30734 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No. 28471; Amendment No. 121–

257, 135–64]

RIN 2120–AF08

Training and Qualification

Requirements for Check Airmen and

Flight Instructors

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule; opportunity for

comment.

SUMMARY: Some experienced pilots who

would otherwise qualify as flight

instructors or check airmen but who are

not medically eligible to hold the

requisite medical certificates, cannot

perform flight instructor or check

airmen functions even in simulators.

This rule establishes separate

requirements for check airmen who

check only in flight simulators and

flight instructors who instruct only in

flight simulators. To ensure an

equivalent level of safety, the affected

check airmen and flight instructors must

accomplish the following: Recency of

experience requirements; completion of

an approved line observation program

within each 12-month period; and

required training, including recurrent

ground and flight training. Additionally,

this rule allows check airman and flight

instructors to obtain all of their flight

training in simulators, as opposed to the

current scheme in which initial and

transition flight training must include

an in-flight element.

EFFECTIVE DATE: This final rule is

effective June 17, 1996. See below in the

‘‘Modifications’’ section for the

justification for making this rule

effective on June 17, 1996 and for a

discussion about 9-month compliance

dates for two new requirements.

Affected parties do not have to comply

with the information collection

requirements in §§ 121.411(d),

121.412(d), 135.337 (d), and 135.338(d)

until the Federal Aviation

Administration publishes in the Federal

Register the control number assigned by

the Office of Management and Budget

(OBM) to these information collection

requirements. Publication of the control

number notifies the public that OMB

has approved these information

requirements under the Paperwork

Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT:

Tom Toula, Air Carrier Training Branch,

(AFS–210), Flight Standards Service,

Federal Aviation Administration, 800

Independence Avenue SW.,

Washington, DC 20519, Telephone (202)

267–3718.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

Any person may obtain a copy of this

final rule by submitting a request to the

Federal Aviation Administration, Office

of Rulemaking, ARM–1, 800

Independence Avenue, SW.,

Washington, DC 20591, or by calling

(202) 267–9677. Communications must

identify the notice number of this final

rule.

Persons interested in being placed on

the mailing list for future rules should

request from the above office a copy of

Advisory Circular No. 11–2A which

describes the application procedure.

Background

The requirements for training,

checking, and qualification of check

airmen and flight instructors who

perform training and checking for

certificate holders operating under Title

14 of the Code of Federal Regulations

parts 121 and 135 appear in §§ 121.411

and 135.337 (check airman and flight

instructor qualification) and §§ 121.413

and 135.339 (check airman and flight

instructor training and checking).

When parts 121 and 135 were

implemented, the primary means of

training was in an aircraft. Therefore

there was a requirement for check

airmen and flight instructors to hold

appropriate medical certificates. Even

after flight simulators came into use in

the late 1970s, check airmen and flight

instructors were likely to use both

aircraft and flight simulators. Despite

significant changes in methods of

training, particularly an increased use of

flight simulation in training, the

sections of parts 121 and 135 mentioned

above have not been significantly

revised in over 20 years. These sections

still focus primarily on check airmen

and flight instructors who perform their

functions in airplanes.

Today, flight simulators and flight

training devices are so sophisticated

that they are used to conduct most

training and checking with significant

benefits to safety. Training and checking

in simulators and flight training devices

have distinct advantages over training

and checking in flight. Flight simulators

provide a safe flight training

environment, more comprehensive

training, and may reduce the number of

training and in-service accidents by

allowing training for emergency

situations that cannot be safely

conducted in flight. The use of flight

simulators and flight training devices in

lieu of aircraft has resulted in a

reduction in air traffic congestion,

energy use, noise, air pollution and

training costs.

Some experienced pilots who would

otherwise qualify as flight instructors or

check airmen but who are not medically

eligible to hold the requisite medical

certificates, cannot perform check

airmen functions or many flight

instructor functions even in simulators.

Thus the regulations do not establish

separate categories of requirements for

check airmen who check only in flight

simulators or for flight instructors who

instruct only in flight simulators. A

number of highly experienced airmen

who might serve as flight instructors or

check airmen, including former military

pilots, former air carrier pilots, and

furloughed pilots, as well as other

experienced pilots, currently are unable

to perform those training and checking

functions because they are unable to

hold an airman medical certificate.

This rule allows experienced check

airmen and flight instructors who are

not able to hold a current medical

certificate to check or instruct in flight

simulators and flight training devices.

Under this rule, affected check airmen

and flight instructors must meet similar

requirements that a pilot flying the line

is required to meet, such as initial

training, proficiency checks, and

competency checks and could use flight

simulators to meet these similar

requirements. This rule also addresses

check airmen in aircraft, check airmen

in flight simulators or flight training

devices, flight instructors in aircraft,

and flight instructors in flight

simulators or flight training devices.

The Air Carrier Training Working

Group of the Aviation Rulemaking

Advisory Committee (ARAC)

recommended that the FAA amend its

regulations so that airmen who were not

eligible to hold medical certificates

would nonetheless be eligible to instruct

or check pilots and other airmen in

simulators. On July 16, 1992, ARAC

forwarded draft rule language for the

FAA to review. The FAA used ARAC’s

draft as the basis for developing this

rule.

Discussion of the Rule

This rule revises the following

sections of parts 121 and 135:

§§ 121.411, 121.413, 135.337, and

135.339; it adds the following four new

sections: §§ 121.412, 121.414, 135.338,

and 135.340.

The most significant changes between

the current and new rules are as follows:

(1) The categories of check airman

(simulator) and flight instructor
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30735

(simulator) are defined with separate

requirements for each.

(2) The following requirements for

flights instructors and check airmen

who only perform check airmen and

instructor functions in flight simulators

and flight training devices are deleted:

• The requirement to hold at least a

Class III medical certificate, in current

§ 121.411(a)(6).

• The requirement to hold a Class I,

II, or III medical certificate, in current

§ 135.337(a).

(3) A flight instructor (simulator) or

check airman (simulator) is required to

meet recency of experience

requirements, in the 12-month period

preceding the performance of flight

instruction or check airman functions,

by flying two flight segments as a

required crewmember for the type

aircraft involved, if medically qualified

and certificated, or by completing an

approved line-observation program.

(4) Training requirements for check

airmen and flight instructors who serve

in training programs under parts 121

and 135 are in §§ 121.413, 121.414,

135.339, and 135.340. This rule changes

these requirements in the following

ways:

• A new requirement is imposed for

check airmen and flight instructors in

that they must satisfactorily complete,

within the preceding 24 calendar

months, an observation check of their

check airman or flight instructor

functions. This check may be

accomplished in a flight simulator or in

a flight training device as appropriate.

• Flight instructors are required to

have much of the same ground training

requirements as check airmen. As a

practical matter, ground training for

flight instructors and check airmen are

the same; however, the current rules are

not specific in this area. This change

ensures that flight instructors and check

airmen receive the same ground

training.

• Currently, initial and transitional

flight training for check airmen and

flight instructors who perform their

functions in-flight requires in-flight

training and practice. This rule allows

this training to take place in simulators

or in flight training devices.

These changes allow certain

experienced pilots who are unable to

meet current medical certificate

requirements to be able to check and

instruct, but only in flight simulator and

flight training devices. To allow this

flexibility while maintaining safety, this

rule requires flight instructors

(simulator) and check airmen

(simulator) to meet recency of

experience requirements, take

observation checks of their check

airmen/instructor abilities once every 2

years, complete the required recurrent

training necessary to serve as a pilot-incommand under parts 121 and 135 or a

flight engineer or flight navigator under

part 121, and complete required

proficiency or competency checks. A

detailed section-by-section description

of the rule follows.

Section-by-Section Analysis

Section 121.411 Qualifications: Check

airmen (airplane) and check airmen

(simulator).

Current § 121.411(a)(1) requires that a

flight instructor or check airman who

serves in a training program under part

121, for the particular airplane type

involved, hold the airman certificates

and ratings that must be held in order

to serve as a pilot in command (PIC), a

flight engineer, or a flight navigator, as

appropriate, in operations under part

121. Current § 121.411 (a)(6) requires

that a check airman or flight instructor

who serves in a training program under

part 121 must hold at least a Class III

medical certificate. Under current

§ 121.411(b)(1) a simulator instructor,

instructing for a course of training in an

airplace simulator as provided in

§ 121.409(b), must hold an airline

transport pilot (ATP) certificate but

need not hold an airman medical

certificate if only giving proficiency

checks as specified in § 121.441 and

§ 121.409(b). Under the current rules, if

a simulator instructor is providing

instruction for anything other than a

proficiency check (e.g., upgrade

training), then he or she must have a

medical certificate. (See current

§ 121.411(a).)

Section 121.411 is revised to change

the applicability from check airmen and

flight instructors to check airmen

(airplane) and check airmen (simulator).

