54810 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 63, 65, 121, and 135 

[Docket No. FAA–2005–20750; Amendment 

Nos. 61–112, 63–33, 65–46, 121–313, 135– 

99] 

RIN 2120–AI59 

Advanced Qualification Program 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action codifies the 

requirements of the Advanced 

Qualification Program (AQP). Currently, 

the AQP requirements are in a Special 

Federal Aviation Regulation that expires 

on October 2, 2005. The AQP will 

continue as an alternative regulatory 

program for airlines seeking more 

flexibility in training than the 

traditional training program allows. The 

intended effect of this rule is to codify 

the AQP as a permanent, alternative 

method of compliance with the FAA’s 

training requirements for carriers. 

DATES: This action is effective October 

3, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Thomas M. Longridge, AFS–230, Air 

Transportation Division, Flight 

Standards Service, Federal Aviation 

Administration, P.O. Box 20027, Dulles 

International Airport, Washington, DC 

20041–2027; telephone (703) 661–0260; 

e-mail: thomas.longridge@faa.gov. For 

issues involving legal interpretation of 

the regulation, contact Joe Conte, AGC– 

200, Regulations Division, Office of the 

Chief Counsel, 800 Independence Ave., 

SW., 20591; telephone (202) 267–3073; 

e-mail: joe.conte@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. If 

you are a small entity and you have a 

question regarding this document, you 

may contact its local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

about aviation safety is found in Title 49 

of the United States Code. Subtitle I, 

Section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, General requirements. Under 

that section, the FAA is charged with 

promoting the safe flight of civil aircraft 

in air commerce by prescribing 

regulations and minimum standards for 

other practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce and 

national security. This regulation is 

within the scope of that authority since 

it permanently codifies the current 

requirements and practices of a 

regulatory compliance option for the 

training and qualification of aircrew 

personnel, and represents the FAA’s 

continuing efforts to promote aviation 

safety. 

Background 

This final rule codifies the 

requirements of the AQP that are in 

Special Federal Aviation Regulation 

(SFAR) No. 58, which expires on 

October 2, 2005. The AQP improves 

flight crewmember performance by 

providing alternative means of 

compliance with certain rules and 

promotes the innovative use of modern 

technology for flight crewmember 

training. The AQP will continue as an 

alternative to the traditional training 

program for airlines seeking more 

flexibility in training than the 

traditional program allows. 

On March 30, 2005, the FAA 

published a notice of proposed 

rulemaking (NPRM), ‘‘Advanced 

Qualification Program’’ (70 FR 16370). 

In the NPRM, the FAA included a 

detailed history of the development of 

the AQP. We also discussed a 

recommendation from the National 

Transportation Safety Board and 

recommendations from a Joint 

Government-Industry Task Force on 

flight crew performance. 

The FAA received five comments on 

the proposed rule. Industry commenters 

included the Air Line Pilots Association 

International (ALPA), Air Transport 

Association (ATA), Alteon Training LLC 

(Alteon), American Airlines (American), 

and the Regional Airline Association 

(RAA). The commenters supported the 

AQP and the FAA’s proposal to relocate 

the regulations currently found in SFAR 

No. 58 to 14 CFR part 121, although 

they had specific suggestions to revise 

the proposed language. 

General Discussion of Comments 

RAA believed establishing and 

maintaining an AQP requires excessive 

time and resources. ALPA emphasized 

the need to maintain an approval 

process administered by a national 

regulatory office. ALPA also submitted 

seven general ‘‘Statements of Position’’ 

about the AQP and suggested that these 

comments be incorporated to ensure 

flight crewmembers receive equal or 

higher quality training than the training 

under 14 CFR part 121, subparts N and 

O. The substance of each statement of 

position is generally addressed through 

existing AQP advisory and guidance 

material, and will not be discussed 

further in this document. Likewise, the 

FAA has made minor editorial and 

clarifying changes to the rule language 

that will not be discussed further. 

American suggested using more 

inclusive terms to make the rule 

applicable to dispatchers, flight 

attendants, and other operations 

personnel. American further asserted 

that Aircrew Program Designee (APD) 

qualifications are the FAA’s 

responsibility, not the certificate 

holder’s responsibility. The carrier 

believed that the discussion in the 

NPRM implies that the responsibility 

would be borne by the certificate holder 

rather than the FAA. 

The FAA recognizes the AQP may not 

be appropriate for every certificate 

holder. The AQP is a voluntary program 

that entails a strong commitment from 

the air carrier to exceed minimum 

training standards in the greater interest 

of safety. The AQP was established to 

allow a greater degree of regulatory 

flexibility in the approval of innovative 

training programs. Based on a 

documented analysis of operational 

requirements, a certificate holder under 

AQP may propose to depart from 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54811 

traditional practices with respect to 

what, how, when, and where training 

and testing is conducted. Detailed AQP 

documentation requirements, data 

collection, and analysis provide the 

FAA and the operator the tools 

necessary to monitor and administer 

adequately an AQP. 

The FAA plans to maintain the 

current AQP approval process as 

indicated by § 121.909, Approval of 

Advanced Qualification Program. The 

process includes program review by 

both the National program office and the 

local FAA office responsible for 

approval of the certificate holder’s 

operations specifications. 

The FAA acknowledges that part of 

the responsibility for APD training 

resides with the FAA. However, the 

APD still must maintain all 

qualifications required of the duty 

position including crew or dispatch 

qualifications. The prohibition against 

using a person in operations under this 

part who has not accomplished the 

required training and evaluation also 

would extend to an APD. 

The FAA has changed several sections 

to ensure the AQP is applicable to 

dispatchers, flight attendants, and other 

operations personnel. For example, the 

FAA replaced ‘‘flight instructor’’ with 

the more inclusive ‘‘instructor’’ where 

appropriate. In § 121.919, the FAA 

replaced ‘‘airmen competence’’ with 

‘‘crewmember or dispatcher 

competence.’’

Confidential Information and Data 

Collection Requirements (§§ 121.905 

and 121.917) 

This rule provides a procedure for 

carriers using AQP to request 

confidential treatment of data, 

submitted in accordance with 

§ 121.917(c), at the time the submission 

is made. While this mechanism does not 

create any new protections for the 

carriers, it reduces the risk of an 

inadvertent disclosure of confidential 

business information by the FAA by 

providing a procedure for claiming 

protection under an existing Freedom of 

Information Act exemption. 

American stated that justification for 

confidential treatment of the data 

information required by proposed 

§ 121.917(c) that is attached to each 

submission is redundant, and suggested 

justification be required only with the 

initial submission. RAA, ALPA, 

American, and ATA also commented 

about the data collection requirements. 

