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DEPARTMENT OF TRANSPORTATION certificates and holders of special requirement in 14 CFR part 121. Since purpose pilot authorizations. In the covered operations in part 121 have Federal Aviation Administration addition, these amendments extend the been changed, the operations in part 61 compliance date for these pilots to meet that are subject to an age limitation have 14 CFR Parts 1, 61, 141, and 143 these provisions. These amendments are been similarly changed. These are, in [Docket No. 25910; Amendment Nos. 1±47, discussed fully in the preamble of 14 essence, technical amendments. The 61±102, 141±8, 143±6] CFR 61.3 and 61.77. Because these FAA does not believe that these issues were set forth in previous amendments will cause undue RIN 2120±AE71 rulemaking actions and interested hardship. Pilot, Flight Instructor, Ground persons commented on these issues, For these reasons, notice and public Instructor, and Pilot School these amendments are being adopted comment procedures are impracticable, Certification Rules without prior notice and prior public unnecessary, and contrary to the public comment. However, the Regulatory interest. As a result, the FAA, for good AGENCY: Federal Aviation Policies and Procedures of the cause, finds that ‘‘notice and public Administration, DOT. Department of Transportation (DOT) (44 procedures thereon’’ are unnecessary ACTION: Final rule; request for FR 1134; February 26, 1979) provide within the meaning of 5 U.S.C. 553(b)(B) comments. that, to the maximum extent possible, of the Administrative Procedure Act. operating administrations for the DOT Individuals will have an opportunity to SUMMARY: This rule revises the Federal should provide an opportunity for submit comments concerning these Aviation Regulations (FAR) that public comment on regulations issued amendments by June 3, 1997. prescribe the certification, training, and without prior notice. experience requirements for pilots, Accordingly, interested persons are Availability of Final Rule flight instructors, and ground invited to participate in this rulemaking Any person may obtain a copy of this instructors, and the certification by submitting such written data, views, rule by submitting a request to the FAA, requirements for pilot schools approved or arguments as they may desire Office of Rulemaking, Attention: ARM– by the Federal Aviation Administration regarding the FAA expanding the 1, 800 Independence Avenue, SW., (FAA). This rule updates these applicability of the ‘‘Age 60 Rule’’ in 14 Washington, DC 20591, or by calling requirements to enhance the ability of CFR part 61 to include 10–30 seat (202) 267–9680. Requests should be pilots to meet the evolving demands of aircraft. Comments may be delivered or identified by the amendment number or the National Airspace System (NAS) mailed, in triplicate, to the FAA, Office docket number. and operate safely and effectively in this of the Chief Counsel, Attn: Rules Docket Using a modem and suitable environment. (AGC–200), Docket No. 25910, 800 communications software, an electronic DATES: This rule is effective August 4, Independence Avenue SW., Room 915G, copy of this document may be 1997. Comments must be submitted on Washington, DC 20591. Comments downloaded from the FAA regulations or before June 3, 1997. submitted to this rule must be marked: section of the FedWorld electronic ADDRESSES: Comments on the proposals Docket No. 25910. Comments also may bulletin board service (telephone: 703– may be delivered or mailed in triplicate be sent electronically to the following 321–3339), the Federal Register’s to: Federal Aviation Administration, Internet address: 9-nprm- electronic bulletin board service Office of the Chief Counsel, Attention: [email protected]. Comments may be (telephone: 202–512–1661) or the FAA’s Rules Docket (AGC–10), Docket No. examined in Room 915G between 8:30 Aviation Rulemaking Advisory 25910, 800 Independence Avenue, SW., a.m. and 5:00 p.m. on weekdays, except Committee Bulletin Board service Washington, DC 20591. All comments Federal holidays. (telephone: 202–267–5948). must be marked ‘‘Docket No. 25910.’’ All comments received, as well as a Internet users may reach the FAA’s Comments may be examined in the report summarizing each substantive web page at http://www.faa.gov, or the Rules Docket, Room 915G, weekdays public contact with FAA personnel on Federal Register’s web page at http:// l between 8:30 a.m. and 5 p.m., except on this rulemaking, will be filed in the www.access.gpo.gov/su docs for Federal holidays. public docket. The docket is available access to recently published rulemaking for public inspection before and after FOR FURTHER INFORMATION CONTACT: John documents. the comment closing date. This Lynch, Certification Branch, AFS–840, Outline of Final Rule amendment may be changed in light of General Aviation and Commercial the comments received on this final I. General Aviation Policy Statement Division, Flight Standards Service, rule. II. Background FAA, 800 Independence Avenue, SW., Commenters who want the FAA to III. Proposed Rule and General Description of Comments Washington, DC 20591; telephone (202) acknowledge receipt of comments 267–3844. IV. Discussion of Major Issues submitted on this rule must submit a A. The exercise of recreational pilot SUPPLEMENTARY INFORMATION: preaddressed, stamped postcard with certificate privileges those comments on which the following Comments Invited 1. Medical requirements for recreational statement is made: ‘‘Comments to pilots and holders of higher pilot This final rule contains amendments Docket No. 25910.’’ The postcard will be certificates exercising the privileges of a that were not proposed in Notice of date-stamped by the FAA and will be recreational pilot certificate Proposed Rulemaking (NPRM) No. 95– returned to the commenter. 2. Elimination of the 50-nautical mile 11 which was published in the Federal limitation for recreational pilots Register on August 11, 1995 (60 FR Good Cause for Immediate Adoption B. Recent flight experience 41160). The amendments extend the The FAA finds that notice and public 1. Takeoffs and landings 2. Recent instrument experience applicability of the ‘‘Age 60 Rule’’ (14 comment on the above amendments are C. Lighter-than-air flight instructor CFR 121.383(c) for operational unnecessary. As stated in the preamble certificate requirements, and § 61.77 for to Notice No. 95–11, the changes to the D. New instrument ratings certification requirements) to 10–30 seat age 60 requirements in part 61 were 1. Single-engine and multiengine ratings aircraft, for holders of U.S. pilot intended to be similar to the age 60 2. Airship Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16221

3. Powered-lift II. Background 3. A requirement for an applicant to E. Requirements for instrument ratings complete a training curricula and F. New aircraft category and class ratings This rule is based on the proposals contained in Notice of Proposed receive a flight instructor endorsement 1. Powered-lift prior to qualifying in an airplane that 2. Glider class ratings Rulemaking (NPRM) No. 95–11, ‘‘Pilot, G. English language requirements Flight Instructor, Ground Instructor, and requires a type rating; H. Areas of operation Pilot School Certification Rules,’’ which 4. A provision to permit pilots to V. Section by Section Analysis was published in the Federal Register complete a phase of an FAA-sponsored pilot proficiency program (WINGS I. General Aviation Policy Statement (60 FR 41160) on August 11, 1995. Since September of 1987, the FAA has program) in lieu of a biennial flight On September 8, 1993, the FAA been conducting a regulatory review of review (BFR); Administrator issued a general aviation parts 61, 141, and 143. These 5. A requirement for pilot applicants policy statement in which he recognized regulations pertain to certification and to receive ground training on stall that the general aviation industry is a training requirements for pilots, flight awareness, spin entry, spins, and spin critically important part of the nation’s instructors, and ground instructors, and recovery techniques; economy and the national the certification and operation of pilot 6. A requirement for pilot applicants transportation system. The schools that are approved by the FAA. to receive flight training on flight at Administrator stated the following: This regulatory review was initiated in slow airspeeds with realistic General aviation plays a crucial role in response to advancements in aviation distractions and the recognition of, and flight training for all segments of aviation and technology, training, and changes in the recovery from, stalls; provides unique personal and recreational NAS that have occurred since the last 7. A requirement for flight instructor opportunities. It makes vital contributions to major revisions to these regulations in applicants to receive actual spin activities ranging from business aviation, to the early 1970’s. The FAA has received training; agricultural operations, to warbird 8. A requirement for flight instructor preservation, to glider and balloon flights. numerous petitions for exemption and Accordingly, it is the policy of the FAA to letters from the public suggesting applicants to perform a spin foster and promote general aviation while changes to the current regulations. At demonstration on retests when the continuing to improve its safety record. the time the NPRM was issued, there reason for the previous failure was due These goals are neither contradictory nor had been 41 amendments and to deficiencies of knowledge or skill separable. They are best achieved by approximately 3,616 exemption actions relating to stall awareness, spin entry, cooperating with the aviation community to to parts 61 and 141. Recommendations spins, or spin recovery techniques; define mutual concerns and joint efforts to and comments from the National 9. A provision that FAA inspectors accomplish objectives. We will strive to and designated pilot examiners may achieve the goals through voluntary Transportation Safety Board (NTSB), the compliance and methods designed to reduce public, and the FAA also have accept an instructor endorsement in lieu the regulatory burden on general aviation. demonstrated the need for the of a spin demonstration on a practical test for the flight instructor certificate; The FAA’s general aviation programs regulatory review. A major goal of the 10. A requirement in part 141 that a will focus on: review has been to identify differences chief or assistant chief flight instructor 1. Safety—To protect recent gains and between the rules and the level of be available by telephone, radio, or aim for a new threshold. training demanded of pilots in today’s 2. FAA Services—To provide the aviation environment. other electronic means only during the general aviation community with In support of this regulatory review, time that instruction is given for an responsive, customer-driven the FAA completed an historical review approved course of training; certification, air traffic, and other of parts 61, 141, and 143 in January 11. A provision in part 141 to permit services. 1988. During this review, the FAA the initial designation of assistant chief 3. Product Innovation and received comments from pilot schools flight instructors who possess half the Competitiveness—To ensure the and college and university aviation experience requirements of chief flight technological advancement of general departments operating under parts 61 instructors; aviation. and 141. Three major areas were 12. A provision to eliminate the 100- 4. System Access and Capacity—To identified during the review: issues of hour currency requirements in part 141 maximize general aviation’s ability to immediate concern recommended by for obtaining initial designation as a operate in the NAS. the NTSB and public comments; the chief flight instructor; and 5. Affordability—To promote requirements for aircraft operations in 13. A provision to eliminate the 25- economic and efficient general aviation today’s environment; and the mile distance restriction for establishing operations, expand participation, and requirements for pilots in the year 2010 satellite bases in part 141. stimulate industry growth. and beyond. Accordingly, the regulatory This final rule reflects the results of Accordingly, this rulemaking project review was divided into three phases Phase 2 of the regulatory review. Phase is designed to meet these general corresponding to these needs. The final 2 addressed issues affecting parts 1, 61, aviation goals and to provide economic rule, based on Phase 1 of this review (56 141, and 143. Prior to publishing this relief from unnecessary, burdensome FR 11308; March 15, 1991), contained rule, the FAA issued a notice of meeting regulations. Throughout this process, the following: (54 FR 22732; May 25, 1989) that the FAA has been in a partnership with 1. A requirement to obtain training announced four public meetings and the general aviation community in and a flight instructor endorsement to outlined the general topics to be developing and revising the rules in 14 serve as pilot in command of a tailwheel considered for this final rule. The four CFR parts 61, 141, and 143 to ensure airplane; public meetings were held before the aviation safety, and yet delete 2. A requirement to obtain training drafting of this rule and were held in unnecessary, burdensome rules. The and a flight instructor endorsement to Washington, DC (September 12–13, FAA is committed to developing rules serve as pilot in command of a 1989); Chicago, Illinois (September 19– that are fair and reasonable, and yet pressurized airplane capable of high 20, 1989); Los Angeles, California promote a high level of pilot training altitude flight above 25,000 mean sea (October 3–4, 1989); and Orlando, and qualification. level (MSL); Florida (October 16–17, 1989). 16222 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Phase 2 also involved a Pilot and petition, the EAA requested the Aircraft Flight Simulator Use in Pilot Flight Instructor Job Task Analysis following: Training, Testing, and Checking at (JTA), completed on March 31, 1989, 1. Eliminating the requirement that a Training Centers; Final Rule which consolidated the results of a recreational pilot hold at least a third- On July 2, 1996, the FAA issued study on areas of pilot knowledge, class medical certificate; Amendment Nos. 1–45, 61–100, 91–251, skills, abilities, and attitudes required in 121–259, 125–27, 135–63, 141–7, 142, today’s aviation environment. The JTA 2. Requiring a recreational pilot to self-certify that he or she has no known and SFAR 58–2, ‘‘Aircraft Flight provided the framework for this phase Simulator Use in Pilot Training, Testing, of the regulatory review and information medical deficiency that would make and Checking at Training Centers; Final for use in training programs and him or her unable to fly; Rule’’ (61 FR 34508–34568), practical test standards. Most of the JTA 3. Eliminating the 50-nautical mile subsequently referred to as Amendment consisted of data, based on experts’ limitation for those recreational pilots No. 61–100. Those provisions of opinions, used to quantify the relative who obtain additional training; Amendment No. 61–100 that revised importance of knowledge, skills, part 61 and Amendment No. 141–7 that abilities, and attitudes. The JTA also 4. Permitting a pilot with a higher revised part 141 have been included in included a panel that discussed current certificate or rating who no longer has this rule. In addition, some of the and future pilot training needs and a medical certificate, but who self- provisions of Amendment Nos. 61–100 whose objective was to project pilot certifies that he or she is physically fit training needs 3 to 10 years into the to fly, to exercise the privileges of a and 141–7 have been modified to future. The panel discussed changing recreational pilot certificate, subject to conform with changes adopted in this final rule and to correct several mistakes technology, airline pilot requirements, the limitations of the recreational pilot and omissions that were contained in airspace, training, instructors, and certificate; and Amendment Nos. 61–100 and 141–7. aviation economics. A copy of the JTA 5. Eliminating the recreational pilot is available for examination in Docket Amendment No. 61–100 redesignated certificate limitations for cross-country, No. 25627. §§ 61.2, 61.3, and 61.5 as §§ 61.3, 61.5, On February 9 and 10, 1993, the FAA night flight, and flight into airspace and 61.6, respectively. In addition, that conducted information-gathering requiring communication with air traffic amendment added a new section, § 61.2, meetings with a number of aviation control for those pilots with higher Definition of terms. In this final rule, organizations and schools on the certificates and ratings who no longer § 61.1 includes both the applicability comments received in Docket No. have medical certificates, but who self- provisions and the definitions of terms 25627. These meetings concerned issues evaluate that they are physically fit to currently found in § 61.1 and § 61.2. raised during the earlier public meetings fly. Accordingly, §§ 61.2, 61.3, 61.5, and the preamble discussion of those sections in and the information received during the The comment period for the EAA this final rule reflect the structure of JTA. The invitees were selected as a petition closed on March 4, 1994. Over part 61 prior to the adoption of result of their organizations’ and 1,000 comments were received, and the schools’ past involvement in this Amendment No. 61–100 and the majority of commenters voiced organization of part 61 proposed in regulatory review. The following overwhelming support for the petition. organizations and schools attended Notice No. 95–11. Some commenters, including the Civil these meetings: General Aviation and Aviation Medical Association (CAMA), III. The Proposed Rule and General Manufacturing Association (GAMA), Description of Comments National Air Transport Association opposed the EAA petition. CAMA (NATA), Jeppesen-Sanderson, National expressed concern with the impact on In Notice No. 95–11, the FAA Association of Flight Instructors (NAFI), public health and welfare of the proposed a major revision to the Balloon Federation of America (BFA), elimination of medical standards for training and certification requirements Farrington Aircraft, Aircraft Owners and pilots who exercise the privileges of a applicable to pilots, flight instructors, Pilots Association (AOPA), AOPA recreational pilot certificate. One ground instructors, and those pilot Safety Foundation, Experimental specific concern of those commenters schools approved by the FAA. The Aircraft Association (EAA), Helicopter who opposed the EAA petition was the intent of the proposal was to make the Association International (HAI), Soaring carrying of passengers by a pilot who regulations more compatible with the Society of America (SSA), Embry Riddle does not hold a medical certificate. The current operating environment and the Aeronautical University (ERAU), Parks FAA has reviewed all comments evolving demands of the NAS. The College of St. Louis, and American received in response to EAA’s petition proposals included measures to update Flyers. This rule incorporates many of in developing this rulemaking action. training, certification, and recency of the concepts developed through the The vast majority of commenters experience requirements, and a number public meetings, the JTA, and the public responding to this petition were of the proposals were intended to comments received in Docket Nos. individual members of the aviation promote and encourage increased pilot 25627 and 25910. Additional community and many were members of training activities. amendments to ensure that Title 14, the EAA. The major proposals in the NPRM Code of Federal Regulations, conforms included: (1) Clarification and In this final rule, the FAA is adopting with the provisions of this final rule standardization of terminology; (2) will be the subject of a rulemaking one very significant change requested by establishment of a new powered-lift action in the immediate future. the EAA: elimination of the 50-nautical- category for pilot certification; (3) mile limitation for those recreational separation of class ratings for Experimental Aircraft Association pilots who obtain additional training. nonpowered and powered gliders; (4) a (EAA) Petition For reasons discussed in section IV,A of new flight instructor certificate in the On January 3, 1994, the FAA this preamble, the FAA has decided not lighter-than-air category; (5) creation of published, without comment or to adopt those other elements of the separate instrument ratings for single- endorsement, a petition for rulemaking EAA proposal that were proposed in engine and multiengine airplanes, submitted by EAA (59 FR 31). In their Notice No. 95–11. airships, and powered-lifts; (6) revisions Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16223 to the recency of experience International Deaf Pilots Association numbering system and length of some of requirements, particularly related to (IDPA), National Air Transportation the sections. The FAA also considered recent takeoffs and landings, and Association (NATA), National this issue in drafting the final rule. instrument currency; (7) revisions to the Association of Flight Instructors (NAFI), Several commenters also object to the recreational pilot certification and National Business Aircraft Association, length of the proposal, stating that it is authorization requirements, including Inc. (NBAA), National Fraternal Society difficult to properly digest and respond the elimination of the 50-mile limit on of the Deaf (NFSD), Paralyzed Veterans to the large volume of material. flights; (8) human factors training of America (PV), Seaplane Pilots AOPA comments that Notice No. 95– requirements for all certificates and Association (SPA), the Soaring Society 11 is extremely complex and ratings; (9) replacement of flight of America (SSA), and United States unmanageable from a public comment proficiency requirements for training Ultralight Association, Inc. (USUA). perspective. From a review of the and certification with more general Comments also were received from comments submitted to the docket, approved areas of operation; (10) public officials, including the Governor AOPA concludes that the general revision of the minimum training times of Nebraska and the Mayor of Omaha. aviation community has not been made for the aeronautical experience Most respondents address specific fully aware of the significant impact of requirements to permit training to a issues rather than the NPRM overall. the proposals, and the association does standard; (11) placement of ground However, of the approximately 5,400 not believe that it is possible for the instructor requirements in part 61 rather comments on the NPRM, about 130 FAA to adequately respond to all of the than in part 143; (12) requirement for express general support for the public’s comments without reissuing ground instructor certificates to be proposed rulemaking, and more than another NPRM on part 61. According to based on aircraft category; (13) 220 express general opposition to the AOPA, the public’s misconceptions are establishment of a practical test for NPRM. Many of the commenters, the result of the incomplete nature of ground instructor applicants; (14) particularly those who support the the NPRM’s preamble. AOPA states that revision of the certification and test proposals to eliminate the medical many of the changes were not addressed courses in part 141 to accommodate all certification requirement for in the preamble or were labeled as aircraft categories and new technology; recreational pilots as well as elimination editorial and format changes. The (15) establishment of a check instructor of the 50-mile flight limitation on association contends that some of the position for student and instructor recreational pilots, urge immediate editorial changes will have the greatest checks and tests at pilot schools completion of the recreational pilot impact on pilots. AOPA also states that operated under part 141; (16) deletion of provisions of the rulemaking. Others attempts to codify existing policy have exceptions that permit pilots to be state that the proposal would promote often created significant restrictions not certificated without meeting English the growth of aviation. currently found in the regulations and, However, some commenters who language fluency requirements; (17) in some instances, do not reflect current express general opposition to Notice No. revision of medical certificate FAA policy. AOPA believes that a more 95–11 state that it is too voluminous requirements to permit applicants for all efficient approach would be to address and complex. One commenter states certificates and ratings to hold a third- issues in smaller, more manageable that while he originally supported class medical certificate rather than the sections that would afford the public a Notice No. 95–11 based on the proposed medical certificate required to exercise better opportunity to provide complete liberalization of requirements related to and meaningful comments. According the privileges of the certificate; and (18) recreational pilot certification, a to AOPA, the proposal imposes elimination of the requirement for subsequent detailed reading of what he burdensome new requirements on recreational pilots to hold any medical termed ‘‘numerous new restrictions’’ in general aviation in excess of any certificate. the rest of Notice No. 95–11 changed his benefits it might provide. The In response to Notice No. 95–11, the mind. Other comments in opposition to association recommends that the FAA FAA has received over 5,400 comments Notice No. 95–11 state that the proposal identify which changes received from the public. The majority of those would create burdensome and onerous widespread public support and separate responding were pilots. Commenters new regulations and restrict the growth them for expeditious publication as a also included associations representing or threaten the continuation of certain final rule. air carriers, general aviation, and aviation activities. One commenter EAA states that Notice No. 95–11 universities, including the following criticizes the proposal for ‘‘granting the contains many additional rules that organizations: Aerospace Medical FAA Administrator more power.’’ Some increase the complexity and cost of Association (AsMA), Aero Sports commenters state that no safety data has learning to fly and maintaining Connection (ASC), Air Line Pilots been presented in support of the new currency. EAA is particularly concerned Association (ALPA), Air Transport requirements. One of the most that the proposal will burden flight Association of America (ATA), Aircraft controversial areas, for example, was the instructors. The association also Owners and Pilots Association (AOPA), proposal to create a flight instructor comments that the rules appear to be American Diabetes Association (ADA), certificate for the lighter-than-air changed in an effort to make Auxiliary-powered Sailplane category. enforcement easier. Association (ASA), Balloon Federation About 40 commenters express mixed In its comment, GAMA strongly of America (BFA), Civil Air Patrol reaction, including proposing their own supports the FAA’s efforts to review (CAP), Civil Aviation Medical variations on some of the FAA-proposed parts 61 and 141. GAMA states that Association (CAMA), Deaf Counseling amendments. One hundred and fourteen many of the proposals will maintain or Advocacy and Referral Agency commenters suggest technical, increase the margin of safety while (DCARA), Department of Veterans/ grammatical, and typographical benefiting students and the training Veterans Benefits Administration (VA), corrections, which the FAA has industry as a whole. The association Experimental Aircraft Association considered in revising the proposed rule recommends that, because Notice No. (EAA), General Aviation Manufacturers language. Some commenters state that 95–11 is extremely complex, the FAA Association (GAMA), Helicopter the structure of the rule language is expedite a final rule incorporating the Association International (HAI), difficult to follow because of the less complex and controversial issues, 16224 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations such as the elimination of the third- IV. Discussion of Major Issues AOPA states that it supports this class medical certificate requirement for departure from previous FAA policy as A. The Exercise of Recreational Pilot being ‘‘beneficial to the economic well- recreational pilots and the pilot training Certificate Privileges requirements for operating newly being of general aviation by providing a certificated aircraft. GAMA feels that the 1. Medical Requirements for potential stimulus for new flight activity more complex or controversial issues Recreational Pilots and Holders of and training’’ and ‘‘that removing the should be addressed in a subsequent Higher Pilot Certificates Exercising the requirement for the medical certificate final rulemaking. Privileges of a Recreational Pilot from the regulations will not have a Certificate significant impact on general aviation NBAA believes that this proposal is a safety.’’ comprehensive measure to modernize Summary of proposal/issue: In Notice Individual commenters who favor the pilot, flight instructor, ground No. 95–11, the FAA proposed to allow proposal state that medical self- instructor, and pilot school certification the following persons to operate aircraft evaluation would eliminate the rules. The association adds that this without a medical certificate: pilots who paperwork and expense of medical proposal is a valid effort to promote hold recreational pilot certificates, examinations. Commenters argue that general aviation, improve safety, and student pilots operating within the overall there is a small number of reduce costs to aviation consumers, and limitations of a recreational pilot aviation accidents related to medical provide for large improvements in certificate, and those higher-rated pilots causes. Many of these commenters cite aviation training. (private, commercial, and airline the accident experience of balloon and transport pilot) who elect to exercise glider pilot operations and note that no NATA comments that, although it only recreational pilot privileges. In lieu medical certification is required for generally is pleased with Notice No. 95– of the requirement to hold a medical these operations. 11, it strongly supports maintaining the certificate, each pilot would be allowed The commenters who oppose distinct difference between parts 61 and to evaluate his or her own medical allowing pilots to exercise the privileges 141 schools. The association disagrees condition and determine if he or she is of a recreational pilot without a medical with the elimination of some of these fit to fly. This proposed approach of certificate cite general safety concerns as differences and believes the economic relying on the judgment of an individual the basis for their disapproval. viability of part 141 schools is pilot regarding his or her fitness Specifically, opposing the proposal are dependent on maintaining this represented a departure from past FAA the Aerospace Medical Association distinction. policy for powered aircraft. The FAA (ASMA), Air Line Pilots Association SSA states that the proposed changes has required that pilots, except for (ALPA), Civil Aviation Medical answer many past comments and, for glider and balloon pilots, hold medical Association (CAMA), and Helicopter certificates to ensure the safety of pilots, Association International (HAI). the most part, benefit safety. However, The medical associations raised SSA feels that certain sections of Notice passengers, and people and property on the ground. various concerns. CAMA indicates that No. 95–11 do not comply with the there are a number of medical problems This proposed change to FAA policy FAA’s goal of reducing regulatory that cannot be recognized by an set forth in Notice No. 95–11 was made burdens, nor do they demonstrate the individual who evaluates himself or after consideration of a petition for FAA’s faith that the soaring community herself and that are incompatible with rulemaking from the Experimental will voluntarily improve its safety safe flight. CAMA also states that record. According to SSA, some of the Aircraft Association (EAA), and ‘‘[s]ome individuals can be expected to proposals will have a detrimental effect comments received in response to that deny to themselves the seriousness of petition. The EAA petitioned the FAA on the cost of learning to fly sailplanes, their medical problems.’’ CAMA to eliminate medical requirements for without enhancing safety. believes medically related accidents pilots exercising the privileges of a inevitably would follow the adoption of HAI states that its comments are recreational pilot certificate (59 FR 31; based on a compilation of member this proposal, but they also January 5, 1994). acknowledge that medically caused comments and consultations with other General Comments: In Notice No. 95– accidents are rare. CAMA also states its general aviation associations. HAI chose 11, the FAA asked a number of concern that the proposal is not in the not to comment on part 1, in the belief questions that were designed to elicit long term interests of any pilot because that the FAA will reference changes to comment on whether self-evaluation ‘‘[m]inor problems will be detected on the affected rule and make appropriate should be permitted for the pilots the FAA medical examination and changes to definitions in part 1. discussed. With respect to the general managed before they become major The public comments received on concept of self-evaluation, the majority problems. For example, early specific proposals and the FAA’s of individual commenters voice support hypertension will be apparent and can response to these comments are for eliminating the medical requirement be treated promptly.’’ addressed in sections IV and V. Each for recreational pilots and holders of a ASMA argues that although all pilots discussion includes a summary of the higher pilot certificate exercising the exercise a degree of self-evaluation issue, a summary of the public privileges of a recreational pilot before every flight, ‘‘the experience of comments, the FAA response, and certificate. Supporting this proposal are practicing aviation medical examiners is disposition of the issue for purposes of the Aircraft Owners and Pilots that private or recreational pilots are Association (AOPA), Experimental the final rule. All comments were most often the ones who proceed to fly Aircraft Association (EAA), American reviewed and considered during FAA with existing medical problems.’’ Diabetes Association (ADA), Aero HAI states its opposition to the deliberations regarding the rule and are Sports Connection (ASC), General proposal arguing that ‘‘[t]he medical is available for public examination in Aviation Manufacturers Association a necessary evil in aviation’’ and that ‘‘if Docket No. 25910. (GAMA), National Association of Flight you want to fly, get a medical.’’ Several Instructors (NAFI), and Soaring Society individual commenters also disagree of America (SSA). with the proposal. One commenter Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16225 expresses disagreement with the disqualifying. CAMA states that further known medical deficiencies to have his proposal indicating that self-evaluation study should be done before adopting or her pilot certificate stamped with a would allow pilots to lie about their the proposal. statement that the pilot certificate is not health and endanger their passengers Failure of a Medical Exam. Most valid unless accompanied by a current and people in the areas they overfly. commenters state that pilots who have medical certificate. ALPA and AsMA Another commenter states that he failed a medical examination by the support such a stamping requirement. prefers the current third-class medical FAA should not necessarily be FAA Response: The FAA carefully certificate requirements and does not prevented from claiming that they have considered all comments pertaining to see how the FAA will be able to enforce no known medical deficiencies that the proposal that pilots who hold the proposed self-evaluation without would make operating an aircraft recreational pilot certificates, student any standard in the rule. This same unsafe. In addition, a majority of pilots operating within the limitations commenter states that the balloon and commenters state that any pilot who has of a recreational pilot certificate, and glider accident records cited by had a medical certificate revoked or those higher-rated pilots who elect to supporters of the proposal are not suspended, or who has held a special exercise only recreational pilot indicative of the larger group of general issuance of a medical certificate should privileges be permitted to operate an aviation pilots. not automatically be prohibited from aircraft without holding a medical claiming that that pilot has no known certificate. Although the FAA Comments to Specific Questions medical deficiencies that would make acknowledges that most of the Safety Data. In Notice No. 95–11, the operating an aircraft unsafe. AOPA does comments favored eliminating the third- FAA asked a number of questions state, however, ‘‘that it has some class medical certificate requirement for regarding medical self-evaluation. The concern that the publicity surrounding such pilots, few of these comments FAA requested data on any safety or the self-evaluation proposal may have contained supporting data or analysis. other public interest concerns that may built an unintended expectation in the Safety is the FAA’s overriding arise from the recreational pilot self- pilot community that anyone will be regulatory concern, and before such a evaluation proposal. No such data were able to fly under the proposed rule,’’ significant change can be adopted, the submitted. and that AOPA ‘‘would encourage any FAA must ensure that the level of safety Need for Medical Standards. A pilot who has been denied a medical will not be degraded. majority of commenters (including certificate or who holds a special The comments of the medical AOPA and EAA) state that they issuance certificate to consult a associations, AsMA and CAMA, raised generally oppose the FAA having physician.’’ serious safety concerns regarding the specific medical standards for self- ALPA and AsMA support prohibiting limitations of self-evaluation. evaluation arguing that a list of any pilot from claiming that he or she Furthermore, in reviewing the disqualifying conditions would be has no known medical deficiencies if comments, the FAA noted that there is tantamount to creation of a new kind of that pilot has failed a medical controversy regarding alternative medical certificate. EAA states that examination by the FAA, had a medical methods of implementing and enforcing ‘‘specific standards are inappropriate (in certificate revoked or suspended, or self-evaluation in lieu of medical fact, contradictory) for self-certification’’ holds or has held a special issuance of certification. The FAA has determined and that they ‘‘are not necessary for a medical certificate. that additional scrutiny of the proposal safety and therefore would only Disclosure to Passengers. Most is needed to ensure that it would raise institute additional unnecessary commenters (including AOPA and EAA) or maintain the current level of safety; regulation.’’ AOPA states that ‘‘[it] is state that the FAA should not require therefore, the FAA has withdrawn the deeply opposed to any regulated pilots to disclose to their passengers that proposed change from the final rule. restrictions on medical self-certification they do not hold a medical certificate The FAA intends to conduct additional for recreational pilots’’ arguing that but that they have evaluated themselves study on this proposal and may issue a ‘‘[d]oing so, will only create what is in as medically fit to fly. separate rulemaking action in the future. effect, yet another class of medical Medical History or Records. Most certificate, defeating any benefits that commenters (including AOPA and EAA) 2. Elimination of the 50-Nautical Mile could be derived from this proposal.’’ also argue that these pilots should not Limitation for Recreational Pilots Some individual commenters who be obligated to provide the FAA with Summary of proposal/issue: In Notice oppose listing disqualifying conditions their medical history or records upon No. 95–11, the FAA proposed to permit for pilot self-evaluation state that they request as part of a specific investigation a recreational pilot to operate an aircraft believe the limitations of the or randomly as part of a compliance in cross-country flight more than 50 recreational pilot certificate restrict the program, nor should they be required to nautical miles from that pilot’s base of pilot to less stressful types of operations undergo medical testing when any training if the pilot receives ground and that pose minimal risks to other persons uncertainty exists as to whether or not flight training and the equivalent to that and property. Numerous commenters they have any medical problems. required for the exercise of cross- state that self-evaluation, with no listing Surrender of Pilot Certificates. In country flight privileges by a private of conditions or constraints, has worked addressing the issue of whether a pilot pilot and receives the appropriate flight well for glider and balloon pilots for with known medical deficiencies instructor endorsements. This change many years. They argue that the same should be required to surrender his or was intended to increase the utility of self-evaluation process should be her pilot certificate to the FAA, nearly the recreational certificate and to adopted for recreational pilots. all of the commenters oppose the promote general aviation. A few commenters state that only mandatory surrender of a pilot Comments: More than 2,000 certain medical conditions should be certificate, in such a case. AsMA, comments addressed the proposal. disqualifying. ALPA and AsMA support however, supports mandatory surrender Virtually all commenters (over 99 a list of disqualifying medical of pilot certificates. In addition, the vast percent) favor the proposed change. conditions. Of these commenters, majority of the commenters (including EAA and NAFI support eliminating however, there was no consensus on AOPA and EAA) state that the FAA the 50-mile flight limit because it will what medical conditions should be should not require a pilot who has help attract and retain recreational 16226 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations pilots. These commenters also believe traffic pattern at the recommended suggests modifying § 61.57 to reflect this the proposal will improve safety. AOPA traffic pattern altitude for the airport. practice. also supports the proposal and states Comments: More than 170 comments Generally, individual commenters that a valuable benefit will be given to address the takeoff and landing aspect express opinions similar to those of the recreational pilots without of recency of experience. Approximately associations. Several individual compromising safety. ASC supports 65 percent of the comments oppose the commenters state that the proposed removing the mileage limitation with an proposal. requirements are not applicable to endorsement from a CFI. Other Most of the opposition concerns the balloon operations, and therefore the commenters state that this limitation proposal to require all landings to be current rule should be retained. They has been a main factor in discouraging conducted to a full stop and to involve cite operations in an airport traffic interest among prospective pilots from flight in the traffic pattern and at the pattern, for example, and one earning the recreational pilot certificate, recommended traffic pattern altitude for commenter asks what ‘‘full stop’’ means and that the proposal would revitalize the airport. in relation to balloons. AOPA expresses opposition to the sport aviation with no adverse impact FAA Response: After consideration of requirement for full-stop landings. The on safety. the comments, the FAA has decided to commenter does not believe that the GAMA opposes lifting the 50-mile withdraw the proposed requirement that FAA has presented any evidence that flight limit. It believes that the proposal landings involve flight in the traffic full-stop landings are safer than touch- fails to provide an adequate amount of pattern and at the recommended traffic and-go landings. According to AOPA, training for the recreational pilot to pattern altitude for the airport. In competently and safely exercise the the proposal will cause a significant increase in airport congestion and addition, the FAA will not go forward privileges of the certificate. GAMA with the requirement for full-stop states that safety is a critical factor, and, pollution, in training time spent on the ground, and in the overall costs of landings because, as indicated by the coupled with the reduction in solo flight commenters, there is no cost time, the provision could prove maintaining proficiency. The commenter also states that there is no justification for the measure, and it will dangerous. According to GAMA, there result in increased congestion at should be no increase in recreational safety evidence to support the requirement that the landings be airports. However, the FAA is retaining pilot privileges, and instead the FAA the current full-stop requirements for should encourage advanced training. performed in the traffic pattern from the recommended pattern altitude. AOPA tailwheel aircraft, as well as for night One of the few individual commenters landings. who objects to the proposal states that comments that rotorcraft rarely fly a the recreational pilot certificate was complete traffic pattern, because to do 2. Recent Instrument Experience so would create a hazardous mix of intended for people who want to fly dissimilar aircraft. According to the Summary of proposal/issues: The airplanes ‘‘for the fun of it,’’ but if they commenter, the proposal also would FAA proposed to revise the instrument want private pilot privileges, they lead to decreased efficiency for glider recency of experience requirements of should obtain the training necessary for operations and emergency procedures § 61.57 by eliminating the requirement the private pilot certificate. for 6 hours of flight in actual or FAA Response: The FAA notes the training. NBAA comments that the requirement simulated instrument conditions every 6 overwhelming support of the for full-stop landings eliminates the months. For aircraft other than gliders, commenters for this specific proposal. efficient touch-and-go maneuver the proposal required that a pilot, GAMA’s concerns that recreational without justification, while adding to within the preceding 6 calendar months, pilots will lack the necessary skill due airport congestion and aircraft perform and log at least six instrument to the revised aeronautical experience operators’ costs. NBAA also objects to approaches; holding procedures; requirements have been considered. the language of proposed § 61.57(a)(iii), intercepting and tracking of very high However, the FAA has determined that because it can be interpreted as frequency omnirange (VOR) radials and an acceptable level of safety will be requiring ‘‘a circuit in the traffic nondirectional beacon (NDB) bearings; maintained because recreational pilots pattern.’’ The commenter states that recovery from unusual flight attitudes; will receive additional training most pilots combine currency landings and flight by reference to instruments. equivalent to that of a private pilot, and with other flight operations rather than The preamble to the NPRM stated that other recreational pilot restrictions will full circuits in the traffic pattern, and these maneuvers and procedures would continue to apply. The rule change will the proposal might require dispatching not be required to be performed in benefit general aviation by stimulating aircraft and crews specifically for actual or simulated instrument flight interest in recreational flying, currency takeoffs and landings, thereby conditions. encouraging recreational pilots to seek adding time and expense. Comments: More than 385 comments additional certificates and ratings, and HAI expresses opposition to proposed were received on this issue. The promoting additional pilot training. The § 61.57(a)(1)(iii) requiring that all comments reflect widely disparate proposal is therefore adopted in the takeoffs and landings be conducted in opinions. More than 200 comments final rule. the traffic pattern at the recommended express clear opposition to the proposal. B. Recent Flight Experience traffic pattern altitude. The commenter Nearly as many comments take issue states that helicopters do not always fly with parts of the proposal, and propose 1. Takeoffs and Landings to or from airports, or operate in the variations to it. Approximately 60 Summary of proposal/issue: The FAA traffic pattern if at an airport. HAI comments agree with the proposal. proposed to revise the recency of suggests modifying the proposed rule to Some commenters indicate that they experience requirements in § 61.57. The require each takeoff and landing to be believe the proposal would make it proposed revisions in Notice No. 95–11 separated by an en route phase of flight. more difficult and costly to remain included requiring all landings, not just SSA states that, at some gliderports, current for operations under IFR. One night landings, to be conducted to a full the currency landings are performed on commenter, however, says he believes stop. The proposal also required that a nonactive runway to avoid conflicts the proposal will permit pilots who do these landings involve flight in the with the normal traffic patterns. SSA not fly as frequently to stay current and Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16227 continue to have access to the IFR an acceptable minimum for proficiency. reference to specific navigation systems. system. With regard to holding procedures, the The FAA maintains that requiring GAMA supports the elimination of association has no strong objection to completion of specific training tasks, the minimum hour requirement for the proposal but questions the need for such as intercepting and tracking instrument currency. GAMA, however, such a requirement. AOPA states there courses and holding procedures, believes that a minimum of 50 percent is no current safety problem in this area provides a safety benefit by improving of the time spent performing maneuvers and, except for airline pilots, holding operational currency and the should be in actual or simulated procedures are rarely encountered. Also, proficiency of pilots. For this reason, the instrument flight conditions, or in an according to AOPA, it is not appropriate final rule includes the requirement for approved flight simulator or flight to specify the types of navigational aids holding procedures. The proposed training device. that should be used for instrument requirement for six approaches also is In its comment, ALPA expresses currency because of the transition to incorporated into the final rule. concern regarding several aspects of the newer technologies such as GPS. AOPA The FAA has decided to retain the proposed instrument currency also points out that many aircraft are not current requirement that the tasks to requirements. According to ALPA, the equipped with an ADF receiver. The meet recent instrument experience requirement for the use of NDBs may commenter objects to the requirement requirements be performed and logged not be practical because NDBs are being for unusual attitudes currency for the under actual or simulated instrument removed from service. The commenter same reasons expressed by NAFI. Like conditions. This requirement can be met also believes that there should be an ALPA and GAMA, AOPA believes that in an aircraft of the appropriate option to allow operations using the the instrument currency procedures category, in an approved flight global positioning system (GPS). should be performed in either actual or simulator, or a flight training device that Although ALPA agrees with the need for simulated conditions. The commenter is representative of the aircraft category. unusual attitude training, the states that if the FAA does not intend to As proposed in the NPRM, the final commenter states that there needs to be require flight in actual or simulated rule will not include a minimum hour FAA guidance on practice methods and conditions, § 61.57(c)(2) should be requirement to meet instrument procedures. ALPA also contends that clarified to prevent varying currency. The elimination of this recency of experience maneuvers interpretations of the rule. AOPA also requirement will provide pilots should be performed in either strongly supports the use of simulators economic relief by permitting currency instrument or simulated instrument and flight training devices, including requirements to be completed in less conditions. some PC-based simulators, for currency time. NAFI opposes specifying the use of and proficiency. Other proposed changes to § 61.57 are any particular equipment, such as VORs Like many of the other commenters, discussed in the section-by-section and NDBs, for instrument currency and HAI objects to the requirement for analysis of § 61.57. suggests the requirement should simply recovery from unusual attitudes. The C. Lighter-Than-Air Flight Instructor be for ‘‘navigation by reference to commenter also states that commercial Certificate instruments.’’ It is NAFI’s position that or corporate pilots will not be able to unusual attitude training is appropriate maintain currency in the normal course Summary of proposal/issue: The FAA for flight reviews, not currency of flight because of the proposals. HAI proposed to amend § 61.5 to establish requirements, and should not be supports eliminating the 6 hours of new flight instructor ratings for lighter- performed without a safety pilot. instrument time for currency, but than-air category aircraft. Section 61.3 NATA opposes several aspects of proposes deleting holding procedures included a provision to permit holders § 61.57. The commenter contends that and unusual altitude currency, and of a commercial certificate with an unusual attitude maneuvers belong in changing the requirement to track VORs airship or free balloon class rating to instrument training and BFR radials and NDB bearings to conduct training in the appropriate requirements, not in instrument ‘‘intercepting and tracking electronic aircraft for 2 years after issuance of the currency requirements. NATA also navigation aids.’’ final rule; the 2-year conversion process believes that the requirement that VORs Comments from individual was contained in proposed § 61.201. and NDBs be used for several tasks is commenters, for the most part, agree Proposed § 61.187 required that a too restrictive. NATA recommends that with the positions advanced by the person who trains an applicant for a the tasks be performed ‘‘with the associations. lighter-than-air flight instructor available navigational technology.’’ FAA Response: After consideration of certificate meet requirements NATA, however, supports requiring six the comments, the FAA has decided to comparable to flight instructor approaches rather than the 6 hours for withdraw the requirement for recovery applicants training in other aircraft currency. from unusual attitudes. The FAA agrees categories. The proposal was partly a In its comments, NBAA recommends with commenters who point out that result of input received from balloon that the number of approaches for practicing these maneuvers would operators and organizations in public currency purposes should be left at 6 require a safety pilot and increase the meetings held during the regulatory rather than 12, as noted in the preamble cost of maintaining instrument review in 1989, and from public to the NPRM. NBAA also contends that proficiency with only questionable comments filed in the docket during references to VORs and NDBs should be safety benefits. this regulatory review and prior to the deleted because these navigational aids In addition, the FAA has determined issuance of Notice No. 95–11. are rapidly becoming obsolete. In that the requirement for intercepting Comments: More than 880 comments addition, the commenter opposes and tracking VOR radials and NDB were submitted on this issue, the unusual attitude training. bearings should be modified. The final majority regarding the proposed AOPA comments that the elimination rule requires pilots to intercept and requirement’s effect on balloon flight of the 6 hours of required instrument track ‘‘courses through the use of training rather than airship flight time will benefit general aviation navigation systems.’’ As noted by the training. Many of those commenters economically. The commenter also finds commenters, advances in air navigation oppose the proposal. (One commenter the requirement for six approaches to be technology support deleting the includes a petition opposing the 16228 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations proposal and signed by over 400 Individual commenters contend that (balloon) level, and requiring persons.) Commenters identify few commercial balloon pilots will seek commercial pilots who instruct to use a themselves as individual pilots and the instructor certificate, partly because written syllabus and maintain records of representatives of businesses involved few areas of the country have enough the training. in ballooning, including manufacturers students to justify the expense of Representatives of Balloon Excelsior, and providers of balloon flights and obtaining and keeping the certificate a balloon flight school and repair training. current. They state that one of the In general, many of these commenters methods of flight instructor certificate station, state that the proposal would contend that the current system of renewal is particularly unrealistic in result in better-trained, safer, balloon commercial balloon pilots providing ballooning: the provision in proposed pilots and would encourage the growth flight instruction works well, and that § 61.197(b)(1) to show a record of of ballooning. They state that most because of the small numbers of training for at least five students in 24 balloon flight instruction under part 61 balloons, pilots, and days with months, at least 80 percent of whom is ‘‘casual’’ and accomplished without a acceptable weather for balloon flight, passed the practical test on the first curriculum or proper documentation, ballooning should be treated differently attempt. Several commenters indicate often during paid passenger sightseeing than other aircraft categories. Some that one student per year per flights with inadequate attention given commenters ask what specific quality- commercial-pilot instructor is more to the student. These commenters state of-instruction issues the FAA meant to typical. One commenter also states that that while many instructors do a fine address with the proposal. The flight instructor refresher courses for job, many do not, and send their commenters contend that ballooning has balloonists would be cost prohibitive students to take practical tests an outstanding safety record, and that and impractical because there would be unprepared. According to these creation of the new flight instructor so few balloon instructors. commenters, one result of the proposal certificate would make training harder The commenters believe that the lack would be better performance on to obtain, for both initial pilot of flight instructors would result in biennial flight reviews, and that renewal certification and for flight reviews. fewer instructors familiar with local requirements could be met through The BFA strongly opposes the flying conditions. They believe that the proposal, stating that the proposal lack of flight instructors also would flight instructor refresher clinics, which would ‘‘lead to severe economic, safety, force potential students and pilots are not cost prohibitive. One commenter and time burdens to all balloon pilots, requiring flight reviews to travel long states that he supports the proposal to the point where it will cause a distances to find flight instructors. even though a scarcity of qualified significant decline in our sport.’’ The Commenters also state that the low pilots would initially hurt his balloon BFA’s comment states that there is no number of suitable flying days would operation. He believes that the proposal current safety problem to justify the make the instructor hour requirements would benefit the industry in the long proposal, and that consistent use of the hard to meet. Commenters generally run by increasing professionalism and Practical Test Standards by designated contend that the proposal would have a improving safety. Another commenter examiners has ensured that balloon devastating impact on the industry by who supports the proposal, with instructors obtain necessary skills. The reducing the availability of instruction, reservations, recommends reducing the BFA states that the safest learning overall flight activity, balloon sales, and number of students an instructor would scenario is for student pilots to train in revenue related to locally-sponsored have to endorse for renewal of the the area where they will do most of their balloon events. The Governor of instructor certificate from five to two, flying, so that they can learn local Nebraska, who opposes the proposal, every 24 months, but with a passing rate weather and terrain conditions. This states that the ‘‘imposed hardship may of 100 percent. will not be feasible if prospective pilots, eliminate the sport of balloon flying in except those who live in the few major Nebraska.’’ The Mayor of Omaha also FAA Response: The FAA has decided urban centers where there is a large opposes the proposal because ‘‘there is to withdraw the proposed flight amount of balloon activity, are forced to no evidence that the current system is instructor certificate in the lighter-than- obtain training from nonlocal training not working.’’ The Nebraska Department air category. After further review of the facilities. The BFA also states that of Aeronautics also opposes the proposal, the FAA has concluded that students in such circumstances proposal. operational requirements and accident/ probably would lose the benefit of more Some commenters state that the FAA incident data do not establish a frequent training sessions. had previously made and rejected this sufficient safety justification for the SSA and NAFI also oppose the proposal, and that no further economic increased regulatory and economic proposal. SSA comments that there has or safety studies were made to justify burden. Section 61.133 of the final rule been no demonstrated safety proposing the flight instructor provides that a person with a degradation under the current system, requirement again. Another commenter commercial pilot certificate with a and NAFI states that the FAA has failed suggested, as an alternative to creating lighter-than-air category rating may: (1) to provide supporting evidence of a a flight instructor certificate, that Give flight and ground training in an need for the change. SSA points out that instruction be given only by commercial airship or balloon for the issuance of a the BFA provides training material and balloon pilots with at least 200 hours certificate or rating; (2) give an self-polices in a manner similar to the flight time and who fly at least 50 hours endorsement on a pilot certificate for an United States Hang Gliding Association per year. Another commenter with a (USHGA). similar suggestion added that the airship or balloon; (3) endorse a student AOPA objects to proposed § 61.7, commercial pilots could be required to pilot certificate or logbook for solo which addresses obsolete certificates pass the advanced ground instructor operating privileges in an airship or and ratings, because it would effectively written (knowledge) test. Other balloon; and (4) act as pilot in command invalidate all balloon certificates issued commenter-suggested alternatives of an airship under IFR or in weather before 1973. AOPA maintains that all included increasing the flight hour conditions less than the minimum certificated airmen should be able to requirements for certification, prescribed for VFR flight. retain the privileges they currently hold. particularly at the commercial pilot Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16229

D. New Instrument Ratings comply with the proposed certificate October 4, 1984, was omitted from the exchange procedures. NATA contends proposed rule. It is AOPA’s position 1. Single-Engine and Multiengine that the current system is safe and that the only pilots who should not Ratings efficient, and states that the proposal receive automatic conversion to the new Summary of the proposal/issue: The would place an undue financial burden certificate are those who currently have FAA proposed to amend § 61.5 to on those who wish to obtain the new a limitation on their certificates that establish additional instrument ratings ratings. NATA estimates the cost of the states that operations are restricted to for single-engine and multiengine new multiengine rating at $1,250 for ‘‘Airplane Multiengine VFR only.’’ airplanes. For airplanes, currently only training (10 hours at $125/hour), and AOPA also contends that the conversion one instrument rating exists. $300 for the practical test and provisions favor instructors who teach Additionally, the FAA also proposed to designated examiner. NATA states that full-time at flight schools, and that the establish single-engine and multiengine the current system, in which instrument provisions will result in a majority of instrument ratings for flight instructors. proficiency is demonstrated during a multiengine airplane instructors losing The FAA requested public comment on multiengine instructor check ride, is their instruction privileges. According its proposed conversion process for sufficient. NATA also contends that any to AOPA, very few multiengine current holders of airplane instrument conversion of current flight instructor instructors actually provide instrument ratings to the new system. certificates and ratings should award instruction in multiengine airplanes, Comments: Approximately 200 any pilot holding a CFII and MEI and, therefore, they would be unable to comments oppose the new instrument certificate the new certificates upon meet the requirement of 20 hours of ratings for single-engine and implementation of the new regulations. such instruction. AOPA further notes multiengine airplanes. Approximately AOPA also objects to the proposal. that a vast number of CFIIs have never 20 commenters favor the proposal. The association believes that the current endorsed a student for an instrument Approximately 160 comments are in system, which requires an applicant for airplane practical test, and would also opposition to the single-engine and a multiengine airplane class rating or be unable to meet the conversion multiengine airplane instrument ratings multiengine airplane instructor rating to requirement for both the single-engine for flight instructors. demonstrate instrument or instrument and multiengine CFII privileges. AOPA ALPA supports the proposed instruction competency during the recommends that all current CFII-MEI instrument ratings for single-engine and practical examination, is sufficient. instructors should be ‘‘grandfathered’’ multiengine aircraft. ALPA finds the AOPA comments that it appears from under the new system. proposal particularly important in light the NTSB investigation of the 1981 Individual commenters who oppose of the removal of the minimum-hour multiengine accident cited by the FAA the proposal in Notice No. 95–11 to requirement for an instrument rating. in the NPRM that the pilot became create separate instrument ratings for The association contends that it would disoriented in instrument single-engine and multiengine airplanes be inappropriate for very low time pilots meteorological conditions (IMC). AOPA contend that the number of engines to have their single-engine instrument believes that the accident had little to issue and the instrument procedures rating also apply to multiengine do with the adequacy of the pilot’s issue are independent, and that airplanes. training in instrument procedures for instrument procedures, including GAMA supports class-specific multiengine aircraft. AOPA maintains engine-out approaches, normally are instrument instructor ratings for single- that the FAA should not make drastic part of the multiengine practical test. engine and multiengine airplanes. policy changes based on a single event. These commenters contend that GAMA asks why the FAA does not According to AOPA, the proposal will instrument procedures do not simply prohibit instrument instructors be very costly for the pilot community essentially change from a single-engine who do not hold a multiengine and would discourage pursuit of the to a multiengine airplane. Some instructor rating from giving instrument multiengine instrument rating. AOPA commenters state that the proposal does instruction in multiengine aircraft. also states that if the FAA’s intent in the not seem justified by the NTSB’s According to GAMA, this could be proposed regulation is to close an recommendation, which was followed accomplished by adding a limitation on apparent loophole that permits a CFII when the FAA instituted a policy to the CFI’s certificate that states who is not an MEI to give instrument require that multiengine airplane rating ‘‘instrument instruction privileges are instruction in a multiengine airplane, candidates demonstrate proficiency in limited to single-engine aircraft.’’ then the regulation should state this instrument procedures or receive a GAMA believes that flight instructors rather than requiring the new ‘‘VFR only’’ limitation with their holding multiengine instrument certificates. multiengine rating. instructor ratings should be able to In its comment, AOPA also expressed One commenter who favors the two provide instrument training in single- concern about inconsistencies in the new instrument ratings states that the engine aircraft. The commenter states preamble to the NPRM and the actual system would make instrument flying that all pilots possessing both language in the provisions for safer and instrument operations in a multiengine and instrument instructor conversion of existing instructor multiengine airplane ‘‘easier.’’ Echoing ratings on the effective date of the rule certificates. AOPA notes that the AOPA’s comments, one individual should be ‘‘grandfathered’’ and issued preamble indicates that a person may commenter notes that instrument an instrument multiengine airplane exchange his or her existing instrument instructors who routinely instruct in rating without further examination or certificate for the new instrument multiengine airplanes typically do not testing. airplane multiengine rating if one of endorse students for instrument rating EAA, NAFI, and NATA oppose the three conditions is met. AOPA states practical tests. Such instruction is one proposal. EAA states that there is no that the third condition, which provides of the conditions proposed for safety justification for the change and for the ‘‘grandfathering’’ of a person converting a current airplane instrument that it will cause additional training and who held an airplane multiengine class flight instructor certificate to the new expense. NAFI expresses concern about rating and had satisfactorily completed system. However, the commenter states current instrument pilots and the practical test for an instrument that such instructors may teach instrument instructors who do not rating in a single-engine airplane before advanced courses for instrument- and 16230 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations airline transport pilot (ATP)-rated equipped airships, and to help foster 110 favor the proposal, and the rest are pilots. Another commenter states that growth of this small segment of the either in opposition or suggest an the proposed system of conversion to aviation industry. alternative. Approximately 120 the new flight instructor airplane single- Comments: NAFI and AOPA oppose comments specifically address the 50- engine and multiengine ratings would the proposed requirement for an hour cross-country experience place an unwarranted economic burden instrument rating to instruct in an requirement, with 75 of those upon relatively new, part-time, or airship. The commenters state that there supporting the proposal and the rest independent flight instructors. One is no problem with existing training, either in opposition or suggesting an commenter states that the FAA did not which is conducted almost entirely in alternative. The commenters’ reasoning provide supporting safety data in the VFR conditions. AOPA also comments on the two proposals follow essentially NPRM indicating that multiengine that such a requirement would increase the same lines. Those who favor instrument instruction has been training costs with no increase in safety. eliminating the requirements consider inadequate, and a number of Individual commenters echoed the them arbitrary and unnecessary commenters assert that there would be association’s position on this issue. One obstacles for pilots who seek the no safety benefit from the proposal. individual commenter supports the instrument rating, which can make them Consistent with AOPA’s position, proposal because it may foster the safer pilots. Those who favor individual commenters state that they growth of the United States airship maintaining the requirements state that believe many flight instructors currently industry. exposure to different operating providing multiengine airplane FAA Response: The FAA has decided environments is important for instrument instruction would not not to establish an instrument rating for ‘‘seasoning’’ pilots so they are better qualify under the proposal. One airships, because operational prepared for flight under IFR. commenter also notes that multiengine requirements and accident/incident data GAMA supports eliminating the 125- examiners may not qualify under the do not establish a sufficient safety hour total time requirement for an proposal either. One commenter justification for the increased regulatory instrument rating. GAMA comments suggests changing proposed and economic burden. that a disproportionate number of § 61.201(h)(2)(i) to include time 3. Powered-Lift general aviation accidents occur when providing instrument competency VFR pilots encounter IFR weather checks in multiengine airplanes, while Summary of proposal/issue: The FAA conditions, and allowing pilots to begin a number of commenters request a more proposed to amend § 61.5 to establish an instrument training sooner will liberal ‘‘grandfather’’ clause. additional instrument rating for positively impact safety. GAMA also Another individual commenter powered-lifts, with a corresponding supports eliminating the 50-hour cross- expresses concern that the proposal instructor rating. country requirement for similar reasons. would require an additional practical Comments: Some commenters oppose AOPA echoes GAMA’s comments and test in a multiengine airplane the instrument rating requirements for states that encouraging such training is (apparently referring to separate powered-lifts. However, most probably the single greatest step in practical tests for the multiengine rating commenters objected in general to the decades toward reducing the general and the multiengine instrument rating). additional powered-lift category of aviation accident rate. He states that the current policy (of aircraft. FAA Response: The FAA has requiring demonstration of instrument FAA Response: As discussed in determined that eliminating the 125- proficiency on the multiengine practical section IV,E of this preamble, the FAA hour total time requirement removes test) is sufficient. is confident that powered-lifts will be burdensome regulations that add cost FAA Response: The FAA is persuaded useful in civilian operations in the without demonstrated need, parallels by the public comments regarding the future, and a separate instrument rating ICAO standards and recommended unintended negative effects that would will be required, which is incorporated practices, and will encourage more result from the creation of multiengine into the rule. pilots to receive instrument training at and single-engine instrument and an earlier stage in their career. This instrument instructor ratings. Current E. Requirements for Instrument Ratings proposal is adopted in the final rule. accident/incident data show that there Summary of proposal/issue: The FAA After further review, the FAA has are no safety problems resulting from proposed numerous revisions to § 61.65, decided to retain the 50 hours of cross- the existing rules. Therefore, the FAA the most significant of which was country pilot-in-command time required finds that there is insufficient safety revising the eligibility criteria for for the instrument rating. The FAA justification for the increased regulatory applicants for the instrument rating to deems that this change is necessary in and economic burden, and has parallel standards set by the order to comply with minimum eliminated the proposal from the final International Civil Aviation requirements under Annex 1 to the rule. Organization (ICAO). The proposal eliminated the requirement for a Convention on International Civil 2. Airship minimum of 125 hours of total flight Aviation and for U.S. pilot certificates Summary of proposal/issue: The FAA time, including 50 hours of pilot-in- with an instrument rating to be also proposed to amend § 61.5 to command cross-country time. This recognized internationally. establish an instrument rating for proposed change to § 61.65, comments F. New Aircraft Category and Class airships. The FAA noted that smaller, received regarding the proposal, and the Ratings foreign’ built airships are operated in FAA response are discussed here as one the United States, and it was hoped that major issue. Other changes to § 61.65 are 1. Powered-Lift industry growth would be accompanied discussed in the section-by-section Summary of the proposal/issue: The by the need for more airship pilots. A discussion. FAA proposed to add a powered-lift separate airship instrument rating was Comments: Approximately 150 category for the private pilot through intended to remove an obstacle from the comments address the proposed ATP certificates, as well as for the flight certification of commercial airship elimination of the minimum 125-hour instructor certificate. Minimum pilots desiring to fly smaller, non-IFR- requirement. Of these, approximately experience requirements for the Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16231 powered-lift ratings were developed requirements for persons seeking class rating if they have completed a based on the current minimum certification to pilot powered-lifts. current flight review. experience requirements for airplane ASA’s comment opposes the 2. Glider Class Ratings ratings. separation of the glider category into Comments: Approximately 65 Summary of the proposal/issue: The powered and nonpowered-glider comments addressed the establishment FAA proposed to establish class ratings classes. The commenter states that of the powered-lift category. Of these for powered gliders and nonpowered auxiliary-powered sailplanes are, for all comments, over 40 oppose the proposal gliders within the glider category for the practical purposes, nonpowered gliders, and more than 20 express support, private pilot through commercial pilot except for the ability to self-launch. while the rest either do not express a certificates, as well as the flight ASA suggests changes to the proposed clear opinion or offer other suggestions. instructor certificate. regulations that would meet the goals of Both NAFI and EAA oppose the Comments: Approximately 85 the NPRM, with respect to gliders, proposal. NAFI states that there is comments are in opposition to the new without requiring the creation of insufficient information available for the glider class ratings and approximately separate classes within the glider aviation industry to properly evaluate 40 are in favor. Another 20 comments category. ASA recommends that training the establishment of powered-lift do not express a clear opinion on the requirements for gliders be consolidated requirements, and recommends deleting question or suggest alternative under a single glider category with all references to powered-lifts from the proposals. However, many of these 20 subheadings listing additional training proposed regulations. EAA indicates its comments appear to favor the concept of for powered sailplanes. ASA proposes support for NAFI’s comments. the two class ratings, but contend that that AC No. 61–69, which addresses AOPA also questions the need for a glider pilots who have nonpowered powered sailplanes, should be referred separate airman certificate category for glider experience as well as an airplane to in the regulation specifying the areas powered-lifts. They believe that the pilot certificate should be considered of operation for glider category ratings. implementation of the new category is qualified for the powered glider rating. Pilots seeking to obtain a powered- premature, if not entirely unnecessary, glider rating should first be required to because there are no viable aircraft of One commenter states that glider flight instructors who performed their complete the training required for a this type on the market today. AOPA nonpowered glider rating. ASA states that the skills necessary to fly this practical test in a nonpowered glider should not be required to demonstrate proposes expanded definitions of ‘‘flight type of aircraft would duplicate those of time’’ and ‘‘flight training’’ that take 20 hours of instruction experience in the nearly 1,200 ATPs who are already gliders into account. that class to convert their flight certificated in both airplanes and ASA also comments that pilots and rotorcraft. AOPA suggests that the instructor certificates as proposed in flight instructors with glider category proposal be amended to require future § 61.201. ratings, including those currently powered-lift airmen to possess ratings in A number of the proposal’s supporters experienced in auxiliary-powered both airplanes and helicopters, and submitted signed form letters. The sailplanes, should retain their ratings specifically type rate these individuals letters recommend dividing the glider and should not be required to take an when and if powered-lifts reach the category into nonpowered glider and additional practical test. ASA also states market. According to AOPA, this powered-glider classes, and call for the that the proposed conversion approach would eliminate a myriad of incorporation of the powered glider requirements for glider flight instructors testing, licensing, and certification flight and test requirements of Advisory do not consider the fact that much requirements that will likely remain Circular (AC) No. 61–94 into the advanced glider instruction takes place dormant for many years. AOPA regulation. The form letter proposes a entirely in single-seat gliders, with the recommends withdrawing all sections different conversion system from instructor in one glider and a student in the proposed rule relating to current certificates to the new following the instructor in another powered-lift aircraft until it becomes certificates than what was proposed in glider. ASA believes a statement evident that such aircraft will find §§ 61.5 and 61.201. The letter authorizing such training as flight applications in the civil marketplace. recommends that flight instructors be instruction is necessary. FAA Response: The FAA has permitted to add the powered-glider SSA opposes the division of the glider determined that a new powered-lift class rating to their certificates after category into two classes because the category should be established. Industry completing 20 hours of flight time in a flight characteristics of gliders, whether is currently developing powered-lifts, powered glider and completing training powered or nonpowered, are essentially and current pilot certification standards and testing in accordance with AC No. the same. SSA acknowledges that do not adequately reflect the 61–94; or by holding a flight instructor powered gliders may require knowledge certification requirements for powered- airplane single-engine land rating and levels similar to those of powered lifts. Current certification standards logging 20 hours in a powered glider. aircraft, but believes that there are were not drafted with the intent of The same letter recommends that similarities between all aircraft, and that certificating powered-lift pilots. The holders of private or commercial glider these similarities are addressed in the FAA recognizes the importance of pilot certificates be permitted to receive knowledge and flight tests. SSA is anticipating further developments in the powered glider rating if they have concerned that the FAA does not aviation technology. Therefore, the FAA logged either a minimum of 25 hours, recognize the efforts expended by contends that these new regulations are including at least 10 flights in a instructors and flight schools to ensure necessary to respond to future needs of powered glider during the preceding 24 pilots are adequately trained in these aviation. The proposal is adopted in the months, have a current flight review, areas. SSA notes that the existence of final rule and modified to include and have a logbook entry showing AC No. 61–94, which, the commenter provisions permitting the use of completion of training in accordance states, has been instrumental in approved powered-lift flight simulators with AC No. 61–94. The form letter also achieving safe operation of auxiliary- and approved powered-lift flight recommends that holders of glider pilot powered sailplanes. SSA contends that training devices to satisfy certain certificates be able to convert to the new there are only 200 licensed powered training and aeronautical experience certificate with a nonpowered glider sailplanes in the United States, and that 16232 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations there is an inadequate distribution of paragraph (k) to § 61.31, which provides qualified pilots with speech and hearing two-place powered sailplanes to training and endorsement requirements impairments, and are likely to be in respond to the NPRM’s requirements. for operating gliders. violation of the Americans with SSA states that it ‘‘seems beyond the Disabilities Act of 1990. G. English Language Requirements scope of lessening the burden of HAI also expresses a concern that regulatory reform to establish a class Summary of the proposal/issue: The someone who is speech or hearing rating for such a minimal size group FAA proposed to delete exceptions to impaired would not meet the who has not shown a propensity to requirements for applicants to be able to requirements to read, write, speak, and denigrate safety.’’ SSA suggests that read, speak, write, and understand the understand the English language. The pilots should be required to acquire a English language at all certificate levels commenter also objects to proposed ‘‘certificate with a glider category,’’ and ratings, as well as in the case of § 61.83, because many foreign students obtain a logbook endorsement for each certificates issued on the basis of foreign who train in the U.S. do not become launch method demonstrated, and pilot licenses under § 61.75. The FAA more fluent until later in their training, follow a syllabus to reach certification. also proposed to delete references to the and would therefore be eliminated from EAA supports SSA’s comments to the ability to write in English and to speak eligibility under the proposed change. proposed class ratings for powered and without accent or impediment that HAI recommends retaining the language nonpowered gliders and believes there would interfere with two-way radio of the existing rule. is no safety justification to support the communication at the ATP certificate Individual commenters also express proposal. EAA specifically objects to the level in § 61.151. concern about the proposal’s effect on proposed powered glider rating for Comments: ALPA and NAFI support speech and hearing impaired private pilots as set forth in the proposed English language individuals. Other commenters who did § 61.109(b)(5), and recommends requirements. NAFI believes the not address the implications for speech incorporating a power glider potential for communications error will and hearing impaired individuals endorsement rather than adding a decrease under the proposal. support the proposal, stating that it rating. IDPA states that, while it would would improve communications and NAFI and AOPA also object to the support a proposal to standardize the safety. One commenter feels that the establishment of separate glider class English language fluency requirements, FAA should not eliminate the rule ratings. According to these commenters, it cannot support the proposed change language requiring ATP applicants to an endorsement specifying ‘‘self- because it would discriminate against speak English without accent or powered launch’’ privileges would be individuals who are deaf, hard of impediment and disagrees with the sufficient. NAFI also states that the FAA hearing, or otherwise speech impaired. FAA’s statement that the rule language has failed to provide evidence justifying IDPA opposes eliminating the provision is superfluous in light of the proposed the proposal on safety grounds. The that allows special limitations to be changes to the rule. commenters contend that if the proposal placed on pilot certificates restricting FAA Response: The FAA agrees that is adopted, all present glider pilots operations in airspace where the English there was an unintended effect in the should automatically receive a new language is required. IDPA suggests that proposed rule change that would certificate with both powered and the proposal be modified to allow the prevent deaf pilots, and pilots with nonpowered glider privileges. NAFI also retention of the special limitation other medical conditions that have a states that an individual who holds a provisions for Americans fluent in the command of the English language, from glider rating and an airplane category English language who are deaf, hard of meeting the eligibility requirements for rating should be able to obtain a hearing, or speech impaired. a pilot certificate. The FAA has powered glider rating without a further The NSFD states that it supports the determined, however, for safety showing of proficiency. opinions expressed by IDPA. The concerns, that operations in the NAS do Some of the individual commenters DCARA joins in these concerns and require a basic command of the English who oppose the proposal state that AC states that there is no reason to restrict language. Therefore, as proposed, the No. 61–94 addresses the issue of flight deaf and speech-impaired pilots from FAA is removing the exceptions that instructors endorsing pilots to fly flying in airspace where permit pilots to be certificated without powered gliders. One commenter states communications are not necessary. a basic command of the English that most glider instructors are also PVA opposes the effect of the language. The FAA has added a rated in powered aircraft, and that the proposed changes to the English provision to the eligibility requirements proposed system would make it more language requirements on individuals for pilot certification to permit difficult to find an appropriate with hearing or speech impairments, individuals who have a command of the instructor. and states that the changes would make English language, but who may not be FAA Response: After reviewing the these individuals ineligible for pilot able to meet the proposed requirements comments, the FAA has decided not to certification under §§ 61.96, 61.103, or due to a medical condition, to have create separate class ratings for 61.123 on the basis of their disability. limitations placed on their pilot nonpowered and powered gliders. PVA urges the FAA to ensure that the certificates that would continue to Instead, the FAA has decided to accept eligibility requirements do not permit them to exercise the privileges of the alternative suggested by industry arbitrarily discriminate on the basis of a their certificate. that would establish training and disability. endorsement requirements for specific In its comment, AOPA states that it H. Areas of Operation glider operations in lieu of placing supports the position of IDPA. AOPA Summary of the proposal/issue: In limitations on pilot certificates as is states that qualifying language that Notice No. 95–11, the FAA proposed currently required. This change will made special provision for hearing and general areas of operation to be reduce the regulatory burden on the speech impaired individuals has been addressed in training and on practical public, as well as the administrative inappropriately deleted from tests, for all pilot and instructor burden for the FAA, while providing a §§ 61.103(b) and 61.213(a)(2). AOPA certification. This was a departure from level of safety equivalent to the current further comments that §§ 61.83(c), specifying the required maneuvers and regulations. The FAA has added 61.96(b), and 61.123(b) also single out procedures in the FAR. The specific Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16233 tasks to be performed would be balloons with airborne heaters, but training centers, and part 141 pilot contained in the practical test standards suggest variations on use of the schools. (PTS), based on the areas of operation terminology. One commenter, for Section 61.1(b) listed in the regulations. example, suggests using ‘‘gas balloon’’ Comments: Approximately 65 and ‘‘hot air balloon;’’ another, however, In Notice No. 95–11, the FAA comments address the proposal to use suggests ‘‘balloon’’ and ‘‘balloon with proposed to create a new section, 61.1a, generalized areas of operation in the airborne heater.’’ to clarify 15 terms used throughout part regulations, and a large majority FAA Response: After reviewing the 61 as follows: aeronautical experience; opposed the proposal. Commenters comments, the FAA has decided to airman certificate; authorized ground object that the FAA could revise modify the language defining ‘‘balloon’’ instructor; authorized flight instructor; requirements for certificates and ratings to state ‘‘a lighter-than-air aircraft that is cross-country time; examiner; flight without issuing an NPRM and soliciting not engine driven, and that sustains training; ground training; instrument public comments. One commenter states flight through the use of either gas approach; instrument training; that this change would not be in buoyancy or an airborne heater.’’ In knowledge test; pilot time; practical test; compliance with the Administrative addition, the FAA has modified the supervised pilot-in-command time; and Procedures Act. One commenter definition of ‘‘pilot in command’’ in training time. For ease of reference, questions the proposed terminology and proposed paragraph (b)(4), withdrawing proposed § 61.1a and the definition of states that while the proposal refers to the reference to ‘‘actual flight terms contained in current § 61.2 as performing areas of operation, pilots conditions.’’ A number of commenters adopted in Amendment No. 61–100, actually perform tasks within areas of oppose the use of this language in the ‘‘Aircraft Flight Simulator Use in Pilot operation, which the commenter states proposed rule. Their comments are Training, Testing, and Checking at should clearly be referred to in the addressed in the discussion of § 61.1. Training Centers,’’ have been regulation as those specified in part 61. The definition of flight time was incorporated into § 61.1. SSA supports the FAA’s decision for adopted as proposed except for a Comments: Approximately 200 the FAR to refer to those areas of modification that replaced the term comments were received in response to operation and tasks that coincide with ‘‘nonpowered glider’’ in the proposed the clarification of terms. SSA the PTS. SSA believes that this change definition with ‘‘glider without self- comments that part 1 is the appropriate will eliminate the confusion between launch capability.’’ The FAA also place to define terms, instead of § 61.1a. the PTS and the FAR. However, SSA determined that the definition of One commenter, who was in general expresses a concern that this proposed ‘‘powered-lift’’ should be added to this agreement with the proposed change will only result in the section because the new powered-lift clarification of terms section, requests promulgation of more tasks for each area category is adopted in the final rule. that the FAA define ‘‘training’’ for of operation. According to SSA, the cost The proposal is adopted with the purposes of logbook entries. Another of learning to fly has significantly changes discussed and with other minor requests that ‘‘compensation or hire’’ be increased because the amount of editorial and formatting changes. defined in § 61.1(a). Another commenter required training has changed over the requests that the FAA define the term Discussion of Specific Proposals years, and the commenter does not ‘‘route’’ as used in proposed believe that these increased The FAA proposes to change the title § 61.129(a)(4)(ii). Other comments requirements have resulted in a of part 61 to ‘‘Certification: Pilots, Flight specifically address the proposed terms significant decrease in accidents. Instructors, and Ground Instructors,’’ and definitions. FAA Response: The FAA is adopting because part 143 has been eliminated AOPA opposes the exclusion of this proposal in order to be more and the rules governing the certification student pilot certificates from the responsive to advances in training and of ground instructors have been moved definition of airman certificates because technology, and to accident and to part 61. these certificates are subject to most of the part 61 provisions for airman incident trends. While the FAA Special Federal Aviation Regulations recognizes the commenters’ concerns, certification. the FAA finds that they are unfounded. SFAR No. 58 Advanced Qualification SSA supports the adoption of the term Changing the hour requirements for Program ‘‘supervised pilot in command’’ because it will help eliminate the confusion certification in the future would need to The final rule retains the reference to surrounding ‘‘solo flight’’ and reinforces be conducted using a formal rulemaking SFAR No. 58. process with its associated notice and the principle that the CFI supervises all comment procedures. When revising the SFAR No. 73 Robinson R–22/R–44 solo flights by students. GAMA supports PTS, the FAA’s Flight Standard Service Training and Experience Requirements allowing student pilots to log pilot-in- actively seeks comments from the The final rule retains the provisions of command time under certain public, and continuously accepts SFAR No. 73. conditions, but it finds the definition of comments requesting changes for future ‘‘supervised pilot in command’’ vague Subpart A—General PTS revisions. and open to varying interpretations. Section 61.1 Applicability and AOPA urges the FAA to withdraw the V. Section By Section Analysis definitions. entire concept of ‘‘supervised pilot in Part 1—Definitions and Abbreviations command’’ and retain the current Section 61.1(a) definitions of dual and solo instruction Section 1.1 General definitions. Section 61.1 is revised by adding the time. Although the commenter supports The FAA proposed revising the provision in paragraph (a)(2) for pilot clarifying the policy with respect to definitions of balloon, flight time, and authorization, as well as deleting the permitting student pilots to log solo pilot in command. reference to § 61.71 and inserting a time as pilot-in-command time toward Comments: Individual commenters reference to ‘‘courses approved by the future certificates and ratings, AOPA agree with the FAA’s concept of Administrator under other parts of this believes that there are numerous distinguishing between the chapter’’ to incorporate training conflicts between the application of this requirements for gas balloons and programs under SFAR No. 58, proposed new term and many sections in part 61. 16234 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

According to the commenter, the term appropriate training and flight time for Six other individual commenters creates confusion as to what truly is an airman certificate, rating, flight oppose the proposed definition of ‘‘solo’’ time. AOPA also states that the review, or recency of flight experience. ‘‘authorized flight instructor.’’ Some of proposed definition raises liability Comments: Although pilot time in a the commenters state there is no reason concerns for instructors because of the flight simulator or flight training device to change from the commonly used term use of the term ‘‘supervised’’ for flights is addressed in certain definitions such ‘‘certified (certificated) flight instructor’’ when an instructor does not truly as ‘‘aeronautical experience,’’ one (CFI) to ‘‘authorized flight instructor,’’ supervise a student or pilot. The commenter points out that there is no or ‘‘AFI.’’ One commenter adds that the commenter notes there is no provision specific definition to provide for ‘‘marginal clarification’’ intended by the in proposed § 61.51 for logging training conducted in a simulator. new term does not warrant the supervised pilot-in-command time. FAA Response: The intent of the confusion likely to result among NAFI opposes the wording of the section is to ensure more consistent use students as well as the need to revise definition of ‘‘supervised pilot in of terms throughout part 61. The FAA books, videos, and other training command.’’ NAFI states that, except for finds that the commenter’s statement is materials. aircraft type certificated for more than outside the scope of Notice No. 95–11, FAA Response: The FAA has removed one crewmember, ‘‘a flight instructor and that the definition of ‘‘aeronautical the definitions of ‘‘authorized flight should not be on board an aircraft when experience’’ clarifies the rule and instructor’’ and ‘‘authorized ground a student is conducting a supervised should be adopted as proposed. instructor’’ and replaced them with a pilot-in-command flight.’’ NATA states new term, ‘‘authorized instructor,’’ that it supports permitting student Section 61.1(b)(2) Authorized instructor. which encompasses commercial lighter- pilots to log pilot-in-command time but The FAA proposed definitions for than-air pilots and ATP certificate that proposed § 61.51 provides ‘‘authorized flight instructor’’ and holders who may also provide training. adequately for this. NATA recommends ‘‘authorized ground instructor’’ in Additionally, the FAA has modified the retaining the term ‘‘solo’’ to eliminate §§ 61.1a (c) and (d). definition to include persons providing any confusion associated with the new Comments: ATA expresses concern training under part 142. With respect to term. NATA also states that the regarding the use of the term the commenters’ fear that the term proposed term does not clearly indicate ‘‘authorized flight instructor’’ in ‘‘certificated flight instructor’’ will no whether an instructor is permitted to be proposed § 61.1a(d). ATA notes the use longer be valid due to the change, the FAA stresses that flight and ground on board an aircraft. NATA also states of the term ‘‘authorized instructor’’ in that the term does not appear to be instructors are still certificated under § 61.157(f) and states that the term was applicable to advanced training. part 61, and therefore will remain not intended by the FAA to mean the HAI comments that the proposed term certificated instructors. leads to confusion in other areas of the holder of a flight instructor certificate. regulations and recommends retaining Rather, ATA states that the FAA meant Section 61.1(b)(3) Cross-country time. the term ‘‘solo.’’ The commenter asks that the term ‘‘authorized instructor’’ In Notice No. 95–11, cross-country whether pilot-in-command time counts could also include an instructor time was defined for three separate as supervised pilot-in-command time. qualified under the air carrier circumstances: (1) For persons who hold FAA Response: In response to the regulations of part 121. a private, commercial, or airline cited comments, the FAA acknowledges AOPA strongly opposes the proposed transport certificate; (2) for persons that certain definitions would not change from the term ‘‘certificated flight applying for a private or commercial clarify part 61. Therefore, the FAA has instructor’’ to ‘‘authorized flight pilot certificate or instrument rating; decided to not include the definitions instructor.’’ AOPA notes that references and (3) for military pilots. for ‘‘airman certificate,’’ ‘‘authorized are made to CFIs in thousands of Comments: NAFI indicates approval ground instructor,’’ ‘‘authorized flight publications, videos, books, and for the clarification of this term. HAI instructor,’’ and ‘‘supervised pilot in government manuals. The commenter recommends removing the requirement command’’ in the final rule. The FAA also is concerned that the proposed for cross-country flight time to require agrees that the definition of ‘‘airman terminology could have a deleterious landing by changing proposed certificate’’ conflicts with the U.S. Code effect on the liability exposure of flight § 61.1a(e)(1)(ii) ‘‘landing point’’ to and the FAR, and should be deleted. instructors. In addition, AOPA ‘‘destination.’’ HAI’s justification for the The FAA has removed the definitions comments that it appears that the FAA modification is that many CFIs, CFIIs, for ‘‘authorized flight instructor’’ and is relinquishing its role as the sole and aerial photographers may fly long ‘‘authorized ground instructor’’ and certificator of airmen, and that FAA distances without landing at any point replaced them with a single definition counsel is attempting to circumvent the other than their point of departure. The for ‘‘authorized instructor’’ as explained established procedures for certificate commenter states that its proposed in the analysis of § 61.1(b)(2) below. The enforcement actions since there are no change will permit these pilots to log concept of supervised pilot in command formal legal procedures in place for the cross-country time. The commenter also was created only to permit the logging removal of an authorization. The points out that the proposed 50-nautical of student solo time as pilot-in- commenter believes that this could mile requirement for all cross-country command time under § 61.51. The compromise a flight instructor in any flights is inconsistent with the 25- proposed definition created difficulty in certificate or civil action. The nautical mile cross-country flight determining when supervision was commenter contends that no requirement for pilots seeking occurring, and has been removed. justification is presented for this certification in helicopters. proposed change. AOPA supports clarifying what Section 61.1(b)(1) Aeronautical NAFI also opposes this proposed constitutes cross-country flight time experience. change in terminology. Consistent with based upon the certificate held by a The FAA proposed a definition of AOPA’s comment, NAFI states that the pilot. The commenter, however, aeronautical experience as pilot time term ‘‘CFI’’ would have to be replaced opposes the cross-country definition obtained in an aircraft, flight simulator, in every reference at considerable because it relies upon the undefined or flight training device for meeting the expense to government and industry. term ‘‘actual flight.’’ AOPA is concerned Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16235 that the definition effectively excludes Section 61.1(b)(5) Flight simulator. proposed definition of ‘‘instrument taxi, run-up, takeoff, and landing roll as The FAA has modified and combined approach’’ in § 61.1a(i) and the loggable flight time. According to the current definitions of ‘‘flight instrument proficiency requirements of AOPA, this unloggable time could be simulator, airplane’’ and ‘‘flight § 61.57(c)(1)(i) because the definition significant if full-stop landings are simulator, helicopter,’’ as adopted in requires that the approach be flown to required for currency training. Amendment No. 61–100, to include all MDA or DH. The commenter also is While one individual commenter categories of aircraft. concerned that under the proposed expresses agreement with the proposed definition, an approach not flown to definition, others propose changes that Section 61.1(b)(6) Flight training. MDA or DH could be logged only if ATC would make the definition more In Notice No. 95–11, the term ‘‘flight considered it unsafe. AOPA believes appropriate for different categories of training’’ was defined as training other that a pilot is in a better position to aircraft and types of operations. than ground training received from an determine safety issues. AOPA also Commenters state that the definition is authorized flight instructor in actual points out that the majority of training not appropriate for balloon operations, flight in an aircraft. flights are conducted in VFR conditions which do not necessarily use airports Comments: For the same reasons with the aid of air traffic services. and in which a 50-nautical mile flight expressed in its comment on the use of According to the commenter, the may be unusually far, or for glider the term ‘‘actual flight’’ in defining proposal would pose an economic and operations, which may cover long cross-country time, AOPA opposes the safety threat by forcing pilots to distances but begin and end at the same use of the term in the definition of continue an approach under unsafe site. One commenter suggests treating ‘‘flight training.’’ SSA does not object to conditions in order to log it and avoid ‘‘mission pilots,’’ such as those this definition, but notes that it narrows the cost of repeating the approach, or to conducting fish-spotting and fire and the ‘‘perception of dual time,’’ which terminate the approach for safety pipeline patrol operations, the same as could include simulators. reasons before it could be logged. military pilots. To account for such FAA Response: The intent of the NAFI also opposes the wording in this cases, one commenter suggests section is to ensure more consistent use provision, because a typical descent in provisions under which cross-country of terms throughout part 61. The FAA which the aircraft breaks out of the flight would include any flight that believes the definition achieves this goal overcast before reaching MDA would departs an airport and its traffic pattern and should be adopted as proposed with not be loggable. and lands at another location, or, for a a modification to remove any Some individual commenters also flight that does begin and end at the distinction between flight and actual state that this definition may be overly same location, would include any flight flight in response to commenters’ restrictive, because practice approaches of more than 50 nautical miles in concerns. often are conducted under VFR and powered aircraft, or 25 nautical miles in without involvement of ATC. These nonpowered aircraft. That commenter Section 61.1(b)(7) Flight training commenters state that the pilot, safety states the proposal would apply to device. pilot, or flight instructor may determine flights in which dead reckoning, The FAA has modified the current the need to terminate the approach prior pilotage, electronic, or radio navigation definition of ‘‘flight training device,’’ as to reaching MDA or DH for safety aids were used. set forth in Amendment No. 61–100, to reasons. Another commenter states that FAA Response: In response to the include all categories of aircraft. it is beneficial for beginning instrument commenters’ concerns, the FAA has students to complete some approaches modified the definition of ‘‘cross- Section 61.1(b)(8) Ground training. visually so they better understand issues country time’’ to remove any distinction In Notice No. 95–11, the term ‘‘ground related to transitioning from between flight and actual flight. The training’’ is defined as training other instruments to visual flight. That definition was also modified to permit than flight training received from either commenter also indicates that in flights of 25 nautical miles for a private an authorized ground instructor or an approaches conducted under IFR, pilots rotorcraft rating to be considered as authorized flight instructor. However, may sight the airport or runway prior to cross-country flights. The definition was the FAA has modified the definition in reaching MDA or DH if weather modified to include references to future the final rule to replace the phrase conditions permit. One commenter navigation systems rather than ‘‘authorized ground or flight instructor’’ suggests revising the definition to restricting cross-country navigation to with the term ‘‘authorized instructor.’’ permit the pilot to terminate the present methods and systems. In This change was discussed in the approach prior to DH or MDA for safety response to comments received, the analysis of § 61.1(b)(2). Except for this reasons. Another commenter proposes FAA modified the definition of cross- change, the definition is adopted as to define ‘‘instrument approach’’ as country time to permit a commercial proposed. No substantive comments ‘‘ * * * an approach procedure defined pilot, airline transport pilot, or military were received. in part 97 and conducted in accordance pilot qualified for a commercial pilot with that procedure or as directed by rating to log cross-country time without Section 61.1(b)(9) Instrument ATC to a point beyond an initial requiring a landing at a point 50 approach. approach fix defined for that nautical miles from the original point of Notice No. 95–11 described the procedure.’’ The commenter explains departure. instrument approach as an approach that this definition would allow for procedure, defined in 14 CFR part 97, logging instrument approaches that Section 61.1(b)(4) Examiner. conducted to an established minimum require some portion of the published In Notice No. 95–11, the term referred descent altitude (MDA) or decision approach procedure to be followed in to persons authorized to conduct height (DH) or, if necessary, to a higher order for the pilot to establish visual practical tests or knowledge tests under altitude selected by the air traffic references to the runway. The part 61. However, the FAA has modified control (ATC) facility with jurisdiction commenter suggests that for specific the definition in the final rule to include over that airspace for safety reasons. purposes such as training or currency persons who conduct pilot proficiency Comments: AOPA believes that there requirements, the term could refer to tests. is a potential conflict between the descent to the MDA or DH, or to the 16236 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations missed approach point, which may exemptions to provide for the use of issued an additional renewal, or occur after the MDA is reached. simulators and flight training devices. reinstatement of a category, class, or FAA Response: To address the Therefore, the final rule reflects instrument rating for a U.S. flight public’s concerns, the definition of established FAA policy. instructor or ground instructor ‘‘instrument approach’’ was modified to certificate. remove any requirement that the Section 61.1(b)(13) Practical test. Comments: ALPA expresses concern approach be conducted to DH, MDA, or The proposed definition included to a higher altitude selected by ATC in both oral and flight testing or testing in over proposed § 61.2, which, the order to be considered an instrument an approved flight simulator or flight commenter states, makes it easier for a approach. training device on the areas of operation person who is neither a U.S. citizen nor for an airman certificate, rating, or a resident alien to obtain a U.S. pilot Section 61.1(b)(10) Instrument authorization. The definition is changed certificate. ALPA urges further training. in the final rule to remove the reference amendment of this regulation as Notice No. 95–11 defines instrument to ‘‘actual flight.’’ Except for this follows: ‘‘A certificate issued under this training as that time in which change, the definition is adopted as subsection may not permit the holder to instrument training is received from an proposed. No substantive comments serve as a required crewmember on an authorized flight instructor under actual were received. aircraft in the commercial operations of or simulated instrument flight Section 61.1(b)(14) Set of aircraft. a U.S. carrier.’’ ALPA cites ‘‘the need to conditions. protect quality piloting jobs for U.S. Comments: One commenter expresses The FAA has modified the current citizens and resident aliens.’’ According concern regarding the lack of a definition originally set forth in to ALPA, future growth in U.S. air sufficient provision for training Amendment No. 61–100 from ‘‘set of carrier operations will be on airplanes or rotorcraft’’ to ‘‘set of conducted in simulators, and suggests a international routes, and there are definition for ‘‘simulated flight’’ and for aircraft’’ to include all categories of indications that U.S. carriers are ‘‘instrument training,’’ which would aircraft. considering hiring noncitizen, encompass training received in a flight Section 61.1(b)(15) Training time. nonresident aliens as flight crew for simulator or flight training device. Another commenter states that the Notice No. 95–11 discussed ‘‘training these operations. proposed definition does not refer to time’’ as training received in actual AOPA opposes the wording of authorized ground instructors. flight from an authorized flight proposed § 61.2 because it appears that FAA Response: Training received in instructor, on the ground from an the current regulation has been changed flight simulators is outside the scope of authorized ground or flight instructor, to the detriment of foreign pilots seeking the rule, and is addressed in another or in a flight simulator or flight training U.S. certification. According to AOPA, rulemaking project (Notice No. 92–10), device from an authorized ground or the proposed language places a different as explained in section II. The term flight instructor. emphasis on the word ‘‘need,’’ implying Comments: AOPA opposes the use of ‘‘authorized instructor’’ is used as that the discretion to determine whether the term ‘‘actual flight’’ in the definition explained in the analysis of § 61.1(b)(2), a pilot really ‘‘needs’’ a certificate is left of ‘‘training time’’ because it effectively and the definition of instrument training to the Administrator. The commenter has been modified to reflect this change. excludes taxi, run-up, takeoff, and landing roll as loggable flight time. recommends retaining the original Section 61.1(b)(11) Knowledge test. According to AOPA, this unloggable language. It is AOPA’s position that, The term ‘‘knowledge test’’ replaces time could be significant if full-stop instead of attempting to limit the ‘‘written test,’’ because the FAA believes landings are required for currency issuance of U.S. pilot certificates to the term ‘‘knowledge test’’ is a more training. foreign airmen, the FAA should inclusive term that incorporates the use FAA Response: The definition of aggressively pursue reciprocal rights for of computer testing on the aeronautical ‘‘training time’’ was modified in the U.S. certificated pilots in foreign knowledge areas in part 61. No final rule to remove any distinction countries because U.S. certificates are substantive comments were received, between flight and actual flight. Taxi not normally recognized as the and the definition is adopted as and run-up time performed for the equivalent of certificates issued in other proposed. purpose of flight can be logged as countries. training time. Section 61.1(b)(12) Pilot time. FAA Response: The FAA notes Section 61.2 Certification of foreign ALPA’s concerns but does not find the The FAA inadvertently failed to pilots, flight instructors, and ground commenter’s specific proposal to be discuss this proposed definition in the instructors. within the scope of this rulemaking. As NPRM preamble. However, in response explained in the preamble to Notice No. to requests for legal interpretations as to In Notice No. 95–11, the FAA 95–11, the existing provisions of § 61.2 what constitutes ‘‘pilot time,’’ the FAA proposed to revise § 61.2 to include a included the definition of ‘‘pilot time’’ provision for ground instructor limit U.S. training and airplane in the proposed rule. certificates. As previously noted, manufacturing companies from Comments: A commenter expresses Amendment No. 61–100 redesignated expanding their business into the strong opposition to the inclusion of this section as current § 61.3. The FAA international aviation market. The training given in an approved flight also proposed to permit a person who is proposed rule was written to address simulator or approved flight training not a citizen of the United States or a this problem. With regard to AOPA’s device in the proposed definition of resident alien of the United States to: (1) comment concerning the language of the ‘‘pilot time.’’ complete a knowledge or practical test proposed rule, the FAA finds that the FAA Response: Since the early 1980’s, outside the United States; (2) be issued proposed rule does not differ the FAA has recognized the importance an additional category, class, substantively in this regard from the of flight simulators and flight training instrument, or type rating, as applicable existing rule. The rule is adopted as devices, and has issued over 30 on a U.S. pilot certificate; and (3) be proposed. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16237

