[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Proposed Rules]
[Pages 29719-29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10168]



[[Page 29719]]

Vol. 81

Thursday,

No. 92

May 12, 2016

Part IV





Department of Transportation





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Federal Aviation Administration





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14 CFR Parts 61, 63, 91, Et al.





Regulatory Relief: Aviation Training Devices; Pilot Certification, 
Training, and Pilot Schools; and Other Provisions; Proposed Rule

Federal Register / Vol. 81 , No. 92 / Thursday, May 12, 2016 / 
Proposed Rules

[[Page 29720]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 91, 121, 135, 141

[Docket No.: FAA-2016-6142; Notice No. 16-02]
RIN 2120-AK28


Regulatory Relief: Aviation Training Devices; Pilot 
Certification, Training, and Pilot Schools; and Other Provisions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This rulemaking would relieve burdens on pilots seeking to 
obtain aeronautical experience, training, and certification by 
increasing the allowed use of aviation training devices. These training 
devices have proven to be an effective, safe, and affordable means of 
obtaining pilot experience. This rulemaking also would address changing 
technologies by accommodating the use of technically advanced airplanes 
as an alternative to the use of older complex single engine airplanes 
for the commercial pilot training and testing requirements. 
Additionally, this rulemaking would broaden the opportunities for 
military instructors to obtain civilian ratings based on military 
experience, would expand opportunities for logging pilot time, and 
would remove a burden from sport pilot instructors by permitting them 
to serve as safety pilots. Finally, this rulemaking would include 
changes to some of the provisions established in an August 2009 final 
rule. These actions are necessary to bring the regulations in line with 
current needs and activities of the general aviation training community 
and pilots.

DATES: Send comments on or before August 10, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-6142 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marcel Bernard, Airmen Certification 
and Training Branch, Flight Standards Service, AFS-810, Federal 
Aviation Administration, 55 M Street SE., 8th Floor, Washington, DC 
20003-3522; telephone (202) 267-1100; email [email protected].

SUPPLEMENTARY INFORMATION:

Contents

List of Abbreviations Frequently Used In This Document
I. Executive Summary
    Summary of Proposed Provisions
II. Authority for this Rulemaking
III. Discussion of the Proposed Rule
    A. Aviation Training Devices
    1. Instructor Requirement When Using a Full Flight Simulator, 
Flight Training Device, or Aviation Training Device To Complete 
Instrument Recency Experience
    2. Instrument Recency Experience Requirements
    3. Instrument Recency Experience for SICs Serving in Part 135 
Operations
    B. Pilot Certification, Training, and Pilot Schools
    1. Second In Command Time In Part 135 Operations
    2. Completion of Commercial Pilot Training and Testing in 
Technically Advanced Airplanes
    i. Definition of Technically Advanced Airplane
    ii. Amendment to Aeronautical Experience Requirement for 
Commercial Pilots
    iii. Amendments to Commercial Pilot and Flight Instructor 
Practical Test Standards
    C. Flight Instructors With Instrument Ratings Only
    D. Light-Sport Aircraft Pilots and Flight Instructors
    1. Sport Pilot Flight Instructor Training Privilege
    2. Credit for Training Obtained as a Sport Pilot
    E. Pilot School Use of Special Curricula Courses for Renewal of 
Certificate
    F. Temporary Validation of Flightcrew Members' Certificates by 
Part 119 Certificate Holders Conducting Operations Under Parts 121 
or 135
    G. Military Competence for Flight Instructors
    H. Use of Aircraft Certificated in the Restricted Category for 
Pilot Flight Training and Checking
    I. Single Pilot Operations of Former Military Airplanes and 
Other Airplanes With Special Airworthiness Certificates
    J. Technical Correction and Nomenclature Change
IV. Discussion of Proposed Effective Dates for Rule Provisions
V. Advisory Circulars and other Guidance Materials
VI. Section-By-Section Discussion of the Proposed Rule
VII. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    G. Environmental Analysis
VIII. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, Promoting International Regulatory 
Cooperation
IX. Additional Information
    A. Comments Invited
    B. Availability of Rulemaking Documents

List of Abbreviations Frequently Used in This Document

AATD--Advanced aviation training device
AC--Advisory Circular
ATD--Aviation training device
ATP--Airline transport pilot
BATD--Basic aviation training device
FFS--Full flight simulator
FTD--Flight training device
FSTD--Flight simulation training device
ICAO--International Civil Aviation Organization
IFR--Instrument flight rules
LOA--Letter of authorization
LODA--Letter of deviation authority
MFD--Multi-function display
NPRM--Notice of proposed rulemaking
PFD--Primary flight display
PIC--Pilot in command
SIC--Second in command
TAA--Technically advanced airplane
VFR--Visual flight rules

I. Executive Summary

    On January 18, 2011, the President signed Executive Order 13563, 
Improving Regulation and Regulatory Review. Among other things, Section 
6 of that Executive Order directs agencies to conduct a retrospective 
analysis of existing rules. Specifically, Executive

[[Page 29721]]

Order 13563 provides that ``[t]o facilitate the periodic review of 
existing significant regulations, agencies shall consider how best to 
promote retrospective analysis of rules that may be outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned.''
    Consistent with Executive Order 13563, the FAA routinely evaluates 
existing regulations and other requirements. The FAA works to identify 
unnecessary, duplicative, or ineffective regulations and to mitigate 
the impacts of those regulations, where possible, without compromising 
safety.
    As part of the FAA's continuing obligation to review its 
regulations, the agency has conducted an analysis of 14 CFR parts 61, 
91, and 141 to identify provisions that are outmoded, ineffective, or 
involve an unnecessary burden. This notice of proposed rulemaking 
(NPRM) is the result of the FAA's analysis of its regulations and 
includes proposed amendments that are consistent with the retrospective 
regulatory review requirements of Executive Order 13563. The proposed 
amendments reduce or relieve existing burdens on the general aviation 
community. Several of these proposed changes have resulted from 
suggestions from the general aviation community through petitions for 
rulemaking, industry/agency meetings, and requests for legal 
interpretation. The proposed changes include increases in the use of 
aviation training devices (ATDs), flight training devices (FTDs), and 
full flight simulators (FFSs); expanding opportunities for pilots in 
part 135 operations to log flight time, allowing an alternative to the 
complex airplane requirement for commercial pilot training, and 
permitting pilots to credit some of their sport pilot training toward a 
higher certificate. Because this rulemaking includes proposals that 
affect several disparate subject areas within the regulations, the FAA 
has provided the necessary background information in the separate 
sections of this document that discuss each proposed rule change.

Summary of Proposed Provisions

    Table 1 summarizes the provisions included in this rule, the 
sections affected, and the total cost savings (benefits) for a 5-year 
analysis period. All of the provisions proposed in this rule are either 
relieving or voluntary. For those provisions that are relieving, no 
person affected is anticipated to incur any costs associated with the 
relieving nature of the provision. The FAA assumes that as these 
provisions are relieving, all persons affected would use the provisions 
as they would be beneficial. For those proposed provisions that are 
voluntary, persons who wish to use the new provisions will do so only 
if the benefit they would accrue from their use exceeds any cost they 
might incur to comply with the new provision.

                             Table 1--Summary of Provisions in the Proposed Rule \1\
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                                                                                            Total cost savings
              Provision                        Summary           Sec.  Sec.   Affected    (benefits) for  5-year
                                                                                             analysis period
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                                            Aviation Training Devices
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Instructor requirement when using an   Remove the requirement   61.51(g)(5)............  The cost savings
 FFS, FTD, or ATD to complete           to have an instructor                             benefits equal about
 instrument recency.                    present when                                      $12.1 million or $10.6
                                        accomplishing flight                              million in present
                                        experience                                        value at a 7 percent
                                        requirements for                                  discount rate.
                                        instrument recency in
                                        an FAA-approved FFS,
                                        FTD, or ATD.
Instrument recency experience          Reduce frequency of      61.57(c), 135.245......  The cost savings
 requirements.                          instrument recency                                benefits equal about
                                        flight experience                                 $79.4 million or $69.6
                                        accomplished                                      million in present
                                        exclusively in ATDs                               value at a 7 percent
                                        from every two months                             discount rate.
                                        to every six months.
                                       Reduce number of tasks
                                        and remove three-hour
                                        flight time
                                        requirement when
                                        accomplishing
                                        instrument recency
                                        flight experience in
                                        ATDs.
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                                Pilot Certification, Training, and Pilot Schools
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Second in command for part 135         Allow a pilot to log     61.1, 61.39(a),          The FAA considers this
 operations.                            SIC flight time in a     61.51(e), (f),           to be a minimum cost
                                        multi-engine airplane    61.159(a), (c),          rule with positive,
                                        in a part 135            61.161, 135.99(c),       but difficult to
                                        operation that does      61.1,                    quantify, benefits.
                                        not require an SIC.      61.129(a)(3)(ii),
                                                                 appendix D to part 141.
Completion of commercial pilot         Allow TAA to be used to  .......................  The cost savings
 training and testing in technically    meet some or all of                               benefits equal about
 advanced airplanes (TAA).              the currently required                            $9.7 million or $8
                                        10 hours of training                              million in present
                                        that must be completed                            value at a 7 percent
                                        in a complex or                                   discount rate.
                                        turbine-powered
                                        airplane for the
                                        single engine
                                        commercial pilot
                                        certificate. TAA could
                                        be used in combination
                                        with, or instead of, a
                                        complex or turbine-
                                        powered airplane to
                                        meet the aeronautical
                                        experience requirement
                                        and could be used to
                                        complete the practical
                                        test.

