[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 20-22]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31094]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 141
[Docket No.: FAA-2013-0809]
Notice of Policy Change for the Use of FAA Approved Training
Devices
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Policy statement.
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SUMMARY: The notification provides information and guidance concerning
the use of FAA approved ground trainers, Personal Computer Aviation
Training Device's (PCATD), Flight Training Devices (FTD) level 1-3, and
Aviation Training Devices (ATD).
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DATES: Effective Date: The policy described herein is effective
February 3, 2014.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this policy notice, contact AFS-810, Airmen Certification and Training
Branch, 800 Independence Ave. SW., Washington, DC 20591 202-385-9600
SUPPLEMENTARY INFORMATION:
Background
Since the 1970s, the FAA has gradually expanded the use of flight
simulation for training--first permitting simulation to be used in air
carrier training programs and eventually permitting pilots to credit
time in devices toward the aeronautical experience requirements for
certification and recency. Currently, Title 14 of the Code of Federal
Regulations (14 CFR) part 60 governs the qualification of full flight
simulators and flight training devices (levels 4 through 7). The FAA
has, however, approved other devices for use in certification training
under the authority provided in 14 CFR 61.4(c).
For over 30 years, the FAA has issued Letters of Authorization
(LOAs) to manufacturers of ground trainers, personal computer-based
aviation training devices (PCATD), FTDs (levels 1 through 3), basic
aviation training devices (BATD), and advanced aviation training
devices (AATD). These LOAs were based on guidance provided in advisory
circulars that set forth the qualifications and capabilities for the
devices. Prior to 2008, most LOAs were issued under the guidance
provided in advisory circular AC 61-126, Qualification and Approval of
Personal Computer-Based Aviation Training Devices, and AC 120-45,
Airplane Flight Training Device Qualification. Since July 2008, the FAA
has been approving devices in accordance with Advisory Circular 61-136,
FAA Approval of Basic Aviation Training Devices (BATD) and Advanced
Aviation Training Devices (AATD).
Generally, the LOAs that have been issued list the approved uses
for the devices with specific regulatory references. Several of these
regulations have changed over the years, and some approved uses are no
longer permissible.\1\ In addition, the majority of these LOAs were
issued to manufacturers without a specific expiration date. The LOAs
simply placed obligations on the manufacturer and the eventual operator
of the device to ensure that the device was properly maintained and
that annual reports were submitted to the FAA regarding the status and
continued use of the device. It is unclear the extent that these
reporting requirements have been satisfied. Moreover, devices approved
prior to July 2008 have not been assessed under the most current
guidance provided in AC 61-136.
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\1\ Some of these devices at one time were approved for
practical tests for pilot certification and ratings. However,
because these trainers are not tested to the levels of fidelity
required for FFSs and FTDs, they are no longer listed in the PTS for
use during testing. Specifically, level 1-3 flight training devices
have been removed from the task table in each PTS.
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In 2009, the FAA issued a final rule that placed express limits on
the amount of instrument training in an ATD that could be credited
toward the aeronautical experience requirements for an instrument
rating. 74 FR 42500 (Aug. 21, 2009). Under Sec. 61.65(i), no more than
10 hours of instrument time received in an ATD may be credited toward
instrument time requirements of that section. Likewise, appendix C to
part 141 states that credit for instrument training in an ATD cannot
exceed 10% of the total flight training hour requirements of an
approved course.
The FAA has determined that it may not use LOAs as a means to
exceed express limits that have been placed in the regulations through
notice and comment rulemaking. As such, any LOAs for new devices that
the FAA has issued since August 2013 reflect current regulatory
requirements. Because, however, manufacturers and operators who hold
LOAs issued prior to August 2013, have acted in reliance on FAA
statements that were inconsistent with the regulations, the FAA is
granting a limited exemption from the requirement in the regulations to
provide manufacturers, operators, and pilots currently training for an
instrument rating time to adjust to the reduction in hours. This short-
term exemption will provide an interim period to transition the LOAs
for currently approved devices in accordance with this policy.\2\ This
exemption is in the public interest because it will prevent undue harm
caused by reasonable reliance on FAA statements.
