65940 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

class ratings and, if required, an

appropriate type rating for that airplane.

(2) Of a helicopter in a scheduled

interstate air transportation operation by

an air carrier within the 48 contiguous

states unless that person holds an

airline transport pilot certificate,

appropriate type ratings, and an

instrument rating.

* * * * *

§ 135.244 [Amended]

103. Section 135.244(a) is amended by

revising the phrase ‘‘by a Commuter Air

Carrier (as defined in § 298.2 of this

title) in passenger-carrying operations’’

to read ‘‘in a commuter operation, as

defined in part 119 of this chapter.’’

Issued in Washington, D.C. on December

12, 1995.

Federico Pen ̃ a,

Secretary of Transportation.

David R. Hinson,

Administrator.

[FR Doc. 95–30545 Filed 12–14–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No. 27993; Amdt No. 121–250, 135–

57]

RIN 2120–AC79

Air Carrier and Commercial Operator

Training Programs

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This document amends the

training and qualification requirements

for certain air carriers and commercial

operators by requiring certain certificate

holders operating under part 135, and

permitting certain others, to comply

with part 121 training, checking, and

qualification requirements, and

mandating Crew Resource Management

(CRM) training requirements for part

121 and 135 operators. The FAA is

amending these rules in order to make

certain part 135 training requirements as

comprehensive as part 121 requirements

and to incorporate recent knowledge

about human performance factors. The

rule also allows certain part 135

certificate holders to take advantage of

sophisticated aircraft simulator training

technologies presently available to part

121 certificate holders. By increasing

the training and qualification

requirements for certain operators, the

rule is intended to reduce the risk of

accidents and incidents. By mandating

CRM training for certificate holders

required to comply with part 121

training requirements, the rule is also

intended to reduce the number of

accidents and incidents that could be

attributed to a lack of crew

communication and coordination.

EFFECTIVE DATE: March 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Mr. Larry Youngblut, Project

Development Branch (AFS–240), Air

Transportation Division, Flight

Standards Service, Federal Aviation

Administration, 800 Independence

Avenue, SW, Washington, DC 20591;

telephone (202) 267–8096.

SUPPLEMENTARY INFORMATION:

Availability of the Rule

Any person may obtain a copy of this

rule by submitting a request to the

Federal Aviation Administration, Office

of Public Affairs, Attention: Public

Inquiry Center (APA–230), 800

Independence Avenue, SW.,

Washington, DC 20591, or by calling

(202) 267–3484. Requests must identify

the amendment number and title of this

rule.

Background

Parts 121 and 135 of Title 14 of the

code of Federal Regulations contain

rules that specify training program

requirements for air carriers and certain

commercial operators. Those rules

specify the qualification requirements of

crewmembers, flight and simulator

instructors, check airmen, aircraft

dispatchers, and other operations

personnel. The most detailed and

rigorous training and qualification

requirements are those contained in

subparts N and O of part 121. Although

subparts N and O have been amended

a number of times in recent years, most

of the amendments concern the use of

simulators, training devices, or specific

training requirements such as security

and the transportation of hazardous

materials. No comprehensive changes

have been made to these subparts since

December 1969.

The FAA’s most immediate concerns

regarding the training and qualification

regulations in part 121 and part 135 are

twofold. First, compared to part 121

training regulations, part 135 training

regulations do not provide a balanced

mix of training and checking. Part 121

training and qualification regulations

require both recurrent training as well

as recurrent flight checks. Although part

135 requires flight training, flight checks

can be repeatedly substituted for

required training. Second, current parts

121 and 135 training regulations do not

incorporate recent knowledge about the

significance of human performance

factors (e.g., communication, decisionmaking, leadership, management),

generally referred to as crew resource

management (CRM), in safe flight

operations.

In December, 1986, in response to a

safety recommendation from the

national Transportation Safety Board

(NTSB), the FAA specifically addressed

the human factors training issue by

initiating an aviation behavioral

technology program. This ongoing

program consists of projects that, among

other things, increase the use of line

operational simulations (LOS) i.e.

simulator training using a typical

operational passenger flight scenario, in

a controlled training environment

designed to improve cockpit/cabin

communication and coordination skills,

and pilot decision-making skills.

In June, 1988, the NTSB issued safety

recommendation A–88–71 concerning

CRM training, as a result of a Northwest

Airlines crash on August 16, 1987, in

which 148 passengers, 6 crewmembers,

and 2 people on the ground were killed.

The NTSB noted that both pilots had

received training only as individuals

and not as an integral part of the cockpit

crew during their last simulator training

and proficiency checks. The last CRM

training they had each received was 3.5

hours of ground school of general CRM

training in 1983. The NTSB implied that

the accident might have been prevented

had the flight crew received adequate

CRM training.

After soliciting ideas from other

government agencies and from the

aviation community, the FAA published

a proposed Special Federal Aviation

Regulation (SFAR) and an

accompanying draft advisory circular

(AC) in the Federal Register (54 FR

7670, February 22, 1989). These

documents proposed a voluntary,

alternative method of complying with

the training requirements in current

regulations. The voluntary alternative

training is called an ‘‘advanced

qualification program’’ (AQP). After

considering comments received, the

FAA issued a final SFAR 58, Advanced

Qualification Program, and an

accompanying Advisory Circular 120–

54 (55 FR 40262, October 2, 1990). This

voluntary program applies to certificate

holders operating under part 121 or part

135 that elect the alternative

requirements of AQP. The alternative

requirement includes CRM training and

evaluation, increased use of LOS, use of

training centers, and the evaluation of

flight training devices and flight

simulators.
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65941

To date, the larger and more

sophisticated air carriers have taken

advantage of the voluntary program. The

FAA expects this to be the case for the

foreseeable future. However, the FAA

recognizes that some operators,

particularly smaller operators, may elect

not to participate in the voluntary AQP

program and will instead comply with

current training requirements in parts

121 and 135; therefore, the FAA is

amending the current training

requirements of parts 121 and 135 to

address the most immediate concerns

regarding improved aircrew training and

qualification standards. In particular, all

certificate holders operating under part

121, and those certificate holders

operating under part 135 who are

authorized or required under this final

rule to follow part 121 training and

qualification requirements, are now also

required by this rule to include CRM in

their training programs.

Another recommendation from the

National Transportation Safety Board

(NTSB) was that commuter air carriers

conducting operations under part 135

with airplanes that require two pilot

crewmembers should also be required to

comply with the training, checking, and

qualification requirements of part 121.

Many regional air carriers operate

under both a part 121 and a part 135

certificate because of the type of

airplanes they fly. The FAA has

encouraged these regional air carriers to

train and qualify their pilots under part

121 rather than maintaining two

separate training programs. Several of

these air carriers have voluntarily

required their pilots to be trained,

checked, and qualified under part 121

or its equivalent.

The Rule

General Applicability

The amendments to part 121 apply to

all certificate holders operating under

part 121 and to all certificate holders

operating under part 135 that are

required to comply with the part 121

training and qualification requirements.

The requirements also apply to certain

part 135 certificate holders if they

request and receive FAA authorization

to comply with the part 121 training and

qualification requirements.

Commuter Operations Conducted Under

Part 135

Part 135 commuter operations serving

small and medium sized communities

carry millions of passengers every year.

The Regional Airline Association

(RAA), whose membership consists

primarily of commuter air carriers,

estimates that more than 61 million

passengers will be carried by RAA

member airlines in 1997.