[[Page 29722]]

 
Flight instructors with instrument     Remove the requirement   61.195(b), (c).........  The cost savings
 ratings only.                          that instrument only                              benefits equal about
                                        instructors have                                  $1.7 million or $1.5
                                        category and class                                million in present
                                        ratings on their                                  value at a 7 percent
                                        flight instructor                                 discount rate.
                                        certificates to
                                        provide instrument
                                        training.
Sport pilot flight instructor          Allow a sport pilot      61.412, 61.415(h),       Sport pilot flight
 training privilege.                    only instructor to       91.109(c).               instructors who choose
                                        provide training on                               to receive this
                                        control and                                       endorsement have
                                        maneuvering solely by                             determined that they
                                        reference to the                                  would be able to
                                        flight instruments                                recoup this cost by
                                        (for sport pilot                                  providing training to
                                        students only).                                   sport pilot students.
Credit for training obtained as a      Allow sport pilot        61.99, 61.109(l).......  If all 5,259 sport
 sport pilot.                           training to be                                    pilots choose to use
                                        credited for certain                              the lower cost option,
                                        aeronautical                                      the cost savings would
                                        experience                                        exceed $8.0 million.
                                        requirements for a                                We have used $8.0
                                        higher certificate or                             million as a one-time
                                        rating.                                           event in the benefit-
                                                                                          cost analysis.
Include special curricula courses in   Allow part 141 pilot     141.5(d)...............  This proposed rule
 renewal of pilot school certificate.   schools to count FAA                              provision provides
                                        approved ``special                                potential unquantified
                                        curricula'' course                                benefits which exceed
                                        completions (graduates                            minimal compliance
                                        of these courses)                                 costs.
                                        toward certificate
                                        renewal requirements.
----------------------------------------------------------------------------------------------------------------
                                                Other Provisions
----------------------------------------------------------------------------------------------------------------
Temporary validation of flightcrew     Allow a confirmation     61.3(a), 63.3(a),        This proposed rule
 members' certificates.                 document issued by a     63.16, 121.383(c),       would relieve both the
                                        part 119 certificate     135.95.                  FAA and stakeholders
                                        holder authorized to                              from the burden of the
                                        conduct operations                                exemption process,
                                        under part 121 or 135                             which must be
                                        to serve as a                                     completed every two
                                        temporary verification                            years. The cost
                                        of the airman                                     savings, while real,
                                        certificate and/or                                are small and believed
                                        medical certificate                               to be de minimis.
                                        during domestic
                                        operations for up to
                                        72 hours.
Military competence for Flight         Allow the addition of a  61.197, 61.199.........  The cost savings
 Instructors.                           flight instructor                                 benefits equal about
                                        rating based on                                   $1.4 million or $1.2
                                        military competency to                            million in present
                                        ``simultaneously                                  value at a 7 percent
                                        qualify'' for the                                 discount rate.
                                        reinstatement of that
                                        expired FAA flight
                                        instructor certificate.
Restricted Category Aircraft training  Allow an operator to     91.313.................  The benefits will
 and testing allowances.                request and obtain a                              exceed costs for those
                                        letter of deviation                               who choose to comply.
                                        authority to conduct
                                        training and testing
                                        and other directly
                                        related activities for
                                        employees to obtain a
                                        type rating in a
                                        restricted category
                                        aircraft.
Single Pilot Operations of Former      Allow pilots to operate  91.531.................  The benefits will
 Military Airplanes and Other           certain large and                                 exceed costs for those
 Airplanes with Special Airworthiness   turbojet-powered                                  who choose to comply.
 Certificates.                          airplanes
                                        (specifically former
                                        military and some
                                        airplanes not type
                                        certificated in the
                                        standard category)
                                        without a pilot who is
                                        designated as SIC.
----------------------------------------------------------------------------------------------------------------

     
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    \1\ The agency recommends that commenters reference the title of 
the provision to which they are commenting as it appears in the 
first column of this table for ease of reference.
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II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 49 
U.S.C. 106(f), which establishes the authority of the Administrator to 
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promote safe flight of civil aircraft in air 
commerce by prescribing regulations and setting minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security; and 49 U.S.C. 44703(a), which requires 
the Administrator to prescribe regulations for the issuance of airman 
certificates when the Administrator finds, after investigation, that an 
individual is qualified for, and physically able to perform the duties 
related to, the position authorized by the certificate. Consistent with 
this authority and with the retrospective regulatory review 
requirements of Executive Order 13563, this rulemaking includes certain 
proposed amendments that would reduce or relieve existing burdens on 
the general aviation community.

[[Page 29723]]

III. Discussion of the Proposed Rule

A. Aviation Training Devices

    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 
airman certification and recency. Currently, Title 14 of the Code of 
Federal Regulations (14 CFR) part 60 governs the qualification of 
flight simulation training devices (FSTD) which include FFSs and FTDs 
levels 4 through 7. The FAA has, however, approved other devices 
including ATDs for use in pilot certification training, under the 
authority provided in 14 CFR 61.4(c).\2\
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    \2\ Section 61.4(c) states that the ``Administrator may approve 
a device other than a flight simulator or flight training device for 
specific purposes.''
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    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).
    In 2009, the FAA issued a final rule that for the first time 
introduced the term ``aviation training device'' into the regulations 
and placed express limits on the amount of instrument time that could 
be credited in an ATD toward the aeronautical experience requirements 
for an instrument rating.\3\
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    \3\ In a 2007 NPRM, the FAA proposed to limit the time in a 
personal computer-based aviation training device that could be 
credited toward the instrument rating. Pilot, Flight Instructor, and 
Pilot School Certification NPRM, 72 FR 5806 (February 7, 2007). 
Three commenters recommended that the FAA use the terms ``basic 
aviation training device'' (BATD) and ``advanced aviation training 
device'' (AATD). Pilot, Flight Instructor, and Pilot School 
Certification Final Rule, 74 FR 42500 (August 21, 2009) (``2009 
Final Rule''). In response to the commenters, the FAA changed the 
regulatory text in the final rule to ``aviation training device,'' 
noting BATDs and AATDs ``as being aviation training devices (ATD) 
are defined'' in an advisory circular.
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    Since the 2009 final rule, the regulations permit ATDs to be used 
for the purpose of satisfying instrument recency experience 
requirements. As set forth in Sec.  61.57, pilots who complete 
instrument recency experience exclusively in ATDs must complete more 
tasks at more frequent intervals than those pilots who use aircraft, 
FFSs, and FTDs.
    Despite the limitations on the use of ATDs that were set forth in 
the 2009 final rule, the FAA had issued hundreds of LOAs to 
manufacturers of devices that permitted ATDs (as well as ground 
trainers, PCATDs, and FTDs (levels 1 through 3)) to be used to a 
greater extent than were ultimately set forth in the regulations. Even 
after publication of the 2009 final rule, the FAA continued to issue 
LOAs in excess of the express limitations in the regulations. On 
January 2, 2014, the FAA published a notice of policy to reissue LOAs 
to reflect current regulatory requirements. 79 FR 20. The FAA concluded 
that it could not use LOAs to exceed express limitations that had been 
placed in the regulations through notice and comment rulemaking.
    As discussed further in the following two sections, the FAA is 
proposing to amend the regulations governing the use of ATDs to 
increase the use of these devices for instrument training and 
instrument recency experience requirements above the levels established 
in the 2009 final rule. In developing this proposed rule, the FAA notes 
that ATD development has advanced to an impressive level of capability. 
Many ATDs can simulate weather conditions with variable winds, variable 
ceilings and visibility, icing, turbulence, high definition (HD) 
visuals, hundreds of different equipment failure scenarios, navigation 
specific to current charts and topography, specific navigation and 
communication equipment use, variable ``aircraft specific'' 
performance, and more. The visual and motion component of some of these 
devices permit maneuvers that require outside visual references in an 
aircraft to be successfully taught in an AATD. Many of these simulation 
capabilities were not possible in PCATDs and BATDs that the FAA 
approved for 10 hours of instrument time.
    The FAA believes that permitting pilots to log increased time in 
ATDs would encourage pilots to practice maneuvers until they are 
performed to an acceptable level of proficiency. In an ATD, a pilot can 
replay the training scenario, identify any improper action, and 
determine corrective actions without undue hazard or risk to persons or 
property. In this fashion, a pilot can continue to practice tasks and 
maneuvers in a safe, effective, and cost efficient means of maintaining 
proficiency.
    In a recent notice of proposed rulemaking (NPRM),\4\ the FAA 
proposed to increase the maximum time that may be credited in an ATD 
toward the aeronautical experience requirements for an instrument 
rating under Sec.  61.65(i). The NPRM proposed to permit a person to 
credit a maximum of 20 hours of aeronautical experience acquired in an 
approved ATD toward the requirements for an instrument rating. By LOA, 
devices that qualify as AATDs were proposed to be authorized for up to 
20 hours of experience to meet the instrument time requirements. 
Devices that qualify as BATDs were proposed to be authorized, by LOA, 
for a maximum of 10 hours of experience to meet the instrument time 
requirements.
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    \4\ Aviation Training Device Credit for Pilot Certification, 80 
FR 34338 (Jun. 16, 2015).
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    Based on the comments received to the NPRM, the final rule \5\ 
revised Sec.  61.65 to include a specified allowance of 10 hours for 
BATDs and 20 hours for AATDs in part 61 (combined use not to exceed 20 
hours) for the instrument rating.
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    \5\ 81 FR 21449 (Apr. 12, 2016).
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    The NPRM also addressed the use of ATDs in approved instrument 
rating courses. The NPRM proposed to amend appendix C to part 141 to 
increase the limit on the amount of training hours that may be 
accomplished in an ATD in an approved course for an instrument rating. 
The FAA proposed to allow ATDs to be used for no more than 40% of the 
total flight training hour requirements in an approved instrument 
rating course.
    Based on the comments received to the NPRM, the final rule revised 
appendix C to part 141 to include a specified allowance of 25% of 
creditable time in BATDs \6\ and 40% of creditable time for AATDs under 
part 141 (not to exceed 40% total time) for the instrument rating.
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    \6\ If a course of training is approved under the minimum 
requirements as prescribed in part 141 Appendix C for the instrument 
rating (35 hours of training required), 25% in a BATD would equate 
to 8.75 hours and 40% in an AATD would equate to 14 hours.
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    The FAA is now proposing to define ATD in Sec.  61.1 as a training 
device, other than a full flight simulator or flight training device, 
that has been evaluated, qualified, and approved by the Administrator. 
The FAA is proposing to add a definition of aviation training device to 
61.1 to differentiate ATDs from FFS and FTDs approved under

