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Department of Transportation Vol. 78 Tuesday, No. 218 November 12, 2013 Part III Department of Transportation Federal Aviation Administration 14 CFR Part 121 Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers; Final Rule VerDate Mar<15>2010 18:31 Nov 08, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12NOR3.SGM 12NOR3 mstockstill on DSK4VPTVN1PROD with RULES3 67800 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Transportation Division (AFS–200), CAST Commercial Aviation Safety Team Flight Standards Service, Federal CFR Code of Federal Regulations Federal Aviation Administration Aviation Administration, 800 CRM Crew Resource Management Independence Avenue SW., CTP Certification Training Program 14 CFR Part 121 DOT Department of Transportation Washington, DC 20591; telephone (202) FAA Federal Aviation Administration [Docket No.: FAA–2008–0677; Amdt. No. 267–8166. For legal questions, contact FCOM Flightcrew Operating Manual 121–366] Sara Mikolop, email: Sara.Mikolop@ FDR Flight Data Recorder faa.gov or Bonnie Dragotto, email: FFS Full Flight Simulator RIN 2120–AJ00 [email protected]; Office of FSB Flight Standardization Board Chief Counsel (AGC–200), Federal FSTD Flight Simulation Training Device Qualification, Service, and Use of FTD Flight Training Device Crewmembers and Aircraft Aviation Administration, 800 Independence Avenue SW., IAS Indicated Airspeed Dispatchers ICAO International Civil Aviation Washington, DC, 20591; telephone (202) Organization AGENCY: Federal Aviation 267–3073. ICATEE International Committee for Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: Aviation Training in Extended Envelopes ACTION: Final rule. INFO Information for Operators Authority for This Rulemaking IOS Instructor Operating Station SUMMARY: This final rule revises the The FAA’s authority to issue rules on LOC–I Loss of Control In-Flight training requirements for pilots in air aviation safety is found in Title 49 of the LOFT Line Oriented Flight Training carrier operations. The regulations United States Code (U.S.C.). This MDR Master Differences Requirements enhance air carrier pilot training NPRM Notice of Proposed Rulemaking rulemaking is promulgated under the NTSB National Transportation Safety Board programs by emphasizing the authority described in 49 U.S.C. 106(f), development of pilots’ manual handling OEM Original Equipment Manufacturer which vests final authority in the OMB Office of Management and Budget skills and adding safety-critical tasks Administrator for carrying out all PIC Pilot in Command such as recovery from stall and upset. functions, powers, and duties of the POI Principal Operations Inspector The final rule also requires enhanced administration relating to the PRIA Pilot Records Improvement Act runway safety training and pilot promulgation of regulations and rules, PTS Practical Test Standards monitoring training to be incorporated and 44701(a)(5), which requires the SAFO Safety Alert for Operators into existing requirements for scenario- Administrator to promulgate regulations SIC Second in Command SMS Safety Management System based flight training and requires air and minimum standards for other carriers to implement remedial training SNPRM Supplemental Notice of Proposed practices, methods, and procedures Rulemaking programs for pilots. The FAA expects necessary for safety in air commerce and these changes to contribute to a national security. Table of Contents reduction in aviation accidents. Also, the Airline Safety and Federal I. Overview of Final Rule Additionally, the final rule revises Aviation Administration Extension Act II. Background recordkeeping requirements for of 2010 (Pub. L. 111–216) specifically A. Statement of the Problem communications between the flightcrew required the FAA to conduct B. Related Actions and dispatch; ensures that personnel rulemaking to ensure that all flightcrew C. National Transportation Safety Board identified as flight attendants have members receive ground training and (NTSB) Recommendations completed flight attendant training and flight training in recognizing and D. Sections 208 and 209 of Public Law 111–216 qualification requirements; provides avoiding stalls, recovering from stalls, civil enforcement authority for making E. Summary of NPRM and SNPRM and recognizing and avoiding upset of F. Differences Between SNPRM and Final fraudulent statements; and, provides a an aircraft, as well as the proper Rule number of conforming and technical techniques to recover from upset of an III. Discussion of Public Comments and Final changes to existing air carrier aircraft. Public Law 111–216 also Rule crewmember training and qualification directed the FAA to require