Federal Register/Vol. 83, No. 124/Wednesday, June 27, 2018

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30232 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION and other information related to this 2. LODAs for Training and Testing for final rule, see ‘‘How to Obtain Certification Federal Aviation Administration Additional Information’’ in the 3. Economic Burden 4. Operations for Compensation or Hire SUPPLEMENTARY INFORMATION section of 14 CFR Parts 1, 60, 61, 63, 65, 91, 121, 5. Exemptions this document. 6. FAA Interpretation of § 91.313 135, and 141 FOR FURTHER INFORMATION CONTACT: K. Single Pilot Operations of Former [Docket No.: FAA–2016–6142; Amdt. Nos. Marcel Bernard, Airmen Certification Military Airplanes and Other Airplanes 1–73, 60–6, 61–142, 63–41, 65–58, 91–351, and Training Branch, Flight Standards With Special Airworthiness Certificates 121–381, 135–140, 141–20] Service, Federal Aviation L. Technical Corrections and Nomenclature Change RIN 2120–AK28 Administration, 55 M Street SE, 8th Floor, Washington, DC 20003–3522; IV. Discussion of Effective Dates for Rule Provisions Regulatory Relief: Aviation Training telephone (202) 267–1100; email V. Advisory Circulars and Other Guidance Devices; Pilot Certification, Training, [email protected]. Materials and Pilot Schools; and Other SUPPLEMENTARY INFORMATION: VI. Section-By-Section Discussion of the Provisions Final Rule Contents VII. Regulatory Notices and Analyses AGENCY: Federal Aviation List of Abbreviations Frequently Used in A. Regulatory Evaluation Administration (FAA), DOT. This Document B. Regulatory Flexibility Determination C. International Trade Impact Assessment ACTION: Final rule. I. Executive Summary II. Authority for This Rulemaking D. Unfunded Mandates Assessment SUMMARY: This rulemaking relieves III. Discussion of the Final Rule E. Paperwork Reduction Act A. Aviation Training Devices F. International Compatibility and burdens on pilots seeking to obtain Cooperation aeronautical experience, training, and 1. Definition of Aviation Training Device 2. Instructor Requirement When Using a G. Environmental Analysis certification by increasing the allowed Full Flight Simulator, Flight Training VIII. Executive Order Determinations use of aviation training devices. Use of Device, or Aviation Training Device To A. Executive Order 13132, Federalism these training devices has proven to be Complete Instrument Recency B. Executive Order 13211, Regulations an effective, safe, and affordable means Experience That Significantly Affect Energy Supply, of obtaining pilot experience. This 3. Instrument Recency Experience Distribution, or Use rulemaking also addresses changing Requirements C. Executive Order 13609, Promoting B. Second in Command Time in Part 135 International Regulatory Cooperation technologies by accommodating the use D. Executive Order 13771, Reducing of technically advanced airplanes as an Operations 1. Airplane Requirements Regulation and Controlling Regulatory alternative to the use of older complex 2. Part 135 Flight Instructors Costs single engine airplanes for the 3. Logging Requirements IX. Additional Information commercial pilot training and testing 4. Miscellaneous Comments on the SIC A. Availability of Rulemaking Documents requirements. Additionally, this PDP B. Small Business Regulatory Enforcement rulemaking broadens the opportunities 5. Effective Date and Implementation Fairness Act for military instructor pilots or pilot C. Instrument Recency Experience for SICs List of Abbreviations Frequently Used Serving in Part 135 Operations examiners to obtain civilian ratings in This Document based on military experience, expands D. Completion of Commercial Pilot opportunities for logging pilot time, and Training and Testing in Technically AATD—Advanced aviation training device Advanced Airplanes removes a burden from sport pilot AC—Advisory Circular 1. Definition of Technically Advanced ATD—Aviation training device instructors by permitting them to serve Airplane ATP—Airline transport pilot as safety pilots. Finally, this rulemaking 2. Amendment to Aeronautical Experience BATD—Basic aviation training device includes changes to some of the Requirement for Commercial Pilots CFI—Certificated flight instructor provisions established in an August 3. Amendments to Commercial Pilot and FFS—Full flight simulator 2009 final rule. These actions are Flight Instructor Practical Test Standards FTD—Flight training device necessary to bring the regulations in line E. Flight Instructors With Instrument FSTD—Flight simulation training device with current needs and activities of the Ratings Only ICAO—International Civil Aviation general aviation training community F. Light-Sport Aircraft Pilots and Flight Organization Instructors and pilots. IFR—Instrument flight rules 1. Sport Pilot Flight Instructor Training IPC—Instrument proficiency check DATES: This rule is effective July 27, Privilege LOA—Letter of authorization 2018, except for the amendments to 2. Credit for Training Obtained as a Sport LODA—Letter of deviation authority §§ 61.31(e)(2) and (f)(2), 61.129(a)(3)(ii), Pilot MFD—Multi-function display (b)(3)(ii) and (j), 61.197, 61.199, 61.412, G. Pilot School Use of Special Curricula NPRM—Notice of proposed rulemaking 61.415, 91.109, and appendix D to part Courses for Renewal of Certificate PFD—Primary flight display 141, which are effective August 27, H. Temporary Validation of Flightcrew PIC—Pilot in command Members’ Certificates by Part 119 2018; the amendments to §§ 61.1 SIC—Second in command Certificate Holders Conducting TAA—Technically advanced airplane (amendatory instruction 10 revising the Operations Under Part 121 or 135 and by VFR—Visual flight rules definition of ‘‘Pilot time’’), 61.39, Fractional Ownership Program Managers 61.51(e) and (f), 61.57(c), 61.159(a), (c), Conducting Operations Under Part 91, I. Executive Summary (d), (e), and (f), 61.161(c), (d), and (e), Subpart K On May 12, 2016, the FAA published 135.99, and 141.5(d) which are effective I. Military Competence for Flight a notice of proposed rulemaking November 26, 2018; and the Instructors (NPRM) titled ‘‘Regulatory Relief: J. Use of Aircraft Certificated in the amendments to §§ 61.3, 63.3, 63.16, Aviation Training Devices; Pilot 91.313, 91.1015, 121.383, and 135.95, Restricted Category for Pilot Flight Training and Checking Certification, Training, and Pilot which are effective December 24, 2018. 1. Flights Necessary To Accomplish Work Schools; and Other Provisions.’’ 1 In the ADDRESSES: For information on where to Activity Directly Associated With the obtain copies of rulemaking documents Special Purpose 1 81 FR 29720.

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NPRM, the FAA proposed amendments allowed an alternative to the complex relieving, no person affected is to reduce or relieve existing burdens on airplane requirement for commercial anticipated to incur any costs associated the general aviation community. Several pilot training; and permitted pilots to with the relieving nature of the of the proposed changes resulted from credit some of their sport pilot training provision. The FAA assumes that as suggestions from the general aviation toward a higher certificate. these provisions are relieving, all community through petitions for Table 1 summarizes the provisions persons affected will use the provisions rulemaking, industry/agency meetings, proposed in the NPRM, the changes as they will be beneficial. For those and requests for legal interpretation. being made to those provisions in this provisions that are voluntary, persons The proposed changes would have final rule, the Code of Federal who wish to use the new provisions will increased the use of aviation training Regulations sections affected, and the do so only if the benefit they would devices (ATDs), flight training devices total cost savings (benefits) for a 5-year accrue from their use exceeds any cost (FTDs), and full flight simulators (FFSs); analysis period. All of the provisions in they might incur to comply with the expanded opportunities for pilots in this rule are either relieving or part 135 operations to log flight time; voluntary. For those provisions that are new provision.

TABLE 1—SUMMARY OF PROPOSED PROVISIONS AND CHANGES FROM NPRM

Significant Provision Summary of changes from 14 CFR §§ affected Summary of NPRM provision NPRM costs/benefits

Aviation Training Devices

Instructor requirement Remove the requirement to have No longer describes the training 61.51(g) ...... 2016$–$12.5M. when using an an instructor present when ac- devices as ‘‘approved’’. PV = Present Value. FFS, FTD, or ATD complishing flight experience re- PV-3%—$11.4M. to complete instru- quirements for instrument PV-7%—$10.3M. ment recency. recency in an FAA-approved FFS, FTD, or ATD. Instrument recency Reduce frequency of instrument Allows any combination of aircraft, 61.57(c) ...... 2016$–83.1M. experience require- recency flight experience accom- FFS, FTD, or ATD to satisfy the PV-3%—$76.1M. ments. plished exclusively in ATDs from instrument recency requirements. PV-7%—68.2M. every two months to every six No longer describes the training months. devices as ‘‘approved’’. Reduce number of tasks and remove three-hour flight time requirement when accomplishing instrument recency flight experience in ATDs.

Pilot Certification, Training, and Pilot Schools

Second in command Allow a pilot to log SIC flight time Adds the option to use a single-en- 61.1; 61.39(a); Minimal Cost Sav- for part 135 oper- in a multiengine airplane in a gine turbine-powered airplane in 61.51(e), (f); ings—Not Quan- ations. part 135 operation that does not an approved SIC PDP. 61.159; 61.161(c), tified. require an SIC. No longer requires the PIC to be a (d), (e); 135.99(c), part 135 flight instructor. (d). Adds crew pairing requirements to ensure the PIC is qualified and has completed mentoring training. Allows a pilot to log SIC time obtained in part 91 operations conducted in accordance with the certificate holder’s OpSpec. Allows pilots to credit SIC time logged under a SIC PDP toward the specific flight time requirements for ATP certification. Instrument recency Remove the reference to part 61 in Allows any combination of aircraft 135.245 ...... Minimal Cost Sav- experience for § 135.245(a) and add the current and FSTD to satisfy the SIC in- ings—Not Quan- SICs serving in instrument experience require- strument recent experience re- tified. Part 135 operations. ments in § 61.57(c)(1) and (2) to quirements. new § 135.245(c). Includes an option for part 135 SICs to reestablish instrument recency.

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TABLE 1—SUMMARY OF PROPOSED PROVISIONS AND CHANGES FROM NPRM—Continued

Significant Provision Summary of changes from 14 CFR §§ affected Summary of NPRM provision NPRM costs/benefits

Completion of com- Allow TAA to be used to meet Includes a general definition of 61.1; 61.129(a)(3)(ii), 2016$–$3.1M. mercial pilot train- some or all of the currently re- TAA in § 61.1, and relocates the (j); appendix D to PV-3%—$2.8M. ing and testing in quired 10 hours of training that TAA requirements from the pro- part 141 61.31(e) PV-7%—$2.6M. technically ad- must be completed in a complex posed definition to new and (f). vanced airplanes or turbine-powered airplane for § 61.129(j). (TAA). the single engine commercial Revises the proposed require- pilot certificate. TAA could be ments for TAAs to accommodate used in combination with, or in- existing and new technology. stead of, a complex or turbine- Allows a person to use any com- powered airplane to meet the bination of turbine-powered, aeronautical experience require- complex or technically advanced ment and could be used to com- airplanes to satisfy the training plete the practical test. requirement. Clarifies that the option to use a TAA applies to all commercial pilot applicants for a single-engine class rating (land and sea). Adds an exception to § 61.31(e) and (f) to allow a competency check under part 135 to meet the requirements for training in complex or high performance airplanes facilitating PIC operations. In Notice N 8900.463, Use of a Complex Airplane During a Commercial Pilot or Flight In- structor Practical Test, the FAA implemented a policy change that allows any single engine airplane to be used for the commercial pilot and flight instructor practical tests. Flight instructors with Remove the requirement that in- Requires an instrument only in- 61.195(b), (c) ...... Minimal Cost Sav- instrument ratings strument only instructors have structor to possess an airplane ings—Not Quan- only. category and class ratings on category multiengine class rating tified. their flight instructor certificates on his or her flight instructor cer- to provide instrument training. tificate when providing instrument training in a multiengine airplane. Sport pilot flight in- Allow a sport pilot only instructor to Allows sport pilot instructors to re- 61.412; 61.415(h); Minimal Cost Sav- structor training provide training on control and ceive the training required by 91.109(c). ings—Not Quan- privilege. maneuvering solely by reference § 61.412 in an ATD. tified. to the flight instruments (for Allows instrument only instructors sport pilot students only). to provide the training and endorsement required by § 61.412 to sport pilot instructors. Credit for training ob- Allow a portion of sport pilot train- Allows all training received from a 61.99; 61.109(l) ...... 2016$–$14.0M. tained as a sport ing to be credited for certain sport pilot instructor to be cred- PV-3%—$13.3M. pilot. aeronautical experience require- ited towards a higher certificate PV-7%—$12.3M. ments for a higher certificate or or rating. rating. Allows training received from a sport pilot instructor on the control and maneuvering of an aircraft solely by reference to the instruments to be credited towards a private pilot certificate, provided the sport pilot instructor satisfies § 61.412. Include special cur- Allow part 141 pilot schools to No changes ...... 141.5(d) ...... Minimal Cost Sav- ricula courses in count FAA approved ‘‘special ings—Not Quan- renewal of pilot curricula’’ course completions tified. school certificate. (graduates of these courses) toward certificate renewal requirements.

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TABLE 1—SUMMARY OF PROPOSED PROVISIONS AND CHANGES FROM NPRM—Continued

Significant Provision Summary of changes from 14 CFR §§ affected Summary of NPRM provision NPRM costs/benefits

Other Provisions

Temporary validation Allow a confirmation document Adds language to also allow part 61.3; 63.3; 63.16; Minimal Cost Sav- of flightcrew mem- issued by a part 119 certificate 91, subpart K program man- 91.1015(h); ings—Not Quan- bers’ certificates. holder authorized to conduct op- agers to issue temporary 121.383; 135.95. tified. erations under part 121 or 135 verification documents. to serve as a temporary verification of the airman certificate and/or medical certificate during operations within the United States for up to 72 hours. Military competence Allow the addition of a flight in- Revises reinstatement require- 61.197; 61.199 ...... Minimal Cost Sav- for Flight Instruc- structor rating based on military ments to accurately reflect the ings—Not Quan- tors. competency to ‘‘simultaneously process by which a military in- tified. qualify’’ for the reinstatement of structor pilot acquires an addi- an expired FAA flight instructor tional aircraft rating qualification. certificate. Provides military instructor pilots two options for reinstatement, consistent with the reinstatement requirements for civilian holders of expired flight instructor certificates. Restricted Category Allow an operator to request and Removes proposed requirement 91.313 ...... Minimal Cost Sav- Aircraft type train- obtain a letter of deviation au- that personnel receiving flight ings—Not Quan- ing and testing al- thority to conduct training and crewmember training in special tified. lowances. testing and other directly related purpose operations be employed activities for employees to obtain by the operator providing the a type rating in a restricted cat- training. egory aircraft. Specifies that relocation flights include delivery and repositioning flights. Single Pilot Oper- Allow pilots to operate certain Revised to accommodate the new 91.531 ...... Minimal Cost Sav- ations of Former large and turbojet-powered air- airplane certification levels ings—Not Quan- Military Airplanes planes (specifically former mili- adopted in the part 23 final rule. tified. and Other Air- tary and some airplanes not type planes with Special certificated in the standard cat- Airworthiness Cer- egory) without a pilot who is tificates. designated as SIC.

II. Authority for This Rulemaking individual is qualified for, and was opposition to some provisions, no The FAA’s authority to issue rules on physically able to perform the duties commenters opposed the NPRM in its aviation safety is found in Title 49 of the related to, the position authorized by entirety. United States Code (49 U.S.C.). Subtitle the certificate. Because of the specific nature of each I, section 106 describes the authority of III. Discussion of the Final Rule provision, the FAA discusses each the FAA Administrator. Subtitle VII, provision separately. On May 12, 2016, the FAA published Aviation Programs, describes in more A. Aviation Training Devices detail the scope of the agency’s a NPRM proposing a variety of authority. provisions intended to provide relief This final rule amends the regulations This rulemaking is promulgated from regulatory burdens to the general governing the use of aviation training under the authority described in 49 aviation community, commercial pilots, devices (ATDs). As stated in the U.S.C. 106(f), which establishes the military flight instructors, and those NPRM,2 the FAA approves ATDs for use authority of the Administrator to using new technology in aviation. The in pilot certification training under the promulgate regulations and rules; 49 FAA proposed changes in 12 different authority provided in 14 CFR 61.4(c). U.S.C. 44701(a)(5), which requires the subject areas to 14 CFR parts 61, 63, 91, Title 14 of the Code of Federal Administrator to promote safe flight of 121, 135, and 141. Regulations (14 CFR) part 60 governs civil aircraft in air commerce by The FAA received and considered a the qualification of flight simulation prescribing regulations and setting total of 100 comments to the NPRM. training devices (FSTD), which include minimum standards for other practices, Commenters included 63 individuals, full flight simulators (FFSs) levels A methods, and procedures necessary for 15 aviation-related companies, and 12 through D and flight training devices safety in air commerce and national aviation-related organizations. Several (FTDs) levels 4 through 7. As discussed security; and 49 U.S.C. 44703(a), which commenters provided more than one in the following sections, the FAA is: (1) requires the Administrator to prescribe comment. The majority of commenters Adding a definition of ATD in § 61.1; (2) regulations for the issuance of airman supported various proposed provisions, removing the requirement for an certificates when the Administrator and many recommended changes to the finds, after investigation, that an proposed rule language. While there 2 81 FR at 29723.

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instructor to be present when a pilot production of additional identical In commenting on the ATD definition, accomplishes his or her instrument models by the manufacturer. However, AOPA noted that the definition of flight recency in an FFS, FTD, or ATD; and (3) the FAA reserves the right to re-evaluate simulation training device (FSTD) is amending the regulations to allow pilots any ATD used to meet pilot certification inconsistent between part 1 and part 60. to accomplish instrument recency or experience requirements.5 Additional AOPA recommended revising the part 1 experience in ATDs at the same interval conditions and limitations in the LOAs definition to conform with the part 60 allowed for FFSs and FTDs. explain that any changes or definition by adding the word ‘‘full’’ modifications made to the ATD that before ‘‘flight simulator.’’ 1. Definition of Aviation Training have not been approved in writing by The FAA is adopting AOPA’s Device the General Aviation and Commercial recommendation, which is consistent The FAA proposed to define ATD as Division may terminate the LOA. with the FAA’s proposal to replace the a training device, other than a FFS or An individual commenter asked the words ‘‘flight simulator’’ with the words FTD, that has been evaluated, qualified, FAA to clarify whether the definition ‘‘full flight simulator’’ wherever they and approved by the Administrator.3 eliminates the basic ATD and advanced appear in the sections the FAA The FAA proposed to add this ATD categories described in Advisory determined needed to be revised.8 definition to § 61.1 to differentiate ATDs Circular (AC) 61–136. The individual 2. Instructor Requirement When Using a from FFSs and FTDs qualified under also asked the FAA to update the related Full Flight Simulator, Flight Training part 60 and to establish that an ATD guidance and advisory materials with Device, or Aviation Training Device To must be evaluated, qualified, and this clarification. Complete Instrument Recency approved by the Administrator to be The ATD definition does not Experience used to meet aeronautical experience eliminate the qualification of an ATD as requirements under part 61. basic or advanced. The FAA is adding In the NPRM, the FAA proposed to The FAA received 3 comments on the a general definition of ATD to § 61.1 to amend § 61.51(g) by revising paragraph proposed definition of ‘‘aviation differentiate ATDs from FFSs and FTDs (g)(4) and adding a new paragraph (g)(5) training device.’’ qualified under part 60 and to establish to allow a pilot to accomplish The Society of Aviation and Flight that an ATD must be evaluated, instrument recency experience when Educators (SAFE) concurred with the qualified, and approved by the using a FFS, FTD, or ATD without an proposal. The Aircraft Owners and Administrator. The FAA will continue instructor present, provided a logbook Pilots Association (AOPA), however, to provide guidance in AC 61–136, as or training record is maintained to recommended removing the words amended, to qualify an ATD as basic or specify the approved training device, ‘‘evaluated’’ and ‘‘qualified’’ from the advanced. Comparatively, the definition time, and the content as appropriate.9 proposed definition because they are in part 1 for a FTD does not delineate Under the proposal, a pilot would still redundant with ‘‘approved’’ and qualification levels.6 have been required to have an instructor because the FAA may, at times, only The FAA notes that current present when using time in a FFS, FTD, need to ‘‘approve’’ a previously regulations in parts 61 and 141 or ATD to acquire instrument approved ATD model. expressly differentiate instrument aeronautical experience for a pilot The FAA is retaining the terms training time allowances for ‘‘basic’’ certificate or rating. ‘‘evaluated’’ and ‘‘qualified’’ because the verses ‘‘advanced’’ ATDs.7 FAA Order The FAA received 27 comments, 9 evaluation and qualification of an ATD 8900.1, Volume 11, Chapter 10, Section from organizations and 18 from are important parts of the approval 1, Aviation Training Device also individuals. The majority of process. An ATD is evaluated and describes different allowances for basic commenters overwhelmingly supported qualified before it is approved under and advanced ATDs. The FAA provides the proposal noting various benefits, § 61.4(c).4 Evaluating and qualifying an LOA for each training device that including reduced costs for pilots, less ATDs validates their effectiveness for specifies the level of approval (i.e., basic time commitment, reduced airspace use successful training. In response to or advanced) for the ATD and the and congestion, increased number of AOPA’s comment regarding previously allowable credits, thereby mitigating instrument current pilots, and increased approved ATD models, the FAA finds any concern about understanding the pilot proficiency and safety. Several that defining an ATD, in part, as different allowances. commenters noted how the use of FFSs, ‘‘evaluated, qualified, and approved’’ The FAA is adopting the definition of FTDs, and ATDs enhances training by will not adversely affect the use of ATD ATD in § 61.1 as proposed. allowing more opportunities to practice models that have been previously important skills and experience a approved. Unlike FSTD which must be 5 See FAA Order 8900.1, Vol. 11, Ch. 10, Sec. 1, variety of approaches, conditions, and individually qualified under part 60, the Para. 11–10–1–19 Inspector Oversight (explaining equipment failures. FAA has permitted the use of ATDs that how the jurisdictional FSDO may conduct an As stated in the NPRM,10 because have been produced identical to the inspection or surveillance of any FAA-approved ATD located within its geographical area that an instrument recency experience is not model evaluated, qualified, and owner or operator uses to satisfy experience or training, the FAA no longer believes it approved utilizing a standard letter of training requirements for pilot certificates or is necessary to have an instructor authorization (LOA) for over 12 years. ratings). present when instrument recency After the FAA provides initial approval 6 14 CFR part 1 defines ‘‘flight training device’’ as a replica of aircraft instruments, equipment, panels, experience is accomplished in an FSTD of a specific model, that approval covers and controls in an open flight deck area or an enclosed aircraft cockpit replica. It includes the 8 81 FR at 29745. 3 Prior to this final rule, an ATD was defined in equipment and computer programs necessary to 9 Prior to this final rule, § 61.51(g)(4) required a FAA guidance but not in the regulations. AC 61– represent aircraft (or set of aircraft) operations in pilot accomplishing instrument recency experience 136A defines ATD as a training device, other than ground and flight conditions having the full range in an FFS, FTD, or ATD to have an authorized a FFS or FTD, that has been evaluated, qualified, of capabilities of the systems installed in the device instructor present to observe the time and sign the and approved by the Administrator. This final rule as described in part 60 of the chapter and the pilot’s logbook. The FAA notes that a pilot who codifies the definition in § 61.1. qualification performance standard (QPS) for a performs instrument recency in an aircraft, 4 See AC–61–136A, FAA Approval of Aviation specific FTD qualification level. however, is not required to have an instructor Training Devices and Their Use for Training and 7 See 14 CFR 61.65(h)(2)(i), 141.41(b), and present to observe the time. Experience (November 17, 2014). appendix C to part 141. 10 81 FR at 29724.

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or ATD. The FAA is therefore removing The Aircraft Owners and Pilots a criminal violation of 18 U.S.C. 1001.20 the requirement for an authorized Association (AOPA), National Air Given the deterrence that is currently in instructor to be present when a pilot Transportation Association (NATA), place for the falsification of records, the accomplishes his or her instrument Redbird, Society of Aviation and Flight FAA finds it unnecessary to require recency experience in an FFS, FTD, or Educators (SAFE), and four individuals, instructor supervision when a pilot ATD, as proposed. The FAA is, who identified as either pilots or satisfies the instrument recency however, slightly revising the proposed instructors, generally commented that experience in an FFS, FTD, or ATD. rule language by removing the word bringing FFS, FTD, and ATD instrument Furthermore, the FAA is not requiring ‘‘approved’’ because an FFS or FTD recency requirements in line with the the FFS, FTD, or ATD to produce a used to satisfy § 61.51(g)(5) is qualified, requirements when using an actual flight track and log pilot activities as not approved, by the National Simulator aircraft makes sense. These commenters proof of performing the required tasks Program under part 60.11 Furthermore, indicated that if a pilot can be trusted for maintaining instrument recency; nor § 61.51(g)(4) retains the requirement for to log instrument recency in an aircraft is the FAA imposing more stringent an authorized instructor to be present in without an instructor present, then he or recordkeeping requirements on the an FSTD or ATD when a pilot is logging she should be trusted to do the same in flight schools who own such FFS, FTD, training time to meet the aeronautical an FFS, FTD, or ATD. or ATDs or on the pilots who use the experience requirements for a certificate Four commenters expressed concern, FFS, FTD, or ATD to maintain or rating.12 however, that there is potential for instrument recency. These suggestions As with instrument recency falsification of logbook entries by pilots are outside the scope of this rulemaking. experience accomplished in an aircraft, if they are not supervised when using an American Flyers and several § 61.57(c) requires the pilot to log the FFS, FTD, or ATD to satisfy instrument individuals asserted that using an FFS, required tasks in his or her logbook and recency requirements. To reduce the FTD, or ATD to satisfy instrument § 61.51(b) requires certain information risk of falsification, one individual recency requirements, particularly to be logged, including the type and recommended that FAA require the without an instructor present, is not identification of the FSTD or ATD.13 simulator to produce a flight track and comparable to operating an aircraft. The Additionally, § 61.51(g)(5) requires the log all pilot activities and actions during individual commenters noted that with pilot to maintain a logbook or training the simulator session. The commenter FFSs, FTDs, or ATDs, there is no spatial record 14 that specifies the training recommended that the flight school disorientation, nothing truly device, time, and content. The FAA keep this documentation, and the pilot unexpected, no other aircraft, no therefore emphasizes the importance of retain a copy of this simulator session equipment problems, no approach clearly documenting in one’s logbook to support the logbook entry to satisfy changes, no interaction from air traffic the type and identification of the FFS, the instrument recency experience control, no threat to life, and rules can FTD, or ATD used to maintain recency requirement. be violated. Two individuals noted that Because instructor supervision is not and a detailed record of the specific an instructor could introduce some of required when a pilot satisfies the tasks completed.15 For ATDs, the FAA these variables in an FSTD or ATD. One instrument recency experience in an recommends retaining a copy of the individual recommended the FAA aircraft,17 similarly, it should not be FAA Letter of Authorization (LOA) for require a flight instructor to introduce required when a pilot satisfies the same the ATD used because the LOA contains real-world scenarios in an ATD as part instrument recency experience in a FFS, the type and model of the ATD that of the instrument recency requirements. FTD, or ATD. A pilot must perform and must be documented in the pilot’s The FAA finds that satisfying log the required tasks regardless of logbook.16 instrument recency experience whether the tasks are accomplished in an aircraft, FFS, FTD, or ATD.18 As requirements in an FFS, FTD or ATD is 11 FFSs and FTDs are qualified by the National several commenters noted, pilots who as beneficial as satisfying the Simulator Program under part 60. FFSs and FTDs requirements in an aircraft regardless of are subsequently approved by a principal satisfy the instrument recency operations inspector (POI) or training center experience in an FFS, FTD, or ATD whether an instructor is present. FFSs, program manager (TCPM) for use in a training should be trusted in the same fashion as FTDs, and ATDs are specifically program. When an FFS or FTD is used outside of those pilots who satisfy the designed to allow a person to replicate a training program, an FFS or FTD is not approved and execute instrument tasks just as by the FAA; it is only qualified by the National requirements in an aircraft. While there Simulator Program under part 60. Therefore, not all is a potential for falsification in both they would in an aircraft. The FAA FSTDs used to satisfy § 61.51(g)(5) will be scenarios, the FAA finds that the qualifies FFSs and FTDs under 14 CFR approved. ATDs are approved by letter of current penalties for falsifying pilot part 60, and the FAA evaluates, authorization from AFS–800, The General Aviation qualifies and approves ATDs under the and Commercial Division. logbooks and records, which include 12 14 CFR 61.51(g)(4), 61.65, 61.129. suspension or revocation of one’s authority provided in 14 CFR 61.4(c) 13 14 CFR 61.51(b)(1)(iv). airman certificate, are a sufficient using specific standards and criteria 14 Although recent flight experience is not deterrent to falsifying the logging described in AC 61–136 (as amended) as training, the required maneuvers may be requirements.19 The FAA notes that one means of compliance. Additionally, accomplished as part of a training program. As the FAA accomplishes on site such, the experience may be logged in a training falsifying a logbook entry would also be record rather than a logbook. functional evaluations of ATDs 15 14 CFR 61.51(b) and (g)(5). For ATDs, the type 17 As discussed further in this section, the verifying that they successfully emulate and identification of the device will be the purpose of the instrument recency experience instrument tasks accurately.21 The FAA manufacturer name and model, which is identified requirement is to ensure the pilot maintains his or further notes that the regulations do not on the LOA for the ATD approval. All qualified her instrument proficiency by performing and require a pilot to experience the FFSs and FTDs will have an FAA identification logging the required instrument experience. A pilot number. who accomplishes instrument recency experience is variables mentioned by the commenters 16 The FAA notes that FFSs and FTDs are not already instrument-rated. Therefore, the FAA issued LOAs. Rather, an FFS or FTD is issued a expects pilots accomplishing the instrument 20 Sec. 1001 prescribes penalties for falsification Statement of Qualification (SOQ), which will recency experience to already be at an acceptable offenses. contain the FAA identification number. 14 CFR level of proficiency. 21 FAA Order 8900.1, Vol. 11, Ch. 10 Aviation 60.15(g). The SOQ must be posted in or adjacent to 18 14 CFR 61.57(c)(1). Training Device, Sec. 1 Approval, Oversight, and the FSTD. 14 CFR 60.9(b)(2). 19 14 CFR 61.59. Authorized Use Under 14 CFR parts 61 and 141.

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as part of the required tasks for instructor to be present in an FSTD or and would potentially benefit from this maintaining instrument recency.22 The ATD will result in a decrease in safety. rule provision. At an average instructor variables identified by the commenters Pilots may accomplish the required rate of $24 per hour for an estimated 4 consist of conditions and events that are tasks under § 61.57(c) in an aircraft in hours per year, the FAA estimated that more specific to training, a practical actual instrument conditions without an it would cost about 2.4 million dollars test, or an instrument proficiency check. instructor present. Allowing pilots to per year for 25,194 pilots to complete Several commenters, including the accomplish the same tasks in an FSTD the recency requirement. These Lancair Owners and Builders or ATD without an instructor present estimates indicate that only 12.5 percent Organization (LOBO), stated that having does not reduce the level of safety. of instrument rated pilots (excluding air an instructor present in the FSS, FTD or LOBO questioned the accuracy of the carrier pilots) would benefit from this ATD improves the pilot’s proficiency. A FAA’s estimates of cost savings, noting rule provision. The FAA finds this to be few individuals stated that a pilot may that the FAA may be overestimating the a reasonably conservative estimate. need additional training and not realize number of pilots that use an FFS, FTD, it without an instructor present. or ATD, to maintain instrument recency. Furthermore, FAA notes that LOBO However, one individual asserted that if LOBO claimed that although the did not provide any alternative a pilot has obtained a certificate after percentage of pilots who possess estimates, LOBO relied on non-scientific completing the minimum hours with an instrument ratings is quite high, non- polling from AOPA, and LOBO failed to instructor and remains current, there is scientific polling by AOPA indicates provide any substantiated statistics. The no requirement for additional training. many of them are not instrument FAA believes new § 61.51(g)(5) will Section 61.57(c) requires a pilot to current. LOBO noted that the FAA significantly reduce cost to the public. perform and log minimum tasks to estimated that removing the As described in the NPRM, the FAA maintain instrument recency; § 61.57(c) requirement for a flight instructor to be believes that new § 61.51(g)(5) will does not impose training or proficiency present would generate a total savings of likely increase the public’s use of FFSs, requirements. An instrument-rated pilot $10.6 million (present value), or $2.4 FTDs or ATDs and notes that the has already demonstrated his or her million annually, all other factors majority of comments supported this proficiency during a practical test with remaining the same. Given there has conclusion. Because the FAA is an examiner. The purpose of the been no polling of the U.S. pilot adopting § 61.51(g)(4) and (5) as instrument recency experience population for training, experience, etc. proposed and no alternative estimates requirement is to ensure the pilot by the FAA since 1990, LOBO were provided, there will be no change maintains his or her instrument questioned the accuracy of these to the NPRM methodology used for this proficiency by performing and logging estimates. estimate. the required instrument experience. The Regulatory Evaluation in the As a general matter, the FAA notes Therefore, the FAA expects pilots NPRM estimated that implementation of that ATDs allow programming and accomplishing the instrument recency this rule provision would result in experience to already be at an present value cost savings of $10.6 practice of many instrument situations, acceptable level of proficiency. The million over a five-year period at a 7 scenarios, and procedures. The current FAA recommends, however, that a pilot percent discount rate. Because the FAA capabilities of ATDs, FTDs, and FFSs seek additional training if he or she is does not require pilots to report allow an instrument rated pilot to uncomfortable with his or her instrument experience data and program and successfully practice performance of the required tasks under capturing such data is difficult if not simulated low visibility weather § 61.57(c). impossible, the FAA made a conditions, multiple approaches in a LOBO recommended requiring pilots conservative estimate of the cost shorter period of time, emergency to complete an annual instrument savings. This is a conservative estimate procedures, equipment failures, and proficiency check with an instrument because it reflects that a significant other various flight scenarios that flight instructor. number of pilots do not maintain cannot necessarily be accomplished in The FAA requires an instrument instrument recency in general. The FAA an aircraft safely. Allowing the use of proficiency check only when a pilot has estimated the number of pilots who ATDs, FTDs and FFSs without the failed to meet the recent instrument might benefit from this rule provision requirement (and therefore the cost) of experience requirements for more than by starting with the total number of having an instructor present can result six calendar months.23 The instrument rated pilots in the United in more pilots being better prepared. recommendation to require an States as of June 30, 2015. This was This benefit could include executing instrument proficiency check every year 305,976 instrument rated pilots. This flight scenarios they may not normally is beyond the scope of this rulemaking number included airline transport pilots experience when accomplishing and unnecessary if the pilot is (ATPs). However, under § 61.57(e), instrument recency in an aircraft, or in maintaining his or her instrument pilots employed by part 119 certificate locations where they do not normally recency in accordance with the holders conducting operations under fly, or when practicing emergency regulations. part 121 or part 135 are excepted from procedures that are likely too dangerous Two individuals asserted that there is the instrument recency experience to accomplish in an aircraft. This no cost savings when one takes into requirement in § 61.57(c). As of June 23, includes the unique capability of 2015, the FAA estimated that 104,424 account the cost of a crash, including practicing identical instrument air carrier pilots were excepted. This left the cost of a human life, property approach procedures to an airport the 201,552 instrument rated pilots that damage, and medical treatment for pilot may not have otherwise flown to could potentially benefit from this rule survivors. before. For the reasons stated above, the FAA provision. Of these pilots, the FAA disagrees with the assertion that estimated that only approximately 50 Other than removing the term removing the requirement for an percent (100,776) were maintaining ‘‘approved’’ from the proposed rule their recency. Of this group, the FAA language, as explained above, 22 14 CFR 61.57. estimated that only 25 percent (25,194) § 61.51(g)(4) and (5) remain unchanged 23 14 CFR 61.57(d). used an FFS, FTD, or ATD for recency from the proposal.