Flight instructors are covered under

new § 121.412. New paragraph (a) of

§ 121.411 states that a check airman

(airplane) is a person who is qualified

and permitted to conduct flight checks

and instruction in an airplane, in a

flight simulator, or in a flight training

device for a particular type airplane. A

check airman (simulator) is a person

who is qualified to conduct flight

checks only in a flight simulator or in

a flight training device for a particular

type aircraft.

New paragraph (b) contains the

eligibility requirements to serve as a

check airman (airplane). With some

editorial revisions and an additional

requirement to satisfy the recency of

experience requirement of § 121.439, the

eligibility requirements remain the same

as the current requirements. The

recency provision is added to ensure

equivalent recency of experience for

those check airmen who may not be

flying line operations.

New paragraph (c) of § 121.411

establishes the eligibility requirements

for check airmen (simulator). These

requirements are the same as those for

check airmen (airplane) in paragraph (b)

with two exceptions. There is no

requirement to hold a Class III medical

certificate and the recency of experience

requirements of § 121.411(b)(6) are not

required of part 121 check airmen

(simulator). Check airmen (simulator)

instead are allowed to meet proposed

recency of experience requirements in

new paragraph (f), discussed later in

this section. Because check airmen

(airplane) are able to perform their

functions in an airplane as a required

flightcrew member, they may meet

recency of experience requirements

either in an airplane or in a qualified

simulator. In addition, current

§ 121.411(c), which grants training relief

to check airmen, flight instructors, and

simulator instructors who were

designated before December 22, 1969, is

deleted since the FAA believes that this

provision is obsolete.

New paragraph (d) is added to clarify

that the completion of the requirements

of (b)(2),(3), and (4) or (c)(2),(3), and (4),

whichever is applicable, must be

entered into the operator’s records for

each individual check airman.

New paragraph (e) is added to restate

the portion of current § 121.411(a)(6)

allowing airmen who have passed their

60th birthday or who do not hold a

medical certificate to perform check

airmen functions, but, under this

paragraph, these airmen may not serve

as crewmembers under part 121

operations.

New paragraph (f) is added to offer an

alternate method for maintaining

recency of experience requirements for

check airmen (simulator). Under this

rule, check airmen (simulator) must,

within the 12-month period preceding

the performance of check airman duties,

either fly two segments as a required

crewmember for the type airplane or

satisfactorily complete an approved

line-observation program.

New paragraph (g) is added to provide

that the recency of experience

requirements of paragraph (f) may be

completed in the calendar month before

or the calendar month after the month

in which it is due.

Section 121.412 Qualifications: Flight

instructors (airplane) and flight

instructors (simulator).

The requirements for this section are

virtually identical to those in § 121.411
30736 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

for check airmen. Additionally, this

section specifies that an individual who

does not hold a medical certificate may

not function as a flight instructor in an

airplane.

Section 121.413 Initial and transition

training and checking requirements:

Check airmen (airplane) and check

airmen (simulator)

Paragraph (a)(1) maintains the current

requirement that, in order to serve as a

check airman, a person must have

completed initial or transition check

airman training. Additionally,

paragraph (a)(2) requires an observation

check of check airman functions within

the preceding 24 calendar months. The

observation check may be done in part

or in full in an airplane, in a flight

simulator, or in a flight training device

as appropriate. An FAA inspector or an

aircrew designated examiner employed

by the operator may administer this

observation check. The FAA believes

that the observation check requirement

better ensures that check airmen

maintain their qualifications and their

abilities to perform all other duties as

appropriate for check airmen.

In paragraph (b) the observation check

requirement of paragraph (a)(2) could be

accomplished in the month before or the

month after the month in which it is

due.

Paragraph (c) of this section covers

initial ground training requirements for

check airmen. Most of the requirements

are in current paragraphs (a)(1) through

(a)(6) of § 121.413; however, some

editorial revisions have been made.

Paragraph (d) covers transition ground

training for check airmen. This

paragraph separates transition ground

training requirements from initial

ground training requirements, but

imposes no new requirements since

transition and ground training are

currently required in § 121.413 (a)(6).

Paragraph (e) is added to cover initial

and transition flight training for pilot

check airmen (airplane), flight engineer

check airmen (airplane), and flight

navigator check airmen (airplane).

Paragraph (e) contains requirements

equivalent to those contained in current

§ 121.413(c) and (d), but places greater

emphasis on the safety issues required

during checking that takes place under

actual flight. Additionally, it broadens

the scope of current § 121.413(c) to

include flight engineers (airplane) and

flight navigators (airplane). The FAA

believes that the flight engineer

(airplane) and flight navigator (airplane)

safety functions are as important to the

safe conduct of a flight as that of the

check airman (airplane).

Paragraph (f) is added to allow all the

flight training provisions of paragraph

(e) to be accomplished in full or in part

in flight, in flight simulators, or flight

training devices as appropriate. Because

of technological advances in simulation,

the FAA believes that the requirements

in current § 121.413(c)(1) may be

conducted in a simulator. Current

paragraph (c) allows the initial and

transition flight training in safety

measures for emergency situations

(current paragraph (c)(2)) and the results

of improper or untimely safety measures

(current paragraph (c)(3)) to be

accomplished in an approved flight

simulator, but requires the training

requirements of current paragraph (c)(1)

to be conducted in flight. In the new

rule, the requirements of current

paragraph (c)(1) are to be codified in

§ 121.413(e)(3); however, under new

paragraph (f), those requirements need

not be accomplished in flight. Those

requirements can be accomplished in

flight, in a flight simulator, or in a flight

training device. The FAA believes that

this is appropriate because of the proven

effectiveness of flight simulator training.

Flight training devices can be used to

fulfill the training requirements for the

same reasons.

Paragraph (g) is added to establish

initial and transition flight training for

check airmen (simulator). The

requirements include training and

practice in the required normal,

abnormal, and emergency procedures

and training in the operation of flight

simulators or flight training devices.

Under this paragraph, the training may

be conducted in flight training devices

or flight simulators as appropriate. The

requirements are necessary to establish

flight training requirements specifically

for check airmen (simulator) who are

qualified to conduct flight checks or

instruction only in a flight simulator or

in a flight training device.

Section 121.414 Initial and transition

training and checking requirements:

Flight instructors (airplane) and flight

instructors (simulator)

The requirements for this section are

identical to the provisions in § 121.413

except that the terms and references

apply to flight instructors. The required

observation check is an observation

check of instructor functions, and

includes the current requirement for

training in teaching methods and

procedures except for the holders of a

flight instructor certificate.

Section 135.337 Qualifications: Check

airmen (aircraft) and check airmen

(simulator)

Section 135.337(a)(1) currently

requires that a flight instructor or check

airman serving in a training program

under part 135, for the particular aircraft

type involved, must hold the airman

certificate and ratings that must be held

to serve as a PIC in operations under

part 135. Section 135.337(a)(5) currently

requires that such a flight instructor or

check airman hold a Class I or Class II

medical certificate required to serve as

a PIC in operations under part 135.

Under current § 135.337(a)(7), a check

airman who serves in an aircraft

simulator only must hold a Class III

medical certificate. Section 135.337(b)

currently requires that a person who

serves as a simulator instructor for a

course of training in an aircraft

simulator must hold at least a

commercial pilot certificate.

This rule changes the applicability of

this section from check airmen and

flight instructors to check airmen

(aircraft) and check airmen (simulator).

Flight instructors are covered under

new § 135.338. Paragraph (a) of

§ 135.337 states that a check airman

(aircraft) is a person who is qualified

and permitted to conduct flight checks

and instruction in an airplane, in a

flight simulator, or in a flight training

device for a particular type, class, or

category aircraft. A check airman

(simulator) is qualified to conduct flight

checks only in a flight simulator or in

a flight training device for a particular

type, class, or category aircraft.

Paragraph (b) contains the eligibility

requirements to serve as a check airman

(aircraft). With some editorial revisions

and an additional requirement to satisfy

the recency of experience requirement

of § 135.247, the eligibility requirements

remain the same as current

requirements. The recency provision is

added to ensure equivalent recency of

experience for those check airmen who

may not be flying line operations.

Paragraph (c) of § 135.337 is added to

establish the eligibility requirements for

check airmen (simulator). These

requirements are the same as those for

check airmen (aircraft) paragraph (b)

with two exceptions. There is no

requirement to hold a medical

certificate and the recency of experience

requirements of new § 135.337(b)(3) are

not required of part 135 check airmen

(simulator). Check airmen (simulator)

instead are allowed to meet the recency

of experience requirements of paragraph

(f), discussed later in this section.

Paragraph (d) is added to clarify that

the completion of the requirements of
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30737

(b)(2), (3), and (4) or (c)(2), (3), (4),

whichever is applicable, must be

entered into the individual check

airmen’s training record.

Paragraph (e) is added to clarify that

an airmen who does not hold a medical

certificate may perform check airmen

functions, but may not serve as a

crewmember under part 135 operations.

Paragraph (f) is added to offer an

alternate method for maintaining

recency of experience requirements for

check airmen (simulator). Check airmen

(simulator) must, within the 12-month

period preceding the performance of

check airman duties, either fly two

segments as a required crewmember for

the type, class, or category aircraft or

satisfactorily complete an approved

line-observation program.

