10896 Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION C. National Transportation Safety Board ACSPT ARC Air Carrier Safety and Pilot Recommendations Training Aviation Rulemaking Committee Federal Aviation Administration IV. Discussion of Public Comments and Final AQP Advanced Qualification Program Rule ARC Aviation Rulemaking Committee 14 CFR Parts 61, 91, 121, and 135 A. General ATP Airline Transport Pilot B. Applicability ATP–CTP Airline Transport Pilot C. Effective Date and Compliance Date [Docket No.: FAA–2014–0504; Amdt. Nos.: Certification Training Program 61–144; 91–356; 121–382; and 135–142] D. Operations Familiarization (§ 121.435) E. PIC Leadership and Command Training CFR Code of Federal Regulations RIN 2120–AJ87 1. General CRM Crew Resource Management 2. Distance Instruction FFS Full Flight Simulator Pilot Professional Development F. PIC Mentoring Training FSTD Flight Simulation Training Device G. SIC to PIC Upgrade (§§ 121.420 and FTD Flight Training Device AGENCY: Federal Aviation 121.426) InFO Information for Operators Administration (FAA), DOT. 1. Performance-Based Curriculum LOFT Line-Oriented Flight Training ACTION: Final rule. 2. Revised Upgrade Curriculum MLP ARC Flight Crewmember Mentoring, Requirements Leadership, and Professional Development SUMMARY: This action amends the 3. Upgrade Proficiency Check Aviation Rulemaking Committee requirements primarily applicable to air Requirements NPRM Notice of Proposed Rulemaking carriers conducting domestic, flag, and 4. Effect of Revised Upgrade Curriculum on Recurrent Training OF Operations Familiarization supplemental operations to enhance the PIC Pilot in Command professional development of pilots in H. Training for Pilots Currently Serving as PIC (§ 121.429) PDSC Professional Development Steering those operations. This action requires I. Recurrent PIC Leadership and Command Committee air carriers conducting domestic, flag, and Mentoring Training (§§ 121.409(b) PPDC Pilot Professional Development and supplemental operations to provide and 121.427) Committee new-hire pilots with an opportunity to J. Leadership and Command Training and SAFO Safety Alert for Operators observe flight operations and become Mentoring Training for SICs Serving in SIC Second in Command familiar with procedures before serving Operations That Require Three or More SOP Standard Operating Procedures Pilots as a flightcrew member in operations; to THRR ARC Flightcrew Member Training K. Pilot Professional Development revise the upgrade curriculum; and to Committee (Proposed § 121.17) Hours Requirement Review Aviation provide leadership and command and L. Pilot Recurrent Ground Training Content Rulemaking Committee mentoring training for all pilots in and Programmed Hours (§ 121.427) 91K Part 91, subpart K of 14 CFR. command. This final rule will mitigate M. Part 135 Operators and Part 91 Subpart I. Executive Summary incidents of unprofessional pilot K Program Managers Complying With behavior and reduce pilot errors that Part 121, Subparts N and O On October 7, 2016, the Federal can lead to a catastrophic event. N. Flight Simulation Training Device (FSTD) Conforming Changes Aviation Administration (FAA) DATES: Effective April 27, 2020. The O. SIC Training and Checking Conforming published a notice of proposed compliance date for the requirements in Changes rulemaking (NPRM) to propose §§ 91.1063(b)(2), 121.419(c) and (g), P. Other Conforming and Miscellaneous amendments to requirements for air 121.420, 121.424(b) and (g), 121.426, Changes carriers and pilots operating under part 121.435, and 135.3(d)(1) is April 27, Q. Costs and Benefits 121 to enhance the professional 2022. The compliance date for the R. Other Out-of-Scope Comments development of part 121 pilots.1 The requirements in § 121.429 is April 27, V. Regulatory Notices and Analyses proposed amendments included 2023. A. Regulatory Evaluation B. Regulatory Flexibility Determination additional air carrier training for pilots ADDRESSES: For information on where to C. International Trade Impact Assessment in command (PIC), additional air carrier obtain copies of rulemaking documents D. Unfunded Mandates Assessment qualification for newly hired pilots, and and other information related to this E. Paperwork Reduction Act a requirement for air carriers to establish final rule, see ‘‘How To Obtain F. International Compatibility and and maintain a pilot professional Additional Information’’ in the Cooperation development committee to develop, G. Environmental Analysis SUPPLEMENTARY INFORMATION administer, and oversee formal pilot section of VI. Executive Order Determinations this document. mentoring programs. The comment A. Executive Order 13132, Federalism period for the NPRM closed on January FOR FURTHER INFORMATION CONTACT: B. Executive Order 13211, Regulations Sheri Pippin, Air Transportation That Significantly Affect Energy Supply, 5, 2017, and the FAA received 44 Division (AFS–200), Flight Standards Distribution, or Use unique comments. Only two of the Service, Federal Aviation C. Executive Order 13609, Promoting comments opposed the rule, and 22 Administration, 800 Independence International Regulatory Cooperation comments supported the rule without D. Executive Order 13771, Reducing Avenue SW, Washington, DC 20591; change. Twelve comments supported Regulation and Controlling Regulatory the rule generally but suggested telephone: (202) 267–8166; email: Costs [email protected]. changes. After review of the comments, VII. How To Obtain Additional Information the FAA is issuing this final rule, which SUPPLEMENTARY INFORMATION: A. Rulemaking Documents B. Comments Submitted to the Docket contains a number of changes from the Contents C. Small Business Regulatory Enforcement NPRM, to enhance the professional I. Executive Summary Fairness Act development of part 121 pilots. Table 1, II. Authority for This Rulemaking Summary of Final Rule Provisions, List of Abbreviations and Acronyms provides additional detail regarding the III. Background Frequently Used in This Document A. Statement of the Problem final rule provisions incorporated into B. Related FAA Actions AC Advisory Circular part 121.

1 81 FR 69908.

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TABLE 1—SUMMARY OF FINAL RULE PROVISIONS

Provision Summary of NPRM provision Major changes from NPRM

Operations familiarization for new-hire • Operations familiarization must include a min- • Adds requirement that operations familiarization pilots (§ 121.435). imum of 2 operating cycles. A new-hire pilot may be completed during or after basic indoc- completing operations familiarization must oc- trination training, but must be completed before cupy the flight deck observer seat. beginning operating experience. Upgrade training curriculum require- • Upgrade ground and flight training requirements • No changes. ments (§§ 121.420 and 121.426). have been updated based on the qualification and experience that all upgrading pilots now have as a result of the Pilot Certification and Qualification Requirements for Air Carrier Oper- ations rule requirements. • Leadership and command and mentoring train- ing must be included in the upgrade curriculum. Leadership and command and mentoring train- ing are required subjects for upgrade ground training. Leadership and command training must also be incorporated into flight training through scenario-based training. (Note: For those air carriers that use an initial curriculum to qualify pilots to serve as PICs, leadership and com- mand and mentoring training must be provided as part of that initial curriculum (§§ 121.419 and 121.424)). Leadership and command and men- toring ground training for pilots currently serving as PIC (§ 121.429). • All pilots currently serving as PIC must complete • Adds limitation that the FAA will only allow cred- ground training on leadership and command it for previous training completed within 36 cal- and mentoring. endar months prior to the effective date of the • The Administrator may credit previous training final rule. completed by the pilot at that air carrier. Recurrent PIC leadership and com- • PICs must complete recurrent leadership and • No changes. mand and mentoring training command and mentoring ground training every (§§ 121.409(b) and 121.427). 36 months. • Recurrent Line-Oriented Flight Training (LOFT) must provide an opportunity for PICs to dem- onstrate leadership and command. Leadership and command training for • SICs required to be fully qualified to act as PIC, • Adds requirement for these SICs to complete SICs serving in an operation that re- due to serving in an operation that requires 3 or leadership and command training. (These SICs quires 3 or more pilots (§ 121.432). more pilots, are not required to complete leader- are not required to complete mentoring training). ship and command and mentoring training. Pilot recurrent ground training content • Pilot recurrent ground training has been aligned • No changes. and programmed hours (§ 121.427). with the pilot initial ground training requirements for pilots who have completed the Airline Trans- port Pilot Certification Training Program (ATP– CTP). As a result, the existing content and cor- responding programmed hours for recurrent ground training have been reduced. Part 135 Operators and Part 91 Sub- • Part 135 operators and part 91 subpart K (91K) • Adds exception for part 135 operators and part part K Program Managers Com- program managers complying with part 121 sub- 91K program managers, that choose to comply plying with Part 121, Subparts N parts N and O would continue to use the exist- with part 121 subparts N and O, are not re- and O (§§ 91.1063 and 135.3). ing upgrade curriculum requirements and the quired to comply with the operations familiariza- proposed leadership and command and men- tion required in § 121.435. toring training would only apply to PICs serving in operations that use two or more pilots. Flight Simulation Training Device • Part 121, subparts N and O and appendices E, No changes. (FSTD) Conforming Changes (Part F, and H are updated as follows: 121, subparts N and O and appen- (1) Reflect the terminology currently used to iden- dices E, F, and H). tify FSTDs approved for use in part 121 training programs; (2) Remove references to simulation technology that no longer exists; and (3) Remove requirement for FAA certification of training and remove pilot experience pre- requisites for using a Level C full flight simulator (FFS) to reflect advances in current FSTD tech- nology.

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TABLE 1—SUMMARY OF FINAL RULE PROVISIONS—Continued

Provision Summary of NPRM provision Major changes from NPRM

SIC Training and Checking Con- • Part 121 appendices E and F are updated to • No changes. forming Changes (Part 121 appen- align with the current 14 CFR 61.71 require- dices E and F). ments for SICs to obtain a type rating in a part 121 training program. Initial, conversion, and transition SIC training and checking must in- clude the few training and checking maneuvers and procedures formerly designated in appen- dices E and F as PIC-only. Pilot professional development com- • Air carriers must establish and maintain a PPDC • Not adopted in the final rule. mittee (PPDC) (§ 121.17). to develop, administer, and oversee formal pilot mentoring programs. The PPDC must consist of at least one management representative and one pilot representative. The PPDC must meet on a regular basis. The frequency of such meet- ings would be determined by the air carrier, but must occur at least annually. Other Conforming and Miscellaneous • Pilot transition ground training has been aligned • No changes. Changes. with the pilot initial ground training for pilots who have completed the ATP–CTP. • The term used to identify the training provided to flight engineers qualifying as SICs on the same airplane type has been changed from ‘‘upgrade’’ to ‘‘conversion’’. • Conversion ground training for flight engineers who have completed the ATP–CTP has been aligned with the pilot initial ground training for pilots who have completed the ATP–CTP. • Part 121 appendices E and F and § 121.434 are amended to allow for pictorial means for the training and checking of preflight visual inspec- tions of the exterior and interior of the airplane.

The cost of the rule is attributed to is $90.0 million over a 10-year period. million over a 10-year period. When training requirements that will reduce When discounted using a 7-percent discounted using a 7-percent discount the risk of unprofessional pilot behavior discount rate, the rule is estimated to rate, the rule will result in savings of and help avoid situations that can lead result in costs of $62.2 million over the $61.2 million over the same period. The to a catastrophic event. The estimated same period. The rule will also generate total cost and cost savings are shown in cost of the rule to the impacted entities cost savings to operators of $95.5 the table below.

TABLE 2—COMPARISON OF COSTS AND COST SAVINGS [Millions of 2016 dollars]

Present Annualized Present Annualized value at 7% at 7% value at 3% at 3%

Total Costs ...... $62.17 $8.29 $76.25 $8.24 Total Cost Savings ...... 61.22 8.16 78.32 8.46 Net Costs ...... 0.94 0.13 ¥2.07 ¥0.22

II. Authority for This Rulemaking FAA to convene an aviation rulemaking III. Background committee (ARC) and conduct a A. Statement of the Problem The FAA’s authority to issue rules on rulemaking proceeding based on the aviation safety is found in Title 49 of the ARC’s recommendations pertaining to As recognized by the National United States Code. Subtitle I, section mentoring, professional development, Transportation Safety Board (NTSB), the 106 describes the authority of the FAA and leadership and command training overall safety and reliability of the Administrator. Subtitle VII, Aviation national airspace system demonstrates Programs, describes in more detail the for pilots serving in part 121 operations. Section 206 further required that the that most pilots conduct operations with scope of the FAA’s authority. This a high degree of professionalism.2 rulemaking is promulgated under the FAA include in leadership and general authority described in 49 U.S.C. command training instruction on compliance with flightcrew member 2 See Crash of Pinnacle Airlines Flight 3701, 106(f) and 44701(a) and the specific Bombardier CL–600–2B19, N8396A, Jefferson City, authority found in section 206 of Public duties under 14 CFR 121.542 (sterile Missouri, October 14, 2004, Aircraft Accident Law 111–216, the Airline Safety and flight deck rule). Report NTSB/AAR–07/01 (Washington, DC: NTSB, 2007) (hereinafter ‘‘Aircraft Accident Report NTSB/ Federal Aviation Administration AAR–07/01’’) available at https://www.ntsb.gov/ Extension Act of 2010 (Aug. 1, 2010) (49 investigations/AccidentReports/Pages/ U.S.C. 44701 note), which directed the AAR0701.aspx.

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Nevertheless, a problem still exists in manner; and (3) the pilots’ improper not contain significant content the aviation industry with some pilots management of the double engine applicable to developing leadership acting unprofessionally and not failure checklist. skills, management oversight, and adhering to standard operating The NTSB noted that at the time of command authority. The NTSB procedures (‘‘SOP’’), including the the accident, Pinnacle Airlines provided concluded that specific leadership sterile flight deck rule.3 The NTSB has 2 hours of leadership training during training for pilots upgrading to PIC continued to cite inadequate leadership second in command (SIC) to pilot in would help standardize and reinforce in the flight deck, pilots’ unprofessional command (PIC) upgrade training with the critical command authority skills behavior, and pilots’ failure to comply topics covering leadership authority, needed by a PIC during air carrier with the sterile flight deck rule as responsibility, and leadership styles. operations. factors in multiple accidents and The NTSB also noted that after the The Airline Safety and Federal incidents, including Pinnacle Airlines accident and as a result of a high initial Aviation Administration Extension Act flight 3701 and Colgan Air,4 Inc., flight failure rate for pilots upgrading to PIC of 2010 (Pub. L. 111–216), enacted 3407.5 (22% failure rate in July 2004), Pinnacle August 1, 2010, includes a number of On October 14, 2004, a Pinnacle revised the leadership training to 8 requirements to convene advisory Airlines Bombardier CL–600–2B19, hours with modules on leadership, groups and conduct rulemakings related operating as Northwest Airlink flight authority, and responsibility; briefing to the results of the NTSB investigation 3701, crashed into a residential area and debriefing scenarios; decision- of the Colgan Air accident. Section 206 about 2.5 miles from the Jefferson City making processes, including those directs the FAA to convene an ARC to Memorial Airport, Jefferson City, during an emergency; dry run line- develop procedures for each part 121 air Missouri. During the flight, both engines oriented flight training scenarios; and carrier pertaining to mentoring, flamed out after a pilot-induced risk management and resource professional development, and aerodynamic stall and were unable to be utilization. In October 2006, Pinnacle leadership and command training for restarted. Both pilots were killed, and reported to the NTSB that the pass rate pilots serving in part 121 operations and the airplane was destroyed. The NTSB for pilots upgrading to PIC had to issue an NPRM and final rule based determined the probable causes of this improved to 92% first attempt and 95% on the ARC recommendations. accident were (1) the pilots’ overall. In accordance with sections 204, 206, unprofessional behavior, deviation from On the evening of February 12, 2009, and 209 of Public Law 111–216, the SOP, and poor airmanship, which a Colgan Air, Inc., Bombardier DHC–8– FAA chartered the Air Carrier Safety resulted in an in-flight emergency from 400, operating as Continental and Pilot Training (ACSPT) ARC, the which the pilots were unable to recover, Connection flight 3407, was on Flight Crewmember Mentoring, in part because of their inadequate approach to Buffalo-Niagara Leadership, and Professional training; (2) the pilots’ failure to prepare International Airport, Buffalo, New Development (MLP) ARC and the for an emergency landing in a timely York, when it crashed into a residence Flightcrew Member Training Hours in Clarence Center, New York, about Requirement Review (THRR) ARC, 3 See Loss of Control on Approach, Colgan Air, five nautical miles northeast of the respectively, in September 2010. The Inc., Operating as Continental Connection Flight airport. The two pilots, two flight MLP ARC provided recommendations 3407, Bombardier DHC–8–400, N200WQ, Clarence attendants, all 45 passengers aboard the in November 2010. At the same time as Center, New York, February 12, 2009, Aircraft Accident Report NTSB/AAR–10/01 (Washington, airplane, and one person on the ground the MLP ARC worked to develop its DC: NTSB, 2010) (hereinafter ‘‘Aircraft Accident were killed, and the airplane was recommendations, a number of related Report NTSB/AAR–10/01’’) available at https:// destroyed by impact forces and a post- rulemakings required by Public Law www.ntsb.gov/investigations/AccidentReports/ crash fire. The NTSB determined that 111–216 were already underway, Pages/AAR1001.aspx. 4 Some contributing factors to this accident were the probable cause of this accident was including the Pilot Certification and also mitigated by the following rules: Flightcrew the PIC’s inappropriate response to the Qualification Requirements for Air Member Duty and Rest Requirements (77 FR 330, stall warning which eventually led to a Carrier Operations rulemaking and the January 4, 2012, RIN 2120–AJ58) with a 0.5 stall from which the airplane did not Qualification, Service, and Use of effective mitigation; Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (78 FR recover. Contributing to the accident Crewmembers and Aircraft Dispatchers 67800, November 12, 2013, RIN 2120–AJ00) with a were (1) the pilots’ failure to monitor rulemaking. 0.2 effective mitigation; Pilot Certification and airspeed; (2) the pilots’ failure to adhere This final rule is the culmination of Qualification Requirements for Air Carrier to sterile flight deck procedures; (3) the the FAA’s analysis of (1) the rulemaking Operations (78 FR 42324, July 15, 2013, RIN 2120– AJ67) with a 0.2 effective mitigation; and Safety PIC’s failure to effectively manage the requirements of section 206 of Public Management Systems for Domestic, Flag, and flight; and (4) Colgan Air’s inadequate Law 111–216; (2) the recommendations Supplemental Operations Certificate Holders (80 FR procedures for airspeed selection and provided by the MLP ARC, the THRR 1307, January 8, 2015, RIN 2120–AJ86) with a 0.05 management during approaches in icing ARC, and the ACSPT ARC; (3) the part effective mitigation. 5 More recently, on October 27, 2016 Eastern conditions. 121 pilot qualification and experience Airlines flight 3452, a Boeing 737–700, ran off The NTSB noted that at the time of requirements provided in the Pilot runway 22 during the landing roll at LaGuardia the accident the Colgan Air crew Certification and Qualification Airport, Flushing, Queens, New York. The NTSB resource management (CRM) training Requirements for Air Carrier Operations determined the probable cause of this incident was was consistent with Advisory Circular 6 the SIC’s failure to attain the proper touchdown final rule (78 FR 42324, July 15, 2013); point and the flight crew’s failure to call for a go- (AC) 120–51E, Crew Resource (4) the Qualification, Service, and Use of around, which resulted in the airplane landing Management Training and addressed Crewmembers and Aircraft Dispatchers more than halfway down the runway. Contributing command, leadership and leadership final rule (78 FR 67800, November 12, to the incident was the PIC’s lack of command styles, communication, and decision- 7 authority. See the NTSB Aviation Incident Final 2013); (5) the current part 121 PIC role Report, Incident Number DCA17IA020, available at making. The NTSB also noted that the and responsibilities; and (6) the https://www.ntsb.gov/investigations/Pages/2016_ Colgan Air SIC to PIC upgrade training comments received in response to the _ queens ny.aspx. While this incident does not form included a one-day course on NPRM. This final rule furthers the a basis for the issuance of this rule, it illustrates that leadership and command training remains an leadership; however, the training important component of an effective pilot training focused on the administrative duties 6 RIN 2120–AJ67. program. associated with becoming a PIC and did 7 RIN 2120–AJ00.

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FAA’s safety mission, satisfies the monitoring duties and integration of The FAA recognizes the need to requirement for rulemaking in section pilot monitoring duties into SOP. continue to review air carrier training 206 of Public Law 111–216, and In response to NTSB Safety and qualification regulations, policies, accounts for the recent changes to pilot Recommendation A–06–7, the FAA and guidance to ensure they are current certification and qualifications to serve issued Safety Alert for Operators and relevant and address new as a PIC in part 121 operations. The (SAFO) 06004 on April 28, 2006, to technology and research. Therefore, in FAA has determined that this final rule emphasize the importance of sterile January 2014, the FAA chartered the Air can be effectively implemented by air flight deck discipline and fatigue Carrier Training ARC to provide a forum carriers and will reduce the risk of countermeasures, especially during for the U.S. aviation community to unprofessional pilot behavior and help approach and landing.11 continue to discuss, prioritize, and avoid situations that can lead to a On July 3, 2007, the FAA issued provide recommendations to the FAA catastrophic event.8 Safety Alert for Operators (SAFO) concerning air carrier training. B. Related FAA Actions 07006, to address procedural intentional C. National Transportation Safety Board non-compliance (PINC) because Recommendations To promote pilot professionalism and multiple accidents revealed pilots not This final rule addresses the following standardization, the FAA has taken a adhering to established procedures and number of actions through rulemakings NTSB recommendations from Aircraft airplane limitations when conducting Accident Report NTSB/AAR–07/01 and and guidance. The FAA first issued the positioning flights.12 sterile flight deck rule (§ 121.542) to Aircraft Accident Report NTSB/AAR– On April 26, 2010, the FAA issued 10/01 for air carriers operating under prohibit the performance of Information for Operators (InFO) 10003, nonessential duties by flightcrew part 121: to address flight deck distractions • A–07–6: Require regional air members during critical phases of flight, because recent incidents and accidents carriers operating under 14 CFR part including all ground operations revealed pilots using laptop computers 121 to provide specific guidance on involving taxi, take-off and landing, and and mobile telephones for personal expectations for professional conduct to other flight operations conducted below activities unrelated to the duties and pilots who operate nonrevenue flights. 10,000 feet, except cruise flight (46 FR responsibilities required for conduct of • A–10–13: Issue an advisory circular 5500, January 19, 1981). On February a safe flight.13 with guidance on leadership training for 12, 2014, the FAA amended the sterile To address the significance of human upgrading captains at 14 CFR part 121, flight deck rule to prohibit flightcrew performance factors such as 135, and 91K operators, including members from using a personal wireless communication, decision-making, and methods and techniques for effective communications device or laptop leadership, the FAA issued the Air leadership; professional standards of computer for personal use while at their Carrier and Commercial Operator conduct; strategies for briefing and duty station while the aircraft is being Training Programs final rule requiring debriefing; reinforcement and correction operated (Prohibition on Personal Use of crew resource management (CRM) skills; and other knowledge, skills, and Electronic Devices on the Flight Deck training for flightcrew members and abilities that are critical for air carrier final rule, 79 FR 8257).9 flight attendants as well as dispatcher operations.16 • On January 10, 2017, the FAA issued resource management (DRM) training A–10–14: Require all 14 CFR part revised AC 120–71B, Standard for aircraft dispatchers (60 FR 65940, 121, 135, and 91K operators to provide Operating Procedures and Pilot December 20, 1995).14 The FAA also a specific course on leadership training Monitoring Duties for Flight Deck published AC 120–51B Crew Resource to their upgrading captains that is Crewmembers, which stresses that Management Training and AC 121–32 consistent with the advisory circular safety in commercial operations Dispatch Resource Management requested in Safety Recommendation depends on good crew performance Training to provide guidance on A–10–13. founded on clear, comprehensive, and establishing CRM and DRM training readily available SOP.10 The AC IV. Discussion of Public Comments and under the broad requirement established Final Rule provides guidance for the design, by the final rule. The current version, development, implementation, AC 120–51E,15 stresses that CRM A. General evaluation, and updating of SOP, as training should focus on the functioning Airbus, the Air Line Pilots well as guidance for training of pilot of crewmembers as teams and should Association (ALPA), NetJets Aviation include all operational personnel. (NetJets), and 16 individuals generally 8 The FAA notes that section 206 of Public Law During the time since publication of the agreed with the proposal. Airlines for 111–216 references both ‘‘flight crewmembers’’ and ‘‘pilots.’’ Section 201 of Public Law 111–216 states, CRM final rule, the agency has revised America (A4A) generally supported the ‘‘The term ‘flight crewmember’ has the meaning AC 120–51 three times to address proposal but provided comments on and given the term ‘flightcrew member’ in part 1 of title evolving research and concepts of CRM. suggested changes to specific 14, Code of Federal Regulations.’’ Part 1 defines provisions, which are discussed in more ‘‘flightcrew member’’ as ‘‘a pilot, flight engineer, or 11 _ _ flight navigator assigned to duty in an aircraft http://www.faa.gov/other visit/aviation detail in the section-by-section analysis _ _ _ during flight time.’’ However, because section 206 industry/airline operators/airline safety/safo/all below. The International Air Transport uses the terms ‘‘flight crewmember’’ and ‘‘pilot’’ safos/media/2006/safo06004.pdf. Association generally agreed with the 12 interchangeably, the FAA assumes that Congress Positioning flights include nonrevenue flights, comments submitted by A4A except for intended the rulemaking requirements of this flights to pick up passengers, and ferry flights for section to apply to pilots only. Further, because no maintenance. See http://www.faa.gov/other_visit/ the comments related to training of SICs accidents have been attributed to flight engineer aviation_industry/airline_operators/airline_safety/ serving in augmented operations, stating performance and the FAA has not identified any safo/all_safos/media/2007/SAFO07006.pdf. that A4A’s position is inconsistent with 13 _ _ issues related to flight engineer training or http://www.faa.gov/other visit/aviation existing European requirements. professionalism, this final rule applies to pilots industry/airline_operators/airline_safety/info/all_ only. infos/media/2010/info10003.pdf. The NTSB largely concurred with the 9 RIN 2120–AJ17. 14 RIN 2120–AC79. overall intent of the proposal. However, 10 http://www.faa.gov/regulations_policies/ 15 http://www.faa.gov/regulations_policies/ advisory_circulars/index.cfm/go/ advisory_circulars/index.cfm/go/ 16 ‘‘Captain’’ is an industry term that refers to the document.information/documentID/1030486. document.information/documentID/22879. PIC.

