34508 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

1This task force was later subsumed by the Air

Transportation Personnel Training and

Qualifications Advisory Committee, established by

FAA Order 1110.115, May 2, 1990. Today it

continues to function as an issues area by the same

name under the Aviation Rulemaking Advisory

Committee.

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 61, 91, 121, 125, 135,

141, 142

[Docket No. 26933; Amendment No. 1–45,

61–100, 91–251, 121–259, 125–27, 135–63,

141–7, 142; SFAR–58–2]

RIN 2120–AA83

Aircraft Flight Simulator Use in Pilot

Training, Testing, and Checking and at

Training Centers

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This final rule implements

new regulations that contain

certification and operating rules for

training centers that will use aircraft

flight simulators and flight training

devices for pilot training, testing, and

checking. This rule will increase the use

of flight simulators and flight training

devices by permitting their use for most

airman certification training, testing,

and checking tasks. This use of

simulation for training, testing, and

checking is more liberal than that

currently permitted under the Federal

Aviation Regulations. The training

center concept will provide a common

source for standardized, quality training

accessible to any individual or corporate

operator and air carriers. This action is

consistent with a state-of-the-art training

concept and recognizes industry

recommendations for the expanded use

of sophisticated flight simulation. The

new rule also adds regulations regarding

Category III instrument landing system

operations.

EFFECTIVE DATE: This final rule is

effective August 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Warren Robbins, Airman Certification

Branch, (AFS–840), General Aviation

and Commercial Division, Flight

Standards Service, Federal Aviation

Administration, 800 Independence

Avenue SW., Washington, DC 20591,

Telephone (202) 267–8196.

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

Flight simulation technology has

shown enormous advancement during

the past 30 years. The Federal Aviation

Administration (FAA) has permitted

greater use of aircraft flight simulators

and flight training devices in training,

testing, and checking airmen. The

increased complexity and operating

costs of the modern turbine-powered

aircraft and the current operating

environment have created an even

greater need for the use of flight

simulators and flight training devices. In

many cases, flight simulators have

proven to provide more in-depth

training than can be accomplished in

the aircraft. The use of flight simulators

and flight training devices in lieu of

aircraft has resulted in a reduction in air

traffic congestion, noise and air

pollution, and training costs. The

increased use of flight simulators is also

consistent with the national policy for

fuel conservation.

Flight simulators provide a safe flight

training environment. They may reduce

the number of training accidents by

allowing training for emergency

situations, such as fire, total loss of

thrust, and systems failures, that cannot

be safely conducted in flight. The FAA

has traditionally recognized the value of

flight simulation and has awarded credit

for the completion of certain required

training, testing, and checking by use of

simulation.

The first aircraft flight simulators

approved by the FAA were relatively

unsophisticated and were authorized for

only a limited number of maneuvers

and procedures. As flight simulator

technology developed, the FAA

expanded the use of flight simulators

but still required students to perform a

number of maneuvers in an aircraft.

Among these were takeoffs, landings,

taxiing, and some approaches.

In Amendment No. 121–55 (35 FR 84;

January 3, 1970), the FAA revised parts

61 and 121 to authorize the use of flight

simulators and flight training devices

for airman training, testing, and

checking. This use applied only to part

121 air carriers.

In Amendment No. 61–60 (38 FR

3156; February 1, 1973), the FAA

authorized the § 61.58 proficiency check

for the pilot of an aircraft requiring more

than one pilot to be accomplished in its

entirety either in an airplane or in a

flight simulator or flight training device.

In alternating 12-month periods, the

proficiency check consists of maneuvers

and procedures that may be performed

in a flight simulator or flight training

device as set forth in appendix F of part

121.

Subsequently, the FAA issued

Amendments 61–62 and 121–108 (38 FR

35443; December 28, 1973), effective

December 19, 1973. These amendments,

in part, revised parts 61 and 121 by

authorizing certain maneuvers and

procedures of the pilot-in-command

proficiency check to be performed in an

approved visual flight simulator, if the

pilot being checked accomplished two

landings in an airplane of the same type.

The FAA issued Amendments 61–69

and 121–161 (45 FR 44176; June 30,

1980), effective July 30, 1980, that

further expanded the use of advanced

flight simulators for air carriers.

Amendments 61–69 and 121–161

formed the basis of the Advanced

Simulation Plan, which included Phase

I, II, IIA, and III flight simulators (part

121, appendix H).

Since the infancy of simulation

training, the training roles of several

elements of the aviation community

have expanded, most notably those of

part 121 and part 135 certificate holders

providing training for other certificate

holders. Also, aircraft manufacturers are

providing more simulation training now

than they did in the past. This

expansion has led to an ever-increasing

need to issue exemptions.

In June 1988, the FAA received from

a joint industry/FAA task force 1 several

recommendations on the expanded use

of flight simulators in new and

innovative training programs. The

recommendations included (1)

Establishing a training center certificate

for a separate training entity certificated

to conduct training, testing, and

checking under 14 Code of Federal

Aviation Regulations parts 61, 63, 91,

121, 125, 135, and 141; (2) centralizing

an approval process for course programs

and check airmen at the national level,

with local approvals only for specialty

(local or unique) courses; and (3)

expanding and standardizing the use of

flight simulators and flight training

devices, while at the same time

providing relief from certain provisions

of part 121, appendix H. The task force

recommended single point oversight of

a certificate by the FAA (instead of

separate Flight Standards District

Offices (FSDO’s) approving centers in
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34509

their geographic areas), defining training

center recordkeeping requirements, and

providing relief from the medical

certificate requirements for instructors

and check airmen conducting training

in only flight simulators and flight

training devices. The task force

submitted aircraft manufacturer

recommendations as an addendum

recommending that a manufacturer’s

training center provide the initial

operating experience (IOE) for air

carriers.

In April 1989, this task force

examined the role of training centers

that provide training, testing, and

checking for air carrier and general

aviation pursuant to contracts,

particularly training using flight

simulators and flight training devices.

This task force, which was comprised of

aviation representatives from special

interest groups, aircraft manufacturers,

air carriers, university flight

departments, and training centers such

as SimuFlite, FlightSafety International,

and Northwest Aerospace Training

Corporation, examined flight simulation

instructor and evaluator issues,

including prerequisites; initial and

recurrent training; requirements for

current medical certificates; necessary

in-flight experience; training center

issues such as recordkeeping, facilities,

and equipment; and the training

program approval process.

The formal recommendations of this

task force were forwarded to the FAA in

October 1989. Essentially, the task force

recommended that the FAA standardize

the use of flight simulators and flight

training devices, provide a means to

certificate entities called training

centers, and permit the training centers

to apply for national approval of core

curriculums that could be used by

individuals receiving training under

parts 61, 121, 125, and 135. Following

receipt of the recommendations, the

FAA appointed an internal working

group to consider the recommendations.

The FAA working group concurred

with most of the recommendations of

the task force and recommended that

the FAA undertake a rulemaking project

that would include the concept of a

certificated training center.

Related Activity

Several other FAA rulemaking

projects address some of the same

sections of 14 Code of Federal

Regulations (14 CFR) that are revised in

this rule; however, this rulemaking

addresses those sections as they relate to

the use of simulation.

Special Federal Aviation Regulation

(SFAR) No. 58, ‘‘Advanced

Qualification Program,’’ (Amendment

61–88, effective October 2, 1990, 55 FR

40262) allows air carriers conducting

training and testing under part 121 or

part 135 to develop innovative

approaches to training. Most AQP

training programs will involve the use

of simulation.

Three projects, listed below, are final

rules that the FAA expects to issue

soon:

‘‘Pilot, Flight Instructor, Ground

Instructor, and Pilot Certification

Rules,’’ proposed on August 11, 1995

[60 FR 41160], revises parts 61, 141, and

143.

‘‘Training and Qualifications

Requirements for Check Airmen and

Flight Instructors,’’ proposed on

February 22, 1996 [61 FR 6898], changes

certain provisions of §§ 121.411,

121.413, 135.337, and 135.339.

‘‘Part 121; Appendix H, Advanced

Simulation Plan Revisions,’’ proposed

on February 14, 1995 [60 FR 8490],

updates and revises appendix H of part

121.

Discussion of the Amendments and the

New Rule

General

This final rule addresses the

following: (1) The creation of a new part

142 that contains certification rules and

operating rules for training centers; (2)

an expanded use of, and credit for,

training, testing, and checking

conducted in flight simulators and flight

training devices in accordance with

approved programs conducted at

training centers to satisfy all or some of

the requirements of SFAR 58, part 61,

part 121, part 125, or part 135; and (3)

new rules pertaining to Category III

authorizations.

The advantage of the training center

concept is that it is a common source for

standardized, quality training, testing,

and checking accessible to any

individual, operator, and air carriers.

Program approval will be standardized

through national guidance, which

should prove especially helpful for

training centers operating in different

FAA regions. The rules applicable to

training centers apply nationwide, and

training programs, except specialty

training courses, are subject to approval

by local FAA offices only after detailed

review for compliance with national

guidance. A key concept in the proposal

is standardization of certain elements of

training programs, notably: the extent of

the use of simulation, the prerequisites

for the use of simulation for specific

tasks, and simulation instructor and

evaluator qualifications.

The FAA proposed a national office to

ensure standardization in simulation

training. Several commenters supported

the proposal to create a national office

for standardization purposes. The FAA

has decided not to create a national

office at this time, however. In the

present economic environment,

government is increasingly exploring

alternative methods of accomplishing

many of its missions. Additionally, the

FAA subscribes to the concept of

decentralization of government to make

it more responsive to the users, and

accomplishing the objectives of this

rulemaking without a national office is

consistent with the precept of

government decentralization. The FAA

is convinced that it can attain and

maintain the concept of standardization

of simulation training by means more

economical than creating a national

office.

Detailed guidance will be provided to

FAA inspectors and potential training

center certificate applicants in the form

of handbooks, advisory circulars, and

FAA orders. The Flight Standards

Service will appoint an ad hoc group of

several persons from within existing

resources with experience in subjects

related to simulation training centers.

The ad hoc group will process the initial

certificate applications, training

specifications, and curriculum

approvals. It will ensure that those

approvals are standardized nationally

and that they represent a smooth

transition of existing training programs

to the new training regulations.

The Flight Standards Service also will

train all its inspectors on features of part

142 training centers. It will provide

detailed training to those inspectors

who will have training center oversight

responsibilities and to Principal

Operations Inspectors (POI’s) of air

carrier certificate holders that may use

a training center.

After the steps outlined above are

accomplished and the initial workload

of certificate applications is completed,

the ad hoc group will be dissolved, and

approval of training center certificate

applications and oversight of training

centers will be decentralized in

accordance with existing FAA structure

and management practices.

This rule does not take away any of

the uses for flight training devices

currently allowed by 14 CFR, and will

have no adverse impact on the airmen

who use flight simulation. Providers of

flight simulation training, testing, and

checking under part 142 will come

under new regulatory controls that will

enhance the use of qualified flight

simulation in approved training

programs. The changes are consistent

with a state-of-the-art training concept,

and they recognize industry
34510 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

recommendations for the expanded use

of sophisticated flight simulation. The

FAA has determined that, if a student

has prerequisite experience, a qualified

flight simulator or flight training device

used in an approved training program

will provide for an effective transfer of

skills to the actual aircraft.

In this rule, the FAA implements the

joint industry/FAA task force

recommendations concerning training

centers by using an operational concept

that requires a training center to obtain

a certificate plus a training specification

(similar to an operating specification for

part 121 and part 135 operators). This

approach will add flexibility to

accommodate changing conditions

without changing the certificate itself.

Part 142 allows training centers that

do not hold a part 121 or part 135

operating certificate to use approved

flight simulators and approved flight

training devices for airman training,

testing, and checking. This rule also

changes certain sections of parts 61,

121, 125, and 135 to provide a

mechanism for crediting training,

testing, and checking in flight

simulators toward some of the

aeronautical experience, testing, and

checking requirements of 14 CFR. Part

121 and part 135 certificate holders will

continue to train personnel under those

parts; however, those certificate holders

will be required to acquire a part 142

training certificate in order to conduct

training, testing, and checking for

persons not subject to those parts.

The authority to issue pilot

certificates and the provisions

permitting certain training, testing, and

checking in a flight simulator or flight

training device, rather than in an

aircraft, remains in part 61.

Part 142 regulates training center

certification and operation to ensure

that qualified flight simulators or flight

training devices are used in conjunction

with approved courses and curricula.

The benefits of completing a course of

standardized instruction in a structured

training environment, and in a

timeframe that allows for a buildingblock approach to learning, has been

recognized and is reflected in the part

141 flight experience prerequisites for

pilot certificates. Thus, part 141 flight

experience requirements were used as

the basis for many of the part 142 initial

requirements.

Part 141 Pilot Schools

Pilot schools certificated under part

141 may continue to operate as they do

now. Certification of new pilot schools

will also continue under part 141. A

part 141 pilot school wishing to use a

Level A through Level D flight simulator

for more than the hours currently

allowed in a pilot ground trainer as

described in § 141.41(a)(1), however,

will have to become certificated under

part 142. (See Advisory Circular (AC)

120–40, Airplane Simulator

Qualification, as amended, for the

current descriptions of levels of flight

simulators).

This rule does not include an increase

in credits for use of simulators except in

the structured environment created by

part 142, or as may be individually

approved for an air carrier. Part 141

pilot schools that desire to undertake

training by use of more sophisticated

simulation, in addition to training

accomplished by aircraft and flight

training devices, may become training

centers certificated under part 142. They

would apply for certification and course

approval under part 142 in the same

manner as other applicants.

Advanced Qualification Program (AQP)

This final rule has minimal impact on

AQP. It provides the administrative

structure for presentation of AQP to any

group other than aircrews subject to a

part 121 or part 135 approved training

program who might receive the AQP

training exclusively from their

employing certificate holder. All AQP

approval criteria, application

procedures, instructor qualifications,

recordkeeping, and data collection

procedures, among others, remain as

they are described in SFAR 58 or its

superseding rules.

This final rule changes the definition

of a training center that appears in

SFAR 58 to make it compatible with

that term as used in part 142; provides

that trainers other than part 121 or part

135 certificate holders presenting an

approved AQP to their aircrew

employees will have to do so under a

part 142 certificate; and allows persons

other than part 121 or part 135

certificate holders to present training

under AQP if that training is approved

in accordance with SFAR 58.

Specific relationships between

training center certificate holders and

holders of AQP authorizations, and of

training center certificate holders who

become holders of AQP authorizations,

are discussed in the section of this

document entitled ‘‘Section-by-Section

Summary of the Comments’’ which

follows.

Terms

In response to comments, the FAA

has either added or revised terms to

expand and clarify the final rule. Each

modification of a term or word is

discussed in the ‘‘Section-by-Section

Summary of the Comments.’’ A

summary of the important new terms

and words is provided below.

Flight Simulator

Section 61.2 defines a flight

simulator. In the past, the terms

‘‘simulator’’ and ‘‘training device’’ have

created confusion, so they are more

clearly defined under this section. As

defined, the terms make clear those

devices that are not considered a flight

simulator or a flight training device for

purposes of this part.

In this final rule, a flight simulator is

defined as a full-sized replica of a

specific type or make, model, and series

aircraft cockpit, including the

equipment and programs necessary to

represent the aircraft in ground and

flight operations. As defined, a flight

simulator also includes a force cueing

(motion) system providing cues at least

equivalent to a three-degree of freedom

motion system. A flight simulator is a

device that is approved by the

Administrator for uses that may lead to

credit for aeronautical experience,

required training, testing, or checking.

Devices such as airborne ILS

simulators, ground trainers, instrument

trainers, and flight trainers are not

considered flight simulators or flight

training devices under this part unless

specifically evaluated and approved as

such by the Administrator.

Flight Training Device

In several sections in this rule, flight

training devices are listed with aircraft

and flight simulators as permitted flight

training equipment for various training,

testing, or checking tasks of pilots,

although no flight training device may

exist for some tasks. The FAA intends

to allow the possibility of approving

flight training devices for training,

testing, and checking a wide variety of

tasks to allow and encourage the

development of flight training devices

in the future. By permitting the

possibility of a wide variety of uses for

flight training devices, which are

generally less expensive than flight

simulators, the FAA hopes to encourage

the growth of simulation.

Section 61.2 defines a flight training

device as a replica of an aircraft’s

instruments, equipment, panels, and

controls that is located in an open flight

deck area or in an enclosed aircraft

cockpit. This definition includes the

equipment and programs necessary to

represent the aircraft in ground

operations and flight conditions. As

defined, a flight training device is not

required to have a force cueing or visual

system. However, like a flight simulator,

a flight training device is a device that

requires approval by the Administrator
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34511

for all uses that may lead to credit for

aeronautical experience, required

training, testing, and checking.

Category III Operations

This rule recognizes that

technological advances permit aircraft

operated under part 91 to conduct

Category III extreme reduced visibility

landing approaches. Part 91, specifically

§ 91.191 and 91.205, proposed to

include implementing requirements to

conduct Category III operations. Part 61

has been amended to specify the

training and testing requirements for

Category III operations. Part 1, § 1.1,

Category III approaches.

Simulated Instrument Flight Rules (IFR)

Conditions

Some airmen have expressed concern

about the meaning of the terms

‘‘simulated IFR conditions’’ or

‘‘simulated instrument conditions’’ in

part 61. There appears to be confusion

over whether these conditions can be

achieved by the use of hood devices

only. These terms are used throughout

the 14 CFR to mean that instrument

conditions may be simulated by

artificially limiting pilot visibility

outside the cockpit. Pilot visibility can

be limited by a hood device, by

artificially limiting visibility in an

approved flight simulator or flight

training device, or by other appropriate

means. Section 61.45 permits the

artificial limitation of visibility by these

various means.

Tests and Checks

Generally, this rule uses the word

‘‘test’’ in lieu of the word ‘‘check.’’

Specifically, this rule uses the terms

‘‘initial test,’’ ‘‘recurrent test,’’ and

‘‘practical test.’’ These terms refer to an

examination, whatever its nature, on

which the applicant receives a grade,

even though the grade may be only

‘‘pass’’ or ‘‘fail.’’

An exception is found in § 61.58 that

requires a ‘‘proficiency check’’ for a

pilot in command (PIC) of an aircraft. A

‘‘proficiency check’’ is one type of

periodic review of a pilot’s proficiency

as a PIC, whereas an initial test

determines that pilot’s qualification to

be a pilot. Thus, when referring to this

type of requirement, the FAA believes

that the word ‘‘check’’ is more

appropriate.

Aircraft

Prior to this rule, the only flight

simulators referred to in the regulations

were airplane simulators. The word

‘‘aircraft’’ is used throughout this rule,

however, to indicate that the rule

applies to training, testing, and checking

in helicopters as well as in airplanes.

When a requirement is meant to apply

to only a particular category or class of

aircraft, the appropriate category or

class, such as ‘‘airplane,’’ ‘‘rotorcraft,’’

or ‘‘helicopter,’’ is specified.

Normal Landings and Normal Takeoffs

The terms ‘‘normal landing’’ and

‘‘normal takeoff’’ are used in several

places in the new or amended sections

of part 61. ‘‘Normal’’ is meant to

describe maneuvers that are not

emergency maneuvers or those that are

not done under abnormal conditions. A

‘‘normal’’ takeoff or landing includes

those: (1) With different flight path

angles, from steep to shallow; (2) with

different configurations, such as flaps

down or up; (3) to or from different

surfaces, such as sod, concrete, and wet

or slushy surfaces, or (4) made under

various other circumstances that may be

described in an aircraft flight manual.

An emergency takeoff or landing is not

a ‘‘normal’’ takeoff or landing. A takeoff

or landing is not ‘‘normal’’ if it is

labeled ‘‘abnormal’’ by the aircraft flight

manual.

Easily Reached Controls

There has been some question about

the meaning of the term ‘‘easily reached

and operable in a normal manner’’

which appeared in § 61.45. This term, as

amended, means that controls that are

‘‘easily reached’’ are those that can be

reached by any airman or applicant

seated in a designated pilot seat, with

seat belts, shoulder harness, or other

provided restraints fastened.

Conventional Manner

This rule also changes the term

‘‘normal manner,’’ as it refers to the

operation of an aircraft, to

‘‘conventional manner’’ and defines this

term. This new definition should

eliminate potential confusion associated

with the use of such terms as ‘‘normal,’’

‘‘abnormal,’’ or ‘‘emergency’’

performance. These different terms

appear in many aircraft flight manuals

and training curriculums. As used in

this rule, in order to perform a normal,

abnormal, or emergency maneuver in a

‘‘conventional manner,’’ an applicant

must use an aircraft that is equipped

with one of the following: (1) A control

wheel, stick, yoke, or cyclic control that

in cruise flight, and in a forward

movement, causes a decrease in pitch

attitude, and rearward pressure causes

an increase in pitch attitude; a left

movement causes a bank to the left, and

a movement to the right causes a bank

to the right; and (2) rudder pedals or

antitorque pedals which, when

depressing the left pedal, cause the

aircraft nose to yaw left and, when

depressing the right pedal, cause the

nose to yaw right. Aircraft with controls

that operate differently than described

above may still be used for a practical

test, if the examiner determines that the

flight test can be conducted safely in the

aircraft.

Training Center

The characteristics of a training center

are addressed in section 2 of SFAR 58

and several sections of part 142.

Generally, it is defined as an entity that

must hold an air agency certificate

issued under part 142 and must comply

with all applicable sections of part 142.

It should be noted that whenever the

term training center appears in this rule

it includes satellite training center.

Supervised Operating Experience

Supervised operating experience

(SOE) is experience required to remove

certain limitations from an airman’s

certificate. The limitation that may be

removed by SOE is a limitation on PIC

privileges for a specified aircraft type

issued to certain less-experienced pilots

who use high level simulation only for

all training and testing for a certificate,

an added rating, or a certificate with an

added rating. The required SOE must be

accomplished by serving as PIC under

the supervision of a qualified and

current PIC in the airplane type to

which the limitation applies. The SOE

must be performed in the seat normally

available to the PIC. The limitation may

be removed by presenting evidence of

the SOE to any FSDO. SOE parallels the

operating experience requirement long a

feature of air carrier training and

qualification programs, but is less

burdensome in that a current and

qualified PIC instead of a check airman

may provide the supervision. More

detailed discussion on this matter

follows in the response to comments

about §§ 61.64 and 61.158.

Summary of Comments

Notice 92–10 was published in the

Federal Register on August 11, 1992 (57

FR 35888). The comment period closed

on December 9, 1992. The FAA received

328 comments in response to Notice No.

92–10: 223 comments from various

sectors of the interested public, namely

pilots and certificated flight instructors;

48 comments from various aviation

businesses; 13 comments from the major

aviation associations; 11 comments from

commercial air carriers; 11 comments

from the aviation/academic training

school community; and 4 comments

from governmental organizations.

Eighteen miscellaneous comments were

either duplicates or entered to this
34512 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

docket in error. The FAA considered all

of the comments, even those received

after the comment period closed.

Of the 328 comments received, 278

comments made reference to proposals

contained in § 61.197 which addresses

renewal of flight instructor certificates.

(Of these 278 comments, 216 comments

referenced only § 61.197, 62 referenced

§ 61.197 among other sections.) These

comments, as well as those relating to

§§ 61.187, 142.49, and 142.53

concerning instructor flight proficiency,

training center instructor privileges and

limitations, and training and testing

requirements, were addressed in Notice

No. 92–10A, a Supplemental Notice of

Proposed Rulemaking (SNPRM)

published in the Federal Register on

February 19, 1993 [58 FR 9514]. The

remaining 50 commenters expressed

both support and opposition to the

proposals. Many of these commenters

supported the NPRM in concept and

purpose, and made various

recommendations for textual revisions.

Other commenters made

recommendations with no statement of

strong support or opposition to the

proposals. For purposes of discussion,

the comments have been grouped into

several broad categories and are

discussed in further detail below. Each

comment is discussed in the section of

this document entitled ‘‘Section-bySection Analysis of the Comments.’’

General Issues Covered in the

Comments

The following subjects received the

most comments. These comments are

responded to individually in a separate

section of this document to follow

entitled ‘‘Section-by-Section Summary

of the Comments.’’ The issues raised

and the nature of the comments are

summarized below:

1. The proposed definitions and

guidelines regarding the use of flight

simulators and flight training devices

will ensure standardization of training.

Approximately 15 commenters

supported the standardization of

training offered by new part 142.

Several of the commenters, including

Simulator Training, Inc., (STI) and the

Aircraft Owners and Pilots Association

(AOPA), suggested that part 142 define

and standardize training center

operations, and reduce the number of

exemptions required for the use of

simulation. Additionally, the Air Line

Pilots Association (ALPA) supported the

standardized certification requirements

proposed by part 142. ALPA stated that

the certification process ‘‘will assure

some level of minimum performance for

these training centers, require

accountability for training programs and

equipment, and provide more consistent

FAA oversight.’’

Northwest Airlines, Inc., (NWA)

stated that ‘‘the proliferation of

programs has reached a level where

increased regulatory controls must be

imposed.’’ NWA and other commenters,

including FlightSafety International

(FSI), strongly supported the proposal of

an FAA part 142 national office. These

commenters suggested that the

establishment of centralized resources

would help to promote standardization

and consistency in training and

evaluation.

2. The requirements for obtaining a

part 142 certificate are burdensome,

costly, and over restrictive.

Approximately 30 commenters

objected to various proposals for the

part 142 certification process. The

majority of these commenters

specifically cited proposed

§§ 142.17(b)(3) and 142.17(d),

suggesting that they are unnecessarily

burdensome and costly.

Fifteen commenters, primarily pilot

schools, opposed the proposal that the

principal business office of a part 142

certificate holder cannot be shared with

another certificate holder. The

commenters see this proposed

restriction as imposing costly and

unnecessary administrative duplication.

Various commenters indicated that the

requirement that a training center own

or lease at least one FAA-approved

flight simulator would exclude many

smaller training institutions from the

benefits of part 142 participation due to

costs and thereby preclude some

students from receiving the benefits of

advanced simulation training. In

addition, several commenting part 121

certificate holders stated that if part 121

certificate holders are required to apply

for a separate certificate under part 142,

they would be required to purchase

duplicate flight training equipment and

facilities. They stated further that part

142 certificate holders would be

precluded from leasing ‘‘dry’’ simulator

time from part 121 certificate holders

possessing such training equipment.

3. A part 142 certificate should not be

required to continue to provide training

to employees of other part 121 or part

135 certificate holders.

Several commenters opposed the

proposals which would require training

entities providing currently approved

training programs to be certificated

under part 142. These commenters

represented a diverse group that

included air carrier certificate holders,

persons interested in AQP, and current

simulator exemption holders.

4. Flight experience gained from the

use of simulation cannot fully replace

the operational experience gained in the

actual flight environment.

Several commenters, namely some

individuals and the National

Transportation Safety Board (NTSB),

expressed concern regarding the

reduced hours of actual flight

experience proposed in various sections

of the NPRM and posited that flight

experience gained through the use of

flight simulation cannot fully replace

the operational experience gained in the

actual flight environment.

Section-by-Section Analysis of the

Comments

NWA suggested that some readers

may have been confused by the

structure of the NPRM, in that it set

forth the proposed text, but did not

show the text that remained unchanged.

Asterisks were used to designate the text

which the FAA proposed to leave

unchanged. The use of asterisks for this

purpose is consistent with the Federal

Register’s Document Drafting

Handbook.

Several commenters said that several

of the proposals should be deleted in

this rulemaking and considered in the

part 61, 141, and 143 review. The FAA

carefully considered which topics to

include in this rulemaking and which to

include in the part 61, 141, and 143

review. Generally, if a topic relates to

simulation, it was addressed in the

NPRM for this rulemaking. Some other

part 61 topics also are addressed in this

rulemaking if it was necessary to revise

the section for consistency of style and

paragraph numbering.

SFAR 58

SFAR 58.2 Definitions. The FAA

proposed in Notice 92–10 to make the

definition of training centers in this

section compatible with the definition

of that term as contained in § 142.3.

Several commenters expressed the

belief that the proposed definition was

confusing or ambiguous. The FAA

agrees that the definition should be

more clear and has simplified the

definition. The revised definition

includes those persons who obtain, and

operate under, a part 142 certificate, and

those part 121 and part 135 certificate

holders who present, under AQP,

training that they are required to present

under part 121 or part 135.

Other commenters suggested

rewording the definition to exclude

those training providers who already

hold a part 121 or part 135 certificate,

or those persons who might provide

AQP training for those certificate

holders. This is an issue of the

applicability of part 142, which is

discussed in the section-by-section
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34513

analysis of § 142.1 and further defined

in § 142.3.

SFAR 58.11. Approval of Training,

Qualification, or Evaluation by a Person

Who Provides Training by Arrangement.

Delta Air Lines, Inc., (Delta) in a

comment typical of several others, said

that there appears to be no sound reason

to change the existing SFAR 58

provision for approval of AQP training,

qualification, or evaluation to be offered

by a part 142 training center. It went on

to say that approval under SFAR 58 of

training programs, instructor or

evaluator qualification, and use of

training equipment should constitute

approval under part 142.

The FAA agrees. The FAA had that

intent when making the original

proposals. For example, in the NPRM

preamble discussion of § 142.39, the

FAA stated:

‘‘The FAA believes that approval of a

curriculum under SFAR 58, Advanced

Qualification Program (AQP), should, for that

applicant, constitute complete approval of

that curriculum for use by a training center

certificated under part 142, since the AQP

application contains curriculum criteria at

least as detailed as the part 142 curriculum

requirements set forth in proposed §§ 142.39

and 142.77.’’

Several air carriers asked why the

FAA proposed in this rulemaking to fix

an expiration date for SFAR 58.

SFAR 58 may or may not expire as

determined by separate rulemaking

action underway at this time. Under this

final rule, a part 121 certificate holder

with an AQP authorization may

continue, without certification under

part 142, to train persons who are

aircrew employees of another certificate

holder who has an AQP authorization.

Minor editorial changes have been

made to clarify the intent of the

proposed rule. This section is adopted

with the revisions discussed above.

Part 61

§ 61.1a (adopted as § 61.2) Definition

of terms. This section has been amended

to include definitions for terms used in

part 61. The following terms are

defined:

(1) An instructor who has a valid

ground instructor certificate or current

flight instructor certificate with

appropriate ratings issued by the

Administrator;

(2) An instructor authorized under

SFAR 58, part 121, part 135, or part 142

of this chapter to give instruction under

those parts; or

(3) Any other person authorized by

the Administrator to give instruction

under this part.

(b) ‘‘Flight Simulator, Airplane’’

means a device that—

(1) Is a full-sized airplane cockpit

replica of a specific type of airplane, or

make, model, and series of airplane;

(2) Includes the hardware and

software necessary to represent the

airplane in ground operations and flight

operations;

(3) Utilizes a force cueing system that

provides cues at least equivalent to

those cues provided by a 3 degree

freedom of motion system;

(4) Utilizes a visual system that

provides at least a 45° horizontal field

of view and a 30° vertical field of view

simultaneously for each pilot; and

(5) Has been evaluated, qualified, and

approved by the Administrator.

(c) ‘‘Flight Simulator, Helicopter’’

means a device that—

(1) Is a full-sized helicopter cockpit

replica of a specific type of aircraft, or

make, model, and series of helicopter;

(2) Includes the hardware and

software necessary to represent the

helicopter in ground operations and

flight operations;

(3) Utilizes a force cueing system that

provides cues at least equivalent to

those cues provided by a 3 degree

freedom of motion system;

(4) Utilizes a visual system that

provides at least a 45° horizontal field

of view and 30° vertical field of view

simultaneously for each pilot; and

(5) Has been evaluated, qualified, and

approved by the Administrator.

(d) ‘‘Flight Training Device’’ means a

device that—

(1) Is a full-sized replica of

instruments, equipment, panels, and

controls of an airplane or rotorcraft, or

set of airplanes or rotorcraft, in an open

flight deck area or in an enclosed

cockpit, including the hardware and

software for systems installed, necessary

to simulate the airplane or rotorcraft in

ground operations and flight operations;

(2) Does not require a force (motion)

cueing or visual system; and

(3) Has been evaluated, qualified, and

approved by the Administrator.

(e) ‘‘Set of airplanes or rotorcraft’’

means airplanes or rotorcraft which all

share similar performance

characteristics, such as similar airspeed

and altitude operating envelope, similar

handling characteristics, and the same

number and type of propulsion system

or systems.

Aerospace Industries Association

(AIA) and Boeing Commercial Airplane

Group (Boeing), in identical comments,

stated that this part should not have

new definitions for flight simulators and

flight training devices, but should

instead incorporate by reference the

definitions for these items as contained

in Advisory Circular (AC) 120–40B and

AC 120–45A.

The definitions of ‘‘flight simulator’’

and ‘‘flight training device’’ set forth in

new part 142 are, in all aspects,

identical to those contained in the

referenced AC’s. The FAA has

determined that the definitions should

be contained in the regulatory text so

that they are readily available to

applicants for, and holders of, a part 142

certificate and other persons who have

an interest in the regulations concerning

training centers.

Crew Systems, Andrews University,

and an individual stated that definitions

should not be in this section, but rather

in part 1 of 14 CFR, and that the

proposed definitions might have a

different meaning to different people.

The definitions contained in part 61 are

applicable to that part of 14 CFR. Some

of the words or terms might have a

different definition in the context of a

different part of 14 CFR. Only those

definitions that have general

applicability to all parts of 14 CFR are

placed in part 1.

Airbus Service Company, Inc.,

(Airbus) recommended that this section

be amended to include Air

Transportation Ground Instructor, Air

Transportation Flight Instructor, and Air

Transportation Flight Instructor

(Simulator Only) in the definition of

authorized instructor.

The authority of the persons cited by

Airbus to function as instructors is

limited to service in part 121 or part

135. The persons with the instructor

titles cited by Airbus are not necessarily

holders of an FAA flight instructor

certificate, and may perform certain

flight instructor functions by virtue of

holding an airline transport pilot (ATP)

certificate. The privileges of persons

cited by Airbus are not changed by this

definition; they remain the same for the

operating part for which the person was

designated. Additionally, many of the

persons cited by Airbus could qualify as

an authorized instructor in other parts,

including part 142. See the provision of

§ 61.2 (a)(2) as adopted.

One person stated that including the

words ‘‘full-sized replica’’ in the

definition of a flight training device

precludes the approval of personal

computer flight simulation technology.

The comment is accurate. The FAA is

convinced that simulation has benefit

only if behaviors learned can be

transferred to the aircraft. The FAA is

convinced that no effective transfer of

learning has been demonstrated except

from flight simulators and flight training

devices that accurately replicate the

performance of an aircraft. As discussed

in the NPRM, AC 120–45, as amended,

describes the minimum criteria for flight

training devices which will result in
34514 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

replication of aircraft performance

suitable for specific training, testing,

and checking. The FAA has under

development a new AC 120–46, ‘‘Use of

Airplane Flight Training Devices (In

Flight Training and Checking for

Airman Qualification and

Certification),’’ which will provide

details about which tasks a particular

level of flight training device may be

used for training credit and which tasks

one may be used for testing. At this

time, no flight training aid based on

what is commonly known as ‘‘personal

computers’’ meets the criteria of AC

120–45. Accordingly, the use of

personal computer flight simulation

technology is considered unacceptable.

One commenter stated that this

section, and all other proposed revised

sections of part 61, should be deleted

and considered in the phase II of the

part 61, 141, and 143 review, which was

referenced earlier as a related

rulemaking project.

The FAA does not agree that this

would be an appropriate action. The

purpose of this rulemaking was to

undertake a comprehensive review, and

revision if necessary, of all rules with

the potential for increasing the use of

simulation for airman training, testing,

and checking. Many of these rules are

contained in part 61; therefore, the FAA

proposed revisions to certain sections

contained in that part.

§ 61.2 (adopted as § 61.3)

Certification of foreign pilots and flight

instructors.

This section proposed rules for

training centers and their satellite

training centers for issuing certificates

and ratings outside the United States.

Specifically, this section proposed that

training centers, and their satellite

training centers, certificated under part

142 of this chapter, be allowed to do the

following outside the United States: (1)

Add additional ratings and

endorsements to certificates issued by

the Administrator under the provisions

of part 142; and (2) issue certificates to

U.S. citizens within the authority

granted to the training center by the

Administrator.

The National Association of Flight

Instructors (NAFI) commented that it

has long been an FAA policy to not

issue U.S. certificates or additional

ratings to foreign nationals outside the

United States.

The FAA agrees with the commenter

that, under § proposed 61.2 (adopted as

§ 61.3), the FAA does not issue U.S.

certificates to foreign nationals outside

the United States unless issuance meets

the need stipulated in that section.

However § 61.2 (adopted as § 61.3), has,

for several years, allowed rating(s) to be

added to a U.S. certificate of a foreign

national outside the United States.

Further, § 61.13 has, for several years,

allowed the FAA to issue certificates

and added ratings, subject to this need

and to collection of the reimbursement

fee required by part 187 [60 FR 19628;

April 19, 1995; Fees for Certification

Services and Approvals Performed

Outside the United States, Rule and

Notices.]

NAFI further states that proposed

paragraph (b)(1) does not have a

limitation contained in proposed

paragraph (a)(1). It recommends that the

following limitation contained in

paragraph (a)(1) be added to paragraph

(b)(1): ‘‘The pilot certificate or rating is

needed for the operation of a U.S.-

registered civil aircraft.’’

Modern multinational corporations

may operate aircraft of different

countries of registry. The commenter

has not provided sufficient rationale for

imposing the U. S. certification

restriction. The FAA has determined,

therefore, that proposed paragraph (b)

should not contain a restriction on need

to operate an aircraft of U.S. registry.

Some commenters, namely United

Airlines (United), Trans World Airlines

(TWA), the Air Transport Association

(ATA), and the Federal Express

Corporation said, in essence, that the

proposed part 142 sections that would

permit the certification of training

centers located outside the United

States, and that would permit them to

add additional ratings and

endorsements, threatens the

standardization concept of part 142

training centers and should be dropped.

The FAA plans to maintain

standardization by providing adequate

guidance on instructor and evaluator

qualification, simulation approvals,

curriculum approvals, and by

emphasizing review and inspection of

that guidance.

Other commenters indicated that

maintaining standardization of training

center activities for those training

centers outside the United States will

cause a workload on the FAA.

The FAA agrees that creation of

foreign training centers will impose a

workload on the FAA. See the FAA plan

for compensation for the workload

imposed by training centers outside the

United States in the discussion of

comments received in response to

proposed § 142.20 (adopted as § 142.19),

‘‘Foreign training centers: Special

rules.’’

For the reasons discussed, this section

is adopted as proposed, except for

editorial changes to make it clear that

training centers prepare, train, and

recommend applicants for a certificate

or rating, but do not actually issue a

certificate or rating unless the training

center has specific authorization to

issue airman certificates.

§ 61.3 (adopted as § 61.5)

Requirement for certificates, ratings,

and authorizations.

The FAA proposed to amend the leadin paragraph for § 61.3(d) (adopted as

§ 61.5 (d)) and to add a new paragraph

(i).

As proposed, paragraph (d)

inadvertently would have prevented

lighter-than-air instruction without a

flight instructor certificate. That was not

the intent of this rule. Therefore,

language allowing such instruction

without a flight instructor certificate is

restored to paragraph (d) of this section.

The FAA did not receive any comments

on proposed paragraph (d), therefore,

with this minor correction, paragraph

(d) is adopted as proposed.

Proposed paragraph (i) prescribed

requirements for pilot category III

authorization. It reads as follows:

(i) Category III pilot authorization.

(1) No person may act as pilot in command

of a civil aircraft during Category III

operations unless—

(i) That person holds a current Category III

pilot authorization for that category or class

of aircraft, and the type of aircraft, if

applicable; or

(ii) In the case of a civil aircraft of foreign

registry, that person is authorized by the

country of registry to act as pilot in command

of that aircraft in Category III operations.

(2) No person may act as second-incommand (SIC) of a civil aircraft during

Category III operations unless that person—

(i) Holds a valid pilot certificate with

category and class ratings for that aircraft and

a current instrument rating for that category

aircraft;

(ii) Holds an airline transport pilot

certificate with category and class ratings for

that aircraft; or

(iii) In the case of a civil aircraft of foreign

registry, is authorized by the country of

registry to act as SIC of that aircraft during

Category III operations.

Some commenters, namely TWA,

Delta, American Airlines (American),

ATA, British Aerospace Inc., Training

Center (BAe), and AMR Combs (AMR),

believe that part 121 and part 135

certificate holders should not be

required to comply with paragraph (i) of

this section, as they have not been

required to comply with the Category II

requirements of paragraph (f) of this

section in the past.

There is an alternate mechanism in

part 121 to authorize certificate holders

under that part to conduct reduced

visibility instrument approaches. That

alternative assures a level of safety

equivalent to this rule. Because of the

alternate mechanism in part 121 to
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34515

authorize the commenters and similarlysituated persons to conduct Category II

and Category III operations, the FAA

agrees with the commenters, and has

added a new paragraph (j) to except part

121 and part 135 certificate holders

from compliance with paragraph (i).

Current paragraph (f) has been revised

in this final rule to conform it to the

format of new paragraph (i). The flush

paragraph at the end of paragraph (f) has

been replaced with a new paragraph (j).

§ 61.4 Qualification and approval of

flight simulators and flight training

devices. In this new section, flight

simulators and flight training devices

must be qualified and approved by the

Administrator for training, testing, and

checking, if the airman using flight

simulators or flight training devices is to

get credit to satisfy any part of 14 CFR.

In addition, each particular maneuver,

procedure, or crewmember function to

be performed would be subject to the

approval of the Administrator.

A few commenters suggested that

flight simulators and flight training

devices should not have to be approved

unless the person using them expected

to get some credit for that use to satisfy

some requirement of 14 CFR.

The FAA agrees, and the rule text has

been amended to clarify that only those

flight simulators and flight training

devices used to satisfy training, testing,

or checking functions, as may be

necessary to meet FAA regulatory

requirements, must be qualified by the

Administrator.

NAFI said that guidelines must be

established to specify the requirements

for qualification and approval of flight

simulators and flight training devices to

prevent FAA inspectors from arbitrarily

applying their personal standards, and

that, once a flight simulator or flight

training device is approved by the FAA,

the FAA should not require another

inspector to approve another of the

same make and model.

The FAA agrees that each FAA

inspector should not arbitrarily

determine standards for qualification

and approval of flight simulators. The

FAA has established guidelines and

technical standards for flight simulators

and flight training devices, in AC 120–

40, as amended, and AC 120–45, as

amended, respectively. These

publications are available from the

Government Printing Office and may be

reviewed at any FSDO. These advisory

circulars are made available to facilitate

standardization, qualification, and

recommendations for approval of

particular maneuvers and procedures

for each flight simulator and level 5

through 7 flight training device, as they

are defined at this time. FAA inspectors

may approve the use of flight simulators

and flight training devices for the

maneuvers and procedures of a

particular curriculum. To help ensure

standardization, the FAA will provide

national guidance for approval of

training programs for all part 142

training centers. This guidance should

preclude widespread interpretation on

the part of individual inspectors.

§ 61.13 Application and

qualification. The FAA proposed to

revise paragraph (e) to make this section

apply to Category III authorizations as

well as to Category II authorizations.

The revised paragraph reads as follows:

(e) The following requirements apply

to a Category II pilot authorization and

to a Category III pilot authorization:

(1) The authorization is issued by a

letter of authorization as a part of the

applicant’s instrument rating or airline

transport pilot certificate.

(2) Upon original issue the

authorization contains a visibility

limitation—

(i) For Category II operations, the

limitation is 1,600 feet RVR and a 150-

foot decision height; and

(ii) For Category III operations, each

initial limitation is specified in the

authorization document.