Paragraph (g) is added to provide that

the recency of experience requirements

of paragraph (f) may be completed in the

calendar month before or in the

calendar month after the month in

which it is due.

Section 135.338 Qualifications: Flight

instructors (aircraft) and flight

instructors (simulator)

The requirements for this section are

virtually identical to those in § 135.337

for check airmen. Additionally, this

section clarifies that an individual who

does not hold a medical certificate may

not function as a flight instructor in an

aircraft.

Section 135.339 Initial and transition

training and checking requirements:

Check airmen (aircraft) and check

airmen (simulator)

Paragraph (a)(1) continues the current

requirement that, in order to serve as a

check airman, a person must have

completed initial or transition check

airman training. Additionally,

paragraph (a)(2) requires an observation

check of check airman functions within

the preceding 24 calendar months. The

observation check may be done in part

or in full in an airplane, flight simulator,

or flight training device as appropriate.

An FAA inspector or an aircrew

designated examiner employed by the

operator may administer the observation

check. The FAA believes that the

observation check requirement better

ensures that check airmen maintain

their qualifications and their abilities to

perform all other duties as appropriate

for check airmen.

In paragraph (b) the observation check

requirement of paragraph (a)(2) may be

accomplished in the month before or the

month after the month in which it is

due.

Paragraph (c) of this section covers

initial ground training requirements for

check airmen. Most of the requirements

are in current paragraphs (a)(1) through

(a)(6) of § 135.339. Some editorial

revisions are made in this rule.

Paragraph (d) is added to cover

transition ground training for check

airmen. This paragraph separates

transition ground training requirements

from initial ground training

requirements, but imposes no new

requirements since transition and

ground training are currently required

in § 135.339(a)(6).

Paragraph (e) is added to cover initial

and transition flight training for pilot

check airmen (aircraft). Paragraph (e)

contains requirements equivalent to

those contained in current § 135.339(c),

but places greater emphasis on the

safety issues required during checking

that would take place under actual

flight.

Paragraph (f) is added to allow all the

flight training provisions of paragraph

(e) to be accomplished in full or in part

in flight, in flight simulators, or in flight

training devices as appropriate. This

makes the requirements in current

§ 135.339(c)(1) less burdensome.

Current § 135.339(c) allows the initial

and transition flight training in safety

measures for emergency situations

(current paragraph (c)(2)) and the results

of improper or untimely safety measures

(current paragraph (c)(3)) to be

accomplished in an approved flight

simulator, but requires the training

requirements of (c)(1) to be conducted

in flight. In the new rule, the

requirements of current (c)(1) are to be

codified in § 135.339(e); however, under

new paragraph (f), those requirements

need not be accomplished in flight.

Those requirements can be

accomplished in flight, in a flight

simulator, or in a flight training device.

The FAA believes that this is

appropriate because of the proven

effectiveness of flight simulator training.

Flight training devices also can be used

to fulfill the training requirements for

the same reasons.

Paragraph (g) is added to establish

initial and transition flight training for

check airmen (simulator). The

requirements include training and

practice in the required normal,

abnormal, and emergency procedures

and training in the operation of flight

simulators or flight training devices.

Under this paragraph, the training may

be conducted in flight training devices

or flight simulators as appropriate. The

requirements are necessary to establish

flight training requirements specifically

for check airmen (simulator) who are

qualified to conduct flight checks or

instruction only in a flight simulator or

in a flight training device.

Section 135.340 Initial and transition

training and checking requirements:

Flight instructors (aircraft) and flight

instructors (simulator).

The requirements of this section are

identical to the provisions of § 135.339

except that the terms and references

apply to flight instructors. The required

observation check is an observation

check of instructor functions, and

paragraph (c)(7) is added to include the

current requirement for training in

teaching methods and procedures

except for the holders of a flight

instructor certificate.

Discussion of Comments

On February 22, 1996, the FAA

published notice proposing to allow

experienced check airmen and flight

instructors who are not able to hold a

current medical certificate to check or

instruct in flight simulators and flight

training devices (61 FR 6903). Eleven

commenters responded to the proposal.

Commenters from FlightSafety

International, the National Air

Transportation Association, Executive

Air Fleet, Inc., Million Air, and

McDonnell Douglas support this final

rule. Commenters from Petroleum

Helicopters, Inc., (PHI), the Allied Pilots

Association (APA), the Air Line Pilots

Association (ALPA), the Air Transport

Association (ATA), Federal Express

(FedEx), and Kitty Hawk AirCargo, Inc.,

(KHAI) made several recommendations,

discussed and responded to below.

PHI

PHI states that it generally supports

the proposal to change § 135.339(a)(2) to

require an observation check of check

airmen functions within the preceding

24 calendar months. However, it

requests that a statement be added to the

rule language that would further clarify

who may conduct this observation

check other than an FAA inspector. It

suggests that this check should be

allowed to be conducted by other

‘‘designated check airmen.’’

PHI also generally supports proposed

§ 135.340 which requires flight

instructors to have the same training as

check airmen. It suggests adding

language to the rule, however, to enable

operators to designate limited instructor

capability for the purpose of training

specific modules, for example,

navigation equipment, air data

computers, or other specialized

equipment or operations.

FAA Response: The FAA agrees, in

part, with PHI’s comment regarding

clarification of who, other than an FAA

inspector, may conduct an observation

check. To clarify this matter, the FAA
30738 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

has changed ‘‘aircrew designated

examiner’’ to ‘‘aircrew designated

examiner employed by the operator’’

under §§ 121.413(a)(2) and

135.339(a)(2). This clarifies that such

examiners are associated with a

particular operator. The FAA does not

recognize the term ‘‘designated check

airmen’’ as suggested by the commenter.

The FAA does not agree that check

airmen should conduct observation

checks of other check airmen. The FAA

has determined that such authority

should be exercised only by FAA

inspectors or an FAA designated

aircrew examiner employed by the

operator.

In reference to PHI’s comment

regarding proposed § 135.340, this rule

was not intended to create limited

categories of instructors. To create

categories of instructors with limited

authority is beyond the scope of the

NPRM.

APA

APA’s comments are described as

follows:

The proposal does not address any

experience requirements other than the

requirement to hold the appropriate

airmen certificates and ratings that are

required to serve as PIC for the type

aircraft involved. Check airmen under

the current regulations are usually

operationally experienced line pilots

who bring extensive line flying

background to the training environment.

Under the proposed rule, any individual

with the proposed airmen certificates

and ratings, with some classroom and

simulator training, could be a

designated check airman. In today’s cost

conscious training environment, with

extensive use of single visit training

cycles, the need to use operationally

experienced individuals as check

airmen is essential to maintain an

effective training environment and

operational evaluation standard.

Operational experience requirements

should include a defined number of PIC

hours in the type aircraft and regulatory

environment (i.e., part 121 or 135)

involved and/or prior qualification as a

former military, air carrier, or

furloughed pilot.

FAA Response: It is possible that,

under this rule, any individual with

airmen certificates and ratings, with the

appropriate classroom and simulator

training, could become a designated

check airman. Check airmen (simulator),

however, must accomplish the

following: Complete the operator’s

course of instruction (initial, transition,

or upgrade, as appropriate) to include

the proficiency check using company

procedures; regularly participate in an

approved line-observation program;

maintain recency of experience in the

simulator; and accomplish the normal

recurring training, line-oriented flight

training program, and periodic

proficiency checks required of a linequalified PIC. These requirements are

similar to those that line-qualified PIC’s

must meet. The FAA has determined

that certain simulators (Levels C and D)

are so advanced that experience gained

using these simulators, coupled with the

line observation (e.g. § 121.411(f)),

recurrency requirements (e.g.,

§ 121.411(c)(2)) and (3)), and

observation check (e.g., § 121.413(a)(2))

are adequate substitutes for actual flight

experience in order to be check airmen.

Further, the airman checked by the

check airman (simulator) must

accomplish operational experience (e.g.,

§ 121.434 (c)(1)(i) and (ii)) under the

supervision of a fully qualified PIC

check airman (airplane) occupying a

pilot station. Thus, even a check airman

(simulator’s) approval of an airman is

indirectly reviewed by a check airman

(airplane) during the acquisition of

operating experience.

APA also comments that, while the

preamble indicates that the recency of

experience requirements for check

airmen (simulator) and flight instructor

(simulator) can be met by flying two

flight segments as a required

crewmember for the aircraft type

involved, the proposed rule language of

§§ 121.411(f) and 135.337(f) states that

the recency of experience flying

requirements of two flight segments can

be accomplished in a simulator. APA

believes that recency of experience

requirements can be met only by

operational line flying. The

requirements for these flights should

include participation/observation in all

aspects of the flight, including flight

planning, preflight, and post flight

functions. ALPA echoed APA’s

comment regarding § 121.411(f) and

FedEx commented that, if proposed

§§ 121.411(f) and 121.412(f) are

adopted, then similar requirements in

appendix H should be deleted.