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the NTSB noted that neither the re-direct its efforts toward developing An individual commenter did not proposed rule nor the draft AC guidance for inclusion within existing agree that air carriers should have to Leadership and Command Training for AQPs and other approved programs. train crewmembers on professionalism Pilots in Command addresses the As described in the NPRM, the and safety because this individual content or intent of NTSB Safety proposal was responsive to a statutory believed these skills should be taught Recommendation A–10–15, which requirement for the FAA to convene an before the pilot applies for an air carrier. recommended the development and ARC to develop procedures for air Another individual did not agree that distribution of multimedia guidance carriers pertaining to pilot mentoring, pilots need to be trained on how to be materials.17 professional development, and more professional. One individual At this time, the FAA is not leadership and command training and identified as a college student opined developing and distributing new to issue an NPRM and final rule based that this proposal could be seen as an multimedia guidance materials on on those recommendations. Therefore, unnecessary mandate in an already professionalism in aircraft operations. Jet Blue’s recommendation would not be extensive training curriculum. In As explained in the NPRM, a consistent with the statutory contrast, an individual identified as an prerequisite eligibility requirement for requirement. However, the FAA associate college professor stated that an airline transport pilot (ATP) proposed to allow credit toward all or the proposal could be successful in certificate is the completion of an airline part of the requirements for leadership inculcating and reinforcing the highest transport pilot certification training and command and mentoring training standards of technical performance, program (ATP–CTP). The ATP–CTP previously completed by a PIC at that airmanship, and professionalism. provides foundational knowledge in air carrier. The FAA is maintaining this Another individual wrote that the many subject areas, including allowance, with modification, in the proposal would result in safety benefits professionalism. In addition to the draft final rule. Since each air carrier’s and address the NTSB ACs published in the docket, the FAA training program is unique, the FAA recommendations and statutory previously published AC 61–138 Airline will evaluate each specific request for requirement for rulemaking. Transport Pilot Certification Training credit, including the supporting As described in the NPRM, most Program. These ACs all contain documentation, to determine if the pilots conduct operations with a high references to other useful documents for previously provided training meets the degree of professionalism. However, the the development of training. intent of some or all of the leadership NTSB has continued to cite inadequate Additionally, the FAA posted these ACs and command and mentoring training. leadership in the flight deck, pilots’ for public comment and considered The Aviation Accreditation Board unprofessional behavior, and pilots’ those comments before final International (AABI) recommended that failure to comply with the sterile flight publication. Therefore, the FAA the FAA reconsider adopting the MLP deck rule as factors in multiple believes the intent of NTSB ARC recommendation for including accidents and incidents. The FAA recommendation A–10–15 has been met professionalism and mentoring as concurs with the NTSB and that sufficient resources are already required subjects for new-hire pilot recommendation to require leadership available for training on these topics. indoctrination training. A4A and training for air carrier pilots and has The FAA has removed NTSB American Airlines (American) agreed concluded that the proposed training is recommendation A–10–15 from that amendments to basic indoctrination warranted. With regard to a comment preamble section III.C. discussing the training are not needed and are that the proposal should be focused on NTSB recommendations. appropriately addressed by recent interpersonal skills and attitude Jet Blue Airways (Jet Blue) regulatory changes. management training, the FAA notes commented that there is great value in ALPA stated that guidance should that the AC PIC Leadership and promoting leadership, command, and exist ensuring new hire training Command Training and AC 120–51 mentoring training for all air carrier includes exposure to the operations of Crew Resource Management Training pilots. However, Jet Blue stated that the other airline departments such as address these topics. proposal failed to recognize other dispatch, maintenance, and scheduling. One individual commented that there qualitative advancements such as the ALPA stated that for leadership and should be a shorter version of training Advanced Qualification Program (AQP), command training to be effective in the for senior pilots and that pilots from this the utilization of advanced simulation flight deck, new-hires must receive pool can be chosen to help conduct the opportunities, and alternative vehicles training on their role in the context of additional training. The FAA does not to obtain command and leadership the leadership and command training agree that there should be a shorter knowledge through operational that PICs receive. version of the training for senior pilots. The FAA is not making any experience. Jet Blue strongly As discussed further below, the FAA amendments to basic indoctrination recommended that rather than directing will allow credit toward all or part of training. As explained in the NPRM, additional resources toward the requirements for initial leadership ATP applicants must complete an ATP– implementing regulations that duplicate and command and mentoring training CTP, which provides the foundational existing programs and efforts, the FAA previously completed by a PIC at that knowledge in several subject areas air carrier. In general, this credit will 17 NTSB Recommendation A–10–15: Develop and including leadership and command and allow more senior pilots to more quickly distribute to all pilots, multimedia guidance professional development. The meet new initial training requirements. materials on professionalism in aircraft operations recommendation that new-hire training that contain standards of performance for should include exposure to the B. Applicability professionalism; best practices for sterile cockpit adherence; techniques for assessing and correcting operations of other airline departments In the NPRM, the FAA stated that the pilot deviations; examples and scenarios; and a such as dispatch, maintenance, and proposal would affect certificate holders detailed review of accidents involving breakdowns scheduling is outside the scope of this that train and qualify pilots in in sterile cockpit and other procedures, including rulemaking. The FAA expects each accordance with part 121, including air the Colgan Air, Inc. flight 3407 accident. Obtain the input of operators and air carrier and general individual air carrier will determine if carriers that train and qualify pilots in aviation pilot groups in the development and exposure to other airline departments is accordance with the provisions of distribution of these guidance materials. beneficial to its operation. current subparts N and O or under an

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AQP in accordance with subpart Y of ground training for current PICs. As requirements to meet the learning part 121. Additionally, the FAA indicated by commenters, there are objectives through another means. explained that the proposal affects some several thousand PICs who must A4A, AABI, American, Jet Blue, the certificate holders conducting part 135 complete the training by the compliance NTSB, one individual identified as an commuter operations 18 and part 91K date. Additionally, the FAA associate college professor, and several program managers or part 135 operators understands that carriers are in various individuals identified as college authorized to voluntarily comply with stages of compliance with training all students or pilots agreed with the subparts N and O of part 121. pilots in accordance with the enhanced proposed OF. The individuals believed The NTSB commented that the FAA pilot training requirements of the the OF would provide benefits such as should consider expanding the scope to Qualification, Service, and Use of allowing new-hires to observe SOP and include additional part 135 and 91K Crewmembers and Aircraft Dispatchers real life situations. A4A, American, and Jet Blue agreed operators. An individual identified as a final rule. private pilot suggested the proposal with a minimum of two cycles. would be more relevant to smaller The FAA agrees that extending the However, the NTSB believed the carriers, particularly part 135 carriers. compliance date by 12 months will minimum number of operating cycles The recommendation to include provide sufficient time for carriers to should be increased to provide the new- additional part 135 operators and 91K develop the training, have the training hire pilot with an increased opportunity program managers would exceed the approved by the FAA, train the to observe different operational events scope of this rulemaking. Therefore, instructors, and then complete training and crew interactions. applicability of the final rule is as of all the current PICs. Further, a 36- A4A, American, and Jet Blue agreed proposed. month timeframe is consistent with the that that the OF can be performed in any recurrent training frequency for these aircraft because the processes on all C. Effective Date and Compliance Date topics. fleet types are similar. However, ALPA In the NPRM the FAA proposed an The compliance date for the other stated that OF should be required in the effective date of 60 days after proposals pertaining to operations aircraft type the new-hire will be publication of a final rule in the Federal scheduled to fly to enhance the benefits familiarization, leadership and Register. However, the FAA proposed a of the experience. delayed compliance date of 24 months command training, mentoring training, The NTSB believed some after the effective date for the proposals and the revised upgrade curriculum consideration should be given to the pertaining to operations familiarization, remains 24 months after the effective minimum experience of the crew being leadership and command training, date. The effective date remains 60 days observed to provide increased value of mentoring training, the revised upgrade after publication in the Federal the observational opportunity to new- curriculum, and the Pilot Professional Register. hire pilots. Development Committee. D. Operations Familiarization As explained in the NPRM, the A4A and American recommended a (§ 121.435) objective of OF is to provide the pilot delayed compliance date of 36 months, an introduction to an air carrier’s and UPS Airlines (UPS) recommended a The FAA proposed to require newly operations and company procedures. delayed compliance date of 48 months hired pilots to complete operations Therefore, the FAA expects that this after the effective date for the leadership familiarization (OF) before beginning objective can be met with a minimum of and command and mentoring training operating experience and serving as a two operating cycles on any airplane for current PICs proposed in § 121.429. pilot in part 121 operations for the air type operated by the air carrier in part A4A and American stated that training carrier. A newly hired pilot is a person 121 operations. The FAA also trusts that modules will need to be developed and who has no previous experience with the objective of OF can be met by approved, instructors trained, and the air carrier.19 The FAA proposed that observation of any crew at that air committees formed within the proposed the OF must include at least two carrier because all crews conducting 24-month timeframe. UPS stated that it operating cycles 20 during part 121 line operations must have satisfactorily would require 24 months for training operations conducted by the air carrier met the training and qualification modules to be developed and approved. while the newly hired pilot occupies the standards at that air carrier. The FAA A4A and UPS noted that there may be flight deck observer seat and uses a also expects that all air carrier crews several thousand PICs who will require headset to listen to the communications follow the air carrier’s SOP and conduct training, which can be completed only between the required flightcrew operations professionally regardless of after courseware is approved and the members and air traffic control. The whether or not they are being observed. trainers trained. American stated that it FAA proposed that the OF may occur in Additionally, as explained in the will have over six thousand pilots who any airplane type operated by the air NPRM, the FAA has determined this must complete training. UPS also carrier in part 121 operations. In final rule will mitigate unprofessional identified other recently mandated recognition that certain airplanes used pilot behavior. training requirements (e.g., upset in part 121 operations do not have an AABI recommended that proposed recovery) under development in part observer seat in the flight deck, the FAA § 121.432 specify that the OF should 121 operations. proposed a process for an air carrier to occur during or after basic The FAA concurs with the request a deviation from the OF indoctrination training and before recommendation to extend the operating experience. Jet Blue requested compliance date to 36 months for the clarification in the final rule that OF can 19 The FAA clarifies that a person completing leadership and command and mentoring conversion training after serving as a flight engineer occur at any time prior to for the air carrier is not a ‘‘newly hired pilot.’’ This commencement of operating experience 18 In accordance with 14 CFR 135.3, a certificate person is completing training to serve in a new to include any point before or after holder that conducts commuter operations under flightcrew member duty position but is not ‘‘newly aircraft qualification is obtained. part 135 with airplanes in which two pilots are hired’’ by the air carrier. required by the type certification rules must comply 20 Section 121.431(b) defines operating cycle as As described in the NPRM, the FAA with subparts N and O of part 121 instead of the ‘‘a complete flight segment consisting of a takeoff, expects OF to be completed during or requirements of subparts E, G, and H of part 135. climb, enroute portion, descent, and a landing.’’ soon after the completion of basic

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indoctrination training. The FAA did the curriculum scope, form, and content included in multiple regulations. not intend that OF could be completed should remain with management as Therefore, the FAA does not agree that by college students or other pilots who approved by the FAA. leadership and command training are not newly hired pilots at that air A4A and American suggested that should be combined with CRM in carrier. The FAA is clarifying the OF leadership and command training for § 121.404. However, the FAA agrees that requirements in a new § 121.435 to pilots upgrading from SIC to PIC should leadership and command and CRM are provide flexibility for OF to be be completed ‘‘on or around the time of closely related and notes that that some completed during or after basic upgrade’’ instead of being required to be carriers may choose to comply with this indoctrination training, but before included in the upgrade curriculum. rule by including robust leadership and beginning operating experience. A4A, American, and UPS noted that command training in their CRM under an AQP there may be a few items curricula. E. PIC Leadership and Command that are accomplished a short time after Ameristar also commented that Training PIC upgrade/assignment in order to proposed §§ 121.419(c), 121.420(a)(3) 1. General review and discuss lessons learned and 121.427(d)(1) should not include during some of the first flights as PIC. references to § 121.542, which addresses In the NPRM, the FAA proposed to As explained in the NPRM, the activities that may interfere with flight require all PICs serving in part 121 purpose of leadership and command crewmember duties. Ameristar believed operations to complete leadership and training is to provide PICs with the the inclusion of § 121.542 implies that command training. Specifically, the leadership and command skills leadership and command are only FAA proposed that this training be necessary to manage the crew (including geared or weighted toward that included during ground and flight flight attendants, if applicable), regulation, lowering the perceived training in the PIC upgrade curriculum communications, workload, and importance of other regulations. The (or the initial curriculum for the limited decision-making in a manner that FAA confirms that leadership and circumstance of a new-hire PIC), as well promotes professionalism and command training is not geared toward as the PIC recurrent curriculum. The adherence to SOP. Therefore, the FAA or weighted toward only § 121.542, and FAA further proposed that all pilots maintains that this training must be the reference to § 121.542 in qualified to serve as PIC prior to the included in the upgrade curriculum §§ 121.419(c)(1), 121.420(b)(1) and compliance date must complete the PIC prior to a pilot serving as a PIC. 121.427(d)(1) results from Public Law upgrade ground training on leadership However, the FAA notes that in 111–216, which specifically directed and command. accordance with part 121 subpart Y, air PIC leadership and command training to The NTSB stated that the proposals carriers using an AQP may submit for include instruction on compliance with for leadership training ‘‘would likely FAA approval an upgrade curriculum § 121.542. satisfy the intent’’ of NTSB that includes an alternative method to AABI recommended that the final rule recommendations A–10–13 and A–10– conduct leadership and command state that facilitation is the preferred 14 as they related to part 121 operations. training that provides an equivalent method for leadership and command The NTSB strongly supported the level of safety. ground training. proposed requirements for leadership Ameristar believed that leadership As described in the draft AC and command training to be included in and command training should only be Leadership and Command Training for PIC upgrade ground and flight training, required during initial PIC and upgrade Pilots in Command published in the as well as the proposed requirement for training. docket, the FAA agrees that an all current PICs to complete leadership As explained in the NPRM, the instructor-led facilitated discussion is and command training and for the purpose of recurrent training is to an important component of leadership training to be included in the recurrent ensure that flightcrew members remain and command ground training. curriculum. The NTSB also strongly competent in the performance of their Therefore, as further explained in the supported the emphasis on scenario- assigned duties. Therefore, the FAA section regarding PIC Leadership and based instruction during ground and maintains that recurrent leadership and Command Training—Distance flight training. command training is necessary to Instruction, the FAA is revising AABI and one individual generally ensure PICs remain competent in the proposed §§ 121.419(c)(1), 121.420(a)(3) agreed with leadership and command performance of their duties. (now, 121.420(b)(1)), and 121.427(d)(1) training for all PICs. One individual Additionally, Public Law 111–216 to specifically require facilitated identified as a college student stated specifically directed that recurrent discussion during leadership and that leadership and command training training for PICs include leadership and command ground training. conducted before future PICs enter the command training. ALPA and the NTSB encouraged real flight crew environment could Ameristar believed CRM and minimum qualification, pilot line result in fewer accidents based on pilot leadership training are closely tied experience, and training requirements decision-making errors. together. Ameristar suggested that rather for the instructors who conduct A4A and American agreed that the than having two or more regulations leadership and command training. proposal for leadership and command added, leadership and command The FAA does not agree that the final training should not be overly training should be combined with CRM rule should include specific training or prescriptive. UPS supported the FAA’s in § 121.404. qualification requirements for position in not requiring the leadership As described in the NPRM, the FAA instructors who conduct leadership and and command training to be separate agrees that leadership and command command training. Air carriers are from the upgrade syllabus. and CRM are related ‘‘soft skills.’’ To required to provide properly qualified Jet Blue strongly recommended that ensure leadership and command ground instructors to conduct the the FAA allow each carrier to develop training is included in ground training training required by part 121 subpart N. leadership and command training and flight training for all appropriate See § 121.401(a)(2). Additionally, air within the existing framework of their curriculums, the structure of part 121 carriers are required to provide approved training programs. Jet Blue subpart N requires leadership and comprehensive training of flight also stated that final determination of command training requirements to be instructors. See § 121.414. Further, in

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accordance with § 121.401(a)(1), air command skills. The FAA will include Pilots in Command published in the carriers are required to have a training suggested training topics in the AC docket, the FAA agrees that an program that ensures each flight Leadership and Command Training for instructor-led facilitated discussion instructor is adequately trained to Pilots in Command, accompanying this including practical decision-making perform the assigned duties. Therefore, final rule. exercises and discussion of positive and the FAA expects that each air carrier negative leadership experiences is an 2. Distance Instruction can best determine the training and important component of leadership and qualifications necessary for its In the NPRM, the FAA did not command ground training. The FAA has instructors to effectively conduct propose placing restrictions on distance determined that a facilitated discussion training under the carrier’s program. instruction as long as the leadership and can be accomplished with existing However, in the associated AC command training objectives could be technology. With current technology, Leadership and Command Training for satisfied. However, the FAA sought there are various systems that can be Pilots in Command accompanying this comment on whether restrictions on used for distance instruction: From final rule, the FAA will include distance instruction are necessary to simple presentations reviewed suggested training topics for instructors ensure the effectiveness of the individually by a student to fully who will conduct leadership and leadership and command components interactive video conferencing with command training. of PIC training. The FAA also sought instructors and students in multiple ALPA stated that for leadership and comment on whether the curriculum in locations. There are several universities command training to be effective in the which leadership and command that have developed the necessary flight deck, new-hires must receive training is required (e.g., PIC initial, technology for students to effectively training on their role in the context of upgrade, recurrent) constitutes a basis complete entire degree programs using the leadership and command training for differentiating any restrictions on distance instruction. However, not all that PICs receive. distance instruction. distance instruction systems would be The FAA does not agree that it is A4A, AABI, American, Jet Blue, and effective in conducting a facilitated necessary to include a specific UPS agreed that there should not be discussion and meet the objectives of requirement for new-hires to receive restrictions on distance instruction. the leadership and command ground training in the context of the leadership A4A, American, Jet Blue, and UPS training. Additionally, as noted by and command training that PICs receive. stated that the types and methods of commenters, technology continues to As explained in the NPRM, a training used by air carriers continue to evolve. Therefore, the FAA does not prerequisite eligibility requirement for evolve with additional software and want to impose unnecessary restrictions an ATP certificate is the completion of hardware improvements. They also on the use of evolving technology which an ATP–CTP. The ATP–CTP provides stated that the evolution in technology could provide enhanced capabilities in foundational knowledge in many coupled with the goals of the specific the future. Thus, the final rule does not subject areas, including leadership and training and the level/type of pilot restrict the use of distance instruction command. Additionally, basic experience at a specific airline will for leadership and command ground indoctrination training is currently dictate the appropriate training format. training. However, to ensure the required to include duties and NetJets concurred that a major portion objectives of the training are met, the responsibilities of crewmembers and of the leadership and command ground FAA is specifically requiring facilitated applicable portions of the carrier’s instruction modules can be discussion during leadership and manual. See § 121.415(a)(1). Therefore, accomplished via distance instruction. command ground training in the FAA has determined the However, NetJets believed that the §§ 121.419(c), 121.420(b), and combination of the ATP–CTP and the decision-making exercises and 121.427(d)(1). basic indoctrination training at the air discussions of positive and negative carrier sufficiently encompasses training learning experiences need to be F. PIC Mentoring Training on leadership and command for new- accomplished in facilitated instructor- In the NPRM, the FAA proposed to hires. led training sessions. require training on mentoring skills for ALPA contended that grading pilots ALPA recommended limiting the all PICs serving in part 121 operations based upon soft skills such as leadership and command ground to establish the mentoring environment leadership and command would pose training administered through distance recommended by the MLP ARC. The issues as pilots and their instructors instruction methods to 50% of the total proposed mentoring training would come from diverse backgrounds and training. ALPA believed that leadership include techniques for instilling and experiences. Therefore, ALPA stated and command training would be far reinforcing the highest standards of that pass/fail grading should not be more effective in a classroom setting technical performance, airmanship, and based solely on leadership and and should have an active, vibrant, professionalism in newly hired pilots. command skills unless clear, hands-on training process with The FAA proposed that this training unambiguous, objective, measurable appropriate role-playing scenarios and would be included in the PIC upgrade standards exist at that airline for those having facilitated group discussions. curriculum (or the initial curriculum for skills. The NTSB believed that because of the limited circumstance of a new-hire The FAA did not propose to evaluate the importance of this training and its PIC) and PIC recurrent ground training. leadership and command skills during a inherently interpersonal topic that the The FAA further proposed that all pilots proficiency check. In accordance with training should only be done in-person qualified to serve as PIC prior to the § 121.401, air carriers are required to through facilitated discussion and compliance date must complete the PIC have a training program that ensures interaction. An individual identified as upgrade ground training on mentoring each PIC is adequately trained to an associate college professor stated that skills to create a comprehensive and perform the assigned duties. The FAA limitations on distance instruction are consistent mentoring environment. expects that air carriers will use their necessary to guarantee the success of the AABI, the NTSB, and one individual current processes to develop the leadership and command training. generally agreed with the mentoring necessary method(s) to ensure that PICs As described in the draft AC training for all PICs. Jet Blue stated it are adequately trained in leadership and Leadership and Command Training for has had a mentoring program for all new