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3. Instrument Recency Experience Society of Aviation and Flight Educators aircraft to maintain instrument recency. Requirements (SAFE), and one individual asked the The FAA recognizes the importance of In the NPRM, the FAA proposed to FAA to revise the proposed rule familiarity with these conditions and amend § 61.57(c) to allow pilots to language to expressly allow a pilot to events; however, they are more accomplish instrument experience in meet the requirements for instrument attributable to training. An instrument- ATDs at the same 6-month interval recency experience in any combination rated pilot maintaining instrument allowed for FFSs and FTDs.24 of aircraft, FFS, FTD, or ATD. recency under § 61.57(c) has already While the FAA stated in the NPRM Additionally, for pilots who opt to use accomplished the required instrument that a pilot would be permitted to training and has already demonstrated ATDs exclusively to accomplish complete instrument recency experience his or her proficiency during a practical instrument recency experience, the FAA in any combination of aircraft, FFS, test with an examiner. proposed to no longer require an FTD, or ATD, the proposed rule would Furthermore, the FAA disagrees with additional 3 hours of instrument not have expressly allowed this. The the comment that requiring more flight experience and additional tasks to 25 FAA is therefore adding language to time in an aircraft will result in fewer remain current. The FAA also proposed § 61.57(c)(2) to expressly state accidents. The FAA finds that allowing proposed to allow completion of that a person may complete the a pilot to accomplish instrument instrument recency experience in any instrument recency experience in any recency requirements in an ATD or combination of aircraft, FFS, FTD, or combination of aircraft, FFS, FTD, or FSTD encourages more pilots to remain ATD. ATD. Furthermore, consistent with the instrument current and provides the Ten commenters, including Redbird, changes made in § 61.51(g)(5), the FAA necessary experience to enable safe American Flyers, and Eagle Sport, is removing the word ‘‘approved’’ from operation of an aircraft in instrument supported the proposal without change proposed § 61.57(c)(1) because an FFS meteorological conditions (IMC). As the noting the anticipated cost savings that or FTD used to satisfy § 61.57(c)(1) is FAA explained in the final rule, may encourage pilots to stay current, the qualified, not approved, by the National ‘‘Aviation Training Device Credit for ability for ATDs to enhance skills and Simulator Program under part 60. Pilot Certification,’’ 28 the FAA believes improve proficiency, and the simplified Two individuals opposed the that training in FSTDs and ATDs in rule language that will facilitate provision. One individual believed that combination with training in an aircraft compliance. experience in an ATD cannot replicate reinforces the necessary pilot skill to The Aircraft Owners and Pilots that of an actual aircraft because rely solely on the flight instruments to Association (AOPA) and an individual piloting an aircraft involves many successfully operate an aircraft in IMC. commented that ATDs are much more unexpected elements and stresses not This mitigates any reliance on postural advanced than they were at the time of present in an ATD. The other individual senses, sounds, or feelings that can the 2009 final rule, and that with these asserted that the instrument recency otherwise lead to loss of control. The advances, it makes sense to allow the requirements are bare minimums and do FAA further described that training use of ATDs to meet instrument recency not demonstrate proficiency, and that devices do not require motion to be requirements in the same manner as requiring more flight time would result approved and that training devices with FFSs, FTDs, or aircraft. in fewer accidents. cannot completely train the pilot to As discussed in the NPRM, the FAA The FAA disagrees with requiring a ignore certain erroneous sensory believes that the current design and pilot to accomplish the instrument perceptions, but pilots develop this skill technology of ATDs has advanced and recency experience in an aircraft. The during the flight portion of their provides a greater opportunity for the FAA has allowed the instrument instrument training. Consistent with the advancement of instrument skills and recency tasks to be accomplished in an final rule, ‘‘Aviation Training Device improved proficiency, as well as a wider FFS, FTD, or ATD since 2009.27 The Credit for Pilot Certification,’’ 29 the range of experiences and scenarios, FAA did not propose to change the FAA believes that instrument which justifies their increased use in allowance of an ATD to satisfy experience accomplished in ATDs is an § 61.57(c)(2). This is also reflected in the instrument recency experience. Rather, effective procedural review and final rule, ‘‘Aviation Training Device given the technological advancements reinforces the necessary skills to Credit for Pilot Certification,’’ published that have occurred in ATDs since 2009, properly interpret the aircraft’s flight on April 12, 2016,26 which increased the FAA proposed to align ATD use to instruments, allowing successful the ATD credit allowances for the 6-month task completion interval operation of an aircraft in IMC. instrument rating certification and the required tasks consistent with The Lancair Owners and Builders requirements. FSTDs and aircraft. As previously Organization (LOBO) asserted that the AOPA, General Aviation explained in section III.A.2. of the FAA did not make a safety case to Manufacturers Association (GAMA), preamble, ATDs are specifically reduce the recency requirements. LOBO designed to allow a person to replicate believed that the NPRM did not explain 24 Prior to this final rule, § 61.57(c)(3) required and execute instrument tasks just as how this proposed provision would persons using an ATD to establish instrument they would in an aircraft. Therefore, the improve safety, and that to do so, the experience to complete the required tasks within the preceding 2 calendar months. Persons using an FAA finds that an ATD adequately FAA needs more information, which aircraft, FFS, FTD, or a combination, however, were replicates an aircraft for purposes of was not presented. LOBO claimed the required to establish instrument experience within maintaining instrument recency. FAA should gather data regarding the the preceding 6 calendar months. 14 CFR Section 61.57(c) does not require a pilot following: How many instrument pilots 61.57(c)(1) and (2). to experience variables and additional 25 Prior to this final rule, for persons using an are instrument current; how many pilots ATD for maintaining instrument experience, stressors that one may experience in an use an instrument proficiency check to § 61.57(c)(3) required an additional 3 hours of maintain recency; how many pilots use instrument experience and two unusual attitude 27 Final Rule, ‘‘Pilot, Flight Instructor, and Pilot an FFS, FTD, or ATD to maintain recoveries while in a descending, Vne airspeed School Certification,’’ 74 FR 42500, 42516–42517 instrument recency; how many of those condition and two unusual attitude recoveries (Aug. 21, 2009) (amending § 61.57(c) to allow the while in an ascending, stall speed condition. use of aviation training devices, flight simulators, 26 Final Rule, ‘‘Aviation Training Device Credit and flight training devices for maintaining 28 81 FR at 21456 (Apr. 12, 2016). for Pilot Certification,’’ 81 FR 21449 (Apr. 12, 2016). instrument recent flight experience). 29 Id.

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pilots that use an FFS, FTD, or ATD to of experience the FAA now has requirements in this final rule would be maintain instrument recency have been evaluating and approving ATDs and the out of scope. involved in an aircraft accident while significant advancements in ATD Lastly, the FAA does not find that flying under instrument flight rules; and technology, the FAA has no reason to aligning the instrument experience how many more instrument rated pilots believe the rule change would result in requirements in an ATD with the would maintain proficiency if the a decrease in safety. As explained in the instrument experience requirements in proposal were implemented. LOBO NPRM, the FAA imposed more stringent an FSTD or aircraft will result in an pointed out that AOPA polling indicates instrument experience requirements on increased accident rate. Rather, this the average general aviation pilot is pilots satisfying instrument recency in ATD allowance should lower the flying less than 100 hours per year. ATDs because, in 2009, ATDs accident rate by allowing pilots to LOBO indicated that its own data represented new technology. The FAA regularly practice instrument tasks and indicates their average member is flying finds that significant improvements in maneuvers in a hazard free approximately 50 hours per year in a current ATD technology have made it environment. The FAA believes that Lancair. Given these statistics, LOBO possible to allow pilots to use ATDs for new § 61.57(c)(2) will increase the questioned whether instrument instrument recency experience at the opportunities for pilots to maintain proficiency is possible for pilots who fly same frequency and task level as FSTDs. recency, reduce cost, and generally so few hours annually. LOBO also The FAA believes this rule change is promote maintaining instrument questioned whether reducing recency further supported by the recent ATD recency. requirements for low activity instrument rule published on April 12, 2016, which The Regional Air Cargo Carriers pilots would affect accident rates. Based recognized ATD capabilities and Association (RACCA) provided several on all of these comments, LOBO increased the ATD credit allowances for recommendations concerning FTDs, recommended the FAA research general instrument rating certification including expanding the allowable aviation pilot training and experience, requirements. Furthermore, in 2014, the instrument recency experience, training, including instrument recency training FAA revised AC 61–136A, ‘‘FAA and limited checking elements from FFS methods, to better understand the Approval of Aviation Training Devices to include Level 3 and 4 FTDs; allowing impact on general aviation safety— and Their Use for Training and credit for circling approaches in Level 3 positive or negative—of the NPRM. Experience’’ to include stricter approval and 4 FTDs with sophisticated, wide- The FAA is aligning the requirements criteria for ATDs. The FAA also revised angle visual systems but no motion for accomplishing instrument FAA Order 8900.1 Volume 11, Chapter system; and expanding the allowable experience in an ATD with the 10 ‘‘AVIATION TRAINING DEVICE’’, credit in FFSs with the motion system requirements for accomplishing Section 1 ‘‘Approval, Oversight, and turned off. RACCA further instrument experience in an FSTD or Authorized Use Under 14 CFR parts 61 recommended reviewing current FAA aircraft. Prior to this final rule, a person and 141,’’ to improve FAA surveillance FTD and simulator approval protocols accomplishing instrument recency and oversight for the use of ATDs and to make them simpler and less labor- experience in an aircraft, FFS, FTD, or to otherwise ensure their proper use. intensive for the FAA, operators, and a combination, was required to, within The stricter approval criteria and contract training providers. the preceding 6 months, have increased FAA oversight for ATDs The FAA is not adopting RACCA’s performed: (1) Six instrument ensures they are qualified and capable recommendations because they are approaches; (2) holding procedures and for pilots to successfully accomplish the outside the scope of this rulemaking. tasks; and (3) intercepting and tracking instrument tasks described in As discussed above, the FAA is courses through the use of navigational § 61.57(c)(1). adding language to the proposed electronic systems. Persons In response to LOBO’s concerns about provision to make clear that a person accomplishing instrument recency the proficiency of low activity may complete the instrument experience exclusively in an ATD, instrument pilots, as previously stated, experience in any combination of an however, were required to have instrument-rated pilots have already aircraft, FFS, FTD, or ATD. Other than performed, within the preceding 2 demonstrated proficiency during their this additional language, § 61.57(c)(2) months, the same tasks and maneuvers practical test. Instrument proficiency is remains unchanged from the NPRM. listed above plus ‘‘two unusual attitude considered ongoing unless one fails to B. Second in Command Time in Part recoveries while in a descending V maintain instrument recency in the ne 135 Operations airspeed condition and two unusual previous 12 calendar months. In that attitude recoveries while in an scenario, one would be required to In the NPRM, the FAA proposed to ascending, stall speed condition’’ and a complete an instrument proficiency amend § 135.99 by adding paragraph (c) minimum of three hours of instrument check (IPC) in accordance with to allow a certificate holder to receive recency experience. This final rule § 61.57(d) to exercise instrument rating approval of a second in command (SIC) amends § 61.57(c) to allow pilots to privileges. While instrument-rated professional development program (SIC accomplish instrument experience in pilots may have a low number of annual PDP) via operations specifications (Ops ATDs by performing the same tasks flight hours, so long as they are Specs) to allow the certificate holder’s required for FSTDs and aircraft, and at complying with the instrument pilots to log SIC time in operations the same 6-month interval allowed for experience and instrument proficiency conducted under part 135 in an airplane FSTDs and aircraft. check requirements, they may exercise or operation that does not otherwise While the data sought by LOBO their instrument rating privileges. The require a SIC.31 As explained in the would be useful, it does not currently FAA did not propose to change these NPRM, the FAA believes that a exist.30 However, based on the12 years requirements; any change to these comprehensive SIC PDP will provide

30 The FAA referenced two studies in the final Computer-Based Single Pilot Resource Management 31 Prior to this final rule, a person serving as SIC rule titled ‘‘Aviation Training Device Credit for (SRM) Training,’’ Ph.D. Dissertation (Capella in a part 135 operation could log SIC time only if Pilot Certification,’’ which was published on April University 2007); Carretta, Thomas R., and Dunlap, more than one pilot was required under the type 12, 2016, that supported the use of simulation for Ronald D., ‘‘Transfer of Training Effectiveness in certification of the aircraft or the regulations under flight training. 81 FR 21449. See Kearns, Suzanne Flight Simulation: 1986–1997,’’ United States Air which the flight was being conducted. 14 CFR ‘‘The Effectiveness of Guided Mental Practice in a Force Research Laboratory (1998). 61.51(f)(2).

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opportunities for beneficial flight flight experience and training for an SIC 2. Part 135 Flight Instructors experience that may not otherwise exist than other general aviation operations. and also provide increased safety in RACCA, Tradewind Aviation, and one In the NPRM, proposed § 135.99(c)(4) operations for those flights conducted in individual explained that these types of would have required the assigned PIC in a multicrew environment. The FAA airplanes can provide applicable an operation conducted under an proposed requirements in § 135.99(c) for experience using ‘‘glass cockpit’’ and approved SIC PDP to be an authorized certificate holders, airplanes, and flight management systems in real- part 135 flight instructor for the flightcrew members during operations world IFR, weather, cross-country, and certificate holder. conducted under an approved SIC PDP. night flight in an airline-like Bemidji Aviation Services, NATA, The FAA also proposed changes to environment. and RACCA did not support proposed certain logging requirements to enable Further, AOPA, RACCA, and one § 135.99(c)(4), asserting that there is no the logging of SIC time obtained under individual stated the SIC PDP would rationale to support the requirement for a SIC PDP. The FAA proposed to revise provide opportunities for pilots to gain the PIC to be a qualified part 135 flight § 61.159(c)(1) to contain the flight hours. As proposed, these flight instructor. Bemidji noted that training requirements for logging SIC pilot time hours could be used toward an airline PICs to be flight instructors would be in an operation conducted under part transport pilot (ATP) certificate. time consuming and of little value 135 that does not require an SIC by type Increasing the types of aircraft permitted because a new SIC under an SIC PDP certification of the aircraft or the to be used for an SIC PDP would will be in need of mentoring and real- regulations under which the flight is provide even more opportunities for this world experience, rather than the type being conducted. The FAA proposed to professional growth. of training a part 135 flight instructor revise the aeronautical experience In light of these comments, the FAA provides. Bemidji further contended requirements of §§ 61.159 and 61.161 to is revising proposed § 135.99(c)(2) to that this requirement indicates that allow a pilot to credit SIC time logged allow multiengine airplanes or single- revenue flights are training flights rather under an SIC PDP towards the total time engine turbine-powered airplanes to be than operations as a crew. However, as a pilot requirements. The FAA also used in an approved SIC PDP. In Public Bemidji stated it would support certain proposed to revise the definition of pilot Law 111–216, Congress directed the crew pairing requirements. NATA time in § 61.1, the prerequisites for FAA to ensure applicants for an ATP believed that this requirement could practical test in § 61.39(a)(3), and the certificate have received flight training, limit operators from implementing a SIC logging requirements of § 61.51(f) to academic training, or operational PDP. RACCA stated that requiring the reflect the allowance for SICs to log experience that will prepare the pilot to, PIC to be a part 135 flight instructor is flight time in part 135 operations when among other things, function effectively not necessary; however, initial operating not serving as required flightcrew in a multi-pilot environment, in adverse experience (OE) under supervision by a members under the type certificate or weather conditions, and during high flight instructor, additional line checks, the regulations. altitude operations, and to adhere to the or other intermittent quality assurance Airlines for America (A4A) and two highest professional standards. The verifications are appropriate. RACCA individuals supported the proposed SIC FAA finds that pilots can obtain the stated that it appeared the FAA’s intent PDP without change. They noted the operational experience described in was, from SIC initial qualification until benefits of mentoring, crew resource section 217 of Public Law 111–216 the SIC was qualified to serve as PIC in management training, and the overall using either a multiengine airplane or a part 135, an SIC logging flight time experience gained by accumulating single-engine turbine-powered airplane under an SIC PDP would be required to more flight time in a complex under an approved SIC PDP. The FAA fly with a PIC who was a part 135 flight environment. is revising proposed § 135.99(c)(2) instructor. RACCA believed that the Several commenters suggested accordingly. ‘‘professional development’’ element of changes to proposed §§ 135.99, 61.159 The FAA is adopting the proposed the SIC PDP needs to be concentrated in and 61.51, which are discussed below. requirement for the airplane to have an the initial training, checking, and OE 1. Airplane Requirements independent set of controls for the phases and that once the SIC has In the NPRM, proposed § 135.99(c)(2) second pilot flightcrew member, which successfully completed that portion, he/ would have required the aircraft may not include a throwover control she can continue to gain experience operated under an approved SIC PDP to wheel. The FAA also notes that the having completed that part of the be a multiengine airplane. equipment and independent program except for a possibility of more The Aircraft Owners and Pilots instrumentation requirements for the frequent quality assurance checks or Association (AOPA), Baron Aviation second pilot in § 135.99(c)(2)(i) through proficiency checks in operators’ Services, National Air Transportation (viii) remain unchanged from the programs than otherwise required for Association (NATA), Regional Air Cargo proposal.32 33 SICs in part 135. However, RACCA also Carriers Association (RACCA), stated the SIC flight time in revenue Tradewind Aviation, and two 32 A cockpit voice recorder (CVR) is not required operations under the mentoring and individuals commented that single- for operations conducted under an approved SIC supervision of an experienced part 135 PDP. In accordance with § 135.151, no person may PIC is more directly applicable to engine turbine-powered airplanes operate a multiengine, turbine-powered airplane or should be included for use in an SIC rotorcraft having a passenger seating configuration further career flying than hours in the PDP. These commenters asserted that of six or more and for which two pilots are required following types of operations, which are single-engine turbine-powered airplanes by certification or operating rules unless it is currently acceptable: VFR flight equipped with an approved CVR that meets certain instruction, pipeline patrol, banner are equal to or more complex than requirements. However, the FAA notes that an certain multiengine airplanes. These operation under an approved SIC PDP is not towing, traffic watch flying, and light commenters indicated that high considered an operation for which two pilots are sport flying. RACCA further asserted performance single engine turbo- required by operating rules. that because the SIC PDP is restricted to 33 The FAA notes that the airplane is still less risky cargo operations, this propeller airplanes such as the Pilates required to comply with the equipment PC–12, Socata TBM 700, and Cessna requirements of §§ 135.89 and 135.157, as requirement only increases complexity Caravan can provide more beneficial applicable. and cost without any risk mitigation

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benefit.34 One individual asserted that a highest standards of technical in the new Advisory Circular as possible low time pilot could benefit under the performance, airmanship, and data collection methods. The FAA notes supervision of a seasoned PIC while professionalism. Part 135 regulations that the data provided to the FAA by the receiving real-world experience in a require pilots to complete recurrent certificate holder may be de-identified. crew environment. training to ensure that pilots remain The FAA further notes that records used Upon review of these comments competent in the performance of their for the data collection and analysis submitted by Bemidji, NATA, RACCA, assigned duties. The FAA has process will still be subject to record and individuals, the FAA has decided to previously recognized that the necessary requirements, such as the Pilot Records withdraw the proposed requirement for frequency for recurrent training is not Improvement Act of 1996 (PRIA).37 assigned PICs in a SIC PDP to be the same for all subject areas. The FAA Lastly, contrary to RACCA’s qualified part 135 flight instructors. expects that PICs serving in an approved statement, the SIC PDP is not restricted Under this proposed requirement, every SIC PDP will use mentoring skills to cargo-only operations. Except as operation conducted under an approved regularly and consequently these skills provided in § 135.99(d), any part 135 SIC PDP would have been required to are less susceptible to degradation. operator meeting the requirements of have a qualified part 135 flight Therefore, the FAA has determined that § 135.99(c) may voluntarily choose to instructor assigned as the PIC. This recurrent mentoring training must be seek approval of an SIC PDP. Section proposed requirement was intended to completed at least every 36 calendar 135.99(d) prohibits certificate holders create the appropriate training and months. The FAA will include who are authorized to operate as a basic mentoring environment to enable the recommended topics for mentoring operator, single PIC operator, or single proposed SIC PDP to support the training in a new Advisory Circular (AC pilot operator from obtaining approval Congressional directive and provide an 135–43) on obtaining authorization of to conduct an SIC PDP.38 Section effective method to acquire experience an SIC PDP. 135.99(d) remains unchanged from the for ATP certification. In the NPRM, the As indicated by commenters, proposal. FAA explained that the experience mentoring should be provided by an The requirements for certificate gained from working with and learning experienced PIC. For mentoring to be holders in §§ 135.99(c)(1)(i), (ii), and from a part 135 flight instructor in a effective, the FAA believes that the (iii) also remain unchanged from the crew configuration would have mentor (i.e., the PIC) must have a proposal. However, because the FAA is provided valuable experience. However, minimum level of experience and withdrawing the proposed requirement commenters suggested alternatives to knowledge of the certificate holder’s for assigned PICs to be qualified part the requirement for the PIC to be a part operations. Therefore, prior to 135 flight instructors, the FAA is also 135 flight instructor. Upon review of assignment as a PIC in an operation withdrawing proposed these suggestions, the FAA has conducted under an SIC PDP, the PIC § 135.99(c)(1)(iv), which would have determined that a combination of these must have been fully qualified to serve required flight instructor alternatives will be an equally effective as a PIC for the certificate holder for at standardization meetings. method to support the Congressional least the previous six calendar months. The FAA further notes that the directive while ensuring these SICs are The FAA believes that in six months, requirements for persons serving as SIC gaining valuable experience for ATP the PIC would have conducted in § 135.99(c)(3)(i) through (iv) remain certification. numerous flights with various unchanged from the proposal. The FAA agrees with Bemidji, environmental and operational factors 3. Logging Requirements RACCA, and the individual commenter which would have allowed the PIC to that a new SIC needs mentoring and effectively consolidate his/her In the NPRM, the FAA proposed to real-world experience.35 The FAA finds knowledge and skills of operations at revise § 61.159(c) to set forth the this objective could be accomplished by that certificate holder. Certificate requirements for logging SIC pilot time requiring the assigned PIC to have a holders should encourage PICs serving in a part 135 operation that does not certain amount of experience and in an operation conducted under an SIC require an SIC by type certification of mentoring training, rather than PDP to provide observations and the aircraft or the regulations under requiring him or her to meet the full comments to be used in the data which the flight is being conducted. training and qualification requirements collection and analysis process. Proposed § 61.159(c) would have for a part 135 flight instructor. As proposed in the NPRM, allowed a commercial pilot to log SIC In new § 135.99(c)(4)(i) and (ii),36 the § 135.99(c)(1)(iii) requires the certificate pilot time toward the hours of total time FAA is including crew pairing holder with an approved SIC PDP to as a pilot required by §§ 61.159(a) and requirements for flights conducted establish and maintain a data collection 61.160, provided the SIC pilot time was under an SIC PDP. Prior to assignment and analysis process that will enable the obtained in part 135 operations as a PIC in an operation conducted certificate holder and the FAA to conducted under a SIC PDP in under an SIC PDP, the PIC must determine whether the professional accordance with § 135.99 and the PIC complete mentoring training and have development program is accomplishing certified in the SIC’s logbook that the minimum experience at that certificate its objectives. Regarding RACCA’s holder. The mentoring training must recommendations for initial OE, 37 49 U.S.C. 44703(h). 38 include techniques for reinforcing the additional line checks, or other As further explained in the NPRM, these certificate holders—either by regulation or intermittent quality assurance deviation—are not required to develop and 34 RACCA’s comments on this issue were verifications, the FAA agrees these types maintain manuals that describe the procedures and submitted as to the regulatory evaluation. However, of events could be valuable components policies to be used by the flight, ground and the FAA has included the comments here because of an effective data collection and maintenance personnel. 14 CFR 135.21. they are related to the proposal and not specifically Additionally, these certificate holders are not the cost/benefit analysis. analysis process. In addition to the required to establish and maintain an approved 35 Section 135.99(c)(3) contains the requirements recommendations from RACCA, there pilot training program under § 135.341 or employ for a pilot serving as SIC under an approved SIC may be other suitable methods to obtain certain management personnel under § 119.69. PDP. relevant data for the data collection and Because of the limited size and scope of these 36 Section 135.99(c)(4) contains the requirements certificate holders’ operations, the FAA does not for a pilot assigned to serve as PIC under an analysis process. Therefore, the FAA believe that they would provide the environment approved SIC PDP. will include RACCA’s recommendations necessary to foster an SIC PDP.

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SIC pilot time was accomplished under As proposed, the FAA maintains in experience for the SIC while also § 61.159(c). The FAA also proposed that the final rule that a SIC logging flight increasing safety in these part 91 flights. the SIC pilot time obtained pursuant to time under § 61.159(c) is not permitted Furthermore, to log SIC flight time § 61.159(c) may not be logged as PIC to log this flight time as PIC time even during a part 91 flight operation time even if the SIC were the sole when he or she is the sole manipulator conducted for the certificate holder manipulator of the controls and may not of the controls. If the SIC time were to under an approved SIC PDP, the be used to meet the aeronautical count toward the requirements of requirements of § 135.99(c) must be experience requirements in § 61.159(a)(5), a pilot could meet the satisfied. Therefore, the aircraft is still § 61.159(a)(1) through (5) (e.g., cross- ATP aeronautical experience required to have an independent set of country flight time, night flight time). requirements and transition to a part controls for the SIC, which may not RACCA suggested the FAA allow a 121 SIC position directly from a SIC include a throwover control wheel, and pilot to use the time logged under a SIC PDP, without serving as a part 135 PIC— the minimum necessary equipment and PDP toward the more specific flight time which was not the FAA’s intent. As independent instrumentation for the requirements for ATP certification set explained in the NPRM, the FAA second pilot.40 These equipment and forth in § 61.159(a)(1) through (5), intended for § 61.159(c) to promote an instrumentation requirements ensure instead of only the 1,500 hours of total environment in which a pilot’s career that the SIC will be actively engaged as time as a pilot required by § 61.159(a). follows a progression within part 135 a pilot flying and pilot monitoring in RACCA asserted that there is little that includes the pilot serving as a PIC both VFR and IFR conditions while quantifiable difference in the value of in part 135 operations before conducting an operation under part 91 experience between aircraft that require transitioning to an SIC position in a part for the certificate holder. The flight time a two pilot crew and aircraft authorized 121 operation. The FAA finds that and duty period limitations and rest to utilize a two pilot crew in specific allowing the SIC time to be used only requirements in subpart F of part 135 circumstances. RACCA further asserted toward the total time as a pilot will also still apply. Additionally, the that experience obtained by a properly requirements of § 61.159(a) and the pilot serving as PIC in a part 91 flight trained and checked SIC is more specific flight time requirements of operation under an approved SIC PDP directly applicable to IFR complex § 61.159(a)(1) through (4) is consistent must be qualified and trained in airplane operations and subsequent with the proposal’s objective. A pilot accordance with § 135.99(c)(4). The career flying than hours in the following may use the time accrued under a SIC FAA finds that a pilot may obtain the types of operations, which are currently PDP to meet the time requirements of operational experience described in acceptable: VFR flight instruction, § 135.243 to serve as a PIC under part section 217 of Public Law 111–216 pipeline patrol, banner towing, traffic 135; then, as a required flightcrew during part 91 flights conducted for a watch flying, and light sport flying. member in part 135, that pilot may certificate holder when the operation is In response to RACCA’s comments, accrue the required PIC airplane time conducted in accordance with the FAA is revising proposed § 61.159(c) for an ATP certificate before § 135.99(c) and the certificate holder’s to allow pilots to credit time logged transitioning to a part 121 operation. operations specification for the SIC PDP. Consistent with the changes to For the reasons discussed above, the under a SIC PDP not only for total time proposed § 61.159(c), the FAA is also FAA is revising the proposed as a pilot, but also toward the specific revising proposed § 61.161(c) to allow amendments to §§ 61.159(c) and flight time requirements for ATP pilots to credit time logged under a SIC 135.99(c) to allow the logging of SIC certification set forth in § 61.159(a)(1) PDP toward both the total time as a pilot flight time in operations conducted through (4) (e.g., cross-country flight required by § 61.161(a) and the specific under parts 91 and 135,41 provided the time, night flight time, flight time in flight time requirements for ATP flight operation is conducted in class of airplane, and instrument flight certification set forth in § 61.161(a)(1), accordance with the certificate holder’s time). Under the proposal, the time (2), and (4) (e.g., cross-country flight operations specification for the SIC logged under a SIC PDP would have time, night flight time, and instrument PDP.42 The FAA notes that to ensure the counted toward the flight time flight time), except for the specific flight part 91 flights under an SIC PDP are requirements to serve as a PIC in part time that must be obtained in a conducted in a similar manner to part 135, which are located in § 135.243. helicopter. 135 flights, the operations specification Section 135.243 categorizes the flight Upon further review, the FAA has for the SIC PDP will include specific time requirements the same as decided to also allow SIC flight time to requirements for these part 91 flights § 61.159(a). Because the SIC time logged be logged during part 91 flight such as use of SOP, operational control, under the SIC PDP may be used toward operations (e.g., repositioning flights) and recordkeeping. the total time, cross-country time, conducted for the certificate holder RACCA and AOPA both instrument time, and night time when the operation is conducted in recommended additional revisions to requirements of § 135.243, the FAA accordance with the certificate holder’s proposed § 61.159(c)(1). AOPA asserted finds that it should also count toward operations specification for the SIC PDP. that the FAA’s proposed change to the same categories of flight time under The FAA has determined that these part § 61.159(c)(1) eliminates the ability of a § 61.159(a). However, as explained 91 flights share similar characteristics to required SIC to use logged SIC flight below, the FAA maintains that the PIC the part 135 flights, such as multi-pilot flight time requirements in environment, adverse weather 40 14 CFR 135.99(c)(2). § 61.159(a)(5), including the PIC cross- conditions, and high altitude 41 The FAA is also revising proposed § 61.51(e)(5) and (f)(3) and the definition of ‘‘pilot time’’ in § 61.1 country flight time and PIC night flight operations. The FAA has determined time, must be met as a required pilot to reflect this allowance. that if the certificate holder conducts 42 39 The FAA is adding new § 61.159(c)(2), which flightcrew member. these part 91 flights in a similar manner requires the flight operation to be conducted in to its part 135 flights, these part 91 accordance with the certificate holder’s operations 39 As proposed, the FAA is revising § 61.159(a)(5) specification for the second-in-command to clarify that to credit SIC time toward the 250 flights can provide beneficial flight professional development program. Consequently, hours of PIC flight time required by paragraph proposed paragraph (c)(2) is now paragraph (c)(3), (a)(5), the SIC must be a ‘‘required’’ flightcrew the supervision of a PIC. Under a SIC PDP, the SIC and proposed paragraph (c)(3) is now paragraph member performing the duties of PIC while under is not a required flightcrew member. (c)(4).

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time toward the total time requirement the time of application for the practical under an SIC PDP to meet the minimum for an ATP certificate in § 61.159(a). test. Due to the reorganization of experience requirements for the ATP RACCA recommended the FAA revise proposed § 61.159(c), the FAA is certificate. The proposed requirements the former language of § 61.159(c)(1)(iii) referencing § 61.159(c), instead of for the SIC PDP did not include ATP to ensure a required SIC can log flight § 61.159(c)(1), in the definition of ‘‘pilot training. A certificate holder is not time toward the total time requirements time,’’ and in §§ 61.51(f)(3) and required to have an SIC PDP. The FAA for an ATP certificate in § 61.159(a). 61.39(a)(3). Other than updating the emphasizes that an SIC PDP is voluntary Revisions to proposed § 61.159(c)(1) cross-reference to § 61.159(c), the and would impose no new requirements are not needed to allow a required SIC definition of ‘‘pilot time’’ and the on certificate holders conducting to log flight time toward the revisions to §§ 61.51(f) and 61.39(a)(3) operations under part 135 if they choose requirements for an ATP certificate in remain unchanged from the proposal. not to seek approval of an SIC PDP. Any § 61.159(a). Section 61.51(a) establishes The FAA also proposed to revise the certificate holders who choose to have the requirement for persons to logging requirements of § 61.51(e) to an SIC PDP would expect the benefits of document and record training and allow the part 135 flight instructor the SIC PDP to exceed their costs of the aeronautical experience used to meet serving as PIC in an operation SIC PDP. the requirements for a certificate or conducted under an approved SIC PDP One individual opposed the proposed rating under part 61. Section 61.51(f)(2) to log all of the flight time as PIC flight SIC PDP, indicating the proposal was a allows a person to log SIC flight time time even when the PIC is not the sole money-making scheme that does not when that person holds the appropriate manipulator of the controls. As consider the negative consequences. category, class, and instrument rating previously explained, the FAA is This individual cited previous negative and more than one pilot is required withdrawing the proposed requirement experience with non-required pilots in under the type certification of the that the assigned PIC be a part 135 flight the right seat of the aircraft stating these aircraft or the regulations under which instructor. The FAA is therefore revising unqualified non-essential pilots caused the flight is being conducted. Further, proposed § 61.51(e) to reflect the § 61.1(b) defines pilot time as including requirements the FAA adopted in distractions for the PIC. Additionally, time in which a person serves as a § 135.99(c). Accordingly, § 61.51(e)(5) this commenter did not agree that a non- required flightcrew member. now allows a commercial pilot or airline required SIC should be able to log flight Collectively, these regulations allow transport pilot to log all flight time time equal to the PIC unless the type flight time logged as a required SIC to while acting as an assigned PIC of an certification requires an SIC. be used toward the aeronautical operation conducted in accordance with Without additional information, the experience requirements for an ATP an approved SIC PDP that meets the FAA cannot address the specific certificate as delineated in § 61.159(a). requirements of § 135.99(c). circumstances presented by the Therefore, the FAA is not revising individual commenter. However, the 4. Miscellaneous Comments on the SIC proposed § 61.159(c)(1), as SIC PDP requires pilots assigned as a PDP recommended by commenters, because non-required SIC to meet the same the former language in § 61.159(c)(1), RACCA noted that the regulatory training and qualification requirements which allowed a person to credit SIC evaluation accompanying the NPRM as a required SIC. More specifically, flight time toward the total time stated ‘‘This proposal would provide an § 135.99(c)(3) requires the assigned SIC requirements in § 61.159(a), was additional option for commercial pilots to meet the SIC qualifications in redundant and unnecessary. seeking to meet the minimum § 135.245, the flight time and duty The FAA notes that proposed aeronautical experience requirements period limitations and rest requirements § 61.159(c) would have contained for the ATP certificate while also in subpart F of part 135, and the logging requirements for both SICs and providing a strong foundational crewmember testing and training flight engineers, similar to former experience for a developing professional requirements for SIC in subparts G and § 61.159(c). Upon further reflection, the pilot. For a commercial pilot to utilize H of part 135.43 The FAA notes that FAA has decided to restructure this option, an operator would have to these requirements remain unchanged § 61.159(c), (d) and (e) for clarity. The meet the additional requirements from the proposal. The FAA concludes FAA is relocating the flight engineer proposed in the NPRM. Any operators, that any concerns about unqualified logging requirements, which were who chose to do so, would expect their pilots have been alleviated. formerly in § 61.159(c)(2) and (3), to benefits to exceed their costs.’’ RACCA Additionally, the FAA notes that § 61.159(d). Thus, § 61.159(c) will believed this statement implies an although these non-required SICs will contain only the SIC logging additional, optional training be able to log SIC flight time under an requirements under the SIC PDP. The requirement for the SIC to count flight SIC PDP, there are restrictions. As FAA is redesignating former § 61.159(d) time under the SIC PDP toward the ATP described in the section on logging as § 61.159(e) and former § 61.159(e) as experience requirements. RACCA noted flight time, even if the SIC is the sole new § 61.159(f). that there is no requirement for an ATP manipulator of the controls, the SIC In addition to proposed § 61.159(c), certificate in part 135 cargo-only cannot log PIC time. Additionally, pilots the FAA proposed to revise the operations and therefore additional who use time logged under an SIC PDP definition of ‘‘pilot time’’ in § 61.1 and training for an ATP certificate imposes to meet the aeronautical experience the logging requirements in § 61.51(f) to an economic burden by requiring requirements for an ATP certificate will reflect the allowances for SICs to log training not applicable to the operation have a limitation on their certificate flight time in part 135 operations when for which the SIC is being qualified. indicating that the pilot does not meet not serving as required flightcrew Neither the NPRM, nor the regulatory the PIC aeronautical experience members under the type certificate or evaluation, proposed to require ATP requirements of the International Civil regulations. The FAA also proposed to training for an SIC to be able to log flight Aviation Organization (ICAO). revise § 61.39(a)(3) to require a pilot time under an SIC PDP. The statement who has logged flight time under the in the regulatory evaluation was 43 The assigned SIC is also required to meet the SIC PDP to present a copy of the records referencing the proposed new option for hazardous material training requirements in subpart required by § 135.63(a)(4)(vi) and (x) at commercial pilots to log flight time K, if applicable.