FAA Response: The FAA has revised

the preamble and also proposed

§§ 121.411(f), 121.412(f), 135.337(f), and

135.338(f) to clarify that recency of

experience requirements can be met

either in an airplane or in a simulator

(that is, by accomplishing two flight

segments or an approved lineobservation program). The FAA also has

revised all of these sections to clarify

the time period in which these flight

segments or line-observation programs

must be accomplished. For the reasons

stated in the FAA’s response to APA’s

comment above, all experience

requirements, both initial and recurrent,

can be met in an appropriately qualified

simulator.

APA also proposes that the new

requirement for check airmen and flight

instructors to complete an observation

check of their performance functions

within the preceding 24 months should

be increased in frequency to within the

preceding 12 months. Flightcrew

members are being evaluated at a

minimum of at least every 12 months.

ALPA echoes APA on this matter. In

line with the ‘‘one level of safety’’

concept, according to APA, the rule

ultimately adopted should be identical

for both part 121 and part 135 operators.

FAA Response: The evaluation

timeframe for check airmen and flight

instructors will not be less than that

required for the individuals they will

check or instruct. Check airmen and

flight instructors continue to be required

to complete appropriate proficiency and

competency checks at least once every

12 months. The new requirement that

check airmen and flight instructors be

observed in the performance of their

functions will serve to increase the

quality assurance of check airmen and

flight instructors.

ALPA

As discussed above, ALPA agrees

with APA that the observation checks

proposed under §§ 121.413(a)(2) and

121.414(a)(2) should be conducted

within 12, rather than 24, months.

ALPA and APA further agree that

121.411(f), as proposed, would require

the accomplishment of flying or line

observation in a flight simulator. The

FAA has responded to these comments

above under the discussion of APA’s

comments.

In addition, ALPA feels that line

observation should be required in the

airplane on a more frequent basis than

proposed. According to ALPA, the

requirement in §§ 121.411(f) and

121.412(f) for 12 months should be

changed to 3 months. Lastly, ALPA

indicates that its comments regarding

the proposed part 121 sections are also

valid for the proposed part 135 sections.

FAA Response: The FAA agrees that

any individual will maintain greater

line familiarity with more frequent line

observations. Current guidance

indicates that two line observations per

year are adequate to maintain line

familiarity. There is no evidence that

safety has been compromised using this

current guidance. The FAA believes that

annual proficiency or competency

checks, and the new 24-month

observation requirement coupled with

the new annual line observation

requirement, exceed the current
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30739

guidance of two line observations per

year.

The FAA acknowledges that ALPA’s

comments regarding pertinent part 121

sections are intended to apply to

parallel part 135 sections and has

responded appropriately. As discussed

above under APA’s comments, the FAA

has revised proposed §§ 121.411(f) and

121.412(f) to parallel proposed

§ 135.337(f).

ATA

ATA suggests that the preamble

language of proposed § 121.411(b)(6) be

made more clear. As drafted, it is

unclear to ATA whether the FAA

intends that the check airmen must

complete the three takeoffs and landings

in an airplane or whether a simulator

may be used to satisfy this requirement

as allowed under existing § 121.439.

FAA Response: Because check airmen

(airplane) are able to perform their

functions in an airplane as a required

flightcrew member, they may meet

recency of experience requirements

either in an airplane or in a qualified

simulator. However, if a check airman

(airplane) is a required flightcrew

member, actual in-flight recency

experience is required pursuant to

§ 121.439(c).

ATA also believes that proposed

§ 121.412(c)(1) contains a significant

change because it requires simulatoronly instructors to hold an ATP with a

type rating in the airplane in which they

will instruct. This change is not

explained in the preamble. In a second

set of comments which were filed after

the comment period closed, ATA stated

that many of its member airlines employ

hundreds of ‘‘simulator only’’

instructors who do not hold type ratings

on the airplane on which they instruct.

ATA feels that the impact of this rule

would be ‘‘severe’’ on its members.

Therefore, ATA recommends the

following:

—Allow current ‘‘simulator only’’

instructors to continue instructing

without a type rating but require a

type rating when an instructor is

trained on another airplane type;

—Allow sufficient time (i.e., 3 years) for

an operator’s instructor to obtain a

type rating and make it clear that a

medical certificate is not required to

take a flight test in a simulator; or

—Allow a ‘‘simulator only’’ instructor to

be issued a type rating upon

successful completion of the next

recurrent training so that additional

training would not have to be

provided in preparation for a type

rating flight test.

FAA Response: Current § 121.411(b)

references simulator instructors.

Simulator instructors were individuals

who could instruct flightcrew members

maintaining airplane qualification but

who were unable to instruct those

flightcrew members training under an

initial, upgrade, or transition training

program. These simulator instructors

were required to hold an ATP but not

a type rating in the type airplane in

which they instructed so long as they

were only giving proficiency

instruction. ATA states that simulator

instructors holding an ATP but not a

type rating for the airplane in which

they instructed could not obtain the

required type rating in a level C

simulator.

Under this final rule, simulator

instructors are included under the

category of flight instructors (simulator).

Flight instructors (simulator) are

required to obtain a type rating for the

airplane in which they instruct. Any

individual may use an approved

simulator to satisfy the practical test

requirements for an ATP and associated

type rating in accordance with current

§ 61.157(e). Those individuals who hold

an ATP but not the type rating in the

airplane in which they provide

proficiency instruction will have 9

months to come into compliance with

the new requirement by obtaining the

aircraft type rating. (See new

121.412(c)(1)). The new part 121 rule

recodifies the existing part 121

requirement that if a simulator

instructor is providing initial training,

upgrade training, or transitional

training, then he or she must have a

type rating for the aircraft. Because this

is a recodification of the part 121

existing requirement, ongoing

compliance is required. In other words,

any part 121 flight instructor (simulator)

who provides initial, upgrade, or

transitional training must continue to

have the appropriate type rating for the

aircraft involved. In contrast, current

§ 135.337(b) does not require that a

simulator instructor have the

appropriate type ratings. Therefore new

§ 135.338(c)(1) allows flight instructors

(simulator) 9 months to come into

compliance with the new type rating

requirements.

Despite ATA’s assertion, in its

untimely comment, that it would take

two of its members several years to type

rate all of their ‘‘simulator only’’

instructors, ATA did not provide any

data to support its claim (e.g., number

of persons affected, availability of

simulators, etc.) Furthermore, ATA

states in its April 19 comment that these

instructors have completed aircraft

qualification courses and recurrent

training. Thus, the time required for

these individuals to obtain type ratings

will be minimal.

FedEx and ATA

FedEx and ATA recommend deleting

current § 121.411(a)(6) and proposed

§§ 121.411(b)(5), 121.412(b)(5),

121.411(e) and 121.412(e). According to

these commenters, existing part 61 and

§ 121.383 adequately address medical

certificate and age requirements and the

FAA should merely reference these

existing requirements in the preamble of

this final rule. Regarding §§ 121.411(e)

and 121.412(e), the KHAI commenter

agrees with ATA and FedEx that these

sections should be deleted due to

redundancy with existing § 121.383.

ATA and FedEx further request that the

FAA make it clear that the requirement

for a Class III medical certificate in

§ 61.39 does not apply if the applicant

for a type rating uses a flight simulator.

FAA response: The FAA concurs with

ATA that proposed §§ 121.411(b)(5),

121.412(b)(5), 121.411(e) and 121.412(e)

may echo provisions contained

elsewhere in the regulations; however,

the intent of these proposed sections is

to clarify medical requirements for the

airplane and simulator categories of

check airmen and flight instructors.

The provisions of § 61.39, which

cover flight tests, do not apply to this

rulemaking. The medical requirement

provision of § 61.39(a)(3) was adopted to

ensure that applicants who would take

their flight tests in an aircraft hold

appropriate medical certificates. There

is no requirement for applicants to hold

a medical certificate for practical tests

conducted in a simulator. Section

61.157 provides for adding type ratings

to existing ATP’s. The addition of a type

rating is accomplished under § 61.157

by a practical test for which no medical

certificate is required.

KHAI

KHAI’s comments are described as

follows:

The recordkeeping requirements of

proposed § 121.411(c) and (d), requiring

that records for a check airman be

maintained as for any other pilot, are

redundant and not necessary unless the

check airman is not employed as a pilot

for the certificate holder.

FAA Response: The FAA agrees with

the commenter to the extent that check

airmen and flight instructors who are

line qualified flightcrew members for

the operator need not duplicate the

recordkeeping requirements of

§ 121.411. This final rule recognizes

check airmen and instructors who may

not be line qualified and requires such

individuals to maintain similar training
30740 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

records as those individuals who are

line qualified.

Further, according to KHAI, the

observation check requirement in

proposed § 121.413(a)(2) is burdensome.

Since it is now very difficult to schedule

an FAA inspector to conduct checks,

KHAI believes that this proposed

observation check requirement will add

an unnecessary burden of additional

tracking and scheduling and

accomplishes little in the way of

verifying the competency of a check

airmen.