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hire pilots for several years and further playing exercises. However, as further 1. Performance-Based Curriculum believed that all PICs should undergo explained in the section regarding PIC The FAA proposed a performance- formal training in mentoring skills. Leadership and Command Training— based upgrade curriculum. The proposal ALPA encouraged minimum Distance Instruction, the FAA believes removed the requirement to include all qualification, pilot line experience, and that a facilitated discussion can be existing upgrade ground training training required for instructors who accomplished with existing technology. subjects required by § 121.419(a) and conduct mentoring training. Additionally, the FAA does not want to the § 121.424 requirement to include all The FAA does not agree that the final impose unnecessary restrictions on the appendix E maneuvers and procedures rule should include specific training or use of evolving technology which could during upgrade flight training. Instead, qualification requirements for provide enhanced capabilities in the the proposal refocused upgrade ground instructors who will conduct mentoring future. Thus, the final rule does not and flight training to include subjects, training. As discussed earlier, the FAA restrict the use of distance instruction expects that each air carrier can best maneuvers, and procedures specific to for mentoring training. However, to the duties and responsibilities the pilot determine the training and ensure the objectives of the training are qualifications necessary for their ground will have as PIC at that air carrier. met the FAA is specifically requiring instructors to effectively conduct However, consistent with existing facilitated discussion during mentoring training under the carrier’s program. upgrade curriculum requirements, the ground training in §§ 121.419(c), However, in the associated AC Air proposed upgrade flight training 121.420, and 121.427(d)(1). Carrier Pilot Mentoring, the FAA will continued to include rare, but high-risk include suggested training topics for ALPA further suggested including a scenarios. Because the FAA proposed to instructors who conduct mentoring definition of long-term mentoring. remove the requirement to train the training. ALPA also suggested that mentor entire range of § 121.419 subjects and ALPA asserted that for PIC mentoring programs should have clearly defined appendix E maneuvers and procedures training to be effective, new-hires must boundaries, rules, and understandings in upgrade training, the FAA believed also receive training on the role of between the mentor and prote´ge´. that the revised upgrade ground training mentoring and what is expected of As described in the NPRM, the FAA could be completed in less time than the them. did not propose long term mentoring as programmed hours currently identified The FAA does not agree that a recommended by the MLP ARC. in each air carrier’s approved training specific requirement for new-hires to Therefore, the FAA is not including a program, and the upgrade flight training receive training on the role of mentoring definition of long-term mentoring. could be completed within the same or is necessary. As discussed earlier, the less time than currently identified in FAA has determined the combination of G. SIC to PIC Upgrade (§§ 121.420 and each air carrier’s approved training the ATP–CTP and the basic 121.426) program. indoctrination training at the air carrier One individual stated that the In the NPRM, the FAA proposed to sufficiently incorporates any necessary proposed upgrade training will ensure revise upgrade training requirements to training on mentoring for new-hires. technical skills and knowledge are account for the evolution in SIC ALPA stated that pass/fail grading facilitated while concentrating on the qualification and experience should not be based solely on mentoring leadership and decision-making skills requirements. See 81 FR at 69919. The skills unless clear, unambiguous, required for a professional pilot. objective, measurable standards exist at proposed upgrade training would ALPA suggested requiring all the PIC that airline for those skills. ensure technical knowledge and skills As discussed earlier, the FAA expects while focusing on the decision-making upgrade ground and flight training that that air carriers will use their current and leadership skills required of a PIC had been required before the Pilot processes to develop the necessary serving in part 121 operations. Certification rule. ALPA opposed the method(s) to ensure that PICs are FAA approving any reduction in the Ameristar suggested the following text current upgrade flight training adequately trained in mentoring skills. be added: ‘‘completed initial SIC The FAA will include suggested footprints based on the Pilot training and has served as SIC’’ or Certification rule and/or this final rule. training topics in the AC Air Carrier similar language to avoid potential The FAA does not agree that upgrade Pilot Mentoring, accompanying this confusion in proposed § 121.400. final rule. training should include all the ground ALPA recommended limiting the The FAA does not agree with the and flight training that had been mentoring ground training administered suggested revision to the definition of required before the Pilot Certification through distance instruction methods to upgrade training in § 121.400 and is rule. As explained in the NPRM, the 25% of the total training. ALPA stated adopting the language as proposed. A current role served by an SIC in part 121 that PIC mentoring training must use pilot that has only completed initial PIC operations as well as the current SIC group discussion and interactive role- training is not eligible to complete SIC qualification requirements no longer playing scenarios, actual examples of operating experience or serve as an SIC. support the foundation for upgrade effective and ineffective mentoring, and A person cannot serve as an SIC unless training requirements in current subpart the incorporation of CRM. AABI that person has satisfactorily completed N. As further explained in the NPRM, recommended that the final rule should for that type airplane and SIC the FAA has determined that the revised state that facilitation is the preferred crewmember position, approved ground upgrade ground training can be method for mentoring ground training. and flight training, a proficiency check, completed in less time than the As described in the draft AC Air operating experience, and consolidation programmed hours currently identified Carrier Pilot Mentoring published in the of knowledge and skills. See §§ 121.433, in each air carrier’s approved training docket, the FAA agrees that role-playing 121.434, and 121.441. Therefore, as program, and the upgrade flight training exercises are an important component of proposed, a pilot is only eligible for can be completed within the same or mentoring training. The FAA also agrees upgrade training if the pilot has less time than currently identified in that a facilitated discussion is the most qualified and served as an SIC on that each air carrier’s approved training appropriate method to conduct the role- type airplane. program. See 81 FR at 69919.

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ALPA recommended requiring PIC simultaneously applying leadership and 2. Revised Upgrade Curriculum initial and upgrade ground training to command skills. The final rule Requirements include all the requirements in maintains the proposed performance- i. Seat Dependent and Duty Position § 121.419(a) and (b) because that based upgrade curriculum. Among other Maneuvers and Procedures material may have been learned many requirements, upgrade flight training The FAA proposed that the upgrade years earlier. must include sufficient training to The FAA does not agree with the ground and flight training must include ensure the pilot has attained the seat dependent maneuvers and suggested revision to § 121.419(c) to knowledge and skills to proficiently require PIC initial ground training to procedures as well as duty position operate the airplane as a PIC. As include all the requirements in maneuvers and procedures. See 81 FR at explained in the NPRM, the air carrier § 121.419(a) and (b). As explained in the 69920. NPRM, in the Pilot Certification rule, must determine the specific maneuvers Ameristar questioned why seat the FAA recognized that a number of and procedures for each airplane type dependent training would be required the general knowledge elements that are considering its operational factors and for a pilot upgrading from SIC to PIC. included in pilot initial ground training authorizations and identified risks. See Ameristar recommended combining in § 121.419(a)(1) are now addressed by 81 FR at 69919. proposed § 121.420 with proposed the ATP–CTP academic requirements. ALPA suggested requiring additional/ § 121.429 without seat dependent Therefore, in § 121.419(b), the Pilot supplemental facilitated ground school training and duty position procedures Certification rule revised the part 121 and Line-Oriented Flight Training because these items are redundant and initial ground training requirements by (LOFT) for leadership and command unnecessary. Ameristar also stated that proposed § 121.426(a)(1) and (2) are not removing the generic elements for pilots training and mentoring training when a necessary because if a pilot is being who have completed the ATP–CTP. See new hire is hired directly as a PIC or trained as a PIC, the pilot will get seat 81 FR at 69923. The FAA’s position has upgrades to PIC within a new hire not changed; the general knowledge dependent training and duty position probation period. ALPA stated that this elements that are addressed by an ATP– flight training without prescriptive training should place emphasis on the CTP do not need to be repeated by a rules. pilot during initial ground training with culture of the carrier, challenges of The FAA does not agree with these an air carrier. being a new PIC at that carrier while comments. As explained in the NPRM, The FAA does not agree with the flying with experienced SICs, resources seat dependent maneuvers and suggested revision to § 121.420 to of the carrier and union (if applicable), procedures include the use of systems require upgrade ground training to making the best use of being mentored with controls that are not centrally include all the requirements in by experienced PICs at that carrier, etc. located, or are accessible or operable § 121.419(a) and (b). As explained in the The FAA does not agree that requiring from only the left or from only the right NPRM, to serve as a pilot in part 121 additional ground school and LOFT is pilot seat as identified by the airplane operations, a pilot must satisfactorily warranted when a new hire is hired manufacturer, air carrier, or the complete recurrent ground training directly as a PIC or upgrades to PIC Administrator as seat dependent tasks. within 12 calendar months preceding within a new hire probation period. In Typically, the PIC is assigned to and service as a pilot. See §§ 121.427 and operates the airplane from the left seat, accordance with § 121.401(a)(1), an air 121.433(c). Further, as explained in the and the SIC is assigned to and operates carrier’s training program must ensure NPRM, § 121.427 requires recurrent the airplane from the right seat. An SIC ground training to include instruction in that each PIC is adequately trained to who has been serving in the right seat the subjects required for initial ground perform his or her assigned duties. of an aircraft would not know the training. See 81 FR at 69923. Therefore, Therefore, the FAA expects the training characteristics of the left seat. Therefore, the FAA does not agree that review of program of air carriers who hire PICs or seat dependent training is required all the material in § 121.419(a) and (b) upgrade pilots to PIC within their new during upgrade training. As explained is warranted during upgrade training hire probationary periods to include any in the NPRM, duty position maneuvers because these subjects would have been additional training determined and procedures include tasks specified routinely reviewed during recurrent necessary by the air carrier to ensure the by the airplane manufacturer, air carrier, ground training. pilots are adequately trained to perform or the Administrator, as PIC or SIC only ALPA suggested requiring all PIC duties. Additionally, § 121.436 tasks. A pilot serving as SIC would not maneuvers and procedures in Appendix requires a pilot to have 1,000 hours of have been previously trained and E to be completed during upgrade flight air carrier experience before serving as qualified on PIC only tasks. Therefore, training. a PIC in part 121 operations. duty position maneuvers and The FAA does not agree that upgrade procedures are required during upgrade flight training should require all ALPA stated that guidance should exist ensuring upgrade training includes training. maneuvers and procedures in Appendix The FAA is adopting, as proposed, the exposure to the operations of other E to be completed. As explained in the requirement that upgrade ground and NPRM, with the changes to SIC airline departments such as dispatch, flight training must include seat qualification requirements as a result of maintenance, and scheduling. dependent maneuvers and procedures the Pilot Certification rule, an SIC will The recommendation that upgrade as well as duty position maneuvers and have already demonstrated technical training should include exposure to the procedures. mastery of that airplane type at the ATP operations of other airline departments ii. Leadership and Command and CRM certificate level when he or she begins such as dispatch, maintenance, and upgrade training. The FAA does not scheduling is outside the scope of this The FAA proposed that upgrade agree that upgrading pilots would need rulemaking. The FAA expects each ground training must include leadership to complete all maneuvers and individual air carrier will determine if and command, as well as CRM. CRM procedures in Appendix E in order to exposure to other airline departments is training includes decision-making, demonstrate that they can meet the beneficial to its operation. authority and responsibility, and performance standards while conflict resolution. The FAA also

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proposed that upgrade flight training iii. Mentoring serving as PIC, typically the left pilot must include scenario-based training The FAA proposed that upgrade seat. The FAA did not receive any structured to incorporate CRM and ground training must include comments on the proposed additional leadership and command. See 81 FR at mentoring, to include techniques for flight training during upgrade and is 69920. instilling and reinforcing the highest AABI and Jet Blue agreed that adopting the requirements as proposed. standards of technical performance, leadership and command must be airmanship, and professionalism in 3. Upgrade Proficiency Check demonstrated during the flight training newly hired pilots. See 81 FR at 69920. Requirements portion of the upgrade curriculum. AABI also agreed with the requirement AABI agreed with the requirement for To ensure a proficient PIC, the FAA to incorporate leadership and command mentoring training for pilots upgrading proposed to revise the waiver provisions into flight training through scenario- to PIC. ALPA stated that upgrade flight for a § 121.441 proficiency check based training. training should also include mentoring completed after upgrade ground and Ameristar sought clarification on the training. flight training. See 81 FR at 69920. definition of ‘‘sufficient scenario based The FAA does not agree that upgrade Ameristar stated that all the events in training incorporating CRM and flight training should include mentoring Appendix E applicable to upgrade leadership and command skills,’’ as training because it cannot be training are waivable during the used in proposed §§ 121.424(b) and incorporated into upgrade flight training proficiency check, thereby invalidating 121.426(a)(5). effectively. An opportunity for the rationale for not allowing events to In the final rule, the FAA maintains mentoring would have to be artificially be waived on the proficiency check after a performance-based upgrade introduced during scenario-based flight upgrade training. Ameristar also curriculum, and therefore specifying training, which would reduce the commented that because compliance standards for ‘‘sufficient scenario based effectiveness of that training because the with either proposed § 121.441(d)(3)(i) training’’ is unnecessary in scenario would no longer be realistic. or (ii) is allowed, compliance with §§ 121.424(b) and 121.426(a)(5). As iv. Low-Altitude Windshear and § 121.441(d)(3)(i) would include upgrade training completed six months explained in the NPRM, the FAA has Extended Envelope Flight Training determined this approach will allow air earlier making § 121.441(d)(3)(ii) carriers to develop a robust upgrade In the NPRM, the FAA proposed that unnecessary. curriculum specific to their operations, upgrade flight training must continue to As explained in the NPRM, the airplane types, and identified risks. As include training in the rare, but high proposed upgrade training requirements further explained in the NPRM, risk scenarios specified in § 121.423 as do not require pilots to complete all scenario-based training should address well as the carrier’s approved low- maneuvers and procedures in appendix specific training objectives based on altitude windshear flight training E during training. Appendix E technical and soft skills, may consist of program. designates the airplane or FSTD, as full or partial flight segments, and The FAA did not receive any appropriate, that may be used for would necessarily vary, depending on comments regarding low-altitude maneuvers and procedures required for the training objectives. Additionally, the windshear and extended envelope flight upgrade training in accordance with FAA has determined this scenario-based training and is adopting those proposed § 121.426. Therefore, to ensure training ensures the effective integration requirements as proposed. a proficient PIC, proficiency must be demonstrated for all maneuvers and of these ‘‘soft skills’’ with technical v. Additional Flight Training skills. Therefore, an air carrier can procedures in appendix F during the combine the maneuvers and procedures The FAA also proposed that the proficiency check completed after in appendix E with the scenario-based upgrade curriculum must include upgrade training. training required by §§ 121.424(b) and sufficient flight training to ensure the Proposed § 121.441(d)(3)(ii) is 121.426(a)(5) as long as the training pilot has attained the knowledge and necessary because proposed meets the objectives and requirements skills to proficiently operate the § 121.441(d)(3)(i) does not include of both appendix E and §§ 121.424(b) airplane as a PIC. Under the proposed upgrade training completed within the and 121.426(a)(5). upgrade curriculum, the air carrier must previous six months. Section The FAA recognizes that a carrier may determine the specific maneuvers and 121.441(d)(3)(i) applies to a pilot choose to include leadership and procedures for each airplane type currently qualified for part 121 command training in its SIC to PIC considering its operational factors and operations in a particular type airplane upgrade CRM curriculum that may authorizations, risks identified through and flightcrew member position. satisfy the requirements of this final its safety management system, and other Proposed § 121.441(d)(3)(ii) applies to a rule. If a carrier develops and conducts risks identified through programs such pilot who has satisfactorily completed enhanced CRM training that includes as an Aviation Safety Action Program an approved training curriculum within additional instruction and facilitated (ASAP), Flight Operational Quality the preceding six months, except for an discussion specifically designed to Assurance (FOQA), and Line Operations upgrade training curriculum in provide PICs with the necessary Safety Audit (LOSA).21 Additionally, accordance with proposed §§ 121.420 leadership and command skills, that the FAA proposed that the training must and 121.426. A pilot who has only carrier may meet the requirements ensure the pilot has developed the completed upgrade training is not under part 121 subpart N related to visual and psychomotor acuity currently qualified for part 121 leadership and command training. The necessary to operate the airplane from operations as PIC in that type airplane FAA will consider the training aids, the seat position to be occupied while because the pilot has not completed the devices, methods, and procedures used qualification requirements in part 121 by the carrier as well as the content of 21 ASAP, FOQA, and LOSA are voluntary subpart O, including the proficiency the carrier’s enhanced CRM training to programs implemented by many air carriers. check, operating experience, Analysis of the data provided by these voluntary determine whether the enhanced CRM programs has contributed to increased safety consolidation of knowledge and skills training meets the requirements for including improvements to training and operational and the line check. Therefore, as leadership and command training. procedures. proposed, waiver authority is not

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allowed on a proficiency check for a on leadership and command and CRM should not have to complete initial pilot who has completed the upgrade mentoring training, and that some one-time training. training curriculum in accordance with airlines have been providing this As explained in the NPRM, the FAA proposed §§ 121.420 and 121.426. training for well over 20 years. Portions has determined that it is unnecessarily The FAA is adopting the revised of the training is part of an FAA- burdensome for PICs to complete the waiver provisions as proposed. approved training curriculum, but some one-time training on leadership and air carriers may have included this command and mentoring if the PIC has 4. Effect of Revised Upgrade Curriculum previously completed training that is on Recurrent Training training as part of specialized carrier- specific training that is not FAA- duplicative of the proposed In the NPRM, the FAA explained that approved. requirements. As indicated by an air carrier may continue to reset a A4A, American, and Jet Blue did not commenters, several air carriers are pilot’s ‘‘base’’ month for recurrent flight believe there should be a specific already providing some or all of this training if the pilot satisfactorily timeframe when this training should training. Therefore, the final rule retains completes the proposed upgrade flight have been completed in order to be the allowance for credit for training training and proficiency check. An air creditable. In contrast, ALPA believed previously completed at that air carrier. carrier may only reset a pilot’s base credit should not be provided if the However, the FAA will only allow month for recurrent ground training training occurred more than 24 months credit for training completed within 36 based upon completion of upgrade prior to the publication of the final rule. calendar months prior to the effective ground training if the air carrier’s The NTSB strongly disagreed with the date of the final rule. As described in upgrade curriculum includes all proposal to allow credit for training the section on Recurrent PIC Leadership recurrent ground training requirements completed before the effective date of and Command and Mentoring Training, of § 121.427. See 81 FR at 69921. the final rule because that training may leadership and command are perishable The FAA did not receive any not be equivalent to the final rule skills that require recurrent training; in comments on this explanation. requirements. A4A stated that whether the final rule, the frequency for or not the training was part of an FAA- recurrent ground training on leadership H. Training for Pilots Currently Serving and command and mentoring for PICs as PIC (§ 121.429) approved training program does not negate the fact that the training took remains every 36 calendar months, as The FAA proposed that all pilots proposed. Therefore, the FAA has place and should not be a factor in qualified to serve as PIC prior to the determined it is appropriate to use the determining if credit for the training compliance date must complete the PIC same timeframe for credit for training. will be allowed. upgrade ground training on leadership Since this training was previously A4A, American, and UPS contended and command and mentoring. However, voluntary, the FAA agrees with that airline records, courseware, and the FAA also proposed to allow credit commenters that credit should be training module outlines are the toward all or part of the requirements allowed even if the training was not appropriate criteria to determine the for leadership and command and included in the FAA-approved training extent and subject matter of previous mentoring training for current PICs program, where the air carrier has training and whether a PIC completed based on leadership and command and appropriate records. The FAA also training. Jet Blue did not believe that mentoring training previously agrees with commenters that curricula, specific criteria or documentation are completed by these PICs at that air training modules, and lesson plans necessary for the FAA to determine if all carrier. The FAA sought comment on combined with a record for an or part of the requirements have been the proposal to allow credit, individual pilot are the appropriate met. specifically: documentation to allow credit for some (1) Whether and to what extent air American and UPS requested that the or all of the training. carriers were already providing FAA leave as much latitude as possible In the draft ACs, the FAA had leadership and command training and/ for establishing that training was proposed that the POI for each carrier or mentoring training for current PICs as accomplished for air carriers with long would evaluate the carrier’s request and described in the draft ACs included in records of voluntarily covering the determine whether to allow credit for the docket for the rulemaking; proposed topics. some or all of the training. However, to (2) Whether the previous training ALPA believed that previous ensure a consistent determination of must have been provided as part of a mentoring, leadership and command whether the previous training met some training program approved by the FAA training should only be credited if or all of the requirements, the FAA is for that air carrier; effective and recent. ALPA suggested establishing a focus team, consisting of (3) Whether the previous training using data such as participants’ FAA subject matter experts, to evaluate must have been completed within a critiques, LOSA, ASAP, line checks, etc. all requests for credit. This process will certain period of time prior to the to determine if the training was be described in the final version of the effective date of the final rule; effective. ALPA also stated that proper ACs accompanying this final rule. (4) What criteria and documentation record keeping should reflect that the The FAA does not agree that if a pilot the FAA should consider in determining pilot participated in the entire course has completed CRM training at that whether all or part of the requirements for which credit is being sought. carrier, one-time training on leadership have been met with previous training; An individual identified as an and command and mentoring should and associate college professor stated that not be required. As described in the (5) What criteria and documentation the FAA should allow partial credit NPRM, although CRM contains some the FAA should consider in determining toward the requirements for leadership elements of the desired leadership whether a PIC completed all or part of and command and mentoring training training, it is not designed with the the previous training at that air carrier. for current PICs based on leadership and express intent of aiding the PIC in Comments from A4A and several air command and mentoring training assuming a leadership role in the carriers indicated that numerous air previously completed at that air carrier. aircraft. See 81 FR at 69916. CRM carriers provide training in some or all Ameristar stated that current PICs focuses on the use of all resources of the items addressed in the draft ACs who have completed an air carrier’s available to the pilot and the