Section 61.3 Requirement for that the proposal still is ambiguous. He pilots, a policy they support. ASA, SSA, certificates, ratings, and authorizations. states that ‘‘physical possession’’ should AOPA, and EAA support retaining As previously noted, Amendment No. be defined in § 61.1a or replaced with ‘‘a medical self-evaluation for glider pilots. 61–100 redesignated this section as valid airman certificate in the aircraft ASA states its opposition to the current § 61.5. and readily accessible when exercising imposition of any standards for medical * * *’’ self-evaluation, while SSA opposes the Section 61.3(a) Pilot certificate. FAA Response: The FAA is persuaded listing of disqualifying conditions. The FAA clarified the requirement in by the public comments that contend AOPA states that by not including § 61.3(a) that a pilot certificate must be the proposed section could create powered gliders in proposed in the person’s ‘‘personal possession’’ difficulties in certain situations. As § 61.3(c)(2)(i), the FAA will be revoking whenever the person exercises the provided for in § 61.29, the FAA will the currently held privilege of operating privileges of the certificate. permit a pilot to use a facsimile received powered gliders without a medical Comments: ALPA supports the from the FAA to satisfy the certificate. AOPA is unaware of any requirements of proposed § 61.3(a) on requirements of § 61.3(a). In response to documented problem with medical AOPA’s comment regarding instructors incapacitation-related accidents for the possession of certificates. who act as safety pilots not being powered gliders that could justify HAI comments that while the loss of required to have a medical certificate, implementation of a new medical a pilot certificate during a trip may be the FAA notes that § 91.109 specifies certificate requirement for this group of considered remote, it has occurred. The that a safety pilot is required to conduct airmen. NAFI also states that powered commenter contends that because the simulated instrument flight, which gliders should be included in this loss of a certificate does not affect the makes the safety pilot a required regulation. safety of an operation, a pilot should not crewmember. Therefore, an instructor in FAA Response: The FAA has be unduly penalized. HAI recommends such situations would be required to considered the public comments that modifying § 61.3(a) to provide an hold a medical certificate. In addition, indicate the proposed section could exception in the case of operations AOPA requests that safety pilots create difficulties for certificate holders under part 121 or part 135 where a operating under § 91.109 be excepted who are awaiting the replacement of lost procedure has been approved for from holding medical certificates. The or destroyed certificates. Therefore, the interim operations after the accidental FAA has decided not to address this phrase ‘‘or other documentation loss of a pilot certificate. HAI notes that request here, as it is beyond the scope acceptable to the Administrator’’ has while the conditions for granting an of this rulemaking. been added to the final rule. With regard approval for such a procedure for part to AOPA’s concern over medical 121 and 135 operators are beyond the Section 61.3(b) Required pilot certificate requirements for pilots flying scope of Notice No. 95–11, the proposed certificate for operating a foreign powered gliders, as explained in section exception can be implemented registered aircraft. IV,F, the FAA is not adopting the immediately, and details associated In Notice No. 95–11, the FAA proposed separation of the glider with the procedures could be included proposed formatting and editorial category into powered and nonpowered in an AC or in FAA handbook material, changes to this paragraph. The rule classes. pending the determination of the need change addresses the pilot certificate However, for reasons discussed in to change part 121 or part 135. requirements for operating aircraft of section IV,A of this preamble, the final EAA and NAFI oppose the proposal foreign registry within the United rule includes medical certificate and contend that pilot records can be States, and is adopted as proposed. No requirements for recreational pilots, and obtained at any time through the use of substantive comments were received. student pilots seeking recreational pilot computers and electronic media. These certificates. commenters do not believe the proposal Section 61.3(c) Medical certificate. will enhance safety and, instead, might This section was clarified in Notice Section 61.3(d) Flight instructor expose pilots to inadvertent violations No. 95–11, and set forth the certificate. and enforcement actions. EAA also requirements for persons to have their In Notice No. 95–11, the FAA states that under the proposal, pilots medical certificate in their physical clarified the requirement that a flight who lose their certificates on a cross- possession or readily accessible in the instructor certificate must be in the country flight would be unable to return aircraft. It also specifically identified person’s ‘‘personal possession’’ home. when it is permitted for persons not to whenever the person exercises the It is AOPA’s position that, although have their medical certificate in their privileges of the certificate. This section proposed § 61.3 is a slight improvement physical possession or readily also provided that a flight instructor over the existing regulation, the FAA accessible in the aircraft. certificate is not necessary if: (1) The should withdraw this requirement Comments: HAI suggests modifying training is given in accordance with a entirely. AOPA recommends that the proposed § 61.3(c)(1)(ii) to cover the part 121 or part 135 air carrier approved FAA qualify the language in § 61.3 accidental loss of a medical certificate. training program; (2) the training is concerning ‘‘required crewmember’’ to Similarly, GAMA suggests adding the given by the holder of an ATP certificate state that the instructor may not act as language ‘‘except for renewal or under § 61.169 of this part; and (3) the a ‘‘crewmember required under the replacement’’ to proposed person receiving the training and the aircraft’s type certificate’’ without a § 61.3(c)(1)(ii). person giving the training are employees valid medical certificate. AOPA believes Approximately 30 commenters of that air carrier. This proposal also that this modification would permit a address proposed medical certification provided that a flight instructor flight instructor to provide instrument requirements from the point of view of certificate is not necessary if the training instruction and act as a safety pilot glider operations, nearly all of them in is conducted in accordance with the under the regulations without a medical favor of Notice No. 95–11. Most provisions of § 61.41. certificate. commenters feel the proposal confirms Comments: GAMA and AOPA are One individual commenter agrees that medical certificate requirements concerned that the proposal would with the need for clarification, but states would continue not to apply to glider present problems for flight instructors 16238 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations participating in renewal programs that to operate an airship under IFR or IMC person may serve as, a pilot under part require instructors to turn in their CFI was deleted. The proposal also required 121 if that person has reached his or her certificate when they mail in their pilots of gliders to hold an instrument 60th birthday. That section, however, course documentation. AOPA believes rating for a single-engine airplane. The applies only to pilots serving with U.S. the proposed rule could ground these FAA has decided to eliminate the air carriers certificated under part 121. instructors while they await their proposed airship instrument rating There are some U.S.-registered aircraft certificates. proposed in § 61.3(k)(4). Instead, the operated by non-U.S. air carriers. Under ATA states that the language in the FAA is retaining the current Annex 1 to the Convention on NPRM preamble regarding proposed requirements for pilots to possess a International Civil Aviation, the pilots § 61.3 implies that a flight instructor lighter-than-air commercial pilot of these aircraft must hold U.S. pilot certificate is not necessary if the training certificate with an airship rating to be certificates or a U.S. validation of their is in accordance with a part 121 air permitted to fly airships under IFR, foreign pilot license. The special carrier approved training program, and because the FAA concluded that purpose pilot authorization under the persons receiving and giving the operational requirements and accident/ § 61.77 provides for validation of a training are employees of the air carrier. incident data did not establish a foreign license and applies an age 60 ATA notes that many part 121 air sufficient safety justification for limitation similar to that in part 121. carriers provide training to other part increased regulatory or economic However, there has not been an age 60 121 air carriers. The commenter burdens resulting from the proposed rule applied to the holders of regular recommends modifying the regulation change to the rule. This section is U.S. pilot certificates while operating to exclude the language ‘‘person changed to reflect the elimination of the U.S.-registered aircraft for non-U.S. air receiving the training’’ and include a proposed separation of single- and carriers. This rule provides such a statement that would allow a part 121 multiengine instrument ratings, as well limitation. air carrier with an approved training as the elimination of the powered glider In operations specifications issued program to train another part 121 air class rating, as explained in section IV,D under part 129, the FAA does require carrier’s pilots. and section IV,F, respectively. that foreign air carriers under part 129 FAA Response: Based on public apply to their pilots in command the age comments that argue the proposed Section 61.3(f) Category II pilot 60 limitation in Annex 1. This applies section could create difficulties in authorization. only to operations in the United States, situations where flight instructor The proposed rule contained only however, and does not apply to seconds certificates are mailed in upon editorial and format changes, and is in command. It also applies to all completion of a renewal course, the adopted as proposed. airplanes operated by the foreign air FAA has decided to add the phrase ‘‘or carrier, not just U.S.-registered other documentation acceptable to the Section 61.3(g) Category III pilot airplanes. Section 61.3(j) applies to all Administrator,’’ which would permit a authorization. pilots, applies to certain operations both flight instructor to use a copy of a The provisions set forth in current inside and outside the United States, graduation certificate from a CFI § 61.5(i) as adopted in Amendment No. and applies only to the operation of refresher course and a copy of the 61–100 have been retained with only U.S.-registered airplanes. completed application for renewal to minor editorial and format changes. Section 61.3(j) proposed to apply the meet this requirement. The FAA also age 60 rule to specific operations, agrees with ATA’s comment, because Section 61.3(h) Category A aircraft including any scheduled international the practice that ATA refers to is pilot authorization. air services, nonscheduled international currently permitted, and the FAA did The proposed rule contained only air transportation, or common carriage not intend to revoke it. Therefore, the editorial and format changes, and is operations for compensation or hire in FAA has changed the final rule to adopted as proposed. civil airplanes having a (1) passenger permit an air carrier conducting seating configuration of more than 30 operations under part 121 or 135 with Section 61.3(i) Ground instructor seats, excluding any required an approved training program to train certificate. crewmember seat, or (2) payload another air carrier’s pilots. Additionally, The FAA proposed to include the capacity of more than 7,500 pounds. the FAA has added provisions stating certification of ground instructor This was arrived at by merging the that a flight instructor certificate is not certificates and ratings in part 61, and operations covered at that time by the necessary for certain training given by replaced the phrase ‘‘personal part 121 age 60 rule, and those the holder of a commercial pilot possession’’ with ‘‘physical possession, operations covered by the Annex 1 age certificate with a lighter-than-air rating, or immediately accessible when 60 standard. Part 121 included a person qualified in accordance with exercising the privileges’’ of the ground scheduled and nonscheduled operations subpart C of part 142, a person as instructor certificate. Except for a minor of civil airplanes having a passenger provided in § 61.41 of this part, and the modification to clarify that a ground seating configuration of more than 30 holder of a ground instructor certificate. instructor can only provide seats, excluding any required endorsements for a knowledge test, the crewmember seat, and all-cargo Section 61.3(e) Instrument rating. final rule is adopted as proposed. operations with airplanes having a This section replaced the references to payload capacity of more than 7,500 the instrument rating needed for each Section 61.3(j) Age limitation. pounds. The Annex 1 standard covers class of aircraft category with the phrase Notice No. 95–11 proposed to align aircraft engaged in scheduled ‘‘appropriate aircraft category, class, the age 60 rule for pilots with the international air services and type, and instrument rating.’’ Under the requirements of part 121 for all U.S. and nonscheduled international air proposed rule change that established foreign pilots who are employed by transportation operations for an instrument rating for airships, the foreign carriers that operate U.S.- remuneration or hire. existing requirement for a pilot to hold registered civil aircraft. Section However, since Notice No. 95–11, the a commercial certificate with a lighter- 121.383(c) provides that no certificate applicability of part 121 has been than-air category and airship class rating holder may use the services of, and no amended to include certain commuter Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16239 airplanes (60 FR 65832; December 20, is an operational rule and should not a flight training device, provided it can 1995.) In order to align § 61.3(j) with appear in part 61 because it does not be shown to function as originally part 121, as was proposed, this final rule constitute a general aviation rule. Two designed and is used for the same applies to the following: commenters state that they believe the purpose for which it was originally (i) Scheduled international air safety benefits of an age 60 limitation is accepted or approved. The FAA notes services carrying passengers in turbojet- not established, and three commenters that only devices that were accepted in powered airplanes; note that the age 60 rule has been accordance with AC No. 61–66, (ii) Scheduled international air challenged in court. ‘‘Annual Pilot in Command Proficiency services carrying passengers in airplanes FAA Response: The FAA has treated Checks,’’ may be used to satisfy the having a passenger-seat configuration of the age 60 rule in the past as both an requirements of § 61.56. All other more than 9 passenger seats, excluding operational rule (§ 121.383(c)) and a devices may be used only to the extent each crewmember seat; certification rule (§ 61.77). Annex 1 to which they had received acceptance (iii) Nonscheduled international air places the limitation in its certification or approval prior to August 1, 1996. transportation for compensation or hire standards. Part 61 contains not only This final rule also includes a provision in airplanes having a passenger-seat general aviation rules, but also rules that stating that the Administrator may configuration of more than 30 passenger apply to airline transport pilots and approve devices other than flight seats, excluding each crewmember seat; commercial pilots. The FAA has simulators or flight training devices for or decided to include the age limitation in specific purposes. (iv) Scheduled international air § 61.3(j) as a convenient location where Section 61.5 Certificates and ratings services, or nonscheduled international affected persons may easily find it. air transportation for compensation or Recently the FAA reconsidered the issued under this part. hire, in airplanes having a payload age 60 rule and decided not to propose The FAA proposed significant capacity of more than 7,500 pounds. to change it (60 FR 65977; December 20, changes to this section. The FAA has ‘‘International air service’’ is defined 1995). There is no reason to reexamine decided to withdraw the conversion as in Article 96 of the Convention of that decision at this time. While a provisions proposed in paragraphs (e) International Civil Aviation (Chicago petition for review of that decision has through (h) from the final rule because Convention) as scheduled air service been filed in the United States Court of the ratings proposed in those paragraphs performed in airplanes for the public Appeals, there is no need to further were not adopted. transport of passengers, mail, or cargo in delay implementation of age limitations. which the service passes through the air Section 61.5(a) space over the territory of more than one Section 61.3(k) Special purpose pilot In Notice No. 95–11, the FAA country. ‘‘International air authorization. proposed to include the ground transportation’’ is defined as air The proposed rule required pilots instructor certificate in part 61. The transportation performed in airplanes who hold a special purpose pilot specific provisions regulating the for the public transport of passengers, authorization issued in accordance with ground instructor certificates are mail, or cargo in which the service § 61.77 to have that authorization in discussed in the section-by-section passes through the air space over the their possession in the aircraft when analysis of §§ 61.211–61.217. territory of more than one country. exercising the privileges of that Section 61.5(b) In the part 121 amendment, the FAA authorization. The rule is adopted as delayed the compliance date for pilots proposed. No substantive comments Section 61.5(b) proposed to establish on operations that were not subject to an were received. a powered-lift category rating; an age limitation in the past but now are instrument rating for powered-lifts, subject to the age 60 rule (see 60 FR Section 61.3(l) Inspection of nonpowered, and powered class ratings 65843, as amended, 61 FR 2608; January certificate. under the glider category; separate 26, 1996). Because § 61.3(j) is a new age This section, as proposed, permitted instrument ratings for single-engine and limitation, and does not just add certain exceptions during the proposed multiengine airplanes; and an additional operations to an existing age 2-year transition period for the instrument rating for airships. As limit, the FAA is applying the same implementation of flight instructor discussed in section IV,D and section delayed implementation dates to all certificates in the lighter-than-air IV,F, the proposals for a powered-lift operations. However, until December category. Because those ratings have not category rating and an instrument rating 20, 1999, a person may serve as a pilot been adopted in the final rule, proposed for powered-lift are adopted. As in operations covered by this paragraph paragraph (k) has been withdrawn. previously discussed in section IV,F, the after that person has reached his or her Proposed paragraph (l) is adopted as FAA has decided to withdraw the 60th birthday, if, on March 20, 1997, proposed. No substantive comments proposals for separate ratings under the that person was employed as a pilot in were received. glider category, separate instrument operations covered by this paragraph. ratings for single-engine and While Notice No. 95–11 proposed to Section 61.4 Approval of simulators multiengine airplanes, and an align the age 60 limitation in § 61.3(j) and flight training devices. instrument rating for airships. with that in part 121, at that time the Although this section was not In Notice No. 95–11, the FAA changes to part 121 had not been made proposed in Notice No. 95–11, it was set proposed to delete from this paragraph final, and Notice No. 95–11 did not forth in Amendment No. 61–100. It is the word ‘‘small’’ in the reference to specifically include the new part 121 modified to refer to the approval of turbojet airplanes in the paragraph that airplanes. Accordingly, the FAA invites flight simulators and flight training applies to aircraft type ratings. The FAA comments on the inclusion of additional devices. The current section has been also proposed to eliminate the reference airplane operations under § 61.3(j). revised to provide that any device used to AC No. 61–1, ‘‘Aircraft Type Comments: Five comments were for flight training, testing, or checking Ratings.’’ The reference is obsolete received. One commenter supports that has been found to be acceptable to because the AC has been revised. The clarifying the age 60 rule. Another or approved by the Administrator prior list of type ratings is incorporated into commenter objects that the age 60 rule to August 1, 1996, is considered to be AC No. 61–89D, ‘‘Pilot Certificates: 16240 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Aircraft Type Ratings,’’ which also section, and except for the above implications of proposed §§ 61.9(a)(1) consists of type-rating curricula. The changes, the final rule is adopted as and 61.9(c) for flight instructors. FAA is adopting the proposed changes proposed. According to AOPA, the proposals may in the final rule. create a de facto contractual relationship Section 61.9 [Reserved.] The FAA proposed to delete from this between the instructor and the student paragraph the specific reference to type In Notice No. 95–11, the FAA to provide flight or ground instruction ratings in small helicopters for pilots proposed that this section be titled in a specific amount of time. AOPA with ATP certificates. The FAA is ‘‘Written syllabus for conducting points out that each student is different, adopting this change in the final rule. training.’’ The FAA also proposed to and these differences may not be require that training under part 61 for Section 61.5(c) apparent at the beginning of a syllabus any airman certificate be conducted curriculum. The commenter believes In Notice No. 95–11, the FAA according to a written syllabus. Under that it would be better to provide the proposed to establish the following the proposal, instructors were prospective student with a copy of the ratings for flight instructor certificates: a responsible for ensuring that the PTS for the certificate or rating sought powered-lift category rating, lighter- syllabus contained all knowledge areas and to familiarize the student with the than-air category and class ratings, and areas of operation appropriate to the standards to which he or she will be powered and nonpowered glider class certificate and rating sought, and that expected to perform. ratings, and instrument ratings for the student completed all applicable AOPA also opposes the recordkeeping airship, single-engine and multiengine lessons prior to receiving any requirements of this provision. The airplanes, and powered-lift. For the endorsements. A copy of the syllabus commenter states that proposed § 61.9(f) reasons discussed in section IV,C and was required to be furnished to the creates strict liability compliance on the section IV,F, the lighter-than-air student, and an itemized written record part of the instructor by requiring the of training also was required to be category and class ratings, and glider instructor to provide the student with provided whenever a student completed class ratings for the flight instructor an itemized written record of the certificate are withdrawn. For the the curriculum or terminated training. Comments: NAFI recognizes the training accomplished when the student reasons delineated in section IV,D, the decides to terminate training. AOPA separate instrument instructor ratings benefits of a written syllabus, but opposes the proposal because of the notes that the student is not obligated to for airships and single-engine and give notice of his or her decision to multiengine airplanes also are associated recordkeeping requirements and enforcement potential. NAFI states terminate training to the instructor. withdrawn. The powered-lift category AOPA believes that the current required rating and instrument rating are adopted that the recordkeeping requirements are onerous, and the time limits for the logbook entries are sufficient as proposed. The powered-lift category documentation and that no further proposal is discussed in section IV,F. retention of these records are not specified. According to NAFI, the regulation is necessary. According to the Section 61.5(d) proposal would make instructors liable commenter, the recordkeeping requirements also represent a significant Notice No. 95–11 revised ground for enforcement action and litigation in addition of time and costs to training instructor certificates to distinguish the event a training syllabus is lost. without any increase in safety. ratings on the basis of aircraft category NAFI believes that the PTS is a (airplane, rotorcraft, glider, lighter-than- sufficient guide to ensure coverage of HAI comments that the proposed air, glider, and powered-lift). training requirements. written syllabus requirement is a good Comments: AOPA opposes the change NATA states that the proposed concept, but that it will create from the current ground instructor written syllabus requirement is a good difficulties for both flight instructors certificates (basic, advanced, and concept, but the commenter also and flight schools because of the instrument) to the proposed ratings. opposes the proposal because of the training time constraints and FAA Response: After further review, recordkeeping requirements. NATA recordkeeping requirements, especially the FAA has decided to retain the recommends that the references in because there are many part-time and current ground instructor ratings. The proposed § 61.9(a) (1) and (2) to occasional students with special FAA found that operational providing total training or lesson time requirements. HAI recommends deleting requirements and accident/incident data schedules to a student pilot be omitted any references to the instructor do not establish sufficient safety in order to lessen the pressures on providing total training or lesson time to justification for the increased regulatory students and instructors to complete a student pilot. and economic burden. training within a time frame. To ensure SSA opposes the proposed written the use of a written syllabus, NATA syllabus requirement in its current form. Section 61.7 Obsolete certificates and proposes that student pilots be required SSA contends that glider instruction is ratings. to submit the written syllabus to the unique in that it is virtually impossible In Notice No. 95–11, the FAA designated examiner during the to follow a written syllabus. Glider proposed to revise § 61.7 by adding a practical test. instructors cannot predict the training new paragraph (c) that would list five AOPA agrees in principle that most time of each flight, the length of total certificates and ratings that were flight training should be organized into training time, the maneuvers and proposed to be eliminated. However, the a format that ensures each student is procedures that will maximize each FAA has decided not to adopt separate taught the necessary aeronautical skills. training session, or the knowledge areas classes of airplane instrument ratings, The commenter, however, opposes the that will be covered on each flight separate the glider category into a proposed written syllabus requirement because of weather constraints and powered or nonpowered class rating, or and the associated recordkeeping and scheduling realities. SSA also states that establish new ground instructor ratings, transfer requirements. According to glider school operators feel it is because there is insufficient safety AOPA, the FAA does not provide any unreasonable to present students with a justification for the increased regulatory justification for the burdens of the complete package prior to beginning and economic burden. No substantive proposal. The commenter is also training because many students do not comments were received regarding this concerned about the liability progress past the first flight. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16241

GAMA supports requiring flight ‘‘Awarding of airman certificates, Section 61.16 Refusal to submit to an instructors to use a written syllabus for ratings, and authorizations,’’ and to alcohol test or to furnish test results. pilot training. GAMA comments that, revise the format of this section. while the recordkeeping requirements The significant proposed changes in In Notice No. 95–11, the FAA may appear somewhat burdensome, the this section were as follows: (1) proposed an editorial change to correct benefits to safety outweigh the Replacement of the phrase ‘‘flight the reference to § 91.11(c) in the existing administrative burden. According to proficiency requirements’’ with rule to § 91.17(c). The final rule is GAMA, a written syllabus would ‘‘approved areas of operation’’; (2) adopted as proposed. improve communication between the deletion from this section of the rule’s student and instructor, and it would provision that permits the use of aircraft Section 61.17 Temporary certificate. contribute to a higher quality of for a practical test that cannot perform In the preamble to Notice No. 95–11, training. The commenter also believes all of the approved areas of operation for the FAA proposed to revise this section that practical test because of limitations that the syllabus could prove useful to to include the ground instructor accident investigators and other safety listed in that aircraft’s type certificate; certificate. Although the actual revision personnel in understanding a pilot’s and (3) clarification that a limitation to the rule language was omitted training background. GAMA notes, placed on a person’s airman certificate however, that the training records may be removed if the pilot inadvertently from the proposed rule, should not be used for enforcement demonstrates to an examiner the final rule includes the appropriate purposes. satisfactory proficiency in the area of references to the ground instructor Several individual commenters also operation for which the airman certificate. The proposed rule also made cite concerns about burdensome certificate and rating are sought. some minor editorial changes. No recordkeeping, and one states that the For reasons of clarity, the final rule substantive comments were received on PTS are sufficient to follow. One changes the proposed section title word this proposal, and it is adopted as commenter suggests that the FAA ‘‘awarding’’ to ‘‘issuance’’. Except for proposed. publish an AC on the issue rather than these and other editing changes Section 61.19 Duration of pilot and adopting a regulation. One commenter applicable to Category III operations and states that the proposed requirement for the use of approved flight simulators instructor certificates. the syllabus to contain planned training and approved flight training devices, the In Notice No. 95–11, the significant times for lessons are impossible to final rule is adopted as proposed. No proposed changes in this section were: determine for all students; another adds substantive comments were received. a change in the title of proposed § 61.19 that specifying planned training times from ‘‘Duration of pilot and flight could be misconstrued as a written Section 61.14 Refusal to submit to a instructor certificates’’ to ‘‘Duration of contract. Comments supporting the drug test. proposal state it would cut down on In Notice No. 95–11, the FAA pilot and instructor certificates’’; unprepared instructors and would inadvertently set forth the pre-March deletion of the existing rule’s language promote an organized, logical approach 1994 regulatory language contained in specifying that a flight instructor toward meeting certification and rating § 61.14. certificate is only effective when requirements. One commenter supports Comments: In its comments, AOPA accompanied by a medical certificate the proposal for use of a written opposes proposed § 61.14(b) because it appropriate to the privileges being syllabus, but opposes the associated seems to allow certificate action against exercised; inclusion of ground recordkeeping requirements as any person who refuses to take a drug instructor certificates under part 61; and unnecessarily burdensome. On a related or alcohol test, regardless of whether the the addition of the language ‘‘or issue, another commenter stated that the person is required under the rule to take otherwise terminated’’ to the list of current requirement for flight a test. While AOPA believes that the conditions under which a certificate instructors to retain records for 3 years intent of this rule is obvious, it is may be terminated. uncomfortable with the removal of the is unnecessary. Comments: AOPA supports the qualifying language and recommends FAA Response: After further review of inclusion of ground instructor the proposal, the FAA has concluded retaining the current language. NAFI certificates without a specific expiration that operational requirements and the also comments about this proposed date, but objects to, and requests the accident/incident data do not establish section, and states that courts have a sufficient safety justification for the made determinations equating an deletion of, the language ‘‘or otherwise increased regulatory and economic adulterated test sample with refusal to terminated’’ in proposed § 61.19(f). burden resulting from the proposed take a test. NAFI is concerned that, AOPA states that the law provides rule. Therefore, the proposal has been because test samples might be protective procedures in the event of withdrawn. adulterated in many ways other than by suspension or revocation, and the the person taking the test, the wording commenter is unaware of any method of Section 61.11 Expired pilot certificates of the regulation might place pilots at certificate termination other than the and reissuance. risk of a violation and certificate methods specified in the existing rule. Minor editorial and format changes revocation ‘‘for reasons beyond their Individual commenters also express were proposed for this section. No control.’’ concern about the addition of the new substantive comments were received, FAA Response: As previously noted, language. and the final rule is adopted is no modifications were intended for FAA Response: After further review proposed. § 61.14. The final rule sets forth the and in response to the objections of existing regulation in its correct form. Section 61.13 Issuance of airmen AOPA and some individual certificates, ratings, and authorizations. Section 61.15 Offenses involving commenters, the final rule deletes the In Notice No. 95–11, the FAA alcohol or drugs. proposed language ‘‘or otherwise proposed to replace the title of § 61.13, No modifications were proposed for terminated.’’ Except for this change, the ‘‘Application and qualification,’’ with this section. final rule is adopted as proposed. 16242 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 61.21 Duration of a Category II aircraft is operated in simulated class medical certificate to be eligible to and a Category III pilot authorization instrument flight, and, under these apply for a private, commercial, airline (for other than part 121 and part 135 circumstances, AOPA contends that the transport pilot, or flight instructor use). safety pilot becomes a required certificate. This change also was made The FAA proposed minor editorial crewmember. According to AOPA, an in § 61.39, but is discussed here. These and format changes to § 61.21. No instructor becomes a required commenters feel that the proposal substantive comments were received, crewmember as soon as a pilot receiving would encourage pilots to seek instruction puts on a hood or other and, except for editorial changes to advanced training, even if they did not vision-limiting device. Therefore, AOPA include references to Category III intend to exercise the privileges of the reasons that a flight instructor who does operations, the final rule is adopted as higher certificate. AOPA, GAMA, and not possess a medical certificate cannot proposed. NAFI support permitting applicants for give any form of instruction involving a commercial or ATP certificate to hold Section 61.23 Medical Certificates: flight by reference to instruments under only a third-class medical certificate. Requirement and duration. simulated instrument conditions. The Like the other commenters, these The FAA proposed to change the title commenter recommends permitting an associations felt that the proposal would of this section from ‘‘Duration of instructor to act as a safety pilot without encourage training toward advanced medical certificates’’ to ‘‘Duration and a medical certificate. certificates and would improve safety. GAMA, NATA, HAI, and AOPA requirement for a medical certificate’’, With respect to the holding of medical oppose the language of proposed § 61.23 and to redesignate the paragraphs certificates by a flight instructor, the concerning the duration of the different within it. FAA has determined that the classes of medical certificates, and Proposed paragraph (a) set forth the compensation a certificated flight recommend retaining the current duration of each class of medical instructor receives for flight instruction language of the regulation. NATA certificate, and proposed paragraph (b) is not compensation for piloting the believes the proposed language is set forth the medical certificate aircraft, but rather is compensation for unclear and could lead to the instruction. A certificated flight requirements for each type of pilot misinterpretations. Other individual operation. Proposed paragraph (b)(3)(iii) instructor who is acting as pilot in commenters have echoed this position command or as a required flight clarified the existing requirement that a and state that, under the proposed person who is exercising the privileges crewmember and is receiving language, it appears that if a pilot’s first- compensation for his or her flight of his or her flight instructor certificate class medical certificate expires, the instruction is only exercising the while serving as a pilot in command, or pilot will not be able to exercise the privileges of a private pilot. A as a required crewmember, must hold a privileges of pilot certificates requiring certificated flight instructor who is third-class medical certificate. However, second-class and third-class medical acting as pilot in command or as a if the flight instructor is not serving as certificates. pilot in command or as a required FAA Response: In the final rule, the required flight crewmember and crewmember, then that person would title was changed to ‘‘Medical receiving compensation for his or her not be required to hold a medical Certificates: Requirement and duration,’’ flight instruction is not carrying certificate. The FAA proposed in and the section was further reformatted passengers or property for compensation paragraphs (b)(4)(i) and (b)(4)(ii) to and edited. The FAA reviewed AOPA’s or hire, nor is he or she, for permit student pilots who are seeking a concerns regarding the ability of flight compensation or hire, acting as pilot in recreational pilot certificate and instructors to act as safety pilots without command of an aircraft. Therefore, certificated recreational pilots to operate medical certificates. The FAA has because a certificated flight instructor on aircraft without holding a medical determined that safety requires all who is acting as pilot in command or as certificate, provided they have an required crewmembers, including safety a required flight crewmember and is application for an airman certificate on pilots, to possess valid medical receiving compensation for his or her file with the FAA that certifies they do certificates. flight instruction is exercising the not have any known medical The FAA agrees with the concerns of privileges of a private pilot, he or she deficiencies that would make them GAMA, NATA, HAI, and AOPA only needs to hold a third-class medical unable to pilot the aircraft. The proposal regarding problems in the proposed certificate. In this same regard, the FAA also afforded higher-certificated pilots language for the duration of medical has determined that a certificated flight exercising the privileges of a certificates and has modified the final instructor on board an aircraft for the recreational pilot certificate these same rule to restore the provisions of the purpose of providing flight instruction, privileges. existing rule. The FAA has also retained who does not act as pilot in command The FAA also proposed editorial and its proposal to require that an applicant or function as a required flight format changes to the paragraph for a private, commercial, or ATP crewmember, is not performing or concerning the duration of medical certificate possess only a third-class exercising pilot privileges that would certificates. medical certificate; but after further require him or her to possess a valid Comments: NAFI supports the review, has determined that the medical medical certificate under the FARs. proposal to permit flight instructors to certificate requirements that were The changes implemented by the FAA teach with only a third-class medical proposed to be contained in the still require a person who is involved in certificate. NAFI and AOPA express eligibility requirements listed under pilot operations requiring an ATP support for permitting flight instructors each pilot certificate subpart should be certificate (i.e., part 121 air carrier to teach without a medical certificate if placed in § 61.23. The purpose of this operations) to hold a first-class medical the instructor is not acting as a required change is to reflect the FAA’s position certificate. In addition, a person who is crewmember or pilot in command. that a medical certificate applies to the involved in pilot operations requiring a AOPA, however, believes there is a type of pilot operation being conducted. commercial pilot certificate (i.e., part discrepancy that is potentially unfair. Most commenters support the FAA’s 135 on-demand operators) will be The commenter points out that § 91.109 proposal, which provides that required to hold a second-class medical requires a safety pilot any time a civil applicants would only need a third- certificate. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16243

For reasons discussed in section IV,A urgent replacement of an airman a paragraph describing additional of this preamble, the final rule retains certificate. training required for operating a glider. the requirement that any pilot FAA Response: The cost for The reasons for this action are discussed exercising the privileges of a replacement of a lost or destroyed in section IV, F. recreational pilot certificate possess a airman certificate, medical certificate, or Section 61.31(a) Type ratings required. third-class medical certificate. knowledge test report is contained in 14 As a result of a legal interpretation CFR part 187. In response to This paragraph listed those aircraft for that permits applicants and check commenters’ concerns, the FAA notes which a type rating is required and is airmen, under parts 121 and 135, to that any changes to part 187 would be adopted without change. No substantive perform the practical tests for a type subject to public comment. The FAA comments were received. rating in a flight simulator without will accept a facsimile of the letter Section 61.31(b) Authorization in lieu either person holding a medical requesting replacement of these of a type rating. certificate, the FAA has modified certificates or reports in urgent cases. § 61.23 to permit applicants, examiners, This paragraph listed the Section 61.29(d) and check airmen to perform a practical circumstances under which a pilot may test or check without being required to In the final rule, paragraph (d)(2) has be authorized to operate, for up to 60 hold a medical certificate, provided that been revised to incorporate current days, an aircraft without holding the the test or check is only being policy, which is not to accept a post appropriate type rating. The provisions conducted in a flight simulator or a office box as part of a permanent are adopted without change. No flight training device. mailing address. Minor editorial substantive comments were received. changes were also made in the final Section 61.25 Change of name. Section 61.31(c) Aircraft category, rule. class, and type ratings: Limitations on In Notice No. 95–11, minor format Section 61.29(e) the carriage of persons or operating for and editorial changes were proposed. compensation or hire. No substantive comments were Proposed paragraph (e) provided that received. Except for a minor editorial a person who has lost an airman This paragraph provided limitations correction, the final rule was adopted as certificate, medical certificate, or on the carriage of persons for proposed. knowledge test report may obtain a compensation or hire. The provisions facsimile from the FAA confirming it are adopted without change. No Section 61.27 Voluntary surrender or was issued. No changes were made to substantive comments were received. exchange of certificates. this paragraph in the final rule. Section 61.31(d) Aircraft category, The FAA proposed to revise the Section 61.31 Type rating class, and type ratings: Limitations on format of this section. No substantive requirements, additional training, and operating an aircraft as the pilot in comments were received on this authorization requirements. command. proposal, and it is adopted as proposed. The FAA proposed several new or This paragraph provided limitations Section 61.29 Replacement of a lost or revised training and instructor on operating an aircraft as the pilot in destroyed airman or medical certificate endorsement requirements, and deleted command. or knowledge test report. the provision requiring a type rating in Comments: AOPA opposes the In Notice No. 95–11, the FAA helicopters for operations requiring an language in proposed § 61.31(d)(1), proposed to revise the title of this ATP certificate. The proposed which states that a pilot must be section and delete some language requirements included changes in ‘‘enrolled in a course of training’’ for a concerning the procedures for replacing endorsement requirements, special certificate or rating and be under the lost or destroyed airman or medical aircraft training, aircraft type specific supervision and endorsement of a flight certificates. training, and flight instructor instructor in order to operate, as pilot in endorsements for any aircraft specified command, an aircraft for which the Section 61.29 (a), (b), and (c) by the Administrator. person does not hold category and class The FAA proposed to delete the Comments: Approximately 55 privileges on his or her certificate. stated fee for replacement of a lost or comments address issues of AOPA believes that the use of the destroyed airman or medical certificate. endorsements, about 44 percent of language ‘‘enrolled in a course of The proposal also established the which oppose the proposals, 37 percent training implies that only a part 141 or procedures for obtaining copies of lost agree, and 19 percent offer alternatives. 142 school would be able to provide this or destroyed airman and medical An individual commenter also suggests authorization.’’ AOPA recommends certificates and knowledge test reports. an additional requirement for an replacing this language with words that Comments: EAA and NAFI disagree airplane pilot to have training and a recognize that the airman is ‘‘receiving with proposed § 61.29 because it does flight instructor endorsement to serve as training’’ toward a certificate or rating. not state what the fee is for replacement pilot in command in an amphibious An individual commenter also of a lost certificate. EAA believes that airplane. questions how a person would enroll in requiring an airman to call the Airman FAA Response: The FAA has made a course of training not associated with Certification Branch for fee information various clarifying changes to these part 141, as described in proposed is unreasonable. These commenters also sections and modified terminology § 61.31(d)(1). NAFI also makes the same are concerned that the fee could be because of changes implemented point and proposes that proposed raised without sufficient public elsewhere in the rule. The commenter’s § 61.31(d)(1) be changed to read ‘‘Be oversight. AOPA also opposes the proposal for an additional requirement under the supervision of a certified deletion of the fee information and for amphibious airplane pilots is outside flight instructor.’’ states that the rule contains no reference the scope of Notice No. 95–11 and FAA Response: After considering to where fee information can be found. cannot be included in the rule without AOPA’s and NAFI’s comments, the FAA The commenter contends that it is comment under the standard regulatory has decided to change the references impractical to use the mail for the process. In addition, the FAA has added from ‘‘enrolled in a course of training’’ 16244 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations to ‘‘receiving training’’, which is more 200 horsepower engines in the command of any aircraft capable of generic and avoids the implication that definition of high performance. operating above 25,000 MSL. According a pilot must receive training in an FAA- FAA Response: The FAA believes the to GAMA, this training has already been certificated school. operating characteristics of complex incorporated into many training aircraft and high-performance aircraft courses, therefore making it a formal Section 61.31(e) Exceptions. are so different as to justify separate requirement that should not impose an This paragraph was modified because endorsements. There are now turbine- undue burden. GAMA, however, there is no longer a separation of powered aircraft that are high- recommends that the grandfather clause powered and nonpowered glider class performance aircraft but that are not exempting pilots who have flown as certificates as in the proposed rule, for considered complex aircraft. Also, pilot in command in a pressurized the reasons stated in section IV, F. training in one type of aircraft does not aircraft be extended to the date of final Therefore, gliders were added to the list necessarily transfer to training in rulemaking instead of April 15, 1991, as of aircraft that do not require class another type of aircraft. However, the proposed. ratings. Minor editorial changes were FAA finds persuasive the commenters’’ FAA Response: After considering also made to this paragraph in the final objections to the proposed change in the AsMA’s comments, the FAA has rule. requirement of ‘‘200 horsepower or retained the phrase ‘‘and any other more.’’ Therefore, the rule will only physiological aspects of high altitude Section 61.31 (f) and (g) Additional require a separate endorsement for flight’’ in the final rule. However, training for operating complex airplanes with ‘‘more than 200 GAMA’s comment addresses a clause airplanes, and additional training for horsepower.’’ that was not modified in Notice No. 95– operating high-performance airplanes. 11 and is beyond the scope of this Section 61.31(h) Additional training rulemaking. The proposal is adopted as The FAA proposed to separate required for operating pressurized modified. endorsements for high performance and aircraft capable of operating at high complex aircraft. Proposed § 61.31(g) altitudes. Section 61.31(i) Additional training replaced the current requirement for a The FAA proposed to require pilots to required by the aircraft’s type certificate. pilot to receive training and an receive additional training for operating endorsement in an airplane with ‘‘more The proposed paragraph required ‘‘pressurized aircraft’’ because current than 200 horsepower’’ to ‘‘200 additional training and a flight provisions only require pilots to receive horsepower or more’’. instructor endorsement for a person to additional training in ‘‘pressurized serve as pilot in command of an aircraft Comments: Some commenters object airplanes.’’ This proposal captures the that the Administrator has determined to the proposal in § 61.31 that would possible development of pressurized requires type specific training. separate the endorsements for the aircraft that are not airplanes and may Comments: EAA and NAFI oppose the operation of airplanes with retractable be manufactured in the future. proposed requirement for type-specific landing gear, flaps, and a controllable Comments: AsMA urges an adoption training because the FAA has the ability propeller, and airplanes with engines of of a broader view of what encompasses to require additional training for a 200 horsepower or more, and state that human factors, and suggests specific specific aircraft when the type pilots with the current endorsement areas to include in such training. AsMA certificate for that aircraft is issued. should be covered by a ‘‘grandfather’’ recommends that instructor pilots be EAA states that training in aircraft that clause. required to attend special human factors have been in use for many years should NATA and GAMA support the seminars and that the FAA evaluate not be required. proposed separation of endorsements these new training efforts. The AOPA also objects to the type-specific for complex and high-performance commenter also states that training requirement on the grounds aircraft but oppose the proposed § 61.31(f)(1)(i) is too limited in scope that the proposal grants the definition of ‘‘high performance.’’ EAA because it requires only those pilots Administrator blanket authority to and NAFI also object to the proposed flying a pressurized airplane that has a require this additional training and definition of ‘‘high performance’’ and service ceiling or maximum operating would permit the FAA to permanently state that the inclusion of aircraft with altitude, whichever is lower, above regulate airman certification by policy 200 horsepower engines will add 25,000 feet MSL to complete aviation without the benefit of public comment. considerable cost for thousands of physiology training. AsMA contends GAMA states that the proposed aircraft owners. These commenters that the physiological stresses of flight requirement for type-specific training contend that there is no safety evidence can occur at lower altitudes, and other will require an appropriate level of to support the proposed definition. environmental and operational stresses training, determined on a model-by- Some individual commenters also can cause problems while flying at any model basis, and will significantly suggest maintaining the regulatory altitude. According to the commenter, improve safety. The commenter reference to engines of more than 200 proposed § 61.31(h)(1) (ii) through (vii) contends that a number of unfortunate horsepower. perpetuates these shortcomings and incidents and accidents have been In its comment, AOPA states that the takes an additional step in the wrong caused by the pilot’s lack of type- FAA has offered no justification for the direction by eliminating the last specific training in an aircraft that is separate endorsements for complex and sentence (‘‘and any other physiological more ‘‘advanced’’ than the pilot has high-performance aircraft, and the aspects of high-altitude flight’’) from the previously flown. GAMA states that the commenter is unaware of any serious existing rule. AsMA recommends aircraft may not be so different that a accident history to support the proposal. modifying existing § 61.31(f) to mandate type rating is needed, yet a high- According to AOPA, the aircraft that all U.S. civil aviation pilots be performance/complex endorsement may insurance industry has effectively required to complete ground training on be grossly inadequate, especially as new regulated this area by requiring training basic aviation physiology. aircraft designs are introduced. and instruction far in excess of that GAMA supports requiring one-time, A representative of the Texas proposed by the FAA. AOPA also high-altitude physiology and emergency Department of Aviation supports the objects to the inclusion of aircraft with procedures training for a pilot in proposal in § 61.31(i) for type-specific Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16245 training, but requests additional details tests. AOPA believes that this subtle applicant to present identification as to how such aircraft would be language change implies that the FAA is containing his or her actual residential identified, how the additional training going to assign applicants for knowledge address, if different from the applicant’s ‘‘would be treated,’’ and who would be and practical tests to a specific mailing address. Acceptable types of qualified to give such training. examiner. AOPA recommends retention identification include, but are not Several individual commenters also of the current language even if this is limited to, a driver’s license, a oppose the type-specific training not the intent of the change because the government identification card, a proposal; two commenters state that the new language is subject to this passport, or other forms of identification provision is vague and vests too much interpretation. HAI and individual that meet these personal identification discretion with the Administrator. commenters echo AOPA’s concerns. criteria. The photograph of the applicant FAA Response: It is the FAA’s FAA Response: The proposed change would be reproduced on the airman position that granting the Administrator replaced the phrase ‘‘persons, identity card portion of the airman the authority to require type-specific designated by the Administrator’’ with certificate. training, on any aircraft that the the word ‘‘examiners.’’ FAA notes the The FAA also proposed that Administrator deems appropriate, commenters’’ concerns and has retained applications for ATP certificates and provides the Administrator with the the existing rule’s language in the final ratings be included in § 61.35. In the minimum means necessary to rapidly rule. existing rule, § 61.35 did not apply to the written test for an ATP certificate or address safety concerns without the Section 61.35 Knowledge test: a rating associated with that certificate. delay incurred by rulemaking. The Prerequisites and passing grades. intent of the rule is for the The passing requirements for a written Administrator to only exercise this In Notice No. 95–11, § 61.35 was test for an ATP certificate or a rating power in limited circumstances. Flight retitled to read ‘‘Knowledge test: associated with that certificate were characteristics of certain aircraft may Prerequisites and passing grades,’’ found in the existing § 61.167. Existing necessitate the rapid implementation of instead of ‘‘Written test prerequisites § 61.167 stated that an applicant for an additional training. Recent Piper Malibu and passing grades.’’ The FAA proposed ATP certificate or rating must pass the and Robinson R–22 accidents that the term ‘‘written test’’ be replaced test with a 70 percent minimum passing demonstrate the need for this with ‘‘knowledge test’’ to reflect grade. requirement. When the Flight Standards computer testing and to be consistent Comments: NAFI, NATA, and AOPA Board (FSB) meets, a notice to the with FAA policy, as discussed in the oppose the proposal to require that an public is published in the Federal analysis of § 61.1(b)(11). applicant receive an endorsement from Proposed paragraph (a)(1) set forth a Register, and the opportunity for public an instructor certifying that the requirement that an applicant receive an comment is provided. The FAA believes applicant is prepared for the knowledge endorsement certifying the completion that this will permit the FAA to be more test. The commenters state that the fee of ground training or a home study responsive to patterns of accidents in is sufficient incentive for a student to course on the aeronautical knowledge the future, and the proposal is adopted prepare for the test. HAI also objects to requirements for each certificate or with minor editorial changes. this requirement and notes that students rating, and that the applicant is commencing ground school before their Section 61.31(j) Additional training prepared for the knowledge test. An flight training may not yet have required for operating tailwheel applicant would no longer be able to logbooks, or might lose their logbooks airplanes. present evidence of completion of a and then be unable to find the instructor This paragraph listed the additional home study course for review by an who provided the endorsement. NATA training required for operating tailwheel FAA Flight Standards District Office contends that computer testing has airplanes. The proposed rule contained (FSDO) as a basis of eligibility to take lifted the administrative burden of test formatting changes and has been the knowledge test. This practice is a scoring from the FAA. AOPA also adopted with only minor editorial role more properly filled by ground or opposes the proposal to remove the changes. No substantive comments were flight instructors. Home study would minimum passing grade for a knowledge received. continue to be acceptable; however, the test from the regulations. AOPA believes instructor rather than the FSDO would that this information should be a matter Section 61.31(k) Additional training review completion of the home study of public record. The commenter is required for operating a glider. course. concerned that the FAA could revise the The FAA has added this paragraph In proposed paragraph (a)(2), the passing grade requirements without because the proposal to separate the current requirements for the issuing an NPRM and soliciting public glider category into powered and presentation of personal identification comment. nonpowered class ratings as proposed in found in FAA Order 8700.1, ‘‘General GAMA states that the FAA should Notice No. 95–11 has been withdrawn, Aviation Operations Inspector’s eliminate the requirement for an and additional endorsements required Handbook,’’ were included and endorsement to take a knowledge test. for flying gliders have been adopted clarified. These identification According to GAMA, the FAA’s instead. The reasons for this action are procedures were established in response proposal fails to consider the high discussed in section IV, F. to the Drug Enforcement Assistance Act quality of training materials offered of 1988 (Pub. L. 100–690, November 18, today, most of which provide a means Section 61.33 Tests: General 1988). The proposal required an for the home study applicant to procedure. applicant to present identification complete practice tests at home before In Notice No. 95–11, a minor editorial consisting of the applicant’s taking the FAA knowledge test. In spite change was proposed to language of this photograph, signature, and date of birth of this, GAMA feels that an instructor section. showing that the applicant meets or will may feel reluctant to provide an Comments: AOPA objects to the meet the age requirements for the applicant with an endorsement based on proposed § 61.33 provision that the certificate sought before the expiration a one-time meeting. GAMA contends Administrator shall designate the time, date of the knowledge test report. The that if home study is permitted, an location, and examiner for conducting proposal would also require an applicant should be allowed to test 16246 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations when he or she feels ready. The certificate. The proposal also included certificate or rating, issued under this commenter believes that the testing fee the current prerequisites for practical part.’’ Additional changes were made to will act as the deterrent to premature test procedures found in FAA Order the language in order to clarify and testing. 8700.1. Comments relating to the third- simplify the section. One individual commenter who class medical certificate requirement are In proposed § 61.43(a), an applicant agrees with the proposal to require an addressed in the discussion of § 61.23. for a practical test was required to: instructor endorsement for the The FAA made minor editorial changes perform the approved areas of operation knowledge test suggests that § 61.35 to the final rule to reflect the use of the for the certificate or rating sought within state that the instructor must certify that term ‘‘authorized instructor.’’ the approved standards; demonstrate the student is competent to take the test, mastery of the aircraft with the so that the instructor can charge for the Section 61.39 (b) and (c) successful outcome of each task service. Another commenter opposes Proposed paragraphs (b) and (c) performed never seriously in doubt; this proposal. revised and clarified the current demonstrate satisfactory proficiency and FAA Response: In the general eligibility provisions for applicants for competency; demonstrate sound discussion of the preamble, the FAA ATP certificates and ratings. Minor judgment; and demonstrate single-pilot inadvertently stated that a ‘‘logbook’’ editorial changes were incorporated into competence if the aircraft is type endorsement was required for a this paragraph of the final rule. certificated for single-pilot operations. knowledge test. The rule, however, did No substantive comments, other than With regard to the demonstration of not include this provision and it was those addressing the third-class medical single-pilot competence listed in not the FAA’s intent to require a certificate requirement, were received, proposed paragraph (a)(5), most aircraft ‘‘logbook’’ endorsement. The FAA notes and the proposal is adopted with minor that are type certificated for one pilot the commenters’ objections to the editorial changes. are currently operated by one pilot. However, some aircraft (e.g., the Cessna requirement for an endorsement as a Section 61.39 (d) and (e). prerequisite to the knowledge test. Citation 501 and 551) are type However, the current rule requires an Although not proposed in Notice No. certificated for one pilot, but are applicant to show satisfactory 95–11, paragraphs (d) and (e) include operated by either one- or two-pilot completion of the required ground provisions relating to the completion of crews. The FAA realized that some instructor or home study course. This is all increments of the practical test that pilots may desire to operate an aircraft accomplished through the use of an were adopted in Amendment No. 61– type certificated for one pilot with a endorsement. The FAA has repeatedly 100. two-pilot crew. In this situation, the applicant would have the option, held that this requirement is necessary Section 61.41 Flight training received contained in proposed paragraph (b), to ensure a high quality of training, and from flight instructors not certificated not to demonstrate single-pilot the final rule is adopted as proposed by the FAA. with minor editorial changes. competence, but a limitation would be The FAA proposed minor editorial placed on the applicant’s airman Section 61.37 Knowledge tests: changes to this section. The proposal certificate that states a second in Cheating or other unauthorized conduct. replaced the word ‘‘instruction’’ with command is required. This limitation In Notice No. 95–11, the FAA the word ‘‘training,’’ and, in proposed could later be removed if the pilot proposed that the phrase ‘‘Except as paragraph (a), clarified that training demonstrates single-pilot competence. authorized by the Administrator’’ be received from a flight instructor of an This proposal was consistent with FAA deleted from this section. Current Armed Force must have been obtained Order 8700.1 regarding aircraft that are paragraph (a)(4) was inadvertently in a program for training military pilots. type certificated for one pilot, but deleted from the proposed rule and has In proposed paragraph (b), the FAA operated with one- and two-pilot crews. been included in the final rule. Minor clarified that flight instructors not The proposal did not change regulations editing and formatting changes were certificated by the FAA are only for applicants that apply for a certificate also proposed. No substantive authorized to give endorsements to or rating in aircraft that are usually comments were received, and the final show training given, but may not give operated by one pilot. These applicants rule is adopted as proposed. any of the endorsements required under currently are required to demonstrate part 61 to take a written or practical test single-pilot competence during the Section 61.39 Prerequisites for for a pilot certificate or rating, or for the practical test. practical tests. exercise of a certificate privilege. No In paragraph (e), the proposal codified In proposed § 61.39, the FAA replaced substantive comments were received, the procedures, which are currently the words ‘‘flight test’’ and ‘‘oral test’’ and apart from minor editing changes, found in FAA Order 8700.1, that with the words ‘‘practical test’’. The the final rule was adopted as proposed. address those situations under which an words ‘‘written test’’ were replaced with examiner or applicant may discontinue Section 61.43 Practical tests: General ‘‘knowledge test’’. These proposed the practical test due to inclement procedures. changes were consistent with the weather conditions, aircraft changes discussed in § 61.1, In Notice No. 95–11, the FAA airworthiness, or other flight safety ‘‘Applicability and Definitions.’’ The proposed to replace the term ‘‘flight concerns. FAA also proposed to clarify the test’’ with ‘‘practical test’’, and the Comments: AOPA supports proposed eligibility prerequisites for practical phrase ‘‘maneuvers and procedures’’ § 61.43(f)(1) permitting applicants tests. was replaced with ‘‘approved areas of whose first test was discontinued for operation’’. Applicants for ATP any reason to credit those areas of Section 61.39(a) certificates or ratings were to be operation that were performed The FAA proposed to permit an included in the rule by replacement of satisfactorily to a rescheduled test if the applicant to hold at least a third-class the phrase ‘‘an applicant for a private or remainder of the practical test is medical certificate to be eligible for a commercial pilot certificate, or for an performed within 60 days. practical test and to clarify the age aircraft or instrument rating on that FAA Response: The FAA notes requirement for an applicant for an ATP certificate’’ with ‘‘an applicant for a AOPA’s comment of support. Except for Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16247 minor editing changes, the final rule is In paragraph (c)(3), the FAA proposed commenter notes that the current rule adopted as proposed. to require that the required controls in states that the examiner or inspector is lighter-than-air aircraft used for a not the pilot in command. AOPA Section 61.45 Practical tests: Required practical test be easily reached and contends that the proposed language aircraft and equipment. operable in a normal manner by both creates some ambiguity as to who is In Notice No. 95–11, the FAA pilots. An examiner would be permitted pilot in command and notes this proposed that § 61.45 be retitled to read to waive the requirement; however, the ambiguity was addressed in the 1966 ‘‘Practical tests: Required aircraft and examiner would have to determine that amendment to § 61.47, which adopted equipment’’ instead of ‘‘Flight tests: the lighter-than-air aircraft used for the the existing rule language. HAI suggests Required aircraft and equipment’’. The practical test could be operated safely. modifying proposed § 61.47(b) by FAA also proposed to revise this section Comments: EAA, NAFI, and AOPA replacing the word ‘‘student’’ with by replacing the term ‘‘flight test’’ with oppose proposed § 61.45(b)(3) requiring ‘‘applicant’’ because the individual ‘‘practical test’’ and ‘‘flight proficiency that an aircraft have two pilot seats for taking the test may have progressed requirements’’ with ‘‘approved areas of use in a practical test. NAFI and AOPA beyond the stage of student. operation’’. comment that the proposed rule is FAA Response: After reviewing Proposed paragraph (a)(1) permitted especially unfair to gyroplane AOPA’s comment, the FAA has the use of aircraft with a primary applicants who currently are examined concluded that the language in airworthiness certificate to be used for with the examiner observing on the proposed paragraph (b) is ambiguous a flight test. This proposal corrects an ground and communicating by radio. and should be withdrawn and replaced oversight that occurred during the AOPA disputes the FAA’s claim that with language equivalent to the existing issuance of the Primary Aircraft Final two-place gyroplanes are amply rule. The proposal is adopted with these Rule (57 FR 41360; September 9, 1992). available. AOPA, NAFI, and EAA, changes. however, approve of § 61.45(a)(1), In the ‘‘Supplementary Information’’ Section 61.49 Retesting after failure. section (in the paragraphs entitled which provides that a practical test may ‘‘Rental and Flight Instruction’’ and be taken in a primary category aircraft. In Notice No. 95–11, the FAA ‘‘Pilot Certification’’) of that final rule, NAFI states this would lower costs proposed to delete the requirement for the FAA stated that the use of primary without reducing safety. AOPA states an applicant to wait 30 days before aircraft are permitted to be used for that primary category aircraft can be reapplying for a written or practical test rental, flight instruction, and pilot used in commercial flight operations. following a second and subsequent FAA Response: After discussions with certification. However, the FAA did not disapprovals, and, in lieu of the 30-day many of the manufacturers of provide for their use in that rule. waiting period, the applicant would be gyroplanes, the FAA believes that there The FAA notes that the proposal required to receive an endorsement from are an adequate number of two-place excluded the use of ultralights and hang an authorized ground or flight gyroplanes available to permit the FAA instructor, as appropriate. The FAA also gliders as acceptable aircraft for use in to require that a practical test in a practical tests. The use of ultralights and proposed to reformat this section. gyroplane be taken in a two-place Comments: ATA approves of the hang gliders are unacceptable aircraft aircraft. The FAA notes the concerns of proposal to delete the 30-day waiting for use in pilot certificate tests. EAA, NAFI, and AOPA. The FAA requirement. AOPA also supports Ultralights are not required to meet the believes the importance of the practical removal of this requirement from the airworthiness certification, pilot test makes it extremely necessary that rule. AOPA believes that the certification, aircraft registration, or examiners be able to observe applicants requirement caused unnecessary delays aircraft marking requirements of the during the practical test. In addition, the in the certification process with no other aircraft. FAA replaced the words ‘‘pilot seats’’ benefit to safety or pilot proficiency. In paragraph (b), the FAA proposed to with ‘‘pilot stations’’. Balloons have FAA Response: The proposal is exclude balloons from the current pilot stations, and, therefore, this adopted as proposed except for minor requirement that an aircraft used for the change eliminates the need for an editorial changes incorporated into the practical test have pilot seats. The exception to be specifically stated in the final rule. existing § 61.45 required that the aircraft rule. Except for these changes and other Section 61.51 Pilot logbooks. used for a flight test have ‘‘pilot seats editorial changes to include provisions with adequate visibility for each pilot to relating to the use of approved flight In Notice No. 95–11, the FAA operate the aircraft safely.’’ Most simulators and approved flight training proposed to revise and reorganize balloons do not have seats, and this devices, the final rule is adopted as § 61.51, largely in response to numerous requirement was waived for balloon proposed. requests for interpretation from the practical tests. public regarding various aspects of the In proposed paragraph (b)(3), the FAA Section 61.47 Status of an examiner rules on logging flight time. The changes required that applicants for any who is authorized by the Administrator were intended to clarify procedures as practical test, other than a practical test to conduct practical tests. well as to ensure consistency with other in a balloon, perform the test in a two- In Notice No. 95–11, the FAA changes to part 61. place aircraft. This would eliminate the proposed to change the title of this A significant change proposed was existing provision for an applicant for a section. The proposal also contained the elimination of the distinction gyroplane class rating to accomplish the editorial and format revisions, including between the concept of acting as pilot in practical test in a single-place proposed paragraph (b), which stated command and the logging of pilot-in- gyroplane. In the past, the FAA has that ‘‘The student is the pilot in command time. This represented a permitted examiners to observe the command of the aircraft during the fundamental change to a 30-year policy, practical test from the ground when the practical test unless the examiner or and although one intent was to aircraft was a single-place aircraft. Most another person has been so designated eliminate much confusion over the gyroplanes are single-place aircraft that before the flight.’’ proper logging and authority over a require examiners to monitor their use Comments: AOPA opposes the change flight, the change was directed toward in a practical test from the ground. in the language of § 61.47(b). The reestablishing the FAA’s original intent 16248 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations that pilot-in-command time should NATA opposes proposed balloons to comply with the dual- require a pilot to have authority over the § 61.51(e)(2)(ii) and states that the control requirement. flight, and that the pilot not merely be proposal will eliminate the ability of an Several individual commenters object manipulating the controls. instrument student to log instrument to the proposed requirement that flight The FAA proposed two paragraphs in training time as pilot-in-command time. instructors possess at least a third’class Notice No. 95–11; § 61.51(e) ‘‘Two This will place an undue financial medical certificate to log instruction people logging pilot-in-command time,’’ burden on the student and possibly time, stating that for advanced and § 61.51(f) ‘‘Student pilots logging create a safety hazard if students logging instruction this is unjustified. pilot-in-command time’’ which have time for their commercial requirements FAA Response: After further review, been eliminated from the final rule as are forced to fly extra hours as pilot in the FAA has determined that the discussed below. command. NATA does not believe this increased regulatory and economic burden resulting from this proposal Proposed § 61.51(e) Two people was the FAA’s intent, and the does not sufficiently establish a safety logging pilot-in-command time. commenter recommends eliminating this language. HAI echoes NATA’s justification based on operational Proposed paragraph (e) was intended concern by stating that the proposed requirements and accident/incident to clarify that when a flight instructor rule effectively prohibits instrument data. Therefore, the proposed paragraph and a certificated pilot are on board an students from logging time spent under has been eliminated from the final rule. aircraft at the same time, each may log IFR as pilot-in-command time, even Proposed § 61.51(f) Student pilots pilot in command flight time. It also was when the student is the sole logging pilot-in-command time. intended to specify the requirements manipulator of controls, because the that a flight instructor would need to proposed § 61.51(e)(2)(ii) requirement The FAA proposed to permit student meet in order to log pilot in command for the student to be qualified in pilots who meet certain provisions to flight time. Although the existing accordance with the operating rule log pilot in command flight time when regulation also specified that a flight would mean compliance with the they: are the sole occupant of the instructor may log all flight time during proposed § 61.3(e)(1). That rule would aircraft; have a supervised pilot in which the person acts as a flight dictate possession of an instrument command flight endorsement; and are instructor as pilot-in-command time, the rating in that case. HAI therefore undergoing a course of training for a proposed rule provided more detail recommends deletion of proposed pilot certificate or rating or are logging regarding the conditions under which § 61.51(e)(2)(ii). pilot-in-command time toward a this could occur. AOPA expresses concern about certificate or rating. Comments: AOPA’s objection to the proposed § 61.51(e)(3), which requires Comments: HAI objects to the elimination of the concept of ‘‘sole that aircraft used for flight training must wording of proposed § 61.51(f) because manipulator of the controls’’ as a basis have dual functioning flight controls it does not provide for students logging for logging pilot-in-command time, and engine controls that can be reached pilot-in-command time beyond that discussed below with respect to the from either pilot station in order for needed for experience requirements. final rule’s paragraph (e), is also both the student and instructor to log HAI asks for clarification as to how the referenced in this proposed paragraph. pilot-in-command time. The commenter additional time would be logged. AOPA AOPA and NAFI further disagree with encourages the FAA to clarify which finds the issue of supervised pilot-in- proposed § 61.51(e)(2)(i) because it engine controls must be accessible. command time unclear with regard to precludes the logging of instruction time According to AOPA, there are many logging of flight time. if it is not in a course of training for cases when training is conducted in a FAA Response: For the reasons issuance of a certificate or rating or to tandem seat aircraft where there are previously discussed, the FAA is not obtain the recency of experience throttles available to both airmen; adopting the proposal to establish requirements. NAFI believes that the however, the mixture control and supervised pilot-in-command time. proposal penalizes CFIs who give magneto switch are only accessible from However, the final rule still permits recurrency training or additional the front seat. AOPA believes that both student pilots to log solo time as pilot- instruction such as aircraft transition student and instructor should be able to in-command time according to the training. AOPA states that the proposal log pilot-in-command time when provision in § 61.51(e)(4) of the final will provide a strong disincentive for instruction is given in such an aircraft. rule. instructors to give the type of training The commenter also states that the that most contributes to general aviation proposal does not address the fact that Section 61.51(a) Training time and safety. NBAA also states that the balloons do not have dual functioning aeronautical experience. language in proposed § 61.51(e)(2) (i) controls. The FAA proposed minor editorial and (ii) is too prohibitive and An individual commenter states that and format changes to this paragraph. recommends deleting the requirement the requirement in proposed Comments: EAA and NAFI disagree that instruction be ‘‘in a course of § 61.51(e)(3) for dual functioning flight with the removal of the existing rule’s training for the issuance of a certificate controls contradicts § 91.109(a). Another phrase ‘‘The logging of other flight time or rating.’’ HAI recommends eliminating commenter requests clarification of is not required’’ from proposed all wording after ‘‘flight instructor’’ in proposed § 61.51(e)(3) to specify which § 61.51(a), stating that the deletion may proposed § 61.51(e)(2)(i), as well as engine controls must be reachable from impose a significant burden on the high corresponding changes to § 61.51(i), to either pilot station when a pilot and time and sport aviation pilot. The allow an instructor to log time spent as authorized flight instructor both log commenters state that there is no safety pilot in command giving aircraft pilot-in-command time. Echoing reason to require the logging of all flight checkouts and currency training. AOPA’s concerns, the commenter points time, and the elimination of this Individual commenters also express the out that for some tandem seat airplanes, provision will only create more view that the requirement in the mixture and ignition controls can enforcement actions against pilots. § 61.51(e)(2)(i) that the training be only be reached from the front seat. FAA Response: The FAA notes the toward a certificate or rating is too Several individual commenters also concern of EAA and NAFI, but feels that restrictive. point out that it would be impossible for the existing phrase was redundant, and Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16249 that its deletion does not impose costs pilot in command requirements. AOPA a person must enter the ‘‘total time of or burdens on pilots. The rule was states that the definition of supervised flight,’’ which AOPA states has been revised to clarify what flight time is pilot-in-command time is unclear, and historically interpreted as the equivalent required to be logged. Other flight time that introducing the term at the expense of ‘‘flight time’’ as defined in part 1. Part can be logged at the pilot’s option, but of the existing concept of solo time 1 defines ‘‘flight time’’ as ‘‘the time it is not required. The final rule is confuses rather than clarifies matters. beginning when an aircraft moves under adopted as proposed. The commenter states that the change its own power for purposes of flight and from solo to supervised pilot in ending when the aircraft comes to rest Section 61.51(b) Logbook entries. command creates problems with respect after landing.’’ AOPA contends that the The FAA proposed to delete the to numerous other proposed regulations. difference between the two provisions reference to ‘‘solo time’’ because of the Many individual commenters shared the may require two separate logbook proposed deletion of that term as concerns of these associations. entries after one flight: one entry for the discussed in the analysis of § 61.1. The FAA Response: The FAA notes the time the aircraft is in actual flight and FAA also proposed format changes to concerns of AOPA, HAI, and other another entry for the ‘‘block’’ or Hobbs the existing rule. commenters, and is not adopting the meter time. NBAA joins with AOPA in Comments: AOPA comments that new term ‘‘supervised pilot-in- its concerns regarding use of the term ‘‘total time of flight’’ in proposed command time’’ in the final rule. ‘‘actual flight conditions’’ in proposed § 61.51(b)(1)(ii) is not defined in the Accordingly, the final rule adds § 61.51(d)(4) as possibly prohibiting taxi regulations, although it has historically § 61.51(d), ‘‘Logging of solo flight time,’’ time from counting towards flight time. been taken as synonymous with the which reiterates the provision of NBAA states that this would discourage existing and proposed definition of existing § 61.51(c). learning opportunities during a phase of ‘‘flight time’’ in part 1, a term which Section 61.51(e) Logging of pilot-in- flight that is critical to safety, especially AOPA states is equated with ‘‘block command flight time. for avoidance of runway incursions. time’’ in most of the industry. AOPA is HAI echoes these concerns, requesting concerned that, without such a In Notice No. 95–11, the FAA the alignment of the definition of flight definition, the proposed rule’s use of the clarified the procedures for logging pilot time in proposed § 61.51(d)(4) with the term ‘‘in actual flight’’ confuses the in command flight time in proposed definition in § 1.1. HAI also meaning of ‘‘total time of flight.’’ § 61.51 (d) and (e). The FAA specified recommends a provision to cover a rated FAA Response: As discussed in the that, except when a flight instructor pilot operating solo, such as an analysis of § 61.1, the FAA has decided provides flight training, only one person additional paragraph in § 61.51(d). to retain ‘‘solo time’’ in this paragraph may log pilot in command flight time. FAA Response: After further review, of the final rule. The FAA notes AOPA’s This provision was intended to the FAA has decided not to adopt the concern, and has decided to use the less eliminate confusion under the existing proposal to change the provisions for ambiguous term ‘‘flight time’’ in the rule, particularly regarding the the logging of pilot-in-command time. final rule instead of the phrase ‘‘total provision that permits any pilot to log The FAA has determined that the time of flight’’. The final rule also pilot-in-command time while acting as increased regulatory and economic deletes the language ‘‘and the certificate pilot in command of an aircraft for burden resulting from this proposal is number of the safety pilot’’, as which more than one pilot is required. not sufficiently supported by a safety explained in the analysis of § 61.51(g), The FAA proposed that the holder of a justification based on operational and includes language pertaining to pilot certificate may log pilot-in- requirements and accident/incident logbook entries for flights conducted in command time only when that pilot: (1) data. However, the FAA would like to approved flight simulators and Has the final authority and take this opportunity to clarify the approved flight training devices. responsibility for the operation and proper logging of pilot-in-command safety of the flight; (2) holds the time for recreational, private, and Section 61.51(c) Logging of pilot time. appropriate ratings; (3) has been commercial pilots. The FAA In Notice No. 95–11, the FAA set forth designated pilot in command before the acknowledges there has been confusion provisions regarding the use of pilot flight; and (4) the pilot-in-command in the past regarding the logging of time. No substantive comments were time occurred in actual flight conditions pilot-in-command time by these pilots received, and the final rule is adopted and in an aircraft. and that inconsistent policy opinions as proposed. Comments: AOPA states that it finds have been issued by the FAA. The FAA the most notable change to the rules for has determined that clarity is necessary Section 61.51(d) Logging of solo flight logging pilot-in-command time to be the to preserve the value of pilot-in- time. elimination of the term ‘‘sole command time. In light of the In Notice No. 95–11, the FAA manipulator of controls.’’ AOPA notes inconsistent policy opinions issued by proposed to eliminate the term ‘‘solo that there is no longer a distinction the FAA, however, this clarification is flight time’’ and replace it with the term between the pilot operating the aircraft meant to be prospective and not to ‘‘supervised pilot-in-command time’’ as and the pilot who has ultimate authority require pilots to ‘‘revisit’’ past logging. discussed in the analysis of § 61.1. The over the flight (acting pilot in The FAA’s position regarding the proper existing rule’s provisions for logging command). The commenter urges logging of pilot-in-command time for a solo time were therefore also deleted in rethinking the entire pilot in command recreational, private, or commercial the proposed rule. issue. AOPA also expresses concern pilot applicable after the effective date Comments: AOPA states that no about proposed § 61.51(d)(4), which of this final rule is set forth in this provision exists in proposed § 61.51 for provides that pilot-in-command time response. logging supervised pilot-in-command may only be logged when the flight time There are only three ways for a time, even though such time is proposed ‘‘occurs in actual flight conditions.’’ The recreational, private, or commercial to be required for both primary and commenter notes that proposed pilot to properly log pilot-in-command advanced certificates. HAI echoes these § 61.51(b) provides that for purposes of time in accordance with section § 61.51. concerns and asks whether dual pilot- training time and aeronautical These pilots may properly log pilot-in- in-command time meets the supervised experience toward a certificate or rating, command time: (1) When the pilot is the 16250 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations sole manipulator of the controls of an when that student is the sole occupant review. The proposal required that the aircraft for which the pilot is rated; (2) of the aircraft. Section 61.51(e)(4) instructor be properly authorized to give when the pilot is the sole occupant of includes such a provision. the training, and that the information the aircraft; or (3) except for recreational recorded include a description of the Section 61.51(f) Logging second-in- pilots, when the pilot is acting as pilot training given, the length of the lesson, command flight time. in command of an aircraft for which and the instructor’s signature, certificate more than one pilot is required under The FAA proposed to require a pilot number, and certificate expiration date. the type certification of the aircraft or who logs second-in-command flight Comments: AOPA objects to the the regulations under which the flight is time to meet the requirements of proposed language apparently conducted. § 61.55. restricting the logging of training time As noted in Notice No. 95–11, there Comments: AOPA expresses concern solely to ground or flight instruction has been a distinction between acting as that changes to other regulations made time leading toward a certificate, rating, pilot in command and logging of pilot- this requirement onerous with respect to or currency requirements. HAI joins in in-command time. ‘‘Pilot in command,’’ safety pilots. Several individual opposition to this proposal because it as defined in part 1, ‘‘means the pilot commenters echo AOPA’s concerns. does not include provisions for pilots responsible for the operation and safety FAA Response: The FAA addressed receiving dual training in a simulator or of an aircraft during flight time.’’ concerns to this rule by modifying flight training device unless the training Section 61.51 is a flight-time logging proposed § 61.55 in the final rule, as is for the purpose of meeting experience regulation under which: (1) pilot-in- discussed below, and therefore no major requirements. AOPA also asks for command time may be logged by changes were necessary to this clarification as to whether the ‘‘training someone who is not actually the pilot in paragraph. The FAA has added the time’’ logged is to be ‘‘flight time’’ as command as defined in part 1 (e.g., phrase ‘‘the regulations under which the defined in part 1, or time in ‘‘actual when the pilot is the sole manipulator flight has been conducted’’ in paragraph flight.’’ of the controls of an aircraft for which (f)(2) to permit, for example, safety FAA Response: The FAA notes the the pilot is rated but is not the pilot in pilots complying with § 91.109 to be concerns of AOPA and HAI, and command as defined in part 1); and (2) allowed to log second in command time. therefore has deleted the proposed pilot-in-command time may not be language ‘‘for the purpose of obtaining Section 61.51(g) Logging instrument logged by someone who is the actual a certificate, rating, or recency of flight time. pilot in command as defined in part 1 experience requirements, of this part’’ (e.g., when the pilot acting as pilot in The FAA proposed to clarify the from the final rule. AOPA’s concern command of an aircraft on which more information required for the logging of regarding the confusion between ‘‘flight than one pilot is not required under the instrument experience to meet the time’’ and ‘‘actual flight’’ was addressed type certification of the aircraft or the instrument currency requirements. The through the elimination of the wording regulations under which the flight is proposal did not significantly alter the ‘‘actual flight’’ elsewhere in paragraph conducted is not the sole manipulator of current requirements regarding the (b) of this section, as previously the controls of the aircraft, and the pilot logging of instrument time. However, discussed. the proposal stated that if a safety pilot who is the sole manipulator of the Section 61.51(i) Presentation of is required, the name and pilot controls is logging that time as pilot-in- required documents. command time). certificate number of the safety pilot, Two recreational, private, or and the location and kind of each In the proposal, the FAA set forth the commercial pilots may not completed instrument approach must be documents a person would have to simultaneously log pilot in command recorded. The existing rule did not present, in addition to the logbook, flight time when one pilot is acting as require the recording of the safety pilot’s upon the request of an authorized pilot in command as defined in part 1, certificate number in the logbook of the official. These documents included the and the other pilot is the sole person logging instrument flight time. person’s pilot certificate, medical manipulator of the controls, unless the Comments: Some individual certificate, or any other record required aircraft type certification or the commenters disagree with the proposed under part 61. The proposal added regulations under which the flight is requirement that the certificate number Federal law enforcement officials to the conducted require more than one pilot. as well as the name of the safety pilot list of officials to whom a pilot must In contrast, an ATP may log all flight be logged, stating that this would not present his or her records if requested. time as pilot-in-command time when improve safety. Commenters note that The proposal also set forth the that pilot is acting as the pilot in the certificate number is often the pilot’s documents student and recreational command as defined in part 1 during an social security number, which many pilots must carry. operation requiring an ATP certificate would hesitate to disclose every time Comments: AOPA expresses concern regardless of who is manipulating the they act as a safety pilot. about the deletion of the word controls of the aircraft. This distinction FAA Response: The FAA notes the ‘‘reasonable’’ from this proposal. Citing between the concept of acting as pilot in privacy concerns of individual the constitutional protection against command and the logging of pilot-in- commenters and has therefore deleted unreasonable search and seizure, the command time will continue in this the proposed language ‘‘and pilot commenter states that this could lead to final rule. certificate number’’ from the final rule. abuse by law enforcement officials. The FAA also notes the concern of The final rule also includes language AOPA questions the addition of AOPA and NBAA regarding the wording relating to the use of approved flight ‘‘Federal’’ law enforcement officials to ‘‘actual flight conditions’’ in proposed simulators and approved flight training the list of officials to whom a logbook § 61.51(d), redesignated as § 61.51(e) in devices. must be presented as well as the the final rule, and has deleted the inclusion of pilot and medical objectionable language. The FAA notes Section 61.51(h) Logging training time. certificates in this proposed rule. AOPA that the Amendment No. 61–100 did not The FAA proposed specific further contends that the inspection of include a provision to permit a student requirements for a pilot to log training such certificates is adequately addressed pilot to log pilot-in-command time time toward a certificate, rating, or flight in existing § 61.3(h) and proposed Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16251

§ 61.3(l). Individual commenters oppose when, or how a safety pilot may log aircraft. The FAA does not believe that this proposed provision permitting flight time. the disputed language imposes an inspection by the FAA, the NTSB, or FAA Response: The FAA did not additional burden on pilots because law enforcement officers. HAI objects to intend to prevent safety pilots from § 61.53 already requires pilots to the requirement in proposed logging second in command time or to evaluate their health prior to each flight. § 61.51(j)(2)(i) that a student pilot must require them to comply with the The proposed language merely clarifies carry his or her logbook to exercise the requirements of proposed § 61.55. The this existing requirement. The FAA privileges of his or her certificate. FAA has noted the concerns of AOPA acknowledges that the language is Individual commenters object to the and others, and has modified subjective and is relying on pilots to use requirement that recreational pilots § 61.51(f)(2) of the final rule to permit reasonable judgment. After further carry logbooks for flight at night and in safety pilots to log second in command review, the FAA has determined that for airspace in which communications are time. operations that do not require a medical required. Section 61.53 Operations during certificate, the language referring to FAA Response: The proposal medical deficiency. medication or treatment would inadvertently deleted the word effectively establish standards for self- ‘‘reasonable’’ before ‘‘request.’’ In the The FAA proposed to divide this evaluation. Therefore, this language has final rule, the phrase ‘‘reasonable section into two paragraphs. Proposed been deleted for operations that do not request’’ has been retained. The FAA paragraph (a) applied to operations that require a medical certificate. The FAA has noted HAI’s concern, but is not require pilots to hold medical has decided to retain the two-paragraph persuaded that student pilots should be certificates issued under part 67. format of the proposed rule because it exempt from carrying logbooks on all Proposed paragraph (b) applied to clarifies a pilot’s responsibilities for flights. However, in partial response to operations in which pilots are not medical self’evaluation, regardless of HAI’s concern, as well as that of required to hold a medical certificate, whether or not a pilot is required to individual commenters, the FAA has was developed primarily in response to hold a medical certificate. decided to delete the proposed logbook- EAA’s petition to permit a pilot without The proposal is adopted with minor carrying requirements for recreational a medical certificate to exercise the editorial changes and the changes noted pilots, except for flights of more than 50 privileges of a recreational pilot above. nautical miles from the point of certificate. Proposed paragraph (b) also Section 61.55 Second-in-command departure. In addition, the FAA has applied to glider and balloon qualifications. changed the heading of this paragraph operations. The FAA also proposed for clarity, because a student is required language specifying that a pilot may not This proposal was intended to clarify to present more than a logbook. The act as pilot in command or as a required the requirements under § 61.55 for FAA notes that this requirement is flight crewmember while taking pilots serving as second in command of contained in the existing rule. Except medication or receiving other treatment an aircraft that requires more than one for these changes, the final rule is for a medical condition that would pilot. adopted as proposed. make the person unable to meet the Comments: ALPA supports the medical requirements for the certificate second in command training Other § 61.51 issues. held or to operate an aircraft in a safe requirements of proposed § 61.55. The issue of logging safety pilot time manner, as appropriate. GAMA comments that the addition of did not directly affect any particular Comments: EAA, AOPA, and NAFI flight deck management training is a paragraph of § 61.51 and is discussed object to the proposed language of very positive change. GAMA believes, here. § 61.53(a)(1) and (b)(1), which states that however, that the desired level of Comments: AOPA feels that proposed a pilot may not act as pilot in command, structure and standardization can best § 61.51, in combination with other or as a required crewmember, if that be achieved by requiring that the § 61.55 proposed changes, fails to provide for person ‘‘has reason to know of any authorization be approached with the the logging of safety pilot time. medical condition that would make the same level of control as provided in According to the commenter, when a person unable to meet the requirement §§ 61.58 and 61.157. According to safety pilot also functions as the for the medical certification held.’’ GAMA, second in command training designated pilot in command, the pilot These commenters believe that the new should be conducted with an approved actually flying the aircraft is not standard is very subjective and may syllabus by authorized instructors using permitted to log pilot-in-command time, produce unnecessary enforcement established standards of performance. nor can the pilot log second in actions. AOPA states that the language AOPA is concerned that safety pilots command time since he or she is not a effectively holds an airman to a acting as required crewmembers in required flight crewmember. It is negligence standard concerning the simulated instrument conditions may be unclear to the commenter how tasks exercise of the privileges of an airman subject to the second in command such as instrument approaches certificate. NATA joins in the concerns requirements. The commenter notes that conducted for proficiency can be logged. expressed by the other commenters proposed § 61.55(b) provides that no It also appears to AOPA that the only regarding this language and states that it person may act as second in command provision for a safety pilot to log flight should be changed to reflect ‘‘definitive in ‘‘operations requiring a second in time is as second in command under knowledge’’ or eliminated from the rule. command’’ unless that person meets the § 61.51(g)(2). The commenter is GAMA finds this language ambiguous second in command training and concerned that a safety pilot acting as a and recommends it be clearly defined or recurrency requirements. AOPA required crewmember in simulated deleted. contends that § 91.109 makes a safety instrument conditions could possibly be FAA Response: After consideration of pilot a required crewmember in subject to the second in command the comments, the FAA has determined simulated instrument conditions. AOPA training and recurrency requirements in that the disputed language, ‘‘knows or states that ‘‘under the proposal the § 61.55(d). An individual commenter has reason to know’’ is necessary to safety pilot may not log pilot-in- echoes AOPA’s concern, stating that ensure that pilots seriously evaluate command time but that person is proposed § 61.51 fails to address if, their health prior to operating an required for the operation; therefore the 16252 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations safety pilot must be second in In response to the comment proposal, these maneuvers were not command.’’ AOPA does not believe that concerning the performance of 360- required to be performed under actual a safety pilot should be subject to the degree turns, the FAA has modified the or simulated instrument flight second in command qualification language in paragraph (b) to permit conditions. The proposal also requirements and, therefore, three instructional flights in a glider, eliminated the requirement for a pilot to recommends that the safety pilot be each of which requires flight to traffic log 6 hours of instrument time under added to the list in § 61.55 for whom the pattern altitude, in lieu of the 1 hour of actual or simulated flight conditions to training requirements of § 61.55(b) do flight training required in paragraph (a). meet recent instrument experience not apply. This modification should provide requirements. In paragraph (c)(3), the FAA Response: After consideration of instructors with greater flexibility FAA proposed to revise the provisions the comments, the FAA has determined during the conduct of a flight review for regarding recent instrument experience that the proposed second in command glider pilots. The FAA expects that each for glider pilots. training requirements should be instructional flight to traffic pattern Comments: According to GAMA, adopted with the addition of paragraph altitude will consist of a launch, climb, instrument currency in a multiengine (d)(4) to except a person designated as level off, turns, descent, and landing to airplane should be accepted for a safety pilot as required by § 91.109(b). ensure that the pilot can demonstrate instrument currency in a single-engine The final rule also incorporates other proficiency in each phase of flight. aircraft, but not the converse. NBAA editorial changes and provisions proposes 12-month currency Section 61.57 Recent flight experience: requirements because most business permitting the use of approved flight Pilot-in-command. simulators and approved flight training aircraft operators currently conduct devices to meet the requirements of this Section 61.57(a) General experience. their simulator refresher training on an section. The FAA proposed to require pilots to annual basis. AOPA states that the make at least three takeoffs and three proposed language is unclear Section 61.56 Flight review. landings to a full stop within the concerning the requirement that if a The FAA did not propose any changes preceding 90 days to meet the recent glider pilot carries passengers, the pilot to this section in Notice No. 95–11. flight experience requirements of this must have at least 3 hours of instrument Comments: NAFI recommends section. The FAA also proposed that time in gliders. The commenter modifying proposed § 61.56(f) to except these takeoffs and landings involve recommends retaining the language of flight instructors who have given 10 or flight in the traffic pattern at the the current rule. FAA Response: As discussed in more flight reviews or have recommended traffic pattern altitude for section IV,B, the FAA has decided to recommended 10 or more students for the airport. For the reasons discussed in retain the existing requirement that flight tests from the required flight section IV,B, the proposal for full-stop recent instrument experience be review requirement. landings and the requirement for flight in the traffic pattern at the performed in actual or simulated AOPA comments that the current and conditions, and withdraw the proposed proposed language of this section is recommended traffic pattern altitude have not been adopted in the final rule. requirements for recovery from unusual confusing and should be reworded, flight attitudes, and the intercepting and using the instrument currency The existing requirement for full-stop landings in a tailwheel airplane is tracking of VOR radials and NBD requirements as an example. bearings. In lieu of the latter NAFI suggests that a flight review retained, as well as the recently enacted provisions relating to the use of requirement, § 61.57(c)(1)(iii) is should not be required for pilots who fly modified to require a pilot to intercept only single-seat aircraft (gyroplanes, for approved flight simulators and approved flight training devices. and track courses through the use of example), because finding a training navigation systems. The FAA modified aircraft and an instructor might be Section 61.57(b) Night takeoff and § 61.57(c)(1) to require instrument difficult or impossible. landing experience. experience ‘‘under actual or simulated Another commenter opposes the In Notice No. 95–11, the FAA instrument conditions either in flight current and proposed language in proposed to delete the reference to the appropriate to the category of aircraft for paragraph (b), which requires a glider term ‘‘night’’ from this paragraph. the instrument privileges sought or in pilot who substitutes three instructional Comments: AOPA objects to the an approved flight simulator or flight flights in lieu of the 1 hour of flight elimination of the definition of ‘‘night’’ training device that is representative of instruction provided for in paragraph (a) from this section of the regulations the aircraft category for the instrument to perform 360-degree turns during each because most airmen do not have access privileges sought. * * *’’ The FAA of the flights. The commenter states that to the ‘‘Aeronautical Almanac’’ notes that GAMA’s comment would the requirement for 360-degree turns referenced in the part 1 definition of impose an additional economic burden causes instructors to limit the types of ‘‘night.’’ on pilots, and would therefore continue maneuvers conducted during the FAA Response: Upon consideration of to require that flight time used to satisfy review. this comment, the FAA retained the instrument recency experience be in the FAA Response: As adopted in language of the existing rule. category but not the class of aircraft for Amendment No. 61–100, this section which instrument privileges are sought. includes provisions for the use of Section 61.57(c) Recent instrument The FAA believes that the removal of approved flight simulators and experience. the proposed requirement to perform approved flight training devices. The The FAA proposed to revise the and log recovery from unusual attitudes FAA notes that Amendment No. 61–100 requirements for recent instrument should relieve the concern expressed by omitted the provision permitting a pilot experience to include six instrument NBAA since compliance with the to complete a phase of an FAA- approaches, holding procedures, remaining requirements should be sponsored pilot proficiency award intercepting and tracking VOR radials achievable in normal flight operations. program (i.e., Wings Program) in lieu of and NDB bearings, recovery from In consideration of AOPA’s comment, accomplishing a flight review. Such a unusual flight attitudes, and flight by the FAA has clarified the language of provision is included in paragraph (e). reference to instruments. Under the paragraph (c)(2) in the final rule. The Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16253

FAA also included in paragraph (c)(2) and night recency experience Section 61.59 Falsification, the requirement that the instrument requirements of § 61.57 to pilots in reproduction, or alteration of experience be performed and logged command in part 125 operations. applications, certificates, logbooks, under actual or simulated instrument Comments: HAI questions why takeoff reports, or records. conditions. and landing currency does not apply to Minor editorial changes were Section 61.57(d) Instrument part 121, 125, or 135. proposed to this section, and it is adopted as proposed. proficiency check. FAA Response: In response to HAI’s The FAA proposed to clarify this query, § 61.57(e) excepts these pilots Section 61.60 Change of address. paragraph by requiring that the because they are required to meet recent The FAA proposed editorial and instrument proficiency check include a experience requirements under format changes to this section. The FAA representative number of the tasks §§ 121.439, 125.285, and 135.247. In also proposed to revise this section to required for original certification of an Notice No. 95–11, the FAA include ground instructor certificates. instrument rating and by replacing the inadvertently omitted the references to Comments: AOPA objects to the term ‘‘instrument competency check’’ §§ 121.437, 121.439, 135.243, and proposed language in this section that with ‘‘instrument proficiency check’’. 135.247 from this paragraph and has provides that an airman may not Comments: GAMA states that the exercise the privileges of a certificate instrument proficiency check will be therefore included them in the final unless he or she notifies the FAA of the better defined by the inclusion of the rule. In addition, the final rule modifies change within 30 days. AOPA believes tasks listed in § 61.57 (c)(1)(i) through paragraph (e)(1) to require explicitly that the use of the word ‘‘unless’’ could (c)(1)(v). NAFI, however, objects to the that pilots operating under the be interpreted to permanently prohibit requirement that the check consist of a exception for pilots employed by part the exercise of privileges if the representative number of the tasks 125 operators comply with §§ 125.281 notification was not made in 30 days. required in the instrument rating and 125.285, because the FAA has The commenter also points out that practical test. NAFI states that a determined that pilot in command ground instructor certificates were not proficiency check should be restricted qualifications and the recent experience included in the proposal. to those items a pilot is likely to requirements under part 125 are FAA Response: The FAA did not encounter in his or her flying equivalent to the general and night intend the interpretation suggested by environment. recency requirements under part 61. the commenter and does not believe that Some individual commenters express The proposal is adopted with the the language reasonably would be uncertainty regarding the change in changes discussed above and minor interpreted in this manner. Similar terminology from ‘‘instrument editorial changes. language was used in the existing rule competency check’’, in the current without any such confusion. Although regulation, to ‘‘instrument proficiency Section 61.58 Pilot-in-command the FAA acknowledges that the check’’, as specified in the proposed proficiency check: Operation of aircraft reference to ground instructor rule language. They point out that this requiring more than one required pilot. certificates was not specifically stated, check is referred to as an ‘‘instrument the term ‘‘airman certificate’’ includes proficiency test’’ in the preamble. At The FAA proposed minor editorial ‘‘ground instructor certificate.’’ least one commenter advocates that and format modifications to this section However, the final rule is modified by instrument-rated pilots should undergo in Notice No. 95–11, including a replacing ‘‘Persons who hold an airman a ‘‘check’’ every 6 months. proposal to revise former § 61.58 (b)(3), certificate’’ with ‘‘The holder of a pilot, FAA Response: After consideration of (c)(2), and (e) by eliminating references the comments, the FAA has determined flight instructor, or ground instructor to part 127, because no certificate certificate’’ to avoid any possible that the requirement to perform a holders currently operate under part representative number of tasks required confusion. In addition, the reference to 127. Furthermore, the FAA proposed to ‘‘new address’’ has been clarified to by the instrument rating practical test add part 125 operators to existing will promote safety, and that a required incorporate current policy, which is to § 61.58 (b)(3), (c)(2), and (e) in reference not accept post office box numbers as ‘‘check’’ every 6 months, as proposed by to persons conducting operations under one commenter, would impose an the permanent mailing address. part 125. Part 125 operators were not The proposal is adopted with the unwarranted economic burden on pilots addressed in this section when the part above modification and minor editorial seeking to retain instrument privileges. was initially established, therefore, the changes. To maintain consistency in terminology FAA proposed to include part 125 throughout the rule, the proposal to Subpart B—Aircraft Ratings and Pilot pilots. change the term ‘‘instrument Authorizations competency check’’ to ‘‘instrument Additionally, the proposal required a Section 61.61 Applicability. proficiency check’’ is also adopted. In pilot seeking an aircraft type rating to addition, the FAA has modified the perform to ATP standards, which The FAA proposed to delete the language in paragraph (d) to reflect that codified the existing policy for FAA words ‘‘or instructor’’ from this section an instrument proficiency check need pilot certification standards. The FAA because the issuance of an additional only be accomplished in the category of also proposed to remove the obsolete rating for a flight instructor certificate is aircraft for which instrument privileges reference to part 123 and part 127 contained in subpart H of part 61. are sought. Amendment No. 61–100 operators. No substantive comments addressing inadvertently required that this check be this proposal were received. The FAA The FAA has modified the final rule accomplished in the class of aircraft for deleted the reference to ‘‘special so that § 61.58 is substantially which privileges are sought. purpose authorizations’’ from the final equivalent to the provisions set forth in rule and substituted the term ‘‘pilot Section 61.57(e) Exceptions. Amendment No. 61–100. No substantive authorizations’’ because subpart B The FAA proposed to extend the comments were received. applies to additional pilot exception requirements for the general authorizations. 16254 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 61.63 Additional aircraft changes to the specified aeronautical In proposed paragraph (c), the term ratings (other than airline transport knowledge areas, areas of operation, ‘‘flight proficiency requirements’’ is pilot.) aeronautical experience requirements, replaced with ‘‘areas of operation’’. The In Notice No. 95–11, the FAA and instrument training requirements. new requirements included a change proposed to revise the title of this Significant changes proposed included from existing language for specific section, reformat the section for clarity, elimination of the existing aeronautical training in the VOR, ADF, and ILS and revise the required aeronautical experience requirements of 125 hours systems to a more general requirement total time and 50 hours pilot in for training in instrument approach experience and training requirements command cross-country time; an procedures. for persons seeking an additional increase in the required instrument In proposed paragraph (d)(1), the FAA category and class rating. The proposal training time received from an required 40 hours of instrument training also clarified when an applicant would instrument instructor to 40 hours from an instrument instructor. Although be required to accomplish a knowledge compared to 15 hours in the existing the existing rule required 40 hours of test. In addition, the FAA proposed to rule; and the addition of new category- simulated or actual instrument time, restrict the issuance of a ‘‘VFR only’’ and class-specific requirements for only 15 hours of instrument flight limitation for an aircraft type rating to airplanes, helicopters, and powered-lift. instruction from a CFII were required. only those aircraft that cannot be used The proposed changes, comments Proposed paragraph (d)(3) required that to accomplish the practical test under received, and the FAA response to the 5 hours of instrument training be IFR because its type certificate makes elimination of the existing 125-hour received in the appropriate category and the aircraft incapable of operating under total time and 50-hour pilot in class, while paragraph (d)(4) required 3 IFR. command cross-country time hours of such class-specific training Comments: HAI states that proposed requirements are discussed in greater within 60 days preceding the test. In § 61.63(a)(1) seems to contradict detail in section IV, E. proposed paragraph (d)(5), the FAA proposed § 61.63(a)(5), which states that In the FAA proposal, the section was revised the 250-nautical-mile, cross- supervised pilot in command is not organized by listing requirements in a country requirement of instrument required. The commenter asks whether more concise format. The FAA believes rating-airplane applicants. It was it is the FAA’s intention that no solo this will help the applicant and the specified that at least one leg, measured time be required for an additional examiner know more readily which as a straight-line distance, be greater category rating. HAI states that in such requirements are to be met. than 100 nautical miles between a circumstance, a rated airplane pilot The FAA added a requirement in airports, and that the cross-country be transitioning to helicopters ‘‘would proposed paragraph (a)(2) for applicants conducted under IFR. However, the never experience picking the aircraft up to be able to write in the English proposal deleted the existing with an empty seat.’’ HAI asks that language, while deleting existing requirement that this flight be proposed § 61.63(a)(5) be deleted provisions for the Administrator to conducted under simulated or actual because some solo time in a different place a limitation on the certificates of instrument conditions, and specified category or class aircraft should be those unable to meet the English three different kinds of approaches be required. language requirements. conducted during the flight instead of FAA Response: The FAA agrees with In proposed paragraph (a)(4), the FAA VOR, ADF, and ILS systems, as HAI’s position and has deleted required an applicant to receive training provided for in the existing rule. Similar proposed § 61.63(a)(5) from the final or complete a home-study program, and changes were proposed in paragraph rule. In addition, the FAA has modified receive an endorsement from a ground (d)(6) for the instrument rating the rule to ensure that pilots are or flight instructor certifying that the helicopter requirements, in which the required to meet the aeronautical applicant received training on the required cross-country flight was 100 experience requirements for the pilot required aeronautical knowledge areas nautical miles with one segment of more certificate and class rating sought. Also, of this section that are appropriate to the than 50 nautical miles. Paragraphs (d)(7) the FAA has included the provisions of instrument rating sought. The paragraph and (d)(8) proposed similar § 61.64 adopted in Amendment No. 61– also specified that an applicant for a requirements, with specified distances 100 in this section and added provisions practical test must receive an for airship and powered-lift instrument applicable to the use of a flight endorsement from the flight instructor ratings, respectively. simulator or flight training device to who gave the applicant training Comments: Citing § 61.65(a)(4)(iv), obtain an additional rating in a certifying that the applicant is prepared HAI comments that the language powered-lift. Section 61.64 has been for the practical test. requiring an applicant to ‘‘have received reserved. Proposed paragraph (a)(7) specified an endorsement from the instructor who Additionally, the FAA has corrected that an applicant who completes an gave the training’’ occurs frequently and an inadvertent omission in existing instrument practical test in a could be interpreted to mean that all § 61.64 (h) and (i) by permitting a type multiengine airplane and who holds an training required for the rating must be rating for a single station airplane to be airplane category and single-engine from one instructor. HAI states that this obtained in a multiseat version of that class rating is considered to have met could be a problem if an instructor airplane. The final rule also eliminates the requirements for an instrument becomes unavailable during training. an error noted in § 61.64 as adopted in rating in a single-engine airplane. AOPA expresses concern that, in Amendment No. 61–100. The existing In the aeronautical knowledge proposed paragraph (b), the FAA failed rule incorrectly requires all applicants requirements of proposed paragraph (b) to include its new aeronautical for an additional category rating or class added requirements included training in knowledge area of planning for air rating to take a knowledge test. windshear avoidance, aeronautical traffic delays. The commenter states that decision making and judgment in the this requirement was included Section 61.65 Instrument rating aeronautical knowledge requirements, inappropriately for recreational and requirements. and flight deck resource management, to private pilots, while instrument-rated In Notice No. 95–11, the FAA include crew communications and pilots are far more likely to encounter proposed revisions to § 61.65, including coordination. air traffic delays. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16255

HAI objects to the requirement in then the pilot will need to cancel IFR class-specific instrument rating, with proposed § 61.65(d)(1) that 40 hours of and reattempt to meet this requirement. the exception of the powered-lift instrument training be obtained from a Additionally, several comments instrument rating, as explained in CFII or instrument ground instructor. oppose the proposal to eliminate the section IV,F. NATA’s other objection The commenter states that currently requirement that the cross-country flight regarding the elimination of the part of this training can be logged with be flown under actual or simulated requirements for specific types of either a safety pilot or from a CFI. instrument conditions. One individual approaches, including precision NAFI opposes the proposed paragraph commenter states that the visual approaches, is addressed in (d) cross-country requirements, reference removes the need for § 61.65(c)(6). The requirement for especially the 100-nautical-mile leg maintaining spatial orientation and a specific types of approaches was deleted requirement. NAFI does not see a need consistent scan of the panel, and that from the aeronautical experience for this requirement and states that it the requirement would reduce the flight requirements in § 61.65; precision would preclude a cross-country of three to just another VFR flight. Commenters approaches are still covered in the PTS. relatively equal legs. NAFI comments recommend a requirement for 2 to 5 The objections of AOPA and NAFI to that cross-country flight already would flight-time hours in actual instrument the 100-mile leg requirement are noted, have been demonstrated during private conditions. and the FAA has decided to withdraw pilot training. According to NAFI, it also In addition, commenters offer various the proposal and return to current may be difficult to meet the requirement views on the use of flight simulators or requirements. The FAA’s intent was to for three different types of approaches, ground training devices, advocating clarify the regulation but, based on the as well as an instrument approach 100 either less or more use of such comments submitted, the provision nautical miles away, in some parts of equipment during the instrument resulted in greater confusion and did the country. AOPA also objects to the training. GAMA comments that not provide the flexibility for pilots to 100-nautical-mile leg requirement, simulators and flight training devices plan their cross-country flights because it would limit training provide much more effective training according to individual situations. In flexibility. AOPA comments that most than simply requiring the pilot to log a addition, based on the above, the FAA learning during instrument training certain amount of ‘‘unfocused’’ flight has decided to remove from the final time. GAMA, the FAA, and university results from entering and exiting the rule the 50-mile leg requirement for research, as well as the U.S. military, terminal environment. An individual helicopters. In response to AOPA’s and have demonstrated that, with the proper commenter echoes AOPA’s concern. HAI’s comment regarding the use of the instruction, relatively low-time pilots NATA is in opposition to two aspects term ‘‘IFR,’’ it is the FAA’s intent to can readily learn instrument flying of the proposed requirements for the require a person to file an instrument skills. AOPA, NBAA, and several flight plan and perform a flight under instrument rating long cross-country individual commenters echo these IFR, although not necessarily under flight. According to NATA, the views and encourage the FAA to IMC. Therefore, the FAA is going requirement in proposed § 61.65(d)(5) expedite the integration of personal forward with the proposal. The that the flight be performed in a class- computer-based flight training devices objections raised by commenters specific aircraft ‘‘poses an unnecessary for instrument training and proficiency. economic burden on the student, with FAA Response: The FAA regarding the need for instrument no benefit.’’ NATA also opposes the acknowledges HAI’s concern regarding training in actual or simulated elimination of any requirement for the language ‘‘the instructor who gave conditions are not valid because the specific types of approaches and states that person the training’’ and therefore definition of instrument training that at least one precision approach has deleted the objectionable language. includes a requirement for actual or should be required. The FAA has changed the language in simulated conditions. AOPA states that the proposed the recreational and private pilot Addressing concerns raised requirement for the instrument cross- aeronautical knowledge area throughout the proposed regulations, country flight to be conducted under requirements so that it now refers to the final rule modifications to this ‘‘IFR’’ creates significant confusion delays rather than specifically to ATC section also include the insertion of because the term ‘‘IFR’’ is not defined in delays. ATC delays concerning language restoring the ability of the part 1 or part 61. AOPA interprets the instrument rated pilots are addressed in Administrator to place operating new language to require the flight to be § 61.65(b)(3), which provides for limitations on an applicant unable to conducted under IMC or that a flight training in the air traffic control system meet the English language requirements, plan be filed. The commenter states and procedures for instrument flight as discussed in section IV,G; and that, under its interpretation of the operations. The FAA notes HAI’s deletion of provisions for the proposed proposal, the flight instructor would objection to proposed § 61.65(d)(1). The instrument airship rating, because that need to posses a medical certificate change resulted in an inadvertent rating was not adopted, as discussed in since the instructor would have to be increase in the amount of instrument section IV,D. Similarly, as discussed in pilot in command for purposes of filing time that must be obtained from a CFII. section IV,D, the FAA is not adopting a flight plan. AOPA urges the retention The FAA has noted this error and the proposal to separate the instrument of the current language, which requires corrected it in the final rule. The FAA rating into single and multiengine the flight to be conducted under ‘‘actual is adopting in the final rule the proposal classes, the proposed paragraph giving or simulated IFR conditions.’’ to eliminate the existing 125-hour total single-engine instrument privileges to HAI states that training helicopters time requirement, but is not eliminating applicants who pass the instrument such as the R–22 are not certificated for the 50-hour pilot in command cross- rating practical test in multiengine flight in instrument conditions. The country time requirement, as discussed practical test is redundant and therefore commenter asks whether a helicopter in section IV,E. deleted. not certificated for flight in IMC can In response to NATA’s concerns The use of ground training devices legally be flown on an IFR flight plan, regarding class-specific aircraft was addressed in Amendment No. 61– and adds that, if the flight is done under requirements within the proposed rule, 100. These provisions are included in IFR, and VMC cannot be maintained, the FAA has withdrawn the proposed the final rule. 16256 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Additionally, the final rule corrects in this final rule with only minor towplane has a single seat, such as is the several errors noted in paragraph (g) of editorial changes. case for the Piper PA–25 (Pawnee). the existing rule as adopted in FAA Response: The FAA considered Section 61.69 Glider towing: Amendment No. 61–100. Existing the comments of AOPA, EAA, NAFI, Experience and training requirements. paragraph (g)(1) erroneously contains and SSA, which oppose the elimination the word ‘‘any’’ prior to the phrase In Notice No. 95–11, proposed § 61.69 of the existing rule’s method for tow ‘‘category, class, and type aircraft that is was reformatted and revised. The FAA endorsement (simulated tow). After certificated for flight in instrument proposed to revise the title of this further review of the proposal, the FAA conditions.’’ This incorrectly allows the section to read, ‘‘Glider towing: has concluded that operational use of any category, class, and type of Experience and training requirements.’’ requirements and accident/incident data aircraft during the practical test; e.g., the The title of the existing § 61.69 read do not establish a safety justification use of a helicopter for an airplane ‘‘Glider towing: Experience and sufficient for the increased regulatory instrument rating practical test. Also, instruction requirements.’’ and economic burden. Therefore, the that same paragraph in the existing rule The FAA proposed in paragraph (a) to existing method has been reinstated. contains the phrase ‘‘that is certificated clarify the requirements for a pilot who Addressing AOPA’s concern that the for flight in instrument conditions.’’ desires to act as a pilot in command of proposal’s use of the term ‘‘single- That language unintentionally precludes an aircraft towing a glider. Proposed engine airplane’’ was too specific, the practical testing in some aircraft that paragraph (b) clarifies the requirements FAA has replaced that term in the final may not be certificated for flight into for a pilot who accompanies that rule. The final rule requires the towing instrument meteorological conditions, person, specifying that the pilot to be certificated in a powered but which may be operated under accompanying pilot, not the applicant, aircraft. The final rule revises the instrument flight rules, provided the is required to have at least 10 flight proposed 100-hour pilot-in-command flight is conducted in weather hours as a pilot in command of an time requirement to specify ‘‘category, conditions that meet the requirements aircraft towing a flight. class, and type, if required’’ rather than the proposed ‘‘single-engine airplanes.’’ for flight under visual flight rules. The FAA also proposed to eliminate Other references to ‘‘single-engine In response to a comment received the second alternative of existing airplane’’ were replaced by ‘‘aircraft.’’ regarding Amendment No. 61–100, § 61.69, which allowed for a person to The final rule also restores the recency requesting clarification on the use of a have made at least three flights as sole flight simulator or flight training device of experience requirements for glider manipulator of the controls of an aircraft towing. The proposed rule inadvertently during the practical test, the FAA has simulating glider towing flight revised paragraph (a)(8) of the final rule deleted recency of experience procedures and at least three flights as requirements for glider towing, although to provide for the use of a flight pilot or observer in a glider being towed simulator or a flight training device for it did include the requirements for the by an aircraft in order to qualify as a pilots accompanying glider towing the conduct of a practical test if that pilot in command of an aircraft towing flight simulator or flight training device trainees. These requirements have been a glider. The FAA proposed to require included in the final rule. is approved for the procedure that to be eligible for glider towing, the performed. The final rule also limits the pilot must have specified experience Section 61.71 Graduates of an procedures which may be performed in actually towing gliders under the approved training program, other than an approved flight training device to supervision of an experienced pilot. under this part: Special rules. one precision and one nonprecision Comments: SSA opposes the approach provided the flight training In Notice No. 95–11, the FAA elimination of the existing rule’s second device is approved. proposed to change the title of this The format of the final rule was method for tow endorsement from section. In addition, the FAA proposed further changed to accommodate the § 61.69. The commenter states that the to permit the crediting of training included modifications. elimination of this option would create conducted under part 141- or part 142- a severe limitation for commercial approved training programs, and the Section 61.67 Category II pilot operators and clubs that tow with issuance of an ATP certificate, type authorization requirements. single-place towplanes. SSA contends rating, or both, to a person who has In Notice No. 95–11, the FAA noted that the proposed rule would require satisfactorily accomplished an approved that this section was addressed in a these operators to have available an training program and a pilot in separate NPRM titled ‘‘Aircraft Flight aircraft with two pilot seats and a tow command proficiency check for that Simulator Use in Pilot Training, Testing, hitch to complete a checkout, or to hire aircraft type, in accordance with the and Checking at Training Centers,’’ that a multiplace towplane with a tow hitch pilot in command requirements of was issued on July 15, 1992 (57 FR from another airport or operator. SSA subparts N and O of part 121 of this 35918; August 11, 1992). On July 2, also believes that the wording of chapter. The proposal also deleted the 1996, the provisions contained in that proposed § 61.69(b)(3), which lists the existing requirement for an applicant notice were issued as a final rule in requirements an instructor must meet seeking an instrument rating who Amendment No. 61–100. The provisions prior to being authorized to endorse graduates from a pilot school of § 61.67 set forth in that rule have also another pilot for towing, is unclear. certificated under part 141 to hold a been included in this final rule with AOPA, EAA, and NAFI support SSA’s commercial pilot certificate and a only minor editorial changes. comments on glider towing. AOPA adds second-class medical certificate, and the that § 61.69 refers to towing with a requirement that graduates of pilot Section 61.68 Category III pilot ‘‘single-engine airplane,’’ ignoring that it schools with examining authority must authorization requirements. is possible for a multiengine airplane to apply for a certificate or rating within 90 Although this section was not be used. NAFI echoes this last comment days. included in Notice No. 95–11, its by AOPA. An individual commenter Comments: AOPA opposes retention provisions were adopted as part of agreed with the objection to eliminating of the current requirement in Amendment No. 61–100. The provisions the existing rule’s second option, citing § 61.71(a)(1), which provides a 60-day of § 61.68 have therefore been included it as the only one available when the limitation on graduates from a part 141 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16257 or part 142 school to take a practical Section 61.75 Private pilot certificate foreign pilot license in his or her flight test. The commenter encourages issued on basis of a foreign pilot license. personal possession or readily the FAA to increase this period to 90 In Notice No. 95–11, the FAA accessible in the aircraft. Comments: No substantive comment days to accommodate graduates of proposed changes to § 61.75 regarding was received. Therefore, specifically university-based schools who may not issuance of a U.S. pilot certificate on the with regard to this section, apart from complete their phase checks until the basis of a foreign pilot license. editing changes, the final rule is end of the semester and might have an The title of proposed § 61.75 would be adopted as proposed. intervening period for travel or job changed from ‘‘Pilot certificate issued considerations before they can perform on basis of a foreign pilot license’’ to Section 61.77 Special purpose flight the practical test. ‘‘Private pilot certificate issued on basis authorization: Operation of U.S.- FAA Response: In response to AOPA’s of a foreign pilot license.’’ registered civil aircraft leased by a recommendations, the FAA has found The FAA proposed in paragraph (b) to person who is not a U.S. citizen. that the 60-day requirement is adequate delete the existing provision that and consequently § 61.71, as proposed, The FAA proposed to replace the permitted a pilot with a foreign is adopted with only minor editorial current special purpose pilot certificate commercial, senior commercial, or ATP changes. for foreign pilots of U.S.-registered license to apply for a U.S. commercial aircraft with a special purpose pilot Section 61.73 Military pilots or former pilot certificate. The FAA proposed to authorization. The FAA recognizes military pilots: Special rules. permit those pilots to apply only for a ‘‘authorizations’’ as equivalent to The proposed changes in this section U.S. private pilot certificate, with certificates issued by the Administrator clarified that military and former appropriate ratings. Proposed paragraph under 49 U.S.C. § 44711(a)(2), formerly military pilots would be required to (b)(4) added a provision that would the Federal Aviation Act of 1958, as have graduated from a military pilot permit an applicant to use his or her amended, to be issued by a Flight training course or military pilot flight medical certificate issued by the country Standards District Office (FSDO) under school, and received official military that issued the foreign pilot license in § 61.77. In addition, the FAA proposed aeronautical orders before applying for lieu of a medical certificate issued to clarify § 61.77 to align the ‘‘age 60’’ their commercial pilot certificate. In under part 67. rule for pilots with the requirements of Notice No. 95–11, the provision in In proposed paragraph (e), the FAA part 121 for all U.S. and foreign pilots existing § 61.73(a) that permitted deleted existing language that based who are 60 years of age or older, and military pilots to apply for a private pilot privileges on those authorized by who are employed by foreign air carriers pilot certificate was deleted because, the foreign pilot license, while adding a that operate U.S.-registered civil aircraft historically, military pilots have not provision in proposed paragraph (e)(2) for compensation or hire in scheduled chosen a private pilot certificate when stating that a holder of a private pilot international air services and a commercial pilot certificate could be certificate, issued under this section, is nonscheduled international air transport issued without complying with any limited to the privileges placed on that operations. further requirements. Also, existing certificate by the Administrator. Comments: AOPA, EAA, and NAFI § 61.73(g)(6) was deleted because Proposed paragraph (e)(3) added a oppose § 61.77(b)(6) and (e)(4) because Tactical (Pink) Instrument cards were provision stating that a holder of a the proposed age limitation represents last issued by the Army in 1971. In private pilot certificate, issued under ‘‘blatant age discrimination,’’ and they addition, the content of existing this section, is subject to the limitations believe that it is inappropriate to § 61.73(d)(2) was moved to proposed and restrictions on the person’s U.S. include such provisions because the § 61.73(d)(5), and the limitation for certificate and foreign pilot license. A matter is at issue in Congress and the ‘‘VFR only’’ was deleted because, since provision was added in proposed courts. 1972, all U.S. military pilot training paragraph (e)(4) that restricts each FAA Response: Notice No. 95–11 requires instrument qualification foreign pilot license holder from proposed to align the age 60 rule with training. The proposed rule also exercising the privileges of his or her similar provisions in part 121. As included an administrative clarification U.S. pilot certificate while that holder’s previously discussed in the analysis of for elevating type ratings on the foreign license is under an order of § 61.3, part 121 was revised to include superseded pilot certificate to the ATP revocation or suspension. certain commuter operations previously certificate level, and implemented Proposed paragraph (f) added a addressed in part 135. Accordingly, the minor wording and structure changes. provision that would require a pilot FAA is amending the applicability of Comments: One commenter states that with a foreign pilot license to submit a the age limitation in § 61.77 to be although military training surpasses part transcription of that foreign pilot license consistent with current part 121, as well 61 requirements, pilots should not and that pilot’s medical certificate in the as with § 61.3(j). The FAA invites receive authorization to fly English language, unless the licenses comments on the inclusion of additional sophisticated piston-engine aircraft and limitations are already in the aircraft operations under the age 60 without any previous experience with English language. limitation as set forth in § 61.77. controllable pitch-propeller aircraft. In proposed paragraph (g), the FAA In the past, § 61.77 has applied only FAA Response: In answer to the required an applicant for a U.S. pilot to aircraft engaged in part 121 commenter’s concern, the FAA already certificate to read, speak, write, and operations; therefore, the age 60 requires additional training and an understand the English language. Also limitation applied to all holders of endorsement to operate complex and deleted in this paragraph was existing certificates issued under § 61.77. high-performance airplanes as provided language specifically disallowing the Because the applicability of § 61.77 is in § 61.31 of this chapter. To impose U.S. certificate issued under this section now expanded to all civil aircraft, the additional requirements would be to be used for agricultural operations. A age 60 limitation will not apply to all beyond the scope of this rulemaking. provision was added to this paragraph special purpose pilot authorizations, Therefore, this proposed section was that states that the U.S. private pilot and reaching the age of 60 will not implemented with only minor clarifying certificate, issued under this section, is result in the expiration of the language changes. valid only when that person has a authorization. 16258 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