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\2\ The FAA is granting an exemption from Sec. 61.65(i) for
pilots applying for an instrument rating who have received training
from a training provider who operates an ATD under the reduced
training hours. The FAA is also granting an exemption to training
providers from appendix C to part 141 to permit them to continue to
train during the transition period under training programs with more
than 10% of the training time in ATDs.
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In addition, the FAA notes that, notwithstanding any statements in
existing LOAs, only FFS and FTDs levels 4-7 approved under part 60 may
be used during a practical test as noted in the appropriate Practical
Test Standards (PTS) for the certificate or rating sought. The current
PTSs reflect that no portion of a practical test may be conducted in an
ATD.
Policy
Due to regulatory changes, new standards for qualifying aviation
training devices, and ongoing improvements in technology, the FAA has
determined that it is necessary to ensure all approved devices meet
current standards contained in AC 61-136 (issued in July 2008) and are
consistent with existing regulations. As such, all manufacturers of
devices \3\ (including ground trainers, PCATD, FTD level 1-3, and ATDs)
who currently hold an LOA (or any other official method of approval)
must apply for a new LOA. By January 1, 2015, all FAA approved training
devices must have an LOA that has been reissued by AFS-800 (excluding
part 60 approvals) that: (1) Assesses the training device under the
standards in current AC 61-136; (2) contains an expiration date; and
(3) reflects current regulatory requirements. The only exception to the
reapplication requirement in this notice applies to new devices that
received their first LOAs after August 23, 2013. As noted, these
devices have been approved in accordance with AC 61-136, contain
expiration dates, and reference the appropriate regulatory limitations.
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\3\ The FAA expects that most requests for approval will come
from the ATD manufacturer. However, the FAA understands that in some
cases the manufacturer may no longer exist or may not wish to seek
approval for a particular device. As such, the FAA will accept
approval requests from individual ATD owners. An ATD owner can be
considered synonymous with a manufacturer for the purpose of
submitting and receiving device approvals as described in this
notice.
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After January 1, 2015, all LOAs previously issued prior to August
23, 2013, for training devices approved to meet requirements under
parts 61 and 141 will terminate. This means that experience obtained in
these devices may no longer be credited toward aeronautical experience
or currency requirements in parts 61 and 141. In order to promote
standardization, LOAs for any training device used for certification
and recency under parts 61 and 141 that are not approved by the
National Simulator Program AFS-205 will be issued only by General
Aviation and Commercial Division, AFS-800. The FAA notes that, as part
of this process, renewed LOAs (as well as any LOA issued for a new
device) will contain limitations for instrument training that are
consistent with the express aeronautical experience limits
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for an instrument rating found in Sec. 61.65 and appendix C to part
141.
LOAs that are reissued in accordance with this notice will contain
language noting the previously discussed exemption that will permit
operators of approved devices to continue to use ATDs at the higher
levels set forth in the previously approved LOAs--and pilots applying
for an instrument rating will be permitted to take the practical test
with the aeronautical experience set forth in the LOAs--until January
1, 2015. After this date, no applicant for an instrument rating may use
more than 10 hours of instrument training in an ATD toward the minimum
aeronautical experience requirements required to take the practical
test for an instrument rating. In addition, no graduate of a training
program approved under appendix C to part 141 may credit more than 10%
of the required coursework in ATDs (unless that program has been
approved in accordance with Sec. 141.55(d) or (e)).\4\ The FAA expects
manufacturers and operators to adjust training in advance of this date
so that no applicant for an instrument rating is ineligible. The FAA
notes that the regulations do not place a limit on the amount of time
that a person may train in an ATD. Rather, the regulations place a
limit on the amount of time in an ATD that may be credited toward the
aeronautical experience requirements for an instrument rating.
Operators may continue to use these devices to improve pilot
proficiency and reduce more costly time in an aircraft.