ALPA stated that while the intent of the 

proposal is to protect the confidentiality 

of the training organization by 

submitting confidential performance 

data, there is no assurance that 

performance data of an individual pilot 

is protected or confidential. ALPA does 

support the collection of the required 

de-identified data since the AQP 

analysis requires sensitive grading 

scales beyond the traditional pass-fail 

binary scale. 

American recommended excluding 

instructors and evaluators for the data 

collection process and adding 

dispatchers. 

The rule language provides the 

maximum protection for the submitted 

information and is not redundant. A 

request is required for each submission 

to protect against inadvertent 

disclosures. AQP data collection is 

required for all AQP curriculums as 

defined by each carrier’s approved AQP 

data collection and analysis section of 

the certificate holder’s Implementation 

& Operations Plan (I&O Plan). Data 

collection requirements for the AQP 

will vary with the curriculum, the type 

of curriculum activity (training, 

validation, or evaluation), the type of 

participant (crewmember, instructor, or 

evaluator), and the overall management 

objectives for use of the data. The FAA 

has established the minimal 

requirements for submitting deidentified data by curriculum. 

The data requirements set forth in 

§ 121.917(c), which must be submitted 

to the FAA for analysis and validation, 

is without names or other elements that 

would identify an individual or group of 

individuals. The information is 

analyzed to monitor the effectiveness of 

AQP training, not to monitor individual 

crewmember, dispatcher, or other 

operations personnel. Instructor/ 

Evaluator specific data are limited to 

their grading decisions. The FAA data 

provisions do not require participants to 

identify Instructors/Evaluators when 

they are being evaluated as 

crewmembers, dispatchers, or other 

operations personnel. Dispatchers and 

other operations personnel will be 

added to the data collection 

requirements. We note, however, that 

AQP participants still must comply with 

the record keeping requirements set 

forth in § 121.925, discussed below. 

Definitions (§ 121.907) 

ALPA stated the wording in the 

definition of ‘‘Line operational 

evaluation (LOE)’’ leads the reader to 

believe the purpose of the LOE is to 

evaluate Crew Resource Management 

(CRM) and technical skills. ALPA was 

opposed to any evaluation that is not 

based on well-defined qualification 

standards of technical proficiency. 

ALPA is not opposed to qualification 

standards that specify CRM or 

Dispatcher Resource Management 

(DRM) tasks that are technical in nature 

and easily measured. ALPA also noted 

the difficulty of training instructors and 

evaluators to assess CRM performance 

on an objective scale in a consistent 

manner. 

The intent of an LOE is to evaluate 

and verify that an individual’s job 

knowledge, technical skills, and 

resource management skills are 

commensurate with AQP qualification 

standards. Training of resource 

management is mandatory. A means of 

evaluating the effectiveness of such 

training is also mandatory, but pass/fail 

standards for resource management 

competency are not required. Applicantdeveloped evaluation strategies must at 

least include provisions for assessing 

the extent to which poor resource 

management skills are a contributory 

factor in a failure to meet technical 

standards of operational performance in 

validations and evaluations. 

Each AQP (including provisional AQP 

curriculums for training centers) must 

provide instructor and evaluator 

indoctrination, qualification, and 

continuing qualification curriculums. 

These requirements include a separate 

job task analysis, qualification 

standards, curriculum(s), and 

curriculum outlines focusing on the 

instructor/evaluator duty positions. The 

program must define the minimum 

requirements each category of 

instructor/evaluator will accomplish to 

stay current. All instructors and 

evaluators will receive instruction and 

evaluation in resource management 

objectives and training methods. Also, a 

standardization program is required to 

establish uniform grading criteria, 

address reliability between instructors/ 

evaluators, and develop remediation 

procedures. 

Qualification Curriculum (§ 121.913) 

The AQP requires each participant to 

use an instruction system design 

methodology to develop every AQP 

curriculum. These methodologies 

require that users translate tasks into 

terminal proficiency objectives and 

subtasks into supporting proficiency 

objectives. The user then must measure 

student performance against proficiency 

objectives and qualification standards 

for all curriculums. American 

recommended replacing ‘‘task’’ with 

‘‘objective’’ throughout the rule. 

American observed the AQP job task 

analysis includes tasks and subtasks, 

but training under AQP is based on 

terminal and supporting proficiency 

objectives. In the final rule where 

appropriate, we replaced ‘‘flight task/ 

task’’ with ‘‘proficiency objective.’’

54812 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

Continuing Qualification Curriculum 

(§ 121.915) 

Each AQP participant is required to 

develop a continuing qualification 

curriculum to ensure that during each 

qualification cycle, each person 

qualified under an AQP, including 

instructors and evaluators, will receive 

a mix of training and evaluation on all 

events and subjects necessary to 

maintain proficiency. American 

recommends rewording § 121.915(a)(1), 

Evaluation Period, to remove ‘‘ground 

and flight’’ and adding ‘‘or via a 

methodology approved by the FAA.’’

American suggests that the new 

sentence read: ‘‘Each person qualified 

under an AQP must receive training and 

an evaluation of proficiency during each 

evaluation period at a training facility or 

via a methodology approved by the 

FAA.’’ American also contends that 

§ 121.915(a)(1) requiring flight training 

may exclude dispatchers, and requiring 

that all ground training be conducted at 

a training facility excludes the use of 

distributed training methods. 

American also believes the rule 

should state a line check must be 

completed during each evaluation 

period instead of specifying ‘‘in the 

calendar month at the midpoint of the 

evaluation period.’’ The carrier 

suggested scheduling a line check to 

occur in a specific month for each 

certificate holder’s PIC is an onerous 

and unnecessary scheduling task for 

most carriers that goes beyond the 

annual line check requirements of 

§ 121.440(a). American asserted the nonotice line check paragraph implies that 

these line checks should be complete 

surprises. It pointed out that, while 

carriers may not ‘‘notify’’ crewmembers 

before an impending line check, the 

checks are not surprises. 

The FAA has changed § 121.915(a)(1) 

to read, in pertinent part, ‘‘to receive 

ground and flight training (as 

appropriate) and an evaluation of 

proficiency during each evaluation 

period at a training facility.’’ This is 

similar to the language that appeared in 

SFAR 58: ‘‘To receive a training session 

and an evaluation of proficiency during 

each evaluation period at a training 

facility.’’ The requirement does not 

preclude the use of distributed training 

as long as the distributed training 

methodology has been approved as part 

of the AQP curriculum. Section 

121.915(a) refers to the continuing 

qualification cycle whereas 

§ 121.915(a)(1) refers to the evaluation 

period. The initial approval for a 

continuing qualification cycle is no 

more than 24 months in duration, 

divided into two 12-month evaluation 

periods. All critical proficiency 

objectives are accomplished during each 

evaluation period. Critical tasks are 

proficiency objectives that are trained, 

validated, or evaluated more often 

during an AQP. Each evaluation period 

must include at least one training 

session, but may include more. Initially, 

training sessions cannot be more than 

12 months (plus or minus one month) 

apart. Also a proficiency evaluation 

must be completed during each 

evaluation period. The strategies 

employed for training and the facilities 

used by participants are approved as 

part of the AQP. 