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functioning of crewmembers as teams used regularly during every flight they (2) Whether mentoring training (addressing team behaviors and are less susceptible to degradation. should be included in the qualification effectiveness), whereas the leadership Therefore, the frequency for recurrent requirements for pilots serving as the and command training required in this ground training on leadership and SIC in an augmented flightcrew; final rule is intended for the command and mentoring for PICs is (3) Whether providing training in only development of the individual PIC’s every 36 calendar months, as proposed. one of the new subject areas (i.e., only leadership skills, management Ameristar thought that requiring leadership and command training or oversight, and command authority prior leadership and command training only mentoring training) would reduce to overall crewmember-integrated CRM during recurrent LOFT implies that a the effectiveness of the training for these training. CRM is also not designed to LOFT would be required during SICs; and provide PICs with mentoring skills. recurrent training. Ameristar believed (4) Whether providing training in only Despite this distinction, the FAA that distance learning should suffice for one of the new subject areas (i.e., only recognizes that a carrier may choose to recurrent training. leadership and command training or include leadership and command The FAA proposed only to modify the only mentoring training) would reduce training in its CRM curriculum that may existing recurrent LOFT scenario the effectiveness of the requirement for satisfy the requirements of this final requirements in § 121.409. The FAA did the SIC in an augmented flightcrew to rule. If a carrier develops and conducts not intend any implication that a LOFT be fully qualified to act as PIC. enhanced CRM training that includes would be required during recurrent A4A, American, and UPS argued that additional instruction and facilitated training. As currently allowed, air there should be no requirement for discussion specifically designed to carriers may choose to substitute LOFT leadership and command and mentoring provide PICs with the necessary that meets the requirements of § 121.409 training for pilots serving as the SIC in leadership and command skills, that for the recurrent proficiency check an augmented crew. They stated that the carrier may seek credit for that training. requirement specified in § 121.441, but PIC is there as the leader on the flight The FAA will consider the training aids, air carriers are not required to do so. and is available to deal with devices, methods, and procedures used The FAA recognizes that a carrier may requirements associated with leadership by the carrier as well as the content of choose to include leadership and and command. They also stated that the carrier’s enhanced CRM training to command training in its recurrent CRM there should not be an expectation on determine whether the enhanced CRM curriculum that may satisfy the the flight deck that anyone will mentor training meets the requirements for requirements of this final rule. If a other than the PIC. A4A, American, and leadership and command training. carrier develops and conducts enhanced UPS noted that leadership and I. Recurrent PIC Leadership and CRM training that includes additional command training and mentoring Command and Mentoring Training instruction and facilitated discussion training can be mutually exclusive so (§§ 121.409(b) and 121.427) specifically designed to provide PICs that one topic could be taught without with the necessary leadership and any reduction in the SIC’s effectiveness In the NPRM, the FAA proposed to command skills, that carrier may meet if the other topic is not taught. require recurrent training on leadership the requirements under part 121 subpart Delta Air Lines commented that a full and command and mentoring skills for N related to leadership and command PIC command course should not be all PICs serving in part 121 operations. training. The FAA will consider the required for SICs. However, Delta stated The FAA proposed to require recurrent training aids, devices, methods, and that fundamentals of command training ground training on leadership and procedures used by the carrier as well within established chain of command command and mentoring for PICs every as the content of the carrier’s enhanced may be constructive. 36 calendar months. The FAA also CRM training to determine whether the ALPA stated that all SICs performing proposed to modify the requirements in enhanced CRM training meets the in augmented operations should receive § 121.409 to require that the recurrent requirements for leadership and the PIC leadership and command LOFT scenario must provide each PIC command training. training and mentoring training. ALPA an opportunity to demonstrate believed that SICs being trained in only leadership and command. J. Leadership and Command Training one of the subjects would reduce the AABI and Jet Blue agreed with the and Mentoring Training for SICs Serving effectiveness of the SIC training and requirement for leadership and in Operations That Require Three or potentially their ability to be fully command and mentoring training for More Pilots qualified to act as PIC in augmented PIC recurrent training. They also agreed In the NPRM, the FAA explained that operations. with the requirement that leadership it was considering requiring leadership Since 1970, § 121.432(a) has stated and command must be demonstrated and command training and mentoring that a pilot who serves as SIC in an during the flight training portion of training for SICs that serve as SIC in an operation that requires three or more recurrent training. Several individuals operation that requires three or more pilots must be fully qualified to act as also agreed with the proposal. pilots who are required by § 121.432(a) PIC of that operation. In the 1970 ALPA asserted that recurrent to be fully qualified to act as PIC of that Training Programs final rule, the FAA leadership and command and mentoring operation (except for operating indicated that the qualification training needs to be conducted every 12 experience). The FAA sought comment requirements for the assigned SIC in a months rather than every 36 months. on: crew of three or more were not limited As explained in the NPRM, the FAA (1) Whether the PIC leadership and to one particular aspect of PIC has previously recognized that the command training should be included qualification, and that the provision was necessary frequency for recurrent in the qualification requirements for intended to cover broader PIC training is not the same for all subject pilots serving as the SIC in an qualification requirements.23 areas and tasks. The FAA agrees that The FAA’s augmented flightcrew; 22 mentoring, leadership and command are certificate to operate the airplane to allow a perishable skills that require recurrent 22 An augmented flightcrew is a flightcrew that flightcrew member to be replaced by another training. However, the FAA has consists of more than the minimum number of qualified flightcrew member for inflight rest. determined that because these skills are flightcrew members required by the airplane type 23 See 35 FR 84, 87 (Jan. 3, 1970).

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position has not changed. Therefore, the carrier’s pilots. The FAA proposed that the collective bargaining process as FAA has determined that SICs who the management representative must (1) defined by the Railway Labor Act. serve in an operation that requires three have at least one year of experience ALPA emphasized that it is a or more pilots must complete leadership serving as a PIC in part 121 operations, statutory mandate for the FAA to and command training to be fully and (2) be qualified through training, require a PPDC and a formal long-term qualified to act as PIC of that operation. experience, and expertise relevant to the mentoring program as well as mentoring As described in the NPRM, the purpose PPDC’s responsibilities. Along with the for new hires during every flight. ALPA of leadership and command training is NPRM, the FAA drafted an AC that stated that the proposal did not address to provide the skills necessary to provided attributes for a PPDC to many issues regarding the PPDC and a manage the crew, communications, consider to develop, administer, and formal long-term pilot mentoring workload, and decision-making in a oversee a formal pilot mentoring program, including: Selection and manner that promotes adherence to program. The FAA included a copy of deselection of mentors; whether the SOP. Since these SICs may be required this document in the docket for this mentors will be volunteers or will hold to act as PIC while the assigned PIC is rulemaking and sought comments. paid positions; impact on part 117 duty taking an inflight rest break, the FAA The FAA also sought comment on time due to mentoring; mentor has determined these SICs need the whether a PPDC and a formal pilot qualifications; mentor initial and same leadership and command skills. mentoring program are necessary in recurrent training; frequency and The FAA notes that, in accordance with light of the FAA’s proposal to require all method of communication; how § 121.401, these SICs will not be PICs to complete mentoring training, mentors will be assigned to new hires; required to repeat the leadership and including recurrent mentoring training. mentor burn out; uncooperative new command training when they upgrade Although addressed in the ‘‘PIC hires; length of mentoring; record to PIC. Mentoring Training’’ discussion, by keeping; minimum topics for The FAA has determined these SICs providing training on mentoring to all discussion; boundaries for mentoring; do not need to complete mentoring PICs, all newly hired SICs would be roles and responsibilities of the pilot training to be fully qualified to act as paired with a pilot who is prepared and union; consequences of a mentor not PIC of an augmented operation under has been trained to instill and reinforce adhering to the program guidelines and § 121.432(a). As described above, the the professionalism, skill, and responsibilities; and regular feedback. FAA is requiring mentoring training for knowledge expected of all pilots serving The FAA also received several other all PICs serving in part 121 operations in part 121 operations. comments concerning the roles and to establish the mentoring environment AABI agreed with establishing a functions of the proposed PPDC, its recommended by the MLP ARC. As PPDC, the minimum committee composition and meeting requirements, further explained in the NPRM, the FAA composition, and the minimum meeting its interplay with existing labor- has determined the increased requirements. The NTSB strongly management structures, and the experience requirements of the Pilot supported the proposed PPDC. Several potential undue burden and costs Certification rule together with the individuals, many identified as college mentoring training requirement of this students, agreed with the mentoring associated with PPDC development and rule ensures every newly hired pilot is program and believed it would provide administration. In addition, the paired, on every flight, with an benefits such as improving CRM and comments included recommendations experienced pilot who can serve as a communications between pilots, aiding on requirements for formal mentoring mentor. See 81 FR at 69919. Because the the progression of new pilots, and programs, the qualifications of mentors, PIC of the augmented flight can serve as providing good experience for mentors. and the scope of the mentor-mentee this mentor, an SIC who serves in an A4A, American, Jet Blue, and UPS relationship. operation that requires three or more contended the necessity and role of the The FAA agrees with some air carrier pilots would not ordinarily be expected PPDC are limited considering mentoring commenters that, as proposed, the PPDC to serve as a mentor to other pilots. training requirements and processes for could create uncertainty between the Moreover, unlike with leadership and reporting issues. A4A, American, and role of the PPDC and the regulatory command skills, the PIC’s mentoring UPS also stated that the need for a PPDC operational and management responsibilities during an augmented would vary depending on factors at the responsibilities of the air carrier. The operation would not ordinarily be airline such as size, maturity, pilot FAA has determined that a formal pilot interrupted merely by an inflight rest hiring parameters, training quality, and mentoring program cannot function period. management capability. independently from the operation of the A4A and Jet Blue stated that some of air carrier. The development, K. Pilot Professional Development the items listed for the PPDC to consider administration, and oversight of a Committee (Proposed § 121.17) may fall under management formal pilot mentoring program would In the NPRM, the FAA proposed to responsibilities. A4A, UPS, and Jet Blue impact many other aspects of the add a requirement for certificate holders stated that the draft AC must clearly operation of the air carrier, such as pilot conducting operations under part 121 to highlight the difference between the role duty and rest, training, recordkeeping, establish and maintain a pilot of the PPDC and that of airline ‘‘hiring’’ of mentors, and funding for the professional development committee management. program. In accordance with U.S.C. (PPDC) to develop, administer, and A4A, American, UPS, and Jet Blue 44701(b) and (d), the FAA may oversee a formal pilot mentoring also noted that several airlines already prescribe minimum safety standards for program. Additionally, the FAA have joint committees with union/pilot air carriers in consideration of the duty proposed to require the PPDC to meet representation and believed that the of an air carrier to provide service with frequently enough to accomplish the limited oversight proposed for the PPDC the highest possible degree of safety in objectives of the committee, but at least could readily be performed by these the public interest. Therefore, the once a year. Further, the FAA proposed existing committees. responsibility for the safe operation of that the PPDC must consist of at least Jet Blue further argued that some of the air carrier, including the pilot one management representative and at the proposed language may cause mentoring program, ultimately remains least one representative of the air conflicts of interest in certain phases of with the air carrier.

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Additionally, the FAA agrees that the carrier training programs and the used in these operations are generally need for a PPDC is limited because all increase in pilot experience and too small to accommodate a flight deck PICs are required to complete mentoring qualification.25 The FAA further observer seat. Additionally, Public Law training. proposed a one hour reduction in the 111–216 and the associated MLP ARC Lastly, in January 2015, the FAA required minimum programmed hours recommendations are specifically issued the Safety Management Systems for pilot recurrent ground training. directed at part 121 air carriers. for Domestic, Flag, and Supplemental The FAA did not receive any Therefore, as adopted in §§ 91.1063(b) Operations for Certificate Holders final comments regarding the proposed and 121.435(a) part 135 operators or rule (SMS).24 The SMS final rule was in changes to pilot recurrent ground part 91K program managers that choose response to (1) section 215 of Public training content and programmed hours. to comply with part 121 subparts N and Law 111–216 that directed the FAA to Therefore, these changes are adopted as O are not required to comply with OF. require all part 121 air carriers to proposed. NetJets stated that in accordance with implement an SMS, (2) NTSB § 135.3(c), the operating experience recommendation A–07–10 for the FAA M. Part 135 Operators and Part 91 required by § 121.434 is not applicable to require all part 121 air carriers to Subpart K Program Managers to NetJets because § 135.3(c) provides establish an SMS, and (3) International Complying With Part 121, Subparts N that certificate holders conducting part Civil Aviation Organization (ICAO) and O 135 operations who comply with part Annex 6, in which member states agreed In the NPRM, the FAA explained that 121 subparts N and O requirements, to establish SMS requirements for air some part 135 operators and part 91K instead of the part 135 subparts E, G, carriers. SMS is a comprehensive, program managers use pilot training and and H requirements, may choose to process-oriented approach to managing qualification programs that comply with comply with the operating experience safety throughout an organization. An subparts N and O of part 121. However, requirements of § 135.244 instead of the SMS includes an organization-wide the FAA explained that some of the requirements of § 121.434. NetJets safety policy; formal methods for proposed revisions to part 121 in the believed that, because a proficiency identifying hazards, controlling, and NPRM were not compatible with all part check of a visual inspection using continually assessing risk and safety 135 and 91K operations because of pictorial means is certified by a check performance; and promotion of a safety differences between the requirements pilot, it is unnecessary to certify the culture. When systematically applied, for minimum flight crew and pilot pilot’s proficiency a second time before SMS provides a set of decision-making certification. Therefore, for part 135 the pilot completes operating tools that air carriers can use to improve operators and fractional ownership experience. safety. SMS stresses not only program managers who use a part 121 As proposed in § 121.434(b)(3), if compliance with technical standards subparts N and O training and pictorial means was used to conduct the but also increased emphasis on the qualification program, the FAA preflight visual inspection during the overall safety performance of the proposed to retain the existing upgrade proficiency check, the pilot must organization. In accordance with the curriculum requirements and to limit demonstrate proficiency on at least one SMS final rule, air carriers must have the applicability of the leadership and complete visual inspection of a static implemented an SMS that meets the command and mentoring training to airplane before the completion of the requirements of 14 CFR part 5 no later PICs serving in operations that require operating experience required by than March 2018. two or more pilots. The FAA further § 121.434. The FAA did not propose any The FAA has thoroughly considered explained that the remaining proposed changes to § 135.244. Therefore, that the MLP ARC recommendations in amendments to subparts N and O of part requirement would only apply to a part context with the SMS final rule, the PIC 121 would apply to these other 135 operator who complies with part mentoring training required by this final operators and program managers. See 81 121 subparts N and O and chooses to rule, as well as the comments submitted FR at 69923. comply with § 121.434. If the part 135 in response to this rulemaking, and the NetJets requested that the final rule operator chooses to comply with FAA has determined that it would not specifically note that the proposed OF § 135.244 instead, the requirement for be feasible or achievable for the PPDC requirement not apply to part 135 on- the pilot to conduct the visual to develop, administer, and oversee an demand certificate holders or part 91, inspection of a static airplane during the effective formal pilot mentoring subpart K fractional ownership program operating experience does not apply. program. The FAA has determined that managers that choose to comply with The proposals to retain the existing the goals of improving pilot airmanship, part 121 subparts N and O training and upgrade curriculum requirements and to decision-making, and professionalism at testing requirements. NetJets stated that limit the applicability of the leadership each air carrier can be achieved through few of its aircraft are equipped with a and command and mentoring training to the PIC mentoring training required by flight deck observer seat and would PICs serving in operations that require this final rule and the use of each air qualify for the deviation in proposed two or more pilots are adopted in the carrier’s SMS. The FAA is not adopting § 121.432(d). final rule for part 135 operators and the proposal for the establishment of a The FAA agrees that the requirement fractional ownership program managers PPDC. for OF should not apply to part 135 who use a part 121 subparts N and O training and qualification program. L. Pilot Recurrent Ground Training operators or part 91K program managers Content and Programmed Hours that choose to comply with part 121 N. Flight Simulation Training Device (§ 121.427) subparts N and O because the airplanes (FSTD) Conforming Changes

The FAA proposed to remove from 25 To implement the proposed amendments to In the NPRM, the FAA proposed the pilot recurrent ground training recurrent ground training content for pilots, the changes to part 121 subparts N and O requirements, certain foundational FAA proposed revisions to § 121.427(b), that and appendices E and F to reflect knowledge elements that are no longer separate the recurrent ground training requirements current terminology with respect to the by training population. Additionally, the FAA necessary in light of the maturity of air proposed to remove from § 121.427(b), the reference use of flight simulators and other to § 121.805 because of the requirement in training devices. Specifically, references 24 80 FR 1308 (Jan. 8, 2015). § 121.415(a)(3) to complete § 121.805 training. to visual simulators (Level A FFS) and

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advanced simulators (Level B, C, and D O. SIC Training and Checking approximately $245,520 for a single-day FFS) were proposed to be removed and Conforming Changes flexible addition within the existing updated to reflect current terminology The FAA proposed amendments to training footprint. and additionally, all references to the SIC training requirements in As further explained in the section simulation technology that no longer Appendix E to part 121, amendments to regarding Operations Familiarization, exists were removed. the SIC proficiency check requirements the FAA has revised the proposed OF requirements to clarify that OF can be American agreed with the proposed in Appendix F to part 121, and an completed during or after basic FSTD conforming changes, including amendment to § 61.71 to clarify that a pilot obtaining a type rating within a indoctrination training. This change the proposed change to amend reduces staffing costs. Appendices E and F to allow pictorial part 121 training program must satisfactorily accomplish the same tasks An individual commenter stated that means for the conduct of the preflight the proposed OF requirement would visual inspection. and maneuvers required by § 121.424 to serve as PIC. See 81 FR at 69925. increase operating costs to the airlines, Delta Air Lines commented that in The FAA did not receive any and does not help prevent the pilot both proposed Appendix E and comments on these proposed shortage in the U.S. proposed Appendix F, the maneuver/ amendments and is adopting them as As described in the NPRM, the intent procedure categories and descriptive proposed. of OF is to provide newly hired pilots terminology do not match related with an opportunity to observe from the categories and description in P. Other Conforming and Miscellaneous flight deck in a real world environment, accordance with 14 CFR part 60, Tables Changes the unique characteristics of the air A1B and B1B (Table of Tasks vs. In the NPRM, the FAA proposed carrier’s operations, and the specialized Simulator/FTD Level). Delta also noted amendments to the pilot transition processes learned during basic that in proposed Appendix E and ground training content in § 121.419; a indoctrination training. proposed Appendix F, the ‘‘FTD’’ new term in § 121.400 to identify flight One individual provided positive column does not reflect the maneuvers engineer to SIC training as ‘‘conversion’’ comment on the cost savings benefits to for which Flight Training Devices training instead of ‘‘upgrade’’ training; operators. This individual further stated (FTDs), specifically level 7 FTDs, can be amendments to the ground training that the cost of $72 million over a 10- certified for flight training and content in § 121.419 for flight engineer year period is much more feasible as it balances the expected overall benefits. proficiency checking as qualified in part to SIC training; and an amendment to Another individual noted that due to 60, Tables A1B and B1B. § 121.434, Appendix E to part 121, and Appendix F to part 121 to allow economic factors and further unknown The FAA agrees with Delta’s comment preflight visual inspection using variables, air carrier budgets could be that the maneuvers and procedures in pictorial means during pilot training impacted on a larger or smaller scale Appendix E and Appendix F do not and checking. See 81 FR at 69926. than what was estimated in the NPRM. directly align with the tasks listed in Ameristar suggested, that because One individual identified as a pilot part 60 Tables A1B and B1B and also do proposed Appendices E and F refer to suggested that if the savings are higher not fully address all of the FFS and FTD an ‘‘approved’’ pictorial means for than or equal to the cost to implement, levels that are currently defined in part completing preflight, proposed the NPRM should be implemented. This 60. Since the time the tables in § 121.434(b)(3) should include the term individual further calculated that even Appendix E and Appendix F were ‘‘approved.’’ with the 10-year 7% discount rate that originally written several years ago, The FAA agrees with the suggestion, if the cost ends up only being about $1 other device levels within the ‘‘FFS’’ and § 121.434(b)(3) clarifies that the million or less of an expense to air and ‘‘FTD’’ categories have been defined pictorial means must be approved. The carriers, the NPRM should still be in the simulator qualification standards, FAA will continue to provide relief implemented so long as the expenses and these tables in part 121 no longer through exemptions for preflight visual are not shifted on to the pilots. reflect the current capabilities of all inspection using pictorial means until The FAA addresses the estimated device levels which may be qualified for April 27, 2021, to allow sufficient time costs and benefits of the rule in the use in training under part 60. While the for certificate holders to obtain approval Regulatory Evaluation section. under the regulations from their FAA agrees that Appendix E and R. Other Out-of-Scope Comments Appendix F do not capture the Principal Operations Inspector. The capabilities of all of the available FSTD FAA did not receive any other Ameristar believed § 121.436 should levels as currently defined in part 60, comments on these proposed be amended to allow all flight time the FAA concludes that conducting amendments and is adopting them as acquired in a turbojet aircraft in a part 135 operation to count towards the extensive changes to these appendices proposed. 1000-hour requirement of in the final rule would exceed the scope Q. Costs and Benefits § 121.436(a)(3). Referencing proposed of this rulemaking. The FAA has The FAA received a few comments § 121.427(b)(4), Ameristar believed that initiated a separate rulemaking to align concerning the potential costs and CRM scenarios can be built into the pilot training tasks and authorized benefits of the proposed rule. Jet Blue recurrent proficiency checks as well as FSTD levels used in part 121 training stated that the proposed OF LOFT sessions. The FAA also received programs to the technical FSTD requirements may delay the training of several other comments concerning qualification standards that are defined a class of 30 pilots for up to an entire pilots’ wages at regional air carriers, 26 in part 60. calendar week, resulting in significant stress and fatigue, and optimal working costs to the airline. With Jet Blue’s environment. In addition, the comments 26 RIN 2120–AL14 Flight Simulation Training projected pilot hiring of 500 pilots in included recommendations for general Device Usage in Training Programs. See the Department of Transportation semi-annual 2018, this delay represented a potential aviation pilot training and regulatory agenda at www.reginfo.gov for more additional cost of $1,718,640 per year in qualifications, as well as a information on this rulemaking. system staffing costs versus recommendation to target regulations to

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general aviation and other forms of 104–4) requires agencies to prepare a standard operating procedures (‘‘SOP’’), transit. written assessment of the costs, benefits, including the sterile flight deck rule. These comments are out of the scope and other effects of proposed or final This rule requires: of this rulemaking. While there are rules that include a Federal mandate • Operations familiarization for new- many other factors that contribute to likely to result in the expenditure by hire pilots; aviation accidents, Public Law 111–216 State, local, or tribal governments, in the • Revised ground and flight training and this rule specifically address pilot aggregate, or by the private sector, of for upgrading pilots that includes professional development through $100 million or more annually (adjusted mentoring, leadership, and command leadership and command training and for inflation with base year of 1995). training; pilot mentoring. The new requirements This portion of the preamble • Mentoring, leadership, and are designed to enhance the professional summarizes the FAA’s analysis of the command ground training for current development of pilots and are therefore economic impacts of this final rule. We PICs; not intended as substitutes for pilot suggest readers seeking greater detail • Mentoring, leadership, and qualifications or other pilot training read the full regulatory evaluation, a command recurrent training for PICs; regimes. copy of which we have placed in the and docket for this rulemaking. • Leadership and command training V. Regulatory Notices and Analyses In conducting these analyses, FAA for certain SICs serving in an operation has determined this final rule has A. Regulatory Evaluation that requires 3 or more pilots. benefits that justify its costs, and is a Changes to Federal regulations must ‘‘significant regulatory action’’ as The benefits of the training in the undergo several economic analyses. defined in section 3(f) of Executive final rule include an increased level of First, Executive Order 12866 and Order 12866 because it raises novel safety from mitigation of unprofessional Executive Order 13563 direct that each policy issues contemplated under that pilot behavior which the FAA has Federal agency shall propose or adopt a executive order. The rule is also determined reduces pilot error that can regulation only upon a reasoned ‘‘significant’’ as defined in DOT’s lead to a catastrophic event. In addition, determination that the benefits of the Regulatory Policies and Procedures. The the rule responds to NTSB intended regulation justify its costs. final rule, if adopted, will not have a recommendations and satisfies the Second, the Regulatory Flexibility Act significant economic impact on a statutory requirement for a rulemaking of 1980 (Pub. L. 96–354) requires substantial number of small entities, in Public Law 111–216. agencies to analyze the economic will not create unnecessary obstacles to The estimated cost of the rule to air impact of regulatory changes on small international trade, and will not impose carriers is $90.0 million over a 10-year entities. Third, the Trade Agreements an unfunded mandate on state, local, or period. When discounted using a 7- Act (Pub. L. 96–39 as amended) tribal governments, or on the private percent discount rate, the rule is prohibits agencies from setting sector. estimated to result in costs of $62.2 standards that create unnecessary million over the same period. The total obstacles to the foreign commerce of the Total Benefits and Costs of This Rule and annualized costs and cost savings United States. In developing U.S. The overall safety and reliability of are shown in the table below. standards, the Trade Agreements Act the NAS demonstrates that most pilots The rule will also generate savings to requires agencies to consider conduct operations with a high degree operators of $95.5 million over a 10-year international standards and, where of professionalism. Nevertheless, a period. When discounted using a 7- appropriate, that they be the basis of problem still exists in the aviation percent discount rate, the rule will U.S. standards. Fourth, the Unfunded industry with some pilots acting result in savings of $61.2 million over Mandates Reform Act of 1995 (Pub. L. unprofessionally and not adhering to the same period.

