOPA cannot accept

additional training requirements

without a description of what they are

and how they will be implemented.

AOPA also questions the proposed

requirement in § 61.105(b)(12) for

training and instruction in planning for

air traffic delays because such training

is more appropriate for commercial,

instrument, and ATP applicants.

FAA Response: The FAA agrees with

commenters who state that private

pilots are less likely to encounter air

traffic delays, and has modified the

requirement for training in traffic delay

planning to a more general reference to

possible delays.

The FAA strongly believes that

training in human factors and

aeronautical decision making should be

required. Approximately 80 percent of

all accidents are related to pilot error,

and training in human factors, and

aeronautical decision making and

judgment may decrease the number of

accidents attributable to pilot error,

because implementation of similar

training in air carrier operations has

decreased accident rates. Regarding

AOPA’s concern on the need for

guidance material on aeronautical

decision making, the FAA points out

that AC 60–22, ‘‘Aeronautical Decision

Making,’’ contains such guidance.
16264 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 61.107 Flight proficiency.

In this section, the FAA proposed

separate and revised areas of operation

for the airplane single-engine rating,

airplane multiengine rating, rotorcraft

helicopter rating, rotorcraft gyroplane

rating, glider powered rating, glider

nonpowered rating, lighter-than-air

airship rating, lighter-than-air balloon

rating, and powered-lift rating. In

addition, the proposal specifically

required applicants for a glider category

rating to receive training on launches,

approaches, and landings, if applying

for a nonpowered class rating; or,

takeoffs, landings, and go-arounds, if

applying for a powered class rating.

Comments: NAFI comments that

proposed § 61.107 clarifies aircraft

category and training requirements.

Approximately 30 commenters take

issue with the FAA’s use of the term

‘‘balloonport’’ in the proposed rule. This

term is not addressed in proposed

§ 61.1(a), but as one commenter notes,

the term is used in proposed §§ 61.107,

61.127, and 61.187. Two commenters

state that the term is known principally

as a commercial name or a proprietary

name for a dealership of one brand of

balloon. Commenters ask that another

term be defined and used, such as

‘‘launch and landing field’’ or ‘‘launch

and landing site.’’ Commenters note that

balloonists use fields, parks, or airports

for their operations, and the term used

should not be restrictive as to the takeoff

or landing location.

FAA Response: In response to

commenter concerns, the term

‘‘balloonport’’ was replaced with the

term ‘‘airport’’, and the term ‘‘lift offs’’

was replaced with the term ‘‘launches’’.

The FAA also is not proposing separate

flight proficiency requirements for

powered and nonpowered gliders. This

issue is discussed in section IV,F.

Section 61.109 Aeronautical

experience.

The FAA consolidated all

aeronautical experience requirements

for private pilots in proposed § 61.109.

The FAA proposed to change the title of

this section from ‘‘Airplane rating:

aeronautical experience’’ to

‘‘Aeronautical experience’’ to reflect the

consolidation of these requirements.

The FAA also proposed separate

aeronautical experience requirements

for each aircraft category and class

rating. An applicant seeking a singleengine or multiengine airplane rating

would be required to meet the

aeronautical experience requirements in

a single-engine airplane, and an

applicant for a private pilot multiengine

rating would be required to meet these

requirements in a multiengine airplane.

The FAA also proposed revisions to the

aeronautical experience requirements

for private pilots by establishing more

flexible training requirements for

private pilot applicants and integrating

the concept of supervised pilot in

command into specific aeronautical

experience requirements. The proposal

decreased the amount of solo time an

applicant would be required to possess

prior to obtaining a certificate, added

additional night-flight training

requirements, decreased the length of

required cross-country flights, and

increased instrument flight training

requirements. The proposal also

established aeronautical experience

requirements for a powered-lift rating.

The minimum number of total hours

required to obtain a private pilot

certificate remained unchanged.

Comments: Approximately 140

comments address issues related to

private pilot training requirements

proposed in Notice No. 95–11.

AOPA comments that, although it

believes 5 hours of supervised pilot in

command is an excessively low figure,

it supports the proposal because it

stresses the concept of training to a level

of competency rather than training

consisting of an arbitrary number of

hours. AOPA also supports the

reduction in the distance requirement

for the solo cross-country flight from

300 nautical miles to 100 nautical miles.

AOPA believes that there is no merit in

requiring three takeoffs and three

landings to a full stop at an airport with

an operating control tower, and that this

proposed requirement will constitute a

burden in cases where a towered airport

is not available within a reasonable

distance.

In its comment, AOPA expresses

concern about § 61.109(a)(2)(v), which

proposes supervised pilot in command

training requirements in multiengine

aircraft for the issuance of a private pilot

certificate with a multiengine rating.

AOPA states that it is unaware of any

insurance company that will insure, or

an FBO that will allow, a pilot to fly

solo in a multiengine aircraft without a

multiengine rating. According to AOPA,

if the intent of the provision is to

require an applicant to log supervised

pilot in command flight while the sole

occupant of the aircraft, this will result

in a serious obstacle to multiengine

training. The commenter states that this

proposal is an example of how the

change of terminology from ‘‘solo’’ and

‘‘dual’’ to ‘‘training time’’ and

‘‘supervised pilot in command’’ results

in confusion.

SSA believes that the proposal to

allow tailoring of instruction to more

closely match a student’s needs

emphasizes dual instruction over solo

flight. According to SSA, solo time

reinforces the principle of responsibility

that is so important to safe flight and

provides the student with an

opportunity to find areas of weakness.

SSA comments that two supervised

pilot in command flights, or even 5

hours of supervised pilot in command

flight, is inadequate. SSA urges the FAA

to recognize the importance of

supervised pilot-in-command time. The

commenter also opposes the flight time

requirements for a glider rating set forth

in § 61.109(b)(2), and states that they are

‘‘oppressive.’’ SSA contends that if

these requirements are adopted many

individuals who are planning to learn to

fly will not do so because of the

increased costs.

NAFI also supports the reduction in

cross-country distance requirements and

the addition of night cross-country

training. NAFI, however, disagrees with

the reduction in solo flight time

requirements. According to the

commenter, applicants with no solo

experience should be required to obtain

15 hours of solo time before carrying

passengers. However, NAFI

recommends developing a system to

credit solo time in flight vehicles ‘‘other

than certificated aircraft,’’ such as

ultralights, to satisfy part 61

requirements.

NBAA states that the proposed

reduction in supervised pilot-incommand time is excessive and

recommends a minimum of 10 hours.

HAI also expresses concern about the

reduction in this requirement because it

will result in private pilots with a low

level of experience.

NATA comments that 5 hours of

supervised pilot-in-command time is

insufficient to build a private pilot’s

confidence and recommends that at

least 15 hours be required. NATA

further states that a single supervised

cross-country flight of 100 nautical

miles is inadequate to acquire crosscountry skills. The commenter

recommends requiring at least three

cross-country flights, including one

flight of at least 250 nautical miles with

at least one leg of 100 nautical miles.

GAMA opposes the reduction of the

minimum supervised pilot-in-command

time to 5 hours for private pilots. GAMA

feels that flight time as the sole

manipulator of an aircraft’s controls is

critical to the development of a skilled,

safe pilot. GAMA agrees with the

proposal of NAFI and NATA to require

at least 15 hours of supervised pilot-incommand time. GAMA states that,

while a minimum number of supervised

pilot in command cross-country hours is
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16265

not necessary, the number of required

flights should be revised to ensure

proper training and the fostering of skill

and experience. GAMA recommends

that the rule require a minimum of three

cross-country flights including two

flights with a landing point more than

50 nautical miles from the original

departure point, and one flight of at

least 300 nautical miles, with landings

at a minimum of three points, one of

which should be at least 100 nautical

miles from the original departure point.

GAMA states that because a

disproportionate number of accidents

involving private pilots occur at night,

requiring a dual, night cross-country

flight would add to the margin of safety.

HAI points out that meeting the crosscountry flight requirement for

helicopters does not require a flight of

50 miles between takeoff and landing

points, and that the cross-country

definition in proposed § 61.1a(e), which

specifies 50 miles, is not consistent with

this provision.

Some individual commenters also

disagree with changes to the proposed

supervised pilot in command crosscountry requirement, advocating

retention of the existing requirement for

10 hours of cross-country time which

includes at least one long cross-country

flight. Some commenters state that the

proposed supervised pilot in command

experience hour requirement is too low.

One commenter suggests that the

requirement for one 100-nautical-mile

cross-country flight could be impractical

in certain areas during certain times of

the year. The commenter agrees with the

proposal for 3 hours of instrument

training for private pilot applicants.

Another commenter opposes the

proposed requirement in § 61.109 for 3

hours of instrument dual instruction in

an airplane for private pilot training.

Individual commenters take issue

with the night flight proposals; some

state that night flight in a single-engine

airplane is too hazardous. At least one

commenter believes that the night crosscountry flight training requirement

proposed under § 61.109(a)(1) would

not require that a flight instructor be on

board, and suggests that a flight

instructor be required. Another opposes

the night cross-country requirement for

single-engine airplanes completely,

while another advocates reducing the

requirement from 100 nautical miles to

50 nautical miles.

GAMA, NAFI, and NATA support the

proposed night cross-country

requirements and state that safety will

be enhanced by the adoption. NATA

also approves of the proposed night

takeoff and landing requirements and

states that student confidence would be

increased if this proposal were adopted.

GAMA states that the requirement

would provide an important educational

experience by exposing the pilot to a

much broader flight environment under

a supervised situation.

AOPA generally supports placing

greater emphasis on night training for

private pilot applicants and states that

the proposed night cross-country flight

training requirement will increase

safety. The commenter, however,

requests clarification concerning the

term ‘‘duration’’ and asks whether the

cross-country flight is intended to be

100 miles total (50 miles out and 50

miles return) or if the flight is to be 100

miles from the point of departure (200

miles total). AOPA supports a 100-mile

round trip because the longer flight

would be difficult to achieve in the

summer months. The commenter would

oppose the proposal if it required a

flight of 200 miles total distance.

Some commenters suggest raising the

minimum flight hour requirements for

the private certificate with a balloon

rating. One commenter suggests that 15

hours rather than 10 hours should be

required because much time is spent

reviewing and relearning, apparently

due to weather-caused interruptions in

training. Two commenters state that the

requirements of proposed

§ 61.109(d)(2)(i) for two flights within

60 days of application for a private

balloon rating are excessive, because of

the nature of balloon operations and

scheduling difficulties.

NAFI opposes the new requirements

under § 61.109(c) for airship instrument

training because some ‘‘hot air blimps’’

currently are being built as ultralight

and experimental aircraft, and these

aircraft do not have sufficient electrical

power for IFR instrumentation. NAFI

states that the proposal would

effectively eliminate all private pilot

training for ‘‘hot air blimps,’’ and pilots

would be forced to operate the aircraft

as ultralights, possibly without the

benefit of training from a certificated

flight instructor. NAFI comments that

this would not advance safety. One

individual commenter also states that

the instrument training proposed for

private pilot certification under

§ 61.109(c) should not be required

because many airships are not equipped

for instrument flight.

NAFI opposes the new night flight

requirements of proposed § 61.109(c) for

airship training. NAFI states that these

aircraft do not have sufficient electrical

power for navigation lights, in some

cases.

FAA Response: The FAA believes the

change in the composition of dual and

solo time, within the total number of

hours required for each certificate,

provides instructors with flexibility in

determining the amount of dual and

solo training required for each student.

The FAA has decided not to adopt the

concept of supervised pilot in command

as set forth in Notice No. 95–11, and has

therefore replaced references to

‘‘supervised pilot in command’’ time

with ‘‘solo’’ time.

The proposal does not compromise

safety because the total number of hours

required for the issuance of a private

pilot certificate remains unchanged. The

rule should encourage increased

training and help reduce overall costs.

It appears that some commenters

misunderstood the proposal, because

their concerns implied that the total

number of hours would be reduced,

which is not the case. The FAA has,

however, increased solo flight time

requirements and solo cross-country

flight distance requirements in the final

rule in order to meet the minimum

requirements under Annex 1 to the

Convention on International Civil

Aviation.

The FAA believes that night crosscountry training should be required for

private pilot applicants because a

private pilot may later be placed in

circumstances where the pilot may

inadvertently fly at night, without

appropriate night training. This issue

was identified as an area of concern in

the FAA’s Job Task Analysis. Increased

night flight training will reduce the

issuance of certificates with a night

flying limitation, as well the associated

administrative costs to the FAA in

reissuing such certificates when the

limitation is removed. In response to

AOPA’s request, the FAA has clarified

the cross-country requirements in this

section by replacing the word

‘‘duration’’ with the term ‘‘total

distance.’’

Regarding the proposal for required

solo flight in multiengine aircraft for

pilots seeking that rating, the FAA is

convinced by the commenters’

arguments and has modified the final

rule to require that an applicant

accomplish solo flight in an airplane.

This would allow an applicant for a

multiengine rating to accomplish solo

flight time requirements in a singleengine airplane. The FAA believes that

a similar problem to that presented by

the commenters could arise for

powered-lifts, and has made a similar

modification to the regulations

applicable to those aircraft requiring

that solo flight time be accomplished in

an airplane or powered-lift. The FAA

recognizes HAI’s concern regarding an

inconsistency with the definition of

‘‘cross-country,’’ and has revised the
16266 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

cross-country requirements for rotorcraft

accordingly.

Currently the FAA requires training

within 60 days of application for a

practical test in a balloon. The FAA, in

order to clarify what is meant by

‘‘training,’’ is requiring a minimum of

two flights within 60 days of

application. The FAA considers this

requirement reasonable to ensure proper

preparation for the practical test.

The FAA disagrees with NAFI

regarding night flight requirements for

airships, and finds that the majority of

airships do have sufficient electrical

power to operate at night. The FAA

believes that night flight training should

be required for airships as these aircraft

currently operate at night in the NAS.

Therefore, the FAA will require night

training in airships.

To address commenters’ arguments

against required instrument training in

airships that may not be equipped for

instrument flight, the FAA has modified

the requirements to state only that

instrument training is required, without

referring specifically to airships.

The FAA also has modified the

proposed requirements for the issuance

of a glider rating to be consistent with

the decision not to establish separate

class ratings for powered and

nonpowered gliders. Additionally, the

FAA has included provisions as set

forth in Amendment No. 61–100, which

permit credit to be given for the use of

an approved flight simulator or

approved flight training device.

Section 61.110 Night flying exceptions

for private pilot certification.

The FAA proposed to establish the

night flying exceptions for private pilot

certification in § 61.110.

In proposed paragraph (a), an

applicant with a medical restriction

prohibiting the operation of an aircraft

at night would not be required to meet

the night flight training requirements

and would be issued a certificate with

a limitation prohibiting night flying.

It was proposed in paragraph (b) to

permit an applicant who accomplishes

flight training in Alaska to have 12

months after the issuance of the

applicant’s temporary airman certificate

to comply with the night flight training

requirements. Alaska is unique in that 6

months out of the year there is limited

nighttime. However, under proposed

paragraph (b)(2), an applicant who

receives flight training in Alaska and is

unable to accomplish the night flying

training required by proposed § 61.109

would be issued a temporary pilot

certificate for only 12 calendar months,

with a limitation ‘‘night flying

prohibited.’’ That person would be

required to comply with the night-flying

requirements for the private certificate

within the 12-calendar-month period

after issuance of the certificate. If that

person did not comply with the

requirements within that period, the

certificate would be suspended until the

person complied the requirements.

Paragraph (b)(3) was proposed to

explain the night flying experience,

endorsement, and practical test portion

requirements of § 61.109 that must be

met in order to have the ‘‘night flying

prohibited’’ limitation removed.

Comments: AOPA states that, while it

supports the added flexibility of the

night flying exception rule, it opposes

the language of § 61.110(b)(2) that

would suspend the airman’s certificate

if the pilot does not complete the night

training requirements within 12

calendar months. AOPA states that the

FAA certificates numerous pilots each

year with permanent night flight

restrictions, and there is no reason why

Alaskan airmen should be singled out

for suspension of their certificates

simply because they fail to remove their

night flight restrictions.

FAA Response: The FAA points out

that a change in the proposed and final

rules to § 61.109 will disqualify all

applicants from being issued certificates

without meeting night flying

requirements, unless they qualify for an

exception under § 61.110. Therefore, the

12-month limit of § 61.110 does not

discriminate against Alaskan airmen,

but rather allows them a special

privilege. In the final rule, the 12-month

limitation remains, but the FAA has

deleted language referring to the

issuance of a 12-month temporary

certificate, because existing FAA

temporary certificates are valid for 120

days. The FAA has also added a

provision that a person seeking to obtain

this exception must both receive the

flight training for the certificate and

reside in the State of Alaska.

By deleting the exception for pilots

who have night flying restrictions due to

medical conditions, these pilots will

now be required to have 3 hours of night

flight training. However, the certificates

of such pilots will be issued with an

operating limitation prohibiting night

flying. The FAA has determined that

safety will be enhanced because this

requirement will reduce the likelihood

of pilots later being placed in

circumstances where they may be

required to engage in flight at night

without appropriate night training.

Section 61.111 Cross-country flights:

Pilots based on small islands.

In Notice No. 95–11, the FAA only

proposed minor editorial changes to this

section. No substantive comments were

received. The final rule has been

modified to restore detailed provisions

from the existing rule that were

inadvertently omitted in the proposed

rule.

Section 61.113 Private pilot privileges

and limitations: Pilot in command.

In Notice No. 95–11, the FAA

proposed to include the provisions of

existing § 61.118 in proposed § 61.113.

The revised aeronautical experience

requirements for a rotorcraft category

rating found in existing § 61.113 were

included in proposed § 61.109.

Proposed paragraph (c) specified the

flight operating expenses that a private

pilot may share with passengers. A more

detailed discussion of this proposal,

including comments and FAA response,

is addressed with regard to the similar

proposed change to § 61.101(a).

Proposed paragraph (d) modified the

requirements for participation in an

airlift sponsored by a charitable

organization.

In proposed paragraph (e), private

pilots were permitted to receive

reimbursement for expenses incurred

while performing search and location

operations for law enforcement agencies

or other organizations that conduct

these operations.

Proposed paragraph (f) permitted a

private pilot who met the requirements

of proposed § 61.69 to act as pilot in

command when towing gliders.

Proposed § 61.113 eliminates specific

provisions permitting a salesman who

has logged at least 200 hours to

demonstrate an aircraft in flight to a

prospective buyer.

Comments: The commenter’s

opposition to the proposed paragraph

(c) definition of operating expenses that

may be shared is discussed in the

analysis of the proposed provision of

§ 61.101(a).

With respect to proposed paragraph

(e), the National Headquarters for the

Civil Air Patrol (CAP) states that the

proposed rule fails to include

maintenance expenses as reimbursable

for pilots flying humanitarian-type

missions, and that the rule incorrectly

assumes that such activity is always

under the direction of law enforcement

agencies. The commenter states that,

depending on the definition of ‘‘airport

expenditures,’’ the omission of

maintenance costs in the definition

might require the CAP to continue to

operate under an exemption in order to

maintain current privileges. The

commenter also requests that the rule be

modified to account for the agencies,

other than law enforcement, for which

the CAP often flies missions. These
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16267

include the FAA, FEMA, the Red Cross,

and State and local Emergency

Management Agencies. AOPA supports

adding search and rescue operations to

the list of operations for which private

pilots may receive reimbursement. In

contrast, HAI objects to the search and

rescue provisions in proposed

§ 61.113(e). HAI contends that this

proposal will only encourage the

proliferation of this kind of activity. The

commenter believes that these kinds of

operations are best dealt with through

the exemption process.

SSA approves of proposed § 61.113(f)

permitting private pilots who meet the

requirements of § 61.69 to act as pilot in

command of an aircraft towing a glider.

SSA points out that the explanation on

page 41207 of the Notice No. 95–11

indicates that the pilot will be able to

log this time. SSA suggests that

§ 61.113(f) be modified to this effect.

FAA Response: In response to

objections to the language of proposed

§ 61.101(a) as well as § 61.113(c), the

FAA has decided to add ‘‘rental fees’’ to

this list of allowable shared expenses in

both those sections, as discussed in the

analysis for § 61.101(a). This language is

therefore added to § 61.113(e) in the

final rule. The CAP’s concerns regarding

types of agencies that conduct search

and location missions were noted, and

the term ‘‘law enforcement’’ has

therefore been deleted from paragraph

(e)(1) in the final rule.

In response to CAP’s comments

regarding the omission of any

provisions permitting a private pilot to

be reimbursed for maintenance costs,

the proposed rule did not specifically

provide for reimbursement of

maintenance costs, and neither does the

final rule. Any reimbursement for

compensation of maintenance costs will

be handled on a case-by-case basis

through the exemption process. In

addition, CAP commented that the rule

be modified to account for agencies

other than law enforcement agencies for

which it operates. In Notice No. 95–11,

the FAA proposed to allow pilots under

the direction and control of an

‘‘organization that conducts search and

location operations’’ to be reimbursed.

The FAA has determined that this

addresses CAP’s concerns and is

adopting the final rule as proposed.

In response to HAI’s comment that

search and location operations should

remain under the exemption process,

since the early 1980’s the FAA has

permitted private pilots to perform

search and location operations, and has

continually reissued those exemptions

without any known problems. Provided

that pilots comply with the

requirements in this final rule, which

are identical to the exemption’s

conditions and limitations, the FAA has

codified those conditions and

limitations in this final rule.

After further review, the FAA has

decided to reinstate the provision

allowing a private pilot who is an

aircraft salesman and who has at least

200 hours of logged flight time to

demonstrate an aircraft in flight to a

prospective buyer. The FAA has

concluded that these operations would

not be ‘‘incidental to business,’’ and

therefore is reinstating this provision

into the final rule.

Section 61.115 Balloon rating:

Limitations.

Proposed § 61.115 includes the

provisions of existing § 61.119. Also, the

provisions of existing § 61.115 were

included in proposed § 61.109.

The proposed changes to this section

were the classification of balloons as

either ‘‘gas balloons’’ or ‘‘balloons with

airborne heaters,’’ and the deletion of

references to the terms ‘‘hot air balloon

without airborne heater’’ and ‘‘free

balloon.’’ The proposed rule also

incorporated the existing operating

limitations for a private pilot who

performs his or her practical test in a gas

balloon as opposed to those who

perform the test in a balloon with an

airborne heater. The language of the

operating limitations specified in this

section clarified that a person requesting

removal of the current operating

limitations from his or her certificate

would be required to obtain the required

aeronautical experience in the specific

type of balloon and receive a logbook

endorsement from an instructor who

attests to the person’s accomplishment

of the required aeronautical experience

and ability to satisfactorily operate that

balloon.

No substantive comments were

received, and the FAA has incorporated

this section into the final rule with only

minor editorial changes.

Section 61.117 Private pilot privileges

and limitations: Second in command of

aircraft requiring more than one pilot.

Proposed § 61.117 includes the

provisions of existing § 61.120. No

substantive comments were received,

and the FAA has adopted this section as

proposed.

Subpart F—Commercial Pilots

The proposal to establish separate

subparts for student pilot certificates

and recreational pilot certificates

required the regulations for commercial

pilot certificates and ratings to be

relocated from subpart E in the existing

rule to subpart F in the proposed rule.

Section 61.121 Applicability.

The FAA did not propose any

substantive changes for this section, nor

were any substantive comments

received. The FAA has adopted this

section as proposed.

Section 61.123 Eligibility

requirements: General.

In Notice No. 95–11, the FAA

proposed to revise this section and

include new eligibility requirements for

commercial pilot applicants.

In proposed paragraph (b), the FAA

added a requirement that an applicant

be able to write in the English language.

In addition, applicants would have been

required to meet the English language

requirements, eliminating the existing

provision under which an applicant

who cannot read, speak, and understand

the English language may receive a

certificate with an operating limitation,

as deemed necessary by the

Administrator.

In proposed paragraph (c), the FAA

proposed that an applicant only hold a

third-class medical certificate at the

time of the practical test. However, as in

the existing rule, a commercial pilot was

still required to hold a second-class

medical certificate for operations

requiring a commercial pilot certificate.

Also in the proposed paragraph, the

existing medical requirements for

applicants who desired a rating in a

glider or a balloon were revised.

The FAA proposed in paragraph (d) to

require an applicant to specifically

receive an endorsement from the ground

or flight instructor who gave the

applicant training or reviewed the

applicant’s home-study course, stating

that the applicant is prepared for the

knowledge test.

Proposed paragraph (i) required an

applicant to hold a private pilot

certificate, before applying for a

commercial pilot certificate.

Comments: AOPA objects to the

proposal in § 61.123(i) to require

commercial pilot applicants to hold a

private pilot certificate as a prerequisite

for taking the commercial pilot practical

examination for all classes and

categories of aircraft. AOPA believes

that the requirements for the

commercial certificate stand alone as

adequate preparation for any applicant

for the commercial certificate regardless

of whether or not they have ever held

another certificate. NAFI supports the

proposed requirement for commercial

applicants to possess a private pilot

certificate. According to the commenter,

the time and experience acquired in

preparation for the private is necessary

for pilots to learn their personal
16268 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

limitations. An individual commenter

states that an instrument rating should

be listed in the commercial pilot

applicant eligibility requirements of

§ 61.123.

FAA Response: For reasons discussed

in section IV,G, the final rule inserts

language restoring the option for the

Administrator to place an operating

limitation on an applicant’s pilot

certificate, waiving the applicant’s

English language requirements based on

medical reasons. As discussed in the

analysis of § 61.23, the rule has placed

all medical requirements into that

section.

In response to AOPA’s comment, the

existing rule requires that persons

seeking a commercial certificate in

airplanes must either hold a private

pilot certificate or meet the

requirements for holding a private pilot

certificate. A commercial pilot applicant

is therefore required to have completed

the ground and flight training for a

private pilot certificate, and have passed

the required knowledge and practical

tests before making an application for a

commercial pilot certificate. Private

pilot applicants are tested on a number

of tasks that commercial pilot applicants

are not tested on. The FAA wants to

ensure that all commercial pilots

possess the aeronautical knowledge and

flight proficiency that must be mastered

by all private pilots. The FAA has

determined that the requirement will

not be an additional regulatory burden

or economic burden because experience

has shown that nearly all persons

seeking commercial pilot certificates

already possess at least a private pilot

certificate. In the final rule, other minor

editorial and formatting changes to the

proposed rule were also made. Except

for these changes, the final rule is

adopted as proposed.

Section 61.125 Aeronautical

knowledge.

The FAA proposed to establish

aeronautical knowledge requirements

that are applicable to applicants for all

commercial pilot certificates.

In proposed paragraph (b), the FAA

modified the aeronautical knowledge

requirements to include training on

additional subjects such as windshear

avoidance, and aeronautical decision

making and judgment.

Comments: GAMA supports the

addition of windshear recognition and

avoidance, aeronautical decision

making, and night and high-altitude

operations to the commercial pilot

aeronautical knowledge requirements.

GAMA believes that the statement

‘‘including recognition and avoidance of

wake turbulence’’ was unintentionally

omitted and should be included in

§ 61.125(b)(5). AOPA favors the concept

of teaching aeronautical decision

making and judgment as part of

commercial pilot training, but it cannot

accept the proposed requirement

without a definition of what must be

taught and to what standards. AOPA

encourages the FAA to elaborate on the

specific nature of this training in the

preamble to the final rule.

FAA Response: In response to

GAMA’s concern regarding the

exclusion of training in wake turbulence

recognition and avoidance, the FAA

notes that this training is required to be

provided to all private pilots as

specified in § 61.105(b)(7). The rule also

requires that all applicants for a

commercial pilot certificate possess a

private pilot certificate, thereby

ensuring that such training has been

received. Regarding AOPA’s concern on

the need for guidance material regarding

aeronautical decision making, the FAA

points out that AC 60-22, ‘‘Aeronautical

Decision Making,’’ contains such

guidance.

Section 61.127 Flight proficiency.

In Notice No. 95–11, the FAA

separated and revised areas of operation

the airplane single-engine rating,

airplane multiengine rating, rotorcraft

helicopter rating, rotorcraft gyroplane

rating, glider nonpowered rating, glider

category powered rating, lighter-than-air

airship rating, lighter-than-air balloon

rating, and powered-lift rating.

The proposal specifically required an

applicant for a glider category rating to

receive training on launches,

approaches, and landings if applying for

a nonpowered class rating, in proposed

paragraph (g); and takeoffs, landings,

and go-arounds if applying for a

powered class rating, in proposed

paragraph (h). No substantive comments

in opposition to this proposal were

received.

FAA Response: In the final rule, the

proposed ‘‘ground reference

maneuvers’’ were deleted from the areas

of operation for the gyroplane rating,

because it is not a task that is required

to be tested in gyroplanes and was

inadvertently included in the proposal.

As a result of the FAA’s decision not to

adopt flight instructor certificates for the

lighter-than-air category, as discussed in

section IV, C, the areas of operation

associated with flight instruction have

been added to the required areas of

operation for airship and balloon

ratings. The FAA also is not adopting

separate flight proficiency requirements

for powered and nonpowered gliders.

This issue is discussed in section IV,F.

Apart from these and minor editing

changes, the final rule is adopted as

proposed.

Section 61.129 Aeronautical

experience.

In Notice No. 95–11, the FAA

proposed to consolidate all aeronautical

experience requirements for commercial

pilots in § 61.129. The FAA therefore

proposed to change the title of the

existing § 61.129 to ‘‘Aeronautical

experience.’’ Within proposed § 61.129,

the FAA organized these requirements

by category and class of aircraft.

Proposed paragraphs (a) through (g)

listed revised and separate aeronautical

experience requirements for the airplane

single-engine rating, airplane

multiengine rating, rotorcraft helicopter

rating, rotorcraft gyroplane rating, glider

powered rating, glider nonpowered

rating, lighter-than-air airship rating,

lighter-than-air balloon rating, and

powered-lift rating.

The FAA proposed specific revisions

to the aeronautical experience

requirements for commercial pilots by

establishing more flexible training

requirements for commercial pilot

applicants and by integrating the

concept of supervised pilot in command

into the proposed aeronautical

experience requirements. The proposal

decreased the amount of dual

instruction time an applicant would be

required to possess prior to obtaining a

certificate.

The proposal also established

aeronautical experience requirements

for a powered-lift rating. The minimum

number of total hours required to obtain

a commercial pilot certificate remained

unchanged.

Within the category-and class-specific

paragraphs, where applicable, the FAA

revised the existing solo requirements,

dual training time requirements, dual

cross-country requirements, night flight

requirements, and instrument training

time requirements, specifying that these

requirements actually should be

performed in the appropriate category

and class of aircraft. Also, two new dual

cross-country requirements were added:

one for day VFR and one for night VFR

flight. For airplanes, the FAA specified

that the complex airplane requirements

must be class-specific, although a

provision was added permitting the use

of a turbine-powered airplane in lieu of

an airplane that has retractable landing

gear, flaps, and a controllable pitch

propeller.

Comments: GAMA supports requiring

applicants for commercial pilot

certificates to have training and

demonstrate proficiency in the same

category and class of aircraft for which

a rating is sought. According to GAMA,
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16269

pilots who want to exercise commercial

privileges in these types of aircraft will

need to undergo this training, so any

additional cost is minimal and the

margin of safety would be improved.

NATA opposes the requirement in

proposed § 61.129 (a)(3)(ii) and (b)(3)(ii)

that 10 hours of complex training be

class specific in a single-engine airplane

and/or a multiengine airplane. NATA

believes that due to the high cost of

training in complex aircraft, the classspecific requirement greatly increases

the financial burden on students

without additional training benefits.

The commenter specifically states that

the prior option available to students of

using multiengine time to satisfy singleengine complex time requirements,

would be eliminated without

justification. The commenter contends

that neither aircraft training time nor

cross-country time requirements should

be class specific.

In its comment, HAI objects to the

requirements in proposed § 61.129(a)(4),

(b)(4), and (c)(4) for supervised pilot in

command on the approved areas of

operation listed in § 61.127. The

commenter contends that the proposal

would require the performance of

emergency maneuvers that should not

be performed without an instructor. HAI

also questions the 5 hours of night

supervised pilot in command required

in proposed § 61.129(a)(4)(iii), (b)(4)(iii),

and (c)(4)(ii). The commenter questions

whether it is wise to have private or

nonrated pilots flying at night without

an instructor. With regard to the

commercial helicopter rating, HAI

recommends removing proposed

§§ 61.129(c)(3)(iii) and 61.129(c)(4)(ii),

and combining these sections into a new

paragraph (5) that would require 5 hours

of flight time in night VFR conditions,

which would include: one cross-country

flight in a helicopter of at least 2-hours

duration and a total straight line

distance of more than 50 nautical miles

from the original point of departure; and

10 solo takeoffs and landings, each

involving an en route phase of flight.

Most helicopters are not equipped for

instrument flight, and HAI contends

that its recommended change will

prevent the safety hazard of low-time

helicopter pilots and students flying

helicopters away from an airport at

night without an instructor on board the

aircraft.

HAI also addresses the proposed

instrument training requirements for

helicopters in § 61.129(c)(3)(i). The

commenter states that, while the need

for instrument training in a helicopter is

necessary, the availability of helicopter

CFIs is very limited. HAI therefore

suggests expanding the types of flight

instructors who can provide the

required instrument training. The

commenter states that most helicopter

instructors are not instrument

instructors or even instrument rated,

and, therefore, a transition period will

be necessary to train instructors to give

this instruction. In addition, HAI

recommends deleting the instrument

training requirement for gyroplanes in

proposed § 61.129(d)(3)(1) on the

grounds that there are no instrumentequipped gyroplanes at this time.

AOPA also references HAI’s

comments regarding rotorcraft

commercial pilot certification, and

expresses similar concerns with respect

to the instrument requirements for the

commercial airship rating. AOPA

reiterates concerns similar to those

raised in its comments regarding the

requirements for supervised pilot in

command training for private pilots

with multiengine ratings.

Many individual commenters echoed

AOPA’s concerns regarding supervised

pilot in command training for pilots

seeking multiengine ratings. These

commenters express concerns regarding

the safety and ability to obtain

insurance coverage for such flights. One

commenter states that the proposal

contains requirements for training that

are not appropriate to the category and

class of aircraft specified. Some

individual commenters also state that

the instrument training in proposed

§ 61.129(c)(3)(i) should not be required

because many helicopters are not

equipped for instrument flight. For

example, a commenter notes that

proposed § 61.129(d)(3) would require 5

hours of instrument training for the

gyroplane rating, and a 2-hour crosscountry flight. But the commenter states

that there are no gyroplanes equipped

for IFR flight, and there are no

gyroplane instrument ratings or

instrument instructors. The commenter

states that the only two certified

gyroplanes used for training, the

McCullock J2 and Air & Space 18A, are

not capable of a 2-hour flight with

reserves. The individual commenter

also takes issue with the proposed

requirement under § 61.129(d)(3) for 20

hours of training in the areas of

operation under § 61.127(e), stating

there is no reason to increase the

required training hours, especially given

that private pilot requirements would be

reduced.

SSA opposes proposed § 61.129(f) and

suggests different requirements for a

commercial certificate with a glider

rating.

Several individual commenters

opposed proposed § 61.129(a)

requirements because they believed that

the option of obtaining a commercial

pilot certificate without an instrument

rating was being eliminated.

FAA Response: The FAA has retained

the requirements for class-specific

training, however the final rule is

revised to permit certain requirements

such as the solo flight requirements for

the multiengine airplane rating, to be

met in any class of aircraft within an

aircraft category. In response to HAI’s

comment regarding the performance of

emergency maneuvers without an

instructor on board the aircraft, the FAA

notes that other training maneuvers

such as stalls and slow flight, that are

routinely performed in solo flight by

pilot applicants may, when improperly

performed, result in situations that

adversely affect the safety of a flight.

The FAA contends that these maneuvers

when properly performed pose no

adverse risk to the safety of the flight.

Flight instructors should ensure that

emergency maneuvers, like other

maneuvers, only be performed in solo

flight after an instructor determines that

such maneuvers may be safely

performed by the applicant, and under

any restrictions that may be established

by the instructor to ensure the safety of

the flight.

The FAA acknowledges AOPA’s

argument that solo time in multiengine

airplanes may be impractical due to

liability and insurance concerns, and is

therefore replacing the term ‘‘supervised

pilot in command flying’’ with ‘‘flight

time performing the duties of pilot in

command with an authorized

instructor’’ for multiengine airplanes.

The FAA has therefore deleted any

requirement for solo flight time in a

multiengine aircraft.

In response to the concerns of HAI

and others regarding the hazards of

increased night training, the FAA

reiterates its view that safety will be

enhanced because it increased night

training requirements, which will

reduce the likelihood of pilots later

being placed in circumstances where

they may be required to engage in flight

at night without appropriate experience.

The FAA concurs with the comments

of HAI and others that instrument

training may be impractical in

helicopters and gyroplanes and has

accordingly removed category and classspecific references to the instrument

training requirements in § 61.129 for

helicopters and gyroplanes. Similarly,

in response to AOPA and other

commenters, the FAA has modified the

instrument requirements for airships.

Upon reviewing SSA’s comments, and

as a result of the FAA’s decision not to

adopt the proposed separation of the

glider category into powered and
16270 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

nonpowered classes in the final rule, as

discussed in section IV,F, the

requirements for gliders are clarified

and consolidated under one paragraph.

The FAA has also included provisions

set forth in Amendment No. 61–100,

which permit credit to be given for the

use of an approved flight simulator or

approved flight training device. The

FAA notes that Amendment No. 61–100

inadvertently omitted the requirement

for an applicant for a commercial pilot

certificate with an airplane rating to log

at least 100 hours of flight time in

powered aircraft, at least 50 hours of

which must be in airplanes. This

requirement has been reinstated in this

final rule.

In addition, the FAA has added

language to the existing solo crosscountry requirements to ensure pilots

meet minimum standards specified

under Annex 1 to the Convention on

International Civil Aviation. The

additional language requires that an

applicant for a commercial pilot

certificate complete a solo cross-country

flight of a total of not less than 300

nautical miles. The existing rule states

that a cross-country flight must have

landings at a minimum of three points,

one of which is at least a straight line

distance of 250 nautical miles from the

original point of departure. All

commercial pilot applicants with a

private pilot certificate currently meet

the total 300-nautical-mile requirement;

however, private pilots certificated after

the effective date of this rule will not,

due to the decrease in the solo crosscountry flight requirements for private

pilots set forth in this rule. The FAA

wants to ensure that the requirements

under Annex 1 to the Convention on

International Civil Aviation are

specifically met, to facilitate the

acceptance of U.S. pilot certificates

internationally.

Additionally, because the FAA has

withdrawn the proposal to establish a

separate airship instrument rating, the

FAA is reinstating the instrument

aeronautical experience requirements

found in existing § 61.135(c) into

paragraph (g)(3) of the final rule. An

applicant seeking a commercial pilot

certificate with an airship rating must

have 40 hours of instrument time, of

which at least 20 hours must be in

flight, with 10 hours of that flight time

in airships.

Section 61.131 Exceptions to the

night-flying requirements for the

commercial pilot certificate.

Proposed § 61.131 deleted the

exception for applicants who are not

seeking night flying privileges.

However, an applicant with a medical

restriction prohibiting the operation of

an aircraft at night would not have been

required to meet the night flight training

requirements and be issued a certificate

with a limitation prohibiting night

flying. In addition, an applicant who

accomplished flight training in Alaska

would have had 12 months after the

issuance of a temporary airman

certificate to comply with the night

flight training requirements.

The provisions of prior § 61.131

‘‘Rotorcraft ratings: Aeronautical

experience’’ were moved to § 61.129.

Comments: AOPA is concerned about

the special provisions regarding Alaskan

airmen who hold temporary certificates

with the limitation ‘‘night flying

prohibited.’’ AOPA opposes the

wording of § 61.131(b)(2), which would

suspend an airman’s certificate if the

pilot does not complete the night

training requirements within 12

calendar months. AOPA states that the

FAA certificates numerous pilots each

year with permanent night flight

restrictions, and there is no reason why

Alaskan airmen should be singled out

for suspension of their certificates

simply because they fail to remove their

night flight restrictions.

FAA Response: AOPA’s objection is

noted and addressed in the FAA’s

response to AOPA’s comment in

§ 61.110. As in that section, the FAA has

eliminated the reference to a 12-month

temporary certificate from § 61.131 in

the final rule, because current FAA

temporary certificates are valid for 120

days. In addition, by deleting the

exception for pilots who have night

flying restrictions due to medical

conditions, these pilots will now be

required to have 3 hours of night flight

training. However, the certificates of

such pilots will be issued with an

operating limitation prohibiting night

flying. The FAA has determined that

safety will be enhanced because this

requirement will reduce the likelihood

of pilots later being placed in

circumstances where they may be

required to engage in flight at night

without appropriate night training.

Section 61.133 Commercial pilot

privileges and limitations: General.

The FAA proposed to clarify the

privileges for persons who hold a

commercial pilot certificate with respect

to the exercise of certificate privileges

for compensation or hire issue. In

Notice No. 95–11, the FAA proposed to

add the limitation that was in existing

§ 61.129 to proposed § 61.133(b), which

prohibits commercial pilots with an

airplane category rating, but without an

instrument airplane rating, from

carrying passengers for hire in airplanes

on cross-country flights of more than 50

nautical miles or at night. The same

limitation was proposed for commercial

pilots with a powered-lift category

rating, without an instrument poweredlift rating; and a lighter-than-air category

and airship class rating, without an

instrument airship rating. The FAA also

proposed to revise the language ‘‘hot air

balloon with airborne heaters’’ in

existing § 61.139, to ‘‘gas balloons’’ and

‘‘balloons with airborne heaters.’’ The

proposal also revised the language for

the operating limitations that restrict the

pilot privileges to the type of balloon in

which the person accomplishes the

practical test.

The FAA also eliminated from

§ 61.133(c) the privilege in existing

§ 61.139 for commercial pilots with a

lighter-than-air category and associated

class rating to give training in an airship

or free balloon, because of the proposed

flight instructor certificate for the

lighter-than-air category.

Comments: AOPA supports the

clarification of the language in this

paragraph.

FAA response: Paragraph (a) is

adopted as proposed with a minor

editorial change. As discussed in

section IV,D, the FAA has withdrawn

the proposal for an instrument airship

rating and, consequently, the language

relating to this rating was withdrawn

from paragraph (b). As discussed in

section IV,C, the FAA has decided to

withdraw the proposed flight instructor

certificate and allow, in paragraph (c),

commercial pilots with a lighter-than-air

category and associated class rating to

give training in an airship or free

balloon. Except for the changes

previously discussed, as well as format

and editorial changes, this section is

being adopted as proposed.

Subpart G—Airline Transport Pilots

Section 61.151 Applicability

In Notice No. 95–11, the FAA

proposed to establish a section in

subpart G specifying the applicability of

the subpart. No substantive comments

were received on this section, and it is

adopted as proposed.

Section 61.153 Eligibility

requirements: General

In § 61.153, the FAA proposed that an

applicant for any ATP certificate hold a

commercial pilot certificate with an

instrument rating that is appropriate to

the category and class of aircraft for the

rating sought. The FAA also proposed to

delete the current provision that allows

an applicant to be concurrently enrolled

in an instrument rating course upon

application for the certificate. The
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16271

minimum age requirement of 23 years to

take the practical test, but not to take the

knowledge test, was retained. The FAA

also proposed to permit an applicant for

an ATP certificate to hold only a thirdclass medical certificate, while the firstclass medical certificate would continue

to be required to exercise the privileges

of the certificate. In addition, the

proposal eliminated the existing

requirement for an applicant to be able

to ‘‘speak [the English language] without

accent or impediment of speech that

would interfere with two-way radio

conversation.’’ However, applicants

were required in the proposed rule to

read, speak, write, and understand the

English language to be eligible to apply

for the ATP certificate. The proposal

eliminated the requirement that an

applicant be a ‘‘high school graduate or

its equivalent in the Administrator’s

opinion, based on the applicant’s

general experience and aeronautical

experience, knowledge, and skill.’’ In

keeping with procedures for other

knowledge tests, proposed § 61.153

permitted applicants to take the ATP

knowledge test before obtaining the

aeronautical experience necessary for

the issuance of an ATP certificate. The

proposed rule also included

requirements found in existing § 61.155

for applicants who are military pilots,

and applicants who hold a pilot license

issued by a member State of ICAO.

Comments: ALPA and NATA oppose

the deletion of the requirement for ATP

certificate applicants to have at least a

high school diploma. NATA states that

the current requirement is necessary for

full comprehension of aircraft

information, and it can be used to

encourage children who aspire to

aviation careers to remain in school.

ALPA comments that the complexity of

modern air transport increases the need

for a strong academic background. A

few individual commenters also

opposed deletion of this requirement.

AOPA supports elimination of the

requirement that an applicant for an

ATP knowledge test must have 1,500

hours of flight time and possess a valid

first-class medical certificate. GAMA

also supports the provision that permits

an applicant to hold only a third-class

medical certificate when that person

applies for an ATP certificate, because

it allows flexibility and encourages

training without decreasing safety.

HAI opposes proposed § 61.153(e)(1)

requiring an applicant for an ATP

certificate to hold at least a commercial

pilot certificate and an instrument

rating. The commenter contends that it

is a burden to require applicants,

including foreign pilots entering an ATP

program to upgrade their certificates, to

go through the paperwork to obtain a

commercial certificate with an

instrument rating if at the end of ATP

training the applicants will have

exceeded those requirements. HAI

proposes that the rule only require an

applicant to ‘‘meet’’ these requirements

instead of ‘‘holding’’ the commercial

certificate and instrument rating.

Some individual commenters also

objected to the elimination of the high

school diploma requirement for an ATP

applicant. Another commenter endorses

the proposed changes under § 61.153.

FAA Response: In response to

comments regarding the proposed

English language requirements the

provisions regarding English language

proficiency have been standardized

throughout part 61, as discussed in

section IV,G. The stated requirement for

an applicant for an ATP certificate to

possess only a third-class medical

certificate has also been placed in

§ 61.23 as have similar requirements for

other pilot certificates. A first class

medical certificate however is still

required to exercise the privileges of the

ATP certificate. The FAA also contends

that all ATP applicants should possess

the knowledge, skill, and experience

required of a holder of a commercial

pilot certificate with an instrument

rating. This level of initial proficiency

in an ATP applicant can only be

ensured by requiring an applicant to

meet the objective evaluation criteria for

the issuance of the commercial pilot

certificate with an instrument rating.

Regarding ALPA’s and NATA’s

comments on the elimination in this

section of the requirement for a high

school diploma, the FAA’s experience is

that ATP certificate applicants typically

achieve a higher level of education,

which makes the existing requirement

obsolete.

Section 61.155 Aeronautical

knowledge.

Proposed § 61.155 combined the

existing aeronautical knowledge

requirements of applicants for airplane

and rotorcraft ratings, and updated the

list of items of required aeronautical

knowledge for ATP applicants. These

requirements would also apply to the

powered-lift rating. Proposed revisions

included deleting references to air

navigation facilities on Federal airways,

such as rotating beacons, course lights,

and radio ranges, and adding

requirements such as physiological

factors, aeronautical decision making

and judgment, windshear, and resource

management. The proposal also clarified

that an applicant for a type rating would

not be required to take an additional

knowledge test, if the applicant already

held an ATP certificate with the

appropriate category rating.

Comments: GAMA supports the

inclusion of windshear and microburst

awareness, identification and

avoidance, flight crewmember

physiological factors, aeronautical

decision making, and flight deck

resource management in the

aeronautical knowledge requirements

for ATP applicants. GAMA believes that

the statement ‘‘including recognition

and avoidance of wake turbulence’’ was

unintentionally omitted and should be

included in § 61.155.

AOPA cannot support the proposed

requirement for aeronautical decision

making and judgment training until

such time as the material and standards

for this training are disclosed. AOPA

believes that consideration should have

been given to training in air traffic

delays because ATPs are the pilots most

likely to need this type of training.

Approximately 40 comments address

the general issue of requiring training in

human factors, with more than half in

opposition. One individual commenter

calls the proposal ‘‘needless;’’ another

states that while such training is

worthwhile, it is not a regulatory issue.

ALPA, AsMA, and SSA support human

factors training for all levels of pilot

certification. ALPA recommends adding

‘‘pilot fatigue,’’ including both its causes

and impact on operations, to the

training curriculum. ALPA states that

the FAA should provide pilots and

instructors with specific guidance and

references for study. SSA notes that

crew resource management applies even

to single-place aircraft by emphasizing

the importance of an organized cockpit.

According to SSA, the soaring

community recognizes that hypoxia,

hypothermia, and other conditions

affect the pilot, and training on the use

of oxygen is addressed in areas where

flights above 10,000 feet may be

conducted regularly. SSA states that

additional regulation in this area is not

required.

FAA Response: The FAA purposely

deleted the recognition and avoidance

of wake turbulence as an aeronautical

knowledge area for the ATP certificate.

This training was deleted because it is

provided at lower certificate levels

(student and private) and requiring it in

§ 61.155 would be duplicative of these

requirements. The FAA, through this

regulatory review, has made an effort to

eliminate repetitive requirements, and

conform with the ‘‘step-by-step building

block’’ concept of pilot certification.

Also, the FAA has replaced the term

‘‘flight crewmember physiological

factors’’ with ‘‘human factors’’ because

the latter term encompasses the former,
16272 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

and is more commonly recognized and

understood in the aviation community.

As stated in the FAA’s previous

discussion of this issue, the FAA

believes that training in human factors

and aeronautical decision making may

decrease the number of accidents

attributable to pilot error, because the

implementation of similar training in air

carrier operations has decreased

accident rates. This is further discussed

in section IV,H. In response to ALPA’s

comment, the FAA provides pilots and

instructors with guidance materials

regarding human factors and

aeronautical decision making in: AC 67–

2, ‘‘Medical Handbook for Pilots’’; AC

61–107, ‘‘Operations of Aircraft at

Altitudes Above 25,000 feet MSL and/

or MACH numbers (Mmo) Greater Than

.75’’; and in the Airline Transport Pilot,

Aircraft Dispatcher, and Flight

Navigator Knowledge Test Guide.

Section 61.157 Flight proficiency.

Proposed § 61.157 established the

flight proficiency requirements for

applicants for airplane and rotorcraft

ratings, and included separate and

revised areas of operation for the

airplane single-engine rating, airplane

multiengine rating, rotorcraft helicopter

rating, and the proposed powered-lift

rating. The proposed rule also included

specific approved areas of operation for

each rating. In addition, the proposed

rule clarified that the type ratings on a

superseded pilot certificate would be

elevated to the ATP certificate level, for

the category and class of aircraft in

which a pilot satisfactorily

accomplished the ATP practical test.

No substantive comments to this

section were received. This section has

been adopted as proposed and modified

to include the provisions of §§ 61.153

and 61.158, which pertain to the use of

approved flight simulators or approved

flight training devices to obtain an

airplane or helicopter rating. The

changes were set forth in Amendment

No. 61–100. The proposal has also been

modified to include the provisions for

the use of approved flight simulators or

approved flight training devices to

obtain a rating in a powered-lift. This

section also has been revised to include

appropriate limitations for appropriate

tests not taken under instrument flight

rules.

The FAA notes that Amendment No.

61–100 permits a proficiency check

conducted under § 121.441 or checks

conducted under §§ 135.293 and

135.297 to satisfy the requirements of

§ 61.157. This final rule specifies that

these checks must include all

maneuvers and procedures required for

the issuance of a type rating, and that

any check must be evaluated by a

designated examiner or FAA inspector.

Section 61.159 Aeronautical

experience: Airplane category rating.

The FAA proposed that § 61.159

include the prior aeronautical

experience requirements for an airplane

category rating with no substantive

changes.

Comments: AOPA states that although

this section was not changed in Notice

No. 95–11, proposed § 61.159(a)(3),

which is based on an existing

§ 61.155(a)(3), is the source of

considerable misinterpretation by

airmen and FAA personnel, and should

be clarified. The problem lies in the use

of the phrase ‘‘in actual flight,’’ which

has been interpreted incorrectly to mean

that the hours must be flown in actual

IMC. AOPA requests that the rule be

changed to reflect the ‘‘correct and

documented interpretation’’ that an

applicant for an ATP must have 75

hours of instrument time in actual or

simulated IMC, 25 hours of which may

have been obtained in a simulator or

flight training device. AOPA also objects

to proposed § 61.159(c) because there is

no provision for crediting second in

command time such as safety pilot time.

AOPA states that the FAA sought to

rectify this situation in Amendment 61–

71, which ‘‘clearly states that all second

in command time that meets the

requirements of the current § 61.153(c)

may be credited toward the ATP

aeronautical experience requirements.’’

FAA Response: The FAA agrees with

AOPA’s arguments regarding the

confusion produced by the phrase ‘‘in

actual flight’’ and has deleted the word

‘‘actual.’’ An incorrect reference to part

119 certificate holders was also

eliminated. The FAA also agrees with

AOPA’s comment regarding safety pilots

logging second in command time, and

has added § 61.159(c)(1)(iii), which

permits a safety pilot to credit second in

command time toward the total flight

time requirements for an ATP

certificate. In addition, the provisions of

proposed § 61.167(b) and (c) were

placed in § 61.159(d) and (e) in the final

rule. Provisions for the use of approved

flight simulators and approved flight

training devices were also included as

set forth in the final rule, Amendment

No. 61–100.

Section 61.161 Aeronautical

experience: Rotorcraft category and

helicopter class rating.

Proposed § 61.161 sets forth the

aeronautical experience requirements

for an applicant seeking an ATP

certificate with a rotorcraft helicopter

rating. It includes the aeronautical

experience requirements for a rotorcraft

category rating. No substantive

comments were received. The section is

being adopted as proposed, and was

modified only to include provisions for

the use of approved flight simulators

and approved flight training devices.

Section 61.163 Aeronautical

experience: Powered-lift category rating.

Proposed § 61.163 sets forth the

aeronautical experience requirements

for an ATP certificate with a poweredlift category rating. Existing § 61.161,

‘‘Rotorcraft rating: Aeronautical skill,’’

was eliminated, and its existing

provisions were covered in proposed

§ 61.153.

Comments: AOPA and NAFI object to

the proposed section because of their

objection to the FAA’s decision to

establish a powered-lift category rating.

FAA Response: The FAA responded

to objections against the establishment

of the proposed powered-lift category

rating in section IV,F. In the final rule,

the FAA removed the reference to

‘‘actual’’ flight and changed the section

to include provisions for the use of

approved flight simulators and

approved flight training devices.

Section 61.165 Additional aircraft

category and class ratings.

Proposed § 61.165 contained the

provisions of existing § 61.165,

‘‘Additional category ratings,’’ and

included provisions for a powered-lift

category rating.

Comments: AOPA and NAFI object to

the proposed section because of their

objection to the FAA’s decision to

establish a powered-lift category rating.

FAA Response: The FAA responded

to objections against the establishment

of the proposed powered-lift category

rating in section IV,F. The FAA adopted

this section as proposed, with minor

editorial changes.

Section 61.167 Privileges.

Proposed § 61.167 contained the

provisions of existing § 61.171.

Proposed § 61.167(b) also contained the

limitations found in existing

§ 61.155(d). Those limitations applied to

applicants who credit second in

command or flight engineer time in

meeting the total time requirement for

an ATP certificate. No substantive

comments were received to this section,

therefore, the FAA is implementing the

proposed changes. However, the

provisions of § 61.167(b) and (c) in the

proposed rule were moved to

§ 61.159(d) and (e) in the final rule, and

the title of the section was changed from

‘‘General privileges and limitations’’ to

‘‘Privileges’’ because there are no
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16273

limitations in this paragraph. After

further review, the FAA has decided to

restate the privileges in existing § 61.169

in order to clarify that an ATP can

continue to provide instruction in air

transportation service and to include

provisions for providing instruction in

approved flight simulators and

approved flight training devices. Other

clarifying and terminology changes were

also made to this section.

Subpart H—Flight Instructors

Section 61.181 Applicability.

No substantive changes were

proposed for this section, and it is

adopted as proposed.

Section 61.183 Eligibility

requirements.

In proposed § 61.183, the FAA revised

the existing eligibility requirements for

flight instructors. In paragraph (b), the

FAA proposed that an applicant be able

to speak and understand the English

language. The existing rule requires an

applicant to converse fluently.

In proposed paragraph (c), the FAA

added requirements for an applicant for

a flight instructor certificate with a

helicopter, airship, or powered-lift

rating to hold an instrument rating. This

was in addition to the existing

requirement, which only specified that

an applicant for a flight instructor

certificate with an airplane or

instrument rating hold an instrument

rating on his or her pilot certificate.

Proposed paragraphs (d) through (g)

revised existing requirements,

specifying that an applicant would be

required to receive from the ground

instructor or flight instructor who gave

the applicant training or reviewed the

applicant’s home-study course, an

endorsement that states the applicant is

prepared for the knowledge test, and

receive from the flight instructor who

gave the applicant training, an

endorsement that states the applicant is

prepared for the practical test.

Proposed paragraph (j) required

applicants to have logged at least 15

hours of pilot-in-command time in the

category and class of aircraft that is

appropriate to the flight instructor rating

sought. The existing requirement only

applies to flight instructors seeking an

additional rating.

Comments: AOPA and NAFI object to

proposed § 61.183(c)(2)(iii) and (c)(2)(iv)

requirements for flight instructors with

helicopter ratings or airship ratings to

have an instrument rating, because there

is no safety problem under the current

system, and because most operations in

these aircraft are conducted under VFR.

HAI expresses the same opposition with

respect to helicopters, and adds that the

shortage of helicopters equipped for

instrument training would make the

requirement burdensome. If the

proposal were implemented, HAI

recommends a 2-year transition period

during which a CFI could continue to

teach.

With respect to proposed paragraph

(j), SSA supports the requirement that a

pilot must log at least 15 hours of pilotin-command time in the category and

class of aircraft prior to receiving an

initial flight instructor certificate, but

feels it is an excessive requirement in

the case of additional ratings. The

commenter states that while the

economic impact of the 15-hour

requirement for an initial instructor

rating is minimal, the impact would be

significant for additional ratings. SSA

proposes a minimum of 20 hours pilot

in command flight time and 5 hours in

category for an instructor seeking to add

a glider rating to a flight instructor

certificate.

FAA Response: The FAA concurs

with the views of AOPA, HAI, and NAFI

that requiring an applicant for a flight

instructor certificate with a helicopter

possess an instrument rating is

unnecessary and burdensome. The FAA

is therefore deleting this proposed

requirement from the final rule. As the

FAA has decided not to establish a

flight instructor rating for airships, the

proposed requirement that an applicant

for a flight instructor rating for an

airship possess an instrument rating has

also been withdrawn. However, the

FAA has decided that the proposal

remains valid for powered-lift and

instrument ratings. In response to SSA’s

comment regarding 15 hours of pilot in

command experience in category and

class for an additional flight instructor

rating, the FAA notes that this is an

existing requirement as found in

§ 61.191(b). Additionally, the FAA

revised the rule to permit an applicant

to forego taking the knowledge test

specified in § 61.185(a) if certain

equivalent conditions are met by the

applicant. The FAA did not propose to

change this requirement. Except for

these changes and other editorial

changes to include the use of approved

flight simulators and approved flight

training devices, the final rule is

adopted as proposed.

Section 61.185 Aeronautical

knowledge.

In Notice No. 95–11, the FAA

proposed to add the requirement for

flight instructor applicants to receive

and log ground training on the

aeronautical knowledge areas in which

ground training is required for a

recreational pilot certificate. This was

an addition to the existing requirement

for a flight instructor applicant to log

instruction on the aeronautical

knowledge areas relating to the private

and commercial pilot certificates.

Proposed paragraph (b)(2) required a

flight instructor applicant to receive and

log ground training on the aeronautical

knowledge areas in which ground

training is required for an instrument

rating, if that person is applying for a

flight instructor certificate in the

following categories and classes of

aircraft: airplane single-engine, airplane

multiengine, airship, powered-lift, or

any instrument flight instructor rating.

Comments: NAFI approves of

proposed § 61.185(a) requiring a logbook

entry for aeronautical knowledge

training, but the association feels

strongly that this requirement should be

waived for certificated teachers. No

other substantive comments were

received.

FAA Response: The FAA agrees with

NAFI’s comment and has incorporated

language in this section that excepts

certain individuals, including

certificated teachers, from meeting the

requirements of paragraph (a) of this

section. Additionally, minor editorial

changes have been made to the final

rule.

Section 61.187 Flight proficiency.

The FAA proposed to move to

§ 61.195 the existing requirement within

this section addressing the minimum

experience requirements for a flight

instructor who can train first-time flight

instructor candidates.

In Notice No. 95–11, the FAA

proposed paragraphs to list those

specific areas of operation in which an

applicant must receive and log flight

instruction or ground instruction prior

to taking any practical test for a flight

instructor rating. The specific areas of

operation are listed for flight instructors

with ratings in the following categories

and classes of aircraft: airplane singleengine, airplane multiengine, rotorcraft

helicopter, rotorcraft gyroplane,

powered glider, nonpowered glider,

airship, balloon, and powered-lift.

Comments: Substantive comments

objected only to the creation of

proposed new categories, classes, and/or

ratings.

FAA Response: As discussed in

section IV,H, the FAA replaced existing

flight proficiency requirements for

certificates and ratings with general

areas of operation. As discussed in

section IV,F, the FAA has decided not

to adopt the proposal for separate

powered and nonpowered glider class

ratings, and therefore the final rule
16274 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

consolidates proposed glider areas of

operation within one category. As

discussed in section IV,C, the final rule

does not adopt the proposal for flight

instructor certificates in the lighterthan-air category, therefore, the

associated areas of operation have been

deleted. Except for these changes, and

other editorial changes to include the

use of approved flight simulators and

approved flight training devices, the

final rule is adopted as proposed.

Section 61.189 Flight instructor

records.

In Notice No. 95–11, the FAA

proposed that a flight instructor must

use and retain a syllabus to train all

students.

Comments: AOPA opposes the

requirement in proposed § 61.189(a) that

an instructor must sign the logbook of

each person to whom ground training is

given. According to AOPA, the proposal

would require an instructor giving a

presentation to an audience of hundreds

to give an endorsement to all attendees.

AOPA further opposes the requirement

in § 61.189(b)(2) that a flight instructor

must maintain a record of the results of

each practical test or knowledge test for

which an endorsement was provided. It

is AOPA’s position that it is not an

instructor’s responsibility to keep track

of a student’s test results, especially for

instructors in weekend ground schools

and seminars. The commenter opposes

the proposed requirement in

§ 61.189(b)(3) that a copy of each

syllabus used for training be retained,

and AOPA asks if this refers to the

course syllabus or to each syllabus used

for individual students. In addition,

AOPA objects to the proposed

§ 61.189(b)(4) requirement that all

records listed in § 61.189 be retained for

3 years. NAFI and NATA similarly

object to the requirement for an

instructor to keep copies of the syllabus,

stating that this would be a burden on

instructors and a potential source of

litigation. NATA states that student

responsibility could best be ensured by

requiring the student to present a copy

of the syllabus to the designated

examiner during a practical test.

Individual commenters echoed these

associations’ views.

FAA Response: The FAA

acknowledges the concerns of AOPA

regarding logbook entry requirements

and the retention of test results, but

points out that these are existing

requirements. The FAA has withdrawn

the proposal for flight instructors to

follow a written syllabus; therefore, the

recordkeeping requirements of this

section pertaining to syllabuses have

been eliminated. Apart from these and

minor editorial changes, the final rule

has been adopted as proposed.

Section 61.191 Additional flight

instructor ratings.

No substantive changes to this section

were proposed. The requirement in

existing § 61.191(a) that a flight

instructor applicant for an additional

rating must hold a pilot certificate with

ratings appropriate to the flight

instructor rating sought was placed in

proposed § 61.183, which pertains to

eligibility requirements. The

requirement in existing § 61.191(b) that

a flight instructor applicant for an

additional rating must have at least 15

hours of pilot-in-command time in the

category and class of aircraft that is

appropriate to the flight instructor

certificate sought was also placed in

proposed § 61.183.

Comments: As discussed in reference

to proposed § 61.183, SSA opposes

applying the requirement for 15 hours of

pilot in command in appropriate

category and class for additional flight

instructor ratings. HAI objects to

proposed § 61.191 because it no longer

requires a flight instructor to take a

knowledge test for additional flight

instructor ratings. The commenter

recommends retention of the existing

rule, ‘‘with a shortened knowledge test

for additional category ratings.’’

FAA Response: SSA’s concerns are

addressed in the FAA comments to

proposed § 61.183. With respect to

HAI’s concern, the FAA points out that

the knowledge test requirements are

incorporated into § 61.183, and that

§ 61.183(f) requires a flight instructor

applicant to pass a knowledge test on

the aeronautical knowledge areas listed

in § 61.185 (b) and (c) that are

appropriate to the rating on the flight

instructor certificate sought. The final

rule is adopted as proposed.

Section 61.193 Flight instructor

privileges.

In Notice No. 95–11, the FAA

proposed revising the title of this

section from ‘‘Flight instructor

authorizations’’ to ‘‘Flight instructor

endorsements and authorizations.’’

The proposal deleted the existing

detailed listing of types of instructor

endorsements. The listing was replaced

by more general language, although a

detailed list of the certificates and

ratings for which these endorsements

apply was provided.

Although no substantive comments

were received, the final rule was revised

from the proposed rule to eliminate

redundant language. Also, the title of

this section was revised to read ‘‘Flight

instructor privileges’’ to more accurately

reflect the requirements contained in

this section.

Section 61.195 Flight instructor

limitations and qualifications.

The FAA proposed revising the title

of this section from ‘‘Flight instructor

limitations’’ to ‘‘Flight instructor

limitations and qualifications.’’

The FAA proposed to revise, in

proposed paragraph (a), the prior

limitation that a flight instructor may

not conduct more than 8 hours of flight

training in a 24-hour period. The FAA

also proposed to limit a flight instructor

to a total of no more than 8 hours of

flight training and commercial flying in

a 24-hour period.

Proposed paragraph (b)(2) clarified

the current requirement that to give

training in an aircraft that requires a

type rating, the flight instructor must

hold a type rating in that aircraft. The

existing rule implied that the flight

instructor is required to hold a type

rating on the instructor’s pilot and flight

instructor certificates. The proposal

specified that a flight instructor is

required to hold a type rating on his or

her pilot certificate and not the

instructor certificate.

Proposed paragraph (c) clarified that a

flight instructor who gives instrument

flight training for the issuance of an

instrument rating or a type rating that is

not limited to VFR is required to hold

the instrument rating for the category

and class of aircraft for which the

instrument training is being given, on

the instructor’s pilot certificate and

flight instructor certificate.

Proposed paragraph (d) revised the

existing flight instructor endorsements.

The requirement for a flight instructor to

endorse a student pilot’s certificate and

logbook for supervised pilot in

command cross-country flight was

clarified in paragraph (d)(1). Under this

proposal, the flight instructor was

required to determine that the flight

could be performed within any

limitations in the student’s logbook that

the instructor considered necessary for

the safety of flight. The intent of the

proposal was to ensure that the flight

instructor providing the endorsement is

aware of any special limitations

pertaining to an individual student.

Proposed paragraphs (d)(5) and (d)(6)

clarified that the flight instructor who

endorses a pilot’s logbook for a flight

review or an instrument proficiency test

must have conducted that flight review

or instrument proficiency test in

accordance with all applicable

requirements.

Proposed paragraph (f) expanded the

existing rule that requires a flight

instructor to have at least 5 flight hours
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16275

of operating experience as a pilot in

command in the specific make and

model of multiengine airplane or

helicopter, to include powered-lifts. The

complexity and flight characteristics of

these aircraft require that a flight

instructor be proficient in the aircraft

and requires that the flight instructor

requirements for powered-lifts parallel

those requirements for multiengine

airplanes and helicopters.

The FAA proposed in paragraph (g)(1)

to require a flight instructor to give all

training from a control seat that meets

the requirements of § 91.109. Proposed

paragraph (g)(2) clarified that the

aircraft in which training is given

should have at least two pilot seats and

be of the same category and class for

which the rating is sought. The proposal

required a flight instructor who trains a

person who desires to fly a single-place

aircraft to perform the pre-solo training

in an aircraft that has two pilot seats, is

of the same category and class as the

single-place aircraft, and has similar

flight characteristics to that of the

single-place aircraft.

Proposed paragraph (h) revised the

minimum experience requirements for a

flight instructor who can train first-time

flight instructor candidates. In the

existing rule, such requirements are

contained in § 61.187. The FAA added

minimum ground training experience

requirements for an instructor training a

first-time instructor applicant, and

clarified the requirement that a person

not serving as an instructor in an FAAapproved course and providing flight

training to a flight instructor candidate,

have a minimum of 24 months of

experience as a flight instructor. The

FAA also proposed that, in FAAapproved courses, flight instructors who

give training to applicants for an initial

flight instructor certificate may, in lieu

of meeting the previously discussed

requirements, have a record of having

endorsed at least five applicants for a

pilot certificate, with at least 80 percent

having passed the practical test on the

first attempt; and must have given at

least 400 hours of instruction in

airplanes, rotorcraft, or powered-lifts;

100 hours in gliders; or 40 hours in

lighter-than-air category aircraft.

In paragraph (i) of the proposal, the

FAA clarified that a flight instructor

may not make any self-endorsement for

the furtherance of a certificate, rating,

proficiency test, flight review,

authorization, operating privilege,

practical test, or knowledge test.

Comments: AOPA opposes proposed

§ 61.195(a) restricting the number of

hours a flight instructor may fly in a 24-

hour period to 8 hours of flight training

or any combination of commercial

flying and flight training. The

commenter does not believe that the

FAA has demonstrated a need for such

a restriction. According to AOPA, flight

instructors are the lowest paid aviation

professionals in the industry, and they

usually cannot afford to instruct on a

full-time basis. AOPA fears that the

restriction will force more instructors to

leave the profession. HAI also objects to

this proposal and recommends that a

flight instructor have the same dutytime requirements as other commercial

pilots. Commenting on § 61.195(c), HAI

asks for clarification as to whether a CFI

can give the instrument training for a

private certificate or commercial

certificate.

With apparent reference to proposed

paragraph (f), SPA recommends

additional requirements for seaplane

instructors. The commenter

recommends not only a minimum of 5

hours of pilot in command in category

and class but, to ensure that an

instructor has appropriate floatplane or

flying boat experience, a minimum of 5

hours of training in the type of aircraft

in which instruction will take place.

SPA also states that the present system

fails to limit the authority of a pilot

trained in either floatplanes or flying

boats ‘‘to act immediately as pilot in

command in the other class without any

further training.’’ An individual

commenter suggests a requirement

under § 61.195(f) for a flight instructor

to have 5 hours experience as pilot in

command in the make and model of

seaplane and/or gyroplane to give

instruction in that aircraft.

One individual commenter opposes

the proposed paragraph (g)(1)

requirement that an aircraft have dual

flight controls for instruction, because

this may discourage pilots who own

Beechcraft Bonanzas and Barons with

throwover control wheels from

receiving instruction in their own

aircraft. Another commenter opposes

the requirement that all flight training

must be given from a control seat. The

commenter cites instances where this

would not be necessary, such as

instrument instruction with a qualified

safety pilot in the right seat and the

instructor in a jump seat, pilot upgrade

training with a qualified pilot serving as

the other crewmember, and instrument

instructor training while giving an

instrument student concurrent

instruction.

AOPA expresses a concern regarding

the requirement in proposed

§ 61.195(g)(2)(ii) that if supervised pilot

in command flight is to be conducted in

a single-place aircraft, then all presupervised pilot in command training

must be conducted in an aircraft with

two pilot seats, of the same category and

class, and that has ‘‘similar flight

characteristics of the single-place

aircraft.’’ AOPA contends that this

language is very subjective and could be

a source of litigation. The association

recommends deleting this requirement.

On a similar issue, an individual

commenter states that § 61.195(g)(2)(ii)

should provide for cases in which an

owner of a single-place powered glider

may receive supervised pilot in

command flight training in that aircraft.

AOPA and NAFI oppose the existing

and proposed requirement in

§ 61.195(h) that a pilot be an instructor

for at least 24 months before teaching an

instructor applicant. These commenters

state that a minimum amount of

instructional experience requirement

may be appropriate, but the FAA has

failed to prove the need for the specified

200 hours or 24 months of experience

required of a flight instructor training a

first-time flight instructor applicant in

an airplane, rotorcraft, or powered-lift.

SSA supports the proposal’s elimination

of the prior phrase ‘‘immediately

preceding’’ from the provisions of

existing § 61.87(b), because instructors

with years of experience, but who have

been relatively inactive over the

preceding 2 years, would still be eligible

to pass that experience to a new

instructor candidate. SSA states that

these instructors may even be more

qualified than an instructor who has

only 2 years experience.

AOPA and GAMA suggested that the

FAA accomplish its objectives regarding

single-engine and multiengine

proficiency for instrument flight

instructors by means of a limitation in

this proposed section, as an alternative

to the proposed separation of the

instrument instructor rating into singleengine and multiengine classes.

FAA Response: The objections of

AOPA and HAI to the proposed flight

instructor duty time limitations were

reviewed. The FAA agrees, and has

decided to delete the proposed wording

‘‘or any combination of commercial

flying and flight training’’ in the final

rule. The FAA acknowledges the

objections of AOPA and NAFI to the

existing and proposed 200-hour, 24-

month experience requirements for

instructors who train first time

instructor applicants. The FAA did not

propose changes to the provisions to the

existing rule; therefore, AOPA and

NAFI’s recommendations are beyond

the scope of this rulemaking.

Regarding SPA’s comment to require

5 hours of experience as pilot in

command in a seaplane or gyroplane for

instructors providing flight training in

these aircraft, the FAA did not propose
16276 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

this change in Notice No. 95–11;

therefore, the recommended change is

beyond the scope of this rulemaking.

With respect to objections to the

proposed dual control requirements, the

FAA points out that throwover yokes

are permitted for instrument instruction.

The requirement for instruction in an

aircraft with dual flight controls is an

existing requirement in § 91.109, and

this rule merely incorporates that

requirement into the provisions of this

section. The FAA agrees with the

commenter regarding the proposed

rule’s provisions that require all training

to be given from a control seat.

Therefore, the FAA has eliminated

provisions from the rule that required a

flight instructor to occupy a control seat

when providing flight training. The

FAA has concluded that operational

requirements and accident/incident data

do not establish a sufficient safety

justification for this increased regulatory

and economic burden. Regarding

AOPA’s comment on the proposal to

require the use of aircraft with similar

flight characteristics when providing

presolo training to a pilot seeking solo

flight privileges in a single-place

aircraft, the FAA has determined that

the proposed language is vague and has

removed it in the final rule. In addition,

the FAA replaced the phrase ‘‘pilot

seats’’ with ‘‘pilot stations’’. The FAA

made this change to accommodate

balloon category aircraft, which do not

have seats, and therefore make

applicable all categories and classes of

aircraft. In response to AOPA and

GAMA, with respect to separate singleengine and multiengine flight instructor

instrument ratings, the FAA has

withdrawn the proposal as further

discussed in section IV,D. References to

all flight instructor certificates that were

proposed, but not adopted, have also

been deleted. Additionally, paragraph (j)

was added in accordance with

provisions set forth in Amendment No.