As discussed in connection with him or her unable to pilot an aircraft. As there is no indication that the proposal § 61.3(j), the FAA is delaying a result of the separation of the student will enhance safety. An individual implementation of the age 60 limitation pilot certificate from the medical commenter proposes that the test should for pilots of commuter aircraft that now certificate, all requirements that pertain not necessarily have to be administered will be governed by part 121. A similar to the issuance of medical certificates by the instructor, as long as the delayed implementation is in § 61.77(g). and the conduct of pilot operations instructor reviews the test results with during any medical deficiency are the student. Subpart C—Student Pilots contained in §§ 61.23 and 61.53 of the FAA Response: A definition of ‘‘solo The FAA proposed to establish final rule. These requirements are flight’’ similar to that of the existing rule separate subparts for student pilots and further explained in the analysis of has been added to paragraph (a) of the recreational pilots. In addition, the title §§ 61.23 and 61.53. final rule. In this new definition, the of subpart C was revised from ‘‘Student Section 61.87 Solo requirements for phrase ‘‘an airship’’ has been replaced and Recreational Pilots’’ to ‘‘Student student pilots. by ‘‘a gas balloon or an airship’’. In Pilots.’’ The final rule includes these paragraph (b), the first proposed changes as proposed. In Notice No. 95–11, the FAA reference to the word ‘‘test’’ has been proposed to change the title of § 61.87 Section 61.81 Applicability. replaced with ‘‘knowledge test’’, for from ‘‘Solo flight requirements for consistency with new FAA usage. The FAA proposed to delete the student pilots’’ to ‘‘Supervised pilot in Regarding the existence of the test reference to recreational pilot command requirements for student requirement itself, the FAA notes the certificates and ratings in this section, pilots’’. Additionally, the term ‘‘solo’’ concerns of AOPA and NAFI, but points which were included in proposed was replaced with ‘‘supervised pilot in out that the requirement merely reflects command’’ for reasons discussed in the subpart D. No substantive comments the existing rule. Therefore, this final analysis of § 61.1. were received, and the rule is adopted rule is adopted with the changes as proposed. This section was revised to include separate supervised pilot in command discussed above. Section 61.83 Eligibility requirements maneuvers and procedures for the Section 61.87(c), Pre-solo flight training. for student pilots. airplane single-engine rating, airplane The FAA proposed some minor Proposed paragraph (c) added a multiengine rating, rotorcraft helicopter reformatting of existing requirements requirement that an applicant be able to rating, rotorcraft gyroplane rating, glider but no substantive change to this write in the English language. The nonpowered rating, glider powered paragraph. existing rule only required an applicant rating, lighter-than-air airship rating, to have the ability to read, speak, and lighter-than-air balloon rating, and Comments: SSA recommends understand the English language. In powered-lift rating. Comments modifying proposed § 61.87(c)(1) to addition, the proposed rule applied to addressed various proposed provide for supervised pilot in all applicants, eliminating the existing requirements within this section and are command in single-place gliders. provision that permits applicants who discussed below. For reasons discussed According to SSA, it is very common to cannot read, speak, and understand the in the analysis of § 61.1, the FAA is solo a student in a two-place glider and, English language to receive a certificate retaining the term ‘‘solo.’’ The proposed when competent, in a single-place glider with an operating limitation as deemed term ‘‘supervised pilot in command’’ is of similar characteristics. SSA necessary by the Administrator. being replaced by the existing term comments that the existing and Proposed paragraphs (d) and (e) ‘‘solo’’ throughout the final rule, where proposed versions of § 61.87(c) limit included minor revisions to the medical appropriate. Additionally, the language solo flights to aircraft with more than requirements for applicants who desire of the proposal has been modified for one seat by using the phrase ‘‘in make a rating in a glider or a balloon. clarity. and model.’’ SSA states that Notice No. Comments: AOPA and IDPA express 95–11 proposes to give an instructor the same concerns previously discussed Section 61.87(a), General; and Section authority to endorse a student for regarding the deletion of the existing 61.87(b), Aeronautical knowledge. supervised pilot in command in a language that permitted operating Proposed paragraph (a) deleted the single-place glider, but the commenter limitations for those applicants unable existing definition of the term ‘‘solo believes that the rule should be explicit to read and speak the English language flight.’’ In paragraph (b), the FAA on this issue. SSA proposes the due to medical conditions. proposed to replace the term ‘‘written following language: ‘‘For single-place FAA Response: Upon reviewing the examination’’ with the term ‘‘test’’ to aircraft, the pre-supervised pilot in concerns of AOPA, IDPA, and other permit the administration of the command training must have been commenters, the FAA has restored required test in a format other than on received in an aircraft that has two pilot language permitting an operating paper (e.g., computer response). seats and is of the same category, class, limitation for medical conditions. This Comments: AOPA and NAFI oppose and type, as appropriate, and the single- issue is discussed in section IV,G. In the requirement in proposed § 61.87(b) place aircraft must have similar flight addition, the FAA has placed the that a student take a written test prior characteristics to those of the aircraft references to medical requirements for to engaging in supervised pilot in with two pilot seats.’’ student pilots in § 61.23, as discussed in command. The commenters state that FAA Response: The FAA has the analysis of that section. most instructors conduct this test modified § 61.87(c)(2) to permit a already, and many insurance companies student pilot to demonstrate flight Section 61.85 Application. require flight schools to perform such proficiency in a similar make and model In Notice No. 95–11, no substantive tests; codifying the provision needlessly of aircraft to that in which the student changes were made to this section, adds to an instructor’s burden and pilot will conduct solo flight. The FAA which would permit an applicant for a exposure to enforcement action. AOPA notes that similar make and model student pilot certificate to submit a also comments that the FAA has not aircraft should be of a similar design, certification that he or she has no presented any justification for the with similar operating, performance, known medical defect that would make proposed change. According to AOPA, flight, and handling characteristics. The Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16259 revision made by the FAA to the procedures without an instructor in the requirements for gliders into one proposal made in Notice No. 95–11 will aircraft. paragraph. The language of the final rule apply to all categories and classes of FAA Response: The existing makes provisions for powered gliders as aircraft. As examples, the proposed requirement for training on stall entries appropriate, without discussing them as revision will permit a student pilot to and recoveries was inadvertently a separate class. Except for these receive flight training in a Schweizer 2– omitted from the proposal. A changes, the final rule is adopted as 33 and solo a Schweizer 1–26, or receive requirement for ‘‘stall entries from proposed. various flight attitudes and power flight training in a two-place gyroplane Section 61.87(j), Maneuvers and but solo in a single-place version of that combinations with recovery initiated at the first indication of a stall, and procedures for pre-solo flight training in same gyroplane, even though the single- an airship; and § 61.87(k), Maneuvers place version has a slightly smaller recovery from a full stall’’ has been inserted into paragraphs (d) and (e) of and procedures for pre-solo flight powerplant. The FAA also notes that a training in a balloon. flight instructor must endorse a student the final rule. AOPA’s concerns pilot for solo flight in the actual make regarding the deletion of flight at The FAA proposed minor editorial and model aircraft in which the student minimum controllable airspeed were and reformatting changes. No pilot will conduct flight operations. reviewed, but the change of terminology substantive comments were received. Except for this change the final rule is to ‘‘slow flight’’ was made to provide The references to ‘‘vents’’ and ‘‘deflation adopted as proposed. the FAA with flexibility in determining valves’’ were added to paragraph (k) of which specific tasks should be the final rule. Except for these changes, Section 61.87(d), Maneuvers and performed in the area of operation. This the final rule is adopted as proposed. procedures for pre-solo flight training in is issue discussed in section IV,H. a single-engine airplane; § 61.87(e), Section 61.87(l), Limitations on student Moreover, the FAA has determined that pilots operating an aircraft in solo flight; Maneuvers and procedures for pre-solo the stall training requirement of the flight in a multiengine airplane; and § 61.87(m), Limitations on student pilots final rule ensures that the student operating an aircraft in solo flight at § 61.87(f), Maneuvers and procedures obtains the necessary practice in stall for pre-solo flight training in a night; and § 61.87(n), Limitations on recognition and handling flight instructors authorizing solo flight. helicopter. characteristics. HAI’s concerns also are The proposed paragraphs set forth the The FAA proposed to revise existing noted; however, this section’s limitations on the exercise of student requirements. It also proposed to use the requirements are explicitly listed as pre- pilot flight privileges. term ‘‘slow flight’’ in place of the solo training, therefore, these maneuvers would be conducted with an authorized Comments: HAI objects to the previously used term ‘‘minimum language regarding limitations on flight controllable airspeed.’’ Details of the instructor. Except for these changes, the final rule is adopted as proposed. instructors authorizing supervised pilot maneuvers and procedures to be in command flight. HAI interprets the performed by students would be Section 61.87(g), Maneuvers and rule as requiring that training be established through the appropriate procedures for pre-solo flight training in completed in the specific aircraft. HAI practical test standards. The a gyroplane; and § 61.87(h), Maneuvers states that the rule should not require requirement for training on stall entries and procedures for pre-solo flight training in a specific aircraft, but merely and recoveries was inadvertently training in a powered-lift. in the same make and model of aircraft omitted from proposed paragraph (d). In proposed paragraph (g), the FAA to be flown during supervised pilot in Comments: AOPA states that deleted provisions for single-seat command. The commenter also proposed § 61.87 (d)(9) and (e)(9) could gyroplanes for reasons discussed in the contends that the rule can be interpreted hurt the long-term safety record of analysis of § 61.45. Proposed paragraph to mean that an instructor must be general aviation because the (h) established student pilot training for physically present to authorize the requirement for flight at minimum the proposed powered-lift category student pilot to perform each supervised controllable airspeed has been replaced rating. For the same reasons discussed pilot in command flight. HAI with ‘‘slow’’ flight. AOPA points to the in the response concerning the final recommends modifying the rule to FAA’s definition of slow flight as 1.2 rule’s paragraphs (d), (e), and (f), a allow supervised pilot in command times the stall speed of the aircraft, requirement for flight training on stall flight as long as all of the requirements which is only marginally slower than entries and recoveries was added to have previously been met and the the standard approach speed of 1.3 paragraph (h). Except for the changes student’s pilot logbook is properly times the stall speed. According to discussed, the final rule is adopted as endorsed. AOPA, stall recognition and handling proposed. AOPA opposes the proposed characteristics of an aircraft at minimum requirement that an instructor who controllable airspeed constitutes Section 61.87(i), Maneuvers and authorizes supervised pilot in command ‘‘critical knowledge’’ for a student pilot procedures for pre-solo flight training in flight must endorse the student pilot’s and should not be removed. a glider. certificate every 90 days. AOPA states AOPA also states that the deletion of Proposed paragraphs (i) and (j) that updating the endorsement would requirements for pre-solo stall recovery established student pilot training for the require the issuance of additional training is a mistake. Individual proposed nonpowered class ratings and student pilot certificates simply to commenters echo this view, stating that for the powered class ratings under the accommodate recordkeeping functions. this omission appeared to be glider category, respectively. No The commenter contends that an inadvertent. substantive comment directly addressed instructor should be able to keep the HAI cites proposed § 61.87(d) and (f) the proposed paragraph (i). As student current by endorsing only the and asks whether these procedures for discussed in section IV,F, the FAA is logbook within the preceding 90 days. supervised pilot in command training not proceeding with the separation of One commenter echoed AOPA’s are intended for solo practice. The the glider category into nonpowered and objections. commenter believes that student pilots powered classes. Therefore, the final FAA Response: The FAA agrees with should not perform emergency rule consolidates the proposed separate part of HAI’s concern over possible 16260 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations misinterpretation of the requirement category balloon rating, and powered- Individual commenters objecting to that training be conducted in a specific lift rating. both proposed paragraphs (c)(1) and aircraft, therefore, the language in the In proposed paragraph (a), the FAA (c)(2) shared the associations’ views. final rule for the paragraph has been deleted the existing provision that a One instructor states that the ‘‘make and changed from ‘‘in the aircraft’’ to ‘‘in the student pilot may land at an airport model’’ requirement could be a make and model of aircraft’’. other than the airport of takeoff, in an hardship if a flight school changed Additionally, in accordance with the emergency. This provision already equipment in the middle of a student’s revision made to § 61.87(c)(2) to permit exists in § 91.3, ‘‘Responsibility and training, because the student would a student pilot to demonstrate flight authority of the pilot in command.’’ have to repeat pre-solo maneuvers and proficiency in a make and model of Proposed paragraph (b)(1) clarified cross-country training. The commenter aircraft similar to that in which the the language of the provision for requests retaining the existing rule’s student pilot will conduct solo flight, performing supervised pilot in reference to aircraft ‘‘category’’ only. the FAA has revised § 61.87(n)(1)(i) to command flights to and from an airport Another commenter states that the permit an instructor to authorize a within 25 nautical miles of the airport privilege of signing for another flight student pilot to perform a solo flight if from which the flight originated. instructor should be retained under the instructor has given the student Proposed paragraph (b)(2) clarified proposed § 61.93 (c)(2)(ii) and (c)(2)(iii). pilot training in either ‘‘the make and the provision for performing repeated Another commenter requests that model of aircraft or a similar make and supervised pilot in command cross- proposed § 61.93 contain more useful model of aircraft in which the solo flight country flights that are no more than 50 guidance regarding what is required for is to be flown’’. nautical miles. a glider pilot to make a cross-country The FAA also concurs with AOPA’s Proposed paragraph (c) clarified flight. objection to the requirement that existing requirements for endorsements on the student pilot’s certificate and in FAA Response: As discussed in the certificates be endorsed every 90 days. analysis of § 61.1, the FAA has decided The final rule has therefore been revised the student pilot’s logbook. The requirement for an endorsement on the not to adopt the term ‘‘supervised pilot to only require additional 90-day solo in command.’’ Regarding the comment endorsements to be recorded in the student pilot certificate would not apply to a pilot with a pilot certificate who on the possible terminology problem in logbook. The paragraphs pertaining to seeks privileges in another aircraft paragraph (a) with respect to balloons, powered and nonpowered glider class category, because a certificated pilot the FAA points out that it has decided ratings have been restructured because would not hold a student pilot to delete solo cross-country the FAA is not proposing separate certificate. requirements for balloons in the final powered glider and nonpowered glider Provisions were added in proposed rule as discussed in the analysis of ratings as discussed in section IV,F. paragraph (d) for the use of radios for § 61.107. Upon reviewing the comments Except for these changes, the final rule VFR navigation and two-way of AOPA, HAI, and individuals is adopted as proposed. communications, procedures for regarding cross-country endorsements, Section 61.89 General limitations. diverting to alternate airports, and the FAA has decided to replace the windshear avoidance. words ‘‘make and model’’ with The FAA proposed minor editorial Comments: One commenter states that ‘‘category’’ in paragraph (c)(1) of the changes to this section in Notice No. the requirements of § 61.93(a)(1) for final rule, while retaining them for 95–11. No substantive comments to this supervised pilot in command cross- logbooks in paragraph (c)(2). The intent section were received; the section is country flight should be clarified for of the change to the existing rule is to adopted as proposed. balloon operations, which do not clarify that a student must be properly Section 61.93 Solo cross-country flight originate at an airport and do not land authorized to conduct not just all solo requirements. at the departure point. flights, but also all solo cross-country HAI asks whether the cross-country flights, in a specific make and model. In Notice No. 95–11, the FAA endorsement section of the student pilot proposed to revise and reformat § 61.93. certificate will be revised to allow an For reasons similar to those discussed In the proposal, the title was changed endorsement for aircraft make and in the section-by-section analysis of from ‘‘Cross-country flight requirements model as required in proposed § 61.87, the FAA also has modified (for student and recreational pilots paragraph (c)(1), in light of the fact that § 61.93(a)(2)(iii) to permit the pre-solo seeking private pilot certification)’’ to the current requirement is merely for an flight maneuvers and procedures ‘‘Supervised pilot in command cross- endorsement of aircraft category. AOPA required by § 61.87 to be accomplished country requirements for student also questions the make and model in either the make and model of aircraft pilots’’. The FAA proposed to change specific requirement of paragraph (c)(1), or a similar make and model of aircraft the term ‘‘solo’’ to ‘‘supervised pilot in stating that an endorsement for category for which solo cross-country flight command’’ to reflect the proposed alone should be sufficient, since the privileges are sought. Except for these deletion of the term ‘‘solo’’ as discussed proposed logbook endorsement of changes, the final rule is adopted as in the analysis of § 61.1. paragraph (c)(2) would accommodate proposed. The most significant change proposed the make and model endorsement. Section 61.95 Operations in Class B was the establishment of separate According to AOPA, the proposal would airspace and at airports located within supervised pilot in command cross- force the FAA to issue more student Class B airspace. country maneuvers and procedures for certificates simply for recordkeeping the airplane single-engine rating, functions. HAI questions whether the The FAA did not propose any airplane multiengine rating, rotorcraft logbook endorsement in proposed substantive changes to this section in helicopter rating, rotorcraft gyroplane paragraph (c)(2) for supervised pilot in Notice No. 95–11. This section is rating, nonpowered glider rating, command cross-country flight is adopted as proposed with only minor powered glider rating, lighter-than-air necessary in light of the requirement for editorial changes for consistency with category airship rating, lighter-than-air the certificate endorsement. other sections of this proposal. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16261

Subpart D—Recreational Pilots change that would prevent deaf pilots aware of the dangers associated with and pilots with other medical windshear. Most individual commenters Section 61.96 Applicability and conditions that have a command of the also support the proposed requirements eligibility requirements: General. English language from obtaining a for windshear training. The proposed section sets forth the recreational pilot certificate. The AOPA favors the concept of teaching provisions that are applicable to English language requirement is further aeronautical decision making and recreational pilot certificates and discussed in section IV,G. Although the believes there should be a definition of ratings. The proposal added a new FAA notes the positive response to the what must be taught and to what § 61.96a titled ‘‘Eligibility requirements: proposal regarding medical self- standards. The commenter encourages General.’’ The proposal required evaluation by persons exercising the FAA to elaborate on this topic in the applicants to be able to write in the recreational pilot privileges, the FAA preamble to any final rule. English language and eliminated the has decided not to adopt the proposal FAA Response: The FAA agrees with provision in the existing rule that for reasons discussed in section IV,A of commenters who state that recreational permitted applicants who could not this preamble. In the final rule, medical pilots are unlikely to encounter air read, speak, or understand the English certificate requirements associated with traffic delays, and has modified the language to receive a certificate with the recreational pilot eligibility and requirement for training in traffic delay operating limitation deemed necessary privileges are contained in § 61.23. planning to a more general reference to by the Administrator. The proposal also Proposed § 61.96 was integrated with possible delays. Other terminology and deleted the requirement for recreational proposed § 61.96a. changes were implemented in the final pilots to hold a medical certificate. The rule as well, including revising the Section 61.97 Aeronautical proposal required an applicant to reference to the ‘‘Airman’s Information knowledge. receive an endorsement from the ground Manual,’’ which is now titled the instructor or flight instructor who gave The FAA proposed additional ‘‘Aeronautical Information Manual.’’ the applicant training or reviewed the aeronautical knowledge requirements, The FAA strongly believes that applicant’s home-study course. This including ground training on windshear training in human factors and endorsement would state that the avoidance, aeronautical decision aeronautical decision making should be applicant was prepared for the making and judgment, and the preflight required. Approximately 80 percent of knowledge test. actions found in § 91.103. all accidents are related to pilot error. Comments: Approximately 1,100 Comments: EAA favors the inclusion Training in human factors, and comments address the FAA’s proposals of windshear, and aeronautical decision aeronautical decision making and regarding the recreational pilot making and judgment in the training judgment may decrease the number of certificate. The overwhelming majority requirements. EAA and NAFI oppose accidents attributable to pilot error, of the commenters agree with the requirements that mandate training because implementation of similar proposal, many of them requesting regarding how to plan for alternatives if training in air carrier operations has expeditious implementation of the final the flight cannot be completed and decreased accident rates. Regarding rule with regard to the recreational pilot possible air traffic delays are AOPA’s concern on the need for provisions of Notice No. 95–11, without encountered. NAFI comments that guidance material on aeronautical necessarily waiting for other parts of the recreational pilots are unlikely to decision making, the FAA points out proposal. Fewer than 20 commenters encounter the need for such training. that AC No. 60–22, ‘‘Aeronautical disagree. Most of the commenters state AOPA and GAMA support instruction Decision Making,’’ contains such that the proposal will stimulate interest in windshear avoidance, aeronautical guidance. in flying by making recreational flying decision making, and preflight action in more affordable and by eliminating the aeronautical knowledge Section 61.98 Flight proficiency. paperwork. They also state that the requirements for recreational pilots. This proposed section established the proposals will boost the general aviation However, AOPA cannot accept the areas of operation for all aircraft that are industry without adversely affecting additional training requirements permitted to be operated by a safety. without a description of what they are recreational pilot. Several commenters EAA and NAFI request that the FAA and how they will be implemented. raised concerns regarding the principle expeditiously review comments on In addition, AOPA questions the behind the proposed areas of operation Notice No. 95–11 and move to final rule proposed requirement for training and for all certificates. This issue is on the recreational pilot provisions. The instruction in planning for air traffic addressed in section IV,H. commenters note the success of the new delays because recreational pilots are This section is adopted as proposed, Canadian recreational pilot’s permit, not permitted to fly in airspace with only minor editorial changes. which they contend has increased requiring two-way radio Section 61.99 Aeronautical training activity and financially communications. experience. benefited FBOs and flight instructors. ALPA, GAMA, and NAFI support the The United States Ultralight requirements for training in aeronautical In Notice No. 95–11, the FAA Association, Inc., also states that the decision making as do many of the proposed to change the title of this proposed changes will benefit general individual commenters. SSA states that section from, ‘‘Airplane rating: aviation. including knowledge of decision Aeronautical experience,’’ to However, another commenter, who making and judgment techniques in the ‘‘Aeronautical experience.’’ Proposed identifies himself as a flight instructor, training cycle may be a valuable tool in § 61.99 included the aeronautical objects to the concept of a recreational reducing accidents. GAMA and NAFI experience requirements for single- pilot certificate. He states that it allows also support the addition of windshear engine airplanes, helicopters, and inadequately trained pilots to fly. training requirements. SSA notes that gyroplanes that are permitted to be FAA Response: The FAA has windshear training has several facets operated by recreational pilots. The modified the final rule to address the including windshears caused by fronts, proposed section also revised the commenters’ concerns regarding the microbursts, and obstructions. SSA minimum amount of solo time required unintended effect in the proposed rule believes that the glider community is for a person to be eligible for a 16262 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations recreational pilot certificate. The based on small islands.’’ The proposed tows and glider rentals that can be proposal established more flexible aeronautical experience requirements specifically documented. training requirements that permitted for a rotorcraft category rating were GAMA and HAI also recommend flight instructors to determine the moved to proposed § 61.99. Proposed adding operating costs to the list of number of hours of training each § 61.100 contained the provisions for expenses that may be shared. GAMA student pilot requires. However, the pilots based on small islands. These contends that individuals currently are minimum number of total hours provisions are currently found in allowed to divide the rental costs of an required to obtain a recreational pilot § 61.99 of the existing rule. aircraft including fuel, oil, airport certificate remained unchanged. No substantive comments were expenditures, and operating costs. Comments: EAA favors the reduction received concerning this section. In its comment, NBAA states that in the minimum hours of solo time for However, the final rule has been proposed § 61.113(c) is too prohibitive recreational pilot certificate applicants. modified to restore detailed provisions and could add costs for the private pilot. Both EAA and NAFI support the greater from the existing rule that were The commenter states that the proposal flexibility given to flight instructors. inadvertently omitted from proposed fails to take into account the potential AOPA does not believe that the § 61.100. added fees that general aviation may reduction in the required number of face in the future. NBAA recommends supervised pilot in command hours Section 61.101 Recreational pilot deleting all the language after the word represents a significant economic privileges and limitations. ‘‘passengers.’’ benefit to general aviation, because the In Notice No. 95–11, the FAA Most of the individual commenters aeronautical experience requirements proposed significant revisions to the who oppose the proposal also point out for a recreational pilot certificate dictate privileges and limitations for that for pilots who rent aircraft it may the need for more than 3 hours of recreational pilots. be difficult to isolate the fuel, oil, and supervised pilot-in-command time. In paragraph (a), the FAA proposed to airport expenses from other expenses. However, AOPA supports the proposal specify the types of operating expenses They state they should be permitted to because it stresses the concept of that a recreational pilot may share with share rental expenses. Another training to a level of proficiency rather a passenger. commenter states that for aircraft that than training based on an arbitrary Proposed paragraph (c) deleted the are not rented, provisions should be number of hours. existing restriction that prevents made for sharing the cost of the ‘‘engine In contrast, GAMA, NATA, and recreational pilots from flying more than reserves’’ (i.e., a pro-rated allotment per NBAA oppose the reduction in the 50 nautical miles from an airport where hour toward engine overhaul cost). A minimum amount of supervised pilot- training was received. The paragraph commenter points out that the in-command time to 3 hours for also explicitly permitted such definition would preclude pilots of recreational pilot applicants. These operations, subject to compliance with gliders from sharing expenses. Another commenters recommend requiring at specific training and endorsement commenter states that there is no reason least 10 hours of supervised pilot-in- requirements. The proposal to eliminate to require that expenses be shared command time. GAMA stresses the the 50-mile restriction is discussed in equally, if either the pilot or a passenger importance of flight time as sole section IV,A. wants to pay a greater share. manipulator of an aircraft to the Proposed paragraph (h) contained a Some commenters also request development of a safe pilot. According revised version of paragraph (f), additional privileges for recreational to GAMA, such time bolsters a student’s maintaining the same basic provisions pilots, subject to appropriate training confidence, helps the student become that are in the existing paragraph, and flight instructor endorsement. One self-reliant, and improves a pilot’s except for changes intended for clarity. of the key additional privileges cited in decision making skills. Comments: Many of the comments the comments—requested by FAA Response: The FAA believes the received on the proposal to codify the approximately 210 commenters—is change in the dual and solo time sharing of expenses are also directed at flight into airspace requiring requirements provides instructors with similar provisions in proposed § 61.113. communications with ATC, such as flexibility in determining the amount of Approximately 130 comments address Class C and Class D airspace. EAA solo and dual training required for each the FAA’s proposal to specify the supports permitting recreational pilots student. This change should not expenses a private pilot may share with to obtain an endorsement to enter Class compromise safety, because the total passengers. Approximately 95 percent D airspace because many areas do not number of hours remains unchanged of the comments oppose the proposal, have nontowered airports within a and should encourage increased training while the remainder either are in favor reasonable distance. Other commenters and help reduce overall costs. It appears or discuss other aspects of the proposal. state that often a pilot’s home base or that some commenters misunderstood AOPA, EAA, NAFI, and NATA needed maintenance facilities are in the proposal, because their concerns comment that pilots should be able to Class D airspace areas, or there may be implied that the total number of hours share operating expenses with safety reasons for communicating with would be reduced, which is not the passengers, such as aircraft rental costs. ATC. They also cite the possibility of case. Therefore, this section is AOPA and NATA state that this is pilots with higher certificates and implemented in the final rule as currently allowed under the regulations. commensurate training exercising the proposed, with the exception of the Although AOPA supports codifying the privileges of recreational pilots. changes noted and minor editorial expenses that can be shared, it believes Commenters also seek to expand changes. the proposed rule represents a recreational pilot privileges to include significant change. According to AOPA, operation of aircraft with more than 180 Section 61.100 Pilots based on small the new rule will likely stifle activity at horsepower and retractable landing gear islands. flight schools and FBOs. SSA also and night flying. EAA states that In Notice No. 95–11, the FAA supports including the cost of aircraft recreational pilots should be able to proposed to change the existing title of rental in the expenses that can be obtain an endorsement for amphibious this section from ‘‘Rotorcraft rating: shared. According to SSA, a glider uses operations because many newly Aeronautical experience’’ to ‘‘Pilots minimal fuel but has direct costs for produced, very light aircraft are Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16263 amphibious. Commenters also Subpart E—Private Pilots language restoring the option for the mentioned demonstration flight for The proposed establishment of Administrator to place an operating prospective aircraft purchasers. separate subparts for student pilot limitation on an applicant’s pilot However, several commenters suggest certificates and recreational pilot certificate, waiving the applicant’s setting the limitation at 2,400 pounds certificates required the regulations English language requirements on gross weight, with 180 horsepower or pertaining to private pilot certificates medical grounds. In addition, the less, which is not ‘‘complex.’’ One and ratings to be moved from subpart D language on medical requirements for commenter asks how the FAA justifies to subpart E. private pilots is deleted from this limiting a four-place aircraft to one section and placed in § 61.23. This topic passenger for recreational pilots. Section 61.102 Applicability. is discussed in the analysis of § 61.23. Others request raising the ceiling of The FAA did not propose any The FAA also made other minor permitted recreational pilot operations, substantive changes for this section, nor editorial and formatting changes to this stating that the limitation of 10,000 feet were any substantive comments section of the final rule. MSL or 2,000 feet AGL, whichever is received. The final rule is adopted as Section 61.105 Aeronautical greater, is too low for mountain areas. proposed. knowledge. Some commenters suggest alternative privileges and limitations not based on Section 61.103 Eligibility The FAA proposed to establish the recreational and private pilot requirements: General. aeronautical knowledge requirements certificates. The FAA proposed to revise this that are applicable to applicants for all FAA Response: The FAA section and include new eligibility private pilot certificates. The FAA also inadvertently omitted ‘‘aircraft rental requirements for private pilot proposed to add aeronautical knowledge fees’’ from the list of expenses that applicants. requirements, including ground training private and recreational pilots may In proposed paragraph (b), the FAA on additional subjects such as share. This is current FAA policy. added a requirement that an applicant windshear avoidance, aeronautical Therefore, § 61.101(a) is appropriately be able to write in the English language. decision making and judgment, and the modified in the final rule. In response In addition, all applicants would have preflight actions found in § 91.103. to those commenters who want been required to meet the English Comments: GAMA and NAFI support additional operating costs shared, only language requirements, eliminating the the inclusion of training on windshear direct operating and rental expenses existing provision under which an avoidance, aeronautical decision may be shared. To avoid a pilot applicant who cannot read, speak, and making, and preflight actions in the receiving compensation for a flight, understand the English language may aeronautical knowledge requirements indirect operating costs, such as receive a certificate with an operating for private pilots. limitation, as deemed necessary by the maintenance expenses, are not AOPA also supports such training; Administrator. permitted to be shared. In response to however, AOPA cannot accept In proposed paragraph (c), the the comment regarding the equal additional training requirements language pertaining to the medical sharing of expenses, the FAA has without a description of what they are requirements for applicants who desired determined that a pilot may not pay less and how they will be implemented. a rating in a glider or balloon was than the pro rata share of operating AOPA also questions the proposed clarified. expenses. The rationale is that if pilots requirement in § 61.105(b)(12) for Proposed paragraph (d) required an pay less, they would not just be sharing training and instruction in planning for applicant to specifically receive an expenses but would actually be flying air traffic delays because such training endorsement from the ground instructor for compensation or hire. The rule has is more appropriate for commercial, or flight instructor who gave the been modified accordingly. instrument, and ATP applicants. applicant training or reviewed the Proposed paragraph (h) is modified applicant’s home study, certifying that FAA Response: The FAA agrees with and a new paragraph (i) is added to the applicant is prepared for the commenters who state that private maintain provisions of the existing rule. knowledge test. pilots are less likely to encounter air The reference to paragraph (d) is Proposed paragraph (h) required an traffic delays, and has modified the removed from paragraph (h). Paragraphs applicant to meet the proposed requirement for training in traffic delay (h) and (i) address only operations at aeronautical experience requirements planning to a more general reference to night or in airspace requiring for the category and class rating sought, possible delays. communication with ATC. The phrase before applying for the practical test. The FAA strongly believes that ‘‘for the purpose of obtaining an Comments: Most of the substantive training in human factors and additional certificate’’ also is added to comments received regarding this aeronautical decision making should be this paragraph to indicate that this section related to paragraph (a), required. Approximately 80 percent of privilege is only available to a especially the possible discriminatory all accidents are related to pilot error, recreational pilot seeking an additional effect of the change in English language and training in human factors, and certificate. proficiency requirements. For a aeronautical decision making and In response to the comments discussion of these comments and the judgment may decrease the number of requesting expansion of the recreational FAA’s response, see section IV,G. Some accidents attributable to pilot error, pilot privileges, the FAA acknowledges commenters objected to proposed because implementation of similar these concerns, but has determined that paragraph (c) regarding the revised training in air carrier operations has these requests for changes to existing language pertaining to the medical decreased accident rates. Regarding regulations are beyond the scope of this requirements for pilots of gliders and AOPA’s concern on the need for rulemaking. balloons, interpreting them as new guidance material on aeronautical Apart from these changes and various requirements. decision making, the FAA points out editorial changes, the final rule is FAA Response: For reasons discussed that AC 60–22, ‘‘Aeronautical Decision adopted as proposed. in section IV,G, the final rule includes Making,’’ contains such guidance. 16264 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 61.107 Flight proficiency. requirements in a multiengine airplane. closely match a student’s needs In this section, the FAA proposed The FAA also proposed revisions to the emphasizes dual instruction over solo separate and revised areas of operation aeronautical experience requirements flight. According to SSA, solo time for the airplane single-engine rating, for private pilots by establishing more reinforces the principle of responsibility airplane multiengine rating, rotorcraft flexible training requirements for that is so important to safe flight and helicopter rating, rotorcraft gyroplane private pilot applicants and integrating provides the student with an rating, glider powered rating, glider the concept of supervised pilot in opportunity to find areas of weakness. command into specific aeronautical SSA comments that two supervised nonpowered rating, lighter-than-air experience requirements. The proposal pilot in command flights, or even 5 airship rating, lighter-than-air balloon decreased the amount of solo time an hours of supervised pilot in command rating, and powered-lift rating. In applicant would be required to possess flight, is inadequate. SSA urges the FAA addition, the proposal specifically prior to obtaining a certificate, added to recognize the importance of required applicants for a glider category additional night-flight training supervised pilot-in-command time. The rating to receive training on launches, requirements, decreased the length of commenter also opposes the flight time approaches, and landings, if applying required cross-country flights, and requirements for a glider rating set forth for a nonpowered class rating; or, increased instrument flight training in § 61.109(b)(2), and states that they are takeoffs, landings, and go-arounds, if requirements. The proposal also ‘‘oppressive.’’ SSA contends that if applying for a powered class rating. established aeronautical experience these requirements are adopted many Comments: NAFI comments that requirements for a powered-lift rating. individuals who are planning to learn to proposed § 61.107 clarifies aircraft The minimum number of total hours fly will not do so because of the category and training requirements. required to obtain a private pilot increased costs. Approximately 30 commenters take certificate remained unchanged. NAFI also supports the reduction in issue with the FAA’s use of the term Comments: Approximately 140 cross-country distance requirements and ‘‘balloonport’’ in the proposed rule. This comments address issues related to the addition of night cross-country term is not addressed in proposed private pilot training requirements training. NAFI, however, disagrees with § 61.1(a), but as one commenter notes, proposed in Notice No. 95–11. the reduction in solo flight time the term is used in proposed §§ 61.107, AOPA comments that, although it requirements. According to the 61.127, and 61.187. Two commenters believes 5 hours of supervised pilot in commenter, applicants with no solo state that the term is known principally command is an excessively low figure, experience should be required to obtain as a commercial name or a proprietary it supports the proposal because it 15 hours of solo time before carrying name for a dealership of one brand of stresses the concept of training to a level passengers. However, NAFI balloon. Commenters ask that another of competency rather than training recommends developing a system to term be defined and used, such as consisting of an arbitrary number of credit solo time in flight vehicles ‘‘other ‘‘launch and landing field’’ or ‘‘launch hours. AOPA also supports the than certificated aircraft,’’ such as and landing site.’’ Commenters note that reduction in the distance requirement ultralights, to satisfy part 61 balloonists use fields, parks, or airports for the solo cross-country flight from requirements. for their operations, and the term used 300 nautical miles to 100 nautical miles. NBAA states that the proposed should not be restrictive as to the takeoff AOPA believes that there is no merit in reduction in supervised pilot-in- or landing location. requiring three takeoffs and three command time is excessive and FAA Response: In response to landings to a full stop at an airport with recommends a minimum of 10 hours. commenter concerns, the term an operating control tower, and that this HAI also expresses concern about the ‘‘balloonport’’ was replaced with the proposed requirement will constitute a reduction in this requirement because it term ‘‘airport’’, and the term ‘‘lift offs’’ burden in cases where a towered airport will result in private pilots with a low was replaced with the term ‘‘launches’’. is not available within a reasonable level of experience. The FAA also is not proposing separate distance. NATA comments that 5 hours of flight proficiency requirements for In its comment, AOPA expresses supervised pilot-in-command time is powered and nonpowered gliders. This concern about § 61.109(a)(2)(v), which insufficient to build a private pilot’s issue is discussed in section IV,F. proposes supervised pilot in command confidence and recommends that at training requirements in multiengine least 15 hours be required. NATA Section 61.109 Aeronautical aircraft for the issuance of a private pilot further states that a single supervised experience. certificate with a multiengine rating. cross-country flight of 100 nautical The FAA consolidated all AOPA states that it is unaware of any miles is inadequate to acquire cross- aeronautical experience requirements insurance company that will insure, or country skills. The commenter for private pilots in proposed § 61.109. an FBO that will allow, a pilot to fly recommends requiring at least three The FAA proposed to change the title of solo in a multiengine aircraft without a cross-country flights, including one this section from ‘‘Airplane rating: multiengine rating. According to AOPA, flight of at least 250 nautical miles with aeronautical experience’’ to if the intent of the provision is to at least one leg of 100 nautical miles. ‘‘Aeronautical experience’’ to reflect the require an applicant to log supervised GAMA opposes the reduction of the consolidation of these requirements. pilot in command flight while the sole minimum supervised pilot-in-command The FAA also proposed separate occupant of the aircraft, this will result time to 5 hours for private pilots. GAMA aeronautical experience requirements in a serious obstacle to multiengine feels that flight time as the sole for each aircraft category and class training. The commenter states that this manipulator of an aircraft’s controls is rating. An applicant seeking a single- proposal is an example of how the critical to the development of a skilled, engine or multiengine airplane rating change of terminology from ‘‘solo’’ and safe pilot. GAMA agrees with the would be required to meet the ‘‘dual’’ to ‘‘training time’’ and proposal of NAFI and NATA to require aeronautical experience requirements in ‘‘supervised pilot in command’’ results at least 15 hours of supervised pilot-in- a single-engine airplane, and an in confusion. command time. GAMA states that, applicant for a private pilot multiengine SSA believes that the proposal to while a minimum number of supervised rating would be required to meet these allow tailoring of instruction to more pilot in command cross-country hours is Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16265 not necessary, the number of required increased if this proposal were adopted. hours required for each certificate, flights should be revised to ensure GAMA states that the requirement provides instructors with flexibility in proper training and the fostering of skill would provide an important educational determining the amount of dual and and experience. GAMA recommends experience by exposing the pilot to a solo training required for each student. that the rule require a minimum of three much broader flight environment under The FAA has decided not to adopt the cross-country flights including two a supervised situation. concept of supervised pilot in command flights with a landing point more than AOPA generally supports placing as set forth in Notice No. 95–11, and has 50 nautical miles from the original greater emphasis on night training for therefore replaced references to departure point, and one flight of at private pilot applicants and states that ‘‘supervised pilot in command’’ time least 300 nautical miles, with landings the proposed night cross-country flight with ‘‘solo’’ time. at a minimum of three points, one of training requirement will increase The proposal does not compromise which should be at least 100 nautical safety. The commenter, however, safety because the total number of hours miles from the original departure point. requests clarification concerning the required for the issuance of a private GAMA states that because a term ‘‘duration’’ and asks whether the pilot certificate remains unchanged. The disproportionate number of accidents cross-country flight is intended to be rule should encourage increased involving private pilots occur at night, 100 miles total (50 miles out and 50 training and help reduce overall costs. requiring a dual, night cross-country miles return) or if the flight is to be 100 It appears that some commenters flight would add to the margin of safety. miles from the point of departure (200 misunderstood the proposal, because HAI points out that meeting the cross- miles total). AOPA supports a 100-mile their concerns implied that the total country flight requirement for round trip because the longer flight number of hours would be reduced, helicopters does not require a flight of would be difficult to achieve in the which is not the case. The FAA has, 50 miles between takeoff and landing summer months. The commenter would however, increased solo flight time points, and that the cross-country oppose the proposal if it required a requirements and solo cross-country definition in proposed § 61.1a(e), which flight of 200 miles total distance. flight distance requirements in the final specifies 50 miles, is not consistent with Some commenters suggest raising the rule in order to meet the minimum this provision. minimum flight hour requirements for requirements under Annex 1 to the Some individual commenters also the private certificate with a balloon Convention on International Civil disagree with changes to the proposed rating. One commenter suggests that 15 Aviation. supervised pilot in command cross- hours rather than 10 hours should be The FAA believes that night cross- country requirement, advocating required because much time is spent country training should be required for retention of the existing requirement for reviewing and relearning, apparently private pilot applicants because a 10 hours of cross-country time which due to weather-caused interruptions in private pilot may later be placed in includes at least one long cross-country training. Two commenters state that the circumstances where the pilot may flight. Some commenters state that the requirements of proposed inadvertently fly at night, without proposed supervised pilot in command § 61.109(d)(2)(i) for two flights within appropriate night training. This issue experience hour requirement is too low. 60 days of application for a private was identified as an area of concern in One commenter suggests that the balloon rating are excessive, because of the FAA’s Job Task Analysis. Increased requirement for one 100-nautical-mile the nature of balloon operations and night flight training will reduce the cross-country flight could be impractical scheduling difficulties. issuance of certificates with a night in certain areas during certain times of NAFI opposes the new requirements flying limitation, as well the associated the year. The commenter agrees with the under § 61.109(c) for airship instrument administrative costs to the FAA in proposal for 3 hours of instrument training because some ‘‘hot air blimps’’ reissuing such certificates when the training for private pilot applicants. currently are being built as ultralight limitation is removed. In response to Another commenter opposes the and experimental aircraft, and these AOPA’s request, the FAA has clarified proposed requirement in § 61.109 for 3 aircraft do not have sufficient electrical the cross-country requirements in this hours of instrument dual instruction in power for IFR instrumentation. NAFI section by replacing the word an airplane for private pilot training. states that the proposal would ‘‘duration’’ with the term ‘‘total Individual commenters take issue effectively eliminate all private pilot distance.’’ with the night flight proposals; some training for ‘‘hot air blimps,’’ and pilots Regarding the proposal for required state that night flight in a single-engine would be forced to operate the aircraft solo flight in multiengine aircraft for airplane is too hazardous. At least one as ultralights, possibly without the pilots seeking that rating, the FAA is commenter believes that the night cross- benefit of training from a certificated convinced by the commenters’ country flight training requirement flight instructor. NAFI comments that arguments and has modified the final proposed under § 61.109(a)(1) would this would not advance safety. One rule to require that an applicant not require that a flight instructor be on individual commenter also states that accomplish solo flight in an airplane. board, and suggests that a flight the instrument training proposed for This would allow an applicant for a instructor be required. Another opposes private pilot certification under multiengine rating to accomplish solo the night cross-country requirement for § 61.109(c) should not be required flight time requirements in a single- single-engine airplanes completely, because many airships are not equipped engine airplane. The FAA believes that while another advocates reducing the for instrument flight. a similar problem to that presented by requirement from 100 nautical miles to NAFI opposes the new night flight the commenters could arise for 50 nautical miles. requirements of proposed § 61.109(c) for powered-lifts, and has made a similar GAMA, NAFI, and NATA support the airship training. NAFI states that these modification to the regulations proposed night cross-country aircraft do not have sufficient electrical applicable to those aircraft requiring requirements and state that safety will power for navigation lights, in some that solo flight time be accomplished in be enhanced by the adoption. NATA cases. an airplane or powered-lift. The FAA also approves of the proposed night FAA Response: The FAA believes the recognizes HAI’s concern regarding an takeoff and landing requirements and change in the composition of dual and inconsistency with the definition of states that student confidence would be solo time, within the total number of ‘‘cross-country,’’ and has revised the 16266 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations cross-country requirements for rotorcraft required to comply with the night-flying section. No substantive comments were accordingly. requirements for the private certificate received. The final rule has been Currently the FAA requires training within the 12-calendar-month period modified to restore detailed provisions within 60 days of application for a after issuance of the certificate. If that from the existing rule that were practical test in a balloon. The FAA, in person did not comply with the inadvertently omitted in the proposed order to clarify what is meant by requirements within that period, the rule. ‘‘training,’’ is requiring a minimum of certificate would be suspended until the Section 61.113 Private pilot privileges two flights within 60 days of person complied the requirements. application. The FAA considers this Paragraph (b)(3) was proposed to and limitations: Pilot in command. requirement reasonable to ensure proper explain the night flying experience, In Notice No. 95–11, the FAA preparation for the practical test. endorsement, and practical test portion proposed to include the provisions of The FAA disagrees with NAFI requirements of § 61.109 that must be existing § 61.118 in proposed § 61.113. regarding night flight requirements for met in order to have the ‘‘night flying The revised aeronautical experience airships, and finds that the majority of prohibited’’ limitation removed. requirements for a rotorcraft category airships do have sufficient electrical Comments: AOPA states that, while it rating found in existing § 61.113 were power to operate at night. The FAA supports the added flexibility of the included in proposed § 61.109. believes that night flight training should night flying exception rule, it opposes Proposed paragraph (c) specified the be required for airships as these aircraft the language of § 61.110(b)(2) that flight operating expenses that a private currently operate at night in the NAS. would suspend the airman’s certificate pilot may share with passengers. A more Therefore, the FAA will require night if the pilot does not complete the night detailed discussion of this proposal, training in airships. training requirements within 12 including comments and FAA response, To address commenters’ arguments calendar months. AOPA states that the is addressed with regard to the similar against required instrument training in FAA certificates numerous pilots each proposed change to § 61.101(a). airships that may not be equipped for year with permanent night flight Proposed paragraph (d) modified the instrument flight, the FAA has modified restrictions, and there is no reason why requirements for participation in an the requirements to state only that Alaskan airmen should be singled out airlift sponsored by a charitable instrument training is required, without for suspension of their certificates organization. referring specifically to airships. simply because they fail to remove their In proposed paragraph (e), private The FAA also has modified the night flight restrictions. pilots were permitted to receive proposed requirements for the issuance FAA Response: The FAA points out reimbursement for expenses incurred of a glider rating to be consistent with that a change in the proposed and final while performing search and location the decision not to establish separate rules to § 61.109 will disqualify all operations for law enforcement agencies class ratings for powered and applicants from being issued certificates or other organizations that conduct nonpowered gliders. Additionally, the without meeting night flying these operations. FAA has included provisions as set requirements, unless they qualify for an Proposed paragraph (f) permitted a forth in Amendment No. 61–100, which exception under § 61.110. Therefore, the private pilot who met the requirements permit credit to be given for the use of 12-month limit of § 61.110 does not of proposed § 61.69 to act as pilot in an approved flight simulator or discriminate against Alaskan airmen, command when towing gliders. approved flight training device. but rather allows them a special Proposed § 61.113 eliminates specific privilege. In the final rule, the 12-month provisions permitting a salesman who Section 61.110 Night flying exceptions limitation remains, but the FAA has has logged at least 200 hours to for private pilot certification. deleted language referring to the demonstrate an aircraft in flight to a The FAA proposed to establish the issuance of a 12-month temporary prospective buyer. night flying exceptions for private pilot certificate, because existing FAA Comments: The commenter’s certification in § 61.110. temporary certificates are valid for 120 opposition to the proposed paragraph In proposed paragraph (a), an days. The FAA has also added a (c) definition of operating expenses that applicant with a medical restriction provision that a person seeking to obtain may be shared is discussed in the prohibiting the operation of an aircraft this exception must both receive the analysis of the proposed provision of at night would not be required to meet flight training for the certificate and § 61.101(a). the night flight training requirements reside in the State of Alaska. With respect to proposed paragraph and would be issued a certificate with By deleting the exception for pilots (e), the National Headquarters for the a limitation prohibiting night flying. who have night flying restrictions due to Civil Air Patrol (CAP) states that the It was proposed in paragraph (b) to medical conditions, these pilots will proposed rule fails to include permit an applicant who accomplishes now be required to have 3 hours of night maintenance expenses as reimbursable flight training in Alaska to have 12 flight training. However, the certificates for pilots flying humanitarian-type months after the issuance of the of such pilots will be issued with an missions, and that the rule incorrectly applicant’s temporary airman certificate operating limitation prohibiting night assumes that such activity is always to comply with the night flight training flying. The FAA has determined that under the direction of law enforcement requirements. Alaska is unique in that 6 safety will be enhanced because this agencies. The commenter states that, months out of the year there is limited requirement will reduce the likelihood depending on the definition of ‘‘airport nighttime. However, under proposed of pilots later being placed in expenditures,’’ the omission of paragraph (b)(2), an applicant who circumstances where they may be maintenance costs in the definition receives flight training in Alaska and is required to engage in flight at night might require the CAP to continue to unable to accomplish the night flying without appropriate night training. operate under an exemption in order to training required by proposed § 61.109 maintain current privileges. The would be issued a temporary pilot Section 61.111 Cross-country flights: commenter also requests that the rule be certificate for only 12 calendar months, Pilots based on small islands. modified to account for the agencies, with a limitation ‘‘night flying In Notice No. 95–11, the FAA only other than law enforcement, for which prohibited.’’ That person would be proposed minor editorial changes to this the CAP often flies missions. These Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16267 include the FAA, FEMA, the Red Cross, are identical to the exemption’s Section 61.121 Applicability. and State and local Emergency conditions and limitations, the FAA has The FAA did not propose any Management Agencies. AOPA supports codified those conditions and substantive changes for this section, nor adding search and rescue operations to limitations in this final rule. were any substantive comments After further review, the FAA has the list of operations for which private received. The FAA has adopted this decided to reinstate the provision pilots may receive reimbursement. In section as proposed. contrast, HAI objects to the search and allowing a private pilot who is an rescue provisions in proposed aircraft salesman and who has at least Section 61.123 Eligibility § 61.113(e). HAI contends that this 200 hours of logged flight time to requirements: General. proposal will only encourage the demonstrate an aircraft in flight to a In Notice No. 95–11, the FAA proliferation of this kind of activity. The prospective buyer. The FAA has proposed to revise this section and commenter believes that these kinds of concluded that these operations would include new eligibility requirements for operations are best dealt with through not be ‘‘incidental to business,’’ and commercial pilot applicants. the exemption process. therefore is reinstating this provision In proposed paragraph (b), the FAA SSA approves of proposed § 61.113(f) into the final rule. added a requirement that an applicant permitting private pilots who meet the be able to write in the English language. requirements of § 61.69 to act as pilot in Section 61.115 Balloon rating: In addition, applicants would have been command of an aircraft towing a glider. Limitations. required to meet the English language SSA points out that the explanation on Proposed § 61.115 includes the requirements, eliminating the existing page 41207 of the Notice No. 95–11 provisions of existing § 61.119. Also, the provision under which an applicant indicates that the pilot will be able to provisions of existing § 61.115 were who cannot read, speak, and understand log this time. SSA suggests that included in proposed § 61.109. the English language may receive a § 61.113(f) be modified to this effect. The proposed changes to this section FAA Response: In response to were the classification of balloons as certificate with an operating limitation, objections to the language of proposed either ‘‘gas balloons’’ or ‘‘balloons with as deemed necessary by the § 61.101(a) as well as § 61.113(c), the airborne heaters,’’ and the deletion of Administrator. FAA has decided to add ‘‘rental fees’’ to references to the terms ‘‘hot air balloon In proposed paragraph (c), the FAA this list of allowable shared expenses in without airborne heater’’ and ‘‘free proposed that an applicant only hold a both those sections, as discussed in the balloon.’’ The proposed rule also third-class medical certificate at the analysis for § 61.101(a). This language is incorporated the existing operating time of the practical test. However, as in therefore added to § 61.113(e) in the limitations for a private pilot who the existing rule, a commercial pilot was final rule. The CAP’s concerns regarding performs his or her practical test in a gas still required to hold a second-class types of agencies that conduct search balloon as opposed to those who medical certificate for operations and location missions were noted, and perform the test in a balloon with an requiring a commercial pilot certificate. the term ‘‘law enforcement’’ has airborne heater. The language of the Also in the proposed paragraph, the therefore been deleted from paragraph operating limitations specified in this existing medical requirements for (e)(1) in the final rule. section clarified that a person requesting applicants who desired a rating in a In response to CAP’s comments removal of the current operating glider or a balloon were revised. regarding the omission of any limitations from his or her certificate The FAA proposed in paragraph (d) to provisions permitting a private pilot to would be required to obtain the required require an applicant to specifically be reimbursed for maintenance costs, aeronautical experience in the specific receive an endorsement from the ground the proposed rule did not specifically type of balloon and receive a logbook or flight instructor who gave the provide for reimbursement of endorsement from an instructor who applicant training or reviewed the maintenance costs, and neither does the attests to the person’s accomplishment applicant’s home-study course, stating final rule. Any reimbursement for of the required aeronautical experience that the applicant is prepared for the compensation of maintenance costs will and ability to satisfactorily operate that knowledge test. be handled on a case-by-case basis balloon. Proposed paragraph (i) required an through the exemption process. In No substantive comments were applicant to hold a private pilot addition, CAP commented that the rule received, and the FAA has incorporated certificate, before applying for a be modified to account for agencies this section into the final rule with only commercial pilot certificate. other than law enforcement agencies for minor editorial changes. Comments: AOPA objects to the which it operates. In Notice No. 95–11, proposal in § 61.123(i) to require the FAA proposed to allow pilots under Section 61.117 Private pilot privileges commercial pilot applicants to hold a the direction and control of an and limitations: Second in command of private pilot certificate as a prerequisite ‘‘organization that conducts search and aircraft requiring more than one pilot. for taking the commercial pilot practical location operations’’ to be reimbursed. Proposed § 61.117 includes the examination for all classes and The FAA has determined that this provisions of existing § 61.120. No categories of aircraft. AOPA believes addresses CAP’s concerns and is substantive comments were received, that the requirements for the adopting the final rule as proposed. and the FAA has adopted this section as commercial certificate stand alone as In response to HAI’s comment that proposed. adequate preparation for any applicant search and location operations should for the commercial certificate regardless remain under the exemption process, Subpart F—Commercial Pilots of whether or not they have ever held since the early 1980’s the FAA has The proposal to establish separate another certificate. NAFI supports the permitted private pilots to perform subparts for student pilot certificates proposed requirement for commercial search and location operations, and has and recreational pilot certificates applicants to possess a private pilot continually reissued those exemptions required the regulations for commercial certificate. According to the commenter, without any known problems. Provided pilot certificates and ratings to be the time and experience acquired in that pilots comply with the relocated from subpart E in the existing preparation for the private is necessary requirements in this final rule, which rule to subpart F in the proposed rule. for pilots to learn their personal 16268 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations limitations. An individual commenter omitted and should be included in changes, the final rule is adopted as states that an instrument rating should § 61.125(b)(5). AOPA favors the concept proposed. be listed in the commercial pilot of teaching aeronautical decision Section 61.129 Aeronautical applicant eligibility requirements of making and judgment as part of experience. § 61.123. commercial pilot training, but it cannot FAA Response: For reasons discussed accept the proposed requirement In Notice No. 95–11, the FAA in section IV,G, the final rule inserts without a definition of what must be proposed to consolidate all aeronautical language restoring the option for the taught and to what standards. AOPA experience requirements for commercial Administrator to place an operating encourages the FAA to elaborate on the pilots in § 61.129. The FAA therefore limitation on an applicant’s pilot specific nature of this training in the proposed to change the title of the certificate, waiving the applicant’s preamble to the final rule. existing § 61.129 to ‘‘Aeronautical English language requirements based on FAA Response: In response to experience.’’ Within proposed § 61.129, medical reasons. As discussed in the GAMA’s concern regarding the the FAA organized these requirements analysis of § 61.23, the rule has placed exclusion of training in wake turbulence by category and class of aircraft. all medical requirements into that recognition and avoidance, the FAA Proposed paragraphs (a) through (g) section. notes that this training is required to be listed revised and separate aeronautical In response to AOPA’s comment, the provided to all private pilots as experience requirements for the airplane existing rule requires that persons specified in § 61.105(b)(7). The rule also single-engine rating, airplane seeking a commercial certificate in requires that all applicants for a multiengine rating, rotorcraft helicopter airplanes must either hold a private commercial pilot certificate possess a rating, rotorcraft gyroplane rating, glider pilot certificate or meet the private pilot certificate, thereby powered rating, glider nonpowered requirements for holding a private pilot ensuring that such training has been rating, lighter-than-air airship rating, certificate. A commercial pilot applicant received. Regarding AOPA’s concern on lighter-than-air balloon rating, and is therefore required to have completed the need for guidance material regarding powered-lift rating. the ground and flight training for a aeronautical decision making, the FAA The FAA proposed specific revisions private pilot certificate, and have passed points out that AC 60-22, ‘‘Aeronautical to the aeronautical experience the required knowledge and practical Decision Making,’’ contains such requirements for commercial pilots by tests before making an application for a guidance. establishing more flexible training commercial pilot certificate. Private requirements for commercial pilot pilot applicants are tested on a number Section 61.127 Flight proficiency. applicants and by integrating the of tasks that commercial pilot applicants In Notice No. 95–11, the FAA concept of supervised pilot in command are not tested on. The FAA wants to separated and revised areas of operation into the proposed aeronautical ensure that all commercial pilots the airplane single-engine rating, experience requirements. The proposal possess the aeronautical knowledge and airplane multiengine rating, rotorcraft decreased the amount of dual flight proficiency that must be mastered helicopter rating, rotorcraft gyroplane instruction time an applicant would be by all private pilots. The FAA has rating, glider nonpowered rating, glider required to possess prior to obtaining a determined that the requirement will category powered rating, lighter-than-air certificate. not be an additional regulatory burden airship rating, lighter-than-air balloon The proposal also established or economic burden because experience rating, and powered-lift rating. aeronautical experience requirements has shown that nearly all persons The proposal specifically required an for a powered-lift rating. The minimum seeking commercial pilot certificates applicant for a glider category rating to number of total hours required to obtain already possess at least a private pilot receive training on launches, a commercial pilot certificate remained certificate. In the final rule, other minor approaches, and landings if applying for unchanged. editorial and formatting changes to the a nonpowered class rating, in proposed Within the category-and class-specific proposed rule were also made. Except paragraph (g); and takeoffs, landings, paragraphs, where applicable, the FAA for these changes, the final rule is and go-arounds if applying for a revised the existing solo requirements, adopted as proposed. powered class rating, in proposed dual training time requirements, dual paragraph (h). No substantive comments cross-country requirements, night flight Section 61.125 Aeronautical in opposition to this proposal were requirements, and instrument training knowledge. received. time requirements, specifying that these The FAA proposed to establish FAA Response: In the final rule, the requirements actually should be aeronautical knowledge requirements proposed ‘‘ground reference performed in the appropriate category that are applicable to applicants for all maneuvers’’ were deleted from the areas and class of aircraft. Also, two new dual commercial pilot certificates. of operation for the gyroplane rating, cross-country requirements were added: In proposed paragraph (b), the FAA because it is not a task that is required one for day VFR and one for night VFR modified the aeronautical knowledge to be tested in gyroplanes and was flight. For airplanes, the FAA specified requirements to include training on inadvertently included in the proposal. that the complex airplane requirements additional subjects such as windshear As a result of the FAA’s decision not to must be class-specific, although a avoidance, and aeronautical decision adopt flight instructor certificates for the provision was added permitting the use making and judgment. lighter-than-air category, as discussed in of a turbine-powered airplane in lieu of Comments: GAMA supports the section IV, C, the areas of operation an airplane that has retractable landing addition of windshear recognition and associated with flight instruction have gear, flaps, and a controllable pitch avoidance, aeronautical decision been added to the required areas of propeller. making, and night and high-altitude operation for airship and balloon Comments: GAMA supports requiring operations to the commercial pilot ratings. The FAA also is not adopting applicants for commercial pilot aeronautical knowledge requirements. separate flight proficiency requirements certificates to have training and GAMA believes that the statement for powered and nonpowered gliders. demonstrate proficiency in the same ‘‘including recognition and avoidance of This issue is discussed in section IV,F. category and class of aircraft for which wake turbulence’’ was unintentionally Apart from these and minor editing a rating is sought. According to GAMA, Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16269 pilots who want to exercise commercial instructors who can provide the the option of obtaining a commercial privileges in these types of aircraft will required instrument training. The pilot certificate without an instrument need to undergo this training, so any commenter states that most helicopter rating was being eliminated. additional cost is minimal and the instructors are not instrument FAA Response: The FAA has retained margin of safety would be improved. instructors or even instrument rated, the requirements for class-specific NATA opposes the requirement in and, therefore, a transition period will training, however the final rule is proposed § 61.129 (a)(3)(ii) and (b)(3)(ii) be necessary to train instructors to give revised to permit certain requirements that 10 hours of complex training be this instruction. In addition, HAI such as the solo flight requirements for class specific in a single-engine airplane recommends deleting the instrument the multiengine airplane rating, to be and/or a multiengine airplane. NATA training requirement for gyroplanes in met in any class of aircraft within an believes that due to the high cost of proposed § 61.129(d)(3)(1) on the aircraft category. In response to HAI’s training in complex aircraft, the class- grounds that there are no instrument- comment regarding the performance of specific requirement greatly increases equipped gyroplanes at this time. emergency maneuvers without an the financial burden on students AOPA also references HAI’s instructor on board the aircraft, the FAA without additional training benefits. comments regarding rotorcraft notes that other training maneuvers The commenter specifically states that commercial pilot certification, and such as stalls and slow flight, that are the prior option available to students of expresses similar concerns with respect routinely performed in solo flight by using multiengine time to satisfy single- to the instrument requirements for the pilot applicants may, when improperly engine complex time requirements, commercial airship rating. AOPA performed, result in situations that would be eliminated without reiterates concerns similar to those adversely affect the safety of a flight. justification. The commenter contends raised in its comments regarding the The FAA contends that these maneuvers that neither aircraft training time nor requirements for supervised pilot in when properly performed pose no cross-country time requirements should command training for private pilots adverse risk to the safety of the flight. be class specific. with multiengine ratings. Flight instructors should ensure that In its comment, HAI objects to the Many individual commenters echoed emergency maneuvers, like other requirements in proposed § 61.129(a)(4), AOPA’s concerns regarding supervised maneuvers, only be performed in solo (b)(4), and (c)(4) for supervised pilot in pilot in command training for pilots flight after an instructor determines that command on the approved areas of seeking multiengine ratings. These such maneuvers may be safely operation listed in § 61.127. The commenters express concerns regarding performed by the applicant, and under commenter contends that the proposal the safety and ability to obtain any restrictions that may be established would require the performance of insurance coverage for such flights. One by the instructor to ensure the safety of emergency maneuvers that should not commenter states that the proposal the flight. be performed without an instructor. HAI contains requirements for training that The FAA acknowledges AOPA’s also questions the 5 hours of night are not appropriate to the category and argument that solo time in multiengine supervised pilot in command required class of aircraft specified. Some airplanes may be impractical due to in proposed § 61.129(a)(4)(iii), (b)(4)(iii), individual commenters also state that liability and insurance concerns, and is and (c)(4)(ii). The commenter questions the instrument training in proposed therefore replacing the term ‘‘supervised whether it is wise to have private or § 61.129(c)(3)(i) should not be required pilot in command flying’’ with ‘‘flight nonrated pilots flying at night without because many helicopters are not time performing the duties of pilot in an instructor. With regard to the equipped for instrument flight. For command with an authorized commercial helicopter rating, HAI example, a commenter notes that instructor’’ for multiengine airplanes. recommends removing proposed proposed § 61.129(d)(3) would require 5 The FAA has therefore deleted any §§ 61.129(c)(3)(iii) and 61.129(c)(4)(ii), hours of instrument training for the requirement for solo flight time in a and combining these sections into a new gyroplane rating, and a 2-hour cross- multiengine aircraft. paragraph (5) that would require 5 hours country flight. But the commenter states In response to the concerns of HAI of flight time in night VFR conditions, that there are no gyroplanes equipped and others regarding the hazards of which would include: one cross-country for IFR flight, and there are no increased night training, the FAA flight in a helicopter of at least 2-hours gyroplane instrument ratings or reiterates its view that safety will be duration and a total straight line instrument instructors. The commenter enhanced because it increased night distance of more than 50 nautical miles states that the only two certified training requirements, which will from the original point of departure; and gyroplanes used for training, the reduce the likelihood of pilots later 10 solo takeoffs and landings, each McCullock J2 and Air & Space 18A, are being placed in circumstances where involving an en route phase of flight. not capable of a 2-hour flight with they may be required to engage in flight Most helicopters are not equipped for reserves. The individual commenter at night without appropriate experience. instrument flight, and HAI contends also takes issue with the proposed The FAA concurs with the comments that its recommended change will requirement under § 61.129(d)(3) for 20 of HAI and others that instrument prevent the safety hazard of low-time hours of training in the areas of training may be impractical in helicopter pilots and students flying operation under § 61.127(e), stating helicopters and gyroplanes and has helicopters away from an airport at there is no reason to increase the accordingly removed category and class- night without an instructor on board the required training hours, especially given specific references to the instrument aircraft. that private pilot requirements would be training requirements in § 61.129 for HAI also addresses the proposed reduced. helicopters and gyroplanes. Similarly, instrument training requirements for SSA opposes proposed § 61.129(f) and in response to AOPA and other helicopters in § 61.129(c)(3)(i). The suggests different requirements for a commenters, the FAA has modified the commenter states that, while the need commercial certificate with a glider instrument requirements for airships. for instrument training in a helicopter is rating. Upon reviewing SSA’s comments, and necessary, the availability of helicopter Several individual commenters as a result of the FAA’s decision not to CFIs is very limited. HAI therefore opposed proposed § 61.129(a) adopt the proposed separation of the suggests expanding the types of flight requirements because they believed that glider category into powered and 16270 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations nonpowered classes in the final rule, as restriction prohibiting the operation of on cross-country flights of more than 50 discussed in section IV,F, the an aircraft at night would not have been nautical miles or at night. The same requirements for gliders are clarified required to meet the night flight training limitation was proposed for commercial and consolidated under one paragraph. requirements and be issued a certificate pilots with a powered-lift category The FAA has also included provisions with a limitation prohibiting night rating, without an instrument powered- set forth in Amendment No. 61–100, flying. In addition, an applicant who lift rating; and a lighter-than-air category which permit credit to be given for the accomplished flight training in Alaska and airship class rating, without an use of an approved flight simulator or would have had 12 months after the instrument airship rating. The FAA also approved flight training device. The issuance of a temporary airman proposed to revise the language ‘‘hot air FAA notes that Amendment No. 61–100 certificate to comply with the night balloon with airborne heaters’’ in inadvertently omitted the requirement flight training requirements. existing § 61.139, to ‘‘gas balloons’’ and for an applicant for a commercial pilot The provisions of prior § 61.131 ‘‘balloons with airborne heaters.’’ The certificate with an airplane rating to log ‘‘Rotorcraft ratings: Aeronautical proposal also revised the language for at least 100 hours of flight time in experience’’ were moved to § 61.129. the operating limitations that restrict the powered aircraft, at least 50 hours of Comments: AOPA is concerned about pilot privileges to the type of balloon in which must be in airplanes. This the special provisions regarding Alaskan which the person accomplishes the requirement has been reinstated in this airmen who hold temporary certificates practical test. final rule. with the limitation ‘‘night flying The FAA also eliminated from In addition, the FAA has added prohibited.’’ AOPA opposes the § 61.133(c) the privilege in existing language to the existing solo cross- wording of § 61.131(b)(2), which would § 61.139 for commercial pilots with a country requirements to ensure pilots suspend an airman’s certificate if the lighter-than-air category and associated meet minimum standards specified pilot does not complete the night class rating to give training in an airship under Annex 1 to the Convention on training requirements within 12 or free balloon, because of the proposed International Civil Aviation. The calendar months. AOPA states that the flight instructor certificate for the additional language requires that an FAA certificates numerous pilots each lighter-than-air category. applicant for a commercial pilot year with permanent night flight Comments: AOPA supports the certificate complete a solo cross-country restrictions, and there is no reason why clarification of the language in this flight of a total of not less than 300 Alaskan airmen should be singled out paragraph. nautical miles. The existing rule states for suspension of their certificates FAA response: Paragraph (a) is that a cross-country flight must have simply because they fail to remove their adopted as proposed with a minor landings at a minimum of three points, night flight restrictions. editorial change. As discussed in FAA Response: AOPA’s objection is one of which is at least a straight line section IV,D, the FAA has withdrawn noted and addressed in the FAA’s distance of 250 nautical miles from the the proposal for an instrument airship response to AOPA’s comment in original point of departure. All rating and, consequently, the language § 61.110. As in that section, the FAA has commercial pilot applicants with a relating to this rating was withdrawn eliminated the reference to a 12-month private pilot certificate currently meet from paragraph (b). As discussed in temporary certificate from § 61.131 in the total 300-nautical-mile requirement; section IV,C, the FAA has decided to the final rule, because current FAA however, private pilots certificated after withdraw the proposed flight instructor the effective date of this rule will not, temporary certificates are valid for 120 certificate and allow, in paragraph (c), due to the decrease in the solo cross- days. In addition, by deleting the commercial pilots with a lighter-than-air country flight requirements for private exception for pilots who have night category and associated class rating to pilots set forth in this rule. The FAA flying restrictions due to medical give training in an airship or free wants to ensure that the requirements conditions, these pilots will now be balloon. Except for the changes under Annex 1 to the Convention on required to have 3 hours of night flight previously discussed, as well as format International Civil Aviation are training. However, the certificates of and editorial changes, this section is specifically met, to facilitate the such pilots will be issued with an being adopted as proposed. acceptance of U.S. pilot certificates operating limitation prohibiting night internationally. flying. The FAA has determined that Subpart G—Airline Transport Pilots Additionally, because the FAA has safety will be enhanced because this Section 61.151 Applicability withdrawn the proposal to establish a requirement will reduce the likelihood separate airship instrument rating, the of pilots later being placed in In Notice No. 95–11, the FAA FAA is reinstating the instrument circumstances where they may be proposed to establish a section in aeronautical experience requirements required to engage in flight at night subpart G specifying the applicability of found in existing § 61.135(c) into without appropriate night training. the subpart. No substantive comments paragraph (g)(3) of the final rule. An were received on this section, and it is Section 61.133 Commercial pilot applicant seeking a commercial pilot adopted as proposed. privileges and limitations: General. certificate with an airship rating must The FAA proposed to clarify the Section 61.153 Eligibility have 40 hours of instrument time, of requirements: General which at least 20 hours must be in privileges for persons who hold a flight, with 10 hours of that flight time commercial pilot certificate with respect In § 61.153, the FAA proposed that an in airships. to the exercise of certificate privileges applicant for any ATP certificate hold a for compensation or hire issue. In commercial pilot certificate with an Section 61.131 Exceptions to the Notice No. 95–11, the FAA proposed to instrument rating that is appropriate to night-flying requirements for the add the limitation that was in existing the category and class of aircraft for the commercial pilot certificate. § 61.129 to proposed § 61.133(b), which rating sought. The FAA also proposed to Proposed § 61.131 deleted the prohibits commercial pilots with an delete the current provision that allows exception for applicants who are not airplane category rating, but without an an applicant to be concurrently enrolled seeking night flying privileges. instrument airplane rating, from in an instrument rating course upon However, an applicant with a medical carrying passengers for hire in airplanes application for the certificate. The Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16271 minimum age requirement of 23 years to go through the paperwork to obtain a held an ATP certificate with the take the practical test, but not to take the commercial certificate with an appropriate category rating. knowledge test, was retained. The FAA instrument rating if at the end of ATP Comments: GAMA supports the also proposed to permit an applicant for training the applicants will have inclusion of windshear and microburst an ATP certificate to hold only a third- exceeded those requirements. HAI awareness, identification and class medical certificate, while the first- proposes that the rule only require an avoidance, flight crewmember class medical certificate would continue applicant to ‘‘meet’’ these requirements physiological factors, aeronautical to be required to exercise the privileges instead of ‘‘holding’’ the commercial decision making, and flight deck of the certificate. In addition, the certificate and instrument rating. resource management in the proposal eliminated the existing Some individual commenters also aeronautical knowledge requirements requirement for an applicant to be able objected to the elimination of the high for ATP applicants. GAMA believes that to ‘‘speak [the English language] without school diploma requirement for an ATP the statement ‘‘including recognition accent or impediment of speech that applicant. Another commenter endorses and avoidance of wake turbulence’’ was would interfere with two-way radio the proposed changes under § 61.153. unintentionally omitted and should be conversation.’’ However, applicants FAA Response: In response to included in § 61.155. were required in the proposed rule to comments regarding the proposed AOPA cannot support the proposed read, speak, write, and understand the English language requirements the requirement for aeronautical decision English language to be eligible to apply provisions regarding English language making and judgment training until for the ATP certificate. The proposal proficiency have been standardized such time as the material and standards eliminated the requirement that an throughout part 61, as discussed in for this training are disclosed. AOPA applicant be a ‘‘high school graduate or section IV,G. The stated requirement for believes that consideration should have its equivalent in the Administrator’s an applicant for an ATP certificate to been given to training in air traffic opinion, based on the applicant’s possess only a third-class medical delays because ATPs are the pilots most general experience and aeronautical certificate has also been placed in likely to need this type of training. experience, knowledge, and skill.’’ In § 61.23 as have similar requirements for Approximately 40 comments address keeping with procedures for other other pilot certificates. A first class the general issue of requiring training in knowledge tests, proposed § 61.153 medical certificate however is still human factors, with more than half in permitted applicants to take the ATP required to exercise the privileges of the opposition. One individual commenter knowledge test before obtaining the ATP certificate. The FAA also contends calls the proposal ‘‘needless;’’ another aeronautical experience necessary for that all ATP applicants should possess states that while such training is the issuance of an ATP certificate. The the knowledge, skill, and experience worthwhile, it is not a regulatory issue. proposed rule also included required of a holder of a commercial ALPA, AsMA, and SSA support human requirements found in existing § 61.155 pilot certificate with an instrument factors training for all levels of pilot for applicants who are military pilots, rating. This level of initial proficiency certification. ALPA recommends adding and applicants who hold a pilot license in an ATP applicant can only be ‘‘pilot fatigue,’’ including both its causes issued by a member State of ICAO. ensured by requiring an applicant to and impact on operations, to the Comments: ALPA and NATA oppose meet the objective evaluation criteria for training curriculum. ALPA states that the deletion of the requirement for ATP the issuance of the commercial pilot the FAA should provide pilots and certificate applicants to have at least a certificate with an instrument rating. instructors with specific guidance and high school diploma. NATA states that Regarding ALPA’s and NATA’s references for study. SSA notes that the current requirement is necessary for comments on the elimination in this crew resource management applies even full comprehension of aircraft section of the requirement for a high to single-place aircraft by emphasizing information, and it can be used to school diploma, the FAA’s experience is the importance of an organized cockpit. encourage children who aspire to that ATP certificate applicants typically According to SSA, the soaring aviation careers to remain in school. achieve a higher level of education, community recognizes that hypoxia, ALPA comments that the complexity of which makes the existing requirement hypothermia, and other conditions modern air transport increases the need obsolete. affect the pilot, and training on the use for a strong academic background. A of oxygen is addressed in areas where Section 61.155 Aeronautical flights above 10,000 feet may be few individual commenters also knowledge. opposed deletion of this requirement. conducted regularly. SSA states that AOPA supports elimination of the Proposed § 61.155 combined the additional regulation in this area is not requirement that an applicant for an existing aeronautical knowledge required. ATP knowledge test must have 1,500 requirements of applicants for airplane FAA Response: The FAA purposely hours of flight time and possess a valid and rotorcraft ratings, and updated the deleted the recognition and avoidance first-class medical certificate. GAMA list of items of required aeronautical of wake turbulence as an aeronautical also supports the provision that permits knowledge for ATP applicants. These knowledge area for the ATP certificate. an applicant to hold only a third-class requirements would also apply to the This training was deleted because it is medical certificate when that person powered-lift rating. Proposed revisions provided at lower certificate levels applies for an ATP certificate, because included deleting references to air (student and private) and requiring it in it allows flexibility and encourages navigation facilities on Federal airways, § 61.155 would be duplicative of these training without decreasing safety. such as rotating beacons, course lights, requirements. The FAA, through this HAI opposes proposed § 61.153(e)(1) and radio ranges, and adding regulatory review, has made an effort to requiring an applicant for an ATP requirements such as physiological eliminate repetitive requirements, and certificate to hold at least a commercial factors, aeronautical decision making conform with the ‘‘step-by-step building pilot certificate and an instrument and judgment, windshear, and resource block’’ concept of pilot certification. rating. The commenter contends that it management. The proposal also clarified Also, the FAA has replaced the term is a burden to require applicants, that an applicant for a type rating would ‘‘flight crewmember physiological including foreign pilots entering an ATP not be required to take an additional factors’’ with ‘‘human factors’’ because program to upgrade their certificates, to knowledge test, if the applicant already the latter term encompasses the former, 16272 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations and is more commonly recognized and any check must be evaluated by a experience requirements for a rotorcraft understood in the aviation community. designated examiner or FAA inspector. category rating. No substantive As stated in the FAA’s previous comments were received. The section is Section 61.159 Aeronautical discussion of this issue, the FAA being adopted as proposed, and was experience: Airplane category rating. believes that training in human factors modified only to include provisions for and aeronautical decision making may The FAA proposed that § 61.159 the use of approved flight simulators decrease the number of accidents include the prior aeronautical and approved flight training devices. attributable to pilot error, because the experience requirements for an airplane implementation of similar training in air category rating with no substantive Section 61.163 Aeronautical carrier operations has decreased changes. experience: Powered-lift category rating. accident rates. This is further discussed Comments: AOPA states that although Proposed § 61.163 sets forth the in section IV,H. In response to ALPA’s this section was not changed in Notice aeronautical experience requirements comment, the FAA provides pilots and No. 95–11, proposed § 61.159(a)(3), for an ATP certificate with a powered- instructors with guidance materials which is based on an existing lift category rating. Existing § 61.161, regarding human factors and § 61.155(a)(3), is the source of ‘‘Rotorcraft rating: Aeronautical skill,’’ aeronautical decision making in: AC 67– considerable misinterpretation by was eliminated, and its existing 2, ‘‘Medical Handbook for Pilots’’; AC airmen and FAA personnel, and should provisions were covered in proposed 61–107, ‘‘Operations of Aircraft at be clarified. The problem lies in the use § 61.153. Altitudes Above 25,000 feet MSL and/ of the phrase ‘‘in actual flight,’’ which Comments: AOPA and NAFI object to or MACH numbers (Mmo) Greater Than has been interpreted incorrectly to mean the proposed section because of their .75’’; and in the Airline Transport Pilot, that the hours must be flown in actual objection to the FAA’s decision to Aircraft Dispatcher, and Flight IMC. AOPA requests that the rule be establish a powered-lift category rating. Navigator Knowledge Test Guide. changed to reflect the ‘‘correct and FAA Response: The FAA responded documented interpretation’’ that an to objections against the establishment Section 61.157 Flight proficiency. applicant for an ATP must have 75 of the proposed powered-lift category Proposed § 61.157 established the hours of instrument time in actual or rating in section IV,F. In the final rule, flight proficiency requirements for simulated IMC, 25 hours of which may the FAA removed the reference to applicants for airplane and rotorcraft have been obtained in a simulator or ‘‘actual’’ flight and changed the section ratings, and included separate and flight training device. AOPA also objects to include provisions for the use of revised areas of operation for the to proposed § 61.159(c) because there is approved flight simulators and airplane single-engine rating, airplane no provision for crediting second in approved flight training devices. multiengine rating, rotorcraft helicopter command time such as safety pilot time. rating, and the proposed powered-lift AOPA states that the FAA sought to Section 61.165 Additional aircraft rating. The proposed rule also included rectify this situation in Amendment 61– category and class ratings. specific approved areas of operation for 71, which ‘‘clearly states that all second Proposed § 61.165 contained the each rating. In addition, the proposed in command time that meets the provisions of existing § 61.165, rule clarified that the type ratings on a requirements of the current § 61.153(c) ‘‘Additional category ratings,’’ and superseded pilot certificate would be may be credited toward the ATP included provisions for a powered-lift elevated to the ATP certificate level, for aeronautical experience requirements.’’ category rating. the category and class of aircraft in FAA Response: The FAA agrees with Comments: AOPA and NAFI object to which a pilot satisfactorily AOPA’s arguments regarding the the proposed section because of their accomplished the ATP practical test. confusion produced by the phrase ‘‘in objection to the FAA’s decision to No substantive comments to this actual flight’’ and has deleted the word establish a powered-lift category rating. section were received. This section has ‘‘actual.’’ An incorrect reference to part FAA Response: The FAA responded been adopted as proposed and modified 119 certificate holders was also to objections against the establishment to include the provisions of §§ 61.153 eliminated. The FAA also agrees with of the proposed powered-lift category and 61.158, which pertain to the use of AOPA’s comment regarding safety pilots rating in section IV,F. The FAA adopted approved flight simulators or approved logging second in command time, and this section as proposed, with minor flight training devices to obtain an has added § 61.159(c)(1)(iii), which editorial changes. airplane or helicopter rating. The permits a safety pilot to credit second in Section 61.167 Privileges. changes were set forth in Amendment command time toward the total flight No. 61–100. The proposal has also been time requirements for an ATP Proposed § 61.167 contained the modified to include the provisions for certificate. In addition, the provisions of provisions of existing § 61.171. the use of approved flight simulators or proposed § 61.167(b) and (c) were Proposed § 61.167(b) also contained the approved flight training devices to placed in § 61.159(d) and (e) in the final limitations found in existing obtain a rating in a powered-lift. This rule. Provisions for the use of approved § 61.155(d). Those limitations applied to section also has been revised to include flight simulators and approved flight applicants who credit second in appropriate limitations for appropriate training devices were also included as command or flight engineer time in tests not taken under instrument flight set forth in the final rule, Amendment meeting the total time requirement for rules. No. 61–100. an ATP certificate. No substantive The FAA notes that Amendment No. comments were received to this section, 61–100 permits a proficiency check Section 61.161 Aeronautical therefore, the FAA is implementing the conducted under § 121.441 or checks experience: Rotorcraft category and proposed changes. However, the conducted under §§ 135.293 and helicopter class rating. provisions of § 61.167(b) and (c) in the 135.297 to satisfy the requirements of Proposed § 61.161 sets forth the proposed rule were moved to § 61.157. This final rule specifies that aeronautical experience requirements § 61.159(d) and (e) in the final rule, and these checks must include all for an applicant seeking an ATP the title of the section was changed from maneuvers and procedures required for certificate with a rotorcraft helicopter ‘‘General privileges and limitations’’ to the issuance of a type rating, and that rating. It includes the aeronautical ‘‘Privileges’’ because there are no Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16273 limitations in this paragraph. After respect to helicopters, and adds that the recreational pilot certificate. This was further review, the FAA has decided to shortage of helicopters equipped for an addition to the existing requirement restate the privileges in existing § 61.169 instrument training would make the for a flight instructor applicant to log in order to clarify that an ATP can requirement burdensome. If the instruction on the aeronautical continue to provide instruction in air proposal were implemented, HAI knowledge areas relating to the private transportation service and to include recommends a 2-year transition period and commercial pilot certificates. provisions for providing instruction in during which a CFI could continue to Proposed paragraph (b)(2) required a approved flight simulators and teach. flight instructor applicant to receive and approved flight training devices. Other With respect to proposed paragraph log ground training on the aeronautical clarifying and terminology changes were (j), SSA supports the requirement that a knowledge areas in which ground also made to this section. pilot must log at least 15 hours of pilot- training is required for an instrument in-command time in the category and rating, if that person is applying for a Subpart H—Flight Instructors class of aircraft prior to receiving an flight instructor certificate in the Section 61.181 Applicability. initial flight instructor certificate, but following categories and classes of feels it is an excessive requirement in aircraft: airplane single-engine, airplane No substantive changes were the case of additional ratings. The multiengine, airship, powered-lift, or proposed for this section, and it is commenter states that while the any instrument flight instructor rating. adopted as proposed. economic impact of the 15-hour Comments: NAFI approves of Section 61.183 Eligibility requirement for an initial instructor proposed § 61.185(a) requiring a logbook requirements. rating is minimal, the impact would be entry for aeronautical knowledge significant for additional ratings. SSA training, but the association feels In proposed § 61.183, the FAA revised proposes a minimum of 20 hours pilot strongly that this requirement should be the existing eligibility requirements for in command flight time and 5 hours in waived for certificated teachers. No flight instructors. In paragraph (b), the category for an instructor seeking to add other substantive comments were FAA proposed that an applicant be able a glider rating to a flight instructor received. to speak and understand the English certificate. FAA Response: The FAA agrees with language. The existing rule requires an FAA Response: The FAA concurs NAFI’s comment and has incorporated applicant to converse fluently. with the views of AOPA, HAI, and NAFI language in this section that excepts In proposed paragraph (c), the FAA that requiring an applicant for a flight certain individuals, including added requirements for an applicant for instructor certificate with a helicopter certificated teachers, from meeting the a flight instructor certificate with a possess an instrument rating is requirements of paragraph (a) of this helicopter, airship, or powered-lift unnecessary and burdensome. The FAA section. Additionally, minor editorial rating to hold an instrument rating. This is therefore deleting this proposed changes have been made to the final was in addition to the existing requirement from the final rule. As the rule. requirement, which only specified that FAA has decided not to establish a an applicant for a flight instructor flight instructor rating for airships, the Section 61.187 Flight proficiency. certificate with an airplane or proposed requirement that an applicant The FAA proposed to move to instrument rating hold an instrument for a flight instructor rating for an § 61.195 the existing requirement within rating on his or her pilot certificate. airship possess an instrument rating has this section addressing the minimum Proposed paragraphs (d) through (g) also been withdrawn. However, the experience requirements for a flight revised existing requirements, FAA has decided that the proposal instructor who can train first-time flight specifying that an applicant would be remains valid for powered-lift and instructor candidates. required to receive from the ground instrument ratings. In response to SSA’s In Notice No. 95–11, the FAA instructor or flight instructor who gave comment regarding 15 hours of pilot in proposed paragraphs to list those the applicant training or reviewed the command experience in category and specific areas of operation in which an applicant’s home-study course, an class for an additional flight instructor applicant must receive and log flight endorsement that states the applicant is rating, the FAA notes that this is an instruction or ground instruction prior prepared for the knowledge test, and existing requirement as found in to taking any practical test for a flight receive from the flight instructor who § 61.191(b). Additionally, the FAA instructor rating. The specific areas of gave the applicant training, an revised the rule to permit an applicant operation are listed for flight instructors endorsement that states the applicant is to forego taking the knowledge test with ratings in the following categories prepared for the practical test. specified in § 61.185(a) if certain and classes of aircraft: airplane single- Proposed paragraph (j) required equivalent conditions are met by the engine, airplane multiengine, rotorcraft applicants to have logged at least 15 applicant. The FAA did not propose to helicopter, rotorcraft gyroplane, hours of pilot-in-command time in the change this requirement. Except for powered glider, nonpowered glider, category and class of aircraft that is these changes and other editorial airship, balloon, and powered-lift. appropriate to the flight instructor rating changes to include the use of approved Comments: Substantive comments sought. The existing requirement only flight simulators and approved flight objected only to the creation of applies to flight instructors seeking an training devices, the final rule is proposed new categories, classes, and/or additional rating. adopted as proposed. ratings. Comments: AOPA and NAFI object to FAA Response: As discussed in proposed § 61.183(c)(2)(iii) and (c)(2)(iv) Section 61.185 Aeronautical section IV,H, the FAA replaced existing requirements for flight instructors with knowledge. flight proficiency requirements for helicopter ratings or airship ratings to In Notice No. 95–11, the FAA certificates and ratings with general have an instrument rating, because there proposed to add the requirement for areas of operation. As discussed in is no safety problem under the current flight instructor applicants to receive section IV,F, the FAA has decided not system, and because most operations in and log ground training on the to adopt the proposal for separate these aircraft are conducted under VFR. aeronautical knowledge areas in which powered and nonpowered glider class HAI expresses the same opposition with ground training is required for a ratings, and therefore the final rule 16274 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations consolidates proposed glider areas of minor editorial changes, the final rule reflect the requirements contained in operation within one category. As has been adopted as proposed. this section. discussed in section IV,C, the final rule Section 61.191 Additional flight Section 61.195 Flight instructor does not adopt the proposal for flight instructor ratings. limitations and qualifications. instructor certificates in the lighter- than-air category, therefore, the No substantive changes to this section The FAA proposed revising the title associated areas of operation have been were proposed. The requirement in of this section from ‘‘Flight instructor deleted. Except for these changes, and existing § 61.191(a) that a flight limitations’’ to ‘‘Flight instructor other editorial changes to include the instructor applicant for an additional limitations and qualifications.’’ use of approved flight simulators and rating must hold a pilot certificate with The FAA proposed to revise, in approved flight training devices, the ratings appropriate to the flight proposed paragraph (a), the prior final rule is adopted as proposed. instructor rating sought was placed in limitation that a flight instructor may proposed § 61.183, which pertains to not conduct more than 8 hours of flight Section 61.189 Flight instructor eligibility requirements. The training in a 24-hour period. The FAA records. requirement in existing § 61.191(b) that also proposed to limit a flight instructor In Notice No. 95–11, the FAA a flight instructor applicant for an to a total of no more than 8 hours of proposed that a flight instructor must additional rating must have at least 15 flight training and commercial flying in use and retain a syllabus to train all hours of pilot-in-command time in the a 24-hour period. students. category and class of aircraft that is Proposed paragraph (b)(2) clarified Comments: AOPA opposes the appropriate to the flight instructor the current requirement that to give requirement in proposed § 61.189(a) that certificate sought was also placed in training in an aircraft that requires a an instructor must sign the logbook of proposed § 61.183. type rating, the flight instructor must each person to whom ground training is Comments: As discussed in reference hold a type rating in that aircraft. The given. According to AOPA, the proposal to proposed § 61.183, SSA opposes existing rule implied that the flight would require an instructor giving a applying the requirement for 15 hours of instructor is required to hold a type presentation to an audience of hundreds pilot in command in appropriate rating on the instructor’s pilot and flight to give an endorsement to all attendees. category and class for additional flight instructor certificates. The proposal AOPA further opposes the requirement instructor ratings. HAI objects to specified that a flight instructor is in § 61.189(b)(2) that a flight instructor proposed § 61.191 because it no longer required to hold a type rating on his or must maintain a record of the results of requires a flight instructor to take a her pilot certificate and not the each practical test or knowledge test for knowledge test for additional flight instructor certificate. which an endorsement was provided. It instructor ratings. The commenter Proposed paragraph (c) clarified that a is AOPA’s position that it is not an recommends retention of the existing flight instructor who gives instrument instructor’s responsibility to keep track rule, ‘‘with a shortened knowledge test flight training for the issuance of an of a student’s test results, especially for for additional category ratings.’’ instrument rating or a type rating that is instructors in weekend ground schools FAA Response: SSA’s concerns are not limited to VFR is required to hold and seminars. The commenter opposes addressed in the FAA comments to the instrument rating for the category the proposed requirement in proposed § 61.183. With respect to and class of aircraft for which the § 61.189(b)(3) that a copy of each HAI’s concern, the FAA points out that instrument training is being given, on syllabus used for training be retained, the knowledge test requirements are the instructor’s pilot certificate and and AOPA asks if this refers to the incorporated into § 61.183, and that flight instructor certificate. course syllabus or to each syllabus used § 61.183(f) requires a flight instructor Proposed paragraph (d) revised the for individual students. In addition, applicant to pass a knowledge test on existing flight instructor endorsements. AOPA objects to the proposed the aeronautical knowledge areas listed The requirement for a flight instructor to § 61.189(b)(4) requirement that all in § 61.185 (b) and (c) that are endorse a student pilot’s certificate and records listed in § 61.189 be retained for appropriate to the rating on the flight logbook for supervised pilot in 3 years. NAFI and NATA similarly instructor certificate sought. The final command cross-country flight was object to the requirement for an rule is adopted as proposed. clarified in paragraph (d)(1). Under this instructor to keep copies of the syllabus, proposal, the flight instructor was stating that this would be a burden on Section 61.193 Flight instructor required to determine that the flight instructors and a potential source of privileges. could be performed within any litigation. NATA states that student In Notice No. 95–11, the FAA limitations in the student’s logbook that responsibility could best be ensured by proposed revising the title of this the instructor considered necessary for requiring the student to present a copy section from ‘‘Flight instructor the safety of flight. The intent of the of the syllabus to the designated authorizations’’ to ‘‘Flight instructor proposal was to ensure that the flight examiner during a practical test. endorsements and authorizations.’’ instructor providing the endorsement is Individual commenters echoed these The proposal deleted the existing aware of any special limitations associations’ views. detailed listing of types of instructor pertaining to an individual student. FAA Response: The FAA endorsements. The listing was replaced Proposed paragraphs (d)(5) and (d)(6) acknowledges the concerns of AOPA by more general language, although a clarified that the flight instructor who regarding logbook entry requirements detailed list of the certificates and endorses a pilot’s logbook for a flight and the retention of test results, but ratings for which these endorsements review or an instrument proficiency test points out that these are existing apply was provided. must have conducted that flight review requirements. The FAA has withdrawn Although no substantive comments or instrument proficiency test in the proposal for flight instructors to were received, the final rule was revised accordance with all applicable follow a written syllabus; therefore, the from the proposed rule to eliminate requirements. recordkeeping requirements of this redundant language. Also, the title of Proposed paragraph (f) expanded the section pertaining to syllabuses have this section was revised to read ‘‘Flight existing rule that requires a flight been eliminated. Apart from these and instructor privileges’’ to more accurately instructor to have at least 5 flight hours Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16275 of operating experience as a pilot in flying and flight training. The two pilot seats, of the same category and command in the specific make and commenter does not believe that the class, and that has ‘‘similar flight model of multiengine airplane or FAA has demonstrated a need for such characteristics of the single-place helicopter, to include powered-lifts. The a restriction. According to AOPA, flight aircraft.’’ AOPA contends that this complexity and flight characteristics of instructors are the lowest paid aviation language is very subjective and could be these aircraft require that a flight professionals in the industry, and they a source of litigation. The association instructor be proficient in the aircraft usually cannot afford to instruct on a recommends deleting this requirement. and requires that the flight instructor full-time basis. AOPA fears that the On a similar issue, an individual requirements for powered-lifts parallel restriction will force more instructors to commenter states that § 61.195(g)(2)(ii) those requirements for multiengine leave the profession. HAI also objects to should provide for cases in which an airplanes and helicopters. this proposal and recommends that a owner of a single-place powered glider The FAA proposed in paragraph (g)(1) flight instructor have the same duty- may receive supervised pilot in to require a flight instructor to give all time requirements as other commercial command flight training in that aircraft. training from a control seat that meets pilots. Commenting on § 61.195(c), HAI AOPA and NAFI oppose the existing the requirements of § 91.109. Proposed asks for clarification as to whether a CFI and proposed requirement in paragraph (g)(2) clarified that the can give the instrument training for a § 61.195(h) that a pilot be an instructor aircraft in which training is given private certificate or commercial for at least 24 months before teaching an should have at least two pilot seats and certificate. instructor applicant. These commenters be of the same category and class for With apparent reference to proposed state that a minimum amount of which the rating is sought. The proposal paragraph (f), SPA recommends instructional experience requirement required a flight instructor who trains a additional requirements for seaplane may be appropriate, but the FAA has person who desires to fly a single-place instructors. The commenter failed to prove the need for the specified aircraft to perform the pre-solo training recommends not only a minimum of 5 200 hours or 24 months of experience in an aircraft that has two pilot seats, is hours of pilot in command in category required of a flight instructor training a of the same category and class as the and class but, to ensure that an first-time flight instructor applicant in single-place aircraft, and has similar instructor has appropriate floatplane or an airplane, rotorcraft, or powered-lift. flight characteristics to that of the flying boat experience, a minimum of 5 SSA supports the proposal’s elimination single-place aircraft. hours of training in the type of aircraft of the prior phrase ‘‘immediately Proposed paragraph (h) revised the in which instruction will take place. preceding’’ from the provisions of minimum experience requirements for a SPA also states that the present system existing § 61.87(b), because instructors flight instructor who can train first-time fails to limit the authority of a pilot with years of experience, but who have flight instructor candidates. In the trained in either floatplanes or flying been relatively inactive over the existing rule, such requirements are boats ‘‘to act immediately as pilot in preceding 2 years, would still be eligible contained in § 61.187. The FAA added command in the other class without any to pass that experience to a new minimum ground training experience further training.’’ An individual instructor candidate. SSA states that requirements for an instructor training a commenter suggests a requirement these instructors may even be more first-time instructor applicant, and under § 61.195(f) for a flight instructor qualified than an instructor who has clarified the requirement that a person to have 5 hours experience as pilot in only 2 years experience. not serving as an instructor in an FAA- command in the make and model of AOPA and GAMA suggested that the approved course and providing flight seaplane and/or gyroplane to give FAA accomplish its objectives regarding training to a flight instructor candidate, instruction in that aircraft. single-engine and multiengine have a minimum of 24 months of One individual commenter opposes proficiency for instrument flight experience as a flight instructor. The the proposed paragraph (g)(1) instructors by means of a limitation in FAA also proposed that, in FAA- requirement that an aircraft have dual this proposed section, as an alternative approved courses, flight instructors who flight controls for instruction, because to the proposed separation of the give training to applicants for an initial this may discourage pilots who own instrument instructor rating into single- flight instructor certificate may, in lieu Beechcraft Bonanzas and Barons with engine and multiengine classes. of meeting the previously discussed throwover control wheels from FAA Response: The objections of requirements, have a record of having receiving instruction in their own AOPA and HAI to the proposed flight endorsed at least five applicants for a aircraft. Another commenter opposes instructor duty time limitations were pilot certificate, with at least 80 percent the requirement that all flight training reviewed. The FAA agrees, and has having passed the practical test on the must be given from a control seat. The decided to delete the proposed wording first attempt; and must have given at commenter cites instances where this ‘‘or any combination of commercial least 400 hours of instruction in would not be necessary, such as flying and flight training’’ in the final airplanes, rotorcraft, or powered-lifts; instrument instruction with a qualified rule. The FAA acknowledges the 100 hours in gliders; or 40 hours in safety pilot in the right seat and the objections of AOPA and NAFI to the lighter-than-air category aircraft. instructor in a jump seat, pilot upgrade existing and proposed 200-hour, 24- In paragraph (i) of the proposal, the training with a qualified pilot serving as month experience requirements for FAA clarified that a flight instructor the other crewmember, and instrument instructors who train first time may not make any self-endorsement for instructor training while giving an instructor applicants. The FAA did not the furtherance of a certificate, rating, instrument student concurrent propose changes to the provisions to the proficiency test, flight review, instruction. existing rule; therefore, AOPA and authorization, operating privilege, AOPA expresses a concern regarding NAFI’s recommendations are beyond practical test, or knowledge test. the requirement in proposed the scope of this rulemaking. Comments: AOPA opposes proposed § 61.195(g)(2)(ii) that if supervised pilot Regarding SPA’s comment to require § 61.195(a) restricting the number of in command flight is to be conducted in 5 hours of experience as pilot in hours a flight instructor may fly in a 24- a single-place aircraft, then all pre- command in a seaplane or gyroplane for hour period to 8 hours of flight training supervised pilot in command training instructors providing flight training in or any combination of commercial must be conducted in an aircraft with these aircraft, the FAA did not propose 16276 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations this change in Notice No. 95–11; check pilot, chief flight instructor, check instructor certificates for renewal therefore, the recommended change is airman, or flight instructor in an without accomplishing a practical test. beyond the scope of this rulemaking. operation conducted under part 121 or Another commenter advocates With respect to objections to the part 135, or a comparable position including activity as a flight instructor proposed dual control requirements, the involving the regular evaluation of at a pilot school approved under part FAA points out that throwover yokes pilots. The existing rule does not 141. are permitted for instrument instruction. include a provision permitting an AOPA expresses support for proposed The requirement for instruction in an instructor to renew the certificate by § 61.197(c), which states that if an aircraft with dual flight controls is an presenting a satisfactory record ‘‘in a instructor takes any of the steps existing requirement in § 91.109, and comparable position involving the this rule merely incorporates that regular evaluation of pilots,’’ but rather outlined in § 61.197 within 90 days of requirement into the provisions of this in ‘‘other activity involving the regular a certificate’s expiration date, then the section. The FAA agrees with the evaluation of pilots.’’ The FAA also renewal requirements are considered commenter regarding the proposed proposed that satisfactory completion of accomplished within the month due rule’s provisions that require all training renewal requirements within 90 days of rather than in the month of renewal. to be given from a control seat. the certificate expiration date would be The commenter states that the current Therefore, the FAA has eliminated deemed to have been accomplished in regulation penalized an instructor for provisions from the rule that required a the month of expiration. renewing a certificate early. flight instructor to occupy a control seat Comments: Approximately 100 FAA Response: The FAA points out when providing flight training. The comments address the proposed that completion of a flight instructor FAA has concluded that operational modifications to the flight instructor refresher clinic will continue to remain requirements and accident/incident data renewal requirements. Approximately a valid renewal option under this final do not establish a sufficient safety 75 percent of the commenters oppose rule, and that its completion may be justification for this increased regulatory the changes, though in some cases used for any number of successive and economic burden. Regarding opposition might be based on a renewals. In response to AOPA and AOPA’s comment on the proposal to misunderstanding of the proposal. A NAFI’s objection to the removal of require the use of aircraft with similar number of commenters state they provisions that allow flight instructors believe flight instructors might lose flight characteristics when providing to renew by demonstrating competence their certificates if they are presolo training to a pilot seeking solo to the local FSDO, the FAA notes that insufficiently active or fail to endorse flight privileges in a single-place it did not remove these provisions, and aircraft, the FAA has determined that the requisite number of students for a that they have been included in the proposed language is vague and has practical test. Some comments reflect § 61.197(a)(2). This paragraph lists what removed it in the final rule. In addition, the perception that flight instructor must be contained in an individual’s the FAA replaced the phrase ‘‘pilot refresher courses could be used for only seats’’ with ‘‘pilot stations’’. The FAA two consecutive renewals. Several record of instruction and establishes made this change to accommodate commenters state that experienced flight specific criteria upon which certificate balloon category aircraft, which do not instructors may not endorse many renewal will be based. In response to have seats, and therefore make students for practical tests, but the elimination of the term ‘‘pilot in applicable all categories and classes of nevertheless remain active giving flight command’’ from the proposed rule, the aircraft. In response to AOPA and reviews, training in tailwheel or high- FAA notes that deletion of the term GAMA, with respect to separate single- altitude airplanes, and instrument ‘‘comparable position’’ from proposed engine and multiengine flight instructor competency checks. Another paragraph (b)(2) would continue to instrument ratings, the FAA has commenter states that flight instructor permit a pilot other than a ‘‘check withdrawn the proposal as further refresher courses are not sufficient for airman’’ who is involved in the regular discussed in section IV,D. References to instructors to maintain competency, and evaluation of pilots to renew a flight all flight instructor certificates that were the instructors should demonstrate instructor certificate under that proposed, but not adopted, have also knowledge and competency to an FAA paragraph’s provisions. been deleted. Additionally, paragraph (j) inspector or examiner for certificate In paragraphs (a)(2)(iii) and (b) of the was added in accordance with renewal. final rule, the FAA has replaced the AOPA and NAFI object to the removal provisions set forth in Amendment No. words ‘‘expiration date’’ with of the provision that allows flight 61–100. Except for these changes, and ‘‘expiration month’’. The proposed instructors to renew their certificates by various formatting and editing changes, change, for example, would permit a the final rule is adopted as proposed. demonstrating competence to the local FAA office. NAFI states that this option certificated flight instructor whose Section 61.197 Renewal of flight is generally used by CFIs in an approved certificate expired on April 30, 1997, to instructor certificates. instructor course without a problem. renew that certificate if the person In Notice No. 95–11, the FAA AOPA comments that it is unaware of accomplished any one of the renewal proposed to revise the existing any safety problems or administrative options specified in § 61.197 as early as requirements of § 61.197 for the renewal burdens associated with this option, January 2, 1997. The renewal date for of flight instructor certificates. The which is used by full-time instructors at the new certificate would be April 30, proposal clarified that a record of part 141 schools. An individual 1999. This change reflects existing FAA training students used as a method of commenter notes that proposed policy. Additionally, paragraph (c) was renewal should indicate that the § 61.197(b)(2) eliminates the regulation’s added to permit the practical test for a instructor trained at least five students, current inclusion of pilots in command flight instructor certificate or additional with at least 80 percent having passed of aircraft operated under part 121, rating to be conducted in an approved a practical test on the first attempt. The stating that all but ‘‘check airmen’’ flight simulator or approved flight FAA also proposed to permit a flight would be deleted by the proposal’s training device. Except for these instructor to renew the certificate listing of air carrier-related activity that changes, the final rule is adopted as presenting a satisfactory record as a would qualify holders of flight proposed. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16277