Comprehensive training requirements,

including CRM training, are important

to the safety of these operations. Part

121 training benefits these operations

because it provides more emphasis on

training, whereas current part 135 rules

rely more heavily on the testing and

checking requirements set forth in

subparts G and H of part 135. Part 121

also allows greater use of simulators

which results in two benefits:

(1) Under § 121.407(c), simulator

training can be substituted for repetitive

proficiency checks (§ 121.441) and

certain recency requirements

(§ 121.439). This allows for greater

flexibility and a more effective mix of

training and checking activities.

(2) Simulator training may include

hazardous scenarios that would be

imprudent to include in inflight

training. Thus simulator training

increases pilot proficiency in dealing

with such situations.

Because subparts N and O emphasize

both periodic simulator training and

checking programs rather than the

continuous checking and testing

emphasis of subparts E, G, and H of part

135, this final rule requires the

following certificate holders conducting

commuter operations under part 135 to

comply with the training, checking, and

qualification requirements of part 121,

subparts N and O, in place of the

requirements of subparts E, G, and H of

part 135: (1) Those that conduct

commuter operations with airplanes for

which two pilots are required by aircraft

type certification rules, and (2) those

that conduct commuter operations with

airplanes having a passenger seating

configuration, excluding any pilot seat,

of 10 seats or more.

This final rule also allows the

Administrator to authorize any other

certificate holders that conduct

operations under part 135 to comply

with the training, checking, and

qualification requirements of subparts N

and O part 121. However, because of the

size and complexity of the airplanes and

the number and length of the flights

conducted by these certificate holders,

the FAA will permit these certificate

holders to comply lower number of

hours of operating experience under

part 135 rather than those hours

specified in § 121.434.

Each part 135 certificate holder that

will comply with part 121 training

requirements is required to submit and

obtain FAA approval of a transition plan

for converting from part 135 to the part

121 training and checking requirements.

In that plan, the certificate holder

should address issues such as: (1)

Whether currently employed

crewmembers need additional training

to meet minimum part 121 training and

qualification requirements; and (2) how

the certificate holder’s training

curriculum will be modified, if

necessary, to meet part 121

requirements.

Under § 121.405(g), as revised herein,

a certificate holder may request a

reduction in the programmed hours of

ground training from the minimum

hours required under present § 121.419.

A reduction may be warranted in cases

where a certificate holder shows that the

airplanes it operates under part 135 are

less complex than those generally

operated under part 121. For this

reason, certain part 135 certificate

holders may have to modify their

training program.

Crew Resource Management (CRM)

Training

A major objective of this rule is to

require all certificate holders operating

under part 121 and those part 135

certificate holders who must comply

with subparts N and O of part 121 as a

result of this final rule to provide CRM

training.

CRM training teaches crewmembers

and aircraft dispatchers to use

effectively all resources available to the

crew (e.g. hardware, software, and all

persons involved in aircraft operation)

to achieve safe and efficient flight

operations. Sections 121.404,

121.419(a)(1), 121.421(a)(1),

121.422(a)(1), and 121.427(b)(4) provide

for the approval of CRM training and

require CRM to be incorporated into

ground training for flight crewmembers

and aircraft dispatchers. Also, as part of

this amendment, part 135 certificate

holders who conduct training under

part 121 must provide CRM training as

part of their approved training

programs.

The FAA anticipates that for a CRM

training program to be approved, it

would include three distinct

components: (1) An indoctrination/

awareness component, often called

‘‘initial CRM training,’’ during which

CRM issues are defined and discussed;

(2) a recurrent practice and feedback

component during which trainees gain

experience with CRM techniques; and

(3) a continuing reinforcement

component which ensures that CRM

principles are addressed throughout the

trainee’s employment with the

certificate holder. Advisory Circular

(AC) 120–51B, as amended, ‘‘Crew

Resource Management Training,’’ and

AC 121–32, ‘‘Dispatch Resource

Management’’ provide basic guidance in

establishing approved CRM training. (In

this amendment, the term ‘‘CRM’’

includes both crew resource
65942 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

management and dispatcher resource

management.) DOT/FAA/RD–92–26,

‘‘Crew Resource Management: An

Introductory Handbook,’’ goes into

further detail.

Section 121.404 includes initial CRM

training for persons already employed

by the certificate holder, and for new

employees of the certificate holder,

unless a new employee has completed

the applicable initial CRM training from

another certificate holder. The FAA

anticipates that this component will be

very similar for all certificate holders.

CRM initial indoctrination/awareness

training is a curriculum segment with a

variety of instructional methods, which

can include lectures, discussions, films,

practice in an operational setting or a

line operational simulation (LOS)

session, and feedback with a facilitator.

CRM initial indoctrination/awareness

training must be provided to all

crewmembers and aircraft dispatchers;

this training is in addition to existing

training. Under § 121.406, the FAA may

credit some crew resource management

or dispatcher resource management

(CRM/DRM) training received before the

compliance date in the rule. Some

operators have been providing CRM/

DRM training under AQP or under

voluntary programs. In appropriate

circumstances, the FAA may credit part

or all of such training toward the initial

ground CRM/DRM training which is

required by §§ 121.419, 121.421, and

121.422.

The recurrent practice and feedback

component of CRM training is best

accomplished through the use of

simulators and video equipment.

However, if the use of simulators is not

practical, CRM scenarios can be created

without simulators, and practice can be

tape recorded to provide feedback.

Feedback should be directed by a

facilitator who has had appropriate

CRM training. Practice and feedback

provide participants with critiques by

one’s self and peers to improve

communication, decision-making, and

leadership skills.

Numerous comments concerning

requiring minimum program hours for

CRM training were submitted.

Regarding these comments, the FAA has

determined that specifying a minimum

number of programmed hours for CRM

training is not required. Rather, the FAA

will consider instructional techniques,

number of students in a class, the use

of simulation, new training technology,

the use of student feedback, the

measurement of training outcomes, as

well as the number of hours of training

time in evaluating and approving CRM

training programs.

Many certificate holders already have

approved CRM programs that are highly

effective. The number of hours in these

programs vary, however, the FAA’s

experience with these highly successful

CRM training programs indicates that

the most effective programs contain

approximately 12 hours for pilot initial

CRM training and 8 hours for flight

attendant initial CRM training.

Recurrent training under these

established programs contain

approximately 4 hours for pilots and

flight engineers and 2 hours for flight

attendants and aircraft dispatchers. In

this final rule, the increase in minimum

programmed hours for initial and

recurrent training as proposed in Notice

94–35 (59 FR 64272, December 13,

1994) has been removed. The FAA will

consider each certificate holder’s CRM

training program based on the program’s

ability to reach the training objectives

rather than requiring minimum

programmed hours for this training.

Editorial Clarification

The change to § 121.135(b)(15) makes

it clear that the certificate holder’s

manual must include the entire training

program curriculum required under

§ 121.403, not just the program affecting

airmen.

Effective Date and Compliance Dates

The FAA has established an effective

date of March 19, 1996. By that date,

certificate holders operating under part

135 who are required to comply with

applicable part 121 training and

qualification requirements, must submit

the transition plan required under

§ 135.3. The compliance date for

training and qualifying under part 121

rules is 1 year after the effective date of

the final rule.