FAA Response: The FAA places

importance on the role of check airmen

and flight instructors. The 24-month

observation is a new requirement and

will serve to increase the quality

assurance of check airmen and flight

instructors. This final rule permits

qualified aircrew designated examiners

employed by the operator to conduct the

observation. The addition of aircrew

designated examiners employed by the

operator to conduct the observation

check should relieve any unnecessary

burden for tracking and scheduling.

The commenter from KHAI states that

there is an apparent discrepancy in the

initial and transition training

requirements for flight instructors as

proposed in § 121.414 (c)(7) and for

check airmen as proposed in § 121.413

(c)(6).

FAA Response: Generally, before an

individual becomes a check airman,

those individuals are first qualified as

flight instructors. The training

requirements for flight instructors are

prerequisite to the training requirements

for check airmen.

KHAI comments that, unlike the new

§ 121.434 regulation, this regulation

does not specifically address line check

airmen.

FAA Response: This final rule

addresses check airmen as a broad

category. Other specific categories of

check airmen (i.e., line check airmen,

proficiency check airmen, etc.) also

were not mentioned. It was not the

intent of this rule to address specific

categories of check airmen beyond

check airmen (airplane) and check

airmen (simulator).

Lastly, KHAI states that, in the future,

more input is needed from part 121

operators before this type of rule is

issued, that comment periods should be

longer, and that a review of FAA Order

8400.10 should be conducted.

FAA Response: As indicated in the

preamble discussion above, the FAA

used draft rule language developed by

the Air Carrier Training Working Group

of ARAC as the basis for developing this

proposal. This working group was

comprised of many part 121 operators.

In allotting the 30-day comment

period, the FAA was responding to

requests for relief from the aviation

industry.

Because FAA Orders are guidance

material and not regulatory, they are

reviewed and updated to coincide with

regulatory requirements, when

warranted.

Modifications

The following modifications have

been made to the final rule:

—‘‘Aircrew designated examiner’’ has

been expanded to ‘‘aircrew designated

examiner employed by the operator’’

under proposed §§ 121.413(a)(2) and

135.339(a)(2), to further clarify who,

other than an FAA inspector, may

conduct an observation check.

—Proposed §§ 121.411(f), 121.412(f),

135.337(f), and 135.338(f) have been

revised to make them clear and

parallel. These proposed sections

contain the qualification requirements

for check airmen/simulator and check

airmen/airplane.

—Proposed paragraphs (f)(2)(i), (ii), and

(iii) have been withdrawn from the

qualifications sections for flight

instructors (simulator) and check

airmen (simulator)—§§ 121.411,

121.412, 135.337, and 135.338. The

FAA has decided to maintain the

existing regulatory scheme under

which operators can seek FAA

approval for line observation

programs. See Advisory Circular 120–

35 as amended.

—Proposed paragraphs (a)(2) of

§§ 121.413, 121.414, 135.339, and

135.340 (simulator) have been revised

to allow operators until March 1997 (9

months after the publication date of

this rule) to come into compliance

with the new requirement for

operators to conduct observation

checks of check airmen and flight

instructors once every 24 months.

—Proposed § 121.412(c)(1) has been

revised to give part 121 operators and

flight instructors (simulator) who

currently only provide proficiency

instruction, until March 1997 to

obtain a type rating if they do not

already have one.

—Proposed § 135.338(c)(1) has been

revised to give part 135 operators and

flight instructors (simulator) until

March 1997 to obtain a type rating for

the type, class, or category of aircraft

in which they instruct if they do not

already have one.

Although not in response to

comments, the FAA has also added the

word ‘‘pilot’’ in front of ‘‘flightcrew

members’’ under proposed paragraphs

(e) of §§ 121.411 and 121.412. This

clarification is necessary because

121.383(c) (the so-called ‘‘Age 60 rule’’)

only applies to pilot flightcrew

members.

With the above modifications being

incorporated, this rule is adopted as

proposed.

The FAA is making this rule effective

on the date of its publication in the

Federal Register pursuant to 5 U.S.C.

Sections 553(d)(1) and 553(d)(3).

Because this new rule eliminates certain

medical certification requirements, it

relieves a restriction that used to exist

and thus justifies an immediate change.

(See 5 U.S.C. Section 553(d)(1)).

Because much of the rest of these rules

are merely a recodification of longstanding rules, good cause exists for

making this recodification effective

immediately. (See 5 U.S.C. Section 553

(d)(3)). Although these rules are

effective immediately, the FAA is

allowing operators and other affected

individuals 9 months to come into

compliance with two new requirements:

the 24-month observation check and the

type rating requirements. (See earlier

discussion.)

Paperwork Reduction Act

As stated in the NPRM, the paperwork

burden associated with this rule is

negligible. The FAA estimated the

average burden hour per respondent at

15 seconds per individual every 2 years.

As discussed above under ‘‘Effective

Date,’’ OMB is reviewing the

information collection requirements

associated with this rule and will

publish a notice informing the public

when these information requirements

become effective.

International Civil Aviation

Organization and Joint Aviation

Regulations

In keeping with U.S. obligations

under the Convention on International

Civil Aviation, it is FAA policy to

comply with ICAO Standards and

Recommended Practices to the

maximum extent practicable. The FAA

is not aware of any differences that this

rule presents, nor were any differences

indicated in any of the comments

received.

Regulatory Evaluation Summary

Changes to Federal regulations must

undergo several economic analyses.

First, Executive Order 12866 directs

Federal agencies to promulgate new

regulations or modify existing

regulations only if the potential benefits

to society outweigh the potential costs.

Second, the Regulatory Flexibility Act

of 1980 requires agencies to analyze the

economic impact of regulatory changes
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30741

on small entities. Finally, the Office of

Management and Budget directs

agencies to assess the effects of

regulatory changes on international

trade. In conducting these analyses, the

FAA has determined that this rule is not

‘‘a significant regulatory action’’ as

defined in the Executive Order and the

Department of Transportation

Regulatory Policies and Procedures.

This rule will not have a significant

impact on a substantial number of small

entities and will have no impact on

international trade. These analyses,

available in the docket, are summarized

below.

Benefits and Costs

The requirements of this rule will not

impose any additional cost on air

carriers or other training entities

currently providing simulator training.

These additional requirements can be

incorporated into current industry

practice.

In the past, the FAA has issued

exemptions to air carriers and to

training entities (FlightSafety, Simuflite,

etc.), which permit them to use

simulators to conduct training and

checking for air carrier pilots. However,

the FAA imposed certain conditions

and limitations in these exemptions.

The Agency required that the check

airmen and instructors of these entities

hold the same airman certificates and

ratings and complete the same

proficiency checks as required to serve

as PIC in air carrier operations. In

addition, check airmen and flight

instructors that conduct Line-Oriented

Flight Training and Line Operational

Evaluation in simulators had to be line

qualified or line familiar and had to

participate in a line observation

program. This line observation program

has the same requirements as the one

that is being adopted for check airmen

(simulators) and flight instructors

(simulator). Therefore, this program will

not impose any additional burden on

the aviation industry.

In addition, current FAA policy, as

part of Flight Standards Work Program

Functions, requires aviation safety

inspectors to observe, at least once

annually, half of the check airmen and

instructors while they perform their

duties. A portion of the current

observation practice and policy is

incorporated into the Code of Federal

Regulations by this rulemaking. Since

the above policy and practice exceed the

requirements, this rulemaking will not

impose any additional burden on the

airline industry.

The rule affords cost savings to air

carriers by allowing them to hire

experienced pilots who are not able to

hold a current medical certificate to

check or instruct in flight simulators

and flight training devices if they satisfy

the above requirements. These pilots,

many of whom are retired, would

probably offer their services at lower

cost to the airlines than the full-time

pilots that currently are performing

these functions. Air carriers also will be

able to reduce disruption to their

operations by contracting with part-time

pilots to provide training and checking

services, thereby eliminating the need to

pull line pilots from their routine

duties. The rule also will reduce costs

to the industry because it allows all

initial and transition flight training for

check airmen and instructors to be

conducted in simulators or in flight

training devices as opposed to the

current in-flight requirement.

Accordingly, the FAA finds this rule to

be cost-beneficial because it does not

impose any additional costs on the

aviation industry and allows for less

costly training of future pilots.

Regulatory Flexibility Determination

The Regulatory Flexibility Act (RFA)

of 1980 was enacted by Congress to

ensure that small entities are not

unnecessarily or disproportionately

burdened by Government regulations.

The RFA requires a Regulatory

Flexibility Analysis if a rule is expected

to have a ‘‘significant (positive or

negative) economic impact on a

substantial number of small entities.’’

Based on the standards and thresholds

specified in implementing the FAA

Order 2100.14A, Regulatory Flexibility

Criteria and Guidance, the FAA has

determined that the rule will not have

a significant impact on a substantial

number of small entities.

International Trade Impact Assessment

This rule is expected to have neither

an adverse impact on the trade

opportunities for U.S. firms doing

business abroad nor on foreign firms

doing business in the United States. The

cost savings that would be realized from

the rule are not likely to be significant

enough to affect the competitive

position of domestic concerns vis-a-vis

foreign concerns.