The language regarding line checks is 

consistent with existing exemptions that 

have been granted to some AQP 

certificate holders to allow a longer 

period between line checks in exchange 

for such no-notice line checks. The nonotice feature of the random line check 

procedure provides evaluators with an 

increased opportunity to observe typical 

behavior, and the requirement for 

conducting such checks over all 

geographic routes better assures such 

information is representative of 

performance over the airline’s entire 

operation. 

Language in exemptions from the 

random line check requirement plainly 

says the FAA expects the line check to 

be no-notice. These exemptions state 

that ‘‘FAA finds that this relief provides 

an equivalent level of safety by virtue of 

addressing the operational line 

performance of the entire crew, rather 

than only the pilot-in-command. The 

FAA further finds that conducting line 

checks on a no-notice, randomly 

administered basis should enhance their 

utility as an overall gauge of operational 

safety.’’

The FAA recognizes the pilot-incommand (PIC) will review the flight 

paperwork and will have some very 

short-term prior knowledge of the line 

check (because of security concerns, 

weight and balance issues, and 

scheduling requirements). However, we 

expect that in the time prior to the PIC 

receiving the flight paperwork about the 

line check flight, the AQP participant 

will have maintained the random nonotice requirement. 

Certification (§ 121.919) 

The rule describes the means by 

which a person subject to an AQP is 

eligible to receive a commercial or 

airline transport pilot, flight engineer, or 

aircraft dispatcher certificate or 

appropriate rating based on the 

successful completion of AQP training. 

American observed that § 121.919(c) 

refers to LOE scenarios as an exclusive 

measure of competence. They noted an 

AQP for dispatchers would be required 

to incorporate an operational scenario, 

the scenario probably would not be 

termed an LOE. American 

recommended changing wording from 

‘‘knowledge and skills in scenarios (i.e., 

LOE)’’ to ‘‘knowledge and skills in 

operational scenarios (i.e., LOE for 

crewmembers).’’

American also observed that 

§ 121.919(e) lists the types of instructors 

and evaluators who can certify training 

of applicants and requires applicants to 

pass an LOE. They noted the list of 

instructors does not include dispatch 

instructor and the paragraph does not 

allow for other types of operational 

evaluations for dispatchers. They 

recommend changing the wording to 

read, ‘‘* * * as witnessed by an 

instructor, check airman, or APD, as 

appropriate for the duty position, and 

has passed an operational evaluation 

(i.e., LOE for crewmembers).’’

The concept and term LOE applies 

equally to all personnel covered under 

an AQP. Evaluation of proficiency is 

defined as an LOE or equivalent 

evaluation under an AQP acceptable to 

the FAA. We changed § 121.919 to be 

inclusive of other positions (including 

dispatchers). 

Approval of Training, Qualification, or 

Evaluation by a Person Who Provided 

Training by Arrangement (§ 121.923) 

The rule sets forth the conditions for 

a certificate holder under part 121 or 

part 135 to arrange for AQP training by 

a separate training provider. Alteon 

objected to provisional approval for 

AQP training providers and suggested 

that §§ 121.923(a) and (b) be rewritten. 

Alteon further stated the specific use of 

provisionally approved curriculums, 

curriculum segments, or portions of 

curriculum segments in a training 

provider’s AQP should be approved by 

the FAA. 

In § 121.923, provisional approval is 

meant to allow a training center to 

develop and market an AQP that could 

be tailored by contracting participants to 

meet their particular needs. The major 

difference between developing an AQP 

by a training center and by an air carrier 

is the training center can develop 

generic AQP documentation and 

individual curriculum segments. This 

documentation is given a provisional 

approval. A provisional AQP allows a 

training center to accomplish front-end 

AQP development and to offer its 

services as an approved AQP provider 

before establishing a contract or other 

arrangements with a specific certificate 

holder. 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54813 

Recordkeeping Requirements 

(§ 121.925) 

Like traditional training programs 

under part 121 and part 135, the AQP 

requires that each certificate holder 

conducting an approved AQP establish 

and maintain records in sufficient detail 

to demonstrate that the certificate 

holder is in compliance with all AQP 

requirements. ALPA believes AQP 

training and checking records 

maintained by a company should not 

contain more data that is accessible 

through the Pilot Records Improvement 

Act (PRIA) than it would under 

traditional programs. The regulatory 

language to that end should be identical. 

The recordkeeping process in AQP 

does not differ from traditional 

recordkeeping requirements. The intent 

of § 121.925, Recordkeeping, is that 

AQP participants may maintain a record 

keeping system based on the standard 

14 CFR part 121 or 135 (i.e., § 121.683), 

recordkeeping requirements. Section 

121.925, Recordkeeping, is based on 

existing SFAR No. 58, section 12, with 

no substantive changes. Individual 

recordkeeping by certificate holders is 

needed to show whether each 

crewmember, aircraft dispatcher, or 

other operations personnel is in 

compliance with the AQP and subpart 

Y. Thus, for example, under an AQP, if 

a pilot is identified for augmented 

training, the satisfactory or 

unsatisfactory completion of that 

training and the date must be recorded 

and maintained in the carrier’s training 

records for that pilot. The recordkeeping 

requirement of § 121.925 is a separate 

function from the data collected and 

analyzed under the requirements of 

§ 121.917(c). 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

has determined there are no ICAO 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Paperwork Reduction Act 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor collecting 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid OMB 

control number. 

This proposal contains the following 

new information collection 

requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the FAA has submitted 

the information requirements associated 

with this final rule to the Office of 

Management and Budget for its review. 

The OMB control number assigned to 

this collection of information is 2120–

0701. 

Summary: AQP is an existing rule and 

the data required by that rule is 

currently being submitted to the 

Agency. Data collection and analysis of 

data is a fundamental part of AQP. AQP 

is continuously validated through 

collecting and analyzing trainee 

performance. Data collection and 

analysis processes ensure the certificate 

holder provides performance 

information on its crewmembers, 

instructors, and evaluators that will 

enable the certificate holder and the 

FAA to determine whether the form and 

content of training and evaluation 

activities are satisfactorily 

accomplishing the overall objectives of 

the curriculum. 

Use of: The Voluntary Safety 

Programs Branch, AFS–230, receives the 

AQP data monthly to monitor program 

compliance, effectiveness, and 

efficiency. AFS–230 processes the 

information for errors and omissions 

then analyzes the data. The FAA 

principal operations inspector (POI) 

responsible for oversight of the 

certificate holder reviews the analyzed 

data. The POI and his staff make use of 

this information to monitor training 

trends, to identify areas in need of 

corrective action, to plan targeted 

surveillance of curriculums, and to 

verify that corrective action is effective. 