TOTAL COSTS AND COST SAVINGS [Millions of 2016 dollars, 2018–2027] *

Present Annualized Present Annualized Nominal value at 7% at 7% value at 3% at 3%

Total Costs...... $90.04 $62.17 $8.29 $76.25 $8.24 Total Cost Savings ...... 95.53 61.22 8.16 78.32 8.46 Net Costs ...... ¥5.49 0.94 0.13 ¥2.07 ¥0.22 * Table values have been rounded. Totals may not add due to rounding.

More detailed benefit and cost qualification programs that comply with Assumptions information follows below. part 121 subparts N and O (2).27 • Discount Rates: 28 7% and 3% Who is potentially affected by this rule? 27 In addition to part 135 operators conducting • Period of Analysis: 2018–2027 The rule applies to all part 121 air commuter operations, if authorized by the • Monetary values expressed in 2016 Administrator, part 91, subpart K (part 91K) carriers (77) and, for some provisions, to program managers, and other part 135 operators dollars part 135 operators conducting may voluntarily comply with the training program • Discounting calculations use 2016 as commuter operations in airplanes type requirements in subparts N and O of part 121 the base year certificated for two pilots and are instead of the training program requirements of part 91K or part 135. Given that part 121 compliance is required to use pilot training and voluntary for part 91K program managers and part 135 operators (other than those conducting 28 Office of Management and Budget, OMB commuter operations), this pilot segment is not Circular No. A–4, New Guidelines for the Conduct included in this analysis. of Regulatory Analysis, Mar. 2, 2004.

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Other key assumptions used to Benefits of This Rule • Operations familiarization for new- complete the regulatory evaluation are The benefits of the required training hire pilots; as follows: • Revised ground and flight training • include an increased level of safety from Pilot Retirement Rate: 2.5% mitigation of unprofessional pilot for upgrading pilots that includes • Pilot Attrition Rate Due to Medical behavior which the FAA has mentoring, leadership, and command Reasons: 0.5% determined reduces pilot error that can training; • Pilot Growth Rate: 0.5% • Growth rate of SIC Pilots Qualified as lead to a catastrophic event. The • Mentoring, leadership, and PIC: 3.4% per year 29 October 14, 2004, crash of Pinnacle command ground training for current • Ground Instructors Needed: 1 Airlines flight 3701 in Jefferson City, PICs; Missouri, and the February 12, 2009, instructor for every 200 pilots • Mentoring, leadership, and • Class Size: 20 pilots per class crash of Colgan Air flight 3407 near Buffalo, New York, are examples of past command recurrent training for PICs; Changes From the NPRM to the Final accidents where unprofessional pilot and Rule behavior contributed to the accident. In • Leadership and command training The final rule differs from the addition, the rule responds to National for certain SICs serving in an operation proposed rule in the following ways. Transportation Safety Board (NTSB) that requires 3 or more pilots. The FAA is not requiring a pilot recommendations and satisfies the The rule has some additional professional development committee statutory requirement for rulemaking in (PPDC) as suggested in the NPRM. The Public Law 111–216. conforming and miscellaneous changes FAA is also requiring leadership and that do not impact either the costs or Costs of This Rule command training for SICs serving in benefits of the rule (see Sections N, O, operations that require three or more The costs of the rule are associated and P of the preamble to the final rule). pilots. with the following requirements:

COMPLIANCE COSTS FOR THE RULE BY PROVISION (2018–2027)

Total compliance costs (millions of 2016 dollars) Cost Present value Total 7 percent 3 percent

New-Hire Pilot Operations Familiarization (§ 121.435) ...... $6.514 $3.962 $5.227 Upgrade Training (§§ 121.420 and 121.426) ...... 13.991 8.649 11.300 One-Time and Recurrent PIC Training (§ 121.429, § 121.409(b), and § 121.427) ...... 66.391 47.439 57.095 One-Time and Recurrent SICs Qualified as PICs Training ...... 3.133 2.108 2.623 Recordkeeping ...... 0.009 0.007 0.008

Total ...... 90.039 62.165 76.254 * Table values have been rounded. Totals may not add due to rounding.

Cost Savings of This Rule already implemented in the Pilot means.30 These changes will lead to a The rule also contains cost saving Certification Rule. The recent Pilot reduction in the time required to benefits based on changes to ground Certification final rule ensures technical complete recurrent and upgrade training training that are possible due to changes proficiency in those subjects via other and will not compromise safety.

TOTAL AND PRESENT VALUES OF COST SAVINGS (2018–2027) *

Total costs savings (millions of 2016 dollars) Cost saving benefits Present value Total 7 percent 3 percent

Recurrent Ground Training (§ 121.427) ...... $67.323 $44.068 $55.687 Upgrade Ground Training (§ 121.420) ...... 28.205 17.155 22.631

Total ...... 95.529 61.223 78.318 * Table values have been rounded. Totals may not add due to rounding.

29 FAA Aerospace Forecast 2017–2037. Table 5: complete a minimum of 1,000 hours of relevant carrier. See Pilot Certification and Qualification U.S. Commercial Carriers Total Scheduled U.S. operational experience prior to serving as a PIC in Requirements for Air Carrier Operations; Final Passenger Traffic, 2016–2037. https://www.faa.gov/ part 121 operations. Additionally, the Pilot Rule, published by the Federal Aviation _ _ data research/aviation/aerospace forecasts/. Certification rule requires pilots, who will serve in Administration on July 15, 2013 (78 FR 42324). Accessed April 2017. part 121 operations, to complete the ATP–CTP prior https://www.federalregister.gov/articles/2013/07/ 30 The Pilot Certification rule requires all SIC to ATP certification. Thus, the Pilot Certification 15/2013-16849/pilot-certification-and-qualification- serving in part 121 operations to hold an ATP rule requirements raise the baseline knowledge and certificate with a type rating and requires pilots to experience level for pilots prior to serving at an air requirements-for-air-carrier-operations.

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Alternatives Considered principle of regulatory issuance that significant economic impact on a The FAA considered an alternative agencies shall endeavor, consistent with substantial number of small entities, proposal representing the MLP ARC the objectives of the rule and of section 605(b) of the RFA provides that recommendations as presented to the applicable statutes, to fit regulatory and the head of the agency may so certify FAA. The FAA carefully considered the informational requirements to the scale and a regulatory flexibility analysis is MLP ARC recommendations when of the businesses, organizations, and not required. The certification must developing the rule, and many of the governmental jurisdictions subject to include a statement providing the recommendations are incorporated into regulation. To achieve this principle, factual basis for this determination, and the rule albeit with less prescriptive agencies are required to solicit and the reasoning should be clear. requirements. The main drivers of the consider flexible regulatory proposals and to explain the rationale for their The Small Business Administration cost differences between the MLP ARC (SBA) categorizes airlines with 1,500 or recommendations and the final rule are actions to assure that such proposals are given serious consideration.’’ The RFA fewer employees as small businesses. Of the MLP ARC recommendations for a the 77 carriers that operate under part full-time professional development covers a wide-range of small entities, 121, 52 had fewer than 1,500 total position, PPDC, and longer amount of including small businesses, not-for- employees based on National Vital time required for leadership and profit organizations, and small Information Subsystem (NVIS) data command training during upgrade governmental jurisdictions. training and during PIC recurrent Agencies must perform a review to from February and November 2017. Of training. The FAA adopts the proposed determine whether a rule will have a the two part 135 operators required to requirements, except the PPDC, as cost significant economic impact on a use pilot training and qualification of the MLP ARC recommendations are substantial number of small entities. If programs that comply with part 121 substantially greater than the cost of this the agency determines that it will, the subparts N and O, both have fewer than final rule. agency must prepare a regulatory 1,500 total employees based on NVIS flexibility analysis as described in the data. The count of pilots for the 52 small B. Regulatory Flexibility Determination RFA. part 121 air carriers and the two small The Regulatory Flexibility Act of 1980 However, if an agency determines that part 135 operators are shown in the (Pub. L. 96–354) (RFA) establishes ‘‘as a a rule is not expected to have a table below.

TABLE 4—TOTAL NUMBER OF IMPACTED PILOTS, PICS, AND SICS FROM SMALL CARRIERS IN 2017 AND 2027

Year Pilot category Annual growth 2017 2027 (%)

PIC ...... 3,270 3,437 0.5 SIC qualified as PIC ...... 115 161 3.4 SIC—Other ...... 2,901 3,049 0.5

Total Pilots ...... 6,286 6,647 0.5

Based on these pilot counts, the Evaluation was recalculated for small and cost savings of the rule on small air analysis used to conduct the Pilot air carriers only. A summary of the costs carriers is shown below. Professional Development Regulatory

TABLE 5—TOTAL COSTS AND COST SAVINGS OF THE RULE FOR SMALL CARRIERS [2018–2027]

Total costs and cost savings (millions of 2016 dollars) Costs and cost savings Present value Total 7 Percent 3 Percent

Total Costs ...... $6.873 $4.763 $5.830 Total Cost Savings ...... 6.969 4.457 5.709

Total Net Costs ...... ¥0.096 0.306 0.121

The total cost of the rule on small small carrier cost, by provision, is carriers, and the corresponding per shown in the table below.

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TABLE 6—TOTAL AND PER CARRIER COSTS OF THE RULE FOR SMALL CARRIERS BY PROVISION [2018–2027]

Total compliance costs (millions of 2016 dollars) Provisions Carriers Per carrier Total impacted total cost

New-Hire SIC Operations Familiarization (§ 121.435) ...... $0.28 54 $0.005 Upgrade Training (Mentoring, Leadership, and Command for SICs or Mentoring Training for SICs qualified as PICs) (§§ 121.420 and 121.426) ...... 0.61 54 0.011 One-Time and Recurrent PIC Training (Mentoring, Leadership, and Command) (§ 121.409(b), 121.427, and 121.429) ...... 3.80 54 0.002 One-Time and Recurrent Training SICs Qualified as PICs (Leadership and Command) ...... 0.08 54 0.002 Recordkeeping ...... 0.001 54 0.000

Total ...... 4.763 ...... 0.088

The total cost per carrier of $88,000 operate in a manner that excludes Paperwork Reduction Act of 1995 (44 for the rule, over the 10-year analysis imports that meet this objective. The U.S.C. 3507(d)), the FAA has submitted period, implies an annual average per statute also requires consideration of these information collection carrier cost of approximately $8,800. international standards and, where amendments to OMB for its review. The FAA believes that such an appropriate, that they be the basis for Summary: The final rule requires the economic cost is not economically U.S. standards. The FAA has assessed development and approval of new and significant. BTS Form 41 Financial data the potential effect of this final rule and revised training curriculums for the is available for 40 small air carriers.31 determined that it will respond to a following: Operating revenues, in 2016, for 34 of statutorily mandated safety objective • Leadership and command and the 40 carriers is reported as $20 million and is not considered an unnecessary mentoring ground training for pilots or more. The remaining 6 carriers have obstacle to the foreign commerce of the currently serving as PIC (§ 121.429) and operating revenue ranging from $5 United States. recurrent PIC leadership and command million to $16 million. Based on these and mentoring training (§§ 121.409(b) figures, the estimated annual average D. Unfunded Mandates Assessment and 121.427); per carrier cost of the rule is less than Title II of the Unfunded Mandates • Leadership and command training 1% of the operating revenue where data Reform Act of 1995 (Pub. L. 104–4) and recurrent leadership and command is available. requires each Federal agency to prepare training for pilots serving as SIC in If an agency determines that a a written statement assessing the effects operations that require three or more rulemaking will not result in a of any Federal mandate in a proposed or pilots (§ 121.432(a)); significant economic impact on a final agency rule that may result in an • Upgrade training curriculum substantial number of small entities, the expenditure of $100 million or more (in requirements (§§ 121.420 and 121.426); head of the agency may so certify under 1995 dollars) in any one year by State, • Part 121 appendix H requirements; section 605(b) of the RFA. Therefore, as local, and tribal governments, in the and provided in section 605(b), the FAA aggregate, or by the private sector; such • Approval of Qualification Administrator certifies that this a mandate is deemed to be a ‘‘significant Standards Document for certificate rulemaking will not result in a regulatory action.’’ The FAA currently holders using an Advanced significant economic impact on a uses an inflation-adjusted value of $155 Qualification Program (AQP) substantial number of small entities. million in lieu of $100 million. This (§ 121.909). C. International Trade Impact final rule does not contain such a The final rule also requires some Assessment mandate; therefore, the requirements of additional recordkeeping related to Title II of the Act do not apply. maintaining records of pilots The Trade Agreements Act of 1979 completing the following: (Pub. L. 96–39), as amended by the E. Paperwork Reduction Act • Leadership and command and Uruguay Round Agreements Act (Pub. The Paperwork Reduction Act of 1995 mentoring ground training for pilots L. 103–465), prohibits Federal agencies (44 U.S.C. 3507(d)) requires that the currently serving as PIC (§ 121.429); from establishing standards or engaging FAA consider the impact of paperwork • Leadership and command training in related activities that create and other information collection and recurrent leadership and command unnecessary obstacles to the foreign burdens imposed on the public. training for pilots serving as SIC in commerce of the United States. According to the 1995 amendments to operations that require three or more Pursuant to these Acts, the the Paperwork Reduction Act (5 CFR pilots (§ 121.432(a)); establishment of standards is not 1320.8(b)(2)(vi)), an agency may not • Recurrent PIC leadership and considered an unnecessary obstacle to collect or sponsor the collection of command and mentoring ground the foreign commerce of the United information, nor may it impose an training (§ 121.427); and States, so long as the standard has a information collection requirement • Operations familiarization for new- legitimate domestic objective, such as unless it displays a currently valid hire pilots (§ 121.435). the protection of safety, and does not Office of Management and Budget Public comments: The FAA did not (OMB) control number. receive any comments on the 31 Bureau of Transportation Statistics Air Carrier Financial Reports (Form 41 Financial Data) This final rule will impose the information collection requirements. Database. Schedules P–1.1 and P–1.2. https:// following new information collection Use: This information will be used to www.transtats.bts.gov. requirements. As required by the ensure safety-of-flight by making certain

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that adequate training is obtained and • Upgrade training curriculum b. Leadership and Command Training maintained by those who operate under requirements (§§ 121.420 and 121.426); and Recurrent Leadership and part 121. The FAA will review the • Recurrent PIC leadership and Command Training for Pilots Serving as respondents’ training programs and command and mentoring ground SIC in Operations That Require Three or training courseware through routine training (§§ 121.409(b) and 121.427); More Pilots (§ 121.432(a) certification, inspection and • Part 121, appendix H requirements; SICs serving in operations that require surveillance of certificate holders using and three or more pilots complete the same part 121 pilot training and qualification • Approval of Qualification one-time training and recurrent training programs to ensure compliance and Standards Document for certificate in leadership and command as PICs. adherence to regulations and, where holders using an AQP (§ 121.909). Therefore, no additional revisions are necessary, to take enforcement action. necessary to the training curriculums. Respondents (including number of): 1. Development and Approval of New The FAA expects that the program The relevant provisions of the rule and Revised Training Curriculums updates to reflect this change are apply to certificate holders using part For the development and approval of minimal and are subsumed in the 121 pilot training and qualification new and revised training curriculums, paperwork costs for the collective programs. As of February 2017, there the FAA estimated the paperwork costs amendments made to the training were 79 such certificate holders who for these provisions by multiplying the provisions in this final rule. collectively employed 39,122 PICs and The FAA estimates there are no costs hourly rate of the person responsible by 42,227 SICs. for this provision. the number of estimated hours to Frequency: The development and develop and submit the new or revised c. Upgrade Training Curriculum approval of new and revised training curriculum. (In all cases we Requirements (§§ 121.420 and 121.426) curriculums will be a one-time assume that a ground instructor would occurrence for each certificate holder. Sections 121.420 and 121.426 require develop and submit the new or revised The documentation regarding training one-time revision to the certificate training curriculum, and that the ground in leadership and command and holder’s approved SIC to PIC upgrade instructor fully burdened wage is $53 mentoring for current PICs will be a training curriculum. This revised per hour.32) We then multiplied these one-time occurrence. Similarly, the curriculum must be submitted to the costs by the number of certificate documentation regarding training in FAA for approval. holders affected by the provision. leadership and command for current The FAA estimates a total of 80 hours SICs serving in operations that require a. Leadership and Command and of ground instructor time for three or more pilots will be a one-time Mentoring Ground Training for Pilots development and submission of the occurrence. The documentation of Currently Serving as PIC (§ 121.429) and revised SIC to PIC upgrade training operations familiarization for new-hire Recurrent PIC Leadership and curriculum. pilots will occur once for each new-hire Command and Mentoring Training Assuming 79 affected certificate pilot. The documentation of recurrent (§§ 121.409(b) and 121.427) holders, the FAA estimates that these PIC leadership and command and provisions result in a one-time cost of mentoring training will occur every Section 121.429 requires one-time $334,960 for all affected certificate three years for each PIC. The development of a training course for holders. leadership and command and mentoring documentation of recurrent leadership d. Part 121 Appendix H Requirements and command training for SICs serving for current PICs. This course must be submitted to the FAA for approval. The revision to part 121 appendix H in operations that require three or more requires one-time revision to the pilots will occur every three years for Revisions to §§ 121.409(b) and 121.427 require one-time revision to the certificate holder’s approved training each such SIC. program to remove the pilot experience Annual Burden Estimate: These certificate holder’s approved recurrent PIC training curriculum. This revised prerequisites for using a Level C FFS amendments to part 121 set out during training and checking. This prerequisites and levy requirements that curriculum must be submitted to the FAA for approval. revised training program must be must be met by certificate holders using submitted to the FAA for approval. The The FAA estimates a total of 40 hours part 121 pilot training and qualification FAA expects that the program updates of ground instructor time for programs and by those individuals who to reflect this change are minimal and development and submission of both serve in given capacities for those are subsumed in the paperwork costs for the curriculum for current PICs and the certificate holders. The estimates for the collective amendments made to the revision to the recurrent PIC training hours and costs are broken down by training provisions in this final rule. curriculum. development and approval of new and The FAA estimates there are no costs revised training curriculums followed Assuming 79 affected certificate for this provision. by pilot training recordkeeping. holders, the FAA estimates that these The FAA anticipates that certificate provisions result in a one-time total cost e. Approval of Qualification Standards holders will incur costs for the of $167,480 for all affected certificate Document for Certificate Holders Using following groups of provisions: holders. an AQP (§ 121.909) • Operations familiarization for new- Although the final rule does not make hire pilots (§ 121.435); 32 Training instructor hourly wage rate of $36.60 any changes to § 121.909, when the new • Leadership and command and multiplied by 1.435 to account for costs of employer subparts N and O training requirements mentoring ground training for pilots provided benefits. Wage based on 2016 Bureau of Labor Statistics (BLS) Occupational Employment become effective, certificate holders that currently serving as PIC (§ 121.429); Statistics for Air Transportation Industry. (http:// use an AQP must review their training • Leadership and command training www.bls.gov/oes/current/naics4_481100.htm): programs to make sure they address the and recurrent leadership and command Training and Development Specialists (13–1151). new subparts N and O requirements. It Wage multiplier from BLS, Employer costs for training for pilots serving as SIC in Employee compensation—December 2016, Table 5, is possible that certificate holders may operations that require three or more Private Industry. (https://www.bls.gov/news.release/ make a one-time revision to their pilots (§ 121.432(a)); archives/ecec_03172017.pdf). Qualifications Standards Document

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required by § 121.909 during this The FAA assumes that this cost is d. Recurrent Leadership and Command process to address the revised subparts incurred in 2019, the year prior to the Ground Training for SICs Serving in N and O requirements. compliance date of the rule and Operations That Require Three or More This is a cost that only applies to estimates that during that year 39,515 Pilots (§§ 121.427 and 121.432(a)) certificate holders that use an AQP for pilots are affected and require one pilot training because only those record. The FAA estimates 40 hours of A record showing compliance with certificate holders must meet the clerical time for entry of these records. this requirement for SICs serving in § 121.909 requirements. Therefore, this The FAA estimates that this provision operations that require three or more provision does not apply to certificate adds a one-time cost of $1,160 for all pilots must be retained in accordance holders who only train their pilots in affected certificate holders. with § 121.683(a)(1), in addition to the accordance with subparts N and O. current recordkeeping burden approved b. Leadership and Command for SICs under OMB Control Number 2120–0008. For each of the 25 certificate holders Serving in Operations That Require These SICs are required to complete with an approved AQP, the FAA Three or More Pilots (§ 121.432(a)) estimates 3 hours of ground instructor the recurrent training every 3 years. time for development and submission of A record showing compliance with Over the 10-year analysis period, the the revised Qualification Standards this requirement for SICs currently FAA estimates that there are 8,267 Document. serving in operations that require three instances of SICs undergoing recurrent The FAA estimates that this provision or more pilots must be retained in training involving leadership and results in one-time costs of $3,975 accordance with § 121.683(a)(1). This is command. Each instance requires one across all certificate holders who train a one-time burden. record. The FAA estimates 8 hours of their pilots under an AQP. The FAA assumes that the majority of clerical time for entry of these records. this cost is incurred in the year prior to The FAA estimates that this provision 2. Recordkeeping the compliance date of the rule, results in costs of $232 over the analysis however new SIC pilots serving in For the pilot training recordkeeping, period for all affected certificate operations that require three or more the FAA estimated the paperwork costs holders. for these provisions by first multiplying pilots will also receive this initial the number of required entries by the training. The FAA estimates that 5,498 e. Operations Familiarization for New- estimated number of pilots affected. pilots are affected and require one Hire Pilots (§ 121.435) record. The FAA estimates 5 hours of Second, we multiplied the total number Section 121.435 implements a new of entries by .001 hours (the time clerical time for entry of these records. The FAA estimates that this provision qualification requirement for new-hire required to make each entry). Lastly, we adds a one-time cost of $145 for all pilots to complete operations multiplied the total time to make all affected certificate holders. familiarization consisting of 2 operating entries by the hourly rate of the person cycles. A record showing compliance responsible for making the entries. In all c. Recurrent PIC Leadership and with this requirement for each new-hire cases, the FAA assumes that the person Command and Mentoring Ground pilot must be retained in accordance making the entries is a clerical Training (§ 121.427) with § 121.683(a)(1), in addition to the employee with an estimated fully- A record showing compliance with current recordkeeping burden approved burdened wage of $29 per hour.33 this requirement for current PICs must under OMB Control Number 2120–0008. a. Leadership and Command and be retained in accordance with The FAA estimates all affected Mentoring Ground Training for Pilots § 121.683(a)(1), in addition to the certificate holders have a total of 23,517 Currently Serving as PIC (§ 121.429) current recordkeeping burden approved new-hire pilots over the analysis period. under OMB Control Number 2120–0008. A record showing compliance with Each of the estimated 23,517 pilots PICs are required to complete the affected requires one record. The FAA this requirement for current PICs must recurrent training every 3 years. Over be retained in accordance with estimates 24 hours of clerical time for the 10-year analysis period, the FAA entry of these records. The FAA § 121.683(a)(1). This is a one-time estimates that there are 109,874 burden. estimates that this provision results in instances of PICs undergoing recurrent costs of $696 across the analysis period training involving leadership and for all affected certificate holders. 33 The clerk hourly wage rate of $20.29 multiplied command and mentoring. Each instance by 1.435 to account for costs of employer provided 3. Summary of Estimated Paperwork benefits. Wage based on 2016 BLS Occupational requires one record. The FAA estimates Employment Statistics for Air Transportation 110 hours of clerical time for entry of Costs Industry. (http://www.bls.gov/oes/current/naics4_ these records. The total cost burden is $511,838 481100.htm): Information and Record Clerks (43– The FAA estimates that this provision ($445,883 discounted at 7 percent) over 4000). Wage multiplier from BLS, Employer costs results in costs of $3,190 over the for Employee compensation—December 2016, Table the 10-year analysis period. 5, Private Industry. (https://www.bls.gov/ analysis period for all affected news.release/archives/ecec_03172017.pdf). certificate holders. BILLING CODE P