[[Page 29724]]

part 60 and to establish that an ATD must be approved by the 
Administrator to be used to meet aeronautical experience requirements 
under part 61. The FAA will continue to evaluate, qualify, and approve 
these devices in accordance with the guidance set forth in AC 61-136, 
which has been placed in the docket for this rulemaking.\7\
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    \7\ The FAA will continue to issue LOAs that allow ATDs to be 
used to meet other aeronautical experience requirements in parts 61 
and 141, including aeronautical experience for pilot certificates 
and ratings. Currently, the FAA issues LOAs that allow pilots to 
credit the same amount of time in ATDs as is currently permitted by 
regulation in FSTDs when the rule is silent on ATD allowances.
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1. Instructor Requirement When Using a Full Flight Simulator, Flight 
Training Device, or Aviation Training Device To Complete Instrument 
Recency Experience
    Currently, pilots who perform instrument recency experience 
requirements in an aircraft are not required to have an authorized 
instructor present to observe the time. Rather, the pilot can perform 
the required tasks in actual instrument conditions or in simulated 
instrument conditions with a safety pilot on board the aircraft. A 
pilot who accomplishes instrument recency experience in an FFS, FTD, or 
ATD, however, must have an authorized instructor present to observe the 
time and sign the pilot's logbook. 14 CFR 61.51(g)(4).
    In revising Sec.  61.57 in the 2009 final rule to include the 
option of using ATDs for meeting instrument recency experience, the 
preamble indicated that the FAA did not intend for an authorized 
instructor to be present during instrument recency experience performed 
in an FSTD or an ATD. It stated: ``[A] person who is instrument current 
or is within the second 6-calendar month period * * * need not have a 
flight instructor or ground instructor present when accomplishing the 
approaches, holding, and course intercepting/tracking tasks of Sec.  
61.57(c)(1)(i), (ii), and (iii) in an approved flight training device 
or flight simulator.'' 74 FR 42500, 42518. In 2010, the FAA issued a 
legal interpretation \8\ stating that, based on the express language in 
Sec.  61.51(g)(4), an instructor must be present in order for a pilot 
to accomplish instrument recency experience in an FSTD or ATD. That 
interpretation acknowledged, however, that the FAA had indicated in the 
2009 preamble some intention to change the requirement but that the 
change was not reflected in the regulation.
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    \8\ Legal Interpretation to Thomas Keller, August 6, 2010.
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    The FAA is proposing to amend Sec.  61.51(g) by revising paragraph 
(g)(4) and adding a new paragraph (g)(5) to allow a pilot to accomplish 
instrument recency experience when using an FAA-approved FFS, FTD, or 
ATD--just as he or she might do when completing instrument recency 
experience in an aircraft--without an instructor present. Because 
instrument recency experience is not training, the FAA no longer 
believes it is necessary to have an instructor present when instrument 
recency experience is accomplished in an FSTD or ATD. An instrument-
rated pilot has demonstrated proficiency during a practical test with 
an examiner. It can be expensive to hire an instructor to observe a 
pilot performing the instrument experience requirements solely to 
verify that the instrument recency experience was performed.\9\ As 
noted above, practice in an ATD has the distinct advantage of pause and 
review of pilot performance not available in an aircraft.
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    \9\ The proposal would not change the existing requirement to 
reestablish currency by completing an instrument proficiency check 
under the requirements in Sec.  61.57(d).
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    As with instrument recency experience accomplished in an aircraft, 
the pilot would continue to be required to verify and document this 
time in his or her logbook. The FAA is retaining the requirement that 
an authorized instructor must be present in an FSTD or ATD when a pilot 
is logging time to meet the requirements of a certificate or rating, 
for example, under Sec. Sec.  61.51(g)(4), 61.65 and 61.129.
2. Instrument Recency Experience Requirements
    Currently, under Sec.  61.57(c), to act as pilot in command (PIC) 
of an aircraft under instrument flight rules (IFR) or in weather 
conditions less than the minimums prescribed for visual flight rules 
(VFR), an instrument-rated pilot must accomplish instrument experience 
(often described as instrument practice, currency or recency) within a 
certain period preceding the month of the flight.
    If a pilot accomplishes the instrument recency experience in an 
aircraft, FFS, FTD, or a combination, then Sec.  61.57(c)(1)-(2) 
requires that, within the preceding 6 months, the pilot must have 
performed: (1) Six instrument approaches; (2) holding procedures and 
tasks; and (3) intercepting and tracking courses through the use of 
navigational electronic systems.\10\ If a pilot accomplishes instrument 
experience exclusively in an ATD, then Sec.  61.57(c)(3) requires that, 
within the preceding two months, the pilot must have performed the same 
tasks and maneuvers listed previously plus ``two unusual attitude 
recoveries while in descending Vne airspeed condition and 
two unusual attitude recoveries while in an ascending stall speed 
condition.'' 14 CFR 61.57(c)(3). Section 61.57(c)(3) also requires a 
minimum of three hours of instrument recency experience when using an 
ATD, whereas no minimum time requirement applies when using an 
aircraft, FFS, or FTD to accomplish the instrument experience.
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    \10\ A pilot whose instrument currency has been lapsed for less 
than six months may not act as pilot in command in IFR or weather 
conditions less than the minimums prescribed for VFR but may 
reestablish instrument currency by performing the tasks and 
maneuvers in Sec.  61.57(c). If a pilot has failed to maintain 
instrument currency for more than six months (meaning it is more 
than six months since the pilot was instrument current), the pilot 
may reestablish instrument currency only by completing an instrument 
proficiency check under the conditions set forth in Sec.  61.57(d). 
See Pilot, Flight Instructor, and Pilot School Certification; 
Technical Amendment, 76 FR 78141, 78142 (December 16, 2011).
---------------------------------------------------------------------------

    If a pilot accomplishes the instrument recency experience using an 
ATD in combination with using an FFS or FTD, then the pilot must--when 
using an ATD--perform the additional tasks but the ``look back'' period 
to act as PIC is six months rather than two months. 14 CFR 61.57(c)(5). 
The FAA stated in 2009 that the more restrictive time limitations and 
additional tasks were based on the fact that, at the time, ATDs 
represented new technology.
    Since the ATD provisions were added to Sec.  61.57 in the 2009 
final rule, the FAA has received numerous inquiries regarding the terms 
used in the rule and what might be acceptable combinations when using 
various aircraft or training devices to satisfy the currency 
requirements.\11\
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    \11\ The FAA notes that it also received comments requesting 
clarification of the recency requirements to the ``Aviation Training 
Device Credit for Pilot Certification'' direct final rule (79 FR 
71634, December 3, 2015) (Docket No. FAA-2014-0987, comments at FAA-
2014-0987-0004, FAA-2014-0987-0022) and the similarly-titled notice 
of proposed rulemaking (80 FR 34338, June 16, 2015) (Docket No. FAA-
2015-1846, comments at FAA-2015-1846-0034, FAA-2015-1846-0038, FAA-
2015-1846-0055). http://www.regulations.gov.
---------------------------------------------------------------------------

    The FAA is proposing to amend Sec.  61.57(c) to allow pilots to 
accomplish instrument experience in ATDs at the same 6-month interval 
allowed for FFSs and FTDs. In addition, the FAA is proposing to no 
longer require those pilots who opt to use ATDs exclusively to 
accomplish instrument recency experience to complete a specific number 
of additional hours of instrument experience or additional

[[Page 29725]]

tasks (in existing Sec.  61.57(c)(3)) to remain current. As discussed 
previously, significant improvements in technology for these training 
devices have made it possible to allow pilots to use ATDs for 
instrument recency experience at the same frequency and task level as 
FSTDs. The FAA believes that this proposal would encourage pilots to 
maintain instrument currency, promote safety by expanding the options 
to maintain currency, and be cost saving. As proposed, a pilot would be 
permitted to complete instrument recency experience in any combination 
of aircraft, FFS, FTD, or ATD.
3. Instrument Recency Experience for SICs Serving in Part 135 
Operations
    Section 135.245(a) requires a person serving as SIC in a part 135 
operation conducted under IFR to ``meet the recent instrument 
experience requirements of part 61[.]'' The FAA is proposing to remove 
the reference to part 61 in Sec.  135.245(a) and move the current 
instrument experience requirements in Sec.  61.57(c)(1) and (2) to new 
Sec.  135.245(c). The use of aviation training devices is not currently 
permitted to satisfy requirements in part 135. As such, it is more 
appropriate for the express requirement for instrument recency 
experience to be listed in part 135 rather than by reference to another 
rule part.