(3) Limitations on an authorization

may be removed as follows:

(i) In the case of Category II

limitations, a limitation is removed

when the holder shows that, since the

beginning of the sixth preceding month,

the holder has made three Category II

ILS approaches with a 150-foot decision

height to a landing under actual or

simulated instrument conditions.

(ii) In the case of Category III

limitations, a limitation is removed as

specified in the authorization.

(4) For the practical test required by

this part for a Category II or a Category

III authorization, a flight simulator or

flight training device may be used for

simulated instrument conditions, if

approved by the Administrator for

simulated instrument conditions.

AIA and Boeing said that

§ 61.13(e)(3)(i) should contain the same

provision regarding simulated

instrument conditions that appears in

§ 61.13(e)(4); i.e., ‘‘* * * a flight

simulator or flight training device may

be used for simulated instrument

conditions. * * *’’

The FAA agrees with the suggestion

of the commenters. Paragraph (e)(4) has

been reworded to make it clear that an

approved flight simulator may be used

to meet the experience requirement of

paragraph (e)(3) as well as to meet the

Category II and Category III practical test

requirements of part 61.

ATA and several air carriers

commented that this proposal fails to

include language excepting part 121 and

part 135 certificate holders from

compliance with this section. They

point out that § 61.3 (adopted as § 61.5)

contains an exception for part 121 and

part 135 operators from the qualification

requirements for Category II operations.

The provisions of § 61.13 were not

intended to apply to operations

conducted by part 121 and 135

certificate holders since the FAA did

not intend to propose, under § 61.3,

(adopted as § 61.5) that a letter of

authorization be required for these

operations. These parts prescribe their

own requirements for such operations.

Proposed § 61.3 (adopted as § 61.5)

has been revised to make it clear that

the exception for part 121 and part 135

certificate holders also applies to

Category III authorization. (See the

discussion of § 61.3 (adopted as 61.5)).

Airbus suggested additional text for

this section that would delete ILS

approaches, because MLS, GPS, and

other approaches are likely in the

future.

The FAA agrees that the regulations

need to be modified to reflect changing

technology; however, this was not a

subject of these proposals and cannot be

addressed in this rule at this time.

Airbus also suggested that this section

be amended to specify the quality of the

simulated visual scene required for the

practical test.

The FAA agrees that the quality of the

simulated visual scene that may be used

to complete the Category II or Category

III practical test is of great importance.

The sections of the rule that actually

require and authorize training and

testing to show competence in reduced

visibility operations, §§ 61.3 (adopted as

§ 61.5), 61.67, and 61.68, specify that

the practical test must be accomplished

under an approved training program of

an air carrier for that air carrier’s

aircrews, or in an approved training

program of a part 142 certificate holder.

Training program approval criteria for

each of those training programs specify,

or will specify, that a flight simulator

must be qualified and approved by the

FAA for each maneuver, procedure, and

crewmember task. Further guidance for

the technical requirements of flight

simulation is published in AC 120–40

and AC 120–45, as amended. The FAA

believes that the quality control

provided by the provisions described

above is satisfactory. Quality of the

visual scene in all modes of flight and

the quality of simulation in general is a

high priority for the FAA. For the

reasons discussed, this section rewords
34516 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

paragraph (e)(4) and is otherwise

adopted as proposed.

§ 61.21 Duration of Category II and

Category III pilot authorizations. In

addition to a change in the title, this

section proposed that Category II and

Category III pilot authorizations would

expire 6 months after last issued or

renewed.

ATA and a few member air carriers

commented that these proposals

included a duration of authorizations

that is too restrictive for part 135 and

part 121 certificate holders.

The provisions of § 61.21 were not

intended to apply to operations

conducted by part 121 and 135

certificate holders since the FAA did

not intend to propose, under § 61.3

(adopted as § 61.5), that a letter of

authorization be required for these

operations. These parts prescribe their

own requirements for such operations.

Proposed § 61.3 (adopted as § 61.5)

has been revised to make it clear that

the exception for part 121 and part 135

certificate holders also applies to

Category III authorization. (See the

discussion of § 61.3 (adopted as § 61.5)).

Therefore, this section does not apply

to a part 121 or part 135 certificate

holder.

Therefore, this section is adopted as

proposed.

§ 61.39 Prerequisites for flight tests.

The FAA proposed in this section to

specify a 60-calendar-day time limit for

completion of all increments of the

practical test (i.e., the oral increment,

the flight simulator increment, and the

flight increment).

In the event that the entire practical

test is not satisfactorily completed

within the prescribed 60 calendar days,

an applicant is required to retake the

entire practical test, including those

increments satisfactorily completed

more than 60 calendar days previously.

NAFI recommended minor editorial

changes to the proposed rule text, and

those minor changes were made in the

final rule.

One commenter said that the

proposals of this section should be

withdrawn and considered in a

subsequent review of part 61.

The FAA cannot defer the

implementation of these proposals,

since they relate to simulation testing, a

subject covered by this rulemaking.

No other changes were suggested by

commenters. Accordingly, except for

editorial changes, this section is being

adopted as proposed.

§ 61.45 Flight tests: Required aircraft

and equipment.

Proposed paragraph (a) provides that

an applicant may use a flight simulator

or a flight training device for those tasks

of a practical test for which the flight

simulator or flight training device has

been approved. Previously, this section

did not clearly permit the use of flight

simulators or flight training devices for

practical tests.

Previously under part 61, a flight

simulator or flight training device could

be used only to demonstrate some SIC

qualifications and also to train and test

for the ATP certificate. NAFI

commented that the FAA should

complete guidelines to specify which

maneuvers, procedures, and

crewmember tasks can be trained,

tested, or both, by use of each level of

simulation. The FAA agrees, and is

drafting such a document (AC 120–46)

at the present time. (See also the

response to comments about § 61.1).

ATA said, in a comment similar to

several others, that the proposed

amendments to this section are not

necessary, since ‘‘* * * the purpose of

the current rule was not to specify that

an aircraft must be used for the flight

test, but rather to prescribe the aircraft

requirements for registration,

airworthiness, and equipment.’’ ATA

continues by observing that

‘‘Amendment 61.45, effective Feb. 2,

1970, clearly authorizes the use of

simulators for part of the ATPC/TR

flight test. * * *’’

Current paragraph (a) of this section

deals with the equipment an applicant

must furnish for each test, as well as

with the requirements for registration

and airworthiness of that equipment.

The wording of the current paragraph

excludes any equipment except aircraft

from being used for the practical test,

except as provided in §§ 61.55 and

61.157. The proposed rule would allow

simulation to be used for those tasks of

the practical test for which the

simulator is approved. The FAA

considers this expanded use of

simulation justified for reasons stated in

the preamble to the NPRM. Accordingly,

this section is adopted as proposed.

Jeppesen-Sanderson and AMR

questioned how such tasks as crosscountry skills, rectangular courses, Sturns across a road, and turns around a

point can be evaluated by use of

simulation.

At the date of this final rule, there are

no flight simulators or flight training

devices that have been approved to

evaluate several tasks, including the

examples offered by these commenters.

The intent in the proposal was to

permit an increased use of simulation,

in appropriate cases, without having to

amend the rules each time that

technological advances permit one of

these tasks to be evaluated in flight

simulation. With the assurance that

simulation may be used to meet

practical test requirements when it has

the technical capability to do so,

manufacturers of such devices should

be encouraged to develop increasingly

realistic simulation. Even with

regulatory authority to use simulation

for tasks of a practical test, simulation

cannot be used for those tasks until the

simulation medium has been developed,

evaluated, and qualified by the FAA to

evaluate such tasks.

Airbus commented that the proposed

revisions are unworkable for an aircraft

manufacturer’s training center and, if

implemented, would impose a severe

economic burden on the training center

and the part 121 operators it supports.

Although Airbus did not specifically

reference § 142.57 in its comment, it

appears Airbus is addressing the aircraft

certification, registration, and

airworthiness requirements that are

discussed under § 142.57 below.

Training centers, which are to be

certificated under part 142, have

distinct requirements for aircraft

certification, registration, and

airworthiness. Those requirements, as

adopted, are further discussed in

§ 142.57.

Proposed paragraph (c) provided that

an applicant for a practical test must

provide an aircraft with engine and

flight controls that are easily reached,

and that can be operated in a

conventional manner by both the

applicant and the evaluator. The

paragraph also provided that the

evaluator may conduct a practical test in

an aircraft with different features.

AMR stated that ‘‘* * * 61.45(c)(2)(ii)

seems to assume that an evaluator will

be in a pilot’s seat when conducting a

practical test in an aircraft. However,

evaluators and FAA inspectors currently

may conduct the practical test from a

jump seat, or some other location other

than a pilot’s seat. * * *’’ It

recommended rewording to better state

this practice.

The FAA agrees that the practice

described by AMR has been and will be

acceptable, and has reworded paragraph

61.45(c)(2)(ii) accordingly.

Proposed paragraph (d) provided that

each applicant for a practical test that

requires flight maneuvers and

procedures to be accomplished solely by

reference to instruments, must provide

equipment that excludes the applicant’s

visual reference to objects outside the

aircraft.

Airbus commented that proposed

paragraph (d) is unnecessarily

restrictive, in that it prohibits the use of

vision-restricting devices that more

realistically create the seeing conditions

the pilot is likely to encounter during
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34517

the instrument-to-visual transition,

including visual illusions associated

with maneuvering by visual reference to

landing in restricted seeing conditions.

Airbus suggests rewording the

paragraph to allow equipment that

restricts an applicant’s visual reference

to replicate what might be seen during

a reduced visibility approach transition

to a landing.

The FAA notes that this section is

directed at maneuvers and procedures

that must be done solely by reference to

flight instruments; it was not intended

to, and is not adequate to address,

maneuvering partially by reference to

instruments and partially by reference

to obscure visual references to objects

outside the cockpit. The FAA lists, in

separate publications, what objects must

be visible at a specified point on an

instrument approach in order to

continue by visual reference. The FAA

is not aware of a device that can be used

in an aircraft to obscure visibility of

objects other than those listed for

continuation of an instrument approach.

The FAA agrees with the commenter

that this area of flight is critical. This is

an area of flight that simulation can

replicate much better than an actual

aircraft. For simulation, the FAA

requires that the simulated visual

presentation be capable of displaying a

scene with visibility as restricted as the

visibility that the applicant will be

authorized to observe when completing

approaches. Guidance for scene

presentation for simulation is contained

in AC 120–40, as amended.

This section is adopted with the

changes discussed.

§ 61.51 Pilot logbooks.

The FAA proposed to revise

paragraph (b)(1)(ii) to allow pilots to log

the time accrued in a simulated flight

lesson. The proposed text read as

follows:

‘‘(b) * * *

(1) * * *

(ii) Total time of flight or lesson.

AMR commented that the word

‘‘flight’’ should be added before

‘‘lesson.’’

The FAA agrees and has changed the

paragraph accordingly.

AMR also commented that the

requirement of present paragraph

(b)(1)(iii), which states ‘‘Place, or points

of departure and arrival’’ is pointless in

the context of a simulated flight lesson,

as it is quite possible to conduct a

simulator training session and have no

point of departure or arrival.

The FAA agrees, and has changed the

paragraph to except simulated flights

from those sessions for which a point of

departure and arrival must be entered.

As proposed, § 61.51(c)(2)(i) has been

revised, including shifting the provision

for recreational pilots to a new

paragraph (iv), to make that paragraph

easier to read. No substantive change

has been made to the previous

provision. The reference to a sole

occupant of an aircraft has been

removed since such a person by

definition is the pilot in command.

The FAA proposed to revise

paragraphs (b)(3)(iii) and (c)(4)(ii) to

permit the logging of instrument flight

time in an approved flight simulator or

approved flight training device.

One commenter said that paragraph

(c)(4)(ii) ‘‘* * * only permits logging of

simulated instrument conditions in an

approved and qualified flight simulator

or qualified and approved flight training

device. It leaves the logging of simulated

instrument flight time by utilization of

a view limiting device in limbo and not

discussed.’’

The FAA points out that the wording

of this paragraph states that flight

simulation ‘‘may’’ be used, not that it

‘‘must’’ be used, and that, in both the

NPRM preamble and in the preamble to

this final rule, a separate section

entitled ‘‘Simulated IFR Conditions’’ is

devoted to this discussion to make it

clear that a variety of view-limiting

devices may be used. Paragraph 61.45(d)

as proposed and as adopted makes it

clear that view-limiting devices, as well

as flight simulation, are acceptable for

practical tests.

Andrews University commented that

paragraph (c)(4)(ii) is good in that it

allows logging of flight simulator and

flight training device time both with and

without a flight instructor.

The FAA points out that this rule

does not create any new authority for a

pilot to log flight time in simulation

equipment without an authorized

instructor. On the contrary, this

paragraph specifies that an authorized

instructor must be present in order to

log pilot time in flight simulation

equipment. Further, § 61.51(c)(5)

provides that all time logged as

instruction time must be certified by the

authorized instructor from whom it was

received. This requirement is intended

to ensure that an applicant’s logbook

reflects all required instruction which

was provided by an authorized

instructor.

With the amendment discussed, this

section is adopted as proposed.

§ 61.55 Second-in-command

qualifications. The FAA proposed in

§ 61.55 (b)(4) that initial SIC

qualification tests for a particular

category and class or type of aircraft

require at least one takeoff and one

landing to be satisfactorily completed in

an aircraft of that category, class, and

type as applicable.

Several commenters expressed overall

agreement with this proposed section.

Boeing and AIA commented that, if

the simulator used is qualified for the

landing maneuver, the use of an

airplane is unnecessary.

The FAA believes that some minimal

experience with the category, class, and

type of aircraft, if applicable, is required

for those SIC applicants not previously

qualified in any capacity in an aircraft

requiring a crew of more than one

person. With the exception of the

takeoff and landing that must be

performed in the aircraft, the FAA

believes that, based on its evaluation of

the results of training and testing in

flight simulators, the training and

testing for SIC qualifications can be

satisfactorily demonstrated in a part 142

training course that is subject to FAA

approval.

Paragraph (b)(4) of this section was

reworded slightly to make it clear that

the requirement to complete only one

takeoff and one landing in an actual

aircraft applies only to persons who

complete the rest of the requirements of

this section in an approved course at a

training center certificated under part

142.

§ 61.56 Flight review. Under the

previous § 61.56, the flight review could

be performed only in an aircraft. A new

paragraph 61.56(h) to this section

proposed the use of flight simulators or

flight training devices for the flight

review if: (1) The flight simulator or

flight training device is approved by the

Administrator for that purpose; and (2)

the flight review is accomplished in an

approved course conducted by a

training center certificated under part

142.

Jeppesen-Sanderson and the National

Air Transportation Association (NATA),

representing a consensus of General

Aviation Manufacturers Association,

Helicopter Association International,

and others, commented that simulation

should be allowed for the review, in

approved courses conducted under part

141 or part 142.

The FAA does not agree that part 141

should be changed in this rule to allow

pilot schools to conduct the flight

review. Part 142 training centers may

conduct flight reviews using simulation

because they will have substantially

more required in the way of training

capability by having the following: (1) at

least one flight simulator or Level 6 or

Level 7 flight training device; (2)

considerably more detailed and

structured training programs; and (3)

more demanding instructor
34518 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

qualifications than those required under

part 141.

United, in a comment similar to

several others, recommended that the

flight review should be permitted by

simulation in an approved course

conducted by a training center

certificated under part 121 or part 142.

There are no training centers now

certificated under part 121 or any other

part. Part 121 certificate holders have a

training apparatus that may be called a

school, branch, division, center, and a

variety of other names. There is little

doubt that many of them, with minimal

effort at tailoring present training

programs, could become training centers

certificated under new part 142. There

is no need to change the rules to allow

part 121 certificate holders to conduct a

course to satisfy § 61.56; several courses

presented by part 121 schools already

satisfy the requirements of § 61.56. In

accordance with the current provisions

of that section, a person need not

accomplish the flight review if that

person has satisfactorily completed a

pilot proficiency check, or a test for a

certificate, rating, or operating privilege.

Most, if not all, training and

qualification activities undertaken by a

part 121 or part 135 certificate holder

are for one of these purposes.

Jeppesen-Sanderson commented that

discussion and provisions for

simulation not qualified for the landing

maneuver should be deleted.

Based on experience with simulation,

the FAA believes that the flight review

can be successfully accomplished in an

appropriate flight simulator or flight

training device. Previously, landing

maneuvers, which likely would be

required during a flight review, could be

conducted only in a flight simulator

qualified as Level B or higher. Section

61.57(g)(3), however, provides a means

for the review to be accomplished in a

Level A flight simulator or in a flight

training device.

One commenter said, in essence, that

he believed the flight review should be

an evaluation of maneuvers and

procedures required for the issuance of

the certificate applied for, and that not

all maneuvers and procedures can be

evaluated in a simulator.

The FAA agrees that not all

maneuvers and procedures can be

evaluated in a flight simulator at the

present time. Turns about a point,

chandelles, lazy eights, among others,

currently cannot be simulated.

However, § 61.56 does not require any

specific maneuvers and procedures. An

airman may complete a flight review in

a simulator only if the review is

undertaken after completion of an

approved course. The FAA believes that

the potential benefits of a structured

review, subject to FAA approval,

consisting of various subjects and a

selection of various, but unspecified,

maneuvers and procedures outweigh the

fact that flight simulators cannot, at this

time, replicate all maneuvers and

procedures required of all certificate

levels.

For the reasons discussed, this section

is adopted as proposed.

§ 61.57 Recent flight experience:

Pilot in command. In addition to a

change in the title of this section to

indicate that it contains PIC currency

requirements, the NPRM proposed to

revise paragraphs (c) and (d) to read as

follows:

(c) General experience.

(1) Except as otherwise provided in this

paragraph, no person may act as pilot in

command of an aircraft carrying passengers,

or of an aircraft certificated for more than one

required pilot flight crewmember, unless that

person meets the following requirements—

(i) Within the preceding 90 calendar days,

that person must have made three takeoffs

and three landings as the sole manipulator of

the flight controls in an aircraft of the same

category and class and, if a type rating is

required, of the same type of aircraft.

(ii) If the aircraft operated under paragraph

(c)(1)(i) of this section is a tailwheel airplane,

that person must have made to a full stop the

landings required by that paragraph in a

tailwheel airplane.

(2) For the purpose of meeting the

requirements of this section, a person may

act as pilot in command of a flight under day

visual flight rules or day instrument flight

rules if no persons or property are carried

other than as necessary for compliance with

this part.

(3) Paragraph (c) does not apply to

operations conducted under part 121 or part

135 of this chapter.

(4) The takeoffs and landings required by

paragraph (c)(1) of this section may be

accomplished in a flight simulator or flight

training device subject to the following—

(i) The flight training device or flight

simulator must have been qualified and

approved by the Administrator for landings;

and

(ii) The flight simulator or flight training

device must be used in accordance with an

approved course conducted by a training

center certificated under part 142 of this

chapter.

(d) Night experience.

(1) No person may act as pilot in command

of an aircraft carrying passengers at night (the

period beginning 1 hour after sunset and

ending 1 hour before sunrise as published in

the American Air Almanac) unless, within

the preceding 90 days, that person has made

not fewer than three takeoffs and three

landings to a full stop, at night, as the sole

manipulator of the flight controls in the same

category and class of aircraft.

(2) Paragraph (d)(1) of this section does not

apply to operations conducted under part

121 or part 135 of this chapter.

(3) The takeoffs and landings required by

paragraph (d)(1) of this section may be

accomplished in a flight training device or

flight simulator that is—

(i) Qualified and approved by the

Administrator for takeoffs and landings, if

the visual system is adjusted to represent the

time of day described in paragraph (d)(1) of

this section; and

(ii) Used in accordance with an approved

course conducted by a training center

certificated under part 142 of this chapter.

FSI suggested that paragraphs (c) and

(d) of this section should be changed to

‘‘be consistent with § 121.439.’’

The FAA must presume that the

recommendation is to change paragraph

(c), as paragraph (d) pertains to night

recency of experience, and there is no

night recency of experience requirement

in § 121.439. The deletion of the night

landing requirement was not proposed

and is not considered in the final rule.

To make paragraph (c), general

experience, including day landings,

consistent with § 121.439 would require

operators to have check airmen,

operations specifications, and require

each airman to have specific previous

experience in the airplane type (with no

provision for aircraft not requiring a

type rating) in operating parts other than

part 121 and part 135. Such dramatic

changes to part 91, or other parts of 14

CFR, would simply not be economically

justified. This rulemaking is intended to

encourage and accommodate the use of

simulation for more extant training,

testing, and checking tasks, but not to

change the tasks required for any

particular certificate, rating, or privilege.

Therefore, paragraphs (c) and (d) are

adopted as proposed.

Also, the NPRM proposed to amend

paragraph (e) to permit pilots to meet

instrument currency requirements in an

approved flight simulator or flight

training device.

NWA recommended that proposed

paragraph (e) include an exception

stating that the requirements of § 61.57

do not apply to operations conducted

under part 121 and part 135, similar to

the construction of paragraphs (c) and

(d) of § 61.57.

During the comment period and final

drafting stage for this final rule, the FAA

was separately considering a petition for

exemption or other regulatory relief

from the requirements of paragraph (e)

for members of ATA. On November 11,

1994 the FAA published a final rule [59

FR 56385] that revised § 61.57(f) to

provide that PICs employed by a part

121 or part 135 operator are excepted

from compliance with the recency of

experience requirements of § 61.57, only

if they are qualified under §§ 121.437 or

135.243 and meet the recent experience
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34519

requirements under §§ 121.439 or

135.247. Therefore, this exception in

paragraph (f) will provide the relief

suggested by the commenter.

NATA commented that ‘‘approved

course,’’ as used in this section, should

include ‘‘those courses approved under

part 141 and part 61.’’ Several other

commenters asked what is meant by

‘‘approved course,’’ and whether such a

course is limited to takeoffs and

landings.

The reference is to courses approved

for training centers for establishing or

maintaining currency in those tasks

specified in this section. The content of

such courses would not have to be

restricted to takeoffs and landings. The

courses might include, for example,

different abnormal and emergency

situations for takeoffs and landings,

such as power loss, runway

contamination, gusts and shear, factors

causing visual illusion, physiological

factors affecting night takeoffs and

landings, and others. There is no such

course approved under part 141 and, as

discussed earlier under § 61.56, adding

new courses to part 141 was not

proposed and is not considered in this

rulemaking.

AMR commented that the preamble

suggests that a simulator or flight

training device can be used to meet

instrument currency requirements, but

the regulation requires that at least 3 of

the required 6 hours be conducted in an

aircraft. It recommended clarification of

this point.

The FAA agrees that there was an

apparent conflict between the preamble

to the NPRM and the rule text dealing

with instrument currency. The rule text

has been changed to reflect the intent of

the preamble; paragraph (e)(1)(i)(A) has

been changed to read, in part:

(A) Logged at least 6 hours of instrument

time including at least six instrument

approaches under actual or simulated

instrument conditions, not more than 3 hours

of which may be in approved simulation

representing aircraft other than gliders.

A few air carriers commented that

they disagree with the proposed change

of verbiage which requires an

instrument competency check to be

given by ‘‘a person authorized by the

Administrator’’ instead of by ‘‘an FAA

inspector, a member of an armed force

of the United States authorized to

conduct flight tests, an approved FAAapproved check pilot, or a certified

instrument flight instructor.’’

The proposed revision is needed to

permit other persons to give the

instrument competency check. For

example, the new wording will include

evaluators for part 142 training centers,

designated examiners, pilot proficiency

examiners, simulator-only instructors

who do not hold a medical certificate,

as well as all those persons named in

the previous rule.

For the reasons discussed, this section

is adopted as changed.

§ 61.58 Pilot-in-command

proficiency check: Operation of aircraft

requiring more than one required pilot.

The FAA proposed to revise this section

to permit airmen, under certain

conditions, to accomplish required PIC

proficiency checks entirely in a

qualified and approved flight simulator.

Proposed paragraph (a) provided that:

(a) Except as otherwise provided in

this section, to serve as pilot in

command of an aircraft that is type

certificated for more than one required

pilot crewmember, a person must—

(1) Within the preceding 12 calendar

months, complete a pilot-in-command

check in an aircraft that is type

certificated for more than one required

pilot crewmember; and

(2) Within the preceding 24 calendar

months, complete a pilot-in-command

check in the particular type of aircraft

in which that person will serve as pilot

in command.

NAFI, apparently commenting on

§ 61.58(a), commented that this section

should be revised to close a loophole

that allows certain large or turbojet

aircraft, such as the DC–3 and some

Cessna C–500 series aircraft, to be

operated by a single pilot. It points out

that, under the current and proposed

sections, pilots of those aircraft may not

be required to undertake the pilot

proficiency checks.

While NAFI’s comment may have

merit, changing the applicability of

§ 61.58 is not the purpose of this

rulemaking, and the FAA did not

propose to change the tasks required for

proficiency checks. As stated earlier, the

purpose of this rulemaking is to

encourage and accommodate the use of

simulation for more training, testing,

and checking tasks, but not to change

the tasks required for any particular

certificate, rating, or privilege.

Proposed § 61.58(e)(1) stated the

following:

‘‘Except as provided in paragraph (f)

of this section, a check or a test

described in paragraphs (d)(1) through

(d)(4) of this section may be

accomplished in a flight simulator

qualified and approved under part 142

of this chapter subject to the following:

(1) Except as allowed in paragraphs

(e)(2) and (e)(3) of this section, if an

otherwise qualified and approved flight

simulator used for a PIC proficiency

check is not qualified and approved for

a specific required maneuver—

(i) The training center shall annotate,

in the applicant’s training record, the

maneuver or maneuvers omitted; and

(ii) Prior to acting as PIC, the pilot

shall demonstrate proficiency in each

omitted maneuver in an aircraft or flight

simulator qualified and approved for

each omitted maneuver.

Proposed § 61.58(e)(1) would have

had the effect of requiring a flight

simulator qualified as Level B or higher

to satisfy the requirements of § 61.58,

since only Level B or higher level flight

simulators are qualified for landing.

FSI commented that exemptions have

allowed successfully an alternative that

permits the proficiency check to be

accomplished in flight simulators not

qualified for landing. That alternative

requires the applicant to complete an

approved curriculum, hold a type rating

in the type aircraft for which the

proficiency check is required, and have

completed three takeoffs and three

landings (one to a full stop) as the sole

manipulator of the flight controls within

the 90 days preceding the proficiency

check.

The FAA agrees that the alternative is

a current and acceptable practice.

Therefore, paragraph 61.58(e) is

reworded to include this alternative.

Paragraphs 61.58 (e)(2) and (e)(3)

contain proposals pertaining to circling

approaches and landings in certain

simulators. For example, under the

proposed rule, a proficiency check,

which requires a circle-to-land

maneuver, would have to be

accomplished in a flight simulator

equipped with a visual system that

permits accomplishment of the circling

approach task. If the flight simulator

used is not qualified for circling

approaches and the applicant does not

demonstrate circling approaches at the

training center, proposed § 61.58(e)(2)

would require that the training center

annotate the applicant’s records with

the statement, ‘‘Proficiency in circling

approaches not demonstrated.’’ In

addition, proposed § 61.58(e)(2) would

restrict the applicant from performing

circling approaches as PIC, during

conditions less than basic VFR weather

minimums. This proposed restriction

would remain until proficiency in

circling approaches in either an aircraft

or a flight simulator qualified for

circling approaches is demonstrated to a

person authorized by the Administrator

to conduct the required check.

FSI commented that helicopter pilots

should not be required to perform

circling approaches to satisfy the

requirement of this section because, in

essence, a helicopter can land to a

downwind hover, then make a hovering
34520 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

turn to make a landing to touchdown

into the wind.

While this comment may have merit,

the FAA did not propose to change the

circling approach requirement. This rule

considers what tasks may be

accomplished by use of simulation,

either now or in the future, but does not

attempt to determine what tasks should

be required for any particular certificate,

rating, or privilege. Those tasks are

being evaluated in a separate

rulemaking project (phase II of the part

61, 141, and 143 review).

Airbus commented that § 61.58(e)(3)

is not appropriate for training centers

providing training for part 121 and part

135 certificate holders. It continues that

an air carrier’s operations specifications

prohibit circling approaches unless the

pilot is qualified to perform circling

approaches, and that the approved

training for a particular air carrier does

not require training in circling

approaches unless the employing air

carrier is approved to conduct circling

approaches. Airbus suggests that this

paragraph be written to exclude

applicants who are currently employed

by a part 121 or part 135 certificate

holder.

The FAA agrees in part with the

commenter. The comment appears to

pertain to proposed § 61.157 however.

Therefore, the commenter’s suggestion

will be addressed in the preamble

discussion pertaining to proposed

§ 61.157.

Section 61.58(f) proposed that, in

order to accomplish the recurrent check

entirely in a flight simulator, the pilot

must have performed the 12-and-24-

month proficiency checks in an aircraft,

as described in § 61.58(a) (1) and (2).

FSI and Simuflite Training

International (SFI) commented that the

words ‘‘if an applicant for a check

required by this section has not

satisfactorily completed a PIC check

within the period required by paragraph

(a)(1) or (a)(2) * * * ’’ that appear in

proposed § 61.58(e) are essentially the

same as the provisions contained in

proposed paragraph (f) which reads as

follows:

(f) If a pilot has not completed a pilotin-command proficiency check within

the period required by paragraph (a)(1)

or (a)(2) of this section, that pilot must

complete the required pilot-incommand proficiency check in an

aircraft.

These commenters point out that both

paragraphs would therefore preclude

reestablishment of PIC proficiency by

use of a simulator, which may be more

restrictive than current exemptions.

The FAA agrees. It was not intended

to propose that § 61.58(e) be made more

restrictive than recent practice has

allowed. Accordingly, § 61.58(e) has

been reworded in the final rule.

Paragraph (e) now reads as follows:

(e) A check or a test described in

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

section may be accomplished in a flight

simulator qualified and approved under part

142 of this chapter subject to the following:

(1) Except as allowed in paragraphs (e)(2)

and (e)(3) of this section, if an otherwise

qualified and approved flight simulator used

for a pilot-in-command proficiency check is

not qualified and approved for a specific

required maneuver—

(i) The training center shall annotate, in the

applicant’s training record, the maneuver or

maneuvers omitted; and

(ii) Prior to acting as pilot in command, the

pilot shall demonstrate proficiency in each

omitted maneuver in an aircraft or flight

simulator qualified and approved for each

omitted maneuver.

(2) If the flight simulator used pursuant to

this paragraph is not qualified and approved

for circling approaches—

(i) The applicant’s record shall be

annotated with the statement, ‘‘Proficiency in

circling approaches not demonstrated;’’ and

(ii) The applicant may not perform circling

approaches as pilot in command when

weather conditions are less than the basic

VFR conditions described in § 91.155 of this

chapter, until proficiency in circling

approaches has been successfully

demonstrated in an approved simulator or

aircraft to a person authorized by the

Administrator to conduct the check required

by this section.

(3) If the flight simulator used pursuant to

this paragraph is not qualified and approved

for landings—

(i) The applicant must hold a type rating

in the airplane represented by the simulator;

and

(ii) Have completed, within the preceding

90 days, at least three takeoffs and three

landings (one to a full stop) as the sole

manipulator of the flight controls in the type

airplane for which the pilot-in-command

proficiency check is sought.

In an apparent reference to proposed

paragraph (g), which required a pilot’s

first PIC proficiency check to be

accomplished in an aircraft, FSI

commented that it believes that part 142

will have the same supervision and

scrutiny required of training programs

currently conducted under part 121, and

that even the first proficiency check

should be allowed in a flight simulator,

as currently permitted under § 121.439

(sic). (Apparently the commenter was

referring to § 121.441.)

The FAA has considered the comment

in the overall context of increasing the

use of simulation in lieu of checking in

an aircraft. The inclusion of a certificate

limitation, as described in the

discussion of §§ 61.64 and 61.158,

requiring SOE for certain less

experienced pilots, will assure that

pilots first due a PIC proficiency check

in a specific type aircraft will have had

some aircraft experience. Accordingly,

after further consideration, the FAA has

concluded that proposed paragraph (g)

is unnecessary and it has not been

adopted.

Proposed paragraph (i) stated the

following:

(i) If a pilot takes the check required by this

section in the calendar month before, or the

calendar month after, the month in which it

is due, the pilot is considered to have taken

it when due, and future proficiency check

due dates do not change.

AMR commented, ‘‘The proposed

paragraph 61.58(i) leaves open the same

questions that the existing language in

parts 61.58(g) and 135.301(a) leave

open. The proposed paragraph

establishes a base month, and a 90-day

window for checking.’’ AMR continues

that there are any number of good

reasons why a pilot may not get the

check required by this section within

the specified time period, and that the

proposed language does not address the

case of a pilot whose currency has

lapsed. It recommends that the period

for checking be extended to include the

period from the month before the month

a check is due until 2 months after the

month a check is due. It further

recommends that another subparagraph

be added to specify that, for those pilots

who do not complete a proficiency

check during the period due, a new 12-

month period for proficiency check due

dates will begin upon completion of the

proficiency check.

The FAA does not agree that

extending the acceptable time period for

completion of a proficiency check for 2

months beyond the due date, and

allowing a total window of 4 months for

an annual proficiency check, is

warranted. Safety dictates that a pilot’s

proficiency be checked regularly and

with some degree of frequency. The

FAA has found it acceptable to conduct

annual proficiency checks. The scenario

described by the commenter would

allow annual proficiency checks to

become 14-month proficiency checks.

The FAA does not agree that a new

provision is necessary for pilots whose

currency has lapsed. Paragraph (a)

speaks to such a situation in that the

pilot must be able to look back over the

current month and the preceding 12

months or 24 months and find that he

or she has completed the required

check.

AIA and Boeing commented that this

section should not contain new flight

training device definitions.

Flight training device definitions are

contained in § 61.2 as adopted, and the

rationale for adding those definitions is
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34521

provided in the discussion of that

section.

As discussed above, the FAA has

revised proposed paragraph (e) and

deleted proposed paragraphs (f), (g) and

(i), and redesignated remaining

paragraphs accordingly. This section is

adopted with the changes discussed.

§ 61.63 Additional aircraft ratings

for other than airline transport pilot

certificate (for parts 121 and 135 use

only).

The FAA proposed to revise this

section title to make it clear that this

section is applicable only to applicants

who are pilot crewmember employees of

a part 121 or part 135 certificate holder.

This section would continue to set forth

the requirements for adding additional

aircraft ratings to pilot certificates other

than ATP certificates.

The NPRM proposed a new § 61.64,

titled ‘‘Additional aircraft ratings for

other than airline transport pilot

certificates (for other than parts 121 and

135 use).’’ This proposed section

contains provisions for adding ratings

for airmen other than pilots applying for

an additional type rating through

successful completion of a part 121 or

part 135 approved training program.

The detailed testing guidelines are

contained in FAA Practical Test

Standards. More discussion on PTS

follows in subsequent paragraphs, and

under the analysis of comments about

proposed § 61.158 and appendix A of

part 61).

Several commenters, including TWA,

said that the phrase, ‘‘(for parts 121 and

135 use only)’’ is confusing, and that the

FAA should ‘‘enforce one, and only one,

set of standards for an ATP certificate.’’

Crew Systems said that the proposals

appear to create two types of pilot

certificates, one for part 121 and part

135 operations and one for all other

operations.

The FAA has but one set of standards

for the ATP certificate, or for any other

certificate. Section 61.63 and § 61.64 are

written differently to articulate the

different procedures for gaining added

ratings, including an added rating to the

ATP certificate. Neither section

addresses standards for the application

of the ATP certificate. Part 61 has for

years listed, under several paragraphs

entitled ‘‘Flight proficiency’’, broad

areas of operations in which each

applicant must demonstrate competence

to be awarded any airman’s certificate

except for the ATP certificate. For the

last several years, the specific tasks

appropriate for an applicant for any

certificate or rating, the conditions

under which the tasks are to be

performed, and the standards for each

task have been published in PTS.

Additionally, the FAA points out that

there are now and have been for many

years at least two different ways to gain

an ATP certificate, or ratings to that

certificate, or both. The certificate and

ratings may be earned pursuant to the

successful completion of an air carrier

training program or by meeting the

requirements of § 61.63 or § 61.157

outside an air carrier training program.

Sections 61.63 and 61.64 recognize the

different ways to gain added ratings,

and address the use of simulation for

each of those ways.

AIA, Boeing, and AMR commented

about this section (and § 61.64) in

general. They stated that these sections

are redundant, and that the

requirements for a type rating or an ATP

should be the same regardless of the

employment status of the airman

concerned.

NATA commented that there was

insufficient basis for the formation of

what amounts to two types of ATP

certificates, and that the certification

standards for additional ratings should

be the same regardless of employment.

These comments were similar to several

others.

To clear some confusion apparently

held by the commenters referenced in

the previous paragraph, the FAA points

out that § 61.63 (and new § 61.64) set

forth the proposed requirements that

would have to be met to add all

additional ratings to airman certificates

other than the ATP certificate, but not

the requirements for the ATP certificate

nor added ratings to that certificate.

As stated earlier in the discussion of

this section, the FAA agrees that there

is only one standard for any added

rating. The commenters have observed

that there have been two different sets

of certification requirements (but not

standards) for an added rating to the

ATP certificate. One requirement is the

PTS, which requires all applicants who

are not applying by virtue of having

successfully completed an employing

air carrier training program to complete

all listed tasks. Another requirement,

appendix A of part 61, allows waiver of

training, testing, and checking of tasks

that are excluded by an air carrier’s

operations specifications for those

applicants who are applying by virtue of

having successfully completed an

employing air carrier training program.

Airbus commented that proposed

§ 61.63 this section inadvertently

imposes an unnecessary economic

burden on training centers of aircraft

manufacturers which manufacture

airplanes to meet the standards of part

25. It states that this section proposed

§ 61.63 should be applicable to FAA

inspectors and employees of a

manufacturer training center, along with

aircrew employees of a part 121 or part

135 certificate holder.

The FAA does not see a different

economic impact as a result of applying

the alternatives of this section, instead

of § 61.64, to individuals who are not

aircrew employees of a part 121 or part

135 certificate holder. The persons

mentioned by the commenter have

always been required to complete all the

requirements now enunciated in

§ 61.64; the exclusion from the

requirement to train and test in certain

tasks (for example, the circling approach

maneuver) never applied to a pilot not

employed by a certificate holder subject

to the operating rules of part 121.

Therefore, the requirements of § 61.64

are not additional requirements for the

persons mentioned by the commenter,

and do not impose an additional

economic burden.

In response to the comment about the

requirements to be met by FAA

inspectors to gain an added rating, the

FAA is clear that the requirements for

an individual airman apply to an FAA

inspector.

For the reasons described, this section

is adopted as proposed.

§ 61.64 Additional aircraft ratings

for other than airline transport pilot

certificates (for other than part 121 and

135 use). The FAA proposed in

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

section that an applicant who holds a

pilot certificate and applies to add a

category or class rating must present a

record of training certified by an

authorized flight instructor showing that

the applicant has accomplished certain

training. Paragraph (d)(1) proposed that

an applicant who holds a pilot

certificate and applies to add a type

rating must present a record of training

certified by an authorized ground or

flight instructor showing that the

applicant has accomplished certain

training.

In addition to the comments on this

section already addressed in the

discussion relating to proposed § 61.63,

FSI commented that the wording of

proposed §§ 61.64(b)(1), (c)(1), and

(d)(1) be changed to delete the words

‘‘flight’’ and ‘‘ground’’ wherever they

appear before the word ‘‘instructor.’’ In

essence, it says that, as proposed, this

section would not allow authorized

instructors, who do not hold flight

instructor certificates, to certify flight

training accomplished in simulation. It

states that this practice already is

permitted under existing exemptions.

The FAA agrees. Accordingly, the

final rule incorporates the revisions

suggested by FSI.

Paragraph (e) proposed the following:
34522 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(e) The tasks required by paragraphs (b),

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

in—

(1) An airplane of the same type, for which

the type rating is sought; or

(2) Subject to the limitations of paragraph

(e)(3) of this section, a flight simulator or a

flight training device that represents the

airplane type for which the type rating is

sought.

(3) The flight simulator or flight training

device use permitted by paragraph (e)(2) of

this section shall be conducted in accordance

with an approved course at a training center

certificated under part 142 of this chapter; or

(4) In another manner approved by the

Administrator.

STI asked, ‘‘What could be a possible

(sic) another manner approved by the

Administrator?’’ It asked if the intent is

to allow current part 61 exemption

holders to submit a program outside of

a part 142 certificated training center.

STI believes that to do so would allow

organizations to offer additional type

ratings without a part 142 certificate,

and that would negate ‘‘the level

playing field for all operators subject to

part 142 certification.’’

The new rule will allow current part

61 exemption-holding simulator

training centers to continue to operate

only if they obtain a part 142 certificate.

The phrase in question was intended to

allow for approval of unforeseen

circumstances for completing the tasks

required to obtain a part 142 certificate

without changing the rule. The FAA has

determined, therefore, that proposed

paragraph (e)(4) can be withdrawn and

has renumbered several paragraphs

accordingly.

In a general comment concerning

actual aircraft flight experience, the

NTSB stated the following:

The Safety Board realizes that there are

limitations to simulation and believes that

the proposed regulations must be sensitive to

the safety needs served by retaining some

aspects of actual flight experience.

The NTSB continued:

The Safety Board recognizes that

experience in * * * training devices cannot

fully replicate operational experience in the

actual flight environment and the

‘‘seasoning’’ that such experience provides

* * *. The Safety Board urges the FAA to

review the proposed regulations to ensure

that they achieve the intent while still

safeguarding basic pilot and instructor skills

provided by the physical operating

environment.

In another comment addressing

general experience in actual aircraft

flight, ALPA stated the following:

While it is true that aircraft simulation has

reached unparalleled levels of realism, and

we strongly support increased use of

advanced simulation, there are other factors

which are important, especially for low-time

pilots.

One factor is familiarity with and

management of the air traffic control (ATC)

environment. Unless every simulator flight is

conducted as line oriented flight training

(LOFT), a great deal of the required ATC

interaction is missed. Under ideal

circumstances, LOFT will include realistic

interaction with ATC and other aircraft.

Unfortunately, LOFT sessions are not always

conducted with this degree of environmental

realism. It is the operation and decisionmaking experience which one receives in an

aircraft in an ATC environment, including

interaction with other aircraft, which makes

them a safer pilot. This is especially

important early in a pilot’s learning

experience.

ALPA added: ‘‘For these reasons,

caution should be exercised in relying

too heavily on simulator training in a

pilot’s early training and experience,’’

and ‘‘A pilot who is a candidate for an

ATP has likely flown for a commercial

operator for several years. * * *’’

The FAA agrees with the commenters’

analysis of the importance of actual

aircraft experience when an applicant

will use flight simulation for a large

portion of required training and testing.

The FAA has had, for years,

mechanisms for part 121 air carriers and

for part 91 and part 125 operators to

ensure the flying public that PIC’s have

actual aircraft experience prior to acting

as PIC for aircraft requiring a type

rating. Part 121 has a requirement for a

potential PIC to receive specified initial

operating experience (commonly known

as IOE, required by § 121.434) under the

supervision of a check pilot. This

operating experience requirement

applies only to the ATP certificate.

Notwithstanding the recency of

experience requirement of § 61.57,

experienced pilots who operate under

part 91 or under part 125 have no

further operating experience

requirement. Relatively inexperienced

pilots who intend to operate under part

91 or under part 125 and who gained an

airman certificate with a type rating or

added a type rating to any level of

airman certificate entirely by training

and testing in a flight simulator have

had a limitation placed on their airman

certificate requiring operating

experience similar to that required by

§ 121.434. The terms of exemptions

permitting these pilots to train and test

entirely in flight simulators defined the

experience level thresholds and set the

requirements for SOE. The SOE

requirement applies to any level of

airman certificate. The SOE requirement

applies only to a pilot who is to act as

PIC for the first time in a particular type

aircraft, and may be completed under

the supervision of another qualified and

current PIC.