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BILLING CODE C F. International Compatibility and Civil Aviation, it is FAA policy to Cooperation conform to International Civil Aviation In keeping with U.S. obligations Organization (ICAO) Standards and under the Convention on International Recommended Practices to the

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maximum extent practicable. The FAA D. Executive Order 13771, Reducing 14 CFR Part 91 has reviewed the corresponding ICAO Regulation and Controlling Regulatory Aircraft, Airmen, Aviation safety, Standards and Recommended Practices Costs Reporting and recordkeeping and has identified no differences with This rule is not subject to the requirements. these proposed regulations. requirements of E.O. 13771 because this 14 CFR Part 121 G. Environmental Analysis rule results in no more than de minimis costs or cost savings. Air carriers, Aircraft, Airmen, FAA Order 1050.1F identifies FAA VII. How To Obtain Additional Aviation safety, Reporting and actions that are categorically excluded Information recordkeeping requirements, Safety, from preparation of an environmental Transportation. assessment or environmental impact A. Rulemaking Documents 14 CFR Part 135 statement under the National An electronic copy of a rulemaking Environmental Policy Act in the document may be obtained by using the Aircraft, Airmen, Aviation safety, absence of extraordinary circumstances. internet— Reporting and recordkeeping The FAA has determined this 1. Search the Federal eRulemaking requirements. rulemaking action qualifies for the Portal (http://www.regulations.gov); The Amendment categorical exclusion identified in 2. Visit the FAA’s Regulations and paragraph 5–6.6 and involves no Policies web page at http:// In consideration of the foregoing, the extraordinary circumstances. www.faa.gov/regulations_policies/ or Federal Aviation Administration 3. Access the Government Publishing amends chapter I of title 14, Code of VI. Executive Order Determinations Office’s web page at http:// Federal Regulations as follows: A. Executive Order 13132, Federalism www.gpo.gov/fdsys/. Copies may also be obtained by PART 61—CERTIFICATION: PILOTS, The FAA has analyzed this final rule sending a request (identified by notice, FLIGHT INSTRUCTORS, AND GROUND under the principles and criteria of amendment, or docket number of this INSTRUCTORS Executive Order 13132, Federalism. The rulemaking) to the Federal Aviation agency determined that this action will Administration, Office of Rulemaking, ■ 1. The authority citation for part 61 not have a substantial direct effect on ARM–1, 800 Independence Avenue SW, continues to read as follows: the States, or the relationship between Washington, DC 20591, or by calling Authority: 49 U.S.C. 106(f), 106(g), 40113, the Federal Government and the States, (202) 267–9677. 44701–44703, 44707, 44709–44711, 44729, 44903, 45102–45103, 45301–45302, Sec. or on the distribution of power and B. Comments Submitted to the Docket responsibilities among the various 2307 Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note). levels of government, and, therefore, Comments received may be viewed by does not have Federalism implications. going to http://www.regulations.gov and ■ 2. Amend § 61.71 by revising following the online instructions to paragraph (b)(1) to read as follows: B. Executive Order 13211, Regulations search the docket number for this That Significantly Affect Energy Supply, action. Anyone is able to search the § 61.71 Graduates of an approved training Distribution, or Use electronic form of all comments program other than under this part: Special received into any of the FAA’s dockets rules. The FAA analyzed this final rule by the name of the individual * * * * * under Executive Order 13211, Actions submitting the comment (or signing the (b) * * * Concerning Regulations that comment, if submitted on behalf of an (1) Satisfactorily accomplished an Significantly Affect Energy Supply, association, business, labor union, etc.). approved training curriculum and a Distribution, or Use (May 18, 2001). The proficiency check for that airplane type agency has determined that it is not a C. Small Business Regulatory Enforcement Fairness Act that includes all the tasks and ‘‘significant energy action’’ under the maneuvers required by §§ 121.424 and executive order, and it is not likely to The Small Business Regulatory 121.441 of this chapter to serve as pilot have a significant adverse effect on the Enforcement Fairness Act (SBREFA) of in command in operations conducted supply, distribution, or use of energy. 1996 requires FAA to comply with under part 121 of this chapter; and small entity requests for information or * * * * * C. Executive Order 13609, Promoting advice about compliance with statutes International Regulatory Cooperation and regulations within its jurisdiction. PART 91—GENERAL OPERATING AND A small entity with questions regarding Executive Order 13609, Promoting FLIGHT RULES this document, may contact its local International Regulatory Cooperation, FAA official, or the person listed under promotes international regulatory ■ 3. The authority citation for part 91 the FOR FURTHER INFORMATION CONTACT continues to read as follows: cooperation to meet shared challenges heading at the beginning of the involving health, safety, labor, security, preamble. To find out more about Authority: 49 U.S.C. 106(f), 106(g), 1155, environmental, and other issues and to 40101, 40103, 40105, 40113, 40120, 44101, SBREFA on the internet, visit http:// 44111, 44701, 44704, 44709, 44711, 44712, reduce, eliminate, or prevent www.faa.gov/regulations_policies/ unnecessary differences in regulatory _ 44715, 44716, 44717, 44722, 46306, 46315, rulemaking/sbre act/. 46316, 46504, 46506–46507, 47122, 47508, requirements. The FAA has analyzed List of Subjects 47528–47531, 47534, Pub. L. 114–190, 130 this action under the policies and Stat. 615 (49 U.S.C. 44703 note); articles 12 agency responsibilities of Executive 14 CFR Part 61 and 29 of the Convention on International Order 13609, and has determined that Civil Aviation (61 Stat. 1180), (126 Stat. 11). Aircraft, Airmen, Aviation safety, this action will have no effect on Reporting and recordkeeping ■ 4. Amend § 91.1063 by revising international regulatory cooperation. requirements. paragraph (b) to read as follows:

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§ 91.1063 Testing and training: 44711, 44713, 44716–44717, 44722, 44729, (c) A Level B or higher FFS may be Applicability and terms used. 44732; 46105; Pub. L. 111–216, 124 Stat. used instead of the airplane to satisfy * * * * * 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, the inflight requirements of §§ 121.439 (b) If authorized by the Administrator, 126 Stat. 62 (49 U.S.C. 44732 note). and 121.441 and appendices E and F of a program manager may comply with ■ 6. Amend § 121.400 by: this part, if the FFS— the applicable training and testing ■ a. Revising paragraphs (a) and (c)(3); (1) Is approved under this section and sections of part 121, subparts N and O ■ b. Redesignating paragraphs (c)(4) meets the appropriate FFS requirements of this chapter instead of §§ 91.1065 through (11) as paragraphs (c)(5) of appendix H of this part; and through 91.1107, provided that the through (12), respectively; and (2) Is used as part of an approved following additional limitations and ■ c. Adding a new paragraph (c)(4). program that meets the training allowances apply to program managers The revisions and addition read as requirements of §§ 121.424 (a) and (c), so authorized: follows: 121.426, and appendix H of this part. (1) Operating experience and § 121.400 Applicability and terms used. (d) An FFS approved under this operations familiarization. Program (a) This subpart prescribes the section must be used instead of the managers are not required to comply requirements applicable to each airplane to satisfy the pilot flight with the operating experience certificate holder for establishing and training requirements prescribed in the requirements of § 121.434 or the maintaining a training program for certificate holder’s approved low- operations familiarization requirements crewmembers, aircraft dispatchers, and altitude windshear flight training of § 121.435 of this chapter. other operations personnel, and for the program set forth in § 121.409(d) of this (2) Upgrade training. (i) Each program approval and use of flight simulation part. manager must include in upgrade (e) An FFS approved under this training devices and training equipment ground training for pilots, instruction in section must be used instead of the in the conduct of the program. at least the subjects identified in airplane to satisfy the pilot flight § 121.419(a) of this chapter, as * * * * * training requirements prescribed in the applicable to their assigned duties; and, (c) * * * extended envelope training set forth in (3) Upgrade training. The training for pilots serving in crews of two or § 121.423 of this part. Compliance with required for flightcrew members who more pilots, beginning on April 27, this paragraph is required no later than have qualified and served as second in 2022, instruction and facilitated March 12, 2019. command on a particular airplane type, discussion in the subjects identified in ■ before they serve as pilot in command 10. Amend § 121.409 by: § 121.419(c) of this chapter. ■ a. Revising the section heading and (ii) Each program manager must on that airplane. (4) Conversion training. The training paragraphs (a), (b) introductory text, include in upgrade flight training for required for flightcrew members who (b)(1), (b)(2)(ii)(B), and (b)(2)(ii)(B)(4) pilots, flight training for the maneuvers have qualified and served as flight and (5); and procedures required in § 121.424(a), ■ engineer on a particular airplane type, b. Adding paragraph (b)(2)(ii)(B)(6); (c), (e), and (f) of this chapter; and, for ■ before they serve as second in command c. Removing the undesignated pilots serving in crews of two or more on that airplane. paragraph following paragraph (b)(3); pilots, beginning on April 27, 2022, the and flight training required in § 121.424(b) * * * * * ■ d. Revising paragraphs (c)(1) and (2) of this chapter. ■ 7. Amend § 121.401 by revising and (d). (3) Initial and recurrent leadership paragraph (a)(4) to read as follows: The revisions and addition read as and command and mentoring training. § 121.401 Training program: General. follows: Program managers are not required to include leadership and command (a) * * * § 121.409 Training courses using flight (4) Provide enough flight instructors simulation training devices. training in §§ 121.409(b)(2)(ii)(B)(6), and approved check airmen to conduct 121.419(c)(1), 121.424(b) and (a) Training courses utilizing FSTDs the flight training and checks required 121.427(d)(1) of this chapter, and may be included in the certificate under this part. mentoring training in §§ 121.419(c)(2) holder’s approved training program for and 121.427(d)(1) of this chapter in * * * * * use as provided in this section. (b) Except for the airline transport initial and recurrent training for pilots § 121.403 [Amended] in command who serve in operations pilot certification training program ■ that use only one pilot. 8. Amend § 121.403(b)(4) by removing approved to satisfy the requirements of (4) One-time leadership and the words ‘‘airplane simulators or other § 61.156 of this chapter, a course of command and mentoring training. training devices’’ and add in their place training in an FFS may be included for Section 121.429 of this chapter does not the word ‘‘FSTDs’’. use as provided in § 121.441 if that apply to program managers conducting ■ 9. Amend § 121.407 revising the course— operations under this subpart when section heading and paragraphs (a) (1) Provides at least 4 hours of those operations use only one pilot. introductory text and (b) through (e) to training at the pilot controls of an FFS as well as a proper briefing before and * * * * * read as follows: after the training. PART 121—OPERATING § 121.407 Training program: Approval of (2) * * * flight simulation training devices. REQUIREMENTS: DOMESTIC, FLAG, (ii) * * * AND SUPPLEMENTAL OPERATIONS (a) Each FSTD used to satisfy a (B) Except as provided in paragraph training requirement of this part in an (b)(2)(ii)(B)(6) of this section, beginning ■ 5. The authority citation for part 121 approved training program, must meet on March 12, 2019 continues to read as follows: all of the following requirements: * * * * * Authority: 49 U.S.C. 106(f), 106(g), 40103, * * * * * (4) Is representative of two flight 40113, 40119, 41706, 42301 preceding note (b) A particular FSTD may be segments appropriate to the operations added by Pub. L. 112–95, sec. 412, 126 Stat. approved for use by more than one being conducted by the certificate 89, 44101, 44701–44702, 44705, 44709– certificate holder. holder;

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(5) Provides an opportunity to ■ a. In paragraphs (a)(2), (c)(8) or the programmed hours of ground demonstrate workload management and introductory text, (c)(8)(iv), (d)(2) instruction or inflight training may be pilot monitoring skills; and introductory text, and (d)(2)(iv) by reduced, as provided in § 121.405. (6) Beginning on April 27, 2023, removing the words ‘‘flight simulator’’ (h) In addition to initial, transition, provides an opportunity for each pilot and adding in their place the word conversion, upgrade, recurrent and in command to demonstrate leadership ‘‘FFS’’; differences training, each training and command skills. ■ b. In paragraph (e)(3)(i), by removing program must also provide ground and (c) * * * the word ‘‘In-flight’’ and adding in its flight training, instruction, and practice (1) A course of pilot training in an place the word ‘‘Inflight’’; and as necessary to insure that each FFS as provided in § 121.424(d); or ■ c. In paragraph (f), by removing the crewmember and aircraft dispatcher— (2) A course of flight engineer training words ‘‘in flight’’ and adding in their * * * * * in an FSTD as provided in § 121.425(d). place the word ‘‘inflight’’; (d) Each certificate holder required to ■ d. In paragraphs (f), (g) introductory (j) Each training program must comply with § 121.358 of this part must text, (g)(1), and (h), by removing the include methods for remedial training use an approved FFS for each airplane words ‘‘flight simulator’’ and adding in and tracking of pilots identified in the type in each of its pilot training courses their place the word ‘‘FFS’’. analysis performed in accordance with that provides training in at least the ■ e. In paragraph (g)(2), by removing the paragraph (i) of this section. procedures and maneuvers set forth in words ‘‘flight simulators’’ and adding in (k) Compliance with paragraphs (i) the certificate holder’s approved low- their place the word ‘‘FFSs’’; and and (j) of this section is required no later altitude windshear flight training ■ f. In paragraph (h), by removing the than March 12, 2019. program. The approved low-altitude words ‘‘flight simulator’’ and adding in § 121.417 [Amended] windshear flight training, if applicable, their place the word ‘‘FFS’’. must be included in each of the pilot ■ 15. Amend § 121.415 by: ■ 16. Amend § 121.417 in paragraph flight training courses prescribed in ■ a. Revising paragraphs (b) and (e); (b)(3)(ii) by removing the words ‘‘in §§ 121.409(b), 121.418, 121.424, ■ b. Redesignating paragraphs (f) flight’’ and adding in their place the 121.426, and 121.427 of this part. through (j) as paragraphs (g) through (k), word ‘‘inflight’’. respectively; ■ § 121.411 [Amended] 17. Amend § 121.418 by revising ■ c. Adding a new paragraph (f); and paragraphs (a)(2) and (c) to read as ■ ■ 11. Amend § 121.411 in paragraphs d. Revising newly redesignated follows: (a)(1) and (2) and (f)(1) and (2) by paragraphs (g), (h) introductory text, (j), removing the words ‘‘flight simulator’’ and (k). § 121.418 Differences training and related and adding in their place the word The revisions and addition read as aircraft differences training. ‘‘FFS’’ and in paragraph (b)(4) by follows: (a) * * * removing the word ‘‘in-flight’’ and § 121.415 Crewmember and dispatcher (2) Differences training for all adding in its place the word ‘‘inflight’’. training program requirements. variations of a particular type airplane § 121.412 [Amended] * * * * * may be included in initial, transition, conversion, upgrade, and recurrent ■ (b) Each training program must 12. Amend § 121.412 in paragraphs training for the airplane. (a)(1) and (2) and (f)(1) and (2) by provide the flight training specified in * * * * * removing the words ‘‘flight simulator’’ §§ 121.424 through 121.426, as and adding in their place the word applicable. (c) Approved related aircraft ‘‘FFS’’ and in paragraph (b)(4) by * * * * * differences training. Approved related removing the word ‘‘in-flight’’ and (e) Upgrade training: aircraft differences training for adding in its place the word ‘‘inflight’’. (1) Upgrade training as specified in flightcrew members may be included in §§ 121.420 and 121.426 for a particular initial, transition, conversion, upgrade § 121.413 [Amended] type airplane may be included in the and recurrent training for the base ■ 13. Amend § 121.413: training program for flightcrew members aircraft. If the certificate holder’s ■ a. In paragraphs (a)(2), (c)(7) who have qualified and served as approved training program includes introductory text, (c)(7)(iv), (d)(2) second in command pilot on that related aircraft differences training in introductory text, (d)(2)(iv), and (f) by airplane; or accordance with paragraph (b) of this removing the words ‘‘flight simulator’’ (2) Before April 27, 2022, upgrade section, the training required by and adding in their place the word training as specified in §§ 121.419 and §§ 121.419, 121.420, 121.424, 121.425, ‘‘FFS’’; 121.424 for a particular type airplane 121.426, and 121.427, as applicable to ■ b. In paragraph (f), by removing the may be included in the training program flightcrew members, may be modified words ‘‘in flight’’ and adding in their for flightcrew members who have for the related aircraft. place the word ‘‘inflight’’; qualified and served as second in ■ 18. Amend § 121.419 by: ■ c. In paragraphs (g) introductory text command pilot on that airplane. ■ a. Revising the section heading and and (g)(1) by removing the words ‘‘flight (f) Conversion training as specified in paragraphs (a) introductory text and (b) simulator’’ and adding in their place the §§ 121.419 and 121.424 for a particular introductory text; type airplane may be included in the word ‘‘FFS’’; ■ b. Redesignating paragraphs (c) ■ c. In paragraph (g)(2) by removing the training program for flightcrew members through (e) as paragraphs (d) through (f), words ‘‘flight simulators’’ and adding in who have qualified and served as flight respectively; engineer on that airplane. their place ‘‘FFSs’’; and ■ ■ d. In paragraph (h) by removing the (g) Particular subjects, maneuvers, c. Adding new paragraph (c); words ‘‘flight simulator’’ and adding in procedures, or parts thereof specified in ■ d. Revising newly redesignated their place the word ‘‘FFS’’. §§ 121.419, 121.420, 121.421, 121.422, paragraph (f)(2); and 121.424, 121.425, and 121.426 for ■ e. Adding paragraph (g). § 121.414 [Amended] transition, conversion or upgrade The revisions and additions read as ■ 14. Amend § 121.414: training, as applicable, may be omitted, follows:

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§ 121.419 Pilots and flight engineers: ground training must include this section must include at least the Initial, transition, conversion and upgrade instruction and facilitated discussion on following programmed hours of inflight ground training. the following: training and practice unless reduced (a) Except as provided in paragraph (1) Leadership and command, under § 121.405; (b) of this section, initial and conversion including flightcrew member duties * * * * * ground training for pilots and initial and under § 121.542; and (e) If the certificate holder’s approved transition ground training for flight (2) Mentoring, including techniques training program includes a course of engineers, must include instruction in at for reinforcing the highest standards of training utilizing an FFS under least the following as applicable to their technical performance, airmanship, and § 121.409 (c) and (d) of this part, each assigned duties: professional development in newly pilot must successfully complete— * * * * * hired pilots. (1) * * * (b) Initial and conversion ground (c) Compliance date: Beginning on (i) Training and practice in the FFS in training for pilots who have completed April 27, 2022, upgrade ground training at least all of the maneuvers and the airline transport pilot certification must satisfy the requirements of this procedures set forth in appendix E of training program in § 61.156 of this section. this part for initial flight training that chapter, and transition ground training are capable of being performed in an § 121.423 [Amended] for pilots, must include instruction in at FFS; and least the following as applicable to their ■ 20. Amend § 121.423 in the section (ii) A proficiency check in the FFS or assigned duties: heading by removing the word ‘‘Pilot’’ the airplane to the level of proficiency * * * * * and adding in its place the word of a pilot in command or second in (c) Beginning on April 27, 2022, and ‘‘Pilots’’. command, as applicable, in at least the in addition to the requirements in ■ 21. Amend § 121.424 by: maneuvers and procedures set forth in paragraph (a) or (b) of this section, as ■ a. Revising the section heading and appendix F of this part that are capable applicable, initial ground training for paragraph (a) introductory text; of being performed in an FFS. pilots in command must include ■ b. Redesignating paragraphs (b) (2) With respect to § 121.409(d) of this instruction and facilitated discussion on through (e) as paragraphs (c) through (f), part, training and practice in at least the the following: respectively; maneuvers and procedures set forth in (1) Leadership and command, ■ c. Adding new paragraph (b); the certificate holder’s approved low- including flightcrew member duties ■ d. Revising newly redesignated altitude windshear flight training under § 121.542; and paragraphs (c)(1) and (3), (d) program that are capable of being (2) Mentoring, including techniques introductory text, (e) introductory text, performed in an FFS in which the for instilling and reinforcing the highest (e)(1)(i) and (ii), and (e)(2); and maneuvers and procedures are standards of technical performance, ■ e. Adding paragraph (g). specifically authorized. airmanship, and professionalism in The revisions and additions read as * * * * * newly hired pilots. follows: (g) Before April 27, 2022, upgrade flight training must be provided in * * * * * § 121.424 Pilots: Initial, transition, (f) * * * conversion, and upgrade flight training. accordance with paragraphs (a), (c), (e), (2) Beginning March 12, 2019, initial and (f), of this section or § 121.426. (a) Initial, transition, and conversion programmed hours applicable to pilots Beginning on April 27, 2022, upgrade flight training for pilots must include as specified in paragraphs (d) and (e) of flight training must be provided as the following: this section must include 2 additional specified in § 121.426. hours. * * * * * ■ 22. Amend § 121.425 as follows: (g) Before April 27, 2022, upgrade (b) Beginning on April 27, 2022, in ■ a. In paragraphs (a)(1) and (a)(2)(iii), ground training must include either the addition to the requirements in remove the comma after the word instruction specified in paragraph (a) of paragraph (a) of this section, initial ‘‘inflight’’ and remove the words ‘‘in an this section or the instruction specified flight training for pilots in command airplane simulator, or in a training in § 121.420. Beginning on April 27, must include sufficient scenario-based device’’ and add in their place the 2022, upgrade ground training must training incorporating CRM and words ‘‘or in an FSTD’’; include the instruction specified in leadership and command skills, to ■ b. By redesignating paragraphs (b) and § 121.420. ensure the pilot’s proficiency as pilot in (c) as paragraphs (c) and (d), command. The training required by this ■ 19. Add § 121.420 to read as follows: respectively; paragraph may be completed inflight or ■ c. By designating the undesignated § 121.420 Pilots: Upgrade ground training. in an FSTD. paragraph that follows paragraph (a) Upgrade ground training must (c) * * * (a)(2)(iii) as paragraph (b) and revising include instruction in at least the (1) That windshear maneuvers and it; following subjects as applicable to the procedures must be performed in an ■ d. In newly redesignated paragraph duties assigned to the pilot in FFS in which the maneuvers and (c), by removing the reference to command: procedures are specifically authorized ‘‘paragraph (c)’’ and adding in its place (1) Seat dependent procedures, as to be accomplished; ‘‘paragraph (d)’’; applicable; * * * * * ■ e. In newly redesignated paragraph (d) (2) Duty position procedures, as (3) To the extent that certain other introductory text, by removing the applicable; and maneuvers and procedures may be words ‘‘airplane simulator or other (3) Crew resource management, performed in an FFS, an FTD, or a static training device’’ and adding in their including decision making, authority airplane as permitted in appendix E to place the word ‘‘FSTD’’ and removing and responsibility, and conflict this part. the words ‘‘simulator or other training resolution. (d) Except as permitted in paragraph device’’ and adding in their place the (b) In addition to the requirements in (e) of this section, the initial flight word ‘‘FSTD’’. paragraph (a) of this section, upgrade training required by paragraph (a)(1) of The revision reads as follows:

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§ 121.425 Flight engineers: Initial and § 121.409(c) and (d), each pilot must must consist of at least the following transition flight training. successfully complete— programmed hours of instruction in the * * * * * (1) With respect to § 121.409(c)—A required subjects specified in paragraph (b) Flight engineers possessing a proficiency check in the FFS or the (b) of this section unless reduced under commercial pilot certificate with an airplane to the level of proficiency of a § 121.405: instrument, category and class rating, or pilot in command in at least the (1) For pilots— pilots already qualified as second in maneuvers and procedures set forth in (i) Group I reciprocating powered command and reverting to flight Appendix F of this part that are capable airplanes, 15 hours; engineer, may complete the entire flight of being performed in an FFS. (ii) Group I turbopropeller powered check, required by paragraph (a)(2) of (2) With respect to § 121.409(d), airplanes, 19 hours; and this section, in an approved FFS. training and practice in at least the (iii) Group II airplanes, 24 hours. * * * * * maneuvers and procedures set forth in (2) For flight engineers— ■ 23. Add § 121.426 to read as follows: the certificate holder’s approved low- (i) Group I, reciprocating powered altitude windshear flight training airplanes, 16 hours; § 121.426 Pilots: Upgrade flight training. program that are capable of being (ii) Group I turbopropeller powered (a) Upgrade flight training for pilots performed in an FFS in which the airplanes, 20 hours; and must include the following: maneuvers and procedures are (iii) Group II airplanes, 25 hours. (1) Seat dependent maneuvers and specifically authorized. (3) For flight attendants— procedures, as applicable; (d) Compliance dates: Beginning on (i) Group I reciprocating powered (2) Duty position maneuvers and April 27, 2022, upgrade flight training airplanes, 4 hours; procedures, as applicable; must satisfy the requirements of this (ii) Group I turbopropeller powered (3) Extended envelope training set section. airplanes, 5 hours; and forth in § 121.423; ■ 24. Amend § 121.427 as follows: (iii) Group II airplanes, 12 hours. (4) Maneuvers and procedures set ■ a. Revise paragraphs (a), (b)(2) and (4), (4) For aircraft dispatchers— forth in the certificate holder’s low and (c); (i) Group I reciprocating powered altitude windshear flight training ■ b. Redesignate paragraphs (d) and (e) airplanes, 8 hours; program; as paragraphs (e) and (f), respectively; (ii) Group I turbopropeller powered (5) Sufficient scenario-based training ■ c. Add new paragraph (d); and airplanes, 10 hours; and incorporating CRM and leadership and ■ d. Revise newly redesignated (iii) Group II airplanes, 20 hours. command skills, to ensure the pilot’s paragraphs (e)(1)(ii), (e)(2)(ii), and (f)(1). (d) Recurrent ground training for proficiency as pilot in command; and The revisions and additions read as pilots serving as pilot in command: (6) Sufficient training to ensure the follows: (1) Within 36 months preceding pilot’s knowledge and skill with respect service as pilot in command, each to the following: § 121.427 Recurrent training. person must complete recurrent ground (i) The airplane, its systems and (a) Recurrent training must ensure training on leadership and command components; that each crewmember or aircraft and mentoring. This training is in (ii) Proper control of airspeed, dispatcher is adequately trained and addition to the ground training required configuration, direction, altitude, and currently proficient with respect to the in paragraph (b) of this section and the attitude in accordance with the Airplane type airplane (including differences programmed hours required in Flight Manual, the certificate holder’s training, if applicable) and crewmember paragraph (c) of this section. This operations manual, checklists, or other position involved. training must include instruction and approved material appropriate to the (b) * * * facilitated discussion on the following: airplane type; and (2) Instruction as necessary in the (i) Leadership and command, (iii) Compliance with ATC, following: including instruction on flightcrew instrument procedures, or other (i) For pilots, the subjects required for member duties under § 121.542; and applicable procedures. ground training by §§ 121.415(a)(1), (3), (ii) Mentoring, including techniques (b) The training required by paragraph and (4) and 121.419(b); for instilling and reinforcing the highest (a) of this section must be performed (ii) For flight engineers, the subjects standards of technical performance, inflight except— required for ground training by airmanship, and professionalism in (1) That windshear maneuvers and §§ 121.415(a)(1), (3), and (4) and newly hired pilots. procedures must be performed in an 121.419(a); (2) The requirements of paragraph FFS in which the maneuvers and (iii) For flight attendants, the subjects (d)(1) do not apply until after a pilot has procedures are specifically authorized required for ground training by completed ground training on to be accomplished; §§ 121.415(a)(1), (3), and (4) and leadership and command and (2) That the extended envelope 121.421(a); and mentoring, as required by §§ 121.419, training required by § 121.423 must be (iv) For aircraft dispatchers, the 121.420 and 121.429, as applicable. performed in a Level C or higher FFS subjects required for ground training by (e) * * * unless the Administrator has issued to §§ 121.415(a)(1) and (4) and 121.422(a). (1) * * * the certificate holder a deviation in * * * * * (ii) Flight training in an approved FFS accordance with § 121.423(e); and (4) For crewmembers, CRM training in maneuvers and procedures set forth (3) To the extent that certain other and for aircraft dispatchers, DRM in the certificate holder’s approved low- maneuvers and procedures may be training. For flightcrew members, CRM altitude windshear flight training performed in an FFS, an FTD, or a static training or portions thereof may be program and flight training in airplane as permitted in Appendix E of accomplished during an approved FFS maneuvers and procedures set forth in this part. line-oriented flight training (LOFT) Appendix F of this part, or in a flight (c) If the certificate holder’s approved session. training program approved by the training program includes a course of (c) Recurrent ground training for Administrator, except as follows— training utilizing an FFS under crewmembers and aircraft dispatchers * * * * *

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(2) * * * §§ 121.419, 121.420, 121.427, and (1) * * * (ii) The flight check, other than the 121.429, as applicable, a pilot who (ii) For a qualifying pilot in command preflight inspection, may be conducted serves as second in command of an completing initial or upgrade training in an FSTD. The preflight inspection operation that requires three or more specified in § 121.424 or § 121.426, be may be conducted in an airplane, or by pilots must be fully qualified to act as observed in the performance of using an approved pictorial means that pilot in command of that operation. prescribed duties by an FAA inspector realistically portrays the location and * * * * * during at least one flight leg which detail of preflight inspection items and ■ 28. Amend § 121.433 by revising includes a takeoff and landing. During provides for the portrayal of abnormal paragraphs (a)(2) and (c)(2) to read as the time that a qualifying pilot in conditions. Satisfactory completion of follows: command is acquiring the operating an approved line-oriented flight training experience in paragraphs (c)(l)(i) and (ii) may be substituted for the flight check. § 121.433 Training required. of this section, a check pilot who is also (f) * * * (a) * * * serving as the pilot in command must (1) Compliance with the requirements (2) Crewmembers who have qualified occupy a pilot station. However, in the identified in paragraph (e)(1)(i) of this and served as second in command or case of a transitioning pilot in command section is required no later than March flight engineer on a particular type the check pilot serving as pilot in 12, 2019. airplane may serve as pilot in command command may occupy the observer’s * * * * * or second in command, respectively, seat, if the transitioning pilot has made ■ 25. Add § 121.429 to subpart N to read upon completion of upgrade or at least two takeoffs and landings in the as follows: conversion training, as applicable, for type airplane used, and has that airplane as provided in § 121.415. satisfactorily demonstrated to the check § 121.429 Pilots in command: Leadership * * * * * pilot that he is qualified to perform the and command and mentoring training. (c) * * * duties of a pilot in command of that (a) Beginning on April 27, 2023, no (2) For pilots, a proficiency check as type of airplane. certificate holder may use a pilot as provided in § 121.441 of this part may * * * * * pilot in command in an operation under be substituted for the recurrent flight (3) * * * this part unless the pilot has completed training required by this paragraph and (iii) In the case of transition training the following ground training in the approved FFS course of training where the certificate holder’s approved accordance with the certificate holder’s under § 121.409(b) of this part may be training program includes a course of approved training program: substituted for alternate periods of training in an FFS under § 121.409(c), (1) Leadership and command training recurrent flight training required in that each pilot in command must comply in § 121.419(c)(1) and mentoring airplane, except as provided in with the requirements prescribed in training in § 121.419(c)(2); or paragraphs (d) and (e) of this section. paragraph (c)(3)(i) of this section for (2) Leadership and command training * * * * * initial training. in § 121.420(b)(1) and mentoring ■ * * * * * training in § 121.420(b)(2). 29. Amend § 121.434 by revising ■ 30. Add § 121.435 to read as follows: (b) Credit for training provided by the paragraph (b)(3), adding paragraph certificate holder: (b)(4), and revising paragraphs (c)(1)(ii) § 121.435 Pilots: Operations (1) The Administrator may credit and (c)(3)(iii) to read as follows: Familiarization. leadership and command training and § 121.434 Operating experience, operating (a) Applicability. The operations mentoring training completed by the cycles, and consolidation of knowledge and familiarization requirements in pilot, with that certificate holder, after skills. paragraph (b) of this section apply to all April 27, 2017, and prior to April 27, * * * * * persons newly hired by the certificate 2020, toward all or part of the training (b) * * * holder to serve as a pilot in part 121 required by paragraph (a) of this section. (3) In the case of a pilot who operations and who began the certificate (2) In granting credit for the training satisfactorily completed the preflight holder’s basic indoctrination ground required by paragraph (a) of this section, visual inspection of an aircraft by training on or after April 27, 2022. The the Administrator may consider training approved pictorial means during an requirements in paragraph (b) of this aids, devices, methods, and procedures initial, transition, conversion, or section also apply to all certificate used by the certificate holder in upgrade proficiency check, the pilot holders required to comply with this voluntary leadership and command and must also demonstrate proficiency to a subpart, except for those certificate mentoring instruction. check pilot on at least one complete holders operating under part 135 of this ■ 26. Amend § 121.431 by revising preflight visual inspection of the chapter that have been authorized to paragraph (a)(1) to read as follows: interior and exterior of a static airplane. comply with this subpart instead of the This demonstration of proficiency must requirements of part 135, subparts E, G, § 121.431 Applicability. be completed by the pilot and certified and H, pursuant to § 135.3(c), and those (a) * * * by the check pilot before the completion fractional ownership program managers (1) Prescribes crewmember of operating experience. operating under part 91, subpart K, of qualifications for all certificate holders (4) The experience must be acquired this chapter that have been authorized except where otherwise specified; and inflight during operations under this to comply with this subpart instead of * * * * * part. However, in the case of an aircraft §§ 91.1065 through 91.1107, pursuant to ■ 27. Amend § 121.432 by revising not previously used by the certificate § 91.1063(b) of this chapter. paragraph (a) to read as follows: holder in operations under this part, (b) Operations familiarization operating experience acquired in the requirements. (1) No certificate holder § 121.432 General. aircraft during proving flights or ferry may use, and no person may serve as, (a) Except in the case of operating flights may be used to meet this a pilot in operations under this part experience under § 121.434 and ground requirement. unless that person has completed the training for mentoring required by (c) * * * operations familiarization required by

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this paragraph (b). Operations the three required takeoffs and landings (2) * * * familiarization may be completed within any consecutive 90-day period (i) Within the preceding 24 calendar during or after basic indoctrination must re-establish recency of experience months either a proficiency check or the training, but must be completed before as provided in paragraph (b) of this line-oriented flight training course the pilot begins operating experience section. under § 121.409; and under § 121.434. (b) In addition to meeting all (ii) Within the preceding 12 calendar (2) Operations familiarization must applicable training and checking months, either a proficiency check or include at least two operating cycles requirements of this part, a required any FFS training course under § 121.409 conducted by the certificate holder in pilot flightcrew member who has not * * * * * accordance with the operating rules of met the requirements of paragraph (a) of (c) An approved FFS or FTD may be this part. this section must re-establish recency of used in the conduct of a proficiency (3) All pilots completing operations experience as follows: check as provided in appendix F to this familiarization must occupy the (1) Under the supervision of a check part. observer seat on the flight deck and airman, make at least three takeoffs and (d) A person giving a proficiency have access to and use an operational landings in the type airplane in which check may, in his or her discretion, headset. that person is to serve or in a Level B waive any of the maneuvers or (c) Deviation. (1) A certificate holder or higher FFS. procedures for which a specific waiver who operates an aircraft that does not * * * * * authority is set forth in Appendix F of have an observer seat on the flight deck (d) When using an FFS to accomplish this part if the conditions in paragraphs may submit a request to the any of the requirements of paragraphs (d)(1) through (3) of this section are Administrator for approval of a (a) or (b) of this section, each required satisfied: deviation from the requirements of flightcrew member position must be (1) The Administrator has not paragraphs (a) and (b) of this section. occupied by an appropriately qualified specifically required the particular (2) A request for deviation from any person, and the FFS must be operated maneuver or procedure to be performed. of the requirements in paragraphs (a) as if in a normal inflight environment (2) The pilot being checked is, at the and (b) of this section must include the without use of the repositioning features time of the check, employed by a following information: of the FFS. certificate holder as a pilot. (i) The total number and types of (e) A check airman who observes the (3) The pilot being checked meets one aircraft operated by the certificate takeoffs and landings prescribed in of the following conditions: holder in operations under this part that paragraph (b)(1) of this section shall (i) The pilot is currently qualified for do not have an observer seat on the certify that the person being observed is operations under this part in the flight deck; proficient and qualified to perform particular type airplane and flightcrew (ii) The total number and types of flight duty in operations under this part member position. aircraft operated by the certificate and may require any additional (ii) The pilot has, within the holder in operations under this part that maneuvers that are determined preceding six calendar months, do have an observer seat on the flight necessary to make this certifying satisfactorily completed an approved deck; and statement. training curriculum, except for an (iii) Alternative methods for achieving (f) * * * upgrade training curriculum in the objectives of this section. (2) * * * (3) A certificate holder may request an (ii) The number of takeoffs, landings, accordance with §§ 121.420 and extension of a deviation issued under maneuvers, and procedures necessary to 121.426, for the particular type airplane. this section. maintain or re-establish recency based (e) If the pilot being checked fails any (4) Deviations or extensions to on review of the related aircraft, the of the required maneuvers, the person deviations will be issued for a period operation, and the duty position. giving the proficiency check may give not to exceed 12 months. additional training to the pilot during * * * * * the course of the proficiency check. In ■ 31. Amend § 121.439 as follows: ■ 32. Amend § 121.441 by revising addition to repeating the maneuvers ■ a. Revise paragraphs (a), (b) paragraphs (a) introductory text, failed, the person giving the proficiency introductory text, and (b)(1); (a)(1)(i)(B), (a)(1)(ii)(B), (a)(2)(i) and (ii), check may require the pilot being ■ b. Remove and reserve paragraph (c); and (c) through (e) to read as follows: and checked to repeat any other maneuvers ■ c. Revise paragraphs (d), (e), and § 121.441 Proficiency checks. he finds are necessary to determine the (f)(2)(ii). (a) No certificate holder may use any pilot’s proficiency. If the pilot being The revisions read as follows: person nor may any person serve as a checked is unable to demonstrate required pilot flight crewmember unless satisfactory performance to the person § 121.439 Pilot qualification: Recent conducting the check, the certificate experience. that person has satisfactorily completed either a proficiency check, or an holder may not use him nor may he (a) No certificate holder may use any approved FFS course of training under serve in operations under this part until person nor may any person serve as a § 121.409, as follows: he has satisfactorily completed a required pilot flightcrew member, (1) * * * proficiency check. unless within the preceding 90 days, (i) * * * * * * * * that person has made at least three (B) In addition, within the preceding ■ 33. Revise appendix E to part 121 to takeoffs and landings in the type 6 calendar months, either a proficiency read as follows: airplane in which that person is to check or the approved FFS course of serve. The takeoffs and landings training. Appendix E to Part 121—Flight required by this paragraph may be (ii) * * * Training Requirements performed in a Level B or higher FFS (B) In addition, within the preceding (a) The maneuvers and procedures approved under § 121.407 to include 6 calendar months, either a proficiency required by § 121.424 for pilot initial, takeoff and landing maneuvers. In check or the approved FFS course of transition, and conversion flight training are addition, any person who fails to make training. set forth in the certificate holder’s approved

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low-altitude windshear flight training maneuvers and procedures must be (d) A Level B or higher FFS may be used program, § 121.423 extended envelope performed in a full flight simulator (FFS) in instead of the airplane to satisfy the inflight training, and in this appendix. The which the maneuvers and procedures are requirements if the FFS is approved under maneuvers and procedures required for specifically authorized to be accomplished. § 121.407 and is used as part of an approved upgrade training in accordance with Certain other maneuvers and procedures may program that meets the requirements for an § 121.424 are set forth in this appendix and be performed in an FFS, an FTD, or a static Advanced Simulation Training Program in in the certificate holder’s approved low- airplane as indicated by the appropriate altitude windshear flight training program Appendix H of this part. symbol in the respective column opposite the and § 121.423 extended envelope training. (e) For the purpose of this appendix, the For the maneuvers and procedures required maneuver or procedure. following symbols mean— (c) Whenever a maneuver or procedure is for upgrade training in accordance with I = Pilot in Command (PIC) and Second in authorized to be performed in an FTD, it may § 121.426, this appendix designates the Command (SIC) initial training airplane or FSTD, as appropriate, that may be be performed in an FFS, and in some cases, T = PIC and SIC transition training used. a static airplane. Whenever the requirement (b) All required maneuvers and procedures may be performed in either an FTD or a static U = SIC to PIC upgrade training must be performed inflight except that airplane, the appropriate symbols are entered C = Flight engineer (FE) to SIC conversion windshear and extended envelope training in the respective columns. training

Static Maneuvers/procedures Inflight airplane FFS FTD

As appropriate to the airplane and the operation involved, flight training for pilots must include the following maneuvers and procedures. I. Preflight: (a) Visual inspection of the exterior and interior of the airplane, the location of ...... I, T, U, C. each item to be inspected, and the purpose for inspecting it. The visual in- spection may be conducted using an approved pictorial means that realisti- cally portrays the location and detail of visual inspection items and pro- vides for the portrayal of normal and abnormal conditions. (b) Use of the prestart checklist, appropriate control system checks, starting ...... I, T, U, C. procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight. (c)(1) Before March 12, 2019, taxiing, sailing, and docking procedures in I, T, U, C. compliance with instructions issued by ATC or by the person conducting the training. (2) Taxiing. Beginning March 12, 2019, this maneuver includes the fol- lowing: (i) Taxiing, sailing, and docking procedures in compliance with in- I, T, U, C. structions issued by ATC or by the person conducting the training. (ii) Use of airport diagram (surface movement chart) ...... I, T, U, C. (iii) Obtaining appropriate clearance before crossing or entering ac- I, T, U, C. tive runways. (iv) Observation of all surface movement guidance control markings I, T, U, C. and lighting. (d)(1) Before March 12, 2019, pre-takeoff checks that include powerplant ...... I, T, U, C. checks. (2) Beginning March 12, 2019, pre-takeoff procedures that include pow- ...... I, T, U, C. erplant checks, receipt of takeoff clearance and confirmation of aircraft location, and FMS entry (if appropriate) for departure runway prior to crossing hold short line for takeoff. II. Takeoffs: Training in takeoffs must include the types and conditions listed below but more than one type may be combined where appropriate: (a) Normal takeoffs which, for the purpose of this maneuver, begin when the I, T, U, C. airplane is taxied into position on the runway to be used. (b) Takeoffs with instrument conditions simulated at or before reaching an al- ...... I, T, U, C. titude of 100′ above the airport elevation. (c)(1) Crosswind takeoffs ...... I, T, U, C. (2) Beginning March 12, 2019, crosswind takeoffs including crosswind I, T, U, C. takeoffs with gusts if practicable under the existing meteorological, air- port, and traffic conditions. (d) Takeoffs with a simulated failure of the most critical powerplant— ...... I, T, U, C. (1) At a point after V1 and before V2 that in the judgment of the person ...... I, T, U, C. conducting the training is appropriate to the airplane type under the prevailing conditions; or (2) At a point as close as possible after V1 when V1 and V2 or V1 and ...... I, T, U, C. VR are identical; or (3) At the appropriate speed for nontransport category airplanes ...... I, T, U, C. (e) Rejected takeoffs accomplished during a normal takeoff run after reaching ...... I, T, U, C. a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direction and veloc- ity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane.

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Static Maneuvers/procedures Inflight airplane FFS FTD

(f) Night takeoffs. For pilots in transition training, this requirement may be I, T, U, C. met during the operating experience required under § 121.434 by per- forming a normal takeoff at night when a check airman serving as PIC is occupying a pilot station. III. Flight Maneuvers and Procedures: (a) Turns with and without spoilers ...... I, T, U, C. (b) Tuck and Mach buffet ...... I, T, U, C. (c) Maximum endurance and maximum range procedures ...... I, T, U, C. (d) Operation of systems and controls at the flight engineer station ...... I, T, U. (e) Runaway and jammed stabilizer ...... I, T, U, C. (f) Normal and abnormal or alternate operation of the following systems and procedures: (1) Pressurization ...... I, T, U, C. (2) Pneumatic ...... I, T, U, C. (3) Air conditioning ...... I, T, U, C. (4) Fuel and oil ...... I, T, U, C ...... I, T, U, C. (5) Electrical ...... I, T, U, C ...... I, T, U, C. (6) Hydraulic ...... I, T, U, C ...... I, T, U, C. (7) Flight control ...... I, T, U, C ...... I, T, U, C. (8) Anti-icing and deicing ...... I, T, U, C. (9) Autopilot ...... I, T, U, C. (10) Automatic or other approach aids ...... I, T, U, C. (11) Stall warning devices, stall avoidance devices, and stability aug- ...... I, T, U, C. mentation devices. (12) Airborne radar devices ...... I, T, U, C. (13) Any other systems, devices, or aids available ...... I, T, U, C. (14) Electrical, hydraulic, flight control, and flight instrument system mal- ...... I, T, U, C ...... I, T, U, C. functioning or failure. (15) Landing gear and flap systems failure or malfunction ...... I, T, U, C ...... I, T, U, C. (16) Failure of navigation or communications equipment ...... I, T, U, C. (g) Flight emergency procedures that include at least the following: (1) Powerplant, heater, cargo compartment, cabin, flight deck, wing, and ...... I, T, U, C ...... I, T, U, C. electrical fires. (2) Smoke control ...... I, T, U, C ...... I, T, U, C. (3) Powerplant failures ...... I, T ...... U, C. (4) Fuel jettisoning ...... I, T, U, C ...... I, T, U, C. (5) Any other emergency procedures outlined in the appropriate flight ...... I, T, U, C. manual. (h) Steep turns in each direction. Each steep turn must involve a bank angle ...... I, T, U, C. of 45° with a heading change of at least 180° but not more than 360°. This maneuver is not required for Group I transition training. (i) Stall Prevention. For the purpose of this training the approved recovery ...... I, T, U, C. procedure must be initiated at the first indication of an impending stall (buf- fet, stick shaker, aural warning). Stall prevention training must be con- ducted in at least the following configurations: (1) Takeoff configuration (except where the airplane uses only a zero- ...... I, T, U, C. flap takeoff configuration). (2) Clean configuration ...... I, T, U, C. (3) Landing configuration ...... I, T, U, C. (j) Recovery from specific flight characteristics that are peculiar to the air- ...... I, T, U, C. plane type. (k) Instrument procedures that include the following: (1) Area departure and arrival ...... I, T, U, C. (2) Use of navigation systems including adherence to assigned radials ...... I, T, U, C. (3) Holding ...... I, T, U, C. (l) ILS instrument approaches that include the following: (1) Normal ILS approaches ...... I, T, U, C. (2) Manually controlled ILS approaches with a simulated failure of one I ...... T, U, C. powerplant which occurs before initiating the final approach course and continues to touchdown or through the missed approach proce- dure. (m) Instrument approaches and missed approaches other than ILS which in- clude the following: (1) Nonprecision approaches that the pilot is likely to use ...... U, C ...... I, T. (2) In addition to subparagraph (1) of this paragraph, at least one other ...... I, T, U, C. nonprecision approach and missed approach procedure that the pilot is likely to use.