B. Pilot Certification, Training, and Pilot Schools

1. Second in Command Time in Part 135 Operations
Logging Second-in-Command Time
    Currently, a person may log second-in-command (SIC) flight time 
\12\ only when more than one pilot is required under the type 
certification of the aircraft or the regulations under which the flight 
is being conducted. 14 CFR 61.51(f).
---------------------------------------------------------------------------

    \12\ ``Flight time'' is defined, in relevant part, as ``pilot 
time that commences when an aircraft moves under its own power for 
the purpose of flight and ends when the aircraft comes to rest after 
landing.'' 14 CFR 1.1. ``Pilot time'' is currently defined as ``time 
in which a person (i) serves as a required pilot flight crewmember; 
(ii) receives training from an authorized instructor in an aircraft, 
flight simulator, or flight training device; or (iii) gives training 
as an authorized instructor in an aircraft, flight simulator, or 
flight training device.'' 14 CFR 61.1.
---------------------------------------------------------------------------

    In some situations, an airplane may be type certificated for 
operation either by two pilots or by a single pilot if the airplane has 
additional equipment specified in the operating limitations section of 
the FAA-approved airplane flight manual. For example, a Cessna 551 
requires two pilots unless the airplane is equipped with an autopilot 
with approach coupling, flight director, boom microphone or headset 
mounted microphone, and a transponder ident switch on the pilot's 
control wheel. Likewise, certain operations conducted under part 135 
require an SIC even when the type certification for the aircraft would 
not require a second pilot.\13\ For example, under Sec.  135.101 no 
person may operate an aircraft carrying passengers under IFR unless 
there is an SIC in the aircraft. Notwithstanding this requirement, the 
regulations allow a certificate holder to conduct this operation 
without an SIC provided the aircraft is equipped with an operative and 
approved autopilot system and its use has been authorized by the FAA. 
14 CFR 135.105.
---------------------------------------------------------------------------

    \13\ For instance, no certificate holder may operate an aircraft 
without an SIC: (1) If the aircraft has a passenger seating 
configuration, excluding any pilot seat, of ten seats or more; or 
(2) the flight is conducted in a Category II operation. 14 CFR 
135.99(b); 135.111. Part 135 has no exceptions to the SIC 
requirement during these operations.
---------------------------------------------------------------------------

    Over the years, several individuals have requested clarification 
from the FAA regarding whether a second pilot may log flight time when 
an aircraft is equipped for operation by a single pilot. The FAA 
responded that, because the aircraft--as equipped--requires a single 
pilot under the type certificate or regulation under which the flight 
is being conducted, then a second pilot is not a required flightcrew 
member. Accordingly, a second pilot may not log flight time under Sec.  
61.51(f) during those flights.\14\ See legal Interpretation to Scott 
Nichols, April 2, 2009; Legal Interpretation to Jeff Karch, May 28, 
1998; Legal Interpretation to Jeff Karch, March 9, 2000.
---------------------------------------------------------------------------

    \14\ The FAA has indicated that an assigned SIC (though not 
required) may log flight time as PIC under Sec.  61.51(e) as the 
sole manipulator of the controls of an aircraft for which the pilot 
is rated. The assigned PIC (unless he or she holds an airline 
transport pilot (ATP) certificate and is acting as PIC of an 
operation requiring an ATP certificate) would not be able to log 
flight time concurrently because, under Sec.  61.51(e)(1)(iii), the 
PIC is not acting as PIC of an aircraft for which more than one 
pilot is required by the type certification of the aircraft or the 
regulation under which the flight is being conducted.
---------------------------------------------------------------------------

Petitions for Exemption
    On December 18, 2007, Ameriflight, a part 119 certificate holder 
authorized to conduct operations under part 135, petitioned the FAA for 
an exemption from Sec.  61.51(f)(2) to allow Ameriflight's SICs to log 
flight time during a flight that otherwise does not require an SIC.\15\ 
Ameriflight indicated that, if granted, the exemption would apply 
``when an operator elects to assign a properly trained and checked SIC 
to a flight so that special SIC operations could be conducted if the 
need arose, flight time accumulated during such an assignment may be 
`legally' logged by the SIC as SIC time, and meet the requirements of 
Sec.  61.51(f)(2).''
---------------------------------------------------------------------------

    \15\ Exemption No. 9770; Docket No. FAA-2007-0383. http://www.regulations.gov.
---------------------------------------------------------------------------

    In its petition, Ameriflight stated that granting this exemption 
would actively improve the level of safety because a properly trained 
and qualified SIC enhances safety in the cockpit by (1) providing a 
second set of eyes, (2) allowing for better implementation of crew 
resource management, (3) encouraging the use of standardized 
procedures, and (4) helping distribute flying tasks during periods of 
high workload. Ameriflight further stated that a grant of exemption 
would be in the public interest because SICs assigned to these 
operations would gain real-world line flying experience under 
supervision of a qualified PIC which it claimed was an important 
element in a smooth upgrade to PIC. Ameriflight also commented that 
future airline pilots currently below the Sec.  135.243(c) threshold 
for PIC \16\ would have an opportunity to gain experience far more 
useful to their careers than other currently available avenues, such as 
flight instruction, pipeline patrol, and traffic watch.
---------------------------------------------------------------------------

    \16\ Section 135.243(c) states that no person may serve as PIC 
of an aircraft under IFR unless, among other things, that person has 
``at least 1,200 hours of flight time as a pilot, including 500 
hours of cross-country flight time, 100 hours of night flight time, 
and 75 hours of actual or simulated instrument time at least 50 
hours of which were in actual flight [.]''
---------------------------------------------------------------------------

    The FAA issued a partial grant of exemption to allow Ameriflight's 
pilots to log SIC time in part 135 operations that did not otherwise 
require an SIC for the purposes of upgrading from SIC to PIC in those 
operations. The exemption, which has since been renewed,\17\ does not 
permit the flight time to be used to gain an additional certificate or 
rating under part 61 or to be logged as PIC flight time (even if the 
pilot is the sole manipulator of the controls of the aircraft). All 
pilots utilizing the exemption are required to complete the certificate 
holder's approved SIC training program including 3 hours of crew 
resource management training.
---------------------------------------------------------------------------

    \17\ The FAA granted the original petition for exemption on 
October 3, 2008, and issued extensions on October 29, 2010 (9770A), 
October 31, 2012 (9770B), September 30, 2014 (9770C), and October 
29, 2014 (9770D).
---------------------------------------------------------------------------

    The pilots are also required to meet other part 135 experience, 
qualifications, and crew pairing requirements. Specifically, the SIC 
must hold a commercial pilot certificate with appropriate category, 
class, and

[[Page 29726]]

instrument rating, if applicable. The SIC must complete the same part 
135 pilot training requirements required for two-pilot crews necessary 
to conduct operations consistent with the certificate holder's 
operations specifications (Ops Specs).\18\
---------------------------------------------------------------------------

    \18\ Ops Specs are paragraphs written and issued to the operator 
to provide specific requirements for certain FAA approved 
operations.
---------------------------------------------------------------------------

    In addition, Ameriflight is required under the exemption to meet 
certain recordkeeping requirements and outline all SIC ground and 
flight duties in its general operations manual and flightcrew operating 
manual.
    To the extent that Ameriflight had petitioned to permit its pilots 
to log flight time to meet aeronautical experience requirements for 
pilot certification, the FAA denied that relief stating that the denial 
was based on a desire to maintain the integrity of the higher level 
airmen certification and rating requirements. The FAA granted partial 
relief because that relief was confined to operations conducted solely 
within a part 135 certificate holder's operation, and such flight time 
would only be used to gain experience that would allow an SIC to 
upgrade to a PIC position within part 135 operations. The FAA found 
that such experience has value in part 135 operations.
    On February 7, 2013, Ameriflight petitioned the FAA to expand the 
relief provided in the original partial grant of exemption by again 
asking for relief to permit SICs who were not required by aircraft 
certification or the regulation under which the operation is conducted 
to log flight time to meet aeronautical experience requirements for 
pilot certification under part 61. Ameriflight restated its arguments 
regarding the value of the flight time and the benefit of building 
flight time under an experienced PIC. Ameriflight added that the relief 
was appropriate in light of Public Law 111-216 (August 1, 2010), which 
mandated FAA rulemaking to require SICs in part 121 operations to have 
an airline transport pilot (ATP) certificate.\19\ Ameriflight stated 
that granting the exemption would close the experience gap between 
pilots with 300 flight hours and SICs who must meet the new 1,500 hour 
experience requirement to qualify for an ATP certificate by providing 
``richer and more varied flying'' than was otherwise available.\20\
---------------------------------------------------------------------------

    \19\ On July 15, 2013, the FAA published the final rule on Pilot 
Certification and Qualification Requirements for Air Carrier 
operations implementing these statutory mandates (78 FR 42324) 
(Pilot Certification rule). As a result of this action, an SIC in 
part 121 domestic, flag, and supplemental operations must now hold 
an ATP certificate and an airplane type rating for the aircraft to 
be flown. With a few exceptions based on military and academic 
experience, an ATP certificate requires that a pilot be 23 years of 
age and have 1,500 hours total time as a pilot. Further, to receive 
an ATP certificate with a multiengine class rating, a pilot must 
have 50 hours of multiengine flight experience and must have 
completed a new FAA-approved ATP Certification Training Program 
(CTP). To upgrade from SIC to PIC for a part 121 air carrier, the 
pilot must have logged at least 1,000 flight hours in air carrier 
operations.
    \20\ The FAA notes that 250 hours of flight experience are 
required for a commercial pilot certificate under Sec.  61.129(a)-
(b); the agency believes that Ameriflight referenced ``300 flight 
hours'' because a pilot typically would have completed more than the 
minimum 250 hours when hired by a certificate holder.
---------------------------------------------------------------------------

    The FAA published a notice of the petition in the Federal Register. 
78 FR 39824 (July 2, 2013). Thirty comments were submitted to the 
docket.\21\ Most commenters supported Ameriflight's petition arguing 
that a two-pilot crew is safer than a one-pilot operation and the 
experience gained by the SIC is more valuable than experience gained 
through other methods such as banner-towing, pipeline, or power-line 
patrol. Other commenters noted other benefits such as mentoring by an 
experienced PIC, a second pair of eyes for safety, help in reducing 
single pilot workload, and the opportunity for hands-on experience that 
is difficult to obtain otherwise.
---------------------------------------------------------------------------