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5. Effective Date and Implementation holder must submit a revised training to meet the proposed instrument In the NPRM, the FAA proposed that program to the POI for approval. The recency requirements. the amendments to §§ 61.39, 61.51(e) revised training and qualification The FAA did not intend to foreclose the option of using a combination of and (f), 61.159(a) and (c), 61.161, and program must include (1) curricula for aircraft and FSTD to accomplish SIC 135.99(c) regarding logging flight time SICs that will serve in an SIC PDP, (2) instrument recent experience as a second in command in part 135 curricula for PICs that will serve in an requirements. The FAA is adding operations would be made effective 180 SIC PDP to include mentoring training language to proposed § 135.245(c)(2) to days after publication of any final rule and CRM training for two pilot flight clarify that a combination of aircraft and associated with the NPRM. In the crew operations, (3) curricula for flight instructors that will conduct the FSTD may be used. NPRM, the FAA acknowledged that AOPA also recommended that the these provisions affect part 119 training of PICs and SICs in an SIC PDP, and (4) curricula for check pilots that FAA withdraw proposed § 135.245(c) certificate holders conducting and retain the current § 135.245(a) operations under part 135 and will take will conduct the checking of PICs and SICs in an SIC PDP. In accordance with language to enable persons serving as more coordination and review by both SIC in a part 135 operation under IFR certificate holders and the FAA. §§ 135.21 and 135.23, the certificate holder must also submit a revised to use ATDs for instrument recency. The FAA recognizes, however, that Because § 61.57(c)(3) and (4) allow the the coordination and review timeframe manual to the POI for acceptance, which must include (1) standard operating use of ATDs to satisfy instrument will vary among certificate holders. recency requirements in part 61, AOPA Certain certificate holders’ manuals and procedures for operations with a two pilot flight crew, (2) duties and believed the requirements of current training programs may already include § 135.245(a) may be satisfied by the use some of the components of an SIC PDP, responsibilities of an SIC, and procedures to comply with the crew of ATDs. AOPA also believed that, such as SOP for conducting operations rather than eliminating the use of ATDs with a two pilot flightcrew, approved pairing requirements of § 135.99. The certificate holder must also submit for SICs serving in part 135, the FAA SIC training curriculums, and approved should add a limitation to specific CRM training for operations with a two procedures for the data collection and analysis process required by Letters of Authorization (LOA) if the use pilot flightcrew. In these instances, the of a particular ATD is not appropriate. FAA anticipates the development of the § 135.99(c)(1)(iii). The POI will review the documentation submitted by the As noted in the NPRM, the FAA does remaining components of an SIC PDP to not permit the use of ATDs to satisfy take less time than for certificate holders certificate holder. Once the documentation meets the requirements flight training, checking, and recency who must develop all components of an requirements in part 135. In accordance SIC PDP. for approval or acceptance, as applicable, the POI may authorize the with § 61.4, the Administrator may Therefore, in the final rule, the approve an ATD for specific purposes. SIC PDP via a new operations amendments to §§ 61.39, 61.51(e) and The FAA has never issued a LOA specification. The FAA will be issuing (f), 61.159(a) and (c), 61.161, and authorizing an ATD to be used to meet a new Advisory Circular to provide 135.99(c) will be effective 150 days after the qualification requirement of more detailed guidance to certificate publication of this final rule. This § 135.245.45 The FAA acknowledges the holders on obtaining authorization of an change in effective date will allow confusion created by referencing part 61 SIC PDP. certificate holders and pilots to benefit in § 135.245(a).46 The reference to from these provisions sooner than C. Instrument Recency Experience for ‘‘recent instrument experience proposed, provided the certificate SICs Serving in Part 135 Operations requirements of part 61’’ in § 135.245 holder has developed all components of Prior to this final rule, § 135.245(a) refers to § 61.57(c)(1) and (2) and (d). an SIC PDP and the certificate holder’s required a person serving as second-in- Therefore, the FAA is clarifying the SIC principal operations inspector (POI) has command (SIC) in a part 135 operation qualification requirements by including authorized use of the SIC PDP in the conducted under IFR to ‘‘meet the the express requirements of § 61.57(c)(1) certificate holder’s operations recent instrument experience and (2) and (d) in § 135.245(c) and (d) specifications. The FAA notes that requirements of part 61.’’ The FAA and by eliminating the reference to part review and acceptance or approval of proposed to remove the reference to part 61. the various components of an SIC PDP 61 in § 135.245(a) and move the current AOPA also recommended that the by the certificate holder’s POI is still instrument experience requirements in FAA withdraw the proposal in required prior to authorization in the § 61.57(c)(1) and (2) to new § 135.245(c). § 135.245(c)(2) for an instructor to be operations specifications. As such, As explained in the NPRM,44 it is more present when a part 135 SIC conducts certificate holders should plan appropriate for the express requirement instrument recency in a FSTD. AOPA accordingly to allow sufficient time for for instrument recency experience to be noted that, when the FAA modified the FAA acceptance or approval. listed in part 135 rather than by instrument recency requirements for As previously discussed, § 135.99 reference to another rule part. part 61 in 2009, the FAA indicated that allows a certificate holder to obtain The FAA received comments from it did not want to require an instructor authorization of an SIC PDP, which will two organizations regarding this to be present when using an approved be granted via a new operations provision. The Aircraft Owners and specification (A062). To be eligible for 45 Pilots Association (AOPA) and General Advisory Circular AC 61–136A, FAA Approval approval of a SIC PDP, a certificate of Aviation Training Devices and Their Use for Aviation Manufacturers Association holder must be authorized to conduct Training and Experience, explains that the FAA (GAMA) recommended the FAA revise will issue an LOA which will specify the part 61 IFR operations with a multiengine proposed § 135.245(c) to allow a pilot or part 141 provision(s) for which the specific ATD airplane or a single-engine turbine- serving as SIC in a part 135 operation to is approved for use. Further, the AC states that powered airplane, that meets the pilots may use ATDs in accordance with the LOA use a combination of aircraft and FSTD aircraft, equipment, and to meet the aeronautical experience requirements of part 61. instrumentation requirements of 44 NPRM, ‘‘Regulatory Relief: Aviation Training 46 See Legal Interpretation to Mr. Gerald Naekel § 135.99(c)(2). In accordance with Devices; Pilot Certification, Training, and Pilot from Mr. Donald P. Byrne, Assistant Chief Counsel §§ 135.323 and 135.325, the certificate Schools; and Other Provisions,’’ 81 FR at 29725. (June 18, 1991).

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training device, but the change was not under § 135.338 or a check pilot TAA instead of a complex or turbine- reflected in the regulatory language.47 If qualified under § 135.337. powered airplane. In addition to these the FAA’s intent had been Upon further consideration, the FAA regulatory changes, the FAA proposed implemented, AOPA asserted, an has decided to also include the to revise the practical test standards for instructor would not currently need to instrument proficiency check (IPC) commercial pilot applicants and flight be present for a SIC in a part 135 requirements of § 61.57(d) in § 135.245. instructor applicants seeking an operation to maintain instrument Because a person who fails to satisfy the airplane category single engine class recency in a FSTD. AOPA stated that instrument experience requirements of rating to allow the use of a TAA on the the FAA has failed to explain why an § 61.57(c) for more than six calendar practical tests. instructor must be present for SICs in a months may reestablish instrument The FAA received 35 comments on part 135 operation, but not for all other recency only by completing an IPC in these proposed changes. Twenty-seven pilots maintaining compliance with accordance with § 61.57(d), the FAA commenters generally supported the part 61. finds that the reference to ‘‘recent proposal. LOBO and 6 individuals did The SIC instrument experience instrument experience requirements of not support the proposal. One requirements were added to part 135 on part 61’’ in § 135.245 referred to the individual commenter did not opine, October 10, 1978, when the FAA instrument experience requirements of but asked for clarification regarding the published the ‘‘Regulatory Review § 61.57(c)(1) and (2) and the IPC definition of TAA. The following Program: Air Taxi Operators and requirements of § 61.57(d). The FAA sections respond to these comments. Commercial Operations’’ final rule, recognizes that proposed § 135.245 did not include the option to reestablish 1. Definition of Technically Advanced which substantially revised the Airplane requirements for operations under part instrument recency through an IPC. 135.48 In the final rule, the FAA stated However, the FAA did not intend to The FAA proposed to define that the primary objective was to eliminate this option for SICs in part ‘‘technically advanced airplane’’ in upgrade the level of safety by providing 135. The FAA intended only for § 61.1 based on the common and passengers traveling on a flight proposed § 135.245 to list the express essential components of advanced conducted under part 135 with a level requirements for instrument recency avionics systems equipped in an of safety comparable to part 121, rather than reference the requirements airplane, including a primary flight considering the differences between the of another part. Because the express display (PFD), a multifunction flight requirements for instrument recency operations. Further, the FAA stated that display (MFD) and an integrated two includes the IPC requirements of the final rule upgraded training, testing, axis autopilot. The FAA proposed that § 61.57(d), the FAA is including the IPC and proficiency requirements to ensure a TAA must include a PFD that is an requirements in new § 135.245(d). that passengers on aircraft operated electronic display integrating all of the However, to avoid confusion with under part 135 are flown by well following flight instruments together: § 135.297, which contains separate and qualified crewmembers. Specifically, An airspeed indicator, turn coordinator, unique instrument proficiency check the FAA stated that, ‘‘[s]ection 135.245 attitude indicator, heading indicator, requirements for PICs, the FAA is not not only contributes to raising the level altimeter, and vertical speed indicator. using the term ‘‘instrument proficiency of safety in part 135, but also enhances Additionally, the FAA proposed that an check’’ in § 135.245(d). Instead, the FAA crewmember qualifications.’’ 49 The independent MFD must be installed that is using the term ‘‘reestablish provides a GPS with moving map FAA’s position has not changed; instrument recency’’ for SICs.50 operations under part 135 require a navigation system and an integrated two The FAA notes that § 135.245(a) and 52 higher level of safety than operations axis autopilot. The proposed (c)(1) remain unchanged from the definition of TAA would have applied under part 91 including a higher level proposal. of crewmember qualifications than to permanently-installed equipment. required under part 61. Consistent with D. Completion of Commercial Pilot GAMA suggested the FAA work with the higher level of safety required for Training and Testing in Technically industry in refining the definition of part 135 operations, the FAA is Advanced Airplanes TAA to ensure that it is appropriately flexible to accommodate future retaining the requirement for an Prior to this final rule, a pilot seeking instructor to observe the tasks and technologies. a commercial pilot certificate with an The FAA recognizes that the proposed iterations conducted in an FSTD. The airplane single-engine class rating was definition would have been too FAA notes that this requirement has required to complete 10 hours of prescriptive. As explained throughout been relocated to § 135.245(c)(2)(iii). training in either a complex or turbine- this section, the FAA has revised the However, the FAA is no longer using 51 powered airplane. In the NPRM, the proposed language in response to the term ‘‘authorized instructor’’ as FAA proposed to add a definition of industry’s concerns to make it more proposed in the NPRM. The term technically advanced airplane (TAA) to flexible and accommodating of new ‘‘authorized instructor’’ is defined in § 61.1 and amend the training technologies. Furthermore, the FAA § 61.1; it is not defined in part 135. requirements to allow a pilot seeking a recognizes that the definition of TAA Therefore, for consistency with part 135 commercial pilot certificate with an would have inappropriately embedded requirements, the FAA is revising airplane single-engine class rating to requirements, which may have inhibited proposed § 135.245(c)(2)(iii) to clarify complete the 10 hours of training in a future technologies from falling under that the tasks and iterations must be the definition of a TAA.53 The FAA is observed by a flight instructor qualified 50 Consistent with the technical amendment to § 61.57(d), which is explained in section III.L. of this preamble, the FAA is not using the term 52 The MFD may also include additional 47 Legal Interpretation to Mr. Terrence K. Keller, ‘‘practical test standards’’ in the regulatory text of capabilities such as depicting weather, traffic, Jr. from Rebecca B. MacPherson, Assistant Chief § 135.245(d). Rather, for the reasons explained in terrain, navigation aids and airport information, but Counsel for Regulations (Aug. 6, 2010). section III.L., the FAA is codifying in § 135.245(d) these capabilities would not have been necessary to 48 Final Rule, ‘‘Regulatory Review Program: Air the areas of operation required to reestablish meet the proposed definition. Taxi Operators and Commercial Operations,’’ 43 FR instrument recency. 53 If the FAA were to adopt requirements in the 46742 (Oct. 10, 1978). 51 14 CFR 61.129(a)(3)(ii) and appendix D to part definition of TAA, the FAA would not be able to 49 43 FR at 46773. 141. grant an exemption from those requirements in the

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therefore revising the definition of TAA Aeronautical Knowledge defines a PFD split-screen display or two independent in § 61.1 to contain a more general and MFD in the glossary. PFD is defined screens for the PFD and MFD provided description of a TAA. TAA is now as ‘‘a display that provides increased the displays contain the minimum defined as an airplane equipped with an situational awareness to the pilot by elements required for each. electronically advanced avionics replacing the traditional six instruments Furthermore, in response to Twin City’s system. The FAA is relocating the used for instrument flight with an easy- comment, the FAA is clarifying the requirements regarding what a TAA to-scan display that provides the MFD requirements by first describing must contain to § 61.129 by adding new horizon, airspeed, altitude, vertical what the display shows (i.e., a moving paragraph (j). The FAA is also adding speed, trend, trim, and rate of turn map) and then describing how the language to § 61.129(j) to allow the FAA among other key relevant indications.’’ display is facilitated (i.e., using GPS to authorize the use of an airplane that MFD is defined as a ‘‘small screen (CRT navigation). Accordingly, § 61.129(j)(2) may not otherwise meet the or LCD) in an aircraft that can be used now requires the MFD to include, at a requirements of a TAA. This additional to display information to the pilot in minimum, a moving map using GPS language is intended to provide numerous configurable ways. Often an navigation. The FAA believes this flexibility by allowing the FAA to MFD will be used in concert with a revision to the proposed language accommodate future technologies that primary flight display.’’ clarifies that a system with a moving do not necessarily meet the confines of The FAA believes the terms PFD and map display common to GPS/WAAS the regulatory requirements for a TAA MFD add clarity to the TAA navigators would satisfy the MFD in § 61.129(j).54 requirements by describing and requirement. Additionally, the FAA is AOPA stated that the terms ‘‘Primary prioritizing the display features and requiring the aircraft position to be Flight Display (PFD)’’ and elements for TAA avionics and their displayed on the moving map. The FAA ‘‘Multifunction Display (MFD),’’ which respective functions. For example, the finds this additional language adds are not defined anywhere, will cause term PFD is specific to the use of the clarity to the MFD requirement and confusion. AOPA further noted that the primary flight controls to maintain ensures that existing equipment, such as same argument applies to removing aircraft attitude and positive control. the systems identified by Twin City, ‘‘advanced’’ from ‘‘electronically The PFD is used by the pilot to execute would satisfy the MFD requirement for advanced avionics system.’’ The appropriate use of the control stick or a TAA. addition of ‘‘advanced,’’ without any yoke for pitch and bank, rudder pedals Several commenters noted ambiguity clarification, will generate questions for yaw, and throttle for engine power. with requiring the MFD to include an over whether a particular system The PFD is designed specific to ‘‘integrated two axis autopilot.’’ Garmin qualifies as advanced or not. AOPA controlling the aircraft attitude and noted that the G500 and G600 have commented that if a particular airplane altitude relative to the horizon and the autopilot mode control and is equipped with the items in proposed surface of the earth, especially when annunciations capabilities for select paragraphs (i) and (ii), then the airplane outside visibility is poor or unavailable. autopilots on the PFD, not the MFD should be considered equipped as a The MFD has a different priority; its portion of the display. Therefore, the TAA with the appropriate electronic function is secondary to the PFD. The autopilot function itself is provided in avionics system. MFD is designed for navigational use a separate piece of equipment and not The FAA is retaining the terms and position awareness information, included in the MFD. Garmin also noted even though it may include some PFD that equipment, such as Garmin’s ‘‘Primary Flight Display,’’ features for redundancy. Furthermore, GTN650 and GTN750, could be ‘‘Multifunction Display,’’ and the FAA is requiring certain minimum considered an independent additional ‘‘advanced’’ in the TAA requirements. display elements for both a PFD and MFD that includes GPS with moving The FAA disagrees that the terms PFD MFD, respectively, thereby clarifying map navigation but the autopilot and MFD will cause confusion. These what will be considered a PFD or MFD. function and related mode control and terms are currently used and described As for the term ‘‘advanced,’’ the FAA annunciations are provided in separate in several FAA publications that are finds it necessary to describe the pieces of equipment. Twin City recognized by the aviation industry, avionics system of a TAA as suggested the FAA remove ‘‘integrated’’ including the Airplane Flying ‘‘advanced’’ to differentiate current new from the description of the autopilot, Handbook (FAA–H–8083–3B), the glass cockpit aircraft designs from older allowing the use of independent/ Pilot’s Handbook of Aeronautical aircraft that used six independent aftermarket autopilot systems. Knowledge (FAA–H–8083–25), the mechanical dial/analog style flight In response to these comments, the Aviation Instructors Handbook (FAA– instruments. FAA did not intend to exclude systems H–8083–9A), the Instrument Flying Twin City suggested the FAA clarify that provide autopilot functions Handbook (FAA–H–8083–15B), and the whether the MFD requirement may be separate from the MFD. The FAA is FAA/Industry Training Standards satisfied by a split-screen display (e.g., therefore separating the ‘‘two-axis (FITS). The Pilot’s Handbook of Dynon Skyview) or two independent autopilot’’ requirement from the MFD screens (e.g., Garmin G500) contained requirement. Accordingly, under new future because the FAA’s regulations describe an within a single physical unit. Twin City § 61.129(j)(3), the two axis autopilot is exemption as a request for relief from the requirements of a regulation. 14 CFR 11.15. also asked whether the moving map no longer required to be included as 54 The FAA will revise Order 8900.1, Flight display of common GPS/WAAS part of the MFD. This change from what Standards Information Management System, Vol. 5, navigators (e.g., Garmin GTN650/750, was proposed allows the use of Chapter 1, Sec. 4, Considerations for the Practical Avidyne IFD 440/540) would meet the independent/aftermarket autopilot Test, 5–85 AIRCRAFT AND EQUIPMENT USED DURING PRACTICAL TESTS to describe the MFD requirement. systems. process for obtaining an authorization that Section 61.129(j)(2) requires only the Twin City also asked the FAA to designates an aircraft as a TAA in accordance with minimum elements of a MFD; it does specify whether the integrated autopilot § 61.129(j). The FAA will also revise AC 61–65 to not preclude the use of a split-screen must include GPS roll steering (GPSS). provide guidance on how to submit a request to the Administrator to gain approval of an airplane as a display or two independent screens Furthermore, Twin City asked whether TAA, if the airplane does not already meet the contained within a single physical unit. the proposed two-axis requirement express requirements of § 61.129(j). Therefore, a manufacturer may use a would have been satisfied by autopilots

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with altitude hold function only, or if minimum, a Global Positioning System GPS navigation with the aircraft vertical navigation (altitude preselect, (GPS) with moving map navigation and position displayed. glideslope tracking, etc.) is required. an integrated two axis autopilot’’ is GAMA commented that the FAA In response to Twin City’s comments, problematic. Garmin explained that the should consider whether it is the TAA requirements of § 61.129(j) do MFD portion of the G500 and G600 has appropriate to evaluate designating not require the autopilot to have GPSS. a moving map that is driven by GPS but certain rotorcraft as technically However, § 61.129(j) specifies only the the GPS is a separate piece of equipment advanced for certain training and testing minimum requirements for a TAA. and not included in the MFD portion of related initiatives in the future, noting Therefore, an autopilot may have the display. several benefits. additional features, including GPSS. In reference to the G500 and G600 The FAA appreciates GAMA’s The ‘‘two axis’’ requirement refers to the equipment identified by Garmin, the comments. However, the FAA finds it lateral and longitudinal axes. The FAA understands that the PFD and MFD unnecessary to designate a rotorcraft as autopilot at a minimum must be able to can be driven or supported by other technically advanced at this time track a predetermined GPS course or pieces of equipment to provide for its because there are no regulatory heading selection, and also be able to required functionality. Many of the requirements to obtain training in a hold a selected altitude. The autopilot is display features for the PFD and MFD technically advanced rotorcraft. not, however, required to control can be driven by separate pieces of 2. Amendment to Aeronautical vertical navigation other than holding a equipment that are connected to the Experience Requirement for Commercial selected altitude. The FAA is revising display. The TAA requirements in no Pilots the proposed language for clarity and to way restrict the use of peripheral or accommodate future advancements in supporting equipment that enables the The FAA proposed to amend technology. Rather than requiring the display functionality described for the § 61.129(a)(3)(ii) and appendix D to part MFD to have an integrated two axis PFD and MFD in the TAA requirements. 141 to allow a pilot seeking a autopilot, the FAA is requiring the TAA Therefore, the FAA finds that the G500 commercial pilot certificate with an to have a two axis autopilot integrated and G600 equipment identified by airplane category single engine class with the navigation and heading Garmin likely satisfies the requirements rating to complete the 10 hours of guidance system. The FAA believes this for an MFD. training in a complex airplane, turbine- revision from what was proposed Garmin also commented that the powered airplane, or a TAA, or any 57 clarifies the minimum requirements for phrase ‘‘Global Positioning System combination of these three airplanes. the two axis autopilot and also allows (GPS) with moving map navigation’’ AOPA, American Flyers, Bemidji, for flexibility in autopilot design and inappropriately mixes ‘‘GPS’’, ‘‘moving Eagle Flight Centre, UND, NATA, Twin installation. map’’, and ‘‘navigation’’ functionality. City, and nine individuals, supported AOPA, Garmin, and GAMA Garmin noted that FAA has separate the proposal, noting that it would recommended that the FAA not require TSOs for these functions, including for provide training alternatives to aging the MFD to be an ‘‘independent GPS sensors: TSO–C145 (GPS with complex airplanes and reduce costs. additional’’ piece of equipment because SBAS), TSO–C161 (GPS with GBAS), Several commenters noted that allowing this requirement would preclude a and TSO–C196 (GPS only); for moving TAAs in place of complex airplanes single display that features the required map: TSO–C165, and for navigation: would introduce commercial pilot information of both a PFD and a MFD TSO–C146 (standalone navigation candidates to risk management and from qualifying as a TAA. equipment using GPS/SBAS sensor) and increase pilot proficiency in systems The FAA agrees that the proposed TSO–C115d (required navigation management, integration, and use of definition of TAA would have been performance (RNP) equipment using glass cockpit instrumentation, which unintentionally restrictive and would multi-sensor inputs). Garmin added that would result in a safer, more valuable have excluded some qualifying aircraft it would be better to list these functions training experience. Commenters unnecessarily with its use of the phrase separately to allow for avionics explained the costs and maintenance ‘‘independent additional.’’ The architectures that provide these issues associated with aging complex proposed requirement for an MFD to be functions in different equipment that airplanes, and stated that allowing an independent additional piece of still supports the concept of a TAA. TAAs to be used as a replacement equipment was intended to ensure that In response to Garmin’s concern with would address the lack of availability of the minimum display elements are the use of the terms GPS, moving map, complex airplanes. Furthermore, several visible at all times. The FAA is not and navigation, the FAA is only commenters believed the proposal opposed to an aircraft having one describing the display functionality would enhance safety, while others display or piece of hardware that meets requirements of the PFD and MFD commented that any potential risk to the overall definition requirements of equipment. The FAA is not adopting safety would be mitigated by the § 61.129(j). The FAA is therefore any requirements for the underlying requirement in § 61.31(e) that a pilot removing the phrase ‘‘independent architecture or supporting equipment receive training and an endorsement additional’’ from the proposed language that would provide for the display from an instructor prior to acting as PIC to allow a single piece of equipment or functions or capabilities.56 Therefore, in a complex airplane. single display to satisfy the requirement while there may be different TSOs for As commenters noted, there are for both a PFD and MFD. However, to the various functions of GPS, moving several benefits associated with ensure that both displays are visible at map, and navigation resulting in allowing TAAs to be used in place of the same time, the FAA is requiring the separate pieces of underlying complex airplanes. For these reasons display elements for both the PFD and equipment, this equipment can support and for the reasons explained in the MFD (paragraphs (j)(1) and (2)) to be the MFD requirements so long as the 55 57 continuously visible. MFD includes a moving map that uses As previously stated, prior to this final rule, a Garmin noted that the proposed pilot seeking a commercial pilot certificate with an airplane single-engine class rating was required to phrase ‘‘(MFD) that includes, at a 56 The FAA notes that any installed equipment complete 10 hours of training in either a complex must meet the appropriate regulatory requirements or turbine-powered airplane. 14 CFR 61.129(a)(3)(ii) 55 14 CFR 61.129(j)(4) and standards. and appendix D to part 141.

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NPRM, the FAA is amending the applicant was seeking a land or sea Bemidji added that the current language § 61.129(a)(3)(ii) and appendix D to part rating. The FAA recognizes, however, in § 61.31(e) may become an issue in the 141 to allow a pilot seeking a that proposed § 61.129(a)(3)(ii) did not typical flight training environment if the commercial pilot certificate with an accurately reflect this intent as it complex airplane is no longer needed airplane category single engine class applied to commercial pilot applicants for the commercial certificate, and if rating to complete the 10 hours of for single-engine sea ratings. Rather, fixed gear multiengine aircraft become training in a complex airplane, turbine- proposed § 61.129(a)(3)(ii) would have more popular in the flight training powered airplane, or a TAA.58 allowed a commercial pilot applicant environment. AOPA recommended the FAA revise for a single-engine sea rating to use only the proposed rule language of a complex airplane. Therefore, The FAA agrees with revising § 61.129(a)(3)(ii) and appendix D of part consistent with its intent, the FAA is § 61.31(e) and (f) to allow a competency 141 to clarify that the combined use of revising proposed § 61.129(a)(3)(ii) to check under part 135 to meet the complex, turbine-powered, and allow applicants for a commercial pilot requirements for training in complex or technically advanced airplanes is certificate with a single-engine class high performance airplanes. However, permitted. rating (including both land and sea) to the FAA is not providing an exception As evident from the NPRM, the FAA complete the 10 hours of training in a for part 121 or 125 operators. The intended to allow a pilot seeking a complex, turbine-powered, or change to the commercial pilot training commercial pilot certificate with a technically advanced airplane, or any requirements to allow use of a TAA single engine class rating to complete combination thereof. The FAA is instead of a complex airplane for the the 10 hours of training in any specifying in § 61.129(a)(3)(ii), however, airplane single-engine class rating could combination of complex, turbine- that the airplane must be appropriate to require a part 135 air carrier or operator powered, and technically advanced land or sea depending on the rating to provide this training to newly airplanes. However, the proposed rule sought, which is consistent with the employed pilots who may not have language did not reflect this intent. The requirement in § 61.129(a)(3)(ii) as it previous experience in complex FAA is therefore adding language to existed prior to this final rule. The FAA airplanes. The FAA understands § 61.129(a)(3)(ii) and appendix D to part is also adding language to appendix D Bemidji’s comment to indicate that this 141 to clarify that any combination of a to part 141 to clarify that the airplane change could also require a part 135 air complex airplane, turbine-powered used to satisfy the 10 hours of training carrier or operator to provide high- airplane, or TAA may be used. For in a complex, turbine-powered, or TAA performance airplane training to newly consistency, the FAA is also adding must be appropriate to land or sea employed pilots. The FAA infers this language to § 61.129(b)(3)(ii) and depending on the rating sought.59 suggestion from Bemidji’s comment appendix D to part 141 to clarify that a Bemidji suggested the FAA add an because many complex airplanes are pilot seeking a commercial pilot exception to § 61.31(e), which also high-performance airplanes. As a certificate with a multiengine class prescribes additional training for result, many pilots complete complex rating may complete the 10 hours of operating complex airplanes, and and high-performance training using the training using any combination of § 61.31(f), which prescribes additional same airplane. Therefore, since a multiengine complex airplanes or training for operating high-performance complex airplane is no longer required multiengine turbine-powered airplanes. airplanes, to allow a part 135 flight Furthermore, as explained in the instructor without a current flight for the commercial certificate with an NPRM, the FAA proposed to amend instructor certificate/flight instructor airplane single-engine class rating, it is § 61.129(a)(3)(ii) and appendix D to part instrument certificate to satisfy the more likely that a newly-employed pilot 141 to allow an applicant for a training and endorsement requirements at a part 135 air carrier or operator commercial pilot certificate with a of paragraphs (e) and (f). Bemidji might not have previous experience in single-engine class rating to complete 10 recommended an exception similar to a high-performance airplane. hours of training in a complex, turbine- § 61.31(g)(3)(iv), which excepts from the In accordance with § 135.323, a part powered or technically advanced training and endorsements requirements 135 air carrier or operator is currently airplane. The FAA explained how of paragraphs (g)(1) and (2) persons who required to establish and implement an demonstration of proficiency in an can document satisfactory completion of approved training program that ensures airplane that is electronically complex a PIC proficiency check under part 121, that each pilot, flight instructor, and will be comparable to the demonstration 125, or 135 conducted by the check pilot is adequately trained to of proficiency in an airplane that is Administrator or by an approved pilot perform his or her assigned duties. mechanically complex. Thus, based on check airman. Bemidji noted that Therefore, a part 135 approved training the FAA’s proposal, the option to use a complex airplane training is becoming program for an airplane that meets the TAA was intended to apply to all difficult for new pilots to receive in both definition of complex or high- commercial pilot applicants for a single- part 61 and part 141 flight school performance will include the required engine class rating regardless of whether environments and that an increasing ground and flight training necessary to number of part 135 instructors do not meet the intent of § 61.31(e)(1)(i) and 58 General Aviation Airplane Shipment Report, maintain a current flight instructor (f)(1)(i), as applicable. All part 135 End-of-Year 2006 (Washington, DC: General certificate because it is not required. Aviation Manufacturers Association, 2007) pilots are required to complete a indicates that 92 percent of the 2,540 piston § 135.293 competency check every 12 airplanes delivered during 2006 were equipped 59 Under appendix D to part 141, each approved with glass cockpit electronic flight displays. An course must include flight training on the approved calendar months. Therefore, the FAA Aircraft Owners and Pilots Association Air Safety areas of operation listed in section 4, paragraph (d) agrees with Bemidji that it is Foundation Special Report titled ‘‘Technically that are appropriate to the aircraft category and appropriate to include an exception in Advanced Aircraft—Safety and Training’’ states class rating for which the course applies. For an ‘‘virtually every newly designed transportation airplane single-engine course, paragraph (d) § 61.31(e) and (f) for persons who have airplane is a TAA, including Lancair, Cirrus, requires training on airport and seaplane base successfully completed a § 135.293 Diamond, and the Adam 500 * * * Many owners operations. Therefore, the FAA finds that the ten competency check in a complex or high are retrofitting their classic aircraft to convert them hours of training in a complex, TAA, or turbine- performance airplane, or in an FSTD to TAA with IFR-certified GPS navigators and powered airplane should be appropriate to land or multifunction displays.’’ sea depending on the rating sought. that is representative of a complex or

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high performance airplane.60 The FAA with respect to commercial pilot valuable experience in cockpit is adding these exceptions to certification. management procedures and complex § 61.31(e)(2)(ii) and (f)(2)(ii).61 The FAA Similarly, SAFE and one individual systems operations, not provided by notes that, in accordance with these recommended the FAA require a TAA. Specifically, LOBO noted that the exceptions, the competency check must commercial pilot to have at least 10 perception that an FAA checkride in a be documented in the pilot’s logbook or hours of PIC time in a complex airplane single engine TAA will produce a training record. Because part 125 prior to exercising commercial commercial pilot with the same skills as operators are not required to have privileges in a complex airplane. one who had to learn complex airplane approved training programs, persons The FAA is not adding additional operations is false. One individual will not have received the required training or experience requirements to noted that training in a complex ground and flight training specific to the § 61.31(e). Adding the option to train in airplane provides the proper mindset operation of complex and high a TAA at the commercial pilot level and cockpit management procedures performance airplanes in accordance does not change the FAA’s safety needed in order to be successful long with an approved training program prior assessment that a person who complies term pilots. Additionally, one to completing a part 125 competency with § 61.31(e), which requires training individual, identified as an instructor, check. Therefore, the FAA is not and an endorsement from an authorized noted that the original purpose of the providing an exception for part 125 instructor certifying that the person is regulation was to ensure pilot operators. Furthermore, the FAA finds it proficient to operate a complex airplane, demonstration and mastery of both the unnecessary to include a part 121 is sufficient. technical aspects of the system LOBO and four individuals, including proficiency check as an exception to operation and incorporating that one who identified himself as an § 61.31(e) and (f). Section 121.159 understanding into the safe and efficient instructor, opposed the provision, prohibits certificate holders from operation of the airplane. This asserting that the proposed amendments operating a single-engine airplane under individual further believed that the FAA would provide for a commercial pilot part 121. To obtain a commercial has lost sight of that purpose in seeking certificate without experience operating certificate with an airplane multiengine to substitute a TAA in place of complex the controls of a mechanically complex land class rating, § 61.129 requires a or turbine powered airplanes. airplane. LOBO stated that as proposed, The FAA disagrees with comments pilot to have received training in a training will result in a pilot who can multiengine complex airplane. suggesting that TAA skills are not as operate TAA, but will know nothing significant or as necessary as complex Furthermore, § 121.436 requires pilots about systems and procedures on serving in part 121 operations to hold an airplane skills. The FAA does not complex airplanes such as controllable suggest that this is the same skill set ATP certificate and an appropriate type pitch propellers and retractable landing required for operating a complex rating, and § 61.159(a)(3) requires an gear systems. LOBO further stated that airplane, but an appropriate experience applicant for an ATP certificate with a many of these commercial pilots will go requirement for a commercial pilot multiengine rating to have 50 hours of on to get flight instructor certificates applicant. This final rule allows the flight time in a multiengine airplane (of and teach in single engine airplanes, combined use of a turbine-powered, which 25 hours may be completed in a again without having to demonstrate complex, or TAA for satisfying the FFS). As a result, the FAA expects that complex system operations. The experience requirements. In fact, most, pilots will receive the training and individual, who identified himself as an if not all, production aircraft currently endorsements required by § 61.31(e) and instructor, stated that it is the produced now have glass cockpits (f) prior to obtaining employment at a degradation in physical pilot skills that utilizing advanced LCD displays for part 121 air carrier. has been noticed over time as having aircraft control and navigation. These An individual, who identified himself become problematic to the FAA and advanced flight information systems are as a pilot, suggested that to mitigate the National Transportation Safety Board. becoming mainstream equipment in risk of gear up landings for students that This commenter noted the importance both general and commercial aviation did not receive training in complex of demonstrated skill with learning, aircraft operations, and many older airplane it may be appropriate to amend understanding and demonstrating a aircraft are being retrofitted with this the requirements of 14 CFR 61.31(e). complicated aircraft system in the new instrument glass cockpit This individual suggested requiring performance of flight duties. Another technology. additional experience and/or training individual noted that the proposal The FAA emphasizes that prior to prior to receiving the complex would provide the pilot with no acting as PIC of a complex airplane, a endorsement, rather than keeping the experience in the flight dynamics commercial pilot (or any other requirement under § 61.129(a)(3)(ii) (changing pitch and drag) when certificated pilot) must receive and log operating landing gear, flaps and a additional ground and flight training in 60 In accordance with § 135.341, part 135 air controllable propeller. a complex airplane and receive an carriers or operators with only one pilot employee LOBO and three individuals, one of endorsement from an authorized are not required to have an approved training whom identified himself as an instructor certifying that the person is program. While these pilots are still required to instructor, noted that a combination of proficient to operate a complex have satisfactorily completed a § 135.293 62 competency check every 12 calendar months, the complex airplane and TAA for use airplane. This final rule does not FAA finds that they may only be excepted under during training and checking would be remove or amend that requirement in new § 61.31(e)(2)(ii) and (f)(2)(ii) if they have a better choice. Specifically, LOBO any way. The FAA does not dispute that received ground and flight training under an suggested that commercial pilot proficiency in a complex airplane is a approved training program. 61 To add the exceptions to paragraphs (e)(2) and applicants should have to demonstrate necessary skill for a commercial pilot (f)(2), the FAA had to reorganize the paragraphs. proficiency with both glass cockpit who intends to operate as PIC in such Accordingly, the exceptions that were provided in technology and complex system airplanes. Authorized flight instructors former paragraphs (e)(2) and (f)(2) are now in operations, including use of the landing who provide these complex airplane paragraphs (e)(2)(i) and (f)(2)(i), respectively. The new exception for persons who have satisfactorily gear. endorsements have a responsibility to completed a competency check under § 135.293 are LOBO and three individuals generally now in § 61.31(e)(2)(ii) and (f)(2)(ii). noted that current requirements provide 62 14 CFR 61.31(e).

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ensure the pilot is proficient and United States.’’ (Turner, 2015). LOBO commercial pilot experience competent before providing the stated that Turner also stated that requirement. endorsement. Therefore, pilots will landing gear related mishaps cost the LOBO disagreed with the FAA’s continue to be formally trained and insurance industry (and the owners who position that there are certain challenges required to demonstrate competency pay premiums) nearly $1 million per with availability, maintenance and cost and proficiency in a complex airplane month in claims or $12 million per year, of complex airplanes. Specifically, prior to receiving an endorsement far more than the $1.6 million per year LOBO stated that the FAA’s position authorizing a pilot to operate and act as 65 in savings proposed by the NPRM. that airplanes with retractable landing PIC in a complex airplane.63 The FAA The FAA reviewed the gear up gear are unavailable for purchase, further emphasizes that a fixed amount landing statistics referenced by LOBO of time or experience in an aircraft does expensive to maintain, and are not and has determined, with the assistance equipped with glass cockpits, is false. not guarantee pilot proficiency. Training of the National Transportation Safety time requirements leading to pilot LOBO noted that it is aware of at least Board, that the gear up landing statistics one retractable gear airplane with a proficiency can vary from one are significantly less than described, Garmin G500 cockpit and that there are individual to another. A flight instructor representative of mostly private single engine retractable gear airplanes is expected to provide a sufficient operators, and the majority of them not suitable for flight training available at amount of training time as necessary to engaged in commercial operations. The affordable prices, but did not provide verify proficiency before providing a NTSB reported to the FAA that between any specific data. One individual pilot operating privileges and January 2013 and June 2016 there were endorsements.64 a total of 59 gear-up incidents and acknowledged the higher maintenance LOBO and two individuals believed accidents reported, and all but one was costs for complex airplanes, but also that the proposal would increase the operating under part 91 operating noted the higher acquisition costs for risk of gear up landings. LOBO asserted rules.66 Additionally, of the 59 reports, TAAs. This individual explained that that the number one cause of all Lancair half were private pilots acting as PIC there is little cost difference to the accidents and incidents is failure to and 93% reported no injuries. This student because the equally high follow proper procedures. An information suggests that the cost of maintenance and acquisition costs are individual explained the need for pilots such incidents or accidents is much passed on to the renter. Another to be trained on operations of retractable lower and contradicts the LOBO’s individual believed that the initial landing gear and the associated position and referenced data. This acquisition costs for TAAs makes the emergency procedures. This individual would also reduce the insurance costs cost of training in TAA far greater than emphasized that training in a TAA estimates that LOBO references from in complex airplanes. cannot serve as a substitute. This final rule does not eliminate the Turner, and suggests that those costs are Based on public comment, the GAMA requirement for a pilot to receive also significantly lower. LOBO failed to shipment database, and discussion with training in complex airplane operations provide how this third party statistical large general aviation organizations, the prior to acting as PIC of a complex data is captured, substantiated, or current fleet of available complex airplane. The amendment to verified. In the NPRM, the FAA airplanes is decreasing. Many § 61.129(a)(3)(ii) allows a pilot to use a determined that the cost savings commenters describe limited or no TAA as an alternative to a complex benefits allowing the use of TAA would availability of complex airplanes for airplane to satisfy the aeronautical be about $9.7 million or $8 million in rent. New production of these types of experience specified in paragraph present value at a 7 percent discount complex airplanes used for initial flight (a)(3)(ii). However, under § 61.31(e), a rate. This was based on half of all initial training is at an all-time low,68 and pilot is still required to receive training single engine commercial pilot maintenance costs for many of those in a complex airplane and an applicants (based on the number of older complex airplanes is steadily endorsement from the authorized certificates issued in previous years) increasing. As noted previously, other instructor certifying that the pilot is using a TAA aircraft for training and on commenters discussed the difficulty of proficient to operate a complex airplane the practical test. This also included obtaining parts and the associated cost. prior to acting as PIC of a complex cost savings associated with those who Additionally, the FAA never stated that airplane. An authorized instructor is would train and use a TAA for the flight complex airplanes do not have glass 67 responsible for providing as much instructor airplane practical test. The cockpits. The LOBO statement training time as necessary to ensure a FAA believes this is a very conservative describing a new complex airplane with person is proficient before providing a estimate and it is likely that more than a G500 glass cockpit at an affordable complex airplane endorsement. half will take advantage of using a less cost is contradictory to the current Therefore, the FAA does not expect the expensive TAA airplane for the understanding of the high cost for such final rule to result in an increase in gear complex airplanes. Also, the up landings. 65 In the NPRM, the FAA proposed that the cost commenter’s reference to higher LOBO cited a report by Tom Turner savings benefits allowing the use of TAAs would be about $9.7 million or $8 million in present value acquisition costs for TAA fails to take of the American Bonanza Society that at a 7 percent discount rate. While the commenter into account that the acquisition cost for noted ‘‘Tracking accident reports did not explain where he came up with $1.6 a retractable gear airplane of the same through other sources, I’ve found that million, the FAA assumes that the commenter year of production as a TAA aircraft, is nearly 20 percent of all accidents in divided $8 million by 5 years because the FAA estimated the net quantifiable present value benefits also equally expensive if not more so piston-powered, retractable gear over a 5 year analysis period. aeroplanes are gear-up landings. The 66 NTSB data available at https://app.ntsb.gov/ 68 The General Aviation Manufacturers U.S. Federal Aviation Administration avdata/ or contact the National Transportation Association website shows Cessna has not (FAA) tells us there is an average of Safety Board at 202–314–6000 and ask to be produced a piston engine retractable gear airplane three gear-up landings every week in the transferred to the Safety Research and Statistical since 1985 and Piper has produced only 28 piston Analysis Division and request a query of the engine airplanes with retractable gear since 2008 database. (16 being the Piper Arrow model). Production for 63 14 CFR 61.31(f) and (i). 67 81 FR 29719, May 12, 2016 (and the associated Beechcraft is also at an all-time low for piston single 64 14 CFR 61.31(e)(1). regulatory evaluation). engine airplanes with retractable gear.