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\4\ Part 141 Appendix C describes the curriculum requirements
for an approved training course. After January 1, 2015, no courses
approved under part 141 appendix C rating may allow for more than
10% of the required coursework to have been completed in an ATD.
After January 1, 2015, no person may graduate from a course that
allows for more than 10% of the required coursework to have been
completed in an ATD. The exception is those courses that have been
approved under Sec. 141.55 (d) and (e). The FAA recognizes that
some pilot schools will need to revise their instrument-rating
training program to reflect the 10% crediting limitation and
resubmit for approval. Alternatively, a pilot school may elect to
resubmit their training course for approval under Sec. 141.55 (d)
and (e).
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In order for any device, regardless of issue date, to be used to
gain the aeronautical experience and currency described in the letter
of authorization, that device must continue to perform to standards
required by that authorization. In addition, all conditions noted on
the letter of authorization must continue to be valid. These conditions
may include an annual periodic inspection and stakeholder report
verifying performance to original standards.
Applications for new LOAs
As noted above, all devices that received initial approval before
August 23, 2013 will require a new LOA to be issued before January 1,
2015, in order to continue to be used to obtain aeronautical experience
to meet requirements under parts 61 and 141. The FAA does not intend to
reevaluate every individual device as is the case for FFSs and FTDs
under part 60. Rather, the FAA wants to ensure that the type of device
meets acceptable standards for use in crediting aeronautical experience
and currency. The manufacturer will be responsible for providing a copy
of the renewed LOA to any operator of the device.
Devices that received approval between July 14, 2008, and August 23,
2013
Devices that were approved between July 14, 2008 and August 23,
2013 have been assessed under the current standards in AC 61-136;
however, these devices may not contain the current regulatory limits of
Sec. 61.65(i) or part 141 Appendix C. Any LOA issued after July 14,
2008, may be reissued without the need for additional evaluation.
Manufacturers must, however, submit a letter to the General Aviation
and Commercial Division (AFS-800), including a copy of the original
authorization, requesting a revised LOA that will contain regulatory
references that reflect current requirements. If the LOA contains an
expiration date, this new authorization will retain the original
expiration date.\5\ For LOAs originally issued without an expiration
date, the new LOA will reflect a five-year expiration date.
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\5\ Since January 2012, all LOAs have been issued to
manufacturers with a five-year expiration date.
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The new LOA will replace and supersede the previous authorization.
However, as noted, the FAA will continue to accept applicants for the
instrument rating practical test who need to credit more than 10 hours
of instrument time in an ATD to meet the minimum aeronautical
experience requirements until January 1, 2015.
Devices approved prior to July 14, 2008
All devices (including ground trainers, PCATD, FTD level 1-3, and
ATDs) for which an LOA (or any other official method of approval) was
issued prior to July 2008 must be reevaluated under the standards set
forth in the current advisory circular. Manufacturers of these devices
will be required to demonstrate that the device meets the current
standards for ATDs set forth in AC 61-136. The manufacturer must
request this evaluation by the means described in AC 61-136 no later
than July 1, 2014, in order to ensure that the FAA has adequate time to
evaluate the device and issue a new LOA before the existing LOA
terminates on January 1, 2015. The FAA cannot guarantee that
applications for reissued LOAs that are received after July 1, 2014,
will be processed prior to the termination date. The LOAs reissued for
these devices will be revised to contain expiration dates and reflect
current regulatory requirements and references.
Disposition
The FAA has initiated a revision to AC 61-136 and will amend
obsolete guidance concerning the approval and use of PCATD's, FTD's
(level 1-3) and ATDs. The FAA will insert into AC 61-136 all of the
above policy concerning these training devices. Please direct any
questions or requests concerning information in this notice to AFS-810,
Airmen Certification and Training Branch, 800 Independence Ave. SW.,
Washington, DC 20591.
Issued in Washington, DC, on December 19, 2013.
John Barbagallo,
Acting Deputy Director, Flight Standards Service.
[FR Doc. 2013-31094 Filed 12-31-13; 8:45 am]
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