61–100. Except for these changes, and

various formatting and editing changes,

the final rule is adopted as proposed.

Section 61.197 Renewal of flight

instructor certificates.

In Notice No. 95–11, the FAA

proposed to revise the existing

requirements of § 61.197 for the renewal

of flight instructor certificates. The

proposal clarified that a record of

training students used as a method of

renewal should indicate that the

instructor trained at least five students,

with at least 80 percent having passed

a practical test on the first attempt. The

FAA also proposed to permit a flight

instructor to renew the certificate

presenting a satisfactory record as a

check pilot, chief flight instructor, check

airman, or flight instructor in an

operation conducted under part 121 or

part 135, or a comparable position

involving the regular evaluation of

pilots. The existing rule does not

include a provision permitting an

instructor to renew the certificate by

presenting a satisfactory record ‘‘in a

comparable position involving the

regular evaluation of pilots,’’ but rather

in ‘‘other activity involving the regular

evaluation of pilots.’’ The FAA also

proposed that satisfactory completion of

renewal requirements within 90 days of

the certificate expiration date would be

deemed to have been accomplished in

the month of expiration.

Comments: Approximately 100

comments address the proposed

modifications to the flight instructor

renewal requirements. Approximately

75 percent of the commenters oppose

the changes, though in some cases

opposition might be based on a

misunderstanding of the proposal. A

number of commenters state they

believe flight instructors might lose

their certificates if they are

insufficiently active or fail to endorse

the requisite number of students for a

practical test. Some comments reflect

the perception that flight instructor

refresher courses could be used for only

two consecutive renewals. Several

commenters state that experienced flight

instructors may not endorse many

students for practical tests, but

nevertheless remain active giving flight

reviews, training in tailwheel or highaltitude airplanes, and instrument

competency checks. Another

commenter states that flight instructor

refresher courses are not sufficient for

instructors to maintain competency, and

the instructors should demonstrate

knowledge and competency to an FAA

inspector or examiner for certificate

renewal.

AOPA and NAFI object to the removal

of the provision that allows flight

instructors to renew their certificates by

demonstrating competence to the local

FAA office. NAFI states that this option

is generally used by CFIs in an approved

instructor course without a problem.

AOPA comments that it is unaware of

any safety problems or administrative

burdens associated with this option,

which is used by full-time instructors at

part 141 schools. An individual

commenter notes that proposed

§ 61.197(b)(2) eliminates the regulation’s

current inclusion of pilots in command

of aircraft operated under part 121,

stating that all but ‘‘check airmen’’

would be deleted by the proposal’s

listing of air carrier-related activity that

would qualify holders of flight

instructor certificates for renewal

without accomplishing a practical test.

Another commenter advocates

including activity as a flight instructor

at a pilot school approved under part

141.

AOPA expresses support for proposed

§ 61.197(c), which states that if an

instructor takes any of the steps

outlined in § 61.197 within 90 days of

a certificate’s expiration date, then the

renewal requirements are considered

accomplished within the month due

rather than in the month of renewal.

The commenter states that the current

regulation penalized an instructor for

renewing a certificate early.

FAA Response: The FAA points out

that completion of a flight instructor

refresher clinic will continue to remain

a valid renewal option under this final

rule, and that its completion may be

used for any number of successive

renewals. In response to AOPA and

NAFI’s objection to the removal of

provisions that allow flight instructors

to renew by demonstrating competence

to the local FSDO, the FAA notes that

it did not remove these provisions, and

that they have been included in

§ 61.197(a)(2). This paragraph lists what

must be contained in an individual’s

record of instruction and establishes

specific criteria upon which certificate

renewal will be based. In response to

the elimination of the term ‘‘pilot in

command’’ from the proposed rule, the

FAA notes that deletion of the term

‘‘comparable position’’ from proposed

paragraph (b)(2) would continue to

permit a pilot other than a ‘‘check

airman’’ who is involved in the regular

evaluation of pilots to renew a flight

instructor certificate under that

paragraph’s provisions.

In paragraphs (a)(2)(iii) and (b) of the

final rule, the FAA has replaced the

words ‘‘expiration date’’ with

‘‘expiration month’’. The proposed

change, for example, would permit a

certificated flight instructor whose

certificate expired on April 30, 1997, to

renew that certificate if the person

accomplished any one of the renewal

options specified in § 61.197 as early as

January 2, 1997. The renewal date for

the new certificate would be April 30,

1999. This change reflects existing FAA

policy. Additionally, paragraph (c) was

added to permit the practical test for a

flight instructor certificate or additional

rating to be conducted in an approved

flight simulator or approved flight

training device. Except for these

changes, the final rule is adopted as

proposed.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16277

Section 61.199 Expired flight

instructor certificates and ratings.

No substantive changes were

proposed in this section. No substantive

comments were received, and except for

minor editorial changes, the final rule is

adopted as proposed.

Section 61.201 [Reserved.]

The FAA proposed that this section

be titled ‘‘Conversion to the current

flight instructor ratings.’’ The FAA

proposed that existing § 61.201 include

provisions for current certificate holders

to obtain new flight instructor

certificates and ratings that were

proposed in Notice No. 95–11. The

proposed certificates are discussed in

sections IV,C; IV,D; and IV,F.

Comments: NAFI objects to the

creation of the new flight instructor

ratings and the proposed conversion

requirements for current instructors to

obtain those ratings. According to NAFI,

many instructors will be unable to meet

the conversion requirements, and for

some of the ratings, few if any will

qualify, effectively revoking the majority

of existing FAA flight instructor

certificates. The commenter states that

the FAA has failed to show a safety

problem with the existing system of

instruction. NAFI asks that all current

instructors be ‘‘grandfathered’’ into the

equivalent new certificates without any

additional requirements.

AOPA also opposes not only the new

flight instructor ratings, but the

proposed conversion scheme method for

current flight instructor certificates.

AOPA comments that the proposed

method is not a conversion at all but

rather a complete set of new

requirements that cannot be met except

by a small number of instructors. The

commenter contends that a large

percentage of the country’s instructor

certificates are being effectively revoked

by the proposal, imposing significant

economic and administrative burdens

on flight instructors. AOPA believes that

the FAA has not demonstrated a safety

problem with the existing system and

insists that all current flight instructors

(including commercial balloon pilots)

should be granted any equivalent new

certificate without any additional

experience, training, or testing

requirements. NAFI echoes the views of

AOPA.

With respect to the proposed

multiengine rating for instrument flight

instructors, NATA states that although it

is opposed to the proposal, all CFIIs

who are also MEIs should be given the

new certificate.

An individual commenter states that

the conversion of certificates provisions

proposed in § 61.201 should require an

‘‘unexpired’’ flight instructor certificate

as a prerequisite for conversion.

FAA Response: Upon review of the

comments, as discussed in sections

IV,C; IV,D; and IV,F, the FAA has

decided not to adopt any new flight

instructor ratings. Therefore, no

conversion provisions are needed. The

proposed section is therefore deleted in

the final rule.

The FAA notes that Amendment No.

61–100 reinstated the requirement for

‘‘24 hours of ground and flight training

for a flight instructor refresher clinic.’’

Paragraph (a)(2)(iii) of this final rule

does not contain that requirement.

Subpart I—Ground Instructors

In Notice No. 95–11, the FAA

proposed to include revised ground

instructor certificates and ratings in part

61. The FAA also proposed establishing

ground instructor certificates that were

category specific (airplane, rotorcraft,

glider, lighter-than-air, and instrument).

The proposal contained eligibility

requirements for ground instructor

certificate applicants, including a

requirement that all applicants read,

write, speak, and understand the

English language.

Comments: Most commenters oppose

the category-specific ground instructor

ratings. Many commenters also oppose

the English language requirement

because of its affect on deaf instructors.

FAA response: The FAA is adopting

the proposal to move the ground

instructor requirements to part 61.

However, the FAA is not adopting the

category-specific ground instructor

certificates as discussed in the analysis

of § 61.5(d). Therefore, this subpart has

been rewritten to restore the existing

basic, advanced, and instrument ground

instructor ratings. The proposed

sections on aeronautical knowledge,

ground instructor proficiency, ground

instructor records, additional ground

instructor ratings, ground instructor

endorsements and authorizations,

recency of experience for the holder of

a ground instructor certificate, and

conversion to current system of ground

instructor ratings are not adopted in the

final rule. Therefore, a section-bysection analysis of those proposals is

not included.

In response to commenters’ concerns

regarding the English language

requirements, the FAA has added

language to § 61.213(a)(2) providing that

if an applicant is unable to meet one of

the English language proficiency

requirements for medical reasons, the

Administrator may place operating

limitations on the applicant’s pilot

certificate that are necessary for the safe

operation of the aircraft. This change is

discussed in greater detail in section

IV,G.

This subpart reflects existing

requirements with editorial and format

changes to clarify the privileges and

limitations of the ground instructor

ratings, and to permit a seamless

integration of part 143 into part 61.

Part 141—Pilot Schools

Subpart A—General

Section 141.1 Applicability.

The proposed section contained only

format revisions. No substantive

comments were received on this section;

it is adopted in the final rule with

formatting changes.

Section 141.3 Certificate required.

In Notice No. 95–11, the FAA

proposed minor format changes. No

substantive comments were received on

this section; it is adopted in the final

rule as proposed.

Section 141.5 Requirements for a pilot

school certificate.

In Notice No. 95–11, the FAA

proposed to revise pilot school quality

of training requirements.

The FAA proposed to replace the

existing title ‘‘Pilot school certificate’’

with ‘‘Requirements for a pilot school

certificate.’’

Proposed paragraph (a) specified that

the application is to be completed in a

manner prescribed by the

Administrator.

In proposed paragraph (b), the FAA

clarified that an applicant for a pilot

school certificate must hold a

provisional pilot school certificate for at

least 24 calendar months prior to

applying for a pilot school certificate.

The FAA proposed in paragraph (d) to

modify existing pilot school quality of

training requirements, which must be

met within 24 calendar months prior to

the application. The existing rule states

that an applicant must train at least 10

students for a pilot certificate or rating,

and that at least 8 of the school’s 10

most recent graduates pass the practical

test the first time. The FAA proposed to

require that the applicant train and

recommend 10 students, either for: (1) a

knowledge or practical test for a pilot,

flight instructor, or ground instructor

certificate or rating, in which case at

least 80 percent of the applicants must

have passed the test on the first attempt

on a test conducted by an FAA

inspector, or an examiner who is not a

school employee; or (2) an end-of-course

test for a training course specified in

appendix K to this part.
16278 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Comments: The operator of a balloon

school suggests eliminating the

requirement in proposed § 141.5(d)(1)

that the examiner be independent of the

school. The commenter states that the

discussion of part 141 issues indicates

that the intent was to require schools

that train to a standard to have 80

percent of their students pass a

knowledge test or practical test given by

an FAA inspector or designated

examiner not employed by the school.

The commenter states that there is no

indication that the intention was to

require students of all schools to be

examined by nonemployees of the

school, but the language of proposed

§ 141.5(d)(1) would so require. The

commenter states that this would create

a hardship on balloon schools because

of the relative scarcity of qualified,

active balloon examiners. The

commenter states that the nearest

independent examiner to its school is a

competitor, and the nearest FAA

inspector who also is a qualified balloon

examiner is 500 miles away. Another

flight school commenter states similar

objections to the same paragraph for

flight schools in general. According to

the commenter, the selection process for

FAA-designated examiners, as well as

the quality of training requirements

specified are an adequate check against

an examiner failing to be impartial.

Flight schools and students could suffer

time and cost burdens due to difficulties

in scheduling check rides.

FAA Response: Because of the size of

some part 141-approved schools, the

FAA does not have sufficient personnel

resources to respond to all the demands

that would be generated by this

proposal. In addition, the FAA

considers designated examiners to be

representatives of the Administrator,

rather than employees of a school, when

they are conducting practical tests. This

does not preclude these examiners from

otherwise being employed by a school.

To prevent confusion, the FAA has

deleted from paragraph (d)(i) the

following language: ‘‘a test that was

conducted by an FAA inspector or an

examiner who is not an employee of the

school’’, and replaced this language

with ‘‘the required test’’. In addition, the

FAA reformatted this section and added

the phrase ‘‘or any combination of those

tests,’’ to reflect the FAA’s intent with

respect to pass rates. Except for these

changes, the final rule is adopted as

proposed.

Section 141.7 Provisional pilot school

certificate.

The FAA did not propose any

substantive changes for this section, nor

were any substantive comments

received. The final rule is adopted as

proposed.

Section 141.9 Examining authority.

No modifications were proposed for

this section, nor were any substantive

comments received. Except for a minor

editorial change, the final rule is

adopted as proposed.

Section 141.11 Pilot school ratings.

The FAA proposed to change this

section by reorganizing the certificate

courses in the existing rule and

eliminating the test courses. No

substantive comments were received.

The final rule, however, adds the

corresponding appendix references to

the list of courses for clarification

purposes. This section is adopted in the

final rule, with these changes.

Section 141.13 Application for

issuance, amendment, or renewal.

Proposed § 141.13 revised the

requirement in the existing rule that

requires a pilot school to submit three

copies of a training course outline for

the issuance or amendment of a pilot

school certificate or rating. The FAA

believes that two copies of the training

course outline are sufficient. No

substantive comments were received,

and this section is adopted in the final

rule as proposed.

Section 141.15 Location of facilities.

In Notice No. 95–11, the FAA

proposed more permissive language for

this section consistent with the

proposed changes in § 61.2. No

substantive comments were received on

this proposal, and it is adopted as

proposed.

Section 141.17 Duration of certificate

and examining authority.

The FAA proposed to change the title

of this section and to add paragraph

(a)(5), which stated that a pilot school

or provisional pilot school certificate

expires whenever ‘‘the Administrator

has determined a school has not acted

in good faith with a student to whom it

has a contractual agreement to provide

training.’’ The proposal also included

minor editorial and format changes.

Comments: GAMA, HAI, and NATA

oppose the proposal to permit the FAA

to revoke a school’s authority if the

Administrator determines that the

school has not acted in good faith with

a student. HAI states that the issue of

‘‘good faith’’ is not a regulatory issue.

GAMA believes that the FAA should

judge a part 141 school by the quality

of its training, the performance of its

students, and its adherence to the FAR.

GAMA states that disputes between a

school and a student should be left to

the legal system. NBAA recommends

deleting the language concerning ‘‘good

faith,’’ because it would create new

problems for the FAA involving

‘‘contract arbitration between flying

schools and disgruntled students.’’ A

balloon school also expresses

opposition to the ‘‘good faith’’ language.

FAA Response: After review of the

comments, the FAA has decided to

withdraw proposed paragraph (a)(5)

because of the concerns expressed by

the commenters. In addition, the FAA

deleted the language ‘‘otherwise

terminated’’ from proposed paragraphs

(a) and (c) because the use of the phrase

is redundant.

The proposal is adopted with these

changes.

Section 141.18 Carriage of narcotic

drugs, marihuana, and depressant or

stimulant drugs or substances.

The FAA proposed only editorial

changes to this section, and no

substantive comments were received on

the proposal. After further review, the

FAA has decided to retain the language

used in existing § 141.18 and not to

adopt the language proposed in Notice

No. 95–11.

Section 141.19 Display of certificate.

In Notice No. 95–11, the FAA

proposed format revisions to this

section. No substantive comments were

received on this proposal, and it is

adopted as proposed.

Section 141.21 Inspections.

The FAA proposed format changes to

this section. No substantive comments

were received on this proposal, and it is

adopted with a minor editorial change.

Section 141.23 Advertising

limitations.

The FAA proposed to revise this

section to clarify that courses are

approved under part 141. No

substantive comments were received on

this proposal. After review, the FAA has

decided to delete the language

‘‘otherwise terminated’’ from paragraph

(c)(2) because the use of the phrase is

redundant. The proposal is adopted

with this change.

Section 141.25 Business office and

operations base.

The FAA proposed only minor format

changes to this section. No substantive

comments were received addressing this

section, and it is adopted as proposed.

Section 141.26 Training agreements.

Although the FAA did not propose

this section in Notice No. 95–11, the
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16279

section was adopted in Amendment No.

61–100. It is included in this final rule

as previously adopted.

Section 141.27 Renewal of certificates and

ratings.

In Notice No. 95–11, the FAA

proposed revisions to the certificate

renewal requirements of § 141.27.

Proposed paragraph (a)(1) eliminated

the current requirement that the renewal

of a certificate must be obtained no less

than 30 days prior to the expiration of

the pilot school certificate. The less

restrictive wording ‘‘may apply ...within

30 days’’ was proposed.

Proposed paragraph (a)(2) specified

that renewal of a pilot school certificate

and rating is contingent on the

Administrator determining that the

school meets the requirements of this

part with respect to its personnel,

aircraft, facility and airport, approved

training courses, and training records, as

well as the recent training activity and

training quality requirements of

proposed § 141.5(d). The existing rule is

more general, stating only that the

Administrator has to determine that the

school meets the requirements

prescribed for this part. The

requirement to meet § 141.5(d)

effectively modified the school’s quality

of training requirements for renewal.

Proposed paragraph (a)(3) clarified

that a school that does not meet the

proposed renewal requirements may

apply for a provisional pilot school

certificate if the school meets the

requirements of proposed § 141.7 of this

part.

The FAA also proposed minor

editorial and format changes to

paragraph (b).

Comments: A flight school states that

the limitations inherent in the proposed

rule on the use of school-employed

examiners are not justified, and could

delay checkrides at great cost to the

student. The commenter states that ‘‘the

school’s POI should be allowed to

continue the best course of action

concerning the certification process.’’

FAA Response: The FAA

acknowledges the commenter’s concern,

and points out that the requirement in

§ 141.5 that tests be conducted by an

FAA inspector or an examiner who is

not an employee of the school has been

withdrawn from the final rule. The

proposed rule is adopted as proposed

with minor editorial and format

changes.

Subpart B—Personnel, Aircraft, and

Facilities Requirements

Section 141.31 Applicability.

No substantive changes were

proposed for this section, however, the

existing rule was reformatted.

Comments: A balloon school operator

states that the proposed § 141.31(b)(2)

language ‘‘must have: a written lease

agreement of the...airport’’ imposes a

requirement to lease an airport. The

commenter states that this language

should be deleted, because it is not

possible for it to lease an airport.

FAA Response: The FAA concurs

with the commenter’s concern and has

edited the relevant language in the final

rule.

Section 141.33 Personnel.

Proposed paragraph (c) clarified that

the assistant chief instructor would be

required to meet the requirements of

proposed § 141.36.

Proposed paragraph (d) permitted a

pilot school to designate check

instructors to conduct student stage

checks, end-of-course tests, and

instructor proficiency checks, subject to

specified conditions.

Comments: NATA states that the

addition of language in proposed

§ 141.33(a)(2) appears to mandate the

employment of dispatchers, aircraft

handlers, or line service personnel.

NATA contends the current language

only requires that these personnel be

trained ‘‘if’’ they are employed. HAI and

NBAA echo NATA’s opposition to this

proposed rule. NATA also recommends

that the current requirement for a part

141 school to provide a copy of the

school’s safety procedures and practices

be reinstated in the new rule. Individual

commenters, including a flight school,

express the same concern.

The provisions in proposed paragraph

(d) for designating a check instructor

apparently confuse certain commenters

who may be unsure whether it is an

optional change or a mandatory change.

One commenter asks for clarification

regarding the intent, as well as whether

the 50 students are to be enrolled at a

given time or within the past year, and

whether the proposal means a part 141

school with fewer than 50 students

enrolled cannot conduct flight

instructor proficiency checks and stage

checks.

FAA Response: The FAA did not

intend to mandate the employment of

the personnel listed in paragraph (a)(2),

only that, if employed, they be properly

trained. The final rule modifies this

language. The final rule also includes

references in paragraph (a)(1) and (a)(3)

to commercial pilots with a lighter-thanair-rating. In response to the

commenter’s concerns regarding

paragraph (d), the FAA notes that the

rule explicitly requires a student

enrollment of at least 50 students at the

time designation is sought. The FAA has

determined that 50 students is the

maximum for which one chief instructor

or assistant chief instructor could

reasonably provide checks, and,

therefore, permits a pilot school or

provisional pilot school to designate

check instructors for conducting student

stage checks, end-of-course tests, and

instructor proficiency checks.

The proposed rule is adopted with

these changes and other minor editorial

changes.

Section 141.35 Chief instructor

qualifications.

In Notice No. 95–11, the FAA

proposed to delete the existing

requirement that a person who applies

for the position of chief ground

instructor have 1 year of experience as

a ground instructor at a certificated pilot

school.

No substantive comments were

received on this proposal. Paragraph (e)

was added to the section in the final

rule. This paragraph reflects the existing

requirement in § 141.35(e), which

provides that to be eligible for

designation as chief instructor for a

ground school course, a person must

have at least 1 year of experience as a

ground school instructor in a

certificated pilot school. The FAA

believes it is necessary for instructors to

be more experienced. Except for this

change and other editing and formatting

changes, the final rule is adopted as

proposed.

Section 141.36 Assistant chief

instructor qualifications.

In this section, the FAA proposed to

delete the existing requirement for a

person who applies as an assistant chief

ground instructor to have 1 year of

experience as a ground instructor at a

certificated pilot school.

No substantive comments were

received on this proposal.

Upon further review, the FAA has

decided to reinstate the requirement in

existing § 141.36(e). However, this

requirement has been modified to

provide that to be eligible for

designation as an assistant chief

instructor for a ground school course, a

person must have 6 months experience

as a ground school instructor in a

certificated pilot school, as opposed to

the 1-year experience requirement in the

existing rule. The proposed rule is

adopted with this change, and other

minor editing and formatting changes.
16280 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 141.37 Check instructor

qualifications.

The FAA proposed to include the

existing requirements of § 141.37,

‘‘Airports,’’ in proposed § 141.38.

Proposed § 141.37, ‘‘Check instructor

qualifications,’’ established the

proposed qualifications required for a

person to be designated as a check

instructor.

The FAA proposed to permit certain

schools approved under part 141 to

designate check instructors to conduct

stage checks and end-of-course tests,

and instructor proficiency checks. The

designated check instructors would be

required to hold appropriate flight or

ground instructor certificates.

Comments: A flight school states that

the proposal is an ‘‘excellent

improvement’’ that will facilitate

completion of stage checks and end-ofcourse tests for large flight schools and

reduce costs by not requiring assistant

chief instructors to travel to FSDOs for

testing and approval. The commenter

also states it will reduce the workload

of annual standardization for chief

instructors of large flight schools.

Another commenter requests deletion

of the proposed requirement under

§ 141.37(a)(2)(iii) that a check instructor

hold a second-class medical certificate.

A flight school commenter questions

why only a chief instructor, and not a

assistant chief instructor, can give the

required proficiency test proposed in

paragraph (a)(2)(vi).

FAA Response: References to medical

certificate requirements in this section

have been deleted from the final rule.

For further discussion, see the analysis

of § 61.23. After further review, the FAA

has decided to permit the assistant chief

to give a proficiency test. The assistant

chief instructor was included as an

individual able to give proficiency tests

because, the FAA has determined that

an assistant chief instructor has the

qualifications necessary to give

proficiency tests to check instructors.

The final rule reflects this change.

Section 141.38 Airports.

The FAA proposed to include the

requirements of the existing § 141.37 in

this section. The proposed section also

revised the existing rule by permitting

pilot schools at airports used for night

training flight in seaplanes to use

adequate nonpermanent lighting or

shoreline lighting approved by the

Administrator. The FAA believes that

the existing regulation for permanent

lighting at all airports used by a pilot

school for night training is not necessary

at an airport or seaplane base used for

night training flight. Adequate

nonpermanent lighting or shoreline

lighting is available for night seaplane

takeoff and landing operations.

No substantive comments were

received. Except for the addition of the

word ‘‘seaplane base’’ in the provisions

for seaplane training in the final rule

and other editorial changes, the final

rule is adopted as proposed.

Section 141.39 Aircraft.

In Notice No. 95–11, the FAA

proposed to expand aircraft

maintenance requirements and reformat

this section.

Proposed paragraph (a)(2) revised the

airworthiness certificate requirement.

The existing rule requires a standard

airworthiness certificate, except for

aircraft used for flight instruction and

solo flights in a course of training for

agricultural aircraft operations, external

load operations, and similar aerial work

operations. The revised language was

more general and required either a

standard or primary airworthiness

certificate, unless the Administrator

determined that, due to the nature of the

approved course, an aircraft without

such a certificate may be used.

Proposed paragraph (a)(3)(i) stated

that aircraft used by a pilot school

certificate or a provisional pilot school

certificate holder be maintained in

accordance with subpart E of part 91. In

proposed paragraph (a)(3)(ii), a new

requirement was proposed. The school’s

aircraft were required to be maintained

under an inspection program for each

airframe, aircraft engine, propeller,

appliance, and component part

maintained. The details of the required

inspection program were listed in

proposed paragraph (b).

Proposed paragraph (a)(4) retained the

existing requirement that aircraft used

in flight training must be at least twoplace aircraft with engine-power

controls and flight controls easily

reached and operated from both pilot

stations.

Proposed paragraph (a)(5) required

that the school’s aircraft used for the

demonstration of instrument skills be

equipped and maintained for IFR

operations.

Comments: NATA suggests deleting

the new maintenance requirements for

an ‘‘inspection program’’ contained in

proposed § 141.39(a)(3) and (b). The

commenter states that singling out part

141 aircraft is discriminatory and

without safety benefits. NATA contends

that this proposal would increase the

cost of training at part 141 schools and

may force many students to switch to

part 61 training. HAI and NBAA voice

similar concerns over this proposed

rule.

GAMA also comments on proposed

§ 141.39 and states that it does not

provide part 141 schools with the

option of maintaining and inspecting

their aircraft to part 91 standards.

GAMA believes that part 91

maintenance requirements and

inspections are adequate for this

segment of the training industry. The

commenter contends that the proposal

would provide little benefit but would

place a heavy financial burden on an

important segment of the aviation

industry.

An individual commenter states that

the revised maintenance requirements

would constitute a hardship for smaller

schools; both the progressive inspection

system and the system of 100-hour/

annual inspections work well, the

commenter states.

HAI and NBAA express concern about

proposed § 141.39(a)(5), which requires

that a school’s aircraft used for the

demonstration of instrument skills be

equipped and maintained for IFR

operations. NBAA states that most light

helicopters used in instrument training,

such as the Robinson R–22, are not

certificated or economically capable of

being certificated for IFR operations.

These commenters suggest that the

proposal be modified to ensure that the

rule does not impact instrument training

under VMC. Specifically, the

commenters propose adding the

following language: ‘‘However, for

instruction in the control and precision

maneuvering of an aircraft by reference

to instruments, the aircraft may be

equipped as provided in the approved

course of training. Aircraft not certified

for IFR operations may be used for

instrument training provided the flight

is conducted under VMC.’’ Individual

commenters joined in HAI’s concerns.

Several commenters reference the

proposed and existing requirement for

access from either pilot station to engine

and flight controls. These commenters

state that balloons do not have such

controls, and that requiring easy access

to flight controls prevents instruction in

aircraft with throwover yokes, such as

the Beechcraft Bonanza.

FAA Response: Commenters’

concerns over the proposed inspection

program were noted. Upon reviewing

the issue, the FAA has decided not to

adopt the proposal in the final rule. The

inspection program was not proposed

for other operations that engage in

similar types of training under part 61,

and would have increased costs with no

commensurate safety benefit. The FAA

has determined that compliance with

subpart E of part 91 ensures an adequate

level of safety. Furthermore, the

proposal placed part 141 schools at an
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16281

unwarranted economic disadvantage.

The concerns of HAI, NBAA, and

others, regarding aircraft used for

instrument training, also were

considered. In response, the FAA has

modified the requirement to apply only

to aircraft used in a course involving

IFR en route operations and instrument

approaches. In response to comments on

the required accessibility of flight

controls, the words ‘‘flight controls’’

have been deleted to accommodate

throwover yokes. The reference to ‘‘twoplace aircraft’’ has been changed to

‘‘two-pilot stations’’ to include training

in balloons. References to the proposed

term ‘‘supervised pilot in command’’

have been replaced by ‘‘solo’’ as

discussed in the analysis of § 61.1. The

FAA also renumbered this section in the

final rule.

The rule is adopted with these

changes.

Section 141.41 Flight simulators, flight

training devices, and training aids.

In Notice No. 95–11, the FAA

proposed to change the title of the

existing § 141.41, ‘‘Ground trainers and

training aids,’’ to ‘‘Flight training

devices and training aids.’’ The

proposed section included no

substantive changes.

Comments: A flight school refers to

the proposed regulation on flight

training devices as ‘‘superfluous,’’

stating that it leads to confusion.

According to the commenter, flight

training devices are well defined in ACs

120–40 and 120–45, as amended. The

commenter states that referencing flight

training devices in this section puts the

FSDO at odds with the national

simulator program. Another flight

school states that the FAA is not doing

enough to increase the use of flight

training devices and simulators. The

commenter proposes multiple levels of

simulators and flight training devices,

depending on the task being simulated.

FAA Response: The FAA recently

published Amendment No. 61–100. The

FAA has revised the title of this section

to include flight simulators and revised

the section to conform with the

definitions of ‘‘flight simulator’’ and

‘‘flight training device’’ as set forth in

that rule. The proposed rule is adopted

with these changes. Those flight training

devices previously approved under the

provisions of this section may continue

to be used, provided that they continue

to meet the design criteria and

functional requirements for which they

were originally approved.

Section 141.43 Pilot briefing areas.

The FAA proposed formatting

modifications for this section.

Comments: A balloon school operator

objects to the wording in proposed

paragraph (a) requiring ‘‘use of a

briefing area located at each airport,’’

because balloon schools and some other

types of flight schools may be located at

an area other than an airport, or there

may be off-airport briefing areas. The

commenter requests that balloon

schools be excluded from the

requirement.

FAA Response: The FAA notes that

the commenter refers to an existing

requirement. The FAA did not propose

to change this requirement, therefore

any change would be beyond the scope

of this rulemaking. The final rule is

adopted as proposed.

Section 141.45 Ground training

facilities.

Format modifications were proposed

for this section. No substantive

comments were received, and the final

rule is adopted as proposed.

Subpart C—Training Course Outline

and Curriculum

Section 141.51 Applicability.

No modifications were proposed for

this section, and it is adopted as

proposed.

Section 141.53 Approval procedures

for a training course: General.

In Notice No. 95–11, the FAA

proposed to change the title of this

section. The proposal also required that

two copies of each training course

outline be submitted to the FAA instead

of the three copies required under the

existing rule. In addition, the proposal

required that, commencing 1 year after

the effective date of the rule, an

applicant for a pilot school certificate or

provisional pilot school certificate

would only request approval for the

new training courses. The FAA also

proposed formatting changes to this

section.

No substantive comments were

received on this proposal. After further

review, the FAA modified the proposal

to delete proposed paragraph (c) and

replace it with a provision that provides

that a training course submitted for

approval prior to the effective date of

the rule shall, if approved, retain that

approval for 1 year. The new provision

further provides that an applicant for a

pilot school certificate or provisional

pilot school certificate may request

approval of the training courses listed in

141.11(b). The FAA implemented this

change in order to provide adequate

time for existing part 141 schools, and

schools that are in the process of

obtaining approval, to add the new

courses to and modify their school

certificate.

The proposed rule was adopted with

these changes.

Section 141.55 Training course:

Contents.

In Notice No. 95–11, the FAA

proposed to change the title of this

section. In addition, the FAA proposed

to permit pilot schools to seek approval

of training courses that train to a

performance standard and to modify a

pilot school’s quality of training

requirements.

Section 141.55 (a), (b), and (c)

The FAA proposed formatting and

editorial changes to these sections. No

substantive comments were received on

these changes.

Section 141.55(d)

The FAA proposed that, to apply for

initial approval of a course that trains

students to a standard, the school would

be required to meet the following

requirements: (1) hold a pilot school

certificate and have held that certificate

for at least the prior 24 calendar months;

and (2) have an FAA inspector or

designated examiner who is not an

employee of the school give the

practical test or knowledge test. Under

the proposal, a school could not request

approval for a period longer than 24

calendar months. In addition, the

proposal required pilot schools to

specify planned ground and flight

training time requirements for these

courses.

Comments: NATA strongly supports

the FAA initiative of ‘‘training to a

standard’’ in part 141. NATA, however,

finds that the standards needed to meet

the minimum-hour waiver vary in each

local FSDO. The commenter feels that

this creates unfair discrimination;

therefore, NATA recommends that these

standards be regulated and approved on

a national level but maintained on a

local level. GAMA also states that

schools training to a standard should

not be regulated by a local FSDO

because it leads to a situation where one

large part 141 school with multiple

locations is regulated by several FSDOs,

all with different requirements and

interpretations of the regulations.

GAMA also suggests regulating these

schools at the national level with one

FSDO appointed as ‘‘lead’’ for all

locations. According to GAMA, a

nationally standardized program would

be much more beneficial to students and

the training industry, and such a

program would continue to provide a

strong level of safety.
16282 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

HAI expresses concerns about the

requirements of proposed § 141.55(d).

The commenter states that a small flight

school may not have 10 students

complete the course in the 24-month

period, and therefore the school will be

unable to have an approved course with

less than the part 61 requirements. HAI

suggests adding language to permit a

school to petition the Administrator for

provisional continuance for an

additional 24-month period in order to

allow a small school to remain

competitive with a larger school.

FAA Response: In implementing this

proposal, the FAA intends to monitor

the approval process to ensure that a

uniform national standard is

maintained. FAA has added language to

paragraph (d)(3) to clarify that a school

may not hold examining authority for a

training course conducted under this

paragraph. Regarding HAI’s concerns, if

a school is unable to meet the training

activity requirements of part 141 it

would not be allowed to hold a pilot

school certificate. Therefore, the rule is

adopted as proposed.

Section 141.55(e)

Under the proposal, a school that

received initial approval could receive

final approval if the school had held

initial approval for at least 24 calendar

months and had trained at least 10

students for a pilot, flight instructor, or

ground instructor certificate or rating,

and at least 80 percent of those students

passed the knowledge test or practical

test on the first attempt. The test must

have been conducted by an FAA

inspector, or by a designated examiner

who is not an employee of the school.

Pilot schools also would be required to

specify planned ground and flight

training time requirements for the

courses.

Comments: A pilot school comments

that it is unclear whether paragraphs (d)

and (e) require a practical test or a

knowledge test to be administered by an

FAA inspector, or an examiner who is

not an employee of the school, for each

applicant or at least 10 students in each

course of training. The school

recommends that the FAA inspector be

required to administer the minimum

number of tests necessary.

FAA Response: The FAA has added

language to paragraph (e)(4) to clarify

that a school may not hold examining

authority for a training course

conducted under this paragraph because

the FAA’s philosophy has been to

maintain a system of checks and

balances to ensure that the schools

providing training do not have a conflict

of interest with respect to the

administering of the practical test.

Therefore, in response to the

commenter’s question, all students must

be examined by an FAA inspector or an

examiner who is not an employee of the

school.

The FAA deleted proposed paragraph

(f) from the final rule because, after

further review, the FAA has determined

that this paragraph is unnecessary. The

proposal is adopted with the changes

discussed above, and other minor

editorial changes.

Section 141.57 Special curricula.

No substantive changes were

proposed for this section, and it is

adopted with a minor editorial change.

Subpart D—Examining Authority

Section 141.61 Applicability.

In Notice No. 95–11, the FAA

proposed format modifications to this

section. No substantive comments were

received on the proposal. Upon further

review, the FAA has decided to retain

the format of existing § 141.61.

Section 141.63 Examining authority

qualification requirements.

In Notice No. 95–11, the FAA

proposed to change the title of this

section. The proposal also deleted the

requirement that a specific number of

graduates pass interim tests for the

school to retain examining authority.

The FAA proposed to modify the

quality-of-training requirements for a

pilot school with examining authority.

The proposal required 90 percent of the

graduates of a flight course, in which

the school desires to obtain or retain

examining authority, to pass a test on

the first attempt, given by an FAA

inspector or by a designated examiner

who is not an employee of the school.

In addition, the proposal specified that

pilot schools would not receive

examining authority for training courses

that train to a performance standard.

Comments: GAMA and NATA oppose

the proposal preventing schools that

train to a standard from possessing

examining authority. NATA states that

the FAA has sufficient expertise and

manpower to ensure oversight of these

schools. GAMA notes that the FAA has

granted examining authority to a

number of schools that hold exemptions

to train to a performance standard.

GAMA suggests that § 141.63(b)(3) be

modified to permit schools that train to

a standard to use examining authority or

include language ‘‘grandfathering’’

schools with current examining

authority. A number of pilot schools

and individual commenters join in

objecting to the prohibition on

examining authority for schools that

train to a standard. Jeppesen-Sanderson

also opposes this provision. The FAA

has met with Jeppesen-Sanderson to

obtain clarification of its position on

this issue and other issues addressed in

its comment.

One pilot school supports eliminating

the interim check requirement for

retention of examining authority.

FAA Response: After reviewing the

comments, the FAA continues to believe

that it is important to prohibit pilot

schools that train to standard from

possessing examining authority.

Permitting these schools to have

examining authority would not provide

an adequate system of checks and

balances. The proposal is adopted with

minor editorial changes.

Section 141.65 Privileges.

The FAA proposed to permit a pilot

school with examining authority to

recommend graduates for all pilot, flight

instructor, and ground instructor

certificates. The proposal eliminated the

restriction on examiners from

performing practical tests for the flight

instructor certificate, ATP certificate,

and turbojet type ratings.

No substantive comments were

received on this proposal. The proposal

is adopted with minor editorial changes

to delete those provisions also

contained in § 141.67.

Section 141.67 Limitations and

reports.

Section 141.67 (a), (b), (c), and (d)

The FAA proposed to delete the

current requirement for a student at a

pilot school with examining authority to

complete all of the training course at the

same school. The proposal permitted up

to one-half of a student’s credits to be

transferred from another pilot school.

The amount of credits that could be

transferred would be based on the

student’s performance on a test given by

the receiving pilot school.

Comments: A pilot school expresses

agreement with the proposal based on

the assumption that the school from

which the student is transferring has

examining authority. The school

comments that a student could do all of

the instrument training at one school,

transfer to another school, take a final

stage check and graduate from the

commercial course of the second school,

and never be tested according to the

PTS on instrument flight skills.

FAA Response: After review of the

proposed rule, the FAA has changed the

references in paragraphs (d)(1) and

(d)(2) from ‘‘knowledge test’’ to ‘‘test’’ to

make the language consistent with the

introductory language of paragraph (d).
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16283

Section 141.67(e)

The FAA proposed to revise the

recordkeeping requirements of this

section. The proposal required pilot

schools with examining authority to

maintain a record of all temporary

airmen certificates it issues with a

chronological listing of specific

information. In addition, the school

would be required to maintain a

photocopy record containing each

student’s: (1) Graduation certificate; (2)

airman application; (3) temporary

airman certificate; (4) superseded

airman certificate, if applicable; and (5)

knowledge test and practical test results.

The proposal also required that the

school make the proposed record of all

temporary airman certificates available

to the Administrator upon request and

to surrender the proposed record of all

temporary airman certificates to the

Administrator on expiration of each

school’s examining authority.

Upon further review, the FAA

determined that a time limit for

maintaining the records required by

paragraph (e) should be added to the

rule. Paragraph (e) is modified in the

final rule to require that these records be

maintained for 1 year. This is current

FAA policy under Order No. 8700.1,

‘‘General Aviation Operations

Inspector’s Handbook.’’

Section 141.67(f)

The FAA proposed to require pilot

schools with examining authority to

submit each graduate’s application for

an airman certificate within 7 days after

the graduate passes the required

knowledge test or practical test.

Comments: A pilot school states that

it may not always be possible to meet

the 7-day requirement because a student

may take the practical test without

meeting all graduation requirements, for

example, ground school may not be

completed. The school believes that the

requirement would place an undue

hardship on the school and the student

since all students would be attempting

to take the final practical test at the

same time.

FAA Response: Upon further review,

the FAA has decided to delete the 7-day

requirement from the final rule. The

FAA notes that the schools should

submit the required documents to the

FAA in a timely fashion. The FAA also

has retained the existing requirement for

a school to submit a graduate’s training

record. In the final rule, the FAA added

the training record to the list of

documents that must be submitted after

a student passes the knowledge test or

practical test. The proposal is adopted

with minor editorial changes.

Subpart E—Operating Rules

Section 141.71 Applicability.

No modifications were proposed for

this section, and it is adopted as

proposed.

Section 141.73 Privileges.

In Notice No. 95–11, the FAA

proposed minor formatting and editing

changes to this section.

The only substantive comments on

this section concern the issue of

examining authority for schools that

train to a standard. These comments

were addressed in the discussion of

§ 141.63. The proposal is adopted

without change.

Section 141.75 Aircraft requirements.

In Notice No. 95–11, the FAA added

the proposed test pilot and special

operations courses to the list of courses

for which an aircraft certificated in the

restricted category may be used. The

proposal also permitted the use of

aircraft with a primary airworthiness

certificate.

No substantive comments were

received on this proposal. In the final

rule, the term ‘‘solo’’ is substituted for

the term ‘‘supervised pilot in

command’’ for reasons discussed in the

analysis of § 61.1. The proposed rule is

adopted with this change and other

minor editorial changes.

Section 141.77 Limitations.

In Notice No. 95–11, the existing

reference to ‘‘flight check or written test,

or both’’ was replaced with the phrase

‘‘proficiency test or knowledge test or

both’’. The tests could include a flight

check, a review of the student’s

aeronautical knowledge, or both. The

FAA also proposed minor editing and

formatting changes to existing

provisions for the transfer of credits

from one part 141-approved school to

another part 141-approved school.

Comments: HAI comments on

proposed § 141.77(c) regarding the

transfer of credits. The commenter

recommends retaining current rule

language and states that 100 percent of

a student’s credits should transfer from

one part 141 school to another. If the

student is transferring from a school not

certificated under part 141, then 50

percent of the credits should transfer.

The operator of a balloon school and

repair station states that proposed

§ 141.77(c)(2), which provided that only

previous training from a part 141-

approved school could be credited in a

transfer to a new school, would be a

disincentive to students.

FAA Response: The FAA

acknowledges the concerns of HAI and

other commenters. The FAA notes that

the provisions for the transfer of credits

set forth in the proposed rule restate the

existing requirements. However, in

response to these concerns, the final

rule includes a provision to allow for up

to 25 percent credit for pilot experience

and knowledge that was not obtained in

a part 141-approved training course.

The proposal is adopted with this

change, and other minor editing and

formatting changes.

Section 141.79 Flight training.

In Notice No. 95–11, the FAA

proposed revisions to the instructor

proficiency requirements of this section.

Proposed paragraph (c) required the

assistant chief instructors, in addition to

the chief instructor, to complete at least

once every 12 calendar months, an

approved syllabus of training consisting

of ground training or flight training, or

both, or an approved flight instructor

refresher course.

Proposed paragraph (d) revised the

flight and proficiency checks required of

flight instructors.

Proposed paragraph (e) replaced the

phrase ‘‘designated chief instructor or

his assistant’’ with the language ‘‘chief

instructor, assistant chief instructor, or

check instructor’’. This change

permitted the assistant chief instructor

or check instructor, in addition to the

chief instructor, to administer

proficiency checks to a school’s

instructors.

Comments: HAI opposes the

requirement in proposed § 141.79 that

both the chief and assistant chief flight

instructors must attend refresher

training. HAI recommends retaining the

current requirement that only the chief

instructor must attend such training.

The commenter also recommends the

addition of the wording ‘‘or an

equivalent level of training acceptable to

the Administrator,’’ to allow schools to

conduct their own approved refresher

training for all instructors.

FAA Response: The final rule

includes references to commercial pilots

with a lighter-than-air rating in

paragraphs (a), (b), and (d). With regard

to HAI’s comment, the rule does not

require the chief or assistant chief flight

instructors to attend a commercially

sponsored refresher training course. It

has always been the FAA’s position that

schools could develop their own

refresher training for chief instructors or

assistant chief flight instructors. These

courses may be submitted to the FAA

for approval. Regarding the proposal for

the assistant chief instructor to receive

annual training, the FAA believes that

in light of the responsibilities and duties

of the assistant chief instructor it is
16284 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

necessary to require that person to

maintain currency and proper

qualification.

The proposed rule is adopted with

these changes, and editing and

formatting changes.

Section 141.81 Ground training.

The FAA proposed minor editorial

and format changes to this section. The

proposal also replaced the phrase

‘‘designated chief instructor or his

assistant’’ with ‘‘chief instructor’’,

‘‘assistant chief instructor’’, or ‘‘check

instructor’’, as appropriate.

No substantive comments were

received on this section. The final rule

includes references to commercial pilots

with a lighter-than-air rating in

paragraph (a). The proposed rule is

adopted with this change.

Section 141.83 Quality of training.

The FAA proposed to reformat and

revise the language of this section. The

proposal also modified the quality of

training requirements. Each pilot school

or provisional pilot school was required

to provide training that meets the

requirements of § 141.5(d).

No substantive comments were

received on this proposal, and it is

adopted as proposed with minor

editorial changes.

Section 141.85 Chief instructor

responsibilities.

The FAA proposed to revise this

section to clarify that the chief

instructor serves in a supervisory role at

a pilot school. The proposal replaced

the existing requirements for the chief

instructor to ‘‘conduct’’ checks and tests

with language providing that the chief

instructor is to ‘‘ensure’’ these checks

and tests are accomplished. In addition,

the FAA proposed paragraph (c) to

permit the chief instructor to delegate

authority for conducting stage checks,

end-of-course tests, and flight instructor

proficiency checks to the assistant chief

instructor or a check instructor.

No substantive comments were

received on this section. In paragraph

(a)(2) of the final rule, the FAA replaced

the term ‘‘instructor’’ with ‘‘certificated

flight instructor, certificated ground

instructor, and commercial pilot with a

lighter-than-air rating’’. The final rule is

adopted with this change and other

minor editorial changes.

Section 141.87 Change of chief

instructor.

The FAA proposed to revise this

section to allow the assistant chief

instructor to act in the capacity of the

chief instructor for 60 days while

awaiting the designation and approval

of another chief instructor. The proposal

permitted the assistant chief instructor

or check instructor to perform stage

checks and end-of-course tests during

this time. Proposed paragraph (d)

required a school to cease operations

after 60 days if a new chief instructor

has not been designated and approved.

Proposed paragraph (e) set forth the

provisions for reinstatement of the

school’s certificate.

No substantive comments were

received on this section, and it is

adopted as proposed with minor

editorial changes.

Section 141.89 Maintenance of

personnel, facilities, and equipment.

In Notice No. 95–11, the FAA

proposed editorial modifications to this

section. The FAA also added references

to assistant chief instructor and check

instructors to proposed paragraph (b).

No substantive comments were

received on this section, and it is

adopted as proposed with a minor

editorial change.

Section 141.91 Satellite bases.

The FAA proposed minor editorial

changes for this section. No substantive

comments were received on this

proposal, and it is adopted as proposed

with minor editorial changes.

Section 141.93 Enrollment.

In this section, the FAA proposed to

eliminate the requirement for a pilot

school to send a copy of each

enrollment certificate to the local FAA

FSDO. However, the proposal required

a school to maintain a monthly listing

of persons enrolled in each course at the

school.

Comments: NATA opposes the

proposed rule’s deletion of the prior

requirement to furnish students with a

copy of its safety procedures and

practices, including items as specified

in the existing § 141.93(a)(3).

FAA Response: The FAA

inadvertently omitted existing

paragraph (a)(3). This requirement is

retained in the final rule. The proposed

rule is adopted with this change.

Section 141.95 Graduation certificate.

Minor editorial modifications were

proposed for this section.

Comments: A balloon school states

that the requirement in proposed

§ 141.95(b)(7) that graduation

certificates contain ‘‘a statement

showing the cross-country training the

student received’’ does not make sense,

especially for balloon training, because

virtually all training entails crosscountry flight. The commenter states

that the requirement should be deleted,

because this information is already

recorded in the school records and the

student’s logbook.

FAA Response: The commenter’s

concerns are noted; however, the

disputed language is a continuation of

an existing requirement. Except for

minor editing changes, the final rule is

adopted as proposed.

Subpart F—Records

Section 141.101 Training records.

The FAA proposed to reformat this

section. No substantive comments were

received, and, except for minor

formatting and editing changes, the final

rule is adopted as proposed.

Appendix A—Recreational Pilot

Certification Course

In this appendix, the FAA proposed

to establish criteria for a certification

course for recreational pilot certificates.

This addition was intended to

encourage further general aviation

training activity. The course in existing

appendix A, ‘‘Private Pilot Certificate

Course (Airplanes),’’ was moved to

proposed appendix B. Under the

proposal, a person was also required to

hold a student pilot certificate prior to

enrolling in the flight portion of the

recreational pilot certification course.

The proposed course required a

minimum of 20 hours of ground training

on the same aeronautical knowledge

areas that were proposed in part 61 for

a recreational pilot certificate. The

proposed course consisted of a

minimum of 30 hours of flight training,

including 15 hours of training from an

authorized flight instructor and 3 hours

of supervised pilot in command

training. The proposal set forth specific

areas of operation for each aircraft

category and class rating.

The proposed course was designed to

allow schools flexibility in developing

their recreational pilot certification

course with the individual student in

mind. For example, a student who had

previous aviation experience and

proved particularly competent may be

able to complete training for a

recreational private pilot certificate with

only the minimum 30 hours of flight

training time, including the required 15

hours of flight training time from an

authorized flight instructor and 3 hours

of supervised pilot in command flight

time. However, a student pilot who did

not have previous aviation experience

or who trained infrequently may need

more time than the minimum specified

hours of flight training time. The

student pilot and flight instructor may

need to tailor the training to include 27

hours of flight training time from an
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16285

authorized flight instructor and 3 hours

of supervised pilot in command flight

time, or some combination of those

hours.

The FAA decided not to specify the

maximum time that could be credited

for stage checks and end-of-course tests

for the approved training course

requirements. The FAA believed that

the individual school, along with the

local FAA FSDO, were better able to

determine how much time should be

permitted for stage checks and end-ofcourse tests for each syllabus. After

receiving course approval, the FAA and

the school would continue to monitor

the average length of time that it takes

to conduct a specific stage check or endof-course test, and would be prepared to

modify the syllabus when needed.

Comments: EAA and NAFI support

the addition of a recreational pilot

certification course to part 141.

FAA Response: In the final rule,

references to the proposed term

‘‘supervised pilot in command’’ are

replaced with the term ‘‘solo’’ for the

reasons discussed in the analysis of

proposed § 61.1. The proposed term

‘‘authorized flight instructor’’ is

replaced with the term ‘‘certificated

flight instructor’’ to indicate that only

instructors certificated under part 61

may provide the training specified in

this section. Proposed paragraph (b) of

section No. 2, which required that a

signed and dated statement be affixed to

the application for a recreational pilot

certificate certifying that no known

medical defect exists that would make

the pilot unable to pilot an aircraft, is

deleted from the final rule. As discussed

in section IV, A of this preamble, § 61.23

of the final rule includes medical

certificate requirements for student

pilots who seek recreational pilot

certificates.

Appendix B—Private Pilot Certification

Course

The FAA proposed criteria for a

certification course for a private pilot

certificate for each aircraft category and

class rating. The course in existing

appendix B, ‘‘Private Test Course

(Airplanes),’’ was eliminated.

Proposed appendix B included

courses found in existing appendixes A

and F. Proposed appendix B reflected

the proposals in part 61 to establish a

powered-lift category rating, and to

establish separate class ratings for

powered gliders and nonpowered

gliders.

The FAA proposed to require that a

person who desired to enroll in the

flight portion of a course hold: (1) a

student pilot certificate, and (2) a thirdclass medical certificate, or in the case

of course of training for a glider or

balloon rating, had a signed and dated

application that the person had no

known medical defects that made that

person unable to pilot a glider or a

balloon.

The proposed minimum ground

training requirements consisted of the

same aeronautical knowledge areas as

proposed in part 61 for a private pilot

certificate. The proposal set forth

specific flight training requirements for

each aircraft category and class rating.

The proposed flight training

requirements consisted of the same

approved areas of operation proposed in

part 61 for a private pilot certificate. The

proposal included reductions in solo

flight training time, but preserved the

minimum total time requirements in the

existing rule. As discussed in the

analysis of appendix A, the proposed

course was designed to allow schools

flexibility in developing course

requirements with the individual

student in mind, the FAA proposed to

permit each school to tailor the course

requirements around the student’s

needs.

Existing appendix A requires an

applicant for a private pilot certificate

with an airplane category rating to

perform five takeoffs and five landings

at night, as the sole manipulator of the

controls. The FAA proposed to require

an applicant for a private pilot

certificate with an airplane, rotorcraft,

or powered-lift category rating to receive

at least 3 hours of night flight training,

including one cross-country flight, and

to perform 10 takeoffs and 10 landings

at night. The proposal included the

provisions of proposed § 61.110 of this

chapter that exempt certain applicants

from the night flying certification

requirements.

The proposal also required private

pilot applicants for an airplane,

powered-lift, and airship rating to

complete at least 3 hours of instrument

training in the same category and class

of aircraft for which the rating is sought.

As noted in appendix B, the FAA

decided not to specify the maximum

time that could be credited for stage

checks and end-of-course tests.

Comments: NATA states that there is

no safety evidence to support the

requirement in proposed paragraph

(2)(a) that a person have a student pilot

certificate before enrolling in a part 141

private pilot certification course. The

commenter believes that the current

requirement to obtain the certificate

prior to a student’s first solo is adequate.

NATA also opposes the reduction in

allowable flight training device credit to

10 percent of the total flight training

hour requirements. NATA recommends

permitting a maximum of 5 flight hours

or 15 percent of the approved private

pilot course total-hour requirement to be

credited, whichever is less.

HAI expresses concern that the

proposed supervised pilot in command

provisions require students to perform

maneuvers involving emergency

procedures. A flight school states that

the 5-hour minimum supervised pilot in

command requirement is inadequate for

airplane single-engine and multiengine

courses. The commenter suggests 7

hours, with at least two cross-country

flights to different locations, and

landings at three airports for each crosscountry flight. Several flight schools and

individual commenters express similar

concerns regarding the reduced solo and

cross-country time requirements. One

flight school recommends at least 10

hours of solo time. Another flight school

commenter opposes the proposed

requirement for 3 hours of instrument

training, stating that this is an especially

heavy burden on part 141 schools

transitioning students to instrument

training immediately upon completion

of the private pilot curriculum. This

commenter requests permitting part 141

students to complete the requirement in

simulators.

Jeppesen expresses concern regarding

the overall principle of class-specific

training in appendixes B through J. The

commenter is concerned that the new

system removes any remaining

flexibility in part 141 regarding aircraft

usage, effectively requiring flight

schools, for economic reasons, to offer

their courses as either all single-engine

courses or all multiengine courses.

According to the commenter, this could

place part 141 schools at a disadvantage

compared to part 61 schools, which

retain greater flexibility.

A balloon school objects to the term

‘‘balloonport’’ in proposed paragraph

(4)(c)(9) because it is not a standardized

term, and is a proprietary name for a

balloon dealership. The term ‘‘Airport

and balloon launch site operations’’ is

suggested.

FAA Response: In response to

NATA’s comment regarding the

requirement that an individual hold a

student pilot certificate before enrolling

in a part 141 private pilot certification

course, the FAA has determined that

this requirement is not unduly

burdensome. Under § 61.23, a student

pilot is required to obtain a third-class

medical certificate once he or she

conducts solo flight in an aircraft other

than a glider or a balloon.

The objections of some commenters to

the reduction in solo flight time

required were considered, but the FAA

has determined that safety will not be
16286 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

compromised by a reduction in solo

flight time because the total number of

hours remains unchanged. The FAA

also notes that schools will have more

discretion in determining how best to

use required training time.

In the final rule, the FAA deleted any

requirement for solo flight training in a

multiengine aircraft. The final rule

requires a student to perform the

functions of a pilot in command while

under the supervision of a certificated

flight instructor. A flight instructor may

therefore accompany a student on board

the aircraft during this flight time. The

FAA notes that solo time in a

multiengine aircraft may be impractical

due to liability insurance concerns.

The helicopter and gyroplane solo

cross-country provision is clarified to

require that at least one segment of the

flight include a straight-line distance of

at least 25 nautical miles between the

takeoff location and landing location.

In response to HAI’s comment

regarding the performance of emergency

maneuvers without an instructor on

board the aircraft, the FAA notes that

other training maneuvers, such as stalls

and slow flight, are routinely performed

in solo flight by pilot applicants that,

when improperly performed, may result

in situations that adversely affect the

safety of the flight. The FAA contends

that these maneuvers, when properly

performed, pose no adverse risks to the

safety of the flight. Flight instructors

should ensure that emergency

maneuvers, like other maneuvers, are

only performed in solo flight after an

instructor determines that such

maneuvers may be safely performed by

the applicant and under any restrictions

that the flight instructor may establish

to ensure the safety of the flight.

The FAA has deleted from the final

rule the exception to the night training

requirement because the exception

applies to the individual airman rather

than to the course. The FAA also has

removed medical certificate

requirements from this appendix

because these requirements are

addressed in § 61.23.

Proposed provisions for separate

powered and nonpowered classes

within the glider category requirements

are consolidated under a single set of

requirements for the glider category for

reasons discussed in section IV,F.

In the final rule, the FAA has

decreased the ascent training

requirements from 5,000 feet above the

surface to 3,000 feet above the launch

site for gas balloons, and from 3,000 feet

above the surface to 2,000 feet above the

launch site for balloons with airborne

heaters. After further review, the FAA

has determined that the proposed ascent

training procedures exceeded normally

accepted industry practices.

Additionally, the FAA deleted solo

flight requirements for a rating in a gas

balloon and an airship. In the final rule,

the student is not required to meet any

solo flight training requirements, and

must perform the duties of pilot in

command while under the supervision

of a commercial pilot with the

appropriate lighter-than-air rating. This

change was adopted because insurance

companies would not permit solo flights

in gas balloons or airships by student

pilots.

In response to concerns about the use

of the word ‘‘balloonport,’’ that term has

been deleted from the final rule. The

FAA determined that ‘‘balloonport’’ is

not a commonly used term, and has

replaced it with the term ‘‘airport’’.

The FAA has modified the appendix

to conform with the definitions of

‘‘flight simulator’’ and ‘‘flight training

device’’ set forth in Amendment No. 61–

100. In response to the objections

concerning credit for flight simulator

and flight training device time, the

maximum possible credit for flight

simulators that meet the requirements of

§ 141.41(a) is 15 percent in the final

rule. The maximum possible credit for

flight training devices that meet the

requirements of § 141.41(b) is 7.5

percent in the final rule. These changes

correct an inadvertent reduction in the

time that could be credited for training

received in a flight simulator or flight

training device when the FAA changed

the basis on which flight time could be

credited form hours to a percentage of

the flight training time. The FAA also

notes that training received in a flight

simulator or flight training device may

not be used to satisfy more than 15

percent of the flight training

requirements in the final rule.

In the final rule, references to the

proposed term ‘‘supervised pilot in

command’’ are replaced with the term

‘‘solo’’, where appropriate, for the

reasons discussed in the analysis of

§ 61.1. The proposed term ‘‘authorized

instructor’’ is replaced with

‘‘certificated flight instructor or

commercial pilot with a lighter-than-air

rating’’, as appropriate, because the term

‘‘authorized instructor,’’ while

applicable to part 61, is too broad a term

for use in part 141.

With regard to Jeppesen’s concerns

about class-specific training, the FAA

notes that part 141 schools will not be

placed at a disadvantage because

training conducted under part 61 is also

class specific.

The rule is adopted with these

changes.

Appendix C—Instrument Rating Course

The FAA proposed criteria for an

instrument rating course. The proposed

appendix included courses found in

existing appendixes C, F, and H, as well

as courses for the proposed poweredlift, airship, airplane single-engine, and

airplane multiengine instrument ratings.

To enroll in the flight portion of the

course, the FAA proposed that a student

hold: (1) a private pilot certificate with

an aircraft category and class rating

appropriate to the instrument rating for

which the course applies, and (2) at

least a third-class medical certificate.

The proposed ground training

provisions included the same

aeronautical knowledge areas as

proposed in part 61 for an instrument

rating, including windshear avoidance,

and aeronautical decision making and

judgment. The proposal retained the

existing requirement for 30 hours of

ground training for an initial instrument

rating. The FAA also proposed a 30-

hour ground training requirement for an

initial instrument rating. The FAA

proposed a requirement for 20 hours of

ground training for an additional

instrument rating, as opposed to the

existing requirement of 15 hours in the

test preparation course. The FAA

believed the increase was necessary

because of proposed reductions in the

pilot experience requirements, and the

different knowledge, skills, and abilities

required for each instrument rating.

The proposal required flight training

on the same areas of operation as

proposed in part 61 for an instrument

rating. In addition, the proposed

appendix clarified the existing

requirement for cross-country flight by

requiring a minimum straight-line

distance between airports for one of the

segments of the flight.

A minimum of 35 hours of flight

training time was proposed for initial

instrument ratings. This is the minimum

training time currently required for an

instrument rating in an airplane or a

helicopter. The proposal provided for a

percentage of the minimum flight

training hours to be obtained in a flight

training device.

As discussed in appendix A, the FAA

has decided not to specify the maximum

time that may be credited toward the

total hour course requirements for stage

checks and end-of-course tests.

Comments: HAI states that a student

should be able to concurrently enroll in

private, instrument, and commercial

pilot certification courses, and therefore

the commenter recommends deletion of

paragraph (2)(a). HAI also suggests

modifying paragraph (b) of section No.

4 to require a minimum of 10 hours of
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16287

the instrument training time in an

aircraft for an initial instrument rating,

and a minimum of 5 hours of the

instrument training time in an airplane

for an additional instrument rating.

HAI, NATA, and NBAA object to the

provisions for the crediting of time

spent training in a flight training device.

NATA and NBAA state that the 10

percent credit for the use of flight

training devices is insufficient. The

commenters argue that part 141 schools

would be placed at a disadvantage

compared to schools conducting

training under part 61, and that trends

in simulation technology dictate more,

not less, use of flight training devices.

NATA recommends a credit of 50

percent of the total flight training time

of the approved instrument flight course

or of the section, whichever is less.

NBAA asks for clarification on whether

the 10 percent credit for training in a

flight training device also applies to

recreational, private, and commercial

certificates and, if so, the commenter

recommends that those limits be

changed to equal those authorized in

part 61. NBAA also comments that

Notice No. 95–11 does not go far enough

to integrate personal computer-based

aviation training devices into all phases

of flight training. These views are

echoed by several large flight schools,

including ERAU and UND Aerospace, as

well as Jeppesen and several individual

commenters. These commenters state

that the 10 percent limitation, especially

in the case of the instrument rating,

drastically reduces the maximum

available credit in comparison to the

existing rule. One commenter states that

the proposed change would reduce the

quality of training and raise costs. The

commenter states that it can provide

more quality training in Frasca 141 and

142 training devices than in aircraft.

GAMA is concerned that under the

proposal it appears that the credit

allowed for training received in a

simulator or flight training device in an

instrument rating course would be

drastically reduced. According to

GAMA, more flight training device

credit would be received under part 61

than under the proposed rule for part

141. GAMA believes that this would

discourage schools from applying for

part 141 approval. GAMA recommends

retaining the credit allowed under the

existing rules.

HAI objects to the instrument

helicopter cross-country requirement in

proposed paragraph (4)(c)(3)(i) because

training helicopters such as the

Robinson R–22 are not certificated for

IFR flight.

ERAU states that, while it agrees with

the principle of separate requirements

for single-engine and multiengine

instrument ratings, the requirements for

the proposed multiengine instrument

rating course are excessive.

FAA Response: In response to HAI’s

comment regarding the requirement that

pilots enrolling in an instrument rating

course hold at least a private pilot

certificate, the FAA determined that the

minimum certificate level for persons to

be able to adequately understand

instrument training concepts is at the

private pilot certificate level. With

regard to HAI’s concerns about the

instrument helicopter cross-country

requirements, the FAA notes that it is

the FAA’s intent to require a person to

file an instrument flight plan and

perform a flight under IFR, although not

necessarily under IMC.

With respect to objections to proposed

provisions for separate single-engine

and multiengine airplane instrument

ratings, the FAA notes that the separate

instrument ratings were not adopted in

the final rule. This decision was

discussed in section IV,D. The proposed

provision for an instrument airship

rating is deleted from the final rule for

the reasons discussed in section IV,D.

The FAA has modified the appendix

to conform with the definitions of

‘‘flight simulator’’ and ‘‘flight training

device’’ set forth in Amendment No. 61–

100. Regarding comments on credit for

training received in flight simulators

and flight training devices, the FAA did

not intend to remove the prior provision

permitting up to one-half of the

instrument training time to be received

in an approved ground trainer.

Therefore, the maximum possible credit

allowed for training in a flight simulator

that meets the requirements of

§ 141.41(a) is 50 percent in the final

rule. The maximum credit for training

in a flight training device that meets the

requirements of § 141.41(b) is 25 percent

in the final rule. The FAA also notes

that training received in flight

simulators or flight training devices may

not be used to satisfy more than 50

percent of the instrument flight training

requirements in the final rule.

The reference to medical certificate

requirements in proposed paragraph (b)

of section No. 2 is deleted because

medical certificate requirements are

now contained in § 61.23. See the

analysis of § 61.23 for further

discussion.

The proposed rule is adopted with

these changes and other minor editorial

changes.

Appendix D—Commercial Pilot

Certification Course

The FAA proposed criteria for a

certification course for a commercial

pilot certificate. Proposed appendix D

included courses found in the existing

appendixes D and F. The proposed

appendix included a powered-lift

category rating and separate class

ratings for powered gliders and

nonpowered gliders.

To enroll in the flight portion of the

course, the proposal required a person

to hold: (1) a private pilot certificate

with the category and class rating

appropriate to the ratings for which the

course applies, and (2) at least a thirdclass medical certificate, or present a

signed and dated statement by the

person certifying that the person

enrolling has no known medical defect

that makes that person unable to pilot

a glider or a balloon.

In addition, if the course was for a

rating in an airplane, a powered-lift, or

an airship, the proposal required the

student to: (1) hold an instrument rating

appropriate to the aircraft category and

class rating for which the course

applies, or (2) be concurrently enrolled

in an instrument rating course for which

the course applies, and satisfactorily

accomplish the required practical test

prior to completing the commercial

pilot practical test.

The proposed ground training

consisted of the same aeronautical

knowledge areas as proposed in part 61

for a commercial pilot certificate. A

minimum of 100 hours of ground

training was required for an airplane,

powered-lift, or airship rating. One

hundred hours of ground training is

currently required for an airplane

category rating. The proposal retained

the existing hour requirements for

ground training for a rotorcraft, glider,

or balloon rating.

The proposed flight training included

the same areas of operation as proposed

in part 61 for a commercial pilot

certificate. The proposal set forth

specific flight training requirements for

each aircraft category and class rating.

The proposed minimum dual and solo

flight training time requirements were

far lower than those of the existing

appendix D. However, this proposed

change was based on the assumption

that the applicant would have to also

meet the minimum time requirements

for part 61. The proposal required that

a person meet the aeronautical

experience requirements of part 61 for a

commercial pilot certificate upon

completion of the course. The proposed

appendix also included the

modifications to the dual cross-country

flight requirements in proposed part 61.

The FAA decided not to specify the

maximum time that may be credited for

stage checks and end-of-course tests for
16288 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

the same reasons discussed in the

analysis of appendix A.

The FAA proposal omitted provisions

related to flight instruction in the

specified areas of operation for the

lighter-than-air category ratings because

separate instructor ratings were

proposed for those classes.

Comments: HAI states that a student

should be able to concurrently enroll in

a private, instrument, and commercial

pilot certification course.

The Department of Veterans Affairs/

Veterans’ Benefits Administration (VA)

states that it has received comments

from pilot school organizations

regarding Notice No. 95–11. These

comments express a concern that

appendix D would ‘‘require a complete

and radical restructuring of current

commercial pilot courses.’’ The

commenter, nonetheless, recommends

revising paragraph (2)(a)(4) to make its

provisions clear, or that this issue be

dealt with in the preamble. Several

individual commenters state that the VA

prohibits concurrent enrollment in

separate flight training courses as

permitted by the proposal.

HAI states that there are no

advantages for part 141 schools if their

students must meet part 61 flight

training time requirements. GAMA and

NATA express similar concerns and

state that the proposal effectively

increases the part 141 commercial pilot

minimums from 190 hours to 250 hours.

GAMA contends that since a private

pilot certificate is a prerequisite for

enrollment, the newly proposed

commercial pilot certification course

would not include the elements of the

private pilot certification course

currently allowed under part 141.

NATA believes that the proposal to

increase the minimum number of hours

in the commercial pilot certification

course could hurt the economic viability

of many part 141 schools. Several flight

schools and other commenters echo

these concerns, stating that ‘‘directed

training’’ at a part 141 school prepares

applicants better than less regulated

training under part 61, and makes the

higher-hour requirement unnecessary

for part 141 schools.

HAI opposes the provisions for the

crediting of training received in a flight

training device. HAI references similar

comments it expressed on proposed

appendix C. NATA recommends that

the rule permit a credit for a maximum

of 20 flight hours or 25 percent of the

approved commercial pilot course,

whichever is less. Flight schools and

individual commenters express similar

views.

HAI notes that the proposed

helicopter cross-country requirements

provide for a 250-nautical-mile flight,

and recommends that these

requirements be aligned with those of

part 61. The commenter also expresses

the same safety concerns regarding the

helicopter night solo requirements that

it expressed regarding similar

requirements in part 61.

A balloon school expresses several

objections to the commercial course

requirements. The commenter states

that no justification was presented for

increasing the number of required

flights from 8 flights in the existing rule

to 10 flights. The commenter similarly

opposes the requirement for two flights

in a balloon in preparation for the

practical test. The commenter also states

that the terms ‘‘weight and balance,’’

‘‘air navigation facilities,’’ ‘‘performance

maneuvers,’’ and ‘‘above the surface’’

are inappropriate for balloon operations.

The latter term should be replaced with

the phrase ‘‘above the launch site’’. The

same commenter also shares HAI’s view

that the proposed requirement for

maneuvers involving emergency

operations in solo flight is hazardous.

FAA Response: In the final rule, the

required aeronautical knowledge

training time has been modified. For the

airplane category, powered-lift category,

and airship class rating, the proposed

100 hours has been reduced to 65 hours.

For the rotorcraft category, the proposed

65 hours have been reduced to 30 hours.

For the glider category, the proposed 25

hours has been reduced to 20 hours. The

balloon class rating requirement

remains unchanged from the 20 hours

proposed.

The FAA did not intend to remove the

prior ability of pilots to obtain

certificates under part 141 with less

than the aeronautical experience

requirements specified in part 61. The

FAA therefore has withdrawn the

requirement that graduates of a part 141

commercial pilot certification course

meet the aeronautical experience

requirements prescribed in part 61 for

commercial pilots. This provision

would have resulted in a major shift

from the FAA’s long standing position

that part 141 graduates, even though

they may not meet the requirements of

part 61, have training equivalent to the

training requirements of part 61. As a

result of withdrawing this proposal, the

FAA had to increase the aeronautical

experience requirements from the

requirements proposed in Notice No.

95–11. The final rule provides for 155

hours of total flight training time for an

airplane, powered-lift, or airship rating;

115 hours of total flight training time for

a rotorcraft rating; 6 hours of total flight

training time for a glider rating; and 10

flight hours and eight training flights for

a balloon rating. The FAA notes that a

commercial pilot must hold a private

pilot certificate in order to enroll in a

commercial pilot certification course,

therefore, the requirements in the final

rule are equivalent to the current

requirements of appendix D.

In the final rule, the FAA also has

increased the dual flight training time

requirements. The final rule provides

for 55 hours of flight instruction for an

airplane, powered-lift, or airship rating,

and 30 hours of flight instruction for a

rotorcraft rating. For a glider rating, the

rule requires four hours of flight

instruction, including five flights

involving launch/tow procedures and

the training on appropriate areas of

operation. The flight training

requirements for a balloon course

remain as proposed, except the FAA has

decreased the required ascent for gas

balloons from 10,000 feet above the

surface to 5,000 feet above the launch

site. For balloons with airborne heaters,

the ascent requirement was reduced

from 5,000 feet above the surface to

3,000 feet above the launch site. After

further review, the FAA has determined

that the proposed ascent training

procedures exceeded accepted industry

practice.

The title of section No. 5 of this

appendix is changed in the final rule

from ‘‘supervised pilot-in-command

training’’ to ‘‘solo training’’. As

previously discussed, the FAA has

decided to retain the term ‘‘solo’’ in the

final rule. For the reasons previously

discussed, the FAA has withdrawn the

requirement for solo flight training in a

multiengine airplane, an airship, and a

gas balloon. The final rule requires a

student to perform the functions of pilot

in command in a multiengine aircraft

while under the supervision of a

certificated flight instructor, or in an

airship or gas balloon while under the

supervision of a commercial pilot with

an airship rating or balloon rating, as

appropriate.

The solo cross-country requirements

for helicopter and gyroplane ratings are

decreased in the final rule from 250

nautical miles to 50 nautical miles to

conform with part 61 and existing part

141 requirements. The exception for

cross-country flights in Hawaii was

deleted in light of the reduction in the

distance requirement. For the reasons

discussed in the analysis of appendix B,

the night flying exception of § 61.131

was removed from section No. 5.

The FAA has modified the appendix

to conform with the definitions of

‘‘flight simulator’’ and ‘‘flight training

device’’ set forth in Amendment No. 61–

100. The maximum possible credit for

flight training received in a flight
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16289

simulator that meets the requirements of

§ 141.41(a) is 20 percent in the final

rule. For flight training devices meeting

requirements of § 141.41(b), the

maximum credit is 10 percent in the

final rule. The FAA also notes that

training received in flight simulators or

flight training devices may not be used

to satisfy more than 50 percent of the

flight training requirements in the final

rule.

For the same reasons discussed in the

analysis of proposed § 61.129, categoryand class-specific references to the

required instrument training time for

helicopters and gyroplanes are deleted

in the final rule.

In the final rule, the proposed

references to medical certificate

requirements were removed, because

medical certificate requirements are

addressed § 61.23. See the analysis of

that section for further discussion.

In response to HAI’s proposal to

permit student pilots to concurrently

enroll in a private, instrument, and

commercial pilot certification course,

the FAA determined that the skills and

knowledge gained in a private pilot

certification course are necessary

prerequisites to enrollment in an

instrument or commercial pilot

certificate course.

With respect to concerns expressed

about concurrent enrollment in the

commercial pilot course and the

instrument rating course, the FAA notes

that concurrent enrollment is not a

requirement but an option an individual

may choose to exercise, depending on

his or her circumstances.

The proposed rule is adopted with

these and other editorial changes.

Appendix E—Airline Transport Pilot

Certificate Course

The FAA proposed criteria for a

certification course for an ATP

certificate with an airplane, helicopter,

or powered-lift rating. The course in

existing appendix E, ‘‘Commercial Test

Course (Airplanes),’’ was eliminated.

Proposed appendix E included

requirements found in existing

appendix H, and also included

provisions for the proposed powered-lift

category rating.