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Static Maneuvers/procedures Inflight airplane FFS FTD

In connection with paragraphs III(l) and III(m), each instrument approach must be performed according to any procedures and limitations approved for the ap- proach facility used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the runway or when transition to a missed ap- proach configuration is completed. (n) Circling approaches which include the following: I, T, U, C. (1) That portion of the circling approach to the authorized minimum alti- I, T, U, C. tude for the procedure being used must be made under simulated in- strument conditions. (2) The circling approach must be made to the authorized minimum cir- I, T, U, C. cling approach altitude followed by a change in heading and the nec- essary maneuvering (by visual reference) to maintain a flight path that permits a normal landing on a runway at least 90° from the final ap- proach course of the simulated instrument portion of the approach. (3) The circling approach must be performed without excessive maneu- I, T, U, C. vering, and without exceeding the normal operating limits of the air- plane. The angle of bank should not exceed 30°. Training in the circling approach maneuver is not required if the certificate hold- er’s manual prohibits a circling approach in weather conditions below 1000–3 (ceiling and visibility). (o) Zero-flap approaches. Training in this maneuver is not required for a par- I, C ...... T, U. ticular airplane type if the Administrator has determined that the probability of flap extension failure on that type airplane is extremely remote due to system design. In making this determination, the Administrator determines whether training on slats only and partial flap approaches is necessary. (p) Missed approaches which include the following: (1) Missed approaches from ILS approaches ...... I, T, U, C. (2) Other missed approaches ...... I, T, U, C. (3) Missed approaches that include a complete approved missed ap- ...... I, T, U, C. proach procedure. (4) Missed approaches that include a powerplant failure ...... I, T, U, C. IV. Landings and Approaches to Landings: Training in landings and approaches to landings must include the types and con- ditions listed below but more than one type may be combined where appro- priate: (a) Normal landings ...... I, T, U, C. (b) Landing and go around with the horizontal stabilizer out of trim ...... I, C ...... T ...... U. (c) Landing in sequence from an ILS instrument approach ...... I ...... T, U, C. (d)(1) Crosswind landing ...... I, T, U, C. (2) Beginning March 12, 2019, crosswind landing, including crosswind I, T, U, C. landings with gusts if practicable under the existing meteorological, air- port, and traffic conditions. (e) Maneuvering to a landing with simulated powerplant failure, as follows: (1) For 3-engine airplanes, maneuvering to a landing with an approved I, C ...... T, U. procedure that approximates the loss of two powerplants (center and one outboard engine). (2) For other multiengine airplanes, maneuvering to a landing with a sim- I, C ...... T, U. ulated failure of 50 percent of available powerplants with the simulated loss of power on one side of the airplane. (f) Landing under simulated circling approach conditions (exceptions under I ...... T, U, C. III(n) applicable to this requirement). (g) Rejected landings that include a normal missed approach procedure after I ...... T, U, C. the landing is rejected. For the purpose of this maneuver the landing should be rejected at approximately 50 feet and approximately over the runway threshold. (h) Zero-flap landings if the Administrator finds that maneuver appropriate for I, C ...... T, U. training in the airplane. (i) Manual reversion ...... I, T, U, C. (j) Night landings. For pilots in transition training, this requirement may be I, T, U, C. met during the operating experience required under § 121.434 by per- forming a normal landing at night when a check airman serving as PIC is occupying a pilot station.

■ 34. Revise appendix F to part 121 to Appendix F to Part 121—Proficiency for the equipment examination, these read as follows: Check Requirements maneuvers and procedures must be performed inflight. Certain maneuvers and (a) The maneuvers and procedures procedures may be performed in an FFS or required by § 121.441 for pilot proficiency an FTD as indicated by the appropriate checks are set forth in this appendix. Except

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symbol in the respective column opposite the B = Both Pilot in Command (PIC) and required in the airplane at the discretion of maneuver or procedure. Second in Command (SIC). the person conducting the check. (b) Whenever a maneuver or procedure is W = May be waived for both PIC and SIC, (e) Throughout the maneuvers and authorized to be performed in an FTD, it may except during a proficiency check conducted procedures prescribed in this appendix, good be performed in an FFS. to qualify a PIC after completing an upgrade judgment commensurate with a high level of (c) A Level B or higher FFS may be used safety must be demonstrated. In determining training curriculum in accordance with instead of the airplane to satisfy the inflight whether such judgment has been shown, the §§ 121.420 and 121.426. requirements if the FFS is approved under person conducting the check considers § 121.407 and is used as part of an approved * = A symbol and asterisk (B* or W*) adherence to approved procedures, actions program that meets the requirements for an indicates that a particular condition is based on analysis of situations for which Advanced Simulation Training Program in specified in the maneuvers and procedures there is no prescribed procedure or Appendix H of this part. column. recommended practice, and qualities of (d) For the purpose of this appendix, the # = When a maneuver is preceded by this prudence and care in selecting a course of following symbols mean— symbol it indicates the maneuver may be action.

Required Permitted Maneuvers/procedures Simulated Waiver instrument Inflight FFS FTD provisions of conditions § 121.441(d)

The procedures and maneuvers set forth in this appendix must be performed in a manner that satisfactorily demonstrates knowledge and skill with respect to—. (1) The airplane, its systems and components; (2) Proper control of airspeed, configuration, direction, altitude, and attitude in accordance with procedures and limitations contained in the approved Airplane Flight Manual, the certifi- cate holder’s operations manual, checklists, or other ap- proved material appropriate to the airplane type; and (3) Compliance with approach, ATC, or other applicable proce- dures. I. Preflight: (a) Equipment examination (oral or written). As part of the pro- ficiency check the equipment examination must be closely co- ordinated with, and related to, the flight maneuvers portion but may not be given during the flight maneuvers portion. The equipment examination must cover— (1) Subjects requiring a practical knowledge of the airplane, its powerplants, systems, components, operational and performance factors; (2) Normal, abnormal, and emergency procedures, and the operations and limitations relating thereto; and. (3) The appropriate provisions of the approved Airplane Flight Manual. The person conducting the check may accept, as equal to this equipment examination, an equipment examination given to the pilot in the certificate holder’s ground training within the preceding 6 calendar months. (b) Preflight inspection. The pilot must— (1) Conduct an actual visual inspection of the exterior and interior of the airplane, locating each item and explaining briefly the purpose for inspecting it. The visual inspection may be conducted using an approved pictorial means that realistically portrays the location and detail of visual inspection items and provides for the portrayal of normal and abnormal conditions. If a flight engineer is a required flightcrew member for the particular type airplane, the visual inspection may be waived under § 121.441(d) ...... B W* (2) Demonstrate the use of the prestart checklist, appro- priate control system checks, starting procedures, radio and electronic equipment checks, and the selection of proper navigation and communications radio facilities and frequencies prior to flight ...... B (c)(1) Taxiing. Before March 12, 2019, this maneuver includes taxiing, sailing, or docking procedures in compliance with in- structions issued by ATC or by the person conducting the check. SIC proficiency checks for a type rating must include taxiing. However, other SIC proficiency checks need only in- clude taxiing to the extent practical from the seat position as- signed to the SIC ...... B

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Required Permitted Maneuvers/procedures Simulated Waiver instrument Inflight FFS FTD provisions of conditions § 121.441(d)

(c)(2) Taxiing. Beginning March 12, 2019, this maneuver in- cludes the following: (i) Taxiing, sailing, or docking proce- dures in compliance with instructions issued by ATC or by the person conducting the check. (ii) Use of airport diagram (sur- face movement chart). (iii) Obtaining appropriate clearance before crossing or entering active runways. (iv) Observation of all surface movement guidance control markings and light- ing. SIC proficiency checks for a type rating must include tax- iing. However, other SIC proficiency checks need only include taxiing to the extent practical from the seat position assigned to the SIC ...... B (d)(1) Powerplant checks. As appropriate to the airplane type ...... B (d)(2) Beginning March 12, 2019, pre-takeoff procedures that in- clude powerplant checks, receipt of takeoff clearance and confirmation of aircraft location, and FMS entry (if appro- priate), for departure runway prior to crossing hold short line for takeoff ...... B II. Takeoff: Takeoffs must include the types listed below, but more than one type may be combined where appropriate: (a) Normal. One normal takeoff which, for the purpose of this maneuver, begins when the airplane is taxied into position on the runway to be used ...... B* (b) Instrument. One takeoff with instrument conditions simulated at or before reaching an altitude of 100′ above the airport ele- vation ...... B ...... B* (c)(1) Crosswind. Before March 12, 2019, one crosswind take- off, if practicable, under the existing meteorological, airport, and traffic conditions ...... B* (c)(2) Beginning March 12, 2019, one crosswind takeoff with gusts, if practicable, under the existing meteorological, air- port, and traffic conditions ...... B* #(d) Powerplant failure. One takeoff with a simulated failure of the most critical powerplant— ...... B (1) At a point after V1 and before V2 that in the judgment of the person conducting the check is appropriate to the airplane type under the prevailing conditions; ...... B (2) At a point as close as possible after V1 when V1 and V2 or V1 and Vr are identical; or ...... B (3) At the appropriate speed for nontransport category air- planes ...... B (e) Rejected. A rejected takeoff may be performed in an air- plane during a normal takeoff run after reaching a reasonable speed determined by giving due consideration to aircraft characteristics, runway length, surface conditions, wind direc- tion and velocity, brake heat energy, and any other pertinent factors that may adversely affect safety or the airplane ...... B* ...... W III. Instrument procedures: (a) Area departure and area arrival. During each of these ma- neuvers the pilot must— B ...... B ...... W* (1) Adhere to actual or simulated ATC clearances (includ- ing assigned radials); and ...... B ...... B (2) Properly use available navigation facilities ...... B ...... B Either area arrival or area departure, but not both, may be waived under § 121.441(d). (b) Holding. This maneuver includes entering, maintaining, and leaving holding patterns. It may be performed in connection with either area departure or area arrival ...... B ...... B ...... W (c) ILS and other instrument approaches. There must be the fol- lowing: (1) At least one normal ILS approach ...... B ...... B (2) At least one manually controlled ILS approach with a simulated failure of one powerplant. The simulated failure should occur before initiating the final approach course and must continue to touchdown or through the missed approach procedure ...... B B (3) At least one nonprecision approach procedure using a type of nonprecision approach procedure that the certifi- cate holder is approved to use ...... B ...... B

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Required Permitted Maneuvers/procedures Simulated Waiver instrument Inflight FFS FTD provisions of conditions § 121.441(d)

(4) At least one nonprecision approach procedure using a different type of nonprecision approach procedure than performed under subparagraph (3) of this paragraph that the certificate holder is approved to use ...... B ...... B (5) For each type of EFVS operation the certificate holder is authorized to conduct, at least one instrument ap- proach must be made using an EFVS ...... B B* Each instrument approach must be performed according to any pro- cedures and limitations approved for the approach procedure used. The instrument approach begins when the airplane is over the initial approach fix for the approach procedure being used (or turned over to the final approach controller in the case of GCA approach) and ends when the airplane touches down on the run- way or when transition to a missed approach configuration is completed. Instrument conditions need not be simulated below 100′ above touchdown zone elevation. (d) Circling approaches. If the certificate holder is approved for circling minimums below 1000–3 (ceiling and visibility), at least one circling approach must be made under the following conditions— ...... B* ...... W* (1) The portion of the approach to the authorized minimum circling approach altitude must be made under simulated instrument conditions ...... B ...... B* (2) The approach must be made to the authorized min- imum circling approach altitude followed by a change in heading and the necessary maneuvering (by visual ref- erence) to maintain a flight path that permits a normal landing on a runway at least 90° from the final approach course of the simulated instrument portion of the ap- proach ...... B* (3) The circling approach must be performed without ex- cessive maneuvering, and without exceeding the normal operating limits of the airplane. The angle of bank should not exceed 30° ...... B* If local conditions beyond the control of the pilot prohibit the maneu- ver or prevent it from being performed as required, it may be waived as provided in § 121.441(d). However, the maneuver may not be waived under this provision for two successive proficiency checks. Except for a SIC proficiency check for a type rating, the circling approach maneuver is not required for a SIC if the certifi- cate holder’s manual prohibits a SIC from performing a circling approach in operations under this part. (e) Missed approach. (1) At least one missed approach from an ILS approach ...... B* (2) At least one additional missed approach for SIC pro- ficiency checks for a type rating and for all PIC pro- ficiency checks ...... B* A complete approved missed approach procedure must be accom- plished at least once. At the discretion of the person conducting the check a simulated powerplant failure may be required during any of the missed approaches. These maneuvers may be per- formed either independently or in conjunction with maneuvers re- quired under Sections III or V of this appendix. At least one missed approach must be performed inflight. IV. Inflight Maneuvers: (a) Steep turns. For SIC proficiency checks for a type rating and for all PIC proficiency checks, at least one steep turn in each direction must be performed. Each steep turn must in- volve a bank angle of 45° with a heading change of at least 180° but not more than 360° ...... B ...... B W (b) Stall Prevention. For the purpose of this maneuver the ap- proved recovery procedure must be initiated at the first indi- cation of an impending stall (buffet, stick shaker, aural warn- ing). Except as provided below there must be at least three stall prevention recoveries as follows: ...... B ...... B ...... W* (1) Takeoff configuration (except where the airplane uses only a zero-flap takeoff configuration) ...... B ...... B (2) Clean configuration ...... B ...... B (3) Landing configuration ...... B ...... B

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Required Permitted Maneuvers/procedures Simulated Waiver instrument Inflight FFS FTD provisions of conditions § 121.441(d)

At the discretion of the person conducting the check, one stall pre- vention recovery must be performed in one of the above configu- rations while in a turn with the bank angle between 15° and 30°. Two out of the three stall prevention recoveries required by this paragraph may be waived. If the certificate holder is authorized to dispatch or flight release the airplane with a stall warning device inoperative the device may not be used during this maneuver. (c) Specific flight characteristics. Recovery from specific flight characteristics that are peculiar to the airplane type ...... B ...... W (d) Powerplant failures. In addition to specific requirements for maneuvers with simulated powerplant failures, the person conducting the check may require a simulated powerplant failure at any time during the check ...... B V. Landings and Approaches to Landings: Notwithstanding the authorizations for combining and waiving ma- neuvers and for the use of an FFS, at least two actual landings (one to a full stop) must be made for all PIC proficiency checks, all initial SIC proficiency checks, and all SIC proficiency checks for a type rating. Landings and approaches to landings must include the types listed below, but more than one type may be combined where appro- priate: (a) Normal landing ...... B (b) Landing in sequence from an ILS instrument approach ex- cept that if circumstances beyond the control of the pilot pre- vent an actual landing, the person conducting the check may accept an approach to a point where in his judgment a land- ing to a full stop could have been made ...... B* (c)(1) Crosswind landing, if practical under existing meteorolog- ical, airport, and traffic conditions ...... B* (c)(2) Beginning March 12, 2019, crosswind landing with gusts, if practical under existing meteorological, airport, and traffic conditions ...... B* (d) Maneuvering to a landing with simulated powerplant failure as follows: (1) In the case of 3-engine airplanes, maneuvering to a landing with an approved procedure that approximates the loss of two powerplants (center and one outboard en- gine); or ...... B* (2) In the case of other multiengine airplanes, maneuvering to a landing with a simulated failure of 50 percent of available powerplants, with the simulated loss of power on one side of the airplane ...... B* Notwithstanding the requirements of subparagraphs (d) (1) and (2) of this paragraph, for an SIC proficiency check, except for an SIC proficiency check for a type rating, the simulated loss of power may be only the most critical powerplant. In addition, a PIC may omit the maneuver required by subparagraph (d)(1) or (d)(2) of this paragraph during a required proficiency check or FFS course of training if he satisfactorily performed that maneuver during the preceding proficiency check, or during the preceding approved FFS course of training under the observation of a check airman, whichever was completed later. (e) Except as provided in paragraph (f) of this section, if the certificate holder is approved for circling minimums below 1000–3 (ceiling and visibility), a landing under simulated cir- cling approach conditions. However, when performed in an airplane, if circumstances beyond the control of the pilot pre- vent a landing, the person conducting the check may accept an approach to a point where, in his judgment, a landing to a full stop could have been made ...... B* #(f) A rejected landing, including a normal missed approach procedure, that is rejected approximately 50′ over the runway and approximately over the runway threshold. This maneuver may be combined with instrument, circling, or missed ap- proach procedures, but instrument conditions need not be simulated below 100 feet above the runway ...... B

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Required Permitted Maneuvers/procedures Simulated Waiver instrument Inflight FFS FTD provisions of conditions § 121.441(d)

(g) If the certificate holder is authorized to conduct EFVS oper- ations to touchdown and rollout, at least one instrument ap- proach to a landing must be made using an EFVS, including the use of enhanced flight vision from 100 feet above the touchdown zone elevation to touchdown and rollout ...... B B* (h) If the certificate holder is authorized to conduct EFVS oper- ations to 100 feet above the touchdown zone elevation, at least one instrument approach to a landing must be made using an EFVS, including the transition from enhanced flight vision to natural vision at 100 feet above the touchdown zone elevation ...... B B* VI. Normal and Abnormal Procedures: Each pilot must demonstrate the proper use of as many of the sys- tems and devices listed below as the person conducting the check finds are necessary to determine that the person being checked has a practical knowledge of the use of the systems and devices appropriate to the airplane type: (a) Anti-icing and deicing systems ...... B (b) Autopilot systems ...... B (c) Automatic or other approach aid systems ...... B (d) Stall warning devices, stall avoidance devices, and stability augmentation devices ...... B (e) Airborne radar devices ...... B (f) Any other systems, devices, or aids available ...... B (g) Hydraulic and electrical system failures and malfunctions ...... B (h) Landing gear and flap systems failure or malfunction ...... B (i) Failure of navigation or communications equipment ...... B VII. Emergency Procedures: Each pilot must demonstrate the proper emergency procedures for as many of the emergency situations listed below as the person conducting the check finds are necessary to determine that the person being checked has an adequate knowledge of, and ability to perform, such procedure: (a) Fire in flight ...... B (b) Smoke control ...... B (c) Rapid decompression ...... B (d) Emergency descent ...... B (e) Any other emergency procedures outlined in the approved Airplane Flight Manual ...... B

■ 35. Revise appendix H to part 121 to 1. The certificate holder’s initial, respective roles in the program. Training for read as follows: transition, conversion, upgrade, and instructors and check airmen must include recurrent FFS training programs and its training policies and procedures, instruction Appendix H to Part 121—Advanced procedures for re-establishing recency of methods and techniques, operation of FFS Simulation experience in the FFS. controls (including environmental and 2. How the training program will integrate This appendix prescribes criteria for use of Level B, C, and D FFSs with other FSTDs to trouble panels), limitations of the FFS, and Level B or higher FFSs to satisfy the inflight maximize the total training, checking, and minimum equipment required for each requirements of Appendices E and F of this certification functions. course of training. part and the requirements of § 121.439. The 3. Documentation that each instructor and 6. A special Line-Oriented Flight Training criteria in this appendix are in addition to check airman has served for at least 1 year (LOFT) program to facilitate the transition the FFS approval requirements in § 121.407. in that capacity in a certificate holder’s from the FFS to line flying. This LOFT Each FFS used under this appendix must be approved program or has served for at least program must consist of at least a 4-hour approved as a Level B, C, or D FFS, as 1 year as a pilot in command or second in course of training for each flightcrew. It also appropriate. command in an airplane of the group in must contain at least two representative flight Advanced Simulation Training Program which that pilot is instructing or checking. 4. A procedure to ensure that each segments of the certificate holder’s For a certificate holder to conduct Level C instructor and check airman actively operations. One of the flight segments must or D training under this appendix all participates in either an approved regularly contain strictly normal operating procedures required FFS instruction and checks must be scheduled line flying program as a flightcrew from push back at one airport to arrival at conducted under an advanced simulation member or an approved line observation another. Another flight segment must contain training program approved by the program in the same airplane type for which training in appropriate abnormal and Administrator for the certificate holder. This that person is instructing or checking. emergency flight operations. After March 12, program must also ensure that all instructors 5. A procedure to ensure that each 2019, the LOFT must provide an opportunity and check airmen used in Appendix H instructor and check airman is given a for the pilot to demonstrate workload training and checking are highly qualified to minimum of 4 hours of training each year to provide the training required in the training become familiar with the certificate holder’s management and pilot monitoring skills. program. The advanced simulation training advanced simulation training program, or program must include the following: changes to it, and to emphasize their

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FFS Training, Checking and Qualification Authority: 49 U.S.C. 106(f), 106(g), 40113, (c), (e), and (f) of this chapter; and, for Permitted 41706, 44701–44702, 44705, 44709, 44711– pilots serving in crews of two or more 44713, 44715–44717, 44722, 44730, 45101– 1. Level B FFS pilots, beginning on April 27, 2022, the 45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. flight training required in § 121.424(b) a. Recent experience (§ 121.439). 44730). of this chapter. b. Training in night takeoffs and landings ■ 37. Amend § 135.3 by adding (Appendix E of this part). paragraph (d) to read as follows: (2) Initial and recurrent leadership c. Except for EFVS operations, landings in and command and mentoring training. a proficiency check (Appendix F of this part). § 135.3 Rules applicable to operations Certificate holders are not required to subject to this part. 2. Level C and D FFS include leadership and command * * * * * training in §§ 121.409(b)(2)(ii)(B)(6), a. Recent experience (§ 121.439). (d) Additional limitations applicable 121.419(c)(1), 121.424(b) and b. All pilot flight training and checking to certificate holders that are required 121.427(d)(1) of this chapter and required by this part except the following: by paragraph (b) of this section or i. The operating experience, operating mentoring training in §§ 121.419(c)(2) cycles, and consolidation of knowledge and authorized in accordance with and 121.427(d)(1) of this chapter in skills requirements of § 121.434; paragraph (c) of this section, to comply initial and recurrent training for pilots ii. The line check required by § 121.440; with part 121, subparts N and O of this in command who serve in operations and chapter instead of subparts E, G, and H that use only one pilot. iii. The visual inspection of the exterior of this part. (3) One-time leadership and (1) Upgrade training. (i) Each and interior of the airplane required by command and mentoring training. certificate holder must include in appendices E and F. Section 121.429 of this chapter does not upgrade ground training for pilots, c. The practical test requirements of apply to certificate holders conducting instruction in at least the subjects § 61.153(h) of this chapter, except the visual operations under this part when those inspection of the exterior and interior of the identified in § 121.419(a) of this chapter, operations use only one pilot. airplane. as applicable to their assigned duties; and, for pilots serving in crews of two Issued under authority provided by 49 PART 135—OPERATING or more pilots, beginning on April 27, U.S.C. 106(f), 106(g), 44701(a), and Sec. 206 REQUIREMENTS: COMMUTER AND 2022, instruction and facilitated of Public Law 111–216, 124 Stat. 2348 (49 ON DEMAND OPERATIONS AND discussion in the subjects identified in U.S.C. 44701 note) in Washington, DC, on January 13, 2020. RULES GOVERNING PERSONS ON § 121.419(c) of this chapter. BOARD SUCH AIRCRAFT (ii) Each certificate holder must Steve Dickson, include in upgrade flight training for Administrator. ■ 36. The authority citation for part 135 pilots, flight training for the maneuvers [FR Doc. 2020–01111 Filed 2–24–20; 8:45 am] continues to read as follows: and procedures required in § 121.424(a), BILLING CODE 4910–13–P

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