    \21\ Docket No. FAA-2007-0383. http://www.regulations.gov.
---------------------------------------------------------------------------

    Eight commenters raised concerns about Ameriflight's petition 
including the possibility of part 135 operators exploiting and charging 
low-time pilots a fee to gain this SIC experience. Other commenters 
suggested that granting the relief was contrary to the new ATP 
certificate requirements and National Transportation Safety Board 
(NTSB) recommendations that are meant to increase the SIC 
qualifications for air carrier operations. One commenter stated that 
SIC flight time should not be allowed in aircraft type-certificated for 
single pilot operations.
    The FAA denied Ameriflight's petition to expand the relief to 
permit pilots to log flight time for certification. Although the FAA 
believed that the petitioner and commenters raised valid points 
regarding the benefit of a second pilot in part 135 operations, 
Ameriflight did not need an exemption to place another pilot on board 
for increased safety. Further, the FAA stated that Ameriflight failed 
to demonstrate how it is unique to the general class of regulated 
entities and therefore somehow eligible for regulatory relief. The FAA 
has consistently denied petitions for exemption from certification 
requirements including those pertaining to flight time requirements. 
The FAA believes that any changes to the requirements for logging 
flight time for the purpose of meeting certification requirements are 
most appropriately achieved through notice and comment rulemaking.
Proposed Rule Change
    Under certain conditions, the FAA believes that it would be 
appropriate to allow pilots in part 135 operations to log time in an 
airplane or operation that does not otherwise require an SIC.
    The FAA is proposing to amend Sec.  135.99 by adding paragraph (c) 
to permit a certificate holder to receive approval of an SIC 
professional development program (SIC PDP) via Ops Specs in order to 
allow the certificate holder's pilots to log time under this proposal. 
The FAA believes that a comprehensive SIC PDP can provide opportunities 
for beneficial flight experience that may not otherwise exist and also 
provide increased safety in operations for those flights conducted in a 
multicrew environment.
    To ensure that the SIC PDP achieves these goals, the FAA has set 
forth in proposed Sec.  135.99(c) the requirements for certificate 
holders, airplanes, and flightcrew members during operations conducted 
under an approved SIC PDP. In addition to the following discussion of 
the proposal, the FAA has placed a draft advisory circular (AC) in the 
docket to this rulemaking that provides additional guidance for part 
135 operators regarding development and approval (via Ops Specs) of a 
SIC PDP. The FAA seeks comments on this proposed AC.
    As proposed, under an approved SIC PDP, a certificate holder would 
have to be authorized to conduct operations under IFR in multiengine 
airplanes with dual controls and flight instruments. Because the FAA 
believes that it is important that the required flightcrew member 
(i.e., the PIC) have immediate access to the flight controls at all 
times, the dual controls would not be permitted to include a throwover 
control wheel as proposed in Sec.  135.99(c)(2)(i). The airplane would 
be required to have independent flight instrumentation for a second 
pilot that includes the following instrumentation: (1) Airspeed 
indicator; (2) sensitive altimeter adjustable for barometric pressure; 
(3) gyroscopic bank and pitch indicator (artificial horizon); (4) 
gyroscopic rate-of-turn indicator combined with an integral slip-skid 
indicator; (5) gyroscopic direction indicator (directional gyro or 
equivalent); (6) vertical speed indicator (rate-of-climb) for IFR 
operations

[[Page 29727]]

carrying passengers; and (7) course guidance for en route navigation 
and instrument approaches. In addition, the SIC would need to have 
independent instrumentation required by the certificate holder's Ops 
Specs. The FAA acknowledges that the proposed instrumentation is not 
currently required for SICs who are required by regulation. The FAA 
believes, however, that the proposed instrumentation is the minimum 
necessary for an SIC assigned under an SIC PDP to be actively engaged 
as a pilot flying and pilot monitoring in both VFR and IFR conditions 
and would ensure that these SICs obtain the relevant type of 
multipilot, multiengine experience envisioned by Public Law 111-216. 
The FAA seeks specific comment on the impact of these proposed 
instrumentation requirements on part 135 operators who would be 
interested in obtaining approval of an SIC PDP.
    Consistent with existing obligations under part 135, certificate 
holders would be required to have: (1) A manual containing standard 
operating procedures (SOP) for conducting operations with a two pilot 
flightcrew and setting forth the duties and responsibilities of an SIC; 
(2) approved SIC training curriculums; \22\ (3) approved flight 
instructor (aircraft) training curriculums; and (4) initial and 
recurrent crew resource management (CRM) training for any pilot 
assigned to an operation consisting of more than one pilot flightcrew 
member.\23\ The assigned SIC would be expected to perform the functions 
normally assigned to an SIC in an aircraft requiring two flightcrew 
members, such as communications, navigation, flight management, 
briefing, departure, arrival, and approach procedures, inspections and 
checklists, and, at times, sole manipulator of the flight controls.
---------------------------------------------------------------------------

    \22\ The FAA would require certificate holders who exclusively 
conduct operations that require only a PIC to obtain approval of an 
SIC training program consistent with the requirements for SICs under 
part 135.
    \23\ Because a certificate holder who elects to conduct 
operations with an SIC would still have the option to conduct 
operations with a single pilot, the FAA would require certificate 
holders to provide training on both single pilot resource management 
and crew resource management as part of the certificate holder's 
training and checking program.
---------------------------------------------------------------------------

    As proposed in Sec.  135.99(d), certificate holders who are 
authorized to operate as a basic operator, single PIC operator, or 
single pilot operator would not be permitted to obtain approval to 
conduct an SIC PDP. These certificate holders--either by regulation or 
deviation--are not required to develop and maintain manuals that 
describe the procedures and policies to be used by the flight, ground 
and maintenance personnel. 14 CFR 135.21. In addition, these 
certificate holders are not required to establish and maintain an 
approved pilot training program under Sec.  135.341 or employ certain 
management personnel (e.g., Director of Operations, Chief Pilot) under 
Sec.  119.69. Because of the limited size and scope of these 
certificate holders' operations, the FAA does not believe that they 
would provide the environment necessary to foster an SIC PDP.
    The FAA is also proposing in Sec.  135.99(c)(1) to require a 
certificate holder with an approved SIC PDP to maintain records for 
each pilot consistent with the requirements in Sec.  135.63 and provide 
training and testing records upon request to any pilot who the 
certificate holder has assigned to serve as SIC under its program. 
Additionally, the certificate holder would be required to establish and 
maintain a data collection and analysis process that would permit the 
certificate holder and FAA to determine whether the SIC PDP is 
accomplishing its objectives. The proposed data collection and analysis 
process could be based off a certificate holder's existing voluntary 
safety management system or internal evaluation program. As proposed in 
Sec.  135.99(c)(1)(iv), a certificate holder who obtains approval of an 
SIC PDP would be required to conduct annual standardization meetings 
for all flight instructors serving as PIC during operations conducted 
under an SIC PDP. The FAA believes that standardization meetings would 
provide an additional mechanism to assess the effectiveness of the SIC 
PDP and review performance of participating SICs.
    Under proposed Sec.  135.99(c)(4), an assigned PIC in an operation 
conducted under an SIC PDP must be an authorized part 135 flight 
instructor for the certificate holder. To serve as an assigned SIC 
under an SIC PDP, a pilot would be required to meet the same 
certification, qualification, training, checking, and testing 
requirements in part 135 as a required SIC.\24\ Accordingly, an 
assigned SIC would be required to hold a commercial pilot certificate 
with appropriate category and class ratings and an instrument rating. 
14 CFR 135.245. Because pilots serving under an SIC PDP would be 
exercising the privileges of a commercial pilot certificate, they would 
be required to hold a second class medical certificate. 14 CFR 61.23. A 
pilot logging time under this proposal would be required to complete 
the requirements of an approved SIC training and checking program for 
any airplane in which the pilot would serve. Because the pilot would be 
serving in a multicrew environment, this training would include crew 
resource management training required under Sec.  135.330. An assigned 
SIC also would be required to complete any training required by the 
certificate holder's Ops Specs for the operation being conducted, such 
as operations in reduced vertical separation minimum airspace.
---------------------------------------------------------------------------

    \24\ Consistent with current regulations, if a certificate 
holder is authorized under Sec.  135.3(c) to comply with the 
applicable sections of subparts N and O of part 121 instead of the 
comparable requirements in part 135, the assigned SIC would be 
required to meet the certification, qualification, training and 
checking requirements required by subparts N and O of part 121, 
except for the airline transport pilot certification requirements in 
Sec.  121.436. See 81 FR 1 (January 4, 2016).
---------------------------------------------------------------------------

    The FAA emphasizes that, under this proposal, an SIC assigned to 
duty under an SIC PDP would be subject to part 135 requirements as 
though the pilot were required by aircraft certification or regulation. 
For example, under the proposal, the assigned SIC would be subject to 
flight time and duty period limitations and rest requirements under 
subpart F of part 135. Under part 135, these requirements can differ 
based on the flightcrew complement. As such, a certificate holder would 
be expected to treat duty and rest periods for a two-pilot crew 
conducted under an SIC PDP no differently than those for pilots serving 
in operations requiring two pilots by aircraft certification or 
regulation. In addition, the FAA would consider a pilot assigned to 
serve as SIC under an SIC PDP to be a covered employee performing a 
safety sensitive function subject to drug and alcohol testing 
requirements in part 120.
    The FAA emphasizes that the SIC PDP would be voluntary. This 
proposal would impose no new requirements on certificate holders 
conducting operations under part 135 if they choose not to seek 
approval of an SIC PDP. However, only pilots employed by a certificate 
holder that has an approved SIC PDP would be permitted to log SIC 
flight time in part 135 operations when a second pilot is not required 
by the aircraft certification or the regulation under which the flight 
is being conducted. If a certificate holder does not have an approved 
SIC PDP and assigns a second pilot to an operation that does not 
require two pilots, that pilot may not log flight time under Sec.  
61.51.
    If conducted in accordance with an approved SIC PDP, the flight 
time accomplished by those pilots serving as SIC could be counted 
toward the total flight time required for an ATP certificate under 
Sec. Sec.  61.159(a), 61.160,