To enroll in the flight portion of the

course, the FAA proposed that a person

be required to: (1) Hold a commercial

pilot certificate with the category and

class ratings for which the course

applies and hold no restrictions; (2)

hold at least a third-class medical

certificate; and (3) upon completion of

the course, meet the aeronautical

requirements in part 61 for an ATP

certificate that is appropriate to the

ratings for which the course applies.

The proposed ground training

requirements consisted of the same

aeronautical knowledge areas proposed

in part 61 for an ATP certificate,

including windshear avoidance, and

aeronautical decision making and

judgment. The course continued to

require 40 hours of ground training.

The proposed flight training consisted

of the same approved areas of operation

as proposed in part 61 for an ATP

certificate. The course continued to

require 25 hours of flight training with

at least 15 hours of instrument flight

training. The FAA decided not to

specify the maximum time that may be

credited for stage checks and end-ofcourse tests for the same reasons

previously stated in appendix A.

Comments: HAI opposes the proposal

in paragraph (4)(b), which provides for

the crediting of flight training received

in a flight training device, and

recommends that a minimum time of 10

hours in an aircraft be specified for an

ATP course. Several other commenters,

including some flight schools, stated

that the 10 percent credit is insufficient.

A flight school commenter objects to

establishing more stringent

requirements for the ATP Certification

Course than are normally necessary for

training under part 61, and cites the

requirement for 25 hours of flight

training under part 141, when the

average flight training under part 61,

according to the commenter, is 10

hours. The commenter also cites the 40

hours of ground training under part 141,

compared with no similar requirement

under part 61.

FAA Response: The FAA has

modified the appendix to conform with

the definitions of ‘‘flight simulator’’ and

‘‘flight training device’’ set forth in

Amendment No. 61–100. Upon review

of concerns regarding the credit

limitation on training received in a

flight simulator or flight training device,

the maximum possible credit allowed

for training in a flight simulator that

meets the requirements of § 141.41(a) is

50 percent in the final rule. The

maximum credit for training in a flight

training device that meets the

requirements of § 141.41(b) is 25 percent

in the final rule. The FAA notes that

training received in flight simulators or

flight training devices may not be used

to satisfy more than 50 percent of the

flight training requirements of the final

rule. These changes were necessary to

ensure that the credit provisions in the

final rule correspond to the existing

credit provision in appendix E.

As previously noted, the medical

certification requirements are

withdrawn because these requirements

are addressed in § 61.23 of the final rule.

The FAA revised the proposed

eligibility requirements for enrollment

in an airline transport pilot certification

course by modifying proposed

paragraph (c) of section No. 2 to indicate

that an applicant must comply with the

requirements of subpart G of part 61

prior to enrollment and not upon course

completion as originally proposed. The

FAA has also retained the proposal set

forth in proposed paragraph (a)(2) of

section No. 4 to require at least 25 hours

of flight training on the approved areas

of operation. Fifteen hours of this

training is instrument training. The FAA

notes that these requirements are more

stringent than those specified in part 61,

however, the FAA also notes that a

school may obtain approval for a course

with fewer hours if the course is

approved in accordance with the

provisions of § 141.55.

The final rule is adopted with these

changes and minor editing and

formatting changes.

Appendix F—Flight Instructor

Certification Course

The FAA proposed to establish a

separate appendix for flight instructor

certification courses. The proposed

appendix included the proposals in part

61 to establish: (1) A powered-lift

category rating, (2) separate class ratings

for powered gliders and nonpowered

gliders, and (3) a flight instructor

certificate for the lighter-than-air

category.

To enroll in the flight portion of the

course, the FAA proposed that a person

must hold: (1) A commercial certificate

or an ATP certificate with an aircraft

category and class rating appropriate to

the rating for which the course applies,

and (2) an instrument rating in an

aircraft that is appropriate to the aircraft

category and class for which the course

applies if the course was for an airplane,

airship, or powered-lift instructor rating.

The proposed ground training

consisted of the same aeronautical

knowledge areas as proposed in part 61

for a flight instructor certificate. The

course continued to require a minimum

of 40 hours of ground training for an

initial flight instructor certificate and 20

hours for an additional flight instructor

rating.

The proposed flight training consisted

of the same areas of operation as

proposed in part 61 for a flight

instructor certificate. The minimum

hours of required flight training varied

with the category or class of aircraft. A

course for a rating in an airplane, a

rotorcraft, a powered-lift, or an airship

required a minimum of 25 hours of

training. A course for a rating in a

powered glider required 10 hours of
16290 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

training. A course for a rating in a

nonpowered glider required 10 hours of

training and 10 training flights. A course

for a balloon class rating required 8

training flights.

Comments: HAI recommends that the

flight instructor course requirement in

paragraph (2)(a) of appendix F be

revised to require an applicant to either

hold a commercial certificate, or be

concurrently enrolled in a commercial

course and an instrument rating course.

With regard to the minimum hour

requirements for the flight instructor

certification course, NATA states that

the proposed minimum aeronautical

training hours are insufficient while the

proposed flight training hours are

excessive. NATA recommends that the

aeronautical training requirement be

increased to 60 hours.

NBAA states that the requirement,

proposed in paragraph (5)(b) of

appendix F, that all airplane flight

instructor candidates receive spin

training, may be impossible to comply

with in the case of multiengine

airplanes because few, if any,

multiengine airplanes are certificated

for spins. NBAA proposes changing the

wording to require only ground training,

not flight training, for spins in airplanes

other than gliders and single-engine

airplanes.

In its comment, FSI recommends a

reduction to 15 hours for flight training

required for the addition of an airplane

single-engine or multiengine class rating

to a flight instructor certificate. The

commenter states that it conducts a 12-

hour part 61 flight instructor

multiengine add-on course, as well as a

flight instructor instrument rating addon course to the flight instructor

certificate. Jeppesen states that reducing

the part 141 hour requirement would

encourage students to train under an

FAA-approved part 141 course instead

of under part 61.

University of North Dakota Aerospace

(UND) recommends training conducted

to a proficiency level rather than to a

specific flight-hour requirement for the

flight instructor certification course.

ERAU also objects to the mandated

hours, and states that the FAA should

set forth the material to be taught and

permit the school to propose the

required hours for FAA approval. ERAU

states that the appendix is unclear on

how or what constitutes an original

issuance of a certificate. The ability to

issue two ratings on one certificate at

one time allows for an economy of time

and of expense for students. Training to

a standard could also save students

considerable time and money.

A balloon school operator states that

the 40 hours of training specified in

paragraph (3)(a)(1) of appendix F is

excessive for balloons because

applicants for the instructor rating will

already hold a commercial certificate,

and instruction will be focused on the

fundamentals of instructing, which ‘‘can

be effectively taught in 5 hours.’’

According to the commenter, this also

applies to the material contained in

‘‘Areas of Operation’’ in paragraph

(4)(c)(9) of appendix F. The same

commenter states that the requirement

for eight flights in paragraph (4)(a)(4) of

appendix F is a meaningless measure for

balloons because of the variability of

flight time. The commenter

recommends that the requirement be

specified in hours instead, and proposes

4 hours for this purpose. Finally, this

commenter objects to the use of the term

‘‘performance maneuvers’’ in paragraph

(4)(c)(9)(ix) of appendix F because the

term has no meaning for balloons.

FAA Response: In the final rule,

references to the proposed term

‘‘supervised pilot in command’’ were

replaced with the term ‘‘solo’’ for

reasons discussed in the analysis of

§ 61.1. Proposed provisions for separate

powered and nonpowered classes,

within the glider category requirements,

have been consolidated under a single

set of requirements for the glider class

for the reasons discussed in section IV,

F. The establishment of a flight

instructor certificate for the lighter-thanair category has not been adopted in this

section for the reasons outlined in

section IV, C.

In response to comments regarding

the proposal for an applicant for a flight

instructor rating in a rotorcraft to

possess an instrument rating, the FAA

has determined that such a requirement

is not warranted, and has withdrawn

that proposal from the final rule.

In response to NATA’s comment that

the aeronautical knowledge requirement

should be increased to 60 hours, the

existing rule requires 40 hours. The

FAA did not propose raising this

requirement, and therefore NATA’s

recommendation is beyond the scope of

this rulemaking. In response to NATA’s

complaint that the proposed flight

training hours are excessive, the FAA

points out that this is an existing

requirement.

Regarding NBAA’s comment

concerning spin training in multiengine

airplanes, the FAA agrees that few

multiengine airplanes are certificated

for spins. It was never required or

proposed for this training to be

conducted in a multiengine airplane.

This requirement can be accomplished

in a single-engine aircraft that is

certificated for spins.

The FAA has reviewed the comments

requesting a reduction in the hour

requirements for flight training and

finds that the comments have offered no

significant justification for reducing

these hours. Furthermore, the FAA

notes that the training requirements

reflect the current requirements in

appendix H.

The FAA also notes that the eligibility

requirements for enrollment in a flight

instructor certification course were

clarified to reflect that an ATP seeking

a flight instructor certificate possess

instrument privileges in the aircraft

category and class appropriate to that

certificate.

In response to the comment from a

balloon school operator, the FAA notes

that all flight instructor ratings for the

lighter-than-air category have been

withdrawn as previously discussed.

The FAA has also modified the

appendix to conform with the

definitions of ‘‘flight simulator’’ and

‘‘flight training device’’ set forth in

Amendment No. 61–100.

The rule is adopted with these

changes.

Appendix G—Flight Instructor

Instrument (for an airplane, helicopter,

or powered-lift instrument instructor

rating) Certification Course

The FAA proposed a separate

appendix addressing certification

courses for a flight instructor certificate

with an instrument rating. This

proposed appendix included the

proposals in part 61 to establish: (1) A

powered-lift category and instrument

rating, (2) an instrument rating for

airships, (3) instrument ratings for

single-engine and multiengine

airplanes, and (4) a flight instructor

certificate for the lighter-than-air

category.

To enroll in the flight portion of the

course, the FAA proposed that a person

hold: (1) a commercial certificate or an

ATP certificate with an aircraft category

and class rating appropriate to the rating

for which the course applies, and (2) a

flight instructor certificate with an

aircraft category and class rating that is

appropriate to the instrument rating for

which the course applies.

The proposed course required a

minimum of 15 hours of ground training

on the same aeronautical knowledge

areas as proposed in part 61 for a flight

instructor certificate. The proposed

course also required a minimum of 15

hours of flight training on the same

approved areas of operation as proposed

in part 61 for a flight instructor

certificate.

Comments: HAI recommends that the

flight instructor course requirement in
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16291

paragraph (2)(a) of appendix G be

revised to require a person to either

hold a commercial pilot certificate or be

concurrently enrolled in a commercial

course and instrument rating course.

HAI opposes the ratio by which time

spent training in a flight training device

is credited, and recommends deletion of

the subparagraphs of paragraph (4)(b) of

appendix G.

In its comment, NATA recommends

deletion of paragraph (2)(b) of appendix

G, and requests that the FAA address

initial and add-on training requirements

in a similar fashion to proposed

paragraphs (3)(a)(1) and (3)(a)(2) of

appendix F. This would allow

applicants to receive an instrument

flight instructor certificate without

holding a flight instructor certificate. To

this end, NATA recommends a

minimum of 45 hours of aeronautical

knowledge training for initial flight

instructor applicants, and 15 hours for

additional flight instructor ratings.

UND objects to the economic burden

resulting from the establishment of

separate single-engine and multiengine

instrument instructor ratings, and

questions what the conversion process

would be for current multiengine

instrument instructors.

FAA Response: In the final rule,

references to the proposed terms

‘‘supervised pilot in command’’ were

replaced with the term ‘‘solo’’ for

reasons discussed in the analysis of

§ 61.1. The establishment of an

instrument flight instructor rating for

the lighter-than-air category has not

been adopted in this section for the

reasons outlined in section IV,C.

Similarly, the proposed separation of

single-engine and multiengine

instrument instructor ratings has not

been adopted for the reasons presented

in section IV,D.

In response to HAI’s comment

recommending that the eligibility

provisions of paragraph (2)(b) be revised

to permit instrument flight instructor

applicants to be concurrently enrolled

in a commercial pilot certification and

instrument rating courses, the FAA did

not propose any changes to the current

eligibility requirements that are now

contained in existing appendix H. In

addition, the FAA questions the benefit

of HAI’s recommendation to permit an

applicant to be concurrently enrolled in

three different training courses. The

FAA believes that if an applicant were

permitted to be enrolled concurrently in

a commercial pilot certification course,

instrument rating course, and flight

instructor-instrument rating course, the

applicant would be unable to obtain

benefits comparable to enrolling in each

course individually.

In response to HAI’s recommendation

that the FAA revise the provisions for

crediting training time received in a

flight training device to meet training

requirements, the FAA notes that the

purpose of establishing percentage

computations was to encourage those

schools that desire to submit courses

that ‘‘train to a standard.’’ The FAA has

determined that for courses with less

than the minimum training hour

requirements of part 141, a specific ratio

between time spent in an aircraft and

time spent in a flight training device

should be maintained. The FAA has

also modified the appendix to conform

with the definitions of ‘‘flight

simulator’’ and ‘‘flight training device’’

set forth in Amendment No. 61–100.

The FAA has considered NATA’s

comments and decided to withdraw the

requirement that a person must hold a

flight instructor certificate prior to

enrolling in a flight instructorinstrument certification course. The

FAA recognizes that it is possible under

existing rules for an individual to obtain

an instrument flight instructor

certificate with an instrument-instructor

rating without holding a flight instructor

certificate. The FAA also notes that the

eligibility requirements for enrollment

in a flight instructor-instrument

certification course were clarified to

reflect that an ATP seeking a flight

instructor certificate with an instructorinstrument rating possess instrument

privileges in the aircraft category and

class appropriate to that certification.

The rule is adopted with these changes

and other minor editorial and format

changes.

Appendix H—Ground Instructor

Certification Course

The FAA proposed to establish

criteria for approval of a certification

course for a ground instructor

certificate. An equivalent course is not

found in existing part 141 or part 143.

This proposed appendix included the

proposals in part 61 to: (1) Revise

ground instructor ratings, (2) establish a

powered-lift category rating, (3)

establish separate class ratings for

powered gliders and nonpowered

gliders, (4) establish an instrument

rating for airships, and (5) establish

instrument ratings for single-engine and

multiengine airplanes.

The proposed course required ground

training on the same aeronautical

knowledge areas as proposed in part 61.

A person who enrolls for an initial

ground instructor certificate was

required to receive a minimum of 20

hours of ground training. A person who

enrolls in an additional ground

instructor rating was required to receive

a minimum of 10 hours of ground

training. Existing appendix H, ‘‘Flight

Instructor Certification Course,’’

contained a provision that stated that

initial ground training requirements

could be lowered by one-half if an

applicant had prior related instructional

experience. Notice No. 95–11 proposed

to apply this provision to ground

instructors as well.

No substantive comments were

received. In the final rule, the proposed

ground instructor ratings were deleted

and replaced with the ground instructor

ratings provided for in existing part

143—basic, advanced, and instrument.

For a discussion of the reasons for these

changes to the final rule, see the

analysis of subpart I of part 61. The

appendix is adopted with these changes.

Appendix I—Additional Aircraft

Category or Class Rating Course

The FAA proposed to establish

criteria for certification courses for

adding either a category rating or a class

rating on a pilot certificate. The course

in this appendix appeared in sections II

and III of existing appendix F. The

proposed appendix included the

proposals to establish a powered-lift

category rating as well as separate class

ratings for powered and nonpowered

gliders.

The FAA proposed that to enroll in

the flight portion of the proposed

course, a person would be required to

hold: (1) The minimum level pilot

certificate that is appropriate to the

additional category or class aircraft

rating to which the particular course

applies, and (2) at least a third-class

medical certificate for aircraft ratings

that require a medical certificate for that

pilot certificate level. To obtain an

additional rating at the recreational pilot

certificate level or an additional glider

or balloon rating, applicants would have

to provide a signed and dated statement

certifying that they have no known

medical defects that would make them

unable to pilot a glider or a balloon.

Each course approved under this

appendix was required to consist of the

minimum requirements found under

appendix A, B, C, D, or E for the

category rating or class rating for which

the course was approved at the

appropriate pilot certificate level.

No substantive comments were

received. This appendix is being

included in the final rule with changes

that reflect the elimination of the

separate glider classes, as explained in

section IV,F. The appendix also reflects

changes in the current definitions of

‘‘flight simulator’’ and ‘‘flight training

device,’’ and other minor terminology

changes. The references to medical
16292 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

certificates in proposed section No. 2

were deleted because medical certificate

requirements are now contained in

§ 61.23. See the analysis of § 61.23 for

further discussion. The proposed rule is

adopted with the changes discussed

above, as well as minor formatting and

editing changes.

Appendix J—Aircraft Type Rating

Course, for Other Than an Airline

Transport Pilot Certificate

The FAA proposal established criteria

for an aircraft type rating course, for

other than an ATP certificate, for a

person who desires to add a type rating

on his or her private or commercial pilot

certificate. The proposed course in this

appendix was found in existing

appendix F. The course included

provisions for the powered-lift category

rating as proposed in part 61.

The FAA proposed that to enroll in

the flight portion of the proposed

course, a person must hold: (1) At least

a private pilot certificate; (2) at least a

third-class medical certificate, if a

medical certificate is required for the

type of aircraft rating sought; and (3) an

instrument rating, or be concurrently

enrolled in a course for an instrument

rating in the category and class that is

appropriate to the aircraft type rating for

which the course applies (if the aircraft

does not hold a VFR limitation). A

person who is concurrently enrolled in

a course for an instrument rating would

be required to satisfactorily accomplish

the required practical test concurrently

with the aircraft type rating practical

test.

A minimum of 15 hours of ground

training was proposed. A minimum of

25 hours of flight training was proposed,

of which at least 15 hours was required

to be instrument flight training in the

aircraft for which the course applied.

Comments: UND Aerospace reiterates

its view, as expressed with respect to

appendixes F and G, that there should

be no specific hourly training

requirement because training should be

conducted to a proficiency level. The

commenter also recommends revising

the language of paragraph (4)(a)(1) to

include a reference permitting the use of

a flight training device instead of an

aircraft.

FAA Response: Upon further review

of this appendix, the FAA noted an

error in the proposed ground and flight

training hour requirements. The

proposed requirements of 15 hours of

ground training and 25 hours of flight

training exceeded existing training

requirements. The FAA has determined

that there have been no safety problems

to require such an increase in training

time. Therefore, the final rule reflects

the existing requirements of 10 hours of

ground training and 10 hours of flight

training.

In response to UND’s

recommendation that this appendix

should not provide any specific hourly

training requirements, the FAA notes

that § 141.55 permits a school to submit

a course for approval that contains less

training time than in part 141. With

regard to UND’s recommendation to

permit the use of flight training devices,

the FAA notes that this appendix

provides for the crediting of training

time received in flight simulators and

flight training devices that meet the

requirements of § 141.41 (a) and (b).

Flight simulators may be used to receive

credit for up to 50 percent of the total

flight training hour requirements of this

appendix, and flight training devices

may be used to receive credit for up to

25 percent of the total flight training

requirements of this appendix. The FAA

notes that training received in flight

simulators and flight training devices

may not be used to satisfy more than 50

percent of the flight training

requirements of the final rule.

The final rule deletes proposed

paragraph (b) of section No. 2, which

referred to medical certificates because

the medical certificate requirements are

included in § 61.23. See the analysis of

that section for further discussion.

The proposed rule is adopted with

these changes and other minor editorial

changes.

Appendix K—Special Preparation

Courses

The FAA proposed to establish

criteria in appendix K for special

preparation courses, similar to those in

existing appendix H, ‘‘Test Preparation

Courses.’’ These proposed courses were

similar to the existing test preparation

courses, but expanded the concept of

specialized courses. The proposed

appendix included the proposals in part

61 to: (1) certificate ground instructors

under part 61, (2) revise aeronautical

knowledge areas, and (3) set forth

approved areas of operation.

The proposed appendix included: (1)

flight instructor refresher courses, (2)

ground instructor refresher courses, (3)

special operations courses, and (4) test

pilot courses.

The FAA proposed that to enroll in

the flight portion of the proposed

courses, a person must hold a pilot

certificate appropriate to the operating

privileges or authorization sought. For

example, if after graduation the person

operates an aircraft under part 133,

‘‘Rotorcraft External-Load Operations,’’

that person was required to hold at least

a commercial pilot certificate with a

rotorcraft-helicopter rating. Each

student enrolled in these courses was

required to satisfactorily accomplish

stage checks and end-of-course tests to

graduate.

The FAA also proposed to require that

a person enrolling in the flight portion

of the course hold at least a third-class

medical certificate, if a medical

certificate was required in part 61 of this

chapter, or a signed and dated statement

by the person certifying that the person

enrolling had no known medical defect

that makes that person unable to pilot

a glider or a balloon.

The proposed agricultural aircraft

operations required a minimum of 25

hours of ground training and 15 hours

of flight training as found in section No.

8 of existing appendix H. This proposal

eliminated the option in appendix H to

include up to 5 hours of supervised

pilot in command practice. The ground

training requirements were clarified and

expanded to include training on: (1)

Agricultural aircraft operations; (2) safe

operating procedures for handling and

dispensing agricultural and industrial

chemicals, including operating in and

around congested areas; and (3)

applicable provisions of part 137. The

flight training requirements were

clarified to include training on

agricultural aircraft operations.

The proposed course on rotorcraft

external-load operations continued to

require a minimum of 10 hours of

ground training and 15 hours of flight

training, as found in section No. 9 of

existing appendix H. The ground

training requirements include: (1)

Rotorcraft external-load operations; (2)

safe operating procedures for externalload operations, including operating in

and around congested areas; and (3) the

applicable provisions of part 133. The

flight training requirements include

training on external-load operations.

The FAA proposed to establish basic

criteria for a test pilot course. The

proposed course requirements included

ground training on the following: (1)

Aircraft maintenance, quality assurance,

and certification test flight operations;

(2) safe operating practices and

procedures for performing aircraft

maintenance, quality assurance, and

certification test flight operations; (3)

applicable parts of the FAR that pertain

to aircraft maintenance, quality

assurance, and certification tests; and

(4) test pilot duties and responsibilities.

The course also required a minimum of

15 hours of flight training on test pilot

duties and responsibilities.

The FAA proposed to establish

minimum criteria for special operations

courses, including pipeline patrol,

shoreline patrol, and aerial
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16293

photography. The requirements of each

course were not specifically designated.

The intent of the proposal was to

provide an incentive to, and flexibility

for, part 141 pilot schools to develop

specialized courses and improve

business opportunities.

The FAA proposed to revise the pilot

refresher course in section No. 7 of

existing appendix H. The course

continued to require 4 hours of ground

training and 6 hours of flight training.

The proposed course did not

specifically include the current option

for up to 2 hours of the 6 hours to be

directed solo practice, but permitted the

school more flexibility in designing a

syllabus that best fits each student’s

needs. The ground training

requirements included: (1) Aeronautical

knowledge areas that are applicable to

each student’s pilot certificate level,

aircraft category and class rating, or

instrument rating, as appropriate; (2)

safe pilot operating practices and

procedures; and (3) applicable

provisions of parts 61 and 91 for pilots.

The flight training requirements were

clarified to include flight training on the

approved areas of operation that are

applicable to the level of each student’s

pilot certificate, aircraft category and

class rating, or instrument rating, as

appropriate, for performing pilot in

command duties and responsibilities.

On April 6, 1994, the FAA issued

Amendment No. 61–95, ‘‘Renewal of

Flight Instructor Certificates’’ (59 FR

17646). In that final rule, the FAA

revised § 61.197(c) by deleting the

current 24-hour requirement for an

approved flight instructor refresher

course. In this appendix, the FAA

proposed establishing a flight instructor

refresher course consisting of at least 16

hours of ground training, flight training,

or any combination of ground and flight

training. The ground training included

the: (1) Aeronautical knowledge areas of

part 61 that apply to student,

recreational, private, and commercial

pilot certificates and instrument ratings;

(2) aeronautical knowledge areas that

apply to flight instructors; (3) safe pilot

operating practices and procedures,

including airport operations and

operating in the NAS; and (4) applicable

provisions of parts 61 and 91 that apply

to holders of pilot and flight instructor

certificates. The flight training course

included a review of the: (1) approved

areas of operations that are applicable to

student, recreational, private, and

commercial pilot certificates and

instrument ratings; and (2) necessary

skills, competency, and proficiency for

performing flight instructor duties and

exercising flight instructor

responsibilities.

In addition, the FAA proposed criteria

for ground instructor refresher courses.

The proposed contents of this course

required ground training on: (1)

Aeronautical knowledge areas of part 61

that apply to student, recreational,

private, and commercial pilot

certificates and instrument ratings; (2)

aeronautical knowledge areas of part 61

that apply to ground instructor

certificates; (3) safe pilot operating

practices and procedures, including

airport operations and operating in the

NAS; and (4) applicable provisions of

parts 61 and 91 that apply to pilots and

ground instructor certificates.

Comments: A balloon school opposes

proposed paragraphs (11) and (12) of the

special preparation flight instructor and

ground instructor refresher courses,

which require 16 hours of ground and/

or flight training. The commenter states

that, for balloon instructor training,

such a course can be completed in 4

hours, and no flight training is

necessary.

FAA Response: The FAA

acknowledges the balloon school’s

concerns. As discussed in section IV,C,

the FAA is not adopting the proposed

flight instructor certificate for the

lighter-than-air category, and therefore

the proposed appendix requirements

would not apply to that school’s

instructors under the final rule.

In the final rule, the medical

certificate requirements for eligibility

for a course under this appendix have

been deleted because medical certificate

requirements are now contained in

§ 61.23. See the analysis of § 61.23 for

further discussion. Additionally, the

FAA has modified the appendix to

conform with the definitions of ‘‘flight

simulators’’ and ‘‘flight training device’’

set forth in Amendment No. 61–100.

Appendix L—Pilot Ground School

Course

In proposed appendix L, the FAA set

forth the requirements for the Pilot

Ground School course found in existing

appendix G. The proposal included an

additional general requirement that

ground training include those

aeronautical knowledge areas needed to

‘‘develop competency, proficiency,

resourcefulness, self-confidence, and

self-reliance in each student.’’

No substantive comments were

received, and except for minor editorial

changes, the final rule is adopted as

proposed.

Regulatory Evaluation Summary

Cost Benefit Analysis

The FAA has considered the impact

of this rulemaking action under

Executive Order 12866 and the

Department of Transportation’s

regulatory policies and procedures. This

rulemaking document was reviewed

under Executive Order 12866,

‘‘Regulatory Planning and Review.’’

This section has been determined to be

‘‘significant’’ under the Department of

Transportation’s regulatory policies and

procedures. The FAA has prepared an

economic assessment of the final rule.

The FAA has evaluated the anticipated

costs and benefits, which are

summarized below. For more detailed

economic information, see the full

regulatory evaluation contained in the

docket.

Discussion of Comments

In response to Notice No. 95–11, there

were many comments relating to pilot,

flight instructor or ground instructor,

and pilot school certification

requirements. The FAA’s response to

the technical issues raised by

commenters are addressed in the

preamble to the rule. The comments on

the economic impact of the notice and

FAA’s response are discussed as

follows:

Part-time or ‘‘Free Lance Instructors’’.

One commenter (No. 30) states that the

renewal requirements in the proposed

rule will place unwarranted economic

burdens upon new flight instructors,

those flight instructors who instruct part

time, and those ‘‘free lance’’ instructors

unaffiliated with a fixed base operator

(FBO). The commenter also does not

believe that the FAA provided any

supporting data explaining what safety

benefit will result from the proposed

conversion/renewal requirements.

FAA Response: The FAA believes that

any proposal written would inherently

favor some groups over other groups;

however, this proposal attempts to

minimize any bias. But the bias that the

commenter is talking about already

exists. (This commenter states that parttime or ‘‘free lance’’ instructors are

currently a threat and potential source

of lost revenue to FBOs. Consequently

these instructors have found it difficult

to conduct any instruction of any kind

in a multiengine airplane unless the

instructor or the student provides one.)

This specific issue is also outside the

scope of the final rule.

With regard to the renewal

requirements, the FAA is stating what

has been past policy as identified in

FAA Order 8700.1. Moreover, the

proposed rule (and this final rule) is

somewhat less restrictive than the

existing rule. The existing rule states

that the flight instructor certificate is

valid for 2 years from the expiration

date. Under the final rule, if the renewal
16294 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

date is for example, December 31, 1995,

then the flight instructor can renew his

or her certificate 90 days prior to the

expiration date. The expiration date will

be based on the December 31, 1995, date

in certain cases.

Redundancy of Separate Instrument

Ratings for Single Engine and

Multiengine Airplanes. One commenter

(No. 82) states that separate instrument

ratings for single-engine and

multiengine airplanes seems to be

redundant.

Another commenter (No. 3,800) states

that the proposed change adds

significantly to the total cost of

acquiring a commercial pilot certificate

with single-engine and multiengine

class ratings. This commenter states that

the added costs to him would be about

$5,500.

FAA Response: The FAA is

withdrawing this proposal. The FAA

will continue to enforce current policy

and will further clarify that policy in the

final rule.

Separate Instrument Rating Certificate

for Single-Engine and Multiengine

Airplane Instructors. A commenter (No.

639) argues that the FAA is imposing an

undue and unnecessary financial

burden upon an already depressed

industry (by requiring instructors to

obtain a special instrument instructor

certificate specifically for multiengine

aircraft). Other commenters (e.g., No.

4,765) provided similar comments. The

commenter argues that the proposed

rule will do nothing to improve the

quality of multiengine training and will

have no impact on safety. Other

commenters (e.g., Nos. 933; 1,466;

1,624; 1,661; 3,133) also state that to

require a separate checkride for a

certified flight instructor, instrument

and multiengine (CFII MEI) would add

time and cost for the instructor with no

significant increase in knowledge or

safety. This commenter states that

instrument work does not change with

the addition of an engine, and CFIs who

provide multiengine training must hold

a commercial multiengine license with

instrument privileges.

FAA Response: The FAA agrees with

these commenters and has withdrawn

this proposal.

Ratings for Flight Instructors. A

commenter (No. 1,661) is opposed to the

requirement that existing flight

instructors who hold instrument

airplane and multiengine ratings on

their flight instructor certificates must

have given 20 hours of flight training in

a multiengine airplane for the issuance

of an instrument multiengine airplane

rating. In addition, the instructor must

have recommended at least one student

for the instrument airplane practical test

who passes, or the flight instructor must

pass a practical test to have his/her

flight instructor certificate converted

under the proposed changes. The

commenter argues that this does not

increase public safety but places a huge

financial burden on instructors. This

commenter states that the cost of an

additional multiengine instrument

instructor practical test would easily

approach $500 per instructor, which

includes the rental of a light twinengine airplane at $150 per hour

combined with an average fee of $150 to

$200 per designated pilot examiner.

This commenter also states that flight

instructors as a whole are highly skilled.

The commenter cites a report stating

that for 1994, while flight instruction

accounted for over 23 percent of flying

activity, it accounted for only 4.5

percent of fatal accidents. He concludes

that flight instruction is one of the safest

of all aviation activities and therefore

flight instructors do not need additional

testing.

FAA Response: The FAA agrees with

the commenters and is withdrawing this

proposal.

Passing the Instrument Proficiency

Test of § 61.57 in an Airship. A

commenter (No. 1,772) states that it is

costly and time consuming to take a

full-blown proficiency check in an

airship. Each instrument approach takes

7 to 10 times the amount of time an

airplane or helicopter would take to

execute each maneuver, based on the

slow groundspeed of the airship. With

any wind component, additional time

on the ‘‘upwind’’ portion of the

approach might bring air traffic control

(ATC) useable airspace to a standstill

during such operations. At a minimum

of $500 per hour, the operating costs

involved during a proficiency check

would take in excess of 5 hours and cost

over $2,500. He also argues that the

philosophy extends to instrument

‘‘currency’’ requirements. Ten to twelve

instrument approaches in 2 hours flight

time is virtually impossible to complete

in a fast-moving airplane, much less in

a vehicle moving at less than 30 knots

and more, acutely affected by winds.

FAA Response: The existing rule

(§ 61.57(e)(i)) covering instrument

experience states that the pilot must

have logged at least 6 hours of

instrument time under actual or

simulated IFR conditions, at least three

of which were in flight in the category

of aircraft involved, including at least

six instrument approaches. In other

words, the pilot currently must have 6

hours of instrument experience. Under

the current rule, the commenter is

required to take a proficiency check,

therefore this comment is unfounded.

The FAA acknowledges, however, that

the language contained in the preamble

to the proposed rule was unclear. The

FAA has corrected the preamble in the

rule.

Sharing of Expenses. Commenters

(Nos. 3,320; 4,237; and 5,062) believe

that the FAA should clarify and relax

the interpretation of ‘‘sharing

expenses.’’ One commenter (No. 3,320)

believes that pilots should be permitted

to share equally the costs of aircraft

rental (or equivalent costs if the aircraft

is owned by the pilot), and not simply

fuel and oil costs. This commenter

states that his hourly cost (based on

total direct cost—insurance,

maintenance, fuel) runs about $65 per

hour, excluding depreciation for his

Cessna 172. Fuel and oil costs are about

$25 per hour. The cost to rent a similar

aircraft in his area is about $70. This

commenter states that strict pro rata

sharing of only fuel and oil costs

discourages pilots from using their

aircraft and maintaining piloting skills.

Sharing only fuel and oil costs with one

passenger means that the pilot assumes

80 percent or more of the true cost of

‘‘sharing expenses.’’ Finally, the

commenter states that the FAA should

encourage pilots to use their skills,

rather than financially penalizing them

for taking passengers who wish to travel

to a common destination. Other

commenters (e.g., No. 4,792) are also

opposed to the revision regarding

shared expenses.

Another commenter (No. 3,407)

believes that the revised text ‘‘share

equally’’ will remove confusion from

most private pilots. However, the

proposed text does not specifically

address rental of an aircraft by a pilot

for a flight with passengers, all of whom

share a common purpose for taking the

flight. The commenter presents an

example showing that the pilot would

pay a greater share of expenses than

each of the passengers. He estimates that

a Cessna 172 rents for $50 per hour. The

airplane consumes 8 gallons of fuel per

hour at $2 per gallon and one-half pint

of oil at $3 per quart. The commenter

concluded that the proposed rule would

reduce revenue at a number of FBOs

that depend on aircraft rental revenue

and will reduce pilot flight hours since

many pilots will not take flights that

would otherwise be affordable.

FAA Response: The FAA has

rewritten the final rule to allow for the

sharing of all expenses specified in

§ 61.113(c).

Glider Class Ratings and Testing. A

commenter (No. 3,707) opposes the FAA

dividing the glider category into two

classes for pilot certificates and ratings:

powered glider and nonpowered glider.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16295

He contends that converting current

glider pilot and flight instructor

certificates to the new class ratings over

a 2-year period does not keep with the

stated goal of promoting aviation and

reducing the regulatory burden. He

states that there are no more than 200

aircraft that could be classified under

the proposed ‘‘powered glider’’ class. He

also states that 15,000 licensed glider

pilots would have to be retested at $300

per pilot or $4.5 million total. He’s not

even sure that there are enough certified

flight instructors, ground (CFI–G’s) to do

this in 2 years.

SSA (No. 5,220) does not believe that

the FAA should establish a class rating

for powered gliders. The commenter

believes that the proposed rule goes

beyond the scope of lessening the

burden of regulatory reform to establish

a class rating for a minimal size group

that has not shown a propensity to

denigrate safety. The commenter cites

statistics from the Soaring Safety

Foundation showing that during the

period of 1981 through 1995, powered

sailplanes were involved in nine

accidents which resulted in four

fatalities. The commenter also states

that there are currently about 200

licensed powered sailplanes, and by

2002 there will be about 214. There are

also about 300 active members in the

American Soaring Society ‘‘checked

out’’ in powered sailplanes. This

number is expected to increase to 321

pilots by the end of 2002. However,

there are currently about 1,000 pilots

‘‘checked out’’ in powered sailplanes.

Another commenter (No. 5,411) states

that glider class ratings are unnecessary.

The commenter notes that a pilot who

took his or her test in a traditional

glider, and who owns and flies a

powered glider would, under this

proposal, have to hire an instructor,

receive training in an aircraft the pilot

is already flying, get an endorsement

from the instructor, and take another

test in his or her powered glider. This

commenter states that there are few

powered glider instructors and that they

are costly.

FAA Response: The FAA will not

create separate class ratings for powered

and nonpowered gliders. There is

insufficient safety justification to

support this change for separate class

ratings.

CFI for Lighter-than-air Aircraft. A

commenter (No. 4,283) opposes the FAA

creating a CFI rating for lighter-than-air

aircraft for several reasons. The

commenter states that in the state of

Michigan during the past 15 years, there

have been only three balloon accidents

and they were minor in nature with no

fatalities. The balloon community will

be reduced in size should the FAA

require a CFI rating for balloons. The

entry costs of flying balloons is about

$35,000 for new equipment. Adding the

training costs to this would make

ballooning too expensive for most

people. In addition, for every lesson

completed, there are usually two or

three scheduled sessions that are

‘‘weathered out.’’ Another commenter

(No. 4,437), an employee of a hot air

balloon manufacturer, says that the

proposed rule would result in fewer

balloon sales. The commenter believes

that as many as 40 employees at their

facility would lose their jobs. Other

commenters (Nos. 4,642 and 4,903)

believe that any increase in costs would

limit the growth in ballooning and that

it would be impossible to maintain an

instructor certificate under the proposed

rule because the costs of maintaining a

certificate would increase, and often a

good flight instructor may only be able

to train one student per year and in

some cases no students in a given year.

Another commenter (No. 2,807) states

that the creation of a lighter-than-air

flight instructor rating will make

obtaining a gas balloon certificate so

expensive that all but the very rich will

be eliminated from obtaining a

certificate. The current cost of helium

for one flight is approximately $3,600

delivered to the site. With a two flight

minimum as proposed within 60 days,

the nominal cost of the certificate will

approach $10,000.

FAA Response: The FAA agrees with

these commenters and is withdrawing

this proposal. The FAA is not

establishing a flight instructor certificate

in the lighter-than-air category because

operational requirements and accident/

incident data do not establish a

sufficient safety justification for the

increased regulatory and economic

burden.

Small Business Impact. A commenter

(No. 4,307) questions the FAA

conclusion that there would not be a

significant economic impact on a

substantial number of small entities in

the helicopter industry (training). This

commenter asks how many of those

entities may have the desire or the

financial ability to equip and maintain

their aircraft to meet these new rules,

and if they could, would then be willing

to place these aircraft in the areas of risk

that are proposed in the new rules. The

commenter also states that proposed

§ 61.129(5)(i) requires 5 hours of

instrument training in a helicopter. The

added cost would be $1,150 per

instructor. The commenter further states

that it would force the small operator to

purchase ready-equipped aircraft or

spend a minimum of about $15,000 per

aircraft to bring it up to IFR training

capability. In addition, small operators

do not have helicopter CFIIs on staff, so

either these schools would have to train

these otherwise qualified instructors, or

replace them with other individuals. If

a helicopter instructor is not

instrument-rated in another category,

the cost for the instrument rating would

be over $10,500 per instructor.

FAA Response: The FAA agrees with

this commenter. The final rule does not

require that the equipment be class

specific. An applicant can take the

instrument training in any kind of

aircraft, flight simulator, or other ground

training device.

Cost of Medical. A commenter (No.

144) who flies for pleasure argues that

he flies high performance gliders and

self evaluates himself because of the

cost of obtaining a third-class medical to

fly powered aircraft. The commenter

states that he had an angioplasty in 1988

and states that the required tests for a

third-class medical after his angioplasty

cost about $1,800–$2,000 more. He

believes that it is as ‘‘safe for powered

pilots, flying for pleasure, out of the

terminal area, VFR day light, with one

passenger, maximum four place 180

H.P. as it is for me to fly high

performance gliders, with one passenger

for pleasure, and have the same selfcertifying ability.’’

A second commenter (No. 2,857)

states that he has chosen to fly under

part 103 in an ultralight to avoid paying

the $1,000 per year medical testing.

FAA Response: The FAA carefully

considered these cost comments as well

as other comments pertaining to the

proposal that pilots who hold

recreational pilot privileges, student

pilots operating within the limitations

of a recreational pilot certificate, and

those higher-rated pilots who elect to

exercise only recreational pilot

privileges be permitted to operate

aircraft without holding a medical

certificate. The FAA’s overriding

concern is safety, and before such a

significant change can be adopted, the

FAA must determine that the level of

safety will not be degraded. The FAA

has decided, therefore, to withdraw the

proposed change from the final rule.

The FAA intends to conduct additional

analysis on this proposal and may issue

a separate rulemaking action in the

future.

Elimination of ‘‘Simulated Tow’’

Option. A commenter (No. 2,295) argues

that the elimination of the ‘‘simulated

tow’’ option found in proposed

§ 61.69(c)(2) will place a serious

operational and financial hardship on

many glider operations. The majority of

aircraft used for glider towing are single-
16296 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

1 Based on a record of conversation between Gary

Becker, USDT, FAA, APO–310 and James Short,

Chairman, SSA Government Liaison Board. April

16 and 17, 1996.

2 Based on a record of conversation between

Duke Shepard, USDT, FAA, APO–310 and Nathan

Lemmon, President, Memphis Soaring Society.

March 27, 1996.

place and many two-place aircraft are

not well suited for this service. The

commenter estimates that over 70

percent of the glider towing in the

United States is done with single-place

aircraft. The club that the commenter

belongs to checks out four to five new

tow pilots each year and the closest twoplace tow plane is several hundred

miles away from their operation. He

estimates that the additional cost for the

elimination of the ‘‘simulated tow’’

option will be $500 per tow pilot.

SSA (No. 5,220) also does not agree

with the FAA’s belief that safety would

be better served by eliminating the

second method of tow endorsement in

current § 61.69. The commenter states

that there are numerous clubs and

commercial operators that tow with

single-place tow planes and eliminating

the second part of § 61.69 would create

a severe limitation on those operators. It

would require having an aircraft with

two pilot seats and a tow hitch available

to complete the checkout, or hiring a

multiplace tow plane with a tow hitch

to do the checkouts.

FAA Response: After the comment

period closed, the FAA specifically

discussed this issue with SSA in order

to gather additional clarifying

information. There are about 350

soaring sites in the United States and

about 4 tow planes per site. Of the 1,500

tow planes, about 1,000 are single-seat

and 500 are two-seat airplanes. Most

operators do not use the simulated

towing option. For those operators that

do, the cost of an approved tow kit is

about $600 for parts and another $600

for labor. Some operators may not want

to install tow kits on their airplanes

because it chops their airplane up.

Consequently, some tow pilots may

have to travel to other soaring sites to

be checked out in a two-place tow plane

with a hitch.1

After the comment period closed, the

FAA also contacted the Memphis

Soaring Society (No. 2,295) to clarify

their comment.2 The commenter claims

that the most common single place tow

aircraft are 235 horsepower Piper PA–

25s. This aircraft, originally built for

agricultural operations, became

available for glider towing when

agricultural operators moved up to

higher-powered turbine aircraft. Some

two-place tow planes are the Piper

Super Cub, the Citabria, the Maule, and

a model of the Bellanca (all

taildraggers). This operator states that

they own one Piper PA 25. The nearest

two-seat airplane is a Maule, which is

200 miles away. The estimated added

cost is $200 for the Maule, and $300 for

transportation, overnight

accommodations, and meals.

After carefully reviewing this

information, the FAA concludes that

some operators may incur added costs

associated with eliminating this option.

Given the lack of safety benefits, the

FAA is withdrawing the proposal to

eliminate the simulated tow option.

Extensive Use of Ground Trainers and

250-Hour Experience Requirement for

Part 141 Schools. A commenter (No.

2,388) uses ground trainers extensively.

They have found that they can provide

more quality training in this equipment

given the cost than they can in aircraft.

Their present part 141-approved

instrument course has 30.9 hours in

airplanes and 28.7 hours in ground

trainers. This commenter states that

their trainers would meet the

requirements of proposed § 141.41(a)(1),

but would only be valid for 10 percent

of the course. Consequently, their cost

per student would increase by $1,000

and training quality would be greatly

reduced. Their present course is 58

hours total time, of which 28 hours are

in a ground trainer. Ten percent of 58

is only about 6 hours, or 22 hours less

than present. The commenter contends

that the only way to survive would be

to reduce their course time to 35 hours

with 3.5 hours in a ground trainer.

Another commenter addressed the

250-hour experience requirement for

part 141 FAA approved schools. This

commenter (No. 2,554) states that

economically the only incentive to

retain part 141 status would be the 5-

hour reduction in flight time required

for the private pilot and instrument

rating courses. The small difference in

flight hours would not offset the

internal cost of completing flight

instructor ground training requirements

and conducting flight competency check

rides.

A third commenter (No. 4,938) argues

that proposed part 141 Appendix D—

Commercial Pilot Certification Course

would now require pilot flight time to

increase from 190 hours to 250 hours.

At his pilot school, this would increase

the cost of the commercial certificate for

their students by $3,360 to $4,260

depending on the mix of dual or solo

flight time. The only advantage of

training under part 141 would be

examining authority by the pilot school

and not having to pay a designated

examiner’s fee.

FAA Response: The final rule has

been changed to reflect the comments of

these individuals. The FAA will allow

the use of flight training devices to bring

students up to current requirements.

Students will be issued a certificate after

completing the requirements for a part

141 course. There will be no additional

time requirement.

Economic Impact on the Industry. A

commenter (No. 3,818) states that the

economic impact of this proposed rule

has not been addressed and that the cost

of training will increase without any

clear indication that there will be any

benefits.

FAA Response: A summary of the

regulatory evaluation to the proposed

rule along with the proposed rule and

a copy of the regulatory evaluation is

available in the public docket. In the

past decade (as discussed in the

regulatory evaluation) general aviation

accidents, both overall accidents and

fatal accidents have decreased in

number as well as in rate per 100,000

aircraft hours. However, the percentage

of total accidents where pilot error is

cited as a causal factor has increased.

The analysis for Notice No. 95–11

concludes that although other areas of

accident causes have been addressed,

pilot error has yet to be effectively

controlled.

The FAA focused on pilot-error

related accidents due to the focus of this

rulemaking on pilot training. All

accidents where pilot error was cited as

a cause or a factor are counted in the

above stated percentage of pilot error

accidents. For example, accidents

occurring due to weather or equipment

failure may also be included in the

count of pilot error accidents. An

accident that occurs due to depletion of

fuel that is a result of pilot error is cited

as a causal factor. That way, the FAA

defines the number of accidents to be

considered by eliminating accidents that

are solely caused by weather, systems,

equipment, instruments, or some other

factor not addressed by the proposed

rule.

Biennial Flight Review Class Specific.

A commenter (No. 4,557) was under the

impression that the proposed rule

would have required BFRs to be class

specific. This commenter provided

substantial cost data to the FAA on his

costs should the FAA make BFRs class

specific.

FAA Response: The FAA did not

propose, nor does the final rule require,

that BFRs be class specific.

Additional Training Required for

Operating High Performance Airplanes.

AOPA (No. 5412) discusses the

additional training required for

operating high performance airplanes.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16297

3 The basis for this analysis is Work Order No.

27 of Contract DTFA01–88–C–00059 by Gellman

Research Associates, Inc. (GRA), titled: ‘‘Regulatory

Evaluation, Initial Regulatory Flexibility

Determination, and Trade Impact Assessment

Notice of Proposed Rulemaking to Revise 14 CFR

Part 61, 14 CFR Part 141, and 14 CFR Part 143.’’

Jenkinton, Pennsylvania. December 23, 1992.

The current regulation defines high

performance as having an engine output

of more than 200 horsepower. The

proposed rule changed this definition to

include aircraft of 200 horsepower or

more. AOPA believes that this change

will impact thousands of pilots and

additional aircraft.

According to AOPA, a significant

number of aircraft have been type

certified at 200 horsepower and

currently are not included in the high

performance endorsement requirement.

By lowering the requirement only one

horsepower, FAA would be placing new

training requirements on a large portion

of the pilot community with no

justification presented for the change.

AOPA urges the FAA to maintain the

current definition of high performance

at more than 200 horsepower.

FAA Response: The FAA has

reviewed the information provided by

this and other commenters. The FAA

has decided to require separate

endorsements for complex and high

performance aircraft. However, the FAA

will not go forward with the proposal to

include airplanes with 200 horsepower

as high performance airplanes.

Costs and Benefits

The FAA estimates, based on an

analysis by Gellman Research

Associates, Inc.3 (GRA), information

submitted to the public docket, that the

present value cost of this final rule

discounted 7 percent over 10 years is

$310,000. The only provision adding

significant costs is final § 61.101.

Section 61.65, which modifies the

flight time requirement for an

instrument rating provides the greatest

cost savings at $14.6 million annually

($102.54 million discounted or 38.6

percent of $265 million).

The FAA has determined that the

final rule is cost-beneficial.

International Trade Impact Analysis

The Office of Management and Budget

(OMB) requires Federal agencies to

determine whether any rule or

regulation will have an impact on

international trade. The revisions

discussed in this report primarily affect

the domestic operations of individual

pilots, flight instructors, and ground

instructors, not of business entities. In

the case of pilot schools or aircraft

operators, it is not likely that the

services produced by these entities

would involve international trade flows

of aviation products or services and thus

do not impact trade opportunities for

U.S. firms doing business overseas and

foreign firms doing business in the

United States. Thus, the changes will

have no impact on trade opportunities

for U.S. firms doing business overseas or

foreign firms doing business in the

United States.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980

(Act) (Public Law 96–354; September

19, 1980) was passed by Congress to

ensure that small entities are not overly

burdened by government regulations

relative to large entities. Because laws

and regulations designed for large

entities have been applied uniformly to

small businesses without regard to scale

or resources, Federal rules may impose

‘‘unnecessarily and disproportionately

burdensome demands’’ upon small

entities.

As a result, this Act required all

Federal agencies, including the FAA to

determine whether any proposed

regulation would have ‘‘a significant

economic impact on a substantial

number of small entities.’’ The existence

of such an impact might lead to

alternative regulatory approaches that

would recognize differences between

the ability of small and large entities to

fulfill regulatory requirements.

All of the major changes to the rules

affect pilots, flight instructors, and

ground instructors, who are individuals

rather than business entities or

government entities. The revisions that

impact pilot schools do not exceed the

cost-threshold level, as found in FAA

Order 2100.14A, ‘‘Regulatory Flexibility

Criteria and Guidance’’ (September

1986). In fact, as this report shows, the

final rule would result in net annual

cost savings of about $3,000 for all pilot

schools. The FAA has determined that

the revisions will not have a significant

economic impact on a substantial

number of small entities.

Federalism Implications

The regulation herein will 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 the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule will not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995, no persons are required to

respond to a collection of information

unless it displays a valid OMB control

number. The valid OMB control number

assigned to the collection of information

for § 61.3 is 2120–0034. The valid OMB

control number assigned to the

collection of information for §§ 61.13

through 61.197 is 2120–0021. The valid

OMB control number assigned to the

collection of information for part 141 is

2120–0009.

Unfunded Mandates Reform Act

Assessment

Title II of the Unfunded Mandates

Reform Act of 1995 (the Act), enacted as

Pub. L. 104–4 on March 22, 1995,

requires each Federal agency, to the

extent permitted by law, to prepare a

written assessment of the effects of any

Federal mandate in a proposed or final

agency rule that may result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

(adjusted annually for inflation) in any

one year. Section 204(a) of the Act, 2

U.S.C. 1534(a), requires the Federal

agency to develop an effective process

to permit timely input by elected

officials (or their designees) of State,

local, and tribal governments on a

proposed ‘‘significant intergovernmental

mandate.’’ A ‘‘significant

intergovernmental mandate’’ under the

Act is any provision in a Federal agency

regulation that would impose an

enforceable duty upon State, local, and

tribal governments, in the aggregate, of

$100 million (adjusted annually for

inflation) in any one year. Section 203

of the Act, 2 U.S.C. 1533, which

supplements section 204(a), provides

that before establishing any regulatory

requirements that might significantly or

uniquely affect small governments, the

agency shall have developed a plan that,

among other things, provides for notice

to potentially affected small

governments, if any, and for a

meaningful and timely opportunity to

provide input in the development of

regulatory proposals.

This proposed rule does not meet the

cost thresholds described above.

Furthermore, this proposed rule would

not impose a significant cost on small

governments and would not uniquely

affect those small governments.

Therefore, the requirements of Title II of

the Unfunded Mandates Reform Act of

1995 do not apply.
16298 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Conclusion

For the reasons discussed in the

preamble, and based on the findings in

the Regulatory Flexibility Determination

and the International Trade Impact

Analysis, the FAA has determined that

this regulation is a ‘‘significant

regulatory action’’ under Executive

Order 12866. In addition, the FAA

certifies that this 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. This rule is

considered significant under DOT Order

2100.5, ‘‘Policies and Procedures for

Simplification, Analysis, and Review of

Regulations.’’ A regulatory evaluation of

the rule, including the Regulatory

Flexibility Determination and

International Trade Impact Analysis,

has been placed in the docket.

List of Subjects

14 CFR Part 1

Air transportation.

14 CFR Part 61

Air safety, Aircraft, Aircraft pilots,

Airmen, Airplanes, Aviation safety,

Compensation, Education, Foreign

persons, Helicopters, Pilots, Rotorcraft,

Safety, Students, Teachers,

Transportation.

14 CFR Part 141

Air safety, Air transportation, Aircraft

pilots, Airmen, Airplanes, Aviation

safety, Balloons, Education, Educational

facilities, Helicopters, Pilots, Rotorcraft,

Safety, Schools, Students, Teachers,

Transportation.

14 CFR Part 143

Air safety, Air transportation, Airmen,

Airplanes, Aviation safety, Education,

Educational Facilities, Safety, Students,

Teachers, Transportation.

The Amendments

In consideration of the foregoing and

under the authority of 49 U.S.C. 44702,

the FAA amends parts 1, 61, 141, and

143 of the Federal Aviation Regulations

(14 CFR parts 1, 61, 141, and 143) as

follows:

PART 1—DEFINITIONS AND

ABBREVIATIONS

1. The authority citation for part 1

continues to read as follows:

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

2. Section 1.1 is amended by revising

the definitions of balloon, flight time,

and pilot in command, and adding the

definition of powered-lift to read as

follows:

§ 1.1 General definitions.

* * * * *

Balloon means a lighter-than-air

aircraft that is not engine driven, and

that sustains flight through the use of

either gas buoyancy or an airborne

heater.

* * * * *

Flight time means:

(1) Pilot time that commences when

an aircraft moves under its own power

for the purpose of flight and ends when

the aircraft comes to rest after landing;

or

(2) For a glider without self-launch

capability, pilot time that commences

when the glider is towed for the purpose

of flight and ends when the glider

comes to rest after landing.

* * * * *

Pilot in command means the person

who:

(1) Has final authority and

responsibility for the operation and

safety of the flight;

(2) Has been designated as pilot in

command before or during the flight;

and

(3) Holds the appropriate category,

class, and type rating, if appropriate, for

the conduct of the flight.

* * * * *

Powered-lift means a heavier-than-air

aircraft capable of vertical takeoff,

vertical landing, and low speed flight

that depends principally on enginedriven lift devices or engine thrust for

lift during these flight regimes and on

nonrotating airfoil(s) for lift during

horizontal flight.

* * * * *

3. Part 61 is revised to read as follows:

PART 61—CERTIFICATION: PILOTS,

FLIGHT INSTRUCTORS, AND GROUND

INSTRUCTORS

SPECIAL FEDERAL AVIATION

REGULATIONS

SFAR 58 [NOTE]

SFAR 73

Subpart A—General

Sec.

61.1 Applicability and definitions.

61.2 Certification of foreign pilots, flight

instructors, and ground instructors.

61.3 Requirement for certificates, ratings,

and authorizations.

61.4 Approval of flight simulators and flight

training devices.

61.5 Certificates and ratings issued under

this part.

61.7 Obsolete certificates and ratings.

61.9 [Reserved]

61.11 Expired pilot certificates and

reissuance.

61.13 Issuance of airman certificates,

ratings, and authorizations.

61.14 Refusal to submit to a drug or alcohol

test.

61.15 Offenses involving alcohol or drugs.

61.16 Refusal to submit to an alcohol test or

to furnish test results.

61.17 Temporary certificate.

61.19 Duration of pilot and instructor

certificates.

61.21 Duration of a Category II and a

Category III pilot authorization (for other

than part 121 and part 135 use).

61.23 Medical certificates: Requirement and

duration.

61.25 Change of name.

61.27 Voluntary surrender or exchange of

certificate.

61.29 Replacement of a lost or destroyed

airman or medical certificate or

knowledge test report.

61.31 Type rating requirements, additional

training, and authorization requirements.

61.33 Tests: General procedure.

61.35 Knowledge test: Prerequisites and

passing grades.

61.37 Knowledge tests: Cheating or other

unauthorized conduct.

61.39 Prerequisites for practical tests.

61.41 Flight training received from flight

instructors not certificated by the FAA.

61.43 Practical tests: General procedures.

61.45 Practical tests: Required aircraft and

equipment.

61.47 Status of an examiner who is

authorized by the Administrator to

conduct practical tests.

61.49 Retesting after failure.

61.51 Pilot logbooks.

61.53 Prohibition on operations during

medical deficiency.

61.55 Second-in-command qualifications.

61.56 Flight review.

61.57 Recent flight experience: Pilot in

command.

61.58 Pilot-in-command proficiency check:

Operation of aircraft requiring more than

one pilot.

61.59 Falsification, reproduction, or

alteration of applications, certificates,

logbooks, reports, or records.

61.60 Change of address.

Subpart B—Aircraft Ratings and Pilot

Authorizations

61.61 Applicability.

61.63 Additional aircraft ratings (other than

airline transport pilot).

61.64 [Reserved].

61.65 Instrument rating requirements.

61.67 Category II pilot authorization

requirements.

61.68 Category III pilot authorization

requirements.

61.69 Glider towing: Experience and

training requirements.

61.71 Graduates of an approved training

program other than under this part:

Special rules.

61.73 Military pilots or former military

pilots: Special rules.

61.75 Private pilot certificate issued on the

basis of a foreign pilot license.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16299

61.77 Special purpose pilot authorization:

Operation of U.S.-registered civil aircraft

leased by a person who is not a U.S.

citizen.

Subpart C—Student Pilots

61.81 Applicability.

61.83 Eligibility requirements for student

pilots.

61.85 Application.

61.87 Solo requirements for student pilots.

61.89 General limitations.

61.91 [Reserved]

61.93 Solo cross-country flight requirements.

61.95 Operations in Class B airspace and at

airports located within Class B airspace.

Subpart D—Recreational Pilots

61.96 Applicability and eligibility

requirements: General.

61.97 Aeronautical knowledge.

61.98 Flight proficiency.

61.99 Aeronautical experience.

61.100 Pilots based on small islands.

61.101 Recreational pilot privileges and

limitations.

Subpart E—Private Pilots

61.102 Applicability.

61.103 Eligibility requirements: General.

61.105 Aeronautical knowledge.

61.107 Flight proficiency.

61.109 Aeronautical experience.

61.110 Night flying exceptions.

61.111 Cross-country flights: Pilots based

on small islands.

61.113 Private pilot privileges and

limitations: Pilot in command.

61.115 Balloon rating: Limitations.

61.117 Private pilot privileges and

limitations: Second in command of

aircraft requiring more than one pilot.

61.118—61.120 [Reserved].

Subpart F—Commercial Pilots

61.121 Applicability.

61.123 Eligibility requirements: General.

61.125 Aeronautical knowledge.

61.127 Flight proficiency.

61.129 Aeronautical experience.

61.131 Exceptions to the night flying

requirements.

61.133 Commercial pilot privileges and

limitations.

61.135—61.141 [Reserved]

Subpart G—Airline Transport Pilots

61.151 Applicability.

61.153 Eligibility requirements: General.

61.155 Aeronautical knowledge.

61.157 Flight proficiency.

61.158 [Reserved]

61.159 Aeronautical experience: Airplane

category rating.

61.161 Aeronautical experience: Rotorcraft

category and helicopter class rating.

61.163 Aeronautical experience: Poweredlift category rating.

61.165 Additional aircraft category and

class ratings.

61.167 Privileges.

61.169—61.171 [Reserved]

Subpart H—Flight Instructors

61.181 Applicability.

61.183 Eligibility requirements.

61.185 Aeronautical knowledge.

61.187 Flight proficiency.

61.189 Flight instructor records.

61.191 Additional flight instructor ratings.

61.193 Flight instructor privileges.

61.195 Flight instructor limitations and

qualifications.

61.197 Renewal of flight instructor

certificates.

61.199 Expired flight instructor certificates

and ratings.

61.201 [Reserved]

Subpart I—Ground Instructors

61.211 Applicability.

61.213 Eligibility requirements.

61.215 Ground instructor privileges.

61.217 Currency requirements.

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

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

45301–45302.

SPECIAL FEDERAL AVIATION

REGULATIONS

SFAR No. 58

Editorial Note: For the text of SFAR No.

58, see part 121 of this chapter.

SFAR NO. 73—ROBINSON R–22/R–44

SPECIAL TRAINING AND EXPERIENCE

REQUIREMENTS

Sections

1. Applicability.

2. Required training, aeronautical

experience, endorsements, and flight review.

3. Expiration date.

1. Applicability. Under the procedures

prescribed herein, this SFAR applies to all

persons who seek to manipulate the controls

or act as pilot in command of a Robinson

model R–22 or R–44 helicopter. The

requirements stated in this SFAR are in

addition to the current requirements of part

61.

2. Required training, aeronautical

experience, endorsements, and flight review.

(a) Awareness Training:

(1) Except as provided in paragraph (a)(2)

of this section, no person may manipulate the

controls of a Robinson model R–22 or R–44

helicopter after March 27, 1995, for the

purpose of flight unless the awareness

training specified in paragraph (a)(3) of this

section is completed and the person’s

logbook has been endorsed by a certified

flight instructor authorized under paragraph

(b)(5) of this section.

(2) A person who holds a rotorcraft

category and helicopter class rating on that

person’s pilot certificate and meets the

experience requirements of paragraph (b)(1)

or paragraph (b)(2) of this section may not

manipulate the controls of a Robinson model

R–22 or R–44 helicopter for the purpose of

flight after April 26, 1995, unless the

awareness training specified in paragraph

(a)(3) of this section is completed and the

person’s logbook has been endorsed by a

certified flight instructor authorized under

paragraph (b)(5) of this section.

(3) Awareness training must be conducted

by a certified flight instructor who has been

endorsed under paragraph (b)(5) of this

section and consists of instruction in the

following general subject areas:

(i) Energy management;

(ii) Mast bumping;

(iii) Low rotor RPM (blade stall);

(iv) Low G hazards; and

(v) Rotor RPM decay.

(4) A person who can show satisfactory

completion of the manufacturer’s safety

course after January 1, 1994, may obtain an

endorsement from an FAA aviation safety

inspector in lieu of completing the awareness

training required in paragraphs (a)(1) and

(a)(2) of this section.

(b) Aeronautical Experience:

(1) No person may act as pilot in command

of a Robinson model R–22 unless that person:

(i) Has had at least 200 flight hours in

helicopters, at least 50 flight hours of which

were in the Robinson R–22; or

(ii) Has had at least 10 hours dual

instruction in the Robinson R–22 and has

received an endorsement from a certified

flight instructor authorized under paragraph

(b)(5) of this section that the individual has

been given the training required by this

paragraph and is proficient to act as pilot in

command of an R–22. Beginning 12 calendar

months after the date of the endorsement, the

individual may not act as pilot in command

unless the individual has completed a flight

review in an R–22 within the preceding 12

calendar months and obtained an

endorsement for that flight review. The dual

instruction must include at least the

following abnormal and emergency

procedures flight training:

(A) Enhanced training in autorotation

procedures,

(B) Engine rotor RPM control without the

use of the governor,

(C) Low rotor RPM recognition and

recovery, and

(D) Effects of low G maneuvers and proper

recovery procedures.

(2) No person may act as pilot in command

of a Robinson model R–44 unless that person:

(i) Has had at least 200 flight hours in

helicopters, at least 50 flight hours of which

were in the Robinson R–44; or

(ii) Has had at least 10 hours dual

instruction in the Robinson R–44, and has

received an endorsement from a certified

flight instructor authorized under paragraph
16300 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(b)(5) of this section that the individual has

been given the training required by this

paragraph and is proficient to act as pilot in

command of an R–44. Beginning 12 calendar

months after the date of the endorsement, the

individual may not act as pilot in command

unless the individual has completed a flight

review in an R–44 within the preceding 12

calendar months and obtained an

endorsement for that flight review. The dual

instruction must include at least the

following abnormal and emergency

procedures flight training:

(A) Enhanced training in autorotation

procedures,

(B) Engine rotor RPM control without the

use of the governor,

(C) Low rotor RPM recognition and

recovery, and

(D) Effects of low G maneuvers and proper

recovery procedures.

(3) A person who does not hold a rotorcraft

category and helicopter class rating must

have had at least 20 hours of dual instruction

in a Robinson R–22 helicopter prior to

operating it in solo flight. In addition, the

person must obtain an endorsement from a

certified flight instructor authorized under

paragraph (b)(5) of this section that

instruction has been given in those

maneuvers and procedures, and the

instructor has found the applicant proficient

to solo a Robinson R–22. This endorsement

is valid for a period of 90 days. The dual

instruction must include at least the

following abnormal and emergency

procedures flight training:

(i) Enhanced training in autorotation

procedures,

(ii) Engine rotor RPM control without the

use of the governor,

(iii) Low rotor RPM recognition and

recovery, and

(iv) Effects of low G maneuvers and proper

recovery procedures.

(4) A person who does not hold a rotorcraft

category and helicopter class rating must

have had at least 20 hours of dual instruction

in a Robinson R–44 helicopter prior to

operating it in solo flight. In addition, the

person must obtain an endorsement from a

certified flight instructor authorized under

paragraph (b)(5) of this section that

instruction has been given in those

maneuvers and procedures, and the

instructor has found the applicant proficient

to solo a Robinson R–44. This endorsement

is valid for a period of 90 days. The dual

instruction must include at least the

following abnormal and emergency

procedures flight training:

(i) Enhanced training in autorotation

procedures,

(ii) Engine rotor RPM control without the

use of the governor,

(iii) Low rotor RPM recognition and

recovery, and

(iv) Effects of low G maneuvers and proper

recovery procedures.

(5) No certified flight instructor may

provide instruction or conduct a flight review

in a Robinson model R–22 or R–44 unless

that instructor:

(i) Completes the awareness training in

paragraph (2)(a) of this SFAR;

(ii) Meets the experience requirements of

paragraph 2(b)(1)(i) of this SFAR for the R–

22, or paragraph 2(b)(2)(i) of this SFAR for

the R–44;

(iii) Has completed flight training in an R–

22, R–44, or both, on the following abnormal

and emergency procedures:

(A) Enhanced training in autorotation

procedures,

(B) Engine rotor RPM control without the

use of the governor,

(C) Low rotor RPM recognition and

recovery, and

(D) Effects of low G maneuvers and proper

recovery procedures.

(iv) Been authorized by endorsement from

an FAA aviation safety inspector or

authorized designated examiner that the

instructor has completed the appropriate

training, meets the experience requirements,

and has satisfactorily demonstrated an ability

to provide instruction on the general subject

areas of paragraph 2(a)(3) of this SFAR, and

the flight training identified in paragraph

2(b)(5)(iii) of this SFAR.

(c) Flight Review:

(1) No flight review completed to satisfy

§ 61.56 by an individual after becoming

eligible to function as pilot in command in

a Robinson R–22 helicopter shall be valid for

the operation of R–22 helicopter unless that

flight review was taken in an R–22.

(2) No flight review completed to satisfy

§ 61.56 by individual after becoming eligible

to function as pilot in command in a

Robinson R–44 helicopter shall be valid for

the operation of R–44 helicopter unless that

flight review was taken in the R–44.

(3) The flight review will include a review

of the awareness training subject areas of

paragraph 2(a)(3) of this SFAR and the flight

training identified in paragraph 2(b) of this

SFAR.

(d) Currency Requirements: No person may

act as pilot in command of a Robinson model

R–22 or R–44 helicopter carrying passengers

unless the pilot in command has met the

recency of flight experience requirements of

§ 61.57 in an R–22 or R–44, as appropriate.

3. Expiration date. This SFAR expires

December 31, 1997, unless sooner

superseded or rescinded.

Subpart A—General

§ 61.1 Applicability and definitions.

(a) This part prescribes:

(1) The requirements for issuing pilot,

flight instructor, and ground instructor

certificates and ratings; the conditions

under which those certificates and

ratings are necessary; and the privileges

and limitations of those certificates and

ratings.

(2) The requirements for issuing pilot,

flight instructor, and ground instructor

authorizations; the conditions under

which those authorizations are

necessary; and the privileges and

limitations of those authorizations.

(3) The requirements for issuing pilot,

flight instructor, and ground instructor

certificates and ratings for persons who

have taken courses approved by the

Administrator under other parts of this

chapter.

(b) For the purpose of this part:

(1) Aeronautical experience means

pilot time obtained in an aircraft,

approved flight simulator, or approved

flight training device for meeting the

appropriate training and flight time

requirements for an airman certificate,

rating, flight review, or recency of flight

experience requirements of this part.

(2) Authorized instructor means—

(i) A person who holds a valid ground

instructor certificate issued under part

61 or part 143 of this chapter when

conducting ground training in

accordance with the privileges and

limitations of his or her ground

instructor certificate;

(ii) A person who holds a current

flight instructor certificate issued under

part 61 of this chapter when conducting

ground training or flight training in

accordance with the privileges and

limitations of his or her flight instructor

certificate; or

(iii) A person authorized by the

Administrator to provide ground

training or flight training under SFAR

No. 58, or part 61, 121, 135, or 142 of

this chapter when conducting ground

training or flight training in accordance

with that authority.

(3) Cross-country time means that

time obtained in flight in an aircraft

and, except as provided in paragraph

(b)(3)(iv) of this section, each flight must

include a landing at a point other than

the point of departure, and—

(i) The person must—

(A) Hold a pilot certificate issued

under this part; and

(B) Use dead reckoning, pilotage,

electronic navigation aids, radio aids, or

other navigation systems to navigate to

the landing point.

(ii) For the purpose of meeting the

cross-country time eligibility

requirements for a private pilot

certificate (except with a rotorcraft

rating), commercial pilot certificate, or

an instrument rating, any point of

landing must be at least a straight-line

distance of more than 50 nautical miles

from the original point of departure.

(iii) For the purpose of meeting the

cross-country time eligibility

requirements for a private pilot

certificate with a rotorcraft rating, any

point of landing must be at least a

straight-line distance of more than 25

nautical miles from the original point of

departure.

(iv) For a commercial pilot, airline

transport pilot, or a military pilot who

is qualified for a commercial pilot

certificate under § 61.73 of this part,
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16301

cross-country time includes a flight that

is at least a straight-line distance of

more than 50 nautical miles from the

original point of departure and uses

dead reckoning, pilotage, electronic

navigation aids, radio aids, or other

navigation systems.

(4) Examiner means any person who

is authorized by the Administrator to

conduct a pilot proficiency test or a

practical test for an airman certificate or

rating issued under this part, or a person

who is authorized to conduct a

knowledge test under this part.

(5) Flight simulator means a device

that—

(i) Is a full-size aircraft cockpit replica

of a specific type of aircraft, or make,

model, and series of aircraft;

(ii) Includes the hardware and

software necessary to represent the

aircraft in ground operations and flight

operations;

(iii) Uses a force cueing system that

provides cues at least equivalent to

those cues provided by a 3 degree

freedom of motion system;

(iv) Uses a visual system that provides

at least a 45 degree horizontal field of

view and a 30 degree vertical field of

view simultaneously for each pilot; and

(v) Has been evaluated, qualified, and

approved by the Administrator.

(6) Flight training means that training,

other than ground training, received

from an authorized instructor in flight

in an aircraft.

(7) Flight training device means a

device that—

(i) Is a full-size replica of the

instruments, equipment, panels, and

controls of an aircraft, or set of aircraft,

in an open flight deck area or in an

enclosed cockpit, including the

hardware and software for the systems

installed, that is necessary to simulate

the aircraft in ground and flight

operations;

(ii) Need not have a force (motion)

cueing or visual system; and

(iii) Has been evaluated, qualified,

and approved by the Administrator.

(8) Ground training means that

training, other than flight training,

received from an authorized instructor.

(9) Instrument approach means an

approach procedure defined in part 97

of this chapter.

(10) Instrument training means that

time in which instrument training is

received from an authorized instructor

under actual or simulated instrument

conditions.

(11) Knowledge test means a test on

the aeronautical knowledge areas

required for an airman certificate or

rating that can be administered in

written form or by a computer.

(12) Pilot time means that time in

which a person—

(i) Serves as a required pilot;

(ii) Receives training from an

authorized instructor in an aircraft,

approved flight simulator, or approved

flight training device; or

(iii) Gives training as an authorized

instructor in an aircraft, approved flight

simulator, or approved flight training

device.

(13) Practical test means a test on the

areas of operations for an airman

certificate, rating, or authorization that

is conducted by having the applicant

respond to questions and demonstrate

maneuvers in flight, in an approved

flight simulator, or in an approved flight

training device.

(14) Set of aircraft means aircraft that

share similar performance

characteristics, such as similar airspeed

and altitude operating envelopes,

similar handling characteristics, and the

same number and type of propulsion

systems.

(15) Training time means training

received—

(i) In flight from an authorized

instructor;

(ii) On the ground from an authorized

instructor; or

(iii) In an approved flight simulator or

approved flight training device from an

authorized instructor.

§ 61.2 Certification of foreign pilots, flight

instructors, and ground instructors.

(a) Except as provided for in

paragraph (b) of this section, an airman

certificate may not be issued to a person

who is not a citizen of the United States

or a resident alien of the United States

unless that person passes the

appropriate knowledge or practical test

within the United States.

(b) A person who is not a citizen of

the United States or a resident alien of

the United States may be issued an

airman certificate, and the knowledge

test and practical test for that certificate

may be administered outside the United

States when:

(1) The Administrator determines the

person needs a pilot certificate to

operate as a required pilot crewmember

of a civil aircraft of U.S. registry;

(2) The Administrator determines the

person needs a flight instructor

certificate or ground instructor

certificate to train persons who are

citizens of the United States;

(3) The certificate is for an addition of

a category, class, instrument, or type

rating onto an existing U.S. pilot

certificate, provided the certificate is not

one that was issued on the basis of a

foreign pilot license;

(4) The certificate is for an addition,

renewal, or reinstatement of a category,

class, or instrument rating onto an

existing U.S. flight instructor certificate;

or

(5) The certificate is for an addition of

a rating onto an existing U.S. ground

instructor certificate.

(c) Training centers and their satellite

training centers certificated under part

142 of this chapter, may, outside the

United States—

(1) Prepare and recommend

applicants for additional ratings of and

endorsements to certificates issued

under this part, and issue additional

ratings and provide endorsements

within the authority granted to that

training center by the Administrator;

and

(2) Prepare and recommend U.S.

citizen applicants for airman

certificates, and issue certificates to U.S.

citizens within the authority granted to

that training center by the

Administrator.