For initial CRM training, the FAA has

established a compliance date 2 years

after the effective date of the final rule

for flight crewmembers, and 3 years

after the effective date of the final rule

for flight attendants and aircraft

dispatchers. After the applicable date, a

certificate holder is prohibited from

using a crewmember or dispatcher

unless that person has completed

approved crew or dispatcher resource

management initial training. Since a

large number of certificate holder

employees are required to have this

training, the delayed compliance dates

will allow sufficient time to train

instructors conducting CRM training,

and then, in turn, provide this training

to all crewmembers and dispatchers.

Consideration of Comments to the

NPRM

On December 13, 1994, the FAA

proposed these changes in a Notice of

Proposed Rulemaking 94–35 (59 FR

64272). Seventeen comments were

received. The following is a discussion

and the FAA’s response to the

substantive subject areas.

Improvements in Safety

Comment: The National

Transportation Safety Board (NTSB)

strongly supports this proposal. The

Board believes that the proposal is

responsive to a number of their safety

recommendations regarding previously

noted shortcomings in the human

factors aspects of flightcrew

performance. It specifically cites and

supports the greater use of flight

simulators, and actions taken to

improve pilot operating experience in

scheduled air carriers. The Board

believes that the adoption of this

proposal will contribute significantly

toward improving the level of safety in

commuter airline operations as well as

major air carriers.

FAA Response: The FAA welcomes

the comments of the NTSB, and has

given them due consideration in the

development of this final rule.

Crew Resource Management Training

Program Content

Comments: A number of commenters

address the proposed requirement to

add a specific number of training hours

to be devoted specifically to CRM

training.

USAIR Express comments that it

supports the addition of CRM, but the

hours stated in the regulation should be

planned hours rather than programmed

hours, indicating that this would

provide more flexibility depending on

class size. Also, all the training should

be proficiency based. Pilot initial

training should be 8 hours; 6 hours for

flight attendants and dispatchers.

An individual commenter states that

he supports the addition of CRM

training to the training curriculum and

recommends a requirement for at least

5 hours of full motion simulator CRM

training for both initial and recurrent

training, in addition to 24 classroom

hours of initial training. Recurrent CRM

training should be conducted annually

and include 16 classroom hours.

The Air Line Pilots’ Association

(ALPA) recommends that the

programmed times stated in the NPRM

should be considered minimums on

which to build a comprehensive CRM

training program.

The Coalition of Flight Attendant

Unions provides a joint comment for a
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65943

number of flight attendant associations

and concurs with the requirement of 8

hours for initial flight attendant

training, but recommends an additional

2 hours be added to recurrent training,

raising the requirement from 12 to 14

hours.

The Air Transport Association

recommends that the FAA use a ‘‘train

to proficiency’’ concept rather than

specifying a certain number of hours for

CRM training. This training should be

integrated into other appropriate

training.

Flight Safety International comments

that the training should be ‘‘objective

based’’ rather than specifying ‘‘block

hours.’’

United Airlines (UAL) comments that

it is in complete agreement with the

proposal, except requiring programed

hours. UAL states that ‘‘the notion of

programmed hours is bankrupt and that

no training professional judges the

adequacy of a training program by the

number of hours spent on a given

subject.’’

The Regional Airline Association

recommends removing the ‘‘hard time’’

requirement of a specific number of

hours for CRM training and instead

recommends that CRM training be

integrated into the operator’s existing

training program in an appropriate

manner.

FAA Response: As stated previously,

the FAA has removed the requirement

for minimum programmed hours for

approved CRM training programs. The

FAA agrees that CRM training should be

objective-based rather than based on a

specific number of required hours.

Therefore, in complying with this final

rule, each individual certificate holder’s

CRM training program will be evaluated

on its design to reach its stated training

objectives. In evaluating CRM training

programs, the FAA will consider how

these training objectives are met and

how the certificate holder measures

training outcomes. The FAA will

consider instructional techniques, class

size, the use of simulation, new training

technology, overall quality of training,

and most importantly, student/

instructor feedback and other evaluation

methods in determining the adequacy of

CRM training programs. The FAA also

agrees that the principles of CRM

should be integrated into other

appropriate training and that these

principles be practiced routinely

throughout other company flight

operations.

Comment: The Department of

Psychology of the University of Texas at

Austin supports the proposal to add

CRM training to the rule. However, they

state that CRM training must be

designed to the specific needs of the

airline and its operating environment

and that an evaluation of the human

factors training must be included in

each certificate holder’s approved CRM

program.

FAA Response: The FAA agrees with

the commenter that CRM training

programs should be designed to meet

the specific needs of the certificate

holder’s operating environment and that

a continuing assessment of the CRM

training program should be

accomplished to determine if the

program is achieving its goals.

Information on designing CRM

programs that are specific to the needs

of the certificate holder and its

operating environment and the

evaluation of the CRM training program

are included in AC 120–51B. Also,

§ 121.405(d) allows the training program

to be tailored to the individual operator.

Comment: USAIR Express comments

that initial new-hire CRM training

should be differentiated from initial,

transition, and upgrade requirements.

CRM training should also be integrated

into other training rather than being a

separate module in the general subjects

section.

FAA Response: USAir Express states

that initial new hire CRM training

should differ from other CRM training.

The FAA agrees that CRM training

needs to be tailored to the needs of

those being trained and guidance is

provided on this subject in AC 120–51B.

The FAA also agrees that CRM training

principles should be incorporated into

all the certificate holder’s training.

However, the principles of CRM must be

learned first before they can be

integrated into the certificate holder’s

entire operation.

Comment: An individual commenter

recommends that CRM training be

conducted for at least 3 hours in a full

motion simulator.

FAA Response: Training in a full

motion simulator would provide

excellent training; however the FAA

believes that mandating CRM training in

a ‘‘full motion’’ simulator is not

necessary to learn and practice CRM

skills.

Comment: The Coalition of Flight

Attendant Unions mentions that there is

no provision to address giving or

denying credit for training already

accomplished if the employee changes

carriers, for example, moving from a

regional carrier to the parent carrier.

The group also proposes rewriting

§ 121.421 (iii) to include wording from

AC 120–51B which would ensure a

minimum level of quality control.

FAA Response: Section 121.404 as

adopted in this final rule provides that

a flight attendant who receives initial

training from one certificate holder does

not have to repeat that training for

another certificate holder.

The FAA does not agree with the

commenter that the regulation as

proposed should be rewritten to include

the three CRM training phases as

discussed in AC 120–51B, i.e., initial

indoctrination and awareness, practice

and feedback, and evaluation phases.

An approved CRM training program

should include the training objectives

stated in the AC. However, the FAA

believes there is more than one way to

achieve these training objectives. Each

certificate holder must determine the

most practical and efficient way to meet

the general training criteria stated in AC

120–51B.

Comment: The Air Transport

Association (ATA) recommends

reorganizing some of the proposed

sections, generally consolidating them

into other sections of the proposed rule;

and provides a detailed rewrite of the

§ 121.423.

FAA Response: The FAA does not

agree that the rule language should be

rewritten under a new § 121.423, since

it appears that ATA’s rewrite basically

provides training credit for CRM

training received after the effective date

of this final rule; this credit is already

provided in § 121.406 which will be

adopted as proposed.

Comment: Flight Safety International

recommends that the rule include the

requirement for assessment, design, and

implementation of the CRM training

program. The commenter provided a

detailed discussion how to improve

each of these facets.

FAA Response: The comments of

Flight Safety International regarding the

requirement for assessment, design and

implementation of the CRM training

program have merit and are addressed

in AC 120–51B.