Section 61.199 Expired flight proposed in § 61.201 should require an operation of the aircraft. This change is instructor certificates and ratings. ‘‘unexpired’’ flight instructor certificate discussed in greater detail in section No substantive changes were as a prerequisite for conversion. IV,G. FAA Response: Upon review of the proposed in this section. No substantive This subpart reflects existing comments, as discussed in sections comments were received, and except for requirements with editorial and format IV,C; IV,D; and IV,F, the FAA has minor editorial changes, the final rule is changes to clarify the privileges and decided not to adopt any new flight adopted as proposed. limitations of the ground instructor instructor ratings. Therefore, no ratings, and to permit a seamless Section 61.201 [Reserved.] conversion provisions are needed. The integration of part 143 into part 61. proposed section is therefore deleted in The FAA proposed that this section Part 141—Pilot Schools be titled ‘‘Conversion to the current the final rule. The FAA notes that Amendment No. flight instructor ratings.’’ The FAA Subpart A—General 61–100 reinstated the requirement for proposed that existing § 61.201 include ‘‘24 hours of ground and flight training Section 141.1 Applicability. provisions for current certificate holders for a flight instructor refresher clinic.’’ to obtain new flight instructor The proposed section contained only Paragraph (a)(2)(iii) of this final rule format revisions. No substantive certificates and ratings that were does not contain that requirement. proposed in Notice No. 95–11. The comments were received on this section; proposed certificates are discussed in Subpart I—Ground Instructors it is adopted in the final rule with formatting changes. sections IV,C; IV,D; and IV,F. In Notice No. 95–11, the FAA Comments: NAFI objects to the proposed to include revised ground Section 141.3 Certificate required. creation of the new flight instructor instructor certificates and ratings in part In Notice No. 95–11, the FAA ratings and the proposed conversion 61. The FAA also proposed establishing proposed minor format changes. No requirements for current instructors to ground instructor certificates that were substantive comments were received on obtain those ratings. According to NAFI, category specific (airplane, rotorcraft, many instructors will be unable to meet glider, lighter-than-air, and instrument). this section; it is adopted in the final the conversion requirements, and for The proposal contained eligibility rule as proposed. some of the ratings, few if any will requirements for ground instructor Section 141.5 Requirements for a pilot qualify, effectively revoking the majority certificate applicants, including a school certificate. of existing FAA flight instructor requirement that all applicants read, In Notice No. 95–11, the FAA certificates. The commenter states that write, speak, and understand the proposed to revise pilot school quality the FAA has failed to show a safety English language. problem with the existing system of Comments: Most commenters oppose of training requirements. instruction. NAFI asks that all current the category-specific ground instructor The FAA proposed to replace the instructors be ‘‘grandfathered’’ into the ratings. Many commenters also oppose existing title ‘‘Pilot school certificate’’ equivalent new certificates without any the English language requirement with ‘‘Requirements for a pilot school additional requirements. because of its affect on deaf instructors. certificate.’’ AOPA also opposes not only the new FAA response: The FAA is adopting Proposed paragraph (a) specified that flight instructor ratings, but the the proposal to move the ground the application is to be completed in a proposed conversion scheme method for instructor requirements to part 61. manner prescribed by the current flight instructor certificates. However, the FAA is not adopting the Administrator. AOPA comments that the proposed category-specific ground instructor In proposed paragraph (b), the FAA method is not a conversion at all but certificates as discussed in the analysis clarified that an applicant for a pilot rather a complete set of new of § 61.5(d). Therefore, this subpart has school certificate must hold a requirements that cannot be met except been rewritten to restore the existing provisional pilot school certificate for at by a small number of instructors. The basic, advanced, and instrument ground least 24 calendar months prior to commenter contends that a large instructor ratings. The proposed applying for a pilot school certificate. percentage of the country’s instructor sections on aeronautical knowledge, The FAA proposed in paragraph (d) to certificates are being effectively revoked ground instructor proficiency, ground modify existing pilot school quality of by the proposal, imposing significant instructor records, additional ground training requirements, which must be economic and administrative burdens instructor ratings, ground instructor met within 24 calendar months prior to on flight instructors. AOPA believes that endorsements and authorizations, the application. The existing rule states the FAA has not demonstrated a safety recency of experience for the holder of that an applicant must train at least 10 problem with the existing system and a ground instructor certificate, and students for a pilot certificate or rating, insists that all current flight instructors conversion to current system of ground and that at least 8 of the school’s 10 (including commercial balloon pilots) instructor ratings are not adopted in the most recent graduates pass the practical should be granted any equivalent new final rule. Therefore, a section-by- test the first time. The FAA proposed to certificate without any additional section analysis of those proposals is require that the applicant train and experience, training, or testing not included. recommend 10 students, either for: (1) a requirements. NAFI echoes the views of In response to commenters’ concerns knowledge or practical test for a pilot, AOPA. regarding the English language flight instructor, or ground instructor With respect to the proposed requirements, the FAA has added certificate or rating, in which case at multiengine rating for instrument flight language to § 61.213(a)(2) providing that least 80 percent of the applicants must instructors, NATA states that although it if an applicant is unable to meet one of have passed the test on the first attempt is opposed to the proposal, all CFIIs the English language proficiency on a test conducted by an FAA who are also MEIs should be given the requirements for medical reasons, the inspector, or an examiner who is not a new certificate. Administrator may place operating school employee; or (2) an end-of-course An individual commenter states that limitations on the applicant’s pilot test for a training course specified in the conversion of certificates provisions certificate that are necessary for the safe appendix K to this part. 16278 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Comments: The operator of a balloon received. The final rule is adopted as school and a student should be left to school suggests eliminating the proposed. the legal system. NBAA recommends requirement in proposed § 141.5(d)(1) deleting the language concerning ‘‘good Section 141.9 Examining authority. that the examiner be independent of the faith,’’ because it would create new school. The commenter states that the No modifications were proposed for problems for the FAA involving discussion of part 141 issues indicates this section, nor were any substantive ‘‘contract arbitration between flying that the intent was to require schools comments received. Except for a minor schools and disgruntled students.’’ A that train to a standard to have 80 editorial change, the final rule is balloon school also expresses percent of their students pass a adopted as proposed. opposition to the ‘‘good faith’’ language. knowledge test or practical test given by Section 141.11 Pilot school ratings. FAA Response: After review of the an FAA inspector or designated comments, the FAA has decided to examiner not employed by the school. The FAA proposed to change this withdraw proposed paragraph (a)(5) The commenter states that there is no section by reorganizing the certificate because of the concerns expressed by indication that the intention was to courses in the existing rule and the commenters. In addition, the FAA require students of all schools to be eliminating the test courses. No deleted the language ‘‘otherwise examined by nonemployees of the substantive comments were received. terminated’’ from proposed paragraphs school, but the language of proposed The final rule, however, adds the (a) and (c) because the use of the phrase § 141.5(d)(1) would so require. The corresponding appendix references to is redundant. commenter states that this would create the list of courses for clarification The proposal is adopted with these a hardship on balloon schools because purposes. This section is adopted in the changes. of the relative scarcity of qualified, final rule, with these changes. active balloon examiners. The Section 141.18 Carriage of narcotic Section 141.13 Application for drugs, marihuana, and depressant or commenter states that the nearest issuance, amendment, or renewal. independent examiner to its school is a stimulant drugs or substances. competitor, and the nearest FAA Proposed § 141.13 revised the The FAA proposed only editorial inspector who also is a qualified balloon requirement in the existing rule that changes to this section, and no examiner is 500 miles away. Another requires a pilot school to submit three substantive comments were received on flight school commenter states similar copies of a training course outline for the proposal. After further review, the objections to the same paragraph for the issuance or amendment of a pilot FAA has decided to retain the language flight schools in general. According to school certificate or rating. The FAA used in existing § 141.18 and not to the commenter, the selection process for believes that two copies of the training adopt the language proposed in Notice FAA-designated examiners, as well as course outline are sufficient. No No. 95–11. the quality of training requirements substantive comments were received, specified are an adequate check against and this section is adopted in the final Section 141.19 Display of certificate. an examiner failing to be impartial. rule as proposed. In Notice No. 95–11, the FAA Flight schools and students could suffer Section 141.15 Location of facilities. proposed format revisions to this time and cost burdens due to difficulties section. No substantive comments were in scheduling check rides. In Notice No. 95–11, the FAA received on this proposal, and it is FAA Response: Because of the size of proposed more permissive language for adopted as proposed. some part 141-approved schools, the this section consistent with the FAA does not have sufficient personnel proposed changes in § 61.2. No Section 141.21 Inspections. resources to respond to all the demands substantive comments were received on The FAA proposed format changes to that would be generated by this this proposal, and it is adopted as this section. No substantive comments proposal. In addition, the FAA proposed. were received on this proposal, and it is considers designated examiners to be Section 141.17 Duration of certificate adopted with a minor editorial change. representatives of the Administrator, and examining authority. rather than employees of a school, when Section 141.23 Advertising they are conducting practical tests. This The FAA proposed to change the title limitations. does not preclude these examiners from of this section and to add paragraph The FAA proposed to revise this otherwise being employed by a school. (a)(5), which stated that a pilot school section to clarify that courses are To prevent confusion, the FAA has or provisional pilot school certificate approved under part 141. No deleted from paragraph (d)(i) the expires whenever ‘‘the Administrator substantive comments were received on following language: ‘‘a test that was has determined a school has not acted this proposal. After review, the FAA has conducted by an FAA inspector or an in good faith with a student to whom it decided to delete the language examiner who is not an employee of the has a contractual agreement to provide ‘‘otherwise terminated’’ from paragraph school’’, and replaced this language training.’’ The proposal also included (c)(2) because the use of the phrase is with ‘‘the required test’’. In addition, the minor editorial and format changes. redundant. The proposal is adopted FAA reformatted this section and added Comments: GAMA, HAI, and NATA with this change. the phrase ‘‘or any combination of those oppose the proposal to permit the FAA Section 141.25 Business office and tests,’’ to reflect the FAA’s intent with to revoke a school’s authority if the operations base. respect to pass rates. Except for these Administrator determines that the changes, the final rule is adopted as school has not acted in good faith with The FAA proposed only minor format proposed. a student. HAI states that the issue of changes to this section. No substantive ‘‘good faith’’ is not a regulatory issue. comments were received addressing this Section 141.7 Provisional pilot school GAMA believes that the FAA should section, and it is adopted as proposed. certificate. judge a part 141 school by the quality The FAA did not propose any of its training, the performance of its Section 141.26 Training agreements. substantive changes for this section, nor students, and its adherence to the FAR. Although the FAA did not propose were any substantive comments GAMA states that disputes between a this section in Notice No. 95–11, the Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16279 section was adopted in Amendment No. Subpart B—Personnel, Aircraft, and air-rating. In response to the 61–100. It is included in this final rule Facilities Requirements commenter’s concerns regarding paragraph (d), the FAA notes that the as previously adopted. Section 141.31 Applicability. rule explicitly requires a student Section 141.27 Renewal of certificates and No substantive changes were enrollment of at least 50 students at the ratings. proposed for this section, however, the time designation is sought. The FAA has In Notice No. 95–11, the FAA existing rule was reformatted. determined that 50 students is the Comments: A balloon school operator proposed revisions to the certificate maximum for which one chief instructor states that the proposed § 141.31(b)(2) renewal requirements of § 141.27. or assistant chief instructor could language ‘‘must have: a written lease reasonably provide checks, and, Proposed paragraph (a)(1) eliminated agreement of the...airport’’ imposes a therefore, permits a pilot school or the current requirement that the renewal requirement to lease an airport. The provisional pilot school to designate of a certificate must be obtained no less commenter states that this language check instructors for conducting student than 30 days prior to the expiration of should be deleted, because it is not stage checks, end-of-course tests, and the pilot school certificate. The less possible for it to lease an airport. instructor proficiency checks. restrictive wording ‘‘may apply ...within FAA Response: The FAA concurs The proposed rule is adopted with 30 days’’ was proposed. with the commenter’s concern and has these changes and other minor editorial edited the relevant language in the final Proposed paragraph (a)(2) specified changes. rule. that renewal of a pilot school certificate Section 141.35 Chief instructor and rating is contingent on the Section 141.33 Personnel. qualifications. Administrator determining that the Proposed paragraph (c) clarified that In Notice No. 95–11, the FAA school meets the requirements of this the assistant chief instructor would be proposed to delete the existing part with respect to its personnel, required to meet the requirements of requirement that a person who applies aircraft, facility and airport, approved proposed § 141.36. for the position of chief ground training courses, and training records, as Proposed paragraph (d) permitted a instructor have 1 year of experience as well as the recent training activity and pilot school to designate check a ground instructor at a certificated pilot training quality requirements of instructors to conduct student stage school. proposed § 141.5(d). The existing rule is checks, end-of-course tests, and No substantive comments were more general, stating only that the instructor proficiency checks, subject to received on this proposal. Paragraph (e) Administrator has to determine that the specified conditions. was added to the section in the final school meets the requirements Comments: NATA states that the rule. This paragraph reflects the existing prescribed for this part. The addition of language in proposed requirement in § 141.35(e), which requirement to meet § 141.5(d) § 141.33(a)(2) appears to mandate the provides that to be eligible for employment of dispatchers, aircraft effectively modified the school’s quality designation as chief instructor for a handlers, or line service personnel. of training requirements for renewal. ground school course, a person must NATA contends the current language have at least 1 year of experience as a Proposed paragraph (a)(3) clarified only requires that these personnel be ground school instructor in a that a school that does not meet the trained ‘‘if’’ they are employed. HAI and certificated pilot school. The FAA proposed renewal requirements may NBAA echo NATA’s opposition to this believes it is necessary for instructors to apply for a provisional pilot school proposed rule. NATA also recommends be more experienced. Except for this certificate if the school meets the that the current requirement for a part change and other editing and formatting requirements of proposed § 141.7 of this 141 school to provide a copy of the changes, the final rule is adopted as part. school’s safety procedures and practices proposed. be reinstated in the new rule. Individual The FAA also proposed minor Section 141.36 Assistant chief editorial and format changes to commenters, including a flight school, express the same concern. instructor qualifications. paragraph (b). The provisions in proposed paragraph In this section, the FAA proposed to Comments: A flight school states that (d) for designating a check instructor delete the existing requirement for a the limitations inherent in the proposed apparently confuse certain commenters person who applies as an assistant chief rule on the use of school-employed who may be unsure whether it is an ground instructor to have 1 year of examiners are not justified, and could optional change or a mandatory change. experience as a ground instructor at a delay checkrides at great cost to the One commenter asks for clarification certificated pilot school. student. The commenter states that ‘‘the regarding the intent, as well as whether No substantive comments were school’s POI should be allowed to the 50 students are to be enrolled at a received on this proposal. continue the best course of action given time or within the past year, and Upon further review, the FAA has concerning the certification process.’’ whether the proposal means a part 141 decided to reinstate the requirement in school with fewer than 50 students existing § 141.36(e). However, this FAA Response: The FAA enrolled cannot conduct flight requirement has been modified to acknowledges the commenter’s concern, instructor proficiency checks and stage provide that to be eligible for and points out that the requirement in checks. designation as an assistant chief § 141.5 that tests be conducted by an FAA Response: The FAA did not instructor for a ground school course, a FAA inspector or an examiner who is intend to mandate the employment of person must have 6 months experience not an employee of the school has been the personnel listed in paragraph (a)(2), as a ground school instructor in a withdrawn from the final rule. The only that, if employed, they be properly certificated pilot school, as opposed to proposed rule is adopted as proposed trained. The final rule modifies this the 1-year experience requirement in the with minor editorial and format language. The final rule also includes existing rule. The proposed rule is changes. references in paragraph (a)(1) and (a)(3) adopted with this change, and other to commercial pilots with a lighter-than- minor editing and formatting changes. 16280 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Section 141.37 Check instructor nonpermanent lighting or shoreline GAMA also comments on proposed qualifications. lighting is available for night seaplane § 141.39 and states that it does not The FAA proposed to include the takeoff and landing operations. provide part 141 schools with the No substantive comments were existing requirements of § 141.37, option of maintaining and inspecting received. Except for the addition of the ‘‘Airports,’’ in proposed § 141.38. their aircraft to part 91 standards. word ‘‘seaplane base’’ in the provisions Proposed § 141.37, ‘‘Check instructor GAMA believes that part 91 for seaplane training in the final rule qualifications,’’ established the maintenance requirements and and other editorial changes, the final inspections are adequate for this proposed qualifications required for a rule is adopted as proposed. segment of the training industry. The person to be designated as a check commenter contends that the proposal instructor. Section 141.39 Aircraft. would provide little benefit but would The FAA proposed to permit certain In Notice No. 95–11, the FAA place a heavy financial burden on an schools approved under part 141 to proposed to expand aircraft important segment of the aviation designate check instructors to conduct maintenance requirements and reformat industry. stage checks and end-of-course tests, this section. An individual commenter states that and instructor proficiency checks. The Proposed paragraph (a)(2) revised the the revised maintenance requirements designated check instructors would be airworthiness certificate requirement. would constitute a hardship for smaller required to hold appropriate flight or The existing rule requires a standard schools; both the progressive inspection ground instructor certificates. airworthiness certificate, except for system and the system of 100-hour/ Comments: A flight school states that aircraft used for flight instruction and annual inspections work well, the the proposal is an ‘‘excellent solo flights in a course of training for commenter states. improvement’’ that will facilitate agricultural aircraft operations, external HAI and NBAA express concern about completion of stage checks and end-of- load operations, and similar aerial work proposed § 141.39(a)(5), which requires course tests for large flight schools and operations. The revised language was that a school’s aircraft used for the reduce costs by not requiring assistant more general and required either a demonstration of instrument skills be chief instructors to travel to FSDOs for standard or primary airworthiness equipped and maintained for IFR testing and approval. The commenter certificate, unless the Administrator operations. NBAA states that most light also states it will reduce the workload determined that, due to the nature of the helicopters used in instrument training, of annual standardization for chief approved course, an aircraft without such as the Robinson R–22, are not instructors of large flight schools. such a certificate may be used. certificated or economically capable of Another commenter requests deletion Proposed paragraph (a)(3)(i) stated being certificated for IFR operations. of the proposed requirement under that aircraft used by a pilot school These commenters suggest that the § 141.37(a)(2)(iii) that a check instructor certificate or a provisional pilot school proposal be modified to ensure that the hold a second-class medical certificate. certificate holder be maintained in rule does not impact instrument training A flight school commenter questions accordance with subpart E of part 91. In under VMC. Specifically, the why only a chief instructor, and not a proposed paragraph (a)(3)(ii), a new commenters propose adding the assistant chief instructor, can give the requirement was proposed. The school’s following language: ‘‘However, for required proficiency test proposed in aircraft were required to be maintained instruction in the control and precision paragraph (a)(2)(vi). under an inspection program for each maneuvering of an aircraft by reference FAA Response: References to medical airframe, aircraft engine, propeller, to instruments, the aircraft may be certificate requirements in this section appliance, and component part equipped as provided in the approved have been deleted from the final rule. maintained. The details of the required course of training. Aircraft not certified For further discussion, see the analysis inspection program were listed in for IFR operations may be used for of § 61.23. After further review, the FAA proposed paragraph (b). instrument training provided the flight has decided to permit the assistant chief Proposed paragraph (a)(4) retained the is conducted under VMC.’’ Individual to give a proficiency test. The assistant existing requirement that aircraft used commenters joined in HAI’s concerns. chief instructor was included as an in flight training must be at least two- Several commenters reference the individual able to give proficiency tests place aircraft with engine-power proposed and existing requirement for because, the FAA has determined that controls and flight controls easily access from either pilot station to engine an assistant chief instructor has the reached and operated from both pilot and flight controls. These commenters qualifications necessary to give stations. state that balloons do not have such proficiency tests to check instructors. Proposed paragraph (a)(5) required controls, and that requiring easy access The final rule reflects this change. that the school’s aircraft used for the to flight controls prevents instruction in demonstration of instrument skills be aircraft with throwover yokes, such as Section 141.38 Airports. equipped and maintained for IFR the Beechcraft Bonanza. The FAA proposed to include the operations. FAA Response: Commenters’ requirements of the existing § 141.37 in Comments: NATA suggests deleting concerns over the proposed inspection this section. The proposed section also the new maintenance requirements for program were noted. Upon reviewing revised the existing rule by permitting an ‘‘inspection program’’ contained in the issue, the FAA has decided not to pilot schools at airports used for night proposed § 141.39(a)(3) and (b). The adopt the proposal in the final rule. The training flight in seaplanes to use commenter states that singling out part inspection program was not proposed adequate nonpermanent lighting or 141 aircraft is discriminatory and for other operations that engage in shoreline lighting approved by the without safety benefits. NATA contends similar types of training under part 61, Administrator. The FAA believes that that this proposal would increase the and would have increased costs with no the existing regulation for permanent cost of training at part 141 schools and commensurate safety benefit. The FAA lighting at all airports used by a pilot may force many students to switch to has determined that compliance with school for night training is not necessary part 61 training. HAI and NBAA voice subpart E of part 91 ensures an adequate at an airport or seaplane base used for similar concerns over this proposed level of safety. Furthermore, the night training flight. Adequate rule. proposal placed part 141 schools at an Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16281 unwarranted economic disadvantage. Comments: A balloon school operator courses to and modify their school The concerns of HAI, NBAA, and objects to the wording in proposed certificate. others, regarding aircraft used for paragraph (a) requiring ‘‘use of a The proposed rule was adopted with instrument training, also were briefing area located at each airport,’’ these changes. considered. In response, the FAA has because balloon schools and some other modified the requirement to apply only types of flight schools may be located at Section 141.55 Training course: to aircraft used in a course involving an area other than an airport, or there Contents. IFR en route operations and instrument may be off-airport briefing areas. The In Notice No. 95–11, the FAA approaches. In response to comments on commenter requests that balloon proposed to change the title of this the required accessibility of flight schools be excluded from the section. In addition, the FAA proposed controls, the words ‘‘flight controls’’ requirement. to permit pilot schools to seek approval have been deleted to accommodate FAA Response: The FAA notes that of training courses that train to a throwover yokes. The reference to ‘‘two- the commenter refers to an existing performance standard and to modify a place aircraft’’ has been changed to requirement. The FAA did not propose pilot school’s quality of training ‘‘two-pilot stations’’ to include training to change this requirement, therefore requirements. in balloons. References to the proposed any change would be beyond the scope term ‘‘supervised pilot in command’’ of this rulemaking. The final rule is Section 141.55 (a), (b), and (c) have been replaced by ‘‘solo’’ as adopted as proposed. The FAA proposed formatting and discussed in the analysis of § 61.1. The Section 141.45 Ground training editorial changes to these sections. No FAA also renumbered this section in the facilities. substantive comments were received on final rule. these changes. The rule is adopted with these Format modifications were proposed changes. for this section. No substantive Section 141.55(d) comments were received, and the final The FAA proposed that, to apply for Section 141.41 Flight simulators, flight rule is adopted as proposed. training devices, and training aids. initial approval of a course that trains students to a standard, the school would In Notice No. 95–11, the FAA Subpart C—Training Course Outline be required to meet the following proposed to change the title of the and Curriculum requirements: (1) hold a pilot school existing § 141.41, ‘‘Ground trainers and Section 141.51 Applicability. certificate and have held that certificate training aids,’’ to ‘‘Flight training for at least the prior 24 calendar months; devices and training aids.’’ The No modifications were proposed for and (2) have an FAA inspector or proposed section included no this section, and it is adopted as designated examiner who is not an substantive changes. proposed. Comments: A flight school refers to employee of the school give the Section 141.53 Approval procedures practical test or knowledge test. Under the proposed regulation on flight for a training course: General. training devices as ‘‘superfluous,’’ the proposal, a school could not request stating that it leads to confusion. In Notice No. 95–11, the FAA approval for a period longer than 24 According to the commenter, flight proposed to change the title of this calendar months. In addition, the training devices are well defined in ACs section. The proposal also required that proposal required pilot schools to 120–40 and 120–45, as amended. The two copies of each training course specify planned ground and flight commenter states that referencing flight outline be submitted to the FAA instead training time requirements for these training devices in this section puts the of the three copies required under the courses. FSDO at odds with the national existing rule. In addition, the proposal Comments: NATA strongly supports simulator program. Another flight required that, commencing 1 year after the FAA initiative of ‘‘training to a school states that the FAA is not doing the effective date of the rule, an standard’’ in part 141. NATA, however, enough to increase the use of flight applicant for a pilot school certificate or finds that the standards needed to meet training devices and simulators. The provisional pilot school certificate the minimum-hour waiver vary in each commenter proposes multiple levels of would only request approval for the local FSDO. The commenter feels that simulators and flight training devices, new training courses. The FAA also this creates unfair discrimination; depending on the task being simulated. proposed formatting changes to this therefore, NATA recommends that these FAA Response: The FAA recently section. standards be regulated and approved on published Amendment No. 61–100. The No substantive comments were a national level but maintained on a FAA has revised the title of this section received on this proposal. After further local level. GAMA also states that to include flight simulators and revised review, the FAA modified the proposal schools training to a standard should the section to conform with the to delete proposed paragraph (c) and not be regulated by a local FSDO definitions of ‘‘flight simulator’’ and replace it with a provision that provides because it leads to a situation where one ‘‘flight training device’’ as set forth in that a training course submitted for large part 141 school with multiple that rule. The proposed rule is adopted approval prior to the effective date of locations is regulated by several FSDOs, with these changes. Those flight training the rule shall, if approved, retain that all with different requirements and devices previously approved under the approval for 1 year. The new provision interpretations of the regulations. provisions of this section may continue further provides that an applicant for a GAMA also suggests regulating these to be used, provided that they continue pilot school certificate or provisional schools at the national level with one to meet the design criteria and pilot school certificate may request FSDO appointed as ‘‘lead’’ for all functional requirements for which they approval of the training courses listed in locations. According to GAMA, a were originally approved. 141.11(b). The FAA implemented this nationally standardized program would change in order to provide adequate be much more beneficial to students and Section 141.43 Pilot briefing areas. time for existing part 141 schools, and the training industry, and such a The FAA proposed formatting schools that are in the process of program would continue to provide a modifications for this section. obtaining approval, to add the new strong level of safety. 16282 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

HAI expresses concerns about the Therefore, in response to the train to a standard. Jeppesen-Sanderson requirements of proposed § 141.55(d). commenter’s question, all students must also opposes this provision. The FAA The commenter states that a small flight be examined by an FAA inspector or an has met with Jeppesen-Sanderson to school may not have 10 students examiner who is not an employee of the obtain clarification of its position on complete the course in the 24-month school. this issue and other issues addressed in period, and therefore the school will be The FAA deleted proposed paragraph its comment. unable to have an approved course with (f) from the final rule because, after One pilot school supports eliminating less than the part 61 requirements. HAI further review, the FAA has determined the interim check requirement for suggests adding language to permit a that this paragraph is unnecessary. The retention of examining authority. school to petition the Administrator for proposal is adopted with the changes FAA Response: After reviewing the provisional continuance for an discussed above, and other minor comments, the FAA continues to believe additional 24-month period in order to editorial changes. that it is important to prohibit pilot allow a small school to remain schools that train to standard from Section 141.57 Special curricula. competitive with a larger school. possessing examining authority. FAA Response: In implementing this No substantive changes were Permitting these schools to have proposal, the FAA intends to monitor proposed for this section, and it is examining authority would not provide the approval process to ensure that a adopted with a minor editorial change. an adequate system of checks and uniform national standard is Subpart D—Examining Authority balances. The proposal is adopted with maintained. FAA has added language to minor editorial changes. paragraph (d)(3) to clarify that a school Section 141.61 Applicability. may not hold examining authority for a Section 141.65 Privileges. training course conducted under this In Notice No. 95–11, the FAA proposed format modifications to this The FAA proposed to permit a pilot paragraph. Regarding HAI’s concerns, if school with examining authority to a school is unable to meet the training section. No substantive comments were received on the proposal. Upon further recommend graduates for all pilot, flight activity requirements of part 141 it instructor, and ground instructor would not be allowed to hold a pilot review, the FAA has decided to retain the format of existing § 141.61. certificates. The proposal eliminated the school certificate. Therefore, the rule is restriction on examiners from adopted as proposed. Section 141.63 Examining authority performing practical tests for the flight Section 141.55(e) qualification requirements. instructor certificate, ATP certificate, and turbojet type ratings. Under the proposal, a school that In Notice No. 95–11, the FAA proposed to change the title of this No substantive comments were received initial approval could receive received on this proposal. The proposal final approval if the school had held section. The proposal also deleted the is adopted with minor editorial changes initial approval for at least 24 calendar requirement that a specific number of to delete those provisions also months and had trained at least 10 graduates pass interim tests for the contained in § 141.67. students for a pilot, flight instructor, or school to retain examining authority. ground instructor certificate or rating, The FAA proposed to modify the Section 141.67 Limitations and and at least 80 percent of those students quality-of-training requirements for a reports. pilot school with examining authority. passed the knowledge test or practical Section 141.67 (a), (b), (c), and (d) test on the first attempt. The test must The proposal required 90 percent of the have been conducted by an FAA graduates of a flight course, in which The FAA proposed to delete the inspector, or by a designated examiner the school desires to obtain or retain current requirement for a student at a who is not an employee of the school. examining authority, to pass a test on pilot school with examining authority to Pilot schools also would be required to the first attempt, given by an FAA complete all of the training course at the specify planned ground and flight inspector or by a designated examiner same school. The proposal permitted up training time requirements for the who is not an employee of the school. to one-half of a student’s credits to be courses. In addition, the proposal specified that transferred from another pilot school. Comments: A pilot school comments pilot schools would not receive The amount of credits that could be that it is unclear whether paragraphs (d) examining authority for training courses transferred would be based on the and (e) require a practical test or a that train to a performance standard. student’s performance on a test given by knowledge test to be administered by an Comments: GAMA and NATA oppose the receiving pilot school. FAA inspector, or an examiner who is the proposal preventing schools that Comments: A pilot school expresses not an employee of the school, for each train to a standard from possessing agreement with the proposal based on applicant or at least 10 students in each examining authority. NATA states that the assumption that the school from course of training. The school the FAA has sufficient expertise and which the student is transferring has recommends that the FAA inspector be manpower to ensure oversight of these examining authority. The school required to administer the minimum schools. GAMA notes that the FAA has comments that a student could do all of number of tests necessary. granted examining authority to a the instrument training at one school, FAA Response: The FAA has added number of schools that hold exemptions transfer to another school, take a final language to paragraph (e)(4) to clarify to train to a performance standard. stage check and graduate from the that a school may not hold examining GAMA suggests that § 141.63(b)(3) be commercial course of the second school, authority for a training course modified to permit schools that train to and never be tested according to the conducted under this paragraph because a standard to use examining authority or PTS on instrument flight skills. the FAA’s philosophy has been to include language ‘‘grandfathering’’ FAA Response: After review of the maintain a system of checks and schools with current examining proposed rule, the FAA has changed the balances to ensure that the schools authority. A number of pilot schools references in paragraphs (d)(1) and providing training do not have a conflict and individual commenters join in (d)(2) from ‘‘knowledge test’’ to ‘‘test’’ to of interest with respect to the objecting to the prohibition on make the language consistent with the administering of the practical test. examining authority for schools that introductory language of paragraph (d). Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16283

Section 141.67(e) Subpart E—Operating Rules other commenters. The FAA notes that the provisions for the transfer of credits The FAA proposed to revise the Section 141.71 Applicability. recordkeeping requirements of this set forth in the proposed rule restate the No modifications were proposed for section. The proposal required pilot existing requirements. However, in this section, and it is adopted as schools with examining authority to response to these concerns, the final proposed. maintain a record of all temporary rule includes a provision to allow for up airmen certificates it issues with a Section 141.73 Privileges. to 25 percent credit for pilot experience and knowledge that was not obtained in chronological listing of specific In Notice No. 95–11, the FAA a part 141-approved training course. information. In addition, the school proposed minor formatting and editing The proposal is adopted with this would be required to maintain a changes to this section. change, and other minor editing and photocopy record containing each The only substantive comments on formatting changes. student’s: (1) Graduation certificate; (2) this section concern the issue of airman application; (3) temporary examining authority for schools that Section 141.79 Flight training. airman certificate; (4) superseded train to a standard. These comments In Notice No. 95–11, the FAA airman certificate, if applicable; and (5) were addressed in the discussion of proposed revisions to the instructor knowledge test and practical test results. § 141.63. The proposal is adopted proficiency requirements of this section. The proposal also required that the without change. Proposed paragraph (c) required the school make the proposed record of all assistant chief instructors, in addition to temporary airman certificates available Section 141.75 Aircraft requirements. the chief instructor, to complete at least to the Administrator upon request and In Notice No. 95–11, the FAA added once every 12 calendar months, an to surrender the proposed record of all the proposed test pilot and special approved syllabus of training consisting temporary airman certificates to the operations courses to the list of courses of ground training or flight training, or Administrator on expiration of each for which an aircraft certificated in the both, or an approved flight instructor school’s examining authority. restricted category may be used. The refresher course. Upon further review, the FAA proposal also permitted the use of Proposed paragraph (d) revised the determined that a time limit for aircraft with a primary airworthiness flight and proficiency checks required of maintaining the records required by certificate. flight instructors. paragraph (e) should be added to the No substantive comments were Proposed paragraph (e) replaced the rule. Paragraph (e) is modified in the received on this proposal. In the final phrase ‘‘designated chief instructor or final rule to require that these records be rule, the term ‘‘solo’’ is substituted for his assistant’’ with the language ‘‘chief maintained for 1 year. This is current the term ‘‘supervised pilot in instructor, assistant chief instructor, or FAA policy under Order No. 8700.1, command’’ for reasons discussed in the check instructor’’. This change ‘‘General Aviation Operations analysis of § 61.1. The proposed rule is permitted the assistant chief instructor Inspector’s Handbook.’’ adopted with this change and other or check instructor, in addition to the chief instructor, to administer Section 141.67(f) minor editorial changes. proficiency checks to a school’s The FAA proposed to require pilot Section 141.77 Limitations. instructors. schools with examining authority to In Notice No. 95–11, the existing Comments: HAI opposes the submit each graduate’s application for reference to ‘‘flight check or written test, requirement in proposed § 141.79 that an airman certificate within 7 days after or both’’ was replaced with the phrase both the chief and assistant chief flight the graduate passes the required ‘‘proficiency test or knowledge test or instructors must attend refresher knowledge test or practical test. both’’. The tests could include a flight training. HAI recommends retaining the Comments: A pilot school states that check, a review of the student’s current requirement that only the chief it may not always be possible to meet aeronautical knowledge, or both. The instructor must attend such training. the 7-day requirement because a student FAA also proposed minor editing and The commenter also recommends the may take the practical test without formatting changes to existing addition of the wording ‘‘or an meeting all graduation requirements, for provisions for the transfer of credits equivalent level of training acceptable to example, ground school may not be from one part 141-approved school to the Administrator,’’ to allow schools to completed. The school believes that the another part 141-approved school. conduct their own approved refresher requirement would place an undue Comments: HAI comments on training for all instructors. hardship on the school and the student proposed § 141.77(c) regarding the FAA Response: The final rule since all students would be attempting transfer of credits. The commenter includes references to commercial pilots to take the final practical test at the recommends retaining current rule with a lighter-than-air rating in same time. language and states that 100 percent of paragraphs (a), (b), and (d). With regard FAA Response: Upon further review, a student’s credits should transfer from to HAI’s comment, the rule does not the FAA has decided to delete the 7-day one part 141 school to another. If the require the chief or assistant chief flight requirement from the final rule. The student is transferring from a school not instructors to attend a commercially FAA notes that the schools should certificated under part 141, then 50 sponsored refresher training course. It submit the required documents to the percent of the credits should transfer. has always been the FAA’s position that FAA in a timely fashion. The FAA also The operator of a balloon school and schools could develop their own has retained the existing requirement for repair station states that proposed refresher training for chief instructors or a school to submit a graduate’s training § 141.77(c)(2), which provided that only assistant chief flight instructors. These record. In the final rule, the FAA added previous training from a part 141- courses may be submitted to the FAA the training record to the list of approved school could be credited in a for approval. Regarding the proposal for documents that must be submitted after transfer to a new school, would be a the assistant chief instructor to receive a student passes the knowledge test or disincentive to students. annual training, the FAA believes that practical test. The proposal is adopted FAA Response: The FAA in light of the responsibilities and duties with minor editorial changes. acknowledges the concerns of HAI and of the assistant chief instructor it is 16284 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations necessary to require that person to of another chief instructor. The proposal because this information is already maintain currency and proper permitted the assistant chief instructor recorded in the school records and the qualification. or check instructor to perform stage student’s logbook. The proposed rule is adopted with checks and end-of-course tests during FAA Response: The commenter’s these changes, and editing and this time. Proposed paragraph (d) concerns are noted; however, the formatting changes. required a school to cease operations disputed language is a continuation of after 60 days if a new chief instructor an existing requirement. Except for Section 141.81 Ground training. has not been designated and approved. minor editing changes, the final rule is The FAA proposed minor editorial Proposed paragraph (e) set forth the adopted as proposed. and format changes to this section. The provisions for reinstatement of the Subpart F—Records proposal also replaced the phrase school’s certificate. ‘‘designated chief instructor or his No substantive comments were Section 141.101 Training records. assistant’’ with ‘‘chief instructor’’, received on this section, and it is ‘‘assistant chief instructor’’, or ‘‘check The FAA proposed to reformat this adopted as proposed with minor section. No substantive comments were instructor’’, as appropriate. editorial changes. No substantive comments were received, and, except for minor received on this section. The final rule Section 141.89 Maintenance of formatting and editing changes, the final includes references to commercial pilots personnel, facilities, and equipment. rule is adopted as proposed. with a lighter-than-air rating in In Notice No. 95–11, the FAA Appendix A—Recreational Pilot paragraph (a). The proposed rule is proposed editorial modifications to this Certification Course adopted with this change. section. The FAA also added references In this appendix, the FAA proposed to assistant chief instructor and check Section 141.83 Quality of training. to establish criteria for a certification instructors to proposed paragraph (b). course for recreational pilot certificates. The FAA proposed to reformat and No substantive comments were This addition was intended to revise the language of this section. The received on this section, and it is encourage further general aviation proposal also modified the quality of adopted as proposed with a minor training activity. The course in existing training requirements. Each pilot school editorial change. or provisional pilot school was required appendix A, ‘‘Private Pilot Certificate to provide training that meets the Section 141.91 Satellite bases. Course (Airplanes),’’ was moved to requirements of § 141.5(d). The FAA proposed minor editorial proposed appendix B. Under the No substantive comments were changes for this section. No substantive proposal, a person was also required to received on this proposal, and it is comments were received on this hold a student pilot certificate prior to adopted as proposed with minor proposal, and it is adopted as proposed enrolling in the flight portion of the editorial changes. with minor editorial changes. recreational pilot certification course. The proposed course required a Section 141.85 Chief instructor Section 141.93 Enrollment. minimum of 20 hours of ground training responsibilities. In this section, the FAA proposed to on the same aeronautical knowledge The FAA proposed to revise this eliminate the requirement for a pilot areas that were proposed in part 61 for section to clarify that the chief school to send a copy of each a recreational pilot certificate. The instructor serves in a supervisory role at enrollment certificate to the local FAA proposed course consisted of a a pilot school. The proposal replaced FSDO. However, the proposal required minimum of 30 hours of flight training, the existing requirements for the chief a school to maintain a monthly listing including 15 hours of training from an instructor to ‘‘conduct’’ checks and tests of persons enrolled in each course at the authorized flight instructor and 3 hours with language providing that the chief school. of supervised pilot in command instructor is to ‘‘ensure’’ these checks Comments: NATA opposes the training. The proposal set forth specific and tests are accomplished. In addition, proposed rule’s deletion of the prior areas of operation for each aircraft the FAA proposed paragraph (c) to requirement to furnish students with a category and class rating. permit the chief instructor to delegate copy of its safety procedures and The proposed course was designed to authority for conducting stage checks, practices, including items as specified allow schools flexibility in developing end-of-course tests, and flight instructor in the existing § 141.93(a)(3). their recreational pilot certification proficiency checks to the assistant chief FAA Response: The FAA course with the individual student in instructor or a check instructor. inadvertently omitted existing mind. For example, a student who had No substantive comments were paragraph (a)(3). This requirement is previous aviation experience and received on this section. In paragraph retained in the final rule. The proposed proved particularly competent may be (a)(2) of the final rule, the FAA replaced rule is adopted with this change. able to complete training for a the term ‘‘instructor’’ with ‘‘certificated recreational private pilot certificate with Section 141.95 Graduation certificate. flight instructor, certificated ground only the minimum 30 hours of flight instructor, and commercial pilot with a Minor editorial modifications were training time, including the required 15 lighter-than-air rating’’. The final rule is proposed for this section. hours of flight training time from an adopted with this change and other Comments: A balloon school states authorized flight instructor and 3 hours minor editorial changes. that the requirement in proposed of supervised pilot in command flight § 141.95(b)(7) that graduation time. However, a student pilot who did Section 141.87 Change of chief certificates contain ‘‘a statement not have previous aviation experience instructor. showing the cross-country training the or who trained infrequently may need The FAA proposed to revise this student received’’ does not make sense, more time than the minimum specified section to allow the assistant chief especially for balloon training, because hours of flight training time. The instructor to act in the capacity of the virtually all training entails cross- student pilot and flight instructor may chief instructor for 60 days while country flight. The commenter states need to tailor the training to include 27 awaiting the designation and approval that the requirement should be deleted, hours of flight training time from an Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16285 authorized flight instructor and 3 hours of course of training for a glider or permitting a maximum of 5 flight hours of supervised pilot in command flight balloon rating, had a signed and dated or 15 percent of the approved private time, or some combination of those application that the person had no pilot course total-hour requirement to be hours. known medical defects that made that credited, whichever is less. The FAA decided not to specify the person unable to pilot a glider or a HAI expresses concern that the maximum time that could be credited balloon. proposed supervised pilot in command for stage checks and end-of-course tests The proposed minimum ground provisions require students to perform for the approved training course training requirements consisted of the maneuvers involving emergency requirements. The FAA believed that same aeronautical knowledge areas as procedures. A flight school states that the individual school, along with the proposed in part 61 for a private pilot the 5-hour minimum supervised pilot in local FAA FSDO, were better able to certificate. The proposal set forth command requirement is inadequate for determine how much time should be specific flight training requirements for airplane single-engine and multiengine permitted for stage checks and end-of- each aircraft category and class rating. courses. The commenter suggests 7 course tests for each syllabus. After The proposed flight training hours, with at least two cross-country receiving course approval, the FAA and requirements consisted of the same flights to different locations, and the school would continue to monitor approved areas of operation proposed in landings at three airports for each cross- the average length of time that it takes part 61 for a private pilot certificate. The country flight. Several flight schools and to conduct a specific stage check or end- proposal included reductions in solo individual commenters express similar of-course test, and would be prepared to flight training time, but preserved the concerns regarding the reduced solo and modify the syllabus when needed. minimum total time requirements in the cross-country time requirements. One Comments: EAA and NAFI support existing rule. As discussed in the flight school recommends at least 10 the addition of a recreational pilot analysis of appendix A, the proposed hours of solo time. Another flight school certification course to part 141. course was designed to allow schools commenter opposes the proposed FAA Response: In the final rule, flexibility in developing course requirement for 3 hours of instrument references to the proposed term requirements with the individual training, stating that this is an especially ‘‘supervised pilot in command’’ are student in mind, the FAA proposed to heavy burden on part 141 schools replaced with the term ‘‘solo’’ for the permit each school to tailor the course transitioning students to instrument reasons discussed in the analysis of requirements around the student’s training immediately upon completion proposed § 61.1. The proposed term needs. of the private pilot curriculum. This ‘‘authorized flight instructor’’ is Existing appendix A requires an commenter requests permitting part 141 replaced with the term ‘‘certificated applicant for a private pilot certificate students to complete the requirement in flight instructor’’ to indicate that only with an airplane category rating to simulators. instructors certificated under part 61 perform five takeoffs and five landings Jeppesen expresses concern regarding may provide the training specified in at night, as the sole manipulator of the the overall principle of class-specific this section. Proposed paragraph (b) of controls. The FAA proposed to require training in appendixes B through J. The section No. 2, which required that a an applicant for a private pilot commenter is concerned that the new signed and dated statement be affixed to certificate with an airplane, rotorcraft, system removes any remaining the application for a recreational pilot or powered-lift category rating to receive flexibility in part 141 regarding aircraft certificate certifying that no known at least 3 hours of night flight training, usage, effectively requiring flight medical defect exists that would make including one cross-country flight, and schools, for economic reasons, to offer the pilot unable to pilot an aircraft, is to perform 10 takeoffs and 10 landings their courses as either all single-engine deleted from the final rule. As discussed at night. The proposal included the courses or all multiengine courses. in section IV, A of this preamble, § 61.23 provisions of proposed § 61.110 of this According to the commenter, this could of the final rule includes medical chapter that exempt certain applicants place part 141 schools at a disadvantage certificate requirements for student from the night flying certification compared to part 61 schools, which pilots who seek recreational pilot requirements. retain greater flexibility. certificates. The proposal also required private A balloon school objects to the term pilot applicants for an airplane, ‘‘balloonport’’ in proposed paragraph Appendix B—Private Pilot Certification powered-lift, and airship rating to (4)(c)(9) because it is not a standardized Course complete at least 3 hours of instrument term, and is a proprietary name for a The FAA proposed criteria for a training in the same category and class balloon dealership. The term ‘‘Airport certification course for a private pilot of aircraft for which the rating is sought. and balloon launch site operations’’ is certificate for each aircraft category and As noted in appendix B, the FAA suggested. class rating. The course in existing decided not to specify the maximum FAA Response: In response to appendix B, ‘‘Private Test Course time that could be credited for stage NATA’s comment regarding the (Airplanes),’’ was eliminated. checks and end-of-course tests. requirement that an individual hold a Proposed appendix B included Comments: NATA states that there is student pilot certificate before enrolling courses found in existing appendixes A no safety evidence to support the in a part 141 private pilot certification and F. Proposed appendix B reflected requirement in proposed paragraph course, the FAA has determined that the proposals in part 61 to establish a (2)(a) that a person have a student pilot this requirement is not unduly powered-lift category rating, and to certificate before enrolling in a part 141 burdensome. Under § 61.23, a student establish separate class ratings for private pilot certification course. The pilot is required to obtain a third-class powered gliders and nonpowered commenter believes that the current medical certificate once he or she gliders. requirement to obtain the certificate conducts solo flight in an aircraft other The FAA proposed to require that a prior to a student’s first solo is adequate. than a glider or a balloon. person who desired to enroll in the NATA also opposes the reduction in The objections of some commenters to flight portion of a course hold: (1) a allowable flight training device credit to the reduction in solo flight time student pilot certificate, and (2) a third- 10 percent of the total flight training required were considered, but the FAA class medical certificate, or in the case hour requirements. NATA recommends has determined that safety will not be 16286 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations compromised by a reduction in solo training procedures exceeded normally Appendix C—Instrument Rating Course flight time because the total number of accepted industry practices. The FAA proposed criteria for an hours remains unchanged. The FAA Additionally, the FAA deleted solo instrument rating course. The proposed also notes that schools will have more flight requirements for a rating in a gas appendix included courses found in discretion in determining how best to balloon and an airship. In the final rule, existing appendixes C, F, and H, as well use required training time. the student is not required to meet any as courses for the proposed powered- In the final rule, the FAA deleted any solo flight training requirements, and lift, airship, airplane single-engine, and requirement for solo flight training in a must perform the duties of pilot in airplane multiengine instrument ratings. multiengine aircraft. The final rule command while under the supervision To enroll in the flight portion of the requires a student to perform the of a commercial pilot with the course, the FAA proposed that a student functions of a pilot in command while appropriate lighter-than-air rating. This hold: (1) a private pilot certificate with under the supervision of a certificated change was adopted because insurance an aircraft category and class rating flight instructor. A flight instructor may companies would not permit solo flights appropriate to the instrument rating for therefore accompany a student on board in gas balloons or airships by student which the course applies, and (2) at the aircraft during this flight time. The pilots. FAA notes that solo time in a least a third-class medical certificate. In response to concerns about the use The proposed ground training multiengine aircraft may be impractical of the word ‘‘balloonport,’’ that term has provisions included the same due to liability insurance concerns. been deleted from the final rule. The The helicopter and gyroplane solo aeronautical knowledge areas as FAA determined that ‘‘balloonport’’ is proposed in part 61 for an instrument cross-country provision is clarified to not a commonly used term, and has require that at least one segment of the rating, including windshear avoidance, replaced it with the term ‘‘airport’’. and aeronautical decision making and flight include a straight-line distance of The FAA has modified the appendix at least 25 nautical miles between the judgment. The proposal retained the to conform with the definitions of existing requirement for 30 hours of takeoff location and landing location. ‘‘flight simulator’’ and ‘‘flight training In response to HAI’s comment ground training for an initial instrument device’’ set forth in Amendment No. 61– regarding the performance of emergency rating. The FAA also proposed a 30- 100. In response to the objections maneuvers without an instructor on hour ground training requirement for an board the aircraft, the FAA notes that concerning credit for flight simulator initial instrument rating. The FAA other training maneuvers, such as stalls and flight training device time, the proposed a requirement for 20 hours of and slow flight, are routinely performed maximum possible credit for flight ground training for an additional in solo flight by pilot applicants that, simulators that meet the requirements of instrument rating, as opposed to the when improperly performed, may result § 141.41(a) is 15 percent in the final existing requirement of 15 hours in the in situations that adversely affect the rule. The maximum possible credit for test preparation course. The FAA safety of the flight. The FAA contends flight training devices that meet the believed the increase was necessary that these maneuvers, when properly requirements of § 141.41(b) is 7.5 because of proposed reductions in the performed, pose no adverse risks to the percent in the final rule. These changes pilot experience requirements, and the safety of the flight. Flight instructors correct an inadvertent reduction in the different knowledge, skills, and abilities should ensure that emergency time that could be credited for training required for each instrument rating. maneuvers, like other maneuvers, are received in a flight simulator or flight The proposal required flight training only performed in solo flight after an training device when the FAA changed on the same areas of operation as instructor determines that such the basis on which flight time could be proposed in part 61 for an instrument maneuvers may be safely performed by credited form hours to a percentage of rating. In addition, the proposed the applicant and under any restrictions the flight training time. The FAA also appendix clarified the existing that the flight instructor may establish notes that training received in a flight requirement for cross-country flight by to ensure the safety of the flight. simulator or flight training device may requiring a minimum straight-line The FAA has deleted from the final not be used to satisfy more than 15 distance between airports for one of the rule the exception to the night training percent of the flight training segments of the flight. requirement because the exception requirements in the final rule. A minimum of 35 hours of flight applies to the individual airman rather In the final rule, references to the training time was proposed for initial than to the course. The FAA also has proposed term ‘‘supervised pilot in instrument ratings. This is the minimum removed medical certificate command’’ are replaced with the term training time currently required for an requirements from this appendix ‘‘solo’’, where appropriate, for the instrument rating in an airplane or a because these requirements are reasons discussed in the analysis of helicopter. The proposal provided for a addressed in § 61.23. § 61.1. The proposed term ‘‘authorized percentage of the minimum flight Proposed provisions for separate instructor’’ is replaced with training hours to be obtained in a flight powered and nonpowered classes ‘‘certificated flight instructor or training device. within the glider category requirements commercial pilot with a lighter-than-air As discussed in appendix A, the FAA are consolidated under a single set of rating’’, as appropriate, because the term has decided not to specify the maximum requirements for the glider category for ‘‘authorized instructor,’’ while time that may be credited toward the reasons discussed in section IV,F. applicable to part 61, is too broad a term total hour course requirements for stage In the final rule, the FAA has for use in part 141. checks and end-of-course tests. decreased the ascent training With regard to Jeppesen’s concerns Comments: HAI states that a student requirements from 5,000 feet above the about class-specific training, the FAA should be able to concurrently enroll in surface to 3,000 feet above the launch notes that part 141 schools will not be private, instrument, and commercial site for gas balloons, and from 3,000 feet placed at a disadvantage because pilot certification courses, and therefore above the surface to 2,000 feet above the training conducted under part 61 is also the commenter recommends deletion of launch site for balloons with airborne class specific. paragraph (2)(a). HAI also suggests heaters. After further review, the FAA The rule is adopted with these modifying paragraph (b) of section No. has determined that the proposed ascent changes. 4 to require a minimum of 10 hours of Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16287 the instrument training time in an for single-engine and multiengine pilot certificate. Proposed appendix D aircraft for an initial instrument rating, instrument ratings, the requirements for included courses found in the existing and a minimum of 5 hours of the the proposed multiengine instrument appendixes D and F. The proposed instrument training time in an airplane rating course are excessive. appendix included a powered-lift for an additional instrument rating. FAA Response: In response to HAI’s category rating and separate class HAI, NATA, and NBAA object to the comment regarding the requirement that ratings for powered gliders and provisions for the crediting of time pilots enrolling in an instrument rating nonpowered gliders. spent training in a flight training device. course hold at least a private pilot To enroll in the flight portion of the NATA and NBAA state that the 10 certificate, the FAA determined that the course, the proposal required a person percent credit for the use of flight minimum certificate level for persons to to hold: (1) a private pilot certificate training devices is insufficient. The be able to adequately understand with the category and class rating commenters argue that part 141 schools instrument training concepts is at the appropriate to the ratings for which the would be placed at a disadvantage private pilot certificate level. With course applies, and (2) at least a third- compared to schools conducting regard to HAI’s concerns about the class medical certificate, or present a training under part 61, and that trends instrument helicopter cross-country signed and dated statement by the in simulation technology dictate more, requirements, the FAA notes that it is person certifying that the person not less, use of flight training devices. the FAA’s intent to require a person to enrolling has no known medical defect NATA recommends a credit of 50 file an instrument flight plan and that makes that person unable to pilot percent of the total flight training time perform a flight under IFR, although not a glider or a balloon. of the approved instrument flight course necessarily under IMC. In addition, if the course was for a or of the section, whichever is less. With respect to objections to proposed rating in an airplane, a powered-lift, or NBAA asks for clarification on whether provisions for separate single-engine an airship, the proposal required the the 10 percent credit for training in a and multiengine airplane instrument student to: (1) hold an instrument rating flight training device also applies to ratings, the FAA notes that the separate appropriate to the aircraft category and recreational, private, and commercial instrument ratings were not adopted in class rating for which the course certificates and, if so, the commenter the final rule. This decision was applies, or (2) be concurrently enrolled recommends that those limits be discussed in section IV,D. The proposed in an instrument rating course for which changed to equal those authorized in provision for an instrument airship the course applies, and satisfactorily part 61. NBAA also comments that rating is deleted from the final rule for accomplish the required practical test Notice No. 95–11 does not go far enough the reasons discussed in section IV,D. prior to completing the commercial The FAA has modified the appendix to integrate personal computer-based pilot practical test. aviation training devices into all phases to conform with the definitions of The proposed ground training of flight training. These views are ‘‘flight simulator’’ and ‘‘flight training consisted of the same aeronautical echoed by several large flight schools, device’’ set forth in Amendment No. 61– knowledge areas as proposed in part 61 including ERAU and UND Aerospace, as 100. Regarding comments on credit for for a commercial pilot certificate. A well as Jeppesen and several individual training received in flight simulators minimum of 100 hours of ground commenters. These commenters state and flight training devices, the FAA did that the 10 percent limitation, especially not intend to remove the prior provision training was required for an airplane, in the case of the instrument rating, permitting up to one-half of the powered-lift, or airship rating. One drastically reduces the maximum instrument training time to be received hundred hours of ground training is available credit in comparison to the in an approved ground trainer. currently required for an airplane existing rule. One commenter states that Therefore, the maximum possible credit category rating. The proposal retained the proposed change would reduce the allowed for training in a flight simulator the existing hour requirements for quality of training and raise costs. The that meets the requirements of ground training for a rotorcraft, glider, commenter states that it can provide § 141.41(a) is 50 percent in the final or balloon rating. more quality training in Frasca 141 and rule. The maximum credit for training The proposed flight training included 142 training devices than in aircraft. in a flight training device that meets the the same areas of operation as proposed GAMA is concerned that under the requirements of § 141.41(b) is 25 percent in part 61 for a commercial pilot proposal it appears that the credit in the final rule. The FAA also notes certificate. The proposal set forth allowed for training received in a that training received in flight specific flight training requirements for simulator or flight training device in an simulators or flight training devices may each aircraft category and class rating. instrument rating course would be not be used to satisfy more than 50 The proposed minimum dual and solo drastically reduced. According to percent of the instrument flight training flight training time requirements were GAMA, more flight training device requirements in the final rule. far lower than those of the existing credit would be received under part 61 The reference to medical certificate appendix D. However, this proposed than under the proposed rule for part requirements in proposed paragraph (b) change was based on the assumption 141. GAMA believes that this would of section No. 2 is deleted because that the applicant would have to also discourage schools from applying for medical certificate requirements are meet the minimum time requirements part 141 approval. GAMA recommends now contained in § 61.23. See the for part 61. The proposal required that retaining the credit allowed under the analysis of § 61.23 for further a person meet the aeronautical existing rules. discussion. experience requirements of part 61 for a HAI objects to the instrument The proposed rule is adopted with commercial pilot certificate upon helicopter cross-country requirement in these changes and other minor editorial completion of the course. The proposed proposed paragraph (4)(c)(3)(i) because changes. appendix also included the training helicopters such as the modifications to the dual cross-country Robinson R–22 are not certificated for Appendix D—Commercial Pilot flight requirements in proposed part 61. IFR flight. Certification Course The FAA decided not to specify the ERAU states that, while it agrees with The FAA proposed criteria for a maximum time that may be credited for the principle of separate requirements certification course for a commercial stage checks and end-of-course tests for 16288 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations the same reasons discussed in the provide for a 250-nautical-mile flight, a balloon rating. The FAA notes that a analysis of appendix A. and recommends that these commercial pilot must hold a private The FAA proposal omitted provisions requirements be aligned with those of pilot certificate in order to enroll in a related to flight instruction in the part 61. The commenter also expresses commercial pilot certification course, specified areas of operation for the the same safety concerns regarding the therefore, the requirements in the final lighter-than-air category ratings because helicopter night solo requirements that rule are equivalent to the current separate instructor ratings were it expressed regarding similar requirements of appendix D. proposed for those classes. requirements in part 61. In the final rule, the FAA also has Comments: HAI states that a student A balloon school expresses several increased the dual flight training time should be able to concurrently enroll in objections to the commercial course requirements. The final rule provides a private, instrument, and commercial requirements. The commenter states for 55 hours of flight instruction for an pilot certification course. that no justification was presented for airplane, powered-lift, or airship rating, The Department of Veterans Affairs/ increasing the number of required and 30 hours of flight instruction for a Veterans’ Benefits Administration (VA) flights from 8 flights in the existing rule rotorcraft rating. For a glider rating, the states that it has received comments to 10 flights. The commenter similarly rule requires four hours of flight from pilot school organizations opposes the requirement for two flights instruction, including five flights regarding Notice No. 95–11. These in a balloon in preparation for the involving launch/tow procedures and comments express a concern that practical test. The commenter also states the training on appropriate areas of appendix D would ‘‘require a complete that the terms ‘‘weight and balance,’’ operation. The flight training and radical restructuring of current ‘‘air navigation facilities,’’ ‘‘performance requirements for a balloon course commercial pilot courses.’’ The maneuvers,’’ and ‘‘above the surface’’ remain as proposed, except the FAA has commenter, nonetheless, recommends are inappropriate for balloon operations. decreased the required ascent for gas revising paragraph (2)(a)(4) to make its The latter term should be replaced with balloons from 10,000 feet above the provisions clear, or that this issue be the phrase ‘‘above the launch site’’. The surface to 5,000 feet above the launch dealt with in the preamble. Several same commenter also shares HAI’s view site. For balloons with airborne heaters, individual commenters state that the VA that the proposed requirement for the ascent requirement was reduced prohibits concurrent enrollment in maneuvers involving emergency from 5,000 feet above the surface to separate flight training courses as operations in solo flight is hazardous. 3,000 feet above the launch site. After permitted by the proposal. FAA Response: In the final rule, the further review, the FAA has determined HAI states that there are no required aeronautical knowledge that the proposed ascent training advantages for part 141 schools if their training time has been modified. For the procedures exceeded accepted industry students must meet part 61 flight airplane category, powered-lift category, practice. training time requirements. GAMA and and airship class rating, the proposed The title of section No. 5 of this NATA express similar concerns and 100 hours has been reduced to 65 hours. appendix is changed in the final rule state that the proposal effectively For the rotorcraft category, the proposed from ‘‘supervised pilot-in-command increases the part 141 commercial pilot 65 hours have been reduced to 30 hours. training’’ to ‘‘solo training’’. As minimums from 190 hours to 250 hours. For the glider category, the proposed 25 previously discussed, the FAA has GAMA contends that since a private hours has been reduced to 20 hours. The decided to retain the term ‘‘solo’’ in the pilot certificate is a prerequisite for balloon class rating requirement final rule. For the reasons previously enrollment, the newly proposed remains unchanged from the 20 hours discussed, the FAA has withdrawn the commercial pilot certification course proposed. requirement for solo flight training in a would not include the elements of the The FAA did not intend to remove the multiengine airplane, an airship, and a private pilot certification course prior ability of pilots to obtain gas balloon. The final rule requires a currently allowed under part 141. certificates under part 141 with less student to perform the functions of pilot NATA believes that the proposal to than the aeronautical experience in command in a multiengine aircraft increase the minimum number of hours requirements specified in part 61. The while under the supervision of a in the commercial pilot certification FAA therefore has withdrawn the certificated flight instructor, or in an course could hurt the economic viability requirement that graduates of a part 141 airship or gas balloon while under the of many part 141 schools. Several flight commercial pilot certification course supervision of a commercial pilot with schools and other commenters echo meet the aeronautical experience an airship rating or balloon rating, as these concerns, stating that ‘‘directed requirements prescribed in part 61 for appropriate. training’’ at a part 141 school prepares commercial pilots. This provision The solo cross-country requirements applicants better than less regulated would have resulted in a major shift for helicopter and gyroplane ratings are training under part 61, and makes the from the FAA’s long standing position decreased in the final rule from 250 higher-hour requirement unnecessary that part 141 graduates, even though nautical miles to 50 nautical miles to for part 141 schools. they may not meet the requirements of conform with part 61 and existing part HAI opposes the provisions for the part 61, have training equivalent to the 141 requirements. The exception for crediting of training received in a flight training requirements of part 61. As a cross-country flights in Hawaii was training device. HAI references similar result of withdrawing this proposal, the deleted in light of the reduction in the comments it expressed on proposed FAA had to increase the aeronautical distance requirement. For the reasons appendix C. NATA recommends that experience requirements from the discussed in the analysis of appendix B, the rule permit a credit for a maximum requirements proposed in Notice No. the night flying exception of § 61.131 of 20 flight hours or 25 percent of the 95–11. The final rule provides for 155 was removed from section No. 5. approved commercial pilot course, hours of total flight training time for an The FAA has modified the appendix whichever is less. Flight schools and airplane, powered-lift, or airship rating; to conform with the definitions of individual commenters express similar 115 hours of total flight training time for ‘‘flight simulator’’ and ‘‘flight training views. a rotorcraft rating; 6 hours of total flight device’’ set forth in Amendment No. 61– HAI notes that the proposed training time for a glider rating; and 10 100. The maximum possible credit for helicopter cross-country requirements flight hours and eight training flights for flight training received in a flight Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16289 simulator that meets the requirements of The proposed ground training The FAA revised the proposed § 141.41(a) is 20 percent in the final requirements consisted of the same eligibility requirements for enrollment rule. For flight training devices meeting aeronautical knowledge areas proposed in an airline transport pilot certification requirements of § 141.41(b), the in part 61 for an ATP certificate, course by modifying proposed maximum credit is 10 percent in the including windshear avoidance, and paragraph (c) of section No. 2 to indicate final rule. The FAA also notes that aeronautical decision making and that an applicant must comply with the training received in flight simulators or judgment. The course continued to requirements of subpart G of part 61 flight training devices may not be used require 40 hours of ground training. prior to enrollment and not upon course to satisfy more than 50 percent of the The proposed flight training consisted completion as originally proposed. The flight training requirements in the final of the same approved areas of operation FAA has also retained the proposal set rule. as proposed in part 61 for an ATP forth in proposed paragraph (a)(2) of For the same reasons discussed in the certificate. The course continued to section No. 4 to require at least 25 hours analysis of proposed § 61.129, category- require 25 hours of flight training with of flight training on the approved areas and class-specific references to the at least 15 hours of instrument flight of operation. Fifteen hours of this required instrument training time for training. The FAA decided not to training is instrument training. The FAA helicopters and gyroplanes are deleted specify the maximum time that may be notes that these requirements are more in the final rule. credited for stage checks and end-of- stringent than those specified in part 61, In the final rule, the proposed course tests for the same reasons however, the FAA also notes that a references to medical certificate previously stated in appendix A. school may obtain approval for a course requirements were removed, because Comments: HAI opposes the proposal with fewer hours if the course is medical certificate requirements are in paragraph (4)(b), which provides for approved in accordance with the addressed § 61.23. See the analysis of the crediting of flight training received provisions of § 141.55. that section for further discussion. in a flight training device, and The final rule is adopted with these In response to HAI’s proposal to recommends that a minimum time of 10 changes and minor editing and permit student pilots to concurrently hours in an aircraft be specified for an formatting changes. enroll in a private, instrument, and ATP course. Several other commenters, Appendix F—Flight Instructor commercial pilot certification course, including some flight schools, stated Certification Course the FAA determined that the skills and that the 10 percent credit is insufficient. knowledge gained in a private pilot A flight school commenter objects to The FAA proposed to establish a certification course are necessary establishing more stringent separate appendix for flight instructor prerequisites to enrollment in an requirements for the ATP Certification certification courses. The proposed instrument or commercial pilot Course than are normally necessary for appendix included the proposals in part certificate course. training under part 61, and cites the 61 to establish: (1) A powered-lift With respect to concerns expressed requirement for 25 hours of flight category rating, (2) separate class ratings about concurrent enrollment in the training under part 141, when the for powered gliders and nonpowered commercial pilot course and the average flight training under part 61, gliders, and (3) a flight instructor instrument rating course, the FAA notes according to the commenter, is 10 certificate for the lighter-than-air that concurrent enrollment is not a hours. The commenter also cites the 40 category. requirement but an option an individual hours of ground training under part 141, To enroll in the flight portion of the may choose to exercise, depending on compared with no similar requirement course, the FAA proposed that a person his or her circumstances. under part 61. must hold: (1) A commercial certificate The proposed rule is adopted with FAA Response: The FAA has or an ATP certificate with an aircraft these and other editorial changes. modified the appendix to conform with category and class rating appropriate to the definitions of ‘‘flight simulator’’ and the rating for which the course applies, Appendix E—Airline Transport Pilot ‘‘flight training device’’ set forth in and (2) an instrument rating in an Certificate Course Amendment No. 61–100. Upon review aircraft that is appropriate to the aircraft The FAA proposed criteria for a of concerns regarding the credit category and class for which the course certification course for an ATP limitation on training received in a applies if the course was for an airplane, certificate with an airplane, helicopter, flight simulator or flight training device, airship, or powered-lift instructor rating. or powered-lift rating. The course in the maximum possible credit allowed The proposed ground training existing appendix E, ‘‘Commercial Test for training in a flight simulator that consisted of the same aeronautical Course (Airplanes),’’ was eliminated. meets the requirements of § 141.41(a) is knowledge areas as proposed in part 61 Proposed appendix E included 50 percent in the final rule. The for a flight instructor certificate. The requirements found in existing maximum credit for training in a flight course continued to require a minimum appendix H, and also included training device that meets the of 40 hours of ground training for an provisions for the proposed powered-lift requirements of § 141.41(b) is 25 percent initial flight instructor certificate and 20 category rating. in the final rule. The FAA notes that hours for an additional flight instructor To enroll in the flight portion of the training received in flight simulators or rating. course, the FAA proposed that a person flight training devices may not be used The proposed flight training consisted be required to: (1) Hold a commercial to satisfy more than 50 percent of the of the same areas of operation as pilot certificate with the category and flight training requirements of the final proposed in part 61 for a flight class ratings for which the course rule. These changes were necessary to instructor certificate. The minimum applies and hold no restrictions; (2) ensure that the credit provisions in the hours of required flight training varied hold at least a third-class medical final rule correspond to the existing with the category or class of aircraft. A certificate; and (3) upon completion of credit provision in appendix E. course for a rating in an airplane, a the course, meet the aeronautical As previously noted, the medical rotorcraft, a powered-lift, or an airship requirements in part 61 for an ATP certification requirements are required a minimum of 25 hours of certificate that is appropriate to the withdrawn because these requirements training. A course for a rating in a ratings for which the course applies. are addressed in § 61.23 of the final rule. powered glider required 10 hours of 16290 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations training. A course for a rating in a paragraph (3)(a)(1) of appendix F is The FAA has reviewed the comments nonpowered glider required 10 hours of excessive for balloons because requesting a reduction in the hour training and 10 training flights. A course applicants for the instructor rating will requirements for flight training and for a balloon class rating required 8 already hold a commercial certificate, finds that the comments have offered no training flights. and instruction will be focused on the significant justification for reducing Comments: HAI recommends that the fundamentals of instructing, which ‘‘can these hours. Furthermore, the FAA flight instructor course requirement in be effectively taught in 5 hours.’’ notes that the training requirements paragraph (2)(a) of appendix F be According to the commenter, this also reflect the current requirements in revised to require an applicant to either applies to the material contained in appendix H. hold a commercial certificate, or be ‘‘Areas of Operation’’ in paragraph The FAA also notes that the eligibility concurrently enrolled in a commercial (4)(c)(9) of appendix F. The same requirements for enrollment in a flight course and an instrument rating course. commenter states that the requirement instructor certification course were With regard to the minimum hour for eight flights in paragraph (4)(a)(4) of clarified to reflect that an ATP seeking requirements for the flight instructor appendix F is a meaningless measure for a flight instructor certificate possess certification course, NATA states that balloons because of the variability of instrument privileges in the aircraft the proposed minimum aeronautical flight time. The commenter category and class appropriate to that training hours are insufficient while the recommends that the requirement be certificate. proposed flight training hours are specified in hours instead, and proposes In response to the comment from a excessive. NATA recommends that the 4 hours for this purpose. Finally, this balloon school operator, the FAA notes aeronautical training requirement be commenter objects to the use of the term that all flight instructor ratings for the increased to 60 hours. ‘‘performance maneuvers’’ in paragraph lighter-than-air category have been NBAA states that the requirement, (4)(c)(9)(ix) of appendix F because the withdrawn as previously discussed. proposed in paragraph (5)(b) of term has no meaning for balloons. The FAA has also modified the appendix F, that all airplane flight FAA Response: In the final rule, appendix to conform with the instructor candidates receive spin references to the proposed term definitions of ‘‘flight simulator’’ and training, may be impossible to comply ‘‘supervised pilot in command’’ were ‘‘flight training device’’ set forth in with in the case of multiengine replaced with the term ‘‘solo’’ for Amendment No. 61–100. airplanes because few, if any, reasons discussed in the analysis of The rule is adopted with these multiengine airplanes are certificated § 61.1. Proposed provisions for separate changes. for spins. NBAA proposes changing the wording to require only ground training, powered and nonpowered classes, Appendix G—Flight Instructor not flight training, for spins in airplanes within the glider category requirements, Instrument (for an airplane, helicopter, other than gliders and single-engine have been consolidated under a single or powered-lift instrument instructor airplanes. set of requirements for the glider class rating) Certification Course In its comment, FSI recommends a for the reasons discussed in section IV, The FAA proposed a separate reduction to 15 hours for flight training F. The establishment of a flight appendix addressing certification required for the addition of an airplane instructor certificate for the lighter-than- courses for a flight instructor certificate single-engine or multiengine class rating air category has not been adopted in this with an instrument rating. This to a flight instructor certificate. The section for the reasons outlined in proposed appendix included the commenter states that it conducts a 12- section IV, C. proposals in part 61 to establish: (1) A hour part 61 flight instructor In response to comments regarding powered-lift category and instrument multiengine add-on course, as well as a the proposal for an applicant for a flight rating, (2) an instrument rating for flight instructor instrument rating add- instructor rating in a rotorcraft to airships, (3) instrument ratings for on course to the flight instructor possess an instrument rating, the FAA single-engine and multiengine certificate. Jeppesen states that reducing has determined that such a requirement airplanes, and (4) a flight instructor the part 141 hour requirement would is not warranted, and has withdrawn certificate for the lighter-than-air encourage students to train under an that proposal from the final rule. category. FAA-approved part 141 course instead In response to NATA’s comment that To enroll in the flight portion of the of under part 61. the aeronautical knowledge requirement course, the FAA proposed that a person University of North Dakota Aerospace should be increased to 60 hours, the hold: (1) a commercial certificate or an (UND) recommends training conducted existing rule requires 40 hours. The ATP certificate with an aircraft category to a proficiency level rather than to a FAA did not propose raising this and class rating appropriate to the rating specific flight-hour requirement for the requirement, and therefore NATA’s for which the course applies, and (2) a flight instructor certification course. recommendation is beyond the scope of flight instructor certificate with an ERAU also objects to the mandated this rulemaking. In response to NATA’s aircraft category and class rating that is hours, and states that the FAA should complaint that the proposed flight appropriate to the instrument rating for set forth the material to be taught and training hours are excessive, the FAA which the course applies. permit the school to propose the points out that this is an existing The proposed course required a required hours for FAA approval. ERAU requirement. minimum of 15 hours of ground training states that the appendix is unclear on Regarding NBAA’s comment on the same aeronautical knowledge how or what constitutes an original concerning spin training in multiengine areas as proposed in part 61 for a flight issuance of a certificate. The ability to airplanes, the FAA agrees that few instructor certificate. The proposed issue two ratings on one certificate at multiengine airplanes are certificated course also required a minimum of 15 one time allows for an economy of time for spins. It was never required or hours of flight training on the same and of expense for students. Training to proposed for this training to be approved areas of operation as proposed a standard could also save students conducted in a multiengine airplane. in part 61 for a flight instructor considerable time and money. This requirement can be accomplished certificate. A balloon school operator states that in a single-engine aircraft that is Comments: HAI recommends that the the 40 hours of training specified in certificated for spins. flight instructor course requirement in Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16291 paragraph (2)(a) of appendix G be In response to HAI’s recommendation a minimum of 10 hours of ground revised to require a person to either that the FAA revise the provisions for training. Existing appendix H, ‘‘Flight hold a commercial pilot certificate or be crediting training time received in a Instructor Certification Course,’’ concurrently enrolled in a commercial flight training device to meet training contained a provision that stated that course and instrument rating course. requirements, the FAA notes that the initial ground training requirements HAI opposes the ratio by which time purpose of establishing percentage could be lowered by one-half if an spent training in a flight training device computations was to encourage those applicant had prior related instructional is credited, and recommends deletion of schools that desire to submit courses experience. Notice No. 95–11 proposed the subparagraphs of paragraph (4)(b) of that ‘‘train to a standard.’’ The FAA has to apply this provision to ground appendix G. determined that for courses with less instructors as well. In its comment, NATA recommends than the minimum training hour No substantive comments were deletion of paragraph (2)(b) of appendix requirements of part 141, a specific ratio received. In the final rule, the proposed G, and requests that the FAA address between time spent in an aircraft and ground instructor ratings were deleted initial and add-on training requirements time spent in a flight training device and replaced with the ground instructor in a similar fashion to proposed should be maintained. The FAA has ratings provided for in existing part paragraphs (3)(a)(1) and (3)(a)(2) of also modified the appendix to conform 143—basic, advanced, and instrument. appendix F. This would allow with the definitions of ‘‘flight For a discussion of the reasons for these applicants to receive an instrument simulator’’ and ‘‘flight training device’’ changes to the final rule, see the flight instructor certificate without set forth in Amendment No. 61–100. analysis of subpart I of part 61. The holding a flight instructor certificate. To The FAA has considered NATA’s appendix is adopted with these changes. this end, NATA recommends a comments and decided to withdraw the Appendix I—Additional Aircraft minimum of 45 hours of aeronautical requirement that a person must hold a Category or Class Rating Course knowledge training for initial flight flight instructor certificate prior to instructor applicants, and 15 hours for enrolling in a flight instructor- The FAA proposed to establish additional flight instructor ratings. instrument certification course. The criteria for certification courses for UND objects to the economic burden FAA recognizes that it is possible under adding either a category rating or a class resulting from the establishment of existing rules for an individual to obtain rating on a pilot certificate. The course separate single-engine and multiengine an instrument flight instructor in this appendix appeared in sections II instrument instructor ratings, and certificate with an instrument-instructor and III of existing appendix F. The questions what the conversion process rating without holding a flight instructor proposed appendix included the would be for current multiengine certificate. The FAA also notes that the proposals to establish a powered-lift instrument instructors. eligibility requirements for enrollment category rating as well as separate class FAA Response: In the final rule, in a flight instructor-instrument ratings for powered and nonpowered references to the proposed terms certification course were clarified to gliders. ‘‘supervised pilot in command’’ were reflect that an ATP seeking a flight The FAA proposed that to enroll in replaced with the term ‘‘solo’’ for instructor certificate with an instructor- the flight portion of the proposed reasons discussed in the analysis of instrument rating possess instrument course, a person would be required to § 61.1. The establishment of an privileges in the aircraft category and hold: (1) The minimum level pilot instrument flight instructor rating for class appropriate to that certification. certificate that is appropriate to the the lighter-than-air category has not The rule is adopted with these changes additional category or class aircraft been adopted in this section for the and other minor editorial and format rating to which the particular course reasons outlined in section IV,C. changes. applies, and (2) at least a third-class Similarly, the proposed separation of medical certificate for aircraft ratings single-engine and multiengine Appendix H—Ground Instructor that require a medical certificate for that instrument instructor ratings has not Certification Course pilot certificate level. To obtain an been adopted for the reasons presented The FAA proposed to establish additional rating at the recreational pilot in section IV,D. criteria for approval of a certification certificate level or an additional glider In response to HAI’s comment course for a ground instructor or balloon rating, applicants would have recommending that the eligibility certificate. An equivalent course is not to provide a signed and dated statement provisions of paragraph (2)(b) be revised found in existing part 141 or part 143. certifying that they have no known to permit instrument flight instructor This proposed appendix included the medical defects that would make them applicants to be concurrently enrolled proposals in part 61 to: (1) Revise unable to pilot a glider or a balloon. in a commercial pilot certification and ground instructor ratings, (2) establish a Each course approved under this instrument rating courses, the FAA did powered-lift category rating, (3) appendix was required to consist of the not propose any changes to the current establish separate class ratings for minimum requirements found under eligibility requirements that are now powered gliders and nonpowered appendix A, B, C, D, or E for the contained in existing appendix H. In gliders, (4) establish an instrument category rating or class rating for which addition, the FAA questions the benefit rating for airships, and (5) establish the course was approved at the of HAI’s recommendation to permit an instrument ratings for single-engine and appropriate pilot certificate level. applicant to be concurrently enrolled in multiengine airplanes. No substantive comments were three different training courses. The The proposed course required ground received. This appendix is being FAA believes that if an applicant were training on the same aeronautical included in the final rule with changes permitted to be enrolled concurrently in knowledge areas as proposed in part 61. that reflect the elimination of the a commercial pilot certification course, A person who enrolls for an initial separate glider classes, as explained in instrument rating course, and flight ground instructor certificate was section IV,F. The appendix also reflects instructor-instrument rating course, the required to receive a minimum of 20 changes in the current definitions of applicant would be unable to obtain hours of ground training. A person who ‘‘flight simulator’’ and ‘‘flight training benefits comparable to enrolling in each enrolls in an additional ground device,’’ and other minor terminology course individually. instructor rating was required to receive changes. The references to medical 16292 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations certificates in proposed section No. 2 the existing requirements of 10 hours of rotorcraft-helicopter rating. Each were deleted because medical certificate ground training and 10 hours of flight student enrolled in these courses was requirements are now contained in training. required to satisfactorily accomplish § 61.23. See the analysis of § 61.23 for In response to UND’s stage checks and end-of-course tests to further discussion. The proposed rule is recommendation that this appendix graduate. adopted with the changes discussed should not provide any specific hourly The FAA also proposed to require that above, as well as minor formatting and training requirements, the FAA notes a person enrolling in the flight portion editing changes. that § 141.55 permits a school to submit of the course hold at least a third-class a course for approval that contains less medical certificate, if a medical Appendix J—Aircraft Type Rating training time than in part 141. With certificate was required in part 61 of this Course, for Other Than an Airline regard to UND’s recommendation to chapter, or a signed and dated statement Transport Pilot Certificate permit the use of flight training devices, by the person certifying that the person The FAA proposal established criteria the FAA notes that this appendix enrolling had no known medical defect for an aircraft type rating course, for provides for the crediting of training that makes that person unable to pilot other than an ATP certificate, for a time received in flight simulators and a glider or a balloon. person who desires to add a type rating flight training devices that meet the The proposed agricultural aircraft on his or her private or commercial pilot requirements of § 141.41 (a) and (b). operations required a minimum of 25 certificate. The proposed course in this Flight simulators may be used to receive hours of ground training and 15 hours appendix was found in existing credit for up to 50 percent of the total of flight training as found in section No. appendix F. The course included flight training hour requirements of this 8 of existing appendix H. This proposal provisions for the powered-lift category appendix, and flight training devices eliminated the option in appendix H to rating as proposed in part 61. may be used to receive credit for up to include up to 5 hours of supervised The FAA proposed that to enroll in 25 percent of the total flight training pilot in command practice. The ground the flight portion of the proposed requirements of this appendix. The FAA training requirements were clarified and course, a person must hold: (1) At least notes that training received in flight expanded to include training on: (1) a private pilot certificate; (2) at least a simulators and flight training devices Agricultural aircraft operations; (2) safe third-class medical certificate, if a may not be used to satisfy more than 50 operating procedures for handling and medical certificate is required for the percent of the flight training dispensing agricultural and industrial type of aircraft rating sought; and (3) an requirements of the final rule. chemicals, including operating in and instrument rating, or be concurrently The final rule deletes proposed around congested areas; and (3) enrolled in a course for an instrument paragraph (b) of section No. 2, which applicable provisions of part 137. The rating in the category and class that is referred to medical certificates because flight training requirements were appropriate to the aircraft type rating for the medical certificate requirements are clarified to include training on which the course applies (if the aircraft included in § 61.23. See the analysis of agricultural aircraft operations. does not hold a VFR limitation). A that section for further discussion. The proposed course on rotorcraft person who is concurrently enrolled in The proposed rule is adopted with external-load operations continued to a course for an instrument rating would these changes and other minor editorial require a minimum of 10 hours of be required to satisfactorily accomplish changes. ground training and 15 hours of flight the required practical test concurrently training, as found in section No. 9 of with the aircraft type rating practical Appendix K—Special Preparation existing appendix H. The ground test. Courses training requirements include: (1) A minimum of 15 hours of ground The FAA proposed to establish Rotorcraft external-load operations; (2) training was proposed. A minimum of criteria in appendix K for special safe operating procedures for external- 25 hours of flight training was proposed, preparation courses, similar to those in load operations, including operating in of which at least 15 hours was required existing appendix H, ‘‘Test Preparation and around congested areas; and (3) the to be instrument flight training in the Courses.’’ These proposed courses were applicable provisions of part 133. The aircraft for which the course applied. similar to the existing test preparation flight training requirements include Comments: UND Aerospace reiterates courses, but expanded the concept of training on external-load operations. its view, as expressed with respect to specialized courses. The proposed The FAA proposed to establish basic appendixes F and G, that there should appendix included the proposals in part criteria for a test pilot course. The be no specific hourly training 61 to: (1) certificate ground instructors proposed course requirements included requirement because training should be under part 61, (2) revise aeronautical ground training on the following: (1) conducted to a proficiency level. The knowledge areas, and (3) set forth Aircraft maintenance, quality assurance, commenter also recommends revising approved areas of operation. and certification test flight operations; the language of paragraph (4)(a)(1) to The proposed appendix included: (1) (2) safe operating practices and include a reference permitting the use of flight instructor refresher courses, (2) procedures for performing aircraft a flight training device instead of an ground instructor refresher courses, (3) maintenance, quality assurance, and aircraft. special operations courses, and (4) test certification test flight operations; (3) FAA Response: Upon further review pilot courses. applicable parts of the FAR that pertain of this appendix, the FAA noted an The FAA proposed that to enroll in to aircraft maintenance, quality error in the proposed ground and flight the flight portion of the proposed assurance, and certification tests; and training hour requirements. The courses, a person must hold a pilot (4) test pilot duties and responsibilities. proposed requirements of 15 hours of certificate appropriate to the operating The course also required a minimum of ground training and 25 hours of flight privileges or authorization sought. For 15 hours of flight training on test pilot training exceeded existing training example, if after graduation the person duties and responsibilities. requirements. The FAA has determined operates an aircraft under part 133, The FAA proposed to establish that there have been no safety problems ‘‘Rotorcraft External-Load Operations,’’ minimum criteria for special operations to require such an increase in training that person was required to hold at least courses, including pipeline patrol, time. Therefore, the final rule reflects a commercial pilot certificate with a shoreline patrol, and aerial Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16293 photography. The requirements of each In addition, the FAA proposed criteria Executive Order 12866 and the course were not specifically designated. for ground instructor refresher courses. Department of Transportation’s The intent of the proposal was to The proposed contents of this course regulatory policies and procedures. This provide an incentive to, and flexibility required ground training on: (1) rulemaking document was reviewed for, part 141 pilot schools to develop Aeronautical knowledge areas of part 61 under Executive Order 12866, specialized courses and improve that apply to student, recreational, ‘‘Regulatory Planning and Review.’’ business opportunities. private, and commercial pilot This section has been determined to be The FAA proposed to revise the pilot certificates and instrument ratings; (2) ‘‘significant’’ under the Department of refresher course in section No. 7 of aeronautical knowledge areas of part 61 Transportation’s regulatory policies and existing appendix H. The course that apply to ground instructor procedures. The FAA has prepared an continued to require 4 hours of ground certificates; (3) safe pilot operating economic assessment of the final rule. training and 6 hours of flight training. practices and procedures, including The FAA has evaluated the anticipated The proposed course did not airport operations and operating in the costs and benefits, which are specifically include the current option NAS; and (4) applicable provisions of summarized below. For more detailed for up to 2 hours of the 6 hours to be parts 61 and 91 that apply to pilots and economic information, see the full directed solo practice, but permitted the ground instructor certificates. regulatory evaluation contained in the school more flexibility in designing a Comments: A balloon school opposes docket. syllabus that best fits each student’s proposed paragraphs (11) and (12) of the Discussion of Comments needs. The ground training special preparation flight instructor and requirements included: (1) Aeronautical ground instructor refresher courses, In response to Notice No. 95–11, there knowledge areas that are applicable to which require 16 hours of ground and/ were many comments relating to pilot, each student’s pilot certificate level, or flight training. The commenter states flight instructor or ground instructor, aircraft category and class rating, or that, for balloon instructor training, and pilot school certification instrument rating, as appropriate; (2) such a course can be completed in 4 requirements. The FAA’s response to safe pilot operating practices and hours, and no flight training is the technical issues raised by procedures; and (3) applicable necessary. commenters are addressed in the provisions of parts 61 and 91 for pilots. FAA Response: The FAA preamble to the rule. The comments on The flight training requirements were acknowledges the balloon school’s the economic impact of the notice and clarified to include flight training on the concerns. As discussed in section IV,C, FAA’s response are discussed as approved areas of operation that are the FAA is not adopting the proposed follows: Part-time or ‘‘Free Lance Instructors’’. applicable to the level of each student’s flight instructor certificate for the One commenter (No. 30) states that the pilot certificate, aircraft category and lighter-than-air category, and therefore renewal requirements in the proposed class rating, or instrument rating, as the proposed appendix requirements rule will place unwarranted economic appropriate, for performing pilot in would not apply to that school’s command duties and responsibilities. burdens upon new flight instructors, instructors under the final rule. those flight instructors who instruct part On April 6, 1994, the FAA issued In the final rule, the medical Amendment No. 61–95, ‘‘Renewal of time, and those ‘‘free lance’’ instructors certificate requirements for eligibility unaffiliated with a fixed base operator Flight Instructor Certificates’’ (59 FR for a course under this appendix have 17646). In that final rule, the FAA (FBO). The commenter also does not been deleted because medical certificate revised § 61.197(c) by deleting the believe that the FAA provided any requirements are now contained in current 24-hour requirement for an supporting data explaining what safety § 61.23. See the analysis of § 61.23 for approved flight instructor refresher benefit will result from the proposed further discussion. Additionally, the course. In this appendix, the FAA conversion/renewal requirements. FAA has modified the appendix to proposed establishing a flight instructor FAA Response: The FAA believes that conform with the definitions of ‘‘flight refresher course consisting of at least 16 any proposal written would inherently simulators’’ and ‘‘flight training device’’ hours of ground training, flight training, favor some groups over other groups; set forth in Amendment No. 61–100. or any combination of ground and flight however, this proposal attempts to training. The ground training included Appendix L—Pilot Ground School minimize any bias. But the bias that the the: (1) Aeronautical knowledge areas of Course commenter is talking about already exists. (This commenter states that part- part 61 that apply to student, In proposed appendix L, the FAA set recreational, private, and commercial time or ‘‘free lance’’ instructors are forth the requirements for the Pilot pilot certificates and instrument ratings; currently a threat and potential source Ground School course found in existing (2) aeronautical knowledge areas that of lost revenue to FBOs. Consequently appendix G. The proposal included an apply to flight instructors; (3) safe pilot these instructors have found it difficult additional general requirement that operating practices and procedures, to conduct any instruction of any kind ground training include those including airport operations and in a multiengine airplane unless the aeronautical knowledge areas needed to operating in the NAS; and (4) applicable instructor or the student provides one.) ‘‘develop competency, proficiency, provisions of parts 61 and 91 that apply This specific issue is also outside the resourcefulness, self-confidence, and to holders of pilot and flight instructor scope of the final rule. self-reliance in each student.’’ certificates. The flight training course With regard to the renewal No substantive comments were included a review of the: (1) approved requirements, the FAA is stating what areas of operations that are applicable to received, and except for minor editorial has been past policy as identified in student, recreational, private, and changes, the final rule is adopted as FAA Order 8700.1. Moreover, the commercial pilot certificates and proposed. proposed rule (and this final rule) is instrument ratings; and (2) necessary Regulatory Evaluation Summary somewhat less restrictive than the skills, competency, and proficiency for existing rule. The existing rule states performing flight instructor duties and Cost Benefit Analysis that the flight instructor certificate is exercising flight instructor The FAA has considered the impact valid for 2 years from the expiration responsibilities. of this rulemaking action under date. Under the final rule, if the renewal 16294 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations date is for example, December 31, 1995, who passes, or the flight instructor must The FAA acknowledges, however, that then the flight instructor can renew his pass a practical test to have his/her the language contained in the preamble or her certificate 90 days prior to the flight instructor certificate converted to the proposed rule was unclear. The expiration date. The expiration date will under the proposed changes. The FAA has corrected the preamble in the be based on the December 31, 1995, date commenter argues that this does not rule. in certain cases. increase public safety but places a huge Sharing of Expenses. Commenters Redundancy of Separate Instrument financial burden on instructors. This (Nos. 3,320; 4,237; and 5,062) believe Ratings for Single Engine and commenter states that the cost of an that the FAA should clarify and relax Multiengine Airplanes. One commenter additional multiengine instrument the interpretation of ‘‘sharing (No. 82) states that separate instrument instructor practical test would easily expenses.’’ One commenter (No. 3,320) ratings for single-engine and approach $500 per instructor, which believes that pilots should be permitted multiengine airplanes seems to be includes the rental of a light twin- to share equally the costs of aircraft redundant. engine airplane at $150 per hour rental (or equivalent costs if the aircraft Another commenter (No. 3,800) states combined with an average fee of $150 to is owned by the pilot), and not simply that the proposed change adds $200 per designated pilot examiner. fuel and oil costs. This commenter significantly to the total cost of This commenter also states that flight states that his hourly cost (based on acquiring a commercial pilot certificate instructors as a whole are highly skilled. total direct cost—insurance, with single-engine and multiengine The commenter cites a report stating maintenance, fuel) runs about $65 per class ratings. This commenter states that that for 1994, while flight instruction hour, excluding depreciation for his the added costs to him would be about accounted for over 23 percent of flying Cessna 172. Fuel and oil costs are about $5,500. activity, it accounted for only 4.5 $25 per hour. The cost to rent a similar FAA Response: The FAA is percent of fatal accidents. He concludes aircraft in his area is about $70. This withdrawing this proposal. The FAA that flight instruction is one of the safest commenter states that strict pro rata will continue to enforce current policy of all aviation activities and therefore sharing of only fuel and oil costs and will further clarify that policy in the flight instructors do not need additional discourages pilots from using their final rule. testing. aircraft and maintaining piloting skills. Separate Instrument Rating Certificate FAA Response: The FAA agrees with Sharing only fuel and oil costs with one for Single-Engine and Multiengine the commenters and is withdrawing this passenger means that the pilot assumes Airplane Instructors. A commenter (No. proposal. 80 percent or more of the true cost of 639) argues that the FAA is imposing an Passing the Instrument Proficiency ‘‘sharing expenses.’’ Finally, the undue and unnecessary financial Test of § 61.57 in an Airship. A commenter states that the FAA should burden upon an already depressed commenter (No. 1,772) states that it is encourage pilots to use their skills, industry (by requiring instructors to costly and time consuming to take a rather than financially penalizing them obtain a special instrument instructor full-blown proficiency check in an for taking passengers who wish to travel certificate specifically for multiengine airship. Each instrument approach takes to a common destination. Other aircraft). Other commenters (e.g., No. 7 to 10 times the amount of time an commenters (e.g., No. 4,792) are also 4,765) provided similar comments. The airplane or helicopter would take to opposed to the revision regarding commenter argues that the proposed execute each maneuver, based on the shared expenses. rule will do nothing to improve the slow groundspeed of the airship. With Another commenter (No. 3,407) quality of multiengine training and will any wind component, additional time believes that the revised text ‘‘share have no impact on safety. Other on the ‘‘upwind’’ portion of the equally’’ will remove confusion from commenters (e.g., Nos. 933; 1,466; approach might bring air traffic control most private pilots. However, the 1,624; 1,661; 3,133) also state that to (ATC) useable airspace to a standstill proposed text does not specifically require a separate checkride for a during such operations. At a minimum address rental of an aircraft by a pilot certified flight instructor, instrument of $500 per hour, the operating costs for a flight with passengers, all of whom and multiengine (CFII MEI) would add involved during a proficiency check share a common purpose for taking the time and cost for the instructor with no would take in excess of 5 hours and cost flight. The commenter presents an significant increase in knowledge or over $2,500. He also argues that the example showing that the pilot would safety. This commenter states that philosophy extends to instrument pay a greater share of expenses than instrument work does not change with ‘‘currency’’ requirements. Ten to twelve each of the passengers. He estimates that the addition of an engine, and CFIs who instrument approaches in 2 hours flight a Cessna 172 rents for $50 per hour. The provide multiengine training must hold time is virtually impossible to complete airplane consumes 8 gallons of fuel per a commercial multiengine license with in a fast-moving airplane, much less in hour at $2 per gallon and one-half pint instrument privileges. a vehicle moving at less than 30 knots of oil at $3 per quart. The commenter FAA Response: The FAA agrees with and more, acutely affected by winds. concluded that the proposed rule would these commenters and has withdrawn FAA Response: The existing rule reduce revenue at a number of FBOs this proposal. (§ 61.57(e)(i)) covering instrument that depend on aircraft rental revenue Ratings for Flight Instructors. A experience states that the pilot must and will reduce pilot flight hours since commenter (No. 1,661) is opposed to the have logged at least 6 hours of many pilots will not take flights that requirement that existing flight instrument time under actual or would otherwise be affordable. instructors who hold instrument simulated IFR conditions, at least three FAA Response: The FAA has airplane and multiengine ratings on of which were in flight in the category rewritten the final rule to allow for the their flight instructor certificates must of aircraft involved, including at least sharing of all expenses specified in have given 20 hours of flight training in six instrument approaches. In other § 61.113(c). a multiengine airplane for the issuance words, the pilot currently must have 6 Glider Class Ratings and Testing. A of an instrument multiengine airplane hours of instrument experience. Under commenter (No. 3,707) opposes the FAA rating. In addition, the instructor must the current rule, the commenter is dividing the glider category into two have recommended at least one student required to take a proficiency check, classes for pilot certificates and ratings: for the instrument airplane practical test therefore this comment is unfounded. powered glider and nonpowered glider. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16295