In light of its long-standing

requirements for operating experience

for new PIC’s of aircraft requiring a type

rating and to implement the NTSB

recommendations and those of other

commenters, the FAA is convinced that,

in the interest of safety, it is essential to

continue requirements for sufficient

operating experience before newly

certificated or rated pilots act as PIC’s of

aircraft requiring a type rating.

For the reasons discussed in the

preceding paragraphs, the FAA has

added new paragraphs (e)(4) through

(e)(12) specifying SOE requirements for

certain less experienced pilots who

apply for an additional rating. These

revisions are fully responsive to the

NTSB’s and ALPA’s comments. They

reflect current FAA practice with

limitations contained in exemptions or

placed directly on pilot certificates or

ratings obtained through simulation.

With the exception of the revisions

discussed above, § 61.64 is adopted as

proposed.

§ 61.65 Instrument rating

requirements. The FAA proposed in

paragraph (c)(3) of this section, that an

applicant for an instrument rating

would have to have received instruction

in instrument approaches using two

different nonprecision approach

systems and one precision approach

system. Paragraph (g)(3)(i) proposed that

the practical test for the instrument

rating must include at least one

published precision, nonprecision, and

circling approach. Previously, this

section had listed specific types of

precision and nonprecision instrument

approaches that an applicant had to

receive instruction for, and had to

satisfactorily accomplish, during

practical testing.

One commenter said that this section

should continue to list specific nonprecision and precision approaches that

an applicant must train for and show

competence in, instead of changing to

the generic description, as proposed.

The FAA believes that this change

will help keep the rule from being or

becoming obsolete and will provide

relief to some applicants. With everchanging technology, some instrument

approaches may become obsolete in a

few years. New instrument approaches

have been added since the current rule

was written, and other new ones are

certain to be added.

For the reasons discussed, paragraphs

(c)(3) and (g)(3)(i) are adopted as

proposed.

Section 61.65(e)(2)(ii) proposed that

the 20 hours of instrument instruction

by an authorized instructor in a flight

simulator or flight training device,

currently allowed under part 61, be
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34523

increased to 30 hours of instruction in

a flight simulator or flight training

device if the instruction is

accomplished in an approved course

conducted by a training center

certificated under part 142.

Paragraph (h)(1) of the proposed

revision to this section would permit

the total pilot aeronautical experience

requirement for the instrument rating to

be reduced from 125 hours of pilot flight

time as currently required by

§ 61.65(e)(1) to 95 hours of pilot flight

time, which may include 35 hours of

simulated or actual instrument flight

time if the entire instrument curriculum

is accomplished under an approved part

142 course.

Andrews University asked why the

increase in credit, and why part 141

pilot schools could not also have an

increase to 30 hours.

AMR Combs (AMR), an affiliate of

American Airlines, and NATA

commented that the proposals for

certain reductions in aeronautical

experience or instructional hours for the

instrument rating conducted at a part

142 training center place part 141 pilot

schools at a competitive disadvantage.

They recommended that the FAA grant

similar authority to part 141 schools

that have approved flight simulators or

flight training devices.

Jeppesen-Sanderson commented that

if a reduction of required hours from

125 hours of pilot flying time to 95

hours is valid for part 142 then it is

valid for part 141.

Another commenter said that the

proposed reduction of pilot flying time

to 95 hours under proposed paragraph

(h)(i) does not do justice to the level of

exposure a person should have to

operate safely in the IFR environment.

The commenter continues that he can

attest to the difficulties encountered

when experience requirements were

reduced from 200 to 125 hours. The

commenter believes that the level of

skill required of the single-pilot IFR

operation is the most demanding in

aviation. The commenter states that the

rigid oversight proposed for part 142 is

commendable, but inadequate to

compensate for the lack of experience.

The FAA believes that the proposed

changes discussed above are justified

based on innovative training concepts

that will be a feature of part 142 training

centers. The reasons for the creation of

a new training entity and assigning

specific authorities and privileges to it

are discussed under a previous section

in this document entitled ‘‘Discussion of

the Amendments and the New Rule.’’

While part 141 allows the use of

ground trainers, except for part 121 and

part 135 certificate holders training their

own aircrews, under this final rule, all

flight simulator training, testing, and

checking for which an airman is to

receive credit to satisfy any requirement

of 14 CFR must be accomplished in part

142 training centers. These training

centers will be subject to more stringent

training program requirements than part

141 pilot schools. Part 142 training

centers will be substantially more

sophisticated than schools certificated

under part 141 by virtue of the use of

the most advanced levels of flight

simulation. They will have considerably

more detailed and structured training

programs, their instructors will be

subject to more demanding

qualifications, and they will have more

interaction with potential air carrier

clients than part 141 pilot schools have.

Experience has shown that there is a

greater efficacy in more structured

training using high fidelity simulation

than in traditional aircraft-only or

aircraft and complementary flight

training device training such as

provided by a part 141 pilot school. At

present, under § 141.41, a part 141 pilot

school may use a flight simulator only

to the extent that a flight training device

may be used. The requirements for the

part 142 certificate are discussed in

more detail in the applicable section-bysection discussion.

In response to the comment about

placing part 141 pilot schools at an

economic disadvantage, the FAA

believes that the considerations

discussed above justify the treatment

afforded part 142 training centers. For

the reasons discussed, the aeronautical

experience requirements for the

instrument rating can be reduced as

proposed; all other proposals discussed

above also are adopted in the final rule.

§ 61.67 Category II pilot

authorization requirements.

The FAA proposed in paragraph (c)(4)

of this section that the practical test for

this authorization include approaches

that need not be conducted down to the

alert height or decision height, as

applicable, authorized for Category II

operations but only if the approaches

are conducted in a flight simulator or

flight training device. This section

applies only to ILS approaches, since

Category II applies only to ILS

approaches by definition.

Airbus Service Company, Inc.,

(Airbus) commented that references to

ILS in this section should be deleted,

since other means of conducting

Category II operations will soon be

available. It also recommended that

references to alert height be deleted,

because it is not appropriate for

Category II operations.

The FAA agrees that other means of

conducting precision instrument

approaches may soon be available.

Those approach procedures may not

include different categories, as ILS

procedures do. It would not be

appropriate to determine category

requirements for other instrument

approach procedures that do not yet

exist. Therefore, the references to ILS

contained in the proposed rule (this

section and § 61.68) are adopted in this

final rule.

The FAA agrees that alert height is a

term not normally applicable to

Category II operations, and the term is

deleted in the final rule.

The FAA stated in paragraph (d)(3) of

this proposed section that oral

questioning could be conducted at any

time during the flight increment of the

practical test.

One commenter stated that oral

questioning must never be allowed

during the operation of an aircraft. He

states that the demands placed on an

applicant being tested are great enough

without the applicant having to

interrupt a train of thought to answer a

question.

The FAA agrees that an applicant

should not be carelessly questioned

during the conduct of a practical test.

Routine questions that can be effectively

conducted in an interview situation

while on the ground should and will be

conducted on the ground to the

maximum extent possible. However, the

FAA believes that it is in the interest of

safety to allow evaluators to conduct

limited oral questioning during the

practical test. The FAA needs to be able

to determine that an applicant is

capable of recognizing and responding

to outside questions, statements, or

directions. A verbal warning from air

traffic control (ATC) or another

crewmember, an ATC inquiry about the

status of flight progress or windshear

encounter, report of a windshear, traffic,

or other hazard to landing are examples

of outside questions or interruptions

that a crewmember must be able to cope

with and respond to in the interest of

safety. An effective method to determine

that an applicant can cope with these

examples and all the requirements of a

practical test is to allow the person

conducting the practical test to insert

realistic distractions or to make

simulated instructions or warnings to an

applicant during the actual conduct of

practical tests.

The FAA has determined that the

duration of this authorization should

remain in § 61.21. Accordingly,

proposed paragraph (e) is not adopted.

For the reasons discussed above, this

paragraph is adopted as proposed
34524 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

except for the changes discussed, minor

typographical corrections, and deletion

of the term ‘‘alert height.’’

§ 61.68 Category III pilot

authorization requirements. This new

proposed section sets forth the

requirements for a pilot to conduct

Category III operations. Several part 121

certificate holders commented that the

section should be amended to include

the authority for part 121 and part 135

certificate holders to conduct the

authorization practical test pursuant to

their approved training programs.

The FAA agrees that part 121 and part

135 certificate holders should be

authorized to conduct the practical test

pursuant to their approved training

programs. A new § 61.3(j) is adopted (as

§ 61.5 (j) by this final rule to permit this

practice.

The FAA stated in paragraph (e)(4) of

this proposed section that oral

questioning could be conducted at any

time during the flight increment of the

practical test.

Boeing and AIA commented that

paragraph (e)(4) should be amended to

clarify that the oral increment and flight

increment do not occur simultaneously.

The FAA agrees that the two

increments should be separate to the

extent possible, but believes that the

authority of inspectors and examiners to

ask clarifying questions during the flight

increment as and if necessary should be

stated in the rule. See the discussion of

oral questioning during the flight

increment of the practical test in the

analysis of § 61.67. Therefore, paragraph

(e)(4) is adopted as proposed.

Crew Systems commented that

inclusion of Category III pilot

authorization provisions in this

rulemaking is inappropriate, for such

provisions do not relate to the purpose

of the rulemaking-the certification of

training centers.

One objective of this rulemaking is to

facilitate the use of simulation and to

cause growth in that industry. One task

that flight simulators are being used for

now, and almost certainly will be more

in the future, is Category III training and

testing. Thus, the provisions of this

proposed section relate directly to the

primary purpose of this rulemaking.

AMR commented that the

‘‘excruciatingly detailed practical test

procedures in proposed paragraph

61.68(e)’’ are not appropriate regulatory

material. It suggests that the FAA delete

proposed paragraph (e) of § 61.68 in its

entirety. It recommends that the

proposed training and practical test

procedures be included in AC 120–28C,

or published in PTS. Ferrarese

Associates, Inc., made essentially the

same comment.

The FAA has determined that it is

appropriate to set forth those mandatory

requirements for experience and testing

of airmen applying for Category III

authorization in a regulation. An

advisory circular gives non-mandatory

advice only for a means, but not the

only means, to accomplish certain

actions. The information in this section

is similar to the regulatory language

concerning Category II approach

authorization, contained, for many

years, in § 61.67.

The FAA has determined that the

duration of this authorization should

remain in § 61.21. Accordingly,

proposed paragraph (f) is not adopted.

With this change, this section is adopted

as proposed.

§ 61.109 Airplane rating:

Aeronautical experience. The FAA

proposed to allow credit for instruction

received in approved flight simulators

and approved flight training devices in

this section. The FAA previously

required 20 hours of flight instruction,

and all of that instruction must have

been received in an airplane.

Under this proposed section, a

maximum of 2.5 hours of flight

simulator or flight training device

instruction from an authorized

instructor is creditable toward the 20

hours of flight instruction required for a

private pilot certificate, whether or not

that instruction is accomplished in a

training center certificated under part

142. The 2.5 hours of instruction time

may be increased to 5 hours of

instruction in a flight simulator or flight

training device, provided the instruction

is accomplished in an approved course

conducted by a training center

certificated under part 142.

The flight instruction received in a

flight simulator or flight training device

must be accomplished in a flight

simulator or flight training device

representing an airplane.

Previously, § 61.109 required at least

40 hours of flight instruction and solo

flight time. Under this proposed section,

the 40 hours of aeronautical experience

may be reduced to 35 hours provided

that the entire private pilot curriculum

is accomplished under an approved part

142 course.

The 35 hours of aeronautical

experience may be further reduced

under paragraph (i) of this section if the

applicant completes an approved

private pilot course and if the

Administrator determines that a further

reduction is appropriate based on a

demonstration of training program

effectiveness that warrants testing such

a reduction. Under this exception, a

training center might propose a test

training curriculum the effectiveness of

which might be validated by reference

to post-training data covering at least 1

year of student performance before such

a reduction could be considered for

other students.

Andrews University commented that

it agrees with this proposed section.

The Japanese Civil Aviation Bureau

commented that the reduced

aeronautical experience requirements of

this section and §§ 61.113, 61.129, and

61.131 may have an impact on

Convention on International Civil

Aviation (ICAO) agreements, in that

students meeting reduced aeronautical

experience requirements may not meet

ICAO member states’ requirements for

certificates based on a U.S. certificate.

The FAA points out that the reduced

aeronautical experience requirements

authorized for part 142 training centers

are the same as the reduced aeronautical

requirements that have been authorized

for part 141 pilot schools for many

years. Therefore, certificates and ratings

issued under part 142 would have the

same ICAO member states’ acceptance

as certificates and ratings issued under

part 141. The provision of paragraph (i),

which might allow a particular course

with fewer hours of aeronautical

experience than otherwise specified in

this section, might lead to a limitation

on an airman’s certificate that is similar

to the limitation specified in § 61.111(c)

and in several other sections in this

part.

ALPA commented that the preamble

discussion of paragraph (i) of this

section, and similar paragraphs

contained in other proposed sections,

includes vague statements of data that a

training center would have to track to

validate its ability to train effectively in

fewer than the minimum number of

hours specified in each proposed

section.

The FAA agrees that the few terms

offered as examples are not elaborately

discussed. The intention is to allow

maximum flexibility to a training center

to develop, at some future date,

innovative curriculums that might

adequately train for a specific certificate

or rating in fewer than the current

minimum number of hours. In order to

gain the privilege of further reducing

minimum training hours, a training

center will be required to demonstrate

that it can provide proper training in

fewer hours. To accomplish this, it

would have to propose a method of

tracking graduates and collecting data to

validate training program effectiveness.

Data to be tracked to point to program

effectiveness might include incidents,

accidents, hours flown, and type of

flying. A training center would have to

present historical data covering at least
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34525

1 year (or other period of time approved

by the Administrator) before it could be

granted a reduction in the minimum

hours prescribed in this section. Data

covering performance over this period

of time is considered necessary to

properly evaluate student performance.

Data covering a shorter term would not

be sufficient to allow the FAA to

evaluate performance during varying

seasonal conditions.

ALPA also commented that 1 year of

data collection is an inadequate period

to collect data from which to draw

conclusions used to validate the

effectiveness of training students in

fewer than the minimum number of

hours set forth in the proposed rule. In

support of this comment, it stated that

accident and incident rates are difficult

to quantify for even 10-year periods.

The FAA points out that accidents

and incidents are just examples of pilot

performance that may be tracked, and

are not meant to be the only items

tracked. The FAA believes that it is in

the public interest, and safe, to allow a

reduction if data collected and

evaluated justify such a reduction. If the

performance data do not clearly justify

the reduction, none will be undertaken.

If, after a test is undertaken, the FAA

determines that the performance of the

pilots in the test group is below

standard, the FAA will modify the

validation data collection period or any

other control measure that may be

indicated.

AMR commented that part 141 pilot

schools would be at a disadvantage in

that, unlike training centers, they would

not be permitted to reduce the number

of hours of aeronautical experience as

proposed in this and similar sections. It

recommends that pilot schools be

allowed the same opportunity if the

pilot school has approved flight

simulators or flight training devices.

The minimum number of hours of

aeronautical experience proposed in the

NPRM for purposes of part 142 is the

same aeronautical experience required

under part 141 for several years. The

potential for an even further reduction

is extended to part 142 training centers

only, because the FAA is convinced that

further reduction would be possible at

this time only under the more

sophisticated training environment

required of these schools.

AMR also commented that in the

training environment it is relatively

normal for a student to have more than

one instructor during a course of

instruction. Proposed § 61.109(a), it

points out, speaks of a singular

instructor, as does the existing

regulation. To better reflect the training

center environment, and to avoid the

implication that a trainee must have one

and only one instructor, it recommends

that the proposed language be changed

to say ‘‘flight instruction from an

authorized instructor or instructors.’’

The FAA agrees that students are

likely to have more than one instructor,

and it does not intend to prohibit this

practice. The term ‘‘authorized

instructor’’ as used throughout this final

rule is intended to mean that instruction

may be received from one instructor or

from more than one instructor. The

interpretive rules in 14 CFR part 1 state

that words importing the singular

include the plural, and that words

importing the plural include the

singular.

Therefore, for the reasons stated, this

section is adopted as proposed.

§ 61.113 Rotorcraft rating:

Aeronautical experience. Under current

§ 61.113, an applicant for a private pilot

certificate with a rotorcraft category

rating must have at least 40 hours of

flight instruction and solo flight time in

aircraft. Instruction in flight simulators

or flight training devices is not

authorized. The FAA proposed in

paragraph (a)(1) of this section that the

40 hours of flight instruction and solo

flight time must include at least 20

hours of flight instruction from an

authorized flight instructor.

AMR made substantially the same

comment that it made about proposed

§ 61.109 about a student having more

than one instructor. See that section for

the FAA response.

With minor revisions to its format and

structure, this section is adopted as

proposed.

§ 61.129 Airplane rating:

Aeronautical experience. Under

proposed § 61.129(b), an applicant for a

commercial pilot certificate with an

airplane rating would have to have at

least 250 hours of flight time as a pilot,

which could include not more than 50

hours of instruction in a ground trainer

acceptable to the Administrator.

Under proposed § 61.129(b)(1)(ii), up

to 100 hours of flight simulator

instruction or flight training device

instruction could be credited toward the

250 hours of total flight time if the

instruction is accomplished in an

approved course conducted by a

training center certificated under part

142. To be credited toward the total

flight time requirement for a commercial

pilot certificate, flight simulator or flight

training device instruction received

would have to be accomplished in a

flight simulator or flight training device

representing an airplane.

AMR, in a comment identical to

several others, commented that the

terms of proposed § 61.129(b)(1)(ii)

should be made applicable to training

under part 121, part 135, part 141, or

SFAR 58.

For reasons discussed in the analysis

of comments to § 61.65, additional flight

time may be performed in a simulator

and credited toward total flight time,

only if the simulated flight time is

accomplished in accordance with a

training program approved under part

142, part 121, or part 135.

NATA commented that this section

should be left unchanged.

Jeppesen-Sanderson commented that

an approved part 142 commercial

course would allow all training,

including cross-country experience, to

be conducted in a flight simulator or

flight training device, and that ‘‘* * * it

is impractical to conduct the entire

commercial training program in a

simulator or flight training device.’’

In fact, the proposed rule would not

affect the current requirement

pertaining to cross country flights, and

it proposed that a maximum of 100

hours of the total of 190 hours of

aeronautical experience may be

accomplished in a flight simulator

under part 142. The justification for

permitting up to 100 hours of training

to be accomplished in a flight simulator

may be found in the discussion of

comments to § 61.65 and in the section

of this document entitled ‘‘Discussion of

the Amendments and the New Rule.’’

The FAA has decided to omit the

words ‘‘Approved commercial pilot

training program conducted under part

142’’ from the title of paragraph (c).

Paragraphs within a section do not

normally have titles. With this change,

this section is adopted as proposed.

§ 61.131 Rotorcraft rating:

Aeronautical experience. Under current

§ 61.131, an applicant for a commercial

pilot certificate with a rotorcraft

category rating must have at least 150

hours of flight time, including at least

100 hours in powered aircraft, 50 hours

of which must have been in a

helicopter.

Under the proposed revision to this

section, the applicant may obtain 35

hours of credit toward total flight time

requirement in a flight simulator or

flight training device, or a credit of up

to 50 hours of the total required flight

time in a flight simulator or flight

training device if the flight simulator

time or flight training device time is

obtained from a training center

certificated part 142. Previously, there

was no provision for crediting flight

simulation time toward this rating.

Under the proposed rule, to be credited

toward the total 150-hour flight time

requirement, flight simulator or flight

training device instruction received
34526 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

would have to be accomplished in a

flight simulator or flight training device

representing a rotorcraft.

A provision to allow a further

reduction of the 150-hour flight time

requirement, based on demonstrated

ability to accomplish training

requirements in less time, was also

proposed.

AMR commented that the ratio of

dual time to solo time is out of balance,

and that each of those categories of

aeronautical experience should be

adjusted.

The ratio of dual to solo aeronautical

experience is not appropriate to

consider in this rule, which is aimed at

increased use of simulation. The NPRM

did not propose any changes to either

solo or dual flight time requirements.

With minor typographical changes,

this section is adopted as proposed.

§ 61.155 Airplane rating:

Aeronautical experience. The FAA

proposed to amend this section to allow

more credit for the use of simulation

toward the total required aeronautical

experience requirement for an airplane

rating on an ATP certificate.

Under existing § 61.155 (b)(2), an

applicant for an ATP certificate with an

airplane rating must have had at least

1,500 hours of flight time as a pilot,

including, among other things, at least

75 hours of actual or simulated

instrument time, at least 50 hours of

which were in actual flight. Up to 25

hours could have been obtained in a

simulator.

Under the provisions of paragraph

(a)(2)(iii)(B) (3)(ii) of the proposal, the

25 hours of simulated instrument time

previously allowed could have been

increased to 50 hours if accomplished in

an approved course conducted by a

training center certificated under part

142.

ALPA and Andrews University

commented that it is inconsistent to

propose to allow an increase of only 50

hours of simulated flight time for an

applicant for an ATP certificate since

proposed § 61.129 would permit a

student to credit up to 100 hours of

simulated flight experience toward the

total requirement for the commercial

certificate.

The FAA believes that the proposal is

not inconsistent. The flying hour credit

allowed by proposed § 61.129 was for

total flight hours; the credit in this

proposed section is for simulated

instrument experience. However, in

response to comments, paragraph (a)(3),

as adopted, allows not more than 100

hours of total simulated pilot experience

to be credited toward the total

requirement for this certificate. This

recognizes that those 100 hours could

already be a part of time accumulated in

obtaining a commercial pilot certificate.

NATA and ATA commented, in a

comment similar to that of several of its

member organizations, that the proposal

permitting increased amounts of

simulated flight time to be credited as

aeronautical experience should be

extended to part 121 and part 135

certificate holders, and to holders of

AQP authorization.

It was not the purpose of this

rulemaking to extend increased training

credits to holders of certificates issued

under part 121 or part 135. However,

any curriculum can be organized for

presentation under principles described

by AQP, presented to the FAA for

approval and, upon approval, presented

to aircrew employees of the

authorization holder or, if the

authorization holder also holds a part

142 certificate, to any other person.

Boeing commented that this proposed

section is not applicable to foreign

pilots and military pilots.

The provisions of this proposed

section, however, do apply to military

pilots and foreign pilots.

This proposed section is adopted with

the changes described above.

§ 61.157 Airplane rating:

Aeronautical skill (for parts 121 and 135

use only). The FAA proposed to revise

this section title to make it clear that it

is applicable only to applicants for an

ATP certificate (with an airplane rating)

who are pilot crewmember employees of

a part 121 or part 135 certificate holder

applying pursuant to that employer’s

approved training program. The FAA

proposed a new § 61.158 that applies to

other applicants, as discussed under the

next heading.

Numerous comments were received

concerning this section. In addition to

the persons commenting on proposed

§ 61.63, which concerns a similar

subject, American Airlines (American),

Delta, and FSI commented on this

section. The comments were

substantially the same as the comments

regarding proposed § 61.63.

See the response to comments

concerning proposed § 61.63 for a

discussion of the reasons for reserving

§ 61.63 for part 121 and part 135 use.

The same rationale applies to this

proposed section.

The FAA will continue the practice of

allowing waiver of certain maneuvers,

on an individual basis, as currently

provided in appendix A of part 61 and

the PTS, for those persons who have

successfully completed an employing

air carrier’s approved training program

for the type airplane involved within

the preceding 6 calendar months. The

waiver authority will apply only to

applicants whose employer does not

have the procedure authorized in the

operations specifications, for example,

circling approaches authorized by

operations specifications. The waiver

authority will not apply to all persons

who are employed by an air carrier

simply because of that person’s

employment.

The FAA restructured proposed

paragraph (a) to better conform to

proper outline and grammatical

construction. The subject matter of

proposed paragraph (a)(2) is better

placed in existing paragraph (c).

However, in the final rule, the FAA has

determined that only paragraph (g)

should be added and therefore has

withdrawn proposed paragraphs (a) and

(c).

The FAA has, for years, received

questions about whether completion of

a proficiency check taken under part

121 or part 135 would suffice for the

certification requirements of this

section. The FAA has maintained a

policy that the proficiency checks in

question suffice to meet the certification

requirements of this section. To make

that position clear, the FAA has added

a new paragraph (g) to this proposed

section.

This section is adopted with the

changes discussed.

§ 61.158 Airplane rating:

Aeronautical skill (for other than parts

121 and 135 use). The FAA proposed in

this new section general skill

requirements for each ATP certificate

applicant with a single-engine or

multiengine class rating or type rating if

the applicant is not a participant in an

air carrier training program as an

aircrew employee of an air carrier. This

proposed section was intended to clarify

which certification procedures apply to

aircrew employee applicants of air

carrier approved training programs and

which apply to other applicants.

Paragraph (c) proposed the following:

(c) The tasks required by paragraphs (a)

and (b) of (§ 61.158) shall be performed in—

(1) An airplane of the same class, and, if

applicable, an airplane of the same type, for

which the class rating or type rating is

sought; or

(2) Subject to the limitations of paragraph

(c)(3) of this section, a flight simulator or a

flight training device that represents the

airplane type for which the type rating is

sought, or set of airplanes if the airplane for

which the class rating is sought does not

require a type rating.

(3) The flight simulator or flight training

device use permitted by paragraph (c)(2) of

this section shall be conducted in accordance

with an approved course at a training center

certificated under part 142 of this chapter; or

(4) In another manner approved by the

Administrator.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34527

STI asked, in essence, whether

paragraph (c)(4) is intended to allow

current part 61 simulator exemption

holders to submit a training program for

FAA approval without first obtaining

certification under part 142.

This is the same question that STI

asked concerning proposed § 61.64.

Proposed paragraph (c)(4) is withdrawn

for the same reasons stated in the

response to the comment regarding

proposed § 61.64, and subsequent

subparagraphs have been added to

include the requirements for SOE for

certain pilots who train and test for

added ratings predominately or entirely

by flight simulation.

Several other commenters stated that

the FAA appears to be proposing two

different standards for the ATP

certificate or added ratings to that

certificate, one standard applicable to

applicants who will conduct air carrier

operations and a second standard for

applicants who will conduct other than

air carrier operations. See § 61.64 for the

FAA response to comments made by the

NTSB and ALPA that applies also to

this section.

An editorial change was made to

paragraph (a)(1) of this section to make

the titles of the areas of operation

exactly match the table of contents for

those areas of operation in PTS ‘‘FAA–

S–8081–5.’’ Editorial changes were

made to paragraph (2) to make it clear

that that paragraph applies only to

additional airplane ratings.

Additionally, although no comments

were received about these proposals, the

FAA has withdrawn proposed

paragraph (2) (iii) and (iv) of this section

given that they cover issues not germane

to the objectives of this final rule.

A few part 121 certificate holders

asked if proposed § 61.158 would apply

if a type rating is sought from a trainer

other than one’s own employer.

As proposed, this section would

apply to all applicants, who are not

aircrew employees of a certificate

holder, being trained in accordance with

the requirements of subpart N of part

121 or subpart H of part 135, as

applicable.

Andrews University asked what

minimum level of flight simulator or

flight training device would be required

by proposed paragraph (c)(2) to conduct

a practical test.

As discussed elsewhere throughout

the proposal, the simulation medium, in

addition to the requirements set forth

under proposed paragraph (c)(2), must

be qualified and approved for each

maneuver, procedure, and crewmember

function for which a training center

proposes to use that simulation

medium. The qualification standards are

listed in AC 120–40, as amended, and

AC 120–45, as amended, as applicable.

In addition to the guidance contained in

these AC’s, the FAA is preparing a new

AC 120–46, mentioned earlier in the

discussion under § 61.1, which will

assist training center certificate

applicants by presenting a matrix

showing the level of simulation that is

approved for various maneuvers,

procedures, and crewmember functions.

The availability of that AC will be

announced separately.

This proposed section is adopted with

the changes discussed in the preceding

paragraphs.

§ 61.161 Rotorcraft rating:

Aeronautical experience. Under current

§ 61.161(b), an applicant for an ATP

certificate with a rotorcraft category and

helicopter class rating must have had at

least 1,200 hours of flight time as a

pilot, including 75 hours of instrument

time, 25 hours of which may have been

simulated instrument time in a flight

simulator or flight training device.

Proposed § 61.161 would allow the 25

hours of simulated instrument flight

time to be increased to 50 hours if

accomplished in an approved course at

a training center certificated under part

142. To be credited toward the total

flight time requirement, flight simulator

or flight training device instruction

would have to be accomplished in a

flight simulator or flight training device

representing a rotorcraft.

AMR commented that the 25 hours of

simulated instrument flight time should

be increased to 50 hours if

accomplished under part 121, part 135,

or part 141 if accomplished pursuant to

an AQP authorization.

The FAA does not agree that it is

appropriate to increase simulated flight

time as recommended by this

commenter. See the section-by-section

discussion under § 61.65 and the section

of this preamble entitled ‘‘Discussion of

the Amendments and the New Rule’’ for

the rationale behind FAA’s position on

this issue.

For the reasons discussed above, this

section is adopted as proposed.

§ 61.163 Rotorcraft rating:

Aeronautical skill. The FAA proposed

to revise this section to allow an airman

to complete the practical test for a

helicopter rating in a flight simulator or

flight training device if the practical test

is taken as a part of a curriculum at a

training center certificated under part

142.

FSI asked if it is an oversight that this

section does not contain some of the

same proposed paragraphs that are

contained in proposed § 61.158, which

is the parallel section for airplane

ratings.

It is not an oversight that this section

does not exactly parallel § 61.158. The

proposals that FSI questions contain

provisions that would require an

applicant to present a record of having

received ground training and flight

training on specified subjects, and to

have been shown competent in

specified areas of aeronautical

knowledge.

Proposed § 61.158(a)(2)(iii) and (iv),

which are the two paragraphs the

commenter suggested that the FAA

parallel in this section, have been

withdrawn from § 61.158 in this final

rule as issues not germane to the

objectives of this rulemaking. The FAA

did not propose similar provisions in

proposed § 61.163. Therefore, it is

inappropriate to consider this comment

at this time. The comment will be

considered if such proposals are made

in the future for rotorcraft ratings.

FSI also recommended that the

proposed areas of operations listed in

§ 61.163(a) be titled and re-ordered to be

consistent with the table of contents

contained in ‘‘Airline Transport Pilot

and Type Rating,’’ (PTS FAA–S–8081–

5).

The FAA has changed the listing of

areas of operation as suggested.

In response to the comments

addressed in the discussion of § 61.158

and for the reasons stated there, the

FAA has placed additional paragraphs

in this section concerning added ratings

obtained substantially or entirely in

flight simulation.

This section is adopted as amended.

§ 61.169 Instruction in air

transportation service. This proposed

section would require that ATP’s giving

instruction in Category II or Category III

operations be trained and tested in

Category II or Category III operations, as

applicable.

Paragraph (a)(3) proposed that all

instruction provided by ATP certificate

holders be conducted in aircraft with

functioning dual controls.

BAe, in a comment similar to several

others, commented that proposed

paragraph (a)(3) would allow an ATP to

instruct only in aircraft with functioning

dual controls, not in flight simulators or

flight training devices.

Although the FAA did not specifically

include simulation in this proposed

section, the intent of this rulemaking is

to provide for increased use of

simulation wherever practical and

where safety permits. Therefore, the

FAA agrees that this paragraph should

be revised to clarify that privileges of an

ATP while instructing in air

transportation service includes

instruction in a flight simulator or flight
34528 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

training device. A new paragraph (a)(2)

has been added accordingly.

Proposed paragraph (b) continued the

existing limitation that an ATP could

not instruct in an aircraft for more than

8 hours in any 24-consecutive-hour

period, nor for more than 36 hours in

any 7 consecutive days.

Continental Airlines, FSI, and others

commented that proposed paragraph (b)

should specify that the instruction time

limitations apply to aircraft only. These

commenters specifically remarked that,

with a briefing and debriefing session

that each last for 2 hours, a simulator

instructor’s duty day may exceed 8

hours. FSI made the same comment in

reference to §§ 142.49 and 142.87, and

this proposed section.

Proposed paragraph (b) did not

include simulation in the instructor’s

time limitation and simulator

instruction would not have been

permitted by the proposal. However,

because the FAA has modified the

proposal to allow simulator instruction,

the FAA believes that duty time

limitations should apply to both

simulation and aircraft.

Further, flight instruction time

limitations regarding preflight and post

flight activities or briefings and

debriefings have never been addressed.

The FAA has determined that, in this

final rule, it is appropriate to clarify that

time spent performing these activities

does not count toward the proposed

flight instruction time limitations.

Therefore, the words ‘‘excluding

briefings and debriefings’’ have been

added to paragraph (b) of this section in

the final rule.

AMR commented that, by proposing

time limitations, the FAA is mandating

work rules, and that the FAA does not

provide any justification for the

arbitrary limitations imposed.

The proposed time limitations are not

new; they have been contained in

current § 61.169 for many years. The

clarification to paragraph (b) discussed

above should remove any confusion

about not establishing new instructor

duty times for simulation instruction.

SFI commented that this rule is

archaic and attaches a privilege

(instructing) to a certificate that

demands neither training nor a

demonstration of skill as an instructor.

It continues that the rules applicable to

instruction in air transportation service

should be contained in part 61 and that

specialized requirements for air

transportation instructors should be

contained in §§ 121.411 and 135.337, as

appropriate.

In addition to holding an ATP

certificate, persons who instruct in air

transportation service in part 121 and

part 135 must train, and in

implementing guidance requirements as

an instructor and demonstrate skill as

an instructor, for the specialized

application of air transportation service.

The FAA is convinced that these

requirements assure a level of safety for

instruction equivalent to provisions of

part 61, for privileges limited to air

transportation service.

This section is adopted with the

changes discussed above.

§ 61.187 Flight proficiency. As

proposed, this section would permit an

applicant for the flight instructor

certificate to receive the required

instruction for a flight instructor

certificate in a flight simulator or flight

training device used as part of an

approved course conducted by a

training center certificated under part

142. Previously, there was no provision

for accomplishing the required

instruction in anything other than an

aircraft.

An overwhelming number of

comments favored expansion of

simulation to authorize its use for part

or all of the instruction that flight

instructor applicants are required to

receive. Commenters objected, however,

to the apparent requirement that all

instruction must be received in an

approved part 142 training center

course. Several commenters, responding

to the NPRM, suggested that the

instruction permitted by this section be

permitted for air carriers, part 141

schools, and holders of AQP or other

authorizations.

The FAA does not agree. This option

has been considered in detail in

previous discussion of comments on

§§ 61.56, 61.57, and 61.155.

Jeppesen-Sanderson, and other

organizations representing part 141 and

part 61 pilot schools commented, also in

response to the NPRM, that a flight

simulator could not do all the tasks in

which a flight instructor must

demonstrate competence.

The FAA agrees that this comment is

true. The reason for extending the

permitted uses for simulation to training

and testing for the flight instructor

certificate, even though simulation will

not currently perform all the requisite

tasks for that training and testing, is the

same as discussed in the section-bysection discussion of § 61.56, regarding

future use of simulators.

A wording error in NPRM Notice 92–

10 resulted in the proposed rule text

saying that an applicant for a flight

instructor certificate must have received

instruction in a accordance with an

approved course at a training center

certificated under part 142; the

intention was to say an applicant may

receive instruction in such a course.

Therefore, the FAA announced in an

SNPRM (FR 58 9514, February 19, 1993)

that it had inadvertently proposed to

require that all instruction in

preparation for the airman practical test

for this for this certificate be

accomplished in a part 142 course,

when it intended to propose that, as an

additional option, the required

instruction could be obtained in an

approved flight simulator or flight

training device, if that instruction is

received during an approved course

offered by a training center.

AOPA, in its comment to the SNPRM,

expressed support for the changes

proposed for this section.

One person, in response to the

SNPRM, stated that he objected to a

change that would allow simulation to

be used to satisfy any flight time

required for a flight instructor

certificate. In his comment, he stated:

‘‘There * * * is no gain to be obtained

* * * other than the cost reduction by

the big companies.’’

The FAA believes that there are

potentially significant cost benefits for

all persons involved in aviation

training, including individuals who may

choose to use a training center for flight

instructor training whenever it becomes

available.

In addition, the FAA has determined

that allowing the training and testing for

a flight instructor certificate would

result in additional safety benefits if

accomplished in a simulator rather than

in an aircraft.

After further analysis, the FAA

believes that paragraphs (c)(2) and

(c)(4), as they appeared in the SNPRM,

are inaccurate, in that paragraph (c)(2)

refers to a nonexistent flight instructor

course meeting part 61, subpart G,

requirements, and paragraph (c)(4)

refers to a nonexistent flight instructor

course under part 135. Additionally,

paragraph (c)(3) is repetitive of other

provisions of subpart G of part 61.

Therefore, the FAA has revised these

paragraphs in the final rule.

This section is adopted with the

corrections discussed.

§ 61.191 Additional flight instructor

ratings. The FAA proposed to revise this

section to permit an airman to

accomplish the required practical tests

for flight instructor ratings in a flight

simulator or flight training device used

as part of an approved course conducted

by a training center certificated under

part 142. Previously, there was no

provision for accomplishing the

practical test in anything other than an

aircraft.

The comments regarding this section

are essentially the same as those
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34529

submitted in response to proposed

§ 61.187. For the reasons discussed in

response to proposed § 61.187, this

section is adopted as proposed.

§ 61.195 Flight instructor

limitations. This section proposed to

require flight instructors giving

instruction in Category II or Category III

operations to be trained and tested in

Category II or Category III operations, as

applicable.

One commenter agreed with the

proposal, but remarked that he would

like a better definition of what the

Category II and Category III training

would be.

While development of such a

definition is not the purpose of this

rulemaking, testing requirements for

these areas are described in §§ 61.67 and

61.68 and training should track the

requirements of the appropriate test.

This section is adopted as proposed,

with an added reference to § 61.68.

§ 61.197 Renewal of flight instructor

certificates. The FAA proposed to

amend this section to permit an

applicant for renewal of a flight

instructor certificate to conduct the

required practical test in a flight

simulator or flight training device in a

course conducted by a training center

certificated under part 142. Previously,

there was no provision for

accomplishing the practical test in

anything other than an aircraft.

In addition to the proposal stated

above, the FAA inadvertently included

certain other proposals in this section.

The inadvertent proposals would have

required medical qualifications for the

renewal of a flight instructor certificate

(proposed § 61.197(a)(1) and (a)(2)),

permitted alternative methods of

renewal of the certificate without

accomplishing a practical test

(§ 61.197(b)(1) and (b)(2)(iv), and

prohibited the use of a flight instructor

refresher clinic for more than two

consecutive renewals of a flight

instructor certificate (§ 61.197(c)). After

publication in the Federal Register, the

FAA realized that these proposals had

been inadvertently included in the

NPRM. The FAA proposed to correct the

error in an SNPRM, Notice 92–10A, (59

FR 9514, February 19, 1993). In effect,

the SNPRM proposed to restore the

provisions of current § 61.197.

Over 200 comments were received

concerning this proposed section as

written in the NPRM; nearly all opposed

the inadvertent proposals. However, a

few comments were received

concerning the proposal to allow an

applicant to renew a flight instructor

certificate by taking a practical test in

flight simulation pursuant to part 142.

These comments were generally

favorable.

Ten comments were received

concerning the revised proposals

contained in the SNPRM. These

commenters disagreed with the original

proposals contained in the NPRM,

which in fact made them comments in

favor of the SNPRM. No comments were

received that opposed the text as

proposed in the SNPRM.

For the reasons discussed, this section

is adopted as proposed in the SNPRM,

except for deleting the words ‘‘in an

aircraft’’ from proposed paragraph (d).

That revision was necessary to avoid an

inference that an applicant has to

complete an approved course conducted

by a part 142 certificate holder in order

to take the practical test in an aircraft.

Appendix A to Part 61

The FAA proposed to change the title

of appendix A to part 61 to read

‘‘Practical Test Requirements For

Airplane Airline Transport Pilot

Certificate and Associated Class and

Type Ratings (For part 121 and part 135

Use Only).’’ This proposal was a

companion change to the proposed

change to § 61.157, since appendix A

implements § 61.157.

Boeing, AIA, and Crew Systems had

the same comment that they had

concerning proposed §§ 61.63 and

61.64. Essentially, the comment was

that the proposals appear to create two

types of pilot certificates, one for part

121 and part 135 operations and one for

all other operations.

The FAA response to this comment

may be found by reference to the

discussion of comments about proposed

§§ 61.63 and 61.157.

Airbus commented that appendix A

should be deleted, and that the

provisions of proposed § 61.158 should

be used instead. It adds that if appendix

A cannot be deleted, it must be

amended to accommodate modern

aircraft.

The FAA agrees that appendix A has

become somewhat obsolete. However,

the deletion or updating of appendix A

does not relate to the purpose of the

proposed rulemaking upon which the

final rule is based.

Therefore, in this final rule, appendix

A is retitled, but otherwise unchanged.

The deletion or updating of appendix A

will be addressed as part of Phase II of

the part 61 review which is referred to

under the section entitled ‘‘Related

Activity.’’

Integration of Appendix B to Part 61

Into Practical Test Standards

The FAA proposed to delete appendix

B to part 61. FSI asked about the future

of a document to replace appendix B.

The FAA does not plan to replace

appendix B, as such. Instead, the FAA

lists broad areas of aeronautical

knowledge in several sections which

specify requirements for various

certificates and ratings. The specific

tasks recommended for an airman to

demonstrate competence in the broad

areas of aeronautical knowledge are

listed in implementing documents, such

as the PTS.

Therefore, appendix B is deleted in

this final rule, as proposed.

Part 91

§ 91.191 Category II and Category III

manual. The FAA proposed to change

the title of this section to include

Category III manuals. The text of the

proposed section sets forth the

requirements for Category III manuals

for civil aircraft conducting reduced

visibility operations. These operations

are defined as Category III operations

elsewhere in part 91. Previously, there

were no regulatory provisions

applicable to part 91 operators who

might anticipate Category III operations.

Airbus, in the only comment received,

commented that part 91 is not mature

enough to warrant regulatory action.

The FAA does not agree. Earlier in

this preamble the FAA discussed the

sophistication of aircraft operated under

part 91, and the intent to not wait until

a greater number of aircraft are capable

of Category III operations before

changing the rule to permit such

operations under part 91. The FAA is

convinced that it is time to amend part

91 to establish rules for reduced

visibility operations.

AMR, in a general comment about the

proposed changes to part 91, stated that

the proposals to amend part 91 appear

to be totally unrelated to the thrust of

the NPRM.

The FAA believes that these proposals

are related to the subject of the NPRM.

Simulation is and will be used as a

primary training vehicle for reduced

visibility approaches. The NPRM

proposed to require testing for those

persons who will be authorized to

conduct such approaches in a new

§ 61.68. The proposed changes to

§§ 91.191 and 91.205 provide

requirements for aircraft equipment and

procedures for Category III operations,

which did not exist previously.

The FAA has determined that, in

order to allow time for compliance,

persons desiring to obtain Category III
34530 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

authorization should be given until

August 1, 1997, to develop a Category III

manual. Persons developing a Category

III manual may use as general guidance

Appendix A, modified as applicable, to

address Category III Manual,

Instruments, Equipment, and

Maintenance. Because there will be few

part 91 operators seeking Category III

authorization, the FAA does not

anticipate that development of Category

III manual will impose a significant

economic burden on a significant

number of operators.