In general, this information is used to 

provide an improved basis for 

curriculum approval and monitoring, as 

well as agency decisions about air 

carrier training regulation and policy. 

Respondents (including number of): 

The likely respondents to this proposed 

data collection requirement are 16 

airlines and 2 manufacturers. 

Frequency: The frequency of data 

collection is monthly. 

Annual Burden Estimate: Affected 

firms already incur annual 

recordkeeping and reporting burden as 

follows: 

• Number of respondents with 

approved AQPs: 18 

• Frequency of response per 

respondent: Monthly. 

• Estimated number of hours per 

respondent to prepare information to be 

submitted to the FAA: 2.0 

• Estimated annual hour burden per 

respondent: 24 

• Total estimated hours of industry 

burden: 432 

The estimated 2-hour burden is the 

time required to transform the data 

already produced monthly by the 

certificate holder as part of an approved 

AQP into the appropriate form for use 

by the FAA. 

Currently sixteen airlines and two 

manufacturers have voluntarily 

established AQP programs. However, 

not all the participants’ aircraft fleet 

types (personnel) are covered by an 

AQP. Based on a cost-benefit study from 

certificate holders with existing AQP 

programs, the average cost of an AQP 

analyst is $60 per hour. Therefore, the 

cost of this burden is: 

• Industry per annum (432 hours)—

$25,920 

• Each participant per annum (24 

hours)—$1440 

Regulatory Analyses 

Final rules to Federal regulations 

must undergo several economic 

analyses. First, Executive Order 12866 

directs that each Federal agency shall 

propose or adopt a regulation only upon 

a reasoned determination that the 

benefits of the intended regulation 

justify its costs. Second, the Regulatory 

Flexibility Act of 1980 (RFA), codified 

at 5 U.S.C. 601–611, requires agencies to 

analyze the economic impact of 

regulatory changes on small entities. 

Third, the Trade Agreements Act (19 

U.S.C. 2531–2533) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation.) 

The Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If it 

is determined the expected cost impact 

is so minimal that a proposal does not 

warrant a full evaluation, this order 

allows a statement to that effect, and the 

basis for it, to be included in the 

preamble. In this case, a full regulatory 

evaluation cost-benefit evaluation need 

not be prepared. Such a determination 

has been made for this rule. 

This final rule will make permanent 

the AQP, an existing temporary 

54814 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

regulatory alternative for operators to 

comply with carrier training 

requirements. The AQP is not 

mandatory. It is left up to the discretion 

of the individual certificate holder as to 

whether to adopt the AQP or not. The 

FAA assumes that certificate holders 

will do so only if it improves their 

training effectiveness and safety or is 

otherwise in their economic interest. In 

the NPRM, the FAA stated that it 

expected the outcome will have a 

minimal impact, and a regulatory 

evaluation was not prepared. The FAA 

also solicited comments in that NPRM 

from the aviation community about the 

FAA determination of minimal impact. 

The FAA received no comments to this 

effect. Therefore, the FAA still expects 

that this rule will not impose any 

additional net cost burden on the 

industry. 

Regulatory Flexibility Determination 

The RFA establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions. The RFA covers a wide-range of 

small entities, including small 

businesses, not-for-profit organizations 

and small governmental jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in the RFA. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the RFA 

provides the head of the agency may so 

certify and a regulatory flexibility 

analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

Because the rule is voluntary and thus 

will not impose compliance costs, the 

FAA Administrator certifies the rule 

will not have a significant economic 

impact on a substantial number of small 

air carriers. We solicited comments and 

received none. 

Trade Impact Assessment 

The Trade Agreements Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. The FAA has 

assessed the potential effect of this final 

rule and determined that it will have 

only a domestic impact and therefore no 

effect on any trade-sensitive activity. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (the Act), enacted as Public Law 

104–4 on March 22, 1995, is intended, 

among other things, to curb the practice 

of imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act requires each Federal 

agency to prepare a written statement 

assessing the effects of any Federal 

mandate in a proposed or final agency 

rule that may result in an expenditure 

of $100 million or more (adjusted 

annually for inflation) in any one year 

by State, local, and tribal governments, 

in the aggregate, or by the private sector; 

such a mandate is deemed to be a 

‘‘significant regulatory action.’’ The 

FAA currently uses an inflationadjusted value of $120.7 million instead 

of $100 million. 

This final rule does not contain such 

a mandate. The requirements of Title II 

do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

have determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, we 

have determined that this final rule does 

not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

18, 2001). We have determined that it is 

not a ‘‘significant energy action’’ under 

the executive order, because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects 

14 CFR Part 61 

Air safety, Air transportation, 

Aviation safety, Safety. 

14 CFR Part 63 

Air safety, Air transportation, Airmen, 

Aviation safety, Safety, Transportation. 

14 CFR Part 65 

Airmen, Aviation safety, Air 

transportation, Aircraft. 

14 CFR Part 121 

Aircraft pilots, Airmen, Aviation 

safety, Pilots, Safety. 

14 CFR Part 135 

Air carriers, Air transportation, 

Airmen, Aviation safety, Safety, Pilots. 

The Amendment 

■ The Federal Aviation Administration 

is amending parts 61, 63, 65, 121, and 

135 of Title 14, Code of Federal 

Regulations (14 CFR parts 61, 63, 65, 

121 and 135) as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

■ 1. The authority citation for part 61 

continues to read as follows: 

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

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

45301–45302. 

SFAR No. 58 [Removed] 

■ 2. Remove SFAR No, 58 from part 61. 

§ 61.58 [Amended] 

■ 3. Amend § 61.58(b) by removing 

‘‘SFAR 58’’ and adding ‘‘subpart Y of 

part 121 of this chapter’’ in its place. 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54815 

PART 63—CERTIFICATION: FLIGHT 

CREWMEMBERS OTHER THAN 

PILOTS 

■ 4. The authority citation for part 63 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40108, 40113, 

44701–44703, 44710, 44712, 44714, 44716, 

44717, 44722, 45303. 

SFAR No. 58 [Removed] 

■ 5. Remove SFAR No. 58 from part 63. 

PART 63—[NOMENCLATURE 

CHANGE] 

■ 6. Amend part 63 by removing ‘‘SFAR 

58’’ and adding ‘‘subpart Y of part 121 

of this chapter’’ in its place wherever it 

occurs in the part. 

PART 65—CERTIFICATION: AIRMEN 

OTHER THAN FLIGHT 

CREWMEMBERS 

■ 7. The authority citation for part 65 

continues to read as follows: 

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

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

45301–45302. 

SFAR No. 58 [Removed] 

■ 8. Remove SFAR No. 58 from part 65. 