[[Page 29728]]

and 61.161.\25\ As proposed in Sec.  61.159(c)(1), pilots who log time 
under this provision would not be permitted to use the time to meet the 
more specific flight time requirements for ATP certification (e.g., 
cross-country flight time, night flight time) set forth in Sec.  
61.159(a)(1) through (5).\26\ Rather, a pilot would be required to 
satisfy these specific aeronautical experience requirements during his 
or her time as a required pilot flightcrew member. This limitation on 
applying time logged under this provision only toward the total time 
requirement for an ATP certificate is consistent with the current 
limitation for SICs and flight engineers in Sec.  61.159(c). The FAA 
believes that by allowing this time to be used only toward total flight 
time requirements for the ATP certificate, it would promote an 
environment in which a pilot's career follows a progression within part 
135 that includes the pilot serving as a PIC in part 135 operations 
before transitioning to an SIC position in a part 121 operation.
---------------------------------------------------------------------------

    \25\ The FAA is proposing to revise Sec.  61.161 to permit 
flight time logged under an SIC PDP to be counted toward the 1,200 
hours of total flight time required for an ATP certificate with a 
rotorcraft category helicopter class rating.
    \26\ As currently provided in the Ameriflight exemption, pilots 
logging time under this proposal would be permitted to use the 
flight time for the purpose of upgrading from SIC to PIC in part 135 
operations. Exemption No. 9770D.
---------------------------------------------------------------------------

    In proposing this change to pilot time logging allowances, the FAA 
is acknowledging the value of the pilot experience gained by airmen who 
have been properly trained to serve as SIC in the air carrier 
environment. In Public Law 111-216, Congress directed the FAA to ensure 
that applicants for an ATP certificate have received flight training, 
academic training, or operational experience that will prepare the 
pilot to, among other things, function effectively in a multipilot 
environment, adhere to the highest professional standards, and function 
effectively in an air carrier operational environment. In addition, the 
Public Law directed that all part 121 flightcrew members must have an 
appropriate amount of multiengine flight experience, as determined by 
the Administrator.
    The FAA believes, within an appropriate training and mentoring 
environment, this proposal would support the Congressional directive 
and provide an effective method to acquire experience for ATP 
certification and prepare pilots for a career as a professional pilot. 
The experience gained from working with and learning from a part 135 
flight instructor in a crew configuration would create valuable 
experience. This proposal would provide an additional option for 
commercial pilots seeking to meet the minimum aeronautical experience 
requirements for the ATP certificate while also providing a strong 
foundational experience for a developing professional pilot.
    The FAA is proposing to revise Sec.  61.159(c)(1) to set forth the 
requirements for logging SIC pilot time in an operation that does not 
require an SIC by type certification of the aircraft or the regulations 
under which the flight is being conducted. Current Sec.  61.159(c) 
(former Sec.  61.145) was first added to the regulations in a 1969 
final rule. 34 FR 17162 (October 23, 1969). Until that time, SICs were 
permitted to log only 50 percent of their flight time toward a 
certificate or rating. The 1969 final rule permitted SICs in part 121 
operations to log 100 percent of their flight time in airplanes 
required to have more than one pilot by their approved airplane flight 
manual or airworthiness certificate.\27\
---------------------------------------------------------------------------

    \27\ That final rule also added a provision that permitted 
flight engineers to log a portion of their flight engineer time 
toward the flight hour requirements for an ATP certificate.
---------------------------------------------------------------------------

    In 1973, the FAA revised Sec.  61.51 (former Sec.  61.39) to permit 
all SICs--not just those in part 121 operations--to log 100 percent of 
flight time as SIC in aircraft on which more than one pilot is required 
by the type certification of the aircraft or the regulations under 
which the flight is conducted. 38 FR 3156 (February 1, 1973). When the 
FAA expanded Sec.  61.51 to include all SICs, it did not remove the 
more limited provision that applied only to part 121 SICs in Sec.  
61.159(c)(1). Because that paragraph provides the same allowance for 
logging SIC flight time as is currently reflected in Sec.  61.51(f), 
the FAA is proposing to revise Sec.  61.159(c)(1) to address the 
logging requirements for SICs in part 135 operations who are not 
required by type certification or the regulations under which the 
flight is being conducted.
    The FAA is also proposing to revise the definition of pilot time in 
Sec.  61.1 and the logging requirements in Sec.  61.51(f) to reflect 
the allowance for SICs to log flight time in part 135 operations when 
not serving as required flightcrew members under the type certificate 
or regulations.\28\ The FAA notes that, because International Civil 
Aviation Organization (ICAO) standards do not recognize the crediting 
of flight time when a pilot is not required by the aircraft 
certification or the operation under which the flight is being 
conducted, pilots who rely on flight time logged under an SIC PDP to 
meet the requirements for an ATP certificate must have a limitation on 
their ATP certificates indicating that they do not meet the PIC 
aeronautical experience requirements of ICAO. This limitation may be 
removed when the pilot presents satisfactory evidence that he or she 
has met the ICAO standards.
---------------------------------------------------------------------------

    \28\ The FAA also proposes to revise the definition of ``pilot 
time'' in Sec.  61.1 to include training time from an authorized 
instructor in aviation training devices within the definition. The 
FAA likewise proposes to add aviation training devices to Sec.  
61.51(h) to accommodate the logging of training time in an aviation 
training device.
---------------------------------------------------------------------------

    Because of the ICAO limitation, it is important that flight time 
logged under this proposal is accurately recorded in the pilot's 
logbook. For that reason, the FAA has proposed Sec.  61.159(c)(1)(ii) 
which would require the PIC to certify in the SICs logbook that the 
flight time was accomplished under the requirements in Sec.  
61.159(c)(1). As currently happens, a designated pilot examiner, 
aircrew program designee, or FAA inspector when validating the pilot's 
flight time would be responsible for noting an ICAO limitation on a 
temporary airman certificate (Form 8060-4). In addition, the FAA is 
proposing to revise Form 8710-1 (Airman Certification and/or Rating 
Application) to include this time in the record of pilot time 
section.\29\ The FAA is proposing to add a provision to Sec.  61.39 
that would require a pilot who has logged flight time under Sec.  
61.159(c)(1) to present a copy of the records required by Sec.  
135.63(a)(4)(vi) and (x) at the time of application for the practical 
test.
---------------------------------------------------------------------------

    \29\ The FAA anticipates it would revise FAA form 8710-1 as 
appropriate at the final rule stage to include a column or block 
where the total number of hours accomplished under Sec.  
61.159(c)(1) could be recorded along with the notice of the ICAO 
limitation.
---------------------------------------------------------------------------

    As proposed in Sec.  61.159(c), an SIC logging time under this 
provision would not be permitted to log this flight time as PIC time 
even when he or she is the sole manipulator of the controls. The FAA is 
proposing, however, to revise Sec.  61.51(e) to allow the part 135 
flight instructor serving as PIC to log all of the flight time as PIC 
flight time even when the PIC is not the sole manipulator of the 
controls. Section 61.51(e)(1) permits a person who holds a sport, 
recreational, private, commercial, or airline transport pilot 
certificate to log PIC time when the pilot (1) is the sole manipulator 
of the controls of an aircraft for which the pilot is rated; (2) is the 
sole occupant of the aircraft, (3) is acting as PIC of an aircraft that 
requires more than one pilot by type certificate or the regulations 
under which the flight is being

[[Page 29729]]

conducted, or (4) is undergoing an approved pilot-in-command training 
program and is performing the duties of pilot in command while under 
the supervision of a pilot in command. In addition, the holder of an 
ATP certificate who is rated to act as PIC may log all flight time 
while acting as pilot in command of an operation requiring an ATP 
certificate. 14 CFR 61.51(e)(2).\30\ Without the proposed change to 
Sec.  61.51(e), the part 135 flight instructor would not be permitted 
to log PIC flight time during those times when the SIC is the sole 
manipulator of the controls because the PIC of these operations would 
not be acting as PIC of an aircraft that requires more than one pilot.
---------------------------------------------------------------------------

    \30\ Currently, pilots are required to hold an ATP certificate 
to act as PIC in part 121 air carrier operations. Additionally, 
pilots must hold an ATP certificate to serve as PIC in operations 
conducted under Sec. Sec.  135.243(a)(1) and 91.1053(a)(2)(i).
---------------------------------------------------------------------------

2. Completion of Commercial Pilot Training and Testing in Technically 
Advanced Airplanes
Introduction
    Under the current requirements, an applicant for a commercial pilot 
certificate with airplane category single engine class rating must 
accomplish 10 hours of flight training in a complex airplane \31\ or in 
a turbine-powered airplane.\32\ 14 CFR 61.129(a)(3)(ii), appendix D to 
part 141. In addition, the Commercial Pilot Practical Test Standards 
for Airplane (as well as the Flight Instructor Practical Test Standards 
for Airplane) require a pilot to use a complex airplane for takeoff and 
landing maneuvers and appropriate emergency tasks for the initial 
practical test for a commercial pilot certificate with an airplane 
category.\33\
---------------------------------------------------------------------------