§ 61.3 Requirement for certificates,

ratings, and authorizations.

(a) Pilot certificate. A person may not

act as pilot in command or in any other

capacity as a required pilot of a civil

aircraft of U.S. registry, unless that

person has a valid pilot certificate or

special purpose pilot authorization

issued under this part in that person’s

physical possession or readily

accessible in the aircraft when

exercising the privileges of that pilot

certificate or authorization. However,

when the aircraft is operated within a

foreign country, a current pilot license

issued by the country in which the

aircraft is operated may be used.

(b) Required pilot certificate for

operating a foreign-registered aircraft. A

person may not act as pilot in command

or in any other capacity as a required

pilot of a civil aircraft of foreign registry

within the United States, unless that

person’s pilot certificate:

(1) Is valid and in that person’s

physical possession, or readily

accessible in the aircraft when

exercising the privileges of that pilot

certificate; and

(2) Has been issued under this part, or

has been issued or validated by the

country in which the aircraft is

registered.

(c) Medical certificate. (1) Except as

provided for in paragraph (c)(2) of this

section, a person who is acting as pilot

in command or in any other capacity as

a required crewmember under any part

of this chapter must have a current and

appropriate medical certificate, or other

documentation acceptable to the

Administrator, that has been issued

under part 67 of this chapter and is in

the person’s physical possession or

readily accessible in the aircraft.
16302 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(2) A person is not required to meet

the requirements of paragraph (c)(1) of

this section if that person—

(i) Is exercising the privileges of a

student pilot certificate while seeking a

pilot certificate with a glider category

rating or balloon class rating;

(ii) Is holding a pilot certificate with

a balloon class rating and is piloting or

providing training in a balloon as

appropriate;

(iii) Is holding a pilot certificate or a

flight instructor certificate with a glider

category rating, and is piloting or

providing training in a glider, as

appropriate;

(iv) Except as provided in paragraph

(c)(2)(iii) of this section, is exercising

the privileges of a flight instructor

certificate, provided the person is not

acting as pilot in command or as a

required crewmember;

(v) Is exercising the privileges of a

ground instructor certificate;

(vi) Is operating an aircraft within a

foreign country using a pilot license

issued by that country and possesses

evidence of current medical

qualification for that license; or

(vii) Is operating an aircraft with a

U.S. pilot certificate, issued on the basis

of a foreign pilot license, issued under

§ 61.75 of this part, and holds a current

medical certificate issued by the foreign

country that issued the foreign pilot

license, which is in that person’s

physical possession or readily

accessible in the aircraft when

exercising the privileges of that airman

certificate.

(d) Flight instructor certificate. (1) A

person who holds a flight instructor

certificate must have that certificate, or

other documentation acceptable to the

Administrator, in that person’s physical

possession or readily accessible in the

aircraft when exercising the privileges

of that flight instructor certificate.

(2) Except as provided in paragraph

(d)(3) of this section, no person other

than the holder of a flight instructor

certificate with the appropriate rating on

that certificate may—

(i) Give training required to qualify a

person for solo flight and solo crosscountry flight;

(ii) Endorse an applicant for a pilot,

flight instructor, or ground instructor

certificate or rating issued under this

part;

(iii) Endorse a pilot logbook to show

training given; or

(iv) Endorse a student pilot certificate

and logbook for solo operating

privileges.

(3) A flight instructor certificate is not

necessary if the training is given by—

(i) The holder of a commercial pilot

certificate with a lighter-than-air rating,

provided the training is given in

accordance with the privileges of the

certificate in a lighter-than-air aircraft;

(ii) The holder of an airline transport

pilot certificate with a rating

appropriate to the aircraft in which the

training is given, provided the training

is given in accordance with the

privileges of the certificate and

conducted in accordance with an

approved air carrier training program

approved under part 121 or 135 of this

chapter;

(iii) A person who is qualified in

accordance with subpart C of part 142

of this chapter, provided the training is

conducted in accordance with an

approved part 142 training program;

(iv) A flight instructor not certificated

by the FAA in accordance with § 61.41

of this part; or

(v) The holder of a ground instructor

certificate in accordance with the

privileges of the certificate.

(e) Instrument rating. No person may

act as pilot in command of a civil

aircraft under IFR or in weather

conditions less than the minimums

prescribed for VFR flight unless that

person holds:

(1) The appropriate aircraft category,

class, type (if required), and instrument

rating on that person’s pilot certificate

for any airplane, helicopter, or poweredlift being flown;

(2) An airline transport pilot

certificate with the appropriate aircraft

category, class, and type rating (if

required) for the aircraft being flown;

(3) For a glider, a pilot certificate with

a glider category rating and an airplane

instrument rating; or

(4) For an airship, a commercial pilot

certificate with a lighter-than-air

category rating and airship class rating.

(f) Category II pilot authorization.

Except for a pilot conducting Category

II operations under part 121 or part 135,

a person may not:

(1) Act as pilot in command of a civil

aircraft during Category II operations

unless that person—

(i) Holds a current Category II pilot

authorization for that category or class

of aircraft, and the type of aircraft, if

applicable; or

(ii) In the case of a civil aircraft of

foreign registry, is authorized by the

country of registry to act as pilot in

command of that aircraft in Category II

operations.

(2) Act as second in command of a

civil aircraft during Category II

operations unless that person—

(i) Holds a valid pilot certificate with

category and class ratings for that

aircraft and a current instrument rating

for that category aircraft;

(ii) Holds an airline transport pilot

certificate with category and class

ratings for that aircraft; or

(iii) In the case of a civil aircraft of

foreign registry, is authorized by the

country of registry to act as second in

command of that aircraft during

Category II operations.

(g) Category III pilot authorization.

Except for a pilot conducting Category

III operations under part 121 or part

135, a person may not:

(1) Act as pilot in command of a civil

aircraft during Category III operations

unless that person—

(i) Holds a current Category III pilot

authorization for that category or class

of aircraft, and the type of aircraft, if

applicable; or

(ii) In the case of a civil aircraft of

foreign registry, is authorized by the

country of registry to act as pilot in

command of that aircraft in Category III

operations.

(2) Act as second in command of a

civil aircraft during Category III

operations unless that person—

(i) Holds a valid pilot certificate with

category and class ratings for that

aircraft and a current instrument rating

for that category aircraft;

(ii) Holds an airline transport pilot

certificate with category and class

ratings for that aircraft; or

(iii) In the case of a civil aircraft of

foreign registry, is authorized by the

country of registry to act as second in

command of that aircraft during

Category III operations.

(h) Category A aircraft pilot

authorization. The Administrator may

issue a certificate of authorization for a

Category II or Category III operation to

the pilot of a small aircraft that is a

Category A aircraft, as identified in

§ 97.3(b)(1) of this chapter if:

(1) The Administrator determines that

the Category II or Category III operation

can be performed safely by that pilot

under the terms of the certificate of

authorization; and

(2) The Category II or Category III

operation does not involve the carriage

of persons or property for compensation

or hire.

(i) Ground instructor certificate. (1)

Each person who holds a ground

instructor certificate must have that

certificate in that person’s physical

possession or immediately accessible

when exercising the privileges of that

certificate.

(2) Except as provided in paragraph

(d) of this section, no person other than

the holder of a ground instructor

certificate with the appropriate rating on

that certificate or a person authorized by

the Administrator may—
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16303

(i) Give ground training required to

qualify a person for solo flight and solo

cross-country flight;

(ii) Endorse an applicant for a

knowledge test required for a pilot,

flight instructor, or ground instructor

certificate or rating issued under this

part; or

(iii) Endorse a pilot logbook to show

ground training given.

(j) Age limitation for certain

operations.

(1) Age limitation. Except as provided

in paragraph (j)(3) of this section, no

person who holds a pilot certificate

issued under this part shall serve as a

pilot on a civil airplane of U.S. registry

in the following operations if the person

has reached his or her 60th birthday—

(i) Scheduled international air

services carrying passengers in turbojetpowered airplanes;

(ii) Scheduled international air

services carrying passengers in airplanes

having a passenger-seat configuration of

more than nine passenger seats,

excluding each crewmember seat;

(iii) Nonscheduled international air

transportation for compensation or hire

in airplanes having a passenger-seat

configuration of more than 30 passenger

seats, excluding each crewmember seat;

or

(iv) Scheduled international air

services, or nonscheduled international

air transportation for compensation or

hire, in airplanes having a payload

capacity of more than 7,500 pounds.

(2) Definitions. (i) ‘‘International air

service,’’ as used in paragraph (j) of this

section, means scheduled air service

performed in airplanes for the public

transport of passengers, mail, or cargo,

in which the service passes through the

airspace over the territory of more than

one country.

(ii) ‘‘International air transportation,’’

as used in paragraph (j) of this section,

means air transportation performed in

airplanes for the public transport of

passengers, mail, or cargo, in which the

service passes through the airspace over

the territory of more than one country.

(3) Delayed pilot age limitation. Until

December 20, 1999, a person may serve

as a pilot in operations covered by this

paragraph after that person has reached

his or her 60th birthday if, on March 20,

1997, that person was employed as a

pilot in operations covered by this

paragraph.

(k) Special purpose pilot

authorization. Any person that is

required to hold a special purpose pilot

authorization, issued in accordance

with § 61.77 of this part, must have that

authorization and the person’s foreign

pilot license in that person’s physical

possession or have it readily accessible

in the aircraft when exercising the

privileges of that authorization.

(l) Inspection of certificate. Each

person who holds an airman certificate,

medical certificate, authorization, or

license required by this part must

present it for inspection upon a request

from:

(1) The Administrator;

(2) An authorized representative of

the National Transportation Safety

Board; or

(3) Any Federal, State, or local law

enforcement officer.

§ 61.4 Approval of flight simulators and

flight training devices.

(a) Except as specified in paragraph

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

simulator and flight training device

used for training, and for which an

airman is to receive credit to satisfy any

training, testing, or checking

requirement under this chapter, must be

approved by the Administrator for—

(1) The training, testing, and checking

for which it is used;

(2) Each particular maneuver,

procedure, or crewmember function

performed; and

(3) The representation of the specific

category and class of aircraft, type of

aircraft, particular variation within the

type of aircraft, or set of aircraft for

certain flight training devices.

(b) Any device used for flight training,

testing, or checking that has been

determined to be acceptable to or

approved by the Administrator prior to

August 1, 1996, which can be shown to

function as originally designed, is

considered to be a flight training device,

provided it is used for the same

purposes for which it was originally

accepted or approved and only to the

extent of such acceptance or approval.

(c) The Administrator may approve a

device other than a flight training

simulator or flight training device for

specific purposes.

§ 61.5 Certificates and ratings issued

under this part.

(a) The following certificates are

issued under this part to an applicant

who satisfactorily accomplishes the

training and certification requirements

for the certificate sought:

(1) Pilot certificates—

(i) Student pilot.

(ii) Recreational pilot.

(iii) Private pilot.

(iv) Commercial pilot.

(v) Airline transport pilot.

(2) Flight instructor certificates.

(3) Ground instructor certificates.

(b) The following ratings are placed

on a pilot certificate (other than student

pilot) when an applicant satisfactorily

accomplishes the training and

certification requirements for the rating

sought:

(1) Aircraft category ratings—

(i) Airplane.

(ii) Rotorcraft.

(iii) Glider.

(iv) Lighter-than-air.

(v) Powered-lift.

(2) Airplane class ratings—

(i) Single-engine land.

(ii) Multiengine land.

(iii) Single-engine sea.

(iv) Multiengine sea.

(3) Rotorcraft class ratings—

(i) Helicopter.

(ii) Gyroplane.

(4) Lighter-than-air class ratings—

(i) Airship.

(ii) Balloon.

(5) Aircraft type ratings—

(i) Large aircraft other than lighterthan-air.

(ii) Turbojet-powered airplanes.

(iii) Other aircraft type ratings

specified by the Administrator through

the aircraft type certification

procedures.

(6) Instrument ratings (on private and

commercial pilot certificates only)—

(i) Instrument—Airplane.

(ii) Instrument—Helicopter.

(iii) Instrument—Powered-lift.

(c) The following ratings are placed

on a flight instructor certificate when an

applicant satisfactorily accomplishes

the training and certification

requirements for the rating sought:

(1) Aircraft category ratings—

(i) Airplane.

(ii) Rotorcraft.

(iii) Glider.

(iv) Powered-lift.

(2) Airplane class ratings—

(i) Single-engine.

(ii) Multiengine.

(3) Rotorcraft class ratings—

(i) Helicopter.

(ii) Gyroplane.

(4) Instrument ratings—

(i) Instrument—Airplane.

(ii) Instrument—Helicopter.

(iii) Instrument—Powered-lift.

(d) The following ratings are placed

on a ground instructor certificate when

an applicant satisfactorily accomplishes

the training and certification

requirements for the rating sought:

(1) Basic.

(2) Advanced.

(3) Instrument.

§ 61.7 Obsolete certificates and ratings.

(a) The holder of a free-balloon pilot

certificate issued before November 1,

1973, may not exercise the privileges of

that certificate.

(b) The holder of a pilot certificate

that bears any of the following category
16304 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

ratings without an associated class

rating may not exercise the privileges of

that category rating:

(1) Rotorcraft.

(2) Lighter-than-air.

(3) Helicopter.

(4) Autogyro.

§ 61.9 [Reserved]

§ 61.11 Expired pilot certificates and

reissuance.

(a) No person who holds an expired

pilot certificate or rating may:

(1) Exercise the privileges of that pilot

certificate or rating; or

(2) Act as pilot in command or as a

required crewmember of an aircraft of

the same category and class specified on

the expired pilot certificate or rating.

(b) The following pilot certificates and

ratings have expired and may not be

reissued:

(1) An airline transport pilot

certificate issued before May 1, 1949, or

an airline transport pilot certificate that

contains a horsepower limitation;

(2) A private or commercial pilot

certificate issued before July 1, 1945;

and

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

before July 1, 1945.

(c) A pilot certificate issued on the

basis of a foreign pilot license will

expire on the date the foreign license

expires.

(d) An airline transport pilot

certificate issued after April 30, 1949,

that bears an expiration date but does

not contain a horsepower limitation

may be reissued without an expiration

date.

(e) A private or commercial pilot

certificate issued after June 30, 1945,

that bears an expiration date may be

reissued without an expiration date.

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

after June 30, 1945, that bears an

expiration date may be reissued without

an expiration date.

(g) A U.S. pilot certificate issued on

the basis of a foreign pilot license that

does not have an expiration date may be

issued without an expiration date.

§ 61.13 Issuance of airman certificates,

ratings, and authorizations.

(a) An applicant for an airman

certificate, rating, or authorization

under this part must make that

application on a form and in a manner

acceptable to the Administrator.

(b) An applicant who is neither a

citizen of the United States nor a

resident alien of the United States:

(1) Must show evidence that the

appropriate fee has been paid when that

person applies for a—

(i) Student pilot certificate that is

issued outside the United States; or

(ii) Knowledge test or practical test for

a U.S. airman certificate or rating issued

under this part, if the test is

administered outside the United States.

(2) May be refused issuance of any

U.S. airman certificate, rating, or

authorization by the Administrator.

(c) Except as provided in paragraph

(b)(2) of this section, an applicant who

satisfactorily accomplishes the training

and certification requirements for the

certificate, rating, or authorization

sought is entitled to receive that airman

certificate, rating, or authorization.

(d) Limitations. (1) An applicant who

cannot comply with certain areas of

operation required on the practical test

because of physical limitations may be

issued an airman certificate, rating, or

authorization with the appropriate

limitation placed on the applicant’s

airman certificate provided the—

(i) Applicant is able to meet all other

certification requirements for the airman

certificate, rating, or authorization

sought;

(ii) Physical limitation has been

recorded with the FAA on the

applicant’s medical records; and

(iii) The Administrator determines

that the applicant’s inability to perform

the particular area of operation will not

adversely affect safety.

(2) A limitation placed on a person’s

airman certificate may be removed,

provided that person demonstrates for

an examiner satisfactory proficiency in

the area of operation appropriate to the

airman certificate, rating, or

authorization sought.

(e) Additional requirements for

Category II and Category III pilot

authorizations. (1) A Category II or

Category III pilot authorization is issued

by a letter of authorization as a part of

an applicant’s instrument rating or

airline transport pilot certificate.

(2) Upon original issue the

authorization contains the following

limitations—

(i) For Category II operations, the

limitation is 1,600 feet RVR and a 150-

foot decision height; and

(ii) For Category III operations, each

initial limitation is specified in the

authorization document.

(3) The limitations on a Category II or

Category III pilot authorization may be

removed as follows:

(i) In the case of Category II

limitations, a limitation is removed

when the holder shows that, since the

beginning of the sixth preceding month,

the holder has made three Category II

ILS approaches with a 150-foot decision

height to a landing under actual or

simulated instrument conditions.

(ii) In the case of Category III

limitations, a limitation is removed as

specified in the authorization.

(4) To meet the experience

requirement of paragraph (e)(3) of this

section, and for the practical test

required by this part for a Category II or

a Category III pilot authorization, a

flight simulator or flight training device

may be used if it is approved by the

Administrator for such use.

(f) Unless otherwise authorized by the

Administrator, a person whose pilot,

flight instructor, or ground instructor

certificate has been suspended may not

apply for any certificate, rating, or

authorization during the period of

suspension.

(g) Unless otherwise authorized by the

Administrator, a person whose pilot,

flight instructor, or ground instructor

certificate has been revoked may not

apply for any certificate, rating, or

authorization for 1 year after the date of

revocation.

§ 61.14 Refusal to submit to a drug or

alcohol test.

(a) This section applies to an

employee who performs a function

listed in appendix I to part 121 or

appendix J to part 121 of this chapter

directly or by contract for a part 121 air

carrier, a part 135 air carrier, or for a

person conducting operations as

specified in § 135.1(a)(5) of this chapter.

(b) Refusal by the holder of a

certificate issued under this part to take

a drug test required under the

provisions of appendix I to part 121 or

an alcohol test required under the

provisions of appendix J to part 121 is

grounds for:

(1) Denial of an application for any

certificate, rating, or authorization

issued under this part for a period of up

to 1 year after the date of such refusal;

and

(2) Suspension or revocation of any

certificate, rating, or authorization

issued under this part.

§ 61.15 Offenses involving alcohol or

drugs.

(a) A conviction for the violation of

any Federal or State statute relating to

the growing, processing, manufacture,

sale, disposition, possession,

transportation, or importation of

narcotic drugs, marijuana, or depressant

or stimulant drugs or substances is

grounds for:

(1) Denial of an application for any

certificate, rating, or authorization

issued under this part for a period of up

to 1 year after the date of final

conviction; or

(2) Suspension or revocation of any

certificate, rating, or authorization

issued under this part.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16305

(b) Committing an act prohibited by

§ 91.17(a) or § 91.19(a) of this chapter is

grounds for:

(1) Denial of an application for a

certificate, rating, or authorization

issued under this part for a period of up

to 1 year after the date of that act; or

(2) Suspension or revocation of any

certificate, rating, or authorization

issued under this part.

(c) For the purposes of paragraphs (d),

(e), and (f) of this section, a motor

vehicle action means:

(1) A conviction after November 29,

1990, for the violation of any Federal or

State statute relating to the operation of

a motor vehicle while intoxicated by

alcohol or a drug, while impaired by

alcohol or a drug, or while under the

influence of alcohol or a drug;

(2) The cancellation, suspension, or

revocation of a license to operate a

motor vehicle after November 29, 1990,

for a cause related to the operation of a

motor vehicle while intoxicated by

alcohol or a drug, while impaired by

alcohol or a drug, or while under the

influence of alcohol or a drug; or

(3) The denial after November 29,

1990, of an application for a license to

operate a motor vehicle for a cause

related to the operation of a motor

vehicle while intoxicated by alcohol or

a drug, while impaired by alcohol or a

drug, or while under the influence of

alcohol or a drug.

(d) Except for a motor vehicle action

that results from the same incident or

arises out of the same factual

circumstances, a motor vehicle action

occurring within 3 years of a previous

motor vehicle action is grounds for:

(1) Denial of an application for any

certificate, rating, or authorization

issued under this part for a period of up

to 1 year after the date of the last motor

vehicle action; or

(2) Suspension or revocation of any

certificate, rating, or authorization

issued under this part.

(e) Each person holding a certificate

issued under this part shall provide a

written report of each motor vehicle

action to the FAA, Civil Aviation

Security Division (AMC–700), P.O. Box

25810, Oklahoma City, OK 73125, not

later than 60 days after the motor

vehicle action. The report must include:

(1) The person’s name, address, date

of birth, and airman certificate number;

(2) The type of violation that resulted

in the conviction or the administrative

action;

(3) The date of the conviction or

administrative action;

(4) The State that holds the record of

conviction or administrative action; and

(5) A statement of whether the motor

vehicle action resulted from the same

incident or arose out of the same factual

circumstances related to a previously

reported motor vehicle action.

(f) Failure to comply with paragraph

(e) of this section is grounds for:

(1) Denial of an application for any

certificate, rating, or authorization

issued under this part for a period of up

to 1 year after the date of the motor

vehicle action; or

(2) Suspension or revocation of any

certificate, rating, or authorization

issued under this part.

§ 61.16 Refusal to submit to an alcohol

test or to furnish test results.

A refusal to submit to a test to

indicate the percentage by weight of

alcohol in the blood, when requested by

a law enforcement officer in accordance

with § 91.17(c) of this chapter, or a

refusal to furnish or authorize the

release of the test results requested by

the Administrator in accordance with

§ 91.17(c) or (d) of this chapter, is

grounds for:

(a) Denial of an application for any

certificate, rating, or authorization

issued under this part for a period of up

to 1 year after the date of that refusal;

or

(b) Suspension or revocation of any

certificate, rating, or authorization

issued under this part.

§ 61.17 Temporary certificate.

(a) A temporary pilot, flight

instructor, or ground instructor

certificate or rating is issued for up to

120 days, at which time a permanent

certificate will be issued to a person

whom the Administrator finds qualified

under this part.

(b) A temporary pilot, flight

instructor, or ground instructor

certificate or rating expires:

(1) On the expiration date shown on

the certificate;

(2) Upon receipt of the permanent

certificate; or

(3) Upon receipt of a notice that the

certificate or rating sought is denied or

revoked.

§ 61.19 Duration of pilot and instructor

certificates.

(a) General. The holder of a certificate

with an expiration date may not, after

that date, exercise the privileges of that

certificate.

(b) Student pilot certificate. A student

pilot certificate expires 24 calendar

months from the month in which it is

issued.

(c) Other pilot certificates. A pilot

certificate (other than a student pilot

certificate) issued under this part is

issued without a specific expiration

date. The holder of a pilot certificate

issued on the basis of a foreign pilot

license may exercise the privileges of

that certificate only while that person’s

foreign pilot license is effective.

(d) Flight instructor certificate. A

flight instructor certificate:

(1) Is effective only while the holder

has a current pilot certificate; and

(2) Except as specified in § 61.197(b)

of this part, expires 24 calendar months

from the month in which it was issued

or renewed.

(e) Ground instructor certificate. A

ground instructor certificate issued

under this part is issued without a

specific expiration date.

(f) Surrender, suspension, or

revocation. Any certificate issued under

this part ceases to be effective if it is

surrendered, suspended, or revoked.

(g) Return of certificates. The holder

of any certificate issued under this part

that has been suspended or revoked

must return that certificate to the FAA

when requested to do so by the

Administrator.

§ 61.21 Duration of a Category II and a

Category III pilot authorization (for other

than part 121 and part 135 use).

(a) A Category II pilot authorization or

a Category III pilot authorization expires

at the end of the sixth calendar month

after the month in which it was issued

or renewed.

(b) Upon passing a practical test for a

Category II or Category III pilot

authorization, the authorization may be

renewed for each type of aircraft for

which the authorization is held.

(c) A Category II or Category III pilot

authorization for a specific type aircraft

for which an authorization is held will

not be renewed beyond 12 calendar

months from the month the practical

test was accomplished in that type

aircraft.

(d) If the holder of a Category II or

Category III pilot authorization passes

the practical test for a renewal in the

month before the authorization expires,

the holder is considered to have passed

it during the month the authorization

expired.

§ 61.23 Medical certificates: Requirement

and duration.

(a) Operations requiring a medical

certificate. Except as provided in

paragraph (b) of this section, a person:

(1) Must hold a first-class medical

certificate when exercising the

privileges of an airline transport pilot

certificate;

(2) Must hold at least a second-class

medical certificate when exercising the

privileges of a commercial pilot

certificate; or

(3) Must hold at least a third-class

medical certificate—
16306 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) When exercising the privileges of

a private pilot certificate;

(ii) When exercising the privileges of

a recreational pilot certificate;

(iii) Except as specified in paragraph

(b)(3) of this section, when exercising

the privileges of a student pilot

certificate;

(iv) When exercising the privileges of

a flight instructor certificate, except for

a flight instructor certificate with a

glider category rating, if the person is

acting as the pilot in command or is

serving as a required crewmember; or

(v) Except for a glider category rating

or a balloon class rating, prior to taking

a practical test that is performed in an

aircraft for a certificate or rating at the

recreational, private, commercial, or

airline transport pilot certificate level.

(b) Operations not requiring a medical

certificate. A person is not required to

hold a medical certificate:

(1) When exercising the privileges of

a pilot certificate with a glider category

rating;

(2) When exercising the privileges of

a pilot certificate with a balloon class

rating;

(3) When exercising the privileges of

a student pilot certificate while seeking

a pilot certificate with a glider category

rating or balloon class rating;

(4) When exercising the privileges of

a flight instructor certificate with a

glider category rating;

(5) When exercising the privileges of

a flight instructor certificate if the

person is not acting as pilot in

command or serving as a required

crewmember;

(6) When exercising the privileges of

a ground instructor certificate;

(7) When serving as an examiner or

check airman during the administration

of a test or check for a certificate, rating,

or authorization conducted in an

approved flight simulator or approved

flight training device; or

(8) When taking a test or check for a

certificate, rating, or authorization

conducted in an approved flight

simulator or approved flight training

device.

(c) Duration of a medical certificate.

(1) A first-class medical certificate

expires at the end of the last day of—

(i) The sixth month after the month of

the date of examination shown on the

certificate for operations requiring an

airline transport pilot certificate;

(ii) The 12th month after the month of

the date of examination shown on the

certificate for operations requiring a

commercial pilot certificate or an air

traffic control tower operator certificate;

and

(iii) The period specified in paragraph

(c)(3) of this section for operations

requiring a recreational pilot certificate,

a private pilot certificate, a flight

instructor certificate (when acting as

pilot in command or a required

crewmember in operations other than

glider or balloon), or a student pilot

certificate.

(2) A second-class medical certificate

expires at the end of the last day of—

(i) The 12th month after the month of

the date of examination shown on the

certificate for operations requiring a

commercial pilot certificate or an air

traffic control tower operator certificate;

and

(ii) The period specified in paragraph

(c)(3) of this section for operations

requiring a recreational pilot certificate,

a private pilot certificate, a flight

instructor certificate (when acting as

pilot in command or a required

crewmember in operations other than

glider or balloon), or a student pilot

certificate.

(3) A third-class medical certificate

for operations requiring a recreational

pilot certificate, a private pilot

certificate, a flight instructor certificate

(when acting as pilot in command or a

required crewmember in operations

other than glider or balloon), or a

student pilot certificate issued—

(i) Before September 16, 1996, expires

at the end of the 24th month after the

month of the date of examination shown

on the certificate; or

(ii) On or after September 16, 1996,

expires at the end of:

(A) The 36th month after the month

of the date of the examination shown on

the certificate if the person has not

reached his or her 40th birthday on or

before the date of examination; or

(B) The 24th month after the month of

the date of the examination shown on

the certificate if the person has reached

his or her 40th birthday on or before the

date of the examination.

§ 61.25 Change of name.

(a) An application to change the name

on a certificate issued under this part

must be accompanied by the

applicant’s:

(1) Current airman certificate; and

(2) A copy of the marriage license,

court order, or other document verifying

the name change.

(b) The documents in paragraph (a) of

this section will be returned to the

applicant after inspection.

§ 61.27 Voluntary surrender or exchange

of certificate.

(a) The holder of a certificate issued

under this part may voluntarily

surrender it for:

(1) Cancellation;

(2) Issuance of a lower grade

certificate; or

(3) Another certificate with specific

ratings deleted.

(b) Any request made under

paragraph (a) of this section must

include the following signed statement

or its equivalent: ‘‘This request is made

for my own reasons, with full

knowledge that my (insert name of

certificate or rating, as appropriate) may

not be reissued to me unless I again pass

the tests prescribed for its issuance.’’

§ 61.29 Replacement of a lost or destroyed

airman or medical certificate or knowledge

test report.

(a) A request for the replacement of a

lost or destroyed airman certificate

issued under this part shall be made by

letter to the Department of

Transportation, FAA, Airman

Certification Branch, P.O. Box 25082,

Oklahoma City, OK 73125, and shall be

accompanied by a check or money order

for the appropriate fee payable to the

FAA.

(b) A request for the replacement of a

lost or destroyed medical certificate

shall be made by letter to the

Department of Transportation, FAA,

Aeromedical Certification Branch, P.O.

Box 25082, Oklahoma City, OK 73125,

and shall be accompanied by a check or

money order for the appropriate fee

payable to the FAA.

(c) A request for the replacement of a

lost or destroyed knowledge test report

shall be made by letter to the

Department of Transportation, FAA,

Airman Certification Branch, P.O. Box

25082, Oklahoma City, OK 73125, and

shall be accompanied by a check or

money order for the appropriate fee

payable to the FAA.

(d) The letter requesting replacement

of a lost or destroyed airman certificate,

medical certificate, or knowledge test

report must state:

(1) The name of the person;

(2) The permanent mailing address

(including ZIP code), or if the

permanent mailing address includes a

post office box number, then the

person’s current residential address;

(3) The social security number;

(4) The date and place of birth of the

certificate holder; and

(5) Any available information

regarding the—

(i) Grade, number, and date of

issuance of the certificate, and the

ratings, if applicable;

(ii) Date of the medical examination,

if applicable; and

(iii) Date the knowledge test was

taken, if applicable.

(e) A person who has lost an airman

certificate, medical certificate, or

knowledge test report may obtain a

facsimile from the FAA confirming that

it was issued and the:
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16307

(1) Facsimile may be carried as an

airman certificate, medical certificate, or

knowledge test report, as appropriate,

for up to 60 days pending the person’s

receipt of a duplicate under paragraph

(a), (b), or (c) of this section, unless the

person has been notified that the

certificate has been suspended or

revoked.

(2) Request for such a facsimile must

include the date on which a duplicate

certificate or knowledge test report was

previously requested.

§ 61.31 Type rating requirements,

additional training, and authorization

requirements.

(a) Type ratings required. A person

who acts as a pilot in command of any

of the following aircraft must hold a

type rating for that aircraft:

(1) Large aircraft (except lighter-thanair).

(2) Turbojet-powered airplanes.

(3) Other aircraft specified by the

Administrator through aircraft type

certificate procedures.

(b) Authorization in lieu of a type

rating. A person may be authorized to

operate an aircraft requiring a type

rating without a type rating for up to 60

days, provided:

(1) The Administrator has authorized

the flight or series of flights;

(2) The Administrator has determined

that an equivalent level of safety can be

achieved through the operating

limitations on the authorization;

(3) The person shows that compliance

with paragraph (a) of this section is

impracticable for the flight or series of

flights; and

(4) The flight—

(i) Involves only a ferry flight, training

flight, test flight, or practical test for a

pilot certificate or rating;

(ii) Is within the United States;

(iii) Does not involve operations for

compensation or hire unless the

compensation or hire involves payment

for the use of the aircraft for training or

taking a practical test; and

(iv) Involves only the carriage of flight

crewmembers considered essential for

the flight.

(5) If the flight or series of flights

cannot be accomplished within the time

limit of the authorization, the

Administrator may authorize an

additional period of up to 60 days to

accomplish the flight or series of flights.

(c) Aircraft category, class, and type

ratings: Limitations on the carriage of

persons, or operating for compensation

or hire. Unless a person holds a

category, class, and type rating (if a class

and type rating is required) that applies

to the aircraft, that person may not act

as pilot in command of an aircraft that

is carrying another person, or is

operated for compensation or hire. That

person also may not act as pilot in

command of that aircraft for

compensation or hire.

(d) Aircraft category, class, and type

ratings: Limitations on operating an

aircraft as the pilot in command. To

serve as the pilot in command of an

aircraft, a person must:

(1) Hold the appropriate category,

class, and type rating (if a class rating

and type rating is required) for the

aircraft to be flown;

(2) Be receiving training for the

purpose of obtaining an additional pilot

certificate and rating that are

appropriate to that aircraft, and be

under the supervision of an authorized

instructor; or

(3) Have received training required by

this part that is appropriate to the

aircraft category, class, and type rating

(if a class or type rating is required) for

the aircraft to be flown, and have

received the required endorsements

from an instructor who is authorized to

provide the required endorsements for

solo flight in that aircraft.

(e) Exceptions. (1) This section does

not require a category and class rating

for aircraft not type certificated as

airplanes, rotorcraft, gliders, poweredlift, or lighter-than-air aircraft.

(2) The rating limitations of this

section do not apply to:

(i) An applicant when taking a

practical test given by an examiner;

(ii) The holder of a student pilot

certificate;

(iii) The holder of a pilot certificate

when operating an aircraft under the

authority of an experimental or

provisional aircraft type certificate; and

(iv) The holder of a pilot certificate

with a lighter-than-air category rating

when operating a balloon.

(f) Additional training required for

operating complex airplanes. (1) Except

as provided in paragraph (f)(2) of this

section, no person may act as pilot in

command of a complex airplane (an

airplane that has a retractable landing

gear, flaps, and a controllable pitch

propeller; or, in the case of a seaplane,

flaps and a controllable pitch propeller),

unless the person has—

(i) Received and logged ground and

flight training from an authorized

instructor in a complex airplane, or in

an approved flight simulator or

approved flight training device that is

representative of a complex airplane,

and has been found proficient in the

operation and systems of the airplane;

and

(ii) Received a one-time endorsement

in the pilot’s logbook from an

authorized instructor who certifies the

person is proficient to operate a

complex airplane.

(2) The training and endorsement

required by paragraph (f)(1) of this

section is not required if the person has

logged flight time as pilot in command

of a complex airplane, or in an approved

flight simulator or approved flight

training device that is representative of

a complex airplane prior to August 4,

1997.

(g) Additional training required for

operating high-performance airplanes.

(1) Except as provided in paragraph

(g)(2) of this section, no person may act

as pilot in command of a highperformance airplane (an airplane with

an engine of more than 200

horsepower), unless the person has—

(i) Received and logged ground and

flight training from an authorized

instructor in a high-performance

airplane, or in an approved flight

simulator or approved flight training

device that is representative of a highperformance airplane, and has been

found proficient in the operation and

systems of the airplane; and

(ii) Received a one-time endorsement

in the pilot’s logbook from an

authorized instructor who certifies the

person is proficient to operate a highperformance airplane.

(2) The training and endorsement

required by paragraph (g)(1) of this

section is not required if the person has

logged flight time as pilot in command

of a high-performance airplane, or in an

approved flight simulator or approved

flight training device that is

representative of a high-performance

airplane prior to August 4, 1997.

(h) Additional training required for

operating pressurized aircraft capable of

operating at high altitudes. (1) Except as

provided in paragraph (h)(3) of this

section, no person may act as pilot in

command of a pressurized aircraft (an

aircraft that has a service ceiling or

maximum operating altitude, whichever

is lower, above 25,000 feet MSL), unless

that person has received and logged

ground training from an authorized

instructor. The ground training must

include at least the following subjects—

(i) High-altitude aerodynamics and

meteorology;

(ii) Respiration;

(iii) Effects, symptoms, and causes of

hypoxia and any other high-altitude

sickness;

(iv) Duration of consciousness

without supplemental oxygen;

(v) Effects of prolonged usage of

supplemental oxygen;

(vi) Causes and effects of gas

expansion and gas bubble formation;
16308 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(vii) Preventive measures for

eliminating gas expansion, gas bubble

formation, and high-altitude sickness;

(viii) Physical phenomena and

incidents of decompression; and

(ix) Any other physiological aspects of

high-altitude flight.

(2) Except as provided in paragraph

(h)(3) of this section, no person may act

as pilot in command of a pressurized

aircraft unless that person has—

(i) Received and logged training from

an authorized instructor in a

pressurized aircraft, or in an approved

flight simulator or approved flight

training device that is representative of

a pressurized aircraft, which includes

normal cruise flight operations while

operating above 25,000 feet MSL, proper

emergency procedures for simulated

rapid decompression without actually

depressurizing the aircraft, and

emergency descent procedures; and

(ii) An endorsement in the person’s

logbook or training record from an

authorized instructor who found the

person proficient in the operation of a

pressurized aircraft.

(3) The training and endorsement

required by paragraphs (h)(1) and (h)(2)

of this section is not required if that

person can document satisfactory

accomplishment of any of the following

in a pressurized aircraft, or in an

approved flight simulator or approved

flight training device that is

representative of a pressurized aircraft—

(i) Serving as pilot in command before

April 15, 1991;

(ii) Completing a practical test for a

pilot certificate or rating before April 15,

1991;

(iii) Completing an official pilot in

command check conducted by the

military services of the United States; or

(iv) Completing a pilot in command

proficiency check under part 121, 125,

or 135 of this chapter conducted by the

Administrator or by an approved check

airman.

(i) Additional training required by the

aircraft’s type certificate. No person may

serve as pilot in command of an aircraft

that the Administrator has determined

requires aircraft type-specific training

unless that person has:

(1) Received and logged type-specific

training in the aircraft, or in an

approved flight simulator or an

approved flight training device that is

representative of that type of aircraft;

and

(2) Received a logbook endorsement

from an authorized instructor who has

found the person proficient in the

operation of the aircraft and its systems.

(j) Additional training required for

operating tailwheel airplanes. Except as

provided in paragraph (j)(3) of this

section, no person may act as pilot in

command of a tailwheel airplane unless

that person has:

(1) Received and logged flight training

from an authorized instructor in a

tailwheel airplane on the maneuvers

and procedures listed in paragraph (j)(2)

of this section.

(2) Received an endorsement in the

person’s logbook from an authorized

instructor who found the person

proficient in the operation of a tailwheel

airplane, to include at least normal and

crosswind takeoffs and landings, wheel

landings (unless the manufacturer has

recommended against such landings),

and go-around procedures.

(3) The training and endorsement

required by this paragraph is not

required if the person logged pilot-incommand time in a tailwheel airplane

before April 15, 1991.

(k) Additional training required for

operating a glider. (1) No person may

act as pilot in command of a glider:

(i) Using ground-tow procedures,

unless that person has satisfactorily

accomplished ground and flight training

on ground-tow procedures and

operations, and has received an

endorsement from an authorized

instructor who certifies in that pilot’s

logbook that the pilot has been found

proficient in ground-tow procedures

and operations;

(ii) Using aerotow procedures, unless

that person has satisfactorily

accomplished ground and flight training

on aerotow procedures and operations,

and has received an endorsement from

an authorized instructor who certifies in

that pilot’s logbook that the pilot has

been found proficient in aerotow

procedures and operations; and

(iii) Using self-launch procedures,

unless that person has satisfactorily

accomplished ground and flight training

on self-launch procedures and

operations, and has received an

endorsement from an authorized

instructor who certifies in that pilot’s

logbook that the pilot has been found

proficient in self-launch procedures and

operations.

(2) The holder of a glider rating issued

prior to August 4, 1997 is considered to

be in compliance with the training and

logbook endorsement requirements of

this paragraph for the specific operating

privilege for which the holder is already

qualified.

§ 61.33 Tests: General procedure.

Tests prescribed by or under this part

are given at times and places, and by

persons designated by the

Administrator.

§ 61.35 Knowledge test: Prerequisites and

passing grades.

(a) An applicant for a knowledge test

must have:

(1) Received an endorsement from an

authorized instructor certifying that the

applicant accomplished a groundtraining or a home-study course

required by this part for the certificate

or rating sought and is prepared for the

knowledge test; and

(2) Proper identification at the time of

application that contains the

applicant’s—

(i) Photograph;

(ii) Signature;

(iii) Date of birth, which shows the

applicant meets or will meet the age

requirements of this part for the

certificate sought before the expiration

date of the airman knowledge test

report; and

(iv) Actual residential address, if

different from the applicant’s mailing

address.

(b) The Administrator shall specify

the minimum passing grade for the

knowledge test.

§ 61.37 Knowledge tests: Cheating or

other unauthorized conduct.

(a) An applicant for a knowledge test

may not:

(1) Copy or intentionally remove any

knowledge test;

(2) Give to another applicant or

receive from another applicant any part

or copy of a knowledge test;

(3) Give assistance on, or receive

assistance on, a knowledge test during

the period that test is being given;

(4) Take any part of a knowledge test

on behalf of another person;

(5) Be represented by, or represent,

another person for a knowledge test;

(6) Use any material or aid during the

period that the test is being given,

unless specifically authorized to do so

by the Administrator; and

(7) Intentionally cause, assist, or

participate in any act prohibited by this

paragraph.

(b) An applicant who the

Administrator finds has committed an

act prohibited by paragraph (a) of this

section is prohibited, for 1 year after the

date of committing that act, from:

(1) Applying for any certificate, rating,

or authorization issued under this

chapter; and

(2) Applying for and taking any test

under this chapter.

(c) Any certificate or rating held by an

applicant may be suspended or revoked

if the Administrator finds that person

has committed an act prohibited by

paragraph (a) of this section.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16309

§ 61.39 Prerequisites for practical tests.

(a) Except as provided in paragraphs

(b) and (c) of this section, to be eligible

for a practical test for a certificate or

rating issued under this part, an

applicant must:

(1) Pass the required knowledge test

within the 24-calendar-month period

preceding the month the applicant

completes the practical test, if a

knowledge test is required;

(2) Present the knowledge test report

at the time of application for the

practical test, if a knowledge test is

required;

(3) Have satisfactorily accomplished

the required training and obtained the

aeronautical experience prescribed by

this part for the certificate or rating

sought;

(4) Hold at least a current third-class

medical certificate, if a medical

certificate is required;

(5) Meet the prescribed age

requirement of this part for the issuance

of the certificate or rating sought;

(6) Except as provided in paragraph

(c) of this section, have an endorsement

in the applicant’s logbook or training

record that has been signed by an

authorized instructor who certifies that

the applicant—

(i) Has received and logged training

time within 60 days preceding the date

of application in preparation for the

practical test;

(ii) Is prepared for the required

practical test; and

(iii) Has demonstrated satisfactory

knowledge of the subject areas in which

the applicant was deficient on the

airman knowledge test; and

(7) Have a completed and signed

application form.

(b) Notwithstanding the provisions of

paragraphs (a)(1) and (2) of this section,

an applicant for an airline transport

pilot certificate or an additional rating

to an airline transport certificate may

take the practical test for that certificate

or rating with an expired knowledge test

report, provided that the applicant:

(1) Is employed as a flight

crewmember by a certificate holder

under part 121, 125, or 135 of this

chapter at the time of the practical test

and has satisfactorily accomplished that

operator’s approved—

(i) Pilot in command aircraft

qualification training program that is

appropriate to the certificate and rating

sought; and

(ii) Qualification training

requirements appropriate to the

certificate and rating sought; or

(2) Is employed as a flight

crewmember in scheduled U.S. military

air transport operations at the time of

the practical test, and has accomplished

the pilot in command aircraft

qualification training program that is

appropriate to the certificate and rating

sought.

(c) A person is not required to comply

with the provisions of paragraph (a)(6)

of this section if that person:

(1) Holds a foreign-pilot license

issued by a contracting State to the

Convention on International Civil

Aviation that authorizes at least the

pilot privileges of the airman certificate

sought;

(2) Is applying for a type rating only,

or a class rating with an associated type

rating; or

(3) Is applying for an airline transport

pilot certificate or an additional rating

to an airline transport pilot certificate in

an aircraft that does not require an

aircraft type rating practical test.

(d) If all increments of the practical

test for a certificate or rating are not

completed on one date, all remaining

increments of the test must be

satisfactorily completed not more than

60 calendar days after the date on which

the applicant began the test.

(e) If all increments of the practical

test for a certificate or a rating are not

satisfactorily completed within 60

calendar days after the date on which

the applicant began the test, the

applicant must retake the entire

practical test, including those

increments satisfactorily completed.

§ 61.41 Flight training received from flight

instructors not certificated by the FAA.

(a) A person may credit flight training

toward the requirements of a pilot

certificate or rating issued under this

part, if that person received the training

from:

(1) A flight instructor of an Armed

Force in a program for training military

pilots of either—

(i) The United States; or

(ii) A foreign contracting State to the

Convention on International Civil

Aviation.

(2) A flight instructor who is

authorized to give such training by the

licensing authority of a foreign

contracting State to the Convention on

International Civil Aviation, and the

flight training is given outside the

United States.

(b) A flight instructor described in

paragraph (a) of this section is only

authorized to give endorsements to

show training given.

§ 61.43 Practical tests: General

procedures.

(a) Except as provided in paragraph

(b) of this section, the ability of an

applicant for a certificate or rating

issued under this part to perform the

required tasks on the practical test is

based on that applicant’s ability to

safely:

(1) Perform the tasks specified in the

areas of operation for the certificate or

rating sought within the approved

standards;

(2) Demonstrate mastery of the aircraft

with the successful outcome of each

task performed never seriously in doubt;

(3) Demonstrate satisfactory

proficiency and competency within the

approved standards;

(4) Demonstrate sound judgment; and

(5) Demonstrate single-pilot

competence if the aircraft is type

certificated for single-pilot operations.

(b) If an applicant does not

demonstrate single pilot proficiency, as

required in paragraph (a)(5) of this

section, a limitation of ‘‘Second in

Command Required’’ will be placed on

the applicant’s airman certificate. The

limitation may be removed if the

applicant passes the appropriate

practical test by demonstrating singlepilot competency in the aircraft in

which single-pilot privileges are sought.

(c) If an applicant fails any area of

operation, that applicant fails the

practical test.

(d) An applicant is not eligible for a

certificate or rating sought until all the

areas of operation are passed.

(e) The examiner or the applicant may

discontinue a practical test at any time:

(1) When the applicant fails one or

more of the areas of operation; or

(2) Due to inclement weather

conditions, aircraft airworthiness, or

any other safety-of-flight concern.

(f) If a practical test is discontinued,

the applicant is entitled credit for those

areas of operation that were passed, but

only if the applicant:

(1) Passes the remainder of the

practical test within the 60-day period

after the date the practical test was

discontinued;

(2) Presents to the examiner for the

retest the original notice of disapproval

form or the letter of discontinuance

form, as appropriate;

(3) Satisfactorily accomplishes any

additional training needed and obtains

the appropriate instructor

endorsements, if additional training is

required; and

(4) Presents to the examiner for the

retest a properly completed and signed

application.

§ 61.45 Practical tests: Required aircraft

and equipment.

(a) General. Except as provided in

paragraph (a)(2) of this section or when

permitted to accomplish the entire flight

increment of the practical test in an

approved flight simulator or an
16310 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

approved flight training device, an

applicant for a certificate or rating

issued under this part must furnish:

(1) An aircraft of U.S. registry for each

required test that—

(i) Is of the category, class, and type,

if applicable, for which the applicant is

applying for a certificate or rating; and

(ii) Has a current standard, limited, or

primary airworthiness certificate.

(2) At the discretion of the examiner

who administers the practical test, the

applicant may furnish—

(i) An aircraft that has a current

airworthiness certificate other than

standard, limited, or primary, but that

otherwise meets the requirement of

paragraph (a)(1) of this section;

(ii) An aircraft of the same category,

class, and type, if applicable, of foreign

registry that is properly certificated by

the country of registry; or

(iii) A military aircraft of the same

category, class, and type, if applicable,

for which the applicant is applying for

a certificate or rating.

(b) Required equipment (other than

controls). An aircraft used for a practical

test must have:

(1) The equipment for each area of

operation required for the practical test;

(2) No prescribed operating

limitations that prohibit its use in any

of the areas of operation required for the

practical test;

(3) Except as provided in paragraph

(e) of this section, at least two pilot

stations with adequate visibility for each

person to operate the aircraft safely; and

(4) Cockpit and outside visibility

adequate to evaluate the performance of

the applicant when an additional jump

seat is provided for the examiner.

(c) Required controls. An aircraft

(other than a lighter-than-air aircraft)

used for a practical test must have

engine power controls and flight

controls that are easily reached and

operable in a conventional manner by

both pilots, unless the examiner

determines that the practical test can be

conducted safely in the aircraft without

the controls being easily reached.

(d) Simulated instrument flight

equipment. An applicant for a practical

test that involves maneuvering an

aircraft solely by reference to

instruments must furnish:

(1) Equipment on board the aircraft

that permits the applicant to pass the

areas of operation that apply to the

rating sought; and

(2) A device that prevents the

applicant from having visual reference

outside the aircraft, but does not prevent

the examiner from having visual

reference outside the aircraft, and is

otherwise acceptable to the

Administrator.

(e) Aircraft with single controls. A

practical test may be conducted in an

aircraft having a single set of controls,

provided the:

(1) Examiner agrees to conduct the

test;

(2) Test does not involve a

demonstration of instrument skills; and

(3) Proficiency of the applicant can be

observed by an examiner who is in a

position to observe the applicant.

§ 61.47 Status of an examiner who is

authorized by the Administrator to conduct

practical tests.

(a) An examiner represents the

Administrator for the purpose of

conducting practical tests for certificates

and ratings issued under this part and

to observe an applicant’s ability to

perform the areas of operation on the

practical test.

(b) The examiner is not the pilot in

command of the aircraft during the

practical test unless the examiner agrees

to act in that capacity for the flight or

for a portion of the flight by prior

arrangement with:

(1) The applicant; or

(2) A person who would otherwise act

as pilot in command of the flight or for

a portion of the flight.

(c) Notwithstanding the type of

aircraft used during the practical test,

the applicant and the examiner (and any

other occupants authorized to be on

board by the examiner) are not subject

to the requirements or limitations on the

carriage of passengers that are specified

in this chapter.

§ 61.49 Retesting after failure.

(a) An applicant for a knowledge or

practical test who fails that test may

reapply for the test only after the

applicant has received:

(1) The necessary training from an

authorized instructor who has

determined that the applicant is

proficient to pass the test; and

(2) An endorsement from an

authorized instructor who gave the

applicant the additional training.

(b) An applicant for a flight instructor

certificate with an airplane category

rating or, for a flight instructor

certificate with a glider category rating,

who has failed the practical test due to

deficiencies in instructional proficiency

on stall awareness, spin entry, spins, or

spin recovery must:

(1) Comply with the requirements of

paragraph (a) of this section before being

retested;

(2) Bring an aircraft to the retest that

is of the appropriate aircraft category for

the rating sought and is certificated for

spins; and

(3) Demonstrate satisfactory

instructional proficiency on stall

awareness, spin entry, spins, and spin

recovery to an examiner during the

retest.

§ 61.51 Pilot logbooks.

(a) Training time and aeronautical

experience. Each person must document

and record the following time in a

manner acceptable to the Administrator:

(1) Training and aeronautical

experience used to meet the

requirements for a certificate, rating, or

flight review of this part.

(2) The aeronautical experience

required for meeting the recent flight

experience requirements of this part.

(b) Logbook entries. For the purposes

of meeting the requirements of

paragraph (a) of this section, each

person must enter the following

information for each flight or lesson

logged:

(1) General—

(i) Date.

(ii) Total flight time.

(iii) Location where the aircraft

departed and arrived, or for lessons in

an approved flight simulator or an

approved flight training device, the

location where the lesson occurred.

(iv) Type and identification of aircraft,

approved flight simulator, or approved

flight training device, as appropriate.

(v) The name of a safety pilot, if

required by § 91.109(b) of this chapter.

(2) Type of pilot experience or

training—

(i) Solo.

(ii) Pilot in command.

(iii) Second in command.

(iv) Flight and ground training

received from an authorized instructor.

(v) Training received in an approved

flight simulator or approved flight

training device from an authorized

instructor.

(3) Conditions of flight—

(i) Day or night.

(ii) Actual instrument.

(iii) Simulated instrument conditions

in flight, an approved flight simulator,

or an approved flight training device.

(c) Logging of pilot time. The pilot

time described in this section may be

used to:

(1) Apply for a certificate or rating

issued under this part; or

(2) Satisfy the recent flight experience

requirements of this part.

(d) Logging of solo flight time. Except

for a student pilot acting as pilot in

command of an airship requiring more

than one flight crewmember, a pilot may

log as solo flight time only that flight

time when the pilot is the sole occupant

of the aircraft.

(e) Logging pilot-in-command flight

time. (1) A recreational, private, or

commercial pilot may log pilot-in-
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16311

command time only for that flight time

during which that person is—

(i) The sole manipulator of the

controls of an aircraft for which the

pilot is rated; or

(ii) Except for a recreational pilot,

when acting as pilot in command of an

aircraft on which more than one pilot is

required under the type certification of

the aircraft or the regulations under

which the flight is conducted.

(2) An airline transport pilot may log

as pilot-in-command time all of the

flight time while acting as pilot-incommand of an operation requiring an

airline transport pilot certificate.

(3) An authorized instructor may log

as pilot-in-command time all flight time

while acting as an authorized instructor.

(4) A student pilot may log pilot-incommand time when the student pilot—

(i) Is the sole occupant of the aircraft;

(ii) Has a current solo flight

endorsement as required under § 61.87

of this part; and

(iii) Is undergoing training for a pilot

certificate or rating, is acting as pilot in

command of an airship requiring more

than one flight crewmember, or is

logging pilot-in-command flight time to

obtain the pilot-in-command flight

experience requirements for a pilot

certificate or aircraft rating.

(f) Logging second-in-command flight

time. A person may log second-incommand flight time only for that flight

time during which that person:

(1) Is qualified in accordance with the

second-in-command requirements of

§ 61.55 of this part, and occupies a

crewmember station in an aircraft that

requires more than one pilot by the

aircraft’s type certificate; or

(2) Holds the appropriate category,

class, and instrument rating (if an

instrument rating is required for the

flight) for the aircraft being flown, and

more than one pilot is required under

the type certification of the aircraft or

the regulations under which the flight is

being conducted.

(g) Logging instrument flight time. (1)

A person may log instrument flight time

only for that flight time when the person

operates the aircraft solely by reference

to instruments under actual or

simulated instrument flight conditions.

(2) An authorized instructor may log

instrument flight time when conducting

instrument flight instruction in actual

instrument flight conditions.

(3) For the purposes of logging

instrument flight time to meet the recent

instrument experience requirements of

§ 61.57(c) of this part, the following

information must be recorded in the

person’s logbook—

(i) The location and type of each

instrument approach accomplished; and

(ii) The name of the safety pilot, if

required.

(4) An approved flight simulator or

approved flight training device may be

used by a person to log instrument flight

time, provided an authorized instructor

is present during the simulated flight.

(h) Logging training time. (1) A person

may log training time when that person

receives training from an authorized

instructor in an aircraft, approved flight

simulator, or approved flight training

device.

(2) The training time must be logged

in a logbook and must:

(i) Be endorsed in a legible manner by

the authorized instructor; and

(ii) Include a description of the

training given, the length of the training

lesson, and the instructor’s signature,

certificate number, and certificate

expiration date.

(i) Presentation of required

documents. (1) Persons must present

their pilot certificate, medical

certificate, logbook, or any other record

required by this part for inspection

upon a reasonable request by—

(i) The Administrator;

(ii) An authorized representative from

the National Transportation Safety

Board; or

(iii) Any Federal, State, or local law

enforcement officer.

(2) A student pilot must carry the

following items in the aircraft on all

solo cross-country flights as evidence of

the required instructor clearances and

endorsements—

(i) Pilot logbook;

(ii) Student pilot certificate; and

(iii) Any other record required by this

section.

(3) A recreational pilot must carry his

or her logbook with the required

instructor endorsements on all flights

when serving as pilot in command or as

a required flight crewmember for flights

of more than 50 nautical miles from an

airport where training was received.

§ 61.53 Prohibition on operations during

medical deficiency.

(a) Operations that require a medical

certificate. Except as provided for in

paragraph (b) of this section, a person

who holds a current medical certificate

issued under part 67 of this chapter

shall not act as pilot in command, or in

any other capacity as a required pilot

flight crewmember, while that person:

(1) Knows or has reason to know of

any medical condition that would make

the person unable to meet the

requirements for the medical certificate

necessary for the pilot operation; or

(2) Is taking medication or receiving

other treatment for a medical condition

that results in the person being unable

to meet the requirements for the medical

certificate necessary for the pilot

operation.

(b) Operations that do not require a

medical certificate. For operations

provided for in § 61.23(b) of this part, a

person shall not act as pilot in

command, or in any other capacity as a

required pilot flight crewmember, while

that person knows or has reason to

know of any medical condition that

would make the person unable to

operate the aircraft in a safe manner.

§ 61.55 Second-in-command

qualifications.

(a) Except as provided in paragraph

(d) of this section, no person may serve

as a second in command of an aircraft

type certificated for more than one

required pilot flight crewmember or in

operations requiring a second in

command unless that person holds:

(1) At least a current private pilot

certificate with the appropriate category

and class rating; and

(2) An instrument rating that applies

to the aircraft being flown if the flight

is under IFR.

(b) Except as provided in paragraph

(d) of this section, no person may serve

as a second in command of an aircraft

type certificated for more than one

required pilot flight crewmember or in

operations requiring a second in

command unless that person has within

the previous 12 calendar months:

(1) Become familiar with the

following information for the specific

type aircraft for which second-incommand privileges are requested—

(i) Operational procedures applicable

to the powerplant, equipment, and

systems.

(ii) Performance specifications and

limitations.

(iii) Normal, abnormal, and

emergency operating procedures.

(iv) Flight manual.

(v) Placards and markings.

(2) Except as provided in paragraph

(e) of this section, performed and logged

pilot time in the type of aircraft or in an

approved flight simulator or approved

flight training device that represents the

type of aircraft for which second-incommand privileges are requested,

which includes—

(i) Three takeoffs and three landings

as the sole manipulator of the flight

controls;

(ii) Engine-out procedures and

maneuvering with an engine out while

executing the duties of pilot in

command; and

(iii) Crew resource management

training.

(c) If a person complies with the

requirements in paragraph (b) of this
16312 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

section in the calendar month before or

the calendar month after the month in

which compliance with this section is

required, then that person is considered

to have accomplished the training and

practice in the month it is due.

(d) This section does not apply to a

person who is:

(1) Designated and qualified as a pilot

in command under part 121, 125, or 135

of this chapter in that specific type of

aircraft;

(2) Designated as the second in

command under part 121, 125, or 135 of

this chapter, in that specific type of

aircraft;

(3) Designated as the second in

command in that specific type of aircraft

for the purpose of receiving flight

training required by this section, and no

passengers or cargo are carried on the

aircraft; or

(4) Designated as a safety pilot for

purposes required by § 91.109(b) of this

chapter.

(e) The holder of a commercial or

airline transport pilot certificate with

the appropriate category and class rating

is not required to meet the requirements

of paragraph (b)(2) of this section,

provided the pilot:

(1) Is conducting a ferry flight, aircraft

flight test, or evaluation flight of an

aircraft’s equipment; and

(2) Is not carrying any person or

property on board the aircraft, other

than necessary for conduct of the flight.

(f) For the purpose of meeting the

requirements of paragraph (b) of this

section, a person may serve as second in

command in that specific type aircraft,

provided:

(1) The flight is conducted under day

VFR or day IFR; and

(2) No person or property is carried on

board the aircraft, other than necessary

for conduct of the flight.

(g) Except as provided in paragraph

(h) of this section, the requirements of

paragraph (b) of this section may be

accomplished in an approved flight

simulator that is—

(1) Qualified and approved by the

Administrator for such purposes; and

(2) Used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(h) An applicant for an initial secondin-command qualification for a

particular type of aircraft who is

qualifying under the terms of paragraph

(g) of this section must satisfactorily

complete a minimum of one takeoff and

one landing in an aircraft of the same

type for which the qualification is

sought.

§ 61.56 Flight review.

(a) Except as provided in paragraphs

(b) and (f) of this section, a flight review

consists of a minimum of 1 hour of

flight training and 1 hour of ground

training. The review must include:

(1) A review of the current general

operating and flight rules of part 91 of

this chapter; and

(2) A review of those maneuvers and

procedures that, at the discretion of the

person giving the review, are necessary

for the pilot to demonstrate the safe

exercise of the privileges of the pilot

certificate.

(b) Glider pilots may substitute a

minimum of three instructional flights

in a glider, each of which includes a

flight to traffic pattern altitude, in lieu

of the 1 hour of flight training required

in paragraph (a) of this section.

(c) Except as provided in paragraphs

(d) and (e) of this section, no person

may act as pilot in command of an

aircraft unless, since the beginning of

the 24th calendar month before the

month in which that pilot acts as pilot

in command, that person has:

(1) Accomplished a flight review

given in an aircraft for which that pilot

is rated by an appropriately rated

instructor certificated under this part or

other person designated by the

Administrator; and

(2) A logbook endorsed by the person

who gave the review certifying that the

person has satisfactorily completed the

review.

(d) A person who has, within the

period specified in paragraph (c) of this

section, passed a pilot proficiency check

conducted by an examiner, an approved

pilot check airman, or a U.S. Armed

Force, for a pilot certificate, rating, or

operating privilege need not accomplish

the flight review required by this

section.

(e) A person who has, within the

period specified in paragraph (c) of this

section, satisfactorily accomplished one

or more phases of an FAA-sponsored

pilot proficiency award program need

not accomplish the flight review

required by this section.

(f) A person who holds a current flight

instructor certificate who has, within

the period specified in paragraph (c) of

this section, satisfactorily completed a

renewal of a flight instructor certificate

under the provisions in § 61.197 need

not accomplish the 1 hour of ground

training specified in paragraph (a) of

this section.

(g) The requirements of this section

may be accomplished in combination

with the requirements of § 61.57 and

other applicable recent experience

requirements at the discretion of the

person conducting the flight review.

(h) A flight simulator or flight training

device may be used to meet the flight

review requirements of this section

subject to the following conditions:

(1) The flight simulator or flight

training device must be approved by the

Administrator for that purpose.

(2) The approved flight simulator or

approved flight training device must be

used in accordance with an approved

course conducted by a training center

certificated under part 142 of this

chapter.

(3) Unless the flight review is

undertaken in a flight simulator that is

approved for landings, the applicant

must meet the takeoff and landing

requirements of § 61.57(a) or § 61.57(b)

of this part.

(4) The approved flight simulator or

approved flight training device used

must represent an aircraft, or set of

aircraft, for which the pilot is rated.

§ 61.57 Recent flight experience: Pilot in

command.

(a) General experience. (1) Except as

provided in paragraph (e) of this

section, no person may act as a pilot in

command of an aircraft carrying

passengers or as a required pilot on

board an aircraft that requires more than

one pilot flight crewmember unless that

person has made at least three takeoffs

and three landings within the preceding

90 days, and—

(i) The person acted as the sole

manipulator of the flight controls; and

(ii) The required takeoffs and landings

were performed in an aircraft of the

same category, class, and type (if a type

rating is required), and, if the aircraft to

be flown is an airplane with a tailwheel,

the takeoffs and landings must have

been made to a full stop in an airplane

with a tailwheel.

(2) For the purpose of meeting the

requirements of paragraph (a)(1) of this

section, a person may act as a pilot in

command of an aircraft under day VFR

or day IFR, provided no persons or

property are carried on board the

aircraft, other than those necessary for

the conduct of the flight.

(3) The takeoffs and landings required

by paragraph (a)(1) of this section may

be accomplished in an approved flight

simulator or an approved flight training

device that is—

(i) Approved by the Administrator for

landings; and

(ii) Used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(b) Night takeoff and landing

experience. (1) Except as provided in

paragraph (e) of this section, no person

may act as pilot in command of an
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16313

aircraft carrying passengers during the

period beginning 1 hour after sunset and

ending 1 hour before sunrise, unless

within the preceding 90 days that

person has made at least three takeoffs

and three landings to a full stop during

the period beginning 1 hour after sunset

and ending 1 hour before sunrise.

(2) The takeoffs and landings required

by paragraph (b)(1) of this section may

be accomplished in a flight simulator

that is—

(i) Approved by the Administrator for

takeoffs and landings, if the visual

system is adjusted to represent the

period described in paragraph (b)(1) of

this section; and

(ii) Used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(c) Recent instrument experience.

Except as provided in paragraph (e) of

this section, no person may act as pilot

in command under IFR or in weather

conditions less than the minimums

prescribed for VFR, unless within the

preceding 6 calendar months, that

person has:

(1) For the purpose of obtaining

instrument experience in an aircraft

(other than a glider), performed and

logged under actual or simulated

instrument conditions, either in flight

appropriate to the appropriate category

of aircraft for the instrument privileges

sought or in an approved flight

simulator or approved flight training

device that is representative of the

aircraft category for the instrument

privileges sought—

(i) At least six instrument approaches;

(ii) Holding procedures; and

(iii) Intercepting and tracking courses

through the use of navigation systems.

(2) For the purpose of obtaining

instrument experience in a glider,

performed and logged under actual or

simulated instrument conditions—

(i) At least 3 hours of instrument time

in flight, of which 11⁄2 hours may be

acquired in an airplane or a glider if no

passengers are to be carried; or

(ii) 3 hours of instrument time in

flight in a glider if a passenger is to be

carried.

(d) Instrument proficiency check.

Except as provided in paragraph (e) of

this section, a person who does not meet

the recent instrument experience

requirements of paragraph (c) of this

section within the prescribed time or

within 6 calendar months after the

prescribed time may not serve as pilot

in command under IFR or in weather

conditions less than the minimums

prescribed for VFR until that person

passes an instrument proficiency check

consisting of a representative number of

tasks required by the instrument rating

practical test.

(1) The instrument proficiency check

must be—

(i) In an aircraft that is appropriate to

the aircraft category;

(ii) In an approved flight simulator or

approved flight training device that is

representative of the aircraft category

(other than a glider); or

(iii) For a glider, in a single-engine

airplane or a glider.

(2) The instrument proficiency check

must be given by—

(i) An examiner;

(ii) A person authorized by the U.S.

Armed Forces to conduct instrument

flight tests, provided the person being

tested is a member of the U.S. Armed

Forces;

(iii) A company check pilot who is

authorized to conduct instrument flight

tests under part 121, 125, or 135 of this

chapter, and provided that both the

check pilot and the pilot being tested

are employees of that operator;

(iv) An instrument flight instructor

who holds the appropriate instrument

instructor rating; or

(v) A person approved by the

Administrator to conduct instrument

practical tests.

(e) Exceptions. (1) Paragraphs (a) and

(b) of this section do not apply to a pilot

in command who is employed by a

certificate holder under part 125 and

engaged in a flight operation for that

certificate holder if the pilot is in

compliance with §§ 125.281 and

125.285 of this chapter.

(2) This section does not apply to a

pilot in command who is employed by

an air carrier certificated under part 121

or 135 and is engaged in a flight

operation under part 91, 121, or 135 for

that air carrier if the pilot is in

compliance with §§ 121.437 and

121.439, or §§ 135.243 and 135.247 of

this chapter, as appropriate.

§ 61.58 Pilot-in-command proficiency

check: Operation of aircraft requiring more

than one pilot.

(a) Except as otherwise provided in

this section, to serve as pilot in

command of an aircraft that is type

certificated for more than one required

pilot crewmember, a person must:

(1) Within the preceding 12 calendar

months, complete a pilot in command

check in an aircraft that is type

certificated for more than one required

pilot crewmember; and

(2) Within the preceding 24 calendar

months, complete a pilot in command

check in the particular type of aircraft

in which that person will serve as pilot

in command.

(b) This section does not apply to

persons conducting operations under

part 121, 125, 133, 135, or 137 of this

chapter.

(c) The pilot in command check given

in accordance with the provisions of

part 121, 125, or 135 of this chapter may

be used to satisfy the requirements of

this section.

(d) The pilot in command check

required by paragraph (a) of this section

may be accomplished by satisfactory

completion of one of the following:

(1) A pilot in command proficiency

check conducted by a person authorized

by the Administrator, consisting of the

maneuvers and procedures required for

a type rating;

(2) The practical test required for a

type rating;

(3) The initial or periodic practical

test required for the issuance of a pilot

examiner or check airman designation;

or

(4) A military flight check required for

a pilot in command with instrument

privileges, in an aircraft that the military

requires to be operated by more than

one pilot.

(e) A check or test described in

paragraphs (d)(1) through (d)(4) of this

section may be accomplished in a flight

simulator approved under this chapter.

(f) For the purpose of meeting the

check requirements of paragraph (a) of

this section, a person may act as pilot

in command of a flight under day VFR

conditions or day IFR conditions if no

person or property is carried, other than

as necessary to demonstrate compliance

with this part.

(g) If a pilot takes the check required

by this section in the calendar month

before or the calendar month after the

month in which it is due, the pilot is

considered to have taken it in the month

in which it was due for the purpose of

computing when the next check is due.

§ 61.59 Falsification, reproduction, or

alteration of applications, certificates,

logbooks, reports, or records.

(a) No person may make or cause to

be made:

(1) Any fraudulent or intentionally

false statement on any application for a

certificate, rating, authorization, or

duplicate thereof, issued under this

part;

(2) Any fraudulent or intentionally

false entry in any logbook, record, or

report that is required to be kept, made,

or used to show compliance with any

requirement for the issuance or exercise

of the privileges of any certificate,

rating, or authorization under this part;

(3) Any reproduction for fraudulent

purpose of any certificate, rating, or

authorization, under this part; or

(4) Any alteration of any certificate,

rating, or authorization under this part.
16314 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(b) The commission of an act

prohibited under paragraph (a) of this

section is a basis for suspending or

revoking any airman certificate, rating,

or authorization held by that person.

§ 61.60 Change of address.

The holder of a pilot, flight instructor,

or ground instructor certificate who has

made a change in permanent mailing

address may not, after 30 days from that

date, exercise the privileges of the

certificate unless the holder has notified

in writing the FAA, Airman

Certification Branch, P.O. Box 25082,

Oklahoma City, OK 73125, of the new

permanent mailing address, or if the

permanent mailing address includes a

post office box number, then the

holder’s current residential address.

Subpart B—Aircraft Ratings and Pilot

Authorizations

§ 61.61 Applicability.

This subpart prescribes the

requirements for the issuance of

additional aircraft ratings after a pilot

certificate is issued, and the

requirements for and limitations of pilot

authorizations issued by the

Administrator.

§ 61.63 Additional aircraft ratings (other

than airline transport pilot).

(a) General. To be eligible for an

additional aircraft rating to a pilot

certificate, for other than an airline

transport pilot certificate, an applicant

must meet the appropriate requirements

of this section, for the additional aircraft

rating sought.

(b) Additional category rating. An

applicant who holds a pilot certificate

and applies to add a category rating to

that pilot certificate:

(1) Must have received the required

training and possess the aeronautical

experience prescribed by this part that

applies to the pilot certificate for the

aircraft category and, if applicable, class

rating sought;

(2) Must have an endorsement in his

or her logbook or training record from

an authorized instructor, and that

endorsement must attest that the

applicant has been found competent in

the aeronautical knowledge areas

appropriate to the pilot certificate for

the aircraft category and, if applicable,

class rating sought;

(3) Must have an endorsement in his

or her logbook or training record from

an authorized instructor, and that

endorsement must attest that the

applicant has been found proficient on

the areas of operation that are

appropriate to the pilot certificate for

the aircraft category and, if applicable,

class rating sought;

(4) Must pass the required practical

test that is appropriate to the pilot

certificate for the aircraft category and,

if applicable, class rating sought; and

(5) Need not take an additional

knowledge test, provided the applicant

holds an airplane, rotorcraft, poweredlift, or airship rating at that pilot

certificate level.

(c) Additional class rating. Any

person who applies for an additional

class rating to be added on a pilot

certificate:

(1) Must have an endorsement in his

or her logbook or training record from

an authorized instructor and that

endorsement must attest that the

applicant has been found competent in

the aeronautical knowledge areas

appropriate to the pilot certificate for

the aircraft class rating sought;

(2) Must have an endorsement in his

or her logbook or training record from

an authorized instructor, and that

endorsement must attest that the

applicant has been found proficient in

the areas of operation appropriate to the

pilot certificate for the aircraft class

rating sought;

(3) Must pass the required practical

test that is appropriate to the pilot

certificate for the aircraft class rating

sought;

(4) Need not meet the specified

training time requirements prescribed

by this part that apply to the pilot

certificate for the aircraft class rating

sought; and

(5) Need not take an additional

knowledge test, provided the applicant

holds an airplane, rotorcraft, poweredlift, or airship rating at that pilot

certificate level.

(d) Additional type rating. Except as

specified in paragraph (d)(7) of this

section, a person who applies for an

additional aircraft type rating to be

added on a pilot certificate, or the

addition of an aircraft type rating that is

accomplished concurrently with an

additional aircraft category or class

rating:

(1) Must hold or concurrently obtain

an instrument rating that is appropriate

to the aircraft category, class, or type

rating sought;

(2) Must have an endorsement in his

or her logbook or training record from

an authorized instructor, and that

endorsement must attest that the

applicant has been found competent in

the aeronautical knowledge areas

appropriate to the pilot certificate for

the aircraft category, class, or type rating

sought;

(3) Must have an endorsement in his

or her logbook, or training record from

an authorized instructor, and that

endorsement must attest that the

applicant has been found proficient in

the areas of operation required for the

issuance of an airline transport pilot

certificate for the aircraft category, class,

and type rating sought;

(4) Must pass the required practical

test appropriate to the airline transport

pilot certificate for the aircraft category,

class, and type rating sought;

(5) Must perform the practical test

under instrument flight rules, unless the

practical test cannot be accomplished

under instrument flight rules because

the aircraft’s type certificate makes the

aircraft incapable of operating under

instrument flight rules. If the practical

test cannot be accomplished for this

reason, the person may obtain a type

rating limited to ‘‘VFR only.’’ The ‘‘VFR

only’’ limitation may be removed for

that aircraft type when the person

passes the practical test under

instrument flight rules. When an

instrument rating is issued to a person

who holds one or more type ratings, the

type ratings on the amended pilot

certificate shall bear the ‘‘VFR only’’

limitation for each aircraft type rating

for which the person has not

demonstrated instrument competency;

(6) Need not take an additional

knowledge test, provided the applicant

holds an airplane, rotorcraft, poweredlift, or airship rating on their pilot

certificate; and

(7) In the case of a pilot employee of

a part 121 or a part 135 certificate

holder, must have—

(i) Met the appropriate requirements

of paragraphs (d)(1), (d)(4), and (d)(5) of

this section for the aircraft type rating

sought; and

(ii) Received an endorsement in his or

her flight training record from the

certificate holder attesting that the

applicant has completed the certificate

holder’s approved ground and flight

training program appropriate to the

aircraft type rating sought.

(e) Use of an approved flight

simulator or an approved flight training

device for an additional rating in an

airplane. The areas of operation

required to be performed by paragraphs

(b), (c), and (d) of this section shall be

performed as follows:

(1) Except as provided in paragraph

(e)(2) of this section, the areas of

operation must be performed in an

airplane of the same category, class, and

type, if applicable, as the airplane for

which the additional rating is sought.