PART 65—[NOMENCLATURE 

CHANGE] 

■ 9. Amend part 65 by removing ‘‘SFAR 

58’’ and adding ‘‘subpart Y of part 121 

of this chapter’’ in its place wherever it 

occurs in the part. 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 10. The authority citation for part 121 

continues to read as follows: 

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

41706, 44101, 44701–44702, 44705, 44709–

44711, 44713, 44716–44717, 44722, 44901, 

44903–44904, 44912, 45101–45105, 46105, 

46301. 

SFAR No. 58 [Removed] 

■ 11. Remove Special Federal Aviation 

Regulation (SFAR) No. 58.—Advanced 

Qualification Program from part 121. 

■ 12. Add subpart Y to read as follows: 

Subpart Y—Advanced Qualification 

Program 

Sec. 

121.901 Purpose and eligibility. 

121.903 General requirements for Advanced 

Qualification Programs. 

121.905 Confidential commercial 

information 

121.907 Definitions. 

121.909 Approval of Advanced 

Qualification Program. 

121.911 Indoctrination curriculum. 

121.913 Qualification curriculum. 

121.915 Continuing qualification 

curriculum. 

121.917 Other requirements. 

121.919 Certification. 

121.921 Training devices and simulators. 

121.923 Approval of training, qualification, 

or evaluation by a person who provides 

training by arrangement. 

121.925 Recordkeeping requirements. 

Subpart Y—Avanced Qualification 

Program 

§ 121.901 Purpose and eligibility. 

(a) Contrary provisions of parts 61, 63, 

65, 121, 135, and 142 of this chapter 

notwithstanding, this subpart provides 

for approval of an alternative method 

(known as ‘‘Advanced Qualification 

Program’’ or ‘‘AQP’’) for qualifying, 

training, certifying, and otherwise 

ensuring competency of crewmembers, 

aircraft dispatchers, other operations 

personnel, instructors, and evaluators 

who are required to be trained under 

parts 121 and 135 of this chapter. 

(b) A certificate holder is eligible 

under this subpart if the certificate 

holder is required or elects to have an 

approved training program under 

§§ 121.401, 135.3(c), or 135.341 of this 

chapter. 

(c) A certificate holder obtains 

approval of each proposed curriculum 

under this AQP as specified in 

§ 121.909. 

§ 121.903 General requirements for 

Advanced Qualification Programs. 

(a) A curriculum approved under an 

AQP may include elements of existing 

training programs under part 121 and 

part 135 of this chapter. Each 

curriculum must specify the make, 

model, series or variant of aircraft and 

each crewmember position or other 

positions to be covered by that 

curriculum. Positions to be covered by 

the AQP must include all flight 

crewmember positions, flight 

instructors, and evaluators and may 

include other positions, such as flight 

attendants, aircraft dispatchers, and 

other operations personnel. 

(b) Each certificate holder that obtains 

approval of an AQP under this subpart 

must comply with all the requirements 

of the AQP and this subpart instead of 

the corresponding provisions of parts 

61, 63, 65, 121, or 135 of this chapter. 

However, each applicable requirement 

of parts 61, 63, 65, 121, or 135 of this 

chapter, including but not limited to 

practical test requirements, that is not 

specifically addressed in the AQP 

continues to apply to the certificate 

holder and to the individuals being 

trained and qualified by the certificate 

holder. No person may be trained under 

an AQP unless that AQP has been 

approved by the FAA and the person 

complies with all the requirements of 

the AQP and this subpart. 

(c) No certificate holder that conducts 

its training program under this subpart 

may use any person nor may any person 

serve in any duty position as a required 

crewmember, an aircraft dispatcher, an 

instructor, or an evaluator, unless that 

person has satisfactorily accomplished, 

in a training program approved under 

this subpart for the certificate holder, 

the training and evaluation of 

proficiency required by the AQP for that 

type airplane and duty position. 

(d) All documentation and data 

required under this subpart must be 

submitted in a form and manner 

acceptable to the FAA. 

(e) Any training or evaluation 

required under an AQP that is 

satisfactorily completed in the calendar 

month before or the calendar month 

after the calendar month in which it is 

due is considered to have been 

completed in the calendar month it was 

due. 

§ 121.905 Confidential commercial 

information. 

(a) Each certificate holder that claims 

that AQP information or data it is 

submitting to the FAA is entitled to 

confidential treatment under 5 U.S.C. 

552(b)(4) because it constitutes 

confidential commercial information as 

described in 5 U.S.C. 552(b)(4), and 

should be withheld from public 

disclosure, must include its request for 

confidentiality with each submission. 

(b) When requesting confidentiality 

for submitted information or data, the 

certificate holder must: 

(1) If the information or data is 

transmitted electronically, embed the 

claim of confidentiality within the 

electronic record so the portions 

claimed to be confidential are readily 

apparent when received and reviewed. 

(2) If the information or data is 

submitted in paper format, place the 

word ‘‘CONFIDENTIAL’’ on the top of 

each page containing information or 

data claimed to be confidential. 

(3) Justify the basis for a claim of 

confidentiality under 5 U.S.C. 552(b)(4). 

§ 121.907 Definitions. 

The following definitions apply to 

this subpart: 

Crew Resource Management (CRM) 

means the effective use of all the 

resources available to crewmembers, 

including each other, to achieve a safe 

and efficient flight. 

Curriculum outline means a listing of 

each segment, module, lesson, and 

lesson element in a curriculum, or an 

54816 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

equivalent listing acceptable to the 

FAA. 

Evaluation of proficiency means a 

Line Operational Evaluation (LOE) or an 

equivalent evaluation under an AQP 

acceptable to the FAA. 

Evaluator means a person who 

assesses or judges the performance of 

crewmembers, instructors, other 

evaluators, aircraft dispatchers, or other 

operations personnel. 

First Look means the assessment of 

performance to determine proficiency 

on designated flight tasks before any 

briefing, training, or practice on those 

tasks is given in the training session for 

a continuing qualification curriculum. 

First Look is conducted during an AQP 

continuing qualification cycle to 

determine trends of degraded 

proficiency, if any, due in part to the 

length of the interval between training 

sessions. 

Instructional systems development 

means a systematic methodology for 

developing or modifying qualification 

standards and associated curriculum 

content based on a documented analysis 

of the job tasks, skills, and knowledge 

required for job proficiency. 

Job task listing means a listing of all 

tasks, subtasks, knowledge, and skills 

required for accomplishing the 

operational job. 

Line Operational Evaluation (LOE) 

means a simulated line environment, 

the scenario content of which is 

designed to test integrating technical 

and CRM skills. 

Line Operational Simulation (LOS) 

means a training or evaluation session, 

as applicable, that is conducted in a 

simulated line environment using 

equipment qualified and approved for 

its intended purpose in an AQP. 

Planned hours means the estimated 

amount of time (as specified in a 

curriculum outline) that it takes a 

typical student to complete a segment of 

instruction (to include all instruction, 

demonstration, practice, and evaluation, 

as appropriate, to reach proficiency). 