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than a TAA.69 It may be true that there seaplane have flaps and a controllable include the option to use a TAA during are older less expensive complex pitch propeller has not been updated to the commercial pilot (single-engine airplanes available, but again, the reflect the revised definition of airplane) or flight instructor (single- limited availability, difficulty of ‘‘complex airplane’’ in § 61.1. In 2011, engine airplane) practical tests.72 obtaining parts and the cost associated the FAA amended the definition of Instead, the FAA removed from the with maintenance and refurbishing ‘‘complex airplane’’ to include airplanes commercial pilot ACS the requirement these older aircraft, makes their use cost and seaplanes equipped with a full to provide a complex or turbine prohibitive. authority digital engine control powered airplane for the initial practical The FAA also received comments on (FADEC).70 The FAA is, therefore, test.73 Additionally, the FAA removed ensuring the flight instructor providing adding language to § 61.129(b)(3)(ii) to from the flight instructor PTS the the training in a complex airplane or accommodate seaplanes equipped with requirement to provide a complex TAA is qualified to provide the training. a FADEC consistent with the definition airplane for the practical test.74 Specifically, SAFE recommended the of complex airplane in § 61.1. As explained in the NPRM, there are FAA amend § 61.195 to require a flight far fewer single engine complex instructor to have at least 10 hours of 3. Amendments to Commercial Pilot airplanes available to meet the ACS PIC time in a complex airplane prior to and Flight Instructor Practical Test requirement, and the single engine giving instruction in a complex airplane Standards complex airplanes that are available are and at least 10 hours of PIC time in a In the NPRM, the FAA proposed to older aircraft that are expensive to TAA prior to giving instruction in a revise the commercial pilot single maintain. Revising the airmen TAA. An individual also recommended engine airplane practical test standards certification standards to include the requiring flight instructors to have 10 (PTS) to permit the use of a TAA in option to use a TAA for the commercial hours of PIC time in a complex airplane. place of a complex or turbine-powered pilot and flight instructor practical tests The FAA is not requiring a flight airplane during the initial practical would have alleviated some of the cost, instructor to obtain a minimum of 10 test.71 The FAA also proposed to revise maintenance and production issues hours as PIC in a complex airplane prior the flight instructor single engine associated with single engine complex to instructing in a complex airplane. As airplane PTS to permit the flight airplanes. However, the FAA found that discussed previously, the FAA finds instructor applicant to use a TAA removing the ACS requirements to that the current training and during the initial practical test. furnish a complex or turbine powered endorsement requirement to act as PIC AOPA supported the proposed airplane achieves the same objectives. of a complex airplane as set forth in changes to the commercial pilot and Additionally, the FAA determined that § 61.31, in conjunction with the flight flight instructor PTS because they are removing these ACS/PTS requirements, instructor’s demonstrated knowledge of necessary to carry out the proposed rather than adding the option to use a the fundamentals of instruction, is amendments to § 61.129(c)(3)(ii) and TAA, more significantly reduces costs sufficient to ensure that this type of appendix D to part 141. for persons pursuing a commercial pilot training is provided effectively. UND recommended the FAA not or flight instructor certificate by Furthermore, the ability to provide require an applicant to use a TAA for allowing applicants to utilize less training in a complex airplane without the flight instructor practical test. UND expensive airplanes on the practical test having been evaluated on a practical test described that, according to the flight that are not turbine driven, complex, or is consistent with other § 61.31 instructor single engine airplane PTS, technically advanced. Furthermore, the endorsements, including high the TAA would be needed for ‘‘takeoff FAA found that no longer requiring a performance aircraft, tailwheel aircraft, and landing maneuvers as well as complex airplane to be furnished for the and high altitude operations. appropriate emergency procedures’’ and initial commercial pilot or flight Additionally, the FAA is not requiring questioned why a two axis autopilot is instructor practical test will not result in a flight instructor to obtain 10 hours as needed to demonstrate proficiency for a decreased level of safety. Airplanes PIC in a TAA prior to instructing in a takeoff and landings in a VFR traffic provided for the practical test will be TAA. The proposal was intended only pattern. UND suggested that this PTS less complex, newer, and not as likely to introduce commercial pilot requirement should be removed from a to fail due to mechanical and candidates to TAAs. Flight instructors PTS that focuses on VFR maneuvers. maintenance issues associated with are currently permitted to provide flight UND requested the removal of both the older single engine complex airplanes. training in airplanes with glass-cockpits complex airplane and the TAA airplane Additionally, prior to operating as PIC without having to receive any specific requirement from the flight instructor of a complex airplane, a pilot is still amount of training in the aircraft. single engine airplane PTS. required to receive flight training and an Therefore, allowing a flight instructor to Upon further review, the FAA endorsement from an authorized provide flight instruction in a TAA decided not to revise the commercial without first receiving extensive 72 pilot airman certification standards The FAA is in the process of replacing the training in the TAA will not result in a practical test standards (PTS) with the airman (ACS) and flight instructor PTS to decreased level of safety. Flight certification standards (ACS). instructors have the responsibility of 73 Notice N 8900.463, Use of a Complex Airplane 70 Final Rule, ‘‘Pilot in Command Proficiency During a Commercial Pilot or Flight Instructor ensuring their familiarity with an Check and Other Changes to the Pilot and Pilot Practical Test (Apr. 24, 2018) (outlining a change aircraft prior to providing flight School Certification Rules, 76 FR 54095, 54101 in policy regarding the testing of applicants for a instruction in that aircraft. (Aug. 31, 2011). commercial pilot or flight instructor certificate), Furthermore, since the NPRM, the 71 Prior to this final rule, the commercial pilot available at https://www.faa.gov/documentLibrary/ _ FAA has determined that the PTS for airplane required a pilot to use a complex media/Notice/N 8900.463.pdf. The FAA no longer or turbine-powered airplane for takeoff and landing requires applicants for a commercial pilot requirement in § 61.129(b)(3)(ii) that a maneuvers and appropriate emergency tasks for the certificate with an airplane single-engine rating to initial practical test for a commercial pilot provide a complex or turbine-powered airplane for 69 See www.controller.com (listing the price of a certificate with an airplane category. Similarly, the the associated practical test. Id. 2017 C–172 with G1000 equipment (non-complex) flight instructor PTS for airplane required an 74 The FAA no longer requires applicants for a at $403,295 on June 15, 2017); SkyTech Piper instructor candidate to use a complex airplane for flight instructor certificate with an airplane single- Dealer (quoting the price of a 2017 Piper Arrow the performance of takeoff and landing maneuvers engine rating to provide a complex airplane for the (complex) at $466,880 on June 15, 2017). as well as appropriate emergency procedures. practical test. Id.

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instructor certifying his or her believed that removing the requirement multiengine airplane to include these proficiency in a complex airplane.75 of category and class for instrument one-engine inoperative tasks. The FAA concluded that any airplane instructors makes absolute sense and In the interest of safety, the FAA has may be used to accomplish the tasks instrument flying and the regulations determined that, in order to provide described in the commercial pilot are the same no matter what aircraft is instrument instruction in a multiengine (single-engine) ACS or flight instructor being flown. airplane competently and safely, the (single-engine) PTS, provided that The FAA recognizes that instrument flight instructor must have been trained aircraft is capable of accomplishing all procedures are fundamentally and tested on giving instruction in a areas of operation required for the consistent within a particular category multiengine airplane including practical test and is the appropriate of aircraft and that the same instrument instruction on one-engine inoperative category and class for the rating flight rules apply in the NAS regardless tasks. Any task required for the sought.76 Therefore, the aircraft used for of what aircraft is being flown. multiengine airplane rating has the the practical test must still meet the However, upon further review, the FAA potential for becoming a single engine requirements specified in § 61.45. has determined that a flight instructor operation. Verification of flight E. Flight Instructors With Instrument who does not possess an airplane instructor proficiency in teaching Ratings Only category multiengine class rating on his emergency scenarios such as a loss of an engine during multiengine operations In the NPRM, the FAA proposed to or her flight instructor certificate has not been trained and tested on giving ensures that flight instructors can revise § 61.195(b) and (c) to allow a successfully mitigate such risk and flight instructor who holds only an instruction in a multiengine airplane, specifically instruction on one-engine safely provide instrument training in instrument-airplane or instrument- multiengine airplanes. helicopter rating on his or her flight inoperative tasks. The Flight Instructor instructor certificate to conduct Instrument Practical Test Standards Therefore, the FAA is revising instrument training.77 As proposed, the (PTS) are not the same for single-engine proposed § 61.195(c) by adding new flight instructor and the pilot receiving and multiengine airplanes because the paragraph (c)(2), which requires a flight instrument training would both have PTS contains two tasks that are specific instructor who possesses an instrument 78 been required to hold category and class to multiengine airplanes. If an rating on his or her flight instructor ratings on their pilot certificates that are applicant is completing the flight certificate to also possess an airplane applicable to the aircraft in which the instructor instrument practical test in a category multiengine class rating on his instrument training is accomplished. multiengine airplane, the standards or her flight instructor certificate when direct the examiner to have the conducting instrument training in a Therefore, under this proposal, the 80 flight instructor would no longer have applicant perform at least one of the multiengine airplane. Section been required to hold the appropriate following tasks: (1) An engine failure 61.195(c)(1) contains the proposed category and class ratings in addition to during straight-and-level flight and requirement, which has been revised to the instrument rating on his or her flight turns (Task IX. C); or (2) an instrument apply only to flight instructors giving instructor certificate. approach with one engine inoperative instrument instruction in aircraft other 79 The FAA received four comments on (Task IX. D). Similarly, the Flight than multiengine airplanes. Thus, this proposal. Three commenters Instructor Airplane PTS contains § 61.195(c)(1) allows an instrument-only supported the proposed changes to additional tasks for persons completing flight instructor to conduct instrument § 61.195(b) and (c); one individual the practical test in a multiengine training in an aircraft (other than opposed them. airplane, including tasks related to multiengine airplanes) provided the American Flyers stated that if an operating a multiengine airplane with instructor and the pilot receiving instrument instructor holds the one engine inoperative. Therefore, a instrument training hold category and appropriate category and class on his or flight instructor who holds an class ratings on their pilot certificates her commercial pilot certificate, he or instrument rating and an airplane that are applicable to the aircraft in she has already demonstrated category multiengine class rating on his which the instrument training is 81 proficiency on the tasks required for the or her flight instructor certificate has accomplished. commercial practical test. Eagle Sport been trained and tested on conducting The FAA is also revising § 61.195(e) stated that instrument procedures are training in a multiengine airplane to to clarify that a flight instructor may not standard across the board and include one-engine inoperative give instrument training in an aircraft instrument instructors should be maneuvers and/or approaches. The FAA that requires the PIC to hold a type qualified to teach them. One individual emphasizes that an initial flight rating unless the flight instructor holds instructor candidate who completes a a type rating for that aircraft on his or 75 14 CFR 61.31(e). flight instructor instrument-airplane her pilot certificate. While this revision 76 14 CFR 61.45. rating practical test in a single engine was not proposed in the NPRM, flight 77 Section 61.195 sets forth the limitations and airplane has not been trained and tested instruction includes instrument qualifications for flight instructors. Prior to this on providing instruction in a training; 82 therefore, former § 61.195(e) final rule, under § 61.195(b), an instructor could not conduct flight training in any aircraft for which the instructor did not hold a pilot certificate and flight 78 FLIGHT INSTRUCTOR INSTRUMENT 80 Section 61.195(c)(2) requires a flight instructor instructor certificate with the applicable category Practical Test Standards for AIRPLANE and conducting instrument training in a multiengine and class ratings for the aircraft in which the HELICOPTER, FAA–S–8081–9D with Changes 1 & airplane to meet the requirements of § 61.195(b), training was provided. Additionally, under 2, U.S. Department of Transportation, Federal which requires the flight instructor to hold the § 61.195(c), a flight instructor who provided Aviation Administration (July 2010). In ‘‘IX. Area applicable category and class rating on his or her instrument training for the issuance of an of Operation: Emergency Operations,’’ the FAA flight instructor certificate. instrument rating, a type rating not limited to VFR, notes that ‘‘[t]he examiner shall omit TASKS C and 81 As the FAA noted in the NPRM, the powered- or the instrument training required for commercial D unless the applicant furnishes a multiengine lift category does not contain any corresponding pilot and ATP certificates was required to hold an airplane for the practical test, then TASK C or D is class ratings, on either a pilot certificate or flight instrument rating on his or her pilot certificate and mandatory.’’ instructor certificate. flight instructor certificate that was appropriate to 79 The Flight Instructor Instrument PTS does not 82 Under § 61.1, ‘‘Instrument training’’ means that the category and class of aircraft used for the contain separate tasks for applicants completing the time in which instrument training is received from training. practical test in a multiengine helicopter. Continued

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would have applied to flight instructors final rule, § 61.195(b) required a flight sport pilot rating to receive a minimum conducting instrument training under instructor to hold a type rating only if of 1 hour of ground training and 3 hours paragraph (c). The FAA is revising appropriate. The FAA did not propose of flight training in an airplane with a paragraph (e) only for clarity. to change this requirement. Therefore, Vh greater than 87 knots CAS or in a FFS One individual, who is identified as the FAA is revising proposed or FTD that replicates an airplane with 87 a flight instructor, believed that an § 61.195(b) to require the flight a Vh greater than 87 knots CAS. instrument-only flight instructor may instructor to hold a flight instructor The FAA also proposed to revise not possess the skills necessary to certificate appropriate to category and § 61.415 by adding a new paragraph (h) manipulate the aircraft if the pilot flying class; to hold a pilot certificate; and to to clarify that a flight instructor with a loses control of the aircraft. The meet the requirements of § 61.195(e), if sport pilot rating may not conduct flight commenter further stated that applicable. Section 61.195(e) requires a training on control and maneuvering an instrument-only flight instructors do not flight instructor to hold a type rating on aircraft solely by reference to the have to demonstrate stalls or spin his or her pilot certificate if the aircraft instruments in an airplane that has a Vh proficiency on the practical test, and requires the PIC to hold a type rating. greater than 87 knots CAS without described observing many pilots on The FAA will revise FAA Order meeting the requirements in proposed instrument proficiency checks 8900.1 to be consistent with the flight § 61.412. Additionally, the FAA incorrectly recovering from an unusual instructor privileges and limitations proposed to revise § 91.109(c) to permit attitude training event pushing the associated with this rule. Additionally, a flight instructor with a sport pilot aircraft closer to a stall/spin scenario. these instructor privileges and rating who has obtained the For the reasons explained above, the limitations described for instrument endorsement proposed in § 61.412 to FAA agrees that an instrument-only training in an aircraft will also be serve as a safety pilot only for the flight instructor may not possess the applicable to training credits permitted purpose of providing flight training on skills needed to conduct instrument when using an FFS, FTD, or ATD.84 control and maneuvering solely by training in a multiengine airplane and is reference to the instruments to a sport F. Light-Sport Aircraft Pilots and Flight revising proposed § 61.195(c) pilot applicant seeking a solo cross Instructors accordingly. However, the FAA believes country endorsement in an airplane that a flight instructor with only an 1. Sport Pilot Flight Instructor Training with a Vh greater than 87 knots CAS. instrument-airplane rating or Privilege The FAA received six comments instrument-helicopter rating possesses In the NPRM, the FAA proposed to regarding this proposal. All commenters the skills necessary to conduct add new § 61.412 to authorize a flight supported the FAA allowing flight instrument training in an aircraft (other instructor with a sport pilot rating to instructors with a sport pilot rating to than a multiengine airplane). The Flight provide training on control and provide training to sport pilot Instructor Instrument Airplane and maneuvering solely by reference to the applicants on control and maneuvering Helicopter PTS states that examiners instruments to sport pilot applicants solely by reference to the flight shall place special emphasis upon areas receiving flight training for the purpose instruments. However, each commenter of aircraft operations considered critical of solo cross-country requirements in an expressed concern and offered revisions to flight safety, including positive airplane that has a V greater than 87 to proposed § 61.412. h AOPA, Chesapeake Sport Pilot (2 aircraft control, stall/spin awareness, knots CAS.85 Because a flight instructor individuals), and one individual and other areas deemed appropriate to with a sport pilot rating is not evaluated 83 recommended the FAA except flight any phase of the practical test. on this instructional knowledge, the instructors with a sport pilot rating who Additionally, because § 61.195(c)(1) FAA proposed to require a flight also hold at least a private pilot requires the flight instructor and the instructor with a sport pilot rating to certificate with a single-engine airplane pilot receiving the instrument training receive training and an endorsement rating from the proposed § 61.412 to hold on their pilot certificates the from a flight instructor certificated training requirement. appropriate category and class ratings in under subpart H that affirms the flight The FAA is not providing an advance of the instrument training, both instructor with a sport pilot rating has exception to the training and the instructor and the applicant will been found competent and is qualified endorsement requirements of § 61.412 have already been found proficient in to provide flight training on tasks and for flight instructors with a sport pilot stall prevention, recognition, and maneuvers performed solely by rating who also possess a private pilot recovery for the aircraft in which the reference to the flight instruments.86 certificate or higher. As the FAA instrument training will be Proposed § 61.412(b) would have explained in the NPRM, § 61.412(b) accomplished. required the flight instructor with a Furthermore, the FAA is revising and involves flight training for the purpose of giving instruction on control and restructuring proposed § 61.195(b) for 84 14 CFR 61.65(h) and (i). clarity. Proposed § 61.195(b)(2) would 85 Prior to this final rule, a flight instructor with maneuvering solely by reference to the have required the flight instructor to a sport pilot rating was not allowed to provide instruments. While a person who holds hold a pilot certificate with a type training on control and maneuvering solely by at least a private pilot certificate with a reference to the instruments. However, sport pilot single-engine airplane rating has rating, if appropriate. The FAA finds applicants are required to receive this training for that this language could have been the purpose of solo cross-country requirements in received three hours of flight training in interpreted as requiring the flight an airplane that has a Vh greater than 87 knots CAS. a single-engine airplane on the control instructor to hold a type rating, which 14 CFR 61.93(e)(12). Therefore, prior to this final was not the FAA’s intent. Prior to this rule, sport pilot applicants were required to obtain 87 Private pilot applicants have a similar this training from a flight instructor certificated requirement under § 61.109(a)(3) that requires 3 under subpart H of part 61. hours of flight training in a single-engine airplane an authorized instructor under actual or simulated 86 A flight instructor with a sport pilot rating is on the control and maneuvering of an airplane conditions. not required to receive this endorsement. The solely by reference to instruments, including 83 FLIGHT INSTRUCTOR INSTRUMENT endorsement will only be required if the flight straight and level flight, constant airspeed climbs Practical Test Standards for AIRPLANE and instructor with a sport pilot rating seeks the and descents, turns to a heading, recovery from HELICOPTER, FAA–S–8081–9D with Changes 1 & privilege of providing training to sport pilot unusual flight altitudes, radio communications, and 2, U.S. Department of Transportation, Federal applicants on maneuvering solely by reference to the use of navigation systems/facilities and radar Aviation Administration (July 2010). the flight instruments. services appropriate to instrument flight.

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and maneuvering of an airplane solely tasks described in the Private Pilot ACS continued review of the NPRM, the FAA by reference to the instruments pursuant Area VIII, Task F. discovered that the express language of to § 61.109(a)(3), he or she has not The FAA disagrees with SAFE’s § 61.195(c) would have prohibited an received training specific to ‘‘giving assertion. The training and subsequent instrument-only flight instructor from instruction’’ on control and endorsement that will be provided to providing flight training on the control maneuvering solely by reference to the the flight instructor with a sport pilot and maneuvering of an airplane solely instruments. Therefore, the training rating is not meant to be a practical test by reference to the flight instruments. requirements of § 61.412(b) are not and should not be treated as such. The As explained in the NPRM, a subpart H duplicative to § 61.109(a)(3). instructor providing the training can instructor is instrument rated and Eagle Sport LLC commented that make the determination of competency knowledgeable on the appropriate requiring a flight instructor with a sport without referencing the PTS standards. techniques for safely accomplishing pilot rating to obtain additional The training and endorsement required flight by reference to the flight instruction and an endorsement in order under § 61.412 is similar in nature to the instruments. Because flight training on to provide training on control and other training and endorsements the control and maneuvering of an maneuvering solely by reference to the instructors provide, such as for high airplane solely by reference to the flight flight instruments is needlessly performance, complex, or tailwheel instruments is not instrument training, cumbersome. One individual airplanes. it may be provided by a flight instructor commenter suggested that an SAFE also stated that it is unclear who does not hold an instrument rating endorsement may be sufficient (without what ‘‘use of radio aids and ATC on his or her flight instructor the need for a specific training time directives’’ means under proposed certificate.92 The FAA, therefore, requirement). § 61.412(c). To more clearly define it, concludes that a flight instructor who The FAA is requiring a flight SAFE suggested referencing the ‘‘Private holds an instrument rating on his or her instructor with a sport pilot rating to Pilot ACS Area VIII, Task F, Radio flight instructor certificate that is receive and log a minimum of one hour Communications, Navigation Systems/ appropriate to the aircraft in which the of ground training and three hours of Facilities, and Radar Services’’ instead. training is provided should also be flight training, as proposed. As stated in Because § 61.412(c) requires the flight allowed to provide flight training on the the NPRM,88 the basic instrument flight instructor with a sport pilot rating to control and maneuvering of an airplane training should involve flight training receive an endorsement certifying that solely by reference to the flight for the purpose of giving instruction on the instructor is proficient in providing instruments. Accordingly, the FAA is control and maneuvering solely by the flight training specified in adding new paragraph (l) to § 61.195 to reference to the flight instruments, § 61.93(e)(12), the FAA is describing the expressly allow an instrument-only including straight and level flight, turns, flight training in § 61.412(c) by using instructor to provide this training descents, climbs, use of radio aids, and language that mirrors the language of notwithstanding § 61.195(c). air traffic control directives.89 § 61.93(e)(12). Thus, the language ‘‘use The FAA understands that a flight Therefore, § 61.412(c) requires a flight of radio aids and ATC directives’’ does instructor with a sport pilot rating has instructor with a sport pilot rating to not introduce a new concept into the already demonstrated proficiency in the receive training for the purpose of regulations. It has been used in 14 CFR fundamentals of instruction and course giving instruction on the tasks specified 61.93 since 1997.91 Flight instructors development. A flight instructor with a in § 61.93(e)(12), as proposed. The FAA authorized under subpart H of part 61 sport pilot rating is evaluated and then believes that a minimum amount of have been conducting the flight training qualified on the fundamentals of flight training time on the tasks specified in required by § 61.93, which includes instruction before receiving a flight § 61.412(c) and an endorsement ‘‘use of radio aids and ATC directives,’’ instructor certificate.93 That same flight certifying proficiency in those tasks are for over 20 years. The FAA believes the instructor with a sport pilot rating will necessary to ensure that a flight phrase ‘‘use of radio aids and ATC then receive additional training from a instructor with only a sport pilot rating directives’’ is sufficiently clear. flight instructor authorized under has the experience, proficiency, and SAFE also stated that it is unclear subpart H, specific to giving instruction skills necessary to provide his or her what type of instructor would be on control and maneuvering solely by sport pilot students with the training authorized under subpart H. SAFE reference to the instruments. The FAA and skills required to safely operate a questioned if this should be any flight believes this will enable the flight light-sport aircraft solely by reference to instructor that meets the appropriate instructor with a sport pilot rating to the flight instruments.90 category and class requirement, an provide the training under § 61.93(e)(12) SAFE agreed that a one-time instrument flight instructor, or an effectively and safely. endorsement is appropriate, but asserted instructor who meets the requirements AOPA recommended the FAA revise that the minimum training requirement to provide instruction for an initial proposed § 61.412(b) to allow flight is insufficient. SAFE recommended that flight instructor certificate applicant. instructors with a sport pilot rating to the flight instructor with a sport pilot SAFE suggested the training be receive the required three hours of flight rating be required to demonstrate all the provided by an instructor with training in an ATD. AOPA explained substantial experience who also meets 88 81 FR at 29734. the requirements to provide training for 92 Legal Interpretation, Letter to Scott Rohlfing 89 14 CFR 61.93(e)(12). the initial flight instructor certificate. from Lorelei Peter, Acting Assistant Chief Counsel 90 Section 61.315 prescribes the privileges and for Regulations (Feb 24, 2016); Legal Interpretation, limitations of a person who holds a sport pilot The FAA intended for any flight Letter to Taylor Grayson from Rebecca B. certificate. Under § 61.315(c), a person who holds instructor authorized under subpart H to MacPherson, Assistant Chief Counsel for a sport pilot certificate may not act as PIC of a light provide the requisite training and Regulations (Jan. 4, 2010); Legal Interpretation, sport aircraft when the flight or surface visibility is endorsement to a flight instructor with Letter to Taylor Grayson from Rebecca B. less than 3 statute miles, or without visual reference MacPherson, Assistant Chief Counsel for to the surface. The FAA notes that receiving flight a sport pilot rating. However, in its own Regulations (July 6, 2010). instruction on control and maneuvering solely by 93 FAA–S–8081–29 SPORT PILOT Practical Test reference to the flight instruments does not give a 91 Final Rule, ‘‘Pilot, Flight Instructor, Ground Standards for Flight Instructor Pg. 4–13, I. AREA sport pilot privileges to operate contrary to the Instructor, and Pilot School Certification Rules,’’ 62 OF OPERATION: FUNDAMENTALS OF limitations established in § 61.315(c). FR 16220 (Apr. 4, 1997). INSTRUCTING.

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that a flight instructor with a sport pilot pilot certificate’’ is also consistent with any training received from a sport pilot rating who holds an endorsement under the terminology that exists in current instructor that would be credited must § 61.327(b) has already been found § 61.93(e)(12). Furthermore, the FAA is be completed in an aircraft appropriate proficient in an airplane with a Vh referencing § 61.327(b) for the reasons to the category and class rating for the greater than 87 knots CAS. Additionally, identified by AOPA. recreational or private pilot certificate because the flight instructor with a sport Eagle Sport LLC expressed concern sought.97 pilot rating and the sport pilot student with requiring student pilots seeking a As an alternative, the FAA considered will not be rated to fly under IFR, all the sport pilot certificate to receive training allowing all training received from a training to be conducted under on flight solely by reference to the flight sport pilot instructor to be credited by proposed §§ 61.412 and 61.93(e)(12) instruments as part of training for cross- an applicant seeking a recreational or will be performed under simulated country flight if operating a light sport private pilot certificate. An applicant instrument meteorological conditions, airplane that has a Vh greater than 87 would still be required to obtain a not actual instrument meteorological knots CAS. minimum of three hours of training in conditions. Lastly, AOPA also stated This requirement has existed since preparation for the practical test (within that limitations on the use of certain February 1, 2010.94 The NPRM did not the preceding 2 calendar months) from ATDs being used for this type of flight propose any changes to this a flight instructor under subpart H,98 as training can be imposed by the LOA requirement; therefore, Eagle Sport well as be endorsed by a flight process when the FAA evaluates and LLC’s comments on this provision are instructor under subpart H as being approves an ATD. outside the scope of this rulemaking. prepared for the required practical test. The FAA recognizes that proposed One commenter recommended the The FAA sought public comment, and § 61.412(b) would have allowed the FAA add instrument time to the any associated data, on this alternative. three hours of flight training to be requirements for flight instructors with The FAA received 13 comments on conducted in an airplane with a Vh a sport pilot rating. The FAA is not this proposal. Twelve commenters greater than 87 knots CAS, or in a FFS adopting this recommendation. The supported the proposed rule changes; or FTD that replicated an airplane with FAA finds it unnecessary to require a one commenter opposed them. a Vh greater than 87 knots CAS. The flight instructor with a sport pilot rating EAA, AOPA, one individual, and two FAA did not intend to preclude the use to obtain instrument training because a commenters writing on behalf of of ATDs under this provision. Because sport pilot may not operate when the Chesapeake Sport Pilot recommended ATDs are currently permitted to satisfy flight or surface visibility is less than 3 that all the training time received from training requirements for the instrument statute miles, or without visual a flight instructor with a sport pilot rating and recency, the FAA finds that reference to the surface.95 rating be allowed for credit for the they should also be allowed to satisfy The FAA notes that §§ 61.415 and recreational or private pilot certificate. the flight training requirements of 91.109 remain unchanged from the Both EAA and AOPA indicated that the § 61.412(b). Accordingly, the FAA is NPRM. The FAA also notes that it will same fundamental knowledge is revising proposed § 61.412(b) to also revise AC 61–65F to include the required for the sport pilot certificate as allow the use of ATDs, as AOPA appropriate endorsement language that other pilot certificates, that many of the recommended. can be used when authorizing a flight flight training requirements and tasks AOPA also recommended clarifying instructor with a sport pilot rating. changes to proposed § 61.412. First, 61.413. Therefore, prior to this final rule, under AOPA recommended revising the 2. Credit for Training Obtained as a § 61.51(h), a pilot could not count flight training Sport Pilot received from a flight instructor with only a sport proposed rule language to clarify that pilot rating (subpart K instructor) towards the the solo cross-country endorsement is In the NPRM, the FAA proposed to training requirements for a recreational pilot not issued pursuant to § 61.93(e)(12). revise § 61.99 and add new § 61.109(l) to certificate or private pilot certificate with category Rather, the required flight training allow a portion of the flight training ratings other than powered parachute and weight- maneuvers and procedures are listed shift control aircraft. received from a sport pilot instructor 97 For the airplane category single engine class, under § 61.93(e)(12). Second, AOPA who does not also hold a flight the FAA proposed to allow 10 hours of sport pilot stated that § 61.327 requires two instructor certificate issued under the training to be credited toward the 15 hours of different endorsements. AOPA requirements in subpart H to be credited training required for a recreational pilot certificate recommended referencing § 61.327(b), and toward the 20 hours of training required for the toward a portion of the flight training private pilot certificate. For the rotorcraft category rather than § 61.327 in its entirety, requirements for a recreational or gyroplane class, the FAA proposed to allow 10 because paragraph (b) requires the private pilot certificate with airplane, hours of sport pilot training to be credited toward endorsement for sport pilots who want rotorcraft, or lighter-than-air the 15 hours of training required for the recreational to operate a light-sport aircraft that has 96 pilot certificate and toward the 20 hours of training categories. The FAA proposed that required for the private pilot certificate. For the a Vh greater than 87 knots CAS. lighter-than-air category airship class, the FAA The FAA is revising proposed 94 Certification of Aircraft and Airmen for the proposed to allow 12.5 hours of sport pilot training § 61.412 to clarify that the flight training Operation of Light-Sport Aircraft; Modifications to to be credited toward the 25 hours of training on control and maneuvering an aircraft Rules for Sport Pilot, 75 FR 5204 (Feb. 1, 2010). The required for the private pilot certificate. For the solely by reference to the instruments is FAA removed the training requirement for student lighter-than-air category balloon class, the FAA pilots seeking a sport pilot certificate to receive proposed to allow 5 hours of sport pilot training, provided under § 61.93(e)(12), and the training in the control and maneuvering of an including 3 training flights with an authorized solo cross-country endorsement is airplane solely by reference to flight instruments instructor, to be credited toward the 10 hours of issued under § 61.93(c)(1). Additionally, prior to conducting solo cross-country flight in an flight training, including 6 training flights with an the FAA is using the phrase ‘‘student aircraft other than airplanes with a VH greater than authorized instructor, required for a private pilot 87 knots CAS. 75 FR at 5211. certificate. pilot seeking a sport pilot certificate,’’ 95 14 CFR 61.315(c). 98 14 CFR 61.109(a)(4), (d)(3), and (g)(3). The FAA rather than the proposed term ‘‘sport 96 Under § 61.51(h), a person may log training notes, however, that a person who applies for a pilot applicant,’’ because it more time when that person receives training from an private pilot certificate with a lighter-than-air accurately describes the pilots who authorized instructor in an aircraft, FFS, or FTD. A category and balloon class rating is required to sport pilot instructor is not authorized to conduct obtain a minimum of 2 hours in preparation for the must obtain the solo-cross country training for a recreational pilot certificate or a practical test within the preceding 2 calendar endorsement under § 61.93(c)(1). The private pilot certificate with airplane, rotorcraft, months from the month of the test. 14 CFR phrase ‘‘student pilot seeking a sport glider, or lighter-than-air category ratings. 14 CFR 61.109(h)(1) and (2).

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are the same, and that the credit limit pilots pursuing a sport pilot (in instrument maneuvers during the sport 104 does not provide a safety benefit. AOPA airplanes with a Vh greater than 87 knots pilot practical test. However, the stated there are sufficient safeguards in calibrated airspeed (KCAS)), holder of a sport pilot certificate who place, including subpart H instructor recreational pilot, or private pilot seeks a private pilot certificate will be training and endorsements, to ensure certificate in a single engine airplane required under § 61.109(a)(4) to receive that a sport pilot will be properly must receive the training specified in 3 hours of flight training in a single- qualified for the recreational or private § 61.93(e)(12) that includes control and engine airplane with a flight instructor pilot certificate and to ensure there is maneuvering solely by reference to authorized under subpart H in not a reduction in proficiency or safety. flight instruments, including straight preparation for the private pilot EAA and one individual stated that a and level flight, turns, descents, climbs, practical test. Because a large portion of flight instructor with a sport pilot rating use of radio aids, and ATC directives. In the Private Pilot ACS requires a is equally capable of providing recognition that these training tasks are demonstration of basic instrument flight instruction on the areas common to the similar to the ones described in maneuvers, a flight instructor under sport, recreational, and private pilot § 61.109(a)(3), which requires ‘‘control subpart H must observe an applicant’s certificates as a subpart H instructor. and maneuvering of an airplane solely proficiency before endorsing the student Several commenters, including EAA, by reference to instruments, including pilot for the private pilot practical noted how the proposal would lower straight and level flight, constant test.105 As such, even though a sport the cost and provide a viable path for airspeed climbs and descents, turns to a pilot may credit basic instrument flight those pursuing higher certificates. One heading, recovery from unusual flight training received from a flight instructor individual supported the proposal, attitudes, radio communications, and with a sport pilot rating toward noting how the current regulations the use of navigation systems/facilities § 61.109(a)(3), an applicant for a private imply that a flight instructor with a and radar services’’, the FAA will allow pilot certificate will likely receive as sport pilot rating is less qualified than training tasks described in § 61.93(e)(12) part of the training required by a subpart H instructor. provided to a sport pilot candidate by a § 61.109(a)(4) a substantial amount of After review of the comments and flight instructor with a sport pilot rating, flight training from a subpart H flight further analysis, the FAA has decided to to be credited toward the private pilot instructor on basic instrument flight allow all training received from a flight training requirements specified in maneuvers, including straight and level instructor with a sport pilot rating to be § 61.109(a)(3). This training credit will flight, constant airspeed climbs and credited by an applicant seeking a only be applicable if the training was descents, turns to a heading, recovery recreational or private pilot certificate. provided by a flight instructor with a from unusual flight attitudes, radio The FAA recognizes that an applicant sport pilot rating who has received the communications, and the use of for a sport pilot certificate must training and endorsement required by navigation systems/facilities and radar complete flight training on many of the § 61.412.103 However, the FAA has services appropriate to instrument same areas of operation required for a identified that the requirement for flight. Furthermore, a designated pilot 99 recreational or private pilot certificate. training specific to ‘‘recovery from examiner (DPE) will observe and test the Additionally, as explained in the unusual attitudes’’ specified in private pilot candidate on these basic NPRM, many of the tasks and § 61.109(a)(3) must be accomplished by instrument maneuvers according to the maneuvers outlined in the practical test a subpart H instructor. Sport pilot proficiency standards in the private standards for a sport pilot are the same candidates are not required to receive pilot ACS. as those outlined in the practical test training on recovery from unusual The FAA agrees with AOPA that standards for recreational or private sufficient safeguards are in place to 100 attitudes under § 61.93(e)(12). pilot. In fact, these areas of operation Therefore, § 61.412, which allows flight prevent any reduction in safety, must be performed to identical including the additional training and 101 instructors with a sport pilot rating to 106 proficiency standards. Therefore, the provide the flight training under recommendations required and FAA believes that all training received § 61.93(e)(12) provided the training and provided by a subpart H instructor and as a sport pilot candidate is relative to endorsement requirements are satisfied, the requirement for the applicant to pass the aeronautical experience required for a knowledge test and practical test to does not require flight instructors with a higher certificate. Accordingly, the the standards specified for that grade of a sport pilot rating to receive training FAA is not going to limit the sport pilot certificate. These safeguards would also from a subpart H instructor on recovery training that may be credited toward a include any additional training not from unusual attitudes. higher certificate to a prescriptive A student pilot seeking a sport pilot provided by a flight instructor with a number of hours. The FAA notes, certificate is not tested on basic sport pilot rating that is explicit to the however, that sport pilots applying for recreational or private pilot 107 a higher certificate are still required to 103 The FAA is adopting new § 61.412 in this final certificate. As previously stated, an complete all the requirements for the rule. Section 61.412 allows a flight instructor with applicant is also required to receive at specific certificate or rating sought, a sport pilot rating to provide flight training under least 3 hours of training in preparation which includes additional training § 61.93(e)(12) on control and maneuvering an for the practical test (within 2 calendar provided by a subpart H instructor and aircraft solely by reference to the flight instruments for the purpose of issuing a solo cross-country 104 successful completion of the knowledge endorsement under § 61.93(c)(1) to a student pilot Sport Pilot Practical Test Standards (FAA–S– test and practical test.102 seeking a sport pilot certificate, provided the flight 8081–29 Change 1, 2 and 3). Additionally, before receiving solo instructor with a sport pilot rating holds an 105 14 CFR 61.103(f), and Private Pilot cross-country privileges, all student endorsement required by § 61.327(b), has received Certification Standards (FAA–S–ACS–6A Change and logged the required training specified in 1). § 61.412(b) from an authorized instructor, and has 106 Authorized instructor recommendations 99 81 FR at 29735. received a one-time endorsement from a flight include signing the applicant’s pilot logbook record 100 Id. instructor authorized under subpart H who certifies and airman application certifying he or she is 101 Id. that the person is proficient in providing training prepared and qualified for the test. 102 Sections 61.99 and 61.109 contain the on control and maneuvering solely by reference to 107 For example, an applicant for a private pilot aeronautical experience requirements for the instruments in an airplane with a Vh greater certificate will still be required to receive night recreational and private pilot certificates, than 87 knots CAS. See Section III.E.1. Sport Pilot training and additional cross-country training respectively. Flight Instructor Training Privilege of this final rule. requirements. 14 CFR 61.109.