This section is adopted as proposed,

except for a change to establish a

separate effective date.

§ 91.205 Powered civil aircraft with

standard category U.S. airworthiness

certificates: Instrument and equipment

requirements. This proposed section

included requirements concerning

instruments and equipment for Category

III operations.

Airbus made the same comment about

this section that it made about proposed

§ 91.191.

The FAA response is the same as that

set forth under § 91.191.

This section is adopted as proposed.

Part 121

The FAA received numerous

comments from major airline

associations and air carriers that a part

142 certificate should not be required to

continue to provide training to

employees of other part 121 or part 135

certificate holders. These commenters

stated that parts 121 and 135 contain

sufficient requirements for instructors,

evaluators (check airman), and training

program approval and that the FAA

does not need to separately specify

those requirements in a new part to 14

CFR (part 142).

After reconsideration of the proposal

in light of these comments, the FAA

agrees that parts 121 and 135 contain

sufficient requirements for training,

testing, and checking any aircrew

subject to those parts. For that reason,

the following proposed revisions to

these sections of part 121 have been

withdrawn: §§ 121.1, 121.401, 121.403,

121.405, 121.407, 121.432a, 121.439,

and 121.441. Upon evaluation of

comments received, the FAA has

concluded that the proposed subparts of

part 142 that were applicable to air

carriers also were not needed and

should be withdrawn. Therefore

subparts F, G, H, and I, of proposed part

142 also have been withdrawn.

In addition, the proposed revisions to

part 121, appendix H and appendix I

have been withdrawn. Part 121,

appendix H issues are being addressed

under separate rulemaking, as discussed

under the section of this document

above entitled ‘‘Related Activity,’’ and

have, therefore, been removed from this

final rule. The discussion below entitled

‘‘Part 142’’ explains the rationale for

withdrawing proposed appendix I and

all proposed sections relating to drug

testing.

The FAA has determined, however,

that a part 121 or part 135 certificate

holder, without obtaining a part 142

certificate, should not be allowed to

provide training, testing, or checking to

persons who are not aircrew employees

of an air carrier certificated under the

same part. Operations conducted by

these individuals are not sufficiently

similar to those of certificate holders to

warrant such an exception.

An air carrier interested in providing

training, testing, or checking to such

persons could modify its training

program to suit the needs of those

persons and meet the necessary

requirements for a training program

suitable for approval under part 142.

Operating and training environments

of other operators are different from

those for air carriers. For example, air

carrier training on dispatch (flight

release and flight following) and crew

resource management (CRM) training

that includes dispatch as a resource may

not be appropriate for some operators.

Therefore, for a part 142 program, a

more extensive review of certain flight

procedures is needed. Areas of training

not common to all operators is further

discussed in response to comments

about §§ 142.1 and 142.3.

As discussed below, the following

sections, §§ 121.400, 121.402, and

121.431, are retained for this final rule.

Subpart N—Training Program

§ 121.400 Applicability and terms

used. Upon reconsideration of the

ability of air carriers to train aircrews of

other air carriers, the FAA has

withdrawn most of this proposed

section. However, the FAA will retain

the definition of ‘‘training center’’ as

proposed but will modify it to conform

to the definition used under § 142.3 as

adopted.

In addition, the FAA received a

suggestion to add the term

‘‘requalification training’’ to the

companion section in part 135

(§ 135.321). That term is already in

common usage and is defined along

with the terms defined in this section in

FAA Order 8400.10, ‘‘The Air

Transportation Operations Inspector’s

Handbook.’’ Because requalification

training is and will be accomplished in

whole or in part by simulation, the FAA

agrees that it should be defined in

§§ 135.321 and 121.400. Accordingly, a

definition of requalification training is

added as paragraph (b)(7) of this section.

The FAA further determined that it

would be preferable to place the

proposed definitions of ‘‘facility’’ and

‘‘courseware’’ only in part 142.

Therefore, these definitions are deleted

from this section.

§ 121.402 Training program: Special

rules. The FAA proposed in this section

that a part 121 certificate holder may

provide training, testing, and checking

services to others by contract. To

provide training, testing, and checking

for another part 121 certificate holder,

the certificate holder would have been

required to also hold a part 142

certificate and appropriate training

specifications issued under part 142.

Several commenters said that the

section is entirely a description of

functions under part 142 and that it

duplicates language in part 142.

The FAA agrees with the commenters

that the description of functions

proposed in this section duplicates a

description of functions covered in part

142. Therefore, the FAA has revised this

section in order to eliminate the

duplication and to expressly allow part

121 certificate holders to use part 142

training centers to meet all or part of its

training requirements if the POI

approves that training.

NATCO stated that if each instructor,

check airman, and evaluator can be

shown to be qualified to fulfill the

responsibilities, then a prerequisite for 1

year of employment should have no

bearing on that person’s effectiveness.

The FAA agrees. As mentioned in the

section entitled ‘‘Related Activity’’ there

is a separate rulemaking action

underway, a final rule, to amend

appendix H of part 121 accordingly.

After re-examination following

analysis of comments, the FAA revised

proposed § 121.402(a) to provide that a

part 121 certificate holder may continue

to provide training, testing, and

checking to another part 121 certificate

holder provided the training meets the

requirements of part 121 and the POI of

that receiving certificate holder

approves that training.

The FAA further revised this section

to indicate that the only entity, other

than another part 121 certificate holder,

that may provide training to a part 121

certificate holder is a training center

certificated under part 142 of this

chapter. This revision will ensure

standardization and increase safety

through the use of state-of-the-art

training media that are inherent in

training centers.

This section is adopted with the

changes discussed.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34531

Subpart O—Crewmember

Qualifications

§ 121.431 Applicability. The FAA

proposed to amend this section to

permit training centers to provide

testing and checking services by

contract or otherwise to persons subject

to the requirements of part 121.

Several similar comments were

received which stated that the section

would preclude part 121 certificate

holders from providing training to other

persons without being certified under

part 142.

The FAA agrees that the commenters’

analysis is true to the extent that a part

142 certificate will be required for

training, testing, and checking offered to

persons other than aircrew employees of

another part 121 certificate holder.

For the reasons discussed earlier, this

proposed section is deleted with the

exception of the provision in paragraph

(a)(2) permitting a part 121 certificate

holder to contract with a part 142

certificate holder for all or part of the

training required by part 121. Paragraph

(a)(1) as adopted incorporates changes

made to this section on June 14, 1996

(61 FR 30432). The section is adopted as

revised.

Part 125

§ 125.285 Pilot qualifications:

Recent experience. There were no

comments concerning this proposed

section. Therefore, it is adopted as

proposed.

§ 125.296 Training, testing, and

checking conducted by training centers:

Special rules. The FAA proposed this

new section to permit a crewmember to

credit the training, testing, and checking

received under part 142 toward the

training, testing, and checking required

by part 125.

AMR commented that training centers

certificated under part 121, as well as

those certificated under part 142, should

be allowed to accomplish training,

testing, and checking to satisfy this

section.

As discussed earlier, there are no

training centers certificated under part

121.

For the reasons in the general

discussion of part 121 this section is

adopted as proposed.

§ 125.297 Approval of flight

simulators and flight training devices.

There were no comments concerning

this proposed section. Therefore, this

section is adopted as proposed.

Part 135

As discussed above in part 121, the

FAA received numerous comments from

major airline associations and air

carriers that a part 142 certificate should

not be required for a part 121 or part 135

certificate holder to continue to provide

training to other than its own

employees. These commenters stated

that parts 121 and 135 contain sufficient

detail regarding requirements for

instructors, evaluators (check airman),

and training program approval and that

the FAA does not need to separately

specify those requirements in a new part

to 14 CFR (part 142).

In general, the comments about the

several new proposals or proposed

revisions to existing sections of part 135

are very similar to those made in

response to similar proposals in part

121. However, there were considerably

fewer comments. Nevertheless, all

comments received have been carefully

reviewed and thoroughly considered.

In response to comments, the FAA

has decided to allow a part 135

certificate holder to train the flight

crewmembers of another part 135

certificate holder without being

certificated under part 142. Like part

121 certificate holders, part 135

certificate holders must obtain a part

142 certificate in order to train persons

who are not aircrew employees of

another part 135 certificate holder.

The FAA agrees that parts 121 and

135 contain sufficient requirements for

training, testing, and checking of

aircrews subject to those parts. For that

reason, the proposed revisions involving

the following proposed sections of part

135 have been withdrawn: §§ 135.1,

135.292, 135.293, 135.297, 135.299,

135.323, and 135.325. Upon evaluation

of comments received, the FAA has

concluded that the proposed subparts of

part 142 that were applicable to air

carriers also were not needed and

should be withdrawn. Therefore

subparts F, G, H, and I, of proposed part

142 also have been withdrawn.

The FAA has determined, however,

that a part 121 or part 135 certificate

holder, without obtaining a part 142

certificate, should not be allowed to

provide training, testing, or checking to

persons who are not aircrew employees

of an air carrier certificated under the

same part. Operations conducted by

these individuals are not sufficiently

similar to those of certificate holders to

warrant such an exception.

An air carrier interested in providing

training, testing, or checking to such

persons could modify its training

program to suit the needs of those

persons and meet the necessary

requirements for a training program

suitable for approval under part 142.

Operating and training environments

of other operators are different from

those for air carriers. For example, air

carrier training on dispatch (flight

release and flight following) and CRM

training that includes dispatch as a

resource may not be appropriate for

some operators. Therefore, for a part 142

program, a more extensive review of

certain flight procedures is needed.

Areas of training not common to all

operators is further discussed in

response to comments about §§ 142.1

and 142.3.

As discussed below, the following

sections, §§ 135.291, 135.321, and

135.324, are retained for this final rule.

Subpart G—Crewmember Testing

Requirements

§ 135.291 Applicability. There were

no comments about the proposed

amendments to this section. However,

the FAA decided to revise the section

editorially slightly to more closely

parallel § 121.431, which concerns the

same subject. This section is adopted as

revised.

Subpart H—Training

§ 135.321 Applicability and terms

used. The FAA proposed to amend this

section to make the requirements of

subpart H of part 135 applicable to a

training center if the training center

provides training, testing, or checking

by contract or other arrangement for a

certificate holder subject to the

requirements of part 135.

Several commenters remarked that

this section should be left as currently

worded.

The FAA has determined that certain

terms should be added to better describe

the training, testing, and checking

required under this section.

AMR agreed with the section as

proposed and suggested that it be

expanded to include a definition of

requalification training, which is

already in common usage and which is

defined, along with the terms defined in

this section, in FAA Order 8400.10,

‘‘The Air Transportation Operations

Inspector’s Handbook.’’

Because requalification training is and

will be accomplished in whole or in

part by simulation, the FAA agrees that

it should be addressed in this section.

Accordingly, a definition of

requalification training is added to

paragraph (b) of this section, and the

terms have been rearranged to

accommodate this definition in its

logical order. It should also be noted

that the definition of ‘‘training center’’

used in this section is modified in the

final as set forth in § 142.3 as adopted.

The FAA determined that it would be

preferable to place the definitions of

‘‘facility’’ and ‘‘courseware’’ in part 142.
34532 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

Therefore, these definitions are deleted

from this section.

With the revisions discussed above,

the section is adopted.

§ 135.324 Training program: Special

rules. The FAA proposed this new

section to permit a part 135 certificate

holder to contract with a training center

certificated under part 142 to satisfy the

training program requirements of part

135.

The FAA also proposed in this section

to permit a part 135 certificate holder to

provide training, testing, and checking

to others by contract. Under the

proposal, to provide training, testing,

and checking for another part 135

certificate holder, the certificate holder

would have been required to hold a part

142 certificate and appropriate training

specifications issued under part 142.

Under this final rule, a part 135

certificate holder may continue to

provide training, testing, and checking

to another part 135 certificate holder. A

part 142 certificate will not be needed.

The proposed section was revised

further to indicate that the only entity

other than another part 135 certificate

holder that may provide training,

testing, and checking to a part 135

certificate holder is a training center

certificated under part 142.

The rationale for these changes may

be found by reference to the general

discussion of this part and § 121.402.

Several commenters said that the

section is entirely a description of

functions under part 142 and that it

duplicates language in part 142.

The FAA agrees with the commenters

that this subject is covered in part 142.

However, the FAA considers it

necessary to include provisions in this

section expressly allowing a part 135

certificate holder to contract with a part

142 training center, if the part 135

certificate holder desires to use a part

142 training center for all or part of its

training. This training meets the

requirements of part 135 and the POI

approves that training.

This section is adopted with the

changes discussed.

Part 141

§ 141.26 Training Agreements.

No comments were received

concerning this section, and it is

adopted as proposed.

Broward Community College,

Northwest Accelerated Ground School,

and an individual made general

comments that pilot schools will be

placed at a disadvantage, apparently

from not being able to take advantage of

the capabilities of flight simulators.

The FAA’s response to these

comments may be found by reference to

the discussion under §§ 61.65 and

61.109.

Part 142

As discussed above under parts 121

and 135, the FAA received numerous

comments that a part 142 certificate

should not be required for a part 121 or

part 135 certificate holder to continue to

provide training to other than its own

employees.

After a review of comments received,

the FAA has determined that part 121

and part 135 are adequate for air carrier

training programs and the qualification

and training of persons who present

those training programs. For this reason,

proposed subparts F, G, H, and I of part

142 that govern air carrier training,

testing, or checking have been

withdrawn.

As explained in the discussion of

parts 121 and 135 above, however, the

FAA has determined that a part 121 or

part 135 certificate holder, without

obtaining a part 142 certificate, should

not be allowed to provide training,

testing, or checking to persons who are

not aircrew employees of an air carrier

certificated under the same part.

A number of commenters also noted

that the provisions regarding drug

testing appear to be duplicative of

requirements adopted since the

publication of the NPRM, primarily in

FAA’s anti-drug rule, part 121,

appendix I. The FAA concurs with these

commenters.

Under part 121, appendix I,

individuals who provide flight

instruction, including simulator

training, either directly or by contract

for specified aviation employers, must

be subject to an FAA-approved antidrug program that includes all elements

of proposed §§ 142. 21, 142.23, and

142.25. Similarly, these individuals

must be subject to an alcohol misuse

prevention program, including alcohol

testing, under regulations published in

1994, found primarily at part 121,

appendix J. The FAA has determined

that these regulations adequately cover

those individuals performing safetysensitive functions. Therefore, proposed

§§ 142.21, 142.23, and 142.25, and as

discussed above part 121, appendix I,

have not been adopted.

The FAA proposed § 142.11 entitled

‘‘Training center ratings.’’ This

proposed section would have required

that, in addition to a training center

certificate, a training center certificate

holder would have had to obtain a

rating to conduct each curriculum. The

FAA has determined that ratings will

not be necessary, since the subject

matter that would have been addressed

by ratings will be covered by training

specifications. Accordingly, this

proposed section has not been adopted

as ‘‘Training center ratings.’’ It has been

adopted as ‘‘Application for issuance or

amendment.’’

The FAA also proposed § 142.51,

entitled ‘‘Qualifications to instruct in a

flight simulator or a flight training

device.’’ Because the FAA simplified

and consolidated instructor eligibility

requirements into § 142.47 as adopted,

§ 142.51 is no longer needed and has not

been adopted.

Lastly, in this final rule, all references

to ‘‘training center certificate holder’’

have been replaced with ‘‘certificate

holder’’ because the meaning is clear

within the context of part 142.

Subpart A—General

This general subpart, subpart A,

contains the requirements necessary to

obtain and maintain certification as a

part 142 training center.

§ 142.1 Applicability. This section,

as proposed, specified the entities that

would have to be certificated under part

142 to provide training, testing, and

checking of flight crewmembers.

Boeing commented that the FAA

should permit training centers operating

under exemption and other means to be

granted a ‘‘grandfather’’ certificate

immediately. Other commenters were of

the same opinion.

The FAA has allowed a 2-year period

in order to accommodate applications

for certification. Different training

entities in operation now are structured

to meet different regulatory standards.

The time allowed for certification will

permit current training entities to design

training programs to meet part 142

standards. The FAA has determined that

existing training programs approved for

air carrier certificate holders and

exemption holders should require only

minor amendments to receive approval

under part 142.

Accordingly, this proposed section

has been revised by adding paragraphs

(b)(4) and (5) to indicate that part 121

certificate holders may continue to train

the flight crews of other part 121

certificate holders and that part 135

certificate holders may continue to train

the flight crews of other part 135

certificate holders without obtaining a

part 142 certificate.

A new paragraph (c) has been added

to make it clear that training, testing,

and checking in flight simulators or

advanced flight training devices may

only be conducted in accordance with

part 142 certificate and training

specifications. Exceptions are listed in

paragraph (b).

This section is adopted with the

changes discussed above.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34533

§ 142.3 Definitions. This section

proposed terms applicable to part 142.

AIA commented that this section

would not allow airplane manufacturers

the flexibility they enjoy today to revise

training programs to accommodate

customer-unique training needs.

The FAA believes that the definition

of ‘‘specialty training’’ can

accommodate any customer need, and

was designed specifically to allow for

subjects that are not generic.

ATA and several part 121 certificate

holders commented that the definition

of ‘‘core curriculum’’ is ambiguous and

at odds with an air carrier POI’s

authority for approval of all components

of an air carrier training program.

In this final rule, the FAA has more

clearly and completely defined ‘‘core

curriculum.’’ The NPRM incorrectly

referred to a ‘‘core training program.’’

The definitions contained in this final

rule now make a clear distinction

between ‘‘training program’’ and ‘‘core

curriculum.’’ The FAA reiterates in this

final rule that the POI is responsible for

approving all training for the air carrier

to which the POI is assigned.

ATA and others suggested that the

term ‘‘Line Oriented Flight Training’’

(LOFT) be changed to ‘‘Line Operational

Simulation’’ (LOS) to better

accommodate special operational

training.

The FAA agrees. The term ‘‘LOFT’’

has been retitled as LOS, which is

defined in § 142.3. LOFT was consistent

with the term in appendix H of part 121,

but LOS and the new terms included in

its definition are more descriptive and

comprehensive, and they appear in

certain AC’s, particularly AC 120–35,

‘‘Line Operational Simulations; Line

Oriented Flight Training, Special

Purpose Orientation Training, Line

Operational Evaluation,’’ as amended.

Boeing and AIA commented that an

evaluator need not be a pilot to certify

certain training, such as ground

training.

The FAA agrees with Boeing and AIA;

however, such a restriction was not

proposed. Under proposed § 142.55, a

training center would have the

flexibility to use someone without an

airman’s certificate to be an evaluator.

Airbus commented that the definition

of ‘‘evaluator’’ is ‘‘too restrictive, narrow

in scope, and inconsistent with the

definition of evaluator contained in

SFAR 58.’’

The FAA believes that the definition

of ‘‘evaluator’’ now in this section is

sufficiently broad to provide training

centers with maximum flexibility for

scheduling and personnel assignments.

However, the proposed definition of

‘‘evaluator’’ has been reworded to make

it clear that an evaluator may perform

tests for authorizations and proficiency

checks, when the evaluator is qualified

under the applicable operational part, as

well as for the test for certification and

added ratings. While the definition of

‘‘evaluator’’ under part 142 is somewhat

different than the definition of that term

under SFAR 58, the FAA did not

attempt to reconcile the definition with

SFAR 58. Although different, the

definition for ‘‘evaluator’’ contained in

each of these parts adequately addresses

the functions performed in these parts.

Boeing also commented that the

proposed definition of ‘‘specialty

training’’ could imply that FAA

approval is required for training that is

not required by any part of 14 CFR.

Several other persons made similar

comments in reference to other sections.

The FAA agrees with the commenters.

The definition of ‘‘specialty training’’

has been reworded to exclude training

not designed to satisfy the requirements

for any FAA certificate, rating,

authorization, test, review, check, or

qualification.

Boeing and AIA also requested that

the term ‘‘instructor’’ be defined

throughout proposed part 142. They

stated that airplane manufacturers and

other training organizations use

instructors for airplane, full-flight

simulator, fixed-base simulator, and

airplane systems training. They believe

that it would be unreasonable and

unnecessary to require a certificate to

perform instructor duties other than for

airplane and full-flight simulator flight

instruction.

The FAA did not propose to require

an instructor certificate for persons who

would be employed by training centers

to instruct in flight simulators or flight

training devices. Further, since the

publication of the NPRM, and in

response to a petition from the public to

amend existing exemptions, the FAA

has allowed persons to qualify as

simulator-only instructors without

holding an instructor certificate, if those

persons meet certain alternative

qualifications. The FAA has determined

that it is appropriate to include those

alternative qualifications in this final

rule. (See also the discussion below

under § 142.47.)

With the changes discussed, this

section is adopted as proposed.

§ 142.5 Certificate and training

specifications required. This section

proposed that no person may operate a

training center without a training center

certificate and training specifications, as

described in part 142. Paragraph (b)

further proposed that a training center

certificate applicant would be issued a

training center certificate and training

specifications if the applicant complied

with the applicable sections of part 142.

In the only comment received, AIA

commented that a training center

certificate should be optional if a

training center is now operating under

existing rules.

Prior to this amendment, there have

been no training centers defined and

regulated by 14 CFR. Training under

previous rules is addressed in the initial

discussion of part 142 above.

For the reasons discussed in the

previous section, this section is adopted

as proposed except for deleting a

reference to § 142.77.

§ 142.7 Duration of a certificate.

This section, as proposed, provided that

a training center certificate would have

no expiration date, but that it could be

suspended, revoked, or otherwise

terminated by the Administrator.

Further, under paragraph (b) of this

section, a certificate holder would have

to return its certificate to the

Administrator if that certificate is

suspended, revoked, or terminated.

Jeppesen-Sanderson commented that

the provision of no expiration date for

a part 142 certificate should be extended

to part 141 certificates as well.

The FAA believes that questions

about the administration of part 141 that

are not directly connected to training by

simulation are best left to the review of

that part. That review is discussed in

the section entitled ‘‘Related Activity.’’

Therefore, no changes are made to this

section in response to the comment.

Comments made about proposed

§§ 61.2 (adopted as § 61.3) and 142.20,

which concern training centers located

outside the United States, and other

initiatives of the FAA, caused the FAA

to change this section as it applies to

training centers located outside the

United States. Under this final rule,

training centers located outside the

United States will be issued a certificate

which will expire annually. This

revision is more thoroughly discussed

under proposed § 142.20 (adopted as

§ 142.19).

This proposed section is adopted with

the changes discussed.

§ 142.9 Deviations or waivers. This

section proposed deviation and waiver

procedures for a training center

certificate holder or an applicant for a

training center certificate.

Only one comment was received

concerning this section. Professional

Instrument Courses, Inc., stated that it

does all its training by traveling to

different airports around the country

and that it uses an ‘‘apparent’’ flight

training device instead of a flight

simulator. It asked if the intent of the

section entitled ‘‘Deviations and
34534 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

waivers,’’ is to allow affected companies

to operate without facilities and without

at least one flight simulator.

It was not the intent of this section to

allow operation without facilities and at

least one flight simulator or advanced

flight training device. It was the intent

to allow for unforeseen circumstances

that may arise that may warrant a

deviation or a waiver, as they have in

the past with other rules. The scenario

described by the commenter was not

unforeseen and is specifically addressed

by §§ 142.17 and 142.20 (adopted as

§ 142.19).

Accordingly, the section is adopted as

proposed.

§ 142.11 (withdrawn) Training

center ratings.

§ 142.13 (adopted as § 142.11)

Application for issuance or amendment.

Paragraph (a) of this section proposed

that an application for a training center

certificate be made on a form and in a

manner prescribed by the

Administrator. Proposed paragraph

(a)(3) provides timeframes for

processing applications.

In response to the requirement to

submit an application to the FSDO with

jurisdiction over the area in which the

applicant’s business office is located,

Boeing asked if it would no longer be

acceptable for it to file an application

with the FAA Aircraft Evaluation Group

(AEG) for part 121 training.

The FAA has determined that review

and preliminary approval of certificate

applications and training programs is

more within the charter of FSDO’s than

AEG’s. Accordingly, under this final

rule, an application for certification

under part 142 must be filed with the

FSDO having jurisdiction over the area

in which the applicant’s training center

is located.

Paragraph (b), as proposed, would

require that each certificate application

provide information about, but not

limited to, each management position,

facility, record, and curriculum of the

training center. Paragraph (b)(1)

proposed:

(b) Each application for a training center

certificate and training specification shall

provide—

(1) A statement showing that the minimum

qualification requirements for each

management position are met or exceeded.

Several commenters stated that

proposed paragraph (b)(1) is redundant

with proposed § 142.15.

The proposals were different in that

proposed paragraph (b)(1) would require

a statement that would have to

accompany a certificate application,

while proposed § 142.15 would require

qualification of management personnel

and a statement about adequate

numbers of those persons.

In the final rule, however, paragraph

(b)(1) has been reworded slightly in the

interest of brevity and clarity.

Paragraph (b)(6) proposed:

(b) Each application for a training center

certificate and training specification shall

provide—

* * * * *

(6) A description of the applicant’s training

facilities, equipment, qualifications of

personnel to be used, and proposed

evaluation plans;

While no comments were received

concerning evaluation plans, the FAA

has decided to remove the reference to

‘‘evaluation plans’’ in order to simplify

the application process and the quality

control procedures to be used by the

certificate holder. Separate evaluation

plans would be largely redundant with

features of a quality control system.

Paragraph (b)(7) proposed the

following:

(b) Each application for a training center

certificate and training specification shall

provide—

* * * * *

(7) A training program, including

curriculum, syllabi, outlines, courseware,

procedures, and documentation to support

the items required in subpart B or subpart F

of this part, upon request by the

Administrator.

FSI commented that paragraph (b)(7)

should be reworded to prevent the FAA

from being inundated by materials

accompanying an application for

certificate. Boeing and Airbus made

similar comments.

As suggested by commenters, the FAA

has reworded paragraph (b)(7) to require

submission of specified material only

upon request of the Administrator.

Airbus commented that the text of

§ 142.13(b)(7) should be changed to

improve clarity and to be consistent

with FAA Order 8400.10, VOL 3, Ch 2,

Sec 1. It states that the words ‘‘syllabus’’

and ‘‘syllabi’’ have unclear definitions

in the context of crewmember training

programs and were, for that reason, not

used in the 8400.10 definitions.

To promote clarity, the FAA has

revised several terms pertaining to

training programs. The revised terms

are, to the extent possible, consistent

with the definitions contained in the

order that the commenter cites. The

term syllabus, however, is retained. The

FAA believes that the generic definition

of that word adds clarity to the training

program requirements.

Paragraph (b)(10) proposed the

following:

(b) Each application for a training center

certificate and training specification shall

provide—

* * * * *

(10) A method of demonstrating the

applicant’s qualification and ability to

provide training for a certificate or rating in

fewer than the minimum hours prescribed in

part 61 of this chapter if the applicant

proposes to do so.

Boeing and AIA commented that

paragraph (b)(10) should be made

consistent with SFAR 58.

The FAA believes that this paragraph

is consistent with SFAR 58. This

paragraph refers to § 61.109 and other

sections of part 61 that specify

minimum hours of aeronautical

experience that a part 142 certificate

holder may wish to reduce further in

non-traditional courses other than AQP.

United commented that ‘‘to require

United, or any other (part) 121

certificate holder similarly situated, to

duplicate all of its facilities, equipment,

courseware and personnel in order to

continue training by contract or other

arrangement and then have the FAA

inspect and approve the

requirements...’’ is not conserving

resources.

The FAA did not intend to require

duplication of facilities and equipment.

The buildings, classrooms, flight

training equipment, and instructors may

be the same that are used in pursuit of

normal business in accordance with a

part 121 or part 135 certificate. Some

training programs offered to persons

other than aircrew employees of another

air carrier may be essentially the same

as programs now in use. With minor

modification, training programs can be

presented under a part 142 certificate to

persons other than air carrier certificate

holder employees. ATA and several part

121 certificate holders had concerns

similar to United in their comments to

proposed § 142.17. The FAA addresses

their comments in the discussion below

under proposed § 142.17.

Paragraph (c) proposed that facilities

actually be in place at the time of

application, and not simply planned or

expected.

Several commenters stated that this

would be an unduly burdensome

expenditure for equipment too far in

advance of its use, especially for new

entrants into the training industry.

The FAA agrees that facilities need

not already be in place at the time of

application. This paragraph has been

reworded to require that facilities and

equipment be available for inspection

and evaluation prior to approval. This

will preclude expenditure of FAA

resources on frivolous or tentative plans

that may never come to fruition due to
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34535

changed business plans. It will permit

the FAA to evaluate actual facilities

rather than those that are merely

planned and subject to later change. The

FAA believes that such measures are

necessary in order to conserve public

resources and in order to maintain the

highest standard of facilities in training

centers. Paragraph (d)(2) proposed:

(d) An applicant who meets the

requirements of this part and is approved by

the Administrator is entitled to—

* * * * *

(2) Training specifications, issued by the

Administrator to the training center

certificate holder, containing—

(i) The type of training authorized,

including—

(A) Training center ratings; and

(B) Approved courses;

(ii) The category and class of aircraft that

may be used for training;

(iii) Registration numbers and types of

aircraft that are—

(A) Subject to an airworthiness

maintenance program required by parts 91,

121, 125, 135, or any other parts of this

chapter; and

(B) Suitable for the type of training, testing,

or checking being conducted;

(iv) For each flight simulator or flight

training device, the make, model, and series

of airplane or the set of airplanes being

simulated and the qualification level

assigned, or the make, model, and series of

rotorcraft, or set of rotorcraft being simulated

and the qualification level assigned;

(v) For each flight simulator and flight

training device subject to qualification

evaluation by the National Simulator

Program Manager, the serial number assigned

by the manufacturer;

(vi) The name and address of all satellite

training centers, and the approved courses

offered at each satellite training center;

(vii) Authorized deviations or waivers from

this part; and

(viii) Any other items the Administrator

may require or allow.

Several air carrier operators,

commenting on proposed paragraph

(d)(2), stated that training specifications

would not be convenient, and that

courses approved under parts 121, 135,

or 142 would provide all the course

specification that is required.

Based on prior experience, the FAA

believes that many administrative

matters not concerning course

specification have been accommodated

very well by the use of operations

specifications for air carrier operators.

This is a new concept for training

entities, but experience with similar

operating specifications issued to air

carrier certificate holders has shown

that the procedure will allow maximum

administrative convenience. Especially

in light of the removal of the proposed

requirement for ratings for training

centers, the FAA concludes that

providing for training specifications is

administratively wise. As stated

previously in this preamble, a part 142

certificate (and attendant training

specifications) will not be required for

part 121 certificate holders to train other

part 121 certificate holders or for part

135 certificate holders to train other part

135 certificate holders. Therefore,

training specifications will be

applicable to air carrier certificate

holders only if those certificate holders

choose to apply for a part 142

certificate.

For the reasons stated, § 142.13(d)(2)

is adopted as proposed and renumbered

as § 142.11(d)(2).

FSI commented that proposed

paragraph (d)(2)(iii) would preclude

short-notice change of aircraft and the

use of customer-owned aircraft unless

there is a 1-day change notification

procedure. Airbus made similar

comments about aircraft to be used by

aircraft manufacturer training centers.

The FAA agrees that the proposal may

be too restrictive on certain potential

training centers, including aircraft

manufacturer training centers, which

might offer training in aircraft rather

than in a flight simulator or flight

training device. Therefore, proposed

paragraph (d)(2)(iii) has been deleted.

Proposed paragraphs (d)(2)(iv) through

(d)(2)(viii) have been redesignated as

(d)(2)(iii) through (d)(2)(vii).

Regarding proposed paragraph

(d)(2)(vi), Boeing commented that the

proposed requirement to list the name,

address, and courses approved for each

satellite training center would preclude

‘‘offload training.’’

The FAA does not agree that these

proposed requirements would preclude

the training to which Boeing referred.

The proposal does not prevent training

at sites other than the training center

location or satellite training center

location, as long as a training center or

satellite training center of the certificate

holder complies with the certification

requirements of part 142. Therefore

paragraph (d)(2)(vi) is adopted as

proposed; however, since proposed

paragraph (d)(2)(iii) has been deleted,

proposed paragraph (d)(2)(vi) is adopted

as paragraph (d)(2)(v).

The FAA has decided that effective

reference to and tracking of simulation

equipment requires the use of FAAassigned identification numbers for that

equipment instead of serial numbers

assigned by the manufacturer of such

equipment. Accordingly, proposed

paragraph (d)(2)(v) has been reworded

to reflect this requirement and is

adopted as paragraph (d)(2)(iv).

Paragraph (e) proposed the following:

(e) The Administrator may deny, suspend,

revoke, or terminate a certificate under this

part if the Administrator finds that—

(1) Any certificate the Administrator

previously issued to the applicant for, or

holder of, a training center certificate, was

revoked, suspended, or terminated within the

previous 5 years;

(2) An applicant for, or holder of, a training

center certificate employs or proposes to

employ a person who—

(i) Was previously employed in a

management or supervisory position;

(ii) Exercised control over any certificate

holder whose certificate has been revoked,

suspended, or terminated within the last 5

years; and

(iii) Contributed materially to the

revocation, suspension, or termination of that

certificate and who will be employed in a

management or supervisory position, or who

will be in control of or have a substantial

ownership interest in the training center.

STI commented that proposed

paragraph (e)(2)(i) should be modified to

specifically state that the management

or supervisory person formerly worked

in a management or supervisory

position for a certificate holder whose

certificate had been revoked,

suspended, or terminated within the

previous 5 years. FSI also suggested that

proposed (e)(2)(i) be linked with

subparagraph (e)(2)(ii) with an ‘‘and’’ at

the end of (e)(2)(i).

The construction of proposed

paragraph (e) means that the conditions

of (e)(2)(i), (e)(2)(ii), and (e)(2)(iii) all

apply to persons that a training center

employs or proposes to employ. These

three paragraphs are linked together by

the semicolons and the ‘‘and’’ following

(e)(2)(ii). It is not necessary to repeat the

‘‘and’’ after (e)(2)(i). To correct an

editorial error in the proposal, the FAA

has inserted the word ‘‘or’’ to

appropriately separate paragraphs (e)(1)

and (e)(2).

This section is renumbered as

§ 142.11 and adopted with the several

changes discussed.

§ 142.15 (adopted as § 142.13)

Management and personnel

requirements. The FAA proposed in this

section that a training center must show

that it has and maintains a sufficient

number of qualified instructors,

evaluators, and management personnel

competent to perform required duties.

Only one comment was received

concerning this section. That comment

stated that this section was unnecessary

and should be deleted.

The FAA has determined that the

proposal referred to above is necessary

to ensure that a training center can

operate in compliance with the

certification provisions contained in

proposed part 142. The FAA needs this

information, along with the other

information required by this part, to
34536 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

approve applications for certification

under part 142. Therefore, this section

is renumbered as § 142.13 and adopted

as proposed.

§ 142.17 (adopted as § 142.15)

Facilities. In this section, the FAA

proposed the following in paragraph (b):

(b) An applicant for, or holder of, a training

center certificate shall establish and maintain

a principal business office that—

(1) Has a mailing address in the name

shown on its training center certificate

application, or training center certificate,

after it is issued; and

(2) Has facilities adequate to maintain the

records required by this part.

(3) Is not shared with another certificate

holder; however, automated recordkeeping

systems approved by the Administrator may

be shared by more than one training center

or certificate holder.

This paragraph would require a

training center to establish and maintain

a principal business office that could

not be shared with a part 121, 135, 141,

or 142 certificate holder. The intent of

this paragraph was to ensure that the

principal business office of a training

center is located at a permanent

physical location with the

characteristics of an ordinary business

office. It was intended to preclude the

use of transient locations with

inadequate facilities for properly

maintaining records.

The FAA proposed this paragraph to

preclude certain difficulties with

commingled records or with changing

standards for some students of training

entities offering training under more

than one part of 14 CFR. Commingling

is considered undesirable because

different standards apply to entities

certificated under the several 14 CFR

parts. However, upon reconsideration,

the FAA does not believe that proposed

paragraph (b)(3) is necessary because

the FAA can prevent the commingling

of records by better guidance on

recordkeeping requirements and special

emphasis on surveillance and

inspection of that recordkeeping.

Therefore, the proposed restriction has

been deleted.

Paragraph (b)(2) of § 142.17 proposed

that records required by part 142 must

be kept at a principal business office.

This proposed requirement was to

permit the FAA to locate and

periodically review records in order to

determine compliance with part 142

standards.

AMR commented that the

recordkeeping location requirement in

proposed paragraph (b)(2) would work

only where the principal business office

and the training facility are co-located,

and in no case would it be workable for

a satellite training center.

The FAA has considered AMR’s

comment and has revised proposed

paragraph (b) accordingly to provide

that records may be kept where training

or testing takes place.

Under the NPRM, training centers

certificated under part 142 would be

permitted to provide ground instruction

as well as training in flight simulators,

flight training devices, and aircraft;

however, in order to be certificated

under part 142 paragraph (d) proposed

that a training center applicant, in

effect, would be required to ‘‘have

exclusive use of’’ at least one FAAapproved flight simulator.

Several comments had to do with

sharing of training facilities or flight

simulators by several arrangements

between the sharing parties.

FSI, several part 121 certificate

holders, and the Regional Airline

Association (RAA), commenting on

proposed paragraph (d) stated, that the

proposed requirement to have

‘‘exclusive use of’’ at least one flight

simulator would preclude ‘‘dry leasing’’

of flight simulator time.

For the purposes of this section, the

FAA intended that the term ‘‘exclusive

use’’ include ‘‘dry leasing.’’ The FAA

recognizes that ‘‘dry leasing’’ is a

normal practice in the industry, and that

its continuation is essential to the

industry for at least the foreseeable

future. However, for clarity, the wording

of this provision has been revised to

require that the training center have the

flight training equipment ‘‘available

exclusively’’ for adequate periods of

time. This is to distinguish the

requirements of this section from other

‘‘exclusive use’’ requirements of other

regulations, which may not include

‘‘dry leasing.’’ It should be noted that

the FAA did not propose to prohibit

sharing of flight training equipment. In

fact, the FAA anticipated that such

sharing would be likely. Therefore, the

FAA has revised proposed paragraph (d)

by adding the words ‘‘available

exclusively for adequate periods of

time.’’

A few commenters, also commenting

on proposed paragraph (d),

recommended that the proposal to have

readily available at least one flight

simulator as a prerequisite to apply for

a part 142 certificate be clarified in the

rule language. Gateway Technical

College commented that institutions

such as theirs are unable to afford to

own or lease a flight simulator, but that

they are able to provide a needed

service by use of flight training devices

only. Gateway and Broward Community

College suggest that the FAA allow a

‘‘low-end part 142 school’’ or a limited

part 142 certificate.

The FAA believes that flight training

in aircraft and in flight training devices

is adequately covered by part 141 pilot

schools and that the primary emphasis

of part 142 training centers will be

training with flight simulators.

However, the FAA believes that

essentially equivalent training can be

accomplished by use of advanced flight

training devices that represent a specific

aircraft in cockpit configuration,

function, and flight handling

characteristics when those flight

training devices are supplemented with

training in the same type aircraft.

Advanced flight training devices with

those characteristics are currently

qualified by the FAA as Level 6 and

Level 7 flight training devices.

Therefore, proposed paragraph (d) has

been reworded to permit an applicant to

obtain a part 142 certificate if it has an

advanced flight training device.

In an apparent comment to proposed

§ 142.17 (d), ATA and several part 121

certificate holders commented that this

section would ‘‘require a part 121

certificate holder...to purchase duplicate

simulators, CBT stations, training aids,

and other training devices for use in the

part 142 school even if its part 121

devices are not 100% utilized and (are)

available for contract training.’’

As also discussed above under

proposed § 142.13 in response to a

comment from United, the FAA did not

intend to require duplication of flight

training equipment. The commenters

may have interpreted proposed

paragraph (d) to mean that the exclusive

use provision of proposed § 142.17 (d)

could require some duplication. The

FAA did not intend for air carriers to

needlessly duplicate existing

equipment. It only intended that the

training center have exclusive use of the

equipment for the period of time that is

needed. As stated above, the FAA has

revised proposed paragraph (d) to state

that the facilities must be available

exclusively for adequate periods of time

to complete the required training,

testing, or checking. Therefore, the

duplication described by the

commenters is not required.

TWA commented that the proposals

in this section implied two different

standards for aircraft type ratings - one

for part 142 training centers and one for

part 121, 135, and 141 certificate

holders.

TWA, and other commenters, also

raised this issue in comments to § 61.63.

The FAA disposed of comments on

added type ratings in the section-bysection analysis of § 61.63. In this

discussion, the FAA explains that there

are not two different standards for
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34537

airman performance for an added type

rating.

This proposed section has been

changed as indicated above, has been

renumbered as § 142.15, and is adopted

with the changes discussed.

§ 142.19 (adopted as § 142.17)

Satellite training centers. This section

proposed that training centers would be

permitted to establish satellite training

centers.

Boeing and AIA commented that

some provision should be made for

training in remote areas.

Although part 142 provides for

training centers and satellite training

centers, the FAA does not intend to

prevent training at sites other than the

training center location or satellite

training center location. Such training is

permissible if the training center or

satellite training center of the certificate

holder complies with the requirements

of part 142 relating to that remote

training. The FAA will provide for

training at remote sites through the

training specifications.

AMR asked if a satellite training

center also would have to have a flight

simulator, its own principal business

office, and if the parent training center’s

instructors could instruct at both a

training center and at a satellite training

center. It stated that there is an

inference that a satellite training center

would have to apply for a certificate, but

that proposed § 142.19 would not

require a certificate for a training center.

It suggested that only the main training

center hold a certificate.

The FAA agrees. The FAA proposed

that only the principal training center

must hold a training center certificate

and this proposal has not been changed

in the final rule.

The discussion of this section in the

NPRM indicated that a satellite training

center would have to have at least one

simulator and the other facilities

required by this part. However, it

should be noted that proposed § 142.17

has been revised in response to

comments to allow a person with an

advanced flight training device (i.e., a

Level 6 or Level 7 flight training device)

to apply for a training center certificate.

Thus, a satellite training center would

be permitted to operate with such a

device in lieu of a flight simulator.

A satellite training center need not

have separate management personnel. It

does not have to have a separate

principal business office. Instructors

and evaluators may work at more than

one training center or satellite training

center, provided those persons meet the

requirements of part 142, as required by

proposed § 142.19 (a)(2), which is

adopted as § 142.17 (a)(2) in the final

rule.

See the discussion of the following

section for restrictions on satellite

training centers located outside the

United States.

This section is renumbered as

§ 142.17 and adopted by revising

proposed paragraph (a)(2) to better

clarify the location of the supervisors.

§ 142.20 (adopted as § 142.19) Foreign

training centers: Special rules. The FAA

proposed, under § 142.20, that a training

center or satellite training center may be

located outside the United States only if

it is in a location approved by the

Administrator. This section further

proposed that a training center or

satellite training center located outside

the United States may issue U.S. pilot

certificates to U.S. citizens only but may

add ratings, authorizations, and

endorsements to all pilot certificates

issued by the FAA.

Three comments were received

concerning this proposed section.

FSI asked what authority the FAA has

to approve or deny locations of training

centers outside the United States, since

the Departments of Commerce, Defense,

and State have jurisdiction over this

matter.

The FAA is withdrawing its proposal

to approve the location of training

centers outside the United States. It is

sufficient to set the standards for

certification of training centers located

inside and outside of the United States.

Therefore, proposed paragraph (a) has

been amended to remove references that

the Administrator must approve the

location of training centers outside the

United States. Further, paragraph (a), as

adopted, specifically states that

certificates for training centers outside

the United States are issued at the

discretion of the Administrator.