air carriers A. General requirements. The final rule also to develop remedial training programs B. Compliance with Final Rule includes provisions that provide for flightcrew members who have Requirements opportunities for air carriers to modify demonstrated performance deficiencies C. Applicability of Final Rule and Impact of Final Rule on Operators with training program requirements for or experienced failures in the training flightcrew members when the air carrier Advanced Qualification Program environment. In addition, Public Law Curriculums operates multiple aircraft types with 111–216 directed the FAA to issue a D. Fraud and Falsification similar design and flight handling final rule with respect to the notice of E. Personnel Identified as Flight characteristics. proposed rulemaking (NPRM) published Attendants DATES: Effective March 12, 2014. in the Federal Register on January 12, F. Approval of Airplane Simulators and Training Devices ADDRESSES: 2009 (74 FR 1280). For information on where to G. Approval of Training Equipment Other obtain copies of rulemaking documents List of Acronyms Than Flight Simulation Training Devices and other information related to this To assist the reader, the following is H. Pilot Monitoring Duties and Training final rule, see ‘‘How To Obtain I. Flight Instructor (Simulator) and Check Additional Information’’ in the a list of acronyms used in this final rule: Airmen (Simulator) Training SUPPLEMENTARY INFORMATION section of AC Advisory Circular J. Remedial Training Programs this document. AOA Angle of Attack K. Related Aircraft Differences Training AQP Advanced Qualification Program L. Extended Envelope Flight Training FOR FURTHER INFORMATION CONTACT: For ARC Aviation Rulemaking Committee M. Extended Envelope Ground Training general questions contact Nancy Lauck ATP Airline Transport Pilot N. Communication Records for Domestic Claussen, email: Nancy.l.Claussen@ AURTA Airplane Upset Recovery Training and Flag Operations faa.gov; for flightcrew member Aid O. Runway Safety questions, contact Robert Burke, email: CAB Civil Aeronautics Board P. Crosswind Maneuvers Including Wind [email protected]; Air CAP Continuous Analysis Process Gusts VerDate Mar<15>2010 18:31 Nov 08, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12NOR3.SGM 12NOR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 67801 Q. Miscellaneous rulemaking related to the results of the In addition, while the agency finalizes R. SNPRM Economic Comments NTSB investigation of the Colgan Air the proposed rulemaking that will IV. Regulatory Notices and Analyses accident. For example, in § 208 of require part 121 operators to implement V. Executive Order Determinations Public Law 111–216, Congress directed safety management systems (SMS), A. Executive Order 12866 and 13563 the FAA to conduct rulemaking to many air carriers have already begun to B. Executive Order 13132, Federalism C. Executive Order 13211, Regulations ensure that all flightcrew members develop SMSs, which will assist air That Significantly Affect Energy Supply, receive ground training and flight carriers in identifying risks unique to Distribution, or Use training in recognizing and avoiding their own operating environments VI. How to Obtain Additional Information stalls, recovering from stalls, and (including air carrier training programs), A. Rulemaking Documents recognizing and avoiding upset of an and establishing mitigations to address B. Comments Submitted to the Docket aircraft, as well as the proper techniques those risks. Implementation of the C. Small Business Regulatory Enforcement to recover from upset. Public Law 111– initiatives identified in the FAA’s 2009 Fairness Act 216 also directed the FAA to conduct Call to Action to Enhance Airline Safety I. Overview of Final Rule rulemaking to ensure air carriers has also impacted the training develop remedial training programs for environment. On May 3, 2004, the FAA established flightcrew members who have As a result of these changes, the FAA the Crewmember/Dispatcher demonstrated performance deficiencies believes it is necessary to consider the Qualification Aviation Rulemaking or experienced failures in the training cumulative effects of these efforts across Committee (ARC) as a forum for the environment. In addition, Public Law the aviation industry before additional FAA and the aviation community to 111–216 included a number of related regulations are imposed. Accordingly, at discuss crewmember and aircraft requirements for rulemaking.2 this time, the agency has decided to dispatcher qualification and training. In light of the statutory mandate to finalize certain provisions of the The ARC submitted recommendations
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