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months preceding the month of that flight instructors with a sport pilot SAFE commented that pilot application) from a flight instructor rating are still subject to the privileges certification under part 61 is based on qualified under subpart H.108 This and limitations of their flight instructor demonstrated performance. Therefore, if includes an endorsement from the flight certificate.112 Therefore, a flight a sport pilot meets the required instructor certifying that the applicant instructor with a sport pilot certificate is performance standards, the pilot should received training on the applicable areas not authorized to provide flight training not have to accomplish additional of operation for the certificate sought under subpart H to a recreational or training just because the previous and is prepared for the practical test. private pilot candidate. Lastly, training was provided by a subpart K For the reasons discussed above, the paragraph (l)(3) requires the flight instructor. FAA is revising § 61.99 and adding new training to include either: (i) Training The FAA notes that pilot certification paragraph (l) to § 61.109 to allow all on areas of operation that are required under part 61 is based on more than flight training received from a flight for both a sport pilot certificate and a flight proficiency. An applicant for a instructor with a sport pilot rating to be private pilot certificate; or (ii) training pilot certificate must meet all the credited toward the aeronautical on the control and maneuvering of an applicable aeronautical knowledge, experience requirements of §§ 61.99 and airplane solely by reference to the flight flight proficiency, and aeronautical 61.109, provided certain conditions are instruments, provided the training was experience requirements. Sections 61.99 met. The FAA notes that proposed received from a flight instructor with a and 61.109, which contain the § 61.109(l) would have allowed only a sport pilot rating who holds an aeronautical experience requirements certain amount of sport pilot training to endorsement required by § 61.412(c). for a person who applies for a be credited toward the private pilot The FAA finds that new paragraph recreational or private pilot certificate, certificate based on the specific aircraft (l)(3)(i) is consistent with the NPRM, respectively, prescribes flight training category and class rating sought. which explained that the FAA was and experience requirements above Because the FAA is now allowing all proposing to allow sport pilot training those that are required for a sport pilot 115 sport pilot training to be credited, the to be credited toward the flight training certificate. Therefore, while this FAA is revising proposed § 61.109(l) to requirements of a recreational or private rulemaking allows a sport pilot to credit no longer differentiate credit based on pilot certificate because of the common flight training received from a flight specific aircraft categories and classes areas of operation and proficiency instructor with a sport pilot rating and to clarify the conditions under standards in flight training for sport toward the flight training requirements which a sport pilot may credit sport pilots, recreational pilots, and private for a recreational or private pilot pilot training toward a private pilot pilots.113 As explained above, the FAA certificate, that pilot is still required to certificate. Therefore, new § 61.109(l) is adding new § 61.109(l)(3)(ii) because accomplish additional flight training allows the holder of a sport pilot new § 61.412 of this final rule will allow and experience requirements that certificate to credit flight training sport pilots to receive the training exceed those required for a sport pilot received from a flight instructor with a specified in § 61.93(e)(12) from flight certificate. These additional sport pilot rating toward the instructors with a sport pilot rating if requirements include additional aeronautical experience requirements of the training and endorsement training (e.g. night training), verification § 61.109 if the conditions specified in requirements of § 61.412 are met.114 of proficiency, and a recommendation paragraphs (l)(1) through (3) are The FAA is revising proposed from a flight instructor (qualified under satisfied. § 61.99(b) to be consistent with the subpart H) that the applicant is prepared reorganization of proposed § 61.109(l). for the practical test for the recreational Section 61.109(l)(1) requires the flight or private pilot certificate. training to be accomplished in the same One individual suggested that if a category and class of aircraft for which training for cross-country flight in an airplane that private pilot candidate can credit time the rating is sought. This requirement is has a Vh greater than 87 knots CAS. 112 Section 61.413 prescribes the privileges of a in a light sport aircraft, then the FAA consistent with the NPRM, which stated flight instructor certificate with a sport pilot rating. should allow a sport pilot candidate to that any training received from a sport Section 61.415 prescribes the limits of a flight credit his or her sport pilot training pilot instructor that would be credited instructor certificate with a sport pilot rating. toward the private pilot certificate in the under this rule must be completed in an Section 61.315 prescribes the privileges and limits of a sport pilot certificate. More specifically, the future. aircraft appropriate to the category and FAA notes that § 61.315(c) prohibits a sport pilot This final rule allows an applicant for class rating for the recreational or from acting as PIC of a light sport aircraft at night, a higher pilot certificate who receives private pilot certificate sought.109 and § 61.415(c) prohibits a flight instructor with a flight training from a flight instructor Section 61.109(l)(2) requires the flight sport pilot rating from providing training to operate a light sport aircraft in Class B, C, and D airspace, with a sport pilot rating, to credit that instructor with a sport pilot rating to be at an airport located in Class B, C, or D airspace, pilot time toward the aeronautical authorized to provide the flight training. and to, from, through, or at an airport having an experience requirements for a This requirement is consistent with the operational control tower, unless the instructor has recreational or private pilot certificate. NPRM, which explained that the FAA the endorsement specified in § 61.325, or is otherwise authorized to conduct operations in this This can include training accomplished was not proposing to expand the airspace and at these airports. Therefore, a flight in a Light Sport Aircraft (LSA). privileges of a flight instructor who instructor with a sport pilot rating is not authorized 110 holds only a sport pilot rating, other to provide flight training at night and may not be 115 For example, §§ 61.99(a)(2) and 61.109 require than as discussed in section III.E.1 of authorized to provide flight training at an airport a person to receive 3 hours of flight training with this preamble.111 The FAA emphasizes with an operating control tower. an authorized instructor in the aircraft for the rating 113 81 FR at 29735. sought in preparation for the practical test within 114 Under § 61.93(e)(2), when a student pilot the preceding 2 calendar months. Section 61.109 108 14 CFR 61.109(a)(4), (d)(3), (g)(3). seeking a sport pilot certificate receives training for also requires 3 hours of night training, 3 hours of 109 81 FR at 29735. cross-country flight in an airplane that has a Vh flight by reference to instruments, operations at an 110 81 FR at 29735. greater than 87 knots CAS, that student pilot must airport with an operating control tower, and some 111 As explained in section III.E.1 of this receive and log flight training in a single-engine additional cross-country time requirements. The preamble, new § 61.412 authorizes flight instructors airplane on control and maneuvering solely by FAA notes that night and instrument time are not with sport pilot ratings to provide training on reference to flight instruments, including straight required for balloon, powered parachute, or weight- control and maneuvering solely by reference to the and level flight, turns, descents, climbs, use of radio shift control aircraft at the private pilot certification instruments to sport pilot applicants receiving flight aids, and ATC directives. level.

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Both EAA and Chesapeake Sport Pilot recommended referencing the ACS same tasks and maneuvers as subpart H discussed that allowing only partial instead of the PTS to help facilitate the instructors because many of the training credit would have placed undue burden proposed changes in this rule. requirements and practical test on designated pilot examiners when The FAA implemented the ACS for standards for the recreational and trying to differentiate training provided Private Pilot Airplane on June 15, 2016, private pilot certificates are identical to by a subpart K instructor verses a subsequent to the publication of the those required for the sport pilot subpart H instructor since this time is NPRM. Because the Private Pilot ACS certificate. For example, as stated in the documented as ‘‘dual’’ instruction in a for Airplane superseded the Private NPRM, ten of the twelve areas of person’s logbook. Pilot PTS for Airplane,118 this final rule operation required in the airplane Because the FAA is allowing full preamble refers to the Private Pilot ACS practical test standards for private pilot credit for training received as a sport rather than the PTS. However, the FAA are also listed in the airplane practical pilot applicant, this alleviates concerns will continue to refer to the Sport Pilot test standards for sport pilot.121 These with differentiating training received PTS until it is replaced by the areas of operation must be performed to from a subpart H instructor versus applicable ACS.119 identical standards. Furthermore, sport training received from a flight instructor One individual commenter opposed pilots who pursue a recreational or with a sport pilot rating, when recording the provision. The commenter stated private pilot certificate will still be flight instruction in a person’s logbook. that a sport pilot instructor only has to required to receive additional training Flight instructors provide additional have a private pilot certificate and no and endorsements from a subpart H details in the applicant’s logbook other instrument rating. The commenter flight instructor and meet the additional than just describing dual instruction. A suggested that a sport pilot instructor experience and proficiency subpart H instructor is required to does not have the appropriate requirements for that certificate. For provide a recommendation in the pilot experience and background to provide example, an applicant for a recreational applicant’s logbook certifying that he or ‘‘airline discipline,’’ and claimed that or private pilot certificate will still be she has provided the required sport pilot ratings are sought due to a required to receive a minimum of three additional training referencing non-requirement for a medical hours of training within 2 calendar §§ 61.103(f), 61.107(b), and 61.109, for certificate. The individual claimed the months of the practical test from a flight 116 the private pilot certificate. This ‘‘general aviation safety record shows instructor certificated under subpart same flight instructor will certify flight the need for rigorous, standardized H.122 A flight instructor certificated training entries, in which he or she was training from the student’s first flight.’’ under subpart H is still required to the instructor providing the training, in Additionally, this individual asserted conduct training on all the areas of the student’s logbook with a signature, that the private pilot certificate requires operation and certify that the applicant 20 hours of instruction from an flight instructor certificate number, and is prepared for the practical test.123 authorized instructor who has a vastly expiration date. This allows an Thus, only a subpart H flight instructor superior background than a sport pilot examiner to verify that the additional may recommend an applicant for a flight training provided qualifies for the instructor. A flight instructor with a sport pilot recreational or private pilot practical higher certificate. test. The FAA notes that currently rating is not required to possess a The fact that a flight instructor with examiners are not required to verify the private pilot certificate. He or she is a sport pilot rating does not have an credentials of the recommending required to hold at least a sport pilot instrument rating on his or her pilot instructor unless there are extenuating certificate with the category and class certificate is not relevant because all the circumstances such as ensuring the ratings or privileges, appropriate to the training that he or she provides must be flight instructor meets the requirements flight instructor certificate held.120 The accomplished under visual flight rules. of § 61.195(h). Section 61.59 provides commenter’s reference to ‘‘airline This fact is also true for the majority of safeguards to ensure that the training discipline’’ is irrelevant since those who the flight training that a student receives flight instructors provide is appropriate possess a flight instructor certificate are in pursuit of a recreational or private to the certificate or rating for which a not held to airline standards. Only those pilot certificate.124 student is applying.117 Applicants have pursuing an airline transport pilot (ATP)

a responsibility to understand and be certificate with an airplane category and 121 familiar with the qualifications of the 81 FR at 29735. multiengine class rating are required by 122 See 14 CFR 61.99(a)(2) and 61.109(a)(4), (b)(4), person providing them training and regulation to be trained on air carrier (c)(3), (d)(3), (g)(3). recommendations. The FAA expects operations as outlined in § 61.156. 123 14 CFR 61.96(b)(5) and 61.103(f). applicants to provide additional There is no doubt that a subpart H 124 The FAA also notes that, similar to a subpart scrutiny to their own pilot records instructor must meet higher experience H instructor providing flight training to a before providing them to an examiner or recreational or private pilot applicant, a flight requirements than a flight instructor instructor with a sport pilot rating is not required inspector, who will verify the with a sport pilot rating. However, flight to have an instrument rating on his or her flight applicant’s experience and instructors with a sport pilot rating are instructor certificate. As noted in several legal qualifications. trained and tested on the same interpretations, a flight instructor who provides GAMA stated that since the flight training on the ‘‘control and maneuvering of fundamentals of instruction as a subpart an airplane solely by reference to the instruments’’ publication of the proposed rule, the H instructor. Additionally, flight is not required to hold an instrument rating on his FAA replaced the PTS for private and instructors with a sport pilot rating or her flight instructor certificate. Legal sport pilots with the Airman provide flight training on many of the Interpretation, Letter to Scott Rohlfing from Lorelei Certification Standards (ACS), which Peter, Acting Assistant Chief Counsel for Regulations (Feb. 24, 2016); Legal Interpretation, became effective in June 2016. GAMA 118 The Private Pilot PTS for Airplane was Letter to Taylor Grayson from Rebecca B. cancelled as of June 15, 2016. MacPherson, Assistant Chief Counsel for 116 AC 61–65F Certification: Pilots and Flight and 119 In light of GAMA’s comment, however, the Regulations (Jan. 4, 2010); Legal Interpretation, Ground Instructors provides recommended FAA has decided to update its terminology in 14 Letter to Taylor Grayson from Rebecca B. endorsements and rule references. CFR to reflect the transition from the PTS to the MacPherson, Assistant Chief Counsel for 117 Section 61.59 governs the falsification, ACS. For further explanation, see section III.L. of Regulations (July 6, 2010). Under § 61.65(d)(2), ‘‘the reproduction, or alteration of applications, this final rule preamble. required instrument time other than instrument certificates, logbooks, reports, or records. 120 14 CFR 61.403(c) Continued

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The FAA notes that the commenter’s and subsequent technical amendment, H. Temporary Validation of Flightcrew statement about persons seeking sport the FAA made changes to § 141.5(d); 128 Members’ Certificates by Part 119 pilot ratings due to the ability to fly however, the FAA explained that the Certificate Holders Conducting without a medical certificate is not changes were intended to clarify, not Operations Under Part 121 or 135 and relevant to the FAA’s proposal because alter, the existing rule requirements.129 by Fractional Ownership Program the proposal was not specific to medical In a legal interpretation dated July 1, Managers Conducting Operations Under certification requirements. Furthermore, 2011, the FAA stated that ‘‘the quality Part 91, Subpart K BasicMed now allows certain pilots to of training requirement under § 141.5(d) In the NPRM, the FAA proposed to operate without a medical certificate, is calculated based on the percentage of amend §§ 121.383(c) and 135.95 to provided certain conditions and successful first attempts on all allow part 119 certificate holders limitations are met.125 knowledge tests, practical tests, and conducting operations under part 121 or end-of-course tests for appendix K G. Pilot School Use of Special Curricula 135 to provide their flightcrew members courses.’’ 130 Because the FAA never Courses for Renewal of Certificate a temporary verification document intended to alter the requirement that (valid for 72 hours) without the need of In the NPRM, the FAA proposed to ‘‘at least 80 percent of all tests an FAA exemption.131 The FAA also amend § 141.5(d) to allow the FAA to administered be passed on the first proposed to amend §§ 61.3(a) and issue or renew a pilot school certificate attempt,’’ the FAA finds that proposed 63.3(a) to permit the documents to a part 141 pilot school that holds a § 141.5(d) was accurately worded. provided by certificate holders to be training course approval for special Section 141.5(d) remains unchanged carried as an airman certificate or curricula courses based on their from the NPRM. The FAA expects that medical certificate, as appropriate.132 students’ successful completion of end- a pilot school will utilize special The FAA proposed that a certificate of-course tests for these FAA approved curricula course graduations when 126 holder would be required to obtain courses. applying for or renewing a pilot school approval from the Principal Operations AOPA supported this proposal noting certificate on or after the effective date Inspector to exercise this privilege. The that it could benefit the flight training of this provision, even if those special FAA also proposed to establish a community by encouraging the curricula course graduations occurred process to facilitate approval of a development of more FAA-approved before the effective date of this new rule Certificate Verification Plan via courses by part 141 schools and by provision. Therefore, effective July 27, Operations Specifications (A063).133 encouraging existing flight schools to 2018, pilot schools will be able to The FAA received five comments pursue part 141 certificates. immediately utilize graduates from from organizations and two comments SAFE believed the proposed language special curricula courses to qualify for from individuals. would have significantly changed the or renew their pilot school certificates Airlines for America (A4A), National effect § 141.5(d) has on pilot schools as described in § 141.5(d). Air Transportation Association (NATA), requesting approval or renewal of their and Regional Air Cargo Carriers certificates. SAFE asked the FAA to 128 Association (RACCA) recommended the reconsider its use of the words ‘‘all’’, After the 2009 final rule and subsequent technical amendment, § 141.5(d) stated: ‘‘Has FAA clarify what an acceptable form of ‘‘or’’, and ‘‘and,’’ and to reword the established a pass rate of 80 percent or higher on media is for the temporary validation proposed rule to ensure that the 80 the first attempt for all knowledge tests leading to a certificate or rating, practical tests leading to a document. A4A suggested revising percent or higher pass rate would be proposed § 121.383(c) to clarify that the computed properly. certificate or rating, or end-of-course tests for an approved training course specified in appendix K temporary document may be in either After reconsidering its use of the of this part.’’ ‘‘Pilot, Flight Instructor, and Pilot paper or electronic form. A4A noted words ‘‘all’’ and ‘‘and’’ in the proposed School Certification’’ Technical Amendment, 75 FR that this clarification would standardize rule, the FAA finds that proposed 56857 (Sep. 17, 2010); 14 CFR 141.5(d) (2011). 129 methods of documentation in the § 141.5(d), which would have required In 2009, the FAA sought to clarify the ‘‘quantity of training’’ requirement in § 141.5(d) by industry and, as more flight decks go an applicant for a pilot school certificate revising and relocating it to new paragraph (e). paperless, ensure that the airlines have to establish at least an 80 percent pass ‘‘Pilot, Flight Instructor, and Pilot School the ability to transmit the required rate on the first attempt for all tests Certification; Final Rule,’’ 74 FR 42500 (Aug. 21, administered, accurately reflects the 2009). As a result of the 2009 final rule, § 141.5(d) 131 Prior to this final rule, regulations required a 127 contained the ‘‘quality of training’’ requirement and FAA’s intent. Prior to 2009, § 141.5(e) contained the ‘‘quantity of training’’ person serving as a required flightcrew member of § 141.5(d) required at least 80 percent of requirement. The FAA explained in the preamble a United States civil aircraft to have his or her all tests administered to be passed on that the requirement that ‘‘at least 80 percent of airman certificate in his or her physical possession the first attempt. In the 2009 final rule those persons passed their test on the first attempt or readily accessible in the aircraft when exercising is not a change from the existing rule. The purpose the privileges of that certificate. 14 CFR 61.3(a) and of this change is clarifying the intent of the rule.’’ 63.3(a). The regulations also required a person training does not require the presence of a CFI but 74 FR 42500, 42538. The FAA issued a technical serving as a required flightcrew member to have an only the presence of an individual qualified to act amendment in 2010 to clarify § 141.5(d) and to appropriate medical certificate in his or her as a safety pilot or as a pilot in command of an reinsert language that was inadvertently removed as physical possession or readily accessible in the operation in actual instrument conditions.’’ Id. a result of the 2009 final rule. 75 FR 56857. In the aircraft. 14 CFR 61.3(c) and 63.3(a). 125 The Federal Aviation Administration (FAA) technical amendment, the FAA explained that it 132 If the flightcrew member’s airman or medical Extension, Safety, and Security Act of 2016, Public was revising the language of § 141.5(d) to clarify certificate remains unavailable after 72 hours, the Law 114–190, Section 2307 (2016); 14 CFR that in order to meet the quality of training standard flightcrew member would be required to comply 61.3(c)(2)(xiii), 61.23(a)(3), 61.101, 61.113(i). See for issuance or renewal of a pilot school certificate, with the requirements of § 61.29 or § 63.16, as also Final Rule, ‘‘Alternative Pilot Physical a pilot school must achieve a combined 80 percent applicable, and request a 60-day temporary Examination and Education Requirements,’’ 82 FR pass rate on the first attempt for all: (1) Knowledge confirmation document from the Airman 3149 (Jan. 11, 2017). tests and practical tests leading to a certificate or Certification Branch or the Aeromedical 126 Prior to this final rule, under § 141.5, the rating, and (2) end-of-course tests for appendix K Certification Branch until a replacement certificate graduates that completed special curricula courses courses. 75 FR 56857. The FAA adopted rule is issued and in the possession of that airman. could not be counted when calculating the 80 language, however, that appeared to be inconsistent 133 This would be in lieu of utilizing the FAA percent pass rate required for issuance or renewal with its intent given its use of the term ‘‘or’’ instead Airmen Online Services website that can provide of a pilot school certificate. of ‘‘and’’ in § 141.5(d). 14 CFR 141.5(d) (2011). temporary authority in the form of a fax or email. 127 ‘‘Pilot, Flight Instructor, Ground Instructor, 130 Legal Interpretation to Jared Testa from the This also would apply to the temporary authority and Pilot School Certification Rules; Final Rule,’’ 62 Assistant Chief Counsel, Regulations Division (July for the medical certificate provided by fax from the FR 16220 (Apr. 4, 1997); 14 CFR 141.5(d) (1998). 1, 2011). Aeromedical Branch.

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documentation to the pilot in a timely therefore unnecessary to make any AOPA recommended the FAA manner, thereby reducing stress and changes to the proposed rule language implement an online method to allow delays without compromising safety. in response to the individual’s all pilots and airmen to request and Similarly, NATA believed an electronic comment. The FAA notes, however, that obtain a temporary document document would be suitable. this term was used in Tables 1 and 3 of confirming medical certification. This The FAA finds it unnecessary to the NPRM,135 which summarized the comment is also outside the scope of specify in §§ 121.383(c) and 135.95(b) proposed provisions. To avoid any this rulemaking. The FAA notes, that the temporary verification confusion, the FAA is not using the however, that it is addressing AOPA’s document may be in either paper or term ‘‘domestic operations’’ in this final comment in a separate action.137 electronic form. Sections 121.383(c) and rule document. The FAA is amending §§ 121.383(c) 135.95(b) are intended to provide AOPA suggested a correction to and 135.95 as proposed. Furthermore, as flexibility and allow for advancements proposed § 63.3(a)(2), which would a result of the FAA’s own continued in technology regarding the method, have mistakenly referenced § 63.16(d) review of the proposal, the FAA has format or media by which the temporary instead of § 63.16(f). decided to also allow part 91, subpart K, document must be provided. The Section 63.3(a)(2) now references new program managers to issue temporary operations specification authorizing an § 63.16(f), as AOPA suggested because verification documents to flightcrew approved certificate verification plan the requirements that were previously members who do not have their airman will include the specific method or contained in § 63.16(d) have been or medical certificates in their personal format for each air carrier/operator. relocated to new § 63.16(f) and revised. possession for a particular flight. The Accordingly, the FAA is adopting One individual asked several FAA did not originally consider §§ 121.383(c) and 135.95(b) as proposed. clarifying questions regarding providing relief to part 91, subpart K, The FAA will be issuing a new limitations on the use of temporary program managers only because there Advisory Circular (AC 00–70) to provide validation documents. This individual were no current exemptions granted to guidance to air carriers/operators on asked how the program would keep these program managers. However, obtaining approval of a certificate track of the number of times a flightcrew upon further review, the FAA finds that verification plan, including the member loses, destroys, or otherwise it is appropriate to include part 91, necessary components for various fails to have their certificates in their subpart K, program managers because of methods and formats of issuing the possession. This individual also asked if the similarity of part 91, subpart K, temporary document. there was a limit to the number of operations compared to part 121 and A4A supported proposed temporary verification documents 135 operations. Many similarities exist §§ 121.383(c) and 135.95(b), which issued to an individual, and if so, how between part 91, subpart K, program would have allowed the use of those limitations would be enforced. managers and part 135 operators temporary validation documents for Keeping track of how many times a providing public air transportation, flights conducted ‘‘entirely within the crewmember loses their pilot or medical such as: Time, duty, and rest United States.’’ Unlike the current certificate, or any limitations regarding requirements, destination airport exemptions that limit the relief to the number of times a temporary analysis programs, minimum equipment ‘‘operations conducted entirely within verification document can be issued to lists, recordkeeping, pilot training and the District of Columbia and the 48 any one individual, can be managed checking, proving tests, approved contiguous States of the United States,’’ appropriately with FAA air carrier inspection programs, and drug and the proposed rule language would have oversight. In addition, conditions and alcohol misuse and prevention allowed persons to use the temporary limitations can be specified in an air programs. In some instances, a part 91, document on flights conducted entirely carrier’s certificate verification plan, subpart K, program manager is also within Alaska, Hawaii, Puerto Rico and within its operation specifications. certificated under part 119 to conduct other possessions. RACCA and Bemidji Aviation part 135 operations. The FAA is adopting §§ 121.383(c) Services, Inc. suggested incorporating Specifically, part 91, subpart K, and 135.95(b) as proposed.134 Article 29 similar allowances for aircraft fractional ownership programs are of the Convention on International Civil registration and airworthiness subject to FAA oversight similar to that Aviation requires that every aircraft certificates. provided to air carriers (parts 135 and engaged in international navigation These comments are outside the scope 121), with the exception of line checks shall carry ‘‘the appropriate licenses for of this rulemaking. The proposal was and en-route inspections. FAA aviation each member of the crew.’’ Thus, specific to certificates that an airman safety inspectors conduct scheduled and temporary verification documents must have in his or her possession to unscheduled inspections, and provided by the certificate holder from exercise his or her privileges. Unlike surveillance of personnel, aircraft, its records will not meet the airmen certificates that are carried on a records, and other documents to ensure requirements of the Convention. compliance with the regulations. Given One individual suggested the FAA person outside of the aircraft, the airworthiness and registration the similarities between parts 91, change ‘‘domestic operations’’ to subpart K, 121 and 135, the FAA finds ‘‘operations within the United States’’ to certificates are typically placed in a permanent location within the aircraft it appropriate to also prevent avoid confusion with the term cancelation of flights under part 91, ‘‘domestic operations’’ contained in 14 (usually visible to the operator) and are rarely removed from the aircraft.136 subpart K, in situations where a pilot CFR part 119, which defines a particular certificate or medical certificate is valid type of part 119 operation. The term ‘‘domestic operations’’ was 135 81 FR at 29722 and 29748. 136 The FAA also notes that Article 29 of the not meet the requirements of the Convention, the not proposed in regulatory text. It is Convention on International Civil Aviation requires FAA is only allowing the use of temporary that every aircraft of a contracting State, engaged in verification documents on flights conducted 134 In accordance with § 1.1 ‘‘United States, in a international navigation, shall carry in the aircraft entirely within the United States. geographical sense, means (1) the States, the District several documents, including its certificate of 137 Aerospace Medicine Safety Information of Columbia, Puerto Rico, and the possessions, registration, its certificate of airworthiness, and the System (AMSIS) will permit user(s) to print a valid including the territorial waters, and (2) the airspace appropriate licenses for each member of the crew. medical certificate. AMSIS is still in development of those areas.’’ Because temporary verification documents would and is anticipated to become available in 2020.

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but not physically available. Therefore, § 121.383(c).139 This change from what FAA proposed to add a new § 61.199(c) consistent with the amendments to was proposed is consistent with the as a temporary provision, which would §§ 121.383 and 135.95, the FAA is FAA’s proposal to add new have allowed military instructor pilots revising § 91.1015 by adding new § 61.3(a)(1)(v) to allow a person engaged who obtained their initial flight paragraph (h), which will allow a in flight operations within the United instructor certificate under subpart H to program manager to obtain approval to States for a part 119 certificate holder reinstate that instructor certificate based provide a temporary document verifying authorized to conduct operations under on military competence rather than by a flightcrew member’s airman certificate part 121, to hold a temporary completing a practical test. and medical certificate privileges under verification document in place of an The FAA received six comments on an approved certificate verification plan airman or medical certificate. The FAA these proposed amendments. Three set forth in the program manager’s will be issuing a new Advisory Circular commenters supported the proposal. management specifications. Consistent to provide guidance to certificate Two commenters recommended with the NPRM, the temporary holders/program managers on obtaining changes to the proposed rule language. verification document will remain a approval of a certificate verification One commenter opposed the proposal. short-term solution for a period not to plan. The FAA will continue to provide The Society of Aviation and Flight exceed 72 hours. The FAA is also relief through exemptions until June 27, Educators (SAFE) and Aircraft Owners revising § 61.3(a)(1) by adding new 2019 to allow sufficient time for and Pilots Association (AOPA) paragraph (vi) to permit flightcrew certificate holders to obtain authority concurred with the proposed members to carry temporary documents under the regulation from their amendments to § 61.199. AOPA also provided by a program manager only on Principal Operations Inspector. supported the proposed changes to flights conducted for the program § 61.197. One individual, identifying I. Military Competence for Flight manager under part 91, subpart K.138 himself as a retired U.S. Air Force Instructors This is consistent with the NPRM, instructor, supported having military which proposed to add new In the NPRM, the FAA proposed credentials recognized by the FAA and § 61.3(a)(1)(v) to allow flightcrew several changes to §§ 61.197 and 61.199 providing civilian equivalent instructor members to carry documents provided to accommodate renewal and ratings. by a certificate holder only on flights reinstatement of flight instructor One individual, identifying as a conducted for the part 119 certificate certificates by military instructors and military instructor with the National holder, including ferry flights to examiners.140 In § 61.197(a)(2)(iv), the Guard Bureau, agreed with changing the reposition aircraft. The FAA notes that FAA proposed to expand the 12- timeframe in § 61.197(a)(2)(iv) from 12 it is adopting § 61.3(a)(1)(v) as proposed. calendar-month timeframe to 24 calendar months to 24 calendar months. The FAA is also adopting the proposed calendar months. The FAA also However, the commenter suggested that revisions to current § 61.3(a)(1)(iv). proposed to clarify in § 61.197(a)(2)(iv) the FAA revise the proposed rule Furthermore, as a result of the FAA’s that a flight instructor would be able to language to require a record showing continued review of the proposal, the renew his or her certificate by providing that, within the preceding 24 months FAA is making several clarifying a record demonstrating that, within the from the month of application, the flight changes to allow for smooth previous 24 calendar months, the instructor passed an official U.S. Armed implementation of the final rule. instructor passed a military instructor Forces military instructor pilot Because the final rule allows a person pilot proficiency check for a rating that proficiency check equivalent to renewal to use a temporary verification the instructor already holds or for a new requirements as stated in the practical document as an airman certificate or rating. test standards (PTS) for the rating medical certificate, if certain conditions In § 61.199, the FAA proposed to sought. The commenter believed that are met, the inspection requirements of revise paragraph (a) to permit a military this would validate an equivalent level §§ 61.3(l), 63.3(e), and 121.383(b) would instructor pilot to reinstate his or her of flight proficiency. The commenter have applied to the temporary expired flight instructor certificate by explained that because some U.S. document. However, to avoid any providing a record showing that, within Armed Forces have instructors that only confusion, the FAA is revising the previous six calendar months, the train specific tasks such as formation §§ 61.3(l), 63.3(e), and 121.383(b) to instructor pilot passed a U.S. Armed flying or tactical operations, this type of expressly include the temporary Forces instructor pilot or pilot examiner instruction is not an equivalent level of verification document in the list of proficiency check for an additional flight proficiency as required for the documents that must be presented for military rating.141 Additionally, the renewal of a FAA flight instructor inspection upon request from the certificate. The commenter also Administrator. 139 In this final rule, the FAA is adding provided attachments described as § 121.383(c) to allow a certificate holder to obtain Additionally, the FAA is revising comparable military instructor pilot approval to provide a temporary document proficiency checks accomplished on an § 121.383(a) to clarify that an airman verifying a flightcrew memberr’s airman certificate engaged in part 121 operations must and medical certificate privileges under an annual basis in the U.S. Army. The have in his or her possession any approved certificate verification plan set forth in commenter asserted that these annual the certificate holder’s operations specifications. required appropriate current airman and checks are equivalent to or better than 140 Prior to this final rule, a person renewing his what would be necessary for the medical certificates or a temporary or her flight instructor certificate under verification document issued in § 61.197(a)(2)(iv) was required to submit a record renewal of a flight instructor rating. As stated in the NPRM, the FAA accordance with an approved certificate showing that, within the preceding 12 calendar months, the flight instructor passed an official U.S. proposed to clarify in § 61.197(a)(2)(iv) verification plan under new Armed Forces military instructor pilot proficiency that a flight instructor may renew his or check. Section 61.199 required the holder of an her certificate by providing a record 138 The FAA proposed to redesignate current expired flight instructor certificate to reinstate that § 61.3(a)(1)(v) as new § 61.3(a)(1)(vi). Now that the certificate by passing a practical test. demonstrating that, within the previous FAA is adding new § 61.3(a)(1)(vi) to extend the 141 As explained in the NPRM, the FAA has relief to part 91, subpart K operators, this final rule accepted a flight instructor or examiner proficiency initial flight instructor certificates, adding ratings to redesignates current § 61.3(a)(1)(v) as new check conducted by the military to be equivalent to existing flight instructor certificates, and renewing § 61.3(a)(1)(vii). an FAA practical test for the purposes of issuing flight instructor certificates.