AMR commented that this section

seems to ignore the possibility of part

121 and part 135 initial and recurrent

checks being conducted at a foreign

training center.

The FAA agrees that those areas need

to be specifically addressed. (See also

the § 61.2 (adopted as § 61.3) discussion

related to this matter.) A new paragraph

(c) has been added to this section to

make explicit the authority of foreign

training centers to conduct proficiency

checks, pilot reviews, recency of

experience requirements, SIC

qualifications, and other training subject

to approval of the Administrator.

AIA commented that this section

seems to imply that all foreign training

centers must be approved by the FAA.

As indicated above in response to

FSI’s comment regarding approval of the

location of training centers, the FAA has

amended proposed paragraph (a).

In paragraph (b), the FAA proposed

that a training center or satellite training

center located outside the United States

may issue U.S. pilot certificates to U.S.

citizens only but may add ratings,

authorizations, and endorsements to all

pilot certificates issued by the FAA

when approved to do so.

Proposed paragraph (b) is revised in

this final rule to remove the reference to

satellite training centers located outside

the United States.

The FAA has made editorial changes

to this section to make it clear that a

training center may prepare and

recommend applicants for certificates

and ratings, but may not actually issue

a certificate or rating without

authorization to issue a specific kind of

certificate or rating.

Also, the FAA proposed, in § 142.7, a

permanent certificate. The certificate

could have been suspended or

terminated, but would not require

renewal. The objective of this proposal

was to simplify paperwork and reduce

the workload for the FAA and

applicants. However, the FAA has

determined that there is a need to

provide for periodic renewal of a

certificate for those training centers

outside the United States in order to

ensure adequate safety oversight. Other

air agencies outside the United States,

such as repair stations certificated under

part 145, have annual renewal

requirements.

This section is renumbered as

§ 142.19 and adopted with the changes

discussed.

§ 142.21 Prohibited drugs. Reserved.

See the discussion above entitled ‘‘Part

142.’’

§ 142.23 Testing for prohibited

drugs. Reserved. See the discussion

above entitled ‘‘Part 142.’’

§ 142.25 Refusal to submit to a drug

test. Reserved. See the discussion above

entitled ‘‘Part 142.’’

§ 142.27 Display of certificate. No

comments were received concerning

this proposed section. Therefore, it is

adopted as proposed.

§ 142.29 Inspections. This proposed

section would require training centers to

permit inspections by the FAA at

reasonable times and places.

AMR made some suggestions for

essentially editorial changes.

This section was adopted as

proposed, with the small editorial

changes suggested by the commenter.

§ 142.31 Advertising limitations.

This section proposed to restrict

training center advertising to that

training that has been approved by the

Administrator.
34538 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

Boeing and AIA commented that the

proposal would restrict it from offering

non-FAA approved training to non-U.S.

customers. Several air carrier certificate

holders commented that the proposal

would preclude the conduct of training

not under the jurisdiction of the

Administrator, such as training for

foreign corporations that would meet

the requirements of that foreign country.

Others commented that some training

centers might want to offer training in

ancillary subjects that are not required

by any part of 14 CFR. Commenters

offered first aid, maintenance technician

procedures, and meteorology as

examples.

The FAA agrees that the proposed

advertising limitations should be

reworded to provide for circumstances

such as those described by the

commenters. Therefore proposed

paragraph (a) has been revised to

indicate that this section applies to

training that is designed to satisfy any

requirement of 14 CFR. Any training

offered by a training center that goes in

whole or in part to satisfying a

requirement of 14 CFR must be

approved. Training for other purposes

need not be approved. Training that is

not specifically approved by the FAA

may not be advertised as FAA approved.

Andrews University asked whether

this section would preclude a part 142

training center from operating under

part 61. It suggested that training centers

should be allowed to operate under part

61.

Part 61 is not considered an

‘‘operating’’ part of 14 CFR. Training

centers certificated under part 142 will

train to meet the requirements of part

61, among other parts. A training

program or curriculum approved for

presentation under part 142 may not be

presented to meet the requirements of

part 61 without a part 142 training

center certificate.

This section is adopted as revised.

§ 142.33 Training agreements. No

comments were received concerning

this proposed section. Therefore, it is

adopted as proposed.

Subpart B—Aircrew Curriculum and

Syllabus Requirements

§ 142.35 Applicability. This section

specifies that the training programs

described by this subpart apply to that

segment of aviation frequently called

‘‘general aviation’’ that operates under

part 91, and that is not required by

regulation to have a training program.

Airbus commented that this subpart is

not applicable to training provided ‘‘by

part 25 aircraft manufacturer’s training

centers to its employees, U.S.

certificated employees of the aircraft

manufacturer, and FAA air carrier

inspectors.’’

This subpart applies to all training

center activity except that provided by

a part 121 certificate holder to another

part 121 certificate holder or by a part

135 certificate holder to another part

135 certificate holder, unless the

certificate holder providing such

training chooses to become a part 142

certificate holder.

This section is adopted as proposed.

§ 142.37 Approval of flight aircrew

training program.

The FAA proposed, in proposed

paragraph (c)(1), that training programs

submitted for approval specify which

courses are part of a specialty training

curriculum. Core curricula and specialty

curricula are defined in § 142.3.

Proposed paragraphs (c)(2) and (3)

require applicants, when filing an

application for training program

approval, to indicate which

requirements the training program

curriculum will satisfy and which

requirements the training program

curriculum will not satisfy.

AMR commented that the proposed

provision of § 142.37 (c)(1) needs

clarification. In simplest terms, it states,

not every course must be designed to

accomplish all the learning objectives

required for every practical test.

ATA and several part 121 certificate

holders commented that proposed

paragraph (c)(1) does not make clear

what constitutes an approved training

program. They cite the detail of

§ 121.424 and appendix H of part 121 as

examples of training program detail for

the ATP certificate and airplane type

rating. They state that it appears that an

approved training program for a

particular certificate or rating would

consist of the maneuvers, procedures,

and exercises required for the

certification practical test.

The FAA agrees with the commenters

about training to meet the requirements

of the PTS. The areas of aeronautical

knowledge for each certificate and

rating are listed in the applicable

section of part 61. The PTS lists the

tasks, conditions, and standards of

performance for all certificates and

ratings. Currently, the PTS, inspector’s

handbooks, appendix A of part 61, and

appendices E, F, and G of part 121 list

maneuvers and procedures for a

curriculum for only the ATP certificate

and airplane type rating. Guidance on

the content, style, and length of all

written tests is in other documents.

Other considerations to include in a

training program are listed in

handbooks, advisory circulars, and in

other FAA publications. Section

142.37(d) outlines the general

requirements for a training program. It

is not necessary and not practical to put

all details in 14 CFR.

FSI commented that, since paragraph

(c)(2) requires an applicant for each

curriculum approval to indicate which

requirements of part 61 would be

satisfied, the requirement in paragraph

(c)(3) is redundant.

The FAA believes that both

paragraphs are needed to help ensure

that no requirement goes unaddressed

by oversight or by assuming that the

requirement will be met in some other

way.

In a general comment to this section,

ATA and other commenters stated that

they ‘‘would strongly object to any

attempt by the FAA to impose

additional requirements or restrictions

not related to training as a condition of

(approval of a training program).’’ They

state that they would object on the

grounds that the public was not given

an opportunity to comment on

requirements imposed administratively.

The commenters did not provide

information on their specific concerns;

however, the FAA agrees in general that

additional requirements unrelated to

training should not be imposed without

opportunity for public comment.

This section was amended by making

minor editorial changes and by adding

a new paragraph (b) and rearranging

other proposed paragraphs. The FAA

determined that a new paragraph (b) is

needed to make clear that curricula

approved under SFAR 58 are approved

without modification for use in this

part.

The section is adopted as revised.

§ 142.39 Training program

curriculum requirements. This section

proposed that each training program

curriculum submitted for approval

would have to contain a syllabus,

minimum flight training equipment

requirements, and minimum instructor

and evaluator qualifications for each

proposed curriculum. However, for

AQP, the FAA proposed that approval

of a curriculum under SFAR 58 would,

for an applicant, constitute complete

approval of that curriculum for use by

a training center certificated under part

142, since the AQP application contains

curriculum criteria at least as detailed as

the part 142 curriculum requirements

set forth in § 142.39.

Airbus commented that the section

should be restructured to provide for

initial and final approval of training

program curricula.

Different stages of initial and final

approval are specifically not a feature of

part 142. After determining that a

proposed training program meets all

applicable requirements, the
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34539

Administrator will approve the training

program. If approval of a training

program curriculum proves to have been

inappropriate, the Administrator may

use the authority of §§ 142.7 or

142.13(e) to suspend or revoke a

certificate. The intention is to simplify

the application and approval process.

For the reason stated, this section is not

revised to include a provision for initial

and final approval stages.

Paragraphs (c) and (d) of this section

proposed that each curriculum

submitted for approval must include:

(c) Minimum instructor and evaluator

qualifications for each proposed

curriculum;

(d) A curriculum for initial training

and continuing training of each

instructor or evaluator employed to

instruct in a proposed curriculum.

United commented that paragraphs (c)

and (d) are not required and are overly

burdensome for part 121 certificate

holders.

The FAA believes that these

paragraphs are necessary controls, and

that presenting the instructor and

evaluator qualifications to the FAA at

the time of application for a part 142

certificate and changes to its

curriculums would cause almost no

additional burden to a part 121

certificate holder. It is even likely that

existing documentation for these

positions could be used in its existing

format. The FAA has determined that

these paragraphs should be adopted to

ensure that instructors meet, and

maintain, the skills considered essential

for properly instructing their students.

Paragraph (e) proposed:

(e) For each training program that provides

for the issuance of a certificate or rating in

fewer than the minimum hours prescribed by

part 61 of this chapter for training, testing,

and checking conducted under part 142 of

this chapter—

(1) A means of demonstrating the ability to

reduce the minimum hours prescribed in part

61 of this chapter for training, testing, and

checking conducted under part 142 of this

chapter; and

(2) A means of tracking student

performance.

Boeing and AIA commented that

proposed paragraphs (e)(1) and (2) do

not allow credit for previous experience

in similar aircraft ‘‘per AC 120–53.’’

Paragraph (e) is directed to those

hours which are specified in part 61, as

stated, and has no impact on AC 120–

53.

ATA and several part 121 certificate

holders commented that the tracking

required in proposed paragraph (e)(2)

would be a costly and near-impossible

task, that data would be sparse, and

would not necessarily validate success

or failure of the attempted program.

As discussed also in § 61.109, the

intention of allowing a further reduction

in the minimum hours of aeronautical

experience is to allow maximum

flexibility to a training center to

develop, at some future date, innovative

curriculums that might adequately train

for a specific certificate or rating in

fewer than the current minimum

number of hours. In order to gain the

privilege of further reducing minimum

training hours, a training center will be

required to demonstrate that it can

provide proper training in fewer hours.

To accomplish this, it would have to

propose a method of tracking graduates

and collecting data to validate training

program effectiveness. Data to be

tracked to point to program

effectiveness might include incidents,

accidents, hours flown, and type of

flying. A training center would have to

present historical data covering at least

1 year (or other period of time approved

by the Administrator) before it could be

granted a reduction in the minimum

hours prescribed in this section. Data

covering performance over this period

of time is considered necessary to

properly evaluate student performance.

Data covering a shorter term would not

be sufficient to allow the FAA to

evaluate performance during varying

seasonal conditions.

In a general comment to this section,

TWA pointed out that the requirement

for a letter of authorization did not

appear in the proposed rule text.

The FAA did not intend to propose

such a requirement. The NPRM

preamble mistakenly stated that

proposed paragraph (a)(4) would require

a training center to issue annually a

letter of authorization to each instructor

for each course that instructor may

teach. The final rule does not adopt

such a requirement.

The FAA has reworded the reference

to a curriculum, which appeared in this

proposed section to instead reference a

curriculum containing a syllabus to

indicate that a curriculum is

implemented by a syllabus. This

editorial change is to maximize

standardization with training program

terms already in use and widely

accepted.

This section is adopted with the

changes discussed.

Subpart C—Personnel and Flight

Training Equipment Requirements

This subpart contains instructor and

evaluator eligibility requirements,

addresses instructor and evaluator

privileges and limitations, and

addresses instructor and evaluator

training, testing, and qualification for

training programs approved under

subpart B. This subpart also contains

rules governing flight training

equipment requirements.

§ 142.45 Applicability. This

proposed section sets forth the

personnel and equipment required for

training that is to meet the requirements

of part 61.

Airbus commented that this section

should be restructured to exempt

employees of the training center, U.S.

certificated employees of the aircraft

manufacturer, and FAA inspectors.

The FAA does not agree. The persons

cited by the commenter are required to

meet the training and certification

requirements of part 61.

AMR commented that the proposal

does not make clear whether an

instructor or evaluator would be subject

to the proposed requirements contained

in both subpart C and subpart G of this

part. It states that current training center

practice is to use instructors to teach

pilots who operate under various parts

of 14 CFR.

Because the FAA has decided to

delete proposed subpart G, the

commenter’s question is academic in

this instance. However, an instructor or

evaluator may instruct non-air-carrier

customers and air carrier customers if

the instructor or evaluator is otherwise

qualified and designated by the training

center to perform both functions.

With editorial changes for clarity and

brevity, this section is adopted as

proposed.

§ 142.47 Training center instructor

eligibility requirements.

To make as many qualified instructors

as possible eligible, the FAA proposed

in paragraph (a) of this section that

training center instructors meet only

one of the following standards: Hold at

least a commercial pilot certificate with

an instrument rating; at the time of

accepting employment, be currently

qualified to instruct under part 121 or

part 135; or hold a ground instructor

certificate with instrument rating and

meet at least the commercial pilot

aeronautical experience requirements.

ATA and several other part 121

certificate holders commented that the

words ‘‘at the time of accepting

employment’’ in proposed paragraph

(a)(3)(ii) was too restrictive and might

preclude the hiring of some otherwise

well-qualified potential instructors.

The FAA agrees with the commenters.

Accordingly, this paragraph has been

revised to provide that instructors may

qualify for designation by training

centers within 2 years of having been

qualified and current to instruct for a

part 121 or part 135 certificate holder in

the type airplane in which the instructor
34540 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

is to be designated by the training

center.

ATA and others also commented that

ATP certificate holders should be able

to instruct others without holding any

other certificate.

The FAA does not believe that the

holder of an ATP certificate should be

permitted to instruct persons by virtue

of holding the ATP certificate, except in

air transportation service as authorized

by § 61.169 of this chapter. The

authority of § 61.169 does not extend to

instructing other airmen to qualify for

the ATP certificate or instructing other

holders of an ATP certificate for added

ratings, except within the narrow and

specific instance of instructing in air

transportation service.

Moreover, in response to these

commenters, the FAA has determined

that instructor qualification

requirements of part 142 are at least

equivalent to the knowledge and skill

requirements for a ground instructor

certificate regardless of whether the

instructor holds an ATP certificate.

Accordingly, the FAA has deleted

paragraph (a)(3). Other provisions of

proposed paragraph (a)(3) have been

moved to other paragraphs.

AMR commented that training centers

should be permitted to employ persons

who are not pilots to be instructors,

such as maintenance instructors, and

that the rule language should address

that possibility.

The FAA agrees and paragraph (a) has

been reworded to make it clear that the

requirements of the section, and the

subpart, apply only to persons who are

employed as instructors in a flight

training course that is subject to

approval of the Administrator, as

discussed under § 142.31. The FAA

stated in the discussion of that section

that any training offered by a training

center that goes in whole or in part to

satisfying a requirement of 14 CFR must

be approved; however, training for other

purposes need not be approved.

Paragraph (b) proposed the following:

(b) A training facility operating under an

exemption to part 61 prior to August 1, 1996

may allow a person who has been employed

as a simulator instructor for that training

facility to continue to instruct provided the

training facility—

* * * * *

(ii) Instructs only in qualified and

approved flight simulators in which that

person has been authorized by the

Administrator to instruct within the 12

months immediately preceding certification

of the employing training center.

AIA commented that paragraph

(b)(2)(ii) does not allow existing

instructors to transition to new

equipment without complying with the

new part 142 instructor qualification

provisions. It states that the proposal is

too restrictive and recommends that it

be deleted.

AIA is correct in its interpretation that

instructors transitioning to new

equipment must comply with part 142

instructor qualification provisions. As

an exception, proposed paragraph

(b)(2)(ii) (revised and adopted as

paragraph (a)(6)(iii)) is a ‘‘grandfather’’

provision only for persons who are

employed as simulation instructors on

the effective date of this final rule and

who instruct only on the same

equipment. Those persons who do not

meet the instructor qualifications of part

142 will not be allowed expanded

instructor privileges unless the

instructor applicant meets the standards

prescribed by part 142.

FSI commented that proposed

paragraph (b)(2)(ii) (revised and adopted

as (a)(6)(iii) ) should be reworded to

grandfather privileges of instructors in

approved flight training devices as well

as privileges in flight simulators.

The FAA agrees with this

recommended change because

instructors will be using simulation

media, not just flight simulators.

Proposed paragraph (b)(2)(ii) has been

reworded accordingly and, as indicated

above, is adopted as new paragraph

(a)(6)(iii).

AMR commented that this section

indirectly requires a training center

instructor to hold at least a second class

medical certificate.

This is not a correct interpretation of

the proposal. The alternative

requirements for instructors that are

outlined in preceding paragraphs

provide for a training center to employ

instructors in simulation only who do

not hold an airman medical certificate.

Since the publication of the NPRM,

and in response to a petition from the

public to amend existing exemptions,

the FAA has allowed persons to qualify

as simulator-only instructors without

holding an instructor certificate, if those

persons meet certain alternative

qualifications. The FAA has determined

that it is appropriate to include those

alternative qualifications in this final

rule; therefore, this section has been

restructured accordingly. The

alternative qualifications will allow

training centers to employ as instructors

persons who are former military pilots,

former or current airline pilots, and

other persons who may not hold an

instructor certificate. Instructors who

instruct in a required crewmember seat

in flight must hold a flight instructor

certificate with appropriate ratings and

an airman medical certificate. The

alternative qualification requires a

training center to train a potential

instructor in specified subjects, and to

administer a written test following the

instruction. The written test must be

approved as a part of the training

program. The test must be of similar

complexity, difficulty, and scope as the

written test for flight instructor airplane

and instrument flight instructor.

Training center certificate applicants

and training centers may consult

publication FAA–T–8081–18, Flight and

Ground Instructor Written Test Book for

guidance in developing the written test.

The FAA does not intend that the test

include questions about flight

maneuvers such as turns about a point,

chandelles, and spins.

This section is adopted with the

changes discussed.

§ 142.49 Training center instructor

privileges and limitations. This section

proposed that, to instruct in an aircraft,

a training center instructor must hold a

current flight instructor certificate with

certificates and ratings applicable to the

aircraft used for instruction, hold at

least a valid second class medical

certificate, and meet the recency of

experience requirements of part 61.

These proposed requirements for

aircraft flight instructors are the same as

those currently required by part 61.

AMR commented that, by using the

words ‘‘training, testing, and checking’’

in proposed paragraph (b), the FAA

would impose these requirements on

evaluators as well as instructors, and

noted that there are no proposed

sections dealing with evaluator

privileges and limitations. AMR

suggested changing the title of this

section to include evaluators.

The FAA agrees that the title should

be changed as recommended and has

reworded the title accordingly and has

added evaluation to this paragraph.

Proposed paragraph (c) included the

following:

(c) A training center may not allow an

instructor to—

(1) Excluding briefings and debriefings,

conduct more than 8 hours of instruction in

any 24-consecutive-hour period.

FSI, ATA, and several air carrier

certificate holders commented that the

duty times proposed in this paragraph

are too restrictive.

Flight instructor duty time was

discussed under § 61.169. As discussed

in that section, the FAA is convinced

that it is in the interest of safety to

assure that instructors are not unduly

fatigued when instructing pilots. The

proposed duty-time limitations are

considered necessary to ensure that

instructors are sufficiently alert when

giving required instruction.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34541

The FAA has, however, amended this

and § 61.169 to exclude briefings and

debriefings in response to the concerns

of these commenters.

FSI commented that the words

‘‘* * * any 24-consecutive-hour

period’’ in proposed paragraph (c)(1) be

changed to ‘‘* * * a day.’’

The FAA disagrees with the

commenter’s suggested wording, for

such wording would allow an instructor

to conduct 16 consecutive hours of

instruction, excluding briefings and

debriefings. This practice is considered

unacceptable for the reasons stated

above.

Proposed paragraph (c)(3)(iv) states

that a training center may not allow an

instructor to provide flight instruction

in an aircraft unless that instructor

holds at least a valid second class

medical certificate.

ATA and several part 121 certificate

holders commented that this paragraph

should specify that an instructor who

instructs only in simulation need not

hold a medical certificate.

AIA commented that there was no

need to require a medical certificate for

flight instructors, since it was not

required before.

The FAA agrees with both

commenters. Paragraph (c)(3)(iv) has

been amended to specify that a medical

certificate is required only when

instructing from a required crewmember

seat in an aircraft in flight. This change

simply reiterates part 61 requirements

for an instructor to have a medical

certificate when acting as required flight

crewmember.

This section is adopted with the

changes discussed.

§ 142.51 Qualifications to instruct in

a flight simulator or a flight training

device. Reserved. See the discussion

above entitled ‘‘Part 142.’’

§ 142.53 Training center instructor

training and testing requirements.

Section 142.53 proposed initial and

annual recurrent training that would be

required of all training center

instructors.

Paragraph (a) proposed:

(a) Prior to authorization to instruct a

course of training, testing, and checking, and

except as provided in paragraph (c) of this

section, every 12 calendar months beginning

the first day of the month following an

instructor’s initial authorization, a training

center certificate holder must ensure that

each of its instructors meet the following

requirements:

(1) Each instructor must satisfactorily

demonstrate to an authorized evaluator

knowledge of, and proficiency in, instructing

each course of training for which that

instructor is authorized to instruct under this

part.

FSI commented that the proposal in

paragraph (a)(1) should provide that an

instructor’s demonstration would be

made ‘‘* * * in a representative

segment of a course.’’ According to FSI,

this change would provide a more

suitable way to determine an

instructor’s knowledge and proficiency

in multiple subjects in different courses

for various aircraft types.

Paragraph (a) has been reworded.

Changing the wording to ‘‘instructing in

a representative segment of each

curriculum,’’ allows evaluation of

instructors in a broad sampling of all

subjects. However, the FAA has

specified that the evaluation must

include a representative segment from

each curriculum.

Paragraph (b)(2), as originally

proposed, provided that ‘‘An instructor

who is unable to hold a medical

certificate may not instruct. * * *’’ In

the SNPRM referred to earlier, the FAA

proposed a change to paragraph (b)(2) to

eliminate the words ‘‘who is unable to

hold a medical certificate,’’ because that

restriction was believed to be

unnecessary.

For clarification, the FAA has further

revised paragraph (b)(2) of the final rule

to specifically permit an instructor to

provide instruction even if he or she

does not hold an airman medical

certificate, provided that the instructor

is otherwise qualified. It is also revised

by removing an obsolete reference

‘‘advanced simulation plan.’’

Proposed paragraph (b)(2)(ii)(B)

requires instructors to participate in an

in-flight observation training course,

that includes three takeoffs and three

landings, and that includes performing

at least 1 hour of LOFT as the sole

manipulator of the controls. The 1 hour

of LOFT must be performed in a flight

simulator that replicates an aircraft of

the same class and, if a type rating is

required, of the same type as the aircraft

represented by the qualified and

approved flight simulator in which that

instructor is designated to instruct.

Several commenters stated that

paragraph (b)(2)(ii)(B) refers to Level C

or Level D flight simulators, and

suggested that appendix H of part 121

be changed by this rulemaking to

indicate levels instead of phases.

The proposed requirement contained

in this paragraph can be accomplished

only in Level C or Level D flight

simulators, as the Administrator

currently qualifies flight simulators. As

discussed above in the section of this

document entitled ‘‘Related Activity,’’

the FAA has issued an NPRM entitled

‘‘Part 121; Appendix H, Advanced

Simulation Plan Revisions’’ [60 FR

8490; February 14, 1995] to update and

revise appendix H of part 121. In that

NPRM, the FAA proposes to change all

references from ‘‘phases’’ to ‘‘levels’’ in

part 121, appendix H.

ATA and several other commenters

stated that paragraph (c) of this section

establishes a base-month concept for

instructor recurrent qualifications, and

suggested instead an annual

requirement only, similar to the

requirement appropriate to part 121

certificate holders.

The FAA does not agree. The

commenter’s suggestion apparently

would allow training centers to provide

recurrent training to instructors as

infrequently as every 24 months. The

FAA believes that 12 months is the

maximum period that should be

allowed between recurrent

qualifications. Therefore, the FAA has

adopted the recurrent training

requirement once each 12-month

period, as proposed.

General Comments to § 142.53 as

Proposed

ATA commented that, in many cases,

part 121 instructor training is more

comprehensive than the training that

would be required under this section

and under § 142.55. It recommended

that wording be incorporated to credit

an instructor with equivalent training

that he or she may have completed in

a part 121 instructor training course.

The FAA agrees. Accordingly, a new

paragraph (d) has been added to permit

an instructor to receive credit for

equivalent instructor training courses

taken under part 121 or other courses

the Administrator finds equivalent.

AMR commented that this section and

title should be amended to specify that

instructors who teach in courses not

leading to pilot certification under part

61 are not subject to the provisions of

this section.

The proposed requirements contained

in this section apply to instruction

designed to satisfy only various

requirements of 14 CFR. They address,

among other things, courses for review,

proficiency, added ratings, and

authorizations in addition to

certification. As discussed in the

section-by-section discussion of

§ 142.31, the instructor qualification

requirements of part 142 do not apply

to courses that are not designed to

satisfy any part of 14 CFR and that are

not subject to approval of the

Administrator.

One commenter asked why

simulation-only instructors are not

required to complete initial or recurrent

training in aircraft, the same as

instructors who instruct in flight.
34542 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

The FAA has used past experience

and recommendations from a joint

industry-FAA working group to form

alternatives to in-flight training, testing,

and checking that ensure an equivalent

level of safety, since simulation-only

instructors will not be instructing in

aircraft.

ATA and several part 121 certificate

holders commented that proposed

§ 142.91 in subpart G, which paralleled

this section and has been withdrawn,

should have a paragraph added to

require an annual written test and an

annual proficiency check in each flight

simulator, flight training device, and/or

aircraft in which the instructor will be

instructing. According to these

commenters, the test and check should

cover the maneuvers that the instructors

will be instructing in.

The FAA agrees and has revised this

proposed parallel section accordingly.

AMR asked if an instructor could

instruct under subpart C and subpart G

at the same time. It recommended that

this should be permitted.

Although subpart G has been

withdrawn, instructors will be

permitted to provide instruction to air

carrier clients and non-air-carrier clients

if otherwise qualified.

AIA commented: ‘‘This (sic) is more

restrictive than existing check pilot

requirements. Why?’’

The commenter apparently is

referring to this entire section as being

restrictive. The FAA would not describe

this as more, or less, restrictive than

existing check pilot requirements.

Check pilots are employed in parts 121

and 135. They provide checks pursuant

to the comprehensive training programs

required by those parts. A check pilot

has functions and responsibilities

different from those of a part 142

training center instructor. Thus, the

training and checking provisions

proposed for part 142 instructors have

been tailored to meet part 142

requirements. They necessarily are

different than the training and testing

requirements applicable to check pilots

performing checks under part 121 and

part 135.

This section is adopted with the

several changes discussed.

§ 142.55 Training center evaluator

requirements. Paragraph (a) of this

section proposed the requirements for

an evaluator, as follows:

(a) In order to authorize a person as

evaluator, a training center must ensure that

the person—

(1) Is approved by the Administrator;

(2) Is in compliance with §§ 142.47, 142.49,

and 142.53 of this part; and

(3) Prior to authorization, and except as

provided in paragraph (b) of this section,

every 12-calendar-month period following

initial designation satisfactorily completes a

course of training provided by the training

center that includes the following:

(i) Pilot evaluator duties, functions, and

responsibilities;

(ii) Methods, procedures, and techniques

for conducting required checks;

(iii) Evaluation of pilot performance; and

(iv) Management of unsatisfactory checks

and subsequent corrective action.

AMR, commenting on proposed

paragraph (a), stated that it was not clear

if training center evaluators will have

authority equivalent to designated

examiners or pilot proficiency

examiners, and asked for clarification.

Under part 142 an ‘‘evaluator’’ is a

person who determines competence of

persons applying for a number of

different certificates and ratings subject

to 14 CFR on behalf of the

Administrator. By contrast, designated

examiners and pilot proficiency

examiners have more limited authority.

ATA and several part 121 certificate

holders commented that proposed

§ 142.93 in subpart G, which paralleled

this section and has been withdrawn,

should have a paragraph added to

require an annual written test and an

annual proficiency check in each flight

simulator, flight training device, and/or

aircraft in which the instructor will be

instructing. According to these

commenters, the test and check should

cover the maneuvers that the instructors

will be instructing in.

The FAA agrees and has added a new

paragraph (a)(4) to clarify the request of

the commenters.

As discussed above, under § 142.53,

pursuant to an ATA comment, the FAA

has determined that it is appropriate to

give credit to potential evaluators who

have completed a part 121 evaluator

training course.

Accordingly, a new paragraph (c) has

been added to permit an evaluator to

receive credit for equivalent evaluator

training courses taken under part 121 or

part 135 that the Administrator finds

equivalent.

In response to several comments on

proposed § 142.93 (withdrawn) the FAA

has added a new paragraph (d) to this

parallel section to except evaluators,

qualified in accordance with SFAR 58,

from the evaluator requirements of this

section.

In addition to the above-referenced

revisions, several editorial changes have

been made. In proposed paragraph (b)

the term ‘‘instructor’’ is replaced with

‘‘evaluator.’’ The term ‘‘curriculum’’ has

been substituted for the term ‘‘training

course’’ and the term ‘‘tests’’ has been

substituted for the term ‘‘checks.’’ The

editorial changes have been made to

bring the terms into conformity with the

commonly accepted definitions as used

in numerous other parts of 14 CFR and

numerous FAA publications.

With the changes discussed, this

section is adopted as proposed.

§ 142.57 Aircraft requirements.

Paragraph (a)(1) and (a)(2) of this section

proposed that training center aircraft

used for instruction be civil aircraft of

U.S. registry if used in the United

States, and that training centers located

outside the country could use aircraft

registered in the host country.

Several commenters, including in

effect Airbus, discussed the need to

train in customer-owned aircraft which

might be registered in another country,

be operated by the aircraft manufacturer

during pre-certification, or be operated

under an export certificate of

airworthiness.

The FAA agrees and has determined

that it is unnecessary to specifically

provide for the registration of the

aircraft being used. It is sufficient that

the training center will have to comply

with the registration requirements of the

country of operation. Accordingly,

proposed paragraphs (a)(1) and (2) have

not been adopted. This change should

relieve the commenter’s concern. These

changes will allow training centers more

flexibility to train customers in

customer-owned aircraft.

With minor editorial changes and

restructuring to proposed paragraph (b),

this section is adopted as amended.

§ 142.59 Flight simulators and flight

training devices. Section 142.59(a)

proposed that flight simulators and

flight training devices used in an

approved training program must be

qualified by the Administrator.

Paragraph (a) of this section also

proposed that a flight simulator or flight

training device be approved for use in

a training center training program

curriculum. The preamble to paragraph

(a) contained the statements

‘‘Simulation has benefit only if

behaviors learned can be transferred to

the aircraft. No effective transfer of

learning has been demonstrated except

from flight simulators and flight training

devices that accurately replicate the

performance of an aircraft.’’

ATA and several part 121 air carriers

commented that the statement about

effective transfer of learning is untrue.

Based on its experience with flight

simulation and on study evidence

available to its National Simulator

Program Manager (NSPM), the FAA has

concluded that the statements are true.

While some learning may transfer from

devices that do not accurately replicate

aircraft, the experience gained is not
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34543

adequate to justify their use as a sole

means of training, testing, and checking.

A few air carriers commented that

they were not sure what was meant by

the words ‘‘make, model, and series’’

used in an example that was provided

in the NPRM preamble to proposed

paragraph (a)(1), which stated, ‘‘If part

61 * * * requires landing in a

particular make, model, and series

aircraft, then a flight simulator used to

simulate that aircraft would have to be

qualified and approved both for the

visual landing and to simulate the make,

model, and series of aircraft.’’ They

provide an example of an aircraft type

and different models of that type.

The commenters are correct. The FAA

did not intend to distinguish between

manufacturers’ models of the same

aircraft type. To make it clear that only

the particular aircraft type need be

simulated, as intended, the FAA has

added the words ‘‘or aircraft type’’ to

the text of paragraph (a)(1) in the final

rule. Section 142.59(c)(1) proposed that

flight simulators and flight training

devices used by training centers be

maintained to ensure the reliability of

the performances, functions, and all

other characteristics that were required

for initial qualification of the

equipment.

One commenter pointed out an

editorial omission of the word

‘‘qualification’’ in the text of this

paragraph. The commenter indicated

that the last word of proposed paragraph

(c)(1) should be ‘‘qualification’’ and not

‘‘approval.’’

The technical guidelines for flight

simulators are listed in AC 120–45, as

amended. That AC defines qualification

as distinct from, and preceding,

approval of a flight simulator. The FAA

has determined that it should continue

the use of commonly accepted words to

avoid possible confusion.

Section 142.59(c)(3) proposed that

flight simulators and flight training

devices used under part 142 be given a

functional check before being used.

Further, this paragraph proposed that

training center instructors must keep a

discrepancy log, and enter all

discrepancies in that log at the end of

each training session or check.

One commenter asked how often the

preflight requirement must be met and

also the purpose of the requirement.

The preflight is required each day the

flight simulator is used. The FAA added

the words ‘‘each day’’ to proposed

paragraph (c)(3) to make clear the

requirement for frequency of preflight

inspections. The purpose of preflight

inspections is for the instructor to

determine whether the applicable

Simulator Component Inoperative

Guide (SCIG), if any, has been met, or

whether all simulator components

needed for a specific training or testing

period are present and operative. The

FAA believes that, to ensure effective

training, a flight simulator or flight

training devices must accurately

replicate the performance of an aircraft.

The FAA can determine that flight

simulation accurately replicates an

aircraft only if all components of a flight

simulator or flight training device are

checked for proper operation before the

device is used.

Section 142.59(d) proposed that,

unless otherwise authorized by the

Administrator (in an SCIG), all

components on a flight simulator or

flight training device used by a training

center must be operative to ensure

faithful replication of aircraft

capabilities.

Several comments were received

concerning this proposal. Generally, the

comments addressed aircraft Minimum

Equipment List (MEL), and the fact that

the FAA has not developed a master

MEL for flight simulators.

The FAA is amending paragraph (d)

this section to provide that no

component of a simulator may be

inoperative, missing, or malfunctioning

if that component is required for or

involved in the planned training,

testing, or checking. A flight simulator

or flight training device SCIG is a guide

approved by the Administrator that

indicates the specific training, testing,

or testing tasks that are authorized. It

also indicates the restrictions imposed,

if a component is inoperative,

malfunctioning, or missing. At this time,

the FAA does not plan to issue an SCIG

or master SCIG, but intends instead to

allow any training center applicant or

training center to develop its own for

the various courses which it may teach

and submit it to the FAA for approval.

The FAA will review and approve an

SCIG developed and submitted by a

training center.

Section 142.59(e) proposed to allow

training centers to use flight simulators

in approved courses without specific

route or terminal aids and visual scenes.

While the FAA did not receive

comments on this proposed section,

ATA and others commented in response

to the proposed companion section,

§ 142.97, (since withdrawn), that

operator specific routes may be

necessary. The commenters stated that

the relaxed specific route requirements

during LOFT would not meet the

requirements of § 121.409(b)(3).

The FAA understands the

commenter’s concern. LOFT or other

LOS may be used for purposes other

than necessarily satisfying § 121.409. If

a particular air carrier wants a particular

route or other detail represented, it may

require that of the training center with

which it contracts. It is inefficient for

certification and type rating training and

testing for all airmen to be subject to an

absolute requirement for training along

a particular route, which may be

‘‘repositioned along’’ anyway. The FAA

believes it is appropriate to leave it to

the discretion of a particular air carrier

to determine if it wants a specific route

simulation in its training program.

Therefore, this section is adopted as

proposed.

Jet Exam, commented that the

language of this section could be

interpreted to mean that a training

center applicant would have to obtain

training program approval or a training

course approval before it could request

approval of a simulator, and that this

would be an unnecessary burden on the

applicant.

The FAA agrees with the commenter’s

observation that obtaining approval of a

training course before obtaining

approval for a flight simulator could be

an economic burden. However, the FAA

did not propose that a certificate

applicant would have to obtain training

program approval or a training course

approval before it could request

approval of a simulator.

A commenter suggested that the

acronym ‘‘NSPM’’ should be changed to

‘‘the Administrator.’’ According to the

commenter, this would allow for the

possibility of renaming of that function

or redelegation of its functions.

The FAA notes that, while the

acronym ‘‘NSPM’’ is used in the NPRM

preamble to this section, it did not

appear in the NPRM proposed rule text.

However, the FAA did use the term

‘‘Administrator’’ in the rule text of the

NPRM and final rule as the commenter

has suggested.

The FAA added a clause excepting

AQP from the requirements of this

section, to be consistent with the

exception of AQP from the requirements

of § 142.39. With that addition, and the

other changes discussed, this section is

adopted as proposed.

Subpart D—Operating Rules

This subpart sets forth proposed

operating rules for training centers that

provide training in accordance with

subpart B of part 142.

§ 142.61 Applicability. The FAA

proposed in this section that the

operating rules in this subpart would

apply to training centers providing

training to clients other than air carrier

clients.

Airbus commented that the

applicability of subparts D and E should
34544 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

be amended to permit aircraft

manufacturer training centers who

intend to train only part 121 aircrews,

their own employees, U.S. certificated

employees of the manufacturer, and

FAA inspectors to conduct that training

under subparts F, G, H, and I of part

121. The commenter states that part 121

requirements are the most appropriate

criteria for these trainees since their

duties are related to large aircraft that

are operating in air carrier service.

Airbus made the same comment about

FAA inspectors in comments about

several other sections. Other

commenters made an essentially

identical comment in reference to some

applicability sections.

The FAA does not agree that the

groups of trainees identified by the

commenter should be trained under any

rules different from the rules governing

certification and type rating

requirements for airmen at large. The

only exception (a waiver under the

authority of appendix A of part 61) is for

aircrew employees completing an air

carrier training program and meeting

other terms of the waiver provision of

appendix A. The persons identified by

the commenters specifically do not meet

the waiver requirements. Large

airplanes are operated by persons other

than air carrier certificate holders. The

FAA certificates airmen to operate

aircraft of various sizes under the

provisions of several parts of 14 CFR.

The part of 14 CFR under which a pilot

is operating, and not the size of the

airplane flown by the pilot, determines

the pilot’s prerequisite qualification and

certification requirements.

Several of the comments made about

this section are similar, or identical to,

comments made about proposed

§§ 61.63, 61.64, 61.157, and 61.158. The

comments generally addressed

applicability of specific training

programs to various groups of airmen

and the perception of a dual standard

for an ATP certificate.

The FAA response to those similar or

identical comments apply also to this

section. Refer to those sections for

discussion of related comments.

For the reasons discussed, this section

is adopted as proposed.

§ 142.63 Privileges. Section 142.63

proposed to permit training center

instructors and evaluators to meet

recency of experience requirements in a

flight simulator or flight training device,

if the flight simulator or flight training

device is used in a course approved in

accordance with subpart B or subpart F,

as applicable.

This section was revised to delete a

reference to subpart F, which has been

withdrawn, and to recognize that AQP

makes separate and valid provisions for

recency of experience of simulation

instructors. With the revisions

mentioned, this section is adopted as

proposed.

§ 142.65 Limitations. Because the

FAA intends that flight simulators used

in testing, checking, or LOS provide the

same time constraints and sequential, or

overlapping, circumstances that occur

in an actual aircraft, § 142.65 (a)

proposed to prohibit the use of flight

simulator or flight training device

repositioning, freeze, or slow motion

features during testing, checking, and

LOFT.

ATA, several part 121 certificate

holders, and an aircraft manufacturer

commented that prohibiting the use of

repositioning during LOFT might cause

several hours of simulated cruise flight

with very little value.

The FAA agrees with the commenters,

and has revised proposed paragraph (a)

by adding paragraph (a)(2) to permit the

use of reposition along a route of flight

to a point where the descent and

approach phase of the flight begins.

Also, in paragraph (a)(1), any slow

motion, hold, or reposition features may

be used at any time during training and

practice, to help stimulate the

simulation industry by helping

minimize nonproductive time spent in a

flight simulator.

Proposed § 142.65(b)(1) would require

a crewmember qualified in the aircraft

category, class, and type, if a type rating

is required, to occupy each crewmember

position during testing, checking, or

LOS. During Category II and Category III

testing, the copilot position would have

to be occupied by a pilot qualified to

perform the duties of an SIC for

Category II or Category III operations, as

applicable.

Airbus commented that this section

would effectively prohibit the use of a

medically disqualified (simulated) PIC

during SIC training and testing unless

the PIC had been fully qualified before

serving in this capacity.

The FAA believes that a PIC should

be able to function as a required

crewmember during simulation testing

even though he or she does not hold a

valid medical certificate, provided that

he or she is otherwise qualified in the

flight simulator or was qualified in the

aircraft type before losing medical

certification. The FAA has determined

that there is no safety hazard created by

persons operating flight simulators

without a valid medical certificate.

Accordingly, a new paragraph (b)(3) has

been added to allow for use of a PIC

meeting the circumstances just

discussed, and the section is adopted as

otherwise proposed.

Subpart E—Recordkeeping

§ 142.71 Applicability. Proposed

subpart E, ‘‘Recordkeeping,’’ prescribed

the records that a training center

certificate holder must maintain for

students who are not aircrew employees

of operators under parts 121, 125, or

135, and the records that would have to

be maintained for instructors and

evaluators authorized in accordance

with subpart B of part 142.

Airbus offered the only comment. It

suggested that certain persons,

including FAA inspectors, should be

excluded from the applicability of

training or testing under this subpart.

The FAA does not agree with the

suggestion. All of the persons identified

by Airbus, including FAA inspectors,

must complete the same certification

requirements of 14 CFR that apply to

other airmen.

For the reason discussed, this section

is adopted as proposed.

§ 142.73 Recordkeeping

requirements. Under this proposed

section, the FAA specified that a

training record would have to be

maintained for each person who is

enrolled in a course for which that

person is to gain credit toward satisfying

any requirement of 14 CFR. Paragraph

(d) proposed:

(d) The certificate holder must provide to

the Administrator, upon request and at a

reasonable time and in a reasonable place,

the records required by paragraphs (a) and (b)

of this section.

Only one comment was received. The

commenter suggested that the only

practical place to keep the required

records is at the training center where

the activity requiring records takes

place. It suggested that paragraph (d) be

reworded accordingly.

The FAA agrees and has reworded

paragraph (d) to require that the records

be kept at the training center or satellite

training center where the training is

conducted, or at another site approved

by the Administrator.

The FAA has revised paragraph (c) to

provide that records of qualification to

act as instructor or evaluator must be

maintained for the period of time that

the individual is employed.

This section is adopted as otherwise

proposed.