Conclusion

For the reasons discussed in the

preamble, and based on the findings in

the Regulatory Flexibility Determination

and the International Trade Impact

Analysis, the FAA has determined that

this regulation is not significant under

Executive Order 12866. In addition, it is

certified that this rule will not have a

significant economic impact, positive or

negative, on a substantial number of

small entities under the criteria of the

Regulatory Flexibility Act. This rule is

not considered significant under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979).

List of Subjects

14 CFR Part 121

Air carriers, Aircraft, Airmen,

Aviation safety, Safety, Reporting and

recordkeeping requirements,

Transportation.

14 CFR Part 135

Air taxis, Aircraft, Airmen, Aviation

safety, Reporting and recordkeeping

requirements.

The Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR Parts 121 and 135 as

follows:

PART 121—OPERATING

REQUIREMENTS: DOMESTIC, FLAG,

AND SUPPLEMENTAL OPERATIONS

1. The authority citation for part 121

continues to read as follows:

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

44101, 44701–44702, and 44705, 44709–

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

44901–44904, 44912, 46105.

2. Section 121.411 is revised to read

as follows:

§ 121.411 Qualifications: Check airmen

(airplane) and check airmen (simulator).

(a) For the purposes of this section

and § 121.413:

(1) A check airman (airplane) is a

person who is qualified, and permitted,

to conduct flight checks or instruction

in an airplane, in a flight simulator, or

in a flight training device for a

particular type airplane.

(2) A check airman (simulator) is a

person who is qualified to conduct

flight checks or instruction, but only in

a flight simulator or in a flight training

device for a particular type airplane.

(3) Check airmen (airplane) and check

airmen (simulator) are those check

airmen who perform the functions

described in § 121.401(a)(4).

(b) No certificate holder may use a

person, nor may any person serve as a

check airman (airplane) in a training

program established under this subpart

unless, with respect to the airplane type

involved, that person—

(1) Holds the airman certificates and

ratings required to serve as a pilot in

command, a flight engineer, or a flight

navigator, as applicable, in operations

under this part;

(2) Has satisfactorily completed the

appropriate training phases for the
30742 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

airplane, including recurrent training,

that are required to serve as a pilot in

command, flight engineer, or flight

navigator, as applicable, in operations

under this part;

(3) Has satisfactorily completed the

appropriate proficiency or competency

checks that are required to serve as a

pilot in command, flight engineer, or

flight navigator, as applicable, in

operations under this part;

(4) Has satisfactorily completed the

applicable training requirements of

§ 121.413 including in-flight training

and practice for initial and transition

training;

(5) Holds at least a Class III medical

certificate unless serving as a required

crewmember, in which case holds a

Class I or Class II medical certificate as

appropriate;

(6) Has satisfied the recency of

experience requirements of § 121.439;

and

(7) Has been approved by the

Administrator for the check airman

duties involved.

(c) No certificate holder may use a

person nor may any person serve as a

check airman (simulator) in a training

program established under this subpart

unless, with respect to the airplane type

involved, that person meets the

provisions of paragraph (b) of this

section, or—

(1) Holds the airman certificates and

ratings, except medical certificate,

required to serve as a pilot in command,

a flight engineer, or a flight navigator, as

applicable, in operations under this

part;

(2) Has satisfactorily completed the

appropriate training phases for the

airplane, including recurrent training,

that are required to serve as a pilot in

command, flight engineer, or flight

navigator in operations under this part;

(3) Has satisfactorily completed the

appropriate proficiency or competency

checks that are required to serve as a

pilot in command, flight engineer, or

flight navigator in operations under this

part;

(4) Has satisfactorily completed the

applicable training requirements of

§ 121.413; and

(5) Has been approved by the

Administrator for the check airman

(simulator) duties involved.

(d) Completion of the requirements in

paragraphs (b) (2), (3), and (4) or (c) (2),

(3), and (4) of this section, as applicable,

shall be entered in the individual’s

training record maintained by the

certificate holder.

(e) Check airmen who have reached

their 60th birthday or who do not hold

an appropriate medical certificate may

function as check airmen, but may not

serve as pilot flightcrew members in

operations under this part.

(f) A check airman (simulator) must

accomplish the following—

(1) Fly at least two flight segments as

a required crewmember for the type

airplane involved within the 12-month

period preceding the performance of

any check airman duty in a flight

simulator; or

(2) Satisfactorily complete an

approved line-observation program

within the period prescribed by that

program and that must precede the

performance of any check airman duty

in a flight simulator.

(g) The flight segments or lineobservation program required in

paragraph (f) of this section are

considered to be completed in the

month required if completed in the

calendar month before or in the

calendar month after the month in

which it is due.

3. Section 121.412 is added to read as

follows:

§ 121.412 Qualifications: Flight instructors

(airplane) and flight instructors (simulator).

(a) For the purposes of this section

and § 121.412:

(1) A flight instructor (airplane) is a

person who is qualified to instruct in an

airplane, in a flight simulator, or in a

flight training device for a particular

type airplane.

(2) A flight instructor (simulator) is a

person who is qualified to instruct, but

only in a flight simulator, in a flight

training device, or both, for a particular

type airplane.

(3) Flight instructors (airplane) and

flight instructors (simulator) are those

instructors who perform the functions

described in § 121.401(a)(4).

(b) No certificate holder may use a

person nor may any person serve as a

flight instructor (airplane) in a training

program established under this subpart

unless, with respect to the airplane type

involved, that person—

(1) Holds the airman certificates and

rating required to serve as a pilot in

command, a flight engineer, or a flight

navigator, as applicable, in operations

under this part;

(2) Has satisfactorily completed the

appropriate training phases for the

airplane, including recurrent training,

that are required to serve as a pilot in

command, flight engineer, or flight

navigator, as applicable, in operations

under this part;

(3) Has satisfactorily completed the

appropriate proficiency or competency

checks that are required to serve as a

pilot in command, flight engineer, or

flight navigator, as applicable, in

operations under this part;

(4) Has satisfactorily completed the

applicable training requirements of

§ 121.414, including in-flight training

and practice for initial and transition

training;

(5) Holds at least a Class III medical

certificate unless serving as a required

crewmember, in which case holds a

Class I or a Class II medical certificate

as appropriate.

(6) Has satisfied the recency of

experience requirements of § 121.439.

(c) No certificate holder may use a

person, nor may any person service as

a flight instructor (simulator) in a

training program established under this

subpart, unless, with respect to the

airplane type involved, that person

meets the provisions of paragraph (b) of

this section, or—

(1) Holds the airman certificates and

ratings, except medical certificate,

required to serve as a pilot in command,

a flight engineer, or a flight navigator, as

applicable, in operations under this part

except before February 19, 1997 that

person need not hold a type rating for

the airplane type involved provided that

he or she only provides the instruction

described in §§ 121.409(b) and 121.441;

(2) Has satisfactorily completed the

appropriate training phases for the

airplane, including recurrent training,

that are required to serve as a pilot in

command, flight engineer, or flight

navigator, as applicable, in operations

under this part;

(3) Has satisfactorily completed the

appropriate proficiency or competency

checks that are required to serve as a

pilot in command, flight engineer, or

flight navigator, as applicable, in

operations under this part; and

(4) Has satisfactorily completed the

applicable training requirements of

§ 121.414.

(d) Completion of the requirements in

paragraphs (b) (2), (3), and (4) or (c) (2),

(3), and (4) of this section as applicable

shall be entered in the individual’s

training record maintained by the

certificate holder.

(e) Airmen who have reached their

60th birthday, or who do not hold an

appropriate medical certificate, may not

function as a flight instructor (airplane),

nor may they serve as pilot flightcrew

members in operations under this part.

(f) A flight instructor (simulator) must

accomplish the following—

(1) Fly at least two flight segments as

a required crewmember for the type of

airplane within the 12-month period

preceding the performance of any flight

instructor duty in a flight simulator (and

must hold a Class I or Class II medical

certificate as appropriate); or

(2) Satisfactorily complete an

approved line-observation program
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30743

within the period prescribed by that

program and that must precede the

performance of any check airman duty

in a flight simulator.

(g) The flight segments or lineobservation program required in

paragraph (f) of this section is

considered completed in the month

required if completed in the calendar

month before, or the calendar month

after the month in which it is due.

4. Section 121.413 is revised to read

as follows:

§ 121.413 Initial and transition training and

checking requirements: Check airmen

(airplane), check airmen (simulator).

(a) No certificate holder may use a

person nor may any person serve as a

check airman unless—

(1) That person has satisfactorily

completed initial or transition check

airman training; and

(2) Within the preceding 24 calendar

months that person satisfactorily

conducts a proficiency or competency

check under the observation of an FAA

inspector or an aircrew designated

examiner employed by the operator. The

observation check may be accomplished

in part or in full in an airplane, in a

flight simulator, or in a flight training

device. This paragraph applies after

February 19, 1997.