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24 calendar months, the instructor Section 61.73(g)(3)(i) already requires instructor pilot can provide a record passed a ‘‘U.S. Armed Forces military the applicant to present a knowledge showing that, within the preceding 6 instructor pilot proficiency check’’ for a test report that shows the person passed calendar months from the date of rating that the instructor already holds a knowledge test on the aeronautical application for reinstatement, the pilot or for a new rating. As explained in the knowledge areas listed under passed a U.S. Armed Forces instructor NPRM, the FAA has accepted a flight § 61.185(a). Therefore, the FAA finds it pilot or pilot examiner proficiency instructor or examiner proficiency unnecessary to revise § 61.73(g)(3)(iv) to check. The FAA finds that a U.S. Armed check conducted by the military to be require the U.S. Armed Forces Forces instructor pilot or pilot examiner equivalent to an FAA practical test for proficiency check to meet requirements proficiency check is the military the purposes of issuing initial flight of § 61.185. equivalent of a flight instructor instructor certificates and adding ratings This commenter also recommended certification practical test. Therefore, to existing flight instructor the FAA revise proposed § 61.199(a)(3), this requirement is consistent with certificates.142 Upon further reflection, which would have required a military § 61.199(a)(1), which allows the FAA finds that the renewal instructor to show, within the preceding reinstatement of an expired flight requirements of § 61.197(a)(2)(iv) should 6 calendar months from the date of instructor certificate if the civilian pilot be consistent with § 61.73(g), which application for reinstatement, the satisfactorily completes a flight allows a person to apply for and be person passed a U.S. Armed Forces instructor practical test for one of the issued an initial flight instructor instructor pilot or pilot examiner ratings held on the expired flight certificate based on official U.S. military proficiency check for an additional instructor certificate. documentation of being a U.S. military military instructor rating. The Additionally, § 61.199(a)(3)(ii) now instructor pilot or U.S. military pilot commenter noted that additional allows reinstatement of an expired flight examiner. Therefore, the FAA is military ratings are not acquired through instructor certificate if the military revising proposed § 61.197(a)(2)(iv) to a ‘‘proficiency check.’’ The commenter, instructor pilot can provide a record allow renewal based on either ‘‘an therefore, recommended the FAA revise showing that, within the preceding 6 official U.S. Armed Forces military paragraph (a)(3) to require a record calendar months from the date of instructor pilot or pilot examiner showing that, within the previous six application for reinstatement, the pilot proficiency check.’’ calendar months, the instructor passed completed a U.S. Armed Forces However, the FAA disagrees with a U.S. Armed Forces instructor pilot or instructor pilot or pilot examiner referencing the PTS within pilot examiner qualification program for training course and received an § 61.197(a)(2)(iv) because it would be an additional military rating that results additional aircraft rating qualification as too prescriptive. The military typically in an additional rating to be added to a military instructor pilot or pilot does not perform all the tasks from the the airman certificate. The individual examiner that is appropriate to the flight PTS or Airman Certification Standards also recommended the FAA add a new instructor rating sought. The FAA finds (ACS), as appropriate, required for civil paragraph (a)(4) that would allow for that this requirement accurately reflects pilot certification during their military reinstatement of a flight instructor the process by which a military instructor pilot proficiency checks. certificate if the instructor can provide instructor pilot acquires an additional Rather, the military typically performs a record showing that, within the aircraft rating. The FAA is not using the tasks or maneuvers that are not outlined previous six calendar months, the terminology ‘‘qualification program,’’ as in the PTS and/or ACS. The FAA instructor passed a U.S. Armed Forces the commenter recommended, because believes that requiring a record showing instructor pilot or pilot examiner it is subject to interpretation. Instead, that, within the preceding 24 months proficiency check equivalent to the FAA is using language that is from the month of application, the flight reinstatement requirements as stated in consistent with the terminology of instructor passed an official U.S. Armed the PTS and/or ACS for the rating § 61.73(g)(3)(iii).143 The FAA notes that Forces military instructor pilot sought. The commenter explained this new § 61.199(a)(3)(ii) is consistent with proficiency check in an aircraft for provision would facilitate reinstatement § 61.199(a)(2), which allows a civilian which the military instructor already of an expired flight instructor certificate holder of an expired flight instructor holds a rating or in an aircraft for an through a U.S. Armed Forces certificate to reinstate that flight additional rating, is sufficient to proficiency check that would be instructor certificate by satisfactorily validate a flight instructor’s equivalent equivalent to the flight test described in completing a flight instructor level of competency. The FAA has long the PTS. certification practical test for an recognized and accepted military credit As the commenter pointed out, additional rating. without further review. additional military ratings are not One individual asserted that military The individual commenter further acquired through a proficiency check. instructor pilots who allow their FAA asserted that if a military proficiency Therefore, the FAA is revising proposed flight instructor rating to expire reflect check meets the requirements for flight § 61.199(a)(3) to more accurately reflect a lack of knowledge concerning 14 CFR instructor renewal or reinstatement as the process by which a military part 61 that is pervasive in the military. described in the PTS and/or ACS, the instructor pilot acquires an additional The FAA disagrees. There are many FAA should modify § 61.73(g)(3)(iv) to aircraft rating qualification. The FAA is possible scenarios other than ‘‘a lack of read: ‘‘An official U.S. Armed Forces also dividing proposed § 61.199(a)(3) knowledge’’ that may lead to someone record or order that shows the person into two subparagraphs to make the letting his or her flight instructor passed a U.S. Armed Forces instructor reinstatement requirements for a pilot or pilot examiner proficiency military instructor pilot more consistent 143 To be issued a flight instructor certificate with check in an aircraft as a military with the reinstatement requirements for the appropriate ratings, § 61.73(g) requires, in part, that the person present an official U.S. Armed instructor pilot or pilot examiner that is a civilian holder of an expired flight Forces record or order that shows the person appropriate to the flight instructor rating instructor certificate, which are found in completed a U.S. Armed Forces’ instructor pilot or sought that meets equivalent § 61.199(a)(1) and (2). pilot examiner training course and received an Accordingly, § 61.199(a)(3)(i) now aircraft rating qualification as a military instructor requirements of 14 CFR 61.185.’’ pilot or pilot examiner that is appropriate to the allows reinstatement of an expired flight flight instructor rating sought. 14 CFR 142 81 FR at 29740. instructor certificate if the military 61.73(g)(3)(iii).

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certificate expire. In some instances, it to accomplish the work activity directly they interpreted the proposal to allow may be intentional or an individual may associated with the special purpose. agricultural aviation operator be subject to events beyond his or her Under § 91.313(b), operating a restricted ‘‘sponsored’’ pilots to be able to attend control. As such, the commenter’s category civil aircraft to provide flight third party training facilities. assertion is speculative. The FAA has crewmember training in a special GAMA, NAAA, AOPA, and CAAA determined that this provision will purpose operation for which the aircraft suggested revisions to proposed provide an equitable method of renewal is certificated is an operation for that § 91.313(b) to ensure that training which or reinstatement for a FAA flight special purpose. The FAA recently is directly associated with the special instructor certificate similar to the clarified, however, that flight training purpose operation is permitted without allowances currently described in and testing for certification (e.g., for an employment relationship existing § 61.199(a)(1) and (2).144 type ratings) in restricted category between the trainee and the special One individual recommended the aircraft is not a special purpose purpose operator.146 FAA revise § 61.73 to add military operation under § 91.313.145 As such, Upon review of the extensive navigators and naval flight officers who these activities cannot be conducted in comments received, including a hold a FAA flight instructor certificate a restricted category aircraft. conference call with Air Force and who are military flight instructors representatives on December 13, 2016, to the list of persons eligible for an 1. Flights Necessary To Accomplish and a face-to-face meeting with instrument flight instructor certificate. Work Activity Directly Associated With representatives from the agricultural This commenter further asserted that the Special Purpose aviation industry during the comment there are numerous other military In the NPRM, the FAA proposed in period, the FAA agrees that the aeronautical specialties beyond pilots, § 91.313(b) to list the following proposed rule language would have navigators, and naval flight officers who operations in restricted category aircraft unnecessarily required all personnel have a skill set that may be valuable to as flights necessary to accomplish the receiving flight crewmember training in the civilian aviation community. The work activity directly associated with a a special purpose operation to be commenter recommended that any special purpose operation: employed by the operator providing the military member that can produce • Flights conducted for flight training.147 documentation of service instructing crewmember training in a special Flight crewmember training in a any aviation crew position be exempted purpose operation for which the aircraft special purpose operation has from the fundamentals of instruction is certificated provided the flight historically been conducted by flight written examination for a flight crewmember holds the appropriate schools. Appendix K of part 141 for instructor certificate in § 61.183(e) or for category, class, and type ratings and is pilot schools contains allowances for a ground instructor certificate in employed by the operator to perform the special curriculum courses for § 61.213(b). appropriate special purpose operation; agricultural and external load The FAA is not adopting these • Flights conducted to satisfy operations. The FAA did not intend to recommendations because they are proficiency check and recent flight end the longstanding practice of pilot outside the scope of this rulemaking. experience requirements under part 61 schools conducting flight crewmember Furthermore, the FAA disagrees with of this chapter provided the flight training in a special purpose operation. providing flight instructor equivalency crewmember holds the appropriate Flight crewmember training in a special for non-pilot instructor positions. category, class, and type ratings and is purpose operation for which the aircraft The FAA is adding new § 61.199(c) as employed by the operator to perform the is certificated is currently authorized in proposed. As previously stated, appropriate special purpose operation; accordance with § 91.313(b) and was not § 61.199(c) will allow military instructor and intended to be affected by this pilots who obtained their initial flight • Flights conducted to relocate a provision. It was the FAA’s intent only instructor certificate under subpart H to restricted category aircraft for to require pilot candidates to be an reinstate that flight instructor certificate maintenance. employee of the operator when based on military competence rather A number of commenters, including accomplishing training or practical tests than by completing a practical test. The Queen Bee Air Specialties, Inc., GAMA, specific to the requisite type rating, a FAA notes that § 61.199(c) is a Air Tractor, and the National proficiency check, or recent flight temporary provision that will expire on Agricultural Aviation Association experience requirements specified August 26, 2019. The FAA will revise (NAAA), noted that the proposed under part 61. The FAA has revised the FAA Order 8900.1 to provide guidance regulation would prohibit third-party language proposed in the NPRM to to designees and inspectors on how to training providers from conducting remove the employee requirement for facilitate instructor military competency flight crewmember training in a special approvals. purpose operation. The commenters 146 GAMA, Air Tractor, NAAA and Colorado J. Use of Aircraft Certificated in the Agricultural Aviation Association all cited a recent indicated that such a provision would survey conducted by the NAAA which found that Restricted Category for Pilot Flight eliminate agricultural aviation schools operators who conduct agricultural operations have Training and Checking and decrease safety. The commenters an average of 2.1 aircraft per operation, and that noted that training by experienced there was an average of 2.0 pilots per operation. Section 91.313(a) prohibits a person Texas State Technical College, GAMA, NAAA, from operating a restricted category instructors based on an approved Farm Air, Curless Flying Service and Colorado aircraft for other than the special curriculum in restricted category aircraft Agricultural Aviation Association all noted that purpose for which it is certificated or in under the oversight of FAA inspectors many of these small operators do not have capacity enhances safety. The NAAA and the to dedicate an aircraft to training. NAAA, Farm Air, any operation other than one necessary Curless Flying Service, Colorado Agricultural Colorado Agricultural Aviation Aviation Association and Queen Bee Air Specialties 144 (1) A flight instructor certification practical Association (CAAA) commented that specifically discussed the difficulty of maintaining test, as prescribed by § 61.183(h), for one of the a turbine aircraft and commented that most ratings held on the expired flight instructor 145 Several operators hold exemptions that permit operators rely on third party training providers to certificate. them to conduct pilot training for certification, provide instruction in a dual cockpit aircraft. (2) A flight instructor certification practical test practical tests (for type rating designations) in 147 A record of conversation was placed in the for an additional rating. aircraft certificated in the restricted category. docket for each of these meetings.

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flight crewmember training in a special directly associated with the special commence. The interpretation of this purpose operation. purpose operation.148 Any operation phrase could create the effect of The FAA is retaining the provision that does not meet this standard would ‘‘restricting’’ the aircraft from being proposed in § 91.313(b) that allows require an exemption from the used in agricultural aviation flight pilots employed by operators regulation. schools to conduct training of students performing special purpose operations planning to become agricultural pilots, to accomplish § 61.58 proficiency 2. LODAs for Training and Testing for by instructors employed by checks and recent flight experience Certification manufacturers and their dealers, or requirements set forth in § 61.57 in the In the NPRM, the FAA proposed in flight schools to perform pilot checkouts course of their employment provided § 91.313(h) to allow operators of and transitional training, such as the pilots hold the appropriate category, restricted category aircraft to apply for transitions from piston powered to class, and type ratings. When a pilot is deviation authority for the purpose of turbine powered aircraft and by third employed to perform a special purpose conducting the following operations in party training for firefighting or other operation, satisfying recent flight restricted category aircraft: restricted category operations. The U.S. experience and proficiency check • Flight training and the practical test Air Force commented that proposed requirements is necessary to accomplish for issuance of a type rating provided § 91.313(h) would prohibit commercial the work activity directly associated the pilot being trained and tested holds vendors from providing the required with a special purpose operation. When at least a commercial pilot certificate USAF flight crewmember training; a pilot is not employed to perform a with the appropriate category and class therefore, USAF flightcrew would not special purpose operation, these ratings for the aircraft type and is be able to receive training in restricted operations are neither a special purpose employed by the operator to perform a category aircraft. The USAF also operation nor an operation directly special purpose operation; and indicated that removing the associated with a special purpose • Flights to designate an examiner or employment requirement would allow operation and, therefore, are not qualify an FAA inspector in the aircraft training in aircraft where it is not permitted under § 91.313(a). type and flights necessary to provide practical to obtain a type rating in an The FAA is also retaining the continuing oversight and evaluation of aircraft with a standard airworthiness provision from the NPRM that adds an examiner. certificate. Queen Bee stated that the relocation flights for maintenance to the The FAA emphasized that the proposal limits ability for dealers to list of operations considered necessary proposed provision was intended to provide training that is crucial to to accomplish the work activity directly ensure that operators do not establish customers for their safety, success and associated with the special purpose training schools for the sole purpose of comfort. operation. issuing type ratings using restricted As noted previously, the FAA has GAMA, Air Tractor, NAAA, Thrush category aircraft. As proposed, operators removed the proposed employment Aircraft, Inc. and CAAA all noted that would only be granted deviation requirement for flight crewmember the FAA’s proposal to add this authority under proposed § 91.313(h) to training in a special purpose operation. provision could suggest that other conduct this training and testing for Third party training providers may essential types of flights necessary to pilots who are employed by the operator continue to provide training in special accomplish work directly associated and only when a type rating is required purpose operations (e.g. firefighting, with the special purpose, such as to complete the special purpose agricultural operations, and aerial positioning flights, flights to deliver operation for which the aircraft was advertising) absent an employment aircraft, and flights to trade shows, are certificated and the operator is actively relationship provided the operation is a excluded from expressly listed engaged in performing. special purpose operation for which the operations. GAMA stated that these A number of commenters opposed the aircraft is certificated.149 The LODA and flights are clearly within the scope of proposed provision in § 91.313(h) that employment requirements described in flights necessary to accomplish work limited the ability to obtain a LODA to § 91.319(h)(1)(i) is specific to training directly associated with the special an employer providing flight training to and testing to obtain a type rating and purpose, but that the industry could its employees who perform a special does not impede the special purpose benefit from explicit recognition that purpose operation for that employer. flight training identified by Thrush, the § 91.313(b) does not contain an Texas State Technical College, GAMA, USAF, and Queen Bee. exhaustive list of flights. L–3 Communications, and Queen Bee GAMA, L–3 Communications, and The FAA has modified the final rule all suggested that such a limitation AOPA all suggested that the FAA revise text to include flights to relocate a would result in a reduction in safety. the proposal to permit individuals or restricted category aircraft for delivery, More specifically, Thrush Aircraft, entities (instead of operators) to apply repositioning, or maintenance to be Inc. noted that the implication of the for deviation authority and require that considered as flights necessary to phrase ‘‘is employed by the operator’’ in the trainee is employed by ‘‘an’’ accomplish work activity directly proposed § 91.313(h)(1)(i) is that an operator to perform a special purpose associated with a special purpose employer/employee relationship must operation instead of ‘‘the’’ operator operation. This change in the final rule exist before any training may applying to conduct the training in permits many of the operations proposed § 91.313(h)(1). They noted that described by the commenters, such as 148 In the 1965 final rule, the FAA provided this would help to ensure that the type deliveries from an aircraft manufacturer, examples of operations necessary to accomplish the rating training is required for the special change in ownership deliveries, work activity directly associated with the special purpose operation in which the operator purpose operation which included allowing a relocation from one special purpose farmer to conduct a flight for the purpose of is actively engaged but allow flexibility operation to another, or repositioning showing which fields should be dusted or if the operator is unable to conduct the for the special purpose operation. The transportation of an insurance agent, surveyor, or training itself. GAMA noted, however, FAA notes that other types of flight inspector to the site of a special purpose operation. that this provision still would hinder The FAA would also consider a flight conducted to events not expressly allowed by the relocate an aircraft to an area of a special purpose training of pilots trying to enter the regulation may be permitted if they are operation to be an operation necessary to necessary to accomplish work activity accomplish the special purpose operation. 149 14 CFR 21.25(b).

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industry and not yet employed by a activity associated with a special accomplished by the employer as a special purpose operator. purpose operation. condition of the exemption. If anything L–3 Communications noted that the provision will be relieving in nature 3. Economic Burden modifying the proposal so that other to both operators and the FAA by entities could obtain a LODA would L–3 Communications, Air Tractor, eliminating the need for the exemption allow training of initial cadres of pilots NAAA, CAAA, and Queen Bee generally process. As discussed in the NPRM, the by an aircraft manufacturer or by a noted that the proposed rule would provision is not intended to allow properly certified training school with have a significant adverse effect on operators to establish training schools an authorization to conduct restricted businesses conducting operations with utilizing restricted category aircraft for category training. L–3 Communications restricted category aircraft since nearly the purpose of issuing type ratings. noted that such a change would still all of these businesses are small Queen Bee specifically noted that this achieve the FAA’s goal of limiting the businesses. Texas State Technical provision would limit its ability to vet training in restricted category aircraft for College, L–3 Communications, Air pilots for operators that do not have certification to only those pilots who are Tractor, NAAA and CAAA all noted that two-place, dual control aircraft and/or employed to perform a special purpose limiting the training and testing of pilots the expertise in training. Queen Bee operation. for the purpose of achieving a type indicated it currently provides this GAMA, Air Tractor, Queen Bee, and rating in a restricted category aircraft to training, which would be prohibited one individual generally noted that owners/operators will result in a major under the proposed requirements, for limiting the training and testing for the financial burden to certain entities. the U.S. company ARAMCO which purpose of achieving a type rating in a GAMA, L–3 Communications, Air responds to oil spills in the Red Sea restricted category aircraft to a pilot’s Tractor, Inc., and Queen Bee Air with U.S. citizens as pilots. employer will deny access to training Specialties generally noted that many L–3 Communications, Air Tractor, for pilots that are not currently agricultural aviation operators lack the NAAA, Farm Air, Curless Flying Service employed in a special purpose staff and aircraft to conduct training for and CAAA noted the effect on operation. Additionally, Air Tractor their employees. Texas State Technical manufacturers developing and selling noted the possible burden on students, College and GAMA both noted that new restricted category type designs. who must stay employed to finish flight many of these small operators do not L–3 Communications, Farm Air and training. GAMA also noted that some have in-house training staff. Texas State Curless Flying Service asserted that the insurance underwriters may require specifically noted that the cost of proposed rule would limit the ability of pilots to obtain training that is only providing its own training would be a manufacturers to develop and sell new available through third party training huge burden. Air Tractor commented restricted category type design aircraft. providers. Air Tractor, NAAA, CAAA, that the FAA should not place more According to the commenters, Queen Bee and one individual all noted burdens on these operators and reduce prospective buyers of new restricted that these types of barriers to training safety by requiring training in restricted category aircraft would not be able to will affect the ability to replace an aging aircraft to be conducted by the operator receive training for their pilot pilot community. and requiring the student to be an employees. A manufacturer would have As noted in the NPRM, the FAA has employee of the operator. no incentive to produce a new design historically placed operating limitations Most of the commenters concerned aircraft providing safety benefits and on the use of restricted category aircraft with the employment requirement have improvements based on new design because the airworthiness certification described training operations in which features and technology insertion standards for these aircraft are not restricted category aircraft are being because pilot employees of a designed to provide the same level of used for flightcrew member training in prospective buyer could not receive safety that is required for aircraft training. a special purpose operation rather than certificated in the standard category. Most restricted category aircraft do flight training to obtain a type rating. The operating limitations set forth in not require a type rating and would be § 91.313 are designed to compensate for The FAA has removed the proposed unaffected by this provision. the different standards and provide the employment requirement for special Additionally, a manufacturer of a new necessary level of safety for special purpose training in the final rule which large or turbojet powered aircraft could purpose operations. In the final rule, the may continue to be conducted without seek approval as a standard or transport FAA has retained the employment obtaining a LODA and without an category aircraft and, therefore, avoid requirement to prevent flight training employment relationship. As such, the any such ‘‘type rating’’ training and testing for the purpose of obtaining economic burden associated with this limitations. The FAA notes that the a type rating in restricted category provision would only affect operators level of safety for restricted category aircraft without an explicit employment who must obtain a LODA to conduct aircraft may be lower than the level of connection to special purpose flight training for certification. These are safety for standard category aircraft. operations. The operation of restricted very limited training operations, and However, the restricted category level of category aircraft has always been they are currently conducted by certification does not eliminate any type limited to special purpose operations operators using the exemption process. certification procedural requirements, and those operations necessary to The FAA has issued several exemptions such as the need to comply with 150 accomplish the work activity directly to facilitate this training. In all cases, continued airworthiness requirements. associated with a special purpose the FAA has required the training to be To maintain an equivalent level of operation. Providing flight training and safety for the public the FAA imposes 150 Aero Contractors Ltd., Exemption No. 14396; testing for certification to a pilot who Alaska Air Fuel, Inc., Exemption No. 14205; Sky certain operating restrictions for does not perform a special purpose Aviation Corporation, Exemption No. 12449; restricted category aircraft. This operation is not training in a special Columbia Helicopters, Exemption No. 11506; provision is specific to facilitate training purpose operation and the hope of Airborne Support, Inc., Exemption No. 11470; in restricted category aircraft requiring a Withrotor Aviation, Inc., Exemption No. 11427; CHI eventual employment in a special Aviation, Exemption No. 11383; Aero-Flite, Inc., type rating safely, not the promotion of purpose operation is too attenuated to Exemption No. 11276; Billings Flight Service, restricted category aircraft production be necessary to accomplish the work Exemption No. 11383. for public use.

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4. Operations for Compensation or Hire exempt from § 61.31 are also exempt category aircraft which are necessary for The FAA also proposed a change to from the LODA process as proposed in PICs to obtain type rating designations § 91.313(c) to ensure that instructors the new § 91.313(h). in that aircraft, as required under Section 91.313 requires an operator to providing flight training and designees § 61.31(a). AOPA did not believe that obtain a LODA to conduct training and conducting practical tests under a the LODA approach adds any increased testing for the purpose of obtaining a LODA may accept compensation for level of safety because the FAA has not type rating in a restricted category these operations. Likewise, the FAA articulated any reason for the recent aircraft. To the extent that some proposed to revise § 91.313(d) to permit reinterpretation of current § 91.313. operators may hold exemptions that persons to be carried on restricted AOPA also believed that the FAA has enable pilots to operate certain aircraft category aircraft if necessary to not explained why the past accepted as PIC without a type rating, then accomplish a flight authorized by LODA practice should not be codified. § 91.313 would be inapplicable. We under paragraph (h). The FAA Office of the Chief Counsel AOPA suggested revisions to note, however, that the general was asked by the Director of the Flight § 91.313(c) to eliminate confusion by provision limiting the operation of Standards Service to provide a legal breaking each of the operations restricted category aircraft to special interpretation on the scope of § 91.313 identified into three separate purpose operations and flights and whether the regulation permitted subparagraphs and provided specific necessary to accomplish the work operators to conduct training and testing revised rule language. The FAA is activity directly associated with a for certification in restricted category retaining the language in paragraph (c) special purpose operation remains aircraft. The Office of the Chief Counsel as it was proposed in the NPRM. The applicable to all operations conducted— concluded that the rule as written does FAA merely proposed to add operations even operations conducted under these not expressly permit this training and conducted under a LODA to the existing exemptions. No operator should utilize testing. As previously noted, the FAA list of operations involving the carriage a restricted category aircraft outside the has historically placed limitations on of persons and material that could be permitted operations in § 91.313. the use of restricted category aircraft conducted without violating the general 6. FAA Interpretation of § 91.313 because they do not meet the same rule prohibiting the carriage of persons standard as a standard category aircraft. Finally, AOPA commented that, for When restricted category aircraft are or property on restricted category the last 50 years, operators of restricted aircraft for compensation or hire. used solely for the purpose of providing category aircraft have been permitted to a type rating to a pilot who is not 5. Exemptions use such aircraft for type rating training, engaged in a special purpose operation, type rating practical tests, and PIC GAMA raised concerns about the the operation cannot meet the express proficiency checks per §§ 61.31 and relationship between § 61.31 and requirements of § 91.313(a). The 61.58. AOPA suggested that the FAA proposed § 91.313(h). GAMA noted that, previous history relative to this type of reversed long-standing precedent in if applicants requesting exemption from training does not change the identified 2015 when it concluded that this type § 61.31 type rating requirements also training limitation. Additionally, the rating training was not permissible must request exemption from § 91.313 FAA believes that this type rating under § 91.313. AOPA noted that new type rating training through this LODA training and testing needs FAA FAA guidance for conducting pilot process, they will be subject to an oversight and approval to ensure safe training and/or certification events in a employment requirement. GAMA operations. Restricted category aircraft restricted category aircraft was then suggested that the FAA clarify that were never intended or designed to be outlined in Notice N 8900.295 which aircraft operators who hold exemptions used for FAA pilot training and stated that flights necessary for PICs to from a type rating requirement do not certification. The FAA will retain the obtain type rating designations in the need to also request exemption from requirement for an operator to obtain an restricted category aircraft required § 91.313(h) per the proposed LODA LODA specific to training and testing in under § 61.31(a) are not permitted by process or revise the LODA process to restricted category aircraft that require a the operating limitations in § 91.313.151 permit third party training as discussed type rating when a standard category AOPA stated that none of the FAA’s previously. aircraft is not readily available or does documentation provides sufficient GAMA also noted that while the not exist and only when a pilot will be explanation as to the reason for the LODA process seems to provide a path performing a special purpose operation. recent change in interpretation of for training in restricted category aircraft AOPA noted that the FAA proposed current § 91.313(b). AOPA commented in pursuit of a type rating, they believe to implement the changes to § 91.313 that the FAA is now proposing to codify that this process will be burdensome to within 180 days of the final rule. AOPA this new interpretation and implement obtain and maintain. This process will further noted that if all of its a LODA process. AOPA added that be a barrier to a small business in that recommendations are adopted, the conducting type rating training and manufacturers that plan on building implementation time frame should be practical tests in restricted category larger restricted category aircraft, that reduced to 30 days. AOPA suggested aircraft under certain circumstances and may not be exempted from the type that the proposed changes would be less without a LODA has been an accepted rating requirement of § 61.31, will have complex to implement because the practice for at least several decades. a more difficult time getting training for LODA process is eliminated and less AOPA recommended that the FAA pilots. Air Tractor added that it and its coordination within the FAA is incorporate the operations from competitor Thrush Aircraft, Inc. required. proposed § 91.313(h)(1) into proposed manufacture airplanes that, by The FAA is not eliminating the LODA § 91.313(b). This approach would definition, are ‘‘large’’ (greater than process and will retain the 180-day permit, without having to obtain a 12,500 lbs. gross weight). These effective date after publication. This LODA, flight operations in restricted airplanes are operated under will allow the FAA and operators time exemptions from § 61.31. Air Tractor 151 N 8900.295 Pilot Training and/or Certification to become familiar with the guidance requested that the FAA consider Events Conducted in Restricted Category Aircraft and process documents associated with clarifying that large aircraft that are became effective 05/05/2015. the LODA requirements. The FAA has

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retained the provision as proposed in ‘‘large or turbojet-powered multiengine requirement any airplane that is the NPRM. airplane,’’ to prevent any confusion as certificated for single-pilot operation, to whether the paragraph applied to including any airplanes certificated K. Single Pilot Operations of Former ‘‘large airplanes’’ or ‘‘large multiengine under new part 23 and any large Military Airplanes and Other Airplanes airplanes.’’ airplanes certificated under SFAR 41. With Special Airworthiness Certificates The FAA agrees that proposed The FAA notes that the remaining In the NPRM, the FAA proposed to § 91.531(b)(3) may have caused requirements of § 91.531 remain revise § 91.531 to allow large airplanes, confusion specific to large airplanes. unchanged from the proposal. including former military aircraft and The FAA is adopting AOPA’s some experimental aircraft, to operate recommendation. L. Technical Corrections and without an SIC if they were originally Additionally, the FAA recognizes that Nomenclature Change designed for single pilot operations.152 § 91.531 has been amended since the In the NPRM, the FAA proposed a The FAA also proposed to reorganize FAA published the NPRM on May 12, technical correction in appendix I to § 91.531 by placing all affirmative 2016.154 Effective August 30, 2017, the part 141, Additional Aircraft Category requirements in paragraph (a) and all FAA amended its airworthiness and/or Class Rating Course. In exceptions thereto in paragraph (b).153 standards for normal, utility, acrobatic, paragraph 4.(k), course for an airplane The Aircraft Owners and Pilots and commuter category airplanes by additional multiengine class rating, Association (AOPA) expressed concern replacing the current prescriptive design subparagraph (2) discussing the that, if read in isolation, proposed requirements of part 23 with requirements for the commercial pilot § 91.531(b) could be interpreted as performance-based airworthiness certificate, the FAA noted that two providing an exhaustive list of airplanes standards.155 As part of the part 23 final paragraphs were designated as (k)(2)(iv). that may be operated without a SIC. rule, the FAA replaced the utility, The FAA proposed to redesignate the AOPA stated that this would be a acrobatic, and commuter categories in second paragraph (k)(2)(iv) as paragraph detrimental unintended consequence part 23 with new airplane certification (k)(2)(v). The FAA received no because airplanes type certificated for levels. As a result, the FAA amended comments on this correction. The FAA one required pilot are not listed in § 91.531(a)(1) and (3) to incorporate the is redesignating the second paragraph proposed § 91.531(b). AOPA new airplane certification levels to (k)(2)(iv) as paragraph (k)(2)(v) as recommended the FAA clarify that ensure airplanes certificated in the proposed. proposed § 91.531(b) is not an future under new part 23 airworthiness Additionally, to reflect the change in exhaustive list. standards would be addressed by nomenclature regarding flight Section 91.531(b) should not be read § 91.531. In this final rule, the FAA simulators, the FAA proposed to remove in isolation from the remainder of finds it unnecessary to expressly the words ‘‘flight simulator’’ wherever § 91.531. Section 91.531 prescribes SIC incorporate the new airplane they appear in the sections the FAA requirements under subpart F of part 91. certification levels in the reorganized determined needed to be revised and Subpart F of part 91 applies to large and rule language of § 91.531(a) because replace them with the words ‘‘full flight turbine-powered multiengine airplanes levels 3 and 4 airplanes are already simulator.’’ The Society of Aviation and and fractional ownership program covered by § 91.531(a)(1), which Flight Educators agreed with the aircraft. Section 91.531(b) should be requires a SIC for any airplane that is proposed changes of wording to ‘‘full read in context with paragraph (a), type certificated for more than one flight simulator.’’ The FAA is adopting which expressly states that exceptions required pilot. the changes as proposed. The following are provided in paragraph (b). The FAA Furthermore, the FAA is relocating sections are amended to reflect this finds that reading § 91.531 in its entirety the exception in proposed nomenclature change: §§ 61.31, 61.51, alleviates AOPA’s concern. The FAA is § 91.531(a)(2), which excepts from the 61.57, 61.109, 61.129, 61.159, 61.161, adopting § 91.531(b) as proposed. SIC requirement any large airplane that and section 4 of Appendix D to part 141. AOPA also recommended revising is type certificated for single-pilot Finally, as discussed in section III.F.2. proposed § 91.531(b)(3) to state ‘‘large operation, to § 91.531(b)(1). This change of this preamble, GAMA recommended airplane or turbojet-powered from what was proposed is consistent the FAA update its nomenclature to multiengine airplane,’’ rather than with the NPRM, which intended to reflect the new Airmen Certification place all affirmative requirements in Standards (ACS). The FAA began 152 Prior to this final rule, certain former military paragraph (a) and all exceptions in transitioning from the practical test aircraft and some experimental aircraft that were paragraph (b). The FAA notes that, standards (PTS) to the airmen designed to be flown by one pilot were required rather than providing an exception for under § 91.531(a) to have a SIC because they certification standards (ACS) on June qualified as a large airplane. These airplanes were any large airplane certificated under 15, 2016. The transition from the PTS to not eligible to obtain an LOA under § 91.531(b) SFAR 41 if that airplane is certificated the ACS is an ongoing process in which because they were not type certificated. Under for operation with one pilot, paragraph the FAA is enhancing the guidance it § 91.531(b), the Administrator was allowed only to (b)(1) excepts any airplane that is issue LOAs for the operation of an airplane without provides to applicants, instructors, and an SIC ‘‘if that airplane is designed for and type certificated for operation with one pilot. evaluators to better prepare applicants certificated with only one pilot station.’’ It is therefore unnecessary to expressly for knowledge and practical tests.156 153 As stated in the NPRM, the FAA also proposed reference the new airplane certification In light of GAMA’s comment, the to eliminate inconsistencies, redundancies, and levels in paragraph (b) because FAA recognized that the following obsolete provisions in § 91.531, including the § 91.531(b)(1) will except from the SIC language found in former paragraph (d). 81 FR at sections still referenced the practical 29744. The FAA notes that former § 91.531(d), test standards: §§ 61.43, 61.57, 65.59, 154 which applied to part 91, subpart K aircraft, was Regulatory Relief: Aviation Training Devices; appendix A to part 65, and appendices redundant to § 91.1049(d). Section 91.1049(d) Pilot Certification, Training, and Pilot Schools; and states, ‘‘[u]nless otherwise authorized by the Other Provisions, proposed rule, 81 FR 29720 (May A, B, C and D to part 60. The FAA has Administrator, when any program aircraft is flown 12, 2016). in program operations with passengers onboard, the 155 Revisions of Airworthiness Standards for 156 The ACS offers a more comprehensive and crew must consist of at least two qualified pilots Normal, Utility, Acrobatic, and Commuter Category integrated presentation of standards for the employed or contracted by the program manager or Airplanes, final rule, 81 FR 96572 (Dec. 30, 2016) knowledge and practical test for an airman the fractional owner.’’ (part 23 final rule). certificate or rating.