He contends that converting current be reduced in size should the FAA aircraft to bring it up to IFR training glider pilot and flight instructor require a CFI rating for balloons. The capability. In addition, small operators certificates to the new class ratings over entry costs of flying balloons is about do not have helicopter CFIIs on staff, so a 2-year period does not keep with the $35,000 for new equipment. Adding the either these schools would have to train stated goal of promoting aviation and training costs to this would make these otherwise qualified instructors, or reducing the regulatory burden. He ballooning too expensive for most replace them with other individuals. If states that there are no more than 200 people. In addition, for every lesson a helicopter instructor is not aircraft that could be classified under completed, there are usually two or instrument-rated in another category, the proposed ‘‘powered glider’’ class. He three scheduled sessions that are the cost for the instrument rating would also states that 15,000 licensed glider ‘‘weathered out.’’ Another commenter be over $10,500 per instructor. pilots would have to be retested at $300 (No. 4,437), an employee of a hot air FAA Response: The FAA agrees with per pilot or $4.5 million total. He’s not balloon manufacturer, says that the this commenter. The final rule does not even sure that there are enough certified proposed rule would result in fewer require that the equipment be class flight instructors, ground (CFI–G’s) to do balloon sales. The commenter believes specific. An applicant can take the this in 2 years. that as many as 40 employees at their instrument training in any kind of SSA (No. 5,220) does not believe that facility would lose their jobs. Other aircraft, flight simulator, or other ground the FAA should establish a class rating commenters (Nos. 4,642 and 4,903) training device. for powered gliders. The commenter believe that any increase in costs would Cost of Medical. A commenter (No. believes that the proposed rule goes limit the growth in ballooning and that 144) who flies for pleasure argues that beyond the scope of lessening the it would be impossible to maintain an he flies high performance gliders and burden of regulatory reform to establish instructor certificate under the proposed self evaluates himself because of the a class rating for a minimal size group rule because the costs of maintaining a cost of obtaining a third-class medical to that has not shown a propensity to certificate would increase, and often a fly powered aircraft. The commenter denigrate safety. The commenter cites good flight instructor may only be able states that he had an angioplasty in 1988 statistics from the Soaring Safety to train one student per year and in and states that the required tests for a Foundation showing that during the some cases no students in a given year. third-class medical after his angioplasty period of 1981 through 1995, powered Another commenter (No. 2,807) states cost about $1,800–$2,000 more. He sailplanes were involved in nine that the creation of a lighter-than-air believes that it is as ‘‘safe for powered accidents which resulted in four flight instructor rating will make pilots, flying for pleasure, out of the fatalities. The commenter also states obtaining a gas balloon certificate so terminal area, VFR day light, with one that there are currently about 200 expensive that all but the very rich will passenger, maximum four place 180 licensed powered sailplanes, and by be eliminated from obtaining a H.P. as it is for me to fly high 2002 there will be about 214. There are certificate. The current cost of helium performance gliders, with one passenger also about 300 active members in the for one flight is approximately $3,600 for pleasure, and have the same self- American Soaring Society ‘‘checked delivered to the site. With a two flight certifying ability.’’ out’’ in powered sailplanes. This minimum as proposed within 60 days, A second commenter (No. 2,857) number is expected to increase to 321 the nominal cost of the certificate will states that he has chosen to fly under pilots by the end of 2002. However, approach $10,000. part 103 in an ultralight to avoid paying there are currently about 1,000 pilots FAA Response: The FAA agrees with the $1,000 per year medical testing. ‘‘checked out’’ in powered sailplanes. these commenters and is withdrawing FAA Response: The FAA carefully Another commenter (No. 5,411) states this proposal. The FAA is not considered these cost comments as well that glider class ratings are unnecessary. establishing a flight instructor certificate as other comments pertaining to the The commenter notes that a pilot who in the lighter-than-air category because proposal that pilots who hold took his or her test in a traditional operational requirements and accident/ recreational pilot privileges, student glider, and who owns and flies a incident data do not establish a pilots operating within the limitations powered glider would, under this sufficient safety justification for the of a recreational pilot certificate, and proposal, have to hire an instructor, increased regulatory and economic those higher-rated pilots who elect to receive training in an aircraft the pilot burden. exercise only recreational pilot is already flying, get an endorsement Small Business Impact. A commenter privileges be permitted to operate from the instructor, and take another (No. 4,307) questions the FAA aircraft without holding a medical test in his or her powered glider. This conclusion that there would not be a certificate. The FAA’s overriding commenter states that there are few significant economic impact on a concern is safety, and before such a powered glider instructors and that they substantial number of small entities in significant change can be adopted, the are costly. the helicopter industry (training). This FAA must determine that the level of FAA Response: The FAA will not commenter asks how many of those safety will not be degraded. The FAA create separate class ratings for powered entities may have the desire or the has decided, therefore, to withdraw the and nonpowered gliders. There is financial ability to equip and maintain proposed change from the final rule. insufficient safety justification to their aircraft to meet these new rules, The FAA intends to conduct additional support this change for separate class and if they could, would then be willing analysis on this proposal and may issue ratings. to place these aircraft in the areas of risk a separate rulemaking action in the CFI for Lighter-than-air Aircraft. A that are proposed in the new rules. The future. commenter (No. 4,283) opposes the FAA commenter also states that proposed Elimination of ‘‘Simulated Tow’’ creating a CFI rating for lighter-than-air § 61.129(5)(i) requires 5 hours of Option. A commenter (No. 2,295) argues aircraft for several reasons. The instrument training in a helicopter. The that the elimination of the ‘‘simulated commenter states that in the state of added cost would be $1,150 per tow’’ option found in proposed Michigan during the past 15 years, there instructor. The commenter further states § 61.69(c)(2) will place a serious have been only three balloon accidents that it would force the small operator to operational and financial hardship on and they were minor in nature with no purchase ready-equipped aircraft or many glider operations. The majority of fatalities. The balloon community will spend a minimum of about $15,000 per aircraft used for glider towing are single- 16296 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations place and many two-place aircraft are a model of the Bellanca (all FAA Response: The final rule has not well suited for this service. The taildraggers). This operator states that been changed to reflect the comments of commenter estimates that over 70 they own one Piper PA 25. The nearest these individuals. The FAA will allow percent of the glider towing in the two-seat airplane is a Maule, which is the use of flight training devices to bring United States is done with single-place 200 miles away. The estimated added students up to current requirements. aircraft. The club that the commenter cost is $200 for the Maule, and $300 for Students will be issued a certificate after belongs to checks out four to five new transportation, overnight completing the requirements for a part tow pilots each year and the closest two- accommodations, and meals. 141 course. There will be no additional place tow plane is several hundred After carefully reviewing this time requirement. miles away from their operation. He information, the FAA concludes that Economic Impact on the Industry. A estimates that the additional cost for the some operators may incur added costs commenter (No. 3,818) states that the elimination of the ‘‘simulated tow’’ associated with eliminating this option. economic impact of this proposed rule option will be $500 per tow pilot. Given the lack of safety benefits, the has not been addressed and that the cost SSA (No. 5,220) also does not agree FAA is withdrawing the proposal to of training will increase without any with the FAA’s belief that safety would eliminate the simulated tow option. clear indication that there will be any be better served by eliminating the Extensive Use of Ground Trainers and benefits. second method of tow endorsement in 250-Hour Experience Requirement for FAA Response: A summary of the current § 61.69. The commenter states Part 141 Schools. A commenter (No. regulatory evaluation to the proposed that there are numerous clubs and 2,388) uses ground trainers extensively. rule along with the proposed rule and commercial operators that tow with They have found that they can provide a copy of the regulatory evaluation is single-place tow planes and eliminating more quality training in this equipment available in the public docket. In the past decade (as discussed in the the second part of § 61.69 would create given the cost than they can in aircraft. regulatory evaluation) general aviation a severe limitation on those operators. It Their present part 141-approved accidents, both overall accidents and would require having an aircraft with instrument course has 30.9 hours in fatal accidents have decreased in two pilot seats and a tow hitch available airplanes and 28.7 hours in ground number as well as in rate per 100,000 to complete the checkout, or hiring a trainers. This commenter states that aircraft hours. However, the percentage multiplace tow plane with a tow hitch their trainers would meet the of total accidents where pilot error is to do the checkouts. requirements of proposed § 141.41(a)(1), FAA Response: After the comment cited as a causal factor has increased. but would only be valid for 10 percent period closed, the FAA specifically The analysis for Notice No. 95–11 of the course. Consequently, their cost discussed this issue with SSA in order concludes that although other areas of per student would increase by $1,000 to gather additional clarifying accident causes have been addressed, and training quality would be greatly information. There are about 350 pilot error has yet to be effectively reduced. Their present course is 58 soaring sites in the United States and controlled. hours total time, of which 28 hours are about 4 tow planes per site. Of the 1,500 The FAA focused on pilot-error in a ground trainer. Ten percent of 58 tow planes, about 1,000 are single-seat related accidents due to the focus of this is only about 6 hours, or 22 hours less and 500 are two-seat airplanes. Most rulemaking on pilot training. All than present. The commenter contends operators do not use the simulated accidents where pilot error was cited as that the only way to survive would be towing option. For those operators that a cause or a factor are counted in the to reduce their course time to 35 hours do, the cost of an approved tow kit is above stated percentage of pilot error with 3.5 hours in a ground trainer. about $600 for parts and another $600 accidents. For example, accidents Another commenter addressed the for labor. Some operators may not want occurring due to weather or equipment 250-hour experience requirement for to install tow kits on their airplanes failure may also be included in the part 141 FAA approved schools. This because it chops their airplane up. count of pilot error accidents. An commenter (No. 2,554) states that Consequently, some tow pilots may accident that occurs due to depletion of economically the only incentive to have to travel to other soaring sites to fuel that is a result of pilot error is cited retain part 141 status would be the 5- be checked out in a two-place tow plane as a causal factor. That way, the FAA hour reduction in flight time required with a hitch.1 defines the number of accidents to be After the comment period closed, the for the private pilot and instrument considered by eliminating accidents that FAA also contacted the Memphis rating courses. The small difference in are solely caused by weather, systems, Soaring Society (No. 2,295) to clarify flight hours would not offset the equipment, instruments, or some other their comment.2 The commenter claims internal cost of completing flight factor not addressed by the proposed that the most common single place tow instructor ground training requirements rule. aircraft are 235 horsepower Piper PA– and conducting flight competency check Biennial Flight Review Class Specific. 25s. This aircraft, originally built for rides. A commenter (No. 4,557) was under the agricultural operations, became A third commenter (No. 4,938) argues impression that the proposed rule available for glider towing when that proposed part 141 Appendix D— would have required BFRs to be class agricultural operators moved up to Commercial Pilot Certification Course specific. This commenter provided higher-powered turbine aircraft. Some would now require pilot flight time to substantial cost data to the FAA on his two-place tow planes are the Piper increase from 190 hours to 250 hours. costs should the FAA make BFRs class Super Cub, the Citabria, the Maule, and At his pilot school, this would increase specific. the cost of the commercial certificate for FAA Response: The FAA did not 1 Based on a record of conversation between Gary their students by $3,360 to $4,260 propose, nor does the final rule require, Becker, USDT, FAA, APO–310 and James Short, depending on the mix of dual or solo that BFRs be class specific. Chairman, SSA Government Liaison Board. April flight time. The only advantage of Additional Training Required for 16 and 17, 1996. training under part 141 would be Operating High Performance Airplanes. 2 Based on a record of conversation between Duke Shepard, USDT, FAA, APO–310 and Nathan examining authority by the pilot school AOPA (No. 5412) discusses the Lemmon, President, Memphis Soaring Society. and not having to pay a designated additional training required for March 27, 1996. examiner’s fee. operating high performance airplanes. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16297

The current regulation defines high services produced by these entities Paperwork Reduction Act performance as having an engine output would involve international trade flows of more than 200 horsepower. The of aviation products or services and thus Under the Paperwork Reduction Act proposed rule changed this definition to do not impact trade opportunities for of 1995, no persons are required to include aircraft of 200 horsepower or U.S. firms doing business overseas and respond to a collection of information more. AOPA believes that this change foreign firms doing business in the unless it displays a valid OMB control will impact thousands of pilots and United States. Thus, the changes will number. The valid OMB control number additional aircraft. have no impact on trade opportunities assigned to the collection of information According to AOPA, a significant for U.S. firms doing business overseas or for § 61.3 is 2120–0034. The valid OMB number of aircraft have been type foreign firms doing business in the control number assigned to the certified at 200 horsepower and United States. collection of information for §§ 61.13 currently are not included in the high through 61.197 is 2120–0021. The valid Regulatory Flexibility Determination performance endorsement requirement. OMB control number assigned to the By lowering the requirement only one The Regulatory Flexibility Act of 1980 collection of information for part 141 is horsepower, FAA would be placing new (Act) (Public Law 96–354; September 2120–0009. training requirements on a large portion 19, 1980) was passed by Congress to Unfunded Mandates Reform Act of the pilot community with no ensure that small entities are not overly Assessment justification presented for the change. burdened by government regulations AOPA urges the FAA to maintain the relative to large entities. Because laws Title II of the Unfunded Mandates current definition of high performance and regulations designed for large at more than 200 horsepower. Reform Act of 1995 (the Act), enacted as entities have been applied uniformly to Pub. L. 104–4 on March 22, 1995, FAA Response: The FAA has small businesses without regard to scale reviewed the information provided by requires each Federal agency, to the or resources, Federal rules may impose extent permitted by law, to prepare a this and other commenters. The FAA ‘‘unnecessarily and disproportionately has decided to require separate written assessment of the effects of any burdensome demands’’ upon small Federal mandate in a proposed or final endorsements for complex and high entities. performance aircraft. However, the FAA agency rule that may result in the will not go forward with the proposal to As a result, this Act required all expenditure by State, local, and tribal include airplanes with 200 horsepower Federal agencies, including the FAA to governments, in the aggregate, or by the as high performance airplanes. determine whether any proposed private sector, of $100 million or more regulation would have ‘‘a significant (adjusted annually for inflation) in any Costs and Benefits economic impact on a substantial one year. Section 204(a) of the Act, 2 The FAA estimates, based on an number of small entities.’’ The existence U.S.C. 1534(a), requires the Federal analysis by Gellman Research of such an impact might lead to agency to develop an effective process Associates, Inc.3 (GRA), information alternative regulatory approaches that to permit timely input by elected submitted to the public docket, that the would recognize differences between officials (or their designees) of State, present value cost of this final rule the ability of small and large entities to local, and tribal governments on a discounted 7 percent over 10 years is fulfill regulatory requirements. proposed ‘‘significant intergovernmental $310,000. The only provision adding All of the major changes to the rules mandate.’’ A ‘‘significant significant costs is final § 61.101. affect pilots, flight instructors, and intergovernmental mandate’’ under the Section 61.65, which modifies the ground instructors, who are individuals Act is any provision in a Federal agency flight time requirement for an rather than business entities or regulation that would impose an instrument rating provides the greatest government entities. The revisions that enforceable duty upon State, local, and cost savings at $14.6 million annually impact pilot schools do not exceed the tribal governments, in the aggregate, of ($102.54 million discounted or 38.6 cost-threshold level, as found in FAA $100 million (adjusted annually for percent of $265 million). Order 2100.14A, ‘‘Regulatory Flexibility inflation) in any one year. Section 203 The FAA has determined that the Criteria and Guidance’’ (September of the Act, 2 U.S.C. 1533, which final rule is cost-beneficial. 1986). In fact, as this report shows, the supplements section 204(a), provides International Trade Impact Analysis final rule would result in net annual that before establishing any regulatory cost savings of about $3,000 for all pilot requirements that might significantly or The Office of Management and Budget schools. The FAA has determined that uniquely affect small governments, the (OMB) requires Federal agencies to the revisions will not have a significant agency shall have developed a plan that, determine whether any rule or economic impact on a substantial regulation will have an impact on number of small entities. among other things, provides for notice international trade. The revisions to potentially affected small discussed in this report primarily affect Federalism Implications governments, if any, and for a the domestic operations of individual meaningful and timely opportunity to The regulation herein will not have pilots, flight instructors, and ground provide input in the development of substantial direct effects on the States, instructors, not of business entities. In regulatory proposals. on the relationship between the national the case of pilot schools or aircraft government and the States, or on the This proposed rule does not meet the operators, it is not likely that the distribution of power and cost thresholds described above. Furthermore, this proposed rule would 3 The basis for this analysis is Work Order No. responsibilities among the various 27 of Contract DTFA01–88–C–00059 by Gellman levels of government. Therefore, in not impose a significant cost on small Research Associates, Inc. (GRA), titled: ‘‘Regulatory accordance with Executive Order 12612, governments and would not uniquely Evaluation, Initial Regulatory Flexibility it is determined that this rule will not affect those small governments. Determination, and Trade Impact Assessment Therefore, the requirements of Title II of Notice of Proposed Rulemaking to Revise 14 CFR have sufficient federalism implications Part 61, 14 CFR Part 141, and 14 CFR Part 143.’’ to warrant the preparation of a the Unfunded Mandates Reform Act of Jenkinton, Pennsylvania. December 23, 1992. Federalism Assessment. 1995 do not apply. 16298 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Conclusion § 1.1 General definitions. 61.13 Issuance of airman certificates, ratings, and authorizations. For the reasons discussed in the * * * * * Balloon means a lighter-than-air 61.14 Refusal to submit to a drug or alcohol preamble, and based on the findings in test. the Regulatory Flexibility Determination aircraft that is not engine driven, and that sustains flight through the use of 61.15 Offenses involving alcohol or drugs. and the International Trade Impact 61.16 Refusal to submit to an alcohol test or Analysis, the FAA has determined that either gas buoyancy or an airborne to furnish test results. this regulation is a ‘‘significant heater. 61.17 Temporary certificate. regulatory action’’ under Executive * * * * * 61.19 Duration of pilot and instructor Order 12866. In addition, the FAA Flight time means: certificates. certifies that this rule will not have a (1) Pilot time that commences when 61.21 Duration of a Category II and a significant economic impact, positive or an aircraft moves under its own power Category III pilot authorization (for other negative, on a substantial number of for the purpose of flight and ends when than part 121 and part 135 use). small entities under the criteria of the the aircraft comes to rest after landing; 61.23 Medical certificates: Requirement and Regulatory Flexibility Act. This rule is or duration. considered significant under DOT Order (2) For a glider without self-launch 61.25 Change of name. 2100.5, ‘‘Policies and Procedures for capability, pilot time that commences 61.27 Voluntary surrender or exchange of certificate. Simplification, Analysis, and Review of when the glider is towed for the purpose 61.29 Replacement of a lost or destroyed Regulations.’’ A regulatory evaluation of of flight and ends when the glider airman or medical certificate or the rule, including the Regulatory comes to rest after landing. knowledge test report. Flexibility Determination and * * * * * 61.31 Type rating requirements, additional International Trade Impact Analysis, Pilot in command means the person training, and authorization requirements. has been placed in the docket. who: 61.33 Tests: General procedure. List of Subjects (1) Has final authority and 61.35 Knowledge test: Prerequisites and responsibility for the operation and passing grades. 14 CFR Part 1 safety of the flight; 61.37 Knowledge tests: Cheating or other unauthorized conduct. Air transportation. (2) Has been designated as pilot in command before or during the flight; 61.39 Prerequisites for practical tests. 14 CFR Part 61 and 61.41 Flight training received from flight instructors not certificated by the FAA. (3) Holds the appropriate category, Air safety, Aircraft, Aircraft pilots, 61.43 Practical tests: General procedures. class, and type rating, if appropriate, for Airmen, Airplanes, Aviation safety, 61.45 Practical tests: Required aircraft and Compensation, Education, Foreign the conduct of the flight. equipment. persons, Helicopters, Pilots, Rotorcraft, * * * * * 61.47 Status of an examiner who is Safety, Students, Teachers, Powered-lift means a heavier-than-air authorized by the Administrator to Transportation. aircraft capable of vertical takeoff, conduct practical tests. 61.49 Retesting after failure. 14 CFR Part 141 vertical landing, and low speed flight that depends principally on engine- 61.51 Pilot logbooks. Air safety, Air transportation, Aircraft driven lift devices or engine thrust for 61.53 Prohibition on operations during pilots, Airmen, Airplanes, Aviation lift during these flight regimes and on medical deficiency. safety, Balloons, Education, Educational nonrotating airfoil(s) for lift during 61.55 Second-in-command qualifications. facilities, Helicopters, Pilots, Rotorcraft, horizontal flight. 61.56 Flight review. Safety, Schools, Students, Teachers, 61.57 Recent flight experience: Pilot in * * * * * Transportation. command. 3. Part 61 is revised to read as follows: 61.58 Pilot-in-command proficiency check: 14 CFR Part 143 Operation of aircraft requiring more than PART 61ÐCERTIFICATION: PILOTS, Air safety, Air transportation, Airmen, one pilot. FLIGHT INSTRUCTORS, AND GROUND 61.59 Falsification, reproduction, or Airplanes, Aviation safety, Education, INSTRUCTORS Educational Facilities, Safety, Students, alteration of applications, certificates, logbooks, reports, or records. Teachers, Transportation. SPECIAL FEDERAL AVIATION 61.60 Change of address. REGULATIONS The Amendments Subpart B—Aircraft Ratings and Pilot In consideration of the foregoing and Authorizations SFAR 58 [NOTE] under the authority of 49 U.S.C. 44702, 61.61 Applicability. the FAA amends parts 1, 61, 141, and SFAR 73 61.63 Additional aircraft ratings (other than 143 of the Federal Aviation Regulations airline transport pilot). (14 CFR parts 1, 61, 141, and 143) as Subpart A—General 61.64 [Reserved]. follows: Sec. 61.65 Instrument rating requirements. 61.1 Applicability and definitions. 61.67 Category II pilot authorization PART 1ÐDEFINITIONS AND 61.2 Certification of foreign pilots, flight requirements. ABBREVIATIONS instructors, and ground instructors. 61.68 Category III pilot authorization requirements. 1. The authority citation for part 1 61.3 Requirement for certificates, ratings, and authorizations. 61.69 Glider towing: Experience and continues to read as follows: 61.4 Approval of flight simulators and flight training requirements. Authority: 49 U.S.C. 106(g), 40113, 44701. training devices. 61.71 Graduates of an approved training 61.5 Certificates and ratings issued under program other than under this part: 2. Section 1.1 is amended by revising this part. Special rules. the definitions of balloon, flight time, 61.7 Obsolete certificates and ratings. 61.73 Military pilots or former military and pilot in command, and adding the 61.9 [Reserved] pilots: Special rules. definition of powered-lift to read as 61.11 Expired pilot certificates and 61.75 Private pilot certificate issued on the follows: reissuance. basis of a foreign pilot license. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16299

61.77 Special purpose pilot authorization: 61.167 Privileges. manipulate the controls of a Robinson model Operation of U.S.-registered civil aircraft 61.169—61.171 [Reserved] R–22 or R–44 helicopter for the purpose of leased by a person who is not a U.S. Subpart H—Flight Instructors flight after April 26, 1995, unless the citizen. awareness training specified in paragraph 61.181 Applicability. (a)(3) of this section is completed and the Subpart C—Student Pilots 61.183 Eligibility requirements. person’s logbook has been endorsed by a 61.81 Applicability. 61.185 Aeronautical knowledge. certified flight instructor authorized under 61.83 Eligibility requirements for student 61.187 Flight proficiency. pilots. 61.189 Flight instructor records. paragraph (b)(5) of this section. 61.85 Application. 61.191 Additional flight instructor ratings. (3) Awareness training must be conducted 61.87 Solo requirements for student pilots. 61.193 Flight instructor privileges. by a certified flight instructor who has been 61.89 General limitations. 61.195 Flight instructor limitations and endorsed under paragraph (b)(5) of this 61.91 [Reserved] qualifications. section and consists of instruction in the 61.93 Solo cross-country flight requirements. 61.197 Renewal of flight instructor following general subject areas: 61.95 Operations in Class B airspace and at certificates. (i) Energy management; airports located within Class B airspace. 61.199 Expired flight instructor certificates (ii) Mast bumping; and ratings. Subpart D—Recreational Pilots (iii) Low rotor RPM (blade stall); 61.201 [Reserved] (iv) Low G hazards; and 61.96 Applicability and eligibility (v) Rotor RPM decay. requirements: General. Subpart I—Ground Instructors (4) A person who can show satisfactory 61.97 Aeronautical knowledge. 61.211 Applicability. 61.98 Flight proficiency. 61.213 Eligibility requirements. completion of the manufacturer’s safety 61.99 Aeronautical experience. 61.215 Ground instructor privileges. course after January 1, 1994, may obtain an 61.100 Pilots based on small islands. 61.217 Currency requirements. endorsement from an FAA aviation safety inspector in lieu of completing the awareness 61.101 Recreational pilot privileges and Authority: 49 U.S.C. 106(g), 40113, 44701– limitations. 44703, 44707, 44709–44711, 45102–45103, training required in paragraphs (a)(1) and (a)(2) of this section. Subpart E—Private Pilots 45301–45302. (b) Aeronautical Experience: 61.102 Applicability. SPECIAL FEDERAL AVIATION (1) No person may act as pilot in command 61.103 Eligibility requirements: General. REGULATIONS of a Robinson model R–22 unless that person: 61.105 Aeronautical knowledge. SFAR No. 58 (i) Has had at least 200 flight hours in 61.107 Flight proficiency. helicopters, at least 50 flight hours of which 61.109 Aeronautical experience. Editorial Note: For the text of SFAR No. were in the Robinson R–22; or 61.110 Night flying exceptions. 58, see part 121 of this chapter. (ii) Has had at least 10 hours dual 61.111 Cross-country flights: Pilots based SFAR NO. 73ÐROBINSON R±22/R±44 on small islands. instruction in the Robinson R–22 and has SPECIAL TRAINING AND EXPERIENCE received an endorsement from a certified 61.113 Private pilot privileges and REQUIREMENTS limitations: Pilot in command. flight instructor authorized under paragraph 61.115 Balloon rating: Limitations. Sections (b)(5) of this section that the individual has 61.117 Private pilot privileges and 1. Applicability. been given the training required by this limitations: Second in command of 2. Required training, aeronautical paragraph and is proficient to act as pilot in aircraft requiring more than one pilot. experience, endorsements, and flight review. command of an R–22. Beginning 12 calendar 61.118—61.120 [Reserved]. 3. Expiration date. months after the date of the endorsement, the Subpart F—Commercial Pilots 1. Applicability. Under the procedures individual may not act as pilot in command prescribed herein, this SFAR applies to all unless the individual has completed a flight 61.121 Applicability. persons who seek to manipulate the controls review in an R–22 within the preceding 12 61.123 Eligibility requirements: General. or act as pilot in command of a Robinson 61.125 Aeronautical knowledge. calendar months and obtained an model R–22 or R–44 helicopter. The 61.127 Flight proficiency. endorsement for that flight review. The dual requirements stated in this SFAR are in 61.129 Aeronautical experience. instruction must include at least the addition to the current requirements of part 61.131 Exceptions to the night flying following abnormal and emergency requirements. 61. procedures flight training: 61.133 Commercial pilot privileges and 2. Required training, aeronautical (A) Enhanced training in autorotation limitations. experience, endorsements, and flight review. procedures, 61.135—61.141 [Reserved] (a) Awareness Training: (B) Engine rotor RPM control without the (1) Except as provided in paragraph (a)(2) use of the governor, Subpart G—Airline Transport Pilots of this section, no person may manipulate the (C) Low rotor RPM recognition and controls of a Robinson model R–22 or R–44 61.151 Applicability. recovery, and helicopter after March 27, 1995, for the 61.153 Eligibility requirements: General. (D) Effects of low G maneuvers and proper 61.155 Aeronautical knowledge. purpose of flight unless the awareness recovery procedures. 61.157 Flight proficiency. training specified in paragraph (a)(3) of this (2) No person may act as pilot in command 61.158 [Reserved] section is completed and the person’s of a Robinson model R–44 unless that person: 61.159 Aeronautical experience: Airplane logbook has been endorsed by a certified category rating. flight instructor authorized under paragraph (i) Has had at least 200 flight hours in 61.161 Aeronautical experience: Rotorcraft (b)(5) of this section. helicopters, at least 50 flight hours of which category and helicopter class rating. (2) A person who holds a rotorcraft were in the Robinson R–44; or 61.163 Aeronautical experience: Powered- category and helicopter class rating on that (ii) Has had at least 10 hours dual lift category rating. person’s pilot certificate and meets the instruction in the Robinson R–44, and has 61.165 Additional aircraft category and experience requirements of paragraph (b)(1) received an endorsement from a certified class ratings. or paragraph (b)(2) of this section may not flight instructor authorized under paragraph 16300 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(b)(5) of this section that the individual has 22, or paragraph 2(b)(2)(i) of this SFAR for (b) For the purpose of this part: been given the training required by this the R–44; paragraph and is proficient to act as pilot in (iii) Has completed flight training in an R– (1) Aeronautical experience means command of an R–44. Beginning 12 calendar 22, R–44, or both, on the following abnormal pilot time obtained in an aircraft, months after the date of the endorsement, the and emergency procedures: approved flight simulator, or approved individual may not act as pilot in command (A) Enhanced training in autorotation flight training device for meeting the unless the individual has completed a flight procedures, appropriate training and flight time review in an R–44 within the preceding 12 (B) Engine rotor RPM control without the requirements for an airman certificate, calendar months and obtained an use of the governor, rating, flight review, or recency of flight endorsement for that flight review. The dual (C) Low rotor RPM recognition and experience requirements of this part. instruction must include at least the recovery, and following abnormal and emergency (D) Effects of low G maneuvers and proper (2) Authorized instructor means— procedures flight training: recovery procedures. (i) A person who holds a valid ground (A) Enhanced training in autorotation (iv) Been authorized by endorsement from procedures, instructor certificate issued under part an FAA aviation safety inspector or 61 or part 143 of this chapter when (B) Engine rotor RPM control without the authorized designated examiner that the use of the governor, instructor has completed the appropriate conducting ground training in (C) Low rotor RPM recognition and training, meets the experience requirements, accordance with the privileges and recovery, and and has satisfactorily demonstrated an ability limitations of his or her ground (D) Effects of low G maneuvers and proper to provide instruction on the general subject instructor certificate; recovery procedures. areas of paragraph 2(a)(3) of this SFAR, and (ii) A person who holds a current (3) A person who does not hold a rotorcraft the flight training identified in paragraph category and helicopter class rating must flight instructor certificate issued under 2(b)(5)(iii) of this SFAR. part 61 of this chapter when conducting have had at least 20 hours of dual instruction (c) Flight Review: in a Robinson R–22 helicopter prior to (1) No flight review completed to satisfy ground training or flight training in operating it in solo flight. In addition, the § 61.56 by an individual after becoming accordance with the privileges and person must obtain an endorsement from a eligible to function as pilot in command in limitations of his or her flight instructor certified flight instructor authorized under a Robinson R–22 helicopter shall be valid for certificate; or paragraph (b)(5) of this section that instruction has been given in those the operation of R–22 helicopter unless that (iii) A person authorized by the maneuvers and procedures, and the flight review was taken in an R–22. Administrator to provide ground (2) No flight review completed to satisfy instructor has found the applicant proficient training or flight training under SFAR to solo a Robinson R–22. This endorsement § 61.56 by individual after becoming eligible to function as pilot in command in a No. 58, or part 61, 121, 135, or 142 of is valid for a period of 90 days. The dual this chapter when conducting ground instruction must include at least the Robinson R–44 helicopter shall be valid for following abnormal and emergency the operation of R–44 helicopter unless that training or flight training in accordance procedures flight training: flight review was taken in the R–44. with that authority. (i) Enhanced training in autorotation (3) The flight review will include a review (3) Cross-country time means that of the awareness training subject areas of procedures, time obtained in flight in an aircraft (ii) Engine rotor RPM control without the paragraph 2(a)(3) of this SFAR and the flight training identified in paragraph 2(b) of this and, except as provided in paragraph use of the governor, (b)(3)(iv) of this section, each flight must (iii) Low rotor RPM recognition and SFAR. recovery, and (d) Currency Requirements: No person may include a landing at a point other than (iv) Effects of low G maneuvers and proper act as pilot in command of a Robinson model the point of departure, and— recovery procedures. R–22 or R–44 helicopter carrying passengers (i) The person must— (4) A person who does not hold a rotorcraft unless the pilot in command has met the category and helicopter class rating must recency of flight experience requirements of (A) Hold a pilot certificate issued have had at least 20 hours of dual instruction § 61.57 in an R–22 or R–44, as appropriate. under this part; and in a Robinson R–44 helicopter prior to 3. Expiration date. This SFAR expires (B) Use dead reckoning, pilotage, operating it in solo flight. In addition, the December 31, 1997, unless sooner electronic navigation aids, radio aids, or superseded or rescinded. person must obtain an endorsement from a other navigation systems to navigate to certified flight instructor authorized under paragraph (b)(5) of this section that Subpart AÐGeneral the landing point. instruction has been given in those (ii) For the purpose of meeting the maneuvers and procedures, and the § 61.1 Applicability and definitions. cross-country time eligibility instructor has found the applicant proficient (a) This part prescribes: requirements for a private pilot to solo a Robinson R–44. This endorsement (1) The requirements for issuing pilot, certificate (except with a rotorcraft is valid for a period of 90 days. The dual flight instructor, and ground instructor rating), commercial pilot certificate, or instruction must include at least the certificates and ratings; the conditions following abnormal and emergency an instrument rating, any point of under which those certificates and landing must be at least a straight-line procedures flight training: ratings are necessary; and the privileges (i) Enhanced training in autorotation distance of more than 50 nautical miles procedures, and limitations of those certificates and from the original point of departure. (ii) Engine rotor RPM control without the ratings. (2) The requirements for issuing pilot, (iii) For the purpose of meeting the use of the governor, cross-country time eligibility (iii) Low rotor RPM recognition and flight instructor, and ground instructor recovery, and authorizations; the conditions under requirements for a private pilot (iv) Effects of low G maneuvers and proper which those authorizations are certificate with a rotorcraft rating, any recovery procedures. necessary; and the privileges and point of landing must be at least a (5) No certified flight instructor may limitations of those authorizations. straight-line distance of more than 25 provide instruction or conduct a flight review (3) The requirements for issuing pilot, nautical miles from the original point of in a Robinson model R–22 or R–44 unless flight instructor, and ground instructor departure. that instructor: (i) Completes the awareness training in certificates and ratings for persons who (iv) For a commercial pilot, airline paragraph (2)(a) of this SFAR; have taken courses approved by the transport pilot, or a military pilot who (ii) Meets the experience requirements of Administrator under other parts of this is qualified for a commercial pilot paragraph 2(b)(1)(i) of this SFAR for the R– chapter. certificate under § 61.73 of this part, Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16301 cross-country time includes a flight that (i) Serves as a required pilot; existing U.S. flight instructor certificate; is at least a straight-line distance of (ii) Receives training from an or more than 50 nautical miles from the authorized instructor in an aircraft, (5) The certificate is for an addition of original point of departure and uses approved flight simulator, or approved a rating onto an existing U.S. ground dead reckoning, pilotage, electronic flight training device; or instructor certificate. navigation aids, radio aids, or other (iii) Gives training as an authorized (c) Training centers and their satellite navigation systems. instructor in an aircraft, approved flight training centers certificated under part (4) Examiner means any person who simulator, or approved flight training 142 of this chapter, may, outside the is authorized by the Administrator to device. United States— conduct a pilot proficiency test or a (13) Practical test means a test on the (1) Prepare and recommend practical test for an airman certificate or areas of operations for an airman applicants for additional ratings of and rating issued under this part, or a person certificate, rating, or authorization that endorsements to certificates issued who is authorized to conduct a is conducted by having the applicant under this part, and issue additional knowledge test under this part. respond to questions and demonstrate ratings and provide endorsements (5) Flight simulator means a device maneuvers in flight, in an approved within the authority granted to that that— flight simulator, or in an approved flight training center by the Administrator; (i) Is a full-size aircraft cockpit replica training device. and of a specific type of aircraft, or make, (14) Set of aircraft means aircraft that (2) Prepare and recommend U.S. model, and series of aircraft; share similar performance citizen applicants for airman (ii) Includes the hardware and characteristics, such as similar airspeed certificates, and issue certificates to U.S. software necessary to represent the and altitude operating envelopes, citizens within the authority granted to aircraft in ground operations and flight similar handling characteristics, and the that training center by the operations; same number and type of propulsion Administrator. (iii) Uses a force cueing system that systems. provides cues at least equivalent to § 61.3 Requirement for certificates, (15) Training time means training ratings, and authorizations. those cues provided by a 3 degree received— freedom of motion system; (i) In flight from an authorized (a) Pilot certificate. A person may not (iv) Uses a visual system that provides instructor; act as pilot in command or in any other at least a 45 degree horizontal field of (ii) On the ground from an authorized capacity as a required pilot of a civil view and a 30 degree vertical field of instructor; or aircraft of U.S. registry, unless that view simultaneously for each pilot; and (iii) In an approved flight simulator or person has a valid pilot certificate or (v) Has been evaluated, qualified, and approved flight training device from an special purpose pilot authorization approved by the Administrator. authorized instructor. issued under this part in that person’s (6) Flight training means that training, physical possession or readily other than ground training, received § 61.2 Certification of foreign pilots, flight accessible in the aircraft when from an authorized instructor in flight instructors, and ground instructors. exercising the privileges of that pilot in an aircraft. (a) Except as provided for in certificate or authorization. However, (7) Flight training device means a paragraph (b) of this section, an airman when the aircraft is operated within a device that— certificate may not be issued to a person foreign country, a current pilot license (i) Is a full-size replica of the who is not a citizen of the United States issued by the country in which the instruments, equipment, panels, and or a resident alien of the United States aircraft is operated may be used. controls of an aircraft, or set of aircraft, unless that person passes the (b) Required pilot certificate for in an open flight deck area or in an appropriate knowledge or practical test operating a foreign-registered aircraft. A enclosed cockpit, including the within the United States. person may not act as pilot in command hardware and software for the systems (b) A person who is not a citizen of or in any other capacity as a required installed, that is necessary to simulate the United States or a resident alien of pilot of a civil aircraft of foreign registry the aircraft in ground and flight the United States may be issued an within the United States, unless that operations; (ii) Need not have a force (motion) airman certificate, and the knowledge person’s pilot certificate: cueing or visual system; and test and practical test for that certificate (1) Is valid and in that person’s (iii) Has been evaluated, qualified, may be administered outside the United physical possession, or readily and approved by the Administrator. States when: accessible in the aircraft when (8) Ground training means that (1) The Administrator determines the exercising the privileges of that pilot training, other than flight training, person needs a pilot certificate to certificate; and received from an authorized instructor. operate as a required pilot crewmember (2) Has been issued under this part, or (9) Instrument approach means an of a civil aircraft of U.S. registry; has been issued or validated by the approach procedure defined in part 97 (2) The Administrator determines the country in which the aircraft is of this chapter. person needs a flight instructor registered. (10) Instrument training means that certificate or ground instructor (c) Medical certificate. (1) Except as time in which instrument training is certificate to train persons who are provided for in paragraph (c)(2) of this received from an authorized instructor citizens of the United States; section, a person who is acting as pilot under actual or simulated instrument (3) The certificate is for an addition of in command or in any other capacity as conditions. a category, class, instrument, or type a required crewmember under any part (11) Knowledge test means a test on rating onto an existing U.S. pilot of this chapter must have a current and the aeronautical knowledge areas certificate, provided the certificate is not appropriate medical certificate, or other required for an airman certificate or one that was issued on the basis of a documentation acceptable to the rating that can be administered in foreign pilot license; Administrator, that has been issued written form or by a computer. (4) The certificate is for an addition, under part 67 of this chapter and is in (12) Pilot time means that time in renewal, or reinstatement of a category, the person’s physical possession or which a person— class, or instrument rating onto an readily accessible in the aircraft. 16302 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(2) A person is not required to meet provided the training is given in (ii) Holds an airline transport pilot the requirements of paragraph (c)(1) of accordance with the privileges of the certificate with category and class this section if that person— certificate in a lighter-than-air aircraft; ratings for that aircraft; or (i) Is exercising the privileges of a (ii) The holder of an airline transport (iii) In the case of a civil aircraft of student pilot certificate while seeking a pilot certificate with a rating foreign registry, is authorized by the pilot certificate with a glider category appropriate to the aircraft in which the country of registry to act as second in rating or balloon class rating; training is given, provided the training command of that aircraft during (ii) Is holding a pilot certificate with is given in accordance with the Category II operations. a balloon class rating and is piloting or privileges of the certificate and (g) Category III pilot authorization. providing training in a balloon as conducted in accordance with an Except for a pilot conducting Category appropriate; approved air carrier training program III operations under part 121 or part (iii) Is holding a pilot certificate or a approved under part 121 or 135 of this 135, a person may not: flight instructor certificate with a glider chapter; (1) Act as pilot in command of a civil category rating, and is piloting or (iii) A person who is qualified in aircraft during Category III operations providing training in a glider, as accordance with subpart C of part 142 unless that person— appropriate; of this chapter, provided the training is (i) Holds a current Category III pilot (iv) Except as provided in paragraph conducted in accordance with an authorization for that category or class (c)(2)(iii) of this section, is exercising approved part 142 training program; of aircraft, and the type of aircraft, if the privileges of a flight instructor (iv) A flight instructor not certificated applicable; or certificate, provided the person is not by the FAA in accordance with § 61.41 (ii) In the case of a civil aircraft of acting as pilot in command or as a of this part; or foreign registry, is authorized by the required crewmember; (v) The holder of a ground instructor country of registry to act as pilot in (v) Is exercising the privileges of a certificate in accordance with the command of that aircraft in Category III ground instructor certificate; privileges of the certificate. operations. (vi) Is operating an aircraft within a (e) Instrument rating. No person may (2) Act as second in command of a foreign country using a pilot license act as pilot in command of a civil civil aircraft during Category III issued by that country and possesses aircraft under IFR or in weather operations unless that person— evidence of current medical conditions less than the minimums (i) Holds a valid pilot certificate with qualification for that license; or prescribed for VFR flight unless that category and class ratings for that (vii) Is operating an aircraft with a person holds: aircraft and a current instrument rating U.S. pilot certificate, issued on the basis (1) The appropriate aircraft category, for that category aircraft; of a foreign pilot license, issued under class, type (if required), and instrument (ii) Holds an airline transport pilot § 61.75 of this part, and holds a current rating on that person’s pilot certificate certificate with category and class medical certificate issued by the foreign for any airplane, helicopter, or powered- ratings for that aircraft; or country that issued the foreign pilot lift being flown; (iii) In the case of a civil aircraft of license, which is in that person’s (2) An airline transport pilot foreign registry, is authorized by the physical possession or readily certificate with the appropriate aircraft country of registry to act as second in accessible in the aircraft when category, class, and type rating (if command of that aircraft during exercising the privileges of that airman required) for the aircraft being flown; Category III operations. certificate. (d) Flight instructor certificate. (1) A (3) For a glider, a pilot certificate with (h) Category A aircraft pilot person who holds a flight instructor a glider category rating and an airplane authorization. The Administrator may certificate must have that certificate, or instrument rating; or issue a certificate of authorization for a other documentation acceptable to the (4) For an airship, a commercial pilot Category II or Category III operation to Administrator, in that person’s physical certificate with a lighter-than-air the pilot of a small aircraft that is a possession or readily accessible in the category rating and airship class rating. Category A aircraft, as identified in aircraft when exercising the privileges (f) Category II pilot authorization. § 97.3(b)(1) of this chapter if: of that flight instructor certificate. Except for a pilot conducting Category (1) The Administrator determines that (2) Except as provided in paragraph II operations under part 121 or part 135, the Category II or Category III operation (d)(3) of this section, no person other a person may not: can be performed safely by that pilot than the holder of a flight instructor (1) Act as pilot in command of a civil under the terms of the certificate of certificate with the appropriate rating on aircraft during Category II operations authorization; and that certificate may— unless that person— (2) The Category II or Category III (i) Give training required to qualify a (i) Holds a current Category II pilot operation does not involve the carriage person for solo flight and solo cross- authorization for that category or class of persons or property for compensation country flight; of aircraft, and the type of aircraft, if or hire. (ii) Endorse an applicant for a pilot, applicable; or (i) Ground instructor certificate. (1) flight instructor, or ground instructor (ii) In the case of a civil aircraft of Each person who holds a ground certificate or rating issued under this foreign registry, is authorized by the instructor certificate must have that part; country of registry to act as pilot in certificate in that person’s physical (iii) Endorse a pilot logbook to show command of that aircraft in Category II possession or immediately accessible training given; or operations. when exercising the privileges of that (iv) Endorse a student pilot certificate (2) Act as second in command of a certificate. and logbook for solo operating civil aircraft during Category II (2) Except as provided in paragraph privileges. operations unless that person— (d) of this section, no person other than (3) A flight instructor certificate is not (i) Holds a valid pilot certificate with the holder of a ground instructor necessary if the training is given by— category and class ratings for that certificate with the appropriate rating on (i) The holder of a commercial pilot aircraft and a current instrument rating that certificate or a person authorized by certificate with a lighter-than-air rating, for that category aircraft; the Administrator may— Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16303

(i) Give ground training required to in the aircraft when exercising the accomplishes the training and qualify a person for solo flight and solo privileges of that authorization. certification requirements for the rating cross-country flight; (l) Inspection of certificate. Each sought: (ii) Endorse an applicant for a person who holds an airman certificate, (1) Aircraft category ratings— knowledge test required for a pilot, medical certificate, authorization, or (i) Airplane. flight instructor, or ground instructor license required by this part must (ii) Rotorcraft. certificate or rating issued under this present it for inspection upon a request (iii) Glider. part; or from: (iv) Lighter-than-air. (iii) Endorse a pilot logbook to show (1) The Administrator; (v) Powered-lift. ground training given. (2) An authorized representative of (2) Airplane class ratings— (j) Age limitation for certain the National Transportation Safety (i) Single-engine land. operations. Board; or (ii) Multiengine land. (1) Age limitation. Except as provided (3) Any Federal, State, or local law (iii) Single-engine sea. in paragraph (j)(3) of this section, no enforcement officer. (iv) Multiengine sea. person who holds a pilot certificate (3) Rotorcraft class ratings— issued under this part shall serve as a § 61.4 Approval of flight simulators and (i) Helicopter. pilot on a civil airplane of U.S. registry flight training devices. (ii) Gyroplane. in the following operations if the person (a) Except as specified in paragraph (4) Lighter-than-air class ratings— has reached his or her 60th birthday— (b) or (c) of this section, each flight (i) Airship. (i) Scheduled international air simulator and flight training device (ii) Balloon. services carrying passengers in turbojet- used for training, and for which an (5) Aircraft type ratings— powered airplanes; airman is to receive credit to satisfy any (i) Large aircraft other than lighter- (ii) Scheduled international air training, testing, or checking than-air. services carrying passengers in airplanes requirement under this chapter, must be (ii) Turbojet-powered airplanes. having a passenger-seat configuration of approved by the Administrator for— (iii) Other aircraft type ratings more than nine passenger seats, (1) The training, testing, and checking specified by the Administrator through excluding each crewmember seat; for which it is used; the aircraft type certification (iii) Nonscheduled international air (2) Each particular maneuver, procedures. transportation for compensation or hire procedure, or crewmember function (6) Instrument ratings (on private and in airplanes having a passenger-seat performed; and commercial pilot certificates only)— configuration of more than 30 passenger (3) The representation of the specific (i) Instrument—Airplane. seats, excluding each crewmember seat; category and class of aircraft, type of (ii) Instrument—Helicopter. or aircraft, particular variation within the (iii) Instrument—Powered-lift. (iv) Scheduled international air type of aircraft, or set of aircraft for (c) The following ratings are placed services, or nonscheduled international certain flight training devices. on a flight instructor certificate when an air transportation for compensation or (b) Any device used for flight training, applicant satisfactorily accomplishes hire, in airplanes having a payload testing, or checking that has been the training and certification capacity of more than 7,500 pounds. determined to be acceptable to or requirements for the rating sought: (2) Definitions. (i) ‘‘International air approved by the Administrator prior to (1) Aircraft category ratings— service,’’ as used in paragraph (j) of this August 1, 1996, which can be shown to (i) Airplane. section, means scheduled air service function as originally designed, is (ii) Rotorcraft. performed in airplanes for the public considered to be a flight training device, (iii) Glider. transport of passengers, mail, or cargo, provided it is used for the same (iv) Powered-lift. in which the service passes through the purposes for which it was originally (2) Airplane class ratings— airspace over the territory of more than accepted or approved and only to the (i) Single-engine. one country. extent of such acceptance or approval. (ii) Multiengine. (ii) ‘‘International air transportation,’’ (c) The Administrator may approve a (3) Rotorcraft class ratings— as used in paragraph (j) of this section, device other than a flight training (i) Helicopter. means air transportation performed in simulator or flight training device for (ii) Gyroplane. airplanes for the public transport of specific purposes. (4) Instrument ratings— passengers, mail, or cargo, in which the (i) Instrument—Airplane. service passes through the airspace over § 61.5 Certificates and ratings issued (ii) Instrument—Helicopter. the territory of more than one country. under this part. (iii) Instrument—Powered-lift. (3) Delayed pilot age limitation. Until (a) The following certificates are (d) The following ratings are placed December 20, 1999, a person may serve issued under this part to an applicant on a ground instructor certificate when as a pilot in operations covered by this who satisfactorily accomplishes the an applicant satisfactorily accomplishes paragraph after that person has reached training and certification requirements the training and certification his or her 60th birthday if, on March 20, for the certificate sought: requirements for the rating sought: 1997, that person was employed as a (1) Pilot certificates— (1) Basic. pilot in operations covered by this (i) Student pilot. (2) Advanced. paragraph. (ii) Recreational pilot. (3) Instrument. (k) Special purpose pilot (iii) Private pilot. authorization. Any person that is (iv) Commercial pilot. § 61.7 Obsolete certificates and ratings. required to hold a special purpose pilot (v) Airline transport pilot. (a) The holder of a free-balloon pilot authorization, issued in accordance (2) Flight instructor certificates. certificate issued before November 1, with § 61.77 of this part, must have that (3) Ground instructor certificates. 1973, may not exercise the privileges of authorization and the person’s foreign (b) The following ratings are placed that certificate. pilot license in that person’s physical on a pilot certificate (other than student (b) The holder of a pilot certificate possession or have it readily accessible pilot) when an applicant satisfactorily that bears any of the following category 16304 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations ratings without an associated class (i) Student pilot certificate that is (ii) In the case of Category III rating may not exercise the privileges of issued outside the United States; or limitations, a limitation is removed as that category rating: (ii) Knowledge test or practical test for specified in the authorization. (1) Rotorcraft. a U.S. airman certificate or rating issued (4) To meet the experience (2) Lighter-than-air. under this part, if the test is requirement of paragraph (e)(3) of this (3) Helicopter. administered outside the United States. section, and for the practical test (4) Autogyro. (2) May be refused issuance of any required by this part for a Category II or U.S. airman certificate, rating, or a Category III pilot authorization, a § 61.9 [Reserved] authorization by the Administrator. flight simulator or flight training device § 61.11 Expired pilot certificates and (c) Except as provided in paragraph may be used if it is approved by the reissuance. (b)(2) of this section, an applicant who Administrator for such use. (a) No person who holds an expired satisfactorily accomplishes the training (f) Unless otherwise authorized by the pilot certificate or rating may: and certification requirements for the Administrator, a person whose pilot, (1) Exercise the privileges of that pilot certificate, rating, or authorization flight instructor, or ground instructor certificate or rating; or sought is entitled to receive that airman certificate has been suspended may not (2) Act as pilot in command or as a certificate, rating, or authorization. apply for any certificate, rating, or required crewmember of an aircraft of (d) Limitations. (1) An applicant who authorization during the period of the same category and class specified on cannot comply with certain areas of suspension. the expired pilot certificate or rating. operation required on the practical test (g) Unless otherwise authorized by the (b) The following pilot certificates and because of physical limitations may be Administrator, a person whose pilot, ratings have expired and may not be issued an airman certificate, rating, or flight instructor, or ground instructor reissued: authorization with the appropriate certificate has been revoked may not (1) An airline transport pilot limitation placed on the applicant’s apply for any certificate, rating, or certificate issued before May 1, 1949, or airman certificate provided the— authorization for 1 year after the date of an airline transport pilot certificate that (i) Applicant is able to meet all other revocation. contains a horsepower limitation; certification requirements for the airman § 61.14 Refusal to submit to a drug or (2) A private or commercial pilot certificate, rating, or authorization alcohol test. certificate issued before July 1, 1945; sought; (a) This section applies to an (ii) Physical limitation has been and employee who performs a function recorded with the FAA on the (3) A pilot certificate with a lighter- listed in appendix I to part 121 or applicant’s medical records; and than-air or free-balloon rating issued appendix J to part 121 of this chapter (iii) The Administrator determines before July 1, 1945. directly or by contract for a part 121 air that the applicant’s inability to perform (c) A pilot certificate issued on the carrier, a part 135 air carrier, or for a the particular area of operation will not basis of a foreign pilot license will person conducting operations as expire on the date the foreign license adversely affect safety. (2) A limitation placed on a person’s specified in § 135.1(a)(5) of this chapter. expires. (b) Refusal by the holder of a airman certificate may be removed, (d) An airline transport pilot certificate issued under this part to take provided that person demonstrates for certificate issued after April 30, 1949, a drug test required under the that bears an expiration date but does an examiner satisfactory proficiency in provisions of appendix I to part 121 or not contain a horsepower limitation the area of operation appropriate to the an alcohol test required under the may be reissued without an expiration airman certificate, rating, or provisions of appendix J to part 121 is date. authorization sought. grounds for: (e) A private or commercial pilot (e) Additional requirements for (1) Denial of an application for any certificate issued after June 30, 1945, Category II and Category III pilot certificate, rating, or authorization that bears an expiration date may be authorizations. (1) A Category II or issued under this part for a period of up reissued without an expiration date. Category III pilot authorization is issued to 1 year after the date of such refusal; (f) A pilot certificate with a lighter- by a letter of authorization as a part of and than-air or free-balloon rating issued an applicant’s instrument rating or (2) Suspension or revocation of any after June 30, 1945, that bears an airline transport pilot certificate. certificate, rating, or authorization expiration date may be reissued without (2) Upon original issue the issued under this part. an expiration date. authorization contains the following (g) A U.S. pilot certificate issued on limitations— § 61.15 Offenses involving alcohol or the basis of a foreign pilot license that (i) For Category II operations, the drugs. does not have an expiration date may be limitation is 1,600 feet RVR and a 150- (a) A conviction for the violation of issued without an expiration date. foot decision height; and any Federal or State statute relating to (ii) For Category III operations, each the growing, processing, manufacture, § 61.13 Issuance of airman certificates, initial limitation is specified in the sale, disposition, possession, ratings, and authorizations. authorization document. transportation, or importation of (a) An applicant for an airman (3) The limitations on a Category II or narcotic drugs, marijuana, or depressant certificate, rating, or authorization Category III pilot authorization may be or stimulant drugs or substances is under this part must make that removed as follows: grounds for: application on a form and in a manner (i) In the case of Category II (1) Denial of an application for any acceptable to the Administrator. limitations, a limitation is removed certificate, rating, or authorization (b) An applicant who is neither a when the holder shows that, since the issued under this part for a period of up citizen of the United States nor a beginning of the sixth preceding month, to 1 year after the date of final resident alien of the United States: the holder has made three Category II conviction; or (1) Must show evidence that the ILS approaches with a 150-foot decision (2) Suspension or revocation of any appropriate fee has been paid when that height to a landing under actual or certificate, rating, or authorization person applies for a— simulated instrument conditions. issued under this part. 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(b) Committing an act prohibited by incident or arose out of the same factual issued on the basis of a foreign pilot § 91.17(a) or § 91.19(a) of this chapter is circumstances related to a previously license may exercise the privileges of grounds for: reported motor vehicle action. that certificate only while that person’s (1) Denial of an application for a (f) Failure to comply with paragraph foreign pilot license is effective. certificate, rating, or authorization (e) of this section is grounds for: (d) Flight instructor certificate. A issued under this part for a period of up (1) Denial of an application for any flight instructor certificate: to 1 year after the date of that act; or certificate, rating, or authorization (1) Is effective only while the holder (2) Suspension or revocation of any issued under this part for a period of up has a current pilot certificate; and certificate, rating, or authorization to 1 year after the date of the motor (2) Except as specified in § 61.197(b) issued under this part. vehicle action; or of this part, expires 24 calendar months (c) For the purposes of paragraphs (d), (2) Suspension or revocation of any from the month in which it was issued (e), and (f) of this section, a motor certificate, rating, or authorization or renewed. vehicle action means: issued under this part. (e) Ground instructor certificate. A (1) A conviction after November 29, ground instructor certificate issued 1990, for the violation of any Federal or § 61.16 Refusal to submit to an alcohol under this part is issued without a State statute relating to the operation of test or to furnish test results. specific expiration date. a motor vehicle while intoxicated by A refusal to submit to a test to (f) Surrender, suspension, or alcohol or a drug, while impaired by indicate the percentage by weight of revocation. Any certificate issued under alcohol or a drug, or while under the alcohol in the blood, when requested by this part ceases to be effective if it is influence of alcohol or a drug; a law enforcement officer in accordance surrendered, suspended, or revoked. (2) The cancellation, suspension, or with § 91.17(c) of this chapter, or a (g) Return of certificates. The holder revocation of a license to operate a refusal to furnish or authorize the of any certificate issued under this part motor vehicle after November 29, 1990, release of the test results requested by that has been suspended or revoked for a cause related to the operation of a the Administrator in accordance with must return that certificate to the FAA motor vehicle while intoxicated by § 91.17(c) or (d) of this chapter, is when requested to do so by the alcohol or a drug, while impaired by grounds for: Administrator. alcohol or a drug, or while under the (a) Denial of an application for any § 61.21 Duration of a Category II and a influence of alcohol or a drug; or certificate, rating, or authorization Category III pilot authorization (for other (3) The denial after November 29, issued under this part for a period of up than part 121 and part 135 use). 1990, of an application for a license to to 1 year after the date of that refusal; (a) A Category II pilot authorization or operate a motor vehicle for a cause or a Category III pilot authorization expires related to the operation of a motor (b) Suspension or revocation of any at the end of the sixth calendar month vehicle while intoxicated by alcohol or certificate, rating, or authorization after the month in which it was issued a drug, while impaired by alcohol or a issued under this part. or renewed. drug, or while under the influence of § 61.17 Temporary certificate. (b) Upon passing a practical test for a alcohol or a drug. Category II or Category III pilot (a) A temporary pilot, flight (d) Except for a motor vehicle action authorization, the authorization may be instructor, or ground instructor that results from the same incident or renewed for each type of aircraft for certificate or rating is issued for up to arises out of the same factual which the authorization is held. circumstances, a motor vehicle action 120 days, at which time a permanent (c) A Category II or Category III pilot occurring within 3 years of a previous certificate will be issued to a person authorization for a specific type aircraft motor vehicle action is grounds for: whom the Administrator finds qualified for which an authorization is held will (1) Denial of an application for any under this part. not be renewed beyond 12 calendar certificate, rating, or authorization (b) A temporary pilot, flight months from the month the practical issued under this part for a period of up instructor, or ground instructor test was accomplished in that type to 1 year after the date of the last motor certificate or rating expires: aircraft. vehicle action; or (1) On the expiration date shown on (d) If the holder of a Category II or (2) Suspension or revocation of any the certificate; Category III pilot authorization passes certificate, rating, or authorization (2) Upon receipt of the permanent the practical test for a renewal in the issued under this part. certificate; or month before the authorization expires, (e) Each person holding a certificate (3) Upon receipt of a notice that the the holder is considered to have passed issued under this part shall provide a certificate or rating sought is denied or it during the month the authorization written report of each motor vehicle revoked. expired. action to the FAA, Civil Aviation Security Division (AMC–700), P.O. Box § 61.19 Duration of pilot and instructor § 61.23 Medical certificates: Requirement certificates. 25810, Oklahoma City, OK 73125, not and duration. later than 60 days after the motor (a) General. The holder of a certificate (a) Operations requiring a medical vehicle action. The report must include: with an expiration date may not, after certificate. Except as provided in (1) The person’s name, address, date that date, exercise the privileges of that paragraph (b) of this section, a person: of birth, and airman certificate number; certificate. (1) Must hold a first-class medical (2) The type of violation that resulted (b) Student pilot certificate. A student certificate when exercising the in the conviction or the administrative pilot certificate expires 24 calendar privileges of an airline transport pilot action; months from the month in which it is certificate; (3) The date of the conviction or issued. (2) Must hold at least a second-class administrative action; (c) Other pilot certificates. A pilot medical certificate when exercising the (4) The State that holds the record of certificate (other than a student pilot privileges of a commercial pilot conviction or administrative action; and certificate) issued under this part is certificate; or (5) A statement of whether the motor issued without a specific expiration (3) Must hold at least a third-class vehicle action resulted from the same date. The holder of a pilot certificate medical certificate— 16306 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) When exercising the privileges of requiring a recreational pilot certificate, (3) Another certificate with specific a private pilot certificate; a private pilot certificate, a flight ratings deleted. (ii) When exercising the privileges of instructor certificate (when acting as (b) Any request made under a recreational pilot certificate; pilot in command or a required paragraph (a) of this section must (iii) Except as specified in paragraph crewmember in operations other than include the following signed statement (b)(3) of this section, when exercising glider or balloon), or a student pilot or its equivalent: ‘‘This request is made the privileges of a student pilot certificate. for my own reasons, with full certificate; (2) A second-class medical certificate knowledge that my (insert name of (iv) When exercising the privileges of expires at the end of the last day of— certificate or rating, as appropriate) may a flight instructor certificate, except for (i) The 12th month after the month of not be reissued to me unless I again pass a flight instructor certificate with a the date of examination shown on the the tests prescribed for its issuance.’’ glider category rating, if the person is certificate for operations requiring a commercial pilot certificate or an air § 61.29 Replacement of a lost or destroyed acting as the pilot in command or is airman or medical certificate or knowledge serving as a required crewmember; or traffic control tower operator certificate; test report. (v) Except for a glider category rating and (a) A request for the replacement of a or a balloon class rating, prior to taking (ii) The period specified in paragraph lost or destroyed airman certificate a practical test that is performed in an (c)(3) of this section for operations issued under this part shall be made by aircraft for a certificate or rating at the requiring a recreational pilot certificate, letter to the Department of recreational, private, commercial, or a private pilot certificate, a flight Transportation, FAA, Airman airline transport pilot certificate level. instructor certificate (when acting as Certification Branch, P.O. Box 25082, (b) Operations not requiring a medical pilot in command or a required Oklahoma City, OK 73125, and shall be certificate. A person is not required to crewmember in operations other than accompanied by a check or money order hold a medical certificate: glider or balloon), or a student pilot for the appropriate fee payable to the (1) When exercising the privileges of certificate. (3) A third-class medical certificate FAA. a pilot certificate with a glider category (b) A request for the replacement of a for operations requiring a recreational rating; lost or destroyed medical certificate (2) When exercising the privileges of pilot certificate, a private pilot shall be made by letter to the a pilot certificate with a balloon class certificate, a flight instructor certificate Department of Transportation, FAA, (when acting as pilot in command or a rating; Aeromedical Certification Branch, P.O. (3) When exercising the privileges of required crewmember in operations Box 25082, Oklahoma City, OK 73125, a student pilot certificate while seeking other than glider or balloon), or a and shall be accompanied by a check or a pilot certificate with a glider category student pilot certificate issued— money order for the appropriate fee rating or balloon class rating; (i) Before September 16, 1996, expires payable to the FAA. at the end of the 24th month after the (4) When exercising the privileges of (c) A request for the replacement of a month of the date of examination shown a flight instructor certificate with a lost or destroyed knowledge test report on the certificate; or glider category rating; shall be made by letter to the (5) When exercising the privileges of (ii) On or after September 16, 1996, Department of Transportation, FAA, a flight instructor certificate if the expires at the end of: Airman Certification Branch, P.O. Box person is not acting as pilot in (A) The 36th month after the month 25082, Oklahoma City, OK 73125, and command or serving as a required of the date of the examination shown on shall be accompanied by a check or crewmember; the certificate if the person has not money order for the appropriate fee (6) When exercising the privileges of reached his or her 40th birthday on or payable to the FAA. a ground instructor certificate; before the date of examination; or (d) The letter requesting replacement (7) When serving as an examiner or (B) The 24th month after the month of of a lost or destroyed airman certificate, check airman during the administration the date of the examination shown on medical certificate, or knowledge test of a test or check for a certificate, rating, the certificate if the person has reached his or her 40th birthday on or before the report must state: or authorization conducted in an (1) The name of the person; date of the examination. approved flight simulator or approved (2) The permanent mailing address flight training device; or § 61.25 Change of name. (including ZIP code), or if the (8) When taking a test or check for a permanent mailing address includes a certificate, rating, or authorization (a) An application to change the name on a certificate issued under this part post office box number, then the conducted in an approved flight person’s current residential address; simulator or approved flight training must be accompanied by the applicant’s: (3) The social security number; device. (4) The date and place of birth of the (c) Duration of a medical certificate. (1) Current airman certificate; and (2) A copy of the marriage license, certificate holder; and (1) A first-class medical certificate court order, or other document verifying (5) Any available information expires at the end of the last day of— regarding the— (i) The sixth month after the month of the name change. (b) The documents in paragraph (a) of (i) Grade, number, and date of the date of examination shown on the this section will be returned to the issuance of the certificate, and the certificate for operations requiring an applicant after inspection. ratings, if applicable; airline transport pilot certificate; (ii) Date of the medical examination, (ii) The 12th month after the month of § 61.27 Voluntary surrender or exchange if applicable; and the date of examination shown on the of certificate. (iii) Date the knowledge test was certificate for operations requiring a (a) The holder of a certificate issued taken, if applicable. commercial pilot certificate or an air under this part may voluntarily (e) A person who has lost an airman traffic control tower operator certificate; surrender it for: certificate, medical certificate, or and (1) Cancellation; knowledge test report may obtain a (iii) The period specified in paragraph (2) Issuance of a lower grade facsimile from the FAA confirming that (c)(3) of this section for operations certificate; or it was issued and the: Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16307

(1) Facsimile may be carried as an is carrying another person, or is person is proficient to operate a airman certificate, medical certificate, or operated for compensation or hire. That complex airplane. knowledge test report, as appropriate, person also may not act as pilot in (2) The training and endorsement for up to 60 days pending the person’s command of that aircraft for required by paragraph (f)(1) of this receipt of a duplicate under paragraph compensation or hire. section is not required if the person has (a), (b), or (c) of this section, unless the (d) Aircraft category, class, and type logged flight time as pilot in command person has been notified that the ratings: Limitations on operating an of a complex airplane, or in an approved certificate has been suspended or aircraft as the pilot in command. To flight simulator or approved flight revoked. serve as the pilot in command of an training device that is representative of (2) Request for such a facsimile must aircraft, a person must: a complex airplane prior to August 4, include the date on which a duplicate (1) Hold the appropriate category, 1997. certificate or knowledge test report was class, and type rating (if a class rating (g) Additional training required for previously requested. and type rating is required) for the operating high-performance airplanes. aircraft to be flown; § 61.31 Type rating requirements, (1) Except as provided in paragraph (2) Be receiving training for the (g)(2) of this section, no person may act additional training, and authorization purpose of obtaining an additional pilot requirements. as pilot in command of a high- certificate and rating that are performance airplane (an airplane with (a) Type ratings required. A person appropriate to that aircraft, and be who acts as a pilot in command of any an engine of more than 200 under the supervision of an authorized horsepower), unless the person has— of the following aircraft must hold a instructor; or type rating for that aircraft: (3) Have received training required by (i) Received and logged ground and (1) Large aircraft (except lighter-than- this part that is appropriate to the flight training from an authorized air). aircraft category, class, and type rating instructor in a high-performance (2) Turbojet-powered airplanes. (if a class or type rating is required) for airplane, or in an approved flight (3) Other aircraft specified by the the aircraft to be flown, and have simulator or approved flight training Administrator through aircraft type received the required endorsements device that is representative of a high- certificate procedures. from an instructor who is authorized to performance airplane, and has been (b) Authorization in lieu of a type provide the required endorsements for found proficient in the operation and rating. A person may be authorized to solo flight in that aircraft. systems of the airplane; and operate an aircraft requiring a type (e) Exceptions. (1) This section does (ii) Received a one-time endorsement rating without a type rating for up to 60 not require a category and class rating in the pilot’s logbook from an days, provided: for aircraft not type certificated as authorized instructor who certifies the (1) The Administrator has authorized airplanes, rotorcraft, gliders, powered- person is proficient to operate a high- the flight or series of flights; lift, or lighter-than-air aircraft. performance airplane. (2) The Administrator has determined (2) The rating limitations of this (2) The training and endorsement that an equivalent level of safety can be section do not apply to: required by paragraph (g)(1) of this achieved through the operating (i) An applicant when taking a section is not required if the person has limitations on the authorization; practical test given by an examiner; logged flight time as pilot in command (3) The person shows that compliance (ii) The holder of a student pilot of a high-performance airplane, or in an with paragraph (a) of this section is certificate; approved flight simulator or approved impracticable for the flight or series of (iii) The holder of a pilot certificate flight training device that is flights; and when operating an aircraft under the representative of a high-performance (4) The flight— authority of an experimental or airplane prior to August 4, 1997. (i) Involves only a ferry flight, training provisional aircraft type certificate; and (h) Additional training required for flight, test flight, or practical test for a (iv) The holder of a pilot certificate operating pressurized aircraft capable of pilot certificate or rating; with a lighter-than-air category rating operating at high altitudes. (1) Except as (ii) Is within the United States; when operating a balloon. provided in paragraph (h)(3) of this (iii) Does not involve operations for (f) Additional training required for section, no person may act as pilot in compensation or hire unless the operating complex airplanes. (1) Except command of a pressurized aircraft (an compensation or hire involves payment as provided in paragraph (f)(2) of this aircraft that has a service ceiling or for the use of the aircraft for training or section, no person may act as pilot in maximum operating altitude, whichever taking a practical test; and command of a complex airplane (an is lower, above 25,000 feet MSL), unless (iv) Involves only the carriage of flight airplane that has a retractable landing that person has received and logged crewmembers considered essential for gear, flaps, and a controllable pitch ground training from an authorized the flight. propeller; or, in the case of a seaplane, instructor. The ground training must (5) If the flight or series of flights flaps and a controllable pitch propeller), include at least the following subjects— cannot be accomplished within the time unless the person has— (i) High-altitude aerodynamics and limit of the authorization, the (i) Received and logged ground and meteorology; Administrator may authorize an flight training from an authorized (ii) Respiration; additional period of up to 60 days to instructor in a complex airplane, or in accomplish the flight or series of flights. an approved flight simulator or (iii) Effects, symptoms, and causes of (c) Aircraft category, class, and type approved flight training device that is hypoxia and any other high-altitude ratings: Limitations on the carriage of representative of a complex airplane, sickness; persons, or operating for compensation and has been found proficient in the (iv) Duration of consciousness or hire. Unless a person holds a operation and systems of the airplane; without supplemental oxygen; category, class, and type rating (if a class and (v) Effects of prolonged usage of and type rating is required) that applies (ii) Received a one-time endorsement supplemental oxygen; to the aircraft, that person may not act in the pilot’s logbook from an (vi) Causes and effects of gas as pilot in command of an aircraft that authorized instructor who certifies the expansion and gas bubble formation; 16308 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(vii) Preventive measures for section, no person may act as pilot in § 61.35 Knowledge test: Prerequisites and eliminating gas expansion, gas bubble command of a tailwheel airplane unless passing grades. formation, and high-altitude sickness; that person has: (a) An applicant for a knowledge test (viii) Physical phenomena and (1) Received and logged flight training must have: incidents of decompression; and from an authorized instructor in a (1) Received an endorsement from an (ix) Any other physiological aspects of tailwheel airplane on the maneuvers authorized instructor certifying that the high-altitude flight. and procedures listed in paragraph (j)(2) applicant accomplished a ground- (2) Except as provided in paragraph of this section. training or a home-study course (h)(3) of this section, no person may act (2) Received an endorsement in the required by this part for the certificate as pilot in command of a pressurized person’s logbook from an authorized or rating sought and is prepared for the aircraft unless that person has— knowledge test; and (i) Received and logged training from instructor who found the person (2) Proper identification at the time of an authorized instructor in a proficient in the operation of a tailwheel application that contains the pressurized aircraft, or in an approved airplane, to include at least normal and applicant’s— flight simulator or approved flight crosswind takeoffs and landings, wheel training device that is representative of landings (unless the manufacturer has (i) Photograph; a pressurized aircraft, which includes recommended against such landings), (ii) Signature; normal cruise flight operations while and go-around procedures. (iii) Date of birth, which shows the operating above 25,000 feet MSL, proper (3) The training and endorsement applicant meets or will meet the age emergency procedures for simulated required by this paragraph is not requirements of this part for the rapid decompression without actually required if the person logged pilot-in- certificate sought before the expiration depressurizing the aircraft, and command time in a tailwheel airplane date of the airman knowledge test emergency descent procedures; and before April 15, 1991. report; and (ii) An endorsement in the person’s (k) Additional training required for (iv) Actual residential address, if logbook or training record from an operating a glider. (1) No person may different from the applicant’s mailing authorized instructor who found the act as pilot in command of a glider: address. person proficient in the operation of a (i) Using ground-tow procedures, (b) The Administrator shall specify pressurized aircraft. unless that person has satisfactorily the minimum passing grade for the (3) The training and endorsement accomplished ground and flight training knowledge test. required by paragraphs (h)(1) and (h)(2) on ground-tow procedures and of this section is not required if that § 61.37 Knowledge tests: Cheating or operations, and has received an other unauthorized conduct. person can document satisfactory endorsement from an authorized accomplishment of any of the following instructor who certifies in that pilot’s (a) An applicant for a knowledge test in a pressurized aircraft, or in an logbook that the pilot has been found may not: approved flight simulator or approved proficient in ground-tow procedures (1) Copy or intentionally remove any flight training device that is and operations; knowledge test; representative of a pressurized aircraft— (ii) Using aerotow procedures, unless (2) Give to another applicant or (i) Serving as pilot in command before that person has satisfactorily receive from another applicant any part April 15, 1991; accomplished ground and flight training or copy of a knowledge test; (ii) Completing a practical test for a on aerotow procedures and operations, (3) Give assistance on, or receive pilot certificate or rating before April 15, and has received an endorsement from assistance on, a knowledge test during 1991; an authorized instructor who certifies in the period that test is being given; (iii) Completing an official pilot in that pilot’s logbook that the pilot has (4) Take any part of a knowledge test command check conducted by the been found proficient in aerotow on behalf of another person; military services of the United States; or procedures and operations; and (5) Be represented by, or represent, (iv) Completing a pilot in command another person for a knowledge test; proficiency check under part 121, 125, (iii) Using self-launch procedures, (6) Use any material or aid during the or 135 of this chapter conducted by the unless that person has satisfactorily period that the test is being given, Administrator or by an approved check accomplished ground and flight training unless specifically authorized to do so airman. on self-launch procedures and by the Administrator; and (i) Additional training required by the operations, and has received an aircraft’s type certificate. No person may endorsement from an authorized (7) Intentionally cause, assist, or serve as pilot in command of an aircraft instructor who certifies in that pilot’s participate in any act prohibited by this that the Administrator has determined logbook that the pilot has been found paragraph. requires aircraft type-specific training proficient in self-launch procedures and (b) An applicant who the unless that person has: operations. Administrator finds has committed an (1) Received and logged type-specific (2) The holder of a glider rating issued act prohibited by paragraph (a) of this training in the aircraft, or in an prior to August 4, 1997 is considered to section is prohibited, for 1 year after the approved flight simulator or an be in compliance with the training and date of committing that act, from: approved flight training device that is logbook endorsement requirements of (1) Applying for any certificate, rating, representative of that type of aircraft; this paragraph for the specific operating or authorization issued under this and privilege for which the holder is already chapter; and (2) Received a logbook endorsement qualified. (2) Applying for and taking any test from an authorized instructor who has under this chapter. found the person proficient in the § 61.33 Tests: General procedure. (c) Any certificate or rating held by an operation of the aircraft and its systems. Tests prescribed by or under this part applicant may be suspended or revoked (j) Additional training required for are given at times and places, and by if the Administrator finds that person operating tailwheel airplanes. Except as persons designated by the has committed an act prohibited by provided in paragraph (j)(3) of this Administrator. paragraph (a) of this section. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16309

§ 61.39 Prerequisites for practical tests. the pilot in command aircraft required tasks on the practical test is (a) Except as provided in paragraphs qualification training program that is based on that applicant’s ability to (b) and (c) of this section, to be eligible appropriate to the certificate and rating safely: for a practical test for a certificate or sought. (1) Perform the tasks specified in the rating issued under this part, an (c) A person is not required to comply areas of operation for the certificate or applicant must: with the provisions of paragraph (a)(6) rating sought within the approved (1) Pass the required knowledge test of this section if that person: standards; within the 24-calendar-month period (1) Holds a foreign-pilot license (2) Demonstrate mastery of the aircraft preceding the month the applicant issued by a contracting State to the with the successful outcome of each completes the practical test, if a Convention on International Civil task performed never seriously in doubt; knowledge test is required; Aviation that authorizes at least the (3) Demonstrate satisfactory (2) Present the knowledge test report pilot privileges of the airman certificate proficiency and competency within the at the time of application for the sought; approved standards; practical test, if a knowledge test is (2) Is applying for a type rating only, (4) Demonstrate sound judgment; and required; or a class rating with an associated type (5) Demonstrate single-pilot (3) Have satisfactorily accomplished rating; or competence if the aircraft is type the required training and obtained the (3) Is applying for an airline transport certificated for single-pilot operations. aeronautical experience prescribed by pilot certificate or an additional rating (b) If an applicant does not this part for the certificate or rating to an airline transport pilot certificate in demonstrate single pilot proficiency, as sought; an aircraft that does not require an required in paragraph (a)(5) of this (4) Hold at least a current third-class aircraft type rating practical test. section, a limitation of ‘‘Second in medical certificate, if a medical (d) If all increments of the practical Command Required’’ will be placed on certificate is required; test for a certificate or rating are not the applicant’s airman certificate. The (5) Meet the prescribed age completed on one date, all remaining limitation may be removed if the requirement of this part for the issuance increments of the test must be applicant passes the appropriate of the certificate or rating sought; satisfactorily completed not more than practical test by demonstrating single- (6) Except as provided in paragraph 60 calendar days after the date on which pilot competency in the aircraft in (c) of this section, have an endorsement the applicant began the test. which single-pilot privileges are sought. in the applicant’s logbook or training (e) If all increments of the practical (c) If an applicant fails any area of record that has been signed by an test for a certificate or a rating are not operation, that applicant fails the authorized instructor who certifies that satisfactorily completed within 60 practical test. the applicant— calendar days after the date on which (d) An applicant is not eligible for a (i) Has received and logged training the applicant began the test, the certificate or rating sought until all the time within 60 days preceding the date applicant must retake the entire areas of operation are passed. of application in preparation for the practical test, including those (e) The examiner or the applicant may practical test; increments satisfactorily completed. discontinue a practical test at any time: (ii) Is prepared for the required (1) When the applicant fails one or practical test; and § 61.41 Flight training received from flight more of the areas of operation; or (iii) Has demonstrated satisfactory instructors not certificated by the FAA. (2) Due to inclement weather knowledge of the subject areas in which (a) A person may credit flight training conditions, aircraft airworthiness, or the applicant was deficient on the toward the requirements of a pilot any other safety-of-flight concern. airman knowledge test; and certificate or rating issued under this (f) If a practical test is discontinued, (7) Have a completed and signed part, if that person received the training the applicant is entitled credit for those application form. from: areas of operation that were passed, but (b) Notwithstanding the provisions of (1) A flight instructor of an Armed only if the applicant: paragraphs (a)(1) and (2) of this section, Force in a program for training military (1) Passes the remainder of the an applicant for an airline transport pilots of either— practical test within the 60-day period pilot certificate or an additional rating (i) The United States; or after the date the practical test was to an airline transport certificate may (ii) A foreign contracting State to the discontinued; take the practical test for that certificate Convention on International Civil (2) Presents to the examiner for the or rating with an expired knowledge test Aviation. retest the original notice of disapproval report, provided that the applicant: (2) A flight instructor who is form or the letter of discontinuance (1) Is employed as a flight authorized to give such training by the form, as appropriate; crewmember by a certificate holder licensing authority of a foreign (3) Satisfactorily accomplishes any under part 121, 125, or 135 of this contracting State to the Convention on additional training needed and obtains chapter at the time of the practical test International Civil Aviation, and the the appropriate instructor and has satisfactorily accomplished that flight training is given outside the endorsements, if additional training is operator’s approved— United States. required; and (i) Pilot in command aircraft (b) A flight instructor described in (4) Presents to the examiner for the qualification training program that is paragraph (a) of this section is only retest a properly completed and signed appropriate to the certificate and rating authorized to give endorsements to application. sought; and show training given. (ii) Qualification training § 61.45 Practical tests: Required aircraft requirements appropriate to the § 61.43 Practical tests: General and equipment. certificate and rating sought; or procedures. (a) General. Except as provided in (2) Is employed as a flight (a) Except as provided in paragraph paragraph (a)(2) of this section or when crewmember in scheduled U.S. military (b) of this section, the ability of an permitted to accomplish the entire flight air transport operations at the time of applicant for a certificate or rating increment of the practical test in an the practical test, and has accomplished issued under this part to perform the approved flight simulator or an 16310 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations approved flight training device, an (e) Aircraft with single controls. A awareness, spin entry, spins, and spin applicant for a certificate or rating practical test may be conducted in an recovery to an examiner during the issued under this part must furnish: aircraft having a single set of controls, retest. (1) An aircraft of U.S. registry for each provided the: required test that— (1) Examiner agrees to conduct the § 61.51 Pilot logbooks. (i) Is of the category, class, and type, test; (a) Training time and aeronautical if applicable, for which the applicant is (2) Test does not involve a experience. Each person must document applying for a certificate or rating; and demonstration of instrument skills; and and record the following time in a (ii) Has a current standard, limited, or (3) Proficiency of the applicant can be manner acceptable to the Administrator: primary airworthiness certificate. observed by an examiner who is in a (1) Training and aeronautical (2) At the discretion of the examiner position to observe the applicant. experience used to meet the who administers the practical test, the requirements for a certificate, rating, or § 61.47 Status of an examiner who is flight review of this part. applicant may furnish— authorized by the Administrator to conduct (i) An aircraft that has a current practical tests. (2) The aeronautical experience airworthiness certificate other than required for meeting the recent flight (a) An examiner represents the standard, limited, or primary, but that experience requirements of this part. Administrator for the purpose of otherwise meets the requirement of (b) Logbook entries. For the purposes conducting practical tests for certificates paragraph (a)(1) of this section; of meeting the requirements of (ii) An aircraft of the same category, and ratings issued under this part and paragraph (a) of this section, each class, and type, if applicable, of foreign to observe an applicant’s ability to person must enter the following registry that is properly certificated by perform the areas of operation on the information for each flight or lesson the country of registry; or practical test. logged: (b) The examiner is not the pilot in (iii) A military aircraft of the same (1) General— command of the aircraft during the category, class, and type, if applicable, (i) Date. practical test unless the examiner agrees for which the applicant is applying for (ii) Total flight time. to act in that capacity for the flight or a certificate or rating. (iii) Location where the aircraft (b) Required equipment (other than for a portion of the flight by prior departed and arrived, or for lessons in controls). An aircraft used for a practical arrangement with: an approved flight simulator or an (1) The applicant; or approved flight training device, the test must have: (2) A person who would otherwise act (1) The equipment for each area of location where the lesson occurred. as pilot in command of the flight or for operation required for the practical test; (iv) Type and identification of aircraft, a portion of the flight. (2) No prescribed operating (c) Notwithstanding the type of approved flight simulator, or approved limitations that prohibit its use in any aircraft used during the practical test, flight training device, as appropriate. of the areas of operation required for the (v) The name of a safety pilot, if the applicant and the examiner (and any practical test; required by § 91.109(b) of this chapter. other occupants authorized to be on (3) Except as provided in paragraph (2) Type of pilot experience or board by the examiner) are not subject (e) of this section, at least two pilot training— to the requirements or limitations on the stations with adequate visibility for each (i) Solo. carriage of passengers that are specified person to operate the aircraft safely; and (ii) Pilot in command. in this chapter. (4) Cockpit and outside visibility (iii) Second in command. adequate to evaluate the performance of § 61.49 Retesting after failure. (iv) Flight and ground training the applicant when an additional jump (a) An applicant for a knowledge or received from an authorized instructor. seat is provided for the examiner. practical test who fails that test may (v) Training received in an approved (c) Required controls. An aircraft reapply for the test only after the flight simulator or approved flight (other than a lighter-than-air aircraft) applicant has received: training device from an authorized used for a practical test must have (1) The necessary training from an instructor. engine power controls and flight authorized instructor who has (3) Conditions of flight— controls that are easily reached and determined that the applicant is (i) Day or night. operable in a conventional manner by proficient to pass the test; and (ii) Actual instrument. both pilots, unless the examiner (2) An endorsement from an (iii) Simulated instrument conditions determines that the practical test can be authorized instructor who gave the in flight, an approved flight simulator, conducted safely in the aircraft without applicant the additional training. or an approved flight training device. the controls being easily reached. (b) An applicant for a flight instructor (c) Logging of pilot time. The pilot (d) Simulated instrument flight certificate with an airplane category time described in this section may be equipment. An applicant for a practical rating or, for a flight instructor used to: test that involves maneuvering an certificate with a glider category rating, (1) Apply for a certificate or rating aircraft solely by reference to who has failed the practical test due to issued under this part; or instruments must furnish: deficiencies in instructional proficiency (2) Satisfy the recent flight experience (1) Equipment on board the aircraft on stall awareness, spin entry, spins, or requirements of this part. that permits the applicant to pass the spin recovery must: (d) Logging of solo flight time. Except areas of operation that apply to the (1) Comply with the requirements of for a student pilot acting as pilot in rating sought; and paragraph (a) of this section before being command of an airship requiring more (2) A device that prevents the retested; than one flight crewmember, a pilot may applicant from having visual reference (2) Bring an aircraft to the retest that log as solo flight time only that flight outside the aircraft, but does not prevent is of the appropriate aircraft category for time when the pilot is the sole occupant the examiner from having visual the rating sought and is certificated for of the aircraft. reference outside the aircraft, and is spins; and (e) Logging pilot-in-command flight otherwise acceptable to the (3) Demonstrate satisfactory time. (1) A recreational, private, or Administrator. instructional proficiency on stall commercial pilot may log pilot-in- Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16311 command time only for that flight time (ii) The name of the safety pilot, if to meet the requirements for the medical during which that person is— required. certificate necessary for the pilot (i) The sole manipulator of the (4) An approved flight simulator or operation. controls of an aircraft for which the approved flight training device may be (b) Operations that do not require a pilot is rated; or used by a person to log instrument flight medical certificate. For operations (ii) Except for a recreational pilot, time, provided an authorized instructor provided for in § 61.23(b) of this part, a when acting as pilot in command of an is present during the simulated flight. person shall not act as pilot in aircraft on which more than one pilot is (h) Logging training time. (1) A person command, or in any other capacity as a required under the type certification of may log training time when that person required pilot flight crewmember, while the aircraft or the regulations under receives training from an authorized that person knows or has reason to which the flight is conducted. instructor in an aircraft, approved flight know of any medical condition that (2) An airline transport pilot may log simulator, or approved flight training would make the person unable to as pilot-in-command time all of the device. operate the aircraft in a safe manner. flight time while acting as pilot-in- (2) The training time must be logged command of an operation requiring an in a logbook and must: § 61.55 Second-in-command airline transport pilot certificate. (i) Be endorsed in a legible manner by qualifications. (3) An authorized instructor may log the authorized instructor; and (a) Except as provided in paragraph as pilot-in-command time all flight time (ii) Include a description of the (d) of this section, no person may serve while acting as an authorized instructor. training given, the length of the training as a second in command of an aircraft (4) A student pilot may log pilot-in- lesson, and the instructor’s signature, type certificated for more than one command time when the student pilot— certificate number, and certificate required pilot flight crewmember or in (i) Is the sole occupant of the aircraft; expiration date. operations requiring a second in (ii) Has a current solo flight (i) Presentation of required command unless that person holds: endorsement as required under § 61.87 documents. (1) Persons must present (1) At least a current private pilot of this part; and their pilot certificate, medical certificate with the appropriate category (iii) Is undergoing training for a pilot certificate, logbook, or any other record and class rating; and certificate or rating, is acting as pilot in required by this part for inspection (2) An instrument rating that applies command of an airship requiring more upon a reasonable request by— to the aircraft being flown if the flight than one flight crewmember, or is (i) The Administrator; is under IFR. logging pilot-in-command flight time to (ii) An authorized representative from (b) Except as provided in paragraph obtain the pilot-in-command flight the National Transportation Safety (d) of this section, no person may serve experience requirements for a pilot Board; or as a second in command of an aircraft certificate or aircraft rating. (iii) Any Federal, State, or local law type certificated for more than one (f) Logging second-in-command flight enforcement officer. required pilot flight crewmember or in time. A person may log second-in- (2) A student pilot must carry the operations requiring a second in command flight time only for that flight following items in the aircraft on all command unless that person has within time during which that person: solo cross-country flights as evidence of the previous 12 calendar months: (1) Is qualified in accordance with the the required instructor clearances and (1) Become familiar with the second-in-command requirements of endorsements— following information for the specific § 61.55 of this part, and occupies a (i) Pilot logbook; type aircraft for which second-in- crewmember station in an aircraft that (ii) Student pilot certificate; and command privileges are requested— requires more than one pilot by the (iii) Any other record required by this (i) Operational procedures applicable aircraft’s type certificate; or section. to the powerplant, equipment, and (2) Holds the appropriate category, (3) A recreational pilot must carry his systems. class, and instrument rating (if an or her logbook with the required (ii) Performance specifications and instrument rating is required for the instructor endorsements on all flights limitations. flight) for the aircraft being flown, and when serving as pilot in command or as (iii) Normal, abnormal, and more than one pilot is required under a required flight crewmember for flights emergency operating procedures. the type certification of the aircraft or of more than 50 nautical miles from an (iv) Flight manual. the regulations under which the flight is airport where training was received. (v) Placards and markings. being conducted. (2) Except as provided in paragraph (g) Logging instrument flight time. (1) § 61.53 Prohibition on operations during (e) of this section, performed and logged A person may log instrument flight time medical deficiency. pilot time in the type of aircraft or in an only for that flight time when the person (a) Operations that require a medical approved flight simulator or approved operates the aircraft solely by reference certificate. Except as provided for in flight training device that represents the to instruments under actual or paragraph (b) of this section, a person type of aircraft for which second-in- simulated instrument flight conditions. who holds a current medical certificate command privileges are requested, (2) An authorized instructor may log issued under part 67 of this chapter which includes— instrument flight time when conducting shall not act as pilot in command, or in (i) Three takeoffs and three landings instrument flight instruction in actual any other capacity as a required pilot as the sole manipulator of the flight instrument flight conditions. flight crewmember, while that person: controls; (3) For the purposes of logging (1) Knows or has reason to know of (ii) Engine-out procedures and instrument flight time to meet the recent any medical condition that would make maneuvering with an engine out while instrument experience requirements of the person unable to meet the executing the duties of pilot in § 61.57(c) of this part, the following requirements for the medical certificate command; and information must be recorded in the necessary for the pilot operation; or (iii) Crew resource management person’s logbook— (2) Is taking medication or receiving training. (i) The location and type of each other treatment for a medical condition (c) If a person complies with the instrument approach accomplished; and that results in the person being unable requirements in paragraph (b) of this 16312 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations section in the calendar month before or § 61.56 Flight review. (h) A flight simulator or flight training the calendar month after the month in (a) Except as provided in paragraphs device may be used to meet the flight which compliance with this section is (b) and (f) of this section, a flight review review requirements of this section required, then that person is considered consists of a minimum of 1 hour of subject to the following conditions: to have accomplished the training and flight training and 1 hour of ground (1) The flight simulator or flight practice in the month it is due. training. The review must include: training device must be approved by the (d) This section does not apply to a (1) A review of the current general Administrator for that purpose. person who is: operating and flight rules of part 91 of (2) The approved flight simulator or (1) Designated and qualified as a pilot this chapter; and approved flight training device must be in command under part 121, 125, or 135 (2) A review of those maneuvers and used in accordance with an approved of this chapter in that specific type of procedures that, at the discretion of the course conducted by a training center aircraft; person giving the review, are necessary certificated under part 142 of this (2) Designated as the second in for the pilot to demonstrate the safe chapter. command under part 121, 125, or 135 of exercise of the privileges of the pilot (3) Unless the flight review is this chapter, in that specific type of certificate. undertaken in a flight simulator that is (b) Glider pilots may substitute a aircraft; approved for landings, the applicant minimum of three instructional flights must meet the takeoff and landing (3) Designated as the second in in a glider, each of which includes a requirements of § 61.57(a) or § 61.57(b) command in that specific type of aircraft flight to traffic pattern altitude, in lieu of this part. for the purpose of receiving flight of the 1 hour of flight training required (4) The approved flight simulator or training required by this section, and no in paragraph (a) of this section. approved flight training device used passengers or cargo are carried on the (c) Except as provided in paragraphs must represent an aircraft, or set of aircraft; or (d) and (e) of this section, no person aircraft, for which the pilot is rated. (4) Designated as a safety pilot for may act as pilot in command of an purposes required by § 91.109(b) of this aircraft unless, since the beginning of § 61.57 Recent flight experience: Pilot in chapter. the 24th calendar month before the command. (e) The holder of a commercial or month in which that pilot acts as pilot (a) General experience. (1) Except as airline transport pilot certificate with in command, that person has: provided in paragraph (e) of this the appropriate category and class rating (1) Accomplished a flight review section, no person may act as a pilot in is not required to meet the requirements given in an aircraft for which that pilot command of an aircraft carrying of paragraph (b)(2) of this section, is rated by an appropriately rated passengers or as a required pilot on provided the pilot: instructor certificated under this part or board an aircraft that requires more than (1) Is conducting a ferry flight, aircraft other person designated by the one pilot flight crewmember unless that flight test, or evaluation flight of an Administrator; and person has made at least three takeoffs aircraft’s equipment; and (2) A logbook endorsed by the person and three landings within the preceding (2) Is not carrying any person or who gave the review certifying that the 90 days, and— property on board the aircraft, other person has satisfactorily completed the (i) The person acted as the sole than necessary for conduct of the flight. review. manipulator of the flight controls; and (f) For the purpose of meeting the (d) A person who has, within the (ii) The required takeoffs and landings requirements of paragraph (b) of this period specified in paragraph (c) of this were performed in an aircraft of the section, a person may serve as second in section, passed a pilot proficiency check same category, class, and type (if a type command in that specific type aircraft, conducted by an examiner, an approved rating is required), and, if the aircraft to provided: pilot check airman, or a U.S. Armed be flown is an airplane with a tailwheel, (1) The flight is conducted under day Force, for a pilot certificate, rating, or the takeoffs and landings must have VFR or day IFR; and operating privilege need not accomplish been made to a full stop in an airplane with a tailwheel. (2) No person or property is carried on the flight review required by this (2) For the purpose of meeting the board the aircraft, other than necessary section. (e) A person who has, within the requirements of paragraph (a)(1) of this for conduct of the flight. period specified in paragraph (c) of this section, a person may act as a pilot in (g) Except as provided in paragraph section, satisfactorily accomplished one command of an aircraft under day VFR (h) of this section, the requirements of or more phases of an FAA-sponsored or day IFR, provided no persons or paragraph (b) of this section may be pilot proficiency award program need property are carried on board the accomplished in an approved flight not accomplish the flight review aircraft, other than those necessary for simulator that is— required by this section. the conduct of the flight. (1) Qualified and approved by the (f) A person who holds a current flight (3) The takeoffs and landings required Administrator for such purposes; and instructor certificate who has, within by paragraph (a)(1) of this section may (2) Used in accordance with an the period specified in paragraph (c) of be accomplished in an approved flight approved course conducted by a this section, satisfactorily completed a simulator or an approved flight training training center certificated under part renewal of a flight instructor certificate device that is— 142 of this chapter. under the provisions in § 61.197 need (i) Approved by the Administrator for (h) An applicant for an initial second- not accomplish the 1 hour of ground landings; and in-command qualification for a training specified in paragraph (a) of (ii) Used in accordance with an particular type of aircraft who is this section. approved course conducted by a qualifying under the terms of paragraph (g) The requirements of this section training center certificated under part (g) of this section must satisfactorily may be accomplished in combination 142 of this chapter. complete a minimum of one takeoff and with the requirements of § 61.57 and (b) Night takeoff and landing one landing in an aircraft of the same other applicable recent experience experience. (1) Except as provided in type for which the qualification is requirements at the discretion of the paragraph (e) of this section, no person sought. person conducting the flight review. may act as pilot in command of an Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16313 aircraft carrying passengers during the tasks required by the instrument rating part 121, 125, 133, 135, or 137 of this period beginning 1 hour after sunset and practical test. chapter. ending 1 hour before sunrise, unless (1) The instrument proficiency check (c) The pilot in command check given within the preceding 90 days that must be— in accordance with the provisions of person has made at least three takeoffs (i) In an aircraft that is appropriate to part 121, 125, or 135 of this chapter may and three landings to a full stop during the aircraft category; be used to satisfy the requirements of the period beginning 1 hour after sunset (ii) In an approved flight simulator or this section. and ending 1 hour before sunrise. approved flight training device that is (d) The pilot in command check (2) The takeoffs and landings required representative of the aircraft category required by paragraph (a) of this section by paragraph (b)(1) of this section may (other than a glider); or may be accomplished by satisfactory be accomplished in a flight simulator (iii) For a glider, in a single-engine completion of one of the following: that is— airplane or a glider. (1) A pilot in command proficiency (i) Approved by the Administrator for (2) The instrument proficiency check check conducted by a person authorized takeoffs and landings, if the visual must be given by— by the Administrator, consisting of the system is adjusted to represent the (i) An examiner; (ii) A person authorized by the U.S. maneuvers and procedures required for period described in paragraph (b)(1) of Armed Forces to conduct instrument a type rating; this section; and (2) The practical test required for a flight tests, provided the person being (ii) Used in accordance with an type rating; tested is a member of the U.S. Armed approved course conducted by a (3) The initial or periodic practical Forces; training center certificated under part (iii) A company check pilot who is test required for the issuance of a pilot 142 of this chapter. authorized to conduct instrument flight examiner or check airman designation; (c) Recent instrument experience. tests under part 121, 125, or 135 of this or Except as provided in paragraph (e) of chapter, and provided that both the (4) A military flight check required for this section, no person may act as pilot check pilot and the pilot being tested a pilot in command with instrument in command under IFR or in weather are employees of that operator; privileges, in an aircraft that the military conditions less than the minimums (iv) An instrument flight instructor requires to be operated by more than prescribed for VFR, unless within the who holds the appropriate instrument one pilot. preceding 6 calendar months, that instructor rating; or (e) A check or test described in person has: (v) A person approved by the paragraphs (d)(1) through (d)(4) of this (1) For the purpose of obtaining Administrator to conduct instrument section may be accomplished in a flight instrument experience in an aircraft practical tests. simulator approved under this chapter. (other than a glider), performed and (e) Exceptions. (1) Paragraphs (a) and (f) For the purpose of meeting the logged under actual or simulated (b) of this section do not apply to a pilot check requirements of paragraph (a) of instrument conditions, either in flight in command who is employed by a this section, a person may act as pilot appropriate to the appropriate category certificate holder under part 125 and in command of a flight under day VFR of aircraft for the instrument privileges engaged in a flight operation for that conditions or day IFR conditions if no sought or in an approved flight certificate holder if the pilot is in person or property is carried, other than simulator or approved flight training compliance with §§ 125.281 and as necessary to demonstrate compliance device that is representative of the 125.285 of this chapter. with this part. aircraft category for the instrument (2) This section does not apply to a (g) If a pilot takes the check required privileges sought— pilot in command who is employed by by this section in the calendar month (i) At least six instrument approaches; an air carrier certificated under part 121 before or the calendar month after the (ii) Holding procedures; and or 135 and is engaged in a flight month in which it is due, the pilot is (iii) Intercepting and tracking courses operation under part 91, 121, or 135 for considered to have taken it in the month through the use of navigation systems. that air carrier if the pilot is in in which it was due for the purpose of (2) For the purpose of obtaining computing when the next check is due. instrument experience in a glider, compliance with §§ 121.437 and performed and logged under actual or 121.439, or §§ 135.243 and 135.247 of § 61.59 Falsification, reproduction, or simulated instrument conditions— this chapter, as appropriate. alteration of applications, certificates, (i) At least 3 hours of instrument time § 61.58 Pilot-in-command proficiency logbooks, reports, or records. in flight, of which 11⁄2 hours may be check: Operation of aircraft requiring more (a) No person may make or cause to acquired in an airplane or a glider if no than one pilot. be made: passengers are to be carried; or (a) Except as otherwise provided in (1) Any fraudulent or intentionally (ii) 3 hours of instrument time in this section, to serve as pilot in false statement on any application for a flight in a glider if a passenger is to be command of an aircraft that is type certificate, rating, authorization, or carried. certificated for more than one required duplicate thereof, issued under this (d) Instrument proficiency check. pilot crewmember, a person must: part; Except as provided in paragraph (e) of (1) Within the preceding 12 calendar (2) Any fraudulent or intentionally this section, a person who does not meet months, complete a pilot in command false entry in any logbook, record, or the recent instrument experience check in an aircraft that is type report that is required to be kept, made, requirements of paragraph (c) of this certificated for more than one required or used to show compliance with any section within the prescribed time or pilot crewmember; and requirement for the issuance or exercise within 6 calendar months after the (2) Within the preceding 24 calendar of the privileges of any certificate, prescribed time may not serve as pilot months, complete a pilot in command rating, or authorization under this part; in command under IFR or in weather check in the particular type of aircraft (3) Any reproduction for fraudulent conditions less than the minimums in which that person will serve as pilot purpose of any certificate, rating, or prescribed for VFR until that person in command. authorization, under this part; or passes an instrument proficiency check (b) This section does not apply to (4) Any alteration of any certificate, consisting of a representative number of persons conducting operations under rating, or authorization under this part. 16314 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(b) The commission of an act (4) Must pass the required practical applicant has been found proficient in prohibited under paragraph (a) of this test that is appropriate to the pilot the areas of operation required for the section is a basis for suspending or certificate for the aircraft category and, issuance of an airline transport pilot revoking any airman certificate, rating, if applicable, class rating sought; and certificate for the aircraft category, class, or authorization held by that person. (5) Need not take an additional and type rating sought; knowledge test, provided the applicant (4) Must pass the required practical § 61.60 Change of address. holds an airplane, rotorcraft, powered- test appropriate to the airline transport The holder of a pilot, flight instructor, lift, or airship rating at that pilot pilot certificate for the aircraft category, or ground instructor certificate who has certificate level. class, and type rating sought; made a change in permanent mailing (c) Additional class rating. Any (5) Must perform the practical test address may not, after 30 days from that person who applies for an additional under instrument flight rules, unless the date, exercise the privileges of the class rating to be added on a pilot practical test cannot be accomplished certificate unless the holder has notified certificate: under instrument flight rules because in writing the FAA, Airman (1) Must have an endorsement in his the aircraft’s type certificate makes the Certification Branch, P.O. Box 25082, or her logbook or training record from aircraft incapable of operating under Oklahoma City, OK 73125, of the new an authorized instructor and that instrument flight rules. If the practical permanent mailing address, or if the endorsement must attest that the test cannot be accomplished for this permanent mailing address includes a applicant has been found competent in reason, the person may obtain a type post office box number, then the the aeronautical knowledge areas rating limited to ‘‘VFR only.’’ The ‘‘VFR holder’s current residential address. appropriate to the pilot certificate for only’’ limitation may be removed for the aircraft class rating sought; that aircraft type when the person Subpart BÐAircraft Ratings and Pilot (2) Must have an endorsement in his passes the practical test under Authorizations or her logbook or training record from instrument flight rules. When an § 61.61 Applicability. an authorized instructor, and that instrument rating is issued to a person This subpart prescribes the endorsement must attest that the who holds one or more type ratings, the requirements for the issuance of applicant has been found proficient in type ratings on the amended pilot additional aircraft ratings after a pilot the areas of operation appropriate to the certificate shall bear the ‘‘VFR only’’ certificate is issued, and the pilot certificate for the aircraft class limitation for each aircraft type rating requirements for and limitations of pilot rating sought; for which the person has not authorizations issued by the (3) Must pass the required practical demonstrated instrument competency; Administrator. test that is appropriate to the pilot (6) Need not take an additional certificate for the aircraft class rating knowledge test, provided the applicant § 61.63 Additional aircraft ratings (other sought; holds an airplane, rotorcraft, powered- than airline transport pilot). (4) Need not meet the specified lift, or airship rating on their pilot (a) General. To be eligible for an training time requirements prescribed certificate; and additional aircraft rating to a pilot by this part that apply to the pilot (7) In the case of a pilot employee of certificate, for other than an airline certificate for the aircraft class rating a part 121 or a part 135 certificate transport pilot certificate, an applicant sought; and holder, must have— must meet the appropriate requirements (5) Need not take an additional (i) Met the appropriate requirements of this section, for the additional aircraft knowledge test, provided the applicant of paragraphs (d)(1), (d)(4), and (d)(5) of rating sought. holds an airplane, rotorcraft, powered- this section for the aircraft type rating (b) Additional category rating. An lift, or airship rating at that pilot sought; and applicant who holds a pilot certificate certificate level. (ii) Received an endorsement in his or and applies to add a category rating to (d) Additional type rating. Except as her flight training record from the that pilot certificate: specified in paragraph (d)(7) of this certificate holder attesting that the (1) Must have received the required section, a person who applies for an applicant has completed the certificate training and possess the aeronautical additional aircraft type rating to be holder’s approved ground and flight experience prescribed by this part that added on a pilot certificate, or the training program appropriate to the applies to the pilot certificate for the addition of an aircraft type rating that is aircraft type rating sought. aircraft category and, if applicable, class accomplished concurrently with an (e) Use of an approved flight rating sought; additional aircraft category or class simulator or an approved flight training (2) Must have an endorsement in his rating: device for an additional rating in an or her logbook or training record from (1) Must hold or concurrently obtain airplane. The areas of operation an authorized instructor, and that an instrument rating that is appropriate required to be performed by paragraphs endorsement must attest that the to the aircraft category, class, or type (b), (c), and (d) of this section shall be applicant has been found competent in rating sought; performed as follows: the aeronautical knowledge areas (2) Must have an endorsement in his (1) Except as provided in paragraph appropriate to the pilot certificate for or her logbook or training record from (e)(2) of this section, the areas of the aircraft category and, if applicable, an authorized instructor, and that operation must be performed in an class rating sought; endorsement must attest that the airplane of the same category, class, and (3) Must have an endorsement in his applicant has been found competent in type, if applicable, as the airplane for or her logbook or training record from the aeronautical knowledge areas which the additional rating is sought. an authorized instructor, and that appropriate to the pilot certificate for (2) Subject to the limitations of endorsement must attest that the the aircraft category, class, or type rating paragraph (e)(3) through (e)(12) of this applicant has been found proficient on sought; section, the areas of operation may be the areas of operation that are (3) Must have an endorsement in his performed in an approved flight appropriate to the pilot certificate for or her logbook, or training record from simulator or an approved flight training the aircraft category and, if applicable, an authorized instructor, and that device that represents the airplane for class rating sought; endorsement must attest that the which the additional rating is sought. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16315