(b) The observation check required by

paragraph (a)(2) of this section is

considered to have been completed in

the month required if completed in the

calendar month before, or the calendar

month after, the month in which it is

due.

(c) The initial ground training for

check airmen must include the

following:

(1) Check airman duties, functions,

and responsibilities.

(2) The applicable Code of Federal

Regulations and the certificate holder’s

policies and procedures.

(3) The appropriate methods,

procedures, and techniques for

conducting the required checks.

(4) Proper evaluation of student

performance including the detection

of—

(i) Improper and insufficient training;

and

(ii) Personal characteristics of an

applicant that could adversely affect

safety.

(5) The appropriate corrective action

in the case of unsatisfactory checks.

(6) The approved methods,

procedures, and limitations for

performing the required normal,

abnormal, and emergency procedures in

the airplane.

(d) The transition ground training for

check airmen must include the

approved methods, procedures, and

limitations for performing the required

normal, abnormal, and emergency

procedures applicable to the airplane to

which the check airman is in

transaction.

(e) The initial and transition flight

training for pilot check airmen

(airplane), flight engineer check airmen

(airplane), and flight navigator check

airmen (airplane) must include the

following:

(1) The safety measures for emergency

situations that are likely to develop

during a check.

(2) The potential results of improper,

untimely, or non-execution of safety

measures during a check.

(3) For pilot check airman (airplane)—

(i) Training and practice in

conducting flight checks from the left

and right pilot seats in the required

normal, abnormal, and emergency

procedures to ensure competence to

conduct the pilot flight checks required

by this part; and

(ii) The safety measures to be taken

from either pilot seat for emergency

situations that are likely to develop

during a check.

(4) For flight engineer check airmen

(airplane) and flight navigator check

airmen (airplane), training to ensure

competence to perform assigned duties.

(f) The requirements of paragraph (e)

of this section may be accomplished in

full or in part in flight, in a flight

simulator, or in a flight training device,

as appropriate.

(g) The initial and transition flight

training for check airmen (simulator)

must include the following:

(1) Training and practice in

conducting flight checks in the required

normal, abnormal, and emergency

procedures to ensure competence to

conduct the flight checks required by

this part. This training and practice

must be accomplished in a flight

simulator or in a flight training device.

(2) Training in the operation of flight

simulators or flight training devices, or

both, to ensure competence to conduct

the flight checks required by this part.

5. Section 121.414 is added to read as

follows:

§ 121.414 Initial and transition training and

checking requirements: flight instructors

(airplane), flight instructors (simulator).

(a) No certificate holder may use a

person nor may any person serve as a

flight instructor unless—

(1) That person has satisfactorily

completed initial or transition flight

instructor training; and

(2) Within the preceding 24 calendar

months, that person satisfactorily

conducts instruction under the

observation of an FAA inspector, an

operator check airman, or an aircrew

designated examiner employed by the

operator. The observation check may be

accomplished in part or in full in an

airplane, in a flight simulator, or in a

flight training device. This paragraph

applies after February 19, 1997.

(b) The observation check required by

paragraph (a)(2) of this section is

considered to have been completed in

the month required if completed in the

calendar month before, or the calendar

month after, the month in which it is

due.

(c) The initial ground training for

flight instructors must include the

following:

(1) Flight instructor duties, functions,

and responsibilities.

(2) The applicable Code of Federal

Regulations and the certificate holder’s

policies and procedures.

(3) The appropriate methods,

procedures, and techniques for

conducting flight instruction.

(4) Proper evaluation of student

performance including the detection

of—

(i) Improper and insufficient training;

and

(ii) Personal characteristics of an

applicant that could adversely affect

safety.

(5) The corrective action in the case

of unsatisfactory training progress.

(6) The approved methods,

procedures, and limitations for

performing the required normal,

abnormal, and emergency procedures in

the airplane.

(7) Except for holders of a flight

instructor certificate—

(i) The fundamental principles of the

teaching-learning process;

(ii) Teaching methods and

procedures; and

(iii) The instructor-student

relationship.

(d) The transition ground training for

flight instructors must include the

approved methods, procedures, and

limitations for performing the required

normal, abnormal, and emergency

procedures applicable to the airplane to

which the flight instructor is in

transition.

(e) The initial and transition flight

training for flight instructors (airplane),

flight engineer instructors (airplane),

and flight navigator instructors

(airplane) must include the following:

(1) The safety measures for emergency

situations that are likely to develop

during instruction.

(2) The potential results of improper,

untimely, or non-execution of safety

measures during instruction.

(3) For pilot flight instructor

(airplane)—
30744 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

(i) In-flight training and practice in

conducting flight instruction from the

left and right pilot seats in the required

normal, abnormal, and emergency

procedures to ensure competence as an

instructor; and

(ii) The safety measures to be taken

from either pilot seat for emergency

situations that are likely to develop

during instruction.

(4) For flight engineer instructors

(airplane) and flight navigator

instructors (airplane), in-flight training

to ensure competence to perform

assigned duties.

(f) The requirements of paragraph (e)

of this section may be accomplished in

full or in part in flight, in a flight

simulator, or in a flight training device,

as appropriate.

(g) The initial and transition flight

training for flight instructors (simulator)

must include the following:

(1) Training and practice in the

required normal, abnormal, and

emergency procedures to ensure

competence to conduct the flight

instruction required by this part. This

training and practice must be

accomplished in full or in part in a

flight simulator or in a flight training

device.

(2) Training in the operation of flight

simulators or flight training devices, or

both, to ensure competence to conduct

the flight instruction required by this

part.

PART 135—OPERATING

REQUIREMENTS: COMMUTER AND

ON-DEMAND OPERATIONS.

6. The authority citation for part 135

continues to read as follows:

Authority: 49 U.S.C. 106(g), 44113, 44701–

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

44717, 44722.

7. Section 135.337 is revised to read

as follows:

§ 135.337 Qualifications: Check airmen

(aircraft) and check airmen (simulator).

(a) For the purposes of this section

and § 135.339:

(1) A check airman (aircraft) is a

person who is qualified to conduct

flight checks in an aircraft, in a flight

simulator, or in a flight training device

for a particular type aircraft.

(2) A check airman (simulator) is a

person who is qualified to conduct

flight checks, but only in a flight

simulator, in a flight training device, or

both, for a particular type aircraft.

(3) Check airmen (aircraft) and check

airmen (simulator) are those check

airmen who perform the functions

described in §§ 135.321 (a) and

135.323(a)(4) and (c).

(b) No certificate holder may use a

person, nor may any person serve as a

check airman (aircraft) in a training

program established under this subpart

unless, with respect to the aircraft type

involved, that person—

(1) Holds the airman certificates and

ratings required to serve as a pilot in

command in operations under this part;

(2) Has satisfactorily completed the

training phases for the aircraft,

including recurrent training, that are

required to serve as a pilot in command

in operations under this part;

(3) Has satisfactorily completed the

proficiency or competency checks that

are required to serve as a pilot in

command in operations under this part;

(4) Has satisfactorily completed the

applicable training requirements of

§ 135.339;

(5) Holds at least a Class III medical

certificate unless serving as a required

crewmember, in which case holds a

Class I or Class II medical certificate as

appropriate.

(6) Has satisfied the recency of

experience requirements of § 135.247;

and

(7) Has been approved by the

Administrator for the check airman

duties involved.

(c) No certificate holder may use a

person, nor may any person serve as a

check airman (simulator) in a training

program established under this subpart

unless, with respect to the aircraft type

involved, that person meets the

provisions of paragraph (b) of this

section, or—

(1) Holds the applicable airman

certificates and ratings, except medical

certificate, required to serve as a pilot in

command in operations under this part;

(2) Has satisfactorily completed the

appropriate training phases for the

aircraft, including recurrent training,

that are required to serve as a pilot in

command in operations under this part;

(3) Has satisfactorily completed the

appropriate proficiency or competency

checks that are required to serve as a

pilot in command in operations under

this part;

(4) Has satisfactorily completed the

applicable training requirements of

§ 135.339; and

(5) Has been approved by the

Administrator for the check airman

(simulator) duties involved.

(d) Completion of the requirements in

paragraphs (b) (2), (3), and (4) or (c) (2),

(3), and (4) of this section, as applicable,

shall be entered in the individual’s

training record maintained by the

certificate holder.

(e) Check airmen who do not hold an

appropriate medical certificate may

function as check airmen (simulator),

but may not serve as flightcrew

members in operations under this part.

(f) A check airman (simulator) must

accomplish the following—

(1) Fly at least two flight segments as

a required crewmember for the type,

class, or category aircraft involved

within the 12-month preceding the

performance of any check airman duty

in a flight simulator; or

(2) Satisfactorily complete an

approved line-observation program

within the period prescribed by that

program and that must precede the

performance of any check airman duty

in a flight simulator.

(g) The flight segments or lineobservation program required in

paragraph (f) of this section are

considered to be completed in the

month required if completed in the

calendar month before or the calender

month after the month in which they are

due.