(2) Subject to the limitations of

paragraph (e)(3) through (e)(12) of this

section, the areas of operation may be

performed in an approved flight

simulator or an approved flight training

device that represents the airplane for

which the additional rating is sought.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16315

(3) The use of an approved flight

simulator or an approved flight training

device permitted by paragraph (e)(2) of

this section shall be conducted in

accordance with an approved course at

a training center certificated under part

142 of this chapter.

(4) To complete all training and

testing (except preflight inspection) for

an additional airplane rating without

limitations when using a flight

simulator—

(i) The flight simulator must be

approved as Level C or Level D; and

(ii) The applicant must meet at least

one of the following:

(A) Hold a type rating for a turbojet

airplane of the same class of airplane for

which the type rating is sought, or have

been appointed by a military service as

a pilot in command of an airplane of the

same class of airplane for which the

type rating is sought, if a type rating in

a turbojet airplane is sought.

(B) Hold a type rating for a

turbopropeller airplane of the same

class of airplane for which the type

rating is sought, or have been designated

by a military service as a pilot in

command of an airplane of the same

class of airplane for which the type

rating is sought, if a type rating in a

turbopropeller airplane is sought.

(C) Have at least 2,000 hours of flight

time, of which 500 hours is in turbinepowered airplanes of the same class of

airplane for which the type rating is

sought.

(D) Have at least 500 hours of flight

time in the same type airplane as the

airplane for which the rating is sought.

(E) Have at least 1,000 hours of flight

time in at least two different airplanes

requiring a type rating.

(5) Subject to the limitation of

paragraph (e)(6) of this section, an

applicant who does not meet the

requirements of paragraph (e)(4) of this

section may complete all training and

testing (except for preflight inspection)

for an additional rating when using a

flight simulator if—

(i) The flight simulator is approved as

a Level C or Level D; and

(ii) The applicant meets at least one

of the following:

(A) Holds a type rating in a propellerdriven airplane if a type rating in a

turbojet airplane is sought, or holds a

type rating in a turbojet airplane if a

type rating in a propeller-driven

airplane is sought; or

(B) Since the beginning of the 12th

calendar month before the month in

which the applicant completes the

practical test for an additional airplane

rating, has logged:

(1) At least 100 hours of flight time in

airplanes of the same class for which the

type rating is sought and which requires

a type rating; and

(2) At least 25 hours of flight time in

airplanes of the same type for which the

rating is sought.

(6) An applicant meeting only the

requirements of paragraph (e)(5) of this

section will be issued an additional

rating with a limitation.

(7) The limitation on a certificate

issued under the provisions of

paragraph (e)(6) of this section shall

state, ‘‘This certificate is subject to pilotin-command limitations for the

additional rating.’’

(8) An applicant who has been issued

a pilot certificate with the limitation

specified in paragraph (e)(7) of this

section—

(i) May not act as pilot in command

of that airplane for which the additional

rating was obtained under the

provisions of this section until the

limitation is removed from the pilot

certificate; and

(ii) May have the limitation removed

by accomplishing 15 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in the same type of

airplane to which the limitation applies.

(9) An applicant who does not meet

the requirements of paragraph (e)(4) or

paragraph (e)(5) of this section may be

issued an additional rating after

successful completion of one of the

following requirements:

(i) Compliance with paragraphs (e)(2)

and (e)(3) of this section and the

following tasks, which must be

successfully completed on a static

airplane or in flight, as appropriate:

(A) Preflight inspection;

(B) Normal takeoff;

(C) Normal ILS approach;

(D) Missed approach; and

(E) Normal landing.

(ii) Compliance with paragraphs

(e)(2), (e)(3), and (e)(10) through (e)(12)

of this section.

(10) An applicant meeting only the

requirements of paragraph (e)(9) of this

section will be issued an additional

rating with a limitation.

(11) The limitation on a certificate

issued under the provisions of

paragraph (e)(10) of this section shall

state, ‘‘This certificate is subject to pilotin-command limitations for the

additional rating.’’

(12) An applicant who has been

issued a pilot certificate with the

limitation specified in paragraph (e)(11)

of this section—

(i) May not act as pilot in command

of that airplane for which the additional

rating was obtained under the

provisions of this section until the

limitation is removed from the pilot

certificate; and

(ii) May have the limitation removed

by accomplishing 25 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in that airplane of

the same type to which the limitation

applies.

(f) Use of an approved flight simulator

or an approved flight training device for

an additional rating in a helicopter. The

areas of operation required to be

performed by paragraphs (b), (c), and (d)

of this section shall be performed as

follows:

(1) Except as provided in paragraph

(f)(2) of this section, the areas of

operation must be performed in a

helicopter of the same type for the

additional rating sought.

(2) Subject to the limitations of

paragraph (f)(3) through (f)(12) of this

section, the areas of operation may be

performed in an approved flight

simulator or an approved flight training

device that represents that helicopter for

the additional rating sought.

(3) The use of an approved flight

simulator or an approved flight training

device permitted by paragraph (f)(2) of

this section shall be conducted in

accordance with an approved course at

a training center certificated under part

142 of this chapter.

(4) To complete all training and

testing (except preflight inspection) for

an additional helicopter rating without

limitations when using a flight

simulator—

(i) The flight simulator must be

approved as Level C or Level D; and

(ii) The applicant must meet at least

one of the following if a type rating is

sought in a turbine-powered helicopter:

(A) Hold a type rating in a turbinepowered helicopter or have been

appointed by a military service as a

pilot in command of a turbine-powered

helicopter.

(B) Have at least 2,000 hours of flight

time that includes at least 500 hours in

turbine-powered helicopters.

(C) Have at least 500 hours of flight

time in turbine-powered helicopters.

(D) Have at least 1,000 hours of flight

time in at least two different turbinepowered helicopters.

(5) Subject to the limitation of

paragraph (f)(6) of this section, an

applicant who does not meet the

requirements of paragraph (f)(4) of this

section may complete all training and

testing (except for preflight inspection)

for an additional rating when using a

flight simulator if—
16316 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The flight simulator is approved as

Level C or Level D; and

(ii) The applicant meets at least one

of the following:

(A) Holds a type rating in a turbinepowered helicopter if a type rating in a

turbine-powered helicopter is sought; or

(B) Since the beginning of the 12th

calendar month before the month in

which the applicant completes the

practical test for an additional

helicopter rating, has logged at least 25

hours of flight time in helicopters of the

same type for which the rating is sought.

(6) An applicant meeting only the

requirements of paragraph (f)(5) of this

section will be issued an additional

rating with a limitation.

(7) The limitation on a certificate

issued under the provisions of

paragraph (f)(6) of this section shall

state, ‘‘This certificate is subject to pilotin-command limitations for the

additional rating.’’

(8) An applicant who is issued a pilot

certificate with the limitation specified

in paragraph (f)(7) of this section—

(i) May not act as pilot in command

of that helicopter for which the

additional rating was obtained under

the provisions of this section until the

limitation is removed from the pilot

certificate; and

(ii) May have the limitation removed

by accomplishing 15 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in the same type of

helicopter to which the limitation

applies.

(9) An applicant who does not meet

the requirements of paragraph (f)(4) or

paragraph (f)(5) of this section may be

issued an additional rating after

successful completion of one of the

following requirements:

(i) Compliance with paragraphs (f)(2)

and (f)(3) of this section and the

following tasks, which must be

successfully completed on a static

helicopter or in flight, as appropriate:

(A) Preflight inspection;

(B) Normal takeoff;

(C) Normal ILS approach;

(D) Missed approach; and

(E) Normal landing.

(ii) Compliance with paragraphs (f)(2),

(f)(3), and (f)(10) through (f)(12) of this

section.

(10) An applicant meeting only the

requirements of paragraph (f)(9) of this

section will be issued an additional

rating with a limitation.

(11) The limitation on a certificate

issued under the provisions of

paragraph (f)(10) of this section shall

state, ‘‘This certificate is subject to pilotin-command limitations for the

additional rating.’’

(12) An applicant who has been

issued a pilot certificate with the

limitation specified in paragraph (f)(11)

of this section—

(i) May not act as pilot in command

of that helicopter for which the

additional rating was obtained under

the provisions of this section until the

limitation is removed from the pilot

certificate; and

(ii) May have the limitation removed

by accomplishing 25 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in that helicopter of

the same type as to which the limitation

applies.

(g) Use of an approved flight

simulator or an approved flight training

device for an additional rating in a

powered-lift. The areas of operation

required to be performed by paragraphs

(b), (c), and (d) of this section shall be

performed as follows:

(1) Except as provided in paragraph

(g)(2) of this section, the areas of

operation must be performed in a

powered-lift of the same type for the

additional rating sought.

(2) Subject to the limitations of

paragraph (g)(3) through (g)(12) of this

section, the areas of operation may be

performed in an approved flight

simulator or an approved flight training

device that represents that powered-lift

for the additional rating sought.

(3) The use of an approved flight

simulator or an approved flight training

device permitted by paragraph (g)(2) of

this section shall be conducted in

accordance with an approved course at

a training center certificated under part

142 of this chapter.

(4) To complete all training and

testing (except preflight inspection) for

an additional powered-lift rating

without limitations when using a flight

simulator—

(i) The flight simulator must be

approved as Level C or Level D; and

(ii) The applicant must meet at least

one of the following if a type rating is

sought in a turbine powered-lift:

(A) Hold a type rating in a turbine

powered-lift or have been appointed by

a military service as a pilot in command

of a turbine powered-lift.

(B) Have at least 2,000 hours of flight

time that includes at least 500 hours in

turbine powered-lifts.

(C) Have at least 500 hours of flight

time in turbine powered-lifts.

(D) Have at least 1,000 hours of flight

time in at least two different turbine

powered-lifts.

(5) Subject to the limitation of

paragraph (g)(6) of this section, an

applicant who does not meet the

requirements of paragraph (g)(4) of this

section may complete all training and

testing (except for preflight inspection)

for an additional rating when using a

flight simulator if—

(i) The flight simulator is approved as

Level C or Level D; and

(ii) The applicant meets at least one

of the following:

(A) Holds a type rating in a turbine

powered-lift if a type rating in a turbine

powered-lift is sought; or

(B) Since the beginning of the 12th

calendar month before the month in

which the applicant completes the

practical test for an additional poweredlift rating, has logged at least 25 hours

of flight time in powered-lifts of the

same type for which the rating is sought.

(6) An applicant meeting only the

requirements of paragraph (g)(5) of this

section will be issued an additional

rating with a limitation.

(7) The limitation on a certificate

issued under the provisions of

paragraph (g)(6) of this section shall

state, ‘‘This certificate is subject to pilotin-command limitations for the

additional rating.’’

(8) An applicant who is issued a pilot

certificate with the limitation specified

in paragraph (g)(7) of this section—

(i) May not act as pilot in command

of that powered-lift for which the

additional rating was obtained under

the provisions of this section until the

limitation is removed from the pilot

certificate; and

(ii) May have the limitation removed

by accomplishing 15 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in the same type of

powered-lift to which the limitation

applies.

(9) An applicant who does not meet

the requirements of paragraph (g)(4) or

paragraph (g)(5) of this section may be

issued an additional rating after

successful completion of one of the

following requirements:

(i) Compliance with paragraphs (g)(2)

and (g)(3) of this section and the

following tasks, which must be

successfully completed on a static

powered-lift or in flight, as appropriate:

(A) Preflight inspection;

(B) Normal takeoff;

(C) Normal ILS approach;

(D) Missed approach; and

(E) Normal landing.

(ii) Compliance with paragraphs

(g)(2), (g)(3), and (g)(10) through (g)(12)

of this section.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16317

(10) An applicant meeting only the

requirements of paragraph (g)(9) of this

section will be issued an additional

rating with a limitation.

(11) The limitation on a certificate

issued under the provisions of

paragraph (g)(10) of this section shall

state, ‘‘This certificate is subject to pilotin-command limitations for the

additional rating.’’

(12) An applicant who has been

issued a pilot certificate with the

limitation specified in paragraph (g)(11)

of this section—

(i) May not act as pilot in command

of that powered-lift for which the

additional rating was obtained under

the provisions of this section until the

limitation is removed from the pilot

certificate; and

(ii) May have the limitation removed

by accomplishing 25 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in that powered-lift

of the same type as to which the

limitation applies.

(h) An applicant for a type rating who

provides an aircraft not capable of the

instrument maneuvers and procedures

required by the appropriate

requirements contained in § 61.157 of

this part for the practical test may—

(1) Obtain a type rating limited to

‘‘VFR only’’; and

(2) Remove the ‘‘VFR only’’ limitation

for each aircraft type in which the

applicant demonstrates compliance

with the appropriate instrument

requirements contained in § 61.157 or

§ 61.73 of this part.

(i) An applicant for a type rating may

be issued a certificate with the

limitation ‘‘VFR only’’ for each aircraft

type not equipped for the applicant to

show instrument proficiency.

(j) An applicant for a type rating in a

multiengine, single-pilot station

airplane may meet the requirements of

this part in a multiseat version of that

multiengine airplane.

(k) An applicant for a type rating in

a single-engine, single-pilot station

airplane may meet the requirements of

this part in a multiseat version of that

single-engine airplane.

(l) Unless the Administrator requires

certain or all tasks to be performed, the

examiner who conducts the practical

test may waive any of the tasks for

which the Administrator approves

waiver authority.

§ 61.64 [Reserved]

§ 61.65 Instrument rating requirements.

(a) General. A person who applies for

an instrument rating must:

(1) Hold at least a current private pilot

certificate with an aircraft category and

class rating that applies to the

instrument rating sought;

(2) Be able to read, speak, write, and

understand the English language. If the

applicant is unable to meet any of these

requirements due to a medical

condition, the Administrator may place

such operating limitations on the

applicant’s pilot certificate as are

necessary for the safe operation of the

aircraft;

(3) Receive and log ground training

from an authorized instructor or

accomplish a home-study course of

training on the aeronautical knowledge

areas of paragraph (b) of this section that

apply to the instrument rating sought;

(4) Receive a logbook or training

record endorsement from an authorized

instructor certifying that the person is

prepared to take the required knowledge

test;

(5) Receive and log training on the

areas of operation of paragraph (c) of

this section from an authorized

instructor in an aircraft, approved flight

simulator, or approved training device

that represents that class of aircraft for

the instrument rating sought;

(6) Receive a logbook or training

record endorsement from an authorized

instructor certifying that the person is

prepared to take the required practical

test;

(7) Pass the required knowledge test

on the aeronautical knowledge areas of

paragraph (b) of this section; however,

an applicant is not required to take

another knowledge test when that

person already holds an instrument

rating; and

(8) Pass the required practical test on

the areas of operation in paragraph (c)

of this section in—

(i) The aircraft category, class, and

type, if applicable, appropriate to the

rating sought; or

(ii) A flight simulator or a flight

training device appropriate to the rating

sought and approved for the specific

maneuver or procedure performed. If an

approved flight training device is used

for the practical test, the procedures

conducted in that flight training device

are limited to one precision and one

nonprecision approach, provided the

flight training device is approved for the

procedure performed.

(b) Aeronautical knowledge. A person

who applies for an instrument rating

must have received and logged ground

training from an authorized instructor or

accomplished a home-study course on

the following aeronautical knowledge

areas that apply to the instrument rating

sought:

(1) Federal Aviation Regulations of

this chapter that apply to flight

operations under IFR;

(2) Appropriate information that

applies to flight operations under IFR in

the ‘‘Aeronautical Information Manual;’’

(3) Air traffic control system and

procedures for instrument flight

operations;

(4) IFR navigation and approaches by

use of navigation systems;

(5) Use of IFR en route and instrument

approach procedure charts;

(6) Procurement and use of aviation

weather reports and forecasts and the

elements of forecasting weather trends

based on that information and personal

observation of weather conditions;

(7) Safe and efficient operation of

aircraft under instrument flight rules

and conditions;

(8) Recognition of critical weather

situations and windshear avoidance;

(9) Aeronautical decision making and

judgment; and

(10) Crew resource management,

including crew communication and

coordination.

(c) Flight proficiency. A person who

applies for an instrument rating must

receive and log training from an

authorized instructor in an aircraft, or in

an approved flight simulator or

approved flight training device, in

accordance with paragraph (e) of this

section, that includes the following

areas of operation:

(1) Preflight preparation;

(2) Preflight procedures;

(3) Air traffic control clearances and

procedures;

(4) Flight by reference to instruments;

(5) Navigation systems;

(6) Instrument approach procedures;

(7) Emergency operations; and

(8) Postflight procedures.

(d) Aeronautical experience. A person

who applies for an instrument rating

must have logged the following:

(1) At least 50 hours of cross-country

flight time as pilot in command, of

which at least 10 hours must be in

airplanes for an instrument—airplane

rating; and

(2) A total of 40 hours of actual or

simulated instrument time on the areas

of operation of this section, to include—

(i) At least 15 hours of instrument

flight training from an authorized

instructor in the aircraft category for

which the instrument rating is sought;

(ii) At least 3 hours of instrument

training that is appropriate to the

instrument rating sought from an

authorized instructor in preparation for

the practical test within the 60 days

preceding the date of the test;

(iii) For an instrument—airplane

rating, instrument training on cross-
16318 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

country flight procedures specific to

airplanes that includes at least one

cross-country flight in an airplane that

is performed under IFR, and consists

of—

(A) A distance of at least 250 nautical

miles along airways or ATC-directed

routing;

(B) An instrument approach at each

airport; and

(C) Three different kinds of

approaches with the use of navigation

systems;

(iv) For an instrument—helicopter

rating, instrument training specific to

helicopters on cross-country flight

procedures that includes at least one

cross-country flight in a helicopter that

is performed under IFR, and consists

of—

(A) A distance of at least 100 nautical

miles along airways or ATC-directed

routing;

(B) An instrument approach at each

airport; and

(C) Three different kinds of

approaches with the use of navigation

systems; and

(v) For an instrument—powered-lift

rating, instrument training specific to a

powered-lift on cross-country flight

procedures that includes at least one

cross-country flight in a powered-lift

that is performed under IFR and

consists of—

(A) A distance of at least 250 nautical

miles along airways or ATC-directed

routing;

(B) An instrument approach at each

airport; and

(C) Three different kinds of

approaches with the use of navigation

systems.

(e) Use of approved flight simulators

or approved flight training devices. If

the instrument training was provided by

an authorized instructor in an approved

flight simulator or an approved flight

training device—

(1) A maximum of 30 hours may be

performed in that approved flight

simulator or approved flight training

device if the training was accomplished

in accordance with part 142 of this

chapter; or

(2) A maximum of 20 hours may be

performed in that approved flight

simulator or approved flight training

device if the training was not

accomplished in accordance with part

142 of this chapter.

§ 61.67 Category II pilot authorization

requirements.

(a) General. A person who applies for

a Category II pilot authorization must

hold:

(1) At least a private or commercial

pilot certificate with an instrument

rating or an airline transport pilot

certificate;

(2) A type rating for the aircraft for

which the authorization is sought if that

aircraft requires a type rating; and

(3) A category and class rating for the

aircraft for which the authorization is

sought.

(b) Experience requirements. An

applicant for a Category II pilot

authorization must have at least—

(1) 50 hours of night flight time as

pilot in command.

(2) 75 hours of instrument time under

actual or simulated instrument

conditions that may include not more

than—

(i) A combination of 25 hours of

simulated instrument flight time in an

approved flight simulator or an

approved flight training device; or

(ii) 40 hours of simulated instrument

flight time if accomplished in an

approved course conducted by an

appropriately rated training center

certificated under part 142 of this

chapter.

(3) 250 hours of cross-country flight

time as pilot in command.

(c) Practical test requirements. (1) A

practical test must be passed by a

person who applies for—

(i) Issuance or renewal of a Category

II pilot authorization; and

(ii) The addition of another type

aircraft to the applicant’s Category II

pilot authorization.

(2) To be eligible for the practical test

for an authorization under this section,

an applicant must—

(i) Meet the requirements of

paragraphs (a) and (b) of this section;

and

(ii) If the applicant has not passed a

practical test for this authorization

during the 12 calendar months

preceding the month of the test, then

that person must—

(A) Meet the requirements of

§ 61.57(c); and

(B) Have performed at least six ILS

approaches during the 6 calendar

months preceding the month of the test,

of which at least three of the approaches

must have been conducted without the

use of an approach coupler.

(3) The approaches specified in

paragraph (c)(2)(ii)(B) of this section—

(i) Must be conducted under actual or

simulated instrument flight conditions;

(ii) Must be conducted to the

minimum decision height for the ILS

approach in the type aircraft in which

the practical test is to be conducted;

(iii) Need not be conducted to the

decision height authorized for Category

II operations;

(iv) Must be conducted to the decision

height authorized for Category II

operations only if conducted in an

approved flight simulator or an

approved flight training device; and

(v) Must be accomplished in an

aircraft of the same category and class,

and type, as applicable, as the aircraft in

which the practical test is to be

conducted or in an approved flight

simulator that—

(A) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft in which the

authorization is sought; and

(B) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(4) The flight time acquired in

meeting the requirements of paragraph

(c)(2)(ii)(B) of this section may be used

to meet the requirements of paragraph

(c)(2)(ii)(A) of this section.

(d) Practical test procedures. The

practical test consists of an oral

increment and a flight increment.

(1) Oral increment. In the oral

increment of the practical test an

applicant must demonstrate knowledge

of the following:

(i) Required landing distance;

(ii) Recognition of the decision height;

(iii) Missed approach procedures and

techniques using computed or fixed

attitude guidance displays;

(iv) Use and limitations of RVR;

(v) Use of visual clues, their

availability or limitations, and altitude

at which they are normally discernible

at reduced RVR readings;

(vi) Procedures and techniques related

to transition from nonvisual to visual

flight during a final approach under

reduced RVR;

(vii) Effects of vertical and horizontal

windshear;

(viii) Characteristics and limitations

of the ILS and runway lighting system;

(ix) Characteristics and limitations of

the flight director system, auto approach

coupler (including split axis type if

equipped), auto throttle system (if

equipped), and other required Category

II equipment;

(x) Assigned duties of the second in

command during Category II

approaches, unless the aircraft for

which authorization is sought does not

require a second in command; and

(xi) Instrument and equipment failure

warning systems.

(2) Flight increment. The following

requirements apply to the flight

increment of the practical test:

(i) The flight increment must be

conducted in an aircraft of the same

category, class, and type, as applicable,

as the aircraft in which the

authorization is sought or in an

approved flight simulator that—
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16319

(A) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft in which the

authorization is sought; and

(B) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(ii) The flight increment must consist

of at least two ILS approaches to 100

feet AGL including at least one landing

and one missed approach.

(iii) All approaches performed during

the flight increment must be made with

the use of an approved flight control

guidance system, except if an approved

auto approach coupler is installed, at

least one approach must be hand flown

using flight director commands.

(iv) If a multiengine airplane with the

performance capability to execute a

missed approach with one engine

inoperative is used for the practical test,

the flight increment must include the

performance of one missed approach

with an engine, which shall be the most

critical engine, if applicable, set at idle

or zero thrust before reaching the

middle marker.

(v) If an approved multiengine flight

simulator or approved multiengine

flight training device is used for the

practical test, the applicant must

execute a missed approach with the

most critical engine, if applicable,

failed.

(vi) For an authorization for an

aircraft that requires a type rating, the

practical test must be performed in

coordination with a second in command

who holds a type rating in the aircraft

in which the authorization is sought.

(vii) Oral questioning may be

conducted at any time during a practical

test.

§ 61.68 Category III pilot authorization

requirements.

(a) General. A person who applies for

a Category III pilot authorization must

hold:

(1) At least a private pilot certificate

or commercial pilot certificate with an

instrument rating or an airline transport

pilot certificate;

(2) A type rating for the aircraft for

which the authorization is sought if that

aircraft requires a type rating; and

(3) A category and class rating for the

aircraft for which the authorization is

sought.

(b) Experience requirements. An

applicant for a Category III pilot

authorization must have at least—

(1) 50 hours of night flight time as

pilot in command.

(2) 75 hours of instrument flight time

during actual or simulated instrument

conditions that may include not more

than—

(i) A combination of 25 hours of

simulated instrument flight time in an

approved flight simulator or an

approved flight training device; or

(ii) 40 hours of simulated instrument

flight time if accomplished in an

approved course conducted by an

appropriately rated training center

certificated under part 142 of this

chapter.

(3) 250 hours of cross-country flight

time as pilot in command.

(c) Practical test requirements. (1) A

practical test must be passed by a

person who applies for—

(i) Issuance or renewal of a Category

III pilot authorization; and

(ii) The addition of another type of

aircraft to the applicant’s Category III

pilot authorization.

(2) To be eligible for the practical test

for an authorization under this section,

an applicant must—

(i) Meet the requirements of

paragraphs (a) and (b) of this section;

and

(ii) If the applicant has not passed a

practical test for this authorization

during the 12 calendar months

preceding the month of the test, then

that person must—

(A) Meet the requirements of

§ 61.57(c); and

(B) Have performed at least six ILS

approaches during the 6 calendar

months preceding the month of the test,

of which at least three of the approaches

must have been conducted without the

use of an approach coupler.

(3) The approaches specified in

paragraph (c)(2)(ii)(B) of this section—

(i) Must be conducted under actual or

simulated instrument flight conditions;

(ii) Must be conducted to the alert

height or decision height for the ILS

approach in the type aircraft in which

the practical test is to be conducted;

(iii) Need not be conducted to the

decision height authorized for Category

III operations;

(iv) Must be conducted to the alert

height or decision height, as applicable,

authorized for Category III operations

only if conducted in an approved flight

simulator or approved flight training

device; and

(v) Must be accomplished in an

aircraft of the same category and class,

and type, as applicable, as the aircraft in

which the practical test is to be

conducted or in an approved flight

simulator that—

(A) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft for which the

authorization is sought; and

(B) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(4) The flight time acquired in

meeting the requirements of paragraph

(c)(2)(ii)(B) of this section may be used

to meet the requirements of paragraph

(c)(2)(ii)(A) of this section.

(d) Practical test procedures. The

practical test consists of an oral

increment and a flight increment.

(1) Oral increment. In the oral

increment of the practical test an

applicant must demonstrate knowledge

of the following:

(i) Required landing distance;

(ii) Determination and recognition of

the alert height or decision height, as

applicable, including use of a radar

altimeter;

(iii) Recognition of and proper

reaction to significant failures

encountered prior to and after reaching

the alert height or decision height, as

applicable;

(iv) Missed approach procedures and

techniques using computed or fixed

attitude guidance displays and expected

height loss as they relate to manual goaround or automatic go-around, and

initiation altitude, as applicable;

(v) Use and limitations of RVR,

including determination of controlling

RVR and required transmissometers;

(vi) Use, availability, or limitations of

visual cues and the altitude at which

they are normally discernible at reduced

RVR readings including—

(A) Unexpected deterioration of

conditions to less than minimum RVR

during approach, flare, and rollout;

(B) Demonstration of expected visual

references with weather at minimum

conditions;

(C) The expected sequence of visual

cues during an approach in which

visibility is at or above landing minima;

and

(D) Procedures and techniques for

making a transition from instrument

reference flight to visual flight during a

final approach under reduced RVR.

(vii) Effects of vertical and horizontal

windshear;

(viii) Characteristics and limitations

of the ILS and runway lighting system;

(ix) Characteristics and limitations of

the flight director system auto approach

coupler (including split axis type if

equipped), auto throttle system (if

equipped), and other Category III

equipment;

(x) Assigned duties of the second in

command during Category III

operations, unless the aircraft for which

authorization is sought does not require

a second in command;

(xi) Recognition of the limits of

acceptable aircraft position and flight

path tracking during approach, flare,

and, if applicable, rollout; and

(xii) Recognition of, and reaction to,

airborne or ground system faults or
16320 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

abnormalities, particularly after passing

alert height or decision height, as

applicable.

(2) Flight increment. The following

requirements apply to the flight

increment of the practical test—

(i) The flight increment may be

conducted in an aircraft of the same

category and class, and type, as

applicable, as the aircraft for which the

authorization is sought, or in an

approved flight simulator that—

(A) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft in which the

authorization is sought; and

(B) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(ii) The flight increment must consist

of at least two ILS approaches to 100

feet AGL, including one landing and

one missed approach initiated from a

very low altitude that may result in a

touchdown during the go-around

maneuver;

(iii) All approaches performed during

the flight increment must be made with

the approved automatic landing system

or an equivalent landing system

approved by the Administrator;

(iv) If a multiengine aircraft with the

performance capability to execute a

missed approach with one engine

inoperative is used for the practical test,

the flight increment must include the

performance of one missed approach

with the most critical engine, if

applicable, set at idle or zero thrust

before reaching the middle or outer

marker;

(v) If an approved multiengine flight

simulator or approved multiengine

flight training device is used, a missed

approach must be executed with an

engine, which shall be the most critical

engine, if applicable, failed;

(vi) For an authorization for an

aircraft that requires a type rating, the

practical test must be performed in

coordination with a second in command

who holds a type rating in the aircraft

in which the authorization is sought;

(vii) Oral questioning may be

conducted at any time during the

practical test;

(viii) Subject to the limitations of this

paragraph, for Category IIIb operations

predicated on the use of a fail-passive

rollout control system, at least one

manual rollout using visual reference or

a combination of visual and instrument

references must be executed. The

maneuver required by this paragraph

shall be initiated by a fail-passive

disconnect of the rollout control

system—

(A) After main gear touchdown;

(B) Prior to nose gear touchdown;

(C) In conditions representative of the

most adverse lateral touchdown

displacement allowing a safe landing on

the runway; and

(D) In weather conditions anticipated

in Category IIIb operations.

§ 61.69 Glider towing: Experience and

training requirements.

(a) No person may act as pilot in

command for towing a glider unless that

person:

(1) Holds at least a private pilot

certificate with a category rating for

powered aircraft;

(2) Has logged at least 100 hours of

pilot-in-command time in the aircraft

category, class, and type, if required,

that the pilot is using to tow a glider;

(3) Has a logbook endorsement from

an authorized instructor with a glider

rating who certifies that the person has

received ground and flight training in

gliders and is proficient in—

(i) The techniques and procedures

essential to the safe towing of gliders,

including airspeed limitations;

(ii) Emergency procedures;

(iii) Signals used; and

(iv) Maximum angles of bank.

(4) Except as provided in paragraph

(b) of this section, has logged at least

three flights as the sole manipulator of

the controls of an aircraft towing a

glider or simulating glider-towing flight

procedures while accompanied by a

pilot who meets the requirements of this

section;

(5) Except as provided in paragraph

(b) of this section, has received a

logbook endorsement from the pilot,

described in paragraph (a)(4) of this

section, certifying that the person has

accomplished at least 3 flights in an

aircraft while towing a glider, or while

simulating glider-towing flight

procedures; and

(6) Within the preceding 12 months

has—

(i) Made at least three actual glider

tows while accompanied by a qualified

pilot who meets the requirements of this

section; or

(ii) Made at least three flights as pilot

in command of a glider towed by an

aircraft.

(b) Any person who before May 17,

1967, has made and logged 10 or more

flights as pilot in command of an

aircraft towing a glider in accordance

with a certificate of waiver need not

comply with paragraphs (a)(4) and (a)(5)

of this section.

(c) The pilot, described in paragraph

(a)(4) of this section, who endorses the

logbook of a person seeking glidertowing privileges must have:

(1) Met the requirements of this

section prior to endorsing the logbook of

the person seeking glider-towing

privileges; and

(2) Logged at least 10 flights as pilot

in command of an aircraft while towing

a glider.

(d) If the pilot described in paragraph

(a)(4) of this section holds only a private

pilot certificate, then that pilot must

have:

(1) Logged at least 100 hours of pilotin-command time in airplanes, or 200

hours of pilot-in-command time in a

combination of powered and other-thanpowered aircraft; and

(2) Performed and logged at least three

flights within the 12 calendar months

preceding the month that pilot

accompanies or endorses the logbook of

a person seeking glider-towing

privileges—

(i) In an aircraft while towing a glider

accompanied by another pilot who

meets the requirements of this section;

or

(ii) As pilot in command of a glider

being towed by an aircraft.

§ 61.71 Graduates of an approved training

program other than under this part: Special

rules.

(a) A person who graduates from an

approved training program under part

141 or part 142 of this chapter is

considered to have met the applicable

aeronautical experience, aeronautical

knowledge, and areas of operation

requirements of this part if that person

presents the graduation certificate and

passes the required practical test within

the 60-day period after the date of

graduation.

(b) A person may apply for an airline

transport pilot certificate, type rating, or

both under this part, and will be

considered to have met the applicable

requirements under § 61.157 of this part

for that certificate and rating, if that

person has:

(1) Satisfactorily accomplished an

approved training program and the pilot

in command proficiency check for that

airplane type, in accordance with the

pilot in command requirements under

subparts N and O of part 121 of this

chapter; and

(2) Applied for the airline transport

pilot certificate, type rating, or both

within the 60-day period from the date

the person satisfactorily accomplished

the approved training program and pilot

in command proficiency check for that

airplane type.

§ 61.73 Military pilots or former military

pilots: Special rules.

(a) General. Except for a rated military

pilot or former rated military pilot who

has been removed from flying status for

lack of proficiency, or because of
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16321

disciplinary action involving aircraft

operations, a rated military pilot or

former rated military pilot who meets

the applicable requirements of this

section may apply, on the basis of his

or her military training, for:

(1) A commercial pilot certificate;

(2) An aircraft rating in the category

and class of aircraft for which that

military pilot is qualified;

(3) An instrument rating with the

appropriate aircraft rating for which that

military pilot is qualified; or

(4) A type rating, if appropriate.

(b) Military pilots on active flying

status within the past 12 months. A

rated military pilot or former rated

military pilot who has been on active

flying status within the 12 months

before applying must:

(1) Pass a knowledge test on the

appropriate parts of this chapter that

apply to pilot privileges and limitations,

air traffic and general operating rules,

and accident reporting rules;

(2) Present documentation showing

compliance with the requirements of

paragraph (d) of this section for at least

one aircraft category rating; and

(3) Present documentation showing

that the applicant is or was, at any time

during the 12 calendar months before

the month of application—

(i) A rated military pilot on active

flying status in an armed force of the

United States; or

(ii) A rated military pilot of an armed

force of a foreign contracting State to the

Convention on International Civil

Aviation, assigned to pilot duties (other

than flight training) with an armed force

of the United States and holds, at the

time of application, a current civil pilot

license issued by that contracting State

authorizing at least the privileges of the

pilot certificate sought.

(c) Military pilots not on active flying

status during the 12 calendar months

before the month of application. A rated

military pilot or former rated military

pilot who has not been on active flying

status within the 12 calendar months

before the month of application must:

(1) Pass the appropriate knowledge

and practical tests prescribed in this

part for the certificate or rating sought;

and

(2) Present documentation showing

that the applicant was or is, within the

12 calendar months before the month of

application, a rated military pilot as

prescribed by paragraph (b)(3) of this

section.

(d) Aircraft category, class, and type

ratings. A rated military pilot or former

rated military pilot who applies for an

aircraft category, class, or type rating, if

applicable, is issued that rating at the

commercial pilot certificate level if the

pilot presents documentary evidence

that shows satisfactory accomplishment

of:

(1) An official U.S. military pilot

check and instrument proficiency check

in that aircraft category, class, or type,

if applicable, as pilot in command

during the 12 calendar months before

the month of application;

(2) At least 10 hours of pilot-incommand time in that aircraft category,

class, or type, if applicable, during the

12 calendar months before the month of

application; or

(3) An FAA practical test in that

aircraft after—

(i) Meeting the requirements of

paragraphs (b)(1) and (b)(2) of this

section; and

(ii) Having received an endorsement

from an authorized instructor who

certifies that the pilot is proficient to

take the required practical test, and that

endorsement is made within the 60-day

period preceding the date of the

practical test.

(e) Instrument rating. A rated military

pilot or former rated military pilot who

applies for an airplane instrument

rating, a helicopter instrument rating, or

a powered-lift instrument rating to be

added to his or her commercial pilot

certificate may apply for an instrument

rating if the pilot has, within the 12

calendar months preceding the month of

application:

(1) Passed an instrument proficiency

check by a U.S. Armed Force in the

aircraft category for the instrument

rating sought; and

(2) Received authorization from a U.S.

Armed Force to conduct IFR flights on

Federal airways in that aircraft category

and class for the instrument rating

sought.

(f) Aircraft type rating. An aircraft

type rating is issued only for aircraft

types that the Administrator has

certificated for civil operations.

(g) Aircraft type rating placed on an

airline transport pilot certificate. A

rated military pilot or former rated

military pilot who holds an airline

transport pilot certificate and who

requests an aircraft type rating to be

placed on that person’s airline transport

pilot certificate may be issued that

aircraft type rating at the airline

transport pilot certificate level, provided

that person:

(1) Holds a category and class rating

for that type of aircraft at the airline

transport pilot certificate level; and

(2) Passed an official U.S. military

pilot check and instrument proficiency

check in that type of aircraft as pilot in

command during the 12 calendar

months before the month of application.

(h) Evidentiary documents. The

following documents are satisfactory

evidence for the purposes indicated:

(1) An official identification card

issued to the pilot by an armed force

may be used to demonstrate

membership in the armed forces.

(2) An original or a copy of a

certificate of discharge or release may be

used to demonstrate discharge or release

from an armed force or former

membership in an armed force.

(3) Current or previous status as a

rated military pilot with a U.S. Armed

Force may be demonstrated by—

(i) An official U.S. Armed Force order

to flight status as a military pilot;

(ii) An official U.S. Armed Force form

or logbook showing military pilot status;

or

(iii) An official order showing that the

rated military pilot graduated from a

U.S. military pilot school and received

a rating as a military pilot.

(4) A certified U.S. Armed Force

logbook or an appropriate official U.S.

Armed Force form or summary may be

used to demonstrate flight time in

military aircraft as a member of a U.S.

Armed Force.

(5) An official U.S. Armed Force

record of a military checkout as pilot in

command may be used to demonstrate

pilot in command status.

(6) A current instrument grade slip

that is issued by a U.S. Armed Force, or

an official record of satisfactory

accomplishment of an instrument

proficiency check during the 12

calendar months preceding the month of

the application may be used to

demonstrate instrument pilot

qualification.

§ 61.75 Private pilot certificate issued on

the basis of a foreign pilot license.

(a) General. A person who holds a

current foreign pilot license issued by a

contracting State to the Convention on

International Civil Aviation may apply

for and be issued a private pilot

certificate with the appropriate ratings

when the application is based on the

foreign pilot license that meets the

requirements of this section.

(b) Certificate issued. A U.S. private

pilot certificate that is issued under this

section shall specify the person’s foreign

license number and country of issuance.

A person who holds a current foreign

pilot license issued by a contracting

State to the Convention on International

Civil Aviation may be issued a private

pilot certificate based on the foreign

pilot license without any further

showing of proficiency, provided the

applicant:

(1) Meets the requirements of this

section;
16322 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(2) Holds a foreign pilot license that—

(i) Is not under an order of revocation

or suspension by the foreign country

that issued the foreign pilot license; and

(ii) Does not contain an endorsement

stating that the applicant has not met all

of the standards of ICAO for that

license;

(3) Does not currently hold a U.S.

pilot certificate;

(4) Holds a current medical certificate

issued under part 67 of this chapter or

a current medical certificate issued by

the country that issued the person’s

foreign pilot license; and

(5) Is able to read, speak, write, and

understand the English language. If the

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

pilot certificate as are necessary for the

safe operation of the aircraft.

(c) Aircraft ratings issued. Aircraft

ratings listed on a person’s foreign pilot

license, in addition to any issued after

testing under the provisions of this part,

may be placed on that person’s U.S.

pilot certificate.

(d) Instrument ratings issued. A

person who holds an instrument rating

on the foreign pilot license issued by a

contracting State to the Convention on

International Civil Aviation may be

issued an instrument rating on a U.S.

private pilot certificate provided:

(1) The person’s foreign pilot license

authorizes instrument privileges;

(2) Within 24 months preceding the

month in which the person applies for

the instrument rating, the person passes

the appropriate knowledge test; and

(3) The person is able to read, speak,

write, and understand the English

language. If the applicant is unable to

meet one of these requirements due to

medical reasons, then the Administrator

may place such operating limitations on

that applicant’s pilot certificate as are

necessary for the safe operation of the

aircraft.

(e) Operating privileges and

limitations. A person who receives a

U.S. private pilot certificate that has

been issued under the provisions of this

section:

(1) May act as a pilot of a civil aircraft

of U.S. registry in accordance with the

private pilot privileges authorized by

this part;

(2) Is limited to the privileges placed

on the certificate by the Administrator;

(3) Is subject to the limitations and

restrictions on the person’s U.S.

certificate and foreign pilot license

when exercising the privileges of that

U.S. pilot certificate in an aircraft of

U.S. registry operating within or outside

the United States; and

(4) Shall not exercise the privileges of

that U.S. private pilot certificate when

the person’s foreign pilot license has

been revoked or suspended.

(f) Limitation on licenses used as the

basis for a U.S. certificate. Only one

foreign pilot license may be used as a

basis for issuing a U.S. private pilot

certificate. The foreign pilot license and

medical certification used as a basis for

issuing a U.S. private pilot certificate

under this section must be in the

English language or accompanied by an

English language transcription that has

been signed by an official or

representative of the foreign aviation

authority that issued the foreign pilot

license.

(g) Limitation placed on a U.S. private

pilot certificate. A U.S. private pilot

certificate issued under this section is

valid only when the holder has the

foreign pilot license upon which the

issuance of the U.S. private pilot

certificate was based in the holder’s

personal possession or readily

accessible in the aircraft.

§ 61.77 Special purpose pilot

authorization: Operation of U.S.-registered

civil aircraft leased by a person who is not

a U.S. citizen.

(a) General. After meeting the

requirements of this section, a holder of

a foreign pilot license issued by a

contracting State to the Convention on

International Civil Aviation may be

issued a special purpose pilot

authorization by the Administrator for

the purpose of performing pilot duties:

(1) On a civil aircraft of U.S. registry

that is leased to a person who is not a

citizen of the United States; and

(2) For carrying persons or property

for compensation or hire on that aircraft.

(b) Eligibility. To be eligible for the

issuance or renewal of a special purpose

pilot authorization, a person must:

(1) Hold a current foreign pilot license

that has been issued by the aeronautical

authority of a contracting State to the

Convention on International Civil

Aviation from which the person holds

citizenship or resident status;

(2) Hold a foreign pilot license that

contains the appropriate aircraft

category, class, instrument rating, and

type rating, if appropriate, for the

aircraft to be flown;

(3) Meet the medical standards for the

issuance of the foreign pilot license

from the aeronautical authority of the

contracting State to the Convention on

International Civil Aviation where the

person holds citizenship or resident

status;

(4) Must not already hold a special

purpose pilot authorization, but if the

person already holds a special purpose

pilot authorization, then that special

purpose pilot authorization must either

be surrendered to the FAA Flight

Standards District Office that issued it,

or to the FAA Flight Standards District

Office processing the application for the

authorization prior to being issued

another special purpose pilot

authorization;

(5) Meet the currency requirements of

this part and present a logbook or flight

record showing compliance with the

currency requirements of this part;

(6) Show when the person will reach

the age of 60 years by providing an

official copy of the applicant’s birth

certificate or other official

documentation; and

(7) Present a copy of the foreign pilot

license and a letter to an FAA Flight

Standards District Office from the lessee

of the aircraft that—

(i) Acknowledges the person is

employed by the lessee;

(ii) Specifies the aircraft type in

which the person will be performing

pilot duties; and

(iii) States that the person is currently

qualified to exercise the privileges listed

on that person’s pilot license for the

aircraft to be flown, and that the person

has satisfactorily accomplished the

applicable ground and flight training in

the aircraft type in which the person

will be performing pilot duties.

(c) Privileges. A person issued a

special purpose pilot authorization

under this section:

(1) May exercise the privileges

prescribed on the special purpose pilot

authorization; and

(2) Must comply with the limitations

specified in this section and any

additional limitations specified on the

special purpose pilot authorization.

(d) General limitations. A person

exercising the privileges of a special

purpose pilot authorization:

(1) May apply for a 60-calendarmonth extension of that authorization,

provided the person—

(i) Continues to meet the requirements

of this section; and

(ii) Surrenders the expired special

purpose pilot authorization upon

receipt of the new authorization.

(2) Holds only one special purpose

pilot authorization;

(3) Conducts any flight between

foreign countries in foreign air

commerce within the time period

allotted on the authorization; and

(4) Has the foreign pilot license and

special purpose pilot authorization in

his or her physical possession or

immediately accessible in the aircraft,

while exercising the privileges of that

special purpose pilot authorization.

(e) Age limitation. Except as provided

in paragraph (g) of this section, no
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16323

person who holds a special purpose

pilot authorization issued under this

part, and no person who holds a special

purpose pilot certificate issued under

this part before August 4, 1997, shall

serve as a pilot on a civil airplane of

U.S. registry if the person has reached

his or her 60th birthday, in the

following operations:

(1) Scheduled international air

services carrying passengers in turbojetpowered airplanes;

(2) Scheduled international air

services carrying passengers in airplanes

having a passenger-seat configuration of

more than nine passenger seats,

excluding each crewmember seat;

(3) Nonscheduled international air

transportation for compensation or hire

in airplanes having a passenger-seat

configuration of more than 30 passenger

seats, excluding each crewmember seat;

or

(4) Scheduled international air

services, or nonscheduled international

air transportation for compensation or

hire, in airplanes having a payload

capacity of more than 7,500 pounds.

(f) Definitions. (1) ‘‘International air

service,’’ as used in paragraph (e) of this

section, means scheduled air service

performed in airplanes for the public

transport of passengers, mail, or cargo,

in which the service passes through the

air space over the territory of more than

one country.

(2) ‘‘International air transportation,’’

as used in paragraph (e) of this section,

means air transportation performed in

airplanes for the public transport of

passengers, mail, or cargo, in which

service passes through the air space over

the territory of more than one country.

(g) Delayed pilot age limitations for

certain operations. Until December 20,

1999, a person may serve as a pilot in

the operations specified in paragraph (e)

of this section after that person has

reached his or her 60th birthday, if, on

March 20, 1997, that person was

employed as a pilot in any of these

operations:

(1) Scheduled international air

services carrying passengers in

nontransport category turbopropellerpowered airplanes type certificated after

December 31, 1964, that have a

passenger seat configuration of 10 to 19

seats;

(2) Scheduled international air

services carrying passengers in transport

category turbopropeller-powered

airplanes that have a passenger seat

configuration of 20 to 30 seats; or

(3) Scheduled international air

services carrying passengers in turbojetpowered airplanes having a passenger

seat configuration of 1 to 30 seats.

(h) Expiration date. Each special

purpose pilot authorization issued

under this section expires:

(1) 60 calendar months from the

month it was issued, unless sooner

suspended or revoked;

(2) When the lease agreement for the

aircraft expires or the lessee terminates

the employment of the person who

holds the special purpose pilot

authorization;

(3) Whenever the person’s foreign

pilot license has been suspended,

revoked, or is no longer valid; or

(4) When the person no longer meets

the medical standards for the issuance

of the foreign pilot license.

Subpart C—Student Pilots

§ 61.81 Applicability.

This subpart prescribes the

requirements for the issuance of student

pilot certificates, the conditions under

which those certificates are necessary,

and the general operating rules and

limitations for the holders of those

certificates.

§ 61.83 Eligibility requirements for student

pilots.

To be eligible for a student pilot

certificate, an applicant must:

(a) Be at least 16 years of age for other

than the operation of a glider or balloon.

(b) Be at least 14 years of age for the

operation of a glider or balloon.

(c) Be able to read, speak, write, and

understand the English language. If the

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

pilot certificate as are necessary for the

safe operation of the aircraft.

§ 61.85 Application.

An application for a student pilot

certificate is made on a form and in a

manner provided by the Administrator

and is submitted to:

(a) A designated aviation medical

examiner if applying for an FAA

medical certificate under part 67 of this

chapter;

(b) An examiner; or

(c) A Flight Standards District Office.

§ 61.87 Solo requirements for student

pilots.

(a) General. A student pilot may not

operate an aircraft in solo flight unless

that student has met the requirements of

this section. The term ‘‘solo flight,’’ as

used in this subpart, means that flight

time during which a student pilot is the

sole occupant of the aircraft, or that

flight time during which the student

acts as a pilot in command of a gas

balloon or an airship requiring more

than one flight crewmember.

(b) Aeronautical knowledge. A

student pilot must demonstrate

satisfactory aeronautical knowledge on a

knowledge test that meets the

requirements of this paragraph:

(1) The test must address the student

pilot’s knowledge of—

(i) Applicable sections of parts 61 and

91 of this chapter;

(ii) Airspace rules and procedures for

the airport where the solo flight will be

performed; and

(iii) Flight characteristics and

operational limitations for the make and

model of aircraft to be flown.

(2) The student’s authorized

instructor must—

(i) Administer the test; and

(ii) At the conclusion of the test,

review all incorrect answers with the

student before authorizing that student

to conduct a solo flight.

(c) Pre-solo flight training. Prior to

conducting a solo flight, a student pilot

must have:

(1) Received and logged flight training

for the maneuvers and procedures of

this section that are appropriate to the

make and model of aircraft to be flown;

and

(2) Demonstrated satisfactory

proficiency and safety, as judged by an

authorized instructor, on the maneuvers

and procedures required by this section

in the make and model of aircraft or

similar make and model of aircraft to be

flown.

(d) Maneuvers and procedures for presolo flight training in a single-engine

airplane. A student pilot who is

receiving training for a single-engine

airplane rating must receive and log

flight training for the following

maneuvers and procedures:

(1) Proper flight preparation

procedures, including preflight

planning and preparation, powerplant

operation, and aircraft systems;

(2) Taxiing or surface operations,

including runups;

(3) Takeoffs and landings, including

normal and crosswind;

(4) Straight and level flight, and turns

in both directions;

(5) Climbs and climbing turns;

(6) Airport traffic patterns, including

entry and departure procedures;

(7) Collision avoidance, windshear

avoidance, and wake turbulence

avoidance;

(8) Descents, with and without turns,

using high and low drag configurations;

(9) Flight at various airspeeds from

cruise to slow flight;

(10) Stall entries from various flight

attitudes and power combinations with

recovery initiated at the first indication

of a stall, and recovery from a full stall;

(11) Emergency procedures and

equipment malfunctions;
16324 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(12) Ground reference maneuvers;

(13) Approaches to a landing area

with simulated engine malfunctions;

(14) Slips to a landing; and

(15) Go-arounds.

(e) Maneuvers and procedures for presolo flight training in a multiengine

airplane. A student pilot who is

receiving training for a multiengine

airplane rating must receive and log

flight training for the following

maneuvers and procedures:

(1) Proper flight preparation

procedures, including preflight

planning and preparation, powerplant

operation, and aircraft systems;

(2) Taxiing or surface operations,

including runups;

(3) Takeoffs and landings, including

normal and crosswind;

(4) Straight and level flight, and turns

in both directions;

(5) Climbs and climbing turns;

(6) Airport traffic patterns, including

entry and departure procedures;

(7) Collision avoidance, windshear

avoidance, and wake turbulence

avoidance;

(8) Descents, with and without turns,

using high and low drag configurations;

(9) Flight at various airspeeds from

cruise to slow flight;

(10) Stall entries from various flight

attitudes and power combinations with

recovery initiated at the first indication

of a stall, and recovery from a full stall;

(11) Emergency procedures and

equipment malfunctions;

(12) Ground reference maneuvers;

(13) Approaches to a landing area

with simulated engine malfunctions;

and

(14) Go-arounds.

(f) Maneuvers and procedures for presolo flight training in a helicopter. A

student pilot who is receiving training

for a helicopter rating must receive and

log flight training for the following

maneuvers and procedures:

(1) Proper flight preparation

procedures, including preflight

planning and preparation, powerplant

operation, and aircraft systems;

(2) Taxiing or surface operations,

including runups;

(3) Takeoffs and landings, including

normal and crosswind;

(4) Straight and level flight, and turns

in both directions;

(5) Climbs and climbing turns;

(6) Airport traffic patterns, including

entry and departure procedures;

(7) Collision avoidance, windshear

avoidance, and wake turbulence

avoidance;

(8) Descents with and without turns;

(9) Flight at various airspeeds;

(10) Emergency procedures and

equipment malfunctions;

(11) Ground reference maneuvers;

(12) Approaches to the landing area;

(13) Hovering and hovering turns;

(14) Go-arounds;

(15) Simulated emergency procedures,

including autorotational descents with a

power recovery and power recovery to

a hover;

(16) Rapid decelerations; and

(17) Simulated one-engine-inoperative

approaches and landings for

multiengine helicopters.

(g) Maneuvers and procedures for presolo flight training in a gyroplane. A

student pilot who is receiving training

for a gyroplane rating must receive and

log flight training for the following

maneuvers and procedures:

(1) Proper flight preparation

procedures, including preflight

planning and preparation, powerplant

operation, and aircraft systems;

(2) Taxiing or surface operations,

including runups;

(3) Takeoffs and landings, including

normal and crosswind;

(4) Straight and level flight, and turns

in both directions;

(5) Climbs and climbing turns;

(6) Airport traffic patterns, including

entry and departure procedures;

(7) Collision avoidance, windshear

avoidance, and wake turbulence

avoidance;

(8) Descents with and without turns;

(9) Flight at various airspeeds;

(10) Emergency procedures and

equipment malfunctions;

(11) Ground reference maneuvers;

(12) Approaches to the landing area;

(13) High rates of descent with power

on and with simulated power off, and

recovery from those flight

configurations;

(14) Go-arounds; and

(15) Simulated emergency procedures,

including simulated power-off landings

and simulated power failure during

departures.

(h) Maneuvers and procedures for presolo flight training in a powered-lift. A

student pilot who is receiving training

for a powered-lift rating must receive

and log flight training in the following

maneuvers and procedures:

(1) Proper flight preparation

procedures, including preflight

planning and preparation, powerplant

operation, and aircraft systems;

(2) Taxiing or surface operations,

including runups;

(3) Takeoffs and landings, including

normal and crosswind;

(4) Straight and level flight, and turns

in both directions;

(5) Climbs and climbing turns;

(6) Airport traffic patterns, including

entry and departure procedures;

(7) Collision avoidance, windshear

avoidance, and wake turbulence

avoidance;

(8) Descents with and without turns;

(9) Flight at various airspeeds from

cruise to slow flight;

(10) Stall entries from various flight

attitudes and power combinations with

recovery initiated at the first indication

of a stall, and recovery from a full stall;

(11) Emergency procedures and

equipment malfunctions;

(12) Ground reference maneuvers;

(13) Approaches to a landing with

simulated engine malfunctions;

(14) Go-arounds;

(15) Approaches to the landing area;

(16) Hovering and hovering turns; and

(17) For multiengine powered-lifts,

simulated one-engine-inoperative

approaches and landings.

(i) Maneuvers and procedures for presolo flight training in a glider. A student

pilot who is receiving training for a

glider rating must receive and log flight

training for the following maneuvers

and procedures:

(1) Proper flight preparation

procedures, including preflight

planning, preparation, aircraft systems,

and, if appropriate, powerplant

operations;

(2) Taxiing or surface operations,

including runups, if applicable;

(3) Launches, including normal and

crosswind;

(4) Straight and level flight, and turns

in both directions;

(5) Airport traffic patterns, including

entry procedures;

(6) Collision avoidance, windshear

avoidance, and wake turbulence

avoidance;

(7) Descents with and without turns

using high and low drag configurations;

(8) Flight at various airspeeds;

(9) Emergency procedures and

equipment malfunctions;

(10) Ground reference maneuvers;

(11) Inspection of towline rigging and

review of signals and release

procedures;

(12) Aerotow, ground tow, or selflaunch procedures;

(13) Procedures for disassembly and

assembly of the glider;

(14) Stall entry, stall, and stall

recovery;

(15) Straight glides, turns, and spirals;

(16) Landings, including normal and

crosswind;

(17) Slips to a landing;

(18) Procedures and techniques for

thermalling; and

(19) Emergency operations, including

towline break procedures.

(j) Maneuvers and procedures for presolo flight training in an airship. A

student pilot who is receiving training

for an airship rating must receive and

log flight training for the following

maneuvers and procedures:
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16325

(1) Proper flight preparation

procedures, including preflight

planning and preparation, powerplant

operation, and aircraft systems;

(2) Taxiing or surface operations,

including runups;

(3) Takeoffs and landings, including

normal and crosswind;

(4) Straight and level flight, and turns

in both directions;

(5) Climbs and climbing turns;

(6) Airport traffic patterns, including

entry and departure procedures;

(7) Collision avoidance, windshear

avoidance, and wake turbulence

avoidance;

(8) Descents with and without turns;

(9) Flight at various airspeeds from

cruise to slow flight;

(10) Emergency procedures and

equipment malfunctions;

(11) Ground reference maneuvers;

(12) Rigging, ballasting, and

controlling pressure in the ballonets,

and superheating; and

(13) Landings with positive and with

negative static trim.

(k) Maneuvers and procedures for presolo flight training in a balloon. A

student pilot who is receiving training

in a balloon must receive and log flight

training for the following maneuvers

and procedures:

(1) Layout and assembly procedures;

(2) Proper flight preparation

procedures, including preflight

planning and preparation, and aircraft

systems;

(3) Ascents and descents;

(4) Landing and recovery procedures;

(5) Emergency procedures and

equipment malfunctions;

(6) Operation of hot air or gas source,

ballast, valves, vents, and rip panels, as

appropriate;

(7) Use of deflation valves or rip

panels for simulating an emergency;

(8) The effects of wind on climb and

approach angles; and

(9) Obstruction detection and

avoidance techniques.

(l) Limitations on student pilots

operating an aircraft in solo flight. A

student pilot may not operate an aircraft

in solo flight unless that student pilot

has received:

(1) An endorsement from an

authorized instructor on his or her

student pilot certificate for the specific

make and model aircraft to be flown;

and

(2) An endorsement in the student’s

logbook for the specific make and model

aircraft to be flown by an authorized

instructor, who gave the training within

the 90 days preceding the date of the

flight.

(m) Limitations on student pilots

operating an aircraft in solo flight at

night. A student pilot may not operate

an aircraft in solo flight at night unless

that student pilot has received:

(1) Flight training at night on night

flying procedures that includes takeoffs,

approaches, landings, and go-arounds at

night at the airport where the solo flight

will be conducted;

(2) Navigation training at night in the

vicinity of the airport where the solo

flight will be conducted;

(3) An endorsement from an

authorized instructor in the student’s

logbook for the specific make and model

aircraft to be flown for night solo flight;

and

(4) An endorsement in the student’s

logbook for the specific make and model

aircraft to be flown for night solo flight

by an authorized instructor who gave

the training within the 90-day period

preceding the date of the flight.

(n) Limitations on flight instructors

authorizing solo flight. (1) No instructor

may authorize a student pilot to perform

a solo flight unless that instructor has—

(i) Given that student pilot training in

the make and model of aircraft or a

similar make and model of aircraft in

which the solo flight is to be flown;

(ii) Determined the student pilot is

proficient in the maneuvers and

procedures prescribed in this section;

(iii) Determined the student pilot is

proficient in the make and model of

aircraft to be flown;

(iv) Ensured that the student pilot’s

certificate has been endorsed by an

instructor authorized to provide flight

training for the specific make and model

aircraft to be flown; and

(v) Endorsed the student pilot’s

logbook for the specific make and model

aircraft to be flown, and that

endorsement remains current for solo

flight privileges, provided an authorized

instructor updates the student’s logbook

every 90 days thereafter.

(2) The flight training required by this

section must be given by an instructor

authorized to provide flight training

who is appropriately rated and current.

§ 61.89 General limitations.

(a) A student pilot may not act as pilot

in command of an aircraft:

(1) That is carrying a passenger;

(2) That is carrying property for

compensation or hire;

(3) For compensation or hire;

(4) In furtherance of a business;

(5) On an international flight, except

that a student pilot may make solo

training flights from Haines, Gustavus,

or Juneau, Alaska, to White Horse,

Yukon, Canada, and return over the

province of British Columbia;

(6) With a flight or surface visibility

of less than 3 statute miles during

daylight hours or 5 statute miles at

night;

(7) When the flight cannot be made

with visual reference to the surface; or

(8) In a manner contrary to any

limitations placed in the pilot’s logbook

by an authorized instructor.

(b) A student pilot may not act as a

required pilot flight crewmember on any

aircraft for which more than one pilot is

required by the type certificate of the

aircraft or regulations under which the

flight is conducted, except when

receiving flight training from an

authorized instructor on board an

airship, and no person other than a

required flight crewmember is carried

on the aircraft.

§ 61.91 [Reserved]

§ 61.93 Solo cross-country flight

requirements.

(a) General. (1) Except as provided in

paragraph (b) of this section, a student

pilot must meet the requirements of this

section before—

(i) Conducting a solo cross-country

flight, or any flight greater than 25

nautical miles from the airport from

where the flight originated.

(ii) Making a solo flight and landing

at any location other than the airport of

origination.

(2) Except as provided in paragraph

(b) of this section, a student pilot who

seeks solo cross-country flight privileges

must:

(i) Have received flight training from

an instructor authorized to provide

flight training on the maneuvers and

procedures of this section that are

appropriate to the make and model of

aircraft for which solo cross-country

privileges are sought;

(ii) Have demonstrated cross-country

proficiency on the appropriate

maneuvers and procedures of this

section to an authorized instructor;

(iii) Have satisfactorily accomplished

the pre-solo flight maneuvers and

procedures required by § 61.87 of this

part in the make and model of aircraft

or similar make and model of aircraft for

which solo cross-country privileges are

sought; and

(iv) Comply with any limitations

included in the instructor’s

endorsement that are required by

paragraph (c) of this section.

(3) A student pilot who seeks solo

cross-country flight privileges must

have received ground and flight training

from an authorized instructor on the

cross-country maneuvers and

procedures listed in this section that are

appropriate to the aircraft to be flown.

(b) Authorization to perform certain

solo flights and cross-country flights. A
16326 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

student pilot must obtain an

endorsement from an authorized

instructor to make solo flights from the

airport where the student pilot normally

receives training to another location. A

student pilot who receives this

endorsement must comply with the

requirements of this paragraph.

(1) Solo flights may be made to

another airport that is within 25

nautical miles from the airport where

the student pilot normally receives

training, provided—

(i) An authorized instructor has given

the student pilot flight training at the

other airport, and that training includes

flight in both directions over the route,

entering and exiting the traffic pattern,

and takeoffs and landings at the other

airport;

(ii) The instructor who gave the

training endorses the student pilot’s

logbook authorizing the flight;

(iii) The student pilot has current solo

flight endorsements in accordance with

§ 61.87 of this part;

(iv) The instructor has determined

that the student pilot is proficient to

make the flight; and

(v) The purpose of the flight is to

practice takeoffs and landings at that

other airport.

(2) Repeated specific solo crosscountry flights may be made to another

airport that is within 50 nautical miles

of the airport from which the flight

originated, provided—

(i) The authorized instructor has given

the student flight training in both

directions over the route, including

entering and exiting the traffic patterns,

takeoffs, and landings at the airports to

be used;

(ii) The instructor who gave the

training has endorsed the student’s

logbook certifying that the student is

proficient to make such flights;

(iii) The student has current solo

flight endorsements in accordance with

§ 61.87 of this part; and

(iv) The student has current solo

cross-country flight endorsements in

accordance with paragraph (c) of this

section; however, for repeated solo

cross-country flights to another airport

within 50 nautical miles from which the

flight originated, separate endorsements

are not required to be made for each

flight.

(c) Endorsements for solo crosscountry flights. Except as specified in

paragraph (b)(2) of this section, a

student pilot must have the

endorsements prescribed in this

paragraph for each cross-country flight:

(1) Student pilot certificate

endorsement. A student pilot must have

a solo cross-country endorsement from

the authorized instructor who

conducted the training, and that

endorsement must be placed on that

person’s student pilot certificate for the

specific category of aircraft to be flown.

(2) Logbook endorsement. (i) A

student pilot must have a solo crosscountry endorsement from an

authorized instructor that is placed in

the student pilot’s logbook for the

specific make and model of aircraft to be

flown.

(ii) A certificated pilot who is

receiving training for an additional

aircraft category and class rating must

have an endorsement from an

authorized instructor that is placed in

the student pilot’s logbook for the

specific make and model of aircraft to be

flown.

(iii) For each cross-country flight, the

authorized instructor who reviews the

cross-country planning must make an

endorsement in the person’s logbook

after reviewing that person’s crosscountry planning, as specified in

paragraph (d) of this section. The

endorsement must—

(A) Specify the make and model of

aircraft to be flown;

(B) State that the student’s preflight

planning and preparation is correct and

that the student is prepared to make the

flight safely under the known

conditions; and

(C) State that any limitations required

by the student’s instructor are met.

(d) Limitations on authorized

instructors to permit solo cross-country

flights. An authorized instructor may

not permit a student pilot to conduct a

solo cross-country flight unless that

instructor has:

(1) Determined that the student’s

cross-country planning is correct for the

flight;

(2) Reviewed the current and forecast

weather conditions and has determined

that the flight can be completed under

VFR;

(3) Determined that the student is

proficient to conduct the flight safely;

(4) Determined that the student has

the appropriate solo cross-country

endorsement for the make and model of

aircraft to be flown; and

(5) Determined that the student’s solo

flight endorsement is current for the

make and model aircraft to be flown.

(e) Maneuvers and procedures for

cross-country flight training in a singleengine airplane. A student pilot who is

receiving training for cross-country

flight in a single-engine airplane must

receive and log flight training in the

following maneuvers and procedures:

(1) Use of aeronautical charts for VFR

navigation using pilotage and dead

reckoning with the aid of a magnetic

compass;

(2) Use of aircraft performance charts

pertaining to cross-country flight;

(3) Procurement and analysis of

aeronautical weather reports and

forecasts, including recognition of

critical weather situations and

estimating visibility while in flight;

(4) Emergency procedures;

(5) Traffic pattern procedures that

include area departure, area arrival,

entry into the traffic pattern, and

approach;

(6) Procedures and operating practices

for collision avoidance, wake turbulence

precautions, and windshear avoidance;

(7) Recognition, avoidance, and

operational restrictions of hazardous

terrain features in the geographical area

where the cross-country flight will be

flown;

(8) Procedures for operating the

instruments and equipment installed in

the aircraft to be flown, including

recognition and use of the proper

operational procedures and indications;

(9) Use of radios for VFR navigation

and two-way communications;

(10) Takeoff, approach, and landing

procedures, including short-field, softfield, and crosswind takeoffs,

approaches, and landings;

(11) Climbs at best angle and best rate;

and

(12) Control and maneuvering solely

by reference to flight instruments,

including straight and level flight, turns,

descents, climbs, use of radio aids, and

ATC directives.

(f) Maneuvers and procedures for

cross-country flight training in a

multiengine airplane. A student pilot

who is receiving training for crosscountry flight in a multiengine airplane

must receive and log flight training in

the following maneuvers and

procedures:

(1) Use of aeronautical charts for VFR

navigation using pilotage and dead

reckoning with the aid of a magnetic

compass;

(2) Use of aircraft performance charts

pertaining to cross-country flight;

(3) Procurement and analysis of

aeronautical weather reports and

forecasts, including recognition of

critical weather situations and

estimating visibility while in flight;

(4) Emergency procedures;

(5) Traffic pattern procedures that

include area departure, area arrival,

entry into the traffic pattern, and

approach;

(6) Procedures and operating practices

for collision avoidance, wake turbulence

precautions, and windshear avoidance;

(7) Recognition, avoidance, and

operational restrictions of hazardous

terrain features in the geographical area

where the cross-country flight will be

flown;
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16327

(8) Procedures for operating the

instruments and equipment installed in

the aircraft to be flown, including

recognition and use of the proper

operational procedures and indications;

(9) Use of radios for VFR navigation

and two-way communications;

(10) Takeoff, approach, and landing

procedures, including short-field, softfield, and crosswind takeoffs,

approaches, and landings;

(11) Climbs at best angle and best rate;

and

(12) Control and maneuvering solely

by reference to flight instruments,

including straight and level flight, turns,

descents, climbs, use of radio aids, and

ATC directives.

(g) Maneuvers and procedures for

cross-country flight training in a

helicopter. A student pilot who is

receiving training for cross-country

flight in a helicopter must receive and

log flight training for the following

maneuvers and procedures:

(1) Use of aeronautical charts for VFR

navigation using pilotage and dead

reckoning with the aid of a magnetic

compass;

(2) Use of aircraft performance charts

pertaining to cross-country flight;

(3) Procurement and analysis of

aeronautical weather reports and

forecasts, including recognition of

critical weather situations and

estimating visibility while in flight;

(4) Emergency procedures;

(5) Traffic pattern procedures that

include area departure, area arrival,

entry into the traffic pattern, and

approach;

(6) Procedures and operating practices

for collision avoidance, wake turbulence

precautions, and windshear avoidance;

(7) Recognition, avoidance, and

operational restrictions of hazardous

terrain features in the geographical area

where the cross-country flight will be

flown;

(8) Procedures for operating the

instruments and equipment installed in

the aircraft to be flown, including

recognition and use of the proper

operational procedures and indications;

(9) Use of radios for VFR navigation

and two-way communications; and

(10) Takeoff, approach, and landing

procedures.

(h) Maneuvers and procedures for

cross-country flight training in a

gyroplane. A student pilot who is

receiving training for cross-country

flight in a gyroplane must receive and

log flight training in the following

maneuvers and procedures:

(1) Use of aeronautical charts for VFR

navigation using pilotage and dead

reckoning with the aid of a magnetic

compass;

(2) Use of aircraft performance charts

pertaining to cross-country flight;

(3) Procurement and analysis of

aeronautical weather reports and

forecasts, including recognition of

critical weather situations and

estimating visibility while in flight;

(4) Emergency procedures;

(5) Traffic pattern procedures that

include area departure, area arrival,

entry into the traffic pattern, and

approach;

(6) Procedures and operating practices

for collision avoidance, wake turbulence

precautions, and windshear avoidance;

(7) Recognition, avoidance, and

operational restrictions of hazardous

terrain features in the geographical area

where the cross-country flight will be

flown;

(8) Procedures for operating the

instruments and equipment installed in

the aircraft to be flown, including

recognition and use of the proper

operational procedures and indications;

(9) Use of radios for VFR navigation

and two-way communications; and

(10) Takeoff, approach, and landing

procedures, including short-field and

soft-field takeoffs, approaches, and

landings.

(i) Maneuvers and procedures for

cross-country flight training in a

powered-lift. A student pilot who is

receiving training for cross-country

flight training in a powered-lift must

receive and log flight training in the

following maneuvers and procedures:

(1) Use of aeronautical charts for VFR

navigation using pilotage and dead

reckoning with the aid of a magnetic

compass;

(2) Use of aircraft performance charts

pertaining to cross-country flight;

(3) Procurement and analysis of

aeronautical weather reports and

forecasts, including recognition of

critical weather situations and

estimating visibility while in flight;

(4) Emergency procedures;

(5) Traffic pattern procedures that

include area departure, area arrival,

entry into the traffic pattern, and

approach;

(6) Procedures and operating practices

for collision avoidance, wake turbulence

precautions, and windshear avoidance;

(7) Recognition, avoidance, and

operational restrictions of hazardous

terrain features in the geographical area

where the cross-country flight will be

flown;

(8) Procedures for operating the

instruments and equipment installed in

the aircraft to be flown, including

recognition and use of the proper

operational procedures and indications;

(9) Use of radios for VFR navigation

and two-way communications;

(10) Takeoff, approach, and landing

procedures that include high-altitude,

steep, and shallow takeoffs, approaches,

and landings; and

(11) Control and maneuvering solely

by reference to flight instruments,

including straight and level flight, turns,

descents, climbs, use of radio aids, and

ATC directives.

(j) Maneuvers and procedures for

cross-country flight training in a glider.

A student pilot who is receiving training

for cross-country flight in a glider must

receive and log flight training in the

following maneuvers and procedures:

(1) Use of aeronautical charts for VFR

navigation using pilotage and dead

reckoning with the aid of a magnetic

compass;

(2) Use of aircraft performance charts

pertaining to cross-country flight;

(3) Procurement and analysis of

aeronautical weather reports and

forecasts, including recognition of

critical weather situations and

estimating visibility while in flight;

(4) Emergency procedures;

(5) Traffic pattern procedures that

include area departure, area arrival,

entry into the traffic pattern, and

approach;

(6) Procedures and operating practices

for collision avoidance, wake turbulence

precautions, and windshear avoidance;

(7) Recognition, avoidance, and

operational restrictions of hazardous

terrain features in the geographical area

where the cross-country flight will be

flown;

(8) Procedures for operating the

instruments and equipment installed in

the aircraft to be flown, including

recognition and use of the proper

operational procedures and indications;

(9) Landings accomplished without

the use of the altimeter from at least

2,000 feet above the surface; and

(10) Recognition of weather and upper

air conditions favorable for crosscountry soaring, ascending and

descending flight, and altitude control.

(k) Maneuvers and procedures for

cross-country flight training in an

airship. A student pilot who is receiving

training for cross-country flight in an

airship must receive and log flight

training for the following maneuvers

and procedures:

(1) Use of aeronautical charts for VFR

navigation using pilotage and dead

reckoning with the aid of a magnetic

compass;

(2) Use of aircraft performance charts

pertaining to cross-country flight;

(3) Procurement and analysis of

aeronautical weather reports and

forecasts, including recognition of

critical weather situations and

estimating visibility while in flight;
16328 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(4) Emergency procedures;

(5) Traffic pattern procedures that

include area departure, area arrival,

entry into the traffic pattern, and

approach;

(6) Procedures and operating practices

for collision avoidance, wake turbulence

precautions, and windshear avoidance;

(7) Recognition, avoidance, and

operational restrictions of hazardous

terrain features in the geographical area

where the cross-country flight will be

flown;

(8) Procedures for operating the

instruments and equipment installed in

the aircraft to be flown, including

recognition and use of the proper

operational procedures and indications;

(9) Use of radios for VFR navigation

and two-way communications;

(10) Control of air pressure with

regard to ascending and descending

flight and altitude control;

(11) Control of the airship solely by

reference to flight instruments; and

(12) Recognition of weather and upper

air conditions conducive for the

direction of cross-country flight.

§ 61.95 Operations in Class B airspace and

at airports located within Class B airspace.

(a) A student pilot may not operate an

aircraft on a solo flight in Class B

airspace unless:

(1) The student pilot has received

both ground and flight training from an

authorized instructor on that Class B

airspace area, and the flight training was

received in the specific Class B airspace

area for which solo flight is authorized;

(2) The logbook of that student pilot

has been endorsed by the instructor who

gave the student pilot flight training,

and the endorsement is dated within the

90-day period preceding the date of the

flight in that Class B airspace area; and

(3) The logbook endorsement specifies

that the student pilot has received the

required ground and flight training, and

has been found proficient to conduct

solo flight in that specific Class B

airspace area.