(3) The use of an approved flight type rating is sought and which requires provisions of this section until the simulator or an approved flight training a type rating; and limitation is removed from the pilot device permitted by paragraph (e)(2) of (2) At least 25 hours of flight time in certificate; and this section shall be conducted in airplanes of the same type for which the (ii) May have the limitation removed accordance with an approved course at rating is sought. by accomplishing 25 hours of a training center certificated under part (6) An applicant meeting only the supervised operating experience as pilot 142 of this chapter. requirements of paragraph (e)(5) of this in command under the supervision of a (4) To complete all training and section will be issued an additional qualified and current pilot in command, testing (except preflight inspection) for rating with a limitation. in the seat normally occupied by the an additional airplane rating without (7) The limitation on a certificate pilot in command, in that airplane of limitations when using a flight issued under the provisions of the same type to which the limitation simulator— paragraph (e)(6) of this section shall applies. (i) The flight simulator must be state, ‘‘This certificate is subject to pilot- (f) Use of an approved flight simulator approved as Level C or Level D; and in-command limitations for the or an approved flight training device for (ii) The applicant must meet at least additional rating.’’ an additional rating in a helicopter. The one of the following: (8) An applicant who has been issued areas of operation required to be (A) Hold a type rating for a turbojet a pilot certificate with the limitation performed by paragraphs (b), (c), and (d) airplane of the same class of airplane for specified in paragraph (e)(7) of this of this section shall be performed as which the type rating is sought, or have section— follows: been appointed by a military service as (i) May not act as pilot in command (1) Except as provided in paragraph a pilot in command of an airplane of the of that airplane for which the additional (f)(2) of this section, the areas of same class of airplane for which the rating was obtained under the operation must be performed in a type rating is sought, if a type rating in provisions of this section until the helicopter of the same type for the a turbojet airplane is sought. limitation is removed from the pilot additional rating sought. (B) Hold a type rating for a certificate; and (2) Subject to the limitations of turbopropeller airplane of the same (ii) May have the limitation removed paragraph (f)(3) through (f)(12) of this class of airplane for which the type by accomplishing 15 hours of section, the areas of operation may be rating is sought, or have been designated supervised operating experience as pilot performed in an approved flight by a military service as a pilot in in command under the supervision of a simulator or an approved flight training command of an airplane of the same qualified and current pilot in command, device that represents that helicopter for class of airplane for which the type in the seat normally occupied by the the additional rating sought. rating is sought, if a type rating in a pilot in command, in the same type of (3) The use of an approved flight turbopropeller airplane is sought. airplane to which the limitation applies. simulator or an approved flight training (C) Have at least 2,000 hours of flight (9) An applicant who does not meet device permitted by paragraph (f)(2) of time, of which 500 hours is in turbine- the requirements of paragraph (e)(4) or this section shall be conducted in powered airplanes of the same class of paragraph (e)(5) of this section may be accordance with an approved course at airplane for which the type rating is issued an additional rating after a training center certificated under part sought. successful completion of one of the 142 of this chapter. (D) Have at least 500 hours of flight following requirements: (4) To complete all training and time in the same type airplane as the (i) Compliance with paragraphs (e)(2) testing (except preflight inspection) for airplane for which the rating is sought. and (e)(3) of this section and the an additional helicopter rating without (E) Have at least 1,000 hours of flight following tasks, which must be limitations when using a flight time in at least two different airplanes successfully completed on a static simulator— requiring a type rating. airplane or in flight, as appropriate: (i) The flight simulator must be (5) Subject to the limitation of (A) Preflight inspection; approved as Level C or Level D; and paragraph (e)(6) of this section, an (B) Normal takeoff; (ii) The applicant must meet at least applicant who does not meet the (C) Normal ILS approach; one of the following if a type rating is requirements of paragraph (e)(4) of this (D) Missed approach; and sought in a turbine-powered helicopter: section may complete all training and (E) Normal landing. (A) Hold a type rating in a turbine- testing (except for preflight inspection) (ii) Compliance with paragraphs powered helicopter or have been for an additional rating when using a (e)(2), (e)(3), and (e)(10) through (e)(12) appointed by a military service as a flight simulator if— of this section. pilot in command of a turbine-powered (i) The flight simulator is approved as (10) An applicant meeting only the helicopter. a Level C or Level D; and requirements of paragraph (e)(9) of this (B) Have at least 2,000 hours of flight (ii) The applicant meets at least one section will be issued an additional time that includes at least 500 hours in of the following: rating with a limitation. turbine-powered helicopters. (A) Holds a type rating in a propeller- (11) The limitation on a certificate (C) Have at least 500 hours of flight driven airplane if a type rating in a issued under the provisions of time in turbine-powered helicopters. turbojet airplane is sought, or holds a paragraph (e)(10) of this section shall (D) Have at least 1,000 hours of flight type rating in a turbojet airplane if a state, ‘‘This certificate is subject to pilot- time in at least two different turbine- type rating in a propeller-driven in-command limitations for the powered helicopters. airplane is sought; or additional rating.’’ (5) Subject to the limitation of (B) Since the beginning of the 12th (12) An applicant who has been paragraph (f)(6) of this section, an calendar month before the month in issued a pilot certificate with the applicant who does not meet the which the applicant completes the limitation specified in paragraph (e)(11) requirements of paragraph (f)(4) of this practical test for an additional airplane of this section— section may complete all training and rating, has logged: (i) May not act as pilot in command testing (except for preflight inspection) (1) At least 100 hours of flight time in of that airplane for which the additional for an additional rating when using a airplanes of the same class for which the rating was obtained under the flight simulator if— 16316 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The flight simulator is approved as in-command limitations for the (5) Subject to the limitation of Level C or Level D; and additional rating.’’ paragraph (g)(6) of this section, an (ii) The applicant meets at least one (12) An applicant who has been applicant who does not meet the of the following: issued a pilot certificate with the requirements of paragraph (g)(4) of this (A) Holds a type rating in a turbine- limitation specified in paragraph (f)(11) section may complete all training and powered helicopter if a type rating in a of this section— testing (except for preflight inspection) turbine-powered helicopter is sought; or (i) May not act as pilot in command for an additional rating when using a (B) Since the beginning of the 12th of that helicopter for which the flight simulator if— calendar month before the month in additional rating was obtained under (i) The flight simulator is approved as which the applicant completes the the provisions of this section until the Level C or Level D; and practical test for an additional limitation is removed from the pilot (ii) The applicant meets at least one helicopter rating, has logged at least 25 certificate; and of the following: hours of flight time in helicopters of the (ii) May have the limitation removed (A) Holds a type rating in a turbine same type for which the rating is sought. by accomplishing 25 hours of powered-lift if a type rating in a turbine (6) An applicant meeting only the supervised operating experience as pilot powered-lift is sought; or requirements of paragraph (f)(5) of this in command under the supervision of a (B) Since the beginning of the 12th section will be issued an additional qualified and current pilot in command, calendar month before the month in rating with a limitation. in the seat normally occupied by the which the applicant completes the (7) The limitation on a certificate pilot in command, in that helicopter of practical test for an additional powered- issued under the provisions of the same type as to which the limitation lift rating, has logged at least 25 hours paragraph (f)(6) of this section shall applies. of flight time in powered-lifts of the state, ‘‘This certificate is subject to pilot- (g) Use of an approved flight same type for which the rating is sought. in-command limitations for the simulator or an approved flight training (6) An applicant meeting only the additional rating.’’ device for an additional rating in a requirements of paragraph (g)(5) of this (8) An applicant who is issued a pilot powered-lift. The areas of operation section will be issued an additional certificate with the limitation specified required to be performed by paragraphs rating with a limitation. in paragraph (f)(7) of this section— (b), (c), and (d) of this section shall be (7) The limitation on a certificate (i) May not act as pilot in command performed as follows: issued under the provisions of of that helicopter for which the (1) Except as provided in paragraph paragraph (g)(6) of this section shall additional rating was obtained under (g)(2) of this section, the areas of state, ‘‘This certificate is subject to pilot- the provisions of this section until the operation must be performed in a in-command limitations for the limitation is removed from the pilot powered-lift of the same type for the additional rating.’’ certificate; and additional rating sought. (8) An applicant who is issued a pilot (ii) May have the limitation removed (2) Subject to the limitations of certificate with the limitation specified by accomplishing 15 hours of paragraph (g)(3) through (g)(12) of this in paragraph (g)(7) of this section— supervised operating experience as pilot section, the areas of operation may be (i) May not act as pilot in command in command under the supervision of a performed in an approved flight of that powered-lift for which the qualified and current pilot in command, simulator or an approved flight training additional rating was obtained under in the seat normally occupied by the device that represents that powered-lift the provisions of this section until the pilot in command, in the same type of for the additional rating sought. limitation is removed from the pilot helicopter to which the limitation (3) The use of an approved flight certificate; and applies. simulator or an approved flight training (ii) May have the limitation removed (9) An applicant who does not meet device permitted by paragraph (g)(2) of by accomplishing 15 hours of the requirements of paragraph (f)(4) or this section shall be conducted in supervised operating experience as pilot paragraph (f)(5) of this section may be accordance with an approved course at in command under the supervision of a issued an additional rating after a training center certificated under part qualified and current pilot in command, successful completion of one of the 142 of this chapter. in the seat normally occupied by the following requirements: (4) To complete all training and pilot in command, in the same type of (i) Compliance with paragraphs (f)(2) testing (except preflight inspection) for powered-lift to which the limitation and (f)(3) of this section and the an additional powered-lift rating applies. following tasks, which must be without limitations when using a flight (9) An applicant who does not meet successfully completed on a static simulator— the requirements of paragraph (g)(4) or helicopter or in flight, as appropriate: (i) The flight simulator must be paragraph (g)(5) of this section may be (A) Preflight inspection; approved as Level C or Level D; and issued an additional rating after (B) Normal takeoff; (ii) The applicant must meet at least successful completion of one of the (C) Normal ILS approach; one of the following if a type rating is following requirements: (D) Missed approach; and sought in a turbine powered-lift: (i) Compliance with paragraphs (g)(2) (E) Normal landing. (A) Hold a type rating in a turbine and (g)(3) of this section and the (ii) Compliance with paragraphs (f)(2), powered-lift or have been appointed by following tasks, which must be (f)(3), and (f)(10) through (f)(12) of this a military service as a pilot in command successfully completed on a static section. of a turbine powered-lift. powered-lift or in flight, as appropriate: (10) An applicant meeting only the (B) Have at least 2,000 hours of flight (A) Preflight inspection; requirements of paragraph (f)(9) of this time that includes at least 500 hours in (B) Normal takeoff; section will be issued an additional turbine powered-lifts. (C) Normal ILS approach; rating with a limitation. (C) Have at least 500 hours of flight (D) Missed approach; and (11) The limitation on a certificate time in turbine powered-lifts. (E) Normal landing. issued under the provisions of (D) Have at least 1,000 hours of flight (ii) Compliance with paragraphs paragraph (f)(10) of this section shall time in at least two different turbine (g)(2), (g)(3), and (g)(10) through (g)(12) state, ‘‘This certificate is subject to pilot- powered-lifts. of this section. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16317

(10) An applicant meeting only the (1) Hold at least a current private pilot (1) Federal Aviation Regulations of requirements of paragraph (g)(9) of this certificate with an aircraft category and this chapter that apply to flight section will be issued an additional class rating that applies to the operations under IFR; rating with a limitation. instrument rating sought; (2) Appropriate information that (11) The limitation on a certificate (2) Be able to read, speak, write, and applies to flight operations under IFR in issued under the provisions of understand the English language. If the the ‘‘Aeronautical Information Manual;’’ paragraph (g)(10) of this section shall applicant is unable to meet any of these (3) Air traffic control system and state, ‘‘This certificate is subject to pilot- requirements due to a medical procedures for instrument flight in-command limitations for the condition, the Administrator may place operations; additional rating.’’ such operating limitations on the (4) IFR navigation and approaches by (12) An applicant who has been applicant’s pilot certificate as are use of navigation systems; issued a pilot certificate with the necessary for the safe operation of the (5) Use of IFR en route and instrument limitation specified in paragraph (g)(11) aircraft; approach procedure charts; of this section— (3) Receive and log ground training (6) Procurement and use of aviation (i) May not act as pilot in command from an authorized instructor or weather reports and forecasts and the of that powered-lift for which the accomplish a home-study course of elements of forecasting weather trends additional rating was obtained under training on the aeronautical knowledge based on that information and personal the provisions of this section until the areas of paragraph (b) of this section that observation of weather conditions; limitation is removed from the pilot apply to the instrument rating sought; (7) Safe and efficient operation of certificate; and (4) Receive a logbook or training aircraft under instrument flight rules (ii) May have the limitation removed record endorsement from an authorized and conditions; by accomplishing 25 hours of instructor certifying that the person is (8) Recognition of critical weather supervised operating experience as pilot situations and windshear avoidance; in command under the supervision of a prepared to take the required knowledge test; (9) Aeronautical decision making and qualified and current pilot in command, judgment; and in the seat normally occupied by the (5) Receive and log training on the areas of operation of paragraph (c) of (10) Crew resource management, pilot in command, in that powered-lift including crew communication and of the same type as to which the this section from an authorized instructor in an aircraft, approved flight coordination. limitation applies. (c) Flight proficiency. A person who simulator, or approved training device (h) An applicant for a type rating who applies for an instrument rating must that represents that class of aircraft for provides an aircraft not capable of the receive and log training from an the instrument rating sought; instrument maneuvers and procedures authorized instructor in an aircraft, or in (6) Receive a logbook or training required by the appropriate an approved flight simulator or record endorsement from an authorized requirements contained in § 61.157 of approved flight training device, in instructor certifying that the person is this part for the practical test may— accordance with paragraph (e) of this prepared to take the required practical (1) Obtain a type rating limited to section, that includes the following test; ‘‘VFR only’’; and areas of operation: (7) Pass the required knowledge test (2) Remove the ‘‘VFR only’’ limitation (1) Preflight preparation; for each aircraft type in which the on the aeronautical knowledge areas of (2) Preflight procedures; applicant demonstrates compliance paragraph (b) of this section; however, (3) Air traffic control clearances and with the appropriate instrument an applicant is not required to take procedures; requirements contained in § 61.157 or another knowledge test when that (4) Flight by reference to instruments; § 61.73 of this part. person already holds an instrument (5) Navigation systems; (i) An applicant for a type rating may rating; and (6) Instrument approach procedures; be issued a certificate with the (8) Pass the required practical test on (7) Emergency operations; and limitation ‘‘VFR only’’ for each aircraft the areas of operation in paragraph (c) (8) Postflight procedures. type not equipped for the applicant to of this section in— (d) Aeronautical experience. A person show instrument proficiency. (i) The aircraft category, class, and who applies for an instrument rating (j) An applicant for a type rating in a type, if applicable, appropriate to the must have logged the following: multiengine, single-pilot station rating sought; or (1) At least 50 hours of cross-country airplane may meet the requirements of (ii) A flight simulator or a flight flight time as pilot in command, of this part in a multiseat version of that training device appropriate to the rating which at least 10 hours must be in multiengine airplane. sought and approved for the specific airplanes for an instrument—airplane (k) An applicant for a type rating in maneuver or procedure performed. If an rating; and a single-engine, single-pilot station approved flight training device is used (2) A total of 40 hours of actual or airplane may meet the requirements of for the practical test, the procedures simulated instrument time on the areas this part in a multiseat version of that conducted in that flight training device of operation of this section, to include— single-engine airplane. are limited to one precision and one (i) At least 15 hours of instrument (l) Unless the Administrator requires nonprecision approach, provided the flight training from an authorized certain or all tasks to be performed, the flight training device is approved for the instructor in the aircraft category for examiner who conducts the practical procedure performed. which the instrument rating is sought; test may waive any of the tasks for (b) Aeronautical knowledge. A person (ii) At least 3 hours of instrument which the Administrator approves who applies for an instrument rating training that is appropriate to the waiver authority. must have received and logged ground instrument rating sought from an § 61.64 [Reserved] training from an authorized instructor or authorized instructor in preparation for accomplished a home-study course on the practical test within the 60 days § 61.65 Instrument rating requirements. the following aeronautical knowledge preceding the date of the test; (a) General. A person who applies for areas that apply to the instrument rating (iii) For an instrument—airplane an instrument rating must: sought: rating, instrument training on cross- 16318 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations country flight procedures specific to rating or an airline transport pilot operations only if conducted in an airplanes that includes at least one certificate; approved flight simulator or an cross-country flight in an airplane that (2) A type rating for the aircraft for approved flight training device; and is performed under IFR, and consists which the authorization is sought if that (v) Must be accomplished in an of— aircraft requires a type rating; and aircraft of the same category and class, (A) A distance of at least 250 nautical (3) A category and class rating for the and type, as applicable, as the aircraft in miles along airways or ATC-directed aircraft for which the authorization is which the practical test is to be routing; sought. conducted or in an approved flight (B) An instrument approach at each (b) Experience requirements. An simulator that— airport; and applicant for a Category II pilot (A) Represents an aircraft of the same (C) Three different kinds of authorization must have at least— category and class, and type, as approaches with the use of navigation (1) 50 hours of night flight time as applicable, as the aircraft in which the systems; pilot in command. authorization is sought; and (iv) For an instrument—helicopter (2) 75 hours of instrument time under (B) Is used in accordance with an rating, instrument training specific to actual or simulated instrument approved course conducted by a helicopters on cross-country flight conditions that may include not more training center certificated under part procedures that includes at least one than— 142 of this chapter. cross-country flight in a helicopter that (i) A combination of 25 hours of (4) The flight time acquired in is performed under IFR, and consists simulated instrument flight time in an meeting the requirements of paragraph of— approved flight simulator or an (c)(2)(ii)(B) of this section may be used (A) A distance of at least 100 nautical approved flight training device; or to meet the requirements of paragraph miles along airways or ATC-directed (ii) 40 hours of simulated instrument (c)(2)(ii)(A) of this section. routing; flight time if accomplished in an (d) Practical test procedures. The (B) An instrument approach at each approved course conducted by an practical test consists of an oral airport; and appropriately rated training center increment and a flight increment. (C) Three different kinds of certificated under part 142 of this (1) Oral increment. In the oral approaches with the use of navigation chapter. increment of the practical test an systems; and (3) 250 hours of cross-country flight applicant must demonstrate knowledge (v) For an instrument—powered-lift time as pilot in command. of the following: rating, instrument training specific to a (c) Practical test requirements. (1) A (i) Required landing distance; powered-lift on cross-country flight practical test must be passed by a (ii) Recognition of the decision height; procedures that includes at least one person who applies for— (iii) Missed approach procedures and cross-country flight in a powered-lift (i) Issuance or renewal of a Category techniques using computed or fixed that is performed under IFR and II pilot authorization; and attitude guidance displays; consists of— (ii) The addition of another type (iv) Use and limitations of RVR; (A) A distance of at least 250 nautical aircraft to the applicant’s Category II (v) Use of visual clues, their miles along airways or ATC-directed pilot authorization. availability or limitations, and altitude routing; (2) To be eligible for the practical test at which they are normally discernible (B) An instrument approach at each for an authorization under this section, at reduced RVR readings; airport; and an applicant must— (vi) Procedures and techniques related (C) Three different kinds of (i) Meet the requirements of to transition from nonvisual to visual approaches with the use of navigation paragraphs (a) and (b) of this section; flight during a final approach under systems. and reduced RVR; (e) Use of approved flight simulators (ii) If the applicant has not passed a (vii) Effects of vertical and horizontal or approved flight training devices. If practical test for this authorization windshear; the instrument training was provided by during the 12 calendar months (viii) Characteristics and limitations an authorized instructor in an approved preceding the month of the test, then of the ILS and runway lighting system; flight simulator or an approved flight that person must— (ix) Characteristics and limitations of training device— (A) Meet the requirements of the flight director system, auto approach (1) A maximum of 30 hours may be § 61.57(c); and coupler (including split axis type if performed in that approved flight (B) Have performed at least six ILS equipped), auto throttle system (if simulator or approved flight training approaches during the 6 calendar equipped), and other required Category device if the training was accomplished months preceding the month of the test, II equipment; in accordance with part 142 of this of which at least three of the approaches (x) Assigned duties of the second in chapter; or must have been conducted without the command during Category II (2) A maximum of 20 hours may be use of an approach coupler. approaches, unless the aircraft for performed in that approved flight (3) The approaches specified in which authorization is sought does not simulator or approved flight training paragraph (c)(2)(ii)(B) of this section— require a second in command; and device if the training was not (i) Must be conducted under actual or (xi) Instrument and equipment failure accomplished in accordance with part simulated instrument flight conditions; warning systems. 142 of this chapter. (ii) Must be conducted to the (2) Flight increment. The following minimum decision height for the ILS requirements apply to the flight § 61.67 Category II pilot authorization approach in the type aircraft in which increment of the practical test: requirements. the practical test is to be conducted; (i) The flight increment must be (a) General. A person who applies for (iii) Need not be conducted to the conducted in an aircraft of the same a Category II pilot authorization must decision height authorized for Category category, class, and type, as applicable, hold: II operations; as the aircraft in which the (1) At least a private or commercial (iv) Must be conducted to the decision authorization is sought or in an pilot certificate with an instrument height authorized for Category II approved flight simulator that— Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16319

(A) Represents an aircraft of the same (i) A combination of 25 hours of (4) The flight time acquired in category and class, and type, as simulated instrument flight time in an meeting the requirements of paragraph applicable, as the aircraft in which the approved flight simulator or an (c)(2)(ii)(B) of this section may be used authorization is sought; and approved flight training device; or to meet the requirements of paragraph (B) Is used in accordance with an (ii) 40 hours of simulated instrument (c)(2)(ii)(A) of this section. approved course conducted by a flight time if accomplished in an (d) Practical test procedures. The training center certificated under part approved course conducted by an practical test consists of an oral 142 of this chapter. appropriately rated training center increment and a flight increment. (ii) The flight increment must consist certificated under part 142 of this (1) Oral increment. In the oral of at least two ILS approaches to 100 chapter. increment of the practical test an feet AGL including at least one landing (3) 250 hours of cross-country flight applicant must demonstrate knowledge and one missed approach. time as pilot in command. of the following: (iii) All approaches performed during (c) Practical test requirements. (1) A (i) Required landing distance; the flight increment must be made with practical test must be passed by a (ii) Determination and recognition of the use of an approved flight control person who applies for— the alert height or decision height, as guidance system, except if an approved (i) Issuance or renewal of a Category applicable, including use of a radar auto approach coupler is installed, at III pilot authorization; and altimeter; least one approach must be hand flown (ii) The addition of another type of (iii) Recognition of and proper using flight director commands. aircraft to the applicant’s Category III reaction to significant failures (iv) If a multiengine airplane with the pilot authorization. encountered prior to and after reaching performance capability to execute a (2) To be eligible for the practical test the alert height or decision height, as missed approach with one engine for an authorization under this section, applicable; inoperative is used for the practical test, an applicant must— (iv) Missed approach procedures and the flight increment must include the (i) Meet the requirements of techniques using computed or fixed performance of one missed approach paragraphs (a) and (b) of this section; attitude guidance displays and expected with an engine, which shall be the most and height loss as they relate to manual go- critical engine, if applicable, set at idle (ii) If the applicant has not passed a around or automatic go-around, and or zero thrust before reaching the practical test for this authorization initiation altitude, as applicable; middle marker. during the 12 calendar months (v) Use and limitations of RVR, (v) If an approved multiengine flight preceding the month of the test, then including determination of controlling simulator or approved multiengine that person must— RVR and required transmissometers; flight training device is used for the (A) Meet the requirements of (vi) Use, availability, or limitations of practical test, the applicant must § 61.57(c); and visual cues and the altitude at which execute a missed approach with the (B) Have performed at least six ILS they are normally discernible at reduced most critical engine, if applicable, approaches during the 6 calendar RVR readings including— failed. months preceding the month of the test, (A) Unexpected deterioration of (vi) For an authorization for an of which at least three of the approaches conditions to less than minimum RVR aircraft that requires a type rating, the must have been conducted without the during approach, flare, and rollout; practical test must be performed in use of an approach coupler. (B) Demonstration of expected visual coordination with a second in command (3) The approaches specified in references with weather at minimum who holds a type rating in the aircraft paragraph (c)(2)(ii)(B) of this section— conditions; in which the authorization is sought. (i) Must be conducted under actual or (C) The expected sequence of visual (vii) Oral questioning may be simulated instrument flight conditions; cues during an approach in which conducted at any time during a practical (ii) Must be conducted to the alert visibility is at or above landing minima; test. height or decision height for the ILS and approach in the type aircraft in which (D) Procedures and techniques for § 61.68 Category III pilot authorization the practical test is to be conducted; making a transition from instrument requirements. (iii) Need not be conducted to the reference flight to visual flight during a (a) General. A person who applies for decision height authorized for Category final approach under reduced RVR. a Category III pilot authorization must III operations; (vii) Effects of vertical and horizontal hold: (iv) Must be conducted to the alert windshear; (1) At least a private pilot certificate height or decision height, as applicable, (viii) Characteristics and limitations or commercial pilot certificate with an authorized for Category III operations of the ILS and runway lighting system; instrument rating or an airline transport only if conducted in an approved flight (ix) Characteristics and limitations of pilot certificate; simulator or approved flight training the flight director system auto approach (2) A type rating for the aircraft for device; and coupler (including split axis type if which the authorization is sought if that (v) Must be accomplished in an equipped), auto throttle system (if aircraft requires a type rating; and aircraft of the same category and class, equipped), and other Category III (3) A category and class rating for the and type, as applicable, as the aircraft in equipment; aircraft for which the authorization is which the practical test is to be (x) Assigned duties of the second in sought. conducted or in an approved flight command during Category III (b) Experience requirements. An simulator that— operations, unless the aircraft for which applicant for a Category III pilot (A) Represents an aircraft of the same authorization is sought does not require authorization must have at least— category and class, and type, as a second in command; (1) 50 hours of night flight time as applicable, as the aircraft for which the (xi) Recognition of the limits of pilot in command. authorization is sought; and acceptable aircraft position and flight (2) 75 hours of instrument flight time (B) Is used in accordance with an path tracking during approach, flare, during actual or simulated instrument approved course conducted by a and, if applicable, rollout; and conditions that may include not more training center certificated under part (xii) Recognition of, and reaction to, than— 142 of this chapter. airborne or ground system faults or 16320 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations abnormalities, particularly after passing (B) Prior to nose gear touchdown; the person seeking glider-towing alert height or decision height, as (C) In conditions representative of the privileges; and applicable. most adverse lateral touchdown (2) Logged at least 10 flights as pilot (2) Flight increment. The following displacement allowing a safe landing on in command of an aircraft while towing requirements apply to the flight the runway; and a glider. increment of the practical test— (D) In weather conditions anticipated (d) If the pilot described in paragraph (i) The flight increment may be in Category IIIb operations. (a)(4) of this section holds only a private conducted in an aircraft of the same § 61.69 Glider towing: Experience and pilot certificate, then that pilot must category and class, and type, as training requirements. have: applicable, as the aircraft for which the (a) No person may act as pilot in (1) Logged at least 100 hours of pilot- authorization is sought, or in an command for towing a glider unless that in-command time in airplanes, or 200 approved flight simulator that— hours of pilot-in-command time in a (A) Represents an aircraft of the same person: (1) Holds at least a private pilot combination of powered and other-than- category and class, and type, as certificate with a category rating for powered aircraft; and applicable, as the aircraft in which the powered aircraft; (2) Performed and logged at least three authorization is sought; and (2) Has logged at least 100 hours of flights within the 12 calendar months (B) Is used in accordance with an pilot-in-command time in the aircraft preceding the month that pilot approved course conducted by a category, class, and type, if required, accompanies or endorses the logbook of training center certificated under part that the pilot is using to tow a glider; a person seeking glider-towing 142 of this chapter. (3) Has a logbook endorsement from privileges— (ii) The flight increment must consist an authorized instructor with a glider (i) In an aircraft while towing a glider of at least two ILS approaches to 100 rating who certifies that the person has accompanied by another pilot who feet AGL, including one landing and received ground and flight training in meets the requirements of this section; one missed approach initiated from a gliders and is proficient in— or very low altitude that may result in a (i) The techniques and procedures (ii) As pilot in command of a glider touchdown during the go-around essential to the safe towing of gliders, being towed by an aircraft. maneuver; including airspeed limitations; § 61.71 Graduates of an approved training (iii) All approaches performed during (ii) Emergency procedures; the flight increment must be made with program other than under this part: Special (iii) Signals used; and rules. the approved automatic landing system (iv) Maximum angles of bank. or an equivalent landing system (4) Except as provided in paragraph (a) A person who graduates from an approved by the Administrator; (b) of this section, has logged at least approved training program under part (iv) If a multiengine aircraft with the three flights as the sole manipulator of 141 or part 142 of this chapter is performance capability to execute a the controls of an aircraft towing a considered to have met the applicable missed approach with one engine glider or simulating glider-towing flight aeronautical experience, aeronautical inoperative is used for the practical test, procedures while accompanied by a knowledge, and areas of operation the flight increment must include the pilot who meets the requirements of this requirements of this part if that person performance of one missed approach section; presents the graduation certificate and with the most critical engine, if (5) Except as provided in paragraph passes the required practical test within applicable, set at idle or zero thrust (b) of this section, has received a the 60-day period after the date of before reaching the middle or outer logbook endorsement from the pilot, graduation. marker; described in paragraph (a)(4) of this (b) A person may apply for an airline (v) If an approved multiengine flight section, certifying that the person has transport pilot certificate, type rating, or simulator or approved multiengine accomplished at least 3 flights in an both under this part, and will be flight training device is used, a missed aircraft while towing a glider, or while considered to have met the applicable approach must be executed with an simulating glider-towing flight requirements under § 61.157 of this part engine, which shall be the most critical procedures; and for that certificate and rating, if that engine, if applicable, failed; (6) Within the preceding 12 months person has: (vi) For an authorization for an has— (1) Satisfactorily accomplished an aircraft that requires a type rating, the (i) Made at least three actual glider approved training program and the pilot practical test must be performed in tows while accompanied by a qualified in command proficiency check for that coordination with a second in command pilot who meets the requirements of this airplane type, in accordance with the who holds a type rating in the aircraft section; or pilot in command requirements under in which the authorization is sought; (ii) Made at least three flights as pilot subparts N and O of part 121 of this (vii) Oral questioning may be in command of a glider towed by an chapter; and conducted at any time during the aircraft. (2) Applied for the airline transport practical test; (b) Any person who before May 17, pilot certificate, type rating, or both (viii) Subject to the limitations of this 1967, has made and logged 10 or more within the 60-day period from the date paragraph, for Category IIIb operations flights as pilot in command of an the person satisfactorily accomplished predicated on the use of a fail-passive aircraft towing a glider in accordance the approved training program and pilot rollout control system, at least one with a certificate of waiver need not in command proficiency check for that manual rollout using visual reference or comply with paragraphs (a)(4) and (a)(5) airplane type. a combination of visual and instrument of this section. references must be executed. The (c) The pilot, described in paragraph § 61.73 Military pilots or former military maneuver required by this paragraph (a)(4) of this section, who endorses the pilots: Special rules. shall be initiated by a fail-passive logbook of a person seeking glider- (a) General. Except for a rated military disconnect of the rollout control towing privileges must have: pilot or former rated military pilot who system— (1) Met the requirements of this has been removed from flying status for (A) After main gear touchdown; section prior to endorsing the logbook of lack of proficiency, or because of Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16321 disciplinary action involving aircraft pilot presents documentary evidence (h) Evidentiary documents. The operations, a rated military pilot or that shows satisfactory accomplishment following documents are satisfactory former rated military pilot who meets of: evidence for the purposes indicated: the applicable requirements of this (1) An official U.S. military pilot (1) An official identification card section may apply, on the basis of his check and instrument proficiency check issued to the pilot by an armed force or her military training, for: in that aircraft category, class, or type, may be used to demonstrate (1) A commercial pilot certificate; if applicable, as pilot in command membership in the armed forces. (2) An aircraft rating in the category during the 12 calendar months before (2) An original or a copy of a and class of aircraft for which that the month of application; certificate of discharge or release may be military pilot is qualified; (2) At least 10 hours of pilot-in- used to demonstrate discharge or release (3) An instrument rating with the command time in that aircraft category, from an armed force or former appropriate aircraft rating for which that class, or type, if applicable, during the membership in an armed force. military pilot is qualified; or 12 calendar months before the month of (3) Current or previous status as a (4) A type rating, if appropriate. application; or rated military pilot with a U.S. Armed (b) Military pilots on active flying (3) An FAA practical test in that Force may be demonstrated by— status within the past 12 months. A aircraft after— (i) An official U.S. Armed Force order rated military pilot or former rated (i) Meeting the requirements of to flight status as a military pilot; military pilot who has been on active paragraphs (b)(1) and (b)(2) of this (ii) An official U.S. Armed Force form flying status within the 12 months section; and or logbook showing military pilot status; before applying must: (ii) Having received an endorsement or (1) Pass a knowledge test on the from an authorized instructor who (iii) An official order showing that the appropriate parts of this chapter that certifies that the pilot is proficient to rated military pilot graduated from a apply to pilot privileges and limitations, take the required practical test, and that U.S. military pilot school and received air traffic and general operating rules, endorsement is made within the 60-day a rating as a military pilot. and accident reporting rules; period preceding the date of the (4) A certified U.S. Armed Force (2) Present documentation showing practical test. logbook or an appropriate official U.S. compliance with the requirements of (e) Instrument rating. A rated military Armed Force form or summary may be paragraph (d) of this section for at least pilot or former rated military pilot who used to demonstrate flight time in one aircraft category rating; and military aircraft as a member of a U.S. (3) Present documentation showing applies for an airplane instrument rating, a helicopter instrument rating, or Armed Force. that the applicant is or was, at any time (5) An official U.S. Armed Force a powered-lift instrument rating to be during the 12 calendar months before record of a military checkout as pilot in added to his or her commercial pilot the month of application— command may be used to demonstrate certificate may apply for an instrument (i) A rated military pilot on active pilot in command status. rating if the pilot has, within the 12 flying status in an armed force of the (6) A current instrument grade slip calendar months preceding the month of United States; or that is issued by a U.S. Armed Force, or application: (ii) A rated military pilot of an armed an official record of satisfactory (1) Passed an instrument proficiency force of a foreign contracting State to the accomplishment of an instrument check by a U.S. Armed Force in the Convention on International Civil proficiency check during the 12 aircraft category for the instrument Aviation, assigned to pilot duties (other calendar months preceding the month of rating sought; and than flight training) with an armed force the application may be used to (2) Received authorization from a U.S. of the United States and holds, at the demonstrate instrument pilot Armed Force to conduct IFR flights on time of application, a current civil pilot qualification. license issued by that contracting State Federal airways in that aircraft category authorizing at least the privileges of the and class for the instrument rating § 61.75 Private pilot certificate issued on pilot certificate sought. sought. the basis of a foreign pilot license. (c) Military pilots not on active flying (f) Aircraft type rating. An aircraft (a) General. A person who holds a status during the 12 calendar months type rating is issued only for aircraft current foreign pilot license issued by a before the month of application. A rated types that the Administrator has contracting State to the Convention on military pilot or former rated military certificated for civil operations. International Civil Aviation may apply pilot who has not been on active flying (g) Aircraft type rating placed on an for and be issued a private pilot status within the 12 calendar months airline transport pilot certificate. A certificate with the appropriate ratings before the month of application must: rated military pilot or former rated when the application is based on the (1) Pass the appropriate knowledge military pilot who holds an airline foreign pilot license that meets the and practical tests prescribed in this transport pilot certificate and who requirements of this section. part for the certificate or rating sought; requests an aircraft type rating to be (b) Certificate issued. A U.S. private and placed on that person’s airline transport pilot certificate that is issued under this (2) Present documentation showing pilot certificate may be issued that section shall specify the person’s foreign that the applicant was or is, within the aircraft type rating at the airline license number and country of issuance. 12 calendar months before the month of transport pilot certificate level, provided A person who holds a current foreign application, a rated military pilot as that person: pilot license issued by a contracting prescribed by paragraph (b)(3) of this (1) Holds a category and class rating State to the Convention on International section. for that type of aircraft at the airline Civil Aviation may be issued a private (d) Aircraft category, class, and type transport pilot certificate level; and pilot certificate based on the foreign ratings. A rated military pilot or former (2) Passed an official U.S. military pilot license without any further rated military pilot who applies for an pilot check and instrument proficiency showing of proficiency, provided the aircraft category, class, or type rating, if check in that type of aircraft as pilot in applicant: applicable, is issued that rating at the command during the 12 calendar (1) Meets the requirements of this commercial pilot certificate level if the months before the month of application. section; 16322 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(2) Holds a foreign pilot license that— (4) Shall not exercise the privileges of pilot authorization, then that special (i) Is not under an order of revocation that U.S. private pilot certificate when purpose pilot authorization must either or suspension by the foreign country the person’s foreign pilot license has be surrendered to the FAA Flight that issued the foreign pilot license; and been revoked or suspended. Standards District Office that issued it, (ii) Does not contain an endorsement (f) Limitation on licenses used as the or to the FAA Flight Standards District stating that the applicant has not met all basis for a U.S. certificate. Only one Office processing the application for the of the standards of ICAO for that foreign pilot license may be used as a authorization prior to being issued license; basis for issuing a U.S. private pilot another special purpose pilot (3) Does not currently hold a U.S. certificate. The foreign pilot license and authorization; pilot certificate; medical certification used as a basis for (5) Meet the currency requirements of (4) Holds a current medical certificate issuing a U.S. private pilot certificate this part and present a logbook or flight issued under part 67 of this chapter or under this section must be in the record showing compliance with the a current medical certificate issued by English language or accompanied by an currency requirements of this part; the country that issued the person’s English language transcription that has (6) Show when the person will reach foreign pilot license; and been signed by an official or the age of 60 years by providing an (5) Is able to read, speak, write, and representative of the foreign aviation official copy of the applicant’s birth understand the English language. If the authority that issued the foreign pilot certificate or other official applicant is unable to meet one of these license. documentation; and requirements due to medical reasons, (g) Limitation placed on a U.S. private (7) Present a copy of the foreign pilot then the Administrator may place such pilot certificate. A U.S. private pilot license and a letter to an FAA Flight operating limitations on that applicant’s certificate issued under this section is Standards District Office from the lessee pilot certificate as are necessary for the valid only when the holder has the of the aircraft that— safe operation of the aircraft. foreign pilot license upon which the (i) Acknowledges the person is (c) Aircraft ratings issued. Aircraft issuance of the U.S. private pilot employed by the lessee; (ii) Specifies the aircraft type in ratings listed on a person’s foreign pilot certificate was based in the holder’s which the person will be performing license, in addition to any issued after personal possession or readily pilot duties; and testing under the provisions of this part, accessible in the aircraft. may be placed on that person’s U.S. (iii) States that the person is currently pilot certificate. § 61.77 Special purpose pilot qualified to exercise the privileges listed (d) Instrument ratings issued. A authorization: Operation of U.S.-registered on that person’s pilot license for the person who holds an instrument rating civil aircraft leased by a person who is not aircraft to be flown, and that the person on the foreign pilot license issued by a a U.S. citizen. has satisfactorily accomplished the contracting State to the Convention on (a) General. After meeting the applicable ground and flight training in International Civil Aviation may be requirements of this section, a holder of the aircraft type in which the person issued an instrument rating on a U.S. a foreign pilot license issued by a will be performing pilot duties. private pilot certificate provided: contracting State to the Convention on (c) Privileges. A person issued a (1) The person’s foreign pilot license International Civil Aviation may be special purpose pilot authorization authorizes instrument privileges; issued a special purpose pilot under this section: (2) Within 24 months preceding the authorization by the Administrator for (1) May exercise the privileges month in which the person applies for the purpose of performing pilot duties: prescribed on the special purpose pilot the instrument rating, the person passes (1) On a civil aircraft of U.S. registry authorization; and (2) Must comply with the limitations the appropriate knowledge test; and that is leased to a person who is not a (3) The person is able to read, speak, citizen of the United States; and specified in this section and any additional limitations specified on the write, and understand the English (2) For carrying persons or property special purpose pilot authorization. language. If the applicant is unable to for compensation or hire on that aircraft. (d) General limitations. A person (b) Eligibility. To be eligible for the meet one of these requirements due to exercising the privileges of a special issuance or renewal of a special purpose medical reasons, then the Administrator purpose pilot authorization: may place such operating limitations on pilot authorization, a person must: (1) May apply for a 60-calendar- that applicant’s pilot certificate as are (1) Hold a current foreign pilot license month extension of that authorization, necessary for the safe operation of the that has been issued by the aeronautical provided the person— aircraft. authority of a contracting State to the (i) Continues to meet the requirements (e) Operating privileges and Convention on International Civil of this section; and limitations. A person who receives a Aviation from which the person holds (ii) Surrenders the expired special U.S. private pilot certificate that has citizenship or resident status; purpose pilot authorization upon been issued under the provisions of this (2) Hold a foreign pilot license that receipt of the new authorization. section: contains the appropriate aircraft (2) Holds only one special purpose (1) May act as a pilot of a civil aircraft category, class, instrument rating, and pilot authorization; of U.S. registry in accordance with the type rating, if appropriate, for the (3) Conducts any flight between private pilot privileges authorized by aircraft to be flown; foreign countries in foreign air this part; (3) Meet the medical standards for the commerce within the time period (2) Is limited to the privileges placed issuance of the foreign pilot license allotted on the authorization; and on the certificate by the Administrator; from the aeronautical authority of the (4) Has the foreign pilot license and (3) Is subject to the limitations and contracting State to the Convention on special purpose pilot authorization in restrictions on the person’s U.S. International Civil Aviation where the his or her physical possession or certificate and foreign pilot license person holds citizenship or resident immediately accessible in the aircraft, when exercising the privileges of that status; while exercising the privileges of that U.S. pilot certificate in an aircraft of (4) Must not already hold a special special purpose pilot authorization. U.S. registry operating within or outside purpose pilot authorization, but if the (e) Age limitation. Except as provided the United States; and person already holds a special purpose in paragraph (g) of this section, no Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16323 person who holds a special purpose (h) Expiration date. Each special (b) Aeronautical knowledge. A pilot authorization issued under this purpose pilot authorization issued student pilot must demonstrate part, and no person who holds a special under this section expires: satisfactory aeronautical knowledge on a purpose pilot certificate issued under (1) 60 calendar months from the knowledge test that meets the this part before August 4, 1997, shall month it was issued, unless sooner requirements of this paragraph: serve as a pilot on a civil airplane of suspended or revoked; (1) The test must address the student U.S. registry if the person has reached (2) When the lease agreement for the pilot’s knowledge of— his or her 60th birthday, in the aircraft expires or the lessee terminates (i) Applicable sections of parts 61 and following operations: the employment of the person who 91 of this chapter; (1) Scheduled international air holds the special purpose pilot (ii) Airspace rules and procedures for services carrying passengers in turbojet- authorization; the airport where the solo flight will be powered airplanes; (3) Whenever the person’s foreign performed; and (2) Scheduled international air pilot license has been suspended, (iii) Flight characteristics and services carrying passengers in airplanes revoked, or is no longer valid; or operational limitations for the make and (4) When the person no longer meets having a passenger-seat configuration of model of aircraft to be flown. the medical standards for the issuance (2) The student’s authorized more than nine passenger seats, of the foreign pilot license. instructor must— excluding each crewmember seat; (i) Administer the test; and (3) Nonscheduled international air Subpart CÐStudent Pilots (ii) At the conclusion of the test, transportation for compensation or hire review all incorrect answers with the § 61.81 Applicability. in airplanes having a passenger-seat student before authorizing that student configuration of more than 30 passenger This subpart prescribes the to conduct a solo flight. seats, excluding each crewmember seat; requirements for the issuance of student (c) Pre-solo flight training. Prior to or pilot certificates, the conditions under conducting a solo flight, a student pilot (4) Scheduled international air which those certificates are necessary, must have: services, or nonscheduled international and the general operating rules and (1) Received and logged flight training air transportation for compensation or limitations for the holders of those for the maneuvers and procedures of hire, in airplanes having a payload certificates. this section that are appropriate to the capacity of more than 7,500 pounds. § 61.83 Eligibility requirements for student make and model of aircraft to be flown; (f) Definitions. (1) ‘‘International air pilots. and service,’’ as used in paragraph (e) of this To be eligible for a student pilot (2) Demonstrated satisfactory section, means scheduled air service certificate, an applicant must: proficiency and safety, as judged by an performed in airplanes for the public (a) Be at least 16 years of age for other authorized instructor, on the maneuvers transport of passengers, mail, or cargo, than the operation of a glider or balloon. and procedures required by this section in which the service passes through the (b) Be at least 14 years of age for the in the make and model of aircraft or air space over the territory of more than operation of a glider or balloon. similar make and model of aircraft to be one country. (c) Be able to read, speak, write, and flown. (2) ‘‘International air transportation,’’ understand the English language. If the (d) Maneuvers and procedures for pre- as used in paragraph (e) of this section, applicant is unable to meet one of these solo flight training in a single-engine means air transportation performed in requirements due to medical reasons, airplane. A student pilot who is airplanes for the public transport of then the Administrator may place such receiving training for a single-engine passengers, mail, or cargo, in which operating limitations on that applicant’s airplane rating must receive and log service passes through the air space over pilot certificate as are necessary for the flight training for the following the territory of more than one country. safe operation of the aircraft. maneuvers and procedures: (g) Delayed pilot age limitations for (1) Proper flight preparation certain operations. Until December 20, § 61.85 Application. procedures, including preflight 1999, a person may serve as a pilot in An application for a student pilot planning and preparation, powerplant the operations specified in paragraph (e) certificate is made on a form and in a operation, and aircraft systems; of this section after that person has manner provided by the Administrator (2) Taxiing or surface operations, reached his or her 60th birthday, if, on and is submitted to: including runups; March 20, 1997, that person was (a) A designated aviation medical (3) Takeoffs and landings, including employed as a pilot in any of these examiner if applying for an FAA normal and crosswind; operations: medical certificate under part 67 of this (4) Straight and level flight, and turns (1) Scheduled international air chapter; in both directions; (5) Climbs and climbing turns; services carrying passengers in (b) An examiner; or (c) A Flight Standards District Office. (6) Airport traffic patterns, including nontransport category turbopropeller- entry and departure procedures; powered airplanes type certificated after § 61.87 Solo requirements for student (7) Collision avoidance, windshear December 31, 1964, that have a pilots. avoidance, and wake turbulence passenger seat configuration of 10 to 19 (a) General. A student pilot may not avoidance; seats; operate an aircraft in solo flight unless (8) Descents, with and without turns, (2) Scheduled international air that student has met the requirements of using high and low drag configurations; services carrying passengers in transport this section. The term ‘‘solo flight,’’ as (9) Flight at various airspeeds from category turbopropeller-powered used in this subpart, means that flight cruise to slow flight; airplanes that have a passenger seat time during which a student pilot is the (10) Stall entries from various flight configuration of 20 to 30 seats; or sole occupant of the aircraft, or that attitudes and power combinations with (3) Scheduled international air flight time during which the student recovery initiated at the first indication services carrying passengers in turbojet- acts as a pilot in command of a gas of a stall, and recovery from a full stall; powered airplanes having a passenger balloon or an airship requiring more (11) Emergency procedures and seat configuration of 1 to 30 seats. than one flight crewmember. equipment malfunctions; 16324 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(12) Ground reference maneuvers; (11) Ground reference maneuvers; (8) Descents with and without turns; (13) Approaches to a landing area (12) Approaches to the landing area; (9) Flight at various airspeeds from with simulated engine malfunctions; (13) Hovering and hovering turns; cruise to slow flight; (14) Slips to a landing; and (14) Go-arounds; (10) Stall entries from various flight (15) Go-arounds. (15) Simulated emergency procedures, attitudes and power combinations with (e) Maneuvers and procedures for pre- including autorotational descents with a recovery initiated at the first indication solo flight training in a multiengine power recovery and power recovery to of a stall, and recovery from a full stall; airplane. A student pilot who is a hover; (11) Emergency procedures and receiving training for a multiengine (16) Rapid decelerations; and equipment malfunctions; airplane rating must receive and log (17) Simulated one-engine-inoperative (12) Ground reference maneuvers; flight training for the following approaches and landings for (13) Approaches to a landing with maneuvers and procedures: multiengine helicopters. simulated engine malfunctions; (g) Maneuvers and procedures for pre- (1) Proper flight preparation (14) Go-arounds; solo flight training in a gyroplane. A procedures, including preflight (15) Approaches to the landing area; student pilot who is receiving training planning and preparation, powerplant (16) Hovering and hovering turns; and for a gyroplane rating must receive and operation, and aircraft systems; (17) For multiengine powered-lifts, log flight training for the following (2) Taxiing or surface operations, simulated one-engine-inoperative maneuvers and procedures: approaches and landings. including runups; (1) Proper flight preparation (3) Takeoffs and landings, including (i) Maneuvers and procedures for pre- procedures, including preflight solo flight training in a glider. A student normal and crosswind; planning and preparation, powerplant (4) Straight and level flight, and turns pilot who is receiving training for a operation, and aircraft systems; glider rating must receive and log flight in both directions; (2) Taxiing or surface operations, (5) Climbs and climbing turns; including runups; training for the following maneuvers (6) Airport traffic patterns, including (3) Takeoffs and landings, including and procedures: entry and departure procedures; normal and crosswind; (1) Proper flight preparation (7) Collision avoidance, windshear (4) Straight and level flight, and turns procedures, including preflight avoidance, and wake turbulence in both directions; planning, preparation, aircraft systems, avoidance; (5) Climbs and climbing turns; and, if appropriate, powerplant (8) Descents, with and without turns, (6) Airport traffic patterns, including operations; using high and low drag configurations; entry and departure procedures; (2) Taxiing or surface operations, (9) Flight at various airspeeds from (7) Collision avoidance, windshear including runups, if applicable; cruise to slow flight; avoidance, and wake turbulence (3) Launches, including normal and (10) Stall entries from various flight avoidance; crosswind; attitudes and power combinations with (8) Descents with and without turns; (4) Straight and level flight, and turns recovery initiated at the first indication (9) Flight at various airspeeds; in both directions; of a stall, and recovery from a full stall; (10) Emergency procedures and (5) Airport traffic patterns, including (11) Emergency procedures and equipment malfunctions; entry procedures; equipment malfunctions; (11) Ground reference maneuvers; (6) Collision avoidance, windshear (12) Ground reference maneuvers; (12) Approaches to the landing area; avoidance, and wake turbulence (13) Approaches to a landing area (13) High rates of descent with power avoidance; with simulated engine malfunctions; on and with simulated power off, and (7) Descents with and without turns and recovery from those flight using high and low drag configurations; (14) Go-arounds. configurations; (8) Flight at various airspeeds; (f) Maneuvers and procedures for pre- (14) Go-arounds; and (9) Emergency procedures and solo flight training in a helicopter. A (15) Simulated emergency procedures, equipment malfunctions; student pilot who is receiving training including simulated power-off landings (10) Ground reference maneuvers; for a helicopter rating must receive and and simulated power failure during (11) Inspection of towline rigging and departures. log flight training for the following review of signals and release (h) Maneuvers and procedures for pre- maneuvers and procedures: procedures; solo flight training in a powered-lift. A (1) Proper flight preparation (12) Aerotow, ground tow, or self- student pilot who is receiving training procedures, including preflight launch procedures; for a powered-lift rating must receive planning and preparation, powerplant (13) Procedures for disassembly and and log flight training in the following assembly of the glider; operation, and aircraft systems; maneuvers and procedures: (2) Taxiing or surface operations, (1) Proper flight preparation (14) Stall entry, stall, and stall including runups; procedures, including preflight recovery; (3) Takeoffs and landings, including planning and preparation, powerplant (15) Straight glides, turns, and spirals; (16) Landings, including normal and normal and crosswind; operation, and aircraft systems; (4) Straight and level flight, and turns (2) Taxiing or surface operations, crosswind; in both directions; including runups; (17) Slips to a landing; (5) Climbs and climbing turns; (3) Takeoffs and landings, including (18) Procedures and techniques for (6) Airport traffic patterns, including normal and crosswind; thermalling; and entry and departure procedures; (4) Straight and level flight, and turns (19) Emergency operations, including (7) Collision avoidance, windshear in both directions; towline break procedures. avoidance, and wake turbulence (5) Climbs and climbing turns; (j) Maneuvers and procedures for pre- avoidance; (6) Airport traffic patterns, including solo flight training in an airship. A (8) Descents with and without turns; entry and departure procedures; student pilot who is receiving training (9) Flight at various airspeeds; (7) Collision avoidance, windshear for an airship rating must receive and (10) Emergency procedures and avoidance, and wake turbulence log flight training for the following equipment malfunctions; avoidance; maneuvers and procedures: Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16325

(1) Proper flight preparation night. A student pilot may not operate daylight hours or 5 statute miles at procedures, including preflight an aircraft in solo flight at night unless night; planning and preparation, powerplant that student pilot has received: (7) When the flight cannot be made operation, and aircraft systems; (1) Flight training at night on night with visual reference to the surface; or (2) Taxiing or surface operations, flying procedures that includes takeoffs, (8) In a manner contrary to any including runups; approaches, landings, and go-arounds at limitations placed in the pilot’s logbook (3) Takeoffs and landings, including night at the airport where the solo flight by an authorized instructor. normal and crosswind; will be conducted; (b) A student pilot may not act as a (4) Straight and level flight, and turns (2) Navigation training at night in the required pilot flight crewmember on any in both directions; vicinity of the airport where the solo aircraft for which more than one pilot is (5) Climbs and climbing turns; flight will be conducted; required by the type certificate of the (6) Airport traffic patterns, including (3) An endorsement from an aircraft or regulations under which the entry and departure procedures; authorized instructor in the student’s flight is conducted, except when (7) Collision avoidance, windshear logbook for the specific make and model receiving flight training from an avoidance, and wake turbulence aircraft to be flown for night solo flight; authorized instructor on board an avoidance; and airship, and no person other than a (8) Descents with and without turns; (4) An endorsement in the student’s required flight crewmember is carried (9) Flight at various airspeeds from logbook for the specific make and model on the aircraft. cruise to slow flight; aircraft to be flown for night solo flight (10) Emergency procedures and by an authorized instructor who gave § 61.91 [Reserved] equipment malfunctions; the training within the 90-day period § 61.93 Solo cross-country flight (11) Ground reference maneuvers; preceding the date of the flight. requirements. (12) Rigging, ballasting, and (n) Limitations on flight instructors (a) General. (1) Except as provided in controlling pressure in the ballonets, authorizing solo flight. (1) No instructor paragraph (b) of this section, a student and superheating; and may authorize a student pilot to perform pilot must meet the requirements of this (13) Landings with positive and with a solo flight unless that instructor has— section before— negative static trim. (i) Given that student pilot training in (i) Conducting a solo cross-country (k) Maneuvers and procedures for pre- the make and model of aircraft or a flight, or any flight greater than 25 solo flight training in a balloon. A similar make and model of aircraft in nautical miles from the airport from student pilot who is receiving training which the solo flight is to be flown; where the flight originated. in a balloon must receive and log flight (ii) Determined the student pilot is (ii) Making a solo flight and landing training for the following maneuvers proficient in the maneuvers and at any location other than the airport of and procedures: procedures prescribed in this section; origination. (1) Layout and assembly procedures; (iii) Determined the student pilot is (2) Except as provided in paragraph (2) Proper flight preparation proficient in the make and model of (b) of this section, a student pilot who procedures, including preflight aircraft to be flown; planning and preparation, and aircraft (iv) Ensured that the student pilot’s seeks solo cross-country flight privileges systems; certificate has been endorsed by an must: (i) Have received flight training from (3) Ascents and descents; instructor authorized to provide flight an instructor authorized to provide (4) Landing and recovery procedures; training for the specific make and model flight training on the maneuvers and (5) Emergency procedures and aircraft to be flown; and equipment malfunctions; (v) Endorsed the student pilot’s procedures of this section that are (6) Operation of hot air or gas source, logbook for the specific make and model appropriate to the make and model of ballast, valves, vents, and rip panels, as aircraft to be flown, and that aircraft for which solo cross-country appropriate; endorsement remains current for solo privileges are sought; (7) Use of deflation valves or rip flight privileges, provided an authorized (ii) Have demonstrated cross-country panels for simulating an emergency; instructor updates the student’s logbook proficiency on the appropriate (8) The effects of wind on climb and every 90 days thereafter. maneuvers and procedures of this approach angles; and (2) The flight training required by this section to an authorized instructor; (9) Obstruction detection and section must be given by an instructor (iii) Have satisfactorily accomplished avoidance techniques. authorized to provide flight training the pre-solo flight maneuvers and (l) Limitations on student pilots who is appropriately rated and current. procedures required by § 61.87 of this operating an aircraft in solo flight. A part in the make and model of aircraft student pilot may not operate an aircraft § 61.89 General limitations. or similar make and model of aircraft for in solo flight unless that student pilot (a) A student pilot may not act as pilot which solo cross-country privileges are has received: in command of an aircraft: sought; and (1) An endorsement from an (1) That is carrying a passenger; (iv) Comply with any limitations authorized instructor on his or her (2) That is carrying property for included in the instructor’s student pilot certificate for the specific compensation or hire; endorsement that are required by make and model aircraft to be flown; (3) For compensation or hire; paragraph (c) of this section. and (4) In furtherance of a business; (3) A student pilot who seeks solo (2) An endorsement in the student’s (5) On an international flight, except cross-country flight privileges must logbook for the specific make and model that a student pilot may make solo have received ground and flight training aircraft to be flown by an authorized training flights from Haines, Gustavus, from an authorized instructor on the instructor, who gave the training within or Juneau, Alaska, to White Horse, cross-country maneuvers and the 90 days preceding the date of the Yukon, Canada, and return over the procedures listed in this section that are flight. province of British Columbia; appropriate to the aircraft to be flown. (m) Limitations on student pilots (6) With a flight or surface visibility (b) Authorization to perform certain operating an aircraft in solo flight at of less than 3 statute miles during solo flights and cross-country flights. A 16326 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations student pilot must obtain an conducted the training, and that (2) Use of aircraft performance charts endorsement from an authorized endorsement must be placed on that pertaining to cross-country flight; instructor to make solo flights from the person’s student pilot certificate for the (3) Procurement and analysis of airport where the student pilot normally specific category of aircraft to be flown. aeronautical weather reports and receives training to another location. A (2) Logbook endorsement. (i) A forecasts, including recognition of student pilot who receives this student pilot must have a solo cross- critical weather situations and endorsement must comply with the country endorsement from an estimating visibility while in flight; requirements of this paragraph. authorized instructor that is placed in (4) Emergency procedures; (1) Solo flights may be made to the student pilot’s logbook for the (5) Traffic pattern procedures that another airport that is within 25 specific make and model of aircraft to be include area departure, area arrival, nautical miles from the airport where flown. entry into the traffic pattern, and the student pilot normally receives (ii) A certificated pilot who is approach; training, provided— receiving training for an additional (6) Procedures and operating practices (i) An authorized instructor has given aircraft category and class rating must for collision avoidance, wake turbulence the student pilot flight training at the have an endorsement from an precautions, and windshear avoidance; other airport, and that training includes authorized instructor that is placed in (7) Recognition, avoidance, and flight in both directions over the route, the student pilot’s logbook for the operational restrictions of hazardous entering and exiting the traffic pattern, specific make and model of aircraft to be terrain features in the geographical area and takeoffs and landings at the other flown. where the cross-country flight will be airport; (iii) For each cross-country flight, the flown; (ii) The instructor who gave the authorized instructor who reviews the (8) Procedures for operating the instruments and equipment installed in training endorses the student pilot’s cross-country planning must make an the aircraft to be flown, including logbook authorizing the flight; endorsement in the person’s logbook recognition and use of the proper (iii) The student pilot has current solo after reviewing that person’s cross- flight endorsements in accordance with operational procedures and indications; country planning, as specified in (9) Use of radios for VFR navigation § 61.87 of this part; paragraph (d) of this section. The (iv) The instructor has determined and two-way communications; endorsement must— (10) Takeoff, approach, and landing that the student pilot is proficient to (A) Specify the make and model of procedures, including short-field, soft- make the flight; and aircraft to be flown; field, and crosswind takeoffs, (v) The purpose of the flight is to (B) State that the student’s preflight approaches, and landings; practice takeoffs and landings at that planning and preparation is correct and (11) Climbs at best angle and best rate; other airport. that the student is prepared to make the and (2) Repeated specific solo cross- flight safely under the known (12) Control and maneuvering solely country flights may be made to another conditions; and by reference to flight instruments, airport that is within 50 nautical miles (C) State that any limitations required including straight and level flight, turns, of the airport from which the flight by the student’s instructor are met. descents, climbs, use of radio aids, and originated, provided— (d) Limitations on authorized ATC directives. (i) The authorized instructor has given instructors to permit solo cross-country (f) Maneuvers and procedures for the student flight training in both flights. An authorized instructor may cross-country flight training in a directions over the route, including not permit a student pilot to conduct a multiengine airplane. A student pilot entering and exiting the traffic patterns, solo cross-country flight unless that who is receiving training for cross- takeoffs, and landings at the airports to instructor has: country flight in a multiengine airplane be used; (1) Determined that the student’s must receive and log flight training in (ii) The instructor who gave the cross-country planning is correct for the the following maneuvers and training has endorsed the student’s flight; procedures: logbook certifying that the student is (2) Reviewed the current and forecast (1) Use of aeronautical charts for VFR proficient to make such flights; weather conditions and has determined navigation using pilotage and dead (iii) The student has current solo that the flight can be completed under reckoning with the aid of a magnetic flight endorsements in accordance with VFR; compass; § 61.87 of this part; and (3) Determined that the student is (2) Use of aircraft performance charts (iv) The student has current solo proficient to conduct the flight safely; pertaining to cross-country flight; cross-country flight endorsements in (4) Determined that the student has (3) Procurement and analysis of accordance with paragraph (c) of this the appropriate solo cross-country aeronautical weather reports and section; however, for repeated solo endorsement for the make and model of forecasts, including recognition of cross-country flights to another airport aircraft to be flown; and critical weather situations and within 50 nautical miles from which the (5) Determined that the student’s solo estimating visibility while in flight; flight originated, separate endorsements flight endorsement is current for the (4) Emergency procedures; are not required to be made for each make and model aircraft to be flown. (5) Traffic pattern procedures that flight. (e) Maneuvers and procedures for include area departure, area arrival, (c) Endorsements for solo cross- cross-country flight training in a single- entry into the traffic pattern, and country flights. Except as specified in engine airplane. A student pilot who is approach; paragraph (b)(2) of this section, a receiving training for cross-country (6) Procedures and operating practices student pilot must have the flight in a single-engine airplane must for collision avoidance, wake turbulence endorsements prescribed in this receive and log flight training in the precautions, and windshear avoidance; paragraph for each cross-country flight: following maneuvers and procedures: (7) Recognition, avoidance, and (1) Student pilot certificate (1) Use of aeronautical charts for VFR operational restrictions of hazardous endorsement. A student pilot must have navigation using pilotage and dead terrain features in the geographical area a solo cross-country endorsement from reckoning with the aid of a magnetic where the cross-country flight will be the authorized instructor who compass; flown; Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16327

(8) Procedures for operating the (2) Use of aircraft performance charts (10) Takeoff, approach, and landing instruments and equipment installed in pertaining to cross-country flight; procedures that include high-altitude, the aircraft to be flown, including (3) Procurement and analysis of steep, and shallow takeoffs, approaches, recognition and use of the proper aeronautical weather reports and and landings; and operational procedures and indications; forecasts, including recognition of (11) Control and maneuvering solely (9) Use of radios for VFR navigation critical weather situations and by reference to flight instruments, and two-way communications; estimating visibility while in flight; including straight and level flight, turns, (10) Takeoff, approach, and landing (4) Emergency procedures; descents, climbs, use of radio aids, and procedures, including short-field, soft- (5) Traffic pattern procedures that ATC directives. field, and crosswind takeoffs, include area departure, area arrival, (j) Maneuvers and procedures for approaches, and landings; entry into the traffic pattern, and cross-country flight training in a glider. (11) Climbs at best angle and best rate; approach; A student pilot who is receiving training and (6) Procedures and operating practices for cross-country flight in a glider must (12) Control and maneuvering solely for collision avoidance, wake turbulence receive and log flight training in the by reference to flight instruments, precautions, and windshear avoidance; following maneuvers and procedures: including straight and level flight, turns, (7) Recognition, avoidance, and (1) Use of aeronautical charts for VFR descents, climbs, use of radio aids, and operational restrictions of hazardous navigation using pilotage and dead ATC directives. terrain features in the geographical area reckoning with the aid of a magnetic (g) Maneuvers and procedures for where the cross-country flight will be compass; cross-country flight training in a flown; (2) Use of aircraft performance charts helicopter. A student pilot who is (8) Procedures for operating the pertaining to cross-country flight; receiving training for cross-country instruments and equipment installed in (3) Procurement and analysis of flight in a helicopter must receive and the aircraft to be flown, including aeronautical weather reports and log flight training for the following recognition and use of the proper forecasts, including recognition of maneuvers and procedures: operational procedures and indications; critical weather situations and (1) Use of aeronautical charts for VFR (9) Use of radios for VFR navigation estimating visibility while in flight; navigation using pilotage and dead and two-way communications; and (4) Emergency procedures; reckoning with the aid of a magnetic (10) Takeoff, approach, and landing (5) Traffic pattern procedures that compass; procedures, including short-field and include area departure, area arrival, (2) Use of aircraft performance charts soft-field takeoffs, approaches, and entry into the traffic pattern, and pertaining to cross-country flight; landings. approach; (3) Procurement and analysis of (i) Maneuvers and procedures for (6) Procedures and operating practices aeronautical weather reports and cross-country flight training in a for collision avoidance, wake turbulence forecasts, including recognition of powered-lift. A student pilot who is precautions, and windshear avoidance; critical weather situations and receiving training for cross-country (7) Recognition, avoidance, and estimating visibility while in flight; flight training in a powered-lift must operational restrictions of hazardous (4) Emergency procedures; receive and log flight training in the terrain features in the geographical area (5) Traffic pattern procedures that following maneuvers and procedures: where the cross-country flight will be include area departure, area arrival, (1) Use of aeronautical charts for VFR flown; entry into the traffic pattern, and navigation using pilotage and dead (8) Procedures for operating the approach; reckoning with the aid of a magnetic instruments and equipment installed in (6) Procedures and operating practices compass; the aircraft to be flown, including for collision avoidance, wake turbulence (2) Use of aircraft performance charts recognition and use of the proper precautions, and windshear avoidance; pertaining to cross-country flight; operational procedures and indications; (7) Recognition, avoidance, and (3) Procurement and analysis of (9) Landings accomplished without operational restrictions of hazardous aeronautical weather reports and the use of the altimeter from at least terrain features in the geographical area forecasts, including recognition of 2,000 feet above the surface; and where the cross-country flight will be critical weather situations and (10) Recognition of weather and upper flown; estimating visibility while in flight; air conditions favorable for cross- (8) Procedures for operating the (4) Emergency procedures; country soaring, ascending and instruments and equipment installed in (5) Traffic pattern procedures that descending flight, and altitude control. the aircraft to be flown, including include area departure, area arrival, (k) Maneuvers and procedures for recognition and use of the proper entry into the traffic pattern, and cross-country flight training in an operational procedures and indications; approach; airship. A student pilot who is receiving (9) Use of radios for VFR navigation (6) Procedures and operating practices training for cross-country flight in an and two-way communications; and for collision avoidance, wake turbulence airship must receive and log flight (10) Takeoff, approach, and landing precautions, and windshear avoidance; training for the following maneuvers procedures. (7) Recognition, avoidance, and and procedures: (h) Maneuvers and procedures for operational restrictions of hazardous (1) Use of aeronautical charts for VFR cross-country flight training in a terrain features in the geographical area navigation using pilotage and dead gyroplane. A student pilot who is where the cross-country flight will be reckoning with the aid of a magnetic receiving training for cross-country flown; compass; flight in a gyroplane must receive and (8) Procedures for operating the (2) Use of aircraft performance charts log flight training in the following instruments and equipment installed in pertaining to cross-country flight; maneuvers and procedures: the aircraft to be flown, including (3) Procurement and analysis of (1) Use of aeronautical charts for VFR recognition and use of the proper aeronautical weather reports and navigation using pilotage and dead operational procedures and indications; forecasts, including recognition of reckoning with the aid of a magnetic (9) Use of radios for VFR navigation critical weather situations and compass; and two-way communications; estimating visibility while in flight; 16328 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(4) Emergency procedures; preceding the date of the flight at that § 61.97 Aeronautical knowledge. (5) Traffic pattern procedures that airport; and (a) General. A person who applies for include area departure, area arrival, (3) The logbook endorsement specifies a recreational pilot certificate must entry into the traffic pattern, and that the student pilot has received the receive and log ground training from an approach; required ground and flight training, and authorized instructor or complete a (6) Procedures and operating practices has been found proficient to conduct home-study course on the aeronautical for collision avoidance, wake turbulence solo flight operations at that specific knowledge areas of paragraph (b) of this precautions, and windshear avoidance; airport. section that apply to the aircraft (7) Recognition, avoidance, and category and class rating sought. operational restrictions of hazardous Subpart DÐRecreational Pilots (b) Aeronautical knowledge areas. (1) terrain features in the geographical area Applicable Federal Aviation where the cross-country flight will be § 61.96 Applicability and eligibility requirements: General. Regulations of this chapter that relate to flown; recreational pilot privileges, limitations, (8) Procedures for operating the (a) This subpart prescribes the and flight operations; instruments and equipment installed in requirement for the issuance of (2) Accident reporting requirements of the aircraft to be flown, including recreational pilot certificates and the National Transportation Safety recognition and use of the proper ratings, the conditions under which Board; operational procedures and indications; those certificates and ratings are (3) Use of the applicable portions of (9) Use of radios for VFR navigation necessary, and the general operating the ‘‘Aeronautical Information Manual’’ and two-way communications; rules for persons who hold those and FAA ACs; (10) Control of air pressure with certificates and ratings. (4) Use of aeronautical charts for VFR regard to ascending and descending (b) To be eligible for a recreational navigation using pilotage with the aid of flight and altitude control; pilot certificate, a person who applies a magnetic compass; (11) Control of the airship solely by for that certificate must: (5) Recognition of critical weather reference to flight instruments; and (1) Be at least 17 years of age; situations from the ground and in flight, (12) Recognition of weather and upper (2) Be able to read, speak, write, and windshear avoidance, and the air conditions conducive for the understand the English language. If the procurement and use of aeronautical direction of cross-country flight. applicant is unable to meet one of these weather reports and forecasts; (6) Safe and efficient operation of § 61.95 Operations in Class B airspace and requirements due to medical reasons, at airports located within Class B airspace. then the Administrator may place such aircraft, including collision avoidance, operating limitations on that applicant’s and recognition and avoidance of wake (a) A student pilot may not operate an turbulence; aircraft on a solo flight in Class B pilot certificate as are necessary for the safe operation of the aircraft; (7) Effects of density altitude on airspace unless: takeoff and climb performance; (1) The student pilot has received (3) Receive a logbook endorsement from an authorized instructor who— (8) Weight and balance computations; both ground and flight training from an (9) Principles of aerodynamics, authorized instructor on that Class B (i) Conducted the training or reviewed powerplants, and aircraft systems; airspace area, and the flight training was the applicant’s home study on the (10) Stall awareness, spin entry, spins, received in the specific Class B airspace aeronautical knowledge areas listed in and spin recovery techniques, if area for which solo flight is authorized; § 61.97(b) of this part that apply to the applying for an airplane single-engine (2) The logbook of that student pilot aircraft category and class rating sought; rating; has been endorsed by the instructor who and (11) Aeronautical decision making gave the student pilot flight training, (ii) Certified that the applicant is and judgment; and and the endorsement is dated within the prepared for the required knowledge (12) Preflight action that includes— 90-day period preceding the date of the test. (i) How to obtain information on flight in that Class B airspace area; and (4) Pass the required knowledge test runway lengths at airports of intended (3) The logbook endorsement specifies on the aeronautical knowledge areas use, data on takeoff and landing that the student pilot has received the listed in § 61.97(b) of this part; distances, weather reports and forecasts, required ground and flight training, and (5) Receive flight training and a and fuel requirements; and has been found proficient to conduct logbook endorsement from an (ii) How to plan for alternatives if the solo flight in that specific Class B authorized instructor who— planned flight cannot be completed or airspace area. (i) Conducted the training on the areas delays are encountered. (b) A student pilot may not operate an of operation listed in § 61.98(b) of this aircraft on a solo flight to, from, or at an § 61.98 Flight proficiency. part that apply to the aircraft category airport located within Class B airspace and class rating sought; and (a) General. A person who applies for pursuant to § 91.131(b) of this chapter a recreational pilot certificate must have (ii) Certified that the applicant is unless: received and logged ground and flight prepared for the required practical test. (1) The student pilot has received training from an authorized instructor both ground and flight training from an (6) Meet the aeronautical experience on the areas of operation of this section instructor authorized to provide training requirements of § 61.99 of this part that that apply to the aircraft category and to operate at that airport, and the flight apply to the aircraft category and class class rating sought. and ground training has been received rating sought; (b) Areas of operation. (1) For a at the specific airport for which the solo (7) Pass the required practical test on single-engine airplane rating: (i) flight is authorized; the areas of operation listed in § 61.98(b) Preflight preparation; (2) The logbook of that student pilot of this part that apply to the aircraft (ii) Preflight procedures; has been endorsed by an authorized category and class rating sought; and (iii) Airport operations; instructor who gave the student pilot (8) Comply with the sections of this (iv) Takeoffs, landings, and go- flight training, and the endorsement is part that apply to the aircraft category arounds; dated within the 90-day period and class rating sought. (v) Performance maneuvers; Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16329

(vi) Ground reference maneuvers; civil operations are available to which a (1) Received ground and flight (vii) Navigation; flight may be made without flying over training from an authorized instructor (viii) Slow flight and stalls; water for more than 10 nautical miles on the cross-country training (ix) Emergency operations; and from the nearest shoreline, the applicant requirements of subpart E of this part (x) Postflight procedures. must show completion of a dual flight that apply to the aircraft rating held; (2) For a helicopter rating: (i) Preflight between two airports, which must (2) Been found proficient in cross- preparation; include three landings at the other country flying; and (ii) Preflight procedures; airport. (3) Received from an authorized (iii) Airport and heliport operations; (b) An applicant who complies with instructor a logbook endorsement, (iv) Hovering maneuvers; paragraph (a) of this section and meets which is carried on the person’s (v) Takeoffs, landings, and go- all requirements for the issuance of a possession in the aircraft, that certifies arounds; recreational pilot certificate, except the the person has received and been found (vi) Performance maneuvers; requirements of § 61.99(a)(1) of this part, proficient in the cross-country training (vii) Ground reference maneuvers; will be issued a pilot certificate with an requirements of subpart E of this part (viii) Navigation; endorsement containing the following that apply to the aircraft rating held. (ix) Emergency operations; and limitation, ‘‘Passenger carrying (d) Except as provided in paragraph (x) Postflight procedures. prohibited on flights more than 10 (h) of this section, a recreational pilot (3) For a gyroplane rating: (i) Preflight nautical miles from (the appropriate may not act as pilot in command of an preparation; island).’’ The limitation may be aircraft: (ii) Preflight procedures; subsequently amended to include (1) That is certificated for more than (iii) Airport operations; another island if the applicant complies four occupants, with more than one (iv) Takeoffs, landings, and go- with the requirements of paragraph (a) powerplant, with a powerplant of more arounds; of this section for another island. than 180 horsepower, or with retractable (v) Performance maneuvers; (c) Upon meeting the requirements of landing gear. (vi) Ground reference maneuvers; § 61.99(a)(1) of this part, the applicant (2) That is classified as a multiengine (vii) Navigation; may have the limitation(s) in paragraph airplane, powered-lift, glider, airship, or (viii) Flight at slow airspeeds; (b) of this section removed. balloon; (ix) Emergency operations; and (3) That is carrying a passenger or (x) Postflight procedures. § 61.101 Recreational pilot privileges and property for compensation or hire; limitations. (4) For compensation or hire; § 61.99 Aeronautical experience. (a) A person who holds a recreational (5) In furtherance of a business; A person who applies for a pilot certificate may: (6) Between sunset and sunrise; recreational pilot certificate must (1) Carry no more than one passenger; (7) In airspace in which receive and log at least 30 hours of flight and communication with air traffic control training time that includes at least: (2) Not pay less than the pro rata is required; (a) 15 hours of flight training from an share of the operating expenses of a (8) At an altitude of more than 10,000 authorized instructor on the areas of flight with a passenger, provided the feet MSL or 2,000 feet AGL, whichever operation listed in § 61.98 of this part expenses involve only fuel, oil, airport is higher; that consists of at least: expenses, or aircraft rental fees. (9) When the flight or surface (1) Except as provided in § 61.100 of (b) A person who holds a recreational visibility is less than 3 statute miles; this part, 2 hours of flight training en pilot certificate may act as pilot in (10) Without visual reference to the route to an airport that is located more command of an aircraft on a flight that surface; than 25 nautical miles from the airport is within 50 nautical miles from the (11) On a flight outside the United where the applicant normally trains, departure airport, provided that person States; which includes at least three takeoffs has: (12) To demonstrate that aircraft in and three landings at the airport located (1) Received ground and flight flight to a prospective buyer; more than 25 nautical miles from the training for takeoff, departure, arrival, (13) That is used in a passenger- airport where the applicant normally and landing procedures at the departure carrying airlift and sponsored by a trains; and airport; charitable organization; and (2) 3 hours of flight training in the (2) Received ground and flight (14) That is towing any object. aircraft for the rating sought in training for the area, terrain, and aids to (e) A recreational pilot may not act as preparation for the practical test within navigation that are in the vicinity of the a pilot flight crewmember on any the 60 days preceding the date of the departure airport; aircraft for which more than one pilot is practical test. (3) Been found proficient to operate required by the type certificate of the (b) 3 hours of solo flying in the the aircraft at the departure airport and aircraft or the regulations under which aircraft for the rating sought, on the the area within 50 nautical miles from the flight is conducted, except when: areas of operation listed in § 61.98 of that airport; and (1) Receiving flight training from a this part that apply to the aircraft (4) Received from an authorized person authorized to provide flight category and class rating sought. instructor a logbook endorsement, training on board an airship; and which is carried in the person’s (2) No person other than a required § 61.100 Pilots based on small islands. possession in the aircraft, that permits flight crewmember is carried on the (a) An applicant located on an island flight within 50 nautical miles from the aircraft. from which the flight training required departure airport. (f) A person who holds a recreational in § 61.99(a)(1) of this part cannot be (c) A person who holds a recreational pilot certificate, has logged fewer than accomplished without flying over water pilot certificate may act as pilot in 400 flight hours, and has not logged for more than 10 nautical miles from the command of an aircraft on a flight that pilot-in-command time in an aircraft nearest shoreline need not comply with exceeds 50 nautical miles from the within the 180 days preceding the flight the requirements of that section. departure airport, provided that person shall not act as pilot in command of an However, if other airports that permit has: aircraft until the pilot receives flight 16330 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations training and a logbook endorsement applicant is unable to meet one of these (7) Safe and efficient operation of from an authorized instructor, and the requirements due to medical reasons, aircraft, including collision avoidance, instructor certifies that the person is then the Administrator may place such and recognition and avoidance of wake proficient to act as pilot in command of operating limitations on that applicant’s turbulence; the aircraft. This requirement can be pilot certificate as are necessary for the (8) Effects of density altitude on met in combination with the safe operation of the aircraft. takeoff and climb performance; requirements of §§ 61.56 and 61.57 of (d) Receive a logbook endorsement (9) Weight and balance computations; this part, at the discretion of the from an authorized instructor who: (10) Principles of aerodynamics, authorized instructor. (1) Conducted the training or powerplants, and aircraft systems; (g) A recreational pilot certificate reviewed the person’s home study on (11) Stall awareness, spin entry, spins, issued under this subpart carries the the aeronautical knowledge areas listed and spin recovery techniques for the notation, ‘‘Holder does not meet ICAO in § 61.105(b) of this part that apply to airplane and glider category ratings; requirements.’’ the aircraft rating sought; and (12) Aeronautical decision making (h) For the purpose of obtaining (2) Certified that the person is and judgment; and additional certificates or ratings while prepared for the required knowledge (13) Preflight action that includes— under the supervision of an authorized test. (i) How to obtain information on instructor, a recreational pilot may fly as (e) Pass the required knowledge test runway lengths at airports of intended the sole occupant of an aircraft: on the aeronautical knowledge areas use, data on takeoff and landing (1) For which the pilot does not hold listed in § 61.105(b) of this part. distances, weather reports and forecasts, an appropriate category or class rating; (f) Receive flight training and a and fuel requirements; and (2) Within airspace that requires logbook endorsement from an (ii) How to plan for alternatives if the communication with air traffic control; authorized instructor who: planned flight cannot be completed or or (1) Conducted the training in the areas delays are encountered. (3) Between sunset and sunrise, of operation listed in § 61.107(b) of this § 61.107 Flight proficiency. provided the flight or surface visibility part that apply to the aircraft rating (a) General. A person who applies for is at least 5 statute miles. sought; and a private pilot certificate must receive (i) In order to fly solo as provided in (2) Certified that the person is paragraph (h) of this section, the and log ground and flight training from prepared for the required practical test. an authorized instructor on the areas of recreational pilot must meet the (g) Meet the aeronautical experience appropriate aeronautical knowledge and operation of this section that apply to requirements of this part that apply to the aircraft category and class rating flight training requirements of § 61.87 the aircraft rating sought before for that aircraft. When operating an sought. applying for the practical test. (b) Areas of operation. (1) For an aircraft under the conditions specified (h) Pass a practical test on the areas airplane category rating with a single- in paragraph (h) of this section, the of operation listed in § 61.107(b) of this engine class rating: (i) Preflight recreational pilot shall carry the logbook part that apply to the aircraft rating preparation; that has been endorsed for each flight by sought. (ii) Preflight procedures; an authorized instructor who: (i) Comply with the appropriate (iii) Airport and seaplane base (1) Has given the recreational pilot sections of this part that apply to the operations; training in the make and model of aircraft category and class rating sought. (iv) Takeoffs, landings, and go- aircraft in which the solo flight is to be § 61.105 Aeronautical knowledge. arounds; made; (v) Performance maneuvers; (2) Has found that the recreational (a) General. A person who is applying (vi) Ground reference maneuvers; pilot has met the applicable for a private pilot certificate must (vii) Navigation; requirements of § 61.87; and receive and log ground training from an (viii) Slow flight and stalls; (3) Has found that the recreational authorized instructor or complete a (ix) Basic instrument maneuvers; pilot is competent to make solo flights home-study course on the aeronautical (x) Emergency operations; in accordance with the logbook knowledge areas of paragraph (b) of this (xi) Night operations, except as endorsement. section that apply to the aircraft provided in § 61.110 of this part; and category and class rating sought. (xii) Postflight procedures. Subpart EÐPrivate Pilots (b) Aeronautical knowledge areas. (1) (2) For an airplane category rating with a multiengine class rating: (i) § 61.102 Applicability. Applicable Federal Aviation Preflight preparation; This subpart prescribes the Regulations of this chapter that relate to private pilot privileges, limitations, and (ii) Preflight procedures; requirements for the issuance of private (iii) Airport and seaplane base pilot certificates and ratings, the flight operations; (2) Accident reporting requirements of operations; conditions under which those (iv) Takeoffs, landings, and go- certificates and ratings are necessary, the National Transportation Safety Board; arounds; and the general operating rules for (v) Performance maneuvers; (3) Use of the applicable portions of persons who hold those certificates and (vi) Ground reference maneuvers; ratings. the ‘‘Aeronautical Information Manual’’ (vii) Navigation; and FAA ACs; (viii) Slow flight and stalls; § 61.103 Eligibility requirements: General. (4) Use of aeronautical charts for VFR (ix) Basic instrument maneuvers; To be eligible for a private pilot navigation using pilotage, dead (x) Emergency operations; certificate, a person must: reckoning, and navigation systems; (xi) Multiengine operations; (a) Be at least 17 years of age for a (5) Radio communication procedures; (xii) Night operations, except as rating in other than a glider or balloon. (6) Recognition of critical weather provided in § 61.110 of this part; and (b) Be at least 16 years of age for a situations from the ground and in flight, (xiii) Postflight procedures. rating in a glider or balloon. windshear avoidance, and the (3) For a rotorcraft category rating (c) Be able to read, speak, write, and procurement and use of aeronautical with a helicopter class rating: (i) understand the English language. If the weather reports and forecasts; Preflight preparation; Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16331