Comment: The Regional Airline

Association generally supports the rule

but recommends that the rule include

specific reference to part 121,

Appendices E, F, and H, and the record

keeping requirements of § 121.683.

FAA Response: The FAA does not

concur regarding the recommendation

that the rule include specific reference

to Appendices E, F, and H, which

elaborate on flight maneuvers. The

certificate holder may include CRM

while training on flight maneuvers, but

the FAA does not want to limit or

mandate CRM during each specific

training maneuver. Also, the FAA

believes that the detailed record keeping

requirements of § 135.63 are more than

adequate for affected part 135 operators.
65944 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Comment: One individual commenter

believes that CRM could not be defined;

to attempt to do so, ‘‘goes exactly

against the spirit of CRM.’’ Instead, he

felt that the fightcrew should pursue ‘‘a

spontaneous program of people trying to

discover ways to relate more

harmoniously.’’ Therefore, any effort to

formalize CRM training was

counterproductive.

FAA Response: The FAA does not

agree with this commenter. CRM skills

can be learned and improved by both

formal training and the informal

integration of CRM skills into the

certificate holder’s organizational

culture.

Scope of CRM Training

Comment: One individual commenter

and one professional association note

that maintenance technicians were not

addressed in the notice and recommend

that there should be a proposed change

to part 66 mandating CRM for

maintenance technicians.

FAA Response: The FAA appreciates

the comment. However, including

maintenance technicians in this rule is

outside the scope of the NPRM.

Comments: A number of commenters

address the issue of the importance of

the training given to those who are

responsible to approve, conduct, and

evaluate CRM training.

The Department of Psychology of the

University of Texas at Austin feels that

there should be provisions for

specialized training of check pilots,

flight instructors, and FAA Flight

Standards personnel who must not only

be aware of the concepts of CRM, but

also must be able to debrief and instruct

others in the facets of the program. The

commenter also suggests that CRM

principles and requirements be

included in the airline’s flight manuals.

USAIR Express comments that the

FAA’s Principal Operations Inspectors

must be trained in detail to effectively

assess and evaluate CRM training

programs; otherwise, operators may

have difficulty getting curriculum

segments approved or getting credit for

previously conducted training.

ALPA notes that the facilitators of

CRM training must have the highest

experience and qualifications to

properly evaluate this training.

Flight Safety International emphasizes

that instructors and check pilots need

specialized training in CRM observation

and debriefing skills.

The Regional Airline Association

notes that FAA inspectors who are

responsible for evaluating, approving,

and monitoring the effectiveness of the

operator’s CRM programs will need

additional training for this

responsibility.

The Air Transport Association

comments that the FAA should ensure

that the inspectors who evaluate this

program must be highly trained.

FAA Response: The FAA agrees with

all these commenters. In addition to

establishing a training course for POIs,

the FAA has included information in

the air carrier inspectors’ handbook and

AC 120–51B that provides guidance in

the approval process. This information

is also available to instructors and check

pilots.

Compliance Period

Comments: The Department of

Psychology of the University of Texas at

Austin comments that the compliance

period of 2 years for flight crews and 3

years for dispatchers and flight

attendants seemed excessive and should

be shortened.

The group of flight attendant

associations recommends that the

proposed compliance period of 2 years

for pilots, and 3 years for flight

attendants and dispatchers, be

shortened to 1 year and 2 years

respectively, based on the significance

of the rule to the traveling public and its

ease of implementation.

ALPA fully supports the proposal and

strongly urges the FAA to implement

the final rule at the earliest opportunity.

FAA Response: The FAA has adopted

a compliance period of 2 years for over

76,000 flight crewmembers and 3 years

for over 84,000 flight attendants and

dispatchers who require initial CRM

training. The FAA encourages certificate

holders to develop an approved CRM

training program and begin training as

soon as possible. However, the FAA

believes that to require total compliance

in a shorter time than proposed could be

a significant economic burden on some

certificate holders because training

would then have to be accomplished

outside the normal, scheduled recurrent

training cycle.

Comment Period

Comment: The Alaska Air Carriers’

Association suggests extending the

comment period to June 23, 1995 to be

aligned with another proposal affecting

commuter airlines in the area of aircraft

certification and general operations.

FAA Response: This action is one in

a series of on-going actions to improve

the safety of commuter airlines. The

effect of this rule is referenced in the

recently published NPRM titled

Commuter Operations and General

Certification and Operations

Requirements (60FR16230, March 29,

1995). However, the provisions of this

rule are not significantly affected by the

other actions proposed in subsequent

NPRM’s Therefore, this notice will be

finalized with due consideration given

to all comments received in the current

comment period.

Economics

Comment: The Office of the Chief

Counsel for Advocacy of the U.S. Small

Business Administration believes that

the FAA overestimated the benefits of

CRM training for part 135 operators,

mainly citing the belief that CRM

training would not be 100% effective.

Also, the commenter questions the

FAA’s position that the rule would not

have a significant economic impact on

a substantial number of small entities.

Comment: A group of flight attendant

associations comments on the estimated

cost of initial and recurrent CRM

training for flight attendants, providing

training costs and per diem information

on nine representative carriers.

Comment: The National Air Transport

Association expresses concern that, for

all part 135 operators who operate

aircraft with two pilot crews carrying 10

or more passengers, the proposal may be

administratively and economically

burdensome. Therefore the Association

opposes the FAA proposal to mandate

compliance with part 121 training

standards. It feels that compliance with

part 121 training, including CRM,

should be voluntary for part 135

commuter carriers operating aircraft

with 10 to 19 seats.

FAA Response: The FAA has

reviewed the commenter’s points and

addressed them in the Regulatory

Evaluation of the final rule.

Regulatory Evaluation Summary

This section summarizes the full

regulatory evaluation that provides

more detailed estimates of the economic

consequences of this regulatory action.

This summary and the full evaluation

quantify, to the extent practicable,

estimated costs and anticipated benefits

to the private sector, consumers, and

Federal, State, and local governments.

Proposed changes 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 requires agencies to analyze the

economic effect of regulatory changes

on small entities. Third, the Office of

Management and Budget directs

agencies to assess the effect of

regulatory changes on international
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65945

trade. In conducting these analyses, the

FAA has determined that this Final Rule

would generate benefits that justify its

costs and is a ‘‘significant regulatory

action’’ as defined in the Executive

Order. The FAA estimates that the Final

Rule will not have a significant

economic impact on a substantial

number of small entities. No part of the

rule is expected to constitute a barrier

to international trade. These analyses

are provided in the docket and are

summarized below.

Response to Comments on the Original

Regulatory Evaluation

Two interested parties submitted

comments concerning the preliminary

regulatory evaluation. Their comments

and FAA’s disposition are summarized

below by subject area.

Wages

Comment: The Coalition of Flight

Attendant Unions states that the $27

hourly compensation rate used for part

121 flight attendants seems ‘‘excessive.’’

FAA Response: In response to this

comment, the FAA recalculated the

hourly compensation rate for part 121

flight attendants based on the Future

Aviation Professionals of America’s

(FAPA) 1994–1995 Flight Attendant

Directory of Employers & Salary Survey.

These data support the $27 hourly

compensation rate for flight attendants

who have been employed for 5 years.

Initial Training

Comment: The Coalition of Flight

Attendant Unions states that air carriers

do not typically pay or provide benefits

to flight attendants during initial

training because the trainees are not yet

employees. According to the

commenter, the provision of lodging

and meals during initial training varies

among carriers. Many carriers will pay

for lodging, some will pay for meals,

some provide a small stipend, and some

do not defray meal costs at all.