Qualification standard means a 

statement of a minimum required 

performance, applicable parameters, 

criteria, applicable flight conditions, 

evaluation strategy, evaluation media, 

and applicable document references. 

Qualification standards document 

means a single document containing all 

the qualification standards for an AQP 

together with a prologue that provides a 

detailed description of all facets of the 

evaluation process. 

Special tracking means assigning a 

person to an augmented schedule of 

training, checking, or both. 

Training session means a 

contiguously scheduled period devoted 

to training activities at a facility 

approved by the FAA for that purpose. 

Variant means a specifically 

configured aircraft for which the FAA 

has identified training and 

qualifications that are significantly 

different from those applicable to other 

aircraft of the same make, model, and 

series. 

§ 121.909 Approval of Advanced 

Qualification Program. 

(a) Approval process. Application for 

approval of an AQP curriculum under 

this subpart is made, through the FAA 

office responsible for approval of the 

certificate holder’s operations 

specifications, to the Manager of the 

Advanced Qualification Program. 

(b) Approval criteria. Each AQP must 

have separate curriculums for 

indoctrination, qualification, and 

continuing qualification (including 

upgrade, transition, and requalification), 

as specified in §§ 121.911, 121.913, and 

121.915. All AQP curriculums must be 

based on an instructional systems 

development methodology. This 

methodology must incorporate a 

thorough analysis of the certificate 

holder’s operations, aircraft, line 

environment and job functions. All AQP 

qualification and continuing 

qualification curriculums must integrate 

the training and evaluation of CRM and 

technical skills and knowledge. An 

application for approval of an AQP 

curriculum may be approved if the 

program meets the following 

requirements: 

(1) The program must meet all the 

requirements of this subpart. 

(2) Each indoctrination, qualification, 

and continuing qualification AQP, and 

derivatives must include the following 

documentation: 

(i) Initial application for AQP. 

(ii) Initial job task listing. 

(iii) Instructional systems 

development methodology. 

(iv) Qualification standards 

document. 

(v) Curriculum outline. 

(vi) Implementation and operations 

plan. 

(3) Subject to approval by the FAA, 

certificate holders may elect, where 

appropriate, to consolidate information 

about multiple programs within any of 

the documents referenced in paragraph 

(b)(2) of this section. 

(4) The Qualification Standards 

Document must indicate specifically the 

requirements of the parts 61, 63, 65, 

121, or 135 of this chapter, as 

applicable, that would be replaced by an 

AQP curriculum. If a practical test 

requirement of parts 61, 63, 65, 121, or 

135 of this chapter is replaced by an 

AQP curriculum, the certificate holder 

must establish an initial justification 

and a continuing process approved by 

the FAA to show how the AQP 

curriculum provides an equivalent level 

of safety for each requirement that is to 

be replaced. 

(c) Application and transition. Each 

certificate holder that applies for one or 

more advanced qualification 

curriculums must include as part of its 

application a proposed transition plan 

(containing a calendar of events) for 

moving from its present approved 

training to the advanced qualification 

program training. 

(d) Advanced Qualification Program 

revisions or rescissions of approval. If 

after a certificate holder begins training 

and qualification under an AQP, the 

FAA finds the certificate holder is not 

meeting the provisions of its approved 

AQP, the FAA may require the 

certificate holder, pursuant to 

§ 121.405(e), to make revisions. Or if 

otherwise warranted, the FAA may 

withdraw AQP approval and require the 

certificate holder to submit and obtain 

approval for a plan (containing a 

schedule of events) that the certificate 

holder must comply with and use to 

transition to an approved training 

program under subpart N of this part or 

under subpart H of part 135 of this 

chapter, as appropriate. The certificate 

holder may also voluntarily submit and 

obtain approval for a plan (containing a 

schedule of events) to transition to an 

approved training program under 

subpart N of this part or under subpart 

H of part 135 of this chapter, as 

appropriate. 

(e) Approval by the FAA. Final 

approval of an AQP by the FAA 

indicates the FAA has accepted the 

justification provided under paragraph 

(b)(4) of this section and the applicant’s 

initial justification and continuing 

process establish an equivalent level of 

safety for each requirement of parts 61, 

63, 65, 121, and 135 of this chapter that 

is being replaced. 

§ 121.911 Indoctrination curriculum. 

Each indoctrination curriculum must 

include the following: 

(a) For newly hired persons being 

trained under an AQP: The certificate 

holder’s policies and operating practices 

and general operational knowledge. 

(b) For newly hired crewmembers and 

aircraft dispatchers: General 

aeronautical knowledge appropriate to 

the duty position. 

(c) For instructors: The fundamental 

principles of the teaching and learning 

process; methods and theories of 

instruction; and the knowledge 

necessary to use aircraft, flight training 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54817 

devices, flight simulators, and other 

training equipment in advanced 

qualification curriculums, as 

appropriate. 

(d) For evaluators: General evaluation 

requirements of the AQP; methods of 

evaluating crewmembers and aircraft 

dispatchers and other operations 

personnel, as appropriate, and policies 

and practices used to conduct the kinds 

of evaluations particular to an AQP (e.g., 

LOE). 

§ 121.913 Qualification curriculum. 

Each qualification curriculum must 

contain training, evaluation, and 

certification activities, as applicable for 

specific positions subject to the AQP, as 

follows: 

(a) The certificate holder’s planned 

hours of training, evaluation, and 

supervised operating experience. 

(b) For crewmembers, aircraft 

dispatchers, and other operations 

personnel, the following: 

(1) Training, evaluation, and 

certification activities that are aircraftand equipment-specific to qualify a 

person for a particular duty position on, 

or duties related to the operation of, a 

specific make, model, series, or variant 

aircraft. 

(2) A list of and text describing the 

knowledge requirements, subject 

materials, job skills, and qualification 

standards of each proficiency objective 

to be trained and evaluated. 

(3) The requirements of the certificate 

holder’s approved AQP program that are 

in addition to or in place of, the 

requirements of parts 61, 63, 65, 121 or 

135 of this chapter, including any 

applicable practical test requirements. 

(4) A list of and text describing 

operating experience, evaluation/ 

remediation strategies, provisions for 

special tracking, and how recency of 

experience requirements will be 

accomplished. 

(c) For flight crewmembers: Initial 

operating experience and line check. 

(d) For instructors, the following as 

appropriate: 

(1) Training and evaluation activities 

to qualify a person to conduct 

instruction on how to operate, or on 

how to ensure the safe operation of a 

particular make, model, and series 

aircraft (or variant). 

(2) A list of and text describing the 

knowledge requirements, subject 

materials, job skills, and qualification 

standards of each procedure and 

proficiency objective to be trained and 

evaluated. 