(ii) Preflight procedures; (ii) Preflight procedures; (4) 3 hours of flight training in (iii) Airport and heliport operations; (iii) Airport operations; preparation for the practical test in a (iv) Hovering maneuvers; (iv) Launches and landings; multiengine airplane, which must have (v) Takeoffs, landings, and go- (v) Performance maneuvers; been performed within the 60-day arounds; (vi) Navigation; period preceding the date of the test; (vi) Performance maneuvers; (vii) Emergency operations; and and (vii) Navigation; (viii) Postflight procedures. (5) 10 hours of solo flight time in an (viii) Emergency operations; § 61.109 Aeronautical experience. airplane consisting of at least— (ix) Night operations, except as Except as provided in paragraph (i) of (i) 5 hours of solo cross-country flight; provided in § 61.110 of this part; and this section, a person who applies for a (ii) One solo cross-country flight of at (x) Postflight procedures. private pilot certificate with an airplane, least 150 nautical miles total distance, (4) For a rotorcraft category rating rotorcraft, or powered-lift category with full-stop landings at a minimum of with a gyroplane class rating: (i) rating must receive and log at least 40 three points, and one segment of the Preflight preparation; hours of flight time that includes at least flight consisting of a straight-line (ii) Preflight procedures; 20 hours of flight training from an distance of at least 50 nautical miles (iii) Airport operations; authorized instructor and 10 hours of between the takeoff and landing (iv) Takeoffs, landings, and go- solo flight training in the areas of locations; and arounds; (iii) Three takeoffs and three landings operation listed in § 61.107 of this part, (v) Performance maneuvers; to a full stop (with each landing and the training must include at least: (vi) Ground reference maneuvers; (a) For an airplane single-engine involving a flight in the traffic pattern) (vii) Navigation; rating: (1) 3 hours of cross-country flight at an airport with an operating control (viii) Flight at slow airspeeds; training in a single-engine airplane; tower. (ix) Emergency operations; (2) Except as provided in § 61.110 of (c) For a helicopter rating: (1) 3 hours (x) Night operations, except as this part, 3 hours of night flight training of cross-country flight training in a provided in § 61.110 of this part; and in a single-engine airplane that helicopter; (xi) Postflight procedures. includes— (2) Except as provided in § 61.110 of (5) For a powered-lift category rating: (i) One cross-country flight of over this part, 3 hours of night flight training (i) Preflight preparation; 100 nautical miles total distance; and in a helicopter that includes— (ii) Preflight procedures; (ii) 10 takeoffs and 10 landings to a (i) One cross-country flight of over 50 (iii) Airport and heliport operations; full stop (with each landing involving a nautical miles total distance; and (iv) Hovering maneuvers; flight in the traffic pattern) at an airport. (ii) 10 takeoffs and 10 landings to a (v) Takeoffs, landings, and go- (3) 3 hours of instrument flight full stop (with each landing involving a arounds; training in a single-engine airplane; flight in the traffic pattern) at an airport. (vi) Performance maneuvers; (4) 3 hours of flight training in (3) 3 hours of flight training in (vii) Ground reference maneuvers; preparation for the practical test in a preparation for the practical test in a (viii) Navigation; single-engine airplane, which must have helicopter, which must have been (ix) Slow flight and stalls; been performed within 60 days performed within 60 days preceding the (x) Basic instrument maneuvers; preceding the date of the test; and date of the test; and (xi) Emergency operations; (5) 10 hours of solo flight time in a (4) 10 hours of solo flight time in a (xii) Night operations, except as single-engine airplane, consisting of at helicopter, consisting of at least— provided in § 61.110 of this part; and least— (i) 3 hours cross-country flight time; (xiii) Postflight procedures. (i) 5 hours of solo cross-country flight; (ii) One solo cross-country flight of at (6) For a glider category rating: (i) (ii) One solo cross-country flight of at least 75 nautical miles total distance, Preflight preparation; least 150 nautical miles total distance, with landings at a minimum of three (ii) Preflight procedures; with full-stop landings at a minimum of points, and one segment of the flight (iii) Airport and gliderport operations; three points, and one segment of the being a straight-line distance of at least (iv) Launches and landings; flight consisting of a straight-line 25 nautical miles between the takeoff (v) Performance speeds; distance of at least 50 nautical miles and landing locations; and (vi) Soaring techniques; between the takeoff and landing (iii) Three takeoffs and three landings (vii) Performance maneuvers; locations; and to a full stop (with each landing (viii) Navigation; (iii) Three takeoffs and three landings involving a flight in the traffic pattern) (ix) Slow flight and stalls; to a full stop (with each landing at an airport with an operating control (x) Emergency operations; and involving a flight in the traffic pattern) tower. (xi) Postflight procedures. at an airport with an operating control (d) For a gyroplane rating: (1) 3 hours (7) For a lighter-than-air category tower. of cross-country flight training in a rating with an airship class rating: (i) (b) For an airplane multiengine rating: gyroplane; Preflight preparation; (1) 3 hours of cross-country flight (2) Except as provided in § 61.110 of (ii) Preflight procedures; training in a multiengine airplane; this part, 3 hours of night flight training (iii) Airport operations; (2) Except as provided in § 61.110 of in a gyroplane that includes— (iv) Takeoffs, landings, and go- this part, 3 hours of night flight training (i) One cross-country flight of over 50 arounds; in a multiengine airplane that nautical miles total distance; and (v) Performance maneuvers; includes— (ii) 10 takeoffs and 10 landings to a (vi) Ground reference maneuvers; (i) One cross-country flight of over full stop (with each landing involving a (vii) Navigation; 100 nautical miles total distance; and flight in the traffic pattern) at an airport. (viii) Emergency operations; and (ii) 10 takeoffs and 10 landings to a (3) 3 hours of flight training in (ix) Postflight procedures. full stop (with each landing involving a preparation for the practical test in a (8) For a lighter-than-air category flight in the traffic pattern) at an airport. gyroplane, which must have been rating with a balloon class rating: (i) (3) 3 hours of instrument flight performed within the 60-day period Preflight preparation; training in a multiengine airplane; preceding the date of the test; and 16332 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(4) 10 hours of solo flight time in a air aircraft, at least 3 hours of flight Except as provided in paragraphs (i)(2) gyroplane, and consisting of at least— training in a glider, and 10 training and (i)(3) of this section, a maximum of (i) 3 hours of cross-country flight flights performed on the areas of 2.5 hours of training in an approved time; operation listed in § 61.107 of this part flight simulator or an approved flight (ii) One solo cross-country flight of that apply to gliders that include— training device representing the over 75 nautical miles total distance, (i) 10 solo flights in gliders on the category, class, and type, if applicable, with landings at a minimum of three areas of operation listed in § 61.107 of of aircraft appropriate to the rating points, and one segment of the flight this part that apply to gliders; and sought, may be credited toward the being a straight-line distance of at least (ii) Three training flights in flight training time required by this 25 nautical miles between the takeoff preparation for the practical test within section, if received from an authorized and landing locations; and the 60-day waiting period preceding the instructor. (iii) Three takeoffs and three landings test. (2) Except as provided in paragraph to a full stop (with each landing (g) For an airship rating: (1) 25 hours (i)(1) or paragraph (i)(3) of this section, involving a flight in the traffic pattern) of flight training in airships on the areas a maximum of 5 hours of training in an at an airport with an operating control of operation listed in § 61.107(b)(7) of approved flight simulator or an tower. this part, which consists of at least— approved flight training device (e) For a powered-lift rating: (1) 3 (i) 3 hours of cross-country flight representing the category, class, and hours of cross-country flight training in training in an airship; type, if applicable, of aircraft a powered-lift; (ii) Except as provided in § 61.110 of appropriate to the rating sought, may be (2) Except as provided in § 61.110 of this part, 3 hours of night flight training credited toward the flight training time this part, 3 hours of night flight training in an airship that includes— required by this section if the training in a powered-lift that includes— (A) A cross-country flight of over 25 is accomplished in a course conducted (i) One cross-country flight of over nautical miles total distance; and 100 nautical miles total distance; and by a training center certificated under (B) Five takeoffs and five landings to part 142 of this chapter. (ii) 10 takeoffs and 10 landings to a a full stop (with each landing involving full stop (with each landing involving a (3) Except when fewer hours are a flight in the traffic pattern) at an flight in the traffic pattern) at an airport. approved by the Administrator, an airport. (3) 3 hours of instrument flight applicant for a private pilot certificate (2) 3 hours of instrument training; training in a powered-lift; with an airplane, rotorcraft, or powered- (4) 3 hours of flight training in (3) 3 hours of flight training in an lift rating, who has satisfactorily preparation for the practical test in a airship in preparation for the practical completed an approved private pilot powered-lift, which must have been test within the 60 days preceding the course conducted by a training center performed within the 60-day period date of the test; and certificated under part 142 of this preceding the date of the test; and (4) 5 hours of solo flight in an airship chapter need only have a total of 35 (5) 10 hours of solo flight time in an and with an authorized instructor. hours of aeronautical experience to meet airplane or powered-lift consisting of at (h) For a balloon rating: 10 hours of the requirements of this section. least— flight training that includes at least six (i) 5 hours cross-country flight time; training flights in the areas of operation § 61.110 Night flying exceptions. (ii) One cross-country flight of at least listed in § 61.107(b)(8) of this part, that (a) Subject to the limitations of 150 nautical miles total distance, with includes— paragraph (b) of this section, a person is landings at a minimum of three points, (1) Gas balloon. If the training is being not required to comply with the night and one segment of the flight being a performed in a gas balloon, at least two flight training requirements of this straight-line distance of at least 50 flights of 2 hours each that consists of— subpart if the person receives flight nautical miles between the takeoff and (i) At least one training flight within training in and resides in the State of landing locations; and 60 days prior to application for the Alaska. (iii) Three takeoffs and three landings rating on the areas of operation for a gas (b) A person who receives flight to a full stop (with each landing balloon; training in and resides in the State of involving a flight in the traffic pattern) (ii) At least one flight performing the Alaska but does not meet the night flight at an airport with an operating control functions of pilot in command in a gas training requirements of this section: tower. balloon; and (1) May be issued a pilot certificate (f) For a glider category rating: (1) If (iii) At least one flight involving a with a limitation ‘‘Night flying the applicant has not logged at least 40 controlled ascent to 3,000 feet above the prohibited;’’ and hours of flight time as a pilot in a launch site. (2) Must comply with the appropriate heavier-than-air aircraft, at least 10 (2) Balloon with an airborne heater. If night flight training requirements of this hours of flight training in a glider, and the training is being performed in a subpart within the 12-calendar-month 20 training flights performed on the balloon with an airborne heater, at period after the issuance of the pilot areas of operation listed in least— certificate. At the end of that period, the § 61.107(b)(6) of this part that apply to (i) Two flights of 1 hour each within certificate will be suspended until the gliders that include— 60 days prior to application for the person complies with the appropriate (i) 2 hours of solo flight in gliders in rating on the areas of operation night training requirements of this the areas of operation listed in appropriate to a balloon with an subpart. The person may have the § 61.107(b)(6) of this part that apply to airborne heater; ‘‘Night flying prohibited’’ limitation gliders, with not less than 10 launches (ii) One solo flight in a balloon with removed if the person— and landings being performed; and an airborne heater; and (i) Accomplishes the appropriate (ii) Three training flights in a glider in (iii) At least one flight involving a night flight training requirements of this preparation for the practical test within controlled ascent to 2,000 feet above the subpart; and the 60-day period preceding the launch site. (ii) Presents to an examiner a logbook practical test. (i) Permitted credit for use of an or training record endorsement from an (2) If the applicant has logged at least approved flight simulator or an authorized instructor that verifies 40 hours of flight time in heavier-than- approved flight training device. (1) accomplishment of the appropriate Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16333 night flight training requirements of this fuel, oil, airport expenditures, or rental § 61.115 Balloon rating: Limitations. subpart. fees. (a) If a person who applies for a (d) A private pilot may act as pilot in private pilot certificate with a balloon § 61.111 Cross-country flights: Pilots command of an aircraft used in a based on small islands. rating takes a practical test in a balloon passenger-carrying airlift sponsored by a with an airborne heater: (a) Except as provided in paragraph charitable organization described in (1) The pilot certificate will contain a (b) of this section, an applicant located paragraph (d)(7) of this section, and for limitation restricting the exercise of the on an island from which the cross- which the passengers make a donation privileges of that certificate to a balloon country flight training required in to the organization, when the following with an airborne heater; and § 61.109 of this part cannot be requirements are met: (2) The limitation may be removed accomplished without flying over water (1) The sponsor of the airlift notifies when the person obtains the required for more than 10 nautical miles from the the FAA Flight Standards District Office aeronautical experience in a gas balloon nearest shoreline need not comply with with jurisdiction over the area and receives a logbook endorsement the requirements of that section. concerned at least 7 days before the from an authorized instructor who (b) If other airports that permit civil event and furnishes— attests to the person’s accomplishment operations are available to which a (i) A signed letter from the sponsor of the required aeronautical experience flight may be made without flying over that shows the name of the sponsor, the and ability to satisfactorily operate a gas water for more than 10 nautical miles purpose of the charitable event, the date balloon. from the nearest shoreline, the applicant and time of the event, and the location (b) If a person who applies for a must show completion of two round- of the event; and private pilot certificate with a balloon trip solo flights between those two (ii) A photocopy of each pilot in rating takes a practical test in a gas airports that are farthest apart, including command’s pilot certificate, medical balloon: a landing at each airport on both flights. certificate, and logbook entries that (1) The pilot certificate will contain a (c) An applicant who complies with show the pilot is current in accordance limitation restricting the exercise of the paragraph (a) or paragraph (b) of this with §§ 61.56 and 61.57 of this part and privilege of that certificate to a gas section, and meets all requirements for has logged at least 200 hours of flight balloon; and the issuance of a private pilot certificate, time. (2) The limitation may be removed except the cross-country training (2) The flight is conducted from a when the person obtains the required requirements of § 61.109 of this part, public airport that is adequate for the aeronautical experience in a balloon will be issued a pilot certificate with an aircraft to be used, or from another with an airborne heater and receives a endorsement containing the following airport that has been approved by the logbook endorsement from an limitation, ‘‘Passenger carrying FAA for the operation. authorized instructor who attests to the prohibited on flights more than 10 (3) No aerobatic or formation flights person’s accomplishment of the nautical miles from (the appropriate are conducted. required aeronautical experience and island).’’ The limitation may be (4) Each aircraft used for the ability to satisfactorily operate a balloon subsequently amended to include charitable event holds a standard with an airborne heater. another island if the applicant complies airworthiness certificate. with the requirements of paragraph (a) § 61.117 Private pilot privileges and (5) Each aircraft used for the or paragraph (b) of this section for limitations: Second in command of aircraft charitable event is airworthy and another island. requiring more than one pilot. complies with the applicable (d) Upon meeting the cross-country Except as provided in § 61.113 of this requirements of subpart E of part 91 of training requirements of § 61.109 of this part, no private pilot may, for this chapter. part, the applicant may have the compensation or hire, act as second in (6) Each flight for the charitable event limitation in paragraph (c) of this command of an aircraft that is type is made during day VFR conditions. section removed. certificated for more than one pilot, nor (7) The charitable organization is an may that pilot act as second in § 61.113 Private pilot privileges and organization identified as such by the command of such an aircraft that is limitations: Pilot in command. U.S. Department of Treasury. carrying passengers, or property for (a) Except as provided in paragraphs (e) A private pilot may be reimbursed compensation or hire. (b) through (g) of this section, no person for aircraft operating expenses that are who holds a private pilot certificate may directly related to search and location § 61.118±61.120 [Reserved] operations, provided the expenses act as pilot in command of an aircraft Subpart FÐCommercial Pilots that is carrying passengers or property involve only fuel, oil, airport for compensation or hire; nor may that expenditures, or rental fees, and the § 61.121 Applicability. person, for compensation or hire, act as operation is sanctioned and under the This subpart prescribes the pilot in command of an aircraft. direction and control of: requirements for the issuance of (b) A private pilot may, for (1) A local, State, or Federal agency; commercial pilot certificates and compensation or hire, act as pilot in or ratings, the conditions under which command of an aircraft in connection (2) An organization that conducts those certificates and ratings are with any business or employment if: search and location operations. necessary, and the general operating (1) The flight is only incidental to that (f) A private pilot who is an aircraft rules for persons who hold those business or employment; and salesman and who has at least 200 hours certificates and ratings. (2) The aircraft does not carry of logged flight time may demonstrate passengers or property for compensation an aircraft in flight to a prospective § 61.123 Eligibility requirements: General. or hire. buyer. To be eligible for a commercial pilot (c) A private pilot may not pay less (g) A private pilot who meets the certificate, a person must: than the pro rata share of the operating requirements of § 61.69 of this part may (a) Be at least 18 years of age; expenses of a flight with passengers, act as pilot in command of an aircraft (b) Be able to read, speak, write, and provided the expenses involve only towing a glider. understand the English language. If the 16334 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations applicant is unable to meet one of these (5) Safe and efficient operation of (iv) Hovering maneuvers; requirements due to medical reasons, aircraft; (v) Takeoffs, landings, and go- then the Administrator may place such (6) Weight and balance computations; arounds; operating limitations on that applicant’s (7) Use of performance charts; (vi) Performance maneuvers; pilot certificate as are necessary for the (8) Significance and effects of (vii) Navigation; safe operation of the aircraft. exceeding aircraft performance (viii) Emergency operations; (c) Receive a logbook endorsement limitations; (ix) Special operations; and from an authorized instructor who: (9) Use of aeronautical charts and a (x) Postflight procedures. (1) Conducted the required ground magnetic compass for pilotage and dead (4) For a rotorcraft category rating training or reviewed the person’s home reckoning; with a gyroplane class rating: (i) study on the aeronautical knowledge (10) Use of air navigation facilities; Preflight preparation; areas listed in § 61.125 of this part that (11) Aeronautical decision making (ii) Preflight procedures; apply to the aircraft category and class and judgment; (iii) Airport operations; rating sought; and (12) Principles and functions of (iv) Takeoffs, landings, and go- (2) Certified that the person is aircraft systems; arounds; prepared for the required knowledge (13) Maneuvers, procedures, and (v) Performance maneuvers; test that applies to the aircraft category emergency operations appropriate to the (vi) Navigation; and class rating sought. aircraft; (vii) Flight at slow airspeeds; (d) Pass the required knowledge test (14) Night and high-altitude (viii) Emergency operations; and on the aeronautical knowledge areas operations; (ix) Postflight procedures. listed in § 61.125 of this part; (15) Procedures for operating within (5) For a powered-lift category rating: (e) Receive the required training and the National Airspace System; and (i) Preflight preparation; a logbook endorsement from an (16) Procedures for flight and ground (ii) Preflight procedures; authorized instructor who: training for lighter-than-air ratings. (iii) Airport and heliport operations; (1) Conducted the training on the (iv) Hovering maneuvers; areas of operation listed in § 61.127(b) of § 61.127 Flight proficiency. (v) Takeoffs, landings, and go- this part that apply to the aircraft (a) General. A person who applies for arounds; category and class rating sought; and a commercial pilot certificate must (vi) Performance maneuvers; (2) Certified that the person is receive and log ground and flight (vii) Ground reference maneuvers; prepared for the required practical test. training from an authorized instructor (viii) Navigation; (f) Meet the aeronautical experience on the areas of operation of this section (ix) Slow flight and stalls; requirements of this subpart that apply that apply to the aircraft category and (x) Emergency operations; to the aircraft category and class rating class rating sought. (xi) High-altitude operations; sought before applying for the practical (b) Areas of operation. (1) For an (xii) Special operations; and test; airplane category rating with a single- (xiii) Postflight procedures. (g) Pass the required practical test on engine class rating: (i) Preflight (6) For a glider category rating: (i) the areas of operation listed in preparation; Preflight preparation; § 61.127(b) of this part that apply to the (ii) Preflight procedures; (ii) Preflight procedures; aircraft category and class rating sought; (iii) Airport and gliderport operations; (h) Hold at least a private pilot (iii) Airport and seaplane base (iv) Launches and landings; certificate issued under this part or meet operations; (v) Performance speeds; the requirements of § 61.73; and (iv) Takeoffs, landings, and go- (i) Comply with the sections of this arounds; (vi) Soaring techniques; part that apply to the aircraft category (v) Performance maneuvers; (vii) Performance maneuvers; and class rating sought. (vi) Ground reference maneuvers; (viii) Navigation; (vii) Navigation; (ix) Slow flight and stalls; § 61.125 Aeronautical knowledge. (viii) Slow flight and stalls; (x) Emergency operations; and (a) General. A person who applies for (ix) Emergency operations; (xi) Postflight procedures. a commercial pilot certificate must (x) High-altitude operations; and (7) For a lighter-than-air category receive and log ground training from an (xi) Postflight procedures. rating with an airship class rating: (i) authorized instructor, or complete a (2) For an airplane category rating Fundamentals of instructing; home-study course, on the aeronautical with a multiengine class rating: (i) (ii) Technical subjects; knowledge areas of paragraph (b) of this Preflight preparation; (iii) Preflight preparation; section that apply to the aircraft (ii) Preflight procedures; (iv) Preflight lesson on a maneuver to category and class rating sought. (iii) Airport and seaplane base be performed in flight; (b) Aeronautical knowledge areas. (1) operations; (v) Preflight procedures; Applicable Federal Aviation (iv) Takeoffs, landings, and go- (vi) Airport operations; Regulations of this chapter that relate to arounds; (vii) Takeoffs, landings, and go- commercial pilot privileges, limitations, (v) Performance maneuvers; arounds; and flight operations; (vi) Navigation; (viii) Performance maneuvers; (2) Accident reporting requirements of (vii) Slow flight and stalls; (ix) Navigation; the National Transportation Safety (viii) Emergency operations; (x) Emergency operations; and Board; (ix) Multiengine operations; (xi) Postflight procedures. (3) Basic aerodynamics and the (x) High-altitude operations; and (8) For a lighter-than-air category principles of flight; (xi) Postflight procedures. rating with a balloon class rating: (i) (4) Meteorology to include recognition (3) For a rotorcraft category rating Fundamentals of instructing; of critical weather situations, windshear with a helicopter class rating: (i) (ii) Technical subjects; recognition and avoidance, and the use Preflight preparation; (iii) Preflight preparation; of aeronautical weather reports and (ii) Preflight procedures; (iv) Preflight lesson on a maneuver to forecasts; (iii) Airport and heliport operations; be performed in flight; Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16335

(v) Preflight procedures; each landing involving a flight in the (c) For a helicopter rating. A person (vi) Airport operations; traffic pattern) at an airport with an who applies for a commercial pilot (vii) Launches and landings; operating control tower. certificate with a rotorcraft category and (viii) Performance maneuvers; (b) For an airplane multiengine rating. helicopter class rating must log at least (ix) Navigation; A person who applies for a commercial 150 hours of flight time as a pilot (of (x) Emergency operations; and pilot certificate with an airplane which 25 hours may have been (xi) Postflight procedures. category and multiengine class rating accomplished in an approved flight § 61.129 Aeronautical experience. must log at least 250 hours of flight time simulator or approved flight training (a) For an airplane single-engine as a pilot (of which 50 hours may have device that is representative of a rating. Except as provided in paragraph been accomplished in an approved helicopter) that consists of at least: (i) of this section, a person who applies flight simulator or approved flight (1) 100 hours in powered aircraft, of for a commercial pilot certificate with training device that is representative of which 50 hours must be in helicopters. an airplane category and single-engine a multiengine airplane) that consists of (2) 100 hours of pilot in command class rating must log at least 250 hours at least: flight time, which includes at least— of flight time as a pilot (of which 50 (1) 100 hours in powered aircraft, of (i) 35 hours in helicopters; and hours may have been accomplished in which 50 hours must be in airplanes. (ii) 10 hours in cross-country flight in an approved flight simulator or (2) 100 hours of pilot in command helicopters. (3) 20 hours of training on the areas approved flight training device that is flight time, which includes at least— (i) 50 hours in airplanes; and of operation listed in § 61.127(b)(3) of representative of a single-engine (ii) 50 hours in cross-country flight in this part that includes at least— airplane) that consists of at least: airplanes. (i) 10 hours of instrument training in (1) 100 hours in powered aircraft, of (3) 20 hours of training on the areas an aircraft; which 50 hours must be in airplanes. (2) 100 hours of pilot in command of operation listed in § 61.127(b)(2) of (ii) One cross-country flight of at least flight time, which includes at least— this part that includes at least— 2 hours in a helicopter in day VFR (i) 50 hours in airplanes; and (i) 10 hours of instrument training of conditions, consisting of a total straight- (ii) 50 hours in cross-country flight in which at least 5 hours must be in a line distance of more than 50 nautical airplanes. multiengine airplane; miles from the original point of (3) 20 hours of training on the areas (ii) 10 hours of training in a departure; of operation listed in § 61.127(b)(1) of multiengine airplane that has a (iii) One cross-country flight of at this part that includes at least— retractable landing gear, flaps, and least 2 hours in a helicopter in night (i) 10 hours of instrument training of controllable pitch propellers, or is VFR conditions, consisting of a total which at least 5 hours must be in a turbine-powered; straight-line distance of more than 50 single-engine airplane; (iii) One cross-country flight of at nautical miles from the original point of (ii) 10 hours of training in an airplane least 2 hours in a multiengine airplane departure; and that has a retractable landing gear, flaps, in day VFR conditions, consisting of a (iv) 3 hours in a helicopter in and a controllable pitch propeller, or is total straight-line distance of more than preparation for the practical test within turbine-powered; 100 nautical miles from the original the 60-day period preceding the date of (iii) One cross-country flight of at point of departure; the test. least 2 hours in a single-engine airplane (iv) One cross-country flight of at least (4) 10 hours of solo flight in a in day VFR conditions, consisting of a 2 hours in a multiengine airplane in helicopter on the areas of operation total straight-line distance of more than night VFR conditions, consisting of a listed in § 61.127(b)(3) of this part, 100 nautical miles from the original total straight-line distance of more than which includes at least— point of departure; 100 nautical miles from the original (i) One cross-country flight with (iv) One cross-country flight of at least point of departure; and landings at a minimum of three points, 2 hours in a single-engine airplane in (v) 3 hours in a multiengine airplane with one segment consisting of a night VFR conditions, consisting of a in preparation for the practical test straight-line distance of at least 50 total straight-line distance of more than within the 60-day period preceding the nautical miles from the original point of 100 nautical miles from the original date of the test. departure; and point of departure; and (4) 10 hours of flight time performing (ii) 5 hours in night VFR conditions (v) 3 hours in a single-engine airplane the duties of pilot in command in a with 10 takeoffs and 10 landings (with in preparation for the practical test multiengine airplane with an authorized each landing involving a flight in the within the 60-day period preceding the instructor on the areas of operation traffic pattern). date of the test. listed in § 61.127(b)(2) of this part, (d) For a gyroplane rating. A person (4) 10 hours of solo flight in a single- which includes at least— who applies for a commercial pilot engine airplane on the areas of (i) One cross-country flight of not less certificate with a rotorcraft category and operation listed in § 61.127(b)(1) of this than 300 nautical miles total distance gyroplane class rating must log at least part, which includes at least— with landings at a minimum of three 150 hours of flight time as a pilot (of (i) One cross-country flight of not less points, one of which is a straight-line which 5 hours may have been than 300 nautical miles total distance, distance of at least 250 nautical miles accomplished in an approved flight with landings at a minimum of three from the original departure point. simulator or approved flight training points, one of which is a straight-line However, if this requirement is being device that is representative of a distance of at least 250 nautical miles met in Hawaii, the longest segment need gyroplane) that consists of at least: from the original departure point. only have a straight-line distance of at (1) 100 hours in powered aircraft, of However, if this requirement is being least 150 nautical miles; and which 25 hours must be in gyroplanes. met in Hawaii, the longest segment need (ii) 5 hours in night VFR conditions (2) 100 hours of pilot in command only have a straight-line distance of at with 10 takeoffs and 10 landings (with flight time, which includes at least— least 150 nautical miles; and each landing involving a flight with a (i) 10 hours in gyroplanes; and (ii) 5 hours in night VFR conditions traffic pattern) at an airport with an (ii) 3 hours in cross-country flight in with 10 takeoffs and 10 landings (with operating control tower. gyroplanes. 16336 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(3) 20 hours of training on the areas (iv) 3 hours in a powered-lift in (3) 40 hours of instrument time, of operation listed in § 61.127(b)(4) of preparation for the practical test within which consists of at least 20 hours in this part that includes at least— the 60-day period preceding the date of flight, of which 10 hours must be in (i) 5 hours of instrument training in the test. flight in airships. an aircraft; (4) 10 hours of solo flight in a (4) 20 hours of flight training in (ii) One cross-country flight of at least powered-lift on the areas of operation airships on the areas of operation listed 2 hours in a gyroplane in day VFR listed in § 61.127(b)(5) of this part, in § 61.127(b)(7) of this part, which conditions, consisting of a total straight- which includes at least— includes at least— line distance of more than 50 nautical (i) One cross-country flight of not less (i) 3 hours in an airship in preparation miles from the original point of than 300 nautical miles total distance for the practical test within the 60-day departure; with landings at a minimum of three period preceding the date of the test; (iii) One cross-country flight of at points, one of which is a straight-line (ii) One cross-country flight of at least least 2 hours in a gyroplane in night distance of at least 250 nautical miles 1 hour in duration in an airship in day VFR conditions, consisting of a total from the original departure point. VFR conditions, consisting of a total straight-line distance of more than 50 However, if this requirement is being straight-line distance of more than 25 nautical miles from the original point of met in Hawaii the longest segment need nautical miles from the original point of departure; and only have a straight-line distance of at departure; and (iv) 3 hours in a gyroplane in least 150 nautical miles; and (iii) One cross-country flight of at preparation for the practical test within (ii) 5 hours in night VFR conditions least 1 hour in duration in an airship in the 60-day period preceding the date of with 10 takeoffs and 10 landings (with night VFR conditions, consisting of a the test. each landing involving a flight in the total straight-line distance of more than (4) 10 hours of solo flight in a traffic pattern) at an airport with an 25 nautical miles from the original point gyroplane on the areas of operation operating control tower. of departure. listed in § 61.127(b)(4) of this part, (f) For a glider rating. A person who (5) 10 hours of flight training which includes at least— applies for a commercial pilot certificate performing the functions of pilot in (i) One cross-country flight with with a glider category rating must log at command with an authorized instructor landings at a minimum of three points, least: on the areas of operation listed in with one segment consisting of a (1) 25 hours as a pilot in gliders and § 61.127(b)(7) of this part, which straight-line distance of at least 50 100 flights in gliders as pilot in includes at least— nautical miles from the original point of command; which includes at least— (i) One cross-country flight with departure; and (i) 3 hours of flight training or 10 landings at a minimum of three points, (ii) 5 hours in night VFR conditions training flights in gliders on the areas of with one segment consisting of a with 10 takeoffs and 10 landings (with operation listed in § 61.127(b)(6) of this straight-line distance of at least 25 each landing involving a flight in the part; nautical miles from the original point of traffic pattern). (ii) 2 hours of solo flight that includes departure; and (e) For a powered-lift rating. A person not less than 10 solo flights in gliders on (ii) 5 hours in night VFR conditions who applies for a commercial pilot the areas of operation listed in with 10 takeoffs and 10 landings (with certificate with a powered-lift category § 61.127(b)(6) of this part; and each landing involving a flight in the rating must log at least 250 hours of (iii) Three training flights in traffic pattern). flight time as a pilot (of which 50 hours preparation for the practical test within (h) For a balloon rating. A person who may have been accomplished in an the 60-day period preceding the date of applies for a commercial pilot certificate approved flight simulator or approved the test; or with a lighter-than-air category and a flight training device that is (2) 200 hours of flight time as a pilot balloon class rating must log at least 35 representative of a powered-lift) that in heavier-than-air aircraft, and 20 hours of flight time as a pilot, which consists of at least: flights in gliders as pilot in command, includes at least the following (1) 100 hours in powered aircraft, of which includes at least— requirements: which 50 hours must be in a powered- (i) 3 hours of flight training or 10 (1) 20 hours in balloons; lift. training flights on the areas of operation (2) 10 flights in balloons; (2) 100 hours of pilot in command listed in § 61.127(b)(6) of this part; (3) Two flights in balloons as the pilot flight time, which includes at least— (ii) Five solo flights in a glider on the in command; and (i) 50 hours in a powered-lift; and areas of operation listed in (4) 10 hours of flight training that (ii) 50 hours in cross-country flight in § 61.127(b)(6) of this part; and includes at least 10 training flights in a powered-lift. (iii) Three training flights in balloons on the areas of operation listed (3) 20 hours of training on the areas preparation for the practical test within in § 61.127(b)(8) of this part, which of operation listed in § 61.127(b)(5) of the 60-day period preceding the date of consists of at least— this part that includes at least— the test. (i) For a gas balloon— (i) 10 hours of instrument training, of (g) For an airship rating. A person (A) Two training flights of 2 hours which at least 5 hours must be in a who applies for a commercial pilot each in a gas balloon on the areas of powered-lift; certificate with a lighter-than-air operation appropriate to a gas balloon (ii) One cross-country flight of at least category and airship class rating must within 60 days prior to application for 2 hours in a powered-lift in day VFR log at least 200 hours of flight time as the rating; conditions, consisting of a total straight- a pilot, which includes at least the (B) Two flights performing the line distance of more than 100 nautical following hours: functions of pilot in command in a gas miles from the original point of (1) 50 hours in airships. balloon on the appropriate areas of departure; (2) 30 hours of pilot-in-command time operation; and (iii) One cross-country flight of at in airships, which consists of at least— (C) One flight involving a controlled least 2 hours in a powered-lift, (i) 10 hours of cross-country flight ascent to 5,000 feet above the launch consisting of a total straight-line time in airships; and site. distance of more than 100 nautical miles (ii) 10 hours of night flight time in (ii) For a balloon with an airborne from the original point of departure; and airships. heater— Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16337

(A) Two training flights of 1 hour each approved flight training device that (ii) For compensation or hire, in a balloon with an airborne heater on represents a helicopter and type, if provided the person is qualified in the areas of operation appropriate to a applicable, appropriate to the rating accordance with this part and with the balloon with an airborne heater within sought. applicable parts of this chapter that 60 days prior to application for the (3) Except when fewer hours are apply to the operation. rating; approved by the Administrator, an (2) Commercial pilots with lighter- (B) Two solo flights in a balloon with applicant for a commercial pilot than-air category ratings. A person with an airborne heater on the appropriate certificate with an airplane, helicopter, a commercial pilot certificate with a areas of operation; and or a powered-lift rating who has lighter-than-air category rating may— (C) One flight involving a controlled satisfactorily completed an approved (i) For an airship—(A) Give flight and ascent to 3,000 feet above the launch commercial pilot course conducted by a ground training in an airship for the site. training center certificated under part issuance of a certificate or rating; (i) Permitted credit for use of an 142 of this chapter need only have the (B) Give an endorsement on a pilot approved flight simulator or approved following total aeronautical experience certificate for an airship; flight training device. (1) Except as to meet the aeronautical experience (C) Endorse a student pilot certificate provided in paragraph (i)(3) of this requirements of this section: or logbook for solo operating privileges section, an applicant who has not (i) 190 hours for an airplane or in an airship; and accomplished the training required by powered-lift rating; and (D) Act as pilot in command of an this section in a course conducted by a (ii) 150 hours for a helicopter rating. airship under IFR or in weather training center certificated under part conditions less than the minimum 142 of this chapter may: § 61.131 Exceptions to the night flying prescribed for VFR flight. (i) Credit a maximum of 50 hours requirements. (ii) For a balloon—(A) Give flight and toward the total aeronautical experience (a) Subject to the limitations of ground training in a balloon for the requirements for an airplane or paragraph (b) of this section, a person is issuance of a certificate or rating; powered-lift rating, provided the not required to comply with the night (B) Give an endorsement on a pilot aeronautical experience was obtained flight training requirements of this certificate for a balloon; and from an authorized instructor in an subpart if the person receives flight (C) Endorse a student pilot certificate approved flight simulator or an training in and resides in the State of or logbook for solo operating privileges approved flight training device that Alaska. in a balloon. represents that class of airplane or (b) A person who receives flight (b) Limitations. (1) A person who powered-lift category and type, if training in and resides in the State of applies for a commercial pilot certificate applicable, appropriate to the rating Alaska but does not meet the night flight with an airplane category or powered- sought; and training requirements of this section: lift category rating and does not hold an (ii) Credit a maximum of 25 hours (1) May be issued a pilot certificate instrument rating in the same category toward the total aeronautical experience with the limitation ‘‘night flying and class will be issued a commercial requirements of this section for a prohibited.’’ pilot certificate that contains the helicopter rating, provided the (2) Must comply with the appropriate limitation, ‘‘The carriage of passengers aeronautical experience was obtained night flight training requirements of this for hire in (airplanes) (powered-lifts) on from an authorized instructor in an subpart within the 12-calendar-month cross-country flights in excess of 50 approved flight simulator or an period after the issuance of the pilot nautical miles or at night is prohibited.’’ approved flight training device that certificate. At the end of that period, the The limitation may be removed when represents a helicopter and type, if certificate will be suspended until the the person satisfactorily accomplishes applicable, appropriate to the rating person complies with the appropriate the requirements listed in § 61.65 of this sought. night flight training requirements of this part for an instrument rating in the same (2) Except as provided in paragraph subpart. The person may have the category and class of aircraft listed on (i)(3) of this section, an applicant who ‘‘night flying prohibited’’ limitation the person’s commercial pilot has accomplished the training required removed if the person— certificate. by this section in a course conducted by (i) Accomplishes the appropriate (2) If a person who applies for a a training center certificated under part night flight training requirements of this commercial pilot certificate with a 142 of this chapter may: subpart; and balloon rating takes a practical test in a (i) Credit a maximum of 100 hours (ii) Presents to an examiner a logbook balloon with an airborne heater— toward the total aeronautical experience or training record endorsement from an (i) The pilot certificate will contain a requirements of this section for an authorized instructor that verifies limitation restricting the exercise of the airplane and powered-lift rating, accomplishment of the appropriate privileges of that certificate to a balloon provided the aeronautical experience night flight training requirements of this with an airborne heater. was obtained from an authorized subpart. (ii) The limitation specified in instructor in an approved flight paragraph (b)(2)(i) of this section may be simulator or an approved flight training § 61.133 Commercial pilot privileges and removed when the person obtains the device that represents that class of limitations. required aeronautical experience in a airplane or powered-lift category and (a) Privileges. (1) General. A person gas balloon and receives a logbook type, if applicable, appropriate to the who holds a commercial pilot certificate endorsement from an authorized rating sought; and may act as pilot in command of an instructor who attests to the person’s (ii) Credit a maximum of 50 hours aircraft— accomplishment of the required toward the total aeronautical experience (i) Carrying persons or property for aeronautical experience and ability to requirements of this section for a compensation or hire, provided the satisfactorily operate a gas balloon. helicopter rating, provided the person is qualified in accordance with (3) If a person who applies for a aeronautical experience was obtained this part and with the applicable parts commercial pilot certificate with a from an authorized instructor in an of this chapter that apply to the balloon rating takes a practical test in a approved flight simulator or an operation; and gas balloon— 16338 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The pilot certificate will contain a (g) Pass the practical test on the areas § 61.157 Flight proficiency. limitation restricting the exercise of the of operation listed in § 61.157(e) of this (a) General. (1) The practical test for privileges of that certificate to a gas part that apply to the aircraft category an airline transport pilot certificate is balloon. and class rating sought; and given for— (ii) The limitation specified in (h) Comply with the sections of this (i) An airplane category and single- paragraph (b)(3)(i) of this section may be part that apply to the aircraft category engine class rating; removed when the person obtains the and class rating sought. (ii) An airplane category and required aeronautical experience in a multiengine class rating; balloon with an airborne heater and § 61.155 Aeronautical knowledge. (iii) A rotorcraft category and receives a logbook endorsement from an (a) General. The knowledge test for an helicopter class rating; authorized instructor who attests to the airline transport pilot certificate is based (iv) A powered-lift category rating; person’s accomplishment of the on the aeronautical knowledge areas and required aeronautical experience and listed in paragraph (c) of this section (v) An aircraft type rating for the ability to satisfactorily operate a balloon that are appropriate to the aircraft category and class ratings listed in with an airborne heater. category and class rating sought. paragraphs (a)(1)(i) through (a)(1)(iv) of this section. § 61.135Ð61.141 [Reserved] (b) Aircraft type rating. A person who (2) A person who is applying for an is applying for an additional aircraft airline transport pilot practical test must Subpart GÐAirline Transport Pilots type rating to be added to an airline meet— transport pilot certificate is not required § 61.151 Applicability. (i) The eligibility requirements of to pass a knowledge test if that person’s § 61.153 of this part; and This subpart prescribes the airline transport pilot certificate lists the (ii) The aeronautical knowledge and requirements for the issuance of airline aircraft category and class rating that is aeronautical experience requirements of transport pilot certificates and ratings, appropriate to the type rating sought. this subpart that apply to the aircraft the conditions under which those (c) Aeronautical knowledge areas. (1) category and class rating sought. certificates and ratings are necessary, Applicable Federal Aviation (b) Aircraft type rating. Except as and the general operating rules for Regulations of this chapter that relate to provided in paragraph (c) of this persons who hold those certificates and airline transport pilot privileges, section, a person who is applying for an ratings. limitations, and flight operations; aircraft type rating to be added to an § 61.153 Eligibility requirements: General. (2) Meteorology, including knowledge airline transport pilot certificate: of and effects of fronts, frontal (1) Must receive and log ground and To be eligible for an airline transport characteristics, cloud formations, icing, flight training from an authorized pilot certificate, a person must: and upper-air data; instructor on the areas of operation in (a) Be at least 23 years of age; (3) General system of weather and this section that apply to the aircraft (b) Be able to read, speak, write, and type rating sought; understand the English language. If the NOTAM collection, dissemination, interpretation, and use; (2) Must receive a logbook applicant is unable to meet one of these endorsement from an authorized (4) Interpretation and use of weather requirements due to medical reasons, instructor certifying that the applicant charts, maps, forecasts, sequence then the Administrator may place such completed the training on the areas of reports, abbreviations, and symbols; operating limitations on that applicant’s operation listed in paragraph (e) of this pilot certificate as are necessary for the (5) National Weather Service section that apply to the aircraft type safe operation of the aircraft; functions as they pertain to operations rating sought; and (c) Be of good moral character; in the National Airspace System; (3) Must perform the practical test (d) Meet at least one of the following (6) Windshear and microburst under instrument flight rules, unless the requirements: awareness, identification, and practical test cannot be accomplished (1) Hold at least a commercial pilot avoidance; under instrument flight rules because certificate and an instrument rating; (7) Principles of air navigation under the aircraft’s type certificate makes the (2) Meet the military experience instrument meteorological conditions in aircraft incapable of operating under requirements under § 61.73 of this part the National Airspace System; instrument flight rules. If the practical to qualify for a commercial pilot (8) Air traffic control procedures and test cannot be accomplished for this certificate, and an instrument rating if pilot responsibilities as they relate to en reason, the person may obtain a type the person is a rated military pilot or route operations, terminal area and rating limited to ‘‘VFR only.’’ The ‘‘VFR former rated military pilot of an Armed radar operations, and instrument only’’ limitation may be removed for Force of the United States; or departure and approach procedures; that aircraft type when the person (3) Hold either a foreign airline (9) Aircraft loading, weight and passes the practical test under transport pilot or foreign commercial balance, use of charts, graphs, tables, instrument flight rules. pilot license and an instrument rating if formulas, and computations, and their (c) A person who is applying for an the person holds a pilot license issued effect on aircraft performance; aircraft type rating to be added to an by a contracting State to the Convention airline transport pilot certificate or an on International Civil Aviation. (10) Aerodynamics relating to an aircraft type rating concurrently with an (e) Meet the aeronautical experience aircraft’s flight characteristics and airline transport pilot certificate, and requirements of this subpart that apply performance in normal and abnormal who is an employee of a certificate to the aircraft category and class rating flight regimes; holder operating under part 121 or part sought before applying for the practical (11) Human factors; 135 of this chapter, need not comply test; (12) Aeronautical decision making with the requirements of paragraph (b) (f) Pass a knowledge test on the and judgment; and of this section if the applicant presents aeronautical knowledge areas of (13) Crew resource management to a training record that shows satisfactory § 61.155(c) of this part that apply to the include crew communication and completion of that certificate holder’s aircraft category and class rating sought; coordination. approved pilot in command training Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16339 program for the aircraft type rating (ix) Postflight procedures. by a military service as a pilot in sought. (f) Proficiency and competency checks command of an airplane of the same (d) Any type rating(s) on the pilot conducted under part 121 or part 135. class of airplane for which the type certificate of an applicant who (1) Successful completion of a rating is sought, if a turbopropeller successfully completes an airline proficiency check under § 121.441 of airplane type rating is sought; transport pilot practical test shall be this chapter or successful completion of (C) Have at least 2,000 hours of flight included on the airline transport pilot both a competency check, under time, of which 500 hours must be in certificate with the privileges and § 135.293 of this chapter, and a pilot-in- turbine-powered airplanes of the same limitations of the airline transport pilot command instrument proficiency check, class as the airplane for which the type certificate, provided the applicant under § 135.297 of this chapter, satisfies rating is sought; passes the practical test in the same the requirements of this section for the (D) Have at least 500 hours of flight category and class of aircraft for which appropriate aircraft rating. time in the same type of airplane as the the applicant holds the type rating(s). (2) Any check or combination of airplane for which the type rating is However, if a type rating for that checks used to satisfy the requirements sought; or category and class of aircraft on the of this section must include all (E) Have at least 1,000 hours of flight superseded pilot certificate is limited to maneuvers and procedures required for time in at least two different airplanes VFR, that limitation shall be carried the issuance of a type rating. Any check requiring a type rating. forward to the person’s airline transport must be evaluated by a designated (4) Subject to the limitation of pilot certificate level. examiner or FAA inspector. paragraph (g)(5) of this section, an (e) Areas of operation. (1) For an (g) Use of an approved flight applicant who does not meet the airplane category—single-engine class simulator or approved flight training requirements of paragraph (g)(3) of this rating: (i) Preflight preparation; device for an airplane rating. If an section may complete all training and (ii) Preflight procedures; approved flight simulator or approved testing (except for preflight inspection) (iii) Takeoff and departure phase; flight training device is used for for an additional rating if— (iv) In-flight maneuvers; accomplishing any of the training and (i) The flight simulator is approved as (v) Instrument procedures; the required practical test for an airline Level C or Level D; and (vi) Landings and approaches to transport pilot certificate with an (ii) The applicant meets the landings; airplane category, class, and type rating, aeronautical experience requirements of (vii) Normal and abnormal if applicable, the applicant, approved § 61.159 of this part and at least one of procedures; flight simulator, and approved flight the following— (viii) Emergency procedures; and training device are subject to the (A) Holds a type rating in a propeller- (ix) Postflight procedures. following requirements: driven airplane if a type rating in a (1) The approved flight simulator and (2) For an airplane category— turbojet airplane is sought, or holds a approved flight training device must multiengine class rating: (i) Preflight type rating in a turbojet airplane if a represent that airplane type if the rating preparation; type rating in a propeller-driven (ii) Preflight procedures; involves a type rating in an airplane, or airplane is sought; (iii) Takeoff and departure phase; is representative of an airplane if the (B) Since the beginning of the 12th (iv) In-flight maneuvers; applicant is only seeking an airplane calendar month before the month in (v) Instrument procedures; class rating and does not require a type which the applicant completes the (vi) Landings and approaches to rating. practical test for the additional rating, landings; (2) The approved flight simulator and has logged— (vii) Normal and abnormal approved flight training device must be procedures; used in accordance with an approved (1) At least 100 hours of flight time in (viii) Emergency procedures; and course at a training center certificated airplanes in the same class as the (ix) Postflight procedures. under part 142 of this chapter. airplane for which the type rating is (3) For a powered-lift category rating: (3) All training and testing (except sought and which requires a type rating; (i) Preflight preparation; preflight inspection) must be and (ii) Preflight procedures; accomplished by the applicant to (2) At least 25 hours of flight time in (iii) Takeoff and departure phase; receive an airplane class rating and type airplanes of the same type for which the (iv) In-flight maneuvers; rating, if applicable, without limitations type rating is sought. (v) Instrument procedures; and— (5) An applicant meeting only the (vi) Landings and approaches to (i) The flight simulator must be requirements of paragraph (g)(4)(ii)(A) landings; approved as Level C or Level D; and and (B) of this section will be issued an (vii) Normal and abnormal (ii) The applicant must meet the additional rating, or an airline transport procedures; aeronautical experience requirements of pilot certificate with an added rating, as (viii) Emergency procedures; and § 61.159 of this part and at least one of applicable, with a limitation. The (ix) Postflight procedures. the following— limitation shall state: ‘‘This certificate is (4) For a rotorcraft category— (A) Hold a type rating for a turbojet subject to pilot-in-command limitations helicopter class rating: (i) Preflight airplane of the same class of airplane for for the additional rating.’’ preparation; which the type rating is sought, or have (6) An applicant who has been issued (ii) Preflight procedures; been designated by a military service as a certificate with the limitation (iii) Takeoff and departure phase; a pilot in command of an airplane of the specified in paragraph (g)(5) of this (iv) In-flight maneuvers; same class of airplane for which the section— (v) Instrument procedures; type rating is sought, if a turbojet type (i) May not act as pilot in command (vi) Landings and approaches to rating is sought; of the aircraft for which an additional landings; (B) Hold a type rating for a rating was obtained under the (vii) Normal and abnormal turbopropeller airplane of the same provisions of this section until the procedures; class as the airplane for which the type limitation is removed from the (viii) Emergency procedures; and rating is sought, or have been appointed certificate; and 16340 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(ii) May have the limitation removed helicopter class rating and type rating, (5) An applicant meeting only the by accomplishing 15 hours of if applicable, the applicant, approved requirements of paragraph (h)(4)(ii) (A) supervised operating experience as pilot flight simulator, and approved flight and (B) of this section will be issued an in command under the supervision of a training device are subject to the additional rating or an airline transport qualified and current pilot in command, following requirements: pilot certificate with a limitation. The in the seat normally occupied by the (1) The approved flight simulator and limitation shall state: ‘‘This certificate is pilot in command, in an airplane of the approved flight training device must subject to pilot-in-command limitations same type for which the limitation represent that helicopter type if the for the additional rating.’’ applies. rating involves a type rating in a (6) An applicant who has been issued (7) An applicant who does not meet helicopter, or is representative of a a certificate with the limitation the requirements of paragraph helicopter if the applicant is only specified in paragraph (h)(5) of this (g)(3)(ii)(A) through (E) or (g)(4)(ii)(A) seeking a helicopter class rating and section— and (B) of this section may be issued an does not require a type rating. (i) May not act as pilot in command airline transport pilot certificate or an (2) The approved flight simulator and of the helicopter for which an additional additional rating to that pilot certificate approved flight training device must be rating was obtained under the after successful completion of one of the used in accordance with an approved provisions of this section until the following requirements— course at a training center certificated limitation is removed from the (i) An approved course at a part 142 under part 142 of this chapter. certificate; and training center that includes all training (3) All training and testing (ii) May have the limitation removed and testing for that certificate or rating, requirements (except preflight by accomplishing 15 hours of followed by training and testing on the inspection) must be accomplished by supervised operating experience as pilot following tasks, which must be the applicant to receive a helicopter in command under the supervision of a successfully completed on a static class rating and type rating, if qualified and current pilot in command, airplane or in flight, as appropriate— applicable, without limitations and— in the seat normally occupied by the (A) Preflight inspection; (i) The flight simulator must be pilot in command, in a helicopter of the (B) Normal takeoff; approved as a Level C or Level D; and same type for which the limitation (C) Normal ILS approach; (ii) The applicant must meet the applies. (D) Missed approach; and aeronautical experience requirements of (7) An applicant who does not meet (E) Normal landing. the requirements of paragraph (h)(3)(ii) (ii) An approved course at a part 142 § 61.161 of this part and at least one of the following— (A) through (D), or (h)(4)(ii) (A) and (B) training center that complies with of this section may be issued an airline paragraphs (g)(8) and (g)(9) of this (A) Hold a type rating for a turbine- powered helicopter, or have been transport pilot certificate or an section and includes all training and additional rating to that pilot certificate testing for a certificate or rating. designated by a military service as a pilot in command of a turbine-powered after successful completion of one of the (8) An applicant meeting only the following requirements— requirements of paragraph (g)(7) of this helicopter, if a turbine-powered helicopter type rating is sought; (i) An approved course at a part 142 section will be issued an additional training center that includes all training (B) Have at least 1,200 hours of flight rating or an airline transport pilot and testing for that certificate or rating, time, of which 500 hours must be in certificate with an additional rating, as followed by training and testing on the turbine-powered helicopters; applicable, with a limitation. The following tasks, which must be (C) Have at least 500 hours of flight limitation shall state: ‘‘This certificate is successfully completed on a static time in the same type helicopter as the subject to pilot-in-command limitations aircraft or in flight, as appropriate— helicopter for which the type rating is for the additional rating.’’ (A) Preflight inspection; (9) An applicant issued a pilot sought; or (B) Normal takeoff from a hover; certificate with the limitation specified (D) Have at least 1,000 hours of flight (C) Manually flown precision in paragraph (g)(8) of this section— time in at least two different helicopters approach; and (i) May not act as pilot in command requiring a type rating. (D) Steep approach and landing to an of the aircraft for which an additional (4) Subject to the limitation of off-airport heliport; or rating was obtained under the paragraph (h)(5) of this section, an (ii) An approved course at a training provisions of this section until the applicant who does not meet the center that includes all training and limitation is removed from the requirements of paragraph (h)(3) of this testing for that certificate or rating and certificate; and section may complete all training and compliance with paragraphs (h)(8) and (ii) May have the limitation removed testing (except for preflight inspection) (h)(9) of this section. by accomplishing 25 hours of for an additional rating if— (8) An applicant meeting only the supervised operating experience as pilot (i) The flight simulator is approved as requirements of paragraph (h)(7) of this in command under the supervision of a Level C or Level D; and section will be issued an additional qualified and current pilot in command, (ii) The applicant meets the rating or an airline transport pilot in the seat normally occupied by the aeronautical experience requirements of certificate with an additional rating, as pilot in command, in an airplane of the § 61.161 of this part and, since the applicable, with a limitation. The same type for which the limitation beginning of the 12th calendar month limitation shall state: ‘‘This certificate is applies. before the month in which the applicant subject to pilot-in-command limitations (h) Use of an approved flight completes the practical test for the for the additional rating.’’ simulator or an approved flight training additional rating, has logged— (9) An applicant issued a certificate device for a helicopter rating. If an (A) At least 100 hours of flight time with the limitation specified in approved flight simulator or approved in helicopters; and paragraph (h)(8) of this section— flight training device is used for (B) At least 15 hours of flight time in (i) May not act as pilot in command accomplishing any of the training and helicopters of the same type of of the aircraft for which an additional the required practical test for an airline helicopter for which the type rating is rating was obtained under the transport pilot certificate with a sought. provisions of this section until the Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16341 limitation is removed from the testing (except for preflight inspection) (8) An applicant meeting only the certificate; and for an additional rating if— requirements of paragraph (i)(7) of this (ii) May have the limitation removed (i) The flight simulator is approved as section will be issued an additional by accomplishing 25 hours of Level C or Level D; and rating or an airline transport pilot supervised operating experience as pilot (ii) The applicant meets the certificate with an additional rating, as in command under the supervision of a aeronautical experience requirements of applicable, with a limitation. The qualified and current pilot in command, § 61.163 of this part and, since the limitation shall state: ‘‘This certificate is in the seat normally occupied by the beginning of the 12th calendar month subject to pilot-in-command limitations pilot in command, in an aircraft of the before the month in which the applicant for the additional rating.’’ same type for which the limitation completes the practical test for the (9) An applicant issued a pilot applies. additional rating, has logged— certificate with the limitation specified (i) Use of an approved flight simulator (A) At least 100 hours of flight time in paragraph (i)(8) of this section— or approved flight training device for a in powered-lifts; and (i) May not act as pilot in command powered-lift rating. If an approved flight (B) At least 15 hours of flight time in of the aircraft for which an additional simulator or approved flight training powered-lifts of the same type of rating was obtained under the device is used for accomplishing any of powered-lift for the type rating sought. provisions of this section until the the training and the required practical (5) An applicant meeting only the limitation is removed from the test for an airline transport pilot requirements of paragraph (i)(4)(ii) (A) certificate; and certificate with a powered-lift category and (B) of this section will be issued an (ii) May have the limitation removed rating and type rating, if applicable, the additional rating or an airline transport by accomplishing 25 hours of supervised operating experience as pilot applicant, approved flight simulator, pilot certificate with a limitation. The in command under the supervision of a and approved flight training device are limitation shall state: ‘‘This certificate is qualified and current pilot in command, subject to the following requirements: subject to pilot-in-command limitations in the seat normally occupied by the (1) The approved flight simulator and for the additional rating.’’ pilot in command, in a powered-lift of approved flight training device must (6) An applicant who has been issued the same type for which the limitation represent that powered-lift type, if the a certificate with the limitation specified in paragraph (i)(5) of this applies. rating involves a type rating in a (j) Waiver authority. Unless the powered-lift, or is representative of a section— (i) May not act as pilot in command Administrator requires certain or all powered-lift if the applicant is only of the powered-lift for which an tasks to be performed, the examiner who seeking a powered-lift category rating additional rating was obtained under conducts the practical test for an airline and does not require a type rating. the provisions of this section until the transport pilot certificate may waive any (2) The approved flight simulator and limitation is removed from the of the tasks for which the Administrator approved flight training device must be certificate; and approves waiver authority. used in accordance with an approved (ii) May have the limitation removed course at a training center certificated § 61.158 [Reserved] by accomplishing 15 hours of under part 142 of this chapter. supervised operating experience as pilot § 61.159 Aeronautical experience: Airplane (3) All training and testing in command under the supervision of a category rating. requirements (except preflight qualified and current pilot in command, (a) Except as provided in paragraphs inspection) must be accomplished by in the seat normally occupied by the the applicant to receive a powered-lift (b), (c), and (d) of this section, a person pilot in command, in a powered-lift of who is applying for an airline transport category rating and type rating, if the same type for which the limitation applicable, without limitations; and— pilot certificate with an airplane applies. category and class rating must have at (i) The flight simulator must be (7) An applicant who does not meet approved as Level C or Level D; and least 1,500 hours of total time as a pilot the requirements of paragraph (i)(3)(ii) that includes at least: (ii) The applicant must meet the (A) through (D) or (i)(4)(ii) (A) and (B) (1) 500 hours of cross-country flight aeronautical experience requirements of of this section may be issued an airline time. § 61.163 of this part and at least one of transport pilot certificate or an (2) 100 hours of night flight time. the following— additional rating to that pilot certificate (3) 75 hours of instrument flight time, (A) Hold a type rating for a turbine- after successful completion of one of the in actual or simulated instrument powered powered-lift, or have been following requirements— conditions, subject to the following: designated by a military service as a (i) An approved course at a part 142 (i) Except as provided in paragraph pilot in command of a turbine-powered training center that includes all training (a)(3)(ii) of this section, an applicant powered-lift, if a turbine-powered and testing for that certificate or rating, may not receive credit for more than a powered-lift type rating is sought; followed by training and testing on the total of 25 hours of simulated (B) Have at least 1,200 hours of flight following tasks, which must be instrument time in an approved flight time, of which 500 hours must be in successfully completed on a static simulator or approved flight training turbine-powered powered-lifts; aircraft or in flight, as appropriate— device. (C) Have at least 500 hours of flight (A) Preflight inspection; (ii) A maximum of 50 hours of time in the same type of powered-lift for (B) Normal takeoff from a hover; training in an approved flight simulator which the type rating is sought; or (C) Manually flown precision or approved flight training device may (D) Have at least 1,000 hours of flight approach; and be credited toward the instrument flight time in at least two different powered- (D) Steep approach and landing to an time requirements of paragraph (a)(3) of lifts requiring a type rating. off-airport site; or this section if the training was (4) Subject to the limitation of (ii) An approved course at a training accomplished in a course conducted by paragraph (i)(5) of this section, an center that includes all training and a training center certificated under part applicant who does not meet the testing for that certificate or rating and 142 of this chapter. requirements of paragraph (i)(3) of this is in compliance with paragraphs (i)(8) (iii) Training in a flight simulator or section may complete all training and and (i)(9) of this section. flight training device must be 16342 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations accomplished in an approved flight time for a total credited time of no more paragraph (a)(4) of this section, subject simulator or approved flight training than 500 hours. to the following: device, representing an airplane. (d) An applicant may be issued an (1) Training in a flight simulator or a (4) 250 hours of flight time in an airline transport pilot certificate with flight training device must be airplane as a pilot in command, or as the endorsement, ‘‘Holder does not meet accomplished in an approved flight second in command performing the the pilot in command aeronautical simulator or approved flight training duties and functions of a pilot in experience requirements of ICAO,’’ as device that represents a rotorcraft. command while under the supervision prescribed by Article 39 of the (2) Except as provided in paragraph of a pilot in command or any Convention on International Civil (b)(3) of this section, an applicant may combination thereof, which includes at Aviation, if the applicant: receive credit for not more than a total least— (1) Credits second in command or of 25 hours of simulated instrument (i) 100 hours of cross-country flight flight-engineer time under paragraph (c) time in an approved flight simulator and time; and of this section toward the 1,500 hours approved flight training device. (ii) 25 hours of night flight time. total flight time requirement of (3) A maximum of 50 hours of (5) Not more than 100 hours of the paragraph (a) of this section; training in an approved flight simulator total aeronautical experience (2) Does not have at least 1,200 hours or approved flight training device may requirements of paragraph (a) of this of flight time as a pilot, including no be credited toward the instrument flight section may be obtained in an approved more than 50 percent of his or her time requirements of paragraph (a)(4) of flight simulator or approved flight second in command time and none of this section if the aeronautical training device that represents an his or her flight-engineer time; and experience is accomplished in an airplane, provided the aeronautical (3) Otherwise meets the requirements approved course conducted by a experience was obtained in an approved of paragraph (a) of this section. training center certificated under part course conducted by a training center (e) When the applicant specified in 142 of this chapter. certificated under part 142 of this paragraph (d) of this section presents § 61.163 Aeronautical experience: chapter. satisfactory evidence of the Powered-lift category rating. (b) A person who has performed at accumulation of 1,200 hours of flight (a) A person who is applying for an least 20 night takeoffs and landings to time as a pilot including no more than airline transport pilot certificate with a a full stop may substitute each 50 percent of his or her second-in- powered-lift category rating must have additional night takeoff and landing to command flight time and none of his or at least 1,500 hours of total time as a a full stop for 1 hour of night flight time her flight-engineer time, the applicant is pilot that includes at least: to satisfy the requirements of paragraph entitled to an airline transport pilot (1) 500 hours of cross-country flight (a)(2) of this section; however, not more certificate without the endorsement time; than 25 hours of night flight time may prescribed in that paragraph. (2) 100 hours of night flight time; be credited in this manner. (3) 250 hours in a powered-lift as a § 61.161 Aeronautical experience: (c) A commercial pilot may credit the pilot in command, or as a second in following second-in-command flight Rotorcraft category and helicopter class rating. command performing the duties and time or flight-engineer flight time functions of a pilot in command under (a) A person who is applying for an toward the 1,500 hours of total time as the supervision of a pilot in command, airline transport pilot certificate with a a pilot required by paragraph (a) of this or any combination thereof, which section: rotorcraft category and helicopter class includes at least: (1) second in command time, rating, must have at least 1,200 hours of (i) 100 hours of cross-country flight provided the time is acquired in an total time as a pilot that includes at time; and airplane— least: (ii) 25 hours of night flight time. (i) Required to have more than one (1) 500 hours of cross-country flight (4) 75 hours of instrument flight time pilot by the airplane’s flight manual, time; in actual or simulated instrument type certificate, or the regulations under (2) 100 hours of night flight time, of conditions, subject to the following: which the flight is being conducted; which 15 hours are in helicopters; (i) Except as provided in paragraph (ii) Engaged in operations under part (3) 200 hours of flight time in (a)(4)(ii) of this section, an applicant 121 or part 135 of this chapter for which helicopters, which includes at least 75 may not receive credit for more than a a second in command is required; or hours as a pilot in command, or as total of 25 hours of simulated (iii) That is required by the operating second in command performing the instrument time in an approved flight rules of this chapter to have more than duties and functions of a pilot in simulator or approved flight training one pilot. command under the supervision of a device. (2) Flight-engineer time, provided the pilot in command, or any combination (ii) A maximum of 50 hours of time— thereof; and training in an approved flight simulator (i) Is acquired in an airplane required (4) 75 hours of instrument flight time or approved flight training device may to have a flight engineer by the in actual or simulated instrument be credited toward the instrument flight airplane’s flight manual or type meteorological conditions, of which at time requirements of paragraph (a)(4) of certificate; least 50 hours are obtained in flight with this section if the training was (ii) Is acquired while engaged in at least 25 hours in helicopters as a pilot accomplished in a course conducted by operations under part 121 of this in command, or as second in command a training center certificated under part chapter for which a flight engineer is performing the duties and functions of 142 of this chapter. required; a pilot in command under the (iii) Training in a flight simulator or (iii) Is acquired while the person is supervision of a pilot in command, or flight training device must be participating in a pilot training program any combination thereof. accomplished in an approved flight approved under part 121 of this chapter; (b) Training in an approved flight simulator or approved flight training and simulator or approved flight training device that represents a powered-lift. (iv) Does not exceed more than 1 hour device may be credited toward the (b) Not more than 100 hours of the for each 3 hours of flight engineer flight instrument flight time requirements of total aeronautical experience Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16343 requirements of paragraph (a) of this (5) Pass the practical test on the areas Category II or Category III operations, as section may be obtained in an approved of operation of § 61.157(e)(2) of this applicable. flight simulator or approved flight part. training device that represents a (d) Powered-lift category. A person § 61.161Ð69.171 [Reserved] powered-lift, provided the aeronautical applying for an airline transport pilot Subpart HÐFlight Instructors experience was obtained in an approved certificate with a powered-lift category course conducted by a training center rating who holds an airline transport § 61.181 Applicability. certificated under part 142 of this certificate with another aircraft category This subpart prescribes the chapter. rating must: requirements for the issuance of flight (1) Meet the eligibility requirements instructor certificates and ratings, the § 61.165 Additional aircraft category and of § 61.153 of this part; class ratings. conditions under which those (2) Pass a required knowledge test on certificates and ratings are necessary, (a) Rotorcraft category and helicopter the aeronautical knowledge areas of and the limitations on those certificates class rating. A person applying for an § 61.155(c) of this part; and ratings. airline transport certificate with a (3) Comply with the requirements in rotorcraft category and helicopter class § 61.157(b) of this part, if appropriate; § 61.183 Eligibility requirements. rating who holds an airline transport (4) Meet the applicable aeronautical To be eligible for a flight instructor pilot certificate with another aircraft experience requirements of § 61.163 of certificate or rating a person must: category rating must: this part; and (a) Be at least 18 years of age; (1) Meet the eligibility requirements (5) Pass the required practical test on (b) Be able to read, speak, write, and of § 61.153 of this part; the areas of operation of § 61.157(e)(3) of understand the English language. If the (2) Pass a knowledge test on the this part. applicant is unable to meet one of these aeronautical knowledge areas of requirements due to medical reasons, § 61.155(c) of this part; § 61.167 Privileges. then the Administrator may place such (3) Comply with the requirements in (a) A person who holds an airline operating limitations on that applicant’s § 61.157(b) of this part, if appropriate; transport pilot certificate is entitled to flight instructor certificate as are (4) Meet the applicable aeronautical the same privileges as those afforded a necessary; experience requirements of § 61.161 of person who holds a commercial pilot (c) Hold either a commercial pilot this part; and certificate with an instrument rating. certificate or airline transport pilot (5) Pass the practical test on the areas (b) An airline transport pilot may certificate with: of operation of § 61.157(e)(4) of this instruct— (1) An aircraft category and class part. (1) Other pilots in air transportation rating that is appropriate to the flight (b) Airplane category rating with a service in aircraft of the category, class, instructor rating sought; and single-engine class rating. A person and type, as applicable, for which the (2) An instrument rating, if the person applying for an airline transport airline transport pilot is rated and holds a commercial pilot certificate that certificate with an airplane category and endorse the logbook or other training is appropriate to the flight instructor single-engine class rating who holds an record of the person to whom training rating sought, if applying for— airline transport pilot certificate with has been given; (i) A flight instructor certificate with another aircraft category or class rating (2) In approved flight simulators, and an airplane category and single-engine must: approved flight training devices class rating; (1) Meet the eligibility requirements representing the aircraft referenced in (ii) A flight instructor certificate with of § 61.153 of this part; an airplane category and multiengine paragraph (b)(1) of this section, when (2) Pass a knowledge test on the class rating; instructing under the provisions of this aeronautical knowledge areas of (iii) A flight instructor certificate with § 61.155(c) of this part; section and endorse the logbook or other a powered-lift rating; or (3) Comply with the requirements in training record of the person to whom (iv) A flight instructor certificate with § 61.157(b) of this part, if appropriate; training has been given; an instrument rating. (4) Meet the applicable aeronautical (3) Only as provided in this section, (d) Receive a logbook endorsement experience requirements of § 61.159 of unless the airline transport pilot also from an authorized instructor on the this part; and holds a flight instructor certificate, in fundamentals of instructing listed in (5) Pass the practical test on the areas which case the holder may exercise the § 61.185 of this part appropriate to the of operation of § 61.157(e)(1) of this instructor privileges of subpart H of part required knowledge test; part. 61 for which he or she is rated; and (e) Pass a knowledge test on the areas (c) Airplane category rating with a (4) In an aircraft, only if the aircraft listed in § 61.185(a) of this part, unless multiengine class rating. A person has functioning dual controls, when the applicant: applying for an airline transport instructing under the provisions of this (1) Holds a flight instructor certificate certificate with an airplane category and section. or ground instructor certificate issued multiengine class rating who holds an (c) Excluding briefings and under this part; airline transport certificate with another debriefings, an airline transport pilot (2) Holds a current teacher’s aircraft category or class rating must: may not instruct in aircraft, approved certificate issued by a State, county, (1) Meet the eligibility requirements flight simulators, and approved flight city, or municipality that authorizes the of § 61.153 of this part; training devices under this section— person to teach at an educational level (2) Pass a knowledge test on the (1) For more than 8 hours in any 24- of the 7th grade or higher; or aeronautical knowledge areas of consecutive-hour period; or (3) Is employed as a teacher at an § 61.155(c) of this part; (2) For more than 36 hours in any 7- accredited college or university. (3) Comply with the requirements in consecutive-day period. (f) Pass a knowledge test on the § 61.157(b) of this part, if appropriate; (d) An airline transport pilot may not aeronautical knowledge areas listed in (4) Meet the applicable aeronautical instruct in Category II or Category III § 61.185(a)(2) and (a)(3) of this part that experience requirements of § 61.159 of operations unless he or she has been are appropriate to the flight instructor this part; and trained and successfully tested under rating sought; 16344 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(g) Receive a logbook endorsement and log ground training from an (ii) Technical subject areas; from an authorized instructor on the authorized instructor on: (iii) Preflight preparation; areas of operation listed in § 61.187(b) of (1) Except as provided in paragraph (iv) Preflight lesson on a maneuver to this part, appropriate to the flight (b) of this section, the fundamentals of be performed in flight; instructor rating sought; instructing, including: (v) Preflight procedures; (h) Pass the required practical test that (i) The learning process; (vi) Airport and seaplane base is appropriate to the flight instructor (ii) Elements of effective teaching; operations; rating sought in an: (iii) Student evaluation and testing; (vii) Takeoffs, landings, and go- (1) Aircraft that is representative of (iv) Course development; arounds; the category and class of aircraft for the (v) Lesson planning; and (viii) Fundamentals of flight; aircraft rating sought; or (vi) Classroom training techniques. (ix) Performance maneuvers; (2) Approved flight simulator or (2) The aeronautical knowledge areas (x) Ground reference maneuvers; approved flight training device that is for a recreational, private, and (xi) Slow flight and stalls; representative of the category and class commercial pilot certificate applicable (xii) Basic instrument maneuvers; of aircraft for the rating sought, and to the aircraft category for which flight (xiii) Emergency operations; used in accordance with an approved instructor privileges are sought; and (xiv) Multiengine operations; and course at a training center certificated (3) The aeronautical knowledge areas (xv) Postflight procedures. under part 142 of this chapter. for the instrument rating applicable to (3) For a rotorcraft category rating (i) Accomplish the following for a the category for which instrument flight with a helicopter class rating: (i) flight instructor certificate with an instructor privileges are sought. Fundamentals of instructing; airplane or a glider rating: (b) The following applicants do not (ii) Technical subject areas; (1) Receive a logbook endorsement need to comply with paragraph (a) of (iii) Preflight preparation; from an authorized instructor indicating this section: (iv) Preflight lesson on a maneuver to that the applicant is competent and (1) The holder of a flight instructor be performed in flight; possesses instructional proficiency in certificate or ground instructor (v) Preflight procedures; stall awareness, spin entry, spins, and certificate issued under this part; (vi) Airport and heliport operations; spin recovery procedures after (2) The holder of a current teacher’s (vii) Hovering maneuvers; providing the applicant with flight certificate issued by a State, county, (viii) Takeoffs, landings, and go- training in those training areas in an city, or municipality that authorizes the arounds; airplane or glider, as appropriate, that is person to teach at an educational level (ix) Fundamentals of flight; certificated for spins; and of the 7th grade or higher; or (x) Performance maneuvers; (2) Demonstrate instructional (3) A person employed as a teacher at (xi) Emergency operations; proficiency in stall awareness, spin an accredited college or university. (xii) Special operations; and entry, spins, and spin recovery (xiii) Postflight procedures. procedures. However, upon § 61.187 Flight proficiency. (4) For a rotorcraft category rating presentation of the endorsement (a) General. A person who is applying with a gyroplane class rating: (i) specified in paragraph (i)(1) of this for a flight instructor certificate must Fundamentals of instructing; section an examiner may accept that receive and log flight and ground (ii) Technical subject areas; endorsement as satisfactory evidence of training from an authorized instructor (iii) Preflight preparation; instructional proficiency in stall on the areas of operation listed in this (iv) Preflight lesson on a maneuver to awareness, spin entry, spins, and spin section that apply to the flight instructor be performed in flight; recovery procedures for the practical rating sought. The applicant’s logbook (v) Preflight procedures; test, provided that the practical test is must contain an endorsement from an (vi) Airport operations; not a retest as a result of the applicant authorized instructor certifying that the (vii) Takeoffs, landings, and go- failing the previous test for deficiencies person is proficient to pass a practical arounds; in the knowledge or skill of stall test on those areas of operation. (viii) Fundamentals of flight; awareness, spin entry, spins, or spin (b) Areas of operation. (1) For an (ix) Performance maneuvers; recovery instructional procedures. If the airplane category rating with a single- (x) Flight at slow airspeeds; retest is a result of deficiencies in the engine class rating: (i) Fundamentals of (xi) Ground reference maneuvers; ability of an applicant to demonstrate instructing; (xii) Emergency operations; and knowledge or skill of stall awareness, (ii) Technical subject areas; (xiii) Postflight procedures. spin entry, spins, or spin recovery (iii) Preflight preparation; (5) For a powered-lift category rating: instructional procedures, the examiner (iv) Preflight lesson on a maneuver to (i) Fundamentals of instructing; must test the person on stall awareness, be performed in flight; (ii) Technical subject areas; spin entry, spins, and spin recovery (v) Preflight procedures; (iii) Preflight preparation; instructional procedures in an airplane (vi) Airport and seaplane base (iv) Preflight lesson on a maneuver to or glider, as appropriate, that is operations; be performed in flight; certificated for spins; (vii) Takeoffs, landings, and go- (v) Preflight procedures; (j) Log at least 15 hours as pilot in arounds; (vi) Airport and heliport operations; command in the category and class of (viii) Fundamentals of flight; (vii) Hovering maneuvers; aircraft that is appropriate to the flight (ix) Performance maneuvers; (viii) Takeoffs, landings, and go- instructor rating sought; and (x) Ground reference maneuvers; arounds; (k) Comply with the appropriate (xi) Slow flight, stalls, and spins; (ix) Fundamentals of flight; sections of this part that apply to the (xii) Basic instrument maneuvers; (x) Performance maneuvers; flight instructor rating sought. (xiii) Emergency operations; and (xi) Ground reference maneuvers; (xiv) Postflight procedures. (xii) Slow flight and stalls; § 61.185 Aeronautical knowledge. (2) For an airplane category rating (xiii) Basic instrument maneuvers; (a) A person who is applying for a with a multiengine class rating: (i) (xiv) Emergency operations; flight instructor certificate must receive Fundamentals of instructing; (xv) Special operations; and Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16345

(xvi) Postflight procedures. § 61.191 Additional flight instructor (ii) Determined that the student is (6) For a glider category rating: (i) ratings. prepared to conduct the flight safely Fundamentals of instructing; (a) A person who applies for an under known circumstances, subject to (ii) Technical subject areas; additional flight instructor rating on a any limitations listed in the student’s (iii) Preflight preparation; flight instructor certificate must meet logbook that the instructor considers (iv) Preflight lesson on a maneuver to the eligibility requirements listed in necessary for the safety of the flight. be performed in flight; § 61.183 of this part that apply to the (2) Student pilot’s certificate and (v) Preflight procedures; flight instructor rating sought. logbook for a solo cross-country flight, (vi) Airport and gliderport operations; (b) A person who applies for an unless that flight instructor has additional rating on a flight instructor (vii) Launches, landings, and go- determined the student’s flight certificate is not required to pass the arounds; preparation, planning, equipment, and knowledge test on the areas listed in proposed procedures are adequate for (viii) Fundamentals of flight; § 61.185(a) of this part. the proposed flight under the existing (ix) Performance speeds; conditions and within any limitations § 61.193 Flight instructor privileges. (x) Soaring techniques; listed in the logbook that the instructor (xi) Performance maneuvers; A person who holds a flight instructor considers necessary for the safety of the (xii) Slow flight, stalls, and spins; certificate is authorized within the flight; (xiii) Emergency operations; and limitations of that person’s flight (3) Student pilot’s certificate and (xiv) Postflight procedures. instructor certificate and ratings, and logbook for solo flight in a Class B (7) For an instrument rating with the that person’s pilot certificate and airspace area or at an airport within appropriate aircraft category and class ratings, to give training and Class B airspace unless that flight rating: (i) Fundamentals of instructing; endorsements that are required for, and instructor has— (ii) Technical subject areas; relate to: (i) Given that student ground and (iii) Preflight preparation; (a) A student pilot certificate; flight training in that Class B airspace or (iv) Preflight lesson on a maneuver to (b) A pilot certificate; at that airport; and be performed in flight; (c) A flight instructor certificate; (ii) Determined that the student is (d) A ground instructor certificate; (v) Air traffic control clearances and proficient to operate the aircraft safely. (e) An aircraft rating; (4) Logbook of a recreational pilot, procedures; (f) An instrument rating; unless that flight instructor has— (vi) Flight by reference to instruments; (g) A flight review, operating (i) Given that pilot the ground and (vii) Navigation aids; privilege, or recency of experience (viii) Instrument approach flight training required by this part; and requirement of this part; (ii) Determined that the recreational procedures; (h) A practical test; and pilot is proficient to operate the aircraft (ix) Emergency operations; and (i) A knowledge test. safely. (x) Postflight procedures. § 61.195 Flight instructor limitations and (5) Logbook of a pilot for a flight (c) The flight training required by this qualifications. review, unless that instructor has section may be accomplished: A person who holds a flight instructor conducted a review of that pilot in (1) In an aircraft that is representative certificate is subject to the following accordance with the requirements of of the category and class of aircraft for limitations: § 61.56(a) of this part; or the rating sought; or (a) Hours of training. In any 24- (6) Logbook of a pilot for an (2) In an approved flight simulator or consecutive-hour period, a flight instrument proficiency check, unless approved flight training device instructor may not conduct more than 8 that instructor has tested that pilot in representative of the category and class hours of flight training. accordance with the requirements of of aircraft for the rating sought, and (b) Aircraft ratings. A flight instructor § 61.57(d) of this part. used in accordance with an approved may not conduct flight training in any (e) Training in an aircraft that course at a training center certificated aircraft for which the flight instructor requires a type rating. A flight instructor under part 142 of this chapter. does not hold: may not give flight training in an aircraft § 61.189 Flight instructor records. (1) A pilot certificate and flight that requires the pilot in command to instructor certificate with the applicable hold a type rating unless the flight (a) A flight instructor must sign the category and class rating; and instructor holds a type rating for that logbook of each person to whom that (2) If appropriate, a type rating. aircraft on his or her pilot certificate. instructor has given flight training or (c) Instrument Rating. A flight (f) Training received in a multiengine ground training. instructor who provides instrument airplane, a helicopter, or a powered-lift. (b) A flight instructor must maintain flight training for the issuance of an A flight instructor may not give training a record in a logbook or a separate instrument rating or a type rating not required for the issuance of a certificate document that contains the following: limited to VFR must hold an instrument or rating in a multiengine airplane, a (1) The name of each person whose rating on his or her flight instructor helicopter, or a powered-lift unless that logbook or student pilot certificate that certificate and pilot certificate that is flight instructor has at least 5 flight instructor has endorsed for solo flight appropriate to the category and class of hours of pilot-in-command time in the privileges, and the date of the aircraft in which instrument training is specific make and model of multiengine endorsement; and being provided. airplane, helicopter, or powered-lift, as (2) The name of each person that (d) Limitations on endorsements. A appropriate. instructor has endorsed for a knowledge flight instructor may not endorse a: (g) Position in aircraft and required test or practical test, and the record (1) Student pilot’s certificate or pilot stations for providing flight shall also indicate the kind of test, the logbook for solo flight privileges, unless training. date, and the results. that flight instructor has— (1) A flight instructor must perform (c) Each flight instructor must retain (i) Given that student the flight all training from in an aircraft that the records required by this section for training required for solo flight complies with the requirements of at least 3 years. privileges required by this part; and § 91.109 of this chapter. 16346 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(2) A flight instructor who provides percent of those applicants passed that 90 days preceding the expiration month flight training for a pilot certificate or test on their first attempt; and of his or her flight instructor certificate: rating issued under this part must (A) Given at least 400 hours of flight (1) That person is considered to have provide that flight training in an aircraft training as a flight instructor for training accomplished the renewal requirement that meets the following requirements— in an airplane, a rotorcraft, or for a of this section in the month due; and (i) The aircraft must have at least two powered-lift rating; or (2) The current flight instructor pilot stations and be of the same (B) Given at least 100 hours of flight certificate will be renewed for an category, class, and type, if appropriate, training as a flight instructor, for additional 24 calendar months from its that applies to the pilot certificate or training in a glider rating. expiration date. rating sought. (i) Prohibition against self- (c) The practical test required by (ii) For single-place aircraft, the pre- endorsements. A flight instructor shall paragraph (a)(1) of this section may be solo flight training must have been not make any self-endorsement for a accomplished in an approved flight provided in an aircraft that has two pilot certificate, rating, flight review, simulator or approved flight training stations and is of the same category, authorization, operating privilege, device if the test is accomplished class, and type, if appropriate. practical test, or knowledge test that is pursuant to an approved course (h) Qualifications of the flight required by this part. conducted by a training center instructor for training first-time flight (j) A flight instructor may not give certificated under part 142 of this instructor applicants. (1) The ground training in Category II or Category III chapter. training provided to an initial applicant operations unless the flight instructor for a flight instructor certificate must be has been trained and tested in Category § 61.199 Expired flight instructor given by an authorized instructor who— II or Category III operations, pursuant to certificates and ratings. (i) Holds a current ground or flight § 61.67 or § 61.68 of this part, as (a) Flight instructor certificates. The instructor certificate with the applicable. holder of an expired flight instructor appropriate rating, has held that certificate may exchange that certificate certificate for at least 24 months, and § 61.197 Renewal of flight instructor certificates. for a new certificate by passing a has given at least 40 hours of ground practical test prescribed in § 61.183(h) training; or (a) A person who holds a flight of this part. instructor certificate that has not (ii) Holds a current ground or flight (b) Flight instructor ratings. (1) A expired may renew that certificate for an instructor certificate with the flight instructor rating or a limited flight additional 24 calendar months if the appropriate rating, and has given at least instructor rating on a pilot certificate is holder: 100 hours of ground training in an FAA- no longer valid and may not be (1) Passes a practical test for— approved course. exchanged for a similar rating or a flight (i) Renewal of the flight instructor (2) Except for an instructor who meets instructor certificate. the requirements of paragraph (h)(3)(ii) certificate; or (ii) An additional flight instructor (2) The holder of a flight instructor of this section, a flight instructor who rating or a limited flight instructor provides training to an initial applicant rating; or (2) Presents to an authorized FAA rating on a pilot certificate may be for a flight instructor certificate must— issued a flight instructor certificate with (i) Meet the eligibility requirements Flight Standards Inspector— (i) A record of training students that the current ratings, but only if the prescribed in § 61.183 of this part; person passes the required knowledge (ii) Hold the appropriate flight shows during the preceding 24 calendar and practical test prescribed in this instructor certificate and rating; months the flight instructor has subpart for the issuance of the current (iii) Have held a flight instructor endorsed at least five students for a flight instructor certificate and rating. certificate for at least 24 months; practical test for a certificate or rating, (iv) For training in preparation for an and at least 80 percent of those students § 61.201 [Reserved] airplane, rotorcraft, or powered-lift passed that test on the first attempt; rating, have given at least 200 hours of (ii) A record that shows that within Subpart IÐGround Instructors flight training as a flight instructor; and the preceding 24 calendar months, the (v) For training in preparation for a flight instructor has served as a § 61.211 Applicability. glider rating, have given at least 80 company check pilot, chief flight This subpart prescribes the hours of flight training as a flight instructor, company check airman, or requirements for the issuance of ground instructor. flight instructor in a part 121 or part 135 instructor certificates and ratings, the (3) A flight instructor who serves as operation, or in a position involving the conditions under which those a flight instructor in an FAA-approved regular evaluation of pilots, in which certificates and ratings are necessary, course for the issuance of a flight that authorized FAA Flight Standards and the limitations upon those instructor rating must hold a current Inspector is acquainted with the duties certificates and ratings. flight instructor certificate with the and responsibilities of the position, and § 61.213 Eligibility requirements. appropriate rating and pass the required has satisfactory knowledge of its current initial and recurrent flight instructor pilot training, certification, and (a) To be eligible for a ground proficiency tests, in accordance with the standards; or instructor certificate or rating a person requirements of the part under which (iii) A graduation certificate showing must: the FAA-approved course is conducted, the person has successfully completed (1) Be at least 18 years of age; and must— an approved flight instructor refresher (2) Be able to read, write, speak, and (i) Meet the requirements of paragraph course consisting of ground training or understand the English language. If the (h)(2) of this section; or flight training, or both, within the 90 applicant is unable to meet one of these (ii) Have trained and endorsed at least days preceding the expiration month of requirements due to medical reasons, five applicants for a practical test for a his or her flight instructor certificate. then the Administrator may place such pilot certificate, flight instructor (b) If a person accomplishes the operating limitations on that applicant’s certificate, ground instructor certificate, renewal requirements of paragraph ground instructor certificate as are or an additional rating, and at least 80 (a)(1) or (a)(2) of this section within the necessary; Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16347

(3) Except as provided in paragraph (2) Ground training required for an Subpart C—Training Course Outline and (b) of this section, pass a knowledge test instrument proficiency check; and Curriculum on the fundamentals of instructing to (3) A recommendation for a 141.51 Applicability. include— knowledge test required for the issuance 141.53 Approval procedures for a training (i) The learning process; of an instrument rating under this part. course: General. (ii) Elements of effective teaching; (d) A person who holds a ground 141.55 Training course: Contents. (iii) Student evaluation and testing; instructor certificate is authorized, 141.57 Special curricula. (iv) Course development; within the limitations of the ratings on Subpart D—Examining Authority (v) Lesson planning; and the ground instructor certificate, to 141.61 Applicability. (vi) Classroom training techniques. endorse the logbook or other training (4) Pass a knowledge test on the 141.63 Examining authority qualification record of a person to whom the holder requirements. aeronautical knowledge areas in— has provided the training or (i) For a basic ground instructor 141.65 Privileges. recommendation specified in 141.67 Limitations and reports. rating, §§ 61.97 and 61.105; paragraphs (a) through (c) of this (ii) For an advanced ground instructor section. Subpart E—Operating Rules rating, §§ 61.97, 61.105, 61.125, and 141.71 Applicability. 61.155; and § 61.217 Currency requirements. 141.73 Privileges. (iii) For an instrument ground The holder of a ground instructor 141.75 Aircraft requirements. instructor rating, § 61.65. certificate may not perform the duties of 141.77 Limitations. (b) The knowledge test specified in a ground instructor unless, within the 141.79 Flight training. paragraph (a)(3) of this section is not preceding 12 months: 141.81 Ground training. required if the applicant: (a) The person has served for at least 141.83 Quality of training. (1) Holds a ground instructor 3 months as a ground instructor; or 141.85 Chief instructor responsibilities. certificate or flight instructor certificate (b) The Administrator has determined 141.87 Change of chief instructor. issued under this part; that the person meets the standards 141.89 Maintenance of personnel, facilities, (2) Holds a current teacher’s prescribed in this part for the certificate and equipment. certificate issued by a State, county, and rating. 141.91 Satellite bases. city, or municipality that authorizes the 4. Part 141 is revised to read as 141.93 Enrollment. person to teach at an educational level 141.95 Graduation certificate. of the 7th grade or higher; or follows: Subpart F—Records (3) Is employed as a teacher at an PART 141ÐPILOT SCHOOLS accredited college or university. 141.101 Training records. Subpart A—General § 61.215 Ground instructor privileges. Appendix A to Part 141—Recreational Pilot Sec. Certification Course (a) A person who holds a basic ground 141.1 Applicability. instructor rating is authorized to 141.3 Certificate required. Appendix B to Part 141—Private Pilot provide: 141.5 Requirements for a pilot school Certification Course (1) Ground training in the certificate. Appendix C to Part 141—Instrument Rating aeronautical knowledge areas required 141.7 Provisional pilot school certificate. Course for the issuance of a recreational pilot 141.9 Examining authority. certificate, private pilot certificate, or 141.11 Pilot school ratings. Appendix D to Part 141—Commercial Pilot associated ratings under this part; 141.13 Application for issuance, Certification Course amendment, or renewal. (2) Ground training required for a Appendix E to Part 141—Airline Transport recreational pilot and private pilot flight 141.15 Location of facilities. 141.17 Duration of certificate and Pilot Certification Course review; and examining authority. (3) A recommendation for a Appendix F to Part 141—Flight Instructor 141.18 Carriage of narcotic drugs, Certification Course knowledge test required for the issuance marijuana, and depressant or stimulant of a recreational pilot certificate or drugs or substances. Appendix G to Part 141—Flight Instructor private pilot certificate under this part. 141.19 Display of certificate. Instrument (For an Airplane, Helicopter, or (b) A person who holds an advanced 141.21 Inspections. Powered-Lift Instrument Instructor Rating) ground instructor rating is authorized to 141.23 Advertising limitations. Certification Course provide: 141.25 Business office and operations base. 141.26 Training agreements. Appendix H to Part 141—Ground Instructor (1) Ground training in the Certification Course aeronautical knowledge areas required 141.27 Renewal of certificates and ratings. 141.29 [Reserved] for the issuance of any certificate or Appendix I to Part 141—Additional Aircraft rating under this part; Subpart B—Personnel, Aircraft, and Category or Class Rating Course Facilities Requirements (2) Ground training required for any Appendix J to Part 141—Aircraft Type flight review; and 141.31 Applicability. Rating Course, For Other Than an Airline (3) A recommendation for a 141.33 Personnel. Transport Pilot Certificate knowledge test required for the issuance 141.35 Chief instructor qualifications. of any certificate under this part. 141.36 Assistant chief instructor Appendix K to Part 141—Special (c) A person who holds an instrument qualifications. Preparation Courses ground instructor rating is authorized to 141.37 Check instructor qualifications. 141.38 Airports. Appendix L to Part 141—Pilot Ground provide: 141.39 Aircraft. School Course (1) Ground training in the 141.41 Flight simulators, flight training Authority: 49 U.S.C. 106(g), 40113, 44701– aeronautical knowledge areas required devices, and training aids. 44703, 44707, 44709, 44711, 45102–45103, for the issuance of an instrument rating 141.43 Pilot briefing areas. 45301–45302. under this part; 141.45 Ground training facilities. 16348 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Subpart AÐGeneral (1) A pilot school certificate, provided (1) On the last day of the 24th the applicant meets the requirements of calendar month from the month the § 141.1 Applicability. § 141.5 of this part; or certificate was issued; This part prescribes the requirements (2) A provisional pilot school (2) Except as provided in paragraph for issuing pilot school certificates, certificate, provided the applicant meets (b) of this section, on the date that any provisional pilot school certificates, and the requirements of § 141.7 of this part. change in ownership of the school associated ratings, and the general (b) An applicant may be authorized to occurs; operating rules applicable to a holder of conduct the following courses: (3) On the date of any change in the a certificate or rating issued under this (1) Certification and rating courses. facilities upon which the school’s part. (Appendixes A through J). certificate is based occurs; or (i) Recreational pilot course. (4) Upon notice by the Administrator § 141.3 Certificate required. (ii) Private pilot course. that the school has failed for more than No person may operate as a (iii) Commercial pilot course. 60 days to maintain the facilities, certificated pilot school without, or in (iv) Instrument rating course. aircraft, or personnel required for any violation of, a pilot school certificate or (v) Airline transport pilot course. one of the school’s approved training provisional pilot school certificate (vi) Flight instructor course. courses. issued under this part. (vii) Flight instructor instrument (b) A change in the ownership of a § 141.5 Requirements for a pilot school course. pilot school or provisional pilot school certificate. (viii) Ground instructor course. does not terminate that school’s (ix) Additional aircraft category or certificate if, within 30 days after the An applicant may be issued a pilot class rating course. date that any change in ownership of school certificate with associated ratings (x) Aircraft type rating course. the school occurs: if the applicant: (2) Special preparation courses. (1) Application is made for an (a) Completes the application for a (Appendix K). appropriate amendment to the pilot school certificate on a form and in (i) Pilot refresher course. certificate; and a manner prescribed by the (ii) Flight instructor refresher course. (2) No change in the facilities, Administrator; (iii) Ground instructor refresher personnel, or approved training courses (b) Holds a provisional pilot school course. is involved. certificate, issued under this part, for at (iv) Agricultural aircraft operations (c) An examining authority issued to least 24 calendar months preceding the course. the holder of a pilot school certificate month in which the application for a (v) Rotorcraft external-load operations expires on the date that the pilot school pilot school certificate is made; course. certificate expires, or is surrendered, (c) Meets the applicable requirements (vi) Special operations course. suspended, or revoked. of subparts A through C of this part for (vii) Test pilot course. the school ratings sought; and (3) Pilot ground school course. § 141.18 Carriage of narcotic drugs, marijuana, and depressant or stimulant (d) Has trained and recommended for (Appendix L). pilot certification and rating tests, drugs or substances. within 24 calendar months preceding § 141.13 Application for issuance, If the holder of a certificate issued the month the application is made for amendment, or renewal. under this part permits any aircraft the pilot school certificate, at least 10 (a) Application for an original owned or leased by that holder to be students for a knowledge or practical certificate and rating, an additional engaged in any operation that the test for a pilot certificate, flight rating, or the renewal of a certificate certificate holder knows to be in instructor certificate, ground instructor under this part must be made on a form violation of § 91.19(a) of this chapter, certificate, an additional rating, an end- and in a manner prescribed by the that operation is a basis for suspending of-course test for a training course Administrator. or revoking the certificate. specified in appendix K of this part, or (b) Application for the issuance or § 141.19 Display of certificate. any combination of those tests, and at amendment of a certificate or rating least 80 percent of all tests administered must be accompanied by two copies of (a) Each holder of a pilot school were passed on the first attempt. each proposed training course certificate or a provisional pilot school curriculum for which approval is certificate must display that certificate § 141.7 Provisional pilot school certificate. sought. in a place in the school that is normally An applicant that meets the accessible to the public and is not applicable requirements of subparts A, § 141.15 Location of facilities. obscured. B, and C of this part, but does not meet The holder of a pilot school certificate (b) A certificate must be made the recent training activity requirements or a provisional pilot school certificate available for inspection upon request of § 141.5(d) of this part, may be issued may have a base or other facilities by: a provisional pilot school certificate located outside the United States, (1) The Administrator; with ratings. provided the Administrator determines (2) An authorized representative of the location of the base and facilities at the National Transportation Safety § 141.9 Examining authority. that place are needed for the training of Board; or An applicant is issued examining students who are citizens of the United (3) A Federal, State, or local law authority for its pilot school certificate States. enforcement officer. if the applicant meets the requirements of subpart D of this part. § 141.17 Duration of certificate and § 141.21 Inspections. examining authority. Each holder of a certificate issued § 141.11 Pilot school ratings. (a) Unless surrendered, suspended, or under this part must allow the (a) The ratings listed in paragraph (b) revoked, a pilot school’s certificate or a Administrator to inspect its personnel, of this section may be issued to an provisional pilot school’s certificate facilities, equipment, and records to applicant for: expires: determine the certificate holder’s: Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16349

(a) Eligibility to hold its certificate; (2) The course of training and any (3) A former provisional pilot school (b) Compliance with 49 U.S.C. 40101 needed amendments have been may apply for another provisional pilot et seq., formerly the Federal Aviation approved for use at that base. school certificate, provided 180 days Act of 1958, as amended; and have elapsed since its last provisional § 141.26 Training agreements. (c) Compliance with the Federal pilot school certificate expired. Aviation Regulations. A training center certificated under part 142 of this chapter may provide the § 141.29 [Reserved] § 141.23 Advertising limitations. training, testing, and checking for pilot schools certificated under part 141 of Subpart BÐPersonnel, Aircraft, and (a) The holder of a pilot school Facilities Requirements certificate or a provisional pilot school this chapter, and is considered to meet certificate may not make any statement the requirements of part 141, § 141.31 Applicability. provided— relating to its certification and ratings (a) This subpart prescribes: that is false or designed to mislead any (a) There is a training agreement between the certificated training center (1) The personnel and aircraft person contemplating enrollment in that requirements for a pilot school school. and the pilot school; (b) The training, testing, and checking certificate or a provisional pilot school (b) The holder of a pilot school provided by the certificated training certificate; and certificate or a provisional pilot school center is approved and conducted under (2) The facilities that a pilot school or certificate may not advertise that the part 142; provisional pilot school must have school is certificated unless it clearly (c) The pilot school certificated under available on a continuous basis. differentiates between courses that have part 141 obtains the Administrator’s (b) As used in this subpart, to have been approved under part 141 of this approval for a training course outline continuous use of a facility, including chapter and those that have not been that includes the training, testing, and an airport, the school must have: approved under part 141 of this chapter. checking to be conducted under part (1) Ownership of the facility or airport (c) The holder of a pilot school 141 and the training, testing, and for at least 6 calendar months at the certificate or a provisional pilot school checking to be conducted under part time of application for initial certificate must promptly remove: 142; and certification and on the date of renewal (1) From vacated premises, all signs (d) Upon completion of the training, of the school’s certificate; or indicating that the school was testing, and checking conducted under (2) A written lease agreement for the certificated by the Administrator; or part 142, a copy of each student’s facility or airport for at least 6 calendar (2) All indications (including signs), training record is forwarded to the part months at the time of application for wherever located, that the school is 141 school and becomes part of the initial certification and on the date of certificated by the Administrator when student’s permanent training record. renewal of the school’s certificate. its certificate has expired or has been § 141.27 Renewal of certificates and § 141.33 Personnel. surrendered, suspended, or revoked. ratings. (a) An applicant for a pilot school § 141.25 Business office and operations (a) Pilot school. (1) A pilot school may certificate or for a provisional pilot base. apply for renewal of its school school certificate must meet the (a) Each holder of a pilot school or a certificate and ratings within 30 days following personnel requirements: preceding the month the pilot school’s provisional pilot school certificate must (1) Each applicant must have certificate expires, provided the school maintain a principal business office adequate personnel, including meets the requirements prescribed in with a mailing address in the name certificated flight instructors, paragraph (a)(2) of this section for shown on its certificate. certificated ground instructors, or (b) The facilities and equipment at the renewal of its certificate and ratings. (2) A pilot school may have its school holders of a commercial pilot certificate principal business office must be with a lighter-than-air rating, and a chief adequate to maintain the files and certificate and ratings renewed for an additional 24 calendar months if the instructor for each approved course of records required to operate the business training who is qualified and competent of the school. Administrator determines the school’s personnel, aircraft, facility and airport, to perform the duties to which that (c) The principal business office may approved training courses, training instructor is assigned. not be shared with, or used by, another records, and recent training ability and (2) If the school employs dispatchers, pilot school. quality meet the requirements of this aircraft handlers, and line and service (d) Before changing the location of the part. personnel, then it shall instruct those principal business office or the (3) A pilot school that does not meet persons in the procedures and operations base, each certificate holder the renewal requirements in paragraph responsibilities of their employment. must notify the FAA Flight Standards (a)(2) of this section, may apply for a (3) Each instructor to be used for District Office having jurisdiction over provisional pilot school certificate if the ground or flight training must hold a the area of the new location, and the school meets the requirements of § 141.7 flight instructor certificate, ground notice must be: of this part. instructor certificate, or commercial (1) Submitted in writing at least 30 (b) Provisional pilot school. (1) Except pilot certificate with a lighter-than-air days before the change of location; and as provided in paragraph (b)(3) of this rating, as appropriate, with ratings for (2) Accompanied by any amendments section, a provisional pilot school may the approved course of training and any needed for the certificate holder’s not have its provisional pilot school aircraft used in that course. approved training course outline. certificate or the ratings on that (b) An applicant for a pilot school (e) A certificate holder may conduct certificate renewed. certificate or for a provisional pilot training at an operations base other than (2) A provisional pilot school may school certificate shall designate a chief the one specified in its certificate, if: apply for a pilot school certificate and instructor for each of the school’s (1) The Administrator has inspected associated ratings provided that school approved training courses, who must and approved the base for use by the meets the requirements of § 141.5 of this meet the requirements of § 141.35 of this certificate holder; and part. part. 16350 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(c) When necessary, an applicant for paragraphs (b), (c), and (d) of this must contain the appropriate aircraft a pilot school certificate or for a section. category, class, and instrument ratings provisional pilot school certificate may (b) For a course of training leading to for the category and class of aircraft designate a person to be an assistant the issuance of a private pilot certificate used in the course; chief instructor for an approved training or rating, a chief instructor must have: (2) Meet the pilot in command recent course, provided that person meets the (1) At least 1,000 hours as pilot in flight experience requirements of requirements of § 141.36 of this part. command; and § 61.57 of this chapter; (d) A pilot school and a provisional (2) Primary flight training experience, (3) Pass a knowledge test on— pilot school may designate a person to acquired as either a certificated flight (i) Teaching methods; be a check instructor for conducting instructor or an instructor in a military (ii) Applicable provisions of the student stage checks, end-of-course pilot flight training program, or a ‘‘Aeronautical Information Manual’’; tests, and instructor proficiency checks, combination thereof, consisting of at (iii) Applicable provisions of parts 61, provided: least— 91, and 141 of this chapter; and (iv) The objectives and approved (1) That person meets the (i) 2 years and a total of 500 flight course completion standards of the requirements of § 141.37 of this part; hours; or course for which the person seeks to and (ii) 1,000 flight hours. obtain designation. (2) That school has a student (c) For a course of training leading to (4) Pass a proficiency test on the flight the issuance of an instrument rating or enrollment of at least 50 students at the procedures and maneuvers appropriate a rating with instrument privileges, a time designation is sought. to that course; and (e) A person, as listed in this section, chief instructor must have: (5) Meet the applicable requirements may serve in more than one position for (1) At least 100 hours of flight time in paragraphs (b), (c), and (d) of this a school, provided that person is under actual or simulated instrument section. However, an assistant chief qualified for each position. conditions; instructor for a course of training for (2) At least 1,000 hours as pilot in gliders, balloons, or airships is only § 141.35 Chief instructor qualifications. command; and required to have 40 percent of the hours (a) To be eligible for designation as a (3) Instrument flight instructor required in paragraphs (b) and (c) of this chief instructor for a course of training, experience, acquired as either a a person must meet the following section. certificated flight instructor-instrument (b) For a course of training leading to requirements: or an instructor in a military pilot flight (1) Hold a commercial pilot certificate the issuance of a private pilot certificate training program, or a combination or rating, an assistant chief instructor or an airline transport pilot certificate, thereof, consisting of at least— and, except for a chief instructor for a must have: (i) 2 years and a total of 250 flight (1) At least 500 hours as pilot in course of training solely for a lighter- hours; or command; and than-air rating, a current flight (ii) 400 flight hours. (2) Flight training experience, instructor certificate. The certificates (d) For a course of training other than acquired as either a certificated flight must contain the appropriate aircraft those leading to the issuance of a private instructor or an instructor in a military category, class, and instrument ratings pilot certificate or rating, or an pilot flight training program, or a for the category and class of aircraft instrument rating or a rating with combination thereof, consisting of at used in the course; instrument privileges, a chief instructor least— (2) Meet the pilot in command recent must have: (i) 1 year and a total of 250 flight flight experience requirements of (1) At least 2,000 hours as pilot in hours; or § 61.57 of this chapter; command; and (ii) 500 flight hours. (3) Pass a knowledge test on— (2) Flight training experience, (c) For a course of training leading to (i) Teaching methods; acquired as either a certificated flight the issuance of an instrument rating or (ii) Applicable provisions of the instructor or an instructor in a military a rating with instrument privileges, an ‘‘Aeronautical Information Manual’’; pilot flight training program, or a assistant chief flight instructor must (iii) Applicable provisions of parts 61, combination thereof, consisting of at have: 91, and 141 of this chapter; and least— (1) At least 50 hours of flight time (iv) The objectives and approved (i) 3 years and a total of 1,000 flight under actual or simulated instrument course completion standards of the hours; or conditions; course for which the person seeks to (ii) 1,500 flight hours. (2) At least 500 hours as pilot in obtain designation. (e) To be eligible for designation as command; and (4) Pass a proficiency test on chief instructor for a ground school (3) Instrument flight instructor instructional skills and ability to train course, a person must have 1 year of experience, acquired as either a students on the flight procedures and experience as a ground school instructor certificated flight instructor-instrument maneuvers appropriate to the course; at a certificated pilot school. or an instructor in a military pilot flight (5) Except for a course of training for training program, or a combination gliders, balloons, or airships, the chief § 141.36 Assistant chief instructor thereof, consisting of at least— instructor must meet the applicable qualifications. (i) 1 year and a total of 125 flight requirements in paragraphs (b), (c), and (a) To be eligible for designation as an hours; or (d) of this section; assistant chief instructor for a course of (ii) 200 flight hours. (6) A chief instructor for a course of training, a person must meet the (d) For a course of training other than training for gliders or balloons is only following requirements: one leading to the issuance of a private required to have 40 percent of the hours (1) Hold a commercial pilot or an pilot certificate or rating, or an required in paragraphs (b) and (d) of this airline transport pilot certificate and, instrument rating or a rating with section; and except for the assistant chief instructor instrument privileges, an assistant chief (7) A chief instructor for a course of for a course of training for a lighter- instructor must have: training for airships is only required to than-air rating, a current flight (1) At least 1,000 hours as pilot in have 40 percent of the hours required in instructor certificate. The certificates command; and Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16351