(b) A student pilot may not operate an

aircraft on a solo flight to, from, or at an

airport located within Class B airspace

pursuant to § 91.131(b) of this chapter

unless:

(1) The student pilot has received

both ground and flight training from an

instructor authorized to provide training

to operate at that airport, and the flight

and ground training has been received

at the specific airport for which the solo

flight is authorized;

(2) The logbook of that student pilot

has been endorsed by an authorized

instructor who gave the student pilot

flight training, and the endorsement is

dated within the 90-day period

preceding the date of the flight at that

airport; and

(3) The logbook endorsement specifies

that the student pilot has received the

required ground and flight training, and

has been found proficient to conduct

solo flight operations at that specific

airport.

Subpart D—Recreational Pilots

§ 61.96 Applicability and eligibility

requirements: General.

(a) This subpart prescribes the

requirement for the issuance of

recreational pilot certificates and

ratings, the conditions under which

those certificates and ratings are

necessary, and the general operating

rules for persons who hold those

certificates and ratings.

(b) To be eligible for a recreational

pilot certificate, a person who applies

for that certificate must:

(1) Be at least 17 years of age;

(2) Be able to read, speak, write, and

understand the English language. If the

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

pilot certificate as are necessary for the

safe operation of the aircraft;

(3) Receive a logbook endorsement

from an authorized instructor who—

(i) Conducted the training or reviewed

the applicant’s home study on the

aeronautical knowledge areas listed in

§ 61.97(b) of this part that apply to the

aircraft category and class rating sought;

and

(ii) Certified that the applicant is

prepared for the required knowledge

test.

(4) Pass the required knowledge test

on the aeronautical knowledge areas

listed in § 61.97(b) of this part;

(5) Receive flight training and a

logbook endorsement from an

authorized instructor who—

(i) Conducted the training on the areas

of operation listed in § 61.98(b) of this

part that apply to the aircraft category

and class rating sought; and

(ii) Certified that the applicant is

prepared for the required practical test.

(6) Meet the aeronautical experience

requirements of § 61.99 of this part that

apply to the aircraft category and class

rating sought;

(7) Pass the required practical test on

the areas of operation listed in § 61.98(b)

of this part that apply to the aircraft

category and class rating sought; and

(8) Comply with the sections of this

part that apply to the aircraft category

and class rating sought.

§ 61.97 Aeronautical knowledge.

(a) General. A person who applies for

a recreational pilot certificate must

receive and log ground training from an

authorized instructor or complete a

home-study course on the aeronautical

knowledge areas of paragraph (b) of this

section that apply to the aircraft

category and class rating sought.

(b) Aeronautical knowledge areas. (1)

Applicable Federal Aviation

Regulations of this chapter that relate to

recreational pilot privileges, limitations,

and flight operations;

(2) Accident reporting requirements of

the National Transportation Safety

Board;

(3) Use of the applicable portions of

the ‘‘Aeronautical Information Manual’’

and FAA ACs;

(4) Use of aeronautical charts for VFR

navigation using pilotage with the aid of

a magnetic compass;

(5) Recognition of critical weather

situations from the ground and in flight,

windshear avoidance, and the

procurement and use of aeronautical

weather reports and forecasts;

(6) Safe and efficient operation of

aircraft, including collision avoidance,

and recognition and avoidance of wake

turbulence;

(7) Effects of density altitude on

takeoff and climb performance;

(8) Weight and balance computations;

(9) Principles of aerodynamics,

powerplants, and aircraft systems;

(10) Stall awareness, spin entry, spins,

and spin recovery techniques, if

applying for an airplane single-engine

rating;

(11) Aeronautical decision making

and judgment; and

(12) Preflight action that includes—

(i) How to obtain information on

runway lengths at airports of intended

use, data on takeoff and landing

distances, weather reports and forecasts,

and fuel requirements; and

(ii) How to plan for alternatives if the

planned flight cannot be completed or

delays are encountered.

§ 61.98 Flight proficiency.

(a) General. A person who applies for

a recreational pilot certificate must have

received and logged ground and flight

training from an authorized instructor

on the areas of operation of this section

that apply to the aircraft category and

class rating sought.

(b) Areas of operation. (1) For a

single-engine airplane rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16329

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Emergency operations; and

(x) Postflight procedures.

(2) For a helicopter rating: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and goarounds;

(vi) Performance maneuvers;

(vii) Ground reference maneuvers;

(viii) Navigation;

(ix) Emergency operations; and

(x) Postflight procedures.

(3) For a gyroplane rating: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Flight at slow airspeeds;

(ix) Emergency operations; and

(x) Postflight procedures.

§ 61.99 Aeronautical experience.

A person who applies for a

recreational pilot certificate must

receive and log at least 30 hours of flight

training time that includes at least:

(a) 15 hours of flight training from an

authorized instructor on the areas of

operation listed in § 61.98 of this part

that consists of at least:

(1) Except as provided in § 61.100 of

this part, 2 hours of flight training en

route to an airport that is located more

than 25 nautical miles from the airport

where the applicant normally trains,

which includes at least three takeoffs

and three landings at the airport located

more than 25 nautical miles from the

airport where the applicant normally

trains; and

(2) 3 hours of flight training in the

aircraft for the rating sought in

preparation for the practical test within

the 60 days preceding the date of the

practical test.

(b) 3 hours of solo flying in the

aircraft for the rating sought, on the

areas of operation listed in § 61.98 of

this part that apply to the aircraft

category and class rating sought.

§ 61.100 Pilots based on small islands.

(a) An applicant located on an island

from which the flight training required

in § 61.99(a)(1) of this part cannot be

accomplished without flying over water

for more than 10 nautical miles from the

nearest shoreline need not comply with

the requirements of that section.

However, if other airports that permit

civil operations are available to which a

flight may be made without flying over

water for more than 10 nautical miles

from the nearest shoreline, the applicant

must show completion of a dual flight

between two airports, which must

include three landings at the other

airport.

(b) An applicant who complies with

paragraph (a) of this section and meets

all requirements for the issuance of a

recreational pilot certificate, except the

requirements of § 61.99(a)(1) of this part,

will be issued a pilot certificate with an

endorsement containing the following

limitation, ‘‘Passenger carrying

prohibited on flights more than 10

nautical miles from (the appropriate

island).’’ The limitation may be

subsequently amended to include

another island if the applicant complies

with the requirements of paragraph (a)

of this section for another island.

(c) Upon meeting the requirements of

§ 61.99(a)(1) of this part, the applicant

may have the limitation(s) in paragraph

(b) of this section removed.

§ 61.101 Recreational pilot privileges and

limitations.

(a) A person who holds a recreational

pilot certificate may:

(1) Carry no more than one passenger;

and

(2) Not pay less than the pro rata

share of the operating expenses of a

flight with a passenger, provided the

expenses involve only fuel, oil, airport

expenses, or aircraft rental fees.

(b) A person who holds a recreational

pilot certificate may act as pilot in

command of an aircraft on a flight that

is within 50 nautical miles from the

departure airport, provided that person

has:

(1) Received ground and flight

training for takeoff, departure, arrival,

and landing procedures at the departure

airport;

(2) Received ground and flight

training for the area, terrain, and aids to

navigation that are in the vicinity of the

departure airport;

(3) Been found proficient to operate

the aircraft at the departure airport and

the area within 50 nautical miles from

that airport; and

(4) Received from an authorized

instructor a logbook endorsement,

which is carried in the person’s

possession in the aircraft, that permits

flight within 50 nautical miles from the

departure airport.

(c) A person who holds a recreational

pilot certificate may act as pilot in

command of an aircraft on a flight that

exceeds 50 nautical miles from the

departure airport, provided that person

has:

(1) Received ground and flight

training from an authorized instructor

on the cross-country training

requirements of subpart E of this part

that apply to the aircraft rating held;

(2) Been found proficient in crosscountry flying; and

(3) Received from an authorized

instructor a logbook endorsement,

which is carried on the person’s

possession in the aircraft, that certifies

the person has received and been found

proficient in the cross-country training

requirements of subpart E of this part

that apply to the aircraft rating held.

(d) Except as provided in paragraph

(h) of this section, a recreational pilot

may not act as pilot in command of an

aircraft:

(1) That is certificated for more than

four occupants, with more than one

powerplant, with a powerplant of more

than 180 horsepower, or with retractable

landing gear.

(2) That is classified as a multiengine

airplane, powered-lift, glider, airship, or

balloon;

(3) That is carrying a passenger or

property for compensation or hire;

(4) For compensation or hire;

(5) In furtherance of a business;

(6) Between sunset and sunrise;

(7) In airspace in which

communication with air traffic control

is required;

(8) At an altitude of more than 10,000

feet MSL or 2,000 feet AGL, whichever

is higher;

(9) When the flight or surface

visibility is less than 3 statute miles;

(10) Without visual reference to the

surface;

(11) On a flight outside the United

States;

(12) To demonstrate that aircraft in

flight to a prospective buyer;

(13) That is used in a passengercarrying airlift and sponsored by a

charitable organization; and

(14) That is towing any object.

(e) A recreational pilot may not act as

a pilot flight crewmember on any

aircraft for which more than one pilot is

required by the type certificate of the

aircraft or the regulations under which

the flight is conducted, except when:

(1) Receiving flight training from a

person authorized to provide flight

training on board an airship; and

(2) No person other than a required

flight crewmember is carried on the

aircraft.

(f) A person who holds a recreational

pilot certificate, has logged fewer than

400 flight hours, and has not logged

pilot-in-command time in an aircraft

within the 180 days preceding the flight

shall not act as pilot in command of an

aircraft until the pilot receives flight
16330 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

training and a logbook endorsement

from an authorized instructor, and the

instructor certifies that the person is

proficient to act as pilot in command of

the aircraft. This requirement can be

met in combination with the

requirements of §§ 61.56 and 61.57 of

this part, at the discretion of the

authorized instructor.

(g) A recreational pilot certificate

issued under this subpart carries the

notation, ‘‘Holder does not meet ICAO

requirements.’’

(h) For the purpose of obtaining

additional certificates or ratings while

under the supervision of an authorized

instructor, a recreational pilot may fly as

the sole occupant of an aircraft:

(1) For which the pilot does not hold

an appropriate category or class rating;

(2) Within airspace that requires

communication with air traffic control;

or

(3) Between sunset and sunrise,

provided the flight or surface visibility

is at least 5 statute miles.

(i) In order to fly solo as provided in

paragraph (h) of this section, the

recreational pilot must meet the

appropriate aeronautical knowledge and

flight training requirements of § 61.87

for that aircraft. When operating an

aircraft under the conditions specified

in paragraph (h) of this section, the

recreational pilot shall carry the logbook

that has been endorsed for each flight by

an authorized instructor who:

(1) Has given the recreational pilot

training in the make and model of

aircraft in which the solo flight is to be

made;

(2) Has found that the recreational

pilot has met the applicable

requirements of § 61.87; and

(3) Has found that the recreational

pilot is competent to make solo flights

in accordance with the logbook

endorsement.

Subpart E—Private Pilots

§ 61.102 Applicability.

This subpart prescribes the

requirements for the issuance of private

pilot certificates and ratings, the

conditions under which those

certificates and ratings are necessary,

and the general operating rules for

persons who hold those certificates and

ratings.

§ 61.103 Eligibility requirements: General.

To be eligible for a private pilot

certificate, a person must:

(a) Be at least 17 years of age for a

rating in other than a glider or balloon.

(b) Be at least 16 years of age for a

rating in a glider or balloon.

(c) Be able to read, speak, write, and

understand the English language. If the

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

pilot certificate as are necessary for the

safe operation of the aircraft.

(d) Receive a logbook endorsement

from an authorized instructor who:

(1) Conducted the training or

reviewed the person’s home study on

the aeronautical knowledge areas listed

in § 61.105(b) of this part that apply to

the aircraft rating sought; and

(2) Certified that the person is

prepared for the required knowledge

test.

(e) Pass the required knowledge test

on the aeronautical knowledge areas

listed in § 61.105(b) of this part.

(f) Receive flight training and a

logbook endorsement from an

authorized instructor who:

(1) Conducted the training in the areas

of operation listed in § 61.107(b) of this

part that apply to the aircraft rating

sought; and

(2) Certified that the person is

prepared for the required practical test.

(g) Meet the aeronautical experience

requirements of this part that apply to

the aircraft rating sought before

applying for the practical test.

(h) Pass a practical test on the areas

of operation listed in § 61.107(b) of this

part that apply to the aircraft rating

sought.

(i) Comply with the appropriate

sections of this part that apply to the

aircraft category and class rating sought.

§ 61.105 Aeronautical knowledge.

(a) General. A person who is applying

for a private pilot certificate must

receive and log ground training from an

authorized instructor or complete a

home-study course on the aeronautical

knowledge areas of paragraph (b) of this

section that apply to the aircraft

category and class rating sought.

(b) Aeronautical knowledge areas. (1)

Applicable Federal Aviation

Regulations of this chapter that relate to

private pilot privileges, limitations, and

flight operations;

(2) Accident reporting requirements of

the National Transportation Safety

Board;

(3) Use of the applicable portions of

the ‘‘Aeronautical Information Manual’’

and FAA ACs;

(4) Use of aeronautical charts for VFR

navigation using pilotage, dead

reckoning, and navigation systems;

(5) Radio communication procedures;

(6) Recognition of critical weather

situations from the ground and in flight,

windshear avoidance, and the

procurement and use of aeronautical

weather reports and forecasts;

(7) Safe and efficient operation of

aircraft, including collision avoidance,

and recognition and avoidance of wake

turbulence;

(8) Effects of density altitude on

takeoff and climb performance;

(9) Weight and balance computations;

(10) Principles of aerodynamics,

powerplants, and aircraft systems;

(11) Stall awareness, spin entry, spins,

and spin recovery techniques for the

airplane and glider category ratings;

(12) Aeronautical decision making

and judgment; and

(13) Preflight action that includes—

(i) How to obtain information on

runway lengths at airports of intended

use, data on takeoff and landing

distances, weather reports and forecasts,

and fuel requirements; and

(ii) How to plan for alternatives if the

planned flight cannot be completed or

delays are encountered.

§ 61.107 Flight proficiency.

(a) General. A person who applies for

a private pilot certificate must receive

and log ground and flight training from

an authorized instructor on the areas of

operation of this section that apply to

the aircraft category and class rating

sought.

(b) Areas of operation. (1) For an

airplane category rating with a singleengine class rating: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base

operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Basic instrument maneuvers;

(x) Emergency operations;

(xi) Night operations, except as

provided in § 61.110 of this part; and

(xii) Postflight procedures.

(2) For an airplane category rating

with a multiengine class rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base

operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Basic instrument maneuvers;

(x) Emergency operations;

(xi) Multiengine operations;

(xii) Night operations, except as

provided in § 61.110 of this part; and

(xiii) Postflight procedures.

(3) For a rotorcraft category rating

with a helicopter class rating: (i)

Preflight preparation;
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16331

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and goarounds;

(vi) Performance maneuvers;

(vii) Navigation;

(viii) Emergency operations;

(ix) Night operations, except as

provided in § 61.110 of this part; and

(x) Postflight procedures.

(4) For a rotorcraft category rating

with a gyroplane class rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Flight at slow airspeeds;

(ix) Emergency operations;

(x) Night operations, except as

provided in § 61.110 of this part; and

(xi) Postflight procedures.

(5) For a powered-lift category rating:

(i) Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and goarounds;

(vi) Performance maneuvers;

(vii) Ground reference maneuvers;

(viii) Navigation;

(ix) Slow flight and stalls;

(x) Basic instrument maneuvers;

(xi) Emergency operations;

(xii) Night operations, except as

provided in § 61.110 of this part; and

(xiii) Postflight procedures.

(6) For a glider category rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and gliderport operations;

(iv) Launches and landings;

(v) Performance speeds;

(vi) Soaring techniques;

(vii) Performance maneuvers;

(viii) Navigation;

(ix) Slow flight and stalls;

(x) Emergency operations; and

(xi) Postflight procedures.

(7) For a lighter-than-air category

rating with an airship class rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Emergency operations; and

(ix) Postflight procedures.

(8) For a lighter-than-air category

rating with a balloon class rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Launches and landings;

(v) Performance maneuvers;

(vi) Navigation;

(vii) Emergency operations; and

(viii) Postflight procedures.

§ 61.109 Aeronautical experience.

Except as provided in paragraph (i) of

this section, a person who applies for a

private pilot certificate with an airplane,

rotorcraft, or powered-lift category

rating must receive and log at least 40

hours of flight time that includes at least

20 hours of flight training from an

authorized instructor and 10 hours of

solo flight training in the areas of

operation listed in § 61.107 of this part,

and the training must include at least:

(a) For an airplane single-engine

rating: (1) 3 hours of cross-country flight

training in a single-engine airplane;

(2) Except as provided in § 61.110 of

this part, 3 hours of night flight training

in a single-engine airplane that

includes—

(i) One cross-country flight of over

100 nautical miles total distance; and

(ii) 10 takeoffs and 10 landings to a

full stop (with each landing involving a

flight in the traffic pattern) at an airport.

(3) 3 hours of instrument flight

training in a single-engine airplane;

(4) 3 hours of flight training in

preparation for the practical test in a

single-engine airplane, which must have

been performed within 60 days

preceding the date of the test; and

(5) 10 hours of solo flight time in a

single-engine airplane, consisting of at

least—

(i) 5 hours of solo cross-country flight;

(ii) One solo cross-country flight of at

least 150 nautical miles total distance,

with full-stop landings at a minimum of

three points, and one segment of the

flight consisting of a straight-line

distance of at least 50 nautical miles

between the takeoff and landing

locations; and

(iii) Three takeoffs and three landings

to a full stop (with each landing

involving a flight in the traffic pattern)

at an airport with an operating control

tower.

(b) For an airplane multiengine rating:

(1) 3 hours of cross-country flight

training in a multiengine airplane;

(2) Except as provided in § 61.110 of

this part, 3 hours of night flight training

in a multiengine airplane that

includes—

(i) One cross-country flight of over

100 nautical miles total distance; and

(ii) 10 takeoffs and 10 landings to a

full stop (with each landing involving a

flight in the traffic pattern) at an airport.

(3) 3 hours of instrument flight

training in a multiengine airplane;

(4) 3 hours of flight training in

preparation for the practical test in a

multiengine airplane, which must have

been performed within the 60-day

period preceding the date of the test;

and

(5) 10 hours of solo flight time in an

airplane consisting of at least—

(i) 5 hours of solo cross-country flight;

(ii) One solo cross-country flight of at

least 150 nautical miles total distance,

with full-stop landings at a minimum of

three points, and one segment of the

flight consisting of a straight-line

distance of at least 50 nautical miles

between the takeoff and landing

locations; and

(iii) Three takeoffs and three landings

to a full stop (with each landing

involving a flight in the traffic pattern)

at an airport with an operating control

tower.

(c) For a helicopter rating: (1) 3 hours

of cross-country flight training in a

helicopter;

(2) Except as provided in § 61.110 of

this part, 3 hours of night flight training

in a helicopter that includes—

(i) One cross-country flight of over 50

nautical miles total distance; and

(ii) 10 takeoffs and 10 landings to a

full stop (with each landing involving a

flight in the traffic pattern) at an airport.

(3) 3 hours of flight training in

preparation for the practical test in a

helicopter, which must have been

performed within 60 days preceding the

date of the test; and

(4) 10 hours of solo flight time in a

helicopter, consisting of at least—

(i) 3 hours cross-country flight time;

(ii) One solo cross-country flight of at

least 75 nautical miles total distance,

with landings at a minimum of three

points, and one segment of the flight

being a straight-line distance of at least

25 nautical miles between the takeoff

and landing locations; and

(iii) Three takeoffs and three landings

to a full stop (with each landing

involving a flight in the traffic pattern)

at an airport with an operating control

tower.

(d) For a gyroplane rating: (1) 3 hours

of cross-country flight training in a

gyroplane;

(2) Except as provided in § 61.110 of

this part, 3 hours of night flight training

in a gyroplane that includes—

(i) One cross-country flight of over 50

nautical miles total distance; and

(ii) 10 takeoffs and 10 landings to a

full stop (with each landing involving a

flight in the traffic pattern) at an airport.

(3) 3 hours of flight training in

preparation for the practical test in a

gyroplane, which must have been

performed within the 60-day period

preceding the date of the test; and
16332 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(4) 10 hours of solo flight time in a

gyroplane, and consisting of at least—

(i) 3 hours of cross-country flight

time;

(ii) One solo cross-country flight of

over 75 nautical miles total distance,

with landings at a minimum of three

points, and one segment of the flight

being a straight-line distance of at least

25 nautical miles between the takeoff

and landing locations; and

(iii) Three takeoffs and three landings

to a full stop (with each landing

involving a flight in the traffic pattern)

at an airport with an operating control

tower.

(e) For a powered-lift rating: (1) 3

hours of cross-country flight training in

a powered-lift;

(2) Except as provided in § 61.110 of

this part, 3 hours of night flight training

in a powered-lift that includes—

(i) One cross-country flight of over

100 nautical miles total distance; and

(ii) 10 takeoffs and 10 landings to a

full stop (with each landing involving a

flight in the traffic pattern) at an airport.

(3) 3 hours of instrument flight

training in a powered-lift;

(4) 3 hours of flight training in

preparation for the practical test in a

powered-lift, which must have been

performed within the 60-day period

preceding the date of the test; and

(5) 10 hours of solo flight time in an

airplane or powered-lift consisting of at

least—

(i) 5 hours cross-country flight time;

(ii) One cross-country flight of at least

150 nautical miles total distance, with

landings at a minimum of three points,

and one segment of the flight being a

straight-line distance of at least 50

nautical miles between the takeoff and

landing locations; and

(iii) Three takeoffs and three landings

to a full stop (with each landing

involving a flight in the traffic pattern)

at an airport with an operating control

tower.

(f) For a glider category rating: (1) If

the applicant has not logged at least 40

hours of flight time as a pilot in a

heavier-than-air aircraft, at least 10

hours of flight training in a glider, and

20 training flights performed on the

areas of operation listed in

§ 61.107(b)(6) of this part that apply to

gliders that include—

(i) 2 hours of solo flight in gliders in

the areas of operation listed in

§ 61.107(b)(6) of this part that apply to

gliders, with not less than 10 launches

and landings being performed; and

(ii) Three training flights in a glider in

preparation for the practical test within

the 60-day period preceding the

practical test.

(2) If the applicant has logged at least

40 hours of flight time in heavier-thanair aircraft, at least 3 hours of flight

training in a glider, and 10 training

flights performed on the areas of

operation listed in § 61.107 of this part

that apply to gliders that include—

(i) 10 solo flights in gliders on the

areas of operation listed in § 61.107 of

this part that apply to gliders; and

(ii) Three training flights in

preparation for the practical test within

the 60-day waiting period preceding the

test.

(g) For an airship rating: (1) 25 hours

of flight training in airships on the areas

of operation listed in § 61.107(b)(7) of

this part, which consists of at least—

(i) 3 hours of cross-country flight

training in an airship;

(ii) Except as provided in § 61.110 of

this part, 3 hours of night flight training

in an airship that includes—

(A) A cross-country flight of over 25

nautical miles total distance; and

(B) Five takeoffs and five landings to

a full stop (with each landing involving

a flight in the traffic pattern) at an

airport.

(2) 3 hours of instrument training;

(3) 3 hours of flight training in an

airship in preparation for the practical

test within the 60 days preceding the

date of the test; and

(4) 5 hours of solo flight in an airship

and with an authorized instructor.

(h) For a balloon rating: 10 hours of

flight training that includes at least six

training flights in the areas of operation

listed in § 61.107(b)(8) of this part, that

includes—

(1) Gas balloon. If the training is being

performed in a gas balloon, at least two

flights of 2 hours each that consists of—

(i) At least one training flight within

60 days prior to application for the

rating on the areas of operation for a gas

balloon;

(ii) At least one flight performing the

functions of pilot in command in a gas

balloon; and

(iii) At least one flight involving a

controlled ascent to 3,000 feet above the

launch site.

(2) Balloon with an airborne heater. If

the training is being performed in a

balloon with an airborne heater, at

least—

(i) Two flights of 1 hour each within

60 days prior to application for the

rating on the areas of operation

appropriate to a balloon with an

airborne heater;

(ii) One solo flight in a balloon with

an airborne heater; and

(iii) At least one flight involving a

controlled ascent to 2,000 feet above the

launch site.

(i) Permitted credit for use of an

approved flight simulator or an

approved flight training device. (1)

Except as provided in paragraphs (i)(2)

and (i)(3) of this section, a maximum of

2.5 hours of training in an approved

flight simulator or an approved flight

training device representing the

category, class, and type, if applicable,

of aircraft appropriate to the rating

sought, may be credited toward the

flight training time required by this

section, if received from an authorized

instructor.

(2) Except as provided in paragraph

(i)(1) or paragraph (i)(3) of this section,

a maximum of 5 hours of training in an

approved flight simulator or an

approved flight training device

representing the category, class, and

type, if applicable, of aircraft

appropriate to the rating sought, may be

credited toward the flight training time

required by this section if the training

is accomplished in a course conducted

by a training center certificated under

part 142 of this chapter.

(3) Except when fewer hours are

approved by the Administrator, an

applicant for a private pilot certificate

with an airplane, rotorcraft, or poweredlift rating, who has satisfactorily

completed an approved private pilot

course conducted by a training center

certificated under part 142 of this

chapter need only have a total of 35

hours of aeronautical experience to meet

the requirements of this section.

§ 61.110 Night flying exceptions.

(a) Subject to the limitations of

paragraph (b) of this section, a person is

not required to comply with the night

flight training requirements of this

subpart if the person receives flight

training in and resides in the State of

Alaska.

(b) A person who receives flight

training in and resides in the State of

Alaska but does not meet the night flight

training requirements of this section:

(1) May be issued a pilot certificate

with a limitation ‘‘Night flying

prohibited;’’ and

(2) Must comply with the appropriate

night flight training requirements of this

subpart within the 12-calendar-month

period after the issuance of the pilot

certificate. At the end of that period, the

certificate will be suspended until the

person complies with the appropriate

night training requirements of this

subpart. The person may have the

‘‘Night flying prohibited’’ limitation

removed if the person—

(i) Accomplishes the appropriate

night flight training requirements of this

subpart; and

(ii) Presents to an examiner a logbook

or training record endorsement from an

authorized instructor that verifies

accomplishment of the appropriate
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16333

night flight training requirements of this

subpart.

§ 61.111 Cross-country flights: Pilots

based on small islands.

(a) Except as provided in paragraph

(b) of this section, an applicant located

on an island from which the crosscountry flight training required in

§ 61.109 of this part cannot be

accomplished without flying over water

for more than 10 nautical miles from the

nearest shoreline need not comply with

the requirements of that section.

(b) If other airports that permit civil

operations are available to which a

flight may be made without flying over

water for more than 10 nautical miles

from the nearest shoreline, the applicant

must show completion of two roundtrip solo flights between those two

airports that are farthest apart, including

a landing at each airport on both flights.

(c) An applicant who complies with

paragraph (a) or paragraph (b) of this

section, and meets all requirements for

the issuance of a private pilot certificate,

except the cross-country training

requirements of § 61.109 of this part,

will be issued a pilot certificate with an

endorsement containing the following

limitation, ‘‘Passenger carrying

prohibited on flights more than 10

nautical miles from (the appropriate

island).’’ The limitation may be

subsequently amended to include

another island if the applicant complies

with the requirements of paragraph (a)

or paragraph (b) of this section for

another island.

(d) Upon meeting the cross-country

training requirements of § 61.109 of this

part, the applicant may have the

limitation in paragraph (c) of this

section removed.

§ 61.113 Private pilot privileges and

limitations: Pilot in command.

(a) Except as provided in paragraphs

(b) through (g) of this section, no person

who holds a private pilot certificate may

act as pilot in command of an aircraft

that is carrying passengers or property

for compensation or hire; nor may that

person, for compensation or hire, act as

pilot in command of an aircraft.

(b) A private pilot may, for

compensation or hire, act as pilot in

command of an aircraft in connection

with any business or employment if:

(1) The flight is only incidental to that

business or employment; and

(2) The aircraft does not carry

passengers or property for compensation

or hire.

(c) A private pilot may not pay less

than the pro rata share of the operating

expenses of a flight with passengers,

provided the expenses involve only

fuel, oil, airport expenditures, or rental

fees.

(d) A private pilot may act as pilot in

command of an aircraft used in a

passenger-carrying airlift sponsored by a

charitable organization described in

paragraph (d)(7) of this section, and for

which the passengers make a donation

to the organization, when the following

requirements are met:

(1) The sponsor of the airlift notifies

the FAA Flight Standards District Office

with jurisdiction over the area

concerned at least 7 days before the

event and furnishes—

(i) A signed letter from the sponsor

that shows the name of the sponsor, the

purpose of the charitable event, the date

and time of the event, and the location

of the event; and

(ii) A photocopy of each pilot in

command’s pilot certificate, medical

certificate, and logbook entries that

show the pilot is current in accordance

with §§ 61.56 and 61.57 of this part and

has logged at least 200 hours of flight

time.

(2) The flight is conducted from a

public airport that is adequate for the

aircraft to be used, or from another

airport that has been approved by the

FAA for the operation.

(3) No aerobatic or formation flights

are conducted.

(4) Each aircraft used for the

charitable event holds a standard

airworthiness certificate.

(5) Each aircraft used for the

charitable event is airworthy and

complies with the applicable

requirements of subpart E of part 91 of

this chapter.

(6) Each flight for the charitable event

is made during day VFR conditions.

(7) The charitable organization is an

organization identified as such by the

U.S. Department of Treasury.

(e) A private pilot may be reimbursed

for aircraft operating expenses that are

directly related to search and location

operations, provided the expenses

involve only fuel, oil, airport

expenditures, or rental fees, and the

operation is sanctioned and under the

direction and control of:

(1) A local, State, or Federal agency;

or

(2) An organization that conducts

search and location operations.

(f) A private pilot who is an aircraft

salesman and who has at least 200 hours

of logged flight time may demonstrate

an aircraft in flight to a prospective

buyer.

(g) A private pilot who meets the

requirements of § 61.69 of this part may

act as pilot in command of an aircraft

towing a glider.

§ 61.115 Balloon rating: Limitations.

(a) If a person who applies for a

private pilot certificate with a balloon

rating takes a practical test in a balloon

with an airborne heater:

(1) The pilot certificate will contain a

limitation restricting the exercise of the

privileges of that certificate to a balloon

with an airborne heater; and

(2) The limitation may be removed

when the person obtains the required

aeronautical experience in a gas balloon

and receives a logbook endorsement

from an authorized instructor who

attests to the person’s accomplishment

of the required aeronautical experience

and ability to satisfactorily operate a gas

balloon.

(b) If a person who applies for a

private pilot certificate with a balloon

rating takes a practical test in a gas

balloon:

(1) The pilot certificate will contain a

limitation restricting the exercise of the

privilege of that certificate to a gas

balloon; and

(2) The limitation may be removed

when the person obtains the required

aeronautical experience in a balloon

with an airborne heater and receives a

logbook endorsement from an

authorized instructor who attests to the

person’s accomplishment of the

required aeronautical experience and

ability to satisfactorily operate a balloon

with an airborne heater.

§ 61.117 Private pilot privileges and

limitations: Second in command of aircraft

requiring more than one pilot.

Except as provided in § 61.113 of this

part, no private pilot may, for

compensation or hire, act as second in

command of an aircraft that is type

certificated for more than one pilot, nor

may that pilot act as second in

command of such an aircraft that is

carrying passengers, or property for

compensation or hire.

§ 61.118–61.120 [Reserved]

Subpart F—Commercial Pilots

§ 61.121 Applicability.

This subpart prescribes the

requirements for the issuance of

commercial pilot certificates and

ratings, the conditions under which

those certificates and ratings are

necessary, and the general operating

rules for persons who hold those

certificates and ratings.

§ 61.123 Eligibility requirements: General.

To be eligible for a commercial pilot

certificate, a person must:

(a) Be at least 18 years of age;

(b) Be able to read, speak, write, and

understand the English language. If the
16334 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

pilot certificate as are necessary for the

safe operation of the aircraft.

(c) Receive a logbook endorsement

from an authorized instructor who:

(1) Conducted the required ground

training or reviewed the person’s home

study on the aeronautical knowledge

areas listed in § 61.125 of this part that

apply to the aircraft category and class

rating sought; and

(2) Certified that the person is

prepared for the required knowledge

test that applies to the aircraft category

and class rating sought.

(d) Pass the required knowledge test

on the aeronautical knowledge areas

listed in § 61.125 of this part;

(e) Receive the required training and

a logbook endorsement from an

authorized instructor who:

(1) Conducted the training on the

areas of operation listed in § 61.127(b) of

this part that apply to the aircraft

category and class rating sought; and

(2) Certified that the person is

prepared for the required practical test.

(f) Meet the aeronautical experience

requirements of this subpart that apply

to the aircraft category and class rating

sought before applying for the practical

test;

(g) Pass the required practical test on

the areas of operation listed in

§ 61.127(b) of this part that apply to the

aircraft category and class rating sought;

(h) Hold at least a private pilot

certificate issued under this part or meet

the requirements of § 61.73; and

(i) Comply with the sections of this

part that apply to the aircraft category

and class rating sought.

§ 61.125 Aeronautical knowledge.

(a) General. A person who applies for

a commercial pilot certificate must

receive and log ground training from an

authorized instructor, or complete a

home-study course, on the aeronautical

knowledge areas of paragraph (b) of this

section that apply to the aircraft

category and class rating sought.

(b) Aeronautical knowledge areas. (1)

Applicable Federal Aviation

Regulations of this chapter that relate to

commercial pilot privileges, limitations,

and flight operations;

(2) Accident reporting requirements of

the National Transportation Safety

Board;

(3) Basic aerodynamics and the

principles of flight;

(4) Meteorology to include recognition

of critical weather situations, windshear

recognition and avoidance, and the use

of aeronautical weather reports and

forecasts;

(5) Safe and efficient operation of

aircraft;

(6) Weight and balance computations;

(7) Use of performance charts;

(8) Significance and effects of

exceeding aircraft performance

limitations;

(9) Use of aeronautical charts and a

magnetic compass for pilotage and dead

reckoning;

(10) Use of air navigation facilities;

(11) Aeronautical decision making

and judgment;

(12) Principles and functions of

aircraft systems;

(13) Maneuvers, procedures, and

emergency operations appropriate to the

aircraft;

(14) Night and high-altitude

operations;

(15) Procedures for operating within

the National Airspace System; and

(16) Procedures for flight and ground

training for lighter-than-air ratings.

§ 61.127 Flight proficiency.

(a) General. A person who applies for

a commercial pilot certificate must

receive and log ground and flight

training from an authorized instructor

on the areas of operation of this section

that apply to the aircraft category and

class rating sought.

(b) Areas of operation. (1) For an

airplane category rating with a singleengine class rating: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base

operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Emergency operations;

(x) High-altitude operations; and

(xi) Postflight procedures.

(2) For an airplane category rating

with a multiengine class rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base

operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Navigation;

(vii) Slow flight and stalls;

(viii) Emergency operations;

(ix) Multiengine operations;

(x) High-altitude operations; and

(xi) Postflight procedures.

(3) For a rotorcraft category rating

with a helicopter class rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and goarounds;

(vi) Performance maneuvers;

(vii) Navigation;

(viii) Emergency operations;

(ix) Special operations; and

(x) Postflight procedures.

(4) For a rotorcraft category rating

with a gyroplane class rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and goarounds;

(v) Performance maneuvers;

(vi) Navigation;

(vii) Flight at slow airspeeds;

(viii) Emergency operations; and

(ix) Postflight procedures.

(5) For a powered-lift category rating:

(i) Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and goarounds;

(vi) Performance maneuvers;

(vii) Ground reference maneuvers;

(viii) Navigation;

(ix) Slow flight and stalls;

(x) Emergency operations;

(xi) High-altitude operations;

(xii) Special operations; and

(xiii) Postflight procedures.

(6) For a glider category rating: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and gliderport operations;

(iv) Launches and landings;

(v) Performance speeds;

(vi) Soaring techniques;

(vii) Performance maneuvers;

(viii) Navigation;

(ix) Slow flight and stalls;

(x) Emergency operations; and

(xi) Postflight procedures.

(7) For a lighter-than-air category

rating with an airship class rating: (i)

Fundamentals of instructing;

(ii) Technical subjects;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Preflight procedures;

(vi) Airport operations;

(vii) Takeoffs, landings, and goarounds;

(viii) Performance maneuvers;

(ix) Navigation;

(x) Emergency operations; and

(xi) Postflight procedures.

(8) For a lighter-than-air category

rating with a balloon class rating: (i)

Fundamentals of instructing;

(ii) Technical subjects;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16335

(v) Preflight procedures;

(vi) Airport operations;

(vii) Launches and landings;

(viii) Performance maneuvers;

(ix) Navigation;

(x) Emergency operations; and

(xi) Postflight procedures.

§ 61.129 Aeronautical experience.

(a) For an airplane single-engine

rating. Except as provided in paragraph

(i) of this section, a person who applies

for a commercial pilot certificate with

an airplane category and single-engine

class rating must log at least 250 hours

of flight time as a pilot (of which 50

hours may have been accomplished in

an approved flight simulator or

approved flight training device that is

representative of a single-engine

airplane) that consists of at least:

(1) 100 hours in powered aircraft, of

which 50 hours must be in airplanes.

(2) 100 hours of pilot in command

flight time, which includes at least—

(i) 50 hours in airplanes; and

(ii) 50 hours in cross-country flight in

airplanes.

(3) 20 hours of training on the areas

of operation listed in § 61.127(b)(1) of

this part that includes at least—

(i) 10 hours of instrument training of

which at least 5 hours must be in a

single-engine airplane;

(ii) 10 hours of training in an airplane

that has a retractable landing gear, flaps,

and a controllable pitch propeller, or is

turbine-powered;

(iii) One cross-country flight of at

least 2 hours in a single-engine airplane

in day VFR conditions, consisting of a

total straight-line distance of more than

100 nautical miles from the original

point of departure;

(iv) One cross-country flight of at least

2 hours in a single-engine airplane in

night VFR conditions, consisting of a

total straight-line distance of more than

100 nautical miles from the original

point of departure; and

(v) 3 hours in a single-engine airplane

in preparation for the practical test

within the 60-day period preceding the

date of the test.

(4) 10 hours of solo flight in a singleengine airplane on the areas of

operation listed in § 61.127(b)(1) of this

part, which includes at least—

(i) One cross-country flight of not less

than 300 nautical miles total distance,

with landings at a minimum of three

points, one of which is a straight-line

distance of at least 250 nautical miles

from the original departure point.

However, if this requirement is being

met in Hawaii, the longest segment need

only have a straight-line distance of at

least 150 nautical miles; and

(ii) 5 hours in night VFR conditions

with 10 takeoffs and 10 landings (with

each landing involving a flight in the

traffic pattern) at an airport with an

operating control tower.

(b) For an airplane multiengine rating.

A person who applies for a commercial

pilot certificate with an airplane

category and multiengine class rating

must log at least 250 hours of flight time

as a pilot (of which 50 hours may have

been accomplished in an approved

flight simulator or approved flight

training device that is representative of

a multiengine airplane) that consists of

at least:

(1) 100 hours in powered aircraft, of

which 50 hours must be in airplanes.

(2) 100 hours of pilot in command

flight time, which includes at least—

(i) 50 hours in airplanes; and

(ii) 50 hours in cross-country flight in

airplanes.

(3) 20 hours of training on the areas

of operation listed in § 61.127(b)(2) of

this part that includes at least—

(i) 10 hours of instrument training of

which at least 5 hours must be in a

multiengine airplane;

(ii) 10 hours of training in a

multiengine airplane that has a

retractable landing gear, flaps, and

controllable pitch propellers, or is

turbine-powered;

(iii) One cross-country flight of at

least 2 hours in a multiengine airplane

in day VFR conditions, consisting of a

total straight-line distance of more than

100 nautical miles from the original

point of departure;

(iv) One cross-country flight of at least

2 hours in a multiengine airplane in

night VFR conditions, consisting of a

total straight-line distance of more than

100 nautical miles from the original

point of departure; and

(v) 3 hours in a multiengine airplane

in preparation for the practical test

within the 60-day period preceding the

date of the test.

(4) 10 hours of flight time performing

the duties of pilot in command in a

multiengine airplane with an authorized

instructor on the areas of operation

listed in § 61.127(b)(2) of this part,

which includes at least—

(i) One cross-country flight of not less

than 300 nautical miles total distance

with landings at a minimum of three

points, one of which is a straight-line

distance of at least 250 nautical miles

from the original departure point.

However, if this requirement is being

met in Hawaii, the longest segment need

only have a straight-line distance of at

least 150 nautical miles; and

(ii) 5 hours in night VFR conditions

with 10 takeoffs and 10 landings (with

each landing involving a flight with a

traffic pattern) at an airport with an

operating control tower.

(c) For a helicopter rating. A person

who applies for a commercial pilot

certificate with a rotorcraft category and

helicopter class rating must log at least

150 hours of flight time as a pilot (of

which 25 hours may have been

accomplished in an approved flight

simulator or approved flight training

device that is representative of a

helicopter) that consists of at least:

(1) 100 hours in powered aircraft, of

which 50 hours must be in helicopters.

(2) 100 hours of pilot in command

flight time, which includes at least—

(i) 35 hours in helicopters; and

(ii) 10 hours in cross-country flight in

helicopters.

(3) 20 hours of training on the areas

of operation listed in § 61.127(b)(3) of

this part that includes at least—

(i) 10 hours of instrument training in

an aircraft;

(ii) One cross-country flight of at least

2 hours in a helicopter in day VFR

conditions, consisting of a total straightline distance of more than 50 nautical

miles from the original point of

departure;

(iii) One cross-country flight of at

least 2 hours in a helicopter in night

VFR conditions, consisting of a total

straight-line distance of more than 50

nautical miles from the original point of

departure; and

(iv) 3 hours in a helicopter in

preparation for the practical test within

the 60-day period preceding the date of

the test.

(4) 10 hours of solo flight in a

helicopter on the areas of operation

listed in § 61.127(b)(3) of this part,

which includes at least—

(i) One cross-country flight with

landings at a minimum of three points,

with one segment consisting of a

straight-line distance of at least 50

nautical miles from the original point of

departure; and

(ii) 5 hours in night VFR conditions

with 10 takeoffs and 10 landings (with

each landing involving a flight in the

traffic pattern).

(d) For a gyroplane rating. A person

who applies for a commercial pilot

certificate with a rotorcraft category and

gyroplane class rating must log at least

150 hours of flight time as a pilot (of

which 5 hours may have been

accomplished in an approved flight

simulator or approved flight training

device that is representative of a

gyroplane) that consists of at least:

(1) 100 hours in powered aircraft, of

which 25 hours must be in gyroplanes.

(2) 100 hours of pilot in command

flight time, which includes at least—

(i) 10 hours in gyroplanes; and

(ii) 3 hours in cross-country flight in

gyroplanes.
16336 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(3) 20 hours of training on the areas

of operation listed in § 61.127(b)(4) of

this part that includes at least—

(i) 5 hours of instrument training in

an aircraft;

(ii) One cross-country flight of at least

2 hours in a gyroplane in day VFR

conditions, consisting of a total straightline distance of more than 50 nautical

miles from the original point of

departure;

(iii) One cross-country flight of at

least 2 hours in a gyroplane in night

VFR conditions, consisting of a total

straight-line distance of more than 50

nautical miles from the original point of

departure; and

(iv) 3 hours in a gyroplane in

preparation for the practical test within

the 60-day period preceding the date of

the test.

(4) 10 hours of solo flight in a

gyroplane on the areas of operation

listed in § 61.127(b)(4) of this part,

which includes at least—

(i) One cross-country flight with

landings at a minimum of three points,

with one segment consisting of a

straight-line distance of at least 50

nautical miles from the original point of

departure; and

(ii) 5 hours in night VFR conditions

with 10 takeoffs and 10 landings (with

each landing involving a flight in the

traffic pattern).

(e) For a powered-lift rating. A person

who applies for a commercial pilot

certificate with a powered-lift category

rating must log at least 250 hours of

flight time as a pilot (of which 50 hours

may have been accomplished in an

approved flight simulator or approved

flight training device that is

representative of a powered-lift) that

consists of at least:

(1) 100 hours in powered aircraft, of

which 50 hours must be in a poweredlift.

(2) 100 hours of pilot in command

flight time, which includes at least—

(i) 50 hours in a powered-lift; and

(ii) 50 hours in cross-country flight in

a powered-lift.

(3) 20 hours of training on the areas

of operation listed in § 61.127(b)(5) of

this part that includes at least—

(i) 10 hours of instrument training, of

which at least 5 hours must be in a

powered-lift;

(ii) One cross-country flight of at least

2 hours in a powered-lift in day VFR

conditions, consisting of a total straightline distance of more than 100 nautical

miles from the original point of

departure;

(iii) One cross-country flight of at

least 2 hours in a powered-lift,

consisting of a total straight-line

distance of more than 100 nautical miles

from the original point of departure; and

(iv) 3 hours in a powered-lift in

preparation for the practical test within

the 60-day period preceding the date of

the test.

(4) 10 hours of solo flight in a

powered-lift on the areas of operation

listed in § 61.127(b)(5) of this part,

which includes at least—

(i) One cross-country flight of not less

than 300 nautical miles total distance

with landings at a minimum of three

points, one of which is a straight-line

distance of at least 250 nautical miles

from the original departure point.

However, if this requirement is being

met in Hawaii the longest segment need

only have a straight-line distance of at

least 150 nautical miles; and

(ii) 5 hours in night VFR conditions

with 10 takeoffs and 10 landings (with

each landing involving a flight in the

traffic pattern) at an airport with an

operating control tower.

(f) For a glider rating. A person who

applies for a commercial pilot certificate

with a glider category rating must log at

least:

(1) 25 hours as a pilot in gliders and

100 flights in gliders as pilot in

command; which includes at least—

(i) 3 hours of flight training or 10

training flights in gliders on the areas of

operation listed in § 61.127(b)(6) of this

part;

(ii) 2 hours of solo flight that includes

not less than 10 solo flights in gliders on

the areas of operation listed in

§ 61.127(b)(6) of this part; and

(iii) Three training flights in

preparation for the practical test within

the 60-day period preceding the date of

the test; or

(2) 200 hours of flight time as a pilot

in heavier-than-air aircraft, and 20

flights in gliders as pilot in command,

which includes at least—

(i) 3 hours of flight training or 10

training flights on the areas of operation

listed in § 61.127(b)(6) of this part;

(ii) Five solo flights in a glider on the

areas of operation listed in

§ 61.127(b)(6) of this part; and

(iii) Three training flights in

preparation for the practical test within

the 60-day period preceding the date of

the test.

(g) For an airship rating. A person

who applies for a commercial pilot

certificate with a lighter-than-air

category and airship class rating must

log at least 200 hours of flight time as

a pilot, which includes at least the

following hours:

(1) 50 hours in airships.

(2) 30 hours of pilot-in-command time

in airships, which consists of at least—

(i) 10 hours of cross-country flight

time in airships; and

(ii) 10 hours of night flight time in

airships.

(3) 40 hours of instrument time,

which consists of at least 20 hours in

flight, of which 10 hours must be in

flight in airships.

(4) 20 hours of flight training in

airships on the areas of operation listed

in § 61.127(b)(7) of this part, which

includes at least—

(i) 3 hours in an airship in preparation

for the practical test within the 60-day

period preceding the date of the test;

(ii) One cross-country flight of at least

1 hour in duration in an airship in day

VFR conditions, consisting of a total

straight-line distance of more than 25

nautical miles from the original point of

departure; and

(iii) One cross-country flight of at

least 1 hour in duration in an airship in

night VFR conditions, consisting of a

total straight-line distance of more than

25 nautical miles from the original point

of departure.

(5) 10 hours of flight training

performing the functions of pilot in

command with an authorized instructor

on the areas of operation listed in

§ 61.127(b)(7) of this part, which

includes at least—

(i) One cross-country flight with

landings at a minimum of three points,

with one segment consisting of a

straight-line distance of at least 25

nautical miles from the original point of

departure; and

(ii) 5 hours in night VFR conditions

with 10 takeoffs and 10 landings (with

each landing involving a flight in the

traffic pattern).

(h) For a balloon rating. A person who

applies for a commercial pilot certificate

with a lighter-than-air category and a

balloon class rating must log at least 35

hours of flight time as a pilot, which

includes at least the following

requirements:

(1) 20 hours in balloons;

(2) 10 flights in balloons;

(3) Two flights in balloons as the pilot

in command; and

(4) 10 hours of flight training that

includes at least 10 training flights in

balloons on the areas of operation listed

in § 61.127(b)(8) of this part, which

consists of at least—

(i) For a gas balloon—

(A) Two training flights of 2 hours

each in a gas balloon on the areas of

operation appropriate to a gas balloon

within 60 days prior to application for

the rating;

(B) Two flights performing the

functions of pilot in command in a gas

balloon on the appropriate areas of

operation; and

(C) One flight involving a controlled

ascent to 5,000 feet above the launch

site.

(ii) For a balloon with an airborne

heater—
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16337

(A) Two training flights of 1 hour each

in a balloon with an airborne heater on

the areas of operation appropriate to a

balloon with an airborne heater within

60 days prior to application for the

rating;

(B) Two solo flights in a balloon with

an airborne heater on the appropriate

areas of operation; and

(C) One flight involving a controlled

ascent to 3,000 feet above the launch

site.

(i) Permitted credit for use of an

approved flight simulator or approved

flight training device. (1) Except as

provided in paragraph (i)(3) of this

section, an applicant who has not

accomplished the training required by

this section in a course conducted by a

training center certificated under part

142 of this chapter may:

(i) Credit a maximum of 50 hours

toward the total aeronautical experience

requirements for an airplane or

powered-lift rating, provided the

aeronautical experience was obtained

from an authorized instructor in an

approved flight simulator or an

approved flight training device that

represents that class of airplane or

powered-lift category and type, if

applicable, appropriate to the rating

sought; and

(ii) Credit a maximum of 25 hours

toward the total aeronautical experience

requirements of this section for a

helicopter rating, provided the

aeronautical experience was obtained

from an authorized instructor in an

approved flight simulator or an

approved flight training device that

represents a helicopter and type, if

applicable, appropriate to the rating

sought.

(2) Except as provided in paragraph

(i)(3) of this section, an applicant who

has accomplished the training required

by this section in a course conducted by

a training center certificated under part

142 of this chapter may:

(i) Credit a maximum of 100 hours

toward the total aeronautical experience

requirements of this section for an

airplane and powered-lift rating,

provided the aeronautical experience

was obtained from an authorized

instructor in an approved flight

simulator or an approved flight training

device that represents that class of

airplane or powered-lift category and

type, if applicable, appropriate to the

rating sought; and

(ii) Credit a maximum of 50 hours

toward the total aeronautical experience

requirements of this section for a

helicopter rating, provided the

aeronautical experience was obtained

from an authorized instructor in an

approved flight simulator or an

approved flight training device that

represents a helicopter and type, if

applicable, appropriate to the rating

sought.

(3) Except when fewer hours are

approved by the Administrator, an

applicant for a commercial pilot

certificate with an airplane, helicopter,

or a powered-lift rating who has

satisfactorily completed an approved

commercial pilot course conducted by a

training center certificated under part

142 of this chapter need only have the

following total aeronautical experience

to meet the aeronautical experience

requirements of this section:

(i) 190 hours for an airplane or

powered-lift rating; and

(ii) 150 hours for a helicopter rating.

§ 61.131 Exceptions to the night flying

requirements.

(a) Subject to the limitations of

paragraph (b) of this section, a person is

not required to comply with the night

flight training requirements of this

subpart if the person receives flight

training in and resides in the State of

Alaska.

(b) A person who receives flight

training in and resides in the State of

Alaska but does not meet the night flight

training requirements of this section:

(1) May be issued a pilot certificate

with the limitation ‘‘night flying

prohibited.’’

(2) Must comply with the appropriate

night flight training requirements of this

subpart within the 12-calendar-month

period after the issuance of the pilot

certificate. At the end of that period, the

certificate will be suspended until the

person complies with the appropriate

night flight training requirements of this

subpart. The person may have the

‘‘night flying prohibited’’ limitation

removed if the person—

(i) Accomplishes the appropriate

night flight training requirements of this

subpart; and

(ii) Presents to an examiner a logbook

or training record endorsement from an

authorized instructor that verifies

accomplishment of the appropriate

night flight training requirements of this

subpart.

§ 61.133 Commercial pilot privileges and

limitations.

(a) Privileges. (1) General. A person

who holds a commercial pilot certificate

may act as pilot in command of an

aircraft—

(i) Carrying persons or property for

compensation or hire, provided the

person is qualified in accordance with

this part and with the applicable parts

of this chapter that apply to the

operation; and

(ii) For compensation or hire,

provided the person is qualified in

accordance with this part and with the

applicable parts of this chapter that

apply to the operation.

(2) Commercial pilots with lighterthan-air category ratings. A person with

a commercial pilot certificate with a

lighter-than-air category rating may—

(i) For an airship—(A) Give flight and

ground training in an airship for the

issuance of a certificate or rating;

(B) Give an endorsement on a pilot

certificate for an airship;

(C) Endorse a student pilot certificate

or logbook for solo operating privileges

in an airship; and

(D) Act as pilot in command of an

airship under IFR or in weather

conditions less than the minimum

prescribed for VFR flight.

(ii) For a balloon—(A) Give flight and

ground training in a balloon for the

issuance of a certificate or rating;

(B) Give an endorsement on a pilot

certificate for a balloon; and

(C) Endorse a student pilot certificate

or logbook for solo operating privileges

in a balloon.

(b) Limitations. (1) A person who

applies for a commercial pilot certificate

with an airplane category or poweredlift category rating and does not hold an

instrument rating in the same category

and class will be issued a commercial

pilot certificate that contains the

limitation, ‘‘The carriage of passengers

for hire in (airplanes) (powered-lifts) on

cross-country flights in excess of 50

nautical miles or at night is prohibited.’’

The limitation may be removed when

the person satisfactorily accomplishes

the requirements listed in § 61.65 of this

part for an instrument rating in the same

category and class of aircraft listed on

the person’s commercial pilot

certificate.

(2) If a person who applies for a

commercial pilot certificate with a

balloon rating takes a practical test in a

balloon with an airborne heater—

(i) The pilot certificate will contain a

limitation restricting the exercise of the

privileges of that certificate to a balloon

with an airborne heater.

(ii) The limitation specified in

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

removed when the person obtains the

required aeronautical experience in a

gas balloon and receives a logbook

endorsement from an authorized

instructor who attests to the person’s

accomplishment of the required

aeronautical experience and ability to

satisfactorily operate a gas balloon.

(3) If a person who applies for a

commercial pilot certificate with a

balloon rating takes a practical test in a

gas balloon—
16338 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The pilot certificate will contain a

limitation restricting the exercise of the

privileges of that certificate to a gas

balloon.

(ii) The limitation specified in

paragraph (b)(3)(i) of this section may be

removed when the person obtains the

required aeronautical experience in a

balloon with an airborne heater and

receives a logbook endorsement from an

authorized instructor who attests to the

person’s accomplishment of the

required aeronautical experience and

ability to satisfactorily operate a balloon

with an airborne heater.

§ 61.135—61.141 [Reserved]

Subpart G—Airline Transport Pilots

§ 61.151 Applicability.

This subpart prescribes the

requirements for the issuance of airline

transport pilot certificates and ratings,

the conditions under which those

certificates and ratings are necessary,

and the general operating rules for

persons who hold those certificates and

ratings.

§ 61.153 Eligibility requirements: General.

To be eligible for an airline transport

pilot certificate, a person must:

(a) Be at least 23 years of age;

(b) Be able to read, speak, write, and

understand the English language. If the

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

pilot certificate as are necessary for the

safe operation of the aircraft;

(c) Be of good moral character;

(d) Meet at least one of the following

requirements:

(1) Hold at least a commercial pilot

certificate and an instrument rating;

(2) Meet the military experience

requirements under § 61.73 of this part

to qualify for a commercial pilot

certificate, and an instrument rating if

the person is a rated military pilot or

former rated military pilot of an Armed

Force of the United States; or

(3) Hold either a foreign airline

transport pilot or foreign commercial

pilot license and an instrument rating if

the person holds a pilot license issued

by a contracting State to the Convention

on International Civil Aviation.

(e) Meet the aeronautical experience

requirements of this subpart that apply

to the aircraft category and class rating

sought before applying for the practical

test;

(f) Pass a knowledge test on the

aeronautical knowledge areas of

§ 61.155(c) of this part that apply to the

aircraft category and class rating sought;

(g) Pass the practical test on the areas

of operation listed in § 61.157(e) of this

part that apply to the aircraft category

and class rating sought; and

(h) Comply with the sections of this

part that apply to the aircraft category

and class rating sought.

§ 61.155 Aeronautical knowledge.

(a) General. The knowledge test for an

airline transport pilot certificate is based

on the aeronautical knowledge areas

listed in paragraph (c) of this section

that are appropriate to the aircraft

category and class rating sought.

(b) Aircraft type rating. A person who

is applying for an additional aircraft

type rating to be added to an airline

transport pilot certificate is not required

to pass a knowledge test if that person’s

airline transport pilot certificate lists the

aircraft category and class rating that is

appropriate to the type rating sought.

(c) Aeronautical knowledge areas. (1)

Applicable Federal Aviation

Regulations of this chapter that relate to

airline transport pilot privileges,

limitations, and flight operations;

(2) Meteorology, including knowledge

of and effects of fronts, frontal

characteristics, cloud formations, icing,

and upper-air data;

(3) General system of weather and

NOTAM collection, dissemination,

interpretation, and use;

(4) Interpretation and use of weather

charts, maps, forecasts, sequence

reports, abbreviations, and symbols;

(5) National Weather Service

functions as they pertain to operations

in the National Airspace System;

(6) Windshear and microburst

awareness, identification, and

avoidance;

(7) Principles of air navigation under

instrument meteorological conditions in

the National Airspace System;

(8) Air traffic control procedures and

pilot responsibilities as they relate to en

route operations, terminal area and

radar operations, and instrument

departure and approach procedures;

(9) Aircraft loading, weight and

balance, use of charts, graphs, tables,

formulas, and computations, and their

effect on aircraft performance;

(10) Aerodynamics relating to an

aircraft’s flight characteristics and

performance in normal and abnormal

flight regimes;

(11) Human factors;

(12) Aeronautical decision making

and judgment; and

(13) Crew resource management to

include crew communication and

coordination.

§ 61.157 Flight proficiency.

(a) General. (1) The practical test for

an airline transport pilot certificate is

given for—

(i) An airplane category and singleengine class rating;

(ii) An airplane category and

multiengine class rating;

(iii) A rotorcraft category and

helicopter class rating;

(iv) A powered-lift category rating;

and

(v) An aircraft type rating for the

category and class ratings listed in

paragraphs (a)(1)(i) through (a)(1)(iv) of

this section.

(2) A person who is applying for an

airline transport pilot practical test must

meet—

(i) The eligibility requirements of

§ 61.153 of this part; and

(ii) The aeronautical knowledge and

aeronautical experience requirements of

this subpart that apply to the aircraft

category and class rating sought.

(b) Aircraft type rating. Except as

provided in paragraph (c) of this

section, a person who is applying for an

aircraft type rating to be added to an

airline transport pilot certificate:

(1) Must receive and log ground and

flight training from an authorized

instructor on the areas of operation in

this section that apply to the aircraft

type rating sought;

(2) Must receive a logbook

endorsement from an authorized

instructor certifying that the applicant

completed the training on the areas of

operation listed in paragraph (e) of this

section that apply to the aircraft type

rating sought; and

(3) Must perform the practical test

under instrument flight rules, unless the

practical test cannot be accomplished

under instrument flight rules because

the aircraft’s type certificate makes the

aircraft incapable of operating under

instrument flight rules. If the practical

test cannot be accomplished for this

reason, the person may obtain a type

rating limited to ‘‘VFR only.’’ The ‘‘VFR

only’’ limitation may be removed for

that aircraft type when the person

passes the practical test under

instrument flight rules.

(c) A person who is applying for an

aircraft type rating to be added to an

airline transport pilot certificate or an

aircraft type rating concurrently with an

airline transport pilot certificate, and

who is an employee of a certificate

holder operating under part 121 or part

135 of this chapter, need not comply

with the requirements of paragraph (b)

of this section if the applicant presents

a training record that shows satisfactory

completion of that certificate holder’s

approved pilot in command training
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16339

program for the aircraft type rating

sought.

(d) Any type rating(s) on the pilot

certificate of an applicant who

successfully completes an airline

transport pilot practical test shall be

included on the airline transport pilot

certificate with the privileges and

limitations of the airline transport pilot

certificate, provided the applicant

passes the practical test in the same

category and class of aircraft for which

the applicant holds the type rating(s).

However, if a type rating for that

category and class of aircraft on the

superseded pilot certificate is limited to

VFR, that limitation shall be carried

forward to the person’s airline transport

pilot certificate level.

(e) Areas of operation. (1) For an

airplane category—single-engine class

rating: (i) Preflight preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to

landings;

(vii) Normal and abnormal

procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

(2) For an airplane category—

multiengine class rating: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to

landings;

(vii) Normal and abnormal

procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

(3) For a powered-lift category rating:

(i) Preflight preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to

landings;

(vii) Normal and abnormal

procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

(4) For a rotorcraft category—

helicopter class rating: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to

landings;

(vii) Normal and abnormal

procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

(f) Proficiency and competency checks

conducted under part 121 or part 135.

(1) Successful completion of a

proficiency check under § 121.441 of

this chapter or successful completion of

both a competency check, under

§ 135.293 of this chapter, and a pilot-incommand instrument proficiency check,

under § 135.297 of this chapter, satisfies

the requirements of this section for the

appropriate aircraft rating.

(2) Any check or combination of

checks used to satisfy the requirements

of this section must include all

maneuvers and procedures required for

the issuance of a type rating. Any check

must be evaluated by a designated

examiner or FAA inspector.

(g) Use of an approved flight

simulator or approved flight training

device for an airplane rating. If an

approved flight simulator or approved

flight training device is used for

accomplishing any of the training and

the required practical test for an airline

transport pilot certificate with an

airplane category, class, and type rating,

if applicable, the applicant, approved

flight simulator, and approved flight

training device are subject to the

following requirements:

(1) The approved flight simulator and

approved flight training device must

represent that airplane type if the rating

involves a type rating in an airplane, or

is representative of an airplane if the

applicant is only seeking an airplane

class rating and does not require a type

rating.

(2) The approved flight simulator and

approved flight training device must be

used in accordance with an approved

course at a training center certificated

under part 142 of this chapter.

(3) All training and testing (except

preflight inspection) must be

accomplished by the applicant to

receive an airplane class rating and type

rating, if applicable, without limitations

and—

(i) The flight simulator must be

approved as Level C or Level D; and

(ii) The applicant must meet the

aeronautical experience requirements of

§ 61.159 of this part and at least one of

the following—

(A) Hold a type rating for a turbojet

airplane of the same class of airplane for

which the type rating is sought, or have

been designated by a military service as

a pilot in command of an airplane of the

same class of airplane for which the

type rating is sought, if a turbojet type

rating is sought;

(B) Hold a type rating for a

turbopropeller airplane of the same

class as the airplane for which the type

rating is sought, or have been appointed

by a military service as a pilot in

command of an airplane of the same

class of airplane for which the type

rating is sought, if a turbopropeller

airplane type rating is sought;

(C) Have at least 2,000 hours of flight

time, of which 500 hours must be in

turbine-powered airplanes of the same

class as the airplane for which the type

rating is sought;

(D) Have at least 500 hours of flight

time in the same type of airplane as the

airplane for which the type rating is

sought; or

(E) Have at least 1,000 hours of flight

time in at least two different airplanes

requiring a type rating.

(4) Subject to the limitation of

paragraph (g)(5) of this section, an

applicant who does not meet the

requirements of paragraph (g)(3) of this

section may complete all training and

testing (except for preflight inspection)

for an additional rating if—

(i) The flight simulator is approved as

Level C or Level D; and

(ii) The applicant meets the

aeronautical experience requirements of

§ 61.159 of this part and at least one of

the following—

(A) Holds a type rating in a propellerdriven airplane if a type rating in a

turbojet airplane is sought, or holds a

type rating in a turbojet airplane if a

type rating in a propeller-driven

airplane is sought;

(B) Since the beginning of the 12th

calendar month before the month in

which the applicant completes the

practical test for the additional rating,

has logged—

(1) At least 100 hours of flight time in

airplanes in the same class as the

airplane for which the type rating is

sought and which requires a type rating;

and

(2) At least 25 hours of flight time in

airplanes of the same type for which the

type rating is sought.

(5) An applicant meeting only the

requirements of paragraph (g)(4)(ii)(A)

and (B) of this section will be issued an

additional rating, or an airline transport

pilot certificate with an added rating, as

applicable, with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the additional rating.’’

(6) An applicant who has been issued

a certificate with the limitation

specified in paragraph (g)(5) of this

section—

(i) May not act as pilot in command

of the aircraft for which an additional

rating was obtained under the

provisions of this section until the

limitation is removed from the

certificate; and
16340 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(ii) May have the limitation removed

by accomplishing 15 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an airplane of the

same type for which the limitation

applies.

(7) An applicant who does not meet

the requirements of paragraph

(g)(3)(ii)(A) through (E) or (g)(4)(ii)(A)

and (B) of this section may be issued an

airline transport pilot certificate or an

additional rating to that pilot certificate

after successful completion of one of the

following requirements—

(i) An approved course at a part 142

training center that includes all training

and testing for that certificate or rating,

followed by training and testing on the

following tasks, which must be

successfully completed on a static

airplane or in flight, as appropriate—

(A) Preflight inspection;

(B) Normal takeoff;

(C) Normal ILS approach;

(D) Missed approach; and

(E) Normal landing.

(ii) An approved course at a part 142

training center that complies with

paragraphs (g)(8) and (g)(9) of this

section and includes all training and

testing for a certificate or rating.

(8) An applicant meeting only the

requirements of paragraph (g)(7) of this

section will be issued an additional

rating or an airline transport pilot

certificate with an additional rating, as

applicable, with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the additional rating.’’

(9) An applicant issued a pilot

certificate with the limitation specified

in paragraph (g)(8) of this section—

(i) May not act as pilot in command

of the aircraft for which an additional

rating was obtained under the

provisions of this section until the

limitation is removed from the

certificate; and

(ii) May have the limitation removed

by accomplishing 25 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an airplane of the

same type for which the limitation

applies.

(h) Use of an approved flight

simulator or an approved flight training

device for a helicopter rating. If an

approved flight simulator or approved

flight training device is used for

accomplishing any of the training and

the required practical test for an airline

transport pilot certificate with a

helicopter class rating and type rating,

if applicable, the applicant, approved

flight simulator, and approved flight

training device are subject to the

following requirements:

(1) The approved flight simulator and

approved flight training device must

represent that helicopter type if the

rating involves a type rating in a

helicopter, or is representative of a

helicopter if the applicant is only

seeking a helicopter class rating and

does not require a type rating.

(2) The approved flight simulator and

approved flight training device must be

used in accordance with an approved

course at a training center certificated

under part 142 of this chapter.

(3) All training and testing

requirements (except preflight

inspection) must be accomplished by

the applicant to receive a helicopter

class rating and type rating, if

applicable, without limitations and—

(i) The flight simulator must be

approved as a Level C or Level D; and

(ii) The applicant must meet the

aeronautical experience requirements of

§ 61.161 of this part and at least one of

the following—

(A) Hold a type rating for a turbinepowered helicopter, or have been

designated by a military service as a

pilot in command of a turbine-powered

helicopter, if a turbine-powered

helicopter type rating is sought;

(B) Have at least 1,200 hours of flight

time, of which 500 hours must be in

turbine-powered helicopters;

(C) Have at least 500 hours of flight

time in the same type helicopter as the

helicopter for which the type rating is

sought; or

(D) Have at least 1,000 hours of flight

time in at least two different helicopters

requiring a type rating.

(4) Subject to the limitation of

paragraph (h)(5) of this section, an

applicant who does not meet the

requirements of paragraph (h)(3) of this

section may complete all training and

testing (except for preflight inspection)

for an additional rating if—

(i) The flight simulator is approved as

Level C or Level D; and

(ii) The applicant meets the

aeronautical experience requirements of

§ 61.161 of this part and, since the

beginning of the 12th calendar month

before the month in which the applicant

completes the practical test for the

additional rating, has logged—

(A) At least 100 hours of flight time

in helicopters; and

(B) At least 15 hours of flight time in

helicopters of the same type of

helicopter for which the type rating is

sought.

(5) An applicant meeting only the

requirements of paragraph (h)(4)(ii) (A)

and (B) of this section will be issued an

additional rating or an airline transport

pilot certificate with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the additional rating.’’

(6) An applicant who has been issued

a certificate with the limitation

specified in paragraph (h)(5) of this

section—

(i) May not act as pilot in command

of the helicopter for which an additional

rating was obtained under the

provisions of this section until the

limitation is removed from the

certificate; and

(ii) May have the limitation removed

by accomplishing 15 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in a helicopter of the

same type for which the limitation

applies.

(7) An applicant who does not meet

the requirements of paragraph (h)(3)(ii)

(A) through (D), or (h)(4)(ii) (A) and (B)

of this section may be issued an airline

transport pilot certificate or an

additional rating to that pilot certificate

after successful completion of one of the

following requirements—

(i) An approved course at a part 142

training center that includes all training

and testing for that certificate or rating,

followed by training and testing on the

following tasks, which must be

successfully completed on a static

aircraft or in flight, as appropriate—

(A) Preflight inspection;

(B) Normal takeoff from a hover;

(C) Manually flown precision

approach; and

(D) Steep approach and landing to an

off-airport heliport; or

(ii) An approved course at a training

center that includes all training and

testing for that certificate or rating and

compliance with paragraphs (h)(8) and

(h)(9) of this section.

(8) An applicant meeting only the

requirements of paragraph (h)(7) of this

section will be issued an additional

rating or an airline transport pilot

certificate with an additional rating, as

applicable, with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the additional rating.’’

(9) An applicant issued a certificate

with the limitation specified in

paragraph (h)(8) of this section—

(i) May not act as pilot in command

of the aircraft for which an additional

rating was obtained under the

provisions of this section until the
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16341

limitation is removed from the

certificate; and

(ii) May have the limitation removed

by accomplishing 25 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an aircraft of the

same type for which the limitation

applies.

(i) Use of an approved flight simulator

or approved flight training device for a

powered-lift rating. If an approved flight

simulator or approved flight training

device is used for accomplishing any of

the training and the required practical

test for an airline transport pilot

certificate with a powered-lift category

rating and type rating, if applicable, the

applicant, approved flight simulator,

and approved flight training device are

subject to the following requirements:

(1) The approved flight simulator and

approved flight training device must

represent that powered-lift type, if the

rating involves a type rating in a

powered-lift, or is representative of a

powered-lift if the applicant is only

seeking a powered-lift category rating

and does not require a type rating.

(2) The approved flight simulator and

approved flight training device must be

used in accordance with an approved

course at a training center certificated

under part 142 of this chapter.

(3) All training and testing

requirements (except preflight

inspection) must be accomplished by

the applicant to receive a powered-lift

category rating and type rating, if

applicable, without limitations; and—

(i) The flight simulator must be

approved as Level C or Level D; and

(ii) The applicant must meet the

aeronautical experience requirements of

§ 61.163 of this part and at least one of

the following—

(A) Hold a type rating for a turbinepowered powered-lift, or have been

designated by a military service as a

pilot in command of a turbine-powered

powered-lift, if a turbine-powered

powered-lift type rating is sought;

(B) Have at least 1,200 hours of flight

time, of which 500 hours must be in

turbine-powered powered-lifts;

(C) Have at least 500 hours of flight

time in the same type of powered-lift for

which the type rating is sought; or

(D) Have at least 1,000 hours of flight

time in at least two different poweredlifts requiring a type rating.

(4) Subject to the limitation of

paragraph (i)(5) of this section, an

applicant who does not meet the

requirements of paragraph (i)(3) of this

section may complete all training and

testing (except for preflight inspection)

for an additional rating if—

(i) The flight simulator is approved as

Level C or Level D; and

(ii) The applicant meets the

aeronautical experience requirements of

§ 61.163 of this part and, since the

beginning of the 12th calendar month

before the month in which the applicant

completes the practical test for the

additional rating, has logged—

(A) At least 100 hours of flight time

in powered-lifts; and

(B) At least 15 hours of flight time in

powered-lifts of the same type of

powered-lift for the type rating sought.

(5) An applicant meeting only the

requirements of paragraph (i)(4)(ii) (A)

and (B) of this section will be issued an

additional rating or an airline transport

pilot certificate with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the additional rating.’’

(6) An applicant who has been issued

a certificate with the limitation

specified in paragraph (i)(5) of this

section—

(i) May not act as pilot in command

of the powered-lift for which an

additional rating was obtained under

the provisions of this section until the

limitation is removed from the

certificate; and

(ii) May have the limitation removed

by accomplishing 15 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in a powered-lift of

the same type for which the limitation

applies.

(7) An applicant who does not meet

the requirements of paragraph (i)(3)(ii)

(A) through (D) or (i)(4)(ii) (A) and (B)

of this section may be issued an airline

transport pilot certificate or an

additional rating to that pilot certificate

after successful completion of one of the

following requirements—

(i) An approved course at a part 142

training center that includes all training

and testing for that certificate or rating,

followed by training and testing on the

following tasks, which must be

successfully completed on a static

aircraft or in flight, as appropriate—

(A) Preflight inspection;

(B) Normal takeoff from a hover;

(C) Manually flown precision

approach; and

(D) Steep approach and landing to an

off-airport site; or

(ii) An approved course at a training

center that includes all training and

testing for that certificate or rating and

is in compliance with paragraphs (i)(8)

and (i)(9) of this section.

(8) An applicant meeting only the

requirements of paragraph (i)(7) of this

section will be issued an additional

rating or an airline transport pilot

certificate with an additional rating, as

applicable, with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the additional rating.’’

(9) An applicant issued a pilot

certificate with the limitation specified

in paragraph (i)(8) of this section—

(i) May not act as pilot in command

of the aircraft for which an additional

rating was obtained under the

provisions of this section until the

limitation is removed from the

certificate; and

(ii) May have the limitation removed

by accomplishing 25 hours of

supervised operating experience as pilot

in command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in a powered-lift of

the same type for which the limitation

applies.

(j) Waiver authority. Unless the

Administrator requires certain or all

tasks to be performed, the examiner who

conducts the practical test for an airline

transport pilot certificate may waive any

of the tasks for which the Administrator

approves waiver authority.

§ 61.158 [Reserved]

§ 61.159 Aeronautical experience: Airplane

category rating.

(a) Except as provided in paragraphs

(b), (c), and (d) of this section, a person

who is applying for an airline transport

pilot certificate with an airplane

category and class rating must have at

least 1,500 hours of total time as a pilot

that includes at least:

(1) 500 hours of cross-country flight

time.

(2) 100 hours of night flight time.

(3) 75 hours of instrument flight time,

in actual or simulated instrument

conditions, subject to the following:

(i) Except as provided in paragraph

(a)(3)(ii) of this section, an applicant

may not receive credit for more than a

total of 25 hours of simulated

instrument time in an approved flight

simulator or approved flight training

device.