(3) A list of and text describing 

evaluation/remediation strategies, 

standardization policies and recency 

requirements. 

(e) For evaluators: The requirements 

of paragraph (d)(1) of this section plus 

the following, as appropriate: 

(1) Training and evaluation activities 

that are aircraft and equipment specific 

to qualify a person to assess the 

performance of persons who operate or 

who ensure the safe operation of, a 

particular make, model, and series 

aircraft (or variant). 

(2) A list of and text describing the 

knowledge requirements, subject 

materials, job skills, and qualification 

standards of each procedure and 

proficiency objective to be trained and 

evaluated. 

(3) A list of and text describing 

evaluation/remediation strategies, 

standardization policies and recency 

requirements. 

§ 121.915 Continuing qualification 

curriculum. 

Each continuing qualification 

curriculum must contain training and 

evaluation activities, as applicable for 

specific positions subject to the AQP, as 

follows: 

(a) Continuing qualification cycle. A 

continuing qualification cycle that 

ensures that during each cycle each 

person qualified under an AQP, 

including instructors and evaluators, 

will receive a mix that will ensure 

training and evaluation on all events 

and subjects necessary to ensure that 

each person maintains proficiency in 

knowledge, technical skills, and 

cognitive skills required for initial 

qualification in accordance with the 

approved continuing qualification AQP, 

evaluation/remediation strategies, and 

provisions for special tracking. Each 

continuing qualification cycle must 

include at least the following: 

(1) Evaluation period. Initially the 

continuing qualification cycle is 

comprised of two or more evaluation 

periods of equal duration. Each person 

qualified under an AQP must receive 

ground training and flight training, as 

appropriate, and an evaluation of 

proficiency during each evaluation 

period at a training facility. The number 

and frequency of training sessions must 

be approved by the FAA. 

(2) Training. Continuing qualification 

must include training in all tasks, 

procedures and subjects required in 

accordance with the approved program 

documentation, as follows: 

(i) For pilots in command, seconds in 

command, and flight engineers, First 

Look in accordance with the certificate 

holder’s FAA-approved program 

documentation. 

(ii) For pilots in command, seconds in 

command, flight engineers, flight 

attendants, instructors and evaluators: 

Ground training including a general 

review of knowledge and skills covered 

in qualification training, updated 

information on newly developed 

procedures, and safety information. 

(iii) For crewmembers, instructors, 

evaluators, and other operational 

personnel who conduct their duties in 

flight: Proficiency training in an aircraft, 

flight training device, flight simulator, 

or other equipment, as appropriate, on 

normal, abnormal, and emergency flight 

procedures and maneuvers. 

(iv) For dispatchers and other 

operational personnel who do not 

conduct their duties in flight: ground 

training including a general review of 

knowledge and skills covered in 

qualification training, updated 

information on newly developed 

procedures, safety related information, 

and, if applicable, a line observation 

program. 

(v) For instructors and evaluators: 

Proficiency training in the type flight 

training device or the type flight 

simulator, as appropriate, regarding 

training equipment operation. For 

instructors and evaluators who are 

limited to conducting their duties in 

flight simulators or flight training 

devices: Training in operational flight 

procedures and maneuvers (normal, 

abnormal, and emergency). 

(b) Evaluation of performance. 

Continuing qualification must include 

evaluation of performance on a sample 

of those events and major subjects 

identified as diagnostic of competence 

and approved for that purpose by the 

FAA. The following evaluation 

requirements apply: 

(1) Evaluation of proficiency as 

follows: 

(i) For pilots in command, seconds in 

command, and flight engineers: An 

evaluation of proficiency, portions of 

which may be conducted in an aircraft, 

flight simulator, or flight training device 

as approved in the certificate holder’s 

curriculum that must be completed 

during each evaluation period. 

(ii) For any other persons covered by 

an AQP, a means to evaluate their 

proficiency in the performance of their 

duties in their assigned tasks in an 

operational setting. 

(2) Line checks as follows: 

(i) Except as provided in paragraph 

(b)(2)(ii) of this section, for pilots in 

command: A line check conducted in an 

aircraft during actual flight operations 

under part 121 or part 135 of this 

chapter or during operationally (line) 

oriented flights, such as ferry flights or 

proving flights. A line check must be 

completed in the calendar month at the 

midpoint of the evaluation period. 

54818 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

(ii) With the FAA’s approval, a nonotice line check strategy may be used 

in lieu of the line check required by 

paragraph (b)(2)(i) of this section. The 

certificate holder who elects to exercise 

this option must ensure the ‘‘no-notice’’

line checks are administered so the 

flight crewmembers are not notified 

before the evaluation. In addition, the 

AQP certificate holder must ensure that 

each pilot in command receives at least 

one ‘‘no-notice’’ line check every 24 

months. As a minimum, the number of 

‘‘no-notice’’ line checks administered 

each calendar year must equal at least 

50% of the certificate holder’s pilot-incommand workforce in accordance with 

a strategy approved by the FAA for that 

purpose. In addition, the line checks to 

be conducted under this paragraph must 

be conducted over all geographic areas 

flown by the certificate holder in 

accordance with a sampling 

methodology approved by the FAA for 

that purpose. 

(iii) During the line checks required 

under paragraph (b)(2)(i) and (ii) of this 

section, each person performing duties 

as a pilot in command, second in 

command, or flight engineer for that 

flight, must be individually evaluated to 

determine whether the person remains 

adequately trained and currently 

proficient with respect to the particular 

aircraft, crew position, and type of 

operation in which he or she serves; and 

the person has sufficient knowledge and 

skills to operate effectively as part of a 

crew. The evaluator must be a check 

airman, an APD, or an FAA inspector 

and must hold the certificates and 

ratings required of the pilot in 

command. 

(c) Recency of experience. For pilots 

in command, seconds in command, 

flight engineers, aircraft dispatchers, 

instructors, evaluators, and flight 

attendants, approved recency of 

experience requirements appropriate to 

the duty position. 

(d) Duration of cycles and periods. 

Initially, the continuing qualification 

cycle approved for an AQP must not 

exceed 24 calendar months in duration, 

and must include two or more 

evaluation periods of equal duration. 

After that, upon demonstration by a 

certificate holder that an extension is 

warranted, the FAA may approve an 

extension of the continuing 

qualification cycle to a maximum of 36 

calendar months in duration. 

(e) Requalification. Each continuing 

qualification curriculum must include a 

curriculum segment that covers the 

requirements for requalifying a 

crewmember, aircraft dispatcher, other 

operations personnel, instructor, or 

evaluator who has not maintained 

continuing qualification. 

§ 121.917 Other requirements. 

In addition to the requirements of 

§§ 121.913 and 121.915, each AQP 

qualification and continuing 

qualification curriculum must include 

the following requirements: 

(a) Integrated Crew Resource 

Management (CRM) or Dispatcher 

Resource Management (DRM) ground 

and if appropriate flight training 

applicable to each position for which 

training is provided under an AQP. 