FAA Response: While the FAA agrees

that airlines do not necessarily assume

the full cost, the agency believes it is

appropriate to consider the costs to

others including the flight attendants

themselves. The FAA believes that if a

flight attendant were not attending a

training session, the flight attendant

would most likely be working at another

job earning a wage rate comparable to

that of a first year flight attendant.

Accordingly, the FAA has calculated

costs based on the full hourly

compensation rate. The FAA estimates

that a first year flight attendant earns

hourly compensation of $18.00 for part

135 operators and $20 for part 121

operators. The FAA also estimates that

flight attendant training will cost $125

per day for meals and lodging regardless

of whether the operator or flight

attendant absorbs these costs.

Recurrent Training

Comment: The Coalition of Flight

Attendant Unions states that

compensation during recurrent training

varies among carriers. Some carriers pay

no salary during training, while others

pay a contractual level substantially

below the working flight attendant rate,

according to the commenter. Also, some

carriers pay per diem while other do

not. This commenter provided a brief

summary of flight attendant training

costs for selected major, national, and

regional air carriers.

FAA Response: After reviewing this

comment, the FAA has decided to use

the compensation rate for a fifth-year

flight attendant to compute the

compensation rate for recurrent training

($23 for part 135 and $27 for part 121).

Based on the discussion above, the

evaluation assumes that flight

attendants are compensated at their

hourly flight rate. Per diem is estimated

at $125, regardless of whether the

airline or the flight attendant absorbs

this cost.

Training Hours

Comment: The Coalition of Flight

Attendant Unions states that, based on

experience, reductions in training hours

are routinely requested and are nearly as

routinely granted. The commenter

concludes that, following approval of

credits and reductions, this rule could

result in some carriers absorbing hourly

requirements of CRM initial and

recurrent training into existing initial

and recurrent training programs.

FAA Response: The FAA recognizes

this concern, but for purposes of this

regulatory evaluation, the cost estimate

is based on the average number of

planned hours on which established

programs are based. For some operators,

therefore, such costs may be overstated.

CRM Training Benefits

Comment: The U.S. Small Business

Administration (SBA) states that the

FAA overestimated the benefits of CRM

training for part 135 operators. The SBA

states that the FAA assumed that such

training would be 100 percent

successful in eliminating accidents

attributable at least in part to

coordination problems. The SBA

believes that this is an overly optimistic

scenario and encourages the FAA to

examine the accident rate of operators

who already have CRM programs and

use it as the basis for estimating benefits

of the training.

The SBA further encourages the FAA

to confirm whether the accident rate for

part 135 operators resulting from crew

coordination problems includes only

accidents involving the types of aircraft

affected by the rule. According to the

commenter, the FAA did not specify

whether the accidents involved were the

types of part 135 aircraft subject to the

rule. In contrast, in estimating the

benefits of raising part 135 training to

part 121 levels, the FAA specified that

the accidents involving part 135 aircraft

were of the type affected by the

proposal. If the accident rate included

part 135 aircraft other than the types

covered by the proposed regulation,

then the FAA would overestimate the

proposal’s benefits. For an accurate

assessment of CRM’s benefits, the FAA

must confirm that the accident data

used for estimating CRM’s benefits is

limited to the types of planes covered by

the proposal for part 135 operators.

FAA Response: With respect to the

comment on effectiveness, the FAA

does not expect the rule to be 100 per

cent effective. Based on our

calculations, the part 135 CRM

requirements need to reap only 4 per

cent of the estimated benefits to be cost

beneficial. The commenter is correct

with respect to the accidents included.

The final regulatory evaluation has been

changed to consider only those

accidents involving aircraft affected by

this rule.

Regulatory Flexibility Analysis

Comment: The SBA states that the

proposal’s regulatory flexibility analysis

is not in conformance with the

Regulatory Flexibility Act (RFA). First,

according to the commenter, the FAA

did not provide the public with the

opportunity to assess the FAA’s

justification for its criteria for evaluating

the significance of a rule’s economic

impacts. Second, the FAA did not

adhere to the procedures for

establishing a small business definition

different from the definition under § 3 of

the Small Business Act. Prior to issuing

a final rule, the FAA must make

publicly available the development

process it used for deriving the

threshold criteria for judging the

significance of the proposed regulation’s

economic impact on small entities. The

FAA must also consult with the SBA on

the use of its alternative small business

definition and ask for public comment

on the appropriateness of the alternative

definition.

FAA Response: The FAA disagrees

with this comment. The FAA

extensively coordinated the subject

criteria and definitions with the

appropriate agencies. In 1982, the FAA
65946 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

published in the Federal Register (47

FR 32825, July 29, 1982) an invitation

for public comment on proposed

definitions of small entities. At the time,

the FAA also provided to the SBA

materials on the proposed alternative

definitions.

Costs

Part 121 Equivalent Training for Part

135 Crewmembers

The rule requires 121 training and

qualification standards for part 135

crewmembers engaged in operations

using airplanes certificated for two

pilots or having 10 or more passenger

seats. Newly hired part 135 pilots and

flight attendants will be required to

receive the initial part 121 training.

Existing part 135 pilots and flight

attendants will not need to repeat initial

training but will be subject to recurrent

training requirements. During their first

recurrent training session, however,

existing employees must meet the newly

required part 121 training and

qualifying standards.

Incremental training costs were

determined as the difference between

current and projected training costs. For

example, the incremental cost of initial

training was estimated to be $3,999 for

a PIC and was determined by adding

pilot compensation, travel and per

diem, and other costs and subtracting

current costs.

Initial training costs for PICs, SICs,

and flight attendants will increase by

about $230,000 per year. The cost for

first year recurrent training for flight

crewmembers will increase by $1.3

million because each currently

employed crewmember will be required

to meet the part 121 training and

qualification standards. The cost for

recurrent training after the first year will

increase by $1.75 million.

The discounted incremental cost to

part 135 operators over the ten year

period is estimated to be about $17

million.

Part 121 CRM Training

The number of PICs, SICs, and flight

engineers undergoing training during

the two-year phase-in period equals 65

percent of the existing number of

employees plus new hires (the FAA

estimates that 35 percent of pilots are

already receiving CRM training through

the AQP). The cost for the initial twoyear phase-in training will be

approximately $7.5 million each year.

The cost for initial CRM training after

the phase-in period (which applies to

new hires only) will be approximately

$2 million. Recurrent training costs for

existing employees will be about $17

million annually.

The number of flight attendants and

dispatchers undergoing training during

the three-year phase-in period equals

the existing number of employees plus

new hires. For flight attendants and

dispatchers, initial training over the

three-year phase-in period will cost

about $4 million annually. Initial

training after the third year for new

hires will amount to approximately $3.5

million annually. Recurrent training for

existing employees will cost about $6

million each year.

Over the ten-year period, the total

discounted cost will equal about $230

million.

Part 135 CRM Training

CRM awareness training for pilots for

the two-year phase-in period will cost

approximately $300,000 per year. After

the second year, initial training costs

will equal about $67,000 each year.

Annual recurrent training costs will be

about $600,000.

Initial CRM awareness training for

flight attendants will cost about $31,000

per year. The cost for initial training

conducted after the phase-in period will

equal about $12,000 annually. The

annual cost for recurrent training will be

about $23,000. Over the ten year period,

discounted CRM training costs for the

part 135 operators will equal about $6

million.

Total Cost

The total discounted cost of the rule

will be approximately $253 million over

the next 10 years. The cost of CRM

training for part 121 operators accounts

for the largest portion.

Benefits

Part 135 Training Upgrade

From 1984 through 1993, the NTSB

concluded that pilot error was a

probable cause of 30 accidents involving

part 135 aircraft affected by this rule.

(The accidents included in this analysis

involved at least a serious injury or

substantial airplane damage). Mid-air

collisions and accidents due to bad

weather are excluded because the

training that will be required under this

rule would not reduce those types of

accidents.

The 30 accidents were responsible for

89 fatalities and 40 serious injuries.

During this period, commuter operators

flew 25.5 million flights resulting in a

commuter accident due to pilot error of

1.1775 accidents per million commuter

flights. The average value of avoiding

such an accident is estimated to be

$9.607 million.

In estimating the maximum potential

value of the benefits, the FAA assumes

that: (1) Because part 135 operators will

not complete training for two years, no

expected benefits will result after the

first year and, at most, only one-half of

the potential benefits will be achieved

in the second year (full benefits will be

achieved in the remaining years); and

(2) the rule will not eliminate all pilot

error accidents but will, at best, only

reduce the part 135 pilot-error accident

rate down to the rate sustained by part

121 operators. However, the FAA does

not expect this rule to completely

eliminate the differential in the piloterror accident rate because the higher

part 135 accident rate could be caused

by factors other than pilot training; less

pilot experience might also result in a

higher pilot-error accident rate for part

135 operations.

The FAA estimated the value of

potential benefits by multiplying the

average value of a part 135 pilot-error

related accident ($9.607 million) by the

number of potential accidents (accident

rate times projected flights). The value

of potential benefits was then adjusted

to equal the part 121 pilot-error accident

rate. The pilot-error accident rate for

part 121 airplanes was determined by

conducting a search of the part 121

accident database. The FAA determined

that this database contained 38

accidents in which pilot error was the

probable cause. Given that part 121

airplanes flew 61.55 million flights

during this period, the pilot-error

accident rate is estimated to be 0.6174

accidents per million flights. By

subtracting the part 121 accident rate

from the part 135 accident rate

[(1.1775¥0.6174)=.5601], the available

reduction in the part 135 accident rate

is estimated to equal .56 accidents per

one million flights.

Over the ten-year period, the

estimated value of the benefits of this

provision is about $196 million. When

current practice is taken into

consideration (30 percent of relevant

pilots are already trained under part 121

under an RAA exemption), the ten-year,

benefit of this provision is estimated to

be $111 million.

Part 135 Crew Resource Management

Training

During the period 1984 through 1993,

crew coordination was a probable cause

in 9 accidents involving part 135 aircraft

affected by this rule. The 9 accidents

were responsible for 45 fatalities and 7

serious injuries. During this period,

commuter operators flew 25.5 million

flights resulting in a commuter accident

rate due to crew coordination problems

of 0.3529 accidents per million
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65947

commuter flights. The average value of

avoiding such an accident was

estimated to be about $15.3 million.

This estimated accident cost is

considerably higher than the estimated

accident cost used in the part 135

training upgrade benefit section. The

difference results, in part, from the size

of the samples. Thirty accidents were

attributable to pilot error and only nine

to crew coordination. The three highcost accidents associated with crew

coordination drive up the average cost

of those accidents.

Initial training will begin in 1996 and

continue through 1997. Therefore, the

FAA assumes that full benefits cannot

be achieved by this rule until 1998. The

FAA estimates the value of benefits by

multiplying the average value of a part

135 CRM-related accident ($15.3

million) by the number of potential

accidents (accident rate times projected

number of flights). Over the ten year

period, the benefits of this provision are

estimated at $163 million (discounted).

However, the FAA expects to realize

only some of these benefits by imposing

this requirement.

Part 121 Crew Resource Management

Training

During the period 1984 through 1993,

crew coordination was a probable cause

in 17 accidents involving part 121

aircraft. These 17 accidents resulted in

181 fatalities, 45 serious injuries, and

130 minor injuries. During this period,

air carriers flew 61.55 million flights

resulting in an air carrier accident rate

due to crew coordination problems of

0.2762 accidents per million flights.

About two-thirds of the part 121

pilots will receive training during the

first year and the remaining one-third of

the pilots will complete the initial CRM

training by the end of the second year.

Thus, the FAA expects reduced benefits

for the first two years. The annual,

maximum potential benefits cannot be

realized until 1998. The FAA estimates

the maximum potential value of benefits

by multiplying the average value of a

part 121 CRM-related accident ($34.4

million) by the number of potential

accidents (accident rate times flights).

Over the ten-year period, the

estimated value of the benefits of this

provision is about $305 million

(discounted). Once again, the FAA

expects to realize only some of these

benefits by this proposed requirement.

Total Benefits

Benefits of this rule are estimated to

total $579 million. The largest share of

benefits, about $305 million, is

attributed to part 121 CRM training. Part

135 CRM training and upgraded pilot

training will account for about $163

million and $111 million, respectively.

Cost-Benefit Comparison

The FAA estimates that this rule will

cost approximately $253 million over 10

years. The benefits are estimated to be

$579 million. With respect to the part

135 flight crew training upgrade, the

discounted training costs will be about

$17 million, and the discounted value of

the expected benefits is $111 million.

With respect to part 135 CRM training,

the discounted training costs will be

about $6 million, and the discounted

value of the expected benefits is $163

million. With respect to part 121 CRM

training, the discounted training costs

will be about $230 million, and the

discounted value of the expected

benefits is $305 million.

The estimated total cost of the rule

has decreased significantly since the

NPRM was published. Changes in

assumptions—based on additional

information about industry practice—

were primarily responsible for the

adjustments. The final analysis takes

into consideration, for example, that 35

percent of part 121 pilots are already

receiving and will continue to receive

CRM training under AQP. It also takes

into account that 30 percent of the part

135 pilots—those employed by dualcertificated operators—already train

under part 121. Based on current

information, the FAA has also adjusted

its assumptions about new-hire rates

and the costs of travel and instruction

associated with training. In total, these

adjustments lead to a lower estimated

incremental cost of this rule.

To be cost beneficial, this rule does

not have to be 100 percent effective in

preventing the types of accidents that it

is designed to prevent, nor does the

FAA claim that these requirements will

prevent all of the accidents for which

this rule was designed. If the part 135

training upgrade is only 16 percent

effective at preventing these accidents,

then the benefits of this requirement

will exceed the costs. CRM training for

part 135 flight crews needs to be only

4 percent effective for the benefits to

exceed the cost of that requirement.

However, CRM training for part 121

flight crews needs to be over 75 percent

effective for this requirement to be costbeneficial.

The requirements for upgrading part

135 pilot training should be considered

complementary to the proposed

Commuter Rule (while the two CRM

requirements are independent of the

Commuter Rule). The goal of both the

Commuter Rule and the part 135

training upgrade requirement is to

reduce the accident rate of scheduled

carriers operating 10-to-30-seat

airplanes under part 135 to the existing

part 121 accident rate. The benefits of

the part 135 training upgrade

requirement are part of the benefits

estimated for the Commuter Rule, and

they cannot be separated from that rule

because it is not possible to determine

which rule would have prevented a

given accident. For example, individual

accidents may be prevented by any one

of several factors, such as prevention of

the occurrence of a problem with an

airplane in the first place, by providing

more or better crew training to properly

respond to the problem after it occurs,

or providing a dispatcher to help

identify a problem before it becomes a

potential accident. For this reason, the

FAA has chosen to combine the

estimated costs of upgrading part 135

pilot training with the cost of the

Commuter Rule and compare these

combined costs with the estimated

benefits of the Commuter Rule. When

the estimated cost of the part 135 pilot

training upgrade requirement ($17

million) is added to the estimated costs

for the Commuter NPRM ($275 million),

the combined costs ($292 million) are

still less than the estimated benefits of

the Commuter NPRM ($393 million).

The estimated costs and benefits will

probably be different in the Commuter

Final Rule, but the estimated cost of the

Commuter Final Rule plus the $17

million for the part 135 pilot training

upgrade requirement is still expected to

be less than the estimated benefits for

the Commuter Final Rule.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980

(RFA) was enacted by Congress to

ensure that small entities are not

unnecessarily and disproportionately

burdened by the Government

regulations. The RFA requires agencies

to review rules that may have ‘‘a

significant economic impact on a

substantial number of small entities.’’

The rule will affect those small

entities regulated by parts 121 and 135.

The FAA’s criterion (for documentation,

see 47 FR 32825, July 29, 1982) for ‘‘a

substantial number’’ is a number that is

not less than 11 and which is more than

one-third of the small entities subject to

the rule. For air carriers, a small entity

has been defined as one who owns, but

does not necessarily operate, 9 or fewer

aircraft. The relevant FAA criteria for ‘‘a

significant impact’’ are incremental cost

of $67,800 per year for a scheduled air

carrier with a fleet size of 60 seats or

fewer, and $121,300 for a scheduled air

carrier with a fleet size of more than 60

seats). (All monetary values are in 1994

dollars).
65948 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Final Regulatory Determination

The FAA identified 39 part 121

operators who operate 9 or fewer

aircraft. In addition, the FAA identified

another 9 operators who are split

certificate holders and operate under

both parts 121 and 135. For this analysis

the FAA determined that the split

certificate holders are currently

operating under the higher level of

safety required under the part 121

requirements. The FAA determined

that, on average, the crew on these

aircraft consist of one pilot-incommand, one second-in-command,

and three flight attendants. Also, these

operators will likely employ two crews

per airplane. The FAA determined that

in the first year (1996) two PICs, two

SICs, and six flight attendants will

receive initial training. In the next three

years (1997–1999), these crewmembers

will receive recurrent training. In the

fifth year (2000), there will be a turnover

in the crew: 1 PIC, 1 SIC, and 2 flight

attendants will be replaced by new

employees who will need initial

training. Over the following three years

(2001–2003), all crewmembers will

receive recurrent training. The next year

(2004), there will again be a turnover in

employees. And, in the final year

(2005), the crewmembers will receive

recurrent training. The discounted cost

over the ten-year period for the part 121

requirements will be about $15,800 per

aircraft, or about $2,250 annualized. An

operator owning nine airplanes will

incur an annualized cost of about

$20,252. Thus, a part 121 operator will

be able to own at least nine aircraft and

remain below the annualized cost

threshold of $67,800 for small

scheduled operators. The FAA has also

determined that part 121 CRM training

costs will not impose a significant

burden on a substantial number of large

scheduled part 121 operators which

have a higher threshold of $110,100.

The FAA identified twenty part 135

scheduled operators that own 9 or fewer

aircraft (which require two pilots or

have 10 or more passenger seats). The

discounted cost for part 135 flight crew

upgrade and CRM training will be about

$53,332, or about $7,593 annualized. Of

this amount, CRM training accounts for

about $15,362 discounted, or about

$2,187 annualized, and flight crew

upgrade training accounts for $37,970

discounted, or about $5,406 annualized.

This estimate is based on an average of

two crews per aircraft with each crew

consisting of a PIC, a SIC, and two flight

attendants. This estimate includes

initial training and recurrent training

over the ten year period. Training costs

for large scheduled part 135 operators

with 9 airplanes (9×$7,593=$68,337)

will not exceed the threshold for these

operators ($121,300). However, training

costs for small scheduled part 135

operators with more than 8 aircraft will

exceed the threshold cost

(8×$7,593=$60,744). FAA data show

that only one of the 20 affected small

part 135 operators operate nine aircraft.

As this number is less than 11, it does

not meet the definition of a ‘‘substantial

number.’’ Therefore, the FAA has

determined that the rule will not have

a significant economic impact on a

substantial number of small part 135

operators.

International Trade Impact Statement

The FAA has determined that this

rule will not constitute barriers to

international trade, including the export

of U.S. goods and services to foreign

countries and the import of foreign

goods and services into the United

States.

Federalism Implications

These regulations do not have

substantial direct effects on the states,

on the relationship between the national

government and the states, or on the

distribution of power and

responsibilities among various levels of

government. Thus, in accordance with

Executive Order 12612, it is determined

that such a regulation does not have

federalism implications warranting the

preparation of a Federalism Assessment.

Paperwork Reduction Act

The reporting and recordkeeping

requirement associated with this rule

was approved by the Office of

Management and Budget (OMB) in

accordance with 44 U.S.C. Chapter 35;

there are no changes associated with the

paperwork burden of this rule.

Therefore, the burden associated with

this rule stands cleared under OMB

control number 2120–0591.

Conclusion

For the reasons set forth under the

heading ‘‘Regulatory Analysis,’’ the

FAA has determined that this

regulation: (1) Is a significant rule under

Executive Order 12866; and (2) is a

significant rule under Department of

Transportation Regulatory Policies and

Procedures (44 FR 11034; February 26,

1979). Also, for the reasons stated under

the headings ‘‘Trade Impact Statement’’

and ‘‘Regulatory Flexibility

Determination,’’ the FAA certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities. A copy of the

full regulatory evaluation is filed in the

docket and may also be obtained by

contacting the person listed under FOR

FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 121

Air carriers, Aircraft, Airmen, Air

safety, Air transportation, Aviation

safety, Drug abuse, Drug testing,

Narcotics, Reporting and recordkeeping

requirements, Safety, Transportation.

14 CFR Part 135

Air carriers, Aircraft, Airmen, Air

taxis, Air transportation, Airworthiness,

Aviation safety, Reporting and

recordkeeping requirements, Safety.

The Amendment

The Federal Aviation Administration

amends parts 121 and 135 of the Federal

Aviation Regulations [14 CFR parts 121

and 135] as follows:

PART 121—CERTIFICATION AND

OPERATIONS; DOMESTIC, FLAG, AND

SUPPLEMENTAL AIR CARRIERS AND

COMMERCIAL OPERATORS OF

LARGE AIRCRAFT

1. The authority citation for Part 121

is revised to read as follows:

Authority: 49 U.S.C. 106(g), 40101, 40105,

40113, 44701–44702, and 44704–44705.

2. Section 121.135(b)(15) is revised to

read as follows:

§ 121.135 Contents.

* * * * *

(b) * * *

(15) Each training program

curriculum required by § 121.403.

* * * * *

3. Section 121.404 is revised to read

as follows:

§ 121.404 Compliance dates: Crew and

dispatcher resource management training.

After March 19, 1998, no certificate

holder may use a person as a flight

crewmember, and after March 19, 1999,

no certificate holder may use a person

as a flight attendant or aircraft

dispatcher unless that person has

completed approved crew resource

management (CRM) or dispatcher

resource management (DRM) initial

training, as applicable, with that

certificate holder or with another

certificate holder.

4. Section 121.405 is amended by

adding new paragraphs (f) and (g) to

read as follows:

§ 121.405 Training program and revision:

Initial and final approval.

* * * * *

(f) Each certificate holder described in

§ 135.3 (b) and (c) of this chapter must

include the material required by
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65949

§ 121.403 in the manual required by

§ 135.21 of this chapter.

(g) The Administrator may grant a

deviation to certificate holders

described in § 135.3 (b) and (c) of this

chapter to allow reduced programmed

hours of ground training required by

§ 121.419 if it is found that a reduction

is warranted based on the certificate

holder’s operations and the complexity

of the make, model, and series of the

aircraft used.

5. Section 121.406 is added as

follows:

§ 121.406 Reduction of CRM/DRM

programmed hours based on credit for

previous CRM/DRM training.

(a) For flightcrew members, the

Administrator may credit CRM training

received before March 19, 1998 toward

all or part of the initial ground CRM

training required by § 121.419.

(b) For flight attendants, the

Administrator may credit CRM training

received before March 19, 1999 toward

all or part of the initial ground CRM

training required by § 121.421.

(c) For aircraft dispatchers, the

Administrator may credit CRM training

received before March 19, 1999 toward

all or part of the initial ground CRM

training required by § 121.422.

(d) In granting credit for initial ground

CRM or DRM training, the

Administrator considers training aids,

devices, methods, and procedures used

by the certificate holder in a voluntary

CRM or DRM program or in an AQP

program that effectively meets the

quality of an approved CRM or DRM

initial ground training program under

section 121.419, 121.421, or 121.422 as

appropriate.

6. Section 121.419 is amended by

revising paragraph (a)(1)(vii),

redesignating paragraph (a)(1)(viii) as

paragraph (a)(1)(ix), and adding a new

paragraph (a)(1)(viii), to read as follows:

§ 121.419 Pilots and flight engineers:

Initial, transition, and upgrade ground

training.

(a) * * *

(1) * * *

(viii) Visual cues prior to and during

descent below DH or MDA;

(viii) Approved crew resource

management initial training; and

* * * * *

7. Section 121.421 (a)(1) is revised to

read as follows:

§ 121.421 Flight attendants: Initial and

transition ground training.

(a) * * *

(1) General subjects—

(i) The authority of the pilot in

command;

(ii) Passenger handling, including the

procedures to be followed in the case of

deranged persons or other persons

whose conduct might jeopardize safety;

and

(iii) Approved crew resource

management initial training.

* * * * *

8. Section 121.422 is amended by

revising paragraphs (a)(1)(vii) and

(a)(1)(viii), and by adding a new

paragraph (a)(1)(ix) to read as follows:

§ 121.422 Aircraft dispatchers: Initial and

transition ground training.

(a) * * *

(1) * * *

(vii) Prevailing weather phenomena

and the available sources of weather

information;

(viii) Air traffic control and

instrument approach procedures; and

(ix) Approved dispatcher resource

management (DRM) initial training.

* * * * *

9. Section 121.427 is amended by

adding a new paragraph (b)(4):

§ 121.427 Recurrent training.

* * * * *

(b) * * *

(4) Approved recurrent CRM training.

For flight crewmembers, this training or

portions thereof may be accomplished

during an approved simulator line

operational flight training (LOFT)

session. The recurrent CRM training

requirement does not apply until a

person has completed the applicable

initial CRM training required by

§§ 121.419, 121.421, or 121.422.

* * * * *

10. Section 121.431(a) is revised to

read as follows:

§ 121.431 Applicability.

(a) This subpart prescribes

crewmember qualifications for all

certificate holders except where

otherwise specified. The qualification

requirements of this subpart also apply

to each certificate holder that conducts

commuter operations under part 135 of

this chapter with airplanes for which

two pilots are required by the aircraft

type certification rules of this chapter,

or with airplanes having a passenger

seating configuration, excluding any

pilot seat, of 10 seats or more. The

Administrator may authorize any other

certificate holder that conducts

operations under part 135 to comply

with the training and qualification

requirements of this subpart instead of

subparts E, G, and H of part 135 of this

chapter, except that these certificate

holders may choose to comply with the

operating experience requirements of

§ 135.244 of this chapter, instead of the

requirements of § 121.434.

* * * * *

PART 135—AIR TAXI OPERATORS

AND COMMERCIAL OPERATORS

11. The authority citation for Part 135

is revised to read as follows:

Authority: 49 U.S.C. 106(g), 1153, 40101,

40105, 44113, 44701–44705, 44707–44717,

44722, and 45303.

12. Section 135.3 is revised to read as

follows:

§ 135.3 Rules applicable to operations

subject to this part.

(a) Each person operating an aircraft

in operations under this part shall—

(1) While operating inside the United

States, comply with the applicable rules

of this chapter; and

(2) While operating outside the

United States, comply with Annex 2,

Rules of the Air, to the Convention on

International Civil Aviation or the

regulations of any foreign country,

whichever applies, and with any rules

of parts 61 and 91 of this chapter and

this part that are more restrictive than

that Annex or those regulations and that

can be complied with without violating

that Annex or those regulations. Annex

2 is incorporated by reference in

§ 91.703(b) of this chapter.

(b) After March 19, 1997, each

certificate holder that conducts

commuter operations under this part

with airplanes in which two pilots are

required by the type certification rules

of this chapter, or with airplanes having

a passenger seating configuration,

excluding any pilot seat, of 10 seats or

more, shall comply with subparts N and

O of part 121 instead of the

requirements of subparts E, G, and H of

this part. Each affected certificate holder

must submit to the Administrator and

obtain approval of a transition plan

(containing a calendar of events) for

moving from its present part 135

training, checking, testing, and

qualification requirements to the

requirements of part 121 of this chapter.

Each transition plan must be submitted

by March 19, 1996, and must contain

details on how the certificate holder

plans to be in compliance with subparts

N and O of part 121 on or before March

19, 1997.

(c) If authorized by the Administrator

upon application, each certificate holder

that conducts operations under this part

to which paragraph (b) of this section

does not apply, may comply with the

applicable sections of subparts N and O

of part 121 instead of the requirements

of subparts E, G, and H of this part,

except that those authorized certificate
65950 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

holders may choose to comply with the

operating experience requirements of

§ 135.244, instead of the requirements of

§ 121.434 of this chapter.

13. Section 135.12 is added:

§ 135.12 Previously trained crewmembers.

A certificate holder may use a

crewmember who received the

certificate holder’s training in

accordance with subparts E, G, and H of

this part before March 19, 1997 without

complying with initial training and

qualification requirements of subparts N

and O of part 121 of this chapter. The

crewmember must comply with the

applicable recurrent training

requirements of part 121 of this chapter.

§ 135.241 [Amended]

14. Section 135.241 is amended by

revising ‘‘This’’ to read ‘‘Except as

provided in § 135.3, this’’.

§ 135.291 [Amended]

15. Section 135.291 is amended by

revising ‘‘This’’ to read ‘‘Except as

provided in § 135.3, this’’.

§ 135.321 [Amended]

16. Section 135.321 is amended by

revising ‘‘This’’ to read ‘‘Except as

provided in § 135.3, this’’.

Issued in Washington, DC on December 8,

1995.

David R. Hinson,

Administrator.

[FR Doc. 95–30449 Filed 12–14–95; 8:45 am]

BILLING CODE 4910–13–M