    \31\ A complex airplane is defined as an aircraft with a 
retractable landing gear, flaps, and a controllable pitch propeller, 
including airplanes equipped with an engine control system 
consisting of a digital computer and associated accessories for 
controlling the engine and propeller. 14 CFR 61.1.
    \32\ This option was added to the regulations in 1997. Pilot, 
Flight Instructor, Ground Instructor and Pilot School Certification 
Rules final rule, 62 FR 16220, April 4, 1997. In the preamble to the 
NPRM, the FAA explained that ``some commercial pilot applicants may 
wish to complete their training in turbine-powered airplanes, and 
some military pilots may not have demonstrated procedures pertaining 
to the use of a controllable pitch propeller. Because a turbine-
powered airplane does not necessarily have a propeller, training and 
demonstration of flight proficiency in such an airplane does not 
satisfy existing requirements. However, a turbine-powered airplane 
clearly meets the regulatory intent of requiring an applicant to 
demonstrate proficiency in a relatively complex airplane.'' 60 FR 
41160.
    \33\ The Commercial Practical Test Standards (FAA-S-8081-12C) 
for Airplane states that the applicant must furnish a complex 
airplane ``unless the applicant currently holds a commercial pilot 
certificate with a single engine or multiengine class rating, as 
appropriate.''
---------------------------------------------------------------------------

    Many pilots seeking a commercial pilot certificate in the airplane 
category take the initial practical test in a single engine airplane. 
Training providers have noted that there are far fewer single engine 
complex airplanes available to meet the practical test standards 
requirement, and the single engine complex airplanes that are available 
are older aircraft that are expensive to maintain. The FAA recognizes 
that accomplishing the required training in either a single engine 
complex airplane or turbine-powered airplane has become cost 
prohibitive for most flight schools.
    Because Sec.  61.45(b) requires a pilot to accomplish the practical 
test in an aircraft that is the appropriate category, class, and type 
(if applicable), pilots are not permitted to use a more readily 
available multiengine complex airplane during the single engine 
practical test at the commercial pilot level to accomplish the tasks 
and maneuvers that require a complex airplane.\34\ Currently it is 
permissible for an applicant to take his or her initial commercial 
pilot practical test for the airplane category in the multiengine class 
and then seek an additional rating in the airplane single engine class, 
thereby avoiding the difficulty of furnishing a single engine complex 
airplane. However, the FAA notes that many pilots often do not apply 
for their initial commercial pilot certificate with a multiengine class 
rating because of the higher cost associated with gaining the 
aeronautical experience required by Sec.  61.129(b)(3) and (4) in a 
multiengine airplane.
---------------------------------------------------------------------------

    \34\ See Legal Interpretation to Ian Robert Dean, February 15, 
2013.
---------------------------------------------------------------------------

Related Rulemaking History
    On August 31, 2009, the FAA published a NPRM in the Federal 
Register that proposed to replace the requirement for training in a 
complex airplane for commercial pilot applicants (both single engine 
and multiengine ratings) with a requirement for advanced instrument 
training. Pilot in command proficiency Check and Other Changes to the 
Pilot and Pilot School Certification Rules NPRM, 74 FR 44779. In 
discussing the proposed change, the FAA noted the complaints by 
training providers regarding the necessity to maintain older single 
engine complex airplanes. The FAA also acknowledged in the NPRM that 
general aviation aircraft manufacturers are no longer producing as many 
single engine airplanes with retractable gear but are instead producing 
aircraft with ``glass cockpits,'' \35\ which are also referred to as 
technically advanced aircraft (TAA).\36\
---------------------------------------------------------------------------

    \35\ ``Glass Cockpits'' refer to an aircraft with a flight deck 
LCD display system that incorporates a combined flight instrument 
information that includes navigation information. An example is a 
primary and multifunction flight display. (PFD and MFD systems). 
This can include an integrated autopilot. Reference Instrument 
Flying Handbook FAA-H-8083-15B Chp. 8 pg 18.
    \36\ The General Aviation Technically Advanced Aircraft FAA--
Industry Safety Study published August 22, 2003, defines TAA as 
aircraft with a minimum of an IFR-certified GPS navigation system 
with a moving map display, and an integrated autopilot. Most include 
a primary flight display that integrates all of the following flight 
instruments together: Airspeed indicator, turn coordinator, attitude 
indicator, directional gyro, altimeter, and vertical speed 
indicator. Some TAAs also have a multi-function display that shows 
weather, traffic and terrain graphics. In general, TAAs are aircraft 
in which the pilot interfaces with one or more computers in order to 
aviate, navigate, or communicate.
---------------------------------------------------------------------------

    The FAA received a variety of comments in response to the proposed 
change. Although several commenters supported the change based on the 
high cost of maintaining older single engine complex airplanes and the 
perceived value of requiring additional instrument training, other 
commenters opposed the change citing the potential for an increase in 
gear-up landing incidents and the fact that training in a complex 
airplane is essential for safety because most pilots will encounter a 
complex airplane during their careers. The FAA withdrew the proposed 
changes in the final rule citing the need to further analyze the 
comments received on the proposed revision. 76 FR 54096 (August 31, 
2011). The FAA noted that it would consider the matter further and 
possibly publish an NPRM in the future.
Basis for Current Proposal
    Since the 2011 final rule, various pilot associations have made 
public statements on behalf of their members, expressing disappointment 
in the agency's decision to withdraw the proposal set forth in the 2009 
NPRM. Various individuals and pilot organizations have reiterated 
concern over the costs associated with the upkeep of aging complex 
single engine airplanes that are unavailable (or are cost prohibitive) 
due to the decrease or discontinuance of manufacture of these aircraft. 
The FAA has also received multiple exemption requests that seek relief 
from Sec.  61.45(b) and the requirement to use a single engine complex 
airplane during the commercial and flight instructor practical tests. 
While these requests have been denied because they have not met the 
regulatory criteria for an exemption, they provide additional

[[Page 29730]]

examples of ongoing industry concern over the lack of flexibility 
provided by the current requirement to furnish a complex single engine 
airplane for use during training and testing for these certificates and 
ratings.
    With the prominence of airplanes equipped with glass cockpits 
(i.e., TAA) in today's general aviation aircraft fleet, the FAA 
believes it is appropriate to permit the use of certain TAA to complete 
the training required in Sec.  61.129(a)(3)(ii) and appendix D to part 
141 as well as to meet the requirements of the commercial single engine 
airplane pilot and flight instructor practical test standards.
i. Definition of Technically Advanced Airplane
    The FAA recognizes the emerging and continuing trend in general 
aviation aircraft manufacturing to produce most new aircraft with 
advanced avionics systems. The previously typical individual six-flight 
instrument configuration (six-pack) is becoming unavailable in current 
general aviation manufacturing. The NTSB safety study Introduction of 
Glass Cockpit Avionics Into Light Aircraft published in 2010 indicated 
that ``the transition to glass cockpits in Federal Aviation 
Administration (FAA)-certified light aircraft'' began in 2003 when 
Cirrus Design Corporation started delivering single-engine piston 
airplanes with electronic primary flight displays (PFD). Other 
manufacturers, including Cessna Aircraft Company, Piper Aircraft 
Incorporated, Mooney, and Hawker Beechcraft soon followed suit. The 
NTSB study further referenced General Aviation Manufacturers 
Association data showing that ``by 2006, more than 90 percent of new 
piston-powered, light airplanes were equipped with full glass cockpit 
displays.'' \37\ Indeed, the Cessna Aircraft Corporation has produced 
``glass cockpit only'' piston driven aircraft since 2006. According to 
the General Aviation Manufacturers Association, these Cessna piston 
aircraft totaled 3,696, as delivered through 2012. Piper Aircraft Inc. 
also delivers almost exclusively glass cockpit configurations, except 
for some limited requests from international flight school customers 
for the previously traditional independent six-flight instrument 
configuration.\38\
---------------------------------------------------------------------------

    \37\ General Aviation Airplane Shipment Report, End-of-Year 2006 
(Washington, DC: General Aviation Manufacturers Association, 2007) 
indicates that 92 percent of the 2,540 piston airplanes delivered 
during 2006 were equipped with glass cockpit electronic flight 
displays.
    \38\ The six-flight instrument configuration includes a separate 
airspeed indicator, attitude indicator, altimeter, turn coordinator, 
heading indicator, and vertical speed indicator.
---------------------------------------------------------------------------

    This trend toward exclusive production of airplanes with glass 
cockpits (TAA) is due to an increase in demand for advanced avionics 
cockpit platforms by general aviation consumers.\39\ At the same time, 
there has been a significant decrease in the production of single 
engine complex airplanes.\40\ The FAA understands the decrease in 
single engine complex airplane manufacturing is due, at least in part, 
to newer airframe and power plant technologies that allow for aircraft 
to achieve higher performance (e.g., airspeed, reduced fuel 
consumption, etc.) without the manufacturing and maintenance costs 
associated with a retractable gear system that is characteristic of a 
complex airplane. Cirrus Aircraft has delivered 5,326 aircraft with 
this fixed gear configuration as of 2012.\41\
---------------------------------------------------------------------------

    \39\ An Aircraft Owners and Pilots Association Air Safety 
Foundation Special Report titled ``Technically Advanced Aircraft--
Safety and Training'' states ``virtually every newly designed 
transportation airplane is a TAA, including Lancair, Cirrus, 
Diamond, and the Adam 500 * * * Many owners are retrofitting their 
classic aircraft to convert them to TAA with IFR-certified GPS 
navigators and multifunction displays.''
    \40\ The General Aviation Manufacturers Association Web site 
shows Cessna has not produced a piston engine retractable gear 
airplane since 1985 and Piper has produced only 28 piston engine 
airplanes with retractable gear since 2008 (16 being the Piper Arrow 
model). Production for Beechcraft is also at an all-time low for 
piston single engine airplanes with retractable gear.
    \41\ General Aviation Manufacturers Association published 
statistics (http://www.gama.aero/).
---------------------------------------------------------------------------