(ii) A maximum of 50 hours of

training in an approved flight simulator

or approved flight training device may

be credited toward the instrument flight

time requirements of paragraph (a)(3) of

this section if the training was

accomplished in a course conducted by

a training center certificated under part

142 of this chapter.

(iii) Training in a flight simulator or

flight training device must be
16342 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

accomplished in an approved flight

simulator or approved flight training

device, representing an airplane.

(4) 250 hours of flight time in an

airplane as a pilot in command, or as

second in command performing the

duties and functions of a pilot in

command while under the supervision

of a pilot in command or any

combination thereof, which includes at

least—

(i) 100 hours of cross-country flight

time; and

(ii) 25 hours of night flight time.

(5) Not more than 100 hours of the

total aeronautical experience

requirements of paragraph (a) of this

section may be obtained in an approved

flight simulator or approved flight

training device that represents an

airplane, provided the aeronautical

experience was obtained in an approved

course conducted by a training center

certificated under part 142 of this

chapter.

(b) A person who has performed at

least 20 night takeoffs and landings to

a full stop may substitute each

additional night takeoff and landing to

a full stop for 1 hour of night flight time

to satisfy the requirements of paragraph

(a)(2) of this section; however, not more

than 25 hours of night flight time may

be credited in this manner.

(c) A commercial pilot may credit the

following second-in-command flight

time or flight-engineer flight time

toward the 1,500 hours of total time as

a pilot required by paragraph (a) of this

section:

(1) second in command time,

provided the time is acquired in an

airplane—

(i) Required to have more than one

pilot by the airplane’s flight manual,

type certificate, or the regulations under

which the flight is being conducted;

(ii) Engaged in operations under part

121 or part 135 of this chapter for which

a second in command is required; or

(iii) That is required by the operating

rules of this chapter to have more than

one pilot.

(2) Flight-engineer time, provided the

time—

(i) Is acquired in an airplane required

to have a flight engineer by the

airplane’s flight manual or type

certificate;

(ii) Is acquired while engaged in

operations under part 121 of this

chapter for which a flight engineer is

required;

(iii) Is acquired while the person is

participating in a pilot training program

approved under part 121 of this chapter;

and

(iv) Does not exceed more than 1 hour

for each 3 hours of flight engineer flight

time for a total credited time of no more

than 500 hours.

(d) An applicant may be issued an

airline transport pilot certificate with

the endorsement, ‘‘Holder does not meet

the pilot in command aeronautical

experience requirements of ICAO,’’ as

prescribed by Article 39 of the

Convention on International Civil

Aviation, if the applicant:

(1) Credits second in command or

flight-engineer time under paragraph (c)

of this section toward the 1,500 hours

total flight time requirement of

paragraph (a) of this section;

(2) Does not have at least 1,200 hours

of flight time as a pilot, including no

more than 50 percent of his or her

second in command time and none of

his or her flight-engineer time; and

(3) Otherwise meets the requirements

of paragraph (a) of this section.

(e) When the applicant specified in

paragraph (d) of this section presents

satisfactory evidence of the

accumulation of 1,200 hours of flight

time as a pilot including no more than

50 percent of his or her second-incommand flight time and none of his or

her flight-engineer time, the applicant is

entitled to an airline transport pilot

certificate without the endorsement

prescribed in that paragraph.

§ 61.161 Aeronautical experience:

Rotorcraft category and helicopter class

rating.

(a) A person who is applying for an

airline transport pilot certificate with a

rotorcraft category and helicopter class

rating, must have at least 1,200 hours of

total time as a pilot that includes at

least:

(1) 500 hours of cross-country flight

time;

(2) 100 hours of night flight time, of

which 15 hours are in helicopters;

(3) 200 hours of flight time in

helicopters, which includes at least 75

hours as a pilot in command, or as

second in command performing the

duties and functions of a pilot in

command under the supervision of a

pilot in command, or any combination

thereof; and

(4) 75 hours of instrument flight time

in actual or simulated instrument

meteorological conditions, of which at

least 50 hours are obtained in flight with

at least 25 hours in helicopters as a pilot

in command, or as second in command

performing the duties and functions of

a pilot in command under the

supervision of a pilot in command, or

any combination thereof.

(b) Training in an approved flight

simulator or approved flight training

device may be credited toward the

instrument flight time requirements of

paragraph (a)(4) of this section, subject

to the following:

(1) Training in a flight simulator or a

flight training device must be

accomplished in an approved flight

simulator or approved flight training

device that represents a rotorcraft.

(2) Except as provided in paragraph

(b)(3) of this section, an applicant may

receive credit for not more than a total

of 25 hours of simulated instrument

time in an approved flight simulator and

approved flight training device.

(3) A maximum of 50 hours of

training in an approved flight simulator

or approved flight training device may

be credited toward the instrument flight

time requirements of paragraph (a)(4) of

this section if the aeronautical

experience is accomplished in an

approved course conducted by a

training center certificated under part

142 of this chapter.

§ 61.163 Aeronautical experience:

Powered-lift category rating.

(a) A person who is applying for an

airline transport pilot certificate with a

powered-lift category rating must have

at least 1,500 hours of total time as a

pilot that includes at least:

(1) 500 hours of cross-country flight

time;

(2) 100 hours of night flight time;

(3) 250 hours in a powered-lift as a

pilot in command, or as a second in

command performing the duties and

functions of a pilot in command under

the supervision of a pilot in command,

or any combination thereof, which

includes at least:

(i) 100 hours of cross-country flight

time; and

(ii) 25 hours of night flight time.

(4) 75 hours of instrument flight time

in actual or simulated instrument

conditions, subject to the following:

(i) Except as provided in paragraph

(a)(4)(ii) of this section, an applicant

may not receive credit for more than a

total of 25 hours of simulated

instrument time in an approved flight

simulator or approved flight training

device.

(ii) A maximum of 50 hours of

training in an approved flight simulator

or approved flight training device may

be credited toward the instrument flight

time requirements of paragraph (a)(4) of

this section if the training was

accomplished in a course conducted by

a training center certificated under part

142 of this chapter.

(iii) Training in a flight simulator or

flight training device must be

accomplished in an approved flight

simulator or approved flight training

device that represents a powered-lift.

(b) Not more than 100 hours of the

total aeronautical experience
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16343

requirements of paragraph (a) of this

section may be obtained in an approved

flight simulator or approved flight

training device that represents a

powered-lift, provided the aeronautical

experience was obtained in an approved

course conducted by a training center

certificated under part 142 of this

chapter.

§ 61.165 Additional aircraft category and

class ratings.

(a) Rotorcraft category and helicopter

class rating. A person applying for an

airline transport certificate with a

rotorcraft category and helicopter class

rating who holds an airline transport

pilot certificate with another aircraft

category rating must:

(1) Meet the eligibility requirements

of § 61.153 of this part;

(2) Pass a knowledge test on the

aeronautical knowledge areas of

§ 61.155(c) of this part;

(3) Comply with the requirements in

§ 61.157(b) of this part, if appropriate;

(4) Meet the applicable aeronautical

experience requirements of § 61.161 of

this part; and

(5) Pass the practical test on the areas

of operation of § 61.157(e)(4) of this

part.

(b) Airplane category rating with a

single-engine class rating. A person

applying for an airline transport

certificate with an airplane category and

single-engine class rating who holds an

airline transport pilot certificate with

another aircraft category or class rating

must:

(1) Meet the eligibility requirements

of § 61.153 of this part;

(2) Pass a knowledge test on the

aeronautical knowledge areas of

§ 61.155(c) of this part;

(3) Comply with the requirements in

§ 61.157(b) of this part, if appropriate;

(4) Meet the applicable aeronautical

experience requirements of § 61.159 of

this part; and

(5) Pass the practical test on the areas

of operation of § 61.157(e)(1) of this

part.

(c) Airplane category rating with a

multiengine class rating. A person

applying for an airline transport

certificate with an airplane category and

multiengine class rating who holds an

airline transport certificate with another

aircraft category or class rating must:

(1) Meet the eligibility requirements

of § 61.153 of this part;

(2) Pass a knowledge test on the

aeronautical knowledge areas of

§ 61.155(c) of this part;

(3) Comply with the requirements in

§ 61.157(b) of this part, if appropriate;

(4) Meet the applicable aeronautical

experience requirements of § 61.159 of

this part; and

(5) Pass the practical test on the areas

of operation of § 61.157(e)(2) of this

part.

(d) Powered-lift category. A person

applying for an airline transport pilot

certificate with a powered-lift category

rating who holds an airline transport

certificate with another aircraft category

rating must:

(1) Meet the eligibility requirements

of § 61.153 of this part;

(2) Pass a required knowledge test on

the aeronautical knowledge areas of

§ 61.155(c) of this part;

(3) Comply with the requirements in

§ 61.157(b) of this part, if appropriate;

(4) Meet the applicable aeronautical

experience requirements of § 61.163 of

this part; and

(5) Pass the required practical test on

the areas of operation of § 61.157(e)(3) of

this part.

§ 61.167 Privileges.

(a) A person who holds an airline

transport pilot certificate is entitled to

the same privileges as those afforded a

person who holds a commercial pilot

certificate with an instrument rating.

(b) An airline transport pilot may

instruct—

(1) Other pilots in air transportation

service in aircraft of the category, class,

and type, as applicable, for which the

airline transport pilot is rated and

endorse the logbook or other training

record of the person to whom training

has been given;

(2) In approved flight simulators, and

approved flight training devices

representing the aircraft referenced in

paragraph (b)(1) of this section, when

instructing under the provisions of this

section and endorse the logbook or other

training record of the person to whom

training has been given;

(3) Only as provided in this section,

unless the airline transport pilot also

holds a flight instructor certificate, in

which case the holder may exercise the

instructor privileges of subpart H of part

61 for which he or she is rated; and

(4) In an aircraft, only if the aircraft

has functioning dual controls, when

instructing under the provisions of this

section.

(c) Excluding briefings and

debriefings, an airline transport pilot

may not instruct in aircraft, approved

flight simulators, and approved flight

training devices under this section—

(1) For more than 8 hours in any 24-

consecutive-hour period; or

(2) For more than 36 hours in any 7-

consecutive-day period.

(d) An airline transport pilot may not

instruct in Category II or Category III

operations unless he or she has been

trained and successfully tested under

Category II or Category III operations, as

applicable.

§ 61.161—69.171 [Reserved]

Subpart H—Flight Instructors

§ 61.181 Applicability.

This subpart prescribes the

requirements for the issuance of flight

instructor certificates and ratings, the

conditions under which those

certificates and ratings are necessary,

and the limitations on those certificates

and ratings.

§ 61.183 Eligibility requirements.

To be eligible for a flight instructor

certificate or rating a person must:

(a) Be at least 18 years of age;

(b) Be able to read, speak, write, and

understand the English language. If the

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

flight instructor certificate as are

necessary;

(c) Hold either a commercial pilot

certificate or airline transport pilot

certificate with:

(1) An aircraft category and class

rating that is appropriate to the flight

instructor rating sought; and

(2) An instrument rating, if the person

holds a commercial pilot certificate that

is appropriate to the flight instructor

rating sought, if applying for—

(i) A flight instructor certificate with

an airplane category and single-engine

class rating;

(ii) A flight instructor certificate with

an airplane category and multiengine

class rating;

(iii) A flight instructor certificate with

a powered-lift rating; or

(iv) A flight instructor certificate with

an instrument rating.

(d) Receive a logbook endorsement

from an authorized instructor on the

fundamentals of instructing listed in

§ 61.185 of this part appropriate to the

required knowledge test;

(e) Pass a knowledge test on the areas

listed in § 61.185(a) of this part, unless

the applicant:

(1) Holds a flight instructor certificate

or ground instructor certificate issued

under this part;

(2) Holds a current teacher’s

certificate issued by a State, county,

city, or municipality that authorizes the

person to teach at an educational level

of the 7th grade or higher; or

(3) Is employed as a teacher at an

accredited college or university.

(f) Pass a knowledge test on the

aeronautical knowledge areas listed in

§ 61.185(a)(2) and (a)(3) of this part that

are appropriate to the flight instructor

rating sought;
16344 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(g) Receive a logbook endorsement

from an authorized instructor on the

areas of operation listed in § 61.187(b) of

this part, appropriate to the flight

instructor rating sought;

(h) Pass the required practical test that

is appropriate to the flight instructor

rating sought in an:

(1) Aircraft that is representative of

the category and class of aircraft for the

aircraft rating sought; or

(2) Approved flight simulator or

approved flight training device that is

representative of the category and class

of aircraft for the rating sought, and

used in accordance with an approved

course at a training center certificated

under part 142 of this chapter.

(i) Accomplish the following for a

flight instructor certificate with an

airplane or a glider rating:

(1) Receive a logbook endorsement

from an authorized instructor indicating

that the applicant is competent and

possesses instructional proficiency in

stall awareness, spin entry, spins, and

spin recovery procedures after

providing the applicant with flight

training in those training areas in an

airplane or glider, as appropriate, that is

certificated for spins; and

(2) Demonstrate instructional

proficiency in stall awareness, spin

entry, spins, and spin recovery

procedures. However, upon

presentation of the endorsement

specified in paragraph (i)(1) of this

section an examiner may accept that

endorsement as satisfactory evidence of

instructional proficiency in stall

awareness, spin entry, spins, and spin

recovery procedures for the practical

test, provided that the practical test is

not a retest as a result of the applicant

failing the previous test for deficiencies

in the knowledge or skill of stall

awareness, spin entry, spins, or spin

recovery instructional procedures. If the

retest is a result of deficiencies in the

ability of an applicant to demonstrate

knowledge or skill of stall awareness,

spin entry, spins, or spin recovery

instructional procedures, the examiner

must test the person on stall awareness,

spin entry, spins, and spin recovery

instructional procedures in an airplane

or glider, as appropriate, that is

certificated for spins;

(j) Log at least 15 hours as pilot in

command in the category and class of

aircraft that is appropriate to the flight

instructor rating sought; and

(k) Comply with the appropriate

sections of this part that apply to the

flight instructor rating sought.

§ 61.185 Aeronautical knowledge.

(a) A person who is applying for a

flight instructor certificate must receive

and log ground training from an

authorized instructor on:

(1) Except as provided in paragraph

(b) of this section, the fundamentals of

instructing, including:

(i) The learning process;

(ii) Elements of effective teaching;

(iii) Student evaluation and testing;

(iv) Course development;

(v) Lesson planning; and

(vi) Classroom training techniques.

(2) The aeronautical knowledge areas

for a recreational, private, and

commercial pilot certificate applicable

to the aircraft category for which flight

instructor privileges are sought; and

(3) The aeronautical knowledge areas

for the instrument rating applicable to

the category for which instrument flight

instructor privileges are sought.

(b) The following applicants do not

need to comply with paragraph (a) of

this section:

(1) The holder of a flight instructor

certificate or ground instructor

certificate issued under this part;

(2) The holder of a current teacher’s

certificate issued by a State, county,

city, or municipality that authorizes the

person to teach at an educational level

of the 7th grade or higher; or

(3) A person employed as a teacher at

an accredited college or university.

§ 61.187 Flight proficiency.

(a) General. A person who is applying

for a flight instructor certificate must

receive and log flight and ground

training from an authorized instructor

on the areas of operation listed in this

section that apply to the flight instructor

rating sought. The applicant’s logbook

must contain an endorsement from an

authorized instructor certifying that the

person is proficient to pass a practical

test on those areas of operation.

(b) Areas of operation. (1) For an

airplane category rating with a singleengine class rating: (i) Fundamentals of

instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Preflight procedures;

(vi) Airport and seaplane base

operations;

(vii) Takeoffs, landings, and goarounds;

(viii) Fundamentals of flight;

(ix) Performance maneuvers;

(x) Ground reference maneuvers;

(xi) Slow flight, stalls, and spins;

(xii) Basic instrument maneuvers;

(xiii) Emergency operations; and

(xiv) Postflight procedures.

(2) For an airplane category rating

with a multiengine class rating: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Preflight procedures;

(vi) Airport and seaplane base

operations;

(vii) Takeoffs, landings, and goarounds;

(viii) Fundamentals of flight;

(ix) Performance maneuvers;

(x) Ground reference maneuvers;

(xi) Slow flight and stalls;

(xii) Basic instrument maneuvers;

(xiii) Emergency operations;

(xiv) Multiengine operations; and

(xv) Postflight procedures.

(3) For a rotorcraft category rating

with a helicopter class rating: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Preflight procedures;

(vi) Airport and heliport operations;

(vii) Hovering maneuvers;

(viii) Takeoffs, landings, and goarounds;

(ix) Fundamentals of flight;

(x) Performance maneuvers;

(xi) Emergency operations;

(xii) Special operations; and

(xiii) Postflight procedures.

(4) For a rotorcraft category rating

with a gyroplane class rating: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Preflight procedures;

(vi) Airport operations;

(vii) Takeoffs, landings, and goarounds;

(viii) Fundamentals of flight;

(ix) Performance maneuvers;

(x) Flight at slow airspeeds;

(xi) Ground reference maneuvers;

(xii) Emergency operations; and

(xiii) Postflight procedures.

(5) For a powered-lift category rating:

(i) Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Preflight procedures;

(vi) Airport and heliport operations;

(vii) Hovering maneuvers;

(viii) Takeoffs, landings, and goarounds;

(ix) Fundamentals of flight;

(x) Performance maneuvers;

(xi) Ground reference maneuvers;

(xii) Slow flight and stalls;

(xiii) Basic instrument maneuvers;

(xiv) Emergency operations;

(xv) Special operations; and
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16345

(xvi) Postflight procedures.

(6) For a glider category rating: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Preflight procedures;

(vi) Airport and gliderport operations;

(vii) Launches, landings, and goarounds;

(viii) Fundamentals of flight;

(ix) Performance speeds;

(x) Soaring techniques;

(xi) Performance maneuvers;

(xii) Slow flight, stalls, and spins;

(xiii) Emergency operations; and

(xiv) Postflight procedures.

(7) For an instrument rating with the

appropriate aircraft category and class

rating: (i) Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to

be performed in flight;

(v) Air traffic control clearances and

procedures;

(vi) Flight by reference to instruments;

(vii) Navigation aids;

(viii) Instrument approach

procedures;

(ix) Emergency operations; and

(x) Postflight procedures.

(c) The flight training required by this

section may be accomplished:

(1) In an aircraft that is representative

of the category and class of aircraft for

the rating sought; or

(2) In an approved flight simulator or

approved flight training device

representative of the category and class

of aircraft for the rating sought, and

used in accordance with an approved

course at a training center certificated

under part 142 of this chapter.

§ 61.189 Flight instructor records.

(a) A flight instructor must sign the

logbook of each person to whom that

instructor has given flight training or

ground training.

(b) A flight instructor must maintain

a record in a logbook or a separate

document that contains the following:

(1) The name of each person whose

logbook or student pilot certificate that

instructor has endorsed for solo flight

privileges, and the date of the

endorsement; and

(2) The name of each person that

instructor has endorsed for a knowledge

test or practical test, and the record

shall also indicate the kind of test, the

date, and the results.

(c) Each flight instructor must retain

the records required by this section for

at least 3 years.

§ 61.191 Additional flight instructor

ratings.

(a) A person who applies for an

additional flight instructor rating on a

flight instructor certificate must meet

the eligibility requirements listed in

§ 61.183 of this part that apply to the

flight instructor rating sought.

(b) A person who applies for an

additional rating on a flight instructor

certificate is not required to pass the

knowledge test on the areas listed in

§ 61.185(a) of this part.

§ 61.193 Flight instructor privileges.

A person who holds a flight instructor

certificate is authorized within the

limitations of that person’s flight

instructor certificate and ratings, and

that person’s pilot certificate and

ratings, to give training and

endorsements that are required for, and

relate to:

(a) A student pilot certificate;

(b) A pilot certificate;

(c) A flight instructor certificate;

(d) A ground instructor certificate;

(e) An aircraft rating;

(f) An instrument rating;

(g) A flight review, operating

privilege, or recency of experience

requirement of this part;

(h) A practical test; and

(i) A knowledge test.

§ 61.195 Flight instructor limitations and

qualifications.

A person who holds a flight instructor

certificate is subject to the following

limitations:

(a) Hours of training. In any 24-

consecutive-hour period, a flight

instructor may not conduct more than 8

hours of flight training.

(b) Aircraft ratings. A flight instructor

may not conduct flight training in any

aircraft for which the flight instructor

does not hold:

(1) A pilot certificate and flight

instructor certificate with the applicable

category and class rating; and

(2) If appropriate, a type rating.

(c) Instrument Rating. A flight

instructor who provides instrument

flight training for the issuance of an

instrument rating or a type rating not

limited to VFR must hold an instrument

rating on his or her flight instructor

certificate and pilot certificate that is

appropriate to the category and class of

aircraft in which instrument training is

being provided.

(d) Limitations on endorsements. A

flight instructor may not endorse a:

(1) Student pilot’s certificate or

logbook for solo flight privileges, unless

that flight instructor has—

(i) Given that student the flight

training required for solo flight

privileges required by this part; and

(ii) Determined that the student is

prepared to conduct the flight safely

under known circumstances, subject to

any limitations listed in the student’s

logbook that the instructor considers

necessary for the safety of the flight.

(2) Student pilot’s certificate and

logbook for a solo cross-country flight,

unless that flight instructor has

determined the student’s flight

preparation, planning, equipment, and

proposed procedures are adequate for

the proposed flight under the existing

conditions and within any limitations

listed in the logbook that the instructor

considers necessary for the safety of the

flight;

(3) Student pilot’s certificate and

logbook for solo flight in a Class B

airspace area or at an airport within

Class B airspace unless that flight

instructor has—

(i) Given that student ground and

flight training in that Class B airspace or

at that airport; and

(ii) Determined that the student is

proficient to operate the aircraft safely.

(4) Logbook of a recreational pilot,

unless that flight instructor has—

(i) Given that pilot the ground and

flight training required by this part; and

(ii) Determined that the recreational

pilot is proficient to operate the aircraft

safely.

(5) Logbook of a pilot for a flight

review, unless that instructor has

conducted a review of that pilot in

accordance with the requirements of

§ 61.56(a) of this part; or

(6) Logbook of a pilot for an

instrument proficiency check, unless

that instructor has tested that pilot in

accordance with the requirements of

§ 61.57(d) of this part.

(e) Training in an aircraft that

requires a type rating. A flight instructor

may not give flight training in an aircraft

that requires the pilot in command to

hold a type rating unless the flight

instructor holds a type rating for that

aircraft on his or her pilot certificate.

(f) Training received in a multiengine

airplane, a helicopter, or a powered-lift.

A flight instructor may not give training

required for the issuance of a certificate

or rating in a multiengine airplane, a

helicopter, or a powered-lift unless that

flight instructor has at least 5 flight

hours of pilot-in-command time in the

specific make and model of multiengine

airplane, helicopter, or powered-lift, as

appropriate.

(g) Position in aircraft and required

pilot stations for providing flight

training.

(1) A flight instructor must perform

all training from in an aircraft that

complies with the requirements of

§ 91.109 of this chapter.
16346 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(2) A flight instructor who provides

flight training for a pilot certificate or

rating issued under this part must

provide that flight training in an aircraft

that meets the following requirements—

(i) The aircraft must have at least two

pilot stations and be of the same

category, class, and type, if appropriate,

that applies to the pilot certificate or

rating sought.

(ii) For single-place aircraft, the presolo flight training must have been

provided in an aircraft that has two pilot

stations and is of the same category,

class, and type, if appropriate.

(h) Qualifications of the flight

instructor for training first-time flight

instructor applicants. (1) The ground

training provided to an initial applicant

for a flight instructor certificate must be

given by an authorized instructor who—

(i) Holds a current ground or flight

instructor certificate with the

appropriate rating, has held that

certificate for at least 24 months, and

has given at least 40 hours of ground

training; or

(ii) Holds a current ground or flight

instructor certificate with the

appropriate rating, and has given at least

100 hours of ground training in an FAAapproved course.

(2) Except for an instructor who meets

the requirements of paragraph (h)(3)(ii)

of this section, a flight instructor who

provides training to an initial applicant

for a flight instructor certificate must—

(i) Meet the eligibility requirements

prescribed in § 61.183 of this part;

(ii) Hold the appropriate flight

instructor certificate and rating;

(iii) Have held a flight instructor

certificate for at least 24 months;

(iv) 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; and

(v) For training in preparation for a

glider rating, have given at least 80

hours of flight training as a flight

instructor.

(3) A flight instructor who serves as

a flight instructor in an FAA-approved

course for the issuance of a flight

instructor rating must hold a current

flight instructor certificate with the

appropriate rating and pass the required

initial and recurrent flight instructor

proficiency tests, in accordance with the

requirements of the part under which

the FAA-approved course is conducted,

and must—

(i) Meet the requirements of paragraph

(h)(2) of this section; or

(ii) Have trained and endorsed at least

five applicants for a practical test for a

pilot certificate, flight instructor

certificate, ground instructor certificate,

or an additional rating, and at least 80

percent of those applicants passed that

test on their first attempt; and

(A) Given at least 400 hours of flight

training as a flight instructor for training

in an airplane, a rotorcraft, or for a

powered-lift rating; or

(B) Given at least 100 hours of flight

training as a flight instructor, for

training in a glider rating.

(i) Prohibition against selfendorsements. A flight instructor shall

not make any self-endorsement for a

certificate, rating, flight review,

authorization, operating privilege,

practical test, or knowledge test that is

required by this part.

(j) A flight instructor may not give

training in Category II or Category III

operations unless the flight instructor

has been trained and tested in Category

II or Category III operations, pursuant to

§ 61.67 or § 61.68 of this part, as

applicable.

§ 61.197 Renewal of flight instructor

certificates.

(a) A person who holds a flight

instructor certificate that has not

expired may renew that certificate for an

additional 24 calendar months if the

holder:

(1) Passes a practical test for—

(i) Renewal of the flight instructor

certificate; or

(ii) An additional flight instructor

rating; or

(2) Presents to an authorized FAA

Flight Standards Inspector—

(i) A record of training students that

shows during the preceding 24 calendar

months the flight instructor has

endorsed at least five students for a

practical test for a certificate or rating,

and at least 80 percent of those students

passed that test on the first attempt;

(ii) A record that shows that within

the preceding 24 calendar months, the

flight instructor has served as a

company check pilot, chief flight

instructor, company check airman, or

flight instructor in a part 121 or part 135

operation, or in a position involving the

regular evaluation of pilots, in which

that authorized FAA Flight Standards

Inspector is acquainted with the duties

and responsibilities of the position, and

has satisfactory knowledge of its current

pilot training, certification, and

standards; or

(iii) A graduation certificate showing

the person has successfully completed

an approved flight instructor refresher

course consisting of ground training or

flight training, or both, within the 90

days preceding the expiration month of

his or her flight instructor certificate.

(b) If a person accomplishes the

renewal requirements of paragraph

(a)(1) or (a)(2) of this section within the

90 days preceding the expiration month

of his or her flight instructor certificate:

(1) That person is considered to have

accomplished the renewal requirement

of this section in the month due; and

(2) The current flight instructor

certificate will be renewed for an

additional 24 calendar months from its

expiration date.

(c) The practical test required by

paragraph (a)(1) of this section may be

accomplished in an approved flight

simulator or approved 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.

§ 61.199 Expired flight instructor

certificates and ratings.

(a) Flight instructor certificates. The

holder of an expired flight instructor

certificate may exchange that certificate

for a new certificate by passing a

practical test prescribed in § 61.183(h)

of this part.

(b) Flight instructor ratings. (1) A

flight instructor rating or a limited flight

instructor rating on a pilot certificate is

no longer valid and may not be

exchanged for a similar rating or a flight

instructor certificate.

(2) The holder of a flight instructor

rating or a limited flight instructor

rating on a pilot certificate may be

issued a flight instructor certificate with

the current ratings, but only if the

person passes the required knowledge

and practical test prescribed in this

subpart for the issuance of the current

flight instructor certificate and rating.

§ 61.201 [Reserved]

Subpart I—Ground Instructors

§ 61.211 Applicability.

This subpart prescribes the

requirements for the issuance of ground

instructor certificates and ratings, the

conditions under which those

certificates and ratings are necessary,

and the limitations upon those

certificates and ratings.

§ 61.213 Eligibility requirements.

(a) To be eligible for a ground

instructor certificate or rating a person

must:

(1) Be at least 18 years of age;

(2) Be able to read, write, speak, and

understand the English language. If the

applicant is unable to meet one of these

requirements due to medical reasons,

then the Administrator may place such

operating limitations on that applicant’s

ground instructor certificate as are

necessary;
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16347

(3) Except as provided in paragraph

(b) of this section, pass a knowledge test

on the fundamentals of instructing to

include—

(i) The learning process;

(ii) Elements of effective teaching;

(iii) Student evaluation and testing;

(iv) Course development;

(v) Lesson planning; and

(vi) Classroom training techniques.

(4) Pass a knowledge test on the

aeronautical knowledge areas in—

(i) For a basic ground instructor

rating, §§ 61.97 and 61.105;

(ii) For an advanced ground instructor

rating, §§ 61.97, 61.105, 61.125, and

61.155; and

(iii) For an instrument ground

instructor rating, § 61.65.

(b) The knowledge test specified in

paragraph (a)(3) of this section is not

required if the applicant:

(1) Holds a ground instructor

certificate or flight instructor certificate

issued under this part;

(2) Holds a current teacher’s

certificate issued by a State, county,

city, or municipality that authorizes the

person to teach at an educational level

of the 7th grade or higher; or

(3) Is employed as a teacher at an

accredited college or university.

§ 61.215 Ground instructor privileges.

(a) A person who holds a basic ground

instructor rating is authorized to

provide:

(1) Ground training in the

aeronautical knowledge areas required

for the issuance of a recreational pilot

certificate, private pilot certificate, or

associated ratings under this part;

(2) Ground training required for a

recreational pilot and private pilot flight

review; and

(3) A recommendation for a

knowledge test required for the issuance

of a recreational pilot certificate or

private pilot certificate under this part.

(b) A person who holds an advanced

ground instructor rating is authorized to

provide:

(1) Ground training in the

aeronautical knowledge areas required

for the issuance of any certificate or

rating under this part;

(2) Ground training required for any

flight review; and

(3) A recommendation for a

knowledge test required for the issuance

of any certificate under this part.

(c) A person who holds an instrument

ground instructor rating is authorized to

provide:

(1) Ground training in the

aeronautical knowledge areas required

for the issuance of an instrument rating

under this part;

(2) Ground training required for an

instrument proficiency check; and

(3) A recommendation for a

knowledge test required for the issuance

of an instrument rating under this part.

(d) A person who holds a ground

instructor certificate is authorized,

within the limitations of the ratings on

the ground instructor certificate, to

endorse the logbook or other training

record of a person to whom the holder

has provided the training or

recommendation specified in

paragraphs (a) through (c) of this

section.

§ 61.217 Currency requirements.

The holder of a ground instructor

certificate may not perform the duties of

a ground instructor unless, within the

preceding 12 months:

(a) The person has served for at least

3 months as a ground instructor; or

(b) The Administrator has determined

that the person meets the standards

prescribed in this part for the certificate

and rating.

4. Part 141 is revised to read as

follows:

PART 141—PILOT SCHOOLS

Subpart A—General

Sec.

141.1 Applicability.

141.3 Certificate required.

141.5 Requirements for a pilot school

certificate.

141.7 Provisional pilot school certificate.

141.9 Examining authority.

141.11 Pilot school ratings.

141.13 Application for issuance,

amendment, or renewal.

141.15 Location of facilities.

141.17 Duration of certificate and

examining authority.

141.18 Carriage of narcotic drugs,

marijuana, and depressant or stimulant

drugs or substances.

141.19 Display of certificate.

141.21 Inspections.

141.23 Advertising limitations.

141.25 Business office and operations base.

141.26 Training agreements.

141.27 Renewal of certificates and ratings.

141.29 [Reserved]

Subpart B—Personnel, Aircraft, and

Facilities Requirements

141.31 Applicability.

141.33 Personnel.

141.35 Chief instructor qualifications.

141.36 Assistant chief instructor

qualifications.

141.37 Check instructor qualifications.

141.38 Airports.

141.39 Aircraft.

141.41 Flight simulators, flight training

devices, and training aids.

141.43 Pilot briefing areas.

141.45 Ground training facilities.

Subpart C—Training Course Outline and

Curriculum

141.51 Applicability.

141.53 Approval procedures for a training

course: General.

141.55 Training course: Contents.

141.57 Special curricula.

Subpart D—Examining Authority

141.61 Applicability.

141.63 Examining authority qualification

requirements.

141.65 Privileges.

141.67 Limitations and reports.

Subpart E—Operating Rules

141.71 Applicability.

141.73 Privileges.

141.75 Aircraft requirements.

141.77 Limitations.

141.79 Flight training.

141.81 Ground training.

141.83 Quality of training.

141.85 Chief instructor responsibilities.

141.87 Change of chief instructor.

141.89 Maintenance of personnel, facilities,

and equipment.

141.91 Satellite bases.

141.93 Enrollment.

141.95 Graduation certificate.

Subpart F—Records

141.101 Training records.

Appendix A to Part 141—Recreational Pilot

Certification Course

Appendix B to Part 141—Private Pilot

Certification Course

Appendix C to Part 141—Instrument Rating

Course

Appendix D to Part 141—Commercial Pilot

Certification Course

Appendix E to Part 141—Airline Transport

Pilot Certification Course

Appendix F to Part 141—Flight Instructor

Certification Course

Appendix G to Part 141—Flight Instructor

Instrument (For an Airplane, Helicopter, or

Powered-Lift Instrument Instructor Rating)

Certification Course

Appendix H to Part 141—Ground Instructor

Certification Course

Appendix I to Part 141—Additional Aircraft

Category or Class Rating Course

Appendix J to Part 141—Aircraft Type

Rating Course, For Other Than an Airline

Transport Pilot Certificate

Appendix K to Part 141—Special

Preparation Courses

Appendix L to Part 141—Pilot Ground

School Course

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

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

45301–45302.
16348 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Subpart A—General

§ 141.1 Applicability.

This part prescribes the requirements

for issuing pilot school certificates,

provisional pilot school certificates, and

associated ratings, and the general

operating rules applicable to a holder of

a certificate or rating issued under this

part.

§ 141.3 Certificate required.

No person may operate as a

certificated pilot school without, or in

violation of, a pilot school certificate or

provisional pilot school certificate

issued under this part.

§ 141.5 Requirements for a pilot school

certificate.

An applicant may be issued a pilot

school certificate with associated ratings

if the applicant:

(a) Completes the application for a

pilot school certificate on a form and in

a manner prescribed by the

Administrator;

(b) Holds a provisional pilot school

certificate, issued under this part, for at

least 24 calendar months preceding the

month in which the application for a

pilot school certificate is made;

(c) Meets the applicable requirements

of subparts A through C of this part for

the school ratings sought; and

(d) Has trained and recommended for

pilot certification and rating tests,

within 24 calendar months preceding

the month the application is made for

the pilot school certificate, at least 10

students for a knowledge or practical

test for a pilot certificate, flight

instructor certificate, ground instructor

certificate, an additional rating, an endof-course test for a training course

specified in appendix K of this part, or

any combination of those tests, and at

least 80 percent of all tests administered

were passed on the first attempt.

§ 141.7 Provisional pilot school certificate.

An applicant that meets the

applicable requirements of subparts A,

B, and C of this part, but does not meet

the recent training activity requirements

of § 141.5(d) of this part, may be issued

a provisional pilot school certificate

with ratings.

§ 141.9 Examining authority.

An applicant is issued examining

authority for its pilot school certificate

if the applicant meets the requirements

of subpart D of this part.

§ 141.11 Pilot school ratings.

(a) The ratings listed in paragraph (b)

of this section may be issued to an

applicant for:

(1) A pilot school certificate, provided

the applicant meets the requirements of

§ 141.5 of this part; or

(2) A provisional pilot school

certificate, provided the applicant meets

the requirements of § 141.7 of this part.

(b) An applicant may be authorized to

conduct the following courses:

(1) Certification and rating courses.

(Appendixes A through J).

(i) Recreational pilot course.

(ii) Private pilot course.

(iii) Commercial pilot course.

(iv) Instrument rating course.

(v) Airline transport pilot course.

(vi) Flight instructor course.

(vii) Flight instructor instrument

course.

(viii) Ground instructor course.

(ix) Additional aircraft category or

class rating course.

(x) Aircraft type rating course.

(2) Special preparation courses.

(Appendix K).

(i) Pilot refresher course.

(ii) Flight instructor refresher course.

(iii) Ground instructor refresher

course.

(iv) Agricultural aircraft operations

course.

(v) Rotorcraft external-load operations

course.

(vi) Special operations course.

(vii) Test pilot course.

(3) Pilot ground school course.

(Appendix L).

§ 141.13 Application for issuance,

amendment, or renewal.

(a) Application for an original

certificate and rating, an additional

rating, or the renewal of a certificate

under this part must be made on a form

and in a manner prescribed by the

Administrator.

(b) Application for the issuance or

amendment of a certificate or rating

must be accompanied by two copies of

each proposed training course

curriculum for which approval is

sought.

§ 141.15 Location of facilities.

The holder of a pilot school certificate

or a provisional pilot school certificate

may have a base or other facilities

located outside the United States,

provided the Administrator determines

the location of the base and facilities at

that place are needed for the training of

students who are citizens of the United

States.

§ 141.17 Duration of certificate and

examining authority.

(a) Unless surrendered, suspended, or

revoked, a pilot school’s certificate or a

provisional pilot school’s certificate

expires:

(1) On the last day of the 24th

calendar month from the month the

certificate was issued;

(2) Except as provided in paragraph

(b) of this section, on the date that any

change in ownership of the school

occurs;

(3) On the date of any change in the

facilities upon which the school’s

certificate is based occurs; or

(4) Upon notice by the Administrator

that the school has failed for more than

60 days to maintain the facilities,

aircraft, or personnel required for any

one of the school’s approved training

courses.

(b) A change in the ownership of a

pilot school or provisional pilot school

does not terminate that school’s

certificate if, within 30 days after the

date that any change in ownership of

the school occurs:

(1) Application is made for an

appropriate amendment to the

certificate; and

(2) No change in the facilities,

personnel, or approved training courses

is involved.

(c) An examining authority issued to

the holder of a pilot school certificate

expires on the date that the pilot school

certificate expires, or is surrendered,

suspended, or revoked.

§ 141.18 Carriage of narcotic drugs,

marijuana, and depressant or stimulant

drugs or substances.

If the holder of a certificate issued

under this part permits any aircraft

owned or leased by that holder to be

engaged in any operation that the

certificate holder knows to be in

violation of § 91.19(a) of this chapter,

that operation is a basis for suspending

or revoking the certificate.

§ 141.19 Display of certificate.

(a) Each holder of a pilot school

certificate or a provisional pilot school

certificate must display that certificate

in a place in the school that is normally

accessible to the public and is not

obscured.

(b) A certificate must be made

available for inspection upon request

by:

(1) The Administrator;

(2) An authorized representative of

the National Transportation Safety

Board; or

(3) A Federal, State, or local law

enforcement officer.

§ 141.21 Inspections.

Each holder of a certificate issued

under this part must allow the

Administrator to inspect its personnel,

facilities, equipment, and records to

determine the certificate holder’s:
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16349

(a) Eligibility to hold its certificate;

(b) Compliance with 49 U.S.C. 40101

et seq., formerly the Federal Aviation

Act of 1958, as amended; and

(c) Compliance with the Federal

Aviation Regulations.

§ 141.23 Advertising limitations.

(a) The holder of a pilot school

certificate or a provisional pilot school

certificate may not make any statement

relating to its certification and ratings

that is false or designed to mislead any

person contemplating enrollment in that

school.

(b) The holder of a pilot school

certificate or a provisional pilot school

certificate may not advertise that the

school is certificated unless it clearly

differentiates between courses that have

been approved under part 141 of this

chapter and those that have not been

approved under part 141 of this chapter.

(c) The holder of a pilot school

certificate or a provisional pilot school

certificate must promptly remove:

(1) From vacated premises, all signs

indicating that the school was

certificated by the Administrator; or

(2) All indications (including signs),

wherever located, that the school is

certificated by the Administrator when

its certificate has expired or has been

surrendered, suspended, or revoked.

§ 141.25 Business office and operations

base.

(a) Each holder of a pilot school or a

provisional pilot school certificate must

maintain a principal business office

with a mailing address in the name

shown on its certificate.

(b) The facilities and equipment at the

principal business office must be

adequate to maintain the files and

records required to operate the business

of the school.

(c) The principal business office may

not be shared with, or used by, another

pilot school.

(d) Before changing the location of the

principal business office or the

operations base, each certificate holder

must notify the FAA Flight Standards

District Office having jurisdiction over

the area of the new location, and the

notice must be:

(1) Submitted in writing at least 30

days before the change of location; and

(2) Accompanied by any amendments

needed for the certificate holder’s

approved training course outline.

(e) A certificate holder may conduct

training at an operations base other than

the one specified in its certificate, if:

(1) The Administrator has inspected

and approved the base for use by the

certificate holder; and

(2) The course of training and any

needed amendments have been

approved for use at that base.

§ 141.26 Training agreements.

A training center certificated under

part 142 of this chapter may provide the

training, testing, and checking for pilot

schools certificated under part 141 of

this chapter, and is considered to meet

the requirements of part 141,

provided—

(a) There is a training agreement

between the certificated training center

and the pilot school;

(b) The training, testing, and checking

provided by the certificated training

center is approved and conducted under

part 142;

(c) The pilot school certificated under

part 141 obtains the Administrator’s

approval for a training course outline

that includes the training, testing, and

checking to be conducted under part

141 and the training, testing, and

checking to be conducted under part

142; and

(d) Upon completion of the training,

testing, and checking conducted under

part 142, a copy of each student’s

training record is forwarded to the part

141 school and becomes part of the

student’s permanent training record.

§ 141.27 Renewal of certificates and

ratings.

(a) Pilot school. (1) A pilot school may

apply for renewal of its school

certificate and ratings within 30 days

preceding the month the pilot school’s

certificate expires, provided the school

meets the requirements prescribed in

paragraph (a)(2) of this section for

renewal of its certificate and ratings.

(2) A pilot school may have its school

certificate and ratings renewed for an

additional 24 calendar months if the

Administrator determines the school’s

personnel, aircraft, facility and airport,

approved training courses, training

records, and recent training ability and

quality meet the requirements of this

part.

(3) A pilot school that does not meet

the renewal requirements in paragraph

(a)(2) of this section, may apply for a

provisional pilot school certificate if the

school meets the requirements of § 141.7

of this part.

(b) Provisional pilot school. (1) Except

as provided in paragraph (b)(3) of this

section, a provisional pilot school may

not have its provisional pilot school

certificate or the ratings on that

certificate renewed.

(2) A provisional pilot school may

apply for a pilot school certificate and

associated ratings provided that school

meets the requirements of § 141.5 of this

part.

(3) A former provisional pilot school

may apply for another provisional pilot

school certificate, provided 180 days

have elapsed since its last provisional

pilot school certificate expired.

§ 141.29 [Reserved]

Subpart B—Personnel, Aircraft, and

Facilities Requirements

§ 141.31 Applicability.

(a) This subpart prescribes:

(1) The personnel and aircraft

requirements for a pilot school

certificate or a provisional pilot school

certificate; and

(2) The facilities that a pilot school or

provisional pilot school must have

available on a continuous basis.

(b) As used in this subpart, to have

continuous use of a facility, including

an airport, the school must have:

(1) Ownership of the facility or airport

for at least 6 calendar months at the

time of application for initial

certification and on the date of renewal

of the school’s certificate; or

(2) A written lease agreement for the

facility or airport for at least 6 calendar

months at the time of application for

initial certification and on the date of

renewal of the school’s certificate.

§ 141.33 Personnel.

(a) An applicant for a pilot school

certificate or for a provisional pilot

school certificate must meet the

following personnel requirements:

(1) Each applicant must have

adequate personnel, including

certificated flight instructors,

certificated ground instructors, or

holders of a commercial pilot certificate

with a lighter-than-air rating, and a chief

instructor for each approved course of

training who is qualified and competent

to perform the duties to which that

instructor is assigned.

(2) If the school employs dispatchers,

aircraft handlers, and line and service

personnel, then it shall instruct those

persons in the procedures and

responsibilities of their employment.

(3) Each instructor to be used for

ground or flight training must hold a

flight instructor certificate, ground

instructor certificate, or commercial

pilot certificate with a lighter-than-air

rating, as appropriate, with ratings for

the approved course of training and any

aircraft used in that course.

(b) An applicant for a pilot school

certificate or for a provisional pilot

school certificate shall designate a chief

instructor for each of the school’s

approved training courses, who must

meet the requirements of § 141.35 of this

part.
16350 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(c) When necessary, an applicant for

a pilot school certificate or for a

provisional pilot school certificate may

designate a person to be an assistant

chief instructor for an approved training

course, provided that person meets the

requirements of § 141.36 of this part.

(d) A pilot school and a provisional

pilot school may designate a person to

be a check instructor for conducting

student stage checks, end-of-course

tests, and instructor proficiency checks,

provided:

(1) That person meets the

requirements of § 141.37 of this part;

and

(2) That school has a student

enrollment of at least 50 students at the

time designation is sought.

(e) A person, as listed in this section,

may serve in more than one position for

a school, provided that person is

qualified for each position.

§ 141.35 Chief instructor qualifications.

(a) To be eligible for designation as a

chief instructor for a course of training,

a person must meet the following

requirements:

(1) Hold a commercial pilot certificate

or an airline transport pilot certificate,

and, except for a chief instructor for a

course of training solely for a lighterthan-air rating, a current flight

instructor certificate. The certificates

must contain the appropriate aircraft

category, class, and instrument ratings

for the category and class of aircraft

used in the course;

(2) Meet the pilot in command recent

flight experience requirements of

§ 61.57 of this chapter;

(3) Pass a knowledge test on—

(i) Teaching methods;

(ii) Applicable provisions of the

‘‘Aeronautical Information Manual’’;

(iii) Applicable provisions of parts 61,

91, and 141 of this chapter; and

(iv) The objectives and approved

course completion standards of the

course for which the person seeks to

obtain designation.

(4) Pass a proficiency test on

instructional skills and ability to train

students on the flight procedures and

maneuvers appropriate to the course;

(5) Except for a course of training for

gliders, balloons, or airships, the chief

instructor must meet the applicable

requirements in paragraphs (b), (c), and

(d) of this section;

(6) A chief instructor for a course of

training for gliders or balloons is only

required to have 40 percent of the hours

required in paragraphs (b) and (d) of this

section; and

(7) A chief instructor for a course of

training for airships is only required to

have 40 percent of the hours required in

paragraphs (b), (c), and (d) of this

section.

(b) For a course of training leading to

the issuance of a private pilot certificate

or rating, a chief instructor must have:

(1) At least 1,000 hours as pilot in

command; and

(2) Primary flight training experience,

acquired as either a certificated flight

instructor or an instructor in a military

pilot flight training program, or a

combination thereof, consisting of at

least—

(i) 2 years and a total of 500 flight

hours; or

(ii) 1,000 flight hours.

(c) For a course of training leading to

the issuance of an instrument rating or

a rating with instrument privileges, a

chief instructor must have:

(1) At least 100 hours of flight time

under actual or simulated instrument

conditions;

(2) At least 1,000 hours as pilot in

command; and

(3) Instrument flight instructor

experience, acquired as either a

certificated flight instructor-instrument

or an instructor in a military pilot flight

training program, or a combination

thereof, consisting of at least—

(i) 2 years and a total of 250 flight

hours; or

(ii) 400 flight hours.

(d) For a course of training other than

those leading to the issuance of a private

pilot certificate or rating, or an

instrument rating or a rating with

instrument privileges, a chief instructor

must have:

(1) At least 2,000 hours as pilot in

command; and

(2) Flight training experience,

acquired as either a certificated flight

instructor or an instructor in a military

pilot flight training program, or a

combination thereof, consisting of at

least—

(i) 3 years and a total of 1,000 flight

hours; or

(ii) 1,500 flight hours.

(e) To be eligible for designation as

chief instructor for a ground school

course, a person must have 1 year of

experience as a ground school instructor

at a certificated pilot school.

§ 141.36 Assistant chief instructor

qualifications.

(a) To be eligible for designation as an

assistant chief instructor for a course of

training, a person must meet the

following requirements:

(1) Hold a commercial pilot or an

airline transport pilot certificate and,

except for the assistant chief instructor

for a course of training for a lighterthan-air rating, a current flight

instructor certificate. The certificates

must contain the appropriate aircraft

category, class, and instrument ratings

for the category and class of aircraft

used in the course;

(2) Meet the pilot in command recent

flight experience requirements of

§ 61.57 of this chapter;

(3) Pass a knowledge test on—

(i) Teaching methods;

(ii) Applicable provisions of the

‘‘Aeronautical Information Manual’’;

(iii) Applicable provisions of parts 61,

91, and 141 of this chapter; and

(iv) The objectives and approved

course completion standards of the

course for which the person seeks to

obtain designation.

(4) Pass a proficiency test on the flight

procedures and maneuvers appropriate

to that course; and

(5) Meet the applicable requirements

in paragraphs (b), (c), and (d) of this

section. However, an assistant chief

instructor for a course of training for

gliders, balloons, or airships is only

required to have 40 percent of the hours

required in paragraphs (b) and (c) of this

section.

(b) For a course of training leading to

the issuance of a private pilot certificate

or rating, an assistant chief instructor

must have:

(1) At least 500 hours as pilot in

command; and

(2) Flight training experience,

acquired as either a certificated flight

instructor or an instructor in a military

pilot flight training program, or a

combination thereof, consisting of at

least—

(i) 1 year and a total of 250 flight

hours; or

(ii) 500 flight hours.

(c) For a course of training leading to

the issuance of an instrument rating or

a rating with instrument privileges, an

assistant chief flight instructor must

have:

(1) At least 50 hours of flight time

under actual or simulated instrument

conditions;

(2) At least 500 hours as pilot in

command; and

(3) Instrument flight instructor

experience, acquired as either a

certificated flight instructor-instrument

or an instructor in a military pilot flight

training program, or a combination

thereof, consisting of at least—

(i) 1 year and a total of 125 flight

hours; or

(ii) 200 flight hours.

(d) For a course of training other than

one leading to the issuance of a private

pilot certificate or rating, or an

instrument rating or a rating with

instrument privileges, an assistant chief

instructor must have:

(1) At least 1,000 hours as pilot in

command; and
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16351

(2) Flight training experience,

acquired as either a certificated flight

instructor or an instructor in a military

pilot flight training program, or a

combination thereof, consisting of at

least—

(i) 11⁄2 years and a total of 500 flight

hours; or

(ii) 750 flight hours.

(e) To be eligible for designation as an

assistant chief instructor for a ground

school course, a person must have 6

months of experience as a ground

school instructor at a certificated pilot

school.

§ 141.37 Check instructor qualifications.

(a) To be designated as a check

instructor for conducting student stage

checks, end-of-course tests, and

instructor proficiency checks under this

part, a person must meet the eligibility

requirements of this section:

(1) For checks and tests that relate to

either flight or ground training, the

person must pass a test, given by the

chief instructor, on—

(i) Teaching methods;

(ii) Applicable provisions of the

‘‘Aeronautical Information Manual’’;

(iii) Applicable provisions of parts 61,

91, and 141 of this chapter; and

(iv) The objectives and course

completion standards of the approved

training course for the designation

sought.

(2) For checks and tests that relate to

a flight training course, the person

must—

(i) Meet the requirements in

paragraph (a)(1) of this section;

(ii) Hold a commercial pilot certificate

or an airline transport pilot certificate

and, except for a check instructor for a

course of training for a lighter-than-air

rating, a current flight instructor

certificate. The certificates must contain

the appropriate aircraft category, class,

and instrument ratings for the category

and class of aircraft used in the course;

(iii) Meet the pilot in command recent

flight experience requirements of

§ 61.57 of this chapter; and

(iv) Pass a proficiency test, given by

the chief instructor or assistant chief

instructor, on the flight procedures and

maneuvers of the approved training

course for the designation sought.

(3) For checks and tests that relate to

ground training, the person must—

(i) Meet the requirements in

paragraph (a)(1) of this section;

(ii) Except for a course of training for

a lighter-than-air rating, hold a current

flight instructor certificate or ground

instructor certificate with ratings

appropriate to the category and class of

aircraft used in the course; and

(iii) For a course of training for a

lighter-than-air rating, hold a

commercial pilot certificate with a

lighter-than-air category rating and the

appropriate class rating.

(b) A person who meets the eligibility

requirements in paragraph (a) of this

section must:

(1) Be designated, in writing, by the

chief instructor to conduct student stage

checks, end-of-course tests, and

instructor proficiency checks; and

(2) Be approved by the FAA Flight

Standards District Office having

jurisdiction over the school.

(c) A check instructor may not

conduct a stage check or an end-ofcourse test of any student for whom the

check instructor has:

(1) Served as the principal instructor;

or

(2) Recommended for a stage check or

end-of-course test.

§ 141.38 Airports.

(a) An applicant for a pilot school

certificate or a provisional pilot school

certificate must show that he or she has

continuous use of each airport at which

training flights originate.

(b) Each airport used for airplanes and

gliders must have at least one runway or

takeoff area that allows training aircraft

to make a normal takeoff or landing

under the following conditions at the

aircraft’s maximum certificated takeoff

gross weight:

(1) Under wind conditions of not

more than 5 miles per hour;

(2) At temperatures equal to the mean

high temperature for the hottest month

of the year in the operating area;

(3) If applicable, with the powerplant

operation, and landing gear and flap

operation recommended by the

manufacturer; and

(4) In the case of a takeoff—

(i) With smooth transition from liftoff

to the best rate of climb speed without

exceptional piloting skills or

techniques; and

(ii) Clearing all obstacles in the takeoff

flight path by at least 50 feet.

(c) Each airport must have a wind

direction indicator that is visible from

the end of each runway at ground level;

(d) Each airport must have a traffic

direction indicator when:

(1) The airport does not have an

operating control tower; and

(2) UNICOM advisories are not

available.

(e) Except as provided in paragraph (f)

of this section, each airport used for

night training flights must have

permanent runway lights; and

(f) An airport or seaplane base used

for night training flights in seaplanes is

permitted to use adequate

nonpermanent lighting or shoreline

lighting, if approved by the

Administrator.

§ 141.39 Aircraft.

An applicant for a pilot school

certificate or provisional pilot school

certificate, and each pilot school or

provisional pilot school, must show that

each aircraft used by that school for

flight training and solo flights meets the

following requirements:

(a) Each aircraft must be registered as

a civil aircraft in the United States;

(b) Each aircraft must be certificated

with a standard airworthiness certificate

or a primary airworthiness certificate,

unless the Administrator determines

that due to the nature of the approved

course, an aircraft not having a standard

airworthiness certificate or primary

airworthiness certificate may be used;

(c) Each aircraft must be maintained

and inspected in accordance with the

requirements under subpart E of part 91

of this chapter that apply to aircraft

operated for hire;

(d) Each aircraft used in flight training

must have at least two pilot stations

with engine-power controls that can be

easily reached and operated in a normal

manner from both pilot stations; and

(e) Each aircraft used in a course

involving IFR en route operations and

instrument approaches must be

equipped and maintained for IFR

operations. For training in the control

and precision maneuvering of an aircraft

by reference to instruments, the aircraft

may be equipped as provided in the

approved course of training.

§ 141.41 Flight simulators, flight training

devices, and training aids.

An applicant for a pilot school

certificate or a provisional pilot school

certificate must show that its flight

simulators, flight training devices,

training aids, and equipment meet the

following requirements:

(a) Flight simulators. Each flight

simulator used to obtain flight training

credit allowed for flight simulators in an

approved pilot training course

curriculum must—

(1) Be a full-size aircraft cockpit

replica of a specific type of aircraft, or

make, model, and series of aircraft;

(2) Include the hardware and software

necessary to represent the aircraft in

ground operations and flight operations;

(3) Use a force cueing system that

provides cues at least equivalent to

those cues provided by a 3 degree

freedom of motion system;

(4) Use a visual system that provides

at least a 45 degree horizontal field of

view and a 30 degree vertical field of

view simultaneously for each pilot; and

(5) Have been evaluated, qualified,

and approved by the Administrator.

(b) Flight training devices. Each flight

training device used to obtain flight
16352 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

training credit allowed for flight training

devices in an approved pilot training

course curriculum must—

(1) Be a full-size replica of

instruments, equipment panels, and

controls of an aircraft, or set of aircraft,

in an open flight deck area or in an

enclosed cockpit, including the

hardware and software for the systems

installed that is necessary to simulate

the aircraft in ground and flight

operations;

(2) Need not have a force (motion)

cueing or visual system; and

(3) Have been evaluated, qualified,

and approved by the Administrator.

(c) Training aids and equipment. Each

training aid, including any audiovisual

aid, projector, tape recorder, mockup,

chart, or aircraft component listed in the

approved training course outline, must

be accurate and appropriate to the

course for which it is used.

§ 141.43 Pilot briefing areas.

(a) An applicant for a pilot school

certificate or provisional pilot school

certificate must show that the applicant

has continuous use of a briefing area

located at each airport at which training

flights originate that is:

(1) Adequate to shelter students

waiting to engage in their training

flights;

(2) Arranged and equipped for the

conduct of pilot briefings; and

(3) Except as provided in paragraph

(c) of this section, for a school with an

instrument rating or commercial pilot

course, equipped with private landline

or telephone communication to the

nearest FAA Flight Service Station.

(b) A briefing area required by

paragraph (a) of this section may not be

used by the applicant if it is available

for use by any other pilot school during

the period it is required for use by the

applicant.

(c) The communication equipment

required by paragraph (a)(3) of this

section is not required if the briefing

area and the flight service station are

located on the same airport, and are

readily accessible to each other.

§ 141.45 Ground training facilities.

An applicant for a pilot school or

provisional pilot school certificate must

show that:

(a) Each room, training booth, or other

space used for instructional purposes is

heated, lighted, and ventilated to

conform to local building, sanitation,

and health codes; and

(b) The training facility is so located

that the students in that facility are not

distracted by the training conducted in

other rooms, or by flight and

maintenance operations on the airport.

Subpart C—Training Course Outline

and Curriculum

§ 141.51 Applicability.

This subpart prescribes the

curriculum and course outline

requirements for the issuance of a pilot

school certificate or provisional pilot

school certificate and ratings.

§ 141.53 Approval procedures for a

training course: General.

(a) General. An applicant for a pilot

school certificate or provisional pilot

school certificate must obtain the

Administrator’s approval of the outline

of each training course for which

certification and rating is sought.

(b) Application. (1) An application for

the approval of an initial or amended

training course must be submitted in

duplicate to the FAA Flight Standards

District Office having jurisdiction over

the area where the school is based.

(2) An application for the approval of

an initial or amended training course

must be submitted at least 30 days

before any training under that course, or

any amendment thereto, is scheduled to

begin.

(3) An application for amending a

training course must be accompanied by

two copies of the amendment.

(c) Training courses. (1) A training

course submitted for approval prior to

August 4, 1997 shall, if approved, retain

that approval until 1 year after August

4, 1997.

(2) An applicant for a pilot school

certificate or provisional pilot school

certificate may request approval of the

training courses specified in § 141.11(b)

of this part.

§ 141.55 Training course: Contents.

(a) Each training course for which

approval is requested must meet the

minimum curriculum requirements in

accordance with the appropriate

appendix of this part.

(b) Except as provided in paragraphs

(d) and (e) of this section, each training

course for which approval is requested

must meet the minimum ground and

flight training time requirements in

accordance with the appropriate

appendix of this part.

(c) Each training course for which

approval is requested must contain:

(1) A description of each room used

for ground training, including the

room’s size and the maximum number

of students that may be trained in the

room at one time;

(2) A description of each type of

audiovisual aid, projector, tape recorder,

mockup, chart, aircraft component, and

other special training aids used for

ground training;

(3) A description of each flight

simulator or flight training device used

for training;

(4) A listing of the airports at which

training flights originate and a

description of the facilities, including

pilot briefing areas that are available for

use by the school’s students and

personnel at each of those airports;

(5) A description of the type of aircraft

including any special equipment used

for each phase of training;

(6) The minimum qualifications and

ratings for each instructor assigned to

ground or flight training; and

(7) A training syllabus that includes

the following information—

(i) The prerequisites for enrolling in

the ground and flight portion of the

course that include the pilot certificate

and rating (if required by this part),

training, pilot experience, and pilot

knowledge;

(ii) A detailed description of each

lesson, including the lesson’s objectives,

standards, and planned time for

completion;

(iii) A description of what the course

is expected to accomplish with regard to

student learning;

(iv) The expected accomplishments

and the standards for each stage of

training; and

(v) A description of the checks and

tests to be used to measure a student’s

accomplishments for each stage of

training.

(d) A pilot school may request and

receive initial approval for a period of

not more than 24 calendar months for

any of the training courses of this part

without specifying the minimum

ground and flight training time

requirements of this part, provided the

following provisions are met:

(1) The school holds a pilot school

certificate issued under this part and

has held that certificate for a period of

at least 24 consecutive calendar months

preceding the month of the request;

(2) In addition to the information

required by paragraph (c) of this section,

the training course specifies planned

ground and flight training time

requirements for the course;

(3) The school does not request the

training course to be approved for

examining authority, nor may that

school hold examining authority for that

course; and

(4) The practical test or knowledge

test for the course is to be given by—

(i) An FAA inspector; or

(ii) An examiner who is not an

employee of the school.

(e) A certificated pilot school may

request and receive final approval for

any of the training courses of this part

without specifying the minimum
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16353

ground and flight training time

requirements of this part, provided the

following conditions are met:

(1) The school has held initial

approval for that training course for at

least 24 calendar months.

(2) The school has—

(i) Trained at least 10 students in that

training course within the preceding 24

calendar months and recommended

those students for a pilot, flight

instructor, or ground instructor

certificate or rating; and

(ii) At least 80 percent of those

students passed the practical or

knowledge test, or any combination

thereof, on the first attempt, and that

test was given by—

(A) An FAA inspector; or

(B) An examiner who is not an

employee of the school.

(3) In addition to the information

required by paragraph (c) of this section,

the training course specifies planned

ground and flight training time

requirements for the course.

(4) The school does not request that

the training course be approved for

examining authority nor may that

school hold examining authority for that

course.

§ 141.57 Special curricula.

An applicant for a pilot school

certificate or provisional pilot school

certificate may apply for approval to

conduct a special course of airman

training for which a curriculum is not

prescribed in the appendixes of this

part, if the applicant shows that the

training course contains features that

could achieve a level of pilot

proficiency equivalent to that achieved

by a training course prescribed in the

appendixes of this part or the

requirements of part 61 of this chapter.

Subpart D—Examining Authority

§ 141.61 Applicability.

This subpart prescribes the

requirements for the issuance of

examining authority to the holder of a

pilot school certificate, and the

privileges and limitations of that

examining authority.

§ 141.63 Examining authority qualification

requirements.

(a) A pilot school must meet the

following prerequisites to receive initial

approval for examining authority:

(1) The school must complete the

application for examining authority on

a form and in a manner prescribed by

the Administrator;

(2) The school must hold a pilot

school certificate and rating issued

under this part;

(3) The school must have held the

rating in which examining authority is

sought for at least 24 consecutive

calendar months preceding the month of

application for examining authority;

(4) The training course for which

examining authority is requested may

not be a course that is approved without

meeting the minimum ground and flight

training time requirements of this part;

and

(5) Within 24 calendar months after

the date of application for examining

authority, that school must meet the

following requirements—

(i) The school must have trained at

least 10 students in the training course

for which examining authority is sought

and recommended those students for a

pilot, flight instructor, or ground

instructor certificate or rating; and

(ii) At least 90 percent of those

students passed the required practical or

knowledge test, or any combination

thereof, for the pilot, flight instructor, or

ground instructor certificate or rating on

the first attempt, and that test was given

by—

(A) An FAA inspector; or

(B) An examiner who is not an

employee of the school.

(b) A pilot school must meet the

following requirements to retain

approval of its examining authority:

(1) The school must complete the

application for renewal of its examining

authority on a form and in a manner

prescribed by the Administrator;

(2) The school must hold a pilot

school certificate and rating issued

under this part;

(3) The school must have held the

rating for which examining authority is

sought for at least 24 calendar months

preceding the month of application for

renewal of its examining authority; and

(4) The training course for which

examining authority is requested may

not be a course that is approved without

meeting the minimum ground and flight

training time requirements of this part.

§ 141.65 Privileges.

A pilot school that holds examining

authority may recommend a person who

graduated from its course for the

appropriate pilot, flight instructor, or

ground instructor certificate or rating

without taking the FAA knowledge test

or practical test in accordance with the

provisions of this subpart.

§ 141.67 Limitations and reports.

A pilot school that holds examining

authority may only recommend the

issuance of a pilot, flight instructor, or

ground instructor certificate and rating

to a person who does not take an FAA

knowledge test or practical test, if the

recommendation for the issuance of that

certificate or rating is in accordance

with the following requirements:

(a) The person graduated from a

training course for which the pilot

school holds examining authority.

(b) Except as provided in this

paragraph, the person satisfactorily

completed all the curriculum

requirements of that pilot school’s

approved training course. A person who

transfers from one part 141 approved

pilot school to another part 141

approved pilot school may receive

credit for that previous training,

provided the following requirements are

met:

(1) The maximum credited training

time does not exceed one-half of the

receiving school’s curriculum

requirements;

(2) The person completes a knowledge

and proficiency test conducted by the

receiving school for the purpose of

determining the amount of pilot

experience and knowledge to be

credited;

(3) The receiving school determines

(based on the person’s performance on

the knowledge and proficiency test

required by paragraph (b)(2) of this

section) the amount of credit to be

awarded, and records that credit in the

person’s training record;

(4) The person who requests credit for

previous pilot experience and

knowledge obtained the experience and

knowledge from another part 141

approved pilot school and training

course; and

(5) The receiving school retains a

copy of the person’s training record

from the previous school.

(c) Tests given by a pilot school that

holds examining authority must be

approved by the Administrator and be at

least equal in scope, depth, and

difficulty to the comparable knowledge

and practical tests prescribed by the

Administrator under part 61 of this

chapter.

(d) A pilot school that holds

examining authority may not use its

knowledge or practical tests if the

school:

(1) Knows, or has reason to believe,

the test has been compromised; or

(2) Is notified by a FAA Flight

Standards District Office that there is

reason to believe or it is known that the

test has been compromised.

(e) A pilot school that holds

examining authority must maintain a

record of all temporary airman

certificates it issues, which consist of

the following information:

(1) A chronological listing that

includes—
16354 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The date the temporary airman

certificate was issued;

(ii) The student to whom the

temporary airman certificate was issued,

and that student’s permanent mailing

address and telephone number;

(iii) The training course from which

the student graduated;

(iv) The name of person who

conducted the knowledge or practical

test;

(v) The type of temporary airman

certificate or rating issued to the

student; and

(vi) The date the student’s airman

application file was sent to the FAA for

processing for a permanent airman

certificate.

(2) A copy of the record containing

each student’s graduation certificate,

airman application, temporary airman

certificate, superseded airman certificate

(if applicable), and knowledge test or

practical test results; and

(3) The records required by paragraph

(e) of this section must be retained for

1 year and made available to the

Administrator upon request. These

records must be surrendered to the

Administrator when the pilot school

ceases to have examining authority.

(f) Except for pilot schools that have

an airman certification representative,

when a student passes the knowledge

test or practical test, the pilot school

that holds examining authority must

submit that student’s airman application

file and training record to the FAA for

processing for the issuance of a

permanent airman certificate.

Subpart E—Operating Rules

§ 141.71 Applicability.

This subpart prescribes the operating

rules applicable to a pilot school or

provisional pilot school certificated

under the provisions of this part.

§ 141.73 Privileges.

(a) The holder of a pilot school

certificate or a provisional pilot school

certificate may advertise and conduct

approved pilot training courses in

accordance with the certificate and any

ratings that it holds.

(b) A pilot school that holds

examining authority for an approved

training course may recommend a

graduate of that course for the issuance

of an appropriate pilot, flight instructor,

or ground instructor certificate and

rating, without taking an FAA

knowledge test or practical test,

provided the training course has been

approved and meets the minimum

ground and flight training time

requirements of this part.

§ 141.75 Aircraft requirements.

(a) The following items must be

carried on each aircraft used for flight

training and solo flights:

(1) A pretakeoff and prelanding

checklist; and

(2) The operator’s handbook for the

aircraft, if one is furnished by the

manufacturer, or copies of the handbook

if furnished to each student using the

aircraft.

(b) Each aircraft used in the

certification and rating courses listed in

§ 141.11 of this part must have a

standard airworthiness certificate or a

primary airworthiness certificate; and

(c) Each aircraft used in the

agricultural aircraft operations, externalload operations, test pilot, and special

operations courses listed in § 141.11 of

this part may have a restricted

airworthiness certificate, if its use for

training is not prohibited by the

aircraft’s operating limitations.

§ 141.77 Limitations.

(a) The holder of a pilot school

certificate or a provisional pilot school

certificate may not issue a graduation

certificate to a student, or recommend a

student for a pilot certificate or rating,

unless the student has:

(1) Completed the training specified

in the pilot school’s course of training;

and

(2) Passed the required final tests.

(b) Except as provided in paragraph

(c) of this section, the holder of a pilot

school certificate or a provisional pilot

school certificate may not graduate a

student from a course of training unless

the student has completed all of the

curriculum requirements of that course;

(c) A student may be given credit

towards the curriculum requirements of

a course for previous pilot experience

and knowledge, provided the following

conditions are met:

(1) If the credit is based upon a part

141-approved training course, the credit

given that student for the previous pilot

experience and knowledge may be 50

percent of the curriculum requirements

and must be based upon a proficiency

test or knowledge test, or both,

conducted by the receiving pilot school;

(2) If the credit is not based upon a

part 141-approved training course, the

credit given that student for the

previous pilot experience and

knowledge shall not exceed more than

25 percent of the curriculum

requirements and must be based upon a

proficiency test or knowledge test, or

both, conducted by the receiving pilot

school;

(3) The receiving school determines

the amount of course credit to be

transferred under paragraph (c)(1) or

paragraph (c)(2) of this section, based on

a proficiency test or knowledge test, or

both, of the student; and

(4) Credit for training specified in

paragraph (c)(1) or paragraph (c)(2) may

be given if the previous provider of the

training has certified the kind and

amount of training provided, and the

result of each stage check and end-ofcourse test, if applicable, given to the

student.

§ 141.79 Flight training.

(a) No person other than a certificated

flight instructor or commercial pilot

with a lighter-than-air rating who has

the ratings and the minimum

qualifications specified in the approved

training course outline may give a

student flight training under an

approved course of training.

(b) No student pilot may be

authorized to start a solo practice flight

from an airport until the flight has been

approved by a certificated flight

instructor or commercial pilot with a

lighter-than-air rating who is present at

that airport.

(c) Each chief instructor and assistant

chief instructor assigned to a training

course must complete, at least once

every 12 calendar months, an approved

syllabus of training consisting of ground

or flight training, or both, or an

approved flight instructor refresher

course.

(d) Each certificated flight instructor

or commercial pilot with a lighter-thanair rating who is assigned to a flight

training course must satisfactorily

complete the following tasks, which

must be administered by the school’s

chief instructor, assistant chief

instructor, or check instructor:

(1) Prior to receiving authorization to

train students in a flight training course,

accomplish—

(i) A review of and receive a briefing

on the objectives and standards of that

training course; and

(ii) An initial proficiency check in

each make and model of aircraft used in

that training course in which that

person provides training; and

(2) Every 12 calendar months after the

month in which the person last

complied with paragraph (d)(1)(ii) of

this section, accomplish a recurrent

proficiency check in one of the aircraft

the person trains students.

§ 141.81 Ground training.

(a) Except as provided in paragraph

(b) of this section, each instructor who

is assigned to a ground training course,

must hold a flight or ground instructor

certificate, or a commercial pilot

certificate with a lighter-than-air rating
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16355

with the appropriate rating for that

course of training.

(b) A person who does not meet the

requirements of paragraph (a) of this

section may be assigned ground training

duties in a ground training course, if:

(1) The chief instructor who is

assigned to that ground training course

finds the person qualified to give that

training; and

(2) The training is given while under

the supervision of the chief instructor or

the assistant chief instructor who is

present at the facility when the training

is given.

(c) An instructor may not be used in

a ground training course until that

instructor has been briefed in regard to

the objectives and standards of that

course by the chief instructor, assistant

chief instructor, or check instructor.

§ 141.83 Quality of training.

(a) Each pilot school or provisional

pilot school must meet the following

requirements:

(1) Comply with its approved training

course; and

(2) Provide training of such quality

that meets the requirements of

§ 141.5(d) of this part.

(b) The failure of a pilot school or

provisional pilot school to maintain the

quality of training specified in

paragraph (a) of this section may be the

basis for suspending or revoking that

school’s certificate.

(c) When requested by the

Administrator, a pilot school or

provisional pilot school must allow the

FAA to administer any knowledge test,

practical test, stage check, or end-ofcourse test to its students.

(d) When a stage check or end-ofcourse test is administered by the FAA

under the provisions of paragraph (c) of

this section, and the student has not

completed the training course, then that

test will be based on the standards

prescribed in the school’s approved

training course.

(e) If the practical test or knowledge

test administered by the FAA under the

provisions of paragraph (c) of this

section is given to a student who has

completed the school’s training course,

that test will be based upon the areas of

operation approved by the

Administrator.

§ 141.85 Chief instructor responsibilities.

(a) Each person designated as a chief

instructor for a pilot school or

provisional pilot school shall be

responsible for:

(1) Certifying each student’s training

record, graduation certificate, stage

check and end-of-course test reports,

recommendation for course completion,

and application;

(2) Ensuring that each certificated

flight instructor, certificated ground

instructor, or commercial pilot with a

lighter-than-air rating passes an initial

proficiency check prior to that

instructor being assigned instructing

duties in the school’s approved training

course and thereafter that the instructor

passes a recurrent proficiency check

every 12 calendar months after the

month in which the initial test was

accomplished;

(3) Ensuring that each student

accomplishes the required stage checks

and end-of-course tests in accordance

with the school’s approved training

course; and

(4) Maintaining training techniques,

procedures, and standards for the school

that are acceptable to the Administrator.

(b) The chief instructor or an assistant

chief instructor must be available at the

pilot school or, if away from the pilot

school, be available by telephone, radio,

or other electronic means during the

time that training is given for an

approved training course.

(c) The chief instructor may delegate

authority for conducting stage checks,

end-of-course tests, and flight instructor

proficiency checks to the assistant chief

instructor or a check instructor.

§ 141.87 Change of chief instructor.

Whenever a pilot school or

provisional pilot school makes a change

of designation of its chief instructor,

that school:

(a) Must immediately provide the

FAA Flight Standards District Office

that has jurisdiction over the area in

which the school is located with written

notification of the change;

(b) May conduct training without a

chief instructor for that training course

for a period not to exceed 60 days while

awaiting the designation and approval

of another chief instructor;

(c) May, for a period not to exceed 60

days, have the stage checks and end-ofcourse tests administered by:

(1) The training course’s assistant

chief instructor, if one has been

designated;

(2) The training course’s check

instructor, if one has been designated;

(3) An FAA inspector; or

(4) An examiner.