Subpart J—Other Approved Courses

(adopted as Subpart F)

§ 142.115 (adopted as § 142.81)

Conduct of other approved courses. The

FAA proposed in this section (formerly

numbered as § 142.115 and now

renumbered to § 142.81) to provide that

training centers or training center

applicants may apply for approval to
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34545

conduct training for persons other than

pilot crew members. Under the

proposal, a course may be approved by

the Administrator upon a finding that it

provides a curriculum that will achieve

a level of competency equal to, or

greater than that required by the

appropriate part of 14 CFR.

A few commenters stressed that many

types of training do not require FAA

approval and that subpart J should be

deleted.

While it is true that many courses of

training do not require FAA approval,

there are several that do, and others that

may at some future date require such

approval. This proposed subpart is

intended to allow a training center or a

training center applicant to apply for

approval of curricula for persons other

than air crews.

TDM Group, Inc., described a flight

attendant training program that it is

undertaking with McDonnell Douglas

and Continental Airlines. It remarked

that it would like to begin such training

under part 142, and encouraged the

Administrator to keep and to expand

this subpart.

For the reasons discussed, this section

is renumbered as § 142.81 instead of

§ 142.115 and is adopted as proposed. A

minor editorial change has been made to

proposed paragraph (c) to indicate that

an applicant for course approval must

comply with the applicable

requirements of ‘‘subpart A through

subpart F of this part’’ rather than

‘‘subpart B or subpart F of this part’’ as

stated in the proposal.

Editorial Corrections

In addition to the revisions discussed

above, a number of editorial changes

have been made to the text of the final

rule including the renumbering of

several paragraphs to conform to the

current format and style of the

regulations.

Harmonization With ICAO, JAA, and

JAR

The proposals adopted in this

rulemaking have been compared to

ICAO Annex I, ‘‘Personnel Licensing,’’

and the JAA/JAR. This rule is

compatible with international

agreements and parallel regulations,

except for the differences which follow:

1. Section 61.65, ‘‘Instrument rating

requirements,’’ will allow credit for 35

hours of simulated or actual instrument

time for those applicants who complete

an entire approved instrument

curriculum at a training center

certificated under part 142. ICAO Annex

I, Chapter 2, § 2.6.1.2.2 allows only 30

hours of credit, and requires 10 hours of

that experience to be in an actual

aircraft.

2. Section 61.113, ‘‘Rotorcraft rating:

Aeronautical experience,’’ will allow an

applicant to qualify for this rating with

35 hours of flight experience, any part

of which may be simulated flight, if that

applicant completes an entire approved

helicopter rating curriculum at a

training center certificated under part

142. ICAO Annex I, Chapter 7,

§ 2.7.1.3.1 requires 40 hours of flight

experience for this rating, of which only

5 hours can be simulated flight.

3. Section 61.129, ‘‘(Commercial)

Airplane rating: Aeronautical

experience,’’ will allow up to 100 hours

of flight time to be simulated flight if

accomplished in an approved flight

simulator or approved flight training

device, and any part of the 190 hour

total experience requirement to be

simulated flight if the applicant

completes an entire approved

commercial airplane curriculum at a

training center certificated under part

142. ICAO Annex I, Chapter 7, § 2.4.1.3

allows credit for only 10 hours of

simulated flight experience. It should be

noted that the superseded § 61.129

allowed credit for 50 hours of simulated

flight time toward this rating, which

was different from ICAO standards.

The FAA will file a Statement of

Differences with ICAO to notify that

body of the listed differences.

Paperwork Reduction Act

The reporting and recordkeeping

requirements associated with this rule

have been approved by the Office of

Management and Budget and have been

assigned number 2120–0570. Under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507 (d)), no persons are required

to respond to a collection of information

unless it displays a valid OMB control

number.

Regulatory Evaluation Summary

Changes to Federal regulations are

required to undergo several economic

analyses. First, Executive Order 12866

directs each Federal agency to 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

trade. With respect to this final rule, the

FAA has determined that it: (1) Will

generate benefits that justify its costs

and is a ‘‘significant regulatory action’’

as defined in the Executive Order; (2) is

significant as defined in the Department

of Transportation’s Regulatory Policies

and Procedures; (3) will not have a

significant impact on a substantial

number of small entities; and (4) will

not constitute a barrier to international

trade. Therefore, a full regulatory

analysis, which includes the

identification and evaluation of costreducing alternatives to this rule, has

not been prepared. Instead, the agency

has prepared a more concise analysis of

this final rule in a regulatory evaluation,

which is summarized in the following

paragraphs.

Benefits

This rule provides benefits by

reducing the amount of training aircraft

flight hours. The increased substitution

of on-the-ground training in flight

simulators and flight training devices

for in-the-air training in aircraft

decreases the risk of fatal aviation

accidents while training. The increased

substitution also yields cost savings

resulting from reduced fuel and oil

consumption (energy conservation), as

well as reduced required maintenance

costs.

Most of the cost savings come from

lowered operations costs, resulting from

using simulators and training devices

instead of aircraft. The estimated

savings from existing simulator training

centers training pilots under parts 121,

135, and 91 will be $1.2 billion ($808

million discounted) over the next 10

years. Furthermore, the final rule will

generate additional savings from

increased simulator training of general

aviation pilots over the next decade that

total $37 million ($23 million

discounted). The total discounted

savings attributed to reduced training

aircraft flight hours equals $831 million

over the next 10 years.

The FAA also estimates the value of

the safety benefit at $42 million ($26

million discounted) over the same

period. Thus, the total discounted value

of part 142 benefits equals $857 million:

$832 million resulting from greater

energy conservation, and $26 million

resulting from reduced training

accidents.

Costs

Two elements make up the additional

administrative cost of part 142: (1) The

cost for organizations currently engaged

in flight instruction to apply to qualify

for a part 142 certificate; and (2) the cost

for the government to process and to

monitor those applications as well as to

inspect and to train the inspectors of

part 142 training centers. Over one-half

of the estimated administrative costs to
34546 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

implement the simulator rule will be

incurred in the first 2 years.

The total 10-year additional

administrative cost to implement part

142 is estimated to be about $1.6 million

($1.3 million discounted) of which over

one-half or $881,000 ($797,000

discounted), is expected to be incurred

in the first 2 years. Of this amount,

$57,000 ($52,000 discounted) are

applicant costs, and $824,000 ($745,000

discounted) are FAA costs. The balance,

$731,000 ($477,000 discounted)

represents FAA monitoring costs over

the remaining 8 years.

The FAA expects that the costs of

operating simulators for the newly

certificated part 142 training centers

will continue to be the same as those

incurred in operating those same

simulators under the rigid standards

and requirements imposed by FAA

exemptions. The costs of meeting these

FAA standards and requirements are

captured in this analysis as part of the

operating costs of a simulator. This cost

has been subtracted from the cost of inflight training which it replaces, in

computing the cost savings from

simulator training.

Benefit-Cost Comparison

The preceding sections show that this

final rule will result in benefits ($858

million discounted) that far exceed the

costs ($1.3 million discounted) imposed

by the rule. Therefore, the FAA has

determined that the simulator final rule

is cost beneficial.

The NPRM established the benefit-tocost ratio as 3:1; the final rule, using a

more comprehensive definition of

benefits, establishes the benefit-to-cost

ratio as approximately 660:1. This is

explained, in part, by a reduction in

total costs from approximately § 3.5

million, discounted in the NPRM

estimate to approximately § 1.3 million,

discounted in the final rule estimate.

This reduction results from the

abandoning of the concept of an FAA

national field office to manage

certificated simulator training centers.

Most of the increase in the benefitcost ratio, however, is explained by the

substantial increase in cost-savings

benefits ($11 million, discounted NPRM

estimate relative to $858 million

discounted final rule estimate) resulting

from a more comprehensive definition

of benefits. Both the NPRM and the final

rule take into account cost-saving

benefits attributed to the substitution of

simulator hours for training aircraft

flight hours as well as to the averting of

some aircraft training accidents. In the

NPRM, however, the FAA only

accounted for cost savings attributed to

the incremental hours of simulator

training substituted for general aviation

pilot training. The final rule assigns cost

savings to not only this subgroup, but to

all parts 121, 135, and other 91

subgroups that currently provide

training under exemption. Finally, the

value of life used in the final rule to

measure potential training accident

fatalities averted was revised from $1.5

million to $2.7 million.

International Trade Impact Analysis

The FAA has determined that this

rule will not have a significant impact

on international trade. The FAA

believes that the final rule will not

negatively effect operators in the

training of foreign citizens who

accomplish such pilot training in the

United States. Nor will the final rule

have a significant impact on

international trade should the training

occur outside the United States, so long

as the use of simulators outside the

United States is in compliance with

FAA standards and requirements if the

intent is for U.S. pilot certification.

Final 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 Federal regulations. The

RFA requires agencies to review rules

which may have a ‘‘significant

economic impact on a substantial

number of small entities.’’

The FAA has adopted criteria and

guidelines for rulemaking officials to

apply when determining whether a

proposed or existing rule has any

significant economic impact on a

substantial number of small entities.

Based on these criteria, a small air

carrier is one that owns nine or fewer

aircraft. A small simulator training

school has 10 or fewer employees. A

substantial number of small entities is

not less than 11 or more than one-third

of affected small entities.

The FAA has determined that 37 pilot

training schools and 10 contract trainers

now train under exemption from

specific part 61 requirements. These

organizations will incur some costs in

applying for part 142 certification. Most

of these schools employ more than 10

employees (the small entity threshold);

however, the FAA does not expect that

those that do not will experience any

unnecessary and disproportionate

burden by Federal regulations.

With regard to seven part 121 and part

135 operators holding exemptions to

train using simulators, each has more

than nine aircraft. Hence, no part 121 or

135 air carriers affected by this rule are

small entities.

The FAA, therefore, has determined

that this rule will not have a substantial

impact on a significant number of small

entities.

Federalism Implications

The regulations announced herein

would not have substantial direct effects

on the states, on the relationship

between the National Government and

the states, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

in accordance with Executive Order

12612, it is determined that this rule

would not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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 major under

Executive Order 12286 and that this rule

would not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. This rule is considered

significant under DOT Regulatory

Policies and Procedures (44 FR 11034;

February 26, 1979). An initial regulatory

evaluation of the rule, including a

Regulatory Flexibility Determination

and Trade Impact Analysis, has been

placed in the regulatory docket.

List of Subjects

14 CFR Part 1

Air transportation.

14 CFR Part 61

Aircraft, Airmen.

14 CFR Part 91

Air traffic control, Aircraft, Airmen,

Airports, Aviation safety.

14 CFR Part 121

Air carriers, Aircraft, Airmen,

Aviation safety, Charter flights, Safety,

Transportation.

14 CFR Part 125

Aircraft, Airmen, Aviation safety.

14 CFR Part 135

Air taxis, Aircraft, Airmen, Aviation

safety.

14 CFR Part 141

Airmen, Educational facilities,

Schools.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34547

14 CFR Part 142

Administrative practice and

procedure, Aircraft, Airmen, Drug

testing, Educational facilities, Reporting

and recordkeeping requirements.

The Amendments

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR chapter I as follows:

PART 1—DEFINITIONS AND

ABBREVIATIONS

3. The authority citation for part 1

continues to read as follows:

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

4. Section 1.1 is amended by adding

the following definitions in alphabetical

order to read as follows:

§ 1.1 General definitions.

* * * * *

Category IIIa operations, an ILS

approach and landing with no decision

height (DH), or a DH below 100 feet (30

meters), and controlling runway visual

range not less than 700 feet (200

meters).

Category IIIb operations, an ILS

approach and landing with no DH, or

with a DH below 50 feet (15 meters),

and controlling runway visual range less

than 700 feet (200 meters), but not less

than 150 feet (50 meters).

Category IIIc operations, an ILS

approach and landing with no DH and

no runway visual range limitation.

* * * * *

PART 61—CERTIFICATION: PILOTS

AND FLIGHT INSTRUCTORS

5. The authority citation for part 61

continues to read as follows:

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

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

45301–45302.

6. Section 61.2, 61.3, and 61.5 are

redesignated as §§ 61.3, 61.5, and 61.6.

6A. A new § 61.2 is added to read as

follows:

§ 61.2 Definition of terms.

For the purpose of this part:

(a) Authorized Instructor means—

(1) An instructor who has a valid

ground instructor certificate or current

flight instructor certificate with

appropriate ratings issued by the

Administrator;

(2) An instructor authorized under

part 121 (SFAR 58), part 135, or part 142

of this chapter to give instruction under

those parts; or

(3) Any other person authorized by

the Administrator to give instruction

under this part.

(b) Flight Simulator, Airplane means

a device that—

(1) Is a full-sized airplane cockpit

replica of a specific type of airplane, or

make, model, and series of airplane;

(2) Includes the hardware and

software necessary to represent the

airplane in ground operations and flight

operations;

(3) Utilizes a force cueing system that

provides cues at least equivalent to

those cues provided by a 3 degree

freedom of motion system;

(4) Utilizes a visual system that

provides at least a 45° horizontal field

of view and a 30° vertical field of view

simultaneously for each pilot; and

(5) Has been evaluated, qualified, and

approved by the Administrator.

(c) Flight Simulator, Helicopter means

a device that—

(1) Is a full-sized helicopter cockpit

replica of a specific type of aircraft, or

make, model, and series of helicopter;

(2) Includes the hardware and

software necessary to represent the

helicopter in ground operations and

flight operations;

(3) Utilizes a force cueing system that

provides cues at least equivalent to

those cues provided by a 3 degree

freedom of motion system;

(4) Utilizes a visual system that

provides at least a 45° horizontal field

of view and 30° vertical field of view

simultaneously for each pilot; and

(5) Has been evaluated, qualified, and

approved by the Administrator.

(d) Flight Training Device means a

device that—

(1) Is a full-sized replica of

instruments, equipment, panels, and

controls of an airplane or rotorcraft, or

set of airplanes or rotorcraft, in an open

flight deck area or in an enclosed

cockpit, including the hardware and

software for systems installed, necessary

to simulate the airplane or rotorcraft in

ground operations and flight operations;

(2) Need not have a force (motion)

cueing or visual system; and

(3) Has been evaluated, qualified, and

approved by the Administrator.

(e) Set of airplanes or rotorcraft means

airplanes or rotorcraft which all share

similar performance characteristics,

such as similar airspeed and altitude

operating envelope, similar handling

characteristics, and the same number

and type of propulsion systems.

7. Section 61.3 is revised to read as

follows:

§ 61.3 Certification of foreign pilots and

flight instructors.

(a) A person who is neither a U.S.

citizen nor a resident alien may be

issued a pilot certificate or flight

instructor certificate under this part

(other than under § 61.75 or § 61.77),

outside the United States, only when

the Administrator finds that—

(1) The pilot certificate is needed for

the operation of a U.S.-registered civil

aircraft; or

(2) The flight instructor certificate is

needed for the training of students who

are citizens of the United States.

(b) Training centers, and their satellite

training centers certificated under part

142 of this chapter, may, outside the

United States—

(1) Prepare and recommend

applicants for additional ratings and

endorsements to certificates issued by

the Administrator under the provisions

of this part, and award additional

ratings and endorsements within the

authority granted to that training center

by the Administrator; and

(2) Prepare and recommend U.S.

citizen applicants for airman

certificates, and issue certificates to U.S.

citizens within the authority granted to

that training center by the

Administrator.

8. Section 61.5 is amended by revising

the introductory text of paragraph (d),

revising paragraph (f), and adding new

paragraphs (i) and (j) to read as follows:

§ 61.5 Requirement for certificates, rating,

and authorizations.

* * * * *

(d) Flight instructor certificate. Unless

otherwise authorized by the

Administrator, and except for lighterthan-air instruction in lighter-than-air

aircraft, no person other than the holder

of a flight instructor certificate issued in

accordance with subpart G of this part,

with an appropriate rating on that

certificate, may—

* * * * *

(f) Category II pilot authorization. (1)

No person may act as pilot in command

of a civil aircraft during Category II

operations unless—

(i) That person holds a current

Category II pilot authorization for that

category or class of aircraft, and the type

of aircraft, if applicable; or

(ii) In the case of a civil aircraft of

foreign registry, that person is

authorized by the country of registry to

act as pilot in command of that aircraft

in Category II operations.

(2) No person may act as second in

command of a civil aircraft during

Category II operations unless that

person—

(i) Holds a valid pilot certificate with

category and class ratings for that

aircraft and a current instrument rating

for that category aircraft;

(ii) Holds an airline transport pilot

certificate with category and class

ratings for that aircraft; or
34548 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(iii) In the case of a civil aircraft of

foreign registry, is authorized by the

country of registry to act as second in

command of that aircraft during

Category II operations.

* * * * *

(i) Category III pilot authorization. (1)

No person may act as pilot in command

of a civil aircraft during Category III

operations unless—

(i) That person holds a current

Category III pilot authorization for that

category or class of aircraft, and the type

of aircraft, if applicable; or

(ii) In the case of a civil aircraft of

foreign registry, that person is

authorized by the country of registry to

act as pilot in command of that aircraft

in Category III operations.

(2) No person may act as second in

command of a civil aircraft during

Category III operations unless that

person—

(i) Holds a valid pilot certificate with

category and class ratings for that

aircraft and a current instrument rating

for that category aircraft;

(ii) Holds an airline transport pilot

certificate with category and class

ratings for that aircraft; or

(iii) In the case of a civil aircraft of

foreign registry, is authorized by the

country of registry to act as second in

command of that aircraft during

Category III operations.

(j) Exceptions. Paragraphs (f) and (i) of

this section do not apply to operations

conducted by the holder of a certificate

issued under part 121 or part 135 of this

chapter.

9. A new § 61.4 is added to read as

follows:

§ 61.4 Qualification and approval of flight

simulators and flight training devices.

Each flight simulator and each flight

training device used for training, for

which an airman is to receive credit to

satisfy any training, testing, or checking

requirement under this chapter, must be

qualified and approved by the

Administrator for—

(a) The training, testing, and checking

for which it is used;

(b) Each particular maneuver,

procedure, or crewmember function

performed; and

(c) The representation of the specific

category and class of aircraft, type of

aircraft, particular variation within type

of aircraft, or set of aircraft in the case

of some flight training devices.

10. Section 61.13 is amended by

revising paragraph (e) to read as follows:

§ 61.13 Application and qualification.

* * * * *

(e) The following requirements apply

to a Category II pilot authorization and

to a Category III pilot authorization:

(1) The authorization is issued by a

letter of authorization as a part of the

applicant’s instrument rating or airline

transport pilot certificate.

(2) Upon original issue the

authorization contains a visibility

limitation—

(i) For Category II operations, the

limitation is 1,600 feet RVR and a 150-

foot decision height; and

(ii) For Category III operations, each

initial limitation is specified in the

authorization document.

(3) Limitations on an authorization

may be removed as follows:

(i) In the case of Category II

limitations, a limitation is removed

when the holder shows that, since the

beginning of the sixth preceding month,

the holder has made three Category II

ILS approaches with a 150-foot decision

height to a landing under actual or

simulated instrument conditions.

(ii) In the case of Category III

limitations, a limitation is removed as

specified in the authorization.

(4) To meet the experience

requirement of paragraph (e)(3) of this

section, and for the practical test

required by this part for a Category II or

a Category III authorization, a flight

simulator or flight training device may

be used if it is approved by the

Administrator for such use.

* * * * *

11. Section 61.21 is amended by

revising the section heading and the

first sentence to read as follows:

§ 61.21 Duration of Category II and

Category III pilot authorization. (for other

than part 121 and part 135 use).

A Category II pilot authorization and

a Category III pilot authorization expire

on the last day of the sixth month after

the month last issued or renewed. * * *

12. Section 61.39 is amended by

adding new paragraphs (a)(6) and (a)(7)

to read as follows:

§ 61.39 Prerequisites for flight tests.

* * * * *

(a) * * *

(6) If all increments of the practical

test for a certificate or rating are not

completed on one date, all remaining

increments of the test must be

satisfactorily completed not more than

60 calendar days after the date on which

the applicant begins the test.

(7) If all increments of the practical

test are not satisfactorily completed

within 60 calendar days as required by

paragraph (a)(6) of this section, the

applicant must retake the entire

practical test, including those

increments satisfactorily completed.

* * * * *

13. Section 61.45 is amended by

revising the section heading and

paragraphs (a), (c), and (d) to read as

follows:

§ 61.45 Practical tests: Required aircraft

and equipment.

(a) General. Except when an applicant

for a certificate or rating under this part

is permitted to accomplish the entire

flight increment of the practical test in

a qualified and approved flight

simulator or in a qualified and approved

flight training device:

(1) The applicant must furnish for

each required test, except as provided

by paragraph (a)(2) of this section, an

aircraft of U.S. registry—

(i) Of the category and class aircraft,

and type aircraft, if applicable, for

which the applicant is applying for a

certificate or rating; and

(ii) That has a current standard or

limited airworthiness certificate.

(2) At the discretion of the person

authorized by the Administrator to

conduct the test, the applicant may

furnish—

(i) An aircraft that has a current

airworthiness certificate other than

standard or limited, but that otherwise

meets the requirement of paragraph

(a)(1) of this section;

(ii) An aircraft of the category and

class, and type aircraft, if applicable, of

foreign registry that is certificated by the

country of registry; or

(iii) A military aircraft of the category

and class aircraft, and type aircraft, if

applicable, for which the applicant is

applying for a certificate or rating.

* * * * *

(c) Required controls. An applicant

must furnish for each practical test an

aircraft—

(1) (Other than lighter-than-air) listed

in paragraph (a) of this section.

(2) That has engine controls and flight

controls—

(i) That are easily reached; and

(ii) Unless the evaluator conducting

the test accepts otherwise, that can be

operated in a conventional manner by

the applicant, other required

crewmembers, and the evaluator if the

evaluator occupies a pilot’s seat.

(d) Simulated instrument flight

equipment. An applicant for any

practical test involving flight maneuvers

and flight procedures accomplished

solely by reference to instruments, must

furnish equipment that—

(1) Excludes the applicant’s visual

reference to objects outside the aircraft;

and

(2) Is otherwise acceptable to the

Administrator.

* * * * *

14. Section 61.51 is amended by

revising paragraphs (b)(1)(ii), (b)(1)(iii),

(b)(1)(iv), (b)(3)(iii), (c)(2)(i), (c)(4), and
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34549

(c)(5), and by adding new paragraphs

(b)(2)(viii) and (c)(2)(iv) to read as

follows:

§ 61.51 Pilot logbooks.

* * * * *

(b) * * *

(1) * * *

(ii) Total time of flight or flight lesson.

(iii) Except for simulated flight, the

place, or points of departure and arrival.

(iv) Type and identification of aircraft,

flight simulator, or flight training

device.

(2) * * *

(viii) Instruction in a flight simulator

or instruction in a flight training device.

(3) * * *

(iii) Simulated instrument conditions

in actual flight, in a flight simulator, or

in a flight training device.

(c) * * *

(2) * * *

(i) A private or commercial pilot may

log as pilot-in-command time that flight

time when the pilot is—

(A) The sole manipulator of the

controls of an aircraft for which the

pilot is rated; or

(B) Acting as pilot in command of an

aircraft on which more than one pilot is

required under the type certification of

the aircraft or the regulation under

which the flight is conducted.

* * * * *

(iv) A recreational pilot may log as

pilot-in-command time only that time

when the pilot is the sole manipulator

of the controls of an aircraft for which

the pilot is rated.

* * * * *

(4) Instrument flight time.

(i) Except as provided in paragraph

(c)(4)(iv) of this section, a pilot may log

as instrument flight time only that time

when the pilot operates an aircraft

solely by reference to instruments under

actual or simulated instrument flight

conditions.

(ii) For simulated instrument

conditions a qualified and approved

flight simulator or qualified and

approved flight training device may be

used, provided an authorized instructor

is present during the simulated flight.

(iii) Each entry in the pilot logbook

must include—

(A) The place and type of each

instrument approach completed; and

(B) The name of the safety pilot for

each simulated instrument flight

conducted in flight.

(iv) An instrument flight instructor

conducting instrument flight instruction

in actual instrument weather conditions

may log instrument time.

(5) Instruction time. All time logged as

instruction time must be certified by the

authorized instructor from whom it was

received.

* * * * *

15. Section 61.55 is amended by

revising paragraphs (b)(2)(ii) and by

adding new paragraphs (b)(3) and (b)(4)

to read as follows:

§ 61.55 Second-in-command

qualifications.

* * * * *

(b) * * *

(2) * * *

(ii) Engine-out procedures and

maneuvering with an engine out while

executing the duties of a pilot in

command.

(3) Except as provided in paragraph

(b)(4) of this section, the requirements of

this paragraph (b)(3) may be

accomplished in a flight simulator that

is—

(i) Qualified and approved by the

Administrator for such purposes; and

(ii) Used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

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

particular type of aircraft who is

qualifying under the terms of paragraph

(b)(3) of this section shall satisfactorily

complete a minimum of one takeoff and

one landing in an aircraft of the same

type for which the qualification is

sought.

* * * * *

16. Section 61.56 is amended by

revising paragraph (e) and adding a new

paragraph (h) to read as follows:

§ 61.56 Flight review.

* * * * *

(e) An applicant who has, within the

period specified in paragraphs (c) and

(d) of this section, satisfactorily

completed a test for a pilot certificate,

rating, or operating privilege, need not

accomplish the flight review required by

this section if the test was conducted by

a person authorized by the

Administrator, or authorized by a U.S.

Armed Force, to conduct the test.

* * * * *

(h) A flight simulator or flight training

device may be used to meet the flight

review requirements of this section

subject to the following conditions:

(1) The flight simulator or flight

training device must be approved by the

Administrator for that purpose.

(2) The flight simulator or flight

training device must be used in

accordance with an approved course

conducted by a training center

certificated under part 142 of this

chapter.

(3) Unless the review is undertaken in

a flight simulator that is approved for

landings, the applicant must meet the

takeoff and landing requirements of

§ 61.57 (c) or (d).

(4) The flight simulator or flight

training device used must represent an

aircraft, or set of aircraft, for which the

pilot is rated.

17. Section 61.57 is amended by

revising paragraphs (c), (d), and (e) to

read as follows:

§ 61.57 Recent flight experience: Pilot in

command.

* * * * *

(c) General experience. (1) Except as

otherwise provided in paragraph (f) of

this section, no person may act as pilot

in command of an aircraft carrying

passengers, or of an aircraft certificated

for more than one required pilot flight

crewmember, unless that person meets

the following requirements—

(i) Within the preceding 90 calendar

days, that person must have made three

takeoffs and three landings as the sole

manipulator of the flight controls in an

aircraft of the same category and class

and, if a type rating is required, of the

same type of aircraft.

(ii) If the aircraft operated under

paragraph (c)(1)(i) of this section is a

tailwheel airplane, that person must

have made to a full stop the landings

required by that paragraph.

(2) For the purpose of meeting the

requirements of this section, a person

may act as pilot in command of a flight

under day visual flight rules (VFR) or

day instrument flight rules (IFR) if no

persons or property are carried other

than as necessary for compliance with

this part.

(3) The takeoffs and landings required

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

be accomplished in a flight simulator or

flight training device—

(i) Qualified and approved by the

Administrator for landings; and

(ii) Used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(d) Night experience. (1) Except as

provided in paragraph (f) of this section,

no person may act as pilot in command

of an aircraft carrying passengers at

night (the period beginning 1 hour after

sunset and ending 1 hour before sunrise

(as published in the American Air

Almanac) unless, within the preceding

90 days, that person has made not fewer

than three takeoffs and three landings to

a full stop, at night, as the sole

manipulator of the flight controls in the

same category and class of aircraft.

(2) The takeoffs and landings required

by paragraph (d)(1) of this section may
34550 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

be accomplished in a flight simulator

that is—

(i) Qualified and approved by the

Administrator for takeoffs and landings,

if the visual system is adjusted to

represent the time of day described in

paragraph (d)(1) of this section; and

(ii) Used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(e) Instrument currency. (1) Except as

provided by paragraph (f) of this

section, no person may act as pilot in

command under IFR, or in weather

conditions less than the minimums

prescribed for VFR, unless, within the

preceding 6 calendar months, that

person has—

(i) In the case of an aircraft other than

a glider—

(A) Logged at least 6 hours of

instrument time including at least six

instrument approaches under actual or

simulated instrument conditions, not

more than 3 hours of which may be in

approved simulation representing

aircraft other than gliders; or

(B) Passed an instrument competency

test as described in paragraphs (e)(2)

and (e)(3) of this section; or

(ii) In the case of a glider, the person

must have logged at least 3 hours of

instrument time, at least half of which

was in a glider or an airplane, except

that the person may not carry a

passenger in the glider until that person

has completed at least 3 hours of

instrument flight time in a glider.

(2) A person who does not meet the

recent instrument experience

requirements of paragraph (e)(1) of this

section during the prescribed time, or

within 6 calendar months thereafter,

may not serve as pilot in command

under IFR, or in weather conditions less

than the minimums prescribed for VFR,

until that person passes an instrument

competency test in the category and

class of aircraft involved, given by a

person authorized by the Administrator

to conduct the test.

(3) The Administrator may authorize

the conduct of all or part of the test

required by paragraph (e)(2) of this

section in a qualified and approved

flight simulator or flight training device.

* * * * *

18. Section 61.58 is revised to read as

follows:

§ 61.58 Pilot-in-command proficiency

check: Operation of aircraft requiring more

than one required pilot.

(a) Except as otherwise provided in

this section, to serve as pilot in

command of an aircraft that is type

certificated for more than one required

pilot crewmember, a person must—

(1) Within the preceding 12 calendar

months, complete a pilot-in-command

check in an aircraft that is type

certificated for more than one required

pilot crewmember; and

(2) Within the preceding 24 calendar

months, complete a pilot-in-command

check in the particular type of aircraft

in which that person will serve as pilot

in command.

(b) This section does not apply to

persons conducting operations under

part 121, part 125, part 127, part 133,

part 135, or part 137 of this chapter.

(c) The pilot-in-command check given

in accordance with the provisions of

part 121, part 125, part 127, or part 135

of this chapter may be used to satisfy

the requirements of this section.

(d) The pilot-in-command check

required by paragraph (a) of this section

may be accomplished by satisfactory

completion of one of the following—

(1) A pilot-in-command proficiency

check conducted by a person authorized

by the Administrator, consisting of the

maneuvers and procedures required for

a type rating;

(2) The practical test required for a

type rating;

(3) The initial or periodic practical

test required for the issuance of a pilot

examiner or a check airman designation;

or

(4) A military flight check required for

a pilot in command with instrument

privileges, in an aircraft that the military

requires to be operated by more than

one pilot.

(e) A check or a test described in

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

section may be accomplished in a flight

simulator qualified and approved under

part 142 of this chapter subject to the

following:

(1) Except as allowed in paragraphs

(e)(2) and (e)(3) of this section, if an

otherwise qualified and approved flight

simulator used for a pilot-in-command

proficiency check is not qualified and

approved for a specific required

maneuver—

(i) The training center shall annotate,

in the applicant’s training record, the

maneuver or maneuvers omitted; and

(ii) Prior to acting as pilot in

command, the pilot shall demonstrate

proficiency in each omitted maneuver

in an aircraft or flight simulator

qualified and approved for each omitted

maneuver.

(2) If the flight simulator used

pursuant to this paragraph (e) is not

qualified and approved for circling

approaches—

(i) The applicant’s record shall be

annotated with the statement,

‘‘Proficiency in circling approaches not

demonstrated’’; and

(ii) The applicant may not perform

circling approaches as pilot in

command when weather conditions are

less than the basic VFR conditions

described in § 91.155 of this chapter,

until proficiency in circling approaches

has been successfully demonstrated in

an approved simulator or aircraft to a

person authorized by the Administrator

to conduct the check required by this

section.

(3) If the flight simulator used

pursuant to this paragraph (e) is not

qualified and approved for landings the

applicant must—

(i) Hold a type rating in the airplane

represented by the simulator; and

(ii) Have completed, within the

preceding 90 days, at least three takeoffs

and three landings (one to a full stop)

as the sole manipulator of the flight

controls in the type airplane for which

the pilot-in-command proficiency check

is sought.

(f) For the purpose of meeting the

check requirements of paragraph (a) of

this section, a person may act as pilot

in command of a flight under day VFR

conditions or day IFR conditions if no

person or property is carried, other than

as necessary to demonstrate compliance

with this part.

(g) If a pilot takes the check required

by this section in the calendar month

before, or the calendar month after, the

month in which it is due, the pilot is

considered to have taken it in the month

in which it was due for the purpose of

computing when the next check is due.

19. Section 61.63 is amended by

revising the section heading and

paragraph (a) to read as follows:

§ 61.63 Additional aircraft ratings for other

than airline transport pilot certificates (for

parts 121 and 135 use only).

(a) General. To be eligible for an

additional aircraft rating to a pilot

certificate, an applicant who is a pilot

crewmember employee of a part 121

certificate holder or a part 135

certificate holder must meet the

requirements of paragraphs (b) through

(d) of this section, as applicable to the

rating sought.

* * * * *

20. A new section 61.64 is added to

read as follows:

§ 61.64 Additional aircraft ratings for other

than airline transport pilot certificates (for

other than parts 121 and 135 use).

(a) General. To be eligible for an

additional aircraft rating to a pilot

certificate, an applicant who is not a

crewmember employee applicant of a

part 121 training program or a part 135

training program must meet the

requirements of paragraphs (b) through
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34551

(i) of this section, applicable to the

rating sought.

(b) Category rating. An applicant who

holds a pilot certificate and applies to

add a category rating must meet the

following requirements:

(1) Present a record of training

certified by an authorized instructor

showing that the applicant has—

(i) Received ground training on the

aeronautical knowledge areas applicable

to the pilot certificate and aircraft

category and class rating sought;

(ii) Received flight training in the

category and class of aircraft on the

areas of operation applicable to the pilot

certificate and aircraft category and

class rating sought;

(iii) Been found competent by the

certifying flight instructor in the

aeronautical knowledge areas required

for the pilot certificate to which the

added aircraft category rating would

apply; and

(iv) Been found competent by the

certifying flight instructor in the areas of

operation required for the pilot

certificate to which the added aircraft

category rating would apply;

(2) Pass the knowledge test applicable

to the pilot certificate and aircraft

category and class rating sought; and

(3) Pass the practical test required for

the pilot certificate held, and category

and class rating sought.

(c) Class rating. An applicant who

holds a pilot certificate and applies to

add a class rating must meet the

following requirements:

(1) The applicant must present a

record certified by an authorized

instructor showing that the applicant

has—

(i) Received flight instruction in the

class of aircraft on the areas of operation

applicable to the pilot certificate and

aircraft class rating sought;

(ii) Received ground training on the

aeronautical knowledge areas applicable

to the pilot certificate and aircraft class

rating sought;

(iii) Been found competent by the

certifying flight instructor in the

aeronautical knowledge areas applicable

to the pilot certificate to which the

category and class rating would apply;

and

(iv) Been found competent by the

certifying flight instructor in the areas of

operation applicable to the pilot

certificate to which the aircraft class

rating would apply;

(2) Pass a knowledge test applicable to

the pilot certificate and aircraft class

rating sought; and

(3) Pass a practical test required for

the pilot certificate held, and required

for the category and class rating sought.

(d) Type rating. An applicant who

holds a pilot certificate and applies to

add a type rating must meet the

following requirements—

(1) Present a record of training

certified by an authorized instructor that

shows that the applicant has—

(i) Received ground training on the

aeronautical knowledge areas applicable

to the type rating sought;

(ii) Received flight training on the

areas of operation applicable to the type

rating sought; and

(iii) Been found competent by the

certifying flight instructor in the areas of

operation required for the issue of the

pilot certificate for which the aircraft

type rating is sought.

(2) Passed a required practical test on

the areas of operation listed in § 61.158

or § 61.163, as applicable, for the aircraft

type rating sought.

(3) If the applicant does not hold an

instrument rating, in addition to the

tasks required by paragraph (d)(2) of this

section, the applicant must also

demonstrate competency in the

operations required by § 61.65(g).

(e) The tasks required by paragraphs

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

performed as follows:

(1) Except as provided in paragraph

(e)(2) of this section, the tasks must be

performed in an aircraft of the same

category, class, and type, if applicable,

as the aircraft for which the added

rating is sought.

(2) Subject to the limitations of

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

section, the tasks may be performed in

a flight simulator or a flight training

device that represents the aircraft for

which the added rating is sought.

(3) The flight simulator or flight

training device use permitted by

paragraph (e)(2) of this section shall be

conducted in accordance with an

approved course at a training center

certificated under part 142 of this

chapter.

(4) To complete all training and

testing (except preflight inspection) for

an unlimited added rating in a flight

simulator—

(i) The flight simulator must be

qualified as Level C or Level D; and

(ii) The applicant must meet at least

one of the following:

(A) Hold a type rating for a turbojet

airplane of the same class as the class

of airplane for which the type rating is

sought, or have been appointed by a

military service as a pilot in command

of an airplane of the same class as the

class of airplane for which the type

rating is sought, if a turbojet type rating

is sought.

(B) Hold a type rating for a

turbopropeller airplane of the same

class as the class of airplane for which

the type rating is sought, or have been

designated by a military service as a

pilot in command of an airplane of the

same class as the class of airplane for

which the type rating is sought, if a

turbopropeller airplane type rating is

sought.

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

flight time, of which 500 hours must be

in turbine-powered airplanes of the

same class as the class of airplane for

which the type rating is sought.

(D) Have at least 500 hours of actual

flight time in the same type airplane as

the airplane for which the rating is

sought.

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

time in at least two different airplanes

requiring a type rating.

(5) Subject to the limitation of

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

applicant who does not meet the

requirements of paragraph (e)(4) of this

section may complete all training and

testing (except for preflight inspection)

for an added rating in a flight simulator

if—

(i) The flight simulator is qualified as

Level C or Level D; and

(ii) The applicant meets at least one

of the following:

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

turbojet airplane is sought, or holds a

type rating in a turbojet airplane if a

type rating in a propeller-driven

airplane is sought.

(B) Since the beginning of the 12th

calendar month before the month in

which the applicant completes the

practical test for the added rating, has

logged—

(1) At least 100 hours of flight time in

airplanes in the same class of airplane

for which the type rating is sought and

which require a type rating; and

(2) At least 25 hours of flight time in

airplanes in the same type of airplane

for which the rating is sought.

(6) An applicant meeting only the

requirements of paragraph (e)(5) of this

section will be issued an added rating

with a limitation.

(7) The limitation on certificates

issued under the provisions of

paragraph (e)(6) of this section shall

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

rating.’’

(8) An applicant gaining a certificate

with the limitation specified in

paragraph (e)(7) of this section—

(i) May not act as PIC of the aircraft

for which an added rating was obtained

under the provisions of this section

until he or she has had the limitation

removed from the certificate; and

(ii) May have the limitation removed

by serving 15 hours of supervised

operating experience as pilot in
34552 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an aircraft of the

same type as the airplane to which the

limitation applies.

(9) An applicant who does not meet

the requirements of paragraph (e)(4) or

(e)(5) of this section may be awarded an

added rating after successful completion

of one of the following requirements:

(i) Compliance with paragraph (e)(2)

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

following tasks, applicable to airplane

ratings only, which must be successfully

completed on a static airplane or in

flight, as appropriate:

(A) Preflight inspection;

(B) Normal takeoff;

(C) Normal ILS approach;

(D) Missed approach; and

(E) Normal landing.

(ii) Compliance with paragraphs

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

of this section.

(10) An applicant meeting only the

requirements of paragraph (e)(9) of this

section will be issued an added rating

with a limitation.

(11) The limitation on certificates

issued under the provisions of

paragraph (e)(10) of this section shall

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

rating.’’

(12) An applicant gaining a certificate

with the limitation specified in

paragraph (e)(11) of this section—

(i) May not act as PIC of the aircraft

for which an added rating was obtained

under the provisions of this section

until he or she has had the limitation

removed from the certificate; and

(ii) May have the limitation removed

by serving 25 hours of supervised

operating experience as pilot in

command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

PIC, in an aircraft of the same type as

the airplane to which the limitation

applies.

(f) An applicant for a type rating who

provides an aircraft not capable of the

instrument maneuvers and procedures

required by § 61.158 or § 61.163 for the

practical test may—

(1) Obtain a type rating limited to

‘‘VFR only’’; and

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

for each aircraft type in which the

applicant demonstrates compliance

with the instrument requirements of

§ 61.158 or § 61.163 or the requirements

of § 61.73(e)(2).

(g) An applicant for a type rating may

be issued a certificate with the

limitation ‘‘VFR only’’ for each aircraft

type not equipped for the applicant to

show instrument competency.

(h) An applicant for a type rating in

a multiengine, single-pilot-station

airplane may meet the requirements of

this part in another multiengine

airplane.

(i) An applicant for a type rating in a

single-engine, single-pilot-station

airplane may meet the requirements of

this part in another single-engine or

multiengine airplane if the applicant

meets the instrument currency

requirements of § 61.57(e).

21. Section 61.65 is amended by

removing and reserving paragraphs (d)

and (f), revising paragraph (b)

introductory text, paragraph (c)

introductory text and (c)(1), (c)(3), (c)(4),

and (c)(5), paragraph (e) introductory

text and (e)(2) and (g); and adding

paragraph (c)(6) and (h) to read as

follows:

§ 61.65 Instrument rating requirements.

* * * * *

(b) Ground instruction and written

test. An applicant for the written test for

an instrument rating must have received

ground instruction or have logged home

study in, and passed a written test on,

at least the following areas of

aeronautical knowledge applicable to

the rating sought:

* * * * *

(c) Flight instruction. Except as

otherwise provided in this paragraph,

an applicant for the practical test for an

instrument rating must present a record

certified by an authorized instructor

showing instrument flight instruction

and competency in an aircraft of the

same category for which the instrument

rating is sought, in each of the following

areas of operations:

(1) Control and accurate maneuvering

of the aircraft solely by reference to

instruments.

* * * * *

(3) Instrument approaches to

published minimums using two

different nonprecision approach

systems and one precision approach

system.

(4) Cross-country flight in an aircraft

in simulated or actual IFR conditions,

on Federal airways or as routed by air

traffic control, subject to the following:

(i) The flight must be at least 250

nautical miles (100 nautical miles for

helicopters) including a minimum of

one precision instrument approach and

two nonprecision instrument

approaches.

(ii) Each instrument approach must be

accomplished at a different airport.

(iii) If the departure and final

destination airports are the same airport,

the destination airport may be

considered as the third airport.

(iv) No approach need be done more

than once.

(5) Simulated emergencies involving

equipment or instrument malfunctions,

missed approach procedures, deviations

to unplanned alternates, recovery from

unusual attitudes, loss of

communications, and simulated loss of

power on at least one-half of the engines

if a multiengine aircraft is used.

(6) Flight instruction required by

paragraphs (c)(1), (c)(2), (c)(3), and (c)(5)

of this section may be accomplished in

a qualified and approved flight

simulator or in a qualified and approved

flight training device.

(d) [Reserved]

(e) Flight experience. Except as

provided in paragraph (h) of this

section, an applicant for an instrument

rating must have at least the following

flight time as a pilot:

* * * * *

(2) 40 hours of simulated or actual

instrument time, which may include—

(i) Not more than a combined total of

20 hours of instrument instruction by an

authorized instructor in a qualified and

approved flight simulator or in a

qualified and approved flight training

device; or

(ii) Not more than 30 hours of

instrument instruction accomplished in

an approved course conducted by a

training center certificated under part

142 of this chapter.

* * * * *

(f) [Reserved]

(g) Practical test. An applicant for an

instrument rating must pass a practical

test consisting of an oral increment and

a flight increment, as follows:

(1) The flight increment required by

this paragraph (g) (1) may be

accomplished in any category, class,

and type aircraft that is certificated for

flight in instrument conditions, or in a

qualified and approved flight simulator

or qualified and approved flight training

device.