(b) Approved training on and 

evaluation of skills and proficiency of 

each person being trained under AQP to 

use his or her resource management 

skills and his or her technical (piloting 

or other) skills in an actual or simulated 

operations scenario. For flight 

crewmembers this training and 

evaluation must be conducted in an 

approved flight training device, flight 

simulator, or, if approved under this 

subpart, in an aircraft. 

(c) Data collection and analysis 

processes acceptable to the FAA that 

will ensure the certificate holder 

provides performance information on its 

crewmembers, dispatchers, instructors, 

evaluators, and other operations 

personnel that will enable the certificate 

holder and the FAA to determine 

whether the form and content of 

training and evaluation activities are 

satisfactorily accomplishing the overall 

objectives of the curriculum. 

§ 121.919 Certification. 

A person subject to an AQP is eligible 

to receive a commercial or airline 

transport pilot, flight engineer, or 

aircraft dispatcher certificate or 

appropriate rating based on the 

successful completion of training and 

evaluation events accomplished under 

that program if the following 

requirements are met: 

(a) Training and evaluation of 

required knowledge and skills under the 

AQP must meet minimum certification 

and rating criteria established by the 

FAA in parts 61, 63, or 65 of this 

chapter. The FAA may approve 

alternatives to the certification and 

rating criteria of parts 61, 63, or 65 of 

this chapter, including practical test 

requirements, if it can be demonstrated 

that the newly established criteria or 

requirements represent an equivalent or 

better measure of crewmember or 

dispatcher competence, operational 

proficiency, and safety. 

(b) The applicant satisfactorily 

completes the appropriate qualification 

curriculum. 

(c) The applicant shows competence 

in required technical knowledge and 

skills (e.g., piloting or other) and crew 

resource management (e.g., CRM or 

DRM) knowledge and skills in scenarios 

(i.e., LOE) that test both types of 

knowledge and skills together. 

(d) The applicant is otherwise eligible 

under the applicable requirements of 

part 61, 63, or 65 of this chapter. 

(e) The applicant has been trained to 

proficiency on the certificate holder’s 

approved AQP Qualification Standards 

as witnessed by an instructor, check 

airman, or APD and has passed an LOE 

administered by an APD or the FAA. 

§ 121.921 Training devices and simulators. 

(a) Each flight training device or 

airplane simulator that will be used in 

an AQP for one of the following 

purposes must be evaluated by the FAA 

for assignment of a flight training device 

or flight simulator qualification level: 

(1) Required evaluation of individual 

or crew proficiency. 

(2) Training to proficiency or training 

activities that determine if an individual 

or crew is ready for an evaluation of 

proficiency. 

(3) Activities used to meet recency of 

experience requirements. 

(4) Line Operational Simulations 

(LOS). 

(b) Approval of other training 

equipment. 

(1) Any training equipment that is 

intended to be used in an AQP for 

purposes other than those set forth in 

paragraph (a) of this section must be 

approved by the FAA for its intended 

use. 

(2) An applicant for approval of 

training equipment under this 

paragraph must identify the device by 

its nomenclature and describe its 

intended use. 

(3) Each training device approved for 

use in an AQP must be part of a 

continuing program to provide for its 

serviceability and fitness to perform its 

intended function as approved by the 

FAA. 

§ 121.923 Approval of training, 

qualification, or evaluation by a person who 

provides training by arrangement. 

(a) A certificate holder operating 

under part 121 or part 135 of this 

chapter may arrange to have AQP 

training, qualification, evaluation, or 

certification functions performed by 

another person (a ‘‘training provider’’) if 

the following requirements are met: 

(1) The training provider is 

certificated under part 119 or 142 of this 

chapter. 

(2) The training provider’s AQP 

training and qualification curriculums, 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54819 

curriculum segments, or portions of 

curriculum segments must be 

provisionally approved by the FAA. A 

training provider may apply for 

provisional approval independently or 

in conjunction with a certificate 

holder’s application for AQP approval. 

Application for provisional approval 

must be made, through the FAA office 

directly responsible for oversight of the 

training provider, to the Manager of the 

Advanced Qualification Program. 

(3) The specific use of provisionally 

approved curriculums, curriculum 

segments, or portions of curriculum 

segments in a certificate holder’s AQP 

must be approved by the FAA as set 

forth in § 121.909. 

(b) An applicant for provisional 

approval of a curriculum, curriculum 

segment, or portion of a curriculum 

segment under this paragraph must 

show the following requirements are 

met: 

(1) The applicant must have a 

curriculum for the qualification and 

continuing qualification of each 

instructor and evaluator used by the 

applicant. 

(2) The applicant’s facilities must be 

found by the FAA to be adequate for any 

planned training, qualification, or 

evaluation for a certificate holder 

operating under part 121 or part 135 of 

this chapter. 

(3) Except for indoctrination 

curriculums, the curriculum, 

curriculum segment, or portion of a 

curriculum segment must identify the 

specific make, model, and series aircraft 

(or variant) and crewmember or other 

positions for which it is designed. 

(c) A certificate holder who wants 

approval to use a training provider’s 

provisionally approved curriculum, 

curriculum segment, or portion of a 

curriculum segment in its AQP, must 

show the following requirements are 

met: 

(1) Each instructor or evaluator used 

by the training provider must meet all 

the qualification and continuing 

qualification requirements that apply to 

employees of the certificate holder that 

has arranged for the training, including 

knowledge of the certificate holder’s 

operations. 

(2) Each provisionally approved 

curriculum, curriculum segment, or 

portion of a curriculum segment must 

be approved by the FAA for use in the 

certificate holder’s AQP. The FAA will 

either provide approval or require 

modifications to ensure that each 

curriculum, curriculum segment, or 

portion of a curriculum segment is 

applicable to the certificate holder’s 

AQP. 

§ 121.925 Recordkeeping requirements. 

Each certificate holder conducting an 

approved AQP must establish and 

maintain records in sufficient detail to 

demonstrate the certificate holder is in 

compliance with all the requirements of 

the AQP and this subpart. 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS 

ABOARD SUCH AIRCRAFT 

■ 13. The authority citation for part 135 

continues to read as follows: 

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

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

44717, 44722. 

SFAR No. 58 [Removed] 

■ 14. Remove SFAR No. 58 from part 

135. 

§ 135.1 [Amended] 

■ 15. Amend § 135.1(a)(4) by removing 

‘‘SFAR No. 58’’ and adding ‘‘subpart Y 

of part 121 of this chapter’’ in its place 

each place it appears. 

Issued in Washington, DC on September 7, 

2005. 

Marion C. Blakey, 

Administrator. 

[FR Doc. 05–18342 Filed 9–15–05; 8:45 am] 

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