(2) Flight training experience, commercial pilot certificate with a § 141.39 Aircraft. acquired as either a certificated flight lighter-than-air category rating and the An applicant for a pilot school instructor or an instructor in a military appropriate class rating. certificate or provisional pilot school pilot flight training program, or a (b) A person who meets the eligibility certificate, and each pilot school or combination thereof, consisting of at requirements in paragraph (a) of this provisional pilot school, must show that least— section must: each aircraft used by that school for (i) 11⁄2 years and a total of 500 flight (1) Be designated, in writing, by the flight training and solo flights meets the hours; or chief instructor to conduct student stage following requirements: (ii) 750 flight hours. checks, end-of-course tests, and (a) Each aircraft must be registered as (e) To be eligible for designation as an instructor proficiency checks; and a civil aircraft in the United States; assistant chief instructor for a ground (2) Be approved by the FAA Flight (b) Each aircraft must be certificated school course, a person must have 6 Standards District Office having with a standard airworthiness certificate months of experience as a ground jurisdiction over the school. or a primary airworthiness certificate, school instructor at a certificated pilot (c) A check instructor may not unless the Administrator determines school. conduct a stage check or an end-of- that due to the nature of the approved course test of any student for whom the § 141.37 Check instructor qualifications. course, an aircraft not having a standard check instructor has: (a) To be designated as a check airworthiness certificate or primary (1) Served as the principal instructor; airworthiness certificate may be used; instructor for conducting student stage or checks, end-of-course tests, and (c) Each aircraft must be maintained (2) Recommended for a stage check or and inspected in accordance with the instructor proficiency checks under this end-of-course test. part, a person must meet the eligibility requirements under subpart E of part 91 requirements of this section: § 141.38 Airports. of this chapter that apply to aircraft (1) For checks and tests that relate to (a) An applicant for a pilot school operated for hire; either flight or ground training, the certificate or a provisional pilot school (d) Each aircraft used in flight training person must pass a test, given by the certificate must show that he or she has must have at least two pilot stations chief instructor, on— continuous use of each airport at which with engine-power controls that can be (i) Teaching methods; training flights originate. easily reached and operated in a normal (ii) Applicable provisions of the (b) Each airport used for airplanes and manner from both pilot stations; and ‘‘Aeronautical Information Manual’’; gliders must have at least one runway or (e) Each aircraft used in a course (iii) Applicable provisions of parts 61, takeoff area that allows training aircraft involving IFR en route operations and 91, and 141 of this chapter; and to make a normal takeoff or landing instrument approaches must be (iv) The objectives and course under the following conditions at the equipped and maintained for IFR completion standards of the approved aircraft’s maximum certificated takeoff operations. For training in the control training course for the designation gross weight: and precision maneuvering of an aircraft sought. (1) Under wind conditions of not by reference to instruments, the aircraft (2) For checks and tests that relate to more than 5 miles per hour; may be equipped as provided in the a flight training course, the person (2) At temperatures equal to the mean approved course of training. must— high temperature for the hottest month (i) Meet the requirements in § 141.41 Flight simulators, flight training of the year in the operating area; devices, and training aids. paragraph (a)(1) of this section; (3) If applicable, with the powerplant (ii) Hold a commercial pilot certificate operation, and landing gear and flap An applicant for a pilot school or an airline transport pilot certificate operation recommended by the certificate or a provisional pilot school and, except for a check instructor for a manufacturer; and certificate must show that its flight course of training for a lighter-than-air (4) In the case of a takeoff— simulators, flight training devices, rating, a current flight instructor (i) With smooth transition from liftoff training aids, and equipment meet the certificate. The certificates must contain to the best rate of climb speed without following requirements: the appropriate aircraft category, class, exceptional piloting skills or (a) Flight simulators. Each flight and instrument ratings for the category techniques; and simulator used to obtain flight training and class of aircraft used in the course; (ii) Clearing all obstacles in the takeoff credit allowed for flight simulators in an (iii) Meet the pilot in command recent flight path by at least 50 feet. approved pilot training course flight experience requirements of (c) Each airport must have a wind curriculum must— § 61.57 of this chapter; and direction indicator that is visible from (1) Be a full-size aircraft cockpit (iv) Pass a proficiency test, given by the end of each runway at ground level; replica of a specific type of aircraft, or the chief instructor or assistant chief (d) Each airport must have a traffic make, model, and series of aircraft; instructor, on the flight procedures and direction indicator when: (2) Include the hardware and software maneuvers of the approved training (1) The airport does not have an necessary to represent the aircraft in course for the designation sought. operating control tower; and ground operations and flight operations; (3) For checks and tests that relate to (2) UNICOM advisories are not (3) Use a force cueing system that ground training, the person must— available. provides cues at least equivalent to (i) Meet the requirements in (e) Except as provided in paragraph (f) those cues provided by a 3 degree paragraph (a)(1) of this section; of this section, each airport used for freedom of motion system; (ii) Except for a course of training for night training flights must have (4) Use a visual system that provides a lighter-than-air rating, hold a current permanent runway lights; and at least a 45 degree horizontal field of flight instructor certificate or ground (f) An airport or seaplane base used view and a 30 degree vertical field of instructor certificate with ratings for night training flights in seaplanes is view simultaneously for each pilot; and appropriate to the category and class of permitted to use adequate (5) Have been evaluated, qualified, aircraft used in the course; and nonpermanent lighting or shoreline and approved by the Administrator. (iii) For a course of training for a lighting, if approved by the (b) Flight training devices. Each flight lighter-than-air rating, hold a Administrator. training device used to obtain flight 16352 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations training credit allowed for flight training Subpart CÐTraining Course Outline (3) A description of each flight devices in an approved pilot training and Curriculum simulator or flight training device used course curriculum must— for training; (1) Be a full-size replica of § 141.51 Applicability. (4) A listing of the airports at which instruments, equipment panels, and This subpart prescribes the training flights originate and a controls of an aircraft, or set of aircraft, curriculum and course outline description of the facilities, including in an open flight deck area or in an requirements for the issuance of a pilot pilot briefing areas that are available for enclosed cockpit, including the school certificate or provisional pilot use by the school’s students and hardware and software for the systems school certificate and ratings. personnel at each of those airports; installed that is necessary to simulate (5) A description of the type of aircraft § 141.53 Approval procedures for a including any special equipment used the aircraft in ground and flight training course: General. operations; for each phase of training; (2) Need not have a force (motion) (a) General. An applicant for a pilot (6) The minimum qualifications and cueing or visual system; and school certificate or provisional pilot ratings for each instructor assigned to (3) Have been evaluated, qualified, school certificate must obtain the ground or flight training; and and approved by the Administrator. Administrator’s approval of the outline (7) A training syllabus that includes (c) Training aids and equipment. Each of each training course for which the following information— training aid, including any audiovisual certification and rating is sought. (i) The prerequisites for enrolling in aid, projector, tape recorder, mockup, (b) Application. (1) An application for the ground and flight portion of the chart, or aircraft component listed in the the approval of an initial or amended course that include the pilot certificate approved training course outline, must training course must be submitted in and rating (if required by this part), be accurate and appropriate to the duplicate to the FAA Flight Standards training, pilot experience, and pilot course for which it is used. District Office having jurisdiction over knowledge; the area where the school is based. (ii) A detailed description of each § 141.43 Pilot briefing areas. (2) An application for the approval of lesson, including the lesson’s objectives, (a) An applicant for a pilot school an initial or amended training course standards, and planned time for certificate or provisional pilot school must be submitted at least 30 days completion; certificate must show that the applicant before any training under that course, or (iii) A description of what the course has continuous use of a briefing area any amendment thereto, is scheduled to is expected to accomplish with regard to located at each airport at which training begin. student learning; flights originate that is: (3) An application for amending a (iv) The expected accomplishments (1) Adequate to shelter students training course must be accompanied by and the standards for each stage of waiting to engage in their training two copies of the amendment. training; and flights; (c) Training courses. (1) A training (v) A description of the checks and (2) Arranged and equipped for the course submitted for approval prior to tests to be used to measure a student’s conduct of pilot briefings; and August 4, 1997 shall, if approved, retain accomplishments for each stage of (3) Except as provided in paragraph that approval until 1 year after August training. (c) of this section, for a school with an 4, 1997. (d) A pilot school may request and instrument rating or commercial pilot (2) An applicant for a pilot school receive initial approval for a period of course, equipped with private landline certificate or provisional pilot school not more than 24 calendar months for or telephone communication to the certificate may request approval of the any of the training courses of this part nearest FAA Flight Service Station. training courses specified in § 141.11(b) without specifying the minimum (b) A briefing area required by of this part. ground and flight training time paragraph (a) of this section may not be requirements of this part, provided the § 141.55 Training course: Contents. used by the applicant if it is available following provisions are met: for use by any other pilot school during (a) Each training course for which (1) The school holds a pilot school the period it is required for use by the approval is requested must meet the certificate issued under this part and applicant. minimum curriculum requirements in has held that certificate for a period of (c) The communication equipment accordance with the appropriate at least 24 consecutive calendar months required by paragraph (a)(3) of this appendix of this part. preceding the month of the request; section is not required if the briefing (b) Except as provided in paragraphs (2) In addition to the information area and the flight service station are (d) and (e) of this section, each training required by paragraph (c) of this section, located on the same airport, and are course for which approval is requested the training course specifies planned readily accessible to each other. must meet the minimum ground and ground and flight training time flight training time requirements in requirements for the course; § 141.45 Ground training facilities. accordance with the appropriate (3) The school does not request the An applicant for a pilot school or appendix of this part. training course to be approved for provisional pilot school certificate must (c) Each training course for which examining authority, nor may that show that: approval is requested must contain: school hold examining authority for that (a) Each room, training booth, or other (1) A description of each room used course; and space used for instructional purposes is for ground training, including the (4) The practical test or knowledge heated, lighted, and ventilated to room’s size and the maximum number test for the course is to be given by— conform to local building, sanitation, of students that may be trained in the (i) An FAA inspector; or and health codes; and room at one time; (ii) An examiner who is not an (b) The training facility is so located (2) A description of each type of employee of the school. that the students in that facility are not audiovisual aid, projector, tape recorder, (e) A certificated pilot school may distracted by the training conducted in mockup, chart, aircraft component, and request and receive final approval for other rooms, or by flight and other special training aids used for any of the training courses of this part maintenance operations on the airport. ground training; without specifying the minimum Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16353 ground and flight training time (3) The school must have held the recommendation for the issuance of that requirements of this part, provided the rating in which examining authority is certificate or rating is in accordance following conditions are met: sought for at least 24 consecutive with the following requirements: (1) The school has held initial calendar months preceding the month of (a) The person graduated from a approval for that training course for at application for examining authority; training course for which the pilot least 24 calendar months. (4) The training course for which school holds examining authority. (2) The school has— examining authority is requested may (b) Except as provided in this (i) Trained at least 10 students in that not be a course that is approved without paragraph, the person satisfactorily training course within the preceding 24 meeting the minimum ground and flight completed all the curriculum calendar months and recommended training time requirements of this part; requirements of that pilot school’s those students for a pilot, flight and approved training course. A person who instructor, or ground instructor (5) Within 24 calendar months after transfers from one part 141 approved certificate or rating; and the date of application for examining pilot school to another part 141 (ii) At least 80 percent of those authority, that school must meet the approved pilot school may receive students passed the practical or following requirements— credit for that previous training, knowledge test, or any combination (i) The school must have trained at provided the following requirements are thereof, on the first attempt, and that least 10 students in the training course met: test was given by— for which examining authority is sought (1) The maximum credited training (A) An FAA inspector; or and recommended those students for a time does not exceed one-half of the (B) An examiner who is not an pilot, flight instructor, or ground receiving school’s curriculum employee of the school. instructor certificate or rating; and requirements; (3) In addition to the information (ii) At least 90 percent of those (2) The person completes a knowledge required by paragraph (c) of this section, students passed the required practical or and proficiency test conducted by the the training course specifies planned knowledge test, or any combination receiving school for the purpose of ground and flight training time thereof, for the pilot, flight instructor, or determining the amount of pilot requirements for the course. ground instructor certificate or rating on experience and knowledge to be (4) The school does not request that the first attempt, and that test was given credited; the training course be approved for by— (3) The receiving school determines examining authority nor may that (A) An FAA inspector; or (based on the person’s performance on school hold examining authority for that (B) An examiner who is not an the knowledge and proficiency test course. employee of the school. required by paragraph (b)(2) of this (b) A pilot school must meet the section) the amount of credit to be § 141.57 Special curricula. following requirements to retain awarded, and records that credit in the An applicant for a pilot school approval of its examining authority: person’s training record; certificate or provisional pilot school (1) The school must complete the (4) The person who requests credit for certificate may apply for approval to application for renewal of its examining previous pilot experience and conduct a special course of airman authority on a form and in a manner knowledge obtained the experience and training for which a curriculum is not prescribed by the Administrator; knowledge from another part 141 prescribed in the appendixes of this (2) The school must hold a pilot approved pilot school and training part, if the applicant shows that the school certificate and rating issued course; and training course contains features that under this part; (5) The receiving school retains a could achieve a level of pilot (3) The school must have held the copy of the person’s training record proficiency equivalent to that achieved rating for which examining authority is from the previous school. sought for at least 24 calendar months by a training course prescribed in the (c) Tests given by a pilot school that preceding the month of application for appendixes of this part or the holds examining authority must be renewal of its examining authority; and requirements of part 61 of this chapter. approved by the Administrator and be at (4) The training course for which least equal in scope, depth, and Subpart DÐExamining Authority examining authority is requested may difficulty to the comparable knowledge not be a course that is approved without and practical tests prescribed by the § 141.61 Applicability. meeting the minimum ground and flight Administrator under part 61 of this This subpart prescribes the training time requirements of this part. requirements for the issuance of chapter. examining authority to the holder of a § 141.65 Privileges. (d) A pilot school that holds pilot school certificate, and the A pilot school that holds examining examining authority may not use its privileges and limitations of that authority may recommend a person who knowledge or practical tests if the examining authority. graduated from its course for the school: appropriate pilot, flight instructor, or (1) Knows, or has reason to believe, § 141.63 Examining authority qualification ground instructor certificate or rating the test has been compromised; or requirements. without taking the FAA knowledge test (2) Is notified by a FAA Flight (a) A pilot school must meet the or practical test in accordance with the Standards District Office that there is following prerequisites to receive initial provisions of this subpart. reason to believe or it is known that the approval for examining authority: test has been compromised. (1) The school must complete the § 141.67 Limitations and reports. (e) A pilot school that holds application for examining authority on A pilot school that holds examining examining authority must maintain a a form and in a manner prescribed by authority may only recommend the record of all temporary airman the Administrator; issuance of a pilot, flight instructor, or certificates it issues, which consist of (2) The school must hold a pilot ground instructor certificate and rating the following information: school certificate and rating issued to a person who does not take an FAA (1) A chronological listing that under this part; knowledge test or practical test, if the includes— 16354 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The date the temporary airman § 141.75 Aircraft requirements. paragraph (c)(2) of this section, based on certificate was issued; (a) The following items must be a proficiency test or knowledge test, or (ii) The student to whom the carried on each aircraft used for flight both, of the student; and temporary airman certificate was issued, training and solo flights: (4) Credit for training specified in and that student’s permanent mailing (1) A pretakeoff and prelanding paragraph (c)(1) or paragraph (c)(2) may address and telephone number; checklist; and be given if the previous provider of the (iii) The training course from which (2) The operator’s handbook for the training has certified the kind and the student graduated; aircraft, if one is furnished by the amount of training provided, and the (iv) The name of person who manufacturer, or copies of the handbook result of each stage check and end-of- conducted the knowledge or practical if furnished to each student using the course test, if applicable, given to the test; aircraft. student. (b) Each aircraft used in the (v) The type of temporary airman certification and rating courses listed in § 141.79 Flight training. certificate or rating issued to the § 141.11 of this part must have a student; and (a) No person other than a certificated standard airworthiness certificate or a flight instructor or commercial pilot (vi) The date the student’s airman primary airworthiness certificate; and with a lighter-than-air rating who has application file was sent to the FAA for (c) Each aircraft used in the the ratings and the minimum processing for a permanent airman agricultural aircraft operations, external- qualifications specified in the approved certificate. load operations, test pilot, and special training course outline may give a (2) A copy of the record containing operations courses listed in § 141.11 of student flight training under an each student’s graduation certificate, this part may have a restricted approved course of training. airman application, temporary airman airworthiness certificate, if its use for (b) No student pilot may be certificate, superseded airman certificate training is not prohibited by the authorized to start a solo practice flight (if applicable), and knowledge test or aircraft’s operating limitations. from an airport until the flight has been practical test results; and approved by a certificated flight (3) The records required by paragraph § 141.77 Limitations. instructor or commercial pilot with a (e) of this section must be retained for (a) The holder of a pilot school lighter-than-air rating who is present at 1 year and made available to the certificate or a provisional pilot school that airport. Administrator upon request. These certificate may not issue a graduation (c) Each chief instructor and assistant records must be surrendered to the certificate to a student, or recommend a chief instructor assigned to a training Administrator when the pilot school student for a pilot certificate or rating, course must complete, at least once ceases to have examining authority. unless the student has: every 12 calendar months, an approved (f) Except for pilot schools that have (1) Completed the training specified syllabus of training consisting of ground an airman certification representative, in the pilot school’s course of training; or flight training, or both, or an when a student passes the knowledge and approved flight instructor refresher test or practical test, the pilot school (2) Passed the required final tests. course. that holds examining authority must (b) Except as provided in paragraph (d) Each certificated flight instructor submit that student’s airman application (c) of this section, the holder of a pilot or commercial pilot with a lighter-than- file and training record to the FAA for school certificate or a provisional pilot air rating who is assigned to a flight processing for the issuance of a school certificate may not graduate a training course must satisfactorily permanent airman certificate. student from a course of training unless the student has completed all of the complete the following tasks, which Subpart EÐOperating Rules curriculum requirements of that course; must be administered by the school’s (c) A student may be given credit chief instructor, assistant chief § 141.71 Applicability. towards the curriculum requirements of instructor, or check instructor: This subpart prescribes the operating a course for previous pilot experience (1) Prior to receiving authorization to rules applicable to a pilot school or and knowledge, provided the following train students in a flight training course, provisional pilot school certificated conditions are met: accomplish— under the provisions of this part. (1) If the credit is based upon a part (i) A review of and receive a briefing 141-approved training course, the credit on the objectives and standards of that § 141.73 Privileges. given that student for the previous pilot training course; and (a) The holder of a pilot school experience and knowledge may be 50 (ii) An initial proficiency check in certificate or a provisional pilot school percent of the curriculum requirements each make and model of aircraft used in certificate may advertise and conduct and must be based upon a proficiency that training course in which that approved pilot training courses in test or knowledge test, or both, person provides training; and accordance with the certificate and any conducted by the receiving pilot school; (2) Every 12 calendar months after the ratings that it holds. (2) If the credit is not based upon a month in which the person last (b) A pilot school that holds part 141-approved training course, the complied with paragraph (d)(1)(ii) of examining authority for an approved credit given that student for the this section, accomplish a recurrent training course may recommend a previous pilot experience and proficiency check in one of the aircraft graduate of that course for the issuance knowledge shall not exceed more than the person trains students. of an appropriate pilot, flight instructor, 25 percent of the curriculum or ground instructor certificate and requirements and must be based upon a § 141.81 Ground training. rating, without taking an FAA proficiency test or knowledge test, or (a) Except as provided in paragraph knowledge test or practical test, both, conducted by the receiving pilot (b) of this section, each instructor who provided the training course has been school; is assigned to a ground training course, approved and meets the minimum (3) The receiving school determines must hold a flight or ground instructor ground and flight training time the amount of course credit to be certificate, or a commercial pilot requirements of this part. transferred under paragraph (c)(1) or certificate with a lighter-than-air rating Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16355 with the appropriate rating for that (2) Ensuring that each certificated (3) Applying for reinstatement on a course of training. flight instructor, certificated ground form and in a manner prescribed by the (b) A person who does not meet the instructor, or commercial pilot with a Administrator. requirements of paragraph (a) of this lighter-than-air rating passes an initial section may be assigned ground training proficiency check prior to that § 141.89 Maintenance of personnel, facilities, and equipment. duties in a ground training course, if: instructor being assigned instructing (1) The chief instructor who is duties in the school’s approved training The holder of a pilot school certificate assigned to that ground training course course and thereafter that the instructor or provisional pilot school certificate finds the person qualified to give that passes a recurrent proficiency check may not provide training to a student training; and every 12 calendar months after the who is enrolled in an approved course (2) The training is given while under month in which the initial test was of training unless: the supervision of the chief instructor or accomplished; (a) Each airport, aircraft, and facility the assistant chief instructor who is (3) Ensuring that each student necessary for that training meets the present at the facility when the training accomplishes the required stage checks standards specified in the holder’s is given. and end-of-course tests in accordance approved training course outline and (c) An instructor may not be used in with the school’s approved training the appropriate requirements of this a ground training course until that course; and part; and instructor has been briefed in regard to (4) Maintaining training techniques, (b) Except as provided in § 141.87 of the objectives and standards of that procedures, and standards for the school this part, each chief instructor, assistant course by the chief instructor, assistant that are acceptable to the Administrator. chief instructor, check instructor, or chief instructor, or check instructor. (b) The chief instructor or an assistant instructor meets the qualifications § 141.83 Quality of training. chief instructor must be available at the specified in the holder’s approved pilot school or, if away from the pilot course of training and the appropriate (a) Each pilot school or provisional requirements of this part. pilot school must meet the following school, be available by telephone, radio, requirements: or other electronic means during the § 141.91 Satellite bases. (1) Comply with its approved training time that training is given for an The holder of a pilot school certificate course; and approved training course. or provisional pilot school certificate (2) Provide training of such quality (c) The chief instructor may delegate may conduct ground training or flight that meets the requirements of authority for conducting stage checks, training in an approved course of § 141.5(d) of this part. end-of-course tests, and flight instructor training at a base other than its main (b) The failure of a pilot school or proficiency checks to the assistant chief operations base if: provisional pilot school to maintain the instructor or a check instructor. (a) An assistant chief instructor is quality of training specified in paragraph (a) of this section may be the § 141.87 Change of chief instructor. designated for each satellite base, and that assistant chief instructor is basis for suspending or revoking that Whenever a pilot school or available at the satellite pilot school or, school’s certificate. provisional pilot school makes a change if away from the premises, by telephone, (c) When requested by the of designation of its chief instructor, radio, or other electronic means during Administrator, a pilot school or that school: the time that training is provided for an provisional pilot school must allow the (a) Must immediately provide the approved training course; FAA to administer any knowledge test, FAA Flight Standards District Office (b) The airport, facilities, and practical test, stage check, or end-of- that has jurisdiction over the area in personnel used at the satellite base meet course test to its students. which the school is located with written the appropriate requirements of subpart (d) When a stage check or end-of- notification of the change; B of this part and its approved training course test is administered by the FAA (b) May conduct training without a under the provisions of paragraph (c) of course outline; chief instructor for that training course (c) The instructors are under the this section, and the student has not for a period not to exceed 60 days while completed the training course, then that direct supervision of the chief instructor awaiting the designation and approval or assistant chief instructor for the test will be based on the standards of another chief instructor; prescribed in the school’s approved appropriate training course, who is (c) May, for a period not to exceed 60 readily available for consultation in training course. days, have the stage checks and end-of- (e) If the practical test or knowledge accordance with § 141.85(b) of this part; course tests administered by: test administered by the FAA under the and (1) The training course’s assistant provisions of paragraph (c) of this (d) The FAA Flight Standards District chief instructor, if one has been section is given to a student who has Office having jurisdiction over the area designated; completed the school’s training course, in which the school is located is (2) The training course’s check that test will be based upon the areas of notified in writing if training is instructor, if one has been designated; operation approved by the conducted at a base other than the (3) An FAA inspector; or Administrator. school’s main operations base for more (4) An examiner. than 7 consecutive days. § 141.85 Chief instructor responsibilities. (d) Must, after 60 days without a chief (a) Each person designated as a chief instructor, cease operations and § 141.93 Enrollment. instructor for a pilot school or surrender its certificate to the (a) The holder of a pilot school provisional pilot school shall be Administrator; and certificate or a provisional pilot school responsible for: (e) May have its certificate reinstated, certificate shall, at the time a student is (1) Certifying each student’s training upon: enrolled in an approved training course, record, graduation certificate, stage (1) Designating and approving another furnish that student with a copy of the check and end-of-course test reports, chief instructor; following: recommendation for course completion, (2) Showing it meets the requirements (1) A certificate of enrollment and application; of § 141.27(a)(2) of this part; and containing— 16356 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(i) The name of the course in which Subpart FÐRecords (c) Applicable subjects in the the student is enrolled; and ‘‘Aeronautical Information Manual’’ and the (ii) The date of that enrollment. § 141.101 Training records. appropriate FAA advisory circulars; (2) A copy of the student’s training (a) Each holder of a pilot school (d) Use of aeronautical charts for VFR syllabus. certificate or provisional pilot school navigation using pilotage with the aid of a (3) A copy of the safety procedures certificate must establish and maintain magnetic compass; a current and accurate record of the (e) Recognition of critical weather and practices developed by the school situations from the ground and in flight, that describe the use of school’s participation of each student enrolled in windshear avoidance, and the procurement facilities and the operation of its an approved course of training and use of aeronautical weather reports and aircraft. Those procedures and practices conducted by the school that includes forecasts; shall include training on at least the the following information: (f) Safe and efficient operation of aircraft, following information— (1) The date the student was enrolled including collision avoidance, and (i) The weather minimums required in the approved course; recognition and avoidance of wake by the school for dual and solo flights; (2) A chronological log of the turbulence; (ii) The procedures for starting and student’s course attendance, subjects, (g) Effects of density altitude on takeoff and taxiing aircraft on the ramp; and flight operations covered in the climb performance; (iii) Fire precautions and procedures; student’s training, and the names and (h) Weight and balance computations; grades of any tests taken by the student; (i) Principles of aerodynamics, (iv) Redispatch procedures after powerplants, and aircraft systems; unprogrammed landings, on and off and (3) The date the student graduated, (j) Stall awareness, spin entry, spins, and airports; spin recovery techniques, if applying for an (v) Aircraft discrepancies and write- terminated training, or transferred to airplane single-engine rating; offs; another school. (k) Aeronautical decision making and (vi) Securing of aircraft when not in (b) The records required to be judgment; and use; maintained in a student’s logbook will (l) Preflight action that includes— (vii) Fuel reserves necessary for local not suffice for the record required by (1) How to obtain information on runway and cross-country flights; paragraph (a) of this section. lengths at airports of intended use, data on (viii) Avoidance of other aircraft in (c) Whenever a student graduates, takeoff and landing distances, weather flight and on the ground; terminates training, or transfers to reports and forecasts, and fuel requirements; (ix) Minimum altitude limitations and another school, the student’s record and must be certified to that effect by the (2) How to plan for alternatives if the simulated emergency landing planned flight cannot be completed or delays instructions; and chief instructor. (d) The holder of a pilot school are encountered. (x) A description of and instructions 4. Flight training. (a) Each approved course regarding the use of assigned practice certificate or a provisional pilot school must include at least 30 hours of flight areas. certificate must retain each student training (of which 15 hours must be with a (b) The holder of a pilot school record required by this section for at certificated flight instructor and 3 hours must certificate or provisional pilot school least 1 year from the date that the be solo flight training) on the approved areas certificate must maintain a monthly student: of operation listed in paragraph (c) of this listing of persons enrolled in each (1) Graduates from the course to section that are appropriate to the aircraft training course offered by the school. which the record pertains; category and class rating for which the course (2) Terminates enrollment in the applies, including: § 141.95 Graduation certificate. course to which the record pertains; or (1) Except as provided in § 61.100 of this (a) The holder of a pilot school (3) Transfers to another school. chapter, 2 hours of dual flight training to and at an airport that is located more than 25 certificate or provisional pilot school (e) The holder of a pilot school certificate or a provisional pilot school nautical miles from the airport where the certificate shall issue a graduation applicant normally trains, with at least three certificate to each student who certificate must make a copy of the student’s training record available to the takeoffs and three landings; and completes its approved course of (2) 3 hours of dual flight training in an training. student upon request. aircraft that is appropriate to the aircraft (b) The graduation certificate must be Appendix A tp Part 141—Recreational Pilot category and class for which the course issued to the student upon completion Certification Course applies, in preparation for the practical test of the course of training and contain at 1. Applicability. This appendix prescribes within 60 days preceding the date of the test. least the following information: the minimum curriculum required for a (b) Each training flight must include a (1) The name of the school and the recreational pilot certification course under preflight briefing and a postflight critique of certificate number of the school; this part, for the following ratings: the student by the flight instructor assigned to that flight. (2) The name of the graduate to whom (a) Airplane single-engine. (b) Rotorcraft helicopter. (c) Flight training must include the it was issued; following approved areas of operation (3) The course of training for which it (c) Rotorcraft gyroplane. 2. Eligibility for enrollment. A person must appropriate to the aircraft category and class was issued; hold a student pilot certificate prior to rating— (4) The date of graduation; enrolling in the flight portion of the (1) For an airplane single-engine course: (i) (5) A statement that the student has recreational pilot certification course. Preflight preparation; satisfactorily completed each required 3. Aeronautical knowledge training. Each (ii) Preflight procedures; stage of the approved course of training approved course must include at least 20 (iii) Airport operations; including the tests for those stages; hours of ground training on the following (iv) Takeoffs, landings, and go-arounds; (6) A certification of the information aeronautical knowledge areas, appropriate to (v) Performance maneuvers; contained on the graduation certificate the aircraft category and class for which the (vi) Ground reference maneuvers; course applies: (vii) Navigation; by the chief instructor for that course of (a) Applicable Federal Aviation (viii) Slow flight and stalls; training; and Regulations for recreational pilot privileges, (ix) Emergency operations; and (7) A statement showing the cross- limitations, and flight operations; (x) Postflight procedures. country training that the student (b) Accident reporting requirements of the (2) For a rotorcraft helicopter course: (i) received in the course of training. National Transportation Safety Board; Preflight preparation; Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16357

(ii) Preflight procedures; (1) Applicable Federal Aviation practical test within 60 days preceding the (iii) Airport and heliport operations; Regulations for private pilot privileges, date of the test. (iv) Hovering maneuvers; limitations, and flight operations; (2) For an airplane multiengine course: 20 (v) Takeoffs, landings, and go-arounds; (2) Accident reporting requirements of the hours of flight training from a certificated (vi) Performance maneuvers; National Transportation Safety Board; flight instructor on the approved areas of (vii) Navigation; (3) Applicable subjects of the operation in paragraph (d)(2) of this section (viii) Emergency operations; and ‘‘Aeronautical Information Manual’’ and the that includes at least— (ix) Postflight procedures. appropriate FAA advisory circulars; (i) Except as provided in § 61.111 of this (3) For a rotorcraft gyroplane course: (i) (4) Aeronautical charts for VFR navigation chapter, 3 hours of cross-country flight Preflight preparation; using pilotage, dead reckoning, and training in a multiengine airplane; (ii) Preflight procedures; navigation systems; (ii) 3 hours of night flight training in a (iii) Airport operations; (5) Radio communication procedures; multiengine airplane that includes— (iv) Takeoffs, landings, and go-arounds; (6) Recognition of critical weather (A) One cross-country flight of more than (v) Performance maneuvers; situations from the ground and in flight, 100-nautical-miles total distance; and (vi) Ground reference maneuvers; windshear avoidance, and the procurement (B) 10 takeoffs and 10 landings to a full (vii) Navigation; and use of aeronautical weather reports and stop (with each landing involving a flight in (viii) Flight at slow airspeeds; forecasts; the traffic pattern) at an airport. (ix) Emergency operations; and (7) Safe and efficient operation of aircraft, (iii) 3 hours of instrument training in a (x) Postflight procedures. including collision avoidance, and multiengine airplane; and 5. Solo flight training. Each approved recognition and avoidance of wake (iv) 3 hours of flight training in a course must include at least 3 hours of solo turbulence; multiengine airplane in preparation for the flight training on the approved areas of (8) Effects of density altitude on takeoff practical test within 60 days preceding the operation listed in paragraph (c) of section and climb performance; date of the test. No. 4 of this appendix that are appropriate (9) Weight and balance computations; (3) For a rotorcraft helicopter course: 20 to the aircraft category and class rating for (10) Principles of aerodynamics, hours of flight training from a certificated which the course applies. powerplants, and aircraft systems; flight instructor on the approved areas of 6. Stage checks and end-of-course tests. (a) (11) If the course of training is for an operation in paragraph (d)(3) of this section Each student enrolled in a recreational pilot airplane category or glider category rating, that includes at least— course must satisfactorily accomplish the stall awareness, spin entry, spins, and spin (i) Except as provided in § 61.111 of this stage checks and end-of-course tests, in recovery techniques; chapter, 3 hours of cross-country flight accordance with the school’s approved (12) Aeronautical decision making and training in a helicopter. training course, consisting of the approved judgment; and (ii) 3 hours of night flight training in a areas of operation listed in paragraph (c) of (13) Preflight action that includes— helicopter that includes— section No. 4 of this appendix that are (i) How to obtain information on runway (A) One cross-country flight of more than appropriate to the aircraft category and class lengths at airports of intended use, data on 50-nautical-miles total distance; and rating for which the course applies. takeoff and landing distances, weather (B) 10 takeoffs and 10 landings to a full (b) Each student must demonstrate reports and forecasts, and fuel requirements; stop (with each landing involving a flight in satisfactory proficiency prior to being and the traffic pattern) at an airport. endorsed to operate an aircraft in solo flight. (ii) How to plan for alternatives if the (iii) 3 hours of flight training in a Appendix B—Private Pilot Certification planned flight cannot be completed or delays helicopter in preparation for the practical test Course are encountered. within 60 days preceding the date of the test. 1. Applicability. This appendix prescribes 4. Flight training. (a) Each approved course (4) For a rotorcraft gyroplane course: 20 the minimum curriculum for a private pilot must include at least the following flight hours of flight training from a certificated certification course required under this part, training, as provided in this section and flight instructor on the approved areas of for the following ratings: section No. 5 of this appendix, on the operation in paragraph (d)(4) of this section (a) Airplane single-engine. approved areas of operation listed in that includes at least— (b) Airplane multiengine. paragraph (d) of this section, appropriate to (i) Except as provided in § 61.111 of this (c) Rotorcraft helicopter. the aircraft category and class rating: chapter, 3 hours of cross-country flight (d) Rotorcraft gyroplane. (1) 35 hours of training if the course is for training in a gyroplane. (e) Powered-lift. an airplane, rotorcraft, powered-lift, or (ii) 3 hours of night flight training in a (f) Glider. airship rating. gyroplane that includes— (g) Lighter-than-air airship. (2) 6 hours of training if the course is for (A) One cross-country flight over 50- (h) Lighter-than-air balloon. a glider rating. nautical-miles total distance; and 2. Eligibility for enrollment. A person must (3) 8 hours of training if the course is for (B) 10 takeoffs and 10 landings to a full hold a recreational or student pilot certificate a balloon rating. stop (with each landing involving a flight in prior to enrolling in the flight portion of the (b) Each approved course must include at the traffic pattern) at an airport. private pilot certification course. least the following flight training: (iii) 3 hours of flight training in a gyroplane 3. Aeronautical knowledge training. (1) For an airplane single-engine course: 20 in preparation for the practical test within 60 (a) Each approved course must include at hours of flight training from a certificated days preceding the date of the test. least the following ground training on the flight instructor on the approved areas of (5) For a powered-lift course: 20 hours of aeronautical knowledge areas listed in operation in paragraph (d)(1) of this section flight training from a certificated flight paragraph (b) of this section, appropriate to that includes at least— instructor on the approved areas of operation the aircraft category and class rating: (i) Except as provided in § 61.111 of this in paragraph (d)(5) of this section that (1) 35 hours of training if the course is for chapter, 3 hours of cross-country flight includes at least— an airplane, rotorcraft, or powered-lift training in a single-engine airplane; (i) Except as provided in § 61.111 of this category rating. (ii) 3 hours of night flight training in a chapter, 3 hours of cross-country flight (2) 15 hours of training if the course is for single-engine airplane that includes— training in a powered-lift; a glider category rating. (A) One cross-country flight of more than (ii) 3 hours of night flight training in a (3) 10 hours of training if the course is for 100-nautical-miles total distance; and powered-lift that includes— a lighter-than-air category with a balloon (B) 10 takeoffs and 10 landings to a full (A) One cross-country flight of more than class rating. stop (with each landing involving a flight in 100-nautical-miles total distance; and (4) 35 hours of training if the course is for the traffic pattern) at an airport. (B) 10 takeoffs and 10 landings to a full a lighter-than-air category with an airship (iii) 3 hours of instrument training in a stop (with each landing involving a flight in class rating. single-engine airplane; and the traffic pattern) at an airport. (b) Ground training must include the (iv) 3 hours of flight training in a single- (iii) 3 hours of instrument training in a following aeronautical knowledge areas: engine airplane in preparation for the powered-lift; and 16358 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(iv) 3 hours of flight training in a powered- requirements of the approved course, or of (viii) Navigation; lift in preparation for the practical test, this section, whichever is less. (ix) Slow flight and stalls; within 60 days preceding the date of the test. (4) Training in flight simulators or flight (x) Basic instrument maneuvers; (6) For a glider course: 4 hours of flight training devices described in paragraphs (xi) Emergency operations; training from a certificated flight instructor (c)(2) and (c)(3) of this section, if used in (xii) Night operations; and on the approved areas of operation in combination, may be credited for a maximum (xiii) Postflight procedures. paragraph (d)(6) of this section that includes of 15 percent of the total flight training hour (6) For a glider course: (i) Preflight at least— requirements of the approved course, or of preparation; (i) Five training flights in a glider on this section, whichever is less. However, (ii) Preflight procedures; launch/tow procedures approved for the credit for training in a flight training device (iii) Airport and gliderport operations; course and in the appropriate approved areas that meets the requirements of § 141.41(b) (iv) Launches/tows, as appropriate, and of operation listed in paragraph (d)(6) of this cannot exceed the limitation provided for in landings; section; and paragraph (c)(3) of this section. (v) Performance speeds; (ii) Three training flights in a glider in (d) Each approved course must include the (vi) Soaring techniques; preparation for the practical test within 60 flight training on the approved areas of (vii) Performance maneuvers; days preceding the date of the test. operation listed in this paragraph that are (viii) Navigation; (7) For a lighter-than-air airship course: 20 appropriate to the aircraft category and class (ix) Slow flight and stalls; hours of flight training from a commercial rating— (x) Emergency operations; and pilot with an airship rating on the approved (1) For a single-engine airplane course: (i) (xi) Postflight procedures. areas of operation in paragraph (d)(7) of this Preflight preparation; (7) For a lighter-than-air airship course: (i) section that includes at least— (ii) Preflight procedures; Preflight preparation; (i) Except as provided in § 61.111 of this (iii) Airport and seaplane base operations; (ii) Preflight procedures; chapter, 3 hours of cross-country flight (iv) Takeoffs, landings, and go-arounds; (iii) Airport operations; training in an airship; (v) Performance maneuvers; (iv) Takeoffs, landings, and go-arounds; (ii) 3 hours of night flight training in an (vi) Ground reference maneuvers; (v) Performance maneuvers; airship that includes— (vii) Navigation; (vi) Ground reference maneuvers; (A) One cross-country flight over 25- (viii) Slow flight and stalls; (vii) Navigation; nautical-miles total distance; and (ix) Basic instrument maneuvers; (viii) Emergency operations; and (B) Five takeoffs and five landings to a full (x) Emergency operations; (ix) Postflight procedures. stop (with each landing involving a flight in (xi) Night operations, and (8) For a lighter-than-air balloon course: (i) the traffic pattern) at an airport. (xii) Postflight procedures. Preflight preparation; (iii) 3 hours of instrument training in an (2) For a multiengine airplane course: (i) (ii) Preflight procedures; airship; and Preflight preparation; (iii) Airport operations; (iv) 3 hours of flight training in an airship (ii) Preflight procedures; (iv) Launches and landings; in preparation for the practical test within 60 (iii) Airport and seaplane base operations; (v) Performance maneuvers; days preceding the date of the test. (iv) Takeoffs, landings, and go-arounds; (vi) Navigation; (8) For a lighter-than-air balloon course: 8 (v) Performance maneuvers; (vii) Emergency operations; and hours of flight training, including at least five (vi) Ground reference maneuvers; (viii) Postflight procedures. flights, from a commercial pilot with a (vii) Navigation; 5. Solo flight training. Each approved balloon rating on the approved areas of (viii) Slow flight and stalls; course must include at least the following operation in paragraph (d)(8) of this section, (ix) Basic instrument maneuvers; solo flight training: that includes— (x) Emergency operations; (a) For an airplane single-engine course: 5 (i) If the training is being performed in a (xi) Multiengine operations; hours of solo flight training in a single-engine gas balloon— (xii) Night operations; and airplane on the approved areas of operation (A) Two flights of 1 hour each; (xiii) Postflight procedures. in paragraph (d)(1) of section No. 4 of this (B) One flight involving a controlled ascent (3) For a rotorcraft helicopter course: (i) appendix that includes at least— to 3,000 feet above the launch site; and Preflight preparation; (1) One solo cross-country flight of at least (C) Two flights in preparation for the (ii) Preflight procedures; 100 nautical miles with landings at a practical test within 60 days preceding the (iii) Airport and heliport operations; minimum of three points, and one segment date of the test. (iv) Hovering maneuvers; of the flight consisting of a straight-line (ii) If the training is being performed in a (v) Takeoffs, landings, and go-arounds; distance of at least 50 nautical miles between balloon with an airborne heater— (vi) Performance maneuvers; the takeoff and landing locations; and (A) Two flights of 30 minutes each; (vii) Navigation; (2) Three takeoffs and three landings to a (B) One flight involving a controlled ascent (viii) Emergency operations; full stop (with each landing involving a flight to 2,000 feet above the launch site; and (ix) Night operations; and in the traffic pattern) at an airport with an (C) Two flights in preparation for the (x) Postflight procedures. operating control tower. practical test within 60 days preceding the (4) For a rotorcraft gyroplane course: (b) For an airplane multiengine course: 5 date of the test. (i) Preflight preparation; hours of flight training in a multiengine (c) For use of flight simulators or flight (ii) Preflight procedures; airplane performing the functions of a pilot training devices: (iii) Airport operations; in command while under the supervision of (1) The course may include training in a (iv) Takeoffs, landings, and go-arounds; a certificated flight instructor. The training flight simulator or flight training device, (v) Performance maneuvers; shall consist of the approved areas of provided it is representative of the aircraft for (vi) Ground reference maneuvers; operation in paragraph (d)(2) of section No. which the course is approved, meets the (vii) Navigation; 4 of this appendix, and include at least— requirements of this paragraph, and the (viii) Flight at slow airspeeds; (1) One cross-country flight of at least 100 training is given by an instructor. (ix) Emergency operations; nautical miles with landings at a minimum (2) Training in a flight simulator that meets (x) Night operations; and of three points, and one segment of the flight the requirements of § 141.41(a) of this part (xi) Postflight procedures. consisting of a straight-line distance of at may be credited for a maximum of 15 percent (5) For a powered-lift course: (i) Preflight least 50 nautical miles between the takeoff of the total flight training hour requirements preparation; and landing locations; and of the approved course, or of this section, (ii) Preflight procedures; (2) Three takeoffs and three landings to a whichever is less. (iii) Airport and heliport operations; full stop (with each landing involving a flight (3) Training in a flight training device that (iv) Hovering maneuvers; in the traffic pattern) at an airport with an meets the requirements of § 141.41(b) of this (v) Takeoffs, landings, and go-arounds; operating control tower. part may be credited for a maximum of 7.5 (vi) Performance maneuvers; (c) For a rotorcraft helicopter course: 5 percent of the total flight training hour (vii) Ground reference maneuvers; hours of solo flight training in a helicopter Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16359 on the approved areas of operation in section No. 4 of this appendix that are which the course is approved, meets the paragraph (d)(3) of section No. 4 of this appropriate to the aircraft category and class requirements of this paragraph, and the appendix that includes at least— rating for which the course applies. training is given by an instructor. (1) One solo cross-country flight of more (b) Each student must demonstrate (2) Training in a flight simulator that meets than 50 nautical miles with landings at a satisfactory proficiency prior to being the requirements of § 141.41(a) of this part minimum of three points, and one segment endorsed to operate an aircraft in solo flight. may be credited for a maximum of 50 percent of the flight consisting of a straight-line of the total flight training hour requirements distance of at least 25 nautical miles between Appendix C to Part 141—Instrument Rating of the approved course, or of this section, the takeoff and landing locations; and Course whichever is less. (2) Three takeoffs and three landings to a 1. Applicability. This appendix prescribes (3) Training in a flight training device that full stop (with each landing involving a flight the minimum curriculum for an instrument meets the requirements of § 141.41(b) of this in the traffic pattern) at an airport with an rating course and an additional instrument part may be credited for a maximum of 25 operating control tower. rating course, required under this part, for percent of the total flight training hour (d) For a rotorcraft gyroplane course: 5 the following ratings: requirements of the approved course, or of hours of solo flight training in gyroplanes on (a) Instrument—airplane. this section, whichever is less. the approved areas of operation in paragraph (b) Instrument—helicopter. (4) Training in flight simulators or flight (d)(4) of section No. 4 of this appendix that (c) Instrument—powered-lift. training devices described in paragraphs includes at least— 2. Eligibility for enrollment. A person must (b)(2) and (b)(3) of this section, if used in (1) One solo cross-country flight of more hold at least a private pilot certificate with combination, may be credited for a maximum than 50 nautical miles with landings at a an aircraft category and class rating of 50 percent of the total flight training hour minimum of three points, and one segment appropriate to the instrument rating for requirements of the approved course, or of of the flight consisting of a straight-line which the course applies prior to enrolling in this section, whichever is less. However, distance of at least 25 nautical miles between the flight portion of the instrument rating credit for training in a flight training device the takeoff and landing locations; and course. that meets the requirements of § 141.41(b) (2) Three takeoffs and three landings to a 3. Aeronautical knowledge training. (a) cannot exceed the limitation provided for in full stop (with each landing involving a flight Each approved course must include at least paragraph (b)(3) of this section. in the traffic pattern) at an airport with an the following ground training on the (c) Each approved course must include the operating control tower. aeronautical knowledge areas listed in following flight training— (e) For a powered-lift course: 5 hours of paragraph (b) of this section appropriate to (1) For an instrument airplane course: solo flight training in a powered-lift on the the instrument rating for which the course Instrument training time from a certificated approved areas of operation in paragraph applies: flight instructor with an instrument rating on (d)(5) of section No. 4 of this appendix that (1) 30 hours of training if the course is for the approved areas of operation in paragraph includes at least— an initial instrument rating. (d) of this section including at least one (1) One solo cross-country flight of at least (2) 20 hours of training if the course is for cross-country flight that— 100 nautical miles with landings at a an additional instrument rating. (i) Is in the category and class of airplane minimum of three points, and one segment (b) Ground training must include the that the course is approved for, and is of the flight consisting of a straight-line following aeronautical knowledge areas: performed under IFR; distance of at least 50 nautical miles between (1) Applicable Federal Aviation (ii) Is a distance of at least 250 nautical the takeoff and landing locations; and Regulations for IFR flight operations; miles along airways or ATC-directed routing (2) Three takeoffs and three landings to a (2) Appropriate information in the with one segment of the flight consisting of full stop (with each landing involving a flight ‘‘Aeronautical Information Manual’’; at least a straight-line distance of 100 in the traffic pattern) at an airport with an (3) Air traffic control system and nautical miles between airports; operating control tower. procedures for instrument flight operations; (iii) Involves an instrument approach at (f) For a glider course: Two solo flights in (4) IFR navigation and approaches by use each airport; and a glider on the approved areas of operation of navigation systems; (iv) Involves three different kinds of in paragraph (d)(6) of section No. 4 of this (5) Use of IFR en route and instrument approaches with the use of navigation appendix, and the launch and tow approach procedure charts; systems. procedures appropriate for the approved (6) Procurement and use of aviation (2) For an instrument helicopter course: course. weather reports and forecasts, and the Instrument training time from a certificated (g) For a lighter-than-air airship course: 5 elements of forecasting weather trends on the flight instructor with an instrument rating on hours of flight training in an airship basis of that information and personal the approved areas of operation in paragraph performing the functions of pilot in observation of weather conditions; (d) of this section including at least one command while under the supervision of a (7) Safe and efficient operation of aircraft cross-country flight that— commercial pilot with an airship rating. The under instrument flight rules and conditions; (i) Is in a helicopter and is performed training shall consist of the approved areas (8) Recognition of critical weather under IFR; of operation in paragraph (d)(7) of section situations and windshear avoidance; (ii) Is a distance of at least 100 nautical No. 4 of this appendix. (9) Aeronautical decision making and miles along airways or ATC-directed routing (h) For a lighter-than-air balloon course: judgment; and with one segment of the flight consisting of Two solo flights in a balloon with an airborne (10) Crew resource management, to include at least a straight-line distance of 50 nautical heater if the course involves a balloon with crew communication and coordination. miles between airports; an airborne heater, or, if the course involves 4. Flight training. (a) Each approved course (iii) Involves an instrument approach at a gas balloon, at least two flights in a gas must include at least the following flight each airport; and balloon performing the functions of pilot in training on the approved areas of operation (iv) Involves three different kinds of command while under the supervision of a listed in paragraph (d) of this section, approaches with the use of navigation commercial pilot with a balloon rating. The appropriate to the instrument-aircraft systems. training shall consist of the approved areas category and class rating for which the course (3) For an instrument powered-lift course: of operation in paragraph (d)(8) of section applies: Instrument training time from a certificated No. 4 of this appendix, in the kind of balloon (1) 35 hours of instrument training if the flight instructor with an instrument rating on for which the course applies. course is for an initial instrument rating. the approved areas of operation in paragraph 6. Stage checks and end-of-course tests. (2) 15 hours of instrument training if the (d) of this section including at least one (a) Each student enrolled in a private pilot course is for an additional instrument rating. cross-country flight that— course must satisfactorily accomplish the (b) For the use of flight simulators or flight (i) Is in a powered-lift and is performed stage checks and end-of-course tests in training devices— under IFR; accordance with the school’s approved (1) The course may include training in a (ii) Is a distance of at least 250 nautical training course, consisting of the approved flight simulator or flight training device, miles along airways or ATC-directed routing areas of operation listed in paragraph (d) of provided it is representative of the aircraft for with one segment of the flight consisting of 16360 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations at least a straight-line distance of 100 (3) 20 hours of training if the course is for a total straight-line distance of more than 100 nautical miles between airports; a glider category rating. nautical miles from the original point of (iii) Involves an instrument approach at (4) 20 hours of training if the course is for departure, and occurring in night VFR each airport; and a lighter-than-air category with a balloon conditions; and (iv) Involves three different kinds of class rating. (v) 3 hours in a single-engine airplane in approaches with the use of navigation (b) Ground training must include the preparation for the practical test within 60 systems. following aeronautical knowledge areas: days preceding the date of the test. (d) Each approved course must include the (1) Federal Aviation Regulations that apply (2) For an airplane multiengine course: 55 flight training on the approved areas of to commercial pilot privileges, limitations, hours of flight training from a certificated operation listed in this paragraph appropriate and flight operations; flight instructor on the approved areas of to the instrument aircraft category and class (2) Accident reporting requirements of the rating for which the course applies: National Transportation Safety Board; operation listed in paragraph (d)(2) of this (1) Preflight preparation; (3) Basic aerodynamics and the principles section that includes at least— (2) Preflight procedures; of flight; (i) 5 hours of instrument training in a (3) Air traffic control clearances and (4) Meteorology, to include recognition of multiengine airplane; procedures; critical weather situations, windshear (ii) 10 hours of training in a multiengine (4) Flight by reference to instruments; recognition and avoidance, and the use of airplane that has retractable landing gear, (5) Navigation systems; aeronautical weather reports and forecasts; flaps, and a controllable pitch propeller, or (6) Instrument approach procedures; (5) Safe and efficient operation of aircraft; is turbine-powered; (7) Emergency operations; and (6) Weight and balance computations; (iii) One cross-country flight in a (8) Postflight procedures. (7) Use of performance charts; multiengine airplane of at least a 2-hour 5. Stage checks and end-of-course tests. (8) Significance and effects of exceeding duration, a total straight-line distance of Each student enrolled in an instrument rating aircraft performance limitations; more than 100 nautical miles from the course must satisfactorily accomplish the (9) Use of aeronautical charts and a original point of departure, and occurring in stage checks and end-of-course tests, in magnetic compass for pilotage and dead day VFR conditions; accordance with the school’s approved reckoning; (iv) One cross-country flight in a training course, consisting of the approved (10) Use of air navigation facilities; multiengine airplane of at least a 2-hour areas of operation listed in paragraph (d) of (11) Aeronautical decision making and duration, a total straight-line distance of section No. 4 of this appendix that are judgment; more than 100 nautical miles from the appropriate to the aircraft category and class (12) Principles and functions of aircraft original point of departure, and occurring in systems; rating for which the course applies. night VFR conditions; and (13) Maneuvers, procedures, and (v) 3 hours in a multiengine airplane in Appendix D to Part 141—Commercial Pilot emergency operations appropriate to the Ccrtification Course aircraft; preparation for the practical test within 60 1. Applicability. This appendix prescribes (14) Night and high-altitude operations; days preceding the date of the test. the minimum curriculum for a commercial (15) Descriptions of and procedures for (3) For a rotorcraft helicopter course: 30 pilot certification course required under this operating within the National Airspace hours of flight training from a certificated part, for the following ratings: System; and flight instructor on the approved areas of (a) Airplane single-engine. (16) Procedures for flight and ground operation listed in paragraph (d)(3) of this (b) Airplane multiengine. training for lighter-than-air ratings. section that includes at least— (c) Rotorcraft helicopter. 4. Flight training. (a) Each approved course (i) 5 hours of instrument training; (d) Rotorcraft gyroplane. must include at least the following flight (ii) One cross-country flight in a helicopter (e) Powered-lift. training, as provided in this section and of at least a 2-hour duration, a total straight- (f) Glider. section No. 5 of this appendix, on the line distance of more than 50 nautical miles (g) Lighter-than-air airship. approved areas of operation listed in from the original point of departure and (h) Lighter-than-air balloon. paragraph (d) of this section that are occurring in day VFR conditions; 2. Eligibility for enrollment. A person must appropriate to the aircraft category and class (iii) One cross-country flight in a helicopter hold the following prior to enrolling in the rating for which the course applies: of at least a 2-hour duration, a total straight- flight portion of the commercial pilot (1) 155 hours of training if the course is for line distance of more than 50 nautical miles certification course: an airplane, powered-lift, or an airship rating. from the original point of departure, and (a) At least a private pilot certificate; and (2) 115 hours of training if the course is for occurring in night VFR conditions; and (b) If the course is for a rating in an a rotorcraft rating. (iv) 3 hours in a helicopter in preparation airplane or a powered-lift category, then the (3) 6 hours of training if the course is for for the practical test within 60 days person must: a glider rating. preceding the date of the test. (1) Hold an instrument rating in the aircraft (4) 10 hours and 8 training flights if the (4) For a rotorcraft gyroplane course: 30 that is appropriate to the aircraft category course is for a balloon rating. hours of flight training from a certificated rating for which the course applies; or (b) Each approved course must include at flight instructor on the approved areas of (2) Be concurrently enrolled in an least the following flight training: operation listed in paragraph (d)(4) of this instrument rating course that is appropriate (1) For an airplane single-engine course: 55 section that includes at least— to the aircraft category rating for which the hours of flight training from a certificated (i) 5 hours of instrument training; course applies, and pass the required flight instructor on the approved areas of (ii) One cross-country flight in a gyroplane instrument rating practical test prior to operation listed in paragraph (d)(1) of this of at least a 2-hour duration, a total straight- completing the commercial pilot certification section that includes at least— course. (i) 5 hours of instrument training in a line distance of more than 50 nautical miles 3. Aeronautical knowledge training. (a) single-engine airplane; from the original point of departure, and Each approved course must include at least (ii) 10 hours of training in a single-engine occurring in day VFR conditions; the following ground training on the airplane that has retractable landing gear, (iii) One cross-country flight in a gyroplane aeronautical knowledge areas listed in flaps, and a controllable pitch propeller, or of at least a 2-hour duration, a total straight- paragraph (b) of this section, appropriate to is turbine-powered; line distance of more than 50 nautical miles the aircraft category and class rating for (iii) One cross-country flight in a single- from the original point of departure, and which the course applies: engine airplane of at least a 2-hour duration, occurring in night VFR conditions; and (1) 65 hours of training if the course is for a total straight-line distance of more than 100 (iv) 3 hours in a gyroplane in preparation an airplane category rating, powered-lift nautical miles from the original point of for the practical test within 60 days category rating, or a lighter-than-air category departure, and occurring in day VFR preceding the date of the test. with an airship class rating. conditions; (5) For a powered-lift course: 55 hours of (2) 30 hours of training if the course is for (iv) One cross-country flight in a single- flight training from a certificated flight a rotorcraft category rating. engine airplane of at least a 2-hour duration, instructor on the approved areas of operation Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16361 listed in paragraph (d)(5) of this section that (1) The course may include training in a (viii) Emergency operations; and includes at least— flight simulator or flight training device, (ix) Postflight procedures. (i) 5 hours of instrument training in a provided it is representative of the aircraft for (5) For a powered-lift course: (i) Preflight powered-lift; which the course is approved, meets the preparation; (ii) One cross-country flight in a powered- requirements of this paragraph, and is given (ii) Preflight procedures; lift of at least a 2-hour duration, a total by an instructor. (iii) Airport and heliport operations; straight-line distance of more than 100 (2) Training in a flight simulator that meets (iv) Hovering maneuvers; nautical miles from the original point of the requirements of § 141.41(a) of this part (v) Takeoffs, landings, and go-arounds; departure, and occurring in day VFR may be credited for a maximum of 20 percent (vi) Performance maneuvers; conditions; of the total flight training hour requirements (vii) Navigation; (iii) One cross-country flight in a powered- of the approved course, or of this section, (viii) Slow flight and stalls; lift of at least a 2-hour duration, a total whichever is less. (ix) Emergency operations; straight-line distance of more than 100 (3) Training in a flight training device that (x) High altitude operations; nautical miles from the original point of meets the requirements of § 141.41(b) of this (xi) Special operations; and departure, and occurring in night VFR part may be credited for a maximum of 10 (xii) Postflight procedures. conditions; and percent of the total flight training hour (6) For a glider course: (i) Preflight (iv) 3 hours in a powered-lift in requirements of the approved course, or of preparation; preparation for the practical test within 60 this section, whichever is less. (ii) Preflight procedures; days preceding the date of the test. (4) Training in the flight training devices (iii) Airport and gliderport operations; (6) For a glider course: 4 hours of flight described in paragraphs (c)(2) and (c)(3) of (iv) Launches/tows, as appropriate, and training from a certificated flight instructor this section, if used in combination, may be landings; on the approved areas of operation in credited for a maximum of 20 percent of the (v) Performance speeds; paragraph (d)(6) of this section, that includes total flight training hour requirements of the (vi) Soaring techniques; at least— approved course, or of this section, (vii) Performance maneuvers; (i) Five training flights in a glider on whichever is less. However, credit for (viii) Navigation; launch/tow procedures approved for the training in a flight training device that meets (ix) Slow flight and stalls; course and on the appropriate approved areas the requirements of § 141.41(b) cannot (x) Emergency operations; and of operation listed in paragraph (d)(6) of this exceed the limitation provided for in (xi) Postflight procedures. section; and paragraph (c)(3) of this section. (7) For a lighter-than-air airship course: (i) (ii) Three training flights in a glider in (d) Each approved course must include the Fundamentals of instructing; preparation for the practical test within the flight training on the approved areas of (ii) Technical subjects; 60 days preceding the date of the test. operation listed in this paragraph that are (iii) Preflight preparation; (7) For a lighter-than-air airship course: 55 appropriate to the aircraft category and class (iv) Preflight lessons on a maneuver to be hours of flight training in airships from a rating— performed in flight; commercial pilot with an airship rating on (1) For an airplane single-engine course: (i) (v) Preflight procedures; the approved areas of operation in paragraph (d)(7) of this section that includes at least— Preflight preparation; (vi) Airport operations; (i) 3 hours of instrument training in an (ii) Preflight procedures; (vii) Takeoffs, landings, and go-arounds; airship; (iii) Airport and seaplane base operations; (viii) Performance maneuvers; (ii) One cross-country flight in an airship (iv) Takeoffs, landings, and go-arounds; (ix) Navigation; of at least a 1-hour duration, a total straight- (v) Performance maneuvers; (x) Emergency operations; and line distance of more than 25 nautical miles (vi) Navigation; (xi) Postflight procedures. from the original point of departure, and (vii) Slow flight and stalls; (8) For a lighter-than-air balloon course: (i) occurring in day VFR conditions; and (viii) Emergency operations; Fundamentals of instructing; (iii) One cross-country flight in an airship (ix) High-altitude operations; and (ii) Technical subjects; of at least a 1-hour duration, a total straight- (x) Postflight procedures. (iii) Preflight preparation; line distance of more than 25 nautical miles (2) For an airplane multiengine course: (i) (iv) Preflight lesson on a maneuver to be from the original point of departure, and Preflight preparation; performed in flight; occurring in night VFR conditions; and (ii) Preflight procedures; (v) Preflight procedures; (iv) 3 hours in an airship, in preparation (iii) Airport and seaplane base operations; (vi) Airport operations; for the practical test within 60 days (iv) Takeoffs, landings, and go-arounds; (vii) Launches and landings; preceding the date of the test. (v) Performance maneuvers; (viii) Performance maneuvers; (8) For a lighter-than-air balloon course: (vi) Navigation; (ix) Navigation; Flight training from a commercial pilot with (vii) Slow flight and stalls; (x) Emergency operations; and a balloon rating on the approved areas of (viii) Emergency operations; (xi) Postflight procedures. operation in paragraph (d)(8) of this section (ix) Multiengine operations; 5. Solo training. Each approved course that includes at least— (x) High-altitude operations; and must include at least the following solo flight (i) If the course involves training in a gas (xi) Postflight procedures. training: balloon: (3) For a rotorcraft helicopter course: (i) (a) For an airplane single-engine course: 10 (A) Two flights of 1 hour each; Preflight preparation; hours of solo flight training in a single-engine (B) One flight involving a controlled ascent (ii) Preflight procedures; airplane on the approved areas of operation to at least 5,000 feet above the launch site; (iii) Airport and heliport operations; in paragraph (d)(1) of section No. 4 of this and (iv) Hovering maneuvers; appendix that includes at least— (C) Two flights in preparation for the (v) Takeoffs, landings, and go-arounds; (1) One cross-country flight, if the training practical test within 60 days preceding the (vi) Performance maneuvers; is being performed in the State of Hawaii, date of the test. (vii) Navigation; with landings at a minimum of three points, (ii) If the course involves training in a (viii) Emergency operations; and one of the segments consisting of a balloon with an airborne heater: (ix) Special operations; and straight-line distance of at least 150 nautical (A) Two flights of 30 minutes each; (x) Postflight procedures. miles; (B) One flight involving a controlled ascent (4) For a rotorcraft gyroplane course: (i) (2) One cross-country flight, if the training to at least 3,000 feet above the launch site; Preflight preparation; is being performed in a State other than and (ii) Preflight procedures; Hawaii, with landings at a minimum of three (C) Two flights in preparation for the (iii) Airport operations; points, and one segment of the flight practical test within 60 days preceding the (iv) Takeoffs, landings, and go-arounds; consisting of a straight-line distance of at date of the test. (v) Performance maneuvers; least 250 nautical miles; and (c) For the use of flight simulators or flight (vi) Navigation; (3) 5 hours in night VFR conditions with training devices: (vii) Flight at slow airspeeds; 10 takeoffs and 10 landings (with each 16362 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations landing involving a flight with a traffic landing involving a flight with a traffic (d) Hold either a foreign airline transport pattern) at an airport with an operating pattern) at an airport with an operating pilot license or foreign commercial pilot control tower. control tower. license and an instrument rating, if the (b) For an airplane multiengine course: 10 (f) For a glider course: 5 solo flights in a person holds a pilot license issued by a hours of flight training in a multiengine glider on the approved areas of operation in contracting State to the Convention on airplane performing the functions of pilot in paragraph (d)(6) of section No. 4 of this International Civil Aviation. command while under the supervision of a appendix. 3. Aeronautical knowledge areas. (a) Each certificated flight instructor. The training (g) For a lighter-than-air airship course: 10 approved course must include at least 40 shall consist of the approved areas of hours of flight training in an airship, while hours of ground training on the aeronautical operation in paragraph (d)(2) of section No. performing the functions of pilot in knowledge areas listed in paragraph (b) of 4 of this appendix, and include at least— command under the supervision of a this section, appropriate to the aircraft (1) One cross-country flight, if the training commercial pilot with an airship rating. The category and class rating for which the course is being performed in the State of Hawaii, training shall consist of the approved areas applies. with landings at a minimum of three points, of operation in paragraph (d)(7) of section (b) Ground training must include the and one of the segments consisting of a No. 4 of this appendix and include at least— following aeronautical knowledge areas: straight-line distance of at least 150 nautical (1) One cross-country flight with landings (1) Applicable Federal Aviation miles; at a minimum of three points, and one (2) One cross-country flight, if the training segment of the flight consisting of a straight- Regulations of this chapter that relate to is being performed in a State other than line distance of at least 25 nautical miles airline transport pilot privileges, limitations, Hawaii, with landings at a minimum of three from the original point of departure; and and flight operations; points and one segment of the flight (2) 5 hours in night VFR conditions with (2) Meteorology, including knowledge of consisting of straight-line distance of at least 10 takeoffs and 10 landings (with each and effects of fronts, frontal characteristics, 250 nautical miles; and landing involving a flight with a traffic cloud formations, icing, and upper-air data; (3) 5 hours in night VFR conditions with pattern). (3) General system of weather and NOTAM 10 takeoffs and 10 landings (with each (h) For a lighter-than-air balloon course: collection, dissemination, interpretation, and landing involving a flight with a traffic Two solo flights if the course is for a hot air use; pattern) at an airport with an operating balloon rating, or, if the course is for a gas (4) Interpretation and use of weather control tower. balloon rating, at least two flights in a gas charts, maps, forecasts, sequence reports, (c) For a rotorcraft helicopter course: 10 balloon, while performing the duties of pilot abbreviations, symbols; hours of solo flight training in a helicopter in command under the supervision of a (5) National Weather Service functions as on the approved areas of operation in commercial pilot with a balloon rating. The they pertain to operations in the National paragraph (d)(3) of section No. 4 of this training shall consist of the approved areas Airspace System; appendix that includes at least— of operation in paragraph (d)(8) of section (6) Windshear and microburst awareness, (1) One cross-country flight with landings No. 4 of this appendix, in the kind of balloon identification, and avoidance; at a minimum of three points and one for which the course applies. (7) Principles of air navigation under segment of the flight consisting of a straight- 6. Stage checks and end-of-course tests. (a) instrument meteorological conditions in the line distance of at least 50 nautical miles Each student enrolled in a commercial pilot National Airspace System; from the original point of departure; and course must satisfactorily accomplish the (8) Air traffic control procedures and pilot (2) 5 hours in night VFR conditions with stage checks and end-of-course tests, in responsibilities as they relate to en route 10 takeoffs and 10 landings (with each accordance with the school’s approved operations, terminal area and radar landing involving a flight with a traffic training course, consisting of the approved operations, and instrument departure and pattern) at an airport with an operating areas of operation listed in paragraph (d) of approach procedures; control tower. section No. 4 of this appendix that are (9) Aircraft loading; weight and balance; (d) For a rotorcraft-gyroplane course: 10 appropriate to aircraft category and class use of charts, graphs, tables, formulas, and hours of solo flight training in a gyroplane on rating for which the course applies. computations; and the effects on aircraft the approved areas of operation in paragraph (b) Each student must demonstrate performance; (d)(4) of section No. 4 of this appendix that satisfactory proficiency prior to being (10) Aerodynamics relating to an aircraft’s includes at least— endorsed to operate an aircraft in solo flight. flight characteristics and performance in (1) One cross-country flight with landings normal and abnormal flight regimes; at a minimum of three points, and one Appendix E to Part 141—Airline Transport (11) Human factors; segment of the flight consisting of a straight- Pilot Certification Course (12) Aeronautical decision making and line distance of at least 50 nautical miles 1. Applicability. This appendix prescribes judgment; and from the original point of departure; and the minimum curriculum for a airline (13) Crew resource management to include (2) 5 hours in night VFR conditions with transport pilot certification course under this 10 takeoffs and 10 landings (with each part, for the following ratings: crew communication and coordination. landing involving a flight with a traffic (a) Airplane single-engine. 4. Flight training. (a) Each approved course pattern) at an airport with an operating (b) Airplane multiengine. must include at least 25 hours of flight control tower. (c) Rotorcraft helicopter. training on the approved areas of operation (e) For a powered-lift course: 10 hours of (d) Powered-lift. listed in paragraph (c) of this section solo flight training in a powered-lift on the 2. Eligibility for enrollment. Prior to appropriate to the aircraft category and class approved areas of operation in paragraph enrolling in the flight portion of the airline rating for which the course applies. At least (d)(5) of section No. 4 of this appendix that transport pilot certification course, a person 15 hours of this flight training must be includes at least— must: instrument flight training; and (1) One cross-country flight, if the training (a) Meet the aeronautical experience (b) For the use of flight simulators or flight is being performed in the State of Hawaii, requirements prescribed in subpart G of part training devices— with landings at a minimum of three points, 61 of this chapter for an airline transport (1) The course may include training in a and one segment of the flight consisting of a pilot certificate that is appropriate to the flight simulator or flight training device, straight-line distance of at least 150 nautical aircraft category and class rating for which provided it is representative of the aircraft for miles; the course applies; which the course is approved, meets the (2) One cross-country flight, if the training (b) Hold at least a commercial pilot requirements of this paragraph, and the is being performed in a State other than certificate and an instrument rating; training is given by an instructor. Hawaii, with landings at a minimum of three (c) Meet the military experience (2) Training in a flight simulator that meets points, and one segment of the flight requirements under § 61.73 of this chapter to the requirements of § 141.41(a) of this part consisting of a straight-line distance of at qualify for a commercial pilot certificate and may be credited for a maximum of 50 percent least 250 nautical miles; and an instrument rating, if the person is a rated of the total flight training hour requirements (3) 5 hours in night VFR conditions with military pilot or former rated military pilot of of the approved course, or of this section, 10 takeoffs and 10 landings (with each an Armed Force of the United States; or whichever is less. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16363

(3) Training in a flight training device that aeronautical knowledge areas listed in operation listed in this paragraph that are meets the requirements of § 141.41(b) of this paragraph (b) of this section: appropriate to the aircraft category and class part may be credited for a maximum of 25 (1) 40 hours of training if the course is for rating for which the course applies— percent of the total flight training hour an initial issuance of a flight instructor (1) For an airplane—single-engine course: requirements of the approved course, or of certificate; or (i) Fundamentals of instructing; this section, whichever is less. (2) 20 hours of training if the course is for (ii) Technical subject areas; (4) Training in flight simulators or flight an additional flight instructor rating. (iii) Preflight preparation; training devices described in paragraphs (b) Ground training must include the (iv) Preflight lesson on a maneuver to be (b)(2) and (b)(3) of this section, if used in following aeronautical knowledge areas: performed in flight; combination, may be credited for a maximum (1) The fundamentals of instructing (v) Preflight procedures; of 50 percent of the total flight training hour including— (vi) Airport and seaplane base operations; requirements of the approved course, or of (i) The learning process; (vii) Takeoffs, landings, and go-arounds; this section, whichever is less. However, (ii) Elements of effective teaching; (viii) Fundamentals of flight; credit for training in a flight training device (iii) Student evaluation and testing; (ix) Performance maneuvers; that meets the requirements of § 141.41(b) (iv) Course development; (x) Ground reference maneuvers; cannot exceed the limitation provided for in (v) Lesson planning; and (xi) Slow flight, stalls, and spins; paragraph (b)(3) of the section. (vi) Classroom training techniques. (xii) Basic instrument maneuvers; (c) Each approved course must include (2) The aeronautical knowledge areas in (xiii) Emergency operations; and flight training on the approved areas of which training is required for— (xiv) Postflight procedures. operation listed in this paragraph appropriate (i) A recreational, private, and commercial (2) For an airplane—multiengine course: (i) to the aircraft category and class rating for pilot certificate that is appropriate to the Fundamentals of instructing; which the course applies: aircraft category and class rating for which (ii) Technical subject areas; (1) Preflight preparation; the course applies; and (iii) Preflight preparation; (2) Preflight procedures; (ii) An instrument rating that is appropriate (iv) Preflight lesson on a maneuver to be (3) Takeoff and departure phase; to the aircraft category and class rating for performed in flight; which the course applies, if the course is for (4) In-flight maneuvers; (v) Preflight procedures; an airplane or powered-lift aircraft rating. (5) Instrument procedures; (vi) Airport and seaplane base operations; (c) A student who satisfactorily completes (6) Landings and approaches to landings; (vii) Takeoffs, landings, and go-arounds; 2 years of study on the principles of (7) Normal and abnormal procedures; (viii) Fundamentals of flight; education at a college or university may be (ix) Performance maneuvers; (8) Emergency procedures; and credited with no more than 20 hours of the (x) Ground reference maneuvers; (9) Postflight procedures. training required in paragraph (a)(1) of this (xi) Slow flight and stalls; 5. Stage checks and end-of-course tests. (a) section. (xii) Basic instrument maneuvers; Each student enrolled in an airline transport 4. Flight training. (a) Each approved course (xiii) Emergency operations; pilot course must satisfactorily accomplish must include at least the following flight (xiv) Multiengine operations; and the stage checks and end-of-course tests, in training on the approved areas of operation accordance with the school’s approved of paragraph (c) of this section appropriate to (xv) Postflight procedures. training course, consisting of the approved the flight instructor rating for which the (3) For a rotorcraft—helicopter course: (i) areas of operation listed in paragraph (c) of course applies: Fundamentals of instructing; section No. 4 of this appendix that are (1) 25 hours, if the course is for an (ii) Technical subject areas; appropriate to the aircraft category and class airplane, rotorcraft, or powered-lift rating; (iii) Preflight preparation; rating for which the course applies. and (iv) Preflight lesson on a maneuver to be (b) Each student must demonstrate (2) 10 hours and 10 flights, if the course performed in flight; satisfactory proficiency prior to being is for a glider category rating. (v) Preflight procedures; endorsed to operate an aircraft in solo flight. (b) For the use of flight simulators or flight (vi) Airport and heliport operations; training devices: (vii) Hovering maneuvers; Appendix F to Part 141—Floght Instructor (viii) Takeoffs, landings, and go-arounds; Certification Course (1) The course may include training in a flight simulator or flight training device, (ix) Fundamentals of flight; 1. Applicability. This appendix prescribes provided it is representative of the aircraft for (x) Performance maneuvers; the minimum curriculum for a flight which the course is approved, meets the (xi) Emergency operations; instructor certification course and an requirements of this paragraph, and the (xii) Special operations; and additional flight instructor rating course training is given by an instructor. (xiii) Postflight procedures. required under this part, for the following (2) Training in a flight simulator that meets (4) For a rotorcraft—gyroplane course: (i) ratings: the requirements of § 141.41(a) of this part, Fundamentals of instructing; (a) Airplane single-engine. may be credited for a maximum of 10 percent (ii) Technical subject areas; (b) Airplane multiengine. of the total flight training hour requirements (iii) Preflight preparation; (c) Rotorcraft helicopter. of the approved course, or of this section, (iv) Preflight lesson on a maneuver to be (d) Rotorcraft gyroplane. whichever is less. performed in flight; (e) Powered-lift. (3) Training in a flight training device that (v) Preflight procedures; (f) Glider category. meets the requirements of § 141.41(b) of this (vi) Airport operations; 2. Eligibility for enrollment. A person must part, may be credited for a maximum of 5 (vii) Takeoffs, landings, and go-arounds; hold the following prior to enrolling in the percent of the total flight training hour (viii) Fundamentals of flight; flight portion of the flight instructor or requirements of the approved course, or of (ix) Performance maneuvers; additional flight instructor rating course: this section, whichever is less. (x) Flight at slow airspeeds; (a) A commercial pilot certificate or an (4) Training in flight simulators or flight (xi) Ground reference maneuvers; airline transport pilot certificate, with an training devices described in paragraphs (xii) Emergency operations; and aircraft category and class rating appropriate (b)(2) and (b)(3) of this section, if used in (xiii) Postflight procedures. to the flight instructor rating for which the combination, may be credited for a maximum (5) For a powered-lift course: (i) course applies; and of 10 percent of the total flight training hour Fundamentals of instructing; (b) An instrument rating or privilege in an requirements of the approved course, or of (ii) Technical subject areas; aircraft that is appropriate to the aircraft this section, whichever is less. However, (iii) Preflight preparation; category and class rating for which the course credit for training in a flight training device (iv) Preflight lesson on a maneuver to be applies, if the course is for a flight instructor that meets the requirements of § 141.41(b) performed in flight; airplane or powered-lift instrument rating. cannot exceed the limitation provided for in (v) Preflight procedures; 3. Aeronautical knowledge training. (a) paragraph (b)(3) of this section. (vi) Airport and heliport operations; Each approved course must include at least (c) Each approved course must include (vii) Hovering maneuvers; the following ground training in the flight training on the approved areas of (viii) Takeoffs, landings, and go-arounds; 16364 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(ix) Fundamentals of flight; helicopter-, or powered-lift-instrument (6) Flight by reference to instruments; (x) Performance maneuvers; rating, as appropriate) for which the course (7) Navigation systems; (xi) Ground reference maneuvers; applies. (8) Instrument approach procedures; (xii) Slow flight and stalls; 3. Aeronautical knowledge training. (a) (9) Emergency operations; and (xiii) Basic instrument maneuvers; Each approved course must include at least (10) Postflight procedures. (xiv) Emergency operations; 15 hours of ground training on the 5. Stage checks and end-of-course tests. (xv) Special operations; and aeronautical knowledge areas listed in Each student enrolled in a flight instructor (xvi) Postflight procedures. paragraph (b) of this section, appropriate to instrument course must satisfactorily the flight instructor instrument rating (for an (6) For a glider course: (i) Fundamentals of accomplish the stage checks and end-of- airplane-, helicopter-, or powered-lift- instructing; course tests, in accordance with the school’s (ii) Technical subject areas; instrument rating, as appropriate) for which approved training course, consisting of the (iii) Preflight preparation; the course applies: approved areas of operation listed in (iv) Preflight lesson on a maneuver to be (b) Ground training must include the paragraph (c) of section No. 4 of this performed in flight; following aeronautical knowledge areas: appendix that are appropriate to the flight (v) Preflight procedures; (1) The fundamentals of instructing (vi) Airport and gliderport operations; including: instructor instrument rating (for an airplane- (vii) Launches, landings, and go-arounds; (i) Learning process; , helicopter-, or powered-lift-instrument (viii) Fundamentals of flight; (ii) Elements of effective teaching; rating, as appropriate) for which the course (ix) Performance speeds; (iii) Student evaluation and testing; applies. (x) Soaring techniques; (iv) Course development; (v) Lesson planning; and Appendix H to Part 141—Ground Instructor (xi) Performance maneuvers; Certification Course (xii) Slow flight, stalls, and spins; (vi) Classroom training techniques. (xiii) Emergency operations; and (2) The aeronautical knowledge areas in 1. Applicability. This appendix prescribes (xiv) Postflight procedures. which training is required for an instrument the minimum curriculum for a ground 5. Stage checks and end-of-course tests. (a) rating that is appropriate to the aircraft instructor certification course and an category and class rating for the course which Each student enrolled in a flight instructor additional ground instructor rating course, applies. course must satisfactorily accomplish the required under this part, for the following 4. Flight training. (a) Each approved course stage checks and end-of-course tests, in ratings: must include at least 15 hours of flight accordance with the school’s approved (a) Ground Instructor—Basic. training in the approved areas of operation of (b) Ground Instructor—Advanced. training course, consisting of the appropriate paragraph (c) of this section appropriate to (c) Ground Instructor—Instrument. approved areas of operation listed in the flight instructor rating for which the 2. Aeronautical knowledge training. (a) paragraph (c) of section No. 4 of this course applies. appendix appropriate to the flight instructor (b) For the use of flight simulators or flight Each approved course must include at least rating for which the course applies. training devices: the following ground training on the (b) In the case of a student who is enrolled (1) The course may include training in a knowledge areas listed in paragraphs (b), (c), in a flight instructor-airplane rating or flight flight simulator or flight training device, (d), and (e) of this section, appropriate to the instructor-glider rating course, that student provided it is representative of the aircraft for ground instructor rating for which the course must have: which the course is approved for, meets applies: (1) Received a logbook endorsement from requirements of this paragraph, and the (1) 20 hours of training if the course is for a certificated flight instructor certifying the training is given by an instructor. an initial issuance of a ground instructor student received ground and flight training (2) Training in a flight simulator that meets certificate; or on stall awareness, spin entry, spins, and the requirements of § 141.41(a) of this part, (2) 10 hours of training if the course is for spin recovery procedures in an aircraft that may be credited for a maximum of 10 percent an additional ground instructor rating. is certificated for spins and is appropriate to of the total flight training hour requirements (b) Ground training must include the the rating sought; and of the approved course, or of this section, following aeronautical knowledge areas: (2) Demonstrated instructional proficiency whichever is less. (1) Learning process; in stall awareness, spin entry, spins, and spin (3) Training in a flight training device that (2) Elements of effective teaching; recovery procedures. meets the requirements of § 141.41(b) of this (3) Student evaluation and testing; Appendix G to Part 141—Flight Instructor part, may be credited for a maximum of 5 (4) Course development; Instrument (For an Airplane, Helicopter, or percent of the total flight training hour (5) Lesson planning; and Powered-Lift Instrument Instructor Rating, requirements of the approved course, or of (6) Classroom training techniques. ae Appropriate) Certification Course this section, whichever is less. (c) Ground training for a basic ground (4) Training in flight simulators or flight instructor certificate must include the 1. Applicability. This appendix prescribes training devices described in paragraphs aeronautical knowledge areas applicable to a the minimum curriculum for a flight (b)(2) and (b)(3) of this section, if used in instructor instrument certification course recreational and private pilot. combination, may be credited for a maximum (d) Ground training for an advanced required under this part, for the following of 10 percent of the total flight training hour ratings: ground instructor rating must include the requirements of the approved course, or of aeronautical knowledge areas applicable to a (a) Flight Instructor Instrument—Airplane. this section, whichever is less. However, recreational, private, commercial, and airline (b) Flight Instructor Instrument— credit for training in a flight training device transport pilot. Helicopter. that meets the requirements of § 141.41(b) (e) Ground training for an instrument (c) Flight Instructor Instrument—Powered- cannot exceed the limitation provided for in lift aircraft. paragraph (b)(3) of this section. ground instructor rating must include the 2. Eligibility for enrollment. A person must (c) An approved course for the flight aeronautical knowledge areas applicable to hold the following prior to enrolling in the instructor-instrument rating must include an instrument rating. flight portion of the flight instructor flight training on the following approved (f) A student who satisfactorily completed instrument course: areas of operation that are appropriate to the 2 years of study on the principles of (a) A commercial pilot certificate or airline instrument-aircraft category and class rating education at a college or university may be transport pilot certificate with an aircraft for which the course applies: credited with 10 hours of the training category and class rating appropriate to the (1) Fundamentals of instructing; required in paragraph (a)(1) of this section. flight instructor category and class rating for (2) Technical subject areas; 3. Stage checks and end-of-course tests. which the course applies; and (3) Preflight preparation; Each student enrolled in a ground instructor (b) An instrument rating or privilege on (4) Preflight lesson on a maneuver to be course must satisfactorily accomplish the that flight instructor applicant’s pilot performed in flight; stage checks and end-of-course tests, in certificate that is appropriate to the flight (5) Air traffic control clearances and accordance with the school’s approved instructor instrument rating (for an airplane, procedures; training course, consisting of the approved Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16365 knowledge areas in paragraph (b), (c), (d), 5. Stage checks and end-of-course tests. (a) (6) Location of and purpose of inspecting and (e) of section No. 2 of this appendix Each student enrolled in an additional each item on the aircraft’s checklist that appropriate to the ground instructor rating aircraft category rating course or an relate to the exterior and interior preflight; for which the course applies. additional aircraft class rating course must and satisfactorily accomplish the stage checks (7) Use of the aircraft’s prestart checklist, Appendix I to Part 141—Additional Aircraft and end-of-course tests, in accordance with Category or Class Rating Course appropriate control system checks, starting the school’s approved training course, procedures, radio and electronic equipment 1. Applicability. This appendix prescribes consisting of the approved areas of operation checks, and the selection of proper the minimum curriculum for an additional in section No. 4 of this appendix that are navigation and communication radio aircraft category rating course or an appropriate to the aircraft category and class facilities and frequencies. additional aircraft class rating course rating for which the course applies at the 4. Flight training. (a) Each approved course required under this part, for the following appropriate pilot certificate level. ratings: (b) Each student must demonstrate must include at least: (a) Airplane single-engine. satisfactory proficiency prior to being (1) Flight training on the approved areas of (b) Airplane multiengine. endorsed to operate an aircraft in solo flight. operation of paragraph (c) of this section in the aircraft type for which the course applies; (c) Rotorcraft helicopter. Appendix J to Part 141—Aircraft Type (d) Rotorcraft gyroplane. and Rating Course, For Other Than an Airline (2) 10 hours of training of which at least (e) Powered-lift. Transport Pilot Certificate (f) Glider. 5 hours must be instrument training in the (g) Lighter-than-air airship. 1. Applicability. This appendix prescribes aircraft for which the course applies. (h) Lighter-than-air balloon. the minimum curriculum for an aircraft type (b) For the use of flight simulators or flight 2. Eligibility for enrollment. A person must rating course other than an airline transport training devices: hold the level of pilot certificate for the pilot certificate, for: (1) The course may include training in a additional aircraft category and class rating (a) A type rating in an airplane category— flight simulator or flight training device, for which the course applies prior to single-engine class. provided it is representative of the aircraft for enrolling in the flight portion of an (b) A type rating in an airplane category— which the course is approved, meets additional aircraft category or additional multiengine class. requirements of this paragraph, and the aircraft class rating course. (c) A type rating in a rotorcraft category— training is given by an instructor. helicopter class. 3. Aeronautical knowledge training. Each (2) Training in a flight simulator that meets (d) A type rating in a powered-lift category. approved course for an additional aircraft the requirements of § 141.41(a) of this part, (e) Other aircraft type ratings specified by category rating and additional aircraft class may be credited for a maximum of 50 percent the Administrator through the aircraft type rating must include the total number of hours certificate procedures. of the total flight training hour requirements of training in all the aeronautical knowledge 2. Eligibility for enrollment. Prior to of the approved course, or of this section, areas appropriate to the aircraft rating and enrolling in the flight portion of an aircraft whichever is less. pilot certificate level for which the course type rating course, a person must hold at (3) Training in a flight training device that applies. least a private pilot certificate and: meets the requirements of § 141.41(b) of this 4. Flight training. (a) Each approved course (a) An instrument rating in the category part, may be credited for a maximum of 25 for an additional aircraft category rating or and class of aircraft that is appropriate to the percent of the total flight training hour additional aircraft class must include the aircraft type rating for which the course requirements of the approved course, or of total number of hours of flight training on all applies, provided the aircraft’s type this section, whichever is less. of the approved areas of operation of this certificate does not have a VFR limitation; or (4) Training in the flight simulators or paragraph appropriate to the aircraft rating (b) Be concurrently enrolled in an flight training devices described in and pilot certificate level for which the instrument rating course in the category and paragraphs (b)(2) and (b)(3) of this section, if course applies. class of aircraft that is appropriate to the used in combination, may be credited for a (b) For the use of flight simulators or flight aircraft type rating for which the course maximum of 50 percent of the total flight training devices: applies, and pass the required instrument training hour requirements of the approved (1) The course may include training in a rating practical test concurrently with the course, or of this section, whichever is less. flight simulator or flight training device, aircraft type rating practical test. However, credit training in a flight training provided it is representative of the aircraft for 3. Aeronautical knowledge training. (a) device that meets the requirements of which the course is approved, meets the Each approved course must include at least § 141.41(b) cannot exceed the limitation requirements of this paragraph, and the 10 hours of ground training on the provided for in paragraph (b)(3) of this training is given by an instructor. aeronautical knowledge areas listed in section. (2) Training in a flight simulator that meets paragraph (b) of this section, appropriate to (c) Each approved course must include the the requirements of § 141.41(a) of this part the aircraft type rating for which the course flight training on the areas of operation listed may be credited for a maximum of 10 percent applies. of the total flight training hour requirements in this paragraph, that are appropriate to the (b) Ground training must include the aircraft category and class rating for which of the approved course, or of this section, following aeronautical areas: whichever is less. the course applies: (1) Proper control of airspeed, (1) A type rating for an airplane—single- (3) Training in a flight training device that configuration, direction, altitude, and engine course: (i) Preflight preparation; meets the requirements of § 141.41(b) of this attitude in accordance with procedures and (ii) Preflight procedures; part may be credited for a maximum of 5 limitations contained in the aircraft’s flight (iii) Takeoff and departure phase; percent of the total flight training hour manual, checklists, or other approved requirements of the approved course, or of material appropriate to the aircraft type; (iv) In-flight maneuvers; this section, whichever is less. (2) Compliance with approved en route, (v) Instrument procedures; (4) Training in the flight simulators or instrument approach, missed approach, ATC, (vi) Landings and approaches to landings; flight training devices described in or other applicable procedures that apply to (vii) Normal and abnormal procedures; paragraphs (b)(2) and (b)(3) of this section, if the aircraft type; (viii) Emergency procedures; and used in combination, may be credited for a (3) Subjects requiring a practical (ix) Postflight procedures. maximum of 10 percent of the total flight knowledge of the aircraft type and its (2) A type rating for an airplane— training hour requirements of the approved powerplant, systems, components, multiengine course: (i) Preflight preparation; course, or of this section, whichever is less. operational, and performance factors; (ii) Preflight procedures; However, credit for training in a flight (4) The aircraft’s normal, abnormal, and (iii) Takeoff and departure phase; training device that meets the requirements emergency procedures, and the operations (iv) In-flight maneuvers; of § 141.41(b) cannot exceed the limitation and limitations relating thereto; (v) Instrument procedures; provided for in paragraph (c)(3) of this (5) Appropriate provisions of the approved (vi) Landings and approaches to landings; section. aircraft’s flight manual; (vii) Normal and abnormal procedures; 16366 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(viii) Emergency procedures; and 4. Use of flight simulators or flight training (2) Safe piloting operating practices and (ix) Postflight procedures. devices. (a) The approved special preparation procedures for performing aircraft (3) A type rating for a powered-lift course: course may include training in a flight maintenance, quality assurance, and (i) Preflight preparation; simulator or flight training device, provided certification test flight operations; (ii) Preflight procedures; it is representative of the aircraft for which (3) Applicable parts of this chapter that (iii) Takeoff and departure phase; the course is approved, meets requirements pertain to aircraft maintenance, quality (iv) In-flight maneuvers; of this paragraph, and the training is given assurance, and certification tests; and (v) Instrument procedures; by an instructor. (4) Test pilot duties and responsibilities. (vi) Landings and approaches to landings; (b) Training in a flight simulator that meets (b) 15 hours of flight training on test pilot (vii) Normal and abnormal procedures; the requirements of § 141.41(a) of this part, duties and responsibilities. (viii) Emergency procedures; and may be credited for a maximum of 10 percent 9. Special operations course. An approved (ix) Postflight procedures. of the total flight training hour requirements special preparation course for pilots in (4) A type rating for a rotorcraft— of the approved course, or of this section, special operations that are mission-specific helicopter course: (i) Preflight preparation; whichever is less. for certain aircraft must include at least the (ii) Preflight procedures; (c) Training in a flight training device that following— (iii) Takeoff and departure phase; meets the requirements of § 141.41(b) of this (a) Aeronautical knowledge training on: (iv) In-flight maneuvers; part, may be credited for a maximum of 5 (1) Performing that special flight operation; (v) Instrument procedures; percent of the total flight training hour (2) Safe piloting operating practices and (vi) Landings and approaches to landings; requirements of the approved course, or of procedures for performing that special flight (vii) Normal and abnormal procedures; this section, whichever is less. operation; (viii) Emergency procedures; and (d) Training in the flight simulators or (3) Applicable parts of this chapter that (ix) Postflight procedures. flight training devices described in pertain to that special flight operation; and (5) Other aircraft type ratings specified by paragraphs (b) and (c) of this section, if used (4) Pilot in command duties and the Administrator through aircraft type in combination, may be credited for a responsibilities for performing that special certificate procedures: (i) Preflight maximum of 10 percent of the total flight flight operation. preparation; training hour requirements of the approved (b) Flight training: (1) On that special flight operation; and (ii) Preflight procedures; course, or of this section, whichever is less. (2) To develop skills, competency, (iii) Takeoff and departure phase; However, credit for training in a flight proficiency, resourcefulness, self-confidence, (iv) In-flight maneuvers; training device that meets the requirements and self-reliance in the student for (v) Instrument procedures; of § 141.41(b) cannot exceed the limitation provided for in paragraph (c) of this section. performing that special flight operation in a (vi) Landings and approaches to landings; safe manner. 5. Stage check and end-of-course tests. (vii) Normal and abnormal procedures; 10. Pilot refresher course. An approved Each person enrolled in a special preparation (viii) Emergency procedures; and special preparation pilot refresher course for course must satisfactorily accomplish the (ix) Postflight procedures. a pilot certificate, aircraft category and class stage checks and end-of-course tests, in 5. Stage checks and end-of-course tests. (a) rating, or an instrument rating must include accordance with the school’s approved Each student enrolled in an aircraft type at least the following— rating course must satisfactorily accomplish training course, consisting of the approved (a) 4 hours of aeronautical knowledge the stage checks and end-of-course tests, in areas of operation that are appropriate to the training on: accordance with the school’s approved operating privileges or authorization sought, (1) The aeronautical knowledge areas that training course, consisting of the approved and for which the course applies. are applicable to the level of pilot certificate, areas of operation that are appropriate to the 6. Agricultural aircraft operations course. aircraft category and class rating, or aircraft type rating for which the course An approved special preparation course for instrument rating, as appropriate, that pertain applies at the airline transport pilot pilots in agricultural aircraft operations must to that course; certificate level; and include at least the following— (2) Safe piloting operating practices and (b) Each student must demonstrate (a) 25 hours of training on: procedures; and satisfactory proficiency prior to being (1) Agricultural aircraft operations; (3) Applicable provisions of parts 61 and endorsed to operate an aircraft in solo flight. (2) Safe piloting operating practices and 91 of this chapter for pilots. procedures for handling, dispensing, and (b) 6 hours of flight training on the Appendix K to Part 141—Special disposing agricultural and industrial Preparation Courses approved areas of operation that are chemicals, including operating in and around applicable to the level of pilot certificate, 1. Applicability. This appendix prescribes congested areas; and aircraft category and class rating, or the minimum curriculum for the special (3) Applicable provisions of part 137 of instrument rating, as appropriate, for preparation courses that are listed in § 141.11 this chapter. performing pilot-in-command duties and of this part. (b) 15 hours of flight training on responsibilities. 2. Eligibility for enrollment. Prior to agricultural aircraft operations. 11. Flight instructor refresher course. An enrolling in the flight portion of a special 7. Rotorcraft external-load operations approved special preparation flight instructor preparation course, a person must hold a course. An approved special preparation refresher course must include at least a pilot certificate, flight instructor certificate, course for pilots of external-load operations combined total of 16 hours of aeronautical or ground instructor certificate that is must include at least the following— knowledge training, flight training, or any appropriate for the exercise of the operating (a) 10 hours of training on: combination of ground and flight training on privileges or authorizations sought. (1) Rotorcraft external-load operations; the following— 3. General requirements. (a) To be (2) Safe piloting operating practices and (a) Aeronautical knowledge training on: approved, a special preparation course must: procedures for external-load operations, (1) The aeronautical knowledge areas of (1) Meet the appropriate requirements of including operating in and around congested part 61 of this chapter that apply to student, this appendix; and areas; and recreational, private, and commercial pilot (2) Prepare the graduate with the necessary (3) Applicable provisions of part 133 of certificates and instrument ratings; skills, competency, and proficiency to this chapter. (2) The aeronautical knowledge areas of exercise safely the privileges of the (b) 15 hours of flight training on external- part 61 of this chapter that apply to flight certificate, rating, or authorization for which load operations. instructor certificates; the course is established. 8. Test pilot course. An approved special (3) Safe piloting operating practices and (b) An approved special preparation course preparation course for pilots in test pilot procedures, including airport operations and must include ground and flight training on duties must include at least the following— operating in the National Airspace System; the operating privileges or authorization (a) Aeronautical knowledge training on: and sought, for developing competency, (1) Performing aircraft maintenance, (4) Applicable provisions of parts 61 and proficiency, resourcefulness, self-confidence, quality assurance, and certification test flight 91 of this chapter that apply to pilots and and self-reliance in the student. operations; flight instructors. Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16367

(b) Flight training to review: (d) Applicable provisions of parts 61 and (b) An adequate number of total (1) The approved areas of operations 91 of this chapter that apply to pilots and aeronautical knowledge training hours applicable to student, recreational, private, ground instructors. appropriate to the aircraft rating and pilot certificate level for which the course applies. and commercial pilot certificates and Appendix L to Part 141—Pilot Ground 4. Stage checks and end-of-course tests. instrument ratings; and School Course (2) The skills, competency, and proficiency Each person enrolled in a pilot ground school 1. Applicability. This appendix prescribes course must satisfactorily accomplish the for performing flight instructor duties and the minimum curriculum for a pilot ground stage checks and end-of-course tests, in responsibilities. school course required under this part. accordance with the school’s approved 12. Ground instructor refresher course. An 2. General requirements. An approved training course, consisting of the approved approved special preparation ground course of training for a pilot ground school areas of operation that are appropriate to the instructor refresher course must include at must include training on the aeronautical operating privileges or authorization that least 16 hours of aeronautical knowledge knowledge areas that are: graduation from the course will permit and training on: (a) Needed to safely exercise the privileges for which the course applies. (a) The aeronautical knowledge areas of of the certificate, rating, or authority for part 61 of this chapter that apply to student, which the course is established; and PART 143ÐGROUND INSTRUCTORS recreational, private, and commercial pilots (b) Conducted to develop competency, [REMOVED AND RESERVED] and instrument rated pilots; proficiency, resourcefulness, self-confidence, and self-reliance in each student. 5. Part 143 is removed and reserved. (b) The aeronautical knowledge areas of 3. Aeronautical knowledge training Issued in Washington, D.C., on March 19, part 61 of this chapter that apply to ground requirements. Each approved pilot ground 1997. instructors; school course must include: Barry L. Valentine, (c) Safe piloting operating practices and (a) The aeronautical knowledge training procedures, including airport operations and that is appropriate to the aircraft rating and Acting Administrator. operating in the National Airspace System; pilot certificate level for which the course [FR Doc. 97–7450 Filed 3–27–97; 11:28 am] and applies; and BILLING CODE 4910±13±P