(2) The practical test required by this

paragraph (g) (2) must include

instrument flight procedures, selected

by the person authorized by the

Administrator to conduct the practical

test, to determine the applicant’s ability

to perform competently the IFR

operations described in paragraph (c) of

this section.

(3) The following requirements of the

practical test must be accomplished in

an aircraft or in a qualified and

approved flight simulator:

(i) At least one published precision,

nonprecision, and circling approach.

(ii) At least one landing.

(iii) At least one cross-country flight.

(h) Training qualifications. An

applicant for the instrument rating who
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34553

has satisfactorily completed an

approved curriculum conducted at a

training center certificated under part

142 of this chapter must have—

(1) A total of at least 95 hours of pilot

flight time, including at least 35 hours

of simulated or actual instrument flight

time; or

(2) Satisfactorily completed the

requirements of an approved instrument

rating course at a part 142 certified

training center that has received

approval from the Administrator to

conduct a curriculum satisfying the

requirements of the instrument rating

in—

(i)Fewer than 95 hours of pilot flight

time; or

(ii) Fewer than 35 hours of simulated

instrument time or actual instrument

time.

22. Section 61.67 is amended by

revising paragraphs (a)(2), (b)

introductory text, (b)(1), (b)(2), (c)(2), (d)

introductory text, (d)(1) introductory

text, and (d)(2), by removing the

concluding text at the end of paragraph

(c), and by adding paragraphs (c)(3)

through (c)(7) to read as follows:

§ 61.67 Category II pilot authorization

requirements.

(a) * * *

(2) A type rating for the aircraft for

which the authorization is sought if that

aircraft requires a type rating.

(b) Experience requirements. An

applicant for a Category II authorization

must have at least—

(1) 50 hours of night flight time as

pilot in command;

(2) 75 hours of instrument time under

actual or simulated instrument

conditions that may include not more

than—

(i) A combination of 25 hours of

simulated instrument flight time in

qualified and approved flight simulators

or qualified and approved flight training

devices; or

(ii) 40 hours of simulated instrument

flight time if accomplished in an

approved course conducted by an

appropriately rated training center

certificated under part 142 of this

chapter.

* * * * *

(c) * * *

(2) To be eligible for the practical test,

an applicant must—

(i) Meet the requirements of

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

(ii) Hold the appropriate class rating;

and

(iii) If the applicant has not passed a

practical test for this authorization since

the beginning of the twelfth calendar

month, meet the following recent

experience requirements—

(A) The requirements of § 61.57(e);

and

(B) At least six ILS approaches since

the beginning of the sixth month before

the practical test, subject to the

following:

(1) The approaches must be

conducted under actual or simulated

instrument flight conditions.

(2) The approaches must be

conducted down to the minimum

decision height for the ILS approach in

the type aircraft in which the practical

test is to be conducted.

(3) Except as provided in paragraph

(c)(4) of this section, the approaches

must be accomplished in an aircraft of

the same category and class, and type,

as applicable, as the aircraft in which

the practical test is to be conducted.

(4) The approaches may be

accomplished in a flight simulator

that—

(i) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft in which the

authorization is sought; and

(ii) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(5) The approaches need not be

conducted down to the decision height

authorized for Category II operations if

conducted in a qualified and approved

flight simulator or qualified and

approved flight training device.

(6) At least three of the approaches

required by paragraph (c)(2)(iii)(B) of

this section must be conducted

manually, without the use of an

approach coupler.

(7) The flight time acquired in

meeting the requirements of paragraph

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

to meet the requirements of paragraph

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

(d) Practical test procedures. Oral

questioning may be conducted at any

time during the practical test. The

practical test consists of two increments:

(1) Oral increment. The applicant

must demonstrate knowledge of the

following:

* * * * *

(2) Flight increment. The following

requirements apply to the flight

increment of a practical test:

(i) The flight increment may be

conducted in an aircraft of the same

category and class and type, as

applicable, as the aircraft in which the

authorization is sought or in a flight

simulator that—

(A) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft in which the

authorization is sought; and

(B) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(ii) At least two ILS approaches to 100

feet AGL including at least one landing

and one missed approach.

(iii) All approaches must be made

with the approved flight control

guidance system, except that if an

approved automatic approach coupler is

installed, at least one approach must be

hand flown using flight director

commands.

(iv) If a multiengine airplane with the

performance capability to execute a

missed approach with one engine

inoperative is used, one missed

approach must be executed with an

engine, which shall be the most critical

engine, if applicable, set at idle or zero

thrust before reaching the middle

marker.

(v) If a flight simulator is used, the

missed approach must be executed with

an engine, which shall be the most

critical engine, if applicable, failed.

(vi) For authorizations for aircraft that

require a type rating, the test must be

performed in coordination with a

second in command who holds a type

rating in the aircraft in which the

authorization is sought.

23. Section 61.68 is added to read as

follows:

§ 61.68 Category III pilot authorization

requirements.

(a) General. An applicant for a

Category III pilot authorization must

hold—

(1) A pilot certificate with an

instrument rating or airline transport

pilot certificate;

(2) A valid medical certificate;

(3) A category and class rating for the

aircraft for which the authorization is

sought; and

(4) A type rating for the aircraft for

which the authorization is sought, if

that aircraft requires a type rating.

(b) Experience requirements. An

applicant for a Category III authorization

must have at least—

(1) 50 hours of night flight time as

pilot in command;

(2) Except as provided in paragraph

(c) of this section, 75 hours of

instrument flight time during actual or

simulated instrument conditions that

may include not more than a

combination of 25 hours of simulated

instrument flight time in qualified and

approved flight simulators or qualified

and approved flight training devices;

and

(3) 250 hours of cross-country flight

time as pilot in command.

(c) Increasing instrument flight time

hours. The instrument flight time
34554 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

allowed in flight simulators or flight

training devices under paragraph (b)(2)

of this section may be increased to not

more than 40 hours if accomplished in

an approved course conducted by a

training center certificated under part

142 of this chapter.

(d) Practical test required. (1) An

applicant for the issuance or renewal of

a Category III authorization or for the

addition of another type aircraft to an

authorization must pass a practical test.

(2) If the applicant has not passed a

practical test for this authorization since

the beginning of the twelfth calendar

month, the applicant must meet the

following recency of experience

requirements:

(i) The requirements of § 61.57(e).

(ii) At least six ILS approaches since

the beginning of the sixth month before

the practical test, subject to the

following:

(A) The approaches must be

conducted under actual or simulated

instrument flight conditions and flown

down to the minimum altitude for the

ILS approach.

(B) Except as provided in paragraph

(d)(2)(ii)(C) of this section, the

approaches must be accomplished in an

aircraft of the same category and class,

and type, as applicable, as the aircraft in

which the practical test is to be

conducted.

(C) The approaches may be

accomplished in a flight simulator or

flight training device that—

(1) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft for which the

authorization is sought; and

(2) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(D) Conducted down to the alert

height or decision height, as applicable,

authorized for Category III operations

only if conducted in a qualified and

approved flight simulator or qualified

and approved flight training device.

(e) Practical test procedures. Oral

questioning may be conducted at any

time during the practical test. The

practical test consists of two increments:

(1) Oral increment. The applicant

must demonstrate knowledge of the

following:

(i) Required landing distance.

(ii) Determination and recognition of

the alert height or decision height, as

applicable, including use of a radar

altimeter.

(iii) Recognition of and proper

reaction to significant failures

encountered prior to and after reaching

the alert height or decision height, as

applicable.

(iv) Missed approach procedures and

techniques using computed or fixed

attitude guidance displays and expected

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

initiation altitude, as applicable.

(v) The use and limitations of RVR,

including determination of controlling

RVR and required transmissometers.

(vi) The use, availability, or

limitations of visual cues and the

altitude at which they are normally

discernible at reduced RVR readings

including—

(A) Unexpected deterioration of

conditions to less than minimum RVR

during approach, flare, and rollout;

(B) Demonstration of expected visual

references with weather at minimum

conditions; and

(C) The expected sequence of visual

cues during an approach in which

visibility is at or above landing minima.

(vii) Procedures and techniques for

making a transition from instrument

reference flight to visual flight during a

final approach under reduced RVR.

(viii) Effects of vertical and horizontal

wind shear.

(ix) Characteristics and limitations of

the ILS and runway lighting system.

(x) Characteristics and limitations of

the flight director system auto approach

coupler (including split axis type if so

equipped), auto throttle system, if

applicable, and other Category III

equipment, as applicable.

(xi) Assigned duties of the second in

command during Category III

operations, unless the aircraft for which

authorization is sought does not require

a second in command.

(xii) Recognition of the limits of

acceptable aircraft position and flight

path tracking during approach, flare,

and, if applicable, rollout.

(xiii) Recognition of, and reaction to,

airborne or ground system faults or

abnormalities, particularly after passing

alert height or decision height, as

applicable.

(2) Flight increment. The following

requirements apply to the flight

increment of the practical test:

(i) The flight increment may be

conducted in an aircraft of the same

category and class, and type, as

applicable, as the aircraft in which the

authorization is sought, or in a flight

simulator that—

(A) Represents an aircraft of the same

category and class, and type, as

applicable, as the aircraft in which the

authorization is sought; and

(B) Is used in accordance with an

approved course conducted by a

training center certificated under part

142 of this chapter.

(ii) All approaches must be made with

the approved automatic landing system

or an equivalent landing system

approved by the Administrator and

must consist of the following:

(A) At least two ILS approaches to 100

feet AGL, including one landing and

one missed approach initiated from a

very low altitude that may result in a

touchdown during the go-around

maneuver.

(B) If a multiengine aircraft with the

performance capability to execute a

missed approach with one engine

inoperative is used, a missed approach

shall be executed with an engine, which

shall be the most critical engine, if

applicable, set at idle or zero thrust

before reaching the middle or outer

marker.

(C) If a flight simulator or flight

training device is used, a missed

approach must be executed with an

engine, which shall be the most critical

engine, if applicable, failed.

(D) Subject to the limitations of

paragraph (e)(2)(ii)(E) of this section, for

Category IIIb operations predicated on

the use of a fail-passive rollout control

system, at least one manual rollout

using visual reference or a combination

of visual and instrument references.

(E) The maneuver required by

paragraph (e)(2)(ii)(D) of this section

shall be initiated by a fail-passive

disconnect of the rollout control

system—

(1) After main gear touchdown;

(2) Prior to nose gear touchdown;

(3) In conditions representative of the

most adverse lateral touchdown

displacement allowing a safe landing on

the runway; and

(4) In weather conditions anticipated

in Category IIIb operations.

(iii) For authorizations for aircraft that

require a type rating, the practical test

must be performed in coordination with

a second in command who holds a type

rating in the aircraft in which the

authorization is sought.

24. Section 61.109 is revised to read

as follows:

§ 61.109 Airplane rating: Aeronautical

experience.

(a) Except as provided in paragraph

(h) of this section, an applicant for a

private pilot certificate with an airplane

category rating must have at least the

following aeronautical experience:

(1) At least 20 hours of flight

instruction from an authorized

instructor, including at least—

(i) 3 hours of cross-country flight.

(ii) 3 hours of flight at night,

including ten takeoffs and ten landings

for applicants seeking night flying

privileges.

(iii) 3 hours in airplanes in

preparation for the private pilot
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34555

practical test within 60 calendar days

prior to that test.

(2) At least 20 hours of solo flight

time, including at least-

(i) 10 hours of flight in airplanes;

(ii) 10 hours of cross-country flight;

and

(iii) Three solo takeoffs and landings

to a full stop at an airport with an

operating control tower.

(b) Each flight required by paragraph

(a)(2)(ii) of this section must include—

(1) A landing at a point more than 50

nautical miles from the original

departure point; and

(2) One flight of at least 300 nautical

miles with landings at a minimum of

three points, one of which is at least 100

nautical miles from the original

departure point.

(c) An applicant who does not meet

the night flying requirement of

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

be issued a private pilot certificate

bearing the limitation ‘‘night flying

prohibited.’’ The limitation may be

removed if the holder of the certificate

shows that he or she has met the

requirements of paragraph (a)(1)(ii) of

this section.

(d) Except as provided in paragraph

(e) of this section, a maximum of 2.5

hours of instruction in a flight simulator

or flight training device representing an

airplane from an authorized instructor

may be credited toward the total hours

required by paragraph (a) of this section.

(e) A maximum of 5 hours of

instruction in a flight simulator or flight

training device representing an airplane

may be credited toward the total hours

required by paragraph (a) of this section

if the instruction is accomplished in a

course conducted by a training center

certificated under part 142 of this

chapter.

(h) Except where fewer hours are

approved by the Administrator, an

applicant for a private pilot certificate

with an airplane rating who has

satisfactorily completed an approved

private pilot course conducted by a

training center certificated under part

142 of this chapter need have only a

total of at least 35 hours of pilot flight

time in aircraft, flight simulators, or

flight training devices.

25. Section 61.113 is revised to read

as follows:

§ 61.113 Rotorcraft rating: Aeronautical

experience.

(a) Except as provided in paragraph

(g) of this section, an applicant for a

private pilot certificate with a rotorcraft

category rating must have at least the

following aeronautical experience:

(1) For a helicopter class rating, 40

hours of flight instruction and solo

flight time including at least—

(i) 20 hours of flight instruction from

an authorized flight instructor, 15 hours

of which must be in a helicopter,

including—

(A) 3 hours of cross-country flying in

helicopters; and

(B) 3 hours of night flying in

helicopters, including 10 takeoffs and

10 landings, each of which must be

separated by an en-route phase of flight;

(ii) 3 hours in helicopters in

preparation for the private pilot

practical test within 60 calendar days

before that test;

(iii) A flight in a helicopter with a

landing at a point other than an airport;

and

(2) 20 hours of solo flight time, 15

hours of which must be in a helicopter,

including at least—

(i) 3 hours of cross-country flying in

helicopters, including one flight with a

landing at three or more points, each of

which must be more than 25 nautical

miles from each of the other landing

points; and

(ii) Three takeoffs and three landings

in helicopters at airports or heliports

with operating control towers, each

separated by an en-route phase of flight.

(b) Except as provided in paragraph

(c) of this section, a maximum of 2.5

hours of instruction in a flight simulator

or flight training device representing a

helicopter from an authorized instructor

may be credited toward the total hour

requirement of paragraph (a) of this

section.

(c) A maximum of 5 hours of

instruction in a flight simulator or flight

training device representing a helicopter

may be credited toward the total hours

required by paragraph (a) of this section

if the instruction is accomplished in a

course conducted by a training center

certificated under part 142 of this

chapter.

(d) The applicant for a gyroplane class

rating must have a total of at least—

(1) 20 hours of flight instruction from

an authorized flight instructor, 15 hours

of which must be in a gyroplane,

including at least the following—

(i) 3 hours of cross-country flying in

gyroplanes;

(ii) 3 hours of night flying in

gyroplanes, including ten takeoffs and

ten landings; and

(iii) 3 hours in gyroplanes in

preparation for the private pilot flight

test within 60 calendar days before that

test.

(2) 20 hours of solo flight time, 10

hours of which must be in a gyroplane,

including—

(i) 3 hours of cross-country flying in

gyroplanes, including one flight with a

landing at three or more points, each of

which must be more than 25 nautical

miles from each of the other two points;

and

(ii) Three takeoffs and three landings

in gyroplanes at an airport with an

operating control tower.

(3) Except as provided in paragraph

(d)(4) of this section, a maximum of 2.5

hours of instruction in a flight simulator

or flight training device representing a

gyroplane may be credited toward the

total hours required by paragraph (d)(1)

of this section.

(4) A maximum of 5 hours of

instruction in a flight simulator or flight

training device representing a gyroplane

may be credited toward the total hours

required by paragraph (d)(1) of this

section if the instruction is

accomplished in an approved course

conducted by a training center

certificated under part 142 of this

chapter.

(e) An applicant who does not meet

the night flying requirements of

paragraph (a)(1)(i)(B) or paragraph

(d)(1)(ii) of this section will be issued a

private pilot certificate bearing the

limitation ‘‘night flying prohibited.’’

(f) The limitation required by

paragraph (e) of this section may be

removed if the holder of the certificate

demonstrates compliance with the

requirements of paragraph (a)(1)(i)(B) or

paragraph (d)(1)(ii) of this section, as

applicable.

(g) Except where fewer hours are

approved by the Administrator, an

applicant for a private pilot certificate

with a rotorcraft category rating who has

satisfactorily completed an approved

private pilot course conducted by a

training center certificated under part

142 of this chapter need have only a

total of at least 35 hours of pilot flight

time in aircraft, flight simulators, or

flight training devices.

26. Section 61.129 is amended by

revising paragraph (b) introductory text

and (b)(1) and (b)(2) introductory text,

and by adding paragraphs (b)(4) and (c)

to read as follows:

§ 61.129 Airplane rating: Aeronautical

experience.

* * * * *

(b) Flight time as pilot. Except as

provided in paragraph (c) of this

section, an applicant for a commercial

pilot certificate with an airplane rating

must have at least the following

aeronautical experience:

(1) A total of at least 250 hours of

flight time as a pilot that may include

not more than—

(i) Except as provided in paragraph

(b)(1)(ii) of this section, 50 hours of

flight simulator instruction or flight

training device instruction from an

authorized instructor; or
34556 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(ii) 100 hours of flight simulator

instruction or flight training device

instruction, if the instruction is

accomplished in an approved course

conducted by a training center

certificated under part 142 of this

chapter.

(2) The flight time required by

paragraph (b)(1) of this section must

include—

* * * * *

(4) Flight simulator instruction and

flight training device instruction must

be accomplished in a qualified and

approved flight simulator or in a

qualified and approved flight training

device representing an airplane.

(c) Except where fewer hours are

approved by the Administrator, an

applicant for a commercial pilot

certificate with an airplane rating who

has satisfactorily completed an

approved commercial pilot course

conducted by a training center

certificated under part 142 of this

chapter must have a total of at least 190

hours of pilot flight time in aircraft,

flight simulators, or flight training

devices.

27. Section 61.131 is amended by

revising the introductory text, paragraph

(b) introductory text and (b)(1)

introductory text, and by adding

paragraphs (a)(3), (a)(4), (b)(3), (b)(4),

and (c) to read as follows:

§ 61.131 Rotorcraft ratings: Aeronautical

experience.

Except as provided in paragraph (c) of

this section, an applicant for a

commercial pilot certificate with a

rotorcraft category rating must have at

least the following aeronautical

experience:

(a) * * *

(3) Except as provided in paragraph

(a)(4) of this section, a maximum of 35

hours of flight simulator instruction or

flight training device instruction from

an authorized instructor may be

credited toward the total hour

requirement for a pilot certificate.

(4) A maximum of 50 hours of flight

simulator instruction or flight training

device instruction may be credited

toward the total hours required by

paragraph (a)(1) of this section if the

instruction is accomplished in an

approved course conducted by a

training center certificated under part

142 of this chapter.

(b) For a gyroplane class rating:

(1) An applicant must have at least

150 hours of flight time in aircraft,

including at least 100 hours in powered

aircraft, 25 hours of which must be in

a gyroplane, including at least—

* * * * *

(3) Except as provided in paragraph

(b)(4) of this section, a maximum of 35

hours of flight simulator instruction or

flight training device instruction from

an authorized instructor may be

credited toward the total requirement

for a pilot certificate if the instruction is

accomplished in a flight simulator or in

a flight training device representing a

gyroplane.

(4) A maximum of 50 hours of flight

simulator instruction or flight training

device if instruction may be credited

toward the total hours required by

paragraph (b)(1) of this section if the

instruction is accomplished in an

approved course conducted by a

training center certificated under part

142 of this chapter.

(c) Except as otherwise approved by

the Administrator, an applicant for a

commercial pilot certificate with a

rotorcraft rating and a helicopter class

rating who has satisfactorily completed

an approved commercial pilot course

conducted by a training center

certificated under part 142 of this

chapter must have a total of at least 150

hours of pilot flight time in aircraft,

flight simulators, or flight training

devices.

28. Section 61.155 is revised to read

as follows:

§ 61.155 Airplane rating: Aeronautical

experience.

(a) Except as provided in paragraph

(d) of this section, for an applicant for

an airline transport pilot certificate with

an airplane category and class rating,

the following requirements apply:

(1) The applicant must hold a

commercial pilot certificate, a foreign

airline transport pilot, or commercial

pilot license without limitations issued

by a member state of ICAO, or meet the

requirements of § 61.73 that would

qualify the applicant for a commercial

pilot certificate;

(2) The applicant must have at least

1,500 hours of total time as a pilot that

includes at least—

(i) 500 hours of cross-country flight

time;

(ii) 100 hours of night flight time;

(iii) 75 hours of instrument flight

time, in actual or simulated instrument

conditions, subject to the following:

(A) Except as provided in paragraph

(a)(2)(iii)(B) of this section, an applicant

may not receive more than 25 hours of

simulated instrument time in flight

simulators and flight training devices.

(B) A maximum of 50 hours of

instruction in a flight simulator or flight

training device may be credited toward

the total hours required by paragraph

(a)(2) of this section if the instruction is

accomplished in a course conducted by

a training center certificated under part

142 of this chapter.

(C) Instruction in a flight simulator or

flight training device must be

accomplished in a qualified and

approved flight simulator or in a

qualified and approved flight training

device, representing an airplane; and

(iv) 250 hours of flight time in an

airplane as a pilot in command or as a

second in command performing the

duties and functions of a pilot in

command under the supervision of a

pilot in command, or any combination

thereof, which includes at least—

(A) 100 hours of cross-country flight

time; and

(B) 25 hours of night flight time; and

(3) Not more than 100 hours of total

pilot experience may be obtained in a

flight simulator or flight training device,

provided the pilot experience is

accomplished in an approved course

conducted by a training center

certificated under part 142 of this

chapter.

(b) An applicant who has performed

at least 20 night takeoffs and landings to

a full stop may substitute each

additional night takeoff and landing to

a full stop in excess of the minimum 20

takeoffs for 1 hour of night flight time

to satisfy the requirements of paragraph

(a)(2) of this section, for a total credited

time of no more than 25 hours.

(c) If an applicant with less than 150

hours of pilot-in-command time

otherwise meets the requirements of

paragraph (a)(2)(iv) of this section, the

applicant’s certificate will be endorsed

‘‘Holder does not meet the pilot-incommand flight experience requirement

of ICAO’’, as prescribed by article 39 of

the ‘‘Convention on International Civil

Aviation.’’ Whenever the pilot presents

satisfactory written evidence that 150

hours of pilot-in-command time has

been accumulated, the applicant is

entitled to a new certificate without the

endorsement.

(d) A commercial pilot may credit the

following second-in-command and

flight engineer flight time (or a

combination of either crewmember

position flight time) toward the 1,500

hours of total time as a pilot required by

paragraph (a) of this section:

(1) All second-in-command time

acquired in an airplane required to have

more than one pilot by the airplane’s

flight manual or type certificate or by

the regulations under which the flight is

conducted.

(2) Flight engineer time, provided the

time—

(i) Is acquired in an airplane that is

required to have a flight engineer by the

airplane’s flight manual, the type
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34557

certificate, or the regulations under

which the flight is conducted;

(ii) Is acquired while the applicant is

participating in a pilot training program

approved under part 121 of this chapter;

and

(iii) Is credited at a rate of 1 hour of

flight time for each 3 hours of flight

engineer time, for a total credited time

of no more than 500 hours.

(e) If an applicant who credits secondin-command or flight engineer time

under paragraph (d) of this section

toward the 1,500 hours total flight time

requirement of paragraph (a)(2) of this

section—

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

of flight time as a pilot including not

more than 50 percent of the second-incommand time and none of the flight

engineer time; but

(2) Otherwise meets the requirements

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

applicant’s certificate will be endorsed

‘‘Holder does not meet the pilot flight

experience requirements of ICAO,’’ as

prescribed by article 39 of the

‘‘Convention on International Civil

Aviation.’’ Whenever the applicant

presents satisfactory evidence of having

accumulated 1,200 hours of flight time

as a pilot including no more than 50

percent of the second-in-command time

and none of the flight engineer time, the

applicant is entitled to a new certificate

without the endorsement.

29. Section 61.157 is amended by

revising the section heading and adding

a new paragraph (g) to read as follows:

§ 61.157 Airplane rating: Aeronautical skill

(for parts 121 and 135 use only).

* * * * *

(g) Successful completion of a

proficiency check under § 121.441 of

this chapter or successful completion of

both a competency check, under

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

under § 135.297 of this chapter, satisfies

the requirements of this section for the

appropriate aircraft rating.

30. Section 61.158 is added to read as

follows:

§ 61.158 Airplane rating: Aeronautical skill

(for other than parts 121 and 135).

(a) An applicant for an airline

transport pilot certificate with a single

engine or multiengine class rating or

type rating, must—

(1) Pass a practical test based on the

following areas of operation:

(i) Preflight procedures.

(ii) Ground operations.

(iii) Takeoff and departure maneuvers.

(iv) In-flight maneuvers.

(v) Instrument procedures.

(vi) Landings and approaches to

landings.

(vii) Normal and abnormal

procedures.

(viii) Emergency procedures.

(ix) Postflight procedures.

(2) If seeking an airplane type rating,

present a record of training certified by

an authorized instructor showing that

the applicant has—

(i) Received ground training on the

aeronautical knowledge areas required

by this section applicable to the airplane

type rating sought; and

(ii) Received flight training on the

areas of operation applicable to the

airplane type rating sought.

(b) If the applicant does not hold an

instrument rating, in addition to the

areas specified in paragraph (a)(1) of

this section, the applicant must also

demonstrate competency in the

operations referenced in § 61.65(g).

(c) The demonstrations required by

paragraphs (a) and (b) of this section

must be performed in—

(1) An airplane of the same class, and,

if applicable, an airplane of the same

type, for which the class rating or type

rating is sought; or

(2) Subject to the requirements of

paragraphs (d)(1) through (d)(8) of this

section, as applicable, a flight simulator

or a flight training device that represents

the airplane type for which the type

rating is sought, or set of airplanes if the

airplane for which the class rating is

sought, does not require a type rating.

(d) The following requirements apply

to a demonstration of competency under

this section in a flight simulator or a

flight training device;

(1) The flight simulator or flight

training device use permitted by

paragraph (c)(2) of this section must be

in accordance with an approved course

at a training center certificated under

part 142 of this chapter;

(2) To complete all training and

testing (except preflight inspection) for

an unlimited added rating in a flight

simulator—

(i) The flight simulator must be

qualified as Level C or Level D; and

(ii) The applicant must meet the

aeronautical experience requirements of

§ 61.155 and at least one of the

following:

(A) Hold a type rating for a turbojet

airplane of the same class as the class

of airplane for which the type rating is

sought or have been designated by a

military service as a pilot in command

of an airplane of the same class as the

class of airplane for which the type

rating is sought, if a turbojet type rating

is sought.

(B) Hold a type rating for a

turbopropeller airplane of the same

class as the class of airplane for which

the type rating is sought, or have been

appointed by a military service as a

pilot in command of an airplane of the

same class as the class of airplane for

which the type rating is sought, if a

turbopropeller airplane type rating is

sought.

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

flight time, of which 500 hours must be

in turbine-powered airplanes of the

same class as the class of airplane for

which the type rating is sought.

(D) Have at least 500 hours of actual

flight time in the same type airplane as

the type of airplane for which the type

rating is sought.

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

time in at least two different airplanes

requiring a type rating.

(3) Subject to the limitation of

paragraph (d)(4) of this section an

applicant who does not meet the

requirements of paragraph (d)(2) of this

section may complete all training and

testing (except for preflight inspection)

for an added rating if—

(i) The flight simulator is qualified as

Level C or Level D; and

(ii) The applicant meets the

aeronautical experience requirements of

§ 61.155 and at least one of the

following:

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

turbojet airplane is sought, or holds a

type rating in a turbojet airplane if a

type rating in a propeller-driven

airplane is sought.

(B) Since the beginning of the 12th

calendar month before the month in

which the applicant completes the

practical test for the added rating, has

logged—

(1) At least 100 hours of flight time in

airplanes in the same class as the class

of airplane for which the type rating is

sought and which require a type rating;

and

(2) At least 25 hours of flight time in

airplanes of the same type as the type

of airplane for which the type rating is

sought.

(4) An applicant meeting only the

requirements of paragraph (d)(3)(ii)(A)

and (B) of this section will be issued an

added rating, or an airline transport

pilot certificate with an added rating, as

applicable, with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the added rating.’’

(5) An applicant gaining a certificate

with the limitation specified in

paragraph (d)(4) of this section—

(i) May not act as pilot in command

of the aircraft for which an added rating

was obtained under the provisions of

this section until he or she has had the

limitation removed from the certificate;

and
34558 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(ii) May have the limitation removed

by serving 15 hours of supervised

operating experience as pilot in

command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an airplane of the

same type as the type of airplane to

which the limitation applies.

(6) An applicant who does not meet

the requirements of paragraph

(d)(2)(ii)(A) through (E) or (d)(3)(ii)(A)

and (B) of this section may be awarded

an airline transport pilot certificate or

an added rating to that certificate after

successful completion of one of the

following requirements:

(i) An approved course at a training

center which includes all training and

testing for that certificate or rating

followed by training and testing on the

following tasks, which must be

successfully completed on a static

airplane or in flight, as appropriate:

(A) Preflight inspection;

(B) Normal takeoff;

(C) Normal ILS approach;

(D) Missed approach; and

(E) Normal landing.

(ii) An approved course at a training

center which includes all training and

testing for that certificate or rating and

compliance with paragraphs (d)(7) and

(d)(8) of this section.

(7) An applicant meeting only the

requirements of paragraph (d)(6) of this

section will be issued an added rating,

or an airline transport pilot certificate

with an added rating, as applicable,

with a limitation. The limitation shall

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

rating.’’

(8) An applicant gaining a certificate

with the limitation specified in

paragraph (d)(7) of this section—

(i) May not act as pilot in command

of the aircraft for which an added rating

was obtained under the provisions of

this section until he or she has had the

limitation removed from the certificate;

and

(ii) May have the limitation removed

by serving 25 hours of supervised

operating experience as pilot in

command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an airplane of the

same type as the type of airplane to

which the limitation applies.

(e) Unless the Administrator requires

certain or all tasks to be performed, the

person authorized by the Administrator

to conduct the practical test for an

airline transport pilot certificate may

waive any of the tasks for which the

Administrator approves waiver

authority.

31. Section 61.161 is amended by

revising paragraph (b)(4) and by adding

a new paragraph (b)(5) to read as

follows:

§ 61.161 Rotorcraft rating: Aeronautical

experience.

* * * * *

(b) * * *

(4) 75 hours of actual or simulated

instrument time under actual or

simulated conditions. At least 50 hours

of this time must be completed in flight

with at least—

(i) 25 hours in helicopters as pilot in

command;

(ii) 25 hours in helicopters as second

in command performing the duties of a

pilot in command under the supervision

of a pilot in command; or

(iii) Any combination of paragraph

(b)(4)(i) and (b)(4)(ii) of this section that

totals 25 hours in helicopters.

(5) Flight simulator or flight training

device instruction may be credited

toward the total hour requirement of

paragraph (b)(4) of this section subject

to the following:

(i) Flight simulator and flight training

device instruction must be

accomplished in a qualified and

approved flight simulator or in a

qualified and approved flight training

device, representing a rotorcraft.

(ii) Except as provided in paragraph

(b)(5)(iii) of this section, an applicant

may receive credit for not more than a

combined total of 25 hours of simulated

instrument time in flight simulators and

flight training devices.

(iii) A maximum of 50 hours of flight

simulator instruction or flight training

device instruction may be credited

toward the total hours required by

paragraph (b)(4) of this section if the

instruction is accomplished in an

approved course conducted by a

training center certificated under part

142 of this chapter.

32. Section 61.163 is revised to read

as follows:

§ 61.163 Rotorcraft rating: Aeronautical

skill.

(a) An applicant for an airline

transport pilot certificate with a

rotorcraft category and helicopter class

rating or a type rating must pass a

practical test based on the following

areas of operation:

(1) Preflight procedures.

(2) Ground operations.

(3) Takeoff and departure procedures.

(4) In-flight maneuvers.

(5) Instrument procedures.

(6) Landings and approaches to

landings.

(7) Normal and abnormal procedures.

(8) Emergency procedures.

(9) Postflight procedures.

(b) If the applicant does not hold an

instrument rating, in addition to the

areas specified in paragraph (a) of this

section, the applicant must also

demonstrate competency in the

operations required by § 61.65(g).

(c) The demonstrations required by

paragraphs (a) and (b) of this section

must be performed in—

(1) The helicopter for which the class

rating or type rating is sought; or

(2) Subject to the requirements of

paragraphs (d)(1) through (d)(8) of this

section, as applicable, a flight simulator

or flight training device that represents

the helicopter for which the class rating

or type rating is sought.

(d) The following requirements apply

to a demonstration of competency under

this section in a flight simulator or a

flight training device:

(1) The flight simulator or flight

training device use permitted by

paragraph (c)(2) of this section must be

in accordance with an approved course

at a training center certificated under

part 142 of this chapter.

(2) To complete all training and

testing (except preflight inspection) for

an unlimited added rating in a flight

simulator—

(i) The flight simulator must be

qualified as Level C or Level D; and

(ii) The applicant must meet the

aeronautical experience requirements of

§ 61.161 and at least one of the

following:

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

designated by a military service as a

pilot in command of an a turbinepowered helicopter, if a turbinepowered helicopter type rating is

sought.

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

flight time, of which 500 hours must be

in turbine-powered helicopters.

(C) Have at least 500 hours of actual

flight time in the same type helicopter

as the helicopter for which the type

rating is sought.

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

time in at least two different helicopters

requiring a type rating.

(3) Subject to the limitation of

paragraph (d)(4) of this section, an

applicant who does not meet the

requirements of paragraph (d)(2) of this

section may complete all training and

testing (except for preflight inspection)

for an added rating if—

(i) The flight simulator is qualified as

Level C or Level D; and

(ii) The applicant meets the

aeronautical experience requirements of

§ 61.161 and, since the beginning of the

12th calendar month before the month

in which the applicant completes the
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34559

practical test for the added rating, has

logged—

(A) At least 100 hours of flight time

in helicopters; and

(B) At least 15 hours of flight time in

helicopters of the same type as the

helicopter for which the type rating is

sought.

(4) An applicant meeting only the

requirements of paragraph (d)(3)(ii) (A)

and (B) of this section will be issued an

added rating, or an airline transport

pilot certificate with a limitation. The

limitation shall state: ‘‘This certificate is

subject to pilot-in-command limitations

for the added rating.’’

(5) An applicant gaining a certificate

with the limitation specified in

paragraph (d)(4) of this section—

(i) May not act as pilot in command

of the aircraft for which an added rating

was obtained under the provisions of

this section until he or she has had the

limitation removed from the certificate;

and

(ii) May have the limitation removed

by serving 15 hours of supervised

operating experience as pilot in

command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an aircraft of the

same type as the type of aircraft to

which the limitation applies.

(6) An applicant who does not meet

the requirements of paragraph (d)(2)(ii)

(A) through (D) or (d)(3)(ii) (A) and (B)

of this section may be awarded an

airline transport pilot certificate or an

added rating to that certificate after

successful completion of the of one of

the following requirements:

(i) An approved course at a training

center which includes all training and

testing for that certificate or rating

followed by training and testing on the

following tasks, which must be

successfully completed on a static

aircraft or in flight, as appropriate:

(A) Preflight inspection;

(B) Normal takeoff from a hover;

(C) Manually flown precision

approach; and

(D) Steep approach and landing to an

off-airport heliport;

(ii) An approved course at a training

center which includes all training and

testing for that certificate or rating and

compliance with paragraphs (d)(7) and

(d)(8) of this section.

(7) An applicant meeting only the

requirements of paragraph (d)(6) of this

section will be issued an added rating

or an airline transport pilot certificate

with an added rating, as applicable,

with a limitation. The limitation shall

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

rating.’’

(8) An applicant gaining a certificate

with the limitation specified in

paragraph (d)(7) of this section—

(i) May not act as pilot in command

of the aircraft for which an added rating

was obtained under the provisions of

this section until he or she has had the

limitation removed from the certificate;

and

(ii) May have the limitation removed

by serving 25 hours of supervised

operating experience as pilot in

command under the supervision of a

qualified and current pilot in command,

in the seat normally occupied by the

pilot in command, in an aircraft of the

same type as the type of aircraft to

which the limitation applies.

(e) Unless the Administrator requires

certain or all tasks to be performed, the

person authorized by the Administrator

to conduct the practical test for an

airline transport pilot certificate may

waive any of the tasks for which the

Administrator approves waiver

authority.

33. Section 61.169 is revised to read

as follows:

§ 61.169 Instruction in air transportation

service.

(a) An airline transport pilot may

instruct—

(1) Other pilots in air transportation

service in aircraft of the category, class,

and type, as applicable, for which the

airline transport pilot is rated;

(2) In flight simulators and flight

training devices representing the aircraft

referenced in paragraph (a)(1) of this

section, when instructing under the

provisions of this section;

(3) Only as provided in this section,

unless the airline transport pilot also

holds a flight instructor certificate, in

which case he or she may exercise the

instructor privileges of subpart G of part

61 for which he or she is rated; and

(4) When instructing under the

provisions of this section in an actual

aircraft, only if the aircraft has

functioning dual controls, when

instructing under the provisions of this

section.

(b) Excluding briefings and

debriefings, an airline transport pilot

may not instruct in aircraft, flight

simulators, and flight training devices

under this section—

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

consecutive-hour period; or

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

consecutive-day period.

(c) An airline transport pilot may not

instruct in Category II or Category III

operations unless he or she has been

trained and successfully tested under

Category II or Category III operations, as

applicable.

34. Section 61.187 is amended by

adding a new paragraph (c) to read as

follows:

§ 61.187 Flight proficiency.

* * * * *

(c) The flight instruction required by

this section may be accomplished—

(1) In an aircraft; or

(2) In a flight simulator or in a flight

training device used in accordance with

an approved course at a training center

certificated under part 142 of this

chapter.

35. Section 61.191 is amended by

revising paragraph (c) and adding a new

paragraph (d) to read as follows:

§ 61.191 Additional flight instructor

ratings.

* * * * *

(c) Pass the written and practical test

prescribed in this subpart for the rating

sought.

(d) If accomplished in accordance

with an approved course conducted by

a training center certificated under part

142 of this chapter, the practical test

may be conducted in a flight simulator,

or a flight training device.

36. Section 61.195 is amended by

adding paragraph (h) to read as follows:

§ 61.195 Flight instructor limitations.

* * * * *

(h) A flight instructor may not give

instruction in Category II or Category III

operations unless the flight instructor

has been trained and tested in Category

II or Category III operations, pursuant to

§ 61.67 or § 61.68, as applicable.

37. Section 61.197 is revised to read

as follows:

§ 61.197 Renewal of flight instructor

certificates.

(a) Except as provided in paragraph

(b) of this section, the holder of a flight

instructor certificate may renew that

certificate for an additional period of 24

calendar months if that individual

satisfactorily completes a practical test

for—

(1) Renewal of the flight instructor

certificate and rating sought; or

(2) An additional flight instructor

rating.

(b) The holder of a flight instructor

certificate may renew that certificate

and its ratings without accomplishing a

practical test, by presenting to an FAA

Flight Standards District Office

evidence of one of the following:

(1) A record showing that, during the

preceding 24 calendar months, the

instructor has served—

(i) As a company check pilot;

(ii) As a chief flight instructor;

(iii) As a company check airman or

flight instructor in a part 121 or part 135

operation; or
34560 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(iv) In a comparable position

involving the regular evaluation of

pilots.

(2) A graduation certificate from an

approved flight instructor refresher

course, provided that—

(i) The course was completed prior to

the expiration date of the flight

instructor certificate; and

(ii) The course consists of not less

than 24 hours of ground training, flight

training, or a combination of ground

training and flight training.

(c) If an instructor satisfactorily

completes the requirements of this

section within 90 calendar days prior to

the expiration date of the flight

instructor certificate, the instructor is

considered to have completed the

requirements of this section prior to the

expiration date, and the certificate will

be renewed for an additional 24

calendar months beyond the expiration

date.

(d) Except as allowed by paragraph (e)

of this section, the practical test

required by paragraph (a) of this section

must be conducted in an aircraft.

(e) The practical test required by

paragraph (a) of this section may be

accomplished in a flight simulator or in

a flight training device if the test is

accomplished pursuant to an approved

course conducted by a training center

certificated under part 142 of this

chapter.

38. Part 61, appendix A is amended

by revising the heading to read as

follows:

Appendix A to Part 61—Practical Test

Requirements for Airplane Airline

Transport Pilot Certificates and

Associated Class and Type Ratings (For

Parts 121 and 135 Use Only)

39. Part 61, appendix B, is removed.

PART 91—GENERAL OPERATING AND

FLIGHT RULES

40. The authority citation for part 91

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, 44101, 44111, 44701, 44709, 44711,

44712, 44715, 44716, 44717, 44722, 46306,

46315, 46316, 46502, 46504, 46506–46507,

47122, 47508, 47528–47531.

41. Section 91.191 is revised to read

as follows:

§ 91.191 Category II and Category III

manual.

(a) Except as provided in paragraph

(c) of this section, after August 4, 1997,

no person may operate a U.S.-registered

civil aircraft in a Category II or a

Category III operation unless—

(1) There is available in the aircraft a

current and approved Category II or

Category III manual, as appropriate, for

that aircraft;

(2) The operation is conducted in

accordance with the procedures,

instructions, and limitations in the

appropriate manual; and

(3) The instruments and equipment

listed in the manual that are required for

a particular Category II or Category III

operation have been inspected and

maintained in accordance with the

maintenance program contained in the

manual.

(b) Each operator must keep a current

copy of each approved manual at its

principal base of operations and must

make each manual available for

inspection upon request by the

Administrator.

(c) This section does not apply to

operations conducted by a holder of a

certificate issued under part 121 or part

135 of this chapter.

42. Section 91.205 is amended by

revising paragraph (f) and adding a new

paragraph (g) and (h) to read as follows:

§ 91.205 Powered civil aircraft with

standard category U.S. airworthiness

certificates: Instrument and equipment

requirements.

* * * * *

(f) Category II operations. The

requirements for Category II operations

are the instruments and equipment

specified in—

(1) Paragraph (d) of this section; and

(2) Appendix A to this part.

(g) Category III operations. The

instruments and equipment required for

Category III operations are specified in

paragraph (d) of this section.

(h) Exclusions. Paragraphs (f) and (g)

of this section do not apply to

operations conducted by a holder of a

certificate issued under part 121 or part

135 of this chapter.

PART 121—OPERATING

REQUIREMENTS: DOMESTIC, FLAG,

AND SUPPLEMENTAL OPERATIONS

43. The authority citation for part 121

continues to read as follows:

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

44101, 44701–44702, 44705, 44709–44711,

44713, 44716–44717, 44722, 44901, 44903–

44904, 44912, 46105.

Special Federal Aviation Regulation

No. 58—Advanced Qualification

Program

43A. Section 2 of SFAR 58 is

amended by revising the definition of

‘‘training center’’ to read as follows:

2. Definitions.

* * * * *

Training center means an organization

certificated under part 142 of this

chapter or an organization approved by

the Administrator to operate under the

terms of this SFAR to provide training

as described in section 1(b) of SFAR 58.

* * * * *

43B. Section 11 of SFAR 58 is

amended by adding a new paragraph (d)

to read as follows:

11. Approval of Training,

Qualification, or Evaluation by a Person

Who Provides Training by Arrangement.