    To date, the FAA has primarily used the term ``glass cockpits'' 
when referring to airplanes equipped with these advanced avionics 
components such as a primary flight display (PFD) and multi-function 
display (MFD). For example, the Instrument Flying Handbook acknowledges 
that PFDs and MFDs ``are changing not only what information is 
available to a pilot but also how that information is displayed.'' 
Moreover, the executive summary to the NTSB's Introduction of Glass 
Cockpit Avionics in Light Aircraft, provides that ``in a span of only a 
few years, the cockpits of new light aircraft have undergone a 
transition from conventional analog flight instruments to digital-based 
electronic displays,'' which ``integrate aircraft control, autopilot, 
communication, navigation, and aircraft system monitoring functions, 
applying technology previously available only in transport-category 
aircraft.'' \42\
---------------------------------------------------------------------------

    \42\ NTSB Safety Study # SS-10/01.
---------------------------------------------------------------------------

    In an FAA-Industry Safety Study published in 2003, the FAA defined 
TAA as ``a General Aviation aircraft that contains the following design 
features: Advanced automated cockpit such as MFD or PFD or other 
variations of a Glass Cockpit, or a traditional cockpit with GPS 
navigation capability, moving map display and autopilot.'' \43\ The FAA 
is proposing to require a certain level of complexity for TAA by 
proposing to define TAA in the regulations and, thereby, mandating 
certain functionalities when used for commercial pilot training and the 
practical test.
---------------------------------------------------------------------------

    \43\ General Aviation Technically Advanced Aircraft, FAA-
Industry Safety Study: Final Report of TAA Safety Study Team, http://www.faa.gov/training_testing/training/fits/research/media/TAAFinalReport.pdf (Washington, DC: Federal Aviation Administration, 
2003).
---------------------------------------------------------------------------

    Notwithstanding the previous use of terms such as glass cockpit and 
electronic flight instrument displays, the FAA is proposing to adopt an 
updated definition of ``technically advanced airplane'' in Sec.  61.1 
based on the common and essential components of advanced avionics 
systems equipped on the airplane, including a PFD, MFD and an 
integrated two axis autopilot. These components would be required in 
order to ensure the TAA used to meet the aeronautical experience 
requirements for commercial pilots in Sec.  61.129(a)(3)(ii) and 
appendix D to part 141, as well as the related practical test 
standards, as amended, have the necessary level of complexity 
comparable to the traditional single engine complex airplane.
    TAA would be required to include a PFD that is an electronic 
display integrating all of the following flight instruments together: 
An airspeed indicator, turn coordinator, attitude indicator, heading 
indicator, altimeter, and vertical speed indicator. Additionally, an 
independent MFD must be installed that provides a GPS with moving map 
navigation system and an integrated two axis autopilot.\44\ In general, 
the pilot interfaces with one or more computers in order to operate, 
navigate, or communicate. The proposed definition of TAA would apply to 
permanently-installed equipment and would not apply to any portable 
electronic device. The FAA recognizes the continuing advancements in 
aircraft avionics and the need for a pilot to be proficient with modern 
cockpit equipment and automation. As proposed, the FAA would define the 
term TAA as an airplane with an electronic PFD and an MFD that 
includes, at a minimum, a GPS moving

[[Page 29731]]

map navigation and integrated two-axis autopilot.
---------------------------------------------------------------------------

    \44\ The MFD may also include additional capabilities such as 
depicting weather, traffic, terrain, navigation aids and airport 
information, but these capabilities are not necessary to meet the 
proposed definition.
---------------------------------------------------------------------------

    In addition to adding a definition of TAA to Sec.  61.1, the FAA is 
proposing to amend the existing training requirements to permit the use 
of a TAA instead of a complex or turbine-powered airplane by commercial 
pilot applicants seeking an airplane category single engine class 
rating. In addition to the regulatory changes, the FAA would revise the 
practical test standards for commercial pilot applicants and flight 
instructors seeking an airplane category single engine class rating.
ii. Amendment to Aeronautical Experience Requirement for Commercial 
Pilots
    The FAA proposes to amend the current requirement found in Sec.  
61.129(a)(3)(ii) and appendix D to part 141 to complete 10 hours of 
training in a complex or turbine-powered airplane. As proposed, the FAA 
would permit a pilot seeking a commercial pilot certificate with an 
airplane category single engine class rating to complete the 10 hours 
of training in a TAA. With this amendment, a pilot seeking a commercial 
pilot certificate with a single engine class rating could complete all 
10 hours in a complex airplane, a turbine-powered airplane, or a TAA, 
or could complete the 10 hours of training in any combination of these 
three airplanes. The FAA believes that demonstration of proficiency in 
an airplane that is electronically complex (i.e., those that would meet 
the proposed definition of a TAA) will be comparable to the 
demonstration of proficiency in an airplane that is mechanically 
complex (i.e., those that meet the current definition of a complex 
airplane).
    Providing the TAA alternative to the training requirements for a 
commercial pilot certificate with an airplane category single engine 
class rating is appropriate because advanced avionics in TAA create a 
level of complexity that would be equal to or greater than the 
mechanical complexity found in traditional complex airplanes. The FAA 
contends that, as avionics continue to advance, the need for training 
and checking in other categories of aircraft equipped with advanced 
avionics systems will continue to grow. Further, the FAA emphasizes the 
importance of pilot and flight instructor proficiency in the advanced 
aircraft systems that are essential to the FAA's NextGen 
initiatives.\45\
---------------------------------------------------------------------------

    \45\ FAA publication ``NextGen Implementation Plan March 2012'' 
or latest version. NextGen involves development of aviation-specific 
applications for existing, widely-used technologies, such as the 
Global Positioning System (GPS) and technological innovation in 
areas such as weather forecasting, data networking and digital 
communications.
---------------------------------------------------------------------------

    Complex airplanes, turbine-powered airplanes, and TAA all require 
the commercial pilot applicant to have an understanding of aircraft 
systems that are more complicated than the aircraft systems found in 
more basic airplanes that most private pilots learn to fly. Operation 
of a complex airplane requires the pilot to perform advanced plans of 
action with the gear, flaps, and propeller control in certain phases of 
flight (such as takeoff, landing, and emergency procedures). Failure to 
perform the correct action in a complex airplane could result in a 
degradation of the safety of flight, such as a gear up landing or 
achieving maximum aircraft performance during climb after takeoff. 
Similarly, a TAA demands the pilot perform functions with the advanced 
avionics such as programing, entering flight plans and autopilot 
management. If not accomplished in an efficient, proper, and timely 
manner, there is the potential for a loss of safety during the flight.
    As another example, the failure of the pilot to recognize and 
respond properly to a failure of either the PFD or the MFD at a 
critical phase of flight (especially during marginal VFR conditions or 
instrument meteorological conditions (IMC)) could result in the pilot 
losing situational awareness and possibly leading to loss of control 
jeopardizing the successful completion of the flight. The FAA believes 
that demonstrating proficiency when operating a TAA provides at least 
an equivalent level of complexity compared to a complex airplane. 
Indeed, newly hired operations aviation safety inspectors are required 
to complete three weeks of glass cockpit training (in TAA). This 
commitment to TAA training reflects the FAA's acknowledgment of the 
importance of developing skills, understanding the complexity, and 
demonstrating knowledge required to safely operate these airplanes.
    The proposed amendments to Sec.  61.129(a)(3)(ii) and appendix D to 
part 141 for single engine airplane ratings do not impose any new 
regulatory requirements on pilots or part 141 pilot schools.\46\ The 
FAA believes that applicants for the commercial pilot practical test or 
flight instructor practical test for a multiengine rating need to 
continue to demonstrate skill and proficiency in a complex airplane as 
defined in the practical test standards. For that reason, the FAA is 
not proposing to make any related substantive revisions to the 
requirement to use a complex or turbine-powered airplane to complete 
the training required for multiengine airplanes in Sec.  
61.129(b)(3)(ii) and appendix D to part 141, other than clarifying 
amendments to eliminate redundancies in the current regulatory text. As 
noted, the vast majority of multiengine airplanes are complex, and 
there should be no significant burden on these applicants to provide a 
multiengine complex airplane for the multiengine practical test.
---------------------------------------------------------------------------

    \46\ Although commercial pilots who hold airplane category 
single engine class ratings may not have been trained or tested in a 
complex airplane, they would be required to obtain training and an 
endorsement under Sec.  61.31 in order to act as PIC of a complex 
airplane.
---------------------------------------------------------------------------

iii. Amendments to Commercial Pilot and Flight Instructor Practical 
Test Standards
    The FAA notes that the proposed amendments to Sec.  
61.129(a)(3)(ii) and appendix D to part 141 necessitate coordinated 
revisions to the practical test standards for commercial pilots and 
flight instructors. The Commercial Pilot Practical Test Standards for 
Airplane require a pilot to use a complex airplane for takeoff and 
landing maneuvers and appropriate emergency tasks for the initial 
practical test for a commercial pilot certificate with an airplane 
category. Similarly, the Flight Instructor Practical Test Standards for 
Airplane require an instructor candidate to use a complex airplane for 
the performance of takeoff and landing maneuvers as well as appropriate 
emergency procedures.
    Because an applicant for a commercial pilot certificate with an 
airplane category single engine class rating would no longer be 
required to complete training in a complex airplane, the FAA would 
revise the practical test standards to permit the use of a TAA in place 
of a complex or turbine-powered airplane during the single engine 
airplane practical test. The FAA would also revise the flight 
instructor single engine airplane practical test standards to permit 
the flight instructor applicant to use a TAA during the practical test. 
The FAA acknowledges that no longer requiring flight instructors 
seeking an airplane category single engine class rating to take the 
practical test in a complex airplane could