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decided to revise these sections to IV. Discussion of Effective Dates for • Substantive amendments to reflect the transition to the ACS. Rule Provisions § 61.129(a)(3)(ii) and (j) and appendix In § 61.57(d), the FAA is removing the In the NPRM, the FAA proposed three D to part 141 regarding the reference to the PTS. The FAA different effective dates for the various completion of commercial pilot recognizes that it was inappropriate for proposed amendments. The proposed training in technically advanced § 61.57(d) to state that the areas of amendments would have been effective airplanes and clarifying amendments operation and instrument tasks were to § 61.129(b)(3)(ii) either 30, 60 or 180 days after the date • required in the instrument rating PTS. of publication of the final rule in the Amendments to §§ 61.412, 61.415(h) The PTS and ACS do not contain Federal Register, depending on the type and 91.109(c) regarding sport pilot regulatory requirements. Therefore, flight instructor training privilege and scale of implementation needed for • rather than referencing the instrument persons to begin complying with the Amendments to §§ 61.197 and 61.199 rating ACS in § 61.57(d), the FAA is amended requirements. regarding military competence for codifying in § 61.57(d) the areas of Flight Instructors The FAA received no comments on • operation for an IPC. The FAA finds that the proposed effective dates. The Amendments to § 61.31 regarding the this revision is not a substantive change following discussion summarizes when allowance of a § 135.293 pilot-in- because the areas of operation and the various amendments included in command competency check in a instrument tasks required for an IPC this final rule will become effective. complex or high-performance airplane remain unchanged. Thus, an IPC is still to meet the training requirements for driven by the standards for the Provisions Effective 30 Days After Date a complex or high-performance instrument rating practical test.157 of Publication of Final Rule airplane, respectively In § 61.43(a)(1), the FAA is removing The following provisions will be Provisions Effective 150 Days After Date the reference to the PTS as unnecessary. effective 30 days after publication of the of Publication of Final Rule final rule: The FAA is also removing from § 65.59 The following provisions will be • The revised definition of ‘‘flight the reference to the aircraft dispatcher effective 150 days after publication of simulation training device’’ in § 1.1 PTS, to be consistent with editorial the final rule: changes made to other regulatory parts • All definitions added to § 61.1 and • Revisions to the definition of ‘‘pilot pertaining to certification of airmen. In revisions to the definition of ‘‘pilot time’’ in § 61.1 regarding the its place, the FAA is requiring an time’’ in § 61.1 regarding the reference allowance of SIC time obtained under applicant to demonstrate skill in to FFSs rather than flight simulators the SIC PDP in accordance with applying the areas of knowledge and the and the allowance for training § 135.99(c) topics outlined in appendix A of part 65 received or given in an ATD • • Amendments to § 61.57(c) regarding to preflight and all phases of flight, Substantive and clarifying amendments to § 61.51(g)(4) and (5) instrument experience requirements which must include abnormal and • emergency procedures. The FAA regarding instructor requirement Amendments to §§ 61.39, 61.51(e) and emphasizes that this is not a substantive when using an FFS, FTD, or ATD to (f), 61.159(a), (c), and (d)-(f), 61.161, change. The areas of operation in the complete instrument recency and 135.99(c) and (d) regarding aircraft dispatcher PTS are currently experience logging flight time as a second in • Amendment to § 61.51(h) to include command in part 135 operations based on an aircraft dispatcher’s duties • as they relate to the various phases of ATDs to accommodate the logging of Amendment to § 141.5(d) regarding flight, including preflight, en route, and training time in an ATD pilot school use of special curricula • post-flight, and abnormal and Amendments to § 135.245 regarding courses for renewal of certificate emergency situations that could occur. instrument experience requirements • Provisions Effective 180 Days After Date Therefore, the practical test will still be Amendments to § 61.195 regarding of Publication of Final Rule based on the aircraft dispatcher PTS on flight instructors with instrument The following provisions will be the items outlined in appendix A of part ratings only • effective 180 days after publication of 65. Additionally, the aircraft dispatcher Amendment to § 61.99 and addition the final rule: PTS will continue to provide direction of § 61.109(l) regarding credit for • to examiners on how to administer a training obtained as a sport pilot Amendments to §§ 61.3(a) and (l), • practical test. Substantive amendment to § 91.531 63.3, 63.16, 121.383(a) through (c), regarding single pilot operations of 91.1015 and 135.95 regarding Additionally, the FAA is removing former military airplanes and other temporary validation of flightcrew the references to the practical test airplanes with special airworthiness members’ certificates standards for FAA Publication FAA–S– certificates and clarifying • Amendments to § 91.313 regarding 8081 series (Practical Test Standards for amendments use of aircraft certificated in the Airline Transport Pilot Certificate, Type • Typographical correction to appendix restricted category for pilot flight Ratings, Commercial Pilot, and I to part 141 training, checking, and testing. Instrument Ratings) in appendices A, B, • Revisions related to the transition V. Advisory Circulars and Other C, and D to part 60. These references are from the practical test standards to the Guidance Materials replaced with ‘‘FAA Airman Testing airman certification standards in Standards for the Airline Transport Pilot §§ 61.43, 61.57, 65.59, appendix A to To further implement this final rule, Certificate, Type Ratings, Commercial part 65, and appendices A, B, C and the FAA is revising or creating the Pilot Certificate, and Instrument D to part 60 following Advisory Circulars and FAA Ratings.’’ Orders. Provisions Effective 60 Days After Date FAA Order 8900.1, Flight Standards 157 The areas of operation and instrument tasks of Publication of Final Rule Information Management System, Vol. are contained in new § 61.57(d)(1). The FAA notes 11, Chapter 10, Basic and Advanced that it is redesignating former § 61.57(d)(1) as new The following provisions will be § 61.57(d)(2), and former § 61.57(d)(2) as new effective 60 days after publication of the Aviation Training Device, Sec. 1, § 61.57(d)(3). final rule: Approval and Authorized Use under 14

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CFR parts 61 and 141 guidance flightcrew member’s airman certificate Section 61.3(a) is revised to permit a concerning ATD’s will be revised. and medical certificate privileges under pilot flightcrew member to carry a FAA Order 8900.1, Flight Standards an approved certificate verification plan temporary document as a required pilot Information Management System, Vol. 5 set forth in the certificate holder’s certificate for operating a civil aircraft of Airmen Certification, Chapter 1 operations specifications/management the United States. This document must Direction, Guidance, and Procedures for specifications. be provided under an approved Title 14 CFR parts 121/135 and General FAA Order 8900.1, Flight Standards certificate verification plan by a part 119 Aviation, Sec. 1, General Information, Information Management System, Vol. certificate holder conducting operations will be revised adding a new paragraph 5, Airman Certification, Chapter 2, Title under part 121 or 135 or a fractional to facilitate application to the General 14 CFR part 61 Certification of Pilots ownership program manager conducting Aviation and Commercial Division for and Flight Instructors, Sec. 15, Issue a operations under part 91, subpart K. new technology TAA designation. Title 14 CFR part 61 Pilot Certificate Section 61.3(l) is revised to require the The Commercial Pilot—Airplane ACS Based on Military Competence; and temporary document to be presented for will be revised to no longer require a FAA Order 8900.2, General Aviation inspection upon request of certain complex or turbine powered airplane to Airman Designee Handbook, Chapter 7, persons. be provided for part of the practical test, Designated Pilot Examiner Program, Section 61.31 is revised to add an and the Flight Instructor PTS for Sec. 19, Accomplish Designation/Issue exception in § 61.31(e) and (f) to allow Airplane will be revised to no longer Certificates as an ACR Employed Solely a § 135.293 pilot-in-command require a complex airplane to be by a FIRC Sponsor, Paragraph 121, competency check completed in a provided for part of the practical test. Flight Instructor Certificate and Ratings complex or high performance airplane AC 135–43: This document will be a Issued on the Basis of Military to meet the training requirements for a new AC (Part 135 SIC Professional Competence by an MCE and MC/FPE, complex or high performance airplane, Development Program) that will provide and Paragraph 122, Certification of respectively. part 135 operators guidance on Graduates; and Sec. 20, Accomplish Section 61.39 is revised to add a receiving FAA approval for training and Designation/Conduct Functions as an provision that requires a pilot who has qualifying pilots to act as an SIC and log MCE, FPE, MC/FPE, GIE, and FIRE, logged flight time under the SIC that time for the ATP flight time Paragraphs 123–127, Background, professional development program requirements. General Information for MCE, FPE, and requirements of § 61.159(c) to present a AC 61–65, Certification: Pilots and MC/FPE Designations, Issuance of a U.S. copy of the records required by Flight and Ground Instructors will be Private Pilot Certificate and Ratings § 135.63(a)(4)(vi) and (x) at the time of revised to include endorsements and Based on Foreign Pilot Licenses, Pilot application for the practical test. guidance pertaining to the sport pilot Certificates and Ratings Issued on the Section 61.43 is revised to remove the provisions. This will include the Basis of Military Competence by an reference to the practical test standards recommended endorsement for MCE and MC/FPE, and Compliance to reflect the transition to the airman qualifying a sport pilot only instructor with Other Provisions, respectively, certification standards. to give basic instrument flight guidance concerning flight instructor Section 61.51(e) is revised to allow a instruction to sport pilot candidates certificate renewal via military commercial pilot or ATP acting as PIC only. Additional guidance will be competence will be revised regarding of a part 135 operation to log all of the provided concerning reference to the the military flight instructor provisions flight time as PIC flight time even when General Aviation and Commercial included in this final rule. the SIC is the sole manipulator of the Division, to qualify aircraft as TAA that controls under an approved SIC PDP. otherwise do not meet the criteria VI. Section-By-Section Discussion of the Section 61.51(e) is also revised to defined in the rule definition. Final Rule prohibit an SIC from logging PIC time AC 141–1 Pilot School Certification In part 1, definitions and when the SIC is the sole manipulator of will be revised to reflect the allowance abbreviations, in § 1.1, the definition of the controls under an approved SIC to use graduates from special curricula ‘‘flight simulation training device’’ is PDP. Section 61.51(f) is revised to courses as a counter for those pilot revised. reflect the allowance for SICs to log schools obtaining initial or renewal In part 60, flight simulation training flight time in part 135 operations when pilot school certification. device initial and continuing not serving as required flightcrew AC 00–70: This document will be a qualification and use, appendices A, B, members under the type certificate or new AC (Flightcrew Member Certificate C, and D are revised to remove the regulations. Section 61.51(g) is revised Verification Plan) that will provide part references to the FAA Publication FAA– to allow a pilot to accomplish 121 air carriers, part 135 air carriers/ S–8081 series (Practical Test Standards instrument experience when using a operators, and part 91, subpart K, for Airline Transport Pilot Certificate, FFS, FTD, or ATD without an instructor program managers guidance on Type Ratings, Commercial Pilot, and present. Section 61.51(h) is revised to receiving FAA approval of a certificate Instrument Ratings) to reflect the include ATDs to accommodate the verification plan to provide a temporary transition to the airman certification logging of training time in an ATD. document verifying a flightcrew standards. These references are replaced Section 61.57(c) is revised to allow member’s airman certificate and with ‘‘FAA Airman Testing Standards pilots to accomplish instrument medical certificate privileges. for the Airline Transport Pilot experience in ATDs at the same 6- FAA Order 8900.1, Flight Standards Certificate, Type Ratings, Commercial month interval allowed for FFSs and Information Management System, Vol. Pilot Certificate, and Instrument FTDs. In addition, the section is revised 5, Airman Certification, Chapter 1, Ratings.’’ to no longer require pilots, who opt to Direction, Guidance and Procedures for In part 61, certification: Pilots, flight use ATDs for accomplishing instrument Parts 121/135 and General Aviation, instructors, and ground instructors, in experience, to complete a specific Sec. 7, Amendments to Certificates and § 61.1, the definition of ‘‘pilot time’’ is number of additional instrument Replacement of Lost Certificates will be revised. New definitions are added to experience hours or additional tasks. revised to provide guidance concerning § 61.1(b) for ‘‘aviation training device’’ Finally, § 61.57(d) is being revised to temporary documents verifying a and ‘‘technically advanced airplane.’’ remove the reference to the practical test

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standards and codifying the areas of instructor pilot proficiency check certificate and to add a process for operation and instrument tasks required within the 24 calendar months replacement of a lost or destroyed for an IPC. preceding the month of application to knowledge test report. Section 61.99 is revised to allow flight be eligible to renew his or her FAA In part 65, certification: Airmen other training received from a flight instructor flight instructor certificate based on that than flight crewmembers, § 65.59 and with a sport pilot rating who does not proficiency check. The section is appendix A are revised to update the also hold a flight instructor certificate clarified to indicate that a flight terminology to reflect the transition to issued under the requirements in instructor is able to renew his or her the airman certification standards. subpart H of part 61 to be credited certificate by providing a record In part 91, general operating and flight toward the flight training and demonstrating that, within the previous rules, § 91.109(c) is revised to permit a aeronautical experience requirements 24 calendar months, the instructor sport pilot instructor who has obtained for a recreational pilot certificate with passed a military instructor pilot the endorsement in § 61.412 to serve as airplane or rotorcraft categories. proficiency check for a rating that the a safety pilot only for the purpose of Section 61.109 is revised by adding instructor already holds or for a new providing flight training on control and paragraph (l) to allow flight training rating. maneuvering solely by reference to the received from a flight instructor with a Section 61.199 is revised to permit a instruments to a sport pilot applicant sport pilot rating who does not also hold military instructor to reinstate his or her seeking a solo endorsement in an a flight instructor certificate issued flight instructor certificate by providing airplane with a Vh greater than 87 knots under the requirements in subpart H of a record showing that, within the CAS. part 61 to be credited toward the flight previous six calendar months, the Section 91.313 is revised to permit training and aeronautical experience instructor passed a U.S. Armed Forces operators of aircraft certificated in the requirements for a private pilot instructor pilot or pilot examiner restricted category to operate those certificate with airplane, rotorcraft, or proficiency check for an additional aircraft for the purpose of providing lighter-than-air categories. military rating or completed a U.S. pilot training and testing, to pilots Section 61.129(a)(3)(ii) is revised to Armed Forces’ instructor pilot or pilot employed by the operator to perform the allow a pilot seeking an initial examiner training course and received special purpose operation, that leads to commercial pilot certificate with an an additional aircraft rating a type rating designation required by airplane single engine rating to qualification as a military instructor § 61.31(a) (and an ATP certificate complete 10 hours of training, currently pilot or pilot examiner. Section obtained concurrently with a type required in a complex or turbine- 61.199(c) is added as a temporary rating). The section is amended to allow powered airplane, to also be completed provision to provide a reinstatement flights to be conducted in restricted in a TAA or any combination thereof. method for military instructors and category aircraft for the purpose of Section 61.129(a)(3)(ii) is also revised to examiners who allowed their FAA designating examiners and qualifying include a reference to the requirements instructor certificates to expire before FAA inspectors in the aircraft type and of paragraph (j) because the FAA is the regulations allowed them to add a conducting oversight and observation of relocating the proposed requirements rating based on military instructor designated examiners. regarding what a TAA must contain to competence. Section 91.531 is revised to allow § 61.129(j). Coordinated revisions are Section 61.412 is added to establish certain large airplanes that are not type- made in § 61.129(b)(3)(ii) for clarity and training and endorsement requirements certificated to be operated without a consistency purposes only. for those sport pilot flight instructors pilot who is designated as SIC, provided Section 61.159 is revised to permit who want to provide training for sport- that those airplanes: (1) Were originally flight time logged under an approved pilot applicants on control and designed with only one pilot station; or SIC PDP to be used to meet certain flight maneuvering solely by reference to the (2) were originally designed with more time requirements for an ATP certificate flight instruments. than one pilot station for purposes of with an airplane category rating. Section 61.415 is revised by adding flight training or for other purposes, but Section 61.161 is revised to permit new paragraph (h) to clarify that a sport were operated by a branch of the United flight time logged under an approved pilot instructor may not conduct flight States armed forces or the armed forces SIC PDP to be used to meet certain flight training on control and maneuvering an of a foreign contracting State to the time requirements for an ATP certificate aircraft solely by reference to the Convention on International Civil with a rotorcraft category and helicopter instruments in an airplane that has a Vh Aviation with only one pilot. The class rating. greater than 87 knots CAS without section is revised to eliminate Section 61.195(b) and (c) are revised meeting the requirements in § 61.412. redundancies and reorganized for to permit a flight instructor who holds In part 63, certification: Flight purposes of clarification by placing all only an instrument rating to provide crewmembers other than pilots, § 63.3(a) affirmative requirements for a SIC in instrument training without being is revised to permit a flight engineer paragraph (a) and all exceptions thereto required to hold aircraft category and flightcrew member to carry a temporary in paragraph (b). class ratings on his or her flight verification document as an airman Section 91.1015 is revised to permit a instructor certificate if both the flight certificate or medical certificate, as fractional ownership program manager instructor and the pilot receiving appropriate. This document must be to obtain approval to provide a training hold a pilot certificate with the provided under an approved certificate temporary document verifying a appropriate category and class ratings. verification plan by a part 119 certificate flightcrew member’s airman certificate Flight instructors who wish to provide holder conducting operations under part and medical certificate privileges under instrument training in a multiengine 121. Section 63.3(e) is revised to require an approved certificate verification plan airplane must still have that additional the temporary document to be presented set forth in the program manager’s category and class on their flight for inspection upon request of certain management specifications. instructor certificate. persons. In part 121, operating requirements: Section 61.197(a)(2)(iv) is revised to Section 63.16 is revised to update the Domestic, flag, and supplemental allow a military instructor who has process for replacement of a lost or operations, § 121.383(b) is revised to passed a U.S. Armed Forces military destroyed airman certificate or medical require the temporary document to be

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presented for inspection upon request of rating to complete the 10 hours of Regulatory Policies and Procedures; (4) the Administrator. Section 121.383(c) is training in one, or a combination of, a will not result in a significant economic revised to permit a certificate holder to TAA, a complex airplane, or a turbine- impact on a substantial number of small obtain approval to provide a temporary powered airplane. entities, because this rule provides document verifying a flightcrew Appendix I to part 141, additional modest cost savings without imposing member’s airman certificate and aircraft category and/or class rating significant costs; (5) will not create medical certificate privileges under an course, section 4, paragraph (k)(2) is unnecessary obstacles to the foreign approved certificate verification plan set revised by redesignating the second commerce of the United States; and (6) forth in the certificate holder’s paragraph (k)(2)(iv) as paragraph will not impose an unfunded mandate operations specifications. (k)(2)(v). on state, local, or tribal governments, or In part 135, operating requirements: VII. Regulatory Notices and Analyses on the private sector by exceeding the Commuter and on demand operations threshold identified above. These and rules governing persons on board A. Regulatory Evaluation analyses are summarized below, and a such aircraft, § 135.95 is revised to Changes to Federal regulations must full discussion of the benefits and costs permit a certificate holder to obtain undergo several economic analyses. is provided in the regulatory evaluation approval to provide a temporary First, Executive Order 12866, and included in the docket for this document verifying a flightcrew Executive Order 13563, direct that each rulemaking. member’s airman certificate and Federal agency shall propose or adopt a Who is potentially affected by this rule? medical certificate privileges under an regulation only upon a reasoned approved certificate verification plan set determination that the benefits of the This final rule will provide regulatory forth in the certificate holder’s intended regulation justify its costs. relief and benefits to pilots, student operations specifications. Second, the Regulatory Flexibility Act pilots, flight instructors, military pilots Section 135.99 is revised to add of 1980 (Pub. L. 96–354) requires seeking civilian ratings, and pilot paragraph (c) to permit a certificate agencies to analyze the economic schools. holder conducting part 135 operations impact of regulatory changes on small to receive approval of an SIC PDP via entities. Third, the Trade Agreements Assumptions operations specifications (Ops Specs) in Act (Pub. L. 96–39) prohibits agencies 1. Analysis Time Period—5 Years order to allow their pilots to log time as from setting standards that create 2. Discount Rates—3% and 7% SICs in an operation that does not unnecessary obstacles to the foreign 3. Analysis Base Dollar Year—2016 require an SIC by type certification of commerce of the United States. In the aircraft or the regulations under developing U.S. standards, this Trade Summary of Cost Savings which the flight is being conducted. The Act requires agencies to consider paragraph includes requirements related international standards and, where The amendments in this final rule to the certificate holder, aircraft, and appropriate, that they be the basis of reduce or relieve existing burdens on pilots involved. Section 135.99(d) states U.S. standards. Fourth, the Unfunded the general aviation community and that certificate holders who have been Mandates Reform Act of 1995 (Pub. L. part 135 operators. Several of these approved to deviate from the 104–4) requires agencies to prepare a changes result from comments from the requirements in § 135.21(a), written assessment of the costs, benefits, general aviation community through § 135.341(a), or § 119.69(a) are not and other effects of proposed or final petitions for rulemaking, industry/ permitted to obtain approval to conduct rules that include a Federal mandate agency meetings, and requests for legal an SIC PDP. likely to result in the expenditure by interpretation. The changes include: Section 135.245 is revised to remove State, local, or tribal governments, in the reduction in time and flexibilities in the the reference to part 61 in § 135.245(a) aggregate, or by the private sector, of use of ATDs, FTDs, and FFSs; expanded and move the current instrument $100 million or more annually (adjusted opportunities for pilots in part 135 experience requirements in § 61.57(c) for inflation with base year of 1995). operations to log flight time; allowed and (d) to new § 135.245(c) and (d). This portion of the preamble alternatives to the complex airplane In part 141, pilot schools, § 141.5(d) is summarizes the FAA’s analysis of the requirement for commercial pilot revised to add an end-of-course test for economic impacts of this rule. We training; and, an allowance for pilots to a special curricula course approved suggest readers seeking greater detail credit some of their sport pilot training under § 141.57 to the list of activities a read the full regulatory evaluation, a toward a higher certificate. This final pilot school may use for the FAA to copy of which we have placed in the rule does not result in additional costs. issue or renew a pilot school certificate. docket for this rulemaking. The present value total cost savings Appendix D to part 141, commercial In conducting these analyses, FAA over the 5-year period of analysis is pilot certification course, is revised to has determined that this final rule: (1) about $93.1 million with an annualized allow commercial pilot certification Has benefits that justify its costs, (2) is cost savings of about $22.7 million at a courses to reflect the relief in not an economically ‘‘significant 7% discount rate. The following table § 61.129(a)(3)(ii) that permits a pilot regulatory action’’ as defined in section summarizes unquantified and seeking a commercial pilot certificate 3(f) of Executive Order 12866, (3) is not monetized cost savings over the 5-year with an airplane single engine class ‘‘significant’’ as defined in DOT’s period of analysis.

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TABLE 2—SUMMARY OF RULE PROVISIONS

Total 5-year cost savings Provision/area of regulatory relief (millions of $2016 dollars) * 2016$ PV at 3% PV at 7%

Allow a pilot to accomplish instrument recency experience in an FFS, FTD, or ATD without an instructor present ...... $12.5 $11.4 $10.3 Reduction in interval and time for pilots using ATDs ...... 83.1 76.1 68.2 Allowance to use less expensive basic airplanes for tests instead of more expensive complex airplanes ...... 3.1 2.8 2.6 Credit for training obtained as a sport pilot * ...... 14.0 13.3 12.3

5-Year Total ...... 113.5 104.0 93.1

Provisions With Unquantified Minimal Cost Savings

Second in Command for part 135 operations. Instrument recency experience for SICs serving in Part 135 operations. Flight instructors with instrument ratings only. Sport pilot flight instructor training privilege. Include special curricula courses in renewal of pilot school certificate. Temporary validation of flightcrew members’ certificates. Military competence for flight instructors. Restricted category aircraft training and testing allowances. Single pilot operations of former military airplanes and other airplanes with special airworthiness certificates. * Totals may not sum due to rounding.

The following table summarizes 3% discount rate are almost the same in comprises about 75% of the savings of annualized cost savings at a 7% this analysis). The reduction in interval this final rule. discount rate (annualized estaimtes at a and time for pilots using ATDs

TABLE 3—SUMMARY OF ANNUALIZED COST SAVINGS *

Annualized cost Provision/area of regulatory relief savings at 7% ($M)

Allow a pilot to accomplish instrument recency experience in an FFS, FTD, or ATD without an instructor present ...... $2.5 Reduction in interval and time for pilots using ATDs ...... 16.6 Allowance to use TAAs for training and less expensive basic airplanes for tests instead of more expensive complex airplanes ...... 6 Credit for training obtained as a sport pilot ...... 3.0

Total ...... 22.7 * Estimates may total due to rounding.

B. Regulatory Flexibility Determination significant economic impact on a 135 air carriers alone. The general lack The Regulatory Flexibility Act of 1980 substantial number of small entities. If of publicly available financial (Pub. L. 96–354) (RFA) establishes ‘‘as a the agency determines that it will, the information from these small businesses principle of regulatory issuance that agency must prepare a regulatory precludes a financial analysis of these agencies shall endeavor, consistent with flexibility analysis as described in the small businesses. the objectives of the rule and of RFA. This final rule will affect a substantial applicable statutes, to fit regulatory and However, if an agency determines that number of small entities. However, this informational requirements to the scale a rule is not expected to have a final rule will not impose a significant of the businesses, organizations, and significant economic impact on a impact on those entities because this governmental jurisdictions subject to substantial number of small entities, rule provides modest cost savings regulation. To achieve this principle, section 605(b) of the RFA provides that without imposing significant costs. agencies are required to solicit and the head of the agency may so certify Therefore, as provided in section consider flexible regulatory proposals and a regulatory flexibility analysis is 605(b), the head of the FAA certifies and to explain the rationale for their not required. The certification must that this final rule will not result in a actions to assure that such proposals are include a statement providing the significant economic impact on a given serious consideration.’’ The RFA factual basis for this determination, and substantial number of small entities, as covers a wide range of small entities, the reasoning should be clear. it imposes no new costs. including small businesses, not-for- Most of the parties affected by this C. International Trade Impact profit organizations, and small final rule will be small businesses such Assessment governmental jurisdictions. as flight instructors, aviation schools, Agencies must perform a review to fixed base operators, and small part 135 The Trade Agreements Act of 1979 determine whether a rule will have a air carriers. There are over 1,000 part (Pub. L. 96–39), as amended by the

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Uruguay Round Agreements Act (Pub. • Second in command for part 135 Standards and Recommended Practices L. 103–465), prohibits Federal agencies operations (information collection and has identified the following from establishing standards or engaging 2120–0021, 2120–0593, 2120–0039), differences with these proposed in related activities that create • Include special curricula courses in regulations. unnecessary obstacles to the foreign renewal of pilot school certificate The FAA notes that, under commerce of the United States. (information collection 2120–0009). § 61.159(c), pilots are permitted to log Pursuant to these Acts, the The FAA did not receive any second in command flight time in part establishment of standards is not comments regarding its proposed 135 operations when a second pilot is considered an unnecessary obstacle to revision to any of the listed information not required. ICAO standards do not the foreign commerce of the United collections. However, as the FAA was recognize the crediting of flight time States, so long as the standard has a developing this final rule, it recognized when a pilot is not required by the legitimate domestic objective, such as that it had not provided an opportunity aircraft certification or the operation the protection of safety, and does not for meaningful comment regarding the under which the flight is being operate in a manner that excludes proposed revisions to information conducted. Accordingly, all pilots who imports that meet this objective. The collections 2120–0021, 2120–0039 and log flight time under this provision and statute also requires consideration of 2120–0009.158 While the FAA had apply for an ATP certificate would have international standards and, where described the changes in burden it did a limitation on the certificate indicating appropriate, that they be the basis for not provide estimates of the total that the pilot does not meet the PIC U.S. standards. number of respondents affected by some aeronautical experience requirements of of the changes. To ensure transparency The FAA has assessed the potential ICAO. This limitation may be removed and a meaningful opportunity for when the pilot presents satisfactory effect of this final rule and determined comment, the FAA published three that it will have only a domestic impact evidence that he or she has met the notices seeking specific comment ICAO standards. and therefore would not create regarding the revisions being made to unnecessary obstacles to the foreign Additionally, the FAA is allowing each of these information collections as part 119 certificate holders conducting commerce of the United States. 159 part of this final rule. The revisions operations under parts 121 and 135 and D. Unfunded Mandates Assessment to these information collections will program managers conducting follow the notice and comment Title II of the Unfunded Mandates operations under part 91 subpart K to requirements of the Paperwork issue temporary verification documents Reform Act of 1995 (Pub. L. 104–4) Reduction Act and will be submitted to requires each Federal agency to prepare to flightcrew members who do not have OMB for review and approval. their airman certificates or medical a written statement assessing the effects The FAA notes that the effective dates certificates in their personal possession of any Federal mandate in a proposed or of the provisions of this final rule with for a particular flight. A temporary final agency rule that may result in an information collection revisions have verification document may be used for expenditure of $100 million or more (in been adjusted from the effective dates a period not to exceed 72 hours. Article 1995 dollars) in any one year by State, that were proposed to address the 29 of the Convention on International local, and tribal governments, in the Paperwork Reduction Act requirements Civil Aviation requires that every aggregate, or by the private sector; such for notice and OMB approval. a mandate is deemed to be a ‘‘significant aircraft engaged in international F. International Compatibility and regulatory action.’’ The FAA currently navigation shall carry ‘‘the appropriate Cooperation uses an inflation-adjusted value of licenses for each member of the crew.’’ $155.0 million in lieu of $100 million. In keeping with U.S. obligations Accordingly, the FAA is limiting the use of temporary verification documents to This final rule does not contain such under the Convention on International Civil Aviation, it is FAA policy to flights conducted entirely within the a mandate. Therefore, the requirements United States. of Title II of the Act do not apply. conform to ICAO Standards and Recommended Practices to the G. Environmental Analysis E. Paperwork Reduction Act maximum extent practicable. The FAA has reviewed the corresponding ICAO FAA Order 1050.1F identifies FAA The Paperwork Reduction Act of 1995 actions that are categorically excluded (44 U.S.C. 3507(d)) requires that the 158 The FAA notes that for one information from preparation of an environmental FAA consider the impact of paperwork collection, 2120–0593: Certification: Air Carriers assessment or environmental impact and other information collection and Commercial Operators, the FAA provided statement under the National burdens imposed on the public. estimates of the number of respondents and the Environmental Policy Act in the total burden. Therefore, the FAA provided adequate According to the 1995 amendments to notice and an opportunity for comment regarding absence of extraordinary circumstances. the Paperwork Reduction Act, (5 CFR the revisions to information collection 2120–0593 The FAA has determined this 1320.8(b)(2)(vi)), an agency may not in the NPRM. 81 FR 29749–52. The FAA further rulemaking action qualifies for the collect or sponsor the collection of notes that this information collection was submitted to OMB during the comment period for the NPRM. categorical exclusion identified in information, nor may it impose an OMB filed comment and continued the information paragraph 5–6.6f and involves no information collection requirement collection on January 2, 2017. extraordinary circumstances. unless it displays a currently valid 159 Agency Information Collection Activities: Office of Management and Budget Requests for Comments; Clearance of Renewed VIII. Executive Order Determinations Approval of Information Collection: Pilot Schools- (OMB) control number. FAR 141, 83 FR 27820 (Jun. 14, 2018); Agency A. Executive Order 13132, Federalism In the proposed rule the FAA Information Collection Activities: Requests for The FAA has analyzed this proposed identified three provisions with PRA Comments; Clearance of Renewed Approval of Information Collection: Certification: Pilots, Flight rule under the principles and criteria of implications that will require amended Instructors, and Ground Instructors, 83 FR 27821 Executive Order 13132, Federalism. The OMB supporting statements: (Jun. 14, 2018); Agency Information Collection agency has determined that this action • Activities: Requests for Comments; Clearance of a Instrument recency experience Revision to an Approval of an Existing Information would not have a substantial direct requirements (information collection Collection: Operating Requirements: Commuter and effect on the States, or the relationship 2120–0021), On-Demand Operation, 83 FR 27822 (Jun. 14, 2018). between the Federal Government and

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the States, or on the distribution of must identify the docket or notice PART 1—DEFINITIONS AND power and responsibilities among the number of this rulemaking. ABBREVIATIONS various levels of government, and, All documents the FAA considered in ■ therefore, would not have Federalism developing this proposed rule, 1. The authority citation for part 1 implications. including economic analyses and continues to read as follows: B. Executive Order 13211, Regulations technical reports, may be accessed from Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701. That Significantly Affect Energy Supply, the internet through the Federal Distribution, or Use eRulemaking Portal referenced above. ■ 2. In § 1.1, revise the definition of B. Small Business Regulatory ‘‘Flight simulation training device’’ to The FAA analyzed this proposed rule read as follows: under Executive Order 13211, Actions Enforcement Fairness Act Concerning Regulations that The Small Business Regulatory § 1.1 General definitions. Significantly Affect Energy Supply, Enforcement Fairness Act of 1996 * * * * * Distribution, or Use (May 18, 2001). The (SBREFA) requires FAA to comply with Flight simulation training device agency has determined that it would not small entity requests for information or (FSTD) means a full flight simulator or be a ‘‘significant energy action’’ under advice about compliance with statutes a flight training device. the executive order and would not be and regulations within its jurisdiction. * * * * * likely to have a significant adverse effect A small entity with questions regarding on the supply, distribution, or use of this document may contact its local PART 60—FLIGHT SIMULATION energy. FAA official, or the person listed under TRAINING DEVICE INITIAL AND CONTINUING QUALIFICATION AND C. Executive Order 13609, Promoting the FOR FURTHER INFORMATION CONTACT USE International Regulatory Cooperation heading at the beginning of the preamble. To find out more about Executive Order 13609, Promoting ■ 3. The authority citation for part 60 SBREFA on the internet, visit http:// continues to read as follows: International Regulatory Cooperation, www.faa.gov/regulations_policies/ (77 FR 26413, May 4, 2012) promotes rulemaking/sbre_act/. Authority: 49 U.S.C. 106(f), 106(g), 40113, international regulatory cooperation to and 44701; Pub. L. 111–216, 124 Stat. 2348 meet shared challenges involving List of Subjects (49 U.S.C. 44701 note). health, safety, labor, security, 14 CFR Part 1 ■ 4. In appendix A, revise paragraph environmental, and other issues and to 1.d.(27) to read as follows: reduce, eliminate, or prevent Air transportation. Appendix A to Part 60—Qualification unnecessary differences in regulatory 14 CFR Part 60 requirements. The FAA has analyzed Performance Standards for Airplane this action under the policies and Airmen, Aviation safety, Reporting Full Flight Simulators agency responsibilities of Executive and recordkeeping requirements. * * * * * Order 13609, and has determined that 1. * * * 14 CFR Part 61 this action would have no effect on d. * * * international regulatory cooperation. Aircraft, Airmen, Aviation safety, (27) FAA Airman Testing Standards for the Teachers. Airline Transport Pilot Certificate, Type D. Executive Order 13771, Reducing Ratings, Commercial Pilot Certificate, and Regulation and Controlling Regulatory 14 CFR Part 63 Instrument Ratings. Costs * * * * * Aircraft, Airman, Aviation safety. This final rule is considered an E.O. ■ 5. In appendix B, revise paragraph 13771 deregulatory action. Details on 14 CFR Part 65 1.d.(26) to read as follows: the estimated cost savings of this final Air traffic controllers, Aircraft, Appendix B to Part 60—Qualification rule can be found in the rule’s economic Airmen, Aviation safety, Reporting and Performance Standards for Airplane analysis. recordkeeping requirements. Flight Training Devices IX. Additional Information 14 CFR Part 91 * * * * * 1. * * * A. Availability of Rulemaking Aircraft, Airmen, Aviation safety. d. * * * Documents (26) FAA Airman Testing Standards for the 14 CFR Part 121 An electronic copy of rulemaking Airline Transport Pilot Certificate, Type Air carriers, Aircraft, Airmen, Ratings, Commercial Pilot Certificate, and documents may be obtained from the Instrument Ratings. internet by— Aviation safety. • * * * * * Searching the Federal eRulemaking 14 CFR Part 135 Portal (http://www.regulations.gov); ■ 6. In appendix C, revise paragraph • Visiting the FAA’s Regulations and Aircraft, Airmen, Aviation safety. 1.d.(25) to read as follows: Policies web page at http:// 14 CFR Part 141 Appendix C to Part 60—Qualification www.faa.gov/regulations_policies or Performance Standards for Helicopter • Accessing the Government Airmen, Educational facilities, Full Flight Simulators Publishing Office’s web page at http:// Reporting and recordkeeping www.fdsys.gov. requirements, Schools. * * * * * 1. * * * Copies may also be obtained by The Amendment d. * * * sending a request to the Federal (25) FAA Airman Testing Standards for the Aviation Administration, Office of In consideration of the foregoing, the Airline Transport Pilot Certificate, Type Rulemaking, ARM–1, 800 Independence Federal Aviation Administration Ratings, Commercial Pilot Certificate, and Avenue SW, Washington, DC 20591, or amends chapter I of title 14, Code of Instrument Ratings. by calling (202) 267–9677. Commenters Federal Regulations as follows: * * * * *

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■ 7. In appendix D, revise paragraph § 61.1 Applicability and definitions. ■ b. Effective August 27, 2018, revise 1.d.(28) to read as follows: * * * * * paragraphs (e)(2) and (f)(2). Appendix D to Part 60—Qualification (b) * * * The revisions read as follows: Pilot time *** Performance Standards for Helicopter (iii) Gives training as an authorized § 61.31 Type rating requirements, Flight Training Devices instructor in an aircraft, full flight additional training, and authorization requirements. * * * * * simulator, flight training device, or 1. * * * aviation training device; or * * * * * d. * * * (iv) Serves as second in command in (e) * * * (28) FAA Airman Testing Standards for the operations conducted in accordance (2) The training and endorsement Airline Transport Pilot Certificate, Type Ratings, Commercial Pilot Certificate, and with § 135.99(c) of this chapter when a required by paragraph (e)(1) of this Instrument Ratings. second pilot is not required under the section is not required if— * * * * * type certification of the aircraft or the (i) The person has logged flight time regulations under which the flight is as pilot in command of a complex PART 61—CERTIFICATION: PILOTS, being conducted, provided the airplane, or in a full flight simulator or FLIGHT INSTRUCTORS, AND GROUND requirements in § 61.159(c) are satisfied. flight training device that is INSTRUCTORS * * * * * representative of a complex airplane ■ 11. Effective December 24, 2018, in prior to August 4, 1997; or ■ 8. The authority citation for part 61 § 61.3, revise paragraph (a)(1)(iv), (ii) The person has received ground continues to read as follows: redesignate paragraph (a)(1)(v) as and flight training under an approved Authority: 49 U.S.C. 106(f), 106(g), 40113, paragraph (a)(1)(vii), add paragraphs training program and has satisfactorily 44701–44703, 44707, 44709–44711, 44729, (a)(1)(v) and (vi), and revise paragraph completed a competency check under 44903, 45102–45103, 45301–45302; Sec. (l) introductory text to read as follows: § 135.293 of this chapter in a complex 2307 Pub. L. 114–190, 130 Stat. 615 (49 airplane, or in a full flight simulator or U.S.C. 44703 note). § 61.3 Requirement for certificates, flight training device that is ■ 9. Amend § 61.1(b) as follows: ratings, and authorizations. representative of a complex airplane ■ a. Add a definition of ‘‘Aviation (a) * * * which must be documented in the training device’’ in alphabetical order. (1) * * * pilot’s logbook or training record. ■ b. Revise the definition of ‘‘Pilot (iv) A document conveying temporary (f) * * * time;’’ and, authority to exercise certificate (2) The training and endorsement ■ c. Add a definition of ‘‘Technically privileges issued by the Airmen required by paragraph (f)(1) of this advanced airplane’’ in alphabetical Certification Branch under § 61.29(e); section is not required if— order. (v) When engaged in a flight operation (i) The person has logged flight time The revisions and additions read as within the United States for a part 119 as pilot in command of a high- follows: certificate holder authorized to conduct performance airplane, or in a full flight operations under part 121 or 135 of this § 61.1 Applicability and definitions. simulator or flight training device that is chapter, a temporary document * * * * * representative of a high-performance provided by that certificate holder (b) * * * airplane prior to August 4, 1997; or Aviation training device means a under an approved certificate verification plan; (ii) The person has received ground training device, other than a full flight and flight training under an approved simulator or flight training device, that (vi) When engaged in a flight operation within the United States for a training program and has satisfactorily has been evaluated, qualified, and completed a competency check under approved by the Administrator. fractional ownership program manager authorized to conduct operations under § 135.293 of this chapter in a high * * * * * performance airplane, or in a full flight Pilot time means that time in which part 91, subpart K, of this chapter, a temporary document provided by that simulator or flight training device that is a person— representative of a high performance (i) Serves as a required pilot flight program manager under an approved certificate verification plan; or airplane which must be documented in crewmember; the pilot’s logbook or training record. (ii) Receives training from an * * * * * * * * * * authorized instructor in an aircraft, full (l) Inspection of certificate. Each flight simulator, flight training device, person who holds an airman certificate, ■ 13. Effective November 26, 2018, in or aviation training device; or temporary document in accordance with § 61.39, revise paragraph (a)(3) to read (iii) Gives training as an authorized paragraph (a)(1)(v) or (vi) of this section, as follows: instructor in an aircraft, full flight medical certificate, documents § 61.39 Prerequisites for practical tests. simulator, flight training device, or establishing alternative medical aviation training device. qualification under part 68 of this (a) * * * * * * * * chapter, authorization, or license (3) Have satisfactorily accomplished Technically advanced airplane (TAA) required by this part must present it and the required training and obtained the means an airplane equipped with an their photo identification as described aeronautical experience prescribed by electronically advanced avionics in paragraph (a)(2) of this section for this part for the certificate or rating system. inspection upon a request from: sought, and if applying for the practical * * * * * * * * * * test with flight time accomplished under § 61.159(c), present a copy of the ■ 10. Effective November 26, 2018, in ■ 12. Amend § 61.31 as follows: records required by § 135.63(a)(4)(vi) § 61.1(b), amend the definition of ‘‘Pilot ■ a. Effective July 27, 2018, in and (x) of this chapter; time’’ by removing the word ‘‘or’’ at the paragraphs (e)(1)(i), (f)(1)(i), (g)(2) and end of paragraph (ii), revising paragraph (3), and (h)(1), remove the words ‘‘flight * * * * * (iii), and adding paragraph (iv) to read simulator’’ and add in their place the ■ 14. In § 61.43, revise paragraph (a)(1) as follows: words ‘‘full flight simulator’’; and to read as follows:

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§ 61.43 Practical tests: General with § 135.99(c) of this chapter when a maintained and the pilot performs the procedures. second pilot is not required under the tasks and iterations in simulated (a) * * * type certification of the aircraft or the instrument conditions. A person may (1) Performing the tasks specified in regulations under which the flight is complete the instrument experience in the areas of operation for the airman being conducted, provided the any combination of an aircraft, full certificate or rating sought; requirements in § 61.159(c) are satisfied. flight simulator, flight training device, * * * * * (g) * * * or aviation training device. ■ 15. Amend § 61.51 as follows: (4) A person may use time in a full * * * * * ■ a. Effective July 27, 2018, in flight simulator, flight training device, (d) Instrument proficiency check. (1) paragraphs (b)(1)(iii) and (iv), (b)(2)(v), or aviation training device for acquiring Except as provided in paragraph (e) of (b)(3)(iii) and (iv), (k)(1)(ii), and instrument aeronautical experience for a this section, a person who has failed to (k)(2)(ii), remove the words ‘‘flight pilot certificate or rating provided an meet the instrument experience simulator’’ and add in their place the authorized instructor is present to requirements of paragraph (c) of this words ‘‘full flight simulator’’; observe that time and signs the person’s section for more than six calendar ■ b. Effective November 26, 2018, revise logbook or training record to verify the months may reestablish instrument paragraph (e)(1)(i); time and the content of the training currency only by completing an ■ c. Effective November 26, 2018, add session. instrument proficiency check. The paragraph (e)(5); (5) A person may use time in a full instrument proficiency check must ■ d. Effective November 26, 2018, revise flight simulator, flight training device, consist of at least the following areas of paragraphs (f)(1) and (2); or aviation training device for satisfying operation: ■ e. Effective November 26, 2018, add instrument recency experience (i) Air traffic control clearances and paragraph (f)(3); requirements provided a logbook or procedures; ■ f. Effective July 27, 2018, revise training record is maintained to specify (ii) Flight by reference to instruments; paragraph (g)(4); the training device, time, and the (iii) Navigation systems; ■ g. Effective July 27, 2018, add content. (iv) Instrument approach procedures; paragraph (g)(5); and (h) Logging training time. (1) A person (v) Emergency operations; and ■ h. Effective July 27, 2018, revise may log training time when that person (vi) Postflight procedures. paragraph (h)(1). receives training from an authorized * * * * * The revisions and additions read as instructor in an aircraft, full flight ■ 17. Revise § 61.99 to read as follows: follows: simulator, flight training device, or aviation training device. § 61.99 Aeronautical experience. § 61.51 Pilot logbooks. * * * * * (a) A person who applies for a * * * * * ■ recreational pilot certificate must (e) * * * 16. Amend § 61.57 as follows: ■ a. Effective July 27, 2018, in receive and log at least 30 hours of flight (1) * * * time that includes at least— (i) Except when logging flight time paragraphs (a)(3), (b)(2), (d)(1)(ii), (e)(4)(ii)(D), and (g) introductory text, (1) 15 hours of flight training from an under § 61.159(c), when the pilot is the authorized instructor on the areas of sole manipulator of the controls of an remove the words ‘‘flight simulator’’ and add in their place the words ‘‘full operation listed in § 61.98 that consists aircraft for which the pilot is rated, or of at least: has sport pilot privileges for that flight simulator’’; ■ b. Effective July 27, 2018, in paragraph (i) Except as provided in § 61.100, 2 category and class of aircraft, if the hours of flight training en route to an aircraft class rating is appropriate; (e)(4)(ii)(D), remove the words ‘‘flight simulator’s’’ and add in their place the airport that is located more than 25 * * * * * words ‘‘full flight simulator’s’’; nautical miles from the airport where (5) A commercial pilot or airline ■ c. Effective November 26, 2018, revise the applicant normally trains, which transport pilot may log all flight time paragraph (c)(2), remove paragraphs includes at least three takeoffs and three while acting as pilot in command of an (c)(3) through (5), and redesignate landings at the airport located more operation in accordance with § 135.99(c) paragraph (c)(6) as paragraph (c)(3); than 25 nautical miles from the airport of this chapter if the flight is conducted ■ d. Effective July 27, 2018, redesignate where the applicant normally trains; in accordance with an approved second- paragraphs (d)(1) and (2) as paragraphs and in-command professional development (d)(2) and (3), redesignate the (ii) Three hours of flight training with program that meets the requirements of introductory text of paragraph (d) as an authorized instructor in the aircraft § 135.99(c) of this chapter. paragraph (d)(1), and revise newly for the rating sought in preparation for (f) * * * redesignated paragraph (d)(1). the practical test within the preceding 2 (1) Is qualified in accordance with the The revisions read as follows: calendar months from the month of the second-in-command requirements of test. § 61.55, and occupies a crewmember § 61.57 Recent flight experience: Pilot in (2) Three hours of solo flying in the station in an aircraft that requires more command. aircraft for the rating sought, on the than one pilot by the aircraft’s type * * * * * areas of operation listed in § 61.98 that certificate; (c) * * * apply to the aircraft category and class (2) Holds the appropriate category, (2) Use of a full flight simulator, flight rating sought. class, and instrument rating (if an training device, or aviation training (b) The holder of a sport pilot instrument rating is required for the device for maintaining instrument certificate may credit flight training flight) for the aircraft being flown, and experience. A pilot may accomplish the received from a flight instructor with a more than one pilot is required under requirements in paragraph (c)(1) of this sport pilot rating toward the the type certification of the aircraft or section in a full flight simulator, flight aeronautical experience requirements of the regulations under which the flight is training device, or aviation training this section if the following conditions being conducted; or device provided the device represents are met: (3) Serves as second in command in the category of aircraft for the (1) The flight training was operations conducted in accordance instrument rating privileges to be accomplished in the same category and

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class of aircraft for which the rating is that meets the requirements of category and class rating must have at sought; paragraph (j) of this section, or any least 1,500 hours of total time as a pilot (2) The flight instructor with a sport combination thereof. The airplane must that includes at least: pilot rating was authorized to provide be appropriate to land or sea for the * * * * * the flight training; and rating sought; (5) 250 hours of flight time in an (3) The flight training included * * * * * airplane as a pilot in command, or when training on areas of operation that are (b) * * * serving as a required second in required for both a sport pilot certificate (3) * * * command flightcrew member and a recreational pilot certificate. (ii) 10 hours of training in a performing the duties of pilot in ■ 18. In § 61.109, amend paragraph (k) multiengine complex or turbine- command while under the supervision by removing the words ‘‘flight powered airplane; or for an applicant of a pilot in command, or any simulator’’ and adding in their place the seeking a multiengine seaplane rating, combination thereof, which includes at words ‘‘full flight simulator’’ and add 10 hours of training in a multiengine least— paragraph (l) to read as follows: seaplane that has flaps and a * * * * * controllable pitch propeller, including (c) A commercial pilot may log § 61.109 Aeronautical experience. seaplanes equipped with an engine second-in-command pilot time toward * * * * * control system consisting of a digital the aeronautical experience (l) Permitted credit for flight training computer and associated accessories for requirements of paragraph (a) of this received from a flight instructor with a controlling the engine and propeller, section and the aeronautical experience sport pilot rating. The holder of a sport such as a full authority digital engine requirements in § 61.160, provided the pilot certificate may credit flight control; pilot is employed by a part 119 training received from a flight instructor * * * * * certificate holder authorized to conduct with a sport pilot rating toward the operations under part 135 of this aeronautical experience requirements of (j) Technically advanced airplane. Unless otherwise authorized by the chapter and the second-in-command this section if the following conditions pilot time is obtained in operations are met: Administrator, a technically advanced airplane must be equipped with an conducted for the certificate holder (1) The flight training was under part 91 or 135 of this chapter accomplished in the same category and electronically advanced avionics system that includes the following installed when a second pilot is not required class of aircraft for which the rating is under the type certification of the sought; components: (1) An electronic Primary Flight aircraft or the regulations under which (2) The flight instructor with a sport the flight is being conducted, and the pilot rating was authorized to provide Display (PFD) that includes, at a minimum, an airspeed indicator, turn following requirements are met— the flight training; and (1) The experience must be coordinator, attitude indicator, heading (3) The flight training included accomplished as part of a second-in- indicator, altimeter, and vertical speed either— command professional development indicator; (i) Training on areas of operation that program approved by the Administrator (2) An electronic Multifunction are required for both a sport pilot under § 135.99 of this chapter; certificate and a private pilot certificate; Display (MFD) that includes, at a (2) The flight operation must be or minimum, a moving map using Global conducted in accordance with the Positioning System (GPS) navigation (ii) For airplanes with a VH greater certificate holder’s operations than 87 knots CAS, training on the with the aircraft position displayed; specification for the second-in- control and maneuvering of an airplane (3) A two axis autopilot integrated command professional development solely by reference to the flight with the navigation and heading program; instruments, including straight and guidance system; and (3) The pilot in command of the level flight, turns, descents, climbs, use (4) The display elements described in operation must certify in the pilot’s of radio aids, and ATC directives, paragraphs (j)(1) and (2) of this section logbook that the second-in-command provided the training was received from must be continuously visible. pilot time was accomplished under this a flight instructor with a sport pilot ■ 20. In § 61.159: section; and rating who holds an endorsement ■ a. Effective July 27, 2018, amend (4) The pilot time may not be logged required by § 61.412(c). paragraph (a)(4) by removing the words as pilot-in-command time even when ■ 19. In § 61.129: ‘‘flight simulator’’ and adding in their the pilot is the sole manipulator of the ■ a. Effective August 27, 2018, revise place the words ‘‘full flight simulator’’; controls and may not be used to meet paragraphs (a)(3)(ii) and (b)(3)(ii); and the aeronautical experience ■ b. Effective July 27, 2018, in ■ b. Effective November 26, 2018, revise requirements in paragraph (a)(5) of this paragraphs (c)(3)(i), (d) introductory the introductory text of paragraphs (a) section. text, (d)(3)(i), and (i), remove the words and (a)(5), revise paragraph (c), (d) A commercial pilot may log the ‘‘flight simulator’’ and add in their place redesignate paragraphs (d) and (e) as following flight engineer flight time the words ‘‘full flight simulator’’; and paragraphs (e) and (f), add new toward the 1,500 hours of total time as ■ c. Effective August 27, 2018, add paragraph (d), and revise newly a pilot required by paragraph (a) of this paragraph (j). redesignated paragraphs (e) and (f). section and the total time as a pilot The revisions and addition read as The revisions and addition read as required by § 61.160: follows: follows: (1) Flight-engineer time, provided the time— § 61.129 Aeronautical experience. § 61.159 Aeronautical experience: Airplane (i) Is acquired in an airplane required (a) * * * category rating. to have a flight engineer by the (3) * * * (a) Except as provided in paragraphs airplane’s flight manual or type (ii) 10 hours of training in a complex (b), (c), and (d) of this section, a person certificate; airplane, a turbine-powered airplane, or who is applying for an airline transport (ii) Is acquired while engaged in a technically advanced airplane (TAA) pilot certificate with an airplane operations under part 121 of this

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chapter for which a flight engineer is aeronautical experience requirements of (e) Training in an aircraft that required; ICAO,’’ as prescribed under Article 39 requires a type rating. A flight instructor (iii) Is acquired while the person is of the Convention on International Civil may not give flight instruction, participating in a pilot training program Aviation. including instrument training, in an approved under part 121 of this chapter; (e) An applicant is entitled to an aircraft that requires the pilot in and airline transport pilot certificate without command to hold a type rating unless (iv) Does not exceed more than 1 hour the ICAO limitation specified under the flight instructor holds a type rating for each 3 hours of flight engineer flight paragraph (d) of this section when the for that aircraft on his or her pilot time for a total credited time of no more applicant presents satisfactory evidence certificate. than 500 hours. of having met the ICAO requirements * * * * * (2) Flight-engineer time, provided the under paragraph (d) of this section and (l) Training on control and flight time— otherwise meets the aeronautical maneuvering an aircraft solely by (i) Is acquired as a U.S. Armed Forces’ experience requirements of this section. reference to the instruments. A flight flight engineer crewmember in an ■ 22. In § 61.195, revise paragraphs (b), instructor may conduct flight training airplane that requires a flight engineer (c), and (e) and add paragraph (l) to read on control and maneuvering an airplane crewmember by the flight manual; as follows: solely by reference to the flight (ii) Is acquired while the person is instruments, provided the flight participating in a flight engineer § 61.195 Flight instructor limitations and instructor— crewmember training program for the qualifications. (1) Holds a flight instructor certificate U.S. Armed Forces; and * * * * * with the applicable category and class (iii) Does not exceed 1 hour for each (b) Aircraft ratings. Except as rating; or 3 hours of flight engineer flight time for provided in paragraph (c) of this (2) Holds an instrument rating a total credited time of no more than section, a flight instructor may not appropriate to the aircraft used for the 500 hours. conduct flight training in any aircraft training on his or her flight instructor (e) An applicant who credits time unless the flight instructor: certificate, and holds a commercial pilot under paragraphs (b), (c), and (d) of this (1) Holds a flight instructor certificate certificate or airline transport pilot section is issued an airline transport with the applicable category and class certificate with the appropriate category pilot certificate with the limitation, rating; and class ratings for the aircraft in ‘‘Holder does not meet the pilot in (2) Holds a pilot certificate with the which the training is conducted command aeronautical experience applicable category and class rating; and provided the pilot receiving the training (3) Meets the requirements of requirements of ICAO,’’ as prescribed holds a pilot certificate with category paragraph (e) of this section, if under Article 39 of the Convention on and class ratings appropriate to the applicable. International Civil Aviation. aircraft in which the training is being (f) An applicant is entitled to an (c) Instrument rating. A flight instructor may conduct instrument conducted. airline transport pilot certificate without ■ 23. Effective August 27, 2018, in the ICAO limitation specified under training for the issuance of an instrument rating, a type rating not § 61.197, revise paragraphs (a)(2)(iv) and paragraph (e) of this section when the (c) to read as follows: applicant presents satisfactory evidence limited to VFR, or the instrument of having met the ICAO requirements training required for commercial pilot § 61.197 Renewal requirements for flight under paragraph (e) of this section and and airline transport pilot certificates if instructor certification. otherwise meets the aeronautical the following requirements are met: (a) * * * experience requirements of this section. (1) Except as provided in paragraph (2) * * * (c)(2) of this section, the flight instructor ■ 21. In § 61.161: (iv) A record showing that, within the must hold an instrument rating ■ a. Effective July 27, 2018, amend preceding 24 months from the month of appropriate to the aircraft used for the paragraph (b) by removing the words application, the flight instructor passed instrument training on his or her flight ‘‘flight simulator’’ and adding in their an official U.S. Armed Forces military instructor certificate, and— instructor pilot or pilot examiner place the words ‘‘full flight simulator’’; (i) Meet the requirements of paragraph and proficiency check in an aircraft for ■ (b) of this section; or which the military instructor already b. Effective November 26, 2018, add (ii) Hold a commercial pilot certificate paragraphs (c), (d), and (e). holds a rating or in an aircraft for an or airline transport pilot certificate with additional rating. The additions read as follows: the appropriate category and class * * * * * ratings for the aircraft in which the § 61.161 Aeronautical experience: (c) The practical test required by instrument training is conducted Rotorcraft category and helicopter class paragraph (a)(1) of this section may be rating. provided the pilot receiving instrument accomplished in a full flight simulator training holds a pilot certificate with * * * * * or flight training device if the test is category and class ratings appropriate to (c) Flight time logged under accomplished pursuant to an approved the aircraft in which the instrument § 61.159(c) may be counted toward the course conducted by a training center training is being conducted. 1,200 hours of total time as a pilot certificated under part 142 of this (2) If the flight instructor is required by paragraph (a) of this section chapter. conducting the instrument training in a and the flight time requirements of ■ 24. Effective August 27, 2018, in paragraphs (a)(1), (2), and (4) of this multiengine airplane, the flight instructor must hold an instrument § 61.199, add paragraphs (a)(3), (c) and section, except for the specific (d) to read as follows: helicopter flight time requirements. rating appropriate to the aircraft used (d) An applicant who credits time for the instrument training on his or her § 61.199 Reinstatement requirements of an under paragraph (c) of this section is flight instructor certificate and meet the expired flight instructor certificate. issued an airline transport pilot requirements of paragraph (b) of this (a) * * * certificate with the limitation, ‘‘Holder section. (3) For military instructor pilots, does not meet the pilot in command * * * * * provide a record showing that, within

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the preceding 6 calendar months from proficient in providing training on (c) When the aircraft is operated the date of application for control and maneuvering solely by within a foreign country, a current flight reinstatement, the person— reference to the flight instruments in an engineer certificate issued by the (i) Passed a U.S. Armed Forces airplane with a VH greater than 87 knots country in which the aircraft is instructor pilot or pilot examiner CAS. This flight training must include operated, with evidence of current proficiency check; or straight and level flight, turns, descents, medical qualification for that certificate, (ii) Completed a U.S. Armed Forces’ climbs, use of radio navigation aids, and may be used. Also, in the case of a flight instructor pilot or pilot examiner ATC directives. engineer certificate issued under training course and received an ■ 26. Effective August 27, 2018, in § 63.42, evidence of current medical additional aircraft rating qualification as § 61.415, redesignate paragraphs (h) and qualification accepted for the issue of a military instructor pilot or pilot (i) as paragraphs (i) and (j) and add that certificate is used in place of a examiner that is appropriate to the flight paragraph (h) to read as follows: medical certificate. instructor rating sought. (d) No person may act as a flight * * * * * § 61.415 What are the limits of a flight navigator of a civil aircraft of U.S. (c) Certain military instructors and instructor certificate with a sport pilot registry unless that person has in his or rating? examiners. The holder of an expired her physical possession a current flight flight instructor certificate issued prior * * * * * navigator certificate issued to him or her to October 20, 2009, may apply for (h) You may not provide training on under this part and a second-class (or reinstatement of that certificate by the control and maneuvering of an higher) medical certificate issued to him presenting the following: aircraft solely by reference to the or her under part 67 of this chapter (1) A record showing that, since the instruments in a light sport airplane within the preceding 12 months. date the flight instructor certificate was with a Vh greater than 87 knots CAS However, when the aircraft is operated issued, the person passed a U.S. Armed unless you meet the requirements in within a foreign country, a current flight Forces instructor pilot or pilot examiner § 61.412. navigator certificate issued by the proficiency check for an additional * * * * * country in which the aircraft is military rating; and operated, with evidence of current (2) A knowledge test report that PART 63—CERTIFICATION: FLIGHT medical qualification for that certificate, shows the person passed a knowledge CREWMEMBERS OTHER THAN may be used. test on the aeronautical knowledge areas PILOTS (e) Each person who holds a flight listed under § 61.185(a) appropriate to engineer or flight navigator certificate, ■ 27. The authority citation for part 63 the flight instructor rating sought and medical certificate, or temporary is revised to read as follows: the knowledge test was passed within document in accordance with paragraph the preceding 24 calendar months prior Authority: 49 U.S.C. 106(f), 106(g), 40113, (a)(3) of this section shall present it for to the month of application. 44701–44703, 44707, 44709–44711, 45102– inspection upon the request of the (d) Expiration date. The requirements 45103, 45301–45302. Administrator or an authorized of paragraph (c) of this section will ■ 28. Effective December 24, 2018, representative of the National expire on August 26, 2019. revise § 63.3 to read as follows: Transportation Safety Board, or of any ■ Federal, State, or local law enforcement 25. Effective August 27, 2018, add § 63.3 Certificates and ratings required. § 61.412 to read as follows: officer. (a) Except as provided in paragraph ■ 29. Effective December 24, 2018, § 61.412 Do I need additional training to (c) of this section, no person may act as revise § 63.16 to read as follows: provide instruction on control and a flight engineer of a civil aircraft of U.S. maneuvering an airplane solely by registry unless that person has in his or § 63.16 Change of name; replacement of reference to the instruments in a light-sport her physical possession or readily lost or destroyed certificate. aircraft based on VH? accessible in the aircraft: (a) An application for a change of To provide flight training under (1) A current flight engineer certificate name on a certificate issued under this § 61.93(e)(12) on control and with appropriate ratings issued to that part must be accompanied by the maneuvering an airplane solely by person under this part; applicant’s current certificate and the reference to the flight instruments for (2) A document conveying temporary marriage license, court order, or other the purpose of issuing a solo cross- authority to exercise certificate document verifying the change. The country endorsement under § 61.93(c)(1) privileges issued by the Airman documents are returned to the applicant to a student pilot seeking a sport pilot Certification Branch under § 63.16(f); or after inspection. certificate, a flight instructor with a (3) When engaged in a flight operation (b) A request for a replacement of a sport pilot rating must: within the United States for a part 119 lost or destroyed airman certificate (a) Hold an endorsement required by certificate holder authorized to conduct issued under this part must be made: § 61.327(b); operations under part 121 of this (1) By letter to the Department of (b) Receive and log a minimum of 1 chapter, a temporary document Transportation, Federal Aviation hour of ground training and 3 hours of provided by that certificate holder Administration, Airman Certification flight training from an authorized under an approved certificate Branch, Post Office Box 25082, instructor in an airplane with a VH verification plan. Oklahoma City, OK 73125 and must be greater than 87 knots CAS or in a full (b) A person may act as a flight accompanied by a check or money order flight simulator, flight training device, engineer of an aircraft only if that for the appropriate fee payable to the or aviation training device that person holds a current second-class (or FAA; or replicates an airplane with a VH greater higher) medical certificate issued to that (2) In any other form and manner than 87 knots CAS; and person under part 67 of this chapter, or approved by the Administrator (c) Receive a one-time endorsement in other documentation acceptable to the including a request to Airman Services his or her logbook from an instructor FAA, that is in that person’s physical at http://www.faa.gov, and must be authorized under subpart H of this part possession or readily accessible in the accompanied by acceptable form of who certifies that the person is aircraft. payment for the appropriate fee.

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(c) A request for the replacement of a been notified that the certificate has (1) The other control seat is occupied lost or destroyed medical certificate been suspended or revoked. by a safety pilot who possesses at least: must be made: (2) Request for such a document must (i) A private pilot certificate with (1) By letter to the Department of include the date on which a duplicate category and class ratings appropriate to Transportation, FAA, Aerospace certificate or knowledge test report was the aircraft being flown; or Medical Certification Division, P.O. Box previously requested. (ii) For purposes of providing training 26200, Oklahoma City, OK 73125, and for a solo cross-country endorsement must be accompanied by a check or PART 65—CERTIFICATION: AIRMEN under § 61.93 of this chapter, a flight money order for the appropriate fee OTHER THAN FLIGHT instructor certificate with an payable to the FAA; or CREWMEMBERS appropriate sport pilot rating and meets (2) In any other manner and form the requirements of § 61.412 of this ■ 30. The authority citation for part 65 approved by the Administrator and chapter. must be accompanied by acceptable is revised to read as follows: * * * * * form of payment for the appropriate fee. Authority: 49 U.S.C. 106(f), 106(g), 40113, (d) A request for the replacement of a 44701–44703, 44707, 44709–44711, 45102– ■ 35. Effective December 24, 2018, in lost or destroyed knowledge test report 45103, 45301–45302. § 91.313, revise paragraphs (b), (c), and (d)(3) and (4) and add paragraphs (d)(5) must be made: ■ 31. Revise § 65.59 to read as follows: (1) By letter to the Department of and (h) to read as follows: Transportation, FAA, Airmen § 65.59 Skill requirements. § 91.313 Restricted category civil aircraft: Certification Branch, P.O. Box 25082, An applicant for an aircraft dispatcher Operating limitations. Oklahoma City, OK 73125, and must be certificate must pass a practical test accompanied by a check or money order * * * * * given by the Administrator, with respect (b) For the purpose of paragraph (a) of for the appropriate fee payable to the to any one type of large aircraft used in FAA; or this section, the following operations air carrier operations. To pass the are considered necessary to accomplish (2) In any other manner and form practical test for an aircraft dispatcher approved by the Administrator and the work activity directly associated certificate, the applicant must with a special purpose operation: must be accompanied by acceptable demonstrate skill in applying the areas (1) Flights conducted for flight form of payment for the appropriate fee. of knowledge and topics specified in crewmember training in a special (e) The letter requesting replacement appendix A of this part to preflight and purpose operation for which the aircraft of a lost or destroyed airman certificate, all phases of flight, including abnormal is certificated. medical certificate, or knowledge test and emergency procedures. report must state: (2) Flights conducted to satisfy ■ (1) The name of the person; 32. Revise the introductory text of proficiency check and recent flight (2) The permanent mailing address appendix A to read as follows: experience requirements under part 61 (including ZIP code), or if the Appendix A to Part 65—Aircraft of this chapter provided the flight permanent mailing address includes a Dispatcher Courses crewmember holds the appropriate post office box number, then the category, class, and type ratings and is Overview person’s current residential address; employed by the operator to perform the (3) The certificate holder’s date and This appendix sets forth the areas of appropriate special purpose operation. knowledge necessary to perform dispatcher place of birth; and (3) Flights conducted to relocate the (4) Any information regarding the— functions. The items listed below indicate the minimum set of topics that must be aircraft for delivery, repositioning, or (i) Grade, number, and date of maintenance. issuance of the airman certificate and covered in a training course for aircraft dispatcher certification. The order of (c) No person may operate a restricted ratings, if appropriate; coverage is at the discretion of the approved category civil aircraft carrying persons (ii) Class of medical certificate, the school. or property for compensation or hire. place and date of the medical exam, For the purposes of this paragraph (c), name of the Airman Medical Examiner * * * * * a special purpose operation involving (AME), and the circumstances PART 91—GENERAL OPERATING AND the carriage of persons or material concerning the loss of the original FLIGHT RULES necessary to accomplish that operation, medical certificate, as appropriate; and such as crop dusting, seeding, spraying, (iii) Date the knowledge test was ■ 33. The authority citation for part 91 and banner towing (including the taken, if appropriate. continues to read as follows: (f) A person who has lost an airman carrying of required persons or material certificate, medical certificate, or Authority: 49 U.S.C. 106(f), 106(g), 1155, to the location of that operation), an 40101, 40103, 40105, 40113, 40120, 44101, knowledge test report may obtain in a operation for the purpose of providing 44111, 44701, 44704, 44709, 44711, 44712, flight crewmember training in a special form or manner approved by the 44715, 44716, 44717, 44722, 46306, 46315, Administrator, a document conveying purpose operation, and an operation 46316, 46504, 46506–46507, 47122, 47508, conducted under the authority provided temporary authority to exercise 47528–47531, 47534, Pub. L. 114–190, 130 certificate privileges from the FAA Stat. 615 (49 U.S.C. 44703 note); articles 12 in paragraph (h) of this section are not Aeromedical Certification Branch or the and 29 of the Convention on International considered to be the carriage of persons Airman Certification Branch, as Civil Aviation (61 Stat. 1180), (126 Stat. 11). or property for compensation or hire. (d) * * * appropriate, and the— ■ 34. Effective August 27, 2018, in (1) Document may be carried as an § 91.109, revise paragraph (c)(1) to read (3) Performs an essential function in airman certificate, medical certificate, or as follows: connection with a special purpose knowledge test report, as appropriate, operation for which the aircraft is for a period not to exceed 60 days § 91.109 Flight instruction; Simulated certificated; pending the person’s receiving a instrument flight and certain flight tests. (4) Is necessary to accomplish the duplicate under paragraph (b), (c), or (d) * * * * * work activity directly associated with of this section, unless the person has (c) * * * that special purpose; or

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(5) Is necessary to accomplish an station, but single pilot operations were (c) A certificate holder may obtain operation under paragraph (h) of this permitted by the airplane flight manual approval to provide a temporary section. or were otherwise permitted by a branch document verifying a flightcrew * * * * * of the United States Armed Forces or member’s airman certificate and (h)(1) An operator may apply for the armed forces of a foreign contracting medical certificate privileges under an deviation authority from the provisions State to the Convention on International approved certificate verification plan set of paragraph (a) of this section to Civil Aviation. forth in the certificate holder’s conduct operations for the following (c) No person may designate a pilot to operations specifications. A document purposes: serve as second in command, nor may provided by the certificate holder may (i) Flight training and the practical any pilot serve as second in command, be carried as an airman certificate or test for issuance of a type rating of an airplane required under this medical certificate on flights within the provided— section to have two pilots unless that United States for up to 72 hours. (A) The pilot being trained and tested pilot meets the qualifications for second * * * * * holds at least a commercial pilot in command prescribed in § 61.55 of certificate with the appropriate category this chapter. PART 135—OPERATING and class ratings for the aircraft type; ■ 37. Effective December 24, 2018, in REQUIREMENTS: COMMUTER AND (B) The pilot receiving flight training § 91.1015, add paragraph (h) to read as ON DEMAND OPERATIONS AND is employed by the operator to perform follows: RULES GOVERNING PERSONS ON a special purpose operation; and BOARD SUCH AIRCRAFT (C) The flight training is conducted by § 91.1015 Management specifications. the operator who employs the pilot to * * * * * ■ 40. The authority citation for part 135 perform a special purpose operation. (h) A program manager may obtain is revised to read as follows: (ii) Flights to designate an examiner approval to provide a temporary Authority: 49 U.S.C. 106(f), 106(g), 40113, or qualify an FAA inspector in the document verifying a flightcrew 41706, 44701–44702, 44705, 44709, 44711– aircraft type and flights necessary to member’s airman certificate and 44713, 44715–44717, 44722, 44730, 45101– provide continuing oversight and medical certificate privileges under an 45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. evaluation of an examiner. approved certificate verification plan set 44730). (2) The FAA will issue this deviation forth in the program manager’s ■ 41. Effective December 24, 2018, authority as a letter of deviation management specifications. A document revise § 135.95 to read as follows: authority. (3) The FAA may cancel or amend a provided by the program manager may be carried as an airman certificate or § 135.95 Airmen: Limitations on use of letter of deviation authority at any time. services. (4) An applicant must submit a medical certificate on flights within the United States for up to 72 hours. (a) No certificate holder may use the request for deviation authority in a form services of any person as an airman and manner acceptable to the PART 121—OPERATING unless the person performing those Administrator at least 60 days before the REQUIREMENTS: DOMESTIC, FLAG, services— date of intended operations. A request AND SUPPLEMENTAL OPERATIONS (1) Holds an appropriate and current for deviation authority must contain a airman certificate; and complete description of the proposed ■ 38. The authority citation for part 121 (2) Is qualified, under this chapter, for operation and justification that continues to read as follows: the operation for which the person is to establishes a level of safety equivalent to Authority: 49 U.S.C. 106(f), 106(g), 40103, be used. that provided under the regulations for (b) A certificate holder may obtain the deviation requested. 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112–95, sec. 412, 126 Stat. approval to provide a temporary ■ 36. Revise § 91.531 to read as follows: 89, 44101, 44701–44702, 44705, 44709– document verifying a flightcrew 44711, 44713, 44716–44717, 44722, 44729, member’s airman certificate and § 91.531 Second in command 44732; 46105; Pub. L. 111–216, 124 Stat. requirements. medical certificate privileges under an 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, approved certificate verification plan set (a) Except as provided in paragraph 126 Stat. 62 (49 U.S.C. 44732 note). forth in the certificate holder’s (b) of this section, no person may ■ operations specifications. A document operate the following airplanes without 39. Effective December 24, 2018, in provided by the certificate holder may a pilot designated as second in § 121.383, revise paragraphs (a)(2) and be carried as an airman certificate or command: (b) and add paragraph (c) to read as (1) Any airplane that is type follows: medical certificate on flights within the certificated for more than one required United States for up to 72 hours. § 121.383 Airman: Limitations on use of ■ 42. Effective November 26, 2018, in pilot. services. § 135.99, add paragraphs (c) and (d) to (2) Any large airplane. (a) * * * (3) Any commuter category airplane. read as follows: (b) A person may operate the (2) Has in his or her possession while § 135.99 Composition of flight crew. following airplanes without a pilot engaged in operations under this part— (i) Any required appropriate current designated as second in command: * * * * * (1) Any airplane certificated for airman and medical certificates; or (c) Except as provided in paragraph operation with one pilot. (ii) A temporary document issued in (d) of this section, a certificate holder (2) A large airplane or turbojet- accordance with paragraph (c) of this authorized to conduct operations under powered multiengine airplane that section; and instrument flight rules may receive holds a special airworthiness certificate, * * * * * authorization from the Administrator if: (b) Each airman covered by paragraph through its operations specifications to (i) The airplane was originally (a)(2) of this section shall present his or establish a second-in-command designed with only one pilot station; or her certificates or temporary document professional development program. As (ii) The airplane was originally for inspection upon request of the part of that program, a pilot employed designed with more than one pilot Administrator. by the certificate holder may log time as

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second in command in operations (i) Has been fully qualified to serve as (ii) The person performs the tasks and conducted under this part and part 91 a pilot in command for the certificate iterations in simulated instrument of this chapter that do not require a holder for at least the previous 6 conditions; and second pilot by type certification of the calendar months; and (iii) A flight instructor qualified under aircraft or the regulation under which (ii) Has completed mentoring training, § 135.338 or a check pilot qualified the flight is being conducted, provided including techniques for reinforcing the under § 135.337 observes the tasks and the flight operation is conducted in highest standards of technical iterations and signs the person’s logbook accordance with the certificate holder’s performance, airmanship and or training record to verify the time and operations specifications for second-in- professionalism within the preceding 36 content of the session. command professional development calendar months. (d) A second in command who has program; and— (d) The following certificate holders failed to meet the instrument experience (1) The certificate holder: are not eligible to receive authorization requirements of paragraph (c) of this (i) Maintains records for each for a second-in-command professional section for more than six calendar assigned second in command consistent development program under paragraph months must reestablish instrument with the requirements in § 135.63; (c) of this section: recency under the supervision of a flight (ii) Provides a copy of the records (1) A certificate holder that uses only instructor qualified under § 135.338 or a required by § 135.63(a)(4)(vi) and (x) to one pilot in its operations; and check pilot qualified under § 135.337. the assigned second in command upon To reestablish instrument recency, a (2) A certificate holder that has been request and within a reasonable time; second in command must complete at approved to deviate from the and least the following areas of operation requirements in § 135.21(a), (iii) Establishes and maintains a data required for the instrument rating § 135.341(a), or § 119.69(a) of this collection and analysis process that will practical test in an aircraft or FSTD that chapter. enable the certificate holder and the represents the category of aircraft for the FAA to determine whether the second- ■ 43. In § 135.245, revise paragraph (a) instrument experience requirements to in-command professional development and add paragraphs (c) and (d) to read be reestablished: program is accomplishing its objectives. as follows. (1) Air traffic control clearances and (2) The aircraft is a multiengine § 135.245 Second in command procedures; airplane or a single-engine turbine- qualifications. (2) Flight by reference to instruments; powered airplane. The aircraft must (3) Navigation systems; have an independent set of controls for (a) Except as provided in paragraph (4) Instrument approach procedures; a second pilot flightcrew member, (b) of this section, no certificate holder (5) Emergency operations; and which may not include a throwover may use any person, nor may any (6) Postflight procedures. control wheel. The aircraft must also person serve, as second in command of PART 141—PILOT SCHOOLS have the following equipment and an aircraft unless that person holds at least a commercial pilot certificate with independent instrumentation for a ■ appropriate category and class ratings 44. The authority citation for part 141 second pilot: continues to read as follows: (i) An airspeed indicator; and an instrument rating. (ii) Sensitive altimeter adjustable for * * * * * Authority: 49 U.S.C. 106(f), 106(g), 40113, barometric pressure; (c) No certificate holder may use any 44701–44703, 44707, 44709, 44711, 45102– 45103, 45301–45302. (iii) Gyroscopic bank and pitch person, nor may any person serve, as indicator; second in command under IFR unless ■ 45. Effective November 26, 2018, in (iv) Gyroscopic rate-of-turn indicator that person meets the following § 141.5, revise paragraph (d) to read as combined with an integral slip-skid instrument experience requirements: follows: indicator; (1) Use of an airplane or helicopter for § 141.5 Requirements for a pilot school (v) Gyroscopic direction indicator; maintaining instrument experience. certificate. (vi) For IFR operations, a vertical Within the 6 calendar months preceding speed indicator; * * * * * the month of the flight, that person (d) Has established a pass rate of 80 (vii) For IFR operations, course performed and logged at least the guidance for en route navigation and percent or higher on the first attempt for following tasks and iterations in-flight all: instrument approaches; and in an airplane or helicopter, as (viii) A microphone, transmit switch, (1) Knowledge tests leading to a appropriate, in actual weather certificate or rating; and headphone or speaker. conditions, or under simulated (3) The pilot assigned to serve as (2) Practical tests leading to a instrument conditions using a view- certificate or rating; second in command satisfies the limiting device: following requirements: (3) End-of-course tests for an (i) Six instrument approaches; (i) The second in command approved training course specified in qualifications in § 135.245; (ii) Holding procedures and tasks; and appendix K of this part; and (ii) The flight time and duty period (iii) Intercepting and tracking courses (4) End-of-course tests for special limitations and rest requirements in through the use of navigational curricula courses approved under subpart F of this part; electronic systems. § 141.57. (iii) The crewmember testing (2) Use of an FSTD for maintaining * * * * * requirements for second in command in instrument experience. A person may ■ 46. Effective August 27, 2018, in subpart G of this part; and accomplish the requirements in appendix D to part 141, section 4: (iv) The crewmember training paragraph (c)(1) of this section in an ■ a. Revise paragraphs (b)(1)(ii) and requirements for second in command in approved FSTD, or a combination of (b)(2)(ii); and subpart H of this part. aircraft and FSTD, provided: ■ b. Amend paragraphs (b)(3)(i) and (4) The pilot assigned to serve as pilot (i) The FSTD represents the category (b)(4)(i) by removing the words ‘‘flight in command satisfies the following of aircraft for the instrument rating simulator’’ and adding in their place the requirements: privileges to be maintained; words ‘‘full flight simulator’’.

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The revisions read as follows: be appropriate to land or sea for the rating Appendix I to Part 141—[Amended] sought; Appendix D to Part 141—Commercial ■ 47. In appendix I to part 141, section Pilot Certification Course * * * * * 4, redesignate the second paragraph (2) * * * (k)(2)(iv) as paragraph (k)(2)(v). * * * * * (ii) 10 hours of training in a multiengine 4. * * * complex or turbine-powered airplane, or any Issued in Washington, DC, under the (b) * * * combination thereof; authority of 49 U.S.C. 106(f), 44701(a)(5), and (1) * * * 44703(a), on June 6, 2018. * * * * * (ii) Ten hours of training in a complex Daniel K. Elwell, airplane, a turbine-powered airplane, or a technically advanced airplane that meets the Acting Administrator. requirements of § 61.129(j) of this chapter, or [FR Doc. 2018–12800 Filed 6–26–18; 8:45 am] any combination thereof. The airplane must BILLING CODE 4910–13–P

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