* * * * *

(d) Approval for the training,

qualification, or evaluation by a person

who provides training by arrangement

authorized by this section expires on

August 3, 1998 unless that person meets

the eligibility requirements specified

under § 121.402 or § 135.324 of this

chapter. After August 2, 1998 approval

for the training, qualification, or

evaluation, by a person who provides

training by arrangement authorized by

this section, shall be granted only to

persons who meet the eligibility

requirements specified under § 121.402

or § 135.234 of this chapter.

* * * * *

44. Section 121.400 is amended by

adding new paragraphs (c)(7) and (c)(8).

§ 121.400 Applicability and terms used.

* * * * *

(7) Training center. An organization

governed by the applicable

requirements of part 142 of this chapter

that provides training, testing, and

checking under contract or other

arrangement to certificate holders

subject to the requirements of this part.

(8) Requalification training. The

training required for crewmembers

previously trained and qualified, but

who have become unqualified due to

not having met within the required

period the recurrent training

requirements of § 121.427 or the

proficiency check requirements of

§ 121.441.

45. Section 121.402 is added to read

as follows:

§ 121.402 Training program: Special Rules.

(a) Other than the certificate holder,

only another certificate holder

certificated under this part or a training

center certificated under part 142 of this

chapter is eligible under this subpart to

provide training, testing, and checking

under contract or other arrangement to

those persons subject to the

requirements of this subpart.

(b) A certificate holder may contract

with, or otherwise arrange to use the

services of, a training center certificated

under part 142 of this chapter to provide

training, testing, and checking required

by this part only if the training center—
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34561

(1) Holds applicable training

specifications issued under part 142 of

this chapter;

(2) Has facilities, training equipment,

and courseware meeting the applicable

requirements of part 142 of this chapter;

(3) Has approved curriculums,

curriculum segments, and portions of

curriculum segments applicable for use

in training courses required by this

subpart; and

(4) Has sufficient instructor and check

airmen qualified under the applicable

requirements of §§ 121.411 or 121.413 to

provide training, testing, and checking

to persons subject to the requirements of

this subpart.

46. Section 121.431 is amended by

revising paragraph (a) to read as follows:

§ 121.431 Applicability.

(a) This subpart:

(1) 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. The

Administrator may authorize any other

certificate holder that conducts

operations under part 135 of this

chapter 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 § 135.344 of this

chapter, instead of the requirements of

§ 121.434; and

(2) Permits training center personnel

authorized under part 142 of this

chapter who meet the requirements of

§§ 121.411 and 121.413 to provide

training, testing and checking under

contract or other arrangement to those

persons subject to the requirements of

this subpart.

* * * * *

PART 125—CERTIFICATION AND

OPERATIONS: AIRPLANES HAVING A

SEATING CAPACITY OF 20 OR MORE

PASSENGERS OR A MAXIMUM

PAYLOAD CAPACITY OF 6,000

POUNDS OR MORE

47. The authority citation for part 125

continues to read as follows:

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

44702, 44705, 44710–44711, 44713, 44716–

44717, 44722.

48. Section 125.285 is amended by

revising the introductory text of

paragraph (a) and the introductory text

of paragraph (c) to read as follows:

§ 125.285 Pilot qualifications: Recent

experience.

(a) No certificate holder may use any

person, nor may any person serve, as a

required pilot flight crewmember unless

within the preceding 90 calendar days

that person has made at least three

takeoffs and landings in the type

airplane in which that person is to

serve. The takeoffs and landings

required by this paragraph may be

performed in a flight simulator if the

flight simulator is qualified and

approved by the Administrator for such

purpose. * * *

* * * * *

(c) A required pilot flight

crewmember who performs the

maneuvers required by paragraph (b) of

this section in a qualified and approved

flight simulator, as prescribed in

paragraph (a) of this section, must—

* * * * *

49. Section 125.296 is added to read

as follows:

§ 125.296 Training, testing, and checking

conducted by training centers: Special

rules.

A crewmember who has successfully

completed training, testing, or checking

in accordance with an approved training

program that meets the requirements of

this part and that is conducted in

accordance with an approved course

conducted by a training center

certificated under part 142 of this

chapter, is considered to meet

applicable requirements of this part.

50. Section 125.297 is amended by

revising the section heading and

paragraph (a) and (b) introductory text

to read as follows:

§ 125.297 Approval of flight simulators and

flight training devices.

(a) Flight simulators and flight

training devices approved by the

Administrator may be used in training,

testing, and checking required by this

subpart.

(b) Each flight simulator and flight

training device that is used in training,

testing, and checking required under

this subpart must be used in accordance

with an approved training course

conducted by a training center

certificated under part 142 of this

chapter, or meet the following

requirements:

* * * * *

PART 135—OPERATING

REQUIREMENTS: COMMUTER AND

ON-DEMAND OPERATIONS

51. The authority citation for part 135

continues to read as follows:

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

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

44717, 44722.

52. Section 135.291 is revised to read

as follows:

§ 135.291 Applicability.

Except as provided in § 135.3, this

subpart—

(a) Prescribes the tests and checks

required for pilot and flight attendant

crewmembers and for the approval of

check pilots in operations under this

part; and

(b) Permits training center personnel

authorized under part 142 of this

chapter who meet the requirements of

§ 135.337 and § 135.339 to provide

training, testing, and checking under

contract or other arrangement to those

persons subject to the requirements of

this subpart.

53. Section 135.321 is amended by

revising paragraph (a) and by adding

paragraphs (b)(7) and (b)(8) to read as

follows:

§ 135.321 Applicability and terms used.

(a) Except as provided in § 135.3, this

subpart prescribes the requirements

applicable to—

(1) A certificate holder under this part

which contracts with, or otherwise

arranges to use the services of a training

center certificated under part 142 to

perform training, testing, and checking

functions;

(2) Each certificate holder for

establishing and maintaining an

approved training program for

crewmembers, check airmen and

instructors, and other operations

personnel employed or used by that

certificate holder; and

(3) Each certificate holder for the

qualification, approval, and use of

aircraft simulators and flight training

devices in the conduct of the program.

(b) * * *

(7) Training center. An organization

governed by the applicable

requirements of part 142 of this chapter

that provides training, testing, and

checking under contract or other

arrangement to certificate holders

subject to the requirements of this part.

(8) Requalification training. The

training required for crewmembers

previously trained and qualified, but

who have become unqualified due to

not having met within the required

period the—

(i) Recurrent pilot testing

requirements of § 135.293;
34562 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(ii) Instrument proficiency check

requirements of § 135.297; or

(iii) Line checks required by

§ 135.299.

54. Section 135.324 is added to read

as follows:

§ 135.324 Training program: Special Rules.

(a) Other than the certificate holder,

only another certificate holder

certificated under this part or a training

center certificated under part 142 of this

chapter is eligible under this subpart to

provide training, testing, and checking

under contract or other arrangement to

those persons subject to the

requirements of this subpart.

(b) A certificate holer may contract

with, or otherwise arrange to use the

services of, a training center certificated

under part 142 of this chapter to provide

training, testing, and checking required

by this part only if the training center—

(1) Holds applicable training

specifications issued under part 142 of

this chapter;

(2) Has facilities, training equipment,

and courseware meeting the applicable

requirements of part 142 of this chapter;

(3) Has approved curriculums,

curriculum segments, and portions of

curriculum segments applicable for use

in training courses required by this

subpart; and

(4) Has sufficient instructor and check

airmen qualified under the applicable

requirements of §§ 135.337 or 135.339 to

provide training, testing, and checking

to persons subject to the requirements of

this subpart.

PART 141—PILOT SCHOOLS

55. The authority citation for part 141

continues to read as follows:

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

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

45301–45302.

56. Section 141.26 is added to read as

follows:

§ 141.26 Training agreements.

A training center certificated under

part 142 of this chapter may provide the

training, testing, and checking for pilot

schools certificated under part 141 of

this chapter and is considered to meet

the requirements of part 141 provided—

(a) There is a training agreement

between the certificated training center

and the pilot school;

(b) The training, testing, and checking

provided by the certificated training

center is approved and conducted under

part 142;

(c) The pilot school certificated under

part 141 obtains the Administrator’s

approval for a training course outline

that includes the training, testing, and

checking to be conducted under part

141 and the training, testing, and

checking to be conducted under part

142 of this chapter; and

(d) Upon completion of the training,

testing, and checking conducted under

part 142 of this chapter, a copy of each

student’s training record is forwarded to

the part 141 school and becomes part of

the student’s permanent training record.

57. Part 142 is added to read as

follows:

PART 142—TRAINING CENTERS

Subpart A—General

§ 142.1 Applicability.

§ 142.3 Definitions.

§ 142.5 Certificate and training

specifications required.

§ 142.7 Duration of a certificate.

§ 142.9 Deviations or waivers.

§ 142.11 Application for issuance or

amendment.

§ 142.13 Management and personnel

requirements.

§ 142.15 Facilities.

§ 142.17 Satellite training centers.

§ 142.19 Foreign training centers: Special

rules.

§ 142.21–142.25 [Reserved]

§ 142.27 Display of certificate.

§ 142.29 Inspections.

§ 142.31 Advertising limitations.

§ 142.33 Training agreements.

Subpart B—Aircrew Curriculum and

Syllabus Requirements

§ 142.35 Applicability.

§ 142.37 Approval of flight aircrew training

program.

§ 142.39 Training program curriculum

requirements.

Subpart C—Personnel and Flight Training

Equipment Requirements

§ 142.45 Applicability.

§ 142.47 Training center instructor

eligibility requirements.

§ 142.49 Training center instructor and

evaluator privileges and limitations.

§ 142.51 [Reserved]

§ 142.53 Training center instructor training

and testing requirements.

§ 142.55 Training center evaluator

requirements.

§ 142.57 Aircraft requirements.

§ 142.59 Flight simulators and flight

training devices.

Subpart D—Operating Rules

§ 142.61 Applicability.

§ 142.63 Privileges.

§ 142.65 Limitations.

Subpart E—Recordkeeping

§ 142.71 Applicability.

§ 142.73 Recordkeeping requirements.

Subpart F—Other Approved Courses

§ 142.81 Conduct of other approved

courses.

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

44101, 44701–44703, 44705, 44707, 44709–

44711, 45102–45103, 45301–45302.

Subpart A— General

§ 142.1 Applicability.

(a) This subpart prescribes the

requirements governing the certification

and operation of aviation training

centers. Except as provided in

paragraph (b) of this section, this part

provides an alternative means to

accomplish training required by parts

61, 63, 121, 125, 127, 135, or 137 of this

chapter.

(b) Certification under this part is not

required for training that is—

(1) Approved under the provisions of

parts 63, 121, 125, 127, 135, and 137;

(2) Approved under SFAR 58,

Advanced Qualification Programs, for

the authorization holder’s own

employees;

(3) Conducted under part 61 unless

that part requires certification under

this part;

(4) Conducted by a part 121 certificate

holder for another part 121 certificate

holder; or

(5) Conducted by a part 135 certificate

holder for another part 135 certificate

holder.

(c) Except as provided in paragraph

(b) of this section, after August 3, 1998,

no person may conduct training, testing,

or checking in advanced flight training

devices or flight simulators without, or

in violation of, the certificate and

training specifications required by this

part.

§ 142.3 Definitions.

As used in this part:

Advanced Flight Training Device as

used in this part, means a flight training

device as defined in part 61 of this

chapter that has a cockpit that

accurately replicates a specific make,

model, and type aircraft cockpit, and

handling characteristics that accurately

model the aircraft handling

characteristics.

Core Curriculum means a set of

courses approved by the Administrator,

for use by a training center and its

satellite training centers. The core

curriculum consists of training which is

required for certification. It does not

include training for tasks and

circumstances unique to a particular

user.

Course means—

(1) A program of instruction to obtain

pilot certification, qualification,

authorization, or currency;

(2) A program of instruction to meet

a specified number of requirements of a

program for pilot training, certification,

qualification, authorization, or currency;

or

(3) A curriculum, or curriculum

segment, as defined in SFAR 58 of part

121 of this chapter.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34563

Courseware means instructional

material developed for each course or

curriculum, including lesson plans,

flight event descriptions, computer

software programs, audiovisual

programs, workbooks, and handouts.

Evaluator means a person employed

by a training center certificate holder

who performs tests for certification,

added ratings, authorizations, and

proficiency checks that are authorized

by the certificate holder’s training

specification, and who is authorized by

the Administrator to administer such

checks and tests.

Flight training equipment means

flight simulators, as defined in § 61.1(a)

of this chapter, flight training devices,

as defined in § 61.1(a) of this chapter,

and aircraft.

Instructor means a person employed

by a training center and designated to

provide instruction in accordance with

subpart C of this part.

Line-Operational Simulation means

simulation conducted using operationaloriented flight scenarios that accurately

replicate interaction among flightcrew

members and between flightcrew

members and dispatch facilities, other

crewmembers, air traffic control, and

ground operations. Line operational

simulation simulations are conducted

for training and evaluation purposes

and include random, abnormal, and

emergency occurrences. Line

operational simulation specifically

includes line-oriented flight training,

special purpose operational training,

and line operational evaluation.

Specialty Curriculum means a set of

courses that is designed to satisfy a

requirement of the Federal Aviation

Regulations and that is approved by the

Administrator for use by a particular

training center or satellite training

center. The specialty curriculum

includes training requirements unique

to one or more training center clients.

Training center means an organization

governed by the applicable

requirements of this part that provides

training, testing, and checking under

contract or other arrangement to airmen

subject to the requirements of this

chapter.

Training program consists of courses,

courseware, facilities, flight training

equipment, and personnel necessary to

accomplish a specific training objective.

It may include a core curriculum and a

specialty curriculum.

Training specifications means a

document issued to a training center

certificate holder by the Administrator

that prescribes that center’s training,

checking, and testing authorizations and

limitations, and specifies training

program requirements.

§ 142.5 Certificate and training

specifications required.

(a) No person may operate a

certificated training center without, or

in violation of, a training center

certificate and training specifications

issued under this part.

(b) An applicant will be issued a

training center certificate and training

specifications with appropriate

limitations if the applicant shows that it

has adequate facilities, equipment,

personnel, and courseware required by

§ 142.11 to conduct training approved

under § 142.37.

§ 142.7 Duration of a certificate.

(a) Except as provided in paragraph

(b) of this section, a training center

certificate issued under this part is

effective until the certificate is

surrendered or until the Administrator

suspends, revokes, or terminates it.

(b) Unless sooner surrendered,

suspended, or revoked, a certificate

issued under this part for a training

center located outside the United States

expires at the end of the twelfth month

after the month in which it is issued or

renewed.

(c) If the Administrator suspends,

revokes, or terminates a training center

certificate, the holder of that certificate

shall return the certificate to the

Administrator within 5 working days

after being notified that the certificate is

suspended, revoked, or terminated.

§ 142.9 Deviations or waivers.

(a) The Administrator may issue

deviations or waivers from any of the

requirements of this part.

(b) A training center applicant

requesting a deviation or waiver under

this section must provide the

Administrator with information

acceptable to the Administrator that

shows—

(1) Justification for the deviation or

waiver; and

(2) That the deviation or waiver will

not adversely affect the quality of

instruction or evaluation.

§ 142.11 Application for issuance or

amendment.

(a) An application for a training center

certificate and training specifications

shall—

(1) Be made on a form and in a

manner prescribed by the

Administrator;

(2) Be filed with the FAA Flight

Standards District Office that has

jurisdiction over the area in which the

applicant’s principal business office is

located; and

(3) Be made at least 120 calendar days

before the beginning of any proposed

training or 60 calendar days before

effecting an amendment to any

approved training, unless a shorter

filing period is approved by the

Administrator.

(b) Each application for a training

center certificate and training

specification shall provide—

(1) A statement showing that the

minimum qualification requirements for

each management position are met or

exceeded;

(2) A statement acknowledging that

the applicant shall notify the

Administrator within 10 working days

of any change made in the assignment

of persons in the required management

positions;

(3) The proposed training

authorizations and training

specifications requested by the

applicant;

(4) The proposed evaluation

authorization;

(5) A description of the flight training

equipment that the applicant proposes

to use;

(6) A description of the applicant’s

training facilities, equipment,

qualifications of personnel to be used,

and proposed evaluation plans;

(7) A training program curriculum,

including syllabi, outlines, courseware,

procedures, and documentation to

support the items required in subpart B

of this part, upon request by the

Administrator;

(8) A description of a recordkeeping

system that will identify and document

the details of training, qualification, and

certification of students, instructors, and

evaluators;

(9) A description of quality control

measures proposed; and

(10) A method of demonstrating the

applicant’s qualification and ability to

provide training for a certificate or

rating in fewer than the minimum hours

prescribed in part 61 of this chapter if

the applicant proposes to do so.

(c) The facilities and equipment

described in paragraph (b)(6) of this

section shall—

(1) Be available for inspection and

evaluation prior to approval; and

(2) Be in place and operational at the

location of the proposed training center

prior to issuance of a certificate under

this part.

(d) An applicant who meets the

requirements of this part and is

approved by the Administrator is

entitled to—

(1) A training center certificate

containing all business names included

on the application under which the

certificate holder may conduct

operations and the address of each

business office used by the certificate

holder; and
34564 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(2) Training specifications, issued by

the Administrator to the certificate

holder, containing—

(i) The type of training authorized,

including approved courses;

(ii) The category, class, and type of

aircraft that may be used for training,

testing, and checking;

(iii) For each flight simulator or flight

training device, the make, model, and

series of airplane or the set of airplanes

being simulated and the qualification

level assigned, or the make, model, and

series of rotorcraft, or set of rotorcraft

being simulated and the qualification

level assigned;

(iv) For each flight simulator and

flight training device subject to

qualification evaluation by the

Administrator, the identification

number assigned by the FAA;

(v) The name and address of all

satellite training centers, and the

approved courses offered at each

satellite training center;

(vi) Authorized deviations or waivers

from this part; and

(vii) Any other items the

Administrator may require or allow.

(e) The Administrator may deny,

suspend, revoke, or terminate a

certificate under this part if the

Administrator finds that the applicant

or the certificate holder—

(1) Held a training center certificate

that was revoked, suspended, or

terminated within the previous 5 years;

or

(2) Employs or proposes to employ a

person who—

(i) Was previously employed in a

management or supervisory position by

the holder of a training center certificate

that was revoked, suspended, or

terminated within the previous 5 years;

(ii) Exercised control over any

certificate holder whose certificate has

been revoked, suspended, or terminated

within the last 5 years; and

(iii) Contributed materially to the

revocation, suspension, or termination

of that certificate and who will be

employed in a management or

supervisory position, or who will be in

control of or have a substantial

ownership interest in the training

center.

(3) Has provided incomplete,

inaccurate, fraudulent, or false

information for a training center

certificate;

(4) Has violated any provision of

§ 142.21; or

(5) Should not be granted a certificate

if the grant would not foster aviation

safety.

(f) At any time, the Administrator may

amend a training center certificate—

(1) On the Administrator’s own

initiative, under section 609 of the

Federal Aviation Act of 1958 (49 U.S.C.

1429), as amended, and part 13 of this

chapter; or

(2) Upon timely application by the

certificate holder.

(g) The certificate holder must file an

application to amend a training center

certificate at least 60 calendar days prior

to the applicant’s proposed effective

amendment date unless a different filing

period is approved by the

Administrator.

§ 142.13 Management and personnel

requirements.

An applicant for a training center

certificate must show that—

(a) For each proposed curriculum, the

training center has, and shall maintain,

a sufficient number of instructors who

are qualified in accordance with subpart

C of this part to perform the duties to

which they are assigned;

(b) The training center has designated,

and shall maintain, a sufficient number

of approved evaluators to provide

required checks and tests to graduation

candidates within 7 calendar days of

training completion for any curriculum

leading to airman certificates or ratings,

or both;

(c) The training center has, and shall

maintain, a sufficient number of

management personnel who are

qualified and competent to perform

required duties; and

(d) A management representative, and

all personnel who are designated by the

training center to conduct direct student

training, are able to understand, read,

write, and fluently speak the English

language.

§ 142.15 Facilities.

(a) An applicant for, or holder of, a

training center certificate shall ensure

that—

(1) Each room, training booth, or other

space used for instructional purposes is

heated, lighted, and ventilated to

conform to local building, sanitation,

and health codes; and

(2) The facilities used for instruction

are not routinely subject to significant

distractions caused by flight operations

and maintenance operations at the

airport.

(b) An applicant for, or holder of, a

training center certificate shall establish

and maintain a principal business office

that is physically located at the address

shown on its training center certificate.

(c) The records required to be

maintained by this part must be located

in facilities adequate for that purpose.

(d) An applicant for, or holder of, a

training center certificate must have

available exclusively, for adequate

periods of time and at a location

approved by the Administrator,

adequate flight training equipment and

courseware, including at least one flight

simulator or advanced flight training

device.

(e) A training center certificate may be

issued to an applicant having a business

office or training center located outside

the United States.

§ 142.17 Satellite training centers.

(a) The holder of a training center

certificate may conduct training in

accordance with an approved training

program at a satellite training center

located in the United States if—

(1) The facilities, equipment,

personnel, and course content of the

satellite training center meet the

applicable requirements of this part;

(2) The instructors and evaluators at

the satellite training center are under

the direct supervision of management

personnel of the principal training

center;

(3) The Administrator is notified in

writing that a particular satellite is to

begin operations at least 60 days prior

to proposed commencement of

operations at the satellite training

center; and

(4) The certificate holder’s training

specifications reflect the name and

address of the satellite training center

and the approved courses offered at the

satellite training center.

(b) The certificate holder’s training

specifications shall prescribe the

operations required and authorized at

each satellite training center.

§ 142.19 Foreign training centers: Special

rules.

(a) In the discretion of the

Administrator, a training center located

outside the United States may be

certificated by the Administrator

pursuant to this part.

(b) A training center located outside

the United States may prepare and

recommend U.S. applicants for airman

certificates and may prepare and

recommend applicants for

authorizations, endorsements, and

added ratings to FAA-issued certificates,

and may issue such certificates,

authorizations, endorsements, and

added ratings to the extent authorized

and approved by the Administrator.

(c) In addition to the authority

provided under paragraph (b) of this

section, a training center located outside

the United States, when authorized by

the Administrator, may provide any

training, testing, or checking that is

required to satisfy a requirement of 14

CFR chapter I.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34565

§ 142.21–142.25 [Reserved]

§ 142.27 Display of certificate.

(a) Each holder of a training center

certificate must prominently display

that certificate in a place accessible to

the public in the principal business

office of the training center.

(b) A training center certificate and

training specifications must be made

available for inspection upon request

by—

(1) The Administrator;

(2) An authorized representative of

the National Transportation Safety

Board; or

(3) Any Federal, State, or local law

enforcement agency.

§ 142.29 Inspections.

Each certificate holder must allow the

Administrator to inspect training center

facilities, equipment, and records at any

reasonable time and in any reasonable

place in order to determine compliance

with or to determine initial or

continuing eligibility under 49 U.S.C.

44701, 44707, formerly the Federal

Aviation Act of 1958, as amended, and

the training center’s certificate and

training specifications.

§ 142.31 Advertising limitations.

(a) A certificate holder may not

conduct, and may not advertise to

conduct, any training, testing, and

checking that is not approved by the

Administrator if that training is

designed to satisfy any requirement of

this chapter.

(b) A certificate holder whose

certificate has been surrendered,

suspended, revoked, or terminated

must—

(1) Promptly remove all indications,

including signs, wherever located, that

the training center was certificated by

the Administrator; and

(2) Promptly notify all advertising

agents, or advertising media, or both,

employed by the certificate holder to

cease all advertising indicating that the

training center is certificated by the

Administrator.

§ 142.33 Training agreements.

A pilot school certificated under part

141 of this chapter may provide

training, testing, and checking for a

training center certificated under this

part if—

(a) There is a training, testing, and

checking agreement between the

certificated training center and the pilot

school;

(b) The training, testing, and checking

provided by the certificated pilot school

is approved and conducted in

accordance with this part;

(c) The pilot school certificated under

part 141 obtains the Administrator’s

approval for a training course outline

that includes the portion of the training,

testing, and checking to be conducted

under part 141; and

(d) Upon completion of training,

testing, and checking conducted under

part 141, a copy of each student’s

training record is forwarded to the part

142 training center and becomes part of

the student’s permanent training record.

Subpart B—Aircrew Curriculum and

Syllabus Requirements

§ 142.35 Applicability.

This subpart prescribes the

curriculum and syllabus requirements

for the issuance of a training center

certificate and training specifications for

training, testing, and checking

conducted to meet the requirements of

part 61 of this chapter.

§ 142.37 Approval of flight aircrew training

program.

(a) Except as provided in paragraph

(b) of this section, each applicant for, or

holder of, a training center certificate

must apply to the Administrator for

training program approval.

(b) A curriculum approved under

SFAR 58 of part 121 of this chapter is

approved under this part without

modifications.

(c) Application for training program

approval shall be made in a form and in

a manner acceptable to the

Administrator.

(d) Each application for training

program approval must indicate—

(1) Which courses are part of the core

curriculum and which courses are part

of the specialty curriculum;

(2) Which requirements of part 61 of

this chapter would be satisfied by the

curriculum or curriculums; and

(3) Which requirements of part 61 of

this chapter would not be satisfied by

the curriculum or curriculums.

(e) If, after a certificate holder begins

operations under an approved training

program, the Administrator finds that

the certificate holder is not meeting the

provisions of its approved training

program, the Administrator may require

the certificate holder to make revisions

to that training program.

(f) If the Administrator requires a

certificate holder to make revisions to

an approved training program and the

certificate holder does not make those

required revisions, within 30 calendar

days, the Administrator may suspend,

revoke, or terminate the training center

certificate under the provisions of

§ 142.11(e).

§ 142.39 Training program curriculum

requirements.

Each training program curriculum

submitted to the Administrator for

approval must meet the applicable

requirements of this part and must

contain—

(a) A syllabus for each proposed

curriculum;

(b) Minimum aircraft and flight

training equipment requirements for

each proposed curriculum;

(c) Minimum instructor and evaluator

qualifications for each proposed

curriculum;

(d) A curriculum for initial training

and continuing training of each

instructor or evaluator employed to

instruct in a proposed curriculum; and

(e) For each curriculum that provides

for the issuance of a certificate or rating

in fewer than the minimum hours

prescribed by part 61 of this chapter—

(1) A means of demonstrating the

ability to accomplish such training in

the reduced number of hours; and

(2) A means of tracking student

performance.

Subpart C—Personnel and Flight

Training Equipment Requirements

§ 142.45 Applicability.

This subpart prescribes the personnel

and flight training equipment

requirements for a certificate holder that

is training to meet the requirements of

part 61 of this chapter.

§ 142.47 Training center instructor

eligibility requirements.

(a) A certificate holder may not

employ a person as an instructor in a

flight training course that is subject to

approval by the Administrator unless

that person—

(1) Is at least 18 years of age;

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

and understand in the English language;

(3) If instructing in an aircraft in

flight, is qualified in accordance with

subpart G of part 61 of this chapter;

(4) Satisfies the requirements of

paragraph (c) of this section; and

(5) Meets at least one of the following

requirements—

(i) Except as allowed by paragraph

(a)(5)(ii) of this section, meets the

aeronautical experience requirements of

§ 61.129 or § 61.131 of this chapter, as

applicable, excluding the required hours

of instruction in preparation for the

commercial pilot practical test;

(ii) If instructing in a flight simulator

or flight training device that represents

an airplane requiring a type rating or if

instructing in a curriculum leading to

the issuance of an airline transport pilot

certificate or an added rating to an
34566 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

airline transport pilot certificate, meets

the aeronautical experience

requirements of § 61.155 or § 61.161 of

this chapter, as applicable; or

(iii) Is employed as a flight simulator

instructor or a flight training device

instructor for a training center providing

instruction and testing to meet the

requirements of part 61 of this chapter

on August 1, 1996.

(b) A training center must designate

each instructor in writing to instruct in

each approved course, prior to that

person functioning as an instructor in

that course.

(c) Prior to initial designation, each

instructor shall:

(1) Complete at least 8 hours of

ground training on the following subject

matter:

(i) Instruction methods and

techniques.

(ii) Training policies and procedures.

(iii) The fundamental principles of the

learning process.

(iv) Instructor duties, privileges,

responsibilities, and limitations.

(v) Proper operation of simulation

controls and systems.

(vi) Proper operation of

environmental control and warning or

caution panels.

(vii) Limitations of simulation.

(viii) Minimum equipment

requirements for each curriculum.

(ix) Revisions to the training courses.

(x) Cockpit resource management and

crew coordination.

(2) Satisfactorily complete a written

test—

(i) On the subjects specified in

paragraph (c)(1) of this section; and

(ii) That is accepted by the

Administrator as being of equivalent

difficulty, complexity, and scope as the

tests provided by the Administrator for

the flight instructor airplane and

instrument flight instructor knowledge

tests.

§ 142.49 Training center instructor and

evaluator privileges and limitations.

(a) A certificate holder may allow an

instructor to provide:

(1) Instruction for each curriculum for

which that instructor is qualified.

(2) Testing and checking for which

that instructor is qualified.

(3) Instruction, testing, and checking

intended to satisfy the requirements of

any part of this chapter.

(b) A training center whose instructor

or evaluator is designated in accordance

with the requirements of this subpart to

conduct training, testing, or checking in

qualified and approved flight training

equipment, may allow its instructor or

evaluator to give endorsements required

by part 61 of this chapter if that

instructor or evaluator is authorized by

the Administrator to instruct or evaluate

in a part 142 curriculum that requires

such endorsements.

(c) A training center may not allow an

instructor to—

(1) Excluding briefings and

debriefings, conduct more than 8 hours

of instruction in any 24-consecutivehour period;

(2) Provide flight training equipment

instruction unless that instructor meets

the requirements of § 142.53 (a)(1)

through (a)(4), and § 142.53(b), as

applicable; or

(3) Provide flight instruction in an

aircraft unless that instructor—

(i) Meets the requirements of

§ 142.53(a)(1), (a)(2), and (a)(5);

(ii) Is qualified and authorized in

accordance with subpart G of part 61 of

this chapter;

(iii) Holds certificates and ratings

specified by part 61 of this chapter

appropriate to the category, class, and

type aircraft in which instructing;

(iv) If instructing or evaluating in an

aircraft in flight while occupying a

required crewmember seat, holds at

least a valid second class medical

certificate; and

(v) Meets the recency of experience

requirements of part 61 of this chapter.

§ 142.51 [Reserved]

§ 142.53 Training center instructor training

and testing requirements.

(a) Except as provided in paragraph

(c) of this section, prior to designation

and every 12 calendar months beginning

the first day of the month following an

instructor’s initial designation, a

certificate holder must ensure that each

of its instructors meets the following

requirements:

(1) Each instructor must satisfactorily

demonstrate to an authorized evaluator

knowledge of, and proficiency in,

instructing in a representative segment

of each curriculum for which that

instructor is designated to instruct

under this part.

(2) Each instructor must satisfactorily

complete an approved course of ground

instruction in at least—

(i) The fundamental principles of the

learning process;

(ii) Elements of effective teaching,

instruction methods, and techniques;

(iii) Instructor duties, privileges,

responsibilities, and limitations;

(iv) Training policies and procedures;

(v) Cockpit resource management and

crew coordination; and

(vi) Evaluation.

(3) Each instructor who instructs in a

qualified and approved flight simulator

or flight training device must

satisfactorily complete an approved

course of training in the operation of the

flight simulator, and an approved course

of ground instruction, applicable to the

training courses the instructor is

designated to instruct.

(4) The flight simulator training

course required by paragraph (a)(3) of

this section which must include—

(i) Proper operation of flight simulator

and flight training device controls and

systems;

(ii) Proper operation of environmental

and fault panels;

(iii) Limitations of simulation; and

(iv) Minimum equipment

requirements for each curriculum.

(5) Each flight instructor who

provides training in an aircraft must

satisfactorily complete an approved

course of ground instruction and flight

training in an aircraft, flight simulator,

or flight training device.

(6) The approved course of ground

instruction and flight training required

by paragraph (a)(5) of this section which

must include instruction in—

(i) Performance and analysis of flight

training procedures and maneuvers

applicable to the training courses that

the instructor is designated to instruct;

(ii) Technical subjects covering

aircraft subsystems and operating rules

applicable to the training courses that

the instructor is designated to instruct;

(iii) Emergency operations;

(iv) Emergency situations likely to

develop during training; and

(v) Appropriate safety measures.

(7) Each instructor who instructs in

qualified and approved flight training

equipment must pass a written test and

annual proficiency check—

(i) In the flight training equipment in

which the instructor will be instructing;

and

(ii) On the subject matter and

maneuvers which the instructor will be

instructing.

(b) In addition to the requirements of

paragraphs (a)(1) through (a)(7) of this

section, each certificate holder must

ensure that each instructor who

instructs in a flight simulator that the

Administrator has approved for all

training and all testing for the airline

transport pilot certification test, aircraft

type rating test, or both, has met at least

one of the following three requirements:

(1) Each instructor must have

performed 2 hours in flight, including

three takeoffs and three landings as the

sole manipulator of the controls of an

aircraft of the same category and class,

and, if a type rating is required, of the

same type replicated by the approved

flight simulator in which that instructor

is designated to instruct;

(2) Each instructor must have

participated in an approved line-
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34567

observation program under part 121 or

part 135 of this chapter, and that—

(i) Was accomplished in the same

airplane type as the airplane

represented by the flight simulator in

which that instructor is designated to

instruct; and

(ii) Included line-oriented flight

training of at least 1 hour of flight

during which the instructor was the sole

manipulator of the controls in a flight

simulator that replicated the same type

aircraft for which that instructor is

designated to instruct; or

(3) Each instructor must have

participated in an approved in-flight

observation training course that—

(i) Consisted of at least 2 hours of

flight time in an airplane of the same

type as the airplane replicated by the

flight simulator in which the instructor

is designated to instruct; and

(ii) Included line-oriented flight

training of at least 1 hour of flight

during which the instructor was the sole

manipulator of the controls in a flight

simulator that replicated the same type

aircraft for which that instructor is

designated to instruct.

(c) An instructor who satisfactorily

completes a curriculum required by

paragraph (a) or (b) of this section in the

calendar month before or after the

month in which it is due is considered

to have taken it in the month in which

it was due for the purpose of computing

when the next training is due.

(d) The Administrator may give credit

for the requirements of paragraph (a) or

(b) of this section to an instructor who

has satisfactorily completed an

instructor training course for a part 121

or part 135 certificate holder if the

Administrator finds such a course

equivalent to the requirements of

paragraph (a) or (b) of this section.

§ 142.55 Training center evaluator

requirements.

(a) Except as provided by paragraph

(d) of this section, a training center must

ensure that each person authorized as

an evaluator—

(1) Is approved by the Administrator;

(2) Is in compliance with §§ 142.47,

142.49, and 142.53 and applicable

sections of part 187 of this chapter; and

(3) Prior to designation, and except as

provided in paragraph (b) of this

section, every 12-calendar-month period

following initial designation, the

certificate holder must ensure that the

evaluator satisfactorily completes a

curriculum that includes the following:

(i) Evaluator duties, functions, and

responsibilities;

(ii) Methods, procedures, and

techniques for conducting required tests

and checks;

(iii) Evaluation of pilot performance;

and

(iv) Management of unsatisfactory

tests and subsequent corrective action;

and

(4) If evaluating in qualified and

approved flight training equipment

must satisfactorily pass a written test

and annual proficiency check in a flight

simulator or aircraft in which the

evaluator will be evaluating.

(b) An evaluator who satisfactorily

completes a curriculum required by

paragraph (a) of this section in the

calendar month before or the calendar

month after the month in which it is

due is considered to have taken it in the

month is which it was due for the

purpose of computing when the next

training is due.

(c) The Administrator may give credit

for the requirements of paragraph (a)(3)

of this section to an evaluator who has

satisfactorily completed an evaluator

training course for a part 121 or part 135

certificate holder if the Administrator

finds such a course equivalent to the

requirements of paragraph (a)(3) of this

section.

(d) An evaluator who is qualified

under SFAR 58 shall be authorized to

conduct evaluations under the

Advanced Qualification Program

without complying with the

requirements of this section.

§ 142.57 Aircraft requirements.

(a) An applicant for, or holder of, a

training center certificate must ensure

that each aircraft used for flight

instruction and solo flights meets the

following requirements:

(1) Except for flight instruction and

solo flights in a curriculum for

agricultural aircraft operations, external

load operations, and similar aerial work

operations, the aircraft must have an

FAA standard airworthiness certificate

or a foreign equivalent of an FAA

standard airworthiness certificate,

acceptable to the Administrator.

(2) The aircraft must be maintained

and inspected in accordance with—

(i) The requirements of part 91,

subpart E, of this chapter; and

(ii) An approved program for

maintenance and inspection.

(3) The aircraft must be equipped as

provided in the training specifications

for the approved course for which it is

used.

(b) Except as provided in paragraph

(c) of this section, an applicant for, or

holder of, a training center certificate

must ensure that each aircraft used for

flight instruction is at least a two-place

aircraft with engine power controls and

flight controls that are easily reached

and that operate in a conventional

manner from both pilot stations.

(c) Airplanes with controls such as

nose-wheel steering, switches, fuel

selectors, and engine air flow controls

that are not easily reached and operated

in a conventional manner by both pilots

may be used for flight instruction if the

certificate holder determines that the

flight instruction can be conducted in a

safe manner considering the location of

controls and their nonconventional

operation, or both.

§ 142.59 Flight simulators and flight

training devices.

(a) An applicant for, or holder of, a

training center certificate must show

that each flight simulator and flight

training device used for training, testing,

and checking (except AQP) will be or is

specifically qualified and approved by

the Administrator for—

(1) Each maneuver and procedure for

the make, model, and series of aircraft,

set of aircraft, or aircraft type simulated,

as applicable; and

(2) Each curriculum or training course

in which the flight simulator or flight

training device is used, if that

curriculum or course is used to satisfy

any requirement of 14 CFR chapter I.

(b) The approval required by

paragraph (a)(2) of this section must

include—

(1) The set of aircraft, or type aircraft;

(2) If applicable, the particular

variation within type, for which the

training, testing, or checking is being

conducted; and

(3) The particular maneuver,

procedure, or crewmember function to

be performed.

(c) Each qualified and approved flight

simulator or flight training device used

by a training center must—

(1) Be maintained to ensure the

reliability of the performances,

functions, and all other characteristics

that were required for qualification;

(2) Be modified to conform with any

modification to the aircraft being

simulated if the modification results in

changes to performance, function, or

other characteristics required for

qualification;

(3) Be given a functional preflight

check each day before being used; and

(4) Have a discrepancy log in which

the instructor or evaluator, at the end of

each training session, enters each

discrepancy.

(d) Unless otherwise authorized by

the Administrator, each component on a

qualified and approved flight simulator

or flight training device used by a

training center must be operative if the

component is essential to, or involved

in, the training, testing, or checking of

airmen.
34568 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(e) Training centers shall not be

restricted to specific—

(1) Route segments during lineoriented flight training scenarios; and

(2) Visual data bases replicating a

specific customer’s bases of operation.

(f) Training centers may request

evaluation, qualification, and

continuing evaluation for qualification

of flight simulators and flight training

devices without—

(1) Holding an air carrier certificate;

or

(2) Having a specific relationship to

an air carrier certificate holder.

Subpart D—Operating Rules

§ 142.61 Applicability.

This subpart prescribes the operating

rules applicable to a training center

certificated under this part and

operating a course or training program

curriculum approved in accordance

with subpart B of this part.

§ 142.63 Privileges.

A certificate holder may allow flight

simulator instructors and evaluators to

meet recency of experience

requirements through the use of a

qualified and approved flight simulator

or qualified and approved flight training

device if that flight simulator or flight

training device is—

(a) Used in a course approved in

accordance with subpart B of this part;

or

(b) Approved under the Advanced

Qualification Program for meeting

recency of experience requirements.

§ 142.65 Limitations.

(a) A certificate holder shall—

(1) Ensure that a flight simulator or

flight training device freeze, slow

motion, or repositioning feature is not

used during testing or checking; and

(2) Ensure that a repositioning feature

is used during line operational

simulation for evaluation and lineoriented flight training only to advance

along a flight route to the point where

the descent and approach phase of the

flight begins.

(b) When flight testing, flight

checking, or line operational simulation

is being conducted, the certificate

holder must ensure that one of the

following occupies each crewmember

position:

(1) A crewmember qualified in the

aircraft category, class, and type, if a

type rating is required, provided that no

flight instructor who is giving

instruction may occupy a crewmember

position.

(2) A student, provided that no

student may be used in a crewmember

position with any other student not in

the same specific course.

(c) The holder of a training center

certificate may not recommend a trainee

for a certificate or rating, unless the

trainee—

(1) Has satisfactorily completed the

training specified in the course

approved under § 142.37; and

(2) Has passed the final tests required

by § 142.37.

(d) The holder of a training center

certificate may not graduate a student

from a course unless the student has

satisfactorily completed the curriculum

requirements of that course.

Subpart E—Recordkeeping

§ 142.71 Applicability.

This subpart prescribes the training

center recordkeeping requirements for

trainees enrolled in a course, and

instructors and evaluators designated to

instruct a course, approved in

accordance with subpart B of this part.

§ 142.73 Recordkeeping requirements.

(a) A certificate holder must maintain

a record for each trainee that contains—

(1) The name of the trainee;

(2) A copy of the trainee’s pilot

certificate, if any, and medical

certificate;

(3) The name of the course and the

make and model of flight training

equipment used;

(4) The trainee’s prerequisite

experience and course time completed;

(5) The trainee’s performance on each

lesson and the name of the instructor

providing instruction;

(6) The date and result of each endof-course practical test and the name of

the evaluator conducting the test; and

(7) The number of hours of additional

training that was accomplished after any

unsatisfactory practical test.

(b) A certificate holder shall maintain

a record for each instructor or evaluator

designated to instruct a course approved

in accordance with subpart B of this

part that indicates that the instructor or

evaluator has complied with the

requirements of §§ 142.13, 142.45,

142.47, 142.49, and 142.53, as

applicable.

(c) The certificate holder shall—

(1) Maintain the records required by

paragraphs (a) of this section for at least

1 year following the completion of

training, testing or checking;

(2) Maintain the qualification records

required by paragraph (b) of this section

while the instructor or evaluator is in

the employ of the certificate holder and

for 1 year thereafter; and

(3) Maintain the recurrent

demonstration of proficiency records

required by paragraph (b) of this section

for at least 1 year.

(d) The certificate holder must

provide the records required by this

section to the Administrator, upon

request and at a reasonable time, and

shall keep the records required by—

(1) Paragraph (a) of this section at the

training center, or satellite training

center where the training, testing, or

checking, if appropriate, occurred; and

(2) Paragraph (b) of this section at the

training center or satellite training

center where the instructor or evaluator

is primarily employed.

(e) The certificate holder shall provide

to a trainee, upon request and at a

reasonable time, a copy of his or her

training records.

Subpart F—Other Approved Courses

§ 142.81 Conduct of other approved

courses.

(a) An applicant for, or holder of, a

training center certificate may apply for

approval to conduct a course for which

a curriculum is not prescribed by this

part.

(b) The course for which application

is made under paragraph (a) of this

section may be for flight crewmembers

other than pilots, airmen other than

flight crewmembers, material handlers,

ground servicing personnel, and

security personnel, and others approved

by the Administrator.

(c) An applicant for course approval

under this subpart must comply with

the applicable requirements of subpart

A through subpart F of this part.

(d) The Administrator approves the

course for which the application is

made if the training center or training

center applicant shows that the course

contains a curriculum that will achieve

a level of competency equal to, or

greater than, that required by the

appropriate part of this chapter.

Issued in Washington, DC, on May 23,

1996.

David R. Hinson,

Administrator.

[FR Doc. 96–16432 Filed 7–1–96; 8:45 am]

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