(d) Must, after 60 days without a chief

instructor, cease operations and

surrender its certificate to the

Administrator; and

(e) May have its certificate reinstated,

upon:

(1) Designating and approving another

chief instructor;

(2) Showing it meets the requirements

of § 141.27(a)(2) of this part; and

(3) Applying for reinstatement on a

form and in a manner prescribed by the

Administrator.

§ 141.89 Maintenance of personnel,

facilities, and equipment.

The holder of a pilot school certificate

or provisional pilot school certificate

may not provide training to a student

who is enrolled in an approved course

of training unless:

(a) Each airport, aircraft, and facility

necessary for that training meets the

standards specified in the holder’s

approved training course outline and

the appropriate requirements of this

part; and

(b) Except as provided in § 141.87 of

this part, each chief instructor, assistant

chief instructor, check instructor, or

instructor meets the qualifications

specified in the holder’s approved

course of training and the appropriate

requirements of this part.

§ 141.91 Satellite bases.

The holder of a pilot school certificate

or provisional pilot school certificate

may conduct ground training or flight

training in an approved course of

training at a base other than its main

operations base if:

(a) An assistant chief instructor is

designated for each satellite base, and

that assistant chief instructor is

available at the satellite pilot school or,

if away from the premises, by telephone,

radio, or other electronic means during

the time that training is provided for an

approved training course;

(b) The airport, facilities, and

personnel used at the satellite base meet

the appropriate requirements of subpart

B of this part and its approved training

course outline;

(c) The instructors are under the

direct supervision of the chief instructor

or assistant chief instructor for the

appropriate training course, who is

readily available for consultation in

accordance with § 141.85(b) of this part;

and

(d) The FAA Flight Standards District

Office having jurisdiction over the area

in which the school is located is

notified in writing if training is

conducted at a base other than the

school’s main operations base for more

than 7 consecutive days.

§ 141.93 Enrollment.

(a) The holder of a pilot school

certificate or a provisional pilot school

certificate shall, at the time a student is

enrolled in an approved training course,

furnish that student with a copy of the

following:

(1) A certificate of enrollment

containing—
16356 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The name of the course in which

the student is enrolled; and

(ii) The date of that enrollment.

(2) A copy of the student’s training

syllabus.

(3) A copy of the safety procedures

and practices developed by the school

that describe the use of school’s

facilities and the operation of its

aircraft. Those procedures and practices

shall include training on at least the

following information—

(i) The weather minimums required

by the school for dual and solo flights;

(ii) The procedures for starting and

taxiing aircraft on the ramp;

(iii) Fire precautions and procedures;

(iv) Redispatch procedures after

unprogrammed landings, on and off

airports;

(v) Aircraft discrepancies and writeoffs;

(vi) Securing of aircraft when not in

use;

(vii) Fuel reserves necessary for local

and cross-country flights;

(viii) Avoidance of other aircraft in

flight and on the ground;

(ix) Minimum altitude limitations and

simulated emergency landing

instructions; and

(x) A description of and instructions

regarding the use of assigned practice

areas.

(b) The holder of a pilot school

certificate or provisional pilot school

certificate must maintain a monthly

listing of persons enrolled in each

training course offered by the school.

§ 141.95 Graduation certificate.

(a) The holder of a pilot school

certificate or provisional pilot school

certificate shall issue a graduation

certificate to each student who

completes its approved course of

training.

(b) The graduation certificate must be

issued to the student upon completion

of the course of training and contain at

least the following information:

(1) The name of the school and the

certificate number of the school;

(2) The name of the graduate to whom

it was issued;

(3) The course of training for which it

was issued;

(4) The date of graduation;

(5) A statement that the student has

satisfactorily completed each required

stage of the approved course of training

including the tests for those stages;

(6) A certification of the information

contained on the graduation certificate

by the chief instructor for that course of

training; and

(7) A statement showing the crosscountry training that the student

received in the course of training.

Subpart F—Records

§ 141.101 Training records.

(a) Each holder of a pilot school

certificate or provisional pilot school

certificate must establish and maintain

a current and accurate record of the

participation of each student enrolled in

an approved course of training

conducted by the school that includes

the following information:

(1) The date the student was enrolled

in the approved course;

(2) A chronological log of the

student’s course attendance, subjects,

and flight operations covered in the

student’s training, and the names and

grades of any tests taken by the student;

and

(3) The date the student graduated,

terminated training, or transferred to

another school.

(b) The records required to be

maintained in a student’s logbook will

not suffice for the record required by

paragraph (a) of this section.

(c) Whenever a student graduates,

terminates training, or transfers to

another school, the student’s record

must be certified to that effect by the

chief instructor.

(d) The holder of a pilot school

certificate or a provisional pilot school

certificate must retain each student

record required by this section for at

least 1 year from the date that the

student:

(1) Graduates from the course to

which the record pertains;

(2) Terminates enrollment in the

course to which the record pertains; or

(3) Transfers to another school.

(e) The holder of a pilot school

certificate or a provisional pilot school

certificate must make a copy of the

student’s training record available to the

student upon request.

Appendix A tp Part 141—Recreational Pilot

Certification Course

1. Applicability. This appendix prescribes

the minimum curriculum required for a

recreational pilot certification course under

this part, for the following ratings:

(a) Airplane single-engine.

(b) Rotorcraft helicopter.

(c) Rotorcraft gyroplane.

2. Eligibility for enrollment. A person must

hold a student pilot certificate prior to

enrolling in the flight portion of the

recreational pilot certification course.

3. Aeronautical knowledge training. Each

approved course must include at least 20

hours of ground training on the following

aeronautical knowledge areas, appropriate to

the aircraft category and class for which the

course applies:

(a) Applicable Federal Aviation

Regulations for recreational pilot privileges,

limitations, and flight operations;

(b) Accident reporting requirements of the

National Transportation Safety Board;

(c) Applicable subjects in the

‘‘Aeronautical Information Manual’’ and the

appropriate FAA advisory circulars;

(d) Use of aeronautical charts for VFR

navigation using pilotage with the aid of a

magnetic compass;

(e) Recognition of critical weather

situations from the ground and in flight,

windshear avoidance, and the procurement

and use of aeronautical weather reports and

forecasts;

(f) Safe and efficient operation of aircraft,

including collision avoidance, and

recognition and avoidance of wake

turbulence;

(g) Effects of density altitude on takeoff and

climb performance;

(h) Weight and balance computations;

(i) Principles of aerodynamics,

powerplants, and aircraft systems;

(j) Stall awareness, spin entry, spins, and

spin recovery techniques, if applying for an

airplane single-engine rating;

(k) Aeronautical decision making and

judgment; and

(l) Preflight action that includes—

(1) How to obtain information on runway

lengths at airports of intended use, data on

takeoff and landing distances, weather

reports and forecasts, and fuel requirements;

and

(2) How to plan for alternatives if the

planned flight cannot be completed or delays

are encountered.

4. Flight training. (a) Each approved course

must include at least 30 hours of flight

training (of which 15 hours must be with a

certificated flight instructor and 3 hours must

be solo flight training) on the approved areas

of operation listed in paragraph (c) of this

section that are appropriate to the aircraft

category and class rating for which the course

applies, including:

(1) Except as provided in § 61.100 of this

chapter, 2 hours of dual flight training to and

at an airport that is located more than 25

nautical miles from the airport where the

applicant normally trains, with at least three

takeoffs and three landings; and

(2) 3 hours of dual flight training in an

aircraft that is appropriate to the aircraft

category and class for which the course

applies, in preparation for the practical test

within 60 days preceding the date of the test.

(b) Each training flight must include a

preflight briefing and a postflight critique of

the student by the flight instructor assigned

to that flight.

(c) Flight training must include the

following approved areas of operation

appropriate to the aircraft category and class

rating—

(1) For an airplane single-engine course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Emergency operations; and

(x) Postflight procedures.

(2) For a rotorcraft helicopter course: (i)

Preflight preparation;
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16357

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and go-arounds;

(vi) Performance maneuvers;

(vii) Navigation;

(viii) Emergency operations; and

(ix) Postflight procedures.

(3) For a rotorcraft gyroplane course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Flight at slow airspeeds;

(ix) Emergency operations; and

(x) Postflight procedures.

5. Solo flight training. Each approved

course must include at least 3 hours of solo

flight training on the approved areas of

operation listed in paragraph (c) of section

No. 4 of this appendix that are appropriate

to the aircraft category and class rating for

which the course applies.

6. Stage checks and end-of-course tests. (a)

Each student enrolled in a recreational pilot

course must satisfactorily accomplish the

stage checks and end-of-course tests, in

accordance with the school’s approved

training course, consisting of the approved

areas of operation listed in paragraph (c) of

section No. 4 of this appendix that are

appropriate to the aircraft category and class

rating for which the course applies.

(b) Each student must demonstrate

satisfactory proficiency prior to being

endorsed to operate an aircraft in solo flight.

Appendix B—Private Pilot Certification

Course

1. Applicability. This appendix prescribes

the minimum curriculum for a private pilot

certification course required under this part,

for the following ratings:

(a) Airplane single-engine.

(b) Airplane multiengine.

(c) Rotorcraft helicopter.

(d) Rotorcraft gyroplane.

(e) Powered-lift.

(f) Glider.

(g) Lighter-than-air airship.

(h) Lighter-than-air balloon.

2. Eligibility for enrollment. A person must

hold a recreational or student pilot certificate

prior to enrolling in the flight portion of the

private pilot certification course.

3. Aeronautical knowledge training.

(a) Each approved course must include at

least the following ground training on the

aeronautical knowledge areas listed in

paragraph (b) of this section, appropriate to

the aircraft category and class rating:

(1) 35 hours of training if the course is for

an airplane, rotorcraft, or powered-lift

category rating.

(2) 15 hours of training if the course is for

a glider category rating.

(3) 10 hours of training if the course is for

a lighter-than-air category with a balloon

class rating.

(4) 35 hours of training if the course is for

a lighter-than-air category with an airship

class rating.

(b) Ground training must include the

following aeronautical knowledge areas:

(1) Applicable Federal Aviation

Regulations for private pilot privileges,

limitations, and flight operations;

(2) Accident reporting requirements of the

National Transportation Safety Board;

(3) Applicable subjects of the

‘‘Aeronautical Information Manual’’ and the

appropriate FAA advisory circulars;

(4) Aeronautical charts for VFR navigation

using pilotage, dead reckoning, and

navigation systems;

(5) Radio communication procedures;

(6) Recognition of critical weather

situations from the ground and in flight,

windshear avoidance, and the procurement

and use of aeronautical weather reports and

forecasts;

(7) Safe and efficient operation of aircraft,

including collision avoidance, and

recognition and avoidance of wake

turbulence;

(8) Effects of density altitude on takeoff

and climb performance;

(9) Weight and balance computations;

(10) Principles of aerodynamics,

powerplants, and aircraft systems;

(11) If the course of training is for an

airplane category or glider category rating,

stall awareness, spin entry, spins, and spin

recovery techniques;

(12) Aeronautical decision making and

judgment; and

(13) Preflight action that includes—

(i) How to obtain information on runway

lengths at airports of intended use, data on

takeoff and landing distances, weather

reports and forecasts, and fuel requirements;

and

(ii) How to plan for alternatives if the

planned flight cannot be completed or delays

are encountered.

4. Flight training. (a) Each approved course

must include at least the following flight

training, as provided in this section and

section No. 5 of this appendix, on the

approved areas of operation listed in

paragraph (d) of this section, appropriate to

the aircraft category and class rating:

(1) 35 hours of training if the course is for

an airplane, rotorcraft, powered-lift, or

airship rating.

(2) 6 hours of training if the course is for

a glider rating.

(3) 8 hours of training if the course is for

a balloon rating.

(b) Each approved course must include at

least the following flight training:

(1) For an airplane single-engine course: 20

hours of flight training from a certificated

flight instructor on the approved areas of

operation in paragraph (d)(1) of this section

that includes at least—

(i) Except as provided in § 61.111 of this

chapter, 3 hours of cross-country flight

training in a single-engine airplane;

(ii) 3 hours of night flight training in a

single-engine airplane that includes—

(A) One cross-country flight of more than

100-nautical-miles total distance; and

(B) 10 takeoffs and 10 landings to a full

stop (with each landing involving a flight in

the traffic pattern) at an airport.

(iii) 3 hours of instrument training in a

single-engine airplane; and

(iv) 3 hours of flight training in a singleengine airplane in preparation for the

practical test within 60 days preceding the

date of the test.

(2) For an airplane multiengine course: 20

hours of flight training from a certificated

flight instructor on the approved areas of

operation in paragraph (d)(2) of this section

that includes at least—

(i) Except as provided in § 61.111 of this

chapter, 3 hours of cross-country flight

training in a multiengine airplane;

(ii) 3 hours of night flight training in a

multiengine airplane that includes—

(A) One cross-country flight of more than

100-nautical-miles total distance; and

(B) 10 takeoffs and 10 landings to a full

stop (with each landing involving a flight in

the traffic pattern) at an airport.

(iii) 3 hours of instrument training in a

multiengine airplane; and

(iv) 3 hours of flight training in a

multiengine airplane in preparation for the

practical test within 60 days preceding the

date of the test.

(3) For a rotorcraft helicopter course: 20

hours of flight training from a certificated

flight instructor on the approved areas of

operation in paragraph (d)(3) of this section

that includes at least—

(i) Except as provided in § 61.111 of this

chapter, 3 hours of cross-country flight

training in a helicopter.

(ii) 3 hours of night flight training in a

helicopter that includes—

(A) One cross-country flight of more than

50-nautical-miles total distance; and

(B) 10 takeoffs and 10 landings to a full

stop (with each landing involving a flight in

the traffic pattern) at an airport.

(iii) 3 hours of flight training in a

helicopter in preparation for the practical test

within 60 days preceding the date of the test.

(4) For a rotorcraft gyroplane course: 20

hours of flight training from a certificated

flight instructor on the approved areas of

operation in paragraph (d)(4) of this section

that includes at least—

(i) Except as provided in § 61.111 of this

chapter, 3 hours of cross-country flight

training in a gyroplane.

(ii) 3 hours of night flight training in a

gyroplane that includes—

(A) One cross-country flight over 50-

nautical-miles total distance; and

(B) 10 takeoffs and 10 landings to a full

stop (with each landing involving a flight in

the traffic pattern) at an airport.

(iii) 3 hours of flight training in a gyroplane

in preparation for the practical test within 60

days preceding the date of the test.

(5) For a powered-lift course: 20 hours of

flight training from a certificated flight

instructor on the approved areas of operation

in paragraph (d)(5) of this section that

includes at least—

(i) Except as provided in § 61.111 of this

chapter, 3 hours of cross-country flight

training in a powered-lift;

(ii) 3 hours of night flight training in a

powered-lift that includes—

(A) One cross-country flight of more than

100-nautical-miles total distance; and

(B) 10 takeoffs and 10 landings to a full

stop (with each landing involving a flight in

the traffic pattern) at an airport.

(iii) 3 hours of instrument training in a

powered-lift; and
16358 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(iv) 3 hours of flight training in a poweredlift in preparation for the practical test,

within 60 days preceding the date of the test.

(6) For a glider course: 4 hours of flight

training from a certificated flight instructor

on the approved areas of operation in

paragraph (d)(6) of this section that includes

at least—

(i) Five training flights in a glider on

launch/tow procedures approved for the

course and in the appropriate approved areas

of operation listed in paragraph (d)(6) of this

section; and

(ii) Three training flights in a glider in

preparation for the practical test within 60

days preceding the date of the test.

(7) For a lighter-than-air airship course: 20

hours of flight training from a commercial

pilot with an airship rating on the approved

areas of operation in paragraph (d)(7) of this

section that includes at least—

(i) Except as provided in § 61.111 of this

chapter, 3 hours of cross-country flight

training in an airship;

(ii) 3 hours of night flight training in an

airship that includes—

(A) One cross-country flight over 25-

nautical-miles total distance; and

(B) Five takeoffs and five landings to a full

stop (with each landing involving a flight in

the traffic pattern) at an airport.

(iii) 3 hours of instrument training in an

airship; and

(iv) 3 hours of flight training in an airship

in preparation for the practical test within 60

days preceding the date of the test.

(8) For a lighter-than-air balloon course: 8

hours of flight training, including at least five

flights, from a commercial pilot with a

balloon rating on the approved areas of

operation in paragraph (d)(8) of this section,

that includes—

(i) If the training is being performed in a

gas balloon—

(A) Two flights of 1 hour each;

(B) One flight involving a controlled ascent

to 3,000 feet above the launch site; and

(C) Two flights in preparation for the

practical test within 60 days preceding the

date of the test.

(ii) If the training is being performed in a

balloon with an airborne heater—

(A) Two flights of 30 minutes each;

(B) One flight involving a controlled ascent

to 2,000 feet above the launch site; and

(C) Two flights in preparation for the

practical test within 60 days preceding the

date of the test.

(c) For use of flight simulators or flight

training devices:

(1) The course may include training in a

flight simulator or flight training device,

provided it is representative of the aircraft for

which the course is approved, meets the

requirements of this paragraph, and the

training is given by an instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part

may be credited for a maximum of 15 percent

of the total flight training hour requirements

of the approved course, or of this section,

whichever is less.

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part may be credited for a maximum of 7.5

percent of the total flight training hour

requirements of the approved course, or of

this section, whichever is less.

(4) Training in flight simulators or flight

training devices described in paragraphs

(c)(2) and (c)(3) of this section, if used in

combination, may be credited for a maximum

of 15 percent of the total flight training hour

requirements of the approved course, or of

this section, whichever is less. However,

credit for training in a flight training device

that meets the requirements of § 141.41(b)

cannot exceed the limitation provided for in

paragraph (c)(3) of this section.

(d) Each approved course must include the

flight training on the approved areas of

operation listed in this paragraph that are

appropriate to the aircraft category and class

rating—

(1) For a single-engine airplane course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Basic instrument maneuvers;

(x) Emergency operations;

(xi) Night operations, and

(xii) Postflight procedures.

(2) For a multiengine airplane course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Basic instrument maneuvers;

(x) Emergency operations;

(xi) Multiengine operations;

(xii) Night operations; and

(xiii) Postflight procedures.

(3) For a rotorcraft helicopter course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and go-arounds;

(vi) Performance maneuvers;

(vii) Navigation;

(viii) Emergency operations;

(ix) Night operations; and

(x) Postflight procedures.

(4) For a rotorcraft gyroplane course:

(i) Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Flight at slow airspeeds;

(ix) Emergency operations;

(x) Night operations; and

(xi) Postflight procedures.

(5) For a powered-lift course: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and go-arounds;

(vi) Performance maneuvers;

(vii) Ground reference maneuvers;

(viii) Navigation;

(ix) Slow flight and stalls;

(x) Basic instrument maneuvers;

(xi) Emergency operations;

(xii) Night operations; and

(xiii) Postflight procedures.

(6) For a glider course: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport and gliderport operations;

(iv) Launches/tows, as appropriate, and

landings;

(v) Performance speeds;

(vi) Soaring techniques;

(vii) Performance maneuvers;

(viii) Navigation;

(ix) Slow flight and stalls;

(x) Emergency operations; and

(xi) Postflight procedures.

(7) For a lighter-than-air airship course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Ground reference maneuvers;

(vii) Navigation;

(viii) Emergency operations; and

(ix) Postflight procedures.

(8) For a lighter-than-air balloon course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Launches and landings;

(v) Performance maneuvers;

(vi) Navigation;

(vii) Emergency operations; and

(viii) Postflight procedures.

5. Solo flight training. Each approved

course must include at least the following

solo flight training:

(a) For an airplane single-engine course: 5

hours of solo flight training in a single-engine

airplane on the approved areas of operation

in paragraph (d)(1) of section No. 4 of this

appendix that includes at least—

(1) One solo cross-country flight of at least

100 nautical miles with landings at a

minimum of three points, and one segment

of the flight consisting of a straight-line

distance of at least 50 nautical miles between

the takeoff and landing locations; and

(2) Three takeoffs and three landings to a

full stop (with each landing involving a flight

in the traffic pattern) at an airport with an

operating control tower.

(b) For an airplane multiengine course: 5

hours of flight training in a multiengine

airplane performing the functions of a pilot

in command while under the supervision of

a certificated flight instructor. The training

shall consist of the approved areas of

operation in paragraph (d)(2) of section No.

4 of this appendix, and include at least—

(1) One cross-country flight of at least 100

nautical miles with landings at a minimum

of three points, and one segment of the flight

consisting of a straight-line distance of at

least 50 nautical miles between the takeoff

and landing locations; and

(2) Three takeoffs and three landings to a

full stop (with each landing involving a flight

in the traffic pattern) at an airport with an

operating control tower.

(c) For a rotorcraft helicopter course: 5

hours of solo flight training in a helicopter
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16359

on the approved areas of operation in

paragraph (d)(3) of section No. 4 of this

appendix that includes at least—

(1) One solo cross-country flight of more

than 50 nautical miles with landings at a

minimum of three points, and one segment

of the flight consisting of a straight-line

distance of at least 25 nautical miles between

the takeoff and landing locations; and

(2) Three takeoffs and three landings to a

full stop (with each landing involving a flight

in the traffic pattern) at an airport with an

operating control tower.

(d) For a rotorcraft gyroplane course: 5

hours of solo flight training in gyroplanes on

the approved areas of operation in paragraph

(d)(4) of section No. 4 of this appendix that

includes at least—

(1) One solo cross-country flight of more

than 50 nautical miles with landings at a

minimum of three points, and one segment

of the flight consisting of a straight-line

distance of at least 25 nautical miles between

the takeoff and landing locations; and

(2) Three takeoffs and three landings to a

full stop (with each landing involving a flight

in the traffic pattern) at an airport with an

operating control tower.

(e) For a powered-lift course: 5 hours of

solo flight training in a powered-lift on the

approved areas of operation in paragraph

(d)(5) of section No. 4 of this appendix that

includes at least—

(1) One solo cross-country flight of at least

100 nautical miles with landings at a

minimum of three points, and one segment

of the flight consisting of a straight-line

distance of at least 50 nautical miles between

the takeoff and landing locations; and

(2) Three takeoffs and three landings to a

full stop (with each landing involving a flight

in the traffic pattern) at an airport with an

operating control tower.

(f) For a glider course: Two solo flights in

a glider on the approved areas of operation

in paragraph (d)(6) of section No. 4 of this

appendix, and the launch and tow

procedures appropriate for the approved

course.

(g) For a lighter-than-air airship course: 5

hours of flight training in an airship

performing the functions of pilot in

command while under the supervision of a

commercial pilot with an airship rating. The

training shall consist of the approved areas

of operation in paragraph (d)(7) of section

No. 4 of this appendix.

(h) For a lighter-than-air balloon course:

Two solo flights in a balloon with an airborne

heater if the course involves a balloon with

an airborne heater, or, if the course involves

a gas balloon, at least two flights in a gas

balloon performing the functions of pilot in

command while under the supervision of a

commercial pilot with a balloon rating. The

training shall consist of the approved areas

of operation in paragraph (d)(8) of section

No. 4 of this appendix, in the kind of balloon

for which the course applies.

6. Stage checks and end-of-course tests.

(a) Each student enrolled in a private pilot

course must satisfactorily accomplish the

stage checks and end-of-course tests in

accordance with the school’s approved

training course, consisting of the approved

areas of operation listed in paragraph (d) of

section No. 4 of this appendix that are

appropriate to the aircraft category and class

rating for which the course applies.

(b) Each student must demonstrate

satisfactory proficiency prior to being

endorsed to operate an aircraft in solo flight.

Appendix C to Part 141—Instrument Rating

Course

1. Applicability. This appendix prescribes

the minimum curriculum for an instrument

rating course and an additional instrument

rating course, required under this part, for

the following ratings:

(a) Instrument—airplane.

(b) Instrument—helicopter.

(c) Instrument—powered-lift.

2. Eligibility for enrollment. A person must

hold at least a private pilot certificate with

an aircraft category and class rating

appropriate to the instrument rating for

which the course applies prior to enrolling in

the flight portion of the instrument rating

course.

3. Aeronautical knowledge training. (a)

Each approved course must include at least

the following ground training on the

aeronautical knowledge areas listed in

paragraph (b) of this section appropriate to

the instrument rating for which the course

applies:

(1) 30 hours of training if the course is for

an initial instrument rating.

(2) 20 hours of training if the course is for

an additional instrument rating.

(b) Ground training must include the

following aeronautical knowledge areas:

(1) Applicable Federal Aviation

Regulations for IFR flight operations;

(2) Appropriate information in the

‘‘Aeronautical Information Manual’’;

(3) Air traffic control system and

procedures for instrument flight operations;

(4) IFR navigation and approaches by use

of navigation systems;

(5) Use of IFR en route and instrument

approach procedure charts;

(6) Procurement and use of aviation

weather reports and forecasts, and the

elements of forecasting weather trends on the

basis of that information and personal

observation of weather conditions;

(7) Safe and efficient operation of aircraft

under instrument flight rules and conditions;

(8) Recognition of critical weather

situations and windshear avoidance;

(9) Aeronautical decision making and

judgment; and

(10) Crew resource management, to include

crew communication and coordination.

4. Flight training. (a) Each approved course

must include at least the following flight

training on the approved areas of operation

listed in paragraph (d) of this section,

appropriate to the instrument-aircraft

category and class rating for which the course

applies:

(1) 35 hours of instrument training if the

course is for an initial instrument rating.

(2) 15 hours of instrument training if the

course is for an additional instrument rating.

(b) For the use of flight simulators or flight

training devices—

(1) The course may include training in a

flight simulator or flight training device,

provided it is representative of the aircraft for

which the course is approved, meets the

requirements of this paragraph, and the

training is given by an instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part

may be credited for a maximum of 50 percent

of the total flight training hour requirements

of the approved course, or of this section,

whichever is less.

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part may be credited for a maximum of 25

percent of the total flight training hour

requirements of the approved course, or of

this section, whichever is less.

(4) Training in flight simulators or flight

training devices described in paragraphs

(b)(2) and (b)(3) of this section, if used in

combination, may be credited for a maximum

of 50 percent of the total flight training hour

requirements of the approved course, or of

this section, whichever is less. However,

credit for training in a flight training device

that meets the requirements of § 141.41(b)

cannot exceed the limitation provided for in

paragraph (b)(3) of this section.

(c) Each approved course must include the

following flight training—

(1) For an instrument airplane course:

Instrument training time from a certificated

flight instructor with an instrument rating on

the approved areas of operation in paragraph

(d) of this section including at least one

cross-country flight that—

(i) Is in the category and class of airplane

that the course is approved for, and is

performed under IFR;

(ii) Is a distance of at least 250 nautical

miles along airways or ATC-directed routing

with one segment of the flight consisting of

at least a straight-line distance of 100

nautical miles between airports;

(iii) Involves an instrument approach at

each airport; and

(iv) Involves three different kinds of

approaches with the use of navigation

systems.

(2) For an instrument helicopter course:

Instrument training time from a certificated

flight instructor with an instrument rating on

the approved areas of operation in paragraph

(d) of this section including at least one

cross-country flight that—

(i) Is in a helicopter and is performed

under IFR;

(ii) Is a distance of at least 100 nautical

miles along airways or ATC-directed routing

with one segment of the flight consisting of

at least a straight-line distance of 50 nautical

miles between airports;

(iii) Involves an instrument approach at

each airport; and

(iv) Involves three different kinds of

approaches with the use of navigation

systems.

(3) For an instrument powered-lift course:

Instrument training time from a certificated

flight instructor with an instrument rating on

the approved areas of operation in paragraph

(d) of this section including at least one

cross-country flight that—

(i) Is in a powered-lift and is performed

under IFR;

(ii) Is a distance of at least 250 nautical

miles along airways or ATC-directed routing

with one segment of the flight consisting of
16360 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

at least a straight-line distance of 100

nautical miles between airports;

(iii) Involves an instrument approach at

each airport; and

(iv) Involves three different kinds of

approaches with the use of navigation

systems.

(d) Each approved course must include the

flight training on the approved areas of

operation listed in this paragraph appropriate

to the instrument aircraft category and class

rating for which the course applies:

(1) Preflight preparation;

(2) Preflight procedures;

(3) Air traffic control clearances and

procedures;

(4) Flight by reference to instruments;

(5) Navigation systems;

(6) Instrument approach procedures;

(7) Emergency operations; and

(8) Postflight procedures.

5. Stage checks and end-of-course tests.

Each student enrolled in an instrument rating

course must satisfactorily accomplish the

stage checks and end-of-course tests, in

accordance with the school’s approved

training course, consisting of the approved

areas of operation listed in paragraph (d) of

section No. 4 of this appendix that are

appropriate to the aircraft category and class

rating for which the course applies.

Appendix D to Part 141—Commercial Pilot

Ccrtification Course

1. Applicability. This appendix prescribes

the minimum curriculum for a commercial

pilot certification course required under this

part, for the following ratings:

(a) Airplane single-engine.

(b) Airplane multiengine.

(c) Rotorcraft helicopter.

(d) Rotorcraft gyroplane.

(e) Powered-lift.

(f) Glider.

(g) Lighter-than-air airship.

(h) Lighter-than-air balloon.

2. Eligibility for enrollment. A person must

hold the following prior to enrolling in the

flight portion of the commercial pilot

certification course:

(a) At least a private pilot certificate; and

(b) If the course is for a rating in an

airplane or a powered-lift category, then the

person must:

(1) Hold an instrument rating in the aircraft

that is appropriate to the aircraft category

rating for which the course applies; or

(2) Be concurrently enrolled in an

instrument rating course that is appropriate

to the aircraft category rating for which the

course applies, and pass the required

instrument rating practical test prior to

completing the commercial pilot certification

course.

3. Aeronautical knowledge training. (a)

Each approved course must include at least

the following ground training on the

aeronautical knowledge areas listed in

paragraph (b) of this section, appropriate to

the aircraft category and class rating for

which the course applies:

(1) 65 hours of training if the course is for

an airplane category rating, powered-lift

category rating, or a lighter-than-air category

with an airship class rating.

(2) 30 hours of training if the course is for

a rotorcraft category rating.

(3) 20 hours of training if the course is for

a glider category rating.

(4) 20 hours of training if the course is for

a lighter-than-air category with a balloon

class rating.

(b) Ground training must include the

following aeronautical knowledge areas:

(1) Federal Aviation Regulations that apply

to commercial pilot privileges, limitations,

and flight operations;

(2) Accident reporting requirements of the

National Transportation Safety Board;

(3) Basic aerodynamics and the principles

of flight;

(4) Meteorology, to include recognition of

critical weather situations, windshear

recognition and avoidance, and the use of

aeronautical weather reports and forecasts;

(5) Safe and efficient operation of aircraft;

(6) Weight and balance computations;

(7) Use of performance charts;

(8) Significance and effects of exceeding

aircraft performance limitations;

(9) Use of aeronautical charts and a

magnetic compass for pilotage and dead

reckoning;

(10) Use of air navigation facilities;

(11) Aeronautical decision making and

judgment;

(12) Principles and functions of aircraft

systems;

(13) Maneuvers, procedures, and

emergency operations appropriate to the

aircraft;

(14) Night and high-altitude operations;

(15) Descriptions of and procedures for

operating within the National Airspace

System; and

(16) Procedures for flight and ground

training for lighter-than-air ratings.

4. Flight training. (a) Each approved course

must include at least the following flight

training, as provided in this section and

section No. 5 of this appendix, on the

approved areas of operation listed in

paragraph (d) of this section that are

appropriate to the aircraft category and class

rating for which the course applies:

(1) 155 hours of training if the course is for

an airplane, powered-lift, or an airship rating.

(2) 115 hours of training if the course is for

a rotorcraft rating.

(3) 6 hours of training if the course is for

a glider rating.

(4) 10 hours and 8 training flights if the

course is for a balloon rating.

(b) Each approved course must include at

least the following flight training:

(1) For an airplane single-engine course: 55

hours of flight training from a certificated

flight instructor on the approved areas of

operation listed in paragraph (d)(1) of this

section that includes at least—

(i) 5 hours of instrument training in a

single-engine airplane;

(ii) 10 hours of training in a single-engine

airplane that has retractable landing gear,

flaps, and a controllable pitch propeller, or

is turbine-powered;

(iii) One cross-country flight in a singleengine airplane of at least a 2-hour duration,

a total straight-line distance of more than 100

nautical miles from the original point of

departure, and occurring in day VFR

conditions;

(iv) One cross-country flight in a singleengine airplane of at least a 2-hour duration,

a total straight-line distance of more than 100

nautical miles from the original point of

departure, and occurring in night VFR

conditions; and

(v) 3 hours in a single-engine airplane in

preparation for the practical test within 60

days preceding the date of the test.

(2) For an airplane multiengine course: 55

hours of flight training from a certificated

flight instructor on the approved areas of

operation listed in paragraph (d)(2) of this

section that includes at least—

(i) 5 hours of instrument training in a

multiengine airplane;

(ii) 10 hours of training in a multiengine

airplane that has retractable landing gear,

flaps, and a controllable pitch propeller, or

is turbine-powered;

(iii) One cross-country flight in a

multiengine airplane of at least a 2-hour

duration, a total straight-line distance of

more than 100 nautical miles from the

original point of departure, and occurring in

day VFR conditions;

(iv) One cross-country flight in a

multiengine airplane of at least a 2-hour

duration, a total straight-line distance of

more than 100 nautical miles from the

original point of departure, and occurring in

night VFR conditions; and

(v) 3 hours in a multiengine airplane in

preparation for the practical test within 60

days preceding the date of the test.

(3) For a rotorcraft helicopter course: 30

hours of flight training from a certificated

flight instructor on the approved areas of

operation listed in paragraph (d)(3) of this

section that includes at least—

(i) 5 hours of instrument training;

(ii) One cross-country flight in a helicopter

of at least a 2-hour duration, a total straightline distance of more than 50 nautical miles

from the original point of departure and

occurring in day VFR conditions;

(iii) One cross-country flight in a helicopter

of at least a 2-hour duration, a total straightline distance of more than 50 nautical miles

from the original point of departure, and

occurring in night VFR conditions; and

(iv) 3 hours in a helicopter in preparation

for the practical test within 60 days

preceding the date of the test.

(4) For a rotorcraft gyroplane course: 30

hours of flight training from a certificated

flight instructor on the approved areas of

operation listed in paragraph (d)(4) of this

section that includes at least—

(i) 5 hours of instrument training;

(ii) One cross-country flight in a gyroplane

of at least a 2-hour duration, a total straightline distance of more than 50 nautical miles

from the original point of departure, and

occurring in day VFR conditions;

(iii) One cross-country flight in a gyroplane

of at least a 2-hour duration, a total straightline distance of more than 50 nautical miles

from the original point of departure, and

occurring in night VFR conditions; and

(iv) 3 hours in a gyroplane in preparation

for the practical test within 60 days

preceding the date of the test.

(5) For a powered-lift course: 55 hours of

flight training from a certificated flight

instructor on the approved areas of operation
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16361

listed in paragraph (d)(5) of this section that

includes at least—

(i) 5 hours of instrument training in a

powered-lift;

(ii) One cross-country flight in a poweredlift of at least a 2-hour duration, a total

straight-line distance of more than 100

nautical miles from the original point of

departure, and occurring in day VFR

conditions;

(iii) One cross-country flight in a poweredlift of at least a 2-hour duration, a total

straight-line distance of more than 100

nautical miles from the original point of

departure, and occurring in night VFR

conditions; and

(iv) 3 hours in a powered-lift in

preparation for the practical test within 60

days preceding the date of the test.

(6) For a glider course: 4 hours of flight

training from a certificated flight instructor

on the approved areas of operation in

paragraph (d)(6) of this section, that includes

at least—

(i) Five training flights in a glider on

launch/tow procedures approved for the

course and on the appropriate approved areas

of operation listed in paragraph (d)(6) of this

section; and

(ii) Three training flights in a glider in

preparation for the practical test within the

60 days preceding the date of the test.

(7) For a lighter-than-air airship course: 55

hours of flight training in airships from a

commercial pilot with an airship rating on

the approved areas of operation in paragraph

(d)(7) of this section that includes at least—

(i) 3 hours of instrument training in an

airship;

(ii) One cross-country flight in an airship

of at least a 1-hour duration, a total straightline distance of more than 25 nautical miles

from the original point of departure, and

occurring in day VFR conditions; and

(iii) One cross-country flight in an airship

of at least a 1-hour duration, a total straightline distance of more than 25 nautical miles

from the original point of departure, and

occurring in night VFR conditions; and

(iv) 3 hours in an airship, in preparation

for the practical test within 60 days

preceding the date of the test.

(8) For a lighter-than-air balloon course:

Flight training from a commercial pilot with

a balloon rating on the approved areas of

operation in paragraph (d)(8) of this section

that includes at least—

(i) If the course involves training in a gas

balloon:

(A) Two flights of 1 hour each;

(B) One flight involving a controlled ascent

to at least 5,000 feet above the launch site;

and

(C) Two flights in preparation for the

practical test within 60 days preceding the

date of the test.

(ii) If the course involves training in a

balloon with an airborne heater:

(A) Two flights of 30 minutes each;

(B) One flight involving a controlled ascent

to at least 3,000 feet above the launch site;

and

(C) Two flights in preparation for the

practical test within 60 days preceding the

date of the test.

(c) For the use of flight simulators or flight

training devices:

(1) The course may include training in a

flight simulator or flight training device,

provided it is representative of the aircraft for

which the course is approved, meets the

requirements of this paragraph, and is given

by an instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part

may be credited for a maximum of 20 percent

of the total flight training hour requirements

of the approved course, or of this section,

whichever is less.

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part 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.

(4) Training in the flight training devices

described in paragraphs (c)(2) and (c)(3) of

this section, if used in combination, may be

credited for a maximum of 20 percent of the

total flight training hour requirements of the

approved course, or of this section,

whichever is less. However, credit for

training in a flight training device that meets

the requirements of § 141.41(b) cannot

exceed the limitation provided for in

paragraph (c)(3) of this section.

(d) Each approved course must include the

flight training on the approved areas of

operation listed in this paragraph that are

appropriate to the aircraft category and class

rating—

(1) For an airplane single-engine course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Navigation;

(vii) Slow flight and stalls;

(viii) Emergency operations;

(ix) High-altitude operations; and

(x) Postflight procedures.

(2) For an airplane multiengine course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and seaplane base operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Navigation;

(vii) Slow flight and stalls;

(viii) Emergency operations;

(ix) Multiengine operations;

(x) High-altitude operations; and

(xi) Postflight procedures.

(3) For a rotorcraft helicopter course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and go-arounds;

(vi) Performance maneuvers;

(vii) Navigation;

(viii) Emergency operations;

(ix) Special operations; and

(x) Postflight procedures.

(4) For a rotorcraft gyroplane course: (i)

Preflight preparation;

(ii) Preflight procedures;

(iii) Airport operations;

(iv) Takeoffs, landings, and go-arounds;

(v) Performance maneuvers;

(vi) Navigation;

(vii) Flight at slow airspeeds;

(viii) Emergency operations; and

(ix) Postflight procedures.

(5) For a powered-lift course: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport and heliport operations;

(iv) Hovering maneuvers;

(v) Takeoffs, landings, and go-arounds;

(vi) Performance maneuvers;

(vii) Navigation;

(viii) Slow flight and stalls;

(ix) Emergency operations;

(x) High altitude operations;

(xi) Special operations; and

(xii) Postflight procedures.

(6) For a glider course: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Airport and gliderport operations;

(iv) Launches/tows, as appropriate, and

landings;

(v) Performance speeds;

(vi) Soaring techniques;

(vii) Performance maneuvers;

(viii) Navigation;

(ix) Slow flight and stalls;

(x) Emergency operations; and

(xi) Postflight procedures.

(7) For a lighter-than-air airship course: (i)

Fundamentals of instructing;

(ii) Technical subjects;

(iii) Preflight preparation;

(iv) Preflight lessons on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport operations;

(vii) Takeoffs, landings, and go-arounds;

(viii) Performance maneuvers;

(ix) Navigation;

(x) Emergency operations; and

(xi) Postflight procedures.

(8) For a lighter-than-air balloon course: (i)

Fundamentals of instructing;

(ii) Technical subjects;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport operations;

(vii) Launches and landings;

(viii) Performance maneuvers;

(ix) Navigation;

(x) Emergency operations; and

(xi) Postflight procedures.

5. Solo training. Each approved course

must include at least the following solo flight

training:

(a) For an airplane single-engine course: 10

hours of solo flight training in a single-engine

airplane on the approved areas of operation

in paragraph (d)(1) of section No. 4 of this

appendix that includes at least—

(1) One cross-country flight, if the training

is being performed in the State of Hawaii,

with landings at a minimum of three points,

and one of the segments consisting of a

straight-line distance of at least 150 nautical

miles;

(2) One cross-country flight, if the training

is being performed in a State other than

Hawaii, with landings at a minimum of three

points, and one segment of the flight

consisting of a straight-line distance of at

least 250 nautical miles; and

(3) 5 hours in night VFR conditions with

10 takeoffs and 10 landings (with each
16362 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

landing involving a flight with a traffic

pattern) at an airport with an operating

control tower.

(b) For an airplane multiengine course: 10

hours of flight training in a multiengine

airplane performing the functions of pilot in

command while under the supervision of a

certificated flight instructor. The training

shall consist of the approved areas of

operation in paragraph (d)(2) of section No.

4 of this appendix, and include at least—

(1) One cross-country flight, if the training

is being performed in the State of Hawaii,

with landings at a minimum of three points,

and one of the segments consisting of a

straight-line distance of at least 150 nautical

miles;

(2) One cross-country flight, if the training

is being performed in a State other than

Hawaii, with landings at a minimum of three

points and one segment of the flight

consisting of straight-line distance of at least

250 nautical miles; and

(3) 5 hours in night VFR conditions with

10 takeoffs and 10 landings (with each

landing involving a flight with a traffic

pattern) at an airport with an operating

control tower.

(c) For a rotorcraft helicopter course: 10

hours of solo flight training in a helicopter

on the approved areas of operation in

paragraph (d)(3) of section No. 4 of this

appendix that includes at least—

(1) One cross-country flight with landings

at a minimum of three points and one

segment of the flight consisting of a straightline distance of at least 50 nautical miles

from the original point of departure; and

(2) 5 hours in night VFR conditions with

10 takeoffs and 10 landings (with each

landing involving a flight with a traffic

pattern) at an airport with an operating

control tower.

(d) For a rotorcraft-gyroplane course: 10

hours of solo flight training in a gyroplane on

the approved areas of operation in paragraph

(d)(4) of section No. 4 of this appendix that

includes at least—

(1) One cross-country flight with landings

at a minimum of three points, and one

segment of the flight consisting of a straightline distance of at least 50 nautical miles

from the original point of departure; and

(2) 5 hours in night VFR conditions with

10 takeoffs and 10 landings (with each

landing involving a flight with a traffic

pattern) at an airport with an operating

control tower.

(e) For a powered-lift course: 10 hours of

solo flight training in a powered-lift on the

approved areas of operation in paragraph

(d)(5) of section No. 4 of this appendix that

includes at least—

(1) One cross-country flight, if the training

is being performed in the State of Hawaii,

with landings at a minimum of three points,

and one segment of the flight consisting of a

straight-line distance of at least 150 nautical

miles;

(2) One cross-country flight, if the training

is being performed in a State other than

Hawaii, with landings at a minimum of three

points, and one segment of the flight

consisting of a straight-line distance of at

least 250 nautical miles; and

(3) 5 hours in night VFR conditions with

10 takeoffs and 10 landings (with each

landing involving a flight with a traffic

pattern) at an airport with an operating

control tower.

(f) For a glider course: 5 solo flights in a

glider on the approved areas of operation in

paragraph (d)(6) of section No. 4 of this

appendix.

(g) For a lighter-than-air airship course: 10

hours of flight training in an airship, while

performing the functions of pilot in

command under the supervision of a

commercial pilot with an airship rating. The

training shall consist of the approved areas

of operation in paragraph (d)(7) of section

No. 4 of this appendix and include at least—

(1) One cross-country flight with landings

at a minimum of three points, and one

segment of the flight consisting of a straightline distance of at least 25 nautical miles

from the original point of departure; and

(2) 5 hours in night VFR conditions with

10 takeoffs and 10 landings (with each

landing involving a flight with a traffic

pattern).

(h) For a lighter-than-air balloon course:

Two solo flights if the course is for a hot air

balloon rating, or, if the course is for a gas

balloon rating, at least two flights in a gas

balloon, while performing the duties of pilot

in command under the supervision of a

commercial pilot with a balloon rating. The

training shall consist of the approved areas

of operation in paragraph (d)(8) of section

No. 4 of this appendix, in the kind of balloon

for which the course applies.

6. Stage checks and end-of-course tests. (a)

Each student enrolled in a commercial pilot

course must satisfactorily accomplish the

stage checks and end-of-course tests, in

accordance with the school’s approved

training course, consisting of the approved

areas of operation listed in paragraph (d) of

section No. 4 of this appendix that are

appropriate to aircraft category and class

rating for which the course applies.

(b) Each student must demonstrate

satisfactory proficiency prior to being

endorsed to operate an aircraft in solo flight.

Appendix E to Part 141—Airline Transport

Pilot Certification Course

1. Applicability. This appendix prescribes

the minimum curriculum for a airline

transport pilot certification course under this

part, for the following ratings:

(a) Airplane single-engine.

(b) Airplane multiengine.

(c) Rotorcraft helicopter.

(d) Powered-lift.

2. Eligibility for enrollment. Prior to

enrolling in the flight portion of the airline

transport pilot certification course, a person

must:

(a) Meet the aeronautical experience

requirements prescribed in subpart G of part

61 of this chapter for an airline transport

pilot certificate that is appropriate to the

aircraft category and class rating for which

the course applies;

(b) Hold at least a commercial pilot

certificate and an instrument rating;

(c) Meet the military experience

requirements under § 61.73 of this chapter to

qualify for a commercial pilot certificate and

an instrument rating, if the person is a rated

military pilot or former rated military pilot of

an Armed Force of the United States; or

(d) Hold either a foreign airline transport

pilot license or foreign commercial pilot

license and an instrument rating, if the

person holds a pilot license issued by a

contracting State to the Convention on

International Civil Aviation.

3. Aeronautical knowledge areas. (a) Each

approved course must include at least 40

hours of ground training on the aeronautical

knowledge areas listed in paragraph (b) of

this section, appropriate to the aircraft

category and class rating for which the course

applies.

(b) Ground training must include the

following aeronautical knowledge areas:

(1) Applicable Federal Aviation

Regulations of this chapter that relate to

airline transport pilot privileges, limitations,

and flight operations;

(2) Meteorology, including knowledge of

and effects of fronts, frontal characteristics,

cloud formations, icing, and upper-air data;

(3) General system of weather and NOTAM

collection, dissemination, interpretation, and

use;

(4) Interpretation and use of weather

charts, maps, forecasts, sequence reports,

abbreviations, symbols;

(5) National Weather Service functions as

they pertain to operations in the National

Airspace System;

(6) Windshear and microburst awareness,

identification, and avoidance;

(7) Principles of air navigation under

instrument meteorological conditions in the

National Airspace System;

(8) Air traffic control procedures and pilot

responsibilities as they relate to en route

operations, terminal area and radar

operations, and instrument departure and

approach procedures;

(9) Aircraft loading; weight and balance;

use of charts, graphs, tables, formulas, and

computations; and the effects on aircraft

performance;

(10) Aerodynamics relating to an aircraft’s

flight characteristics and performance in

normal and abnormal flight regimes;

(11) Human factors;

(12) Aeronautical decision making and

judgment; and

(13) Crew resource management to include

crew communication and coordination.

4. Flight training. (a) Each approved course

must include at least 25 hours of flight

training on the approved areas of operation

listed in paragraph (c) of this section

appropriate to the aircraft category and class

rating for which the course applies. At least

15 hours of this flight training must be

instrument flight training; and

(b) For the use of flight simulators or flight

training devices—

(1) The course may include training in a

flight simulator or flight training device,

provided it is representative of the aircraft for

which the course is approved, meets the

requirements of this paragraph, and the

training is given by an instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part

may be credited for a maximum of 50 percent

of the total flight training hour requirements

of the approved course, or of this section,

whichever is less.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16363

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part may be credited for a maximum of 25

percent of the total flight training hour

requirements of the approved course, or of

this section, whichever is less.

(4) Training in flight simulators or flight

training devices described in paragraphs

(b)(2) and (b)(3) of this section, if used in

combination, may be credited for a maximum

of 50 percent of the total flight training hour

requirements of the approved course, or of

this section, whichever is less. However,

credit for training in a flight training device

that meets the requirements of § 141.41(b)

cannot exceed the limitation provided for in

paragraph (b)(3) of the section.

(c) Each approved course must include

flight training on the approved areas of

operation listed in this paragraph appropriate

to the aircraft category and class rating for

which the course applies:

(1) Preflight preparation;

(2) Preflight procedures;

(3) Takeoff and departure phase;

(4) In-flight maneuvers;

(5) Instrument procedures;

(6) Landings and approaches to landings;

(7) Normal and abnormal procedures;

(8) Emergency procedures; and

(9) Postflight procedures.

5. Stage checks and end-of-course tests. (a)

Each student enrolled in an airline transport

pilot course must satisfactorily accomplish

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

accordance with the school’s approved

training course, consisting of the approved

areas of operation listed in paragraph (c) of

section No. 4 of this appendix that are

appropriate to the aircraft category and class

rating for which the course applies.

(b) Each student must demonstrate

satisfactory proficiency prior to being

endorsed to operate an aircraft in solo flight.

Appendix F to Part 141—Floght Instructor

Certification Course

1. Applicability. This appendix prescribes

the minimum curriculum for a flight

instructor certification course and an

additional flight instructor rating course

required under this part, for the following

ratings:

(a) Airplane single-engine.

(b) Airplane multiengine.

(c) Rotorcraft helicopter.

(d) Rotorcraft gyroplane.

(e) Powered-lift.

(f) Glider category.

2. Eligibility for enrollment. A person must

hold the following prior to enrolling in the

flight portion of the flight instructor or

additional flight instructor rating course:

(a) A commercial pilot certificate or an

airline transport pilot certificate, with an

aircraft category and class rating appropriate

to the flight instructor rating for which the

course applies; and

(b) An instrument rating or privilege in an

aircraft that is appropriate to the aircraft

category and class rating for which the course

applies, if the course is for a flight instructor

airplane or powered-lift instrument rating.

3. Aeronautical knowledge training. (a)

Each approved course must include at least

the following ground training in the

aeronautical knowledge areas listed in

paragraph (b) of this section:

(1) 40 hours of training if the course is for

an initial issuance of a flight instructor

certificate; or

(2) 20 hours of training if the course is for

an additional flight instructor rating.

(b) Ground training must include the

following aeronautical knowledge areas:

(1) The fundamentals of instructing

including—

(i) The learning process;

(ii) Elements of effective teaching;

(iii) Student evaluation and testing;

(iv) Course development;

(v) Lesson planning; and

(vi) Classroom training techniques.

(2) The aeronautical knowledge areas in

which training is required for—

(i) A recreational, private, and commercial

pilot certificate that is appropriate to the

aircraft category and class rating for which

the course applies; and

(ii) An instrument rating that is appropriate

to the aircraft category and class rating for

which the course applies, if the course is for

an airplane or powered-lift aircraft rating.

(c) A student who satisfactorily completes

2 years of study on the principles of

education at a college or university may be

credited with no more than 20 hours of the

training required in paragraph (a)(1) of this

section.

4. Flight training. (a) Each approved course

must include at least the following flight

training on the approved areas of operation

of paragraph (c) of this section appropriate to

the flight instructor rating for which the

course applies:

(1) 25 hours, if the course is for an

airplane, rotorcraft, or powered-lift rating;

and

(2) 10 hours and 10 flights, if the course

is for a glider category rating.

(b) For the use of flight simulators or flight

training devices:

(1) The course may include training in a

flight simulator or flight training device,

provided it is representative of the aircraft for

which the course is approved, meets the

requirements of this paragraph, and the

training is given by an instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part,

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.

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part, 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.

(4) Training in flight simulators or flight

training devices described in paragraphs

(b)(2) and (b)(3) of this section, if used in

combination, 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. However,

credit for training in a flight training device

that meets the requirements of § 141.41(b)

cannot exceed the limitation provided for in

paragraph (b)(3) of this section.

(c) Each approved course must include

flight training on the approved areas of

operation listed in this paragraph that are

appropriate to the aircraft category and class

rating for which the course applies—

(1) For an airplane—single-engine course:

(i) Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport and seaplane base operations;

(vii) Takeoffs, landings, and go-arounds;

(viii) Fundamentals of flight;

(ix) Performance maneuvers;

(x) Ground reference maneuvers;

(xi) Slow flight, stalls, and spins;

(xii) Basic instrument maneuvers;

(xiii) Emergency operations; and

(xiv) Postflight procedures.

(2) For an airplane—multiengine course: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport and seaplane base operations;

(vii) Takeoffs, landings, and go-arounds;

(viii) Fundamentals of flight;

(ix) Performance maneuvers;

(x) Ground reference maneuvers;

(xi) Slow flight and stalls;

(xii) Basic instrument maneuvers;

(xiii) Emergency operations;

(xiv) Multiengine operations; and

(xv) Postflight procedures.

(3) For a rotorcraft—helicopter course: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport and heliport operations;

(vii) Hovering maneuvers;

(viii) Takeoffs, landings, and go-arounds;

(ix) Fundamentals of flight;

(x) Performance maneuvers;

(xi) Emergency operations;

(xii) Special operations; and

(xiii) Postflight procedures.

(4) For a rotorcraft—gyroplane course: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport operations;

(vii) Takeoffs, landings, and go-arounds;

(viii) Fundamentals of flight;

(ix) Performance maneuvers;

(x) Flight at slow airspeeds;

(xi) Ground reference maneuvers;

(xii) Emergency operations; and

(xiii) Postflight procedures.

(5) For a powered-lift course: (i)

Fundamentals of instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport and heliport operations;

(vii) Hovering maneuvers;

(viii) Takeoffs, landings, and go-arounds;
16364 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(ix) Fundamentals of flight;

(x) Performance maneuvers;

(xi) Ground reference maneuvers;

(xii) Slow flight and stalls;

(xiii) Basic instrument maneuvers;

(xiv) Emergency operations;

(xv) Special operations; and

(xvi) Postflight procedures.

(6) For a glider course: (i) Fundamentals of

instructing;

(ii) Technical subject areas;

(iii) Preflight preparation;

(iv) Preflight lesson on a maneuver to be

performed in flight;

(v) Preflight procedures;

(vi) Airport and gliderport operations;

(vii) Launches, landings, and go-arounds;

(viii) Fundamentals of flight;

(ix) Performance speeds;

(x) Soaring techniques;

(xi) Performance maneuvers;

(xii) Slow flight, stalls, and spins;

(xiii) Emergency operations; and

(xiv) Postflight procedures.

5. Stage checks and end-of-course tests. (a)

Each student enrolled in a flight instructor

course must satisfactorily accomplish the

stage checks and end-of-course tests, in

accordance with the school’s approved

training course, consisting of the appropriate

approved areas of operation listed in

paragraph (c) of section No. 4 of this

appendix appropriate to the flight instructor

rating for which the course applies.

(b) In the case of a student who is enrolled

in a flight instructor-airplane rating or flight

instructor-glider rating course, that student

must have:

(1) Received a logbook endorsement from

a certificated flight instructor certifying the

student received ground and flight training

on stall awareness, spin entry, spins, and

spin recovery procedures in an aircraft that

is certificated for spins and is appropriate to

the rating sought; and

(2) Demonstrated instructional proficiency

in stall awareness, spin entry, spins, and spin

recovery procedures.

Appendix G to Part 141—Flight Instructor

Instrument (For an Airplane, Helicopter, or

Powered-Lift Instrument Instructor Rating,

ae Appropriate) Certification Course

1. Applicability. This appendix prescribes

the minimum curriculum for a flight

instructor instrument certification course

required under this part, for the following

ratings:

(a) Flight Instructor Instrument—Airplane.

(b) Flight Instructor Instrument—

Helicopter.

(c) Flight Instructor Instrument—Poweredlift aircraft.

2. Eligibility for enrollment. A person must

hold the following prior to enrolling in the

flight portion of the flight instructor

instrument course:

(a) A commercial pilot certificate or airline

transport pilot certificate with an aircraft

category and class rating appropriate to the

flight instructor category and class rating for

which the course applies; and

(b) An instrument rating or privilege on

that flight instructor applicant’s pilot

certificate that is appropriate to the flight

instructor instrument rating (for an airplane,

helicopter-, or powered-lift-instrument

rating, as appropriate) for which the course

applies.

3. Aeronautical knowledge training. (a)

Each approved course must include at least

15 hours of ground training on the

aeronautical knowledge areas listed in

paragraph (b) of this section, appropriate to

the flight instructor instrument rating (for an

airplane-, helicopter-, or powered-liftinstrument rating, as appropriate) for which

the course applies:

(b) Ground training must include the

following aeronautical knowledge areas:

(1) The fundamentals of instructing

including:

(i) Learning process;

(ii) Elements of effective teaching;

(iii) Student evaluation and testing;

(iv) Course development;

(v) Lesson planning; and

(vi) Classroom training techniques.

(2) The aeronautical knowledge areas in

which training is required for an instrument

rating that is appropriate to the aircraft

category and class rating for the course which

applies.

4. Flight training. (a) Each approved course

must include at least 15 hours of flight

training in the approved areas of operation of

paragraph (c) of this section appropriate to

the flight instructor rating for which the

course applies.

(b) For the use of flight simulators or flight

training devices:

(1) The course may include training in a

flight simulator or flight training device,

provided it is representative of the aircraft for

which the course is approved for, meets

requirements of this paragraph, and the

training is given by an instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part,

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.

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part, 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.

(4) Training in flight simulators or flight

training devices described in paragraphs

(b)(2) and (b)(3) of this section, if used in

combination, 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. However,

credit for training in a flight training device

that meets the requirements of § 141.41(b)

cannot exceed the limitation provided for in

paragraph (b)(3) of this section.

(c) An approved course for the flight

instructor-instrument rating must include

flight training on the following approved

areas of operation that are appropriate to the

instrument-aircraft category and class rating

for which the course applies:

(1) Fundamentals of instructing;

(2) Technical subject areas;

(3) Preflight preparation;

(4) Preflight lesson on a maneuver to be

performed in flight;

(5) Air traffic control clearances and

procedures;

(6) Flight by reference to instruments;

(7) Navigation systems;

(8) Instrument approach procedures;

(9) Emergency operations; and

(10) Postflight procedures.

5. Stage checks and end-of-course tests.

Each student enrolled in a flight instructor

instrument course must satisfactorily

accomplish the stage checks and end-ofcourse tests, in accordance with the school’s

approved training course, consisting of the

approved areas of operation listed in

paragraph (c) of section No. 4 of this

appendix that are appropriate to the flight

instructor instrument rating (for an airplane-

, helicopter-, or powered-lift-instrument

rating, as appropriate) for which the course

applies.

Appendix H to Part 141—Ground Instructor

Certification Course

1. Applicability. This appendix prescribes

the minimum curriculum for a ground

instructor certification course and an

additional ground instructor rating course,

required under this part, for the following

ratings:

(a) Ground Instructor—Basic.

(b) Ground Instructor—Advanced.

(c) Ground Instructor—Instrument.

2. Aeronautical knowledge training. (a)

Each approved course must include at least

the following ground training on the

knowledge areas listed in paragraphs (b), (c),

(d), and (e) of this section, appropriate to the

ground instructor rating for which the course

applies:

(1) 20 hours of training if the course is for

an initial issuance of a ground instructor

certificate; or

(2) 10 hours of training if the course is for

an additional ground instructor rating.

(b) Ground training must include the

following aeronautical knowledge areas:

(1) Learning process;

(2) Elements of effective teaching;

(3) Student evaluation and testing;

(4) Course development;

(5) Lesson planning; and

(6) Classroom training techniques.

(c) Ground training for a basic ground

instructor certificate must include the

aeronautical knowledge areas applicable to a

recreational and private pilot.

(d) Ground training for an advanced

ground instructor rating must include the

aeronautical knowledge areas applicable to a

recreational, private, commercial, and airline

transport pilot.

(e) Ground training for an instrument

ground instructor rating must include the

aeronautical knowledge areas applicable to

an instrument rating.

(f) A student who satisfactorily completed

2 years of study on the principles of

education at a college or university may be

credited with 10 hours of the training

required in paragraph (a)(1) of this section.

3. Stage checks and end-of-course tests.

Each student enrolled in a ground instructor

course must satisfactorily accomplish the

stage checks and end-of-course tests, in

accordance with the school’s approved

training course, consisting of the approved
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16365

knowledge areas in paragraph (b), (c), (d),

and (e) of section No. 2 of this appendix

appropriate to the ground instructor rating

for which the course applies.

Appendix I to Part 141—Additional Aircraft

Category or Class Rating Course

1. Applicability. This appendix prescribes

the minimum curriculum for an additional

aircraft category rating course or an

additional aircraft class rating course

required under this part, for the following

ratings:

(a) Airplane single-engine.

(b) Airplane multiengine.

(c) Rotorcraft helicopter.

(d) Rotorcraft gyroplane.

(e) Powered-lift.

(f) Glider.

(g) Lighter-than-air airship.

(h) Lighter-than-air balloon.

2. Eligibility for enrollment. A person must

hold the level of pilot certificate for the

additional aircraft category and class rating

for which the course applies prior to

enrolling in the flight portion of an

additional aircraft category or additional

aircraft class rating course.

3. Aeronautical knowledge training. Each

approved course for an additional aircraft

category rating and additional aircraft class

rating must include the total number of hours

of training in all the aeronautical knowledge

areas appropriate to the aircraft rating and

pilot certificate level for which the course

applies.

4. Flight training. (a) Each approved course

for an additional aircraft category rating or

additional aircraft class must include the

total number of hours of flight training on all

of the approved areas of operation of this

paragraph appropriate to the aircraft rating

and pilot certificate level for which the

course applies.

(b) For the use of flight simulators or flight

training devices:

(1) The course may include training in a

flight simulator or flight training device,

provided it is representative of the aircraft for

which the course is approved, meets the

requirements of this paragraph, and the

training is given by an instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part

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.

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part 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.

(4) Training in the flight simulators or

flight training devices described in

paragraphs (b)(2) and (b)(3) of this section, if

used in combination, 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.

However, credit for training in a flight

training device that meets the requirements

of § 141.41(b) cannot exceed the limitation

provided for in paragraph (c)(3) of this

section.

5. Stage checks and end-of-course tests. (a)

Each student enrolled in an additional

aircraft category rating course or an

additional aircraft class rating course must

satisfactorily accomplish the stage checks

and end-of-course tests, in accordance with

the school’s approved training course,

consisting of the approved areas of operation

in section No. 4 of this appendix that are

appropriate to the aircraft category and class

rating for which the course applies at the

appropriate pilot certificate level.

(b) Each student must demonstrate

satisfactory proficiency prior to being

endorsed to operate an aircraft in solo flight.

Appendix J to Part 141—Aircraft Type

Rating Course, For Other Than an Airline

Transport Pilot Certificate

1. Applicability. This appendix prescribes

the minimum curriculum for an aircraft type

rating course other than an airline transport

pilot certificate, for:

(a) A type rating in an airplane category—

single-engine class.

(b) A type rating in an airplane category—

multiengine class.

(c) A type rating in a rotorcraft category—

helicopter class.

(d) A type rating in a powered-lift category.

(e) Other aircraft type ratings specified by

the Administrator through the aircraft type

certificate procedures.

2. Eligibility for enrollment. Prior to

enrolling in the flight portion of an aircraft

type rating course, a person must hold at

least a private pilot certificate and:

(a) An instrument rating in the category

and class of aircraft that is appropriate to the

aircraft type rating for which the course

applies, provided the aircraft’s type

certificate does not have a VFR limitation; or

(b) Be concurrently enrolled in an

instrument rating course in the category and

class of aircraft that is appropriate to the

aircraft type rating for which the course

applies, and pass the required instrument

rating practical test concurrently with the

aircraft type rating practical test.

3. Aeronautical knowledge training. (a)

Each approved course must include at least

10 hours of ground training on the

aeronautical knowledge areas listed in

paragraph (b) of this section, appropriate to

the aircraft type rating for which the course

applies.

(b) Ground training must include the

following aeronautical areas:

(1) Proper control of airspeed,

configuration, direction, altitude, and

attitude in accordance with procedures and

limitations contained in the aircraft’s flight

manual, checklists, or other approved

material appropriate to the aircraft type;

(2) Compliance with approved en route,

instrument approach, missed approach, ATC,

or other applicable procedures that apply to

the aircraft type;

(3) Subjects requiring a practical

knowledge of the aircraft type and its

powerplant, systems, components,

operational, and performance factors;

(4) The aircraft’s normal, abnormal, and

emergency procedures, and the operations

and limitations relating thereto;

(5) Appropriate provisions of the approved

aircraft’s flight manual;

(6) Location of and purpose of inspecting

each item on the aircraft’s checklist that

relate to the exterior and interior preflight;

and

(7) Use of the aircraft’s prestart checklist,

appropriate control system checks, starting

procedures, radio and electronic equipment

checks, and the selection of proper

navigation and communication radio

facilities and frequencies.

4. Flight training. (a) Each approved course

must include at least:

(1) Flight training on the approved areas of

operation of paragraph (c) of this section in

the aircraft type for which the course applies;

and

(2) 10 hours of training of which at least

5 hours must be instrument training in the

aircraft for which the course applies.

(b) For the use of flight simulators or flight

training devices:

(1) The course may include training in a

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 instructor.

(2) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part,

may be credited for a maximum of 50 percent

of the total flight training hour requirements

of the approved course, or of this section,

whichever is less.

(3) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part, may be credited for a maximum of 25

percent of the total flight training hour

requirements of the approved course, or of

this section, whichever is less.

(4) Training in the flight simulators or

flight training devices described in

paragraphs (b)(2) and (b)(3) of this section, if

used in combination, may be credited for a

maximum of 50 percent of the total flight

training hour requirements of the approved

course, or of this section, whichever is less.

However, credit training in a flight training

device that meets the requirements of

§ 141.41(b) cannot exceed the limitation

provided for in paragraph (b)(3) of this

section.

(c) Each approved course must include the

flight training on the areas of operation listed

in this paragraph, that are appropriate to the

aircraft category and class rating for which

the course applies:

(1) A type rating for an airplane—singleengine course: (i) Preflight preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to landings;

(vii) Normal and abnormal procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

(2) A type rating for an airplane—

multiengine course: (i) Preflight preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to landings;

(vii) Normal and abnormal procedures;
16366 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(viii) Emergency procedures; and

(ix) Postflight procedures.

(3) A type rating for a powered-lift course:

(i) Preflight preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to landings;

(vii) Normal and abnormal procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

(4) A type rating for a rotorcraft—

helicopter course: (i) Preflight preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to landings;

(vii) Normal and abnormal procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

(5) Other aircraft type ratings specified by

the Administrator through aircraft type

certificate procedures: (i) Preflight

preparation;

(ii) Preflight procedures;

(iii) Takeoff and departure phase;

(iv) In-flight maneuvers;

(v) Instrument procedures;

(vi) Landings and approaches to landings;

(vii) Normal and abnormal procedures;

(viii) Emergency procedures; and

(ix) Postflight procedures.

5. Stage checks and end-of-course tests. (a)

Each student enrolled in an aircraft type

rating course must satisfactorily accomplish

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

accordance with the school’s approved

training course, consisting of the approved

areas of operation that are appropriate to the

aircraft type rating for which the course

applies at the airline transport pilot

certificate level; and

(b) Each student must demonstrate

satisfactory proficiency prior to being

endorsed to operate an aircraft in solo flight.

Appendix K to Part 141—Special

Preparation Courses

1. Applicability. This appendix prescribes

the minimum curriculum for the special

preparation courses that are listed in § 141.11

of this part.

2. Eligibility for enrollment. Prior to

enrolling in the flight portion of a special

preparation course, a person must hold a

pilot certificate, flight instructor certificate,

or ground instructor certificate that is

appropriate for the exercise of the operating

privileges or authorizations sought.

3. General requirements. (a) To be

approved, a special preparation course must:

(1) Meet the appropriate requirements of

this appendix; and

(2) Prepare the graduate with the necessary

skills, competency, and proficiency to

exercise safely the privileges of the

certificate, rating, or authorization for which

the course is established.

(b) An approved special preparation course

must include ground and flight training on

the operating privileges or authorization

sought, for developing competency,

proficiency, resourcefulness, self-confidence,

and self-reliance in the student.

4. Use of flight simulators or flight training

devices. (a) The approved special preparation

course may include training in a 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 instructor.

(b) Training in a flight simulator that meets

the requirements of § 141.41(a) of this part,

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) Training in a flight training device that

meets the requirements of § 141.41(b) of this

part, 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.

(d) Training in the flight simulators or

flight training devices described in

paragraphs (b) and (c) of this section, if used

in combination, 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.

However, credit for training in a flight

training device that meets the requirements

of § 141.41(b) cannot exceed the limitation

provided for in paragraph (c) of this section.

5. Stage check and end-of-course tests.

Each person enrolled in a special preparation

course must satisfactorily accomplish the

stage checks and end-of-course tests, in

accordance with the school’s approved

training course, consisting of the approved

areas of operation that are appropriate to the

operating privileges or authorization sought,

and for which the course applies.

6. Agricultural aircraft operations course.

An approved special preparation course for

pilots in agricultural aircraft operations must

include at least the following—

(a) 25 hours of training on:

(1) Agricultural aircraft operations;

(2) Safe piloting operating practices and

procedures for handling, dispensing, and

disposing agricultural and industrial

chemicals, including operating in and around

congested areas; and

(3) Applicable provisions of part 137 of

this chapter.

(b) 15 hours of flight training on

agricultural aircraft operations.

7. Rotorcraft external-load operations

course. An approved special preparation

course for pilots of external-load operations

must include at least the following—

(a) 10 hours of training on:

(1) Rotorcraft external-load operations;

(2) Safe piloting operating practices and

procedures for external-load operations,

including operating in and around congested

areas; and

(3) Applicable provisions of part 133 of

this chapter.

(b) 15 hours of flight training on externalload operations.

8. Test pilot course. An approved special

preparation course for pilots in test pilot

duties must include at least the following—

(a) Aeronautical knowledge training on:

(1) Performing aircraft maintenance,

quality assurance, and certification test flight

operations;

(2) Safe piloting operating practices and

procedures for performing aircraft

maintenance, quality assurance, and

certification test flight operations;

(3) Applicable parts of this chapter that

pertain to aircraft maintenance, quality

assurance, and certification tests; and

(4) Test pilot duties and responsibilities.

(b) 15 hours of flight training on test pilot

duties and responsibilities.

9. Special operations course. An approved

special preparation course for pilots in

special operations that are mission-specific

for certain aircraft must include at least the

following—

(a) Aeronautical knowledge training on:

(1) Performing that special flight operation;

(2) Safe piloting operating practices and

procedures for performing that special flight

operation;

(3) Applicable parts of this chapter that

pertain to that special flight operation; and

(4) Pilot in command duties and

responsibilities for performing that special

flight operation.

(b) Flight training:

(1) On that special flight operation; and

(2) To develop skills, competency,

proficiency, resourcefulness, self-confidence,

and self-reliance in the student for

performing that special flight operation in a

safe manner.

10. Pilot refresher course. An approved

special preparation pilot refresher course for

a pilot certificate, aircraft category and class

rating, or an instrument rating must include

at least the following—

(a) 4 hours of aeronautical knowledge

training on:

(1) The aeronautical knowledge areas that

are applicable to the level of pilot certificate,

aircraft category and class rating, or

instrument rating, as appropriate, that pertain

to that course;

(2) Safe piloting operating practices and

procedures; and

(3) Applicable provisions of parts 61 and

91 of this chapter for pilots.

(b) 6 hours of flight training on the

approved areas of operation that are

applicable to the level of pilot certificate,

aircraft category and class rating, or

instrument rating, as appropriate, for

performing pilot-in-command duties and

responsibilities.

11. Flight instructor refresher course. An

approved special preparation flight instructor

refresher course must include at least a

combined total of 16 hours of aeronautical

knowledge training, flight training, or any

combination of ground and flight training on

the following—

(a) Aeronautical knowledge training on:

(1) The aeronautical knowledge areas of

part 61 of this chapter that apply to student,

recreational, private, and commercial pilot

certificates and instrument ratings;

(2) The aeronautical knowledge areas of

part 61 of this chapter that apply to flight

instructor certificates;

(3) Safe piloting operating practices and

procedures, including airport operations and

operating in the National Airspace System;

and

(4) Applicable provisions of parts 61 and

91 of this chapter that apply to pilots and

flight instructors.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16367

(b) Flight training to review:

(1) The approved areas of operations

applicable to student, recreational, private,

and commercial pilot certificates and

instrument ratings; and

(2) The skills, competency, and proficiency

for performing flight instructor duties and

responsibilities.

12. Ground instructor refresher course. An

approved special preparation ground

instructor refresher course must include at

least 16 hours of aeronautical knowledge

training on:

(a) The aeronautical knowledge areas of

part 61 of this chapter that apply to student,

recreational, private, and commercial pilots

and instrument rated pilots;

(b) The aeronautical knowledge areas of

part 61 of this chapter that apply to ground

instructors;

(c) Safe piloting operating practices and

procedures, including airport operations and

operating in the National Airspace System;

and

(d) Applicable provisions of parts 61 and

91 of this chapter that apply to pilots and

ground instructors.

Appendix L to Part 141—Pilot Ground

School Course

1. Applicability. This appendix prescribes

the minimum curriculum for a pilot ground

school course required under this part.

2. General requirements. An approved

course of training for a pilot ground school

must include training on the aeronautical

knowledge areas that are:

(a) Needed to safely exercise the privileges

of the certificate, rating, or authority for

which the course is established; and

(b) Conducted to develop competency,

proficiency, resourcefulness, self-confidence,

and self-reliance in each student.

3. Aeronautical knowledge training

requirements. Each approved pilot ground

school course must include:

(a) The aeronautical knowledge training

that is appropriate to the aircraft rating and

pilot certificate level for which the course

applies; and

(b) An adequate number of total

aeronautical knowledge training hours

appropriate to the aircraft rating and pilot

certificate level for which the course applies.

4. Stage checks and end-of-course tests.

Each person enrolled in a pilot ground school

course must satisfactorily accomplish the

stage checks and end-of-course tests, in

accordance with the school’s approved

training course, consisting of the approved

areas of operation that are appropriate to the

operating privileges or authorization that

graduation from the course will permit and

for which the course applies.

PART 143—GROUND INSTRUCTORS

[REMOVED AND RESERVED]

5. Part 143 is removed and reserved.

Issued in Washington, D.C., on March 19,

1997.

Barry L. Valentine,

Acting Administrator.

[FR Doc. 97–7450 Filed 3–27–97; 11:28 am]

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