8. Section 135.338 is added to read as

follows:

§ 135.338 Qualifications: Flight instructors

(aircraft) and flight instructors (simulator).

(a) For the purposes of this section

and § 135.340:

(1) A flight instructor (aircraft) is a

person who is qualified to instruct in an

aircraft, in a flight simulator, or in a

flight training device for a particular

type, class, or category aircraft.

(2) A flight instructor (simulator) is a

person who is qualified to instruct in a

flight simulator, in a flight training

device, or in both, for a particular type,

class, or category aircraft.

(3) Flight instructors (aircraft) and

flight instructors (simulator) are those

instructors who perform the functions

described in § 135.321(a) and 135.323

(a)(4) and (c).

(b) No certificate holder may use a

person, nor may any person serve as a

flight instructor (aircraft) in a training

program established under this subpart

unless, with respect to the type, class,

or category aircraft involved, that

person—

(1) Holds the airman certificates and

ratings required to serve as a pilot in

command in operations under this part;

(2) Has satisfactorily completed the

training phases for the aircraft,

including recurrent training, that are

required to serve as a pilot in command

in operations under this part;

(3) Has satisfactorily completed the

proficiency or competency checks that

are required to serve as a pilot in

command in operations under this part;

(4) Has satisfactorily completed the

applicable training requirements of

§ 135.340;

(5) Holds at least a Class III medical

certificate; and
Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30745

(6) Has satisfied the recency of

experience requirements of § 135.247.

(c) No certificate holder may use a

person, nor may any person serve as a

flight instructor (simulator) in a training

program established under this subpart,

unless, with respect to the type, class,

or category aircraft involved, that person

meets the provisions of paragraph (b) of

this section, or—

(1) Holds the airman certificates and

ratings, except medical certificate,

required to serve as a pilot in command

in operations under this part except

before February 19, 1997 that person

need not hold a type rating for the type,

class, or category of aircraft involved.

(2) Has satisfactorily completed the

appropriate training phases for the

aircraft, including recurrent training,

that are required to serve as a pilot in

command in operations under this part;

(3) Has satisfactorily completed the

appropriate proficiency or competency

checks that are required to serve as a

pilot in command in operations under

this part; and

(4) Has satisfactorily completed the

applicable training requirements of

§ 135.340.

(d) Completion of the requirements in

paragraphs (b) (2), (3), and (4) or (c) (2),

(3), and (4) of this section, as applicable,

shall be entered in the individual’s

training record maintained by the

certificate holder.

(e) An airman who does not hold a

medical certificate may function as a

flight instructor in an aircraft if

functioning as a non-required

crewmember, but may not serve as a

flightcrew member in operations under

this part.

(f) A flight instructor (simulator) must

accomplish the following—

(1) Fly at least two flight segments as

a required crewmember for the type,

class, or category aircraft involved

within the 12-month period preceding

the performance of any flight instructor

duty in a flight simulator; or

(2) Satisfactorily complete an

approved line-observation program

within the period prescribed by that

program and that must precede the

performance of any check airman duty

in a flight simulator.

(g) The flight segments or lineobservation program required in

paragraph (f) of this section are

considered completed in the month

required if completed in the calendar

month before, or in the calendar month

after, the month in which they are due.

9. Section 135.339 is added to read as

follows:

§ 135.339 Initial and transition training and

checking: Check airmen (aircraft), check

airmen (simulator).

(a) No certificate holder may use a

person nor may any person serve as a

check airman unless—

(1) That person has satisfactorily

completed initial or transition check

airman training; and

(2) Within the preceding 24 calendar

months, that person satisfactorily

conducts a proficiency or competency

check under the observation of an FAA

inspector or an aircrew designated

examiner employed by the operator. The

observation check may be accomplished

in part or in full in an aircraft, in a flight

simulator, or in a flight training device.

This paragraph applies after February

19, 1997.

(b) The observation check required by

paragraph (a)(2) of this section is

considered to have been completed in

the month required if completed in the

calendar month before or the calendar

month after the month in which it is

due.

(c) The initial ground training for

check airmen must include the

following:

(1) Check airman duties, functions,

and responsibilities.

(2) The applicable Code of Federal

Regulations and the certificate holder’s

policies and procedures.

(3) The applicable methods,

procedures, and techniques for

conducting the required checks.

(4) Proper evaluation of student

performance including the detection

of—

(i) Improper and insufficient training;

and

(ii) Personal characteristics of an

applicant that could adversely affect

safety.

(5) The corrective action in the case

of unsatisfactory checks.

(6) The approved methods,

procedures, and limitations for

performing the required normal,

abnormal, and emergency procedures in

the aircraft.

(d) The transition ground training for

check airmen must include the

approved methods, procedures, and

limitations for performing the required

normal, abnormal, and emergency

procedures applicable to the aircraft to

which the check airman is in transition.

(e) The initial and transition flight

training for check airmen (aircraft) must

include the following—

(1) The safety measures for emergency

situations that are likely to develop

during a check;

(2) The potential results of improper,

untimely, or nonexecution of safety

measures during a check;

(3) Training and practice in

conducting flight checks from the left

and right pilot seats in the required

normal, abnormal, and emergency

procedures to ensure competence to

conduct the pilot flight checks required

by this part; and

(4) The safety measures to be taken

from either pilot seat for emergency

situations that are likely to develop

during checking.

(f) The requirements of paragraph (e)

of this section may be accomplished in

full or in part in flight, in a flight

simulator, or in a flight training device,

as appropriate.

(g) The initial and transition flight

training for check airmen (simulator)

must include the following:

(1) Training and practice in

conducting flight checks in the required

normal, abnormal, and emergency

procedures to ensure competence to

conduct the flight checks required by

this part. This training and practice

must be accomplished in a flight

simulator or in a flight training device.

(2) Training in the operation of flight

simulators, flight training devices, or

both, to ensure competence to conduct

the flight checks required by this part.

10. Section 135.340 is added to read

as follows:

§ 135.340 Initial and transition training and

checking: Flight instructors (aircraft), flight

instructors (simulator).

(a) No certificate holder may use a

person nor may any person serve as a

flight instructor unless—

(1) That person has satisfactorily

completed initial or transition flight

instructor training; and

(2) Within the preceding 24 calendar

months, that person satisfactorily

conducts instruction under the

observation of an FAA inspector, as

operator check airman, or an aircrew

designated examiner employed by the

operator. The observation check may be

accomplished in part or in full in an

aircraft, in a flight simulator, or in a

flight training device. This paragraph

applies after February 19, 1997.

(b) The observation check required by

paragraph (a)(2) of this section is

considered to have been completed in

the month required if completed in the

calendar month before, or the calendar

month after, the month in which it is

due.

(c) The initial ground training for

flight instructors must include the

following:

(1) Flight instructor duties, functions,

and responsibilities.

(2) The applicable Code of Federal

Regulations and the certificate holder’s

policies and procedures.
30746 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

(3) The applicable methods,

procedures, and techniques for

conducting flight instruction.

(4) Proper evaluation of student

performance including the detection

of—

(i) Improper and insufficient training;

and

(ii) Personal characteristics of an

applicant that could adversely affect

safety.

(5) The corrective action in the case

of unsatisfactory training progress.

(6) The approved methods,

procedures, and limitations for

performing the required normal,

abnormal, and emergency procedures in

the aircraft.

(7) Except for holders of a flight

instructor certificate—

(i) The fundamental principles of the

teaching-learning process;

(ii) Teaching methods and

procedures; and

(iii) The instructor-student

relationship.

(d) The transition ground training for

flight instructors must include the

approved methods, procedures, and

limitations for performing the required

normal, abnormal, and emergency

procedures applicable to the type, class,

or category aircraft to which the flight

instructor is in transition.

(e) The initial and transition flight

training for flight instructors (aircraft)

must include the following—

(1) The safety measures for emergency

situations that are likely to develop

during instruction;

(2) The potential results of improper

or untimely safety measures during

instruction;

(3) Training and practice from the left

and right pilot seats in the required

normal, abnormal, and emergency

maneuvers to ensure competence to

conduct the flight instruction required

by this part; and

(4) The safety measures to be taken

from either the left or right pilot seat for

emergency situations that are likely to

develop during instruction.

(f) The requirements of paragraph (e)

of this section may be accomplished in

full or in part in flight, in a flight

simulator, or in a flight training device,

as appropriate.

(g) The initial and transition flight

training for a flight instructor

(simulator) must include the following:

(1) Training and practice in the

required normal, abnormal, and

emergency procedures to ensure

competence to conduct the flight

instruction required by this part. These

maneuvers and procedures must be

accomplished in full or in part in a

flight simulator or in a flight training

device.

(2) Training in the operation of flight

simulators, flight training devices, or

both, to ensure competence to conduct

the flight instruction required by this

part.

Issued in Washington, D.C., on May 30,

1996.

David R. Hinson,

Administrator.

[FR Doc. 96–14084 Filed 6–14–96; 8:45 am]

BILLING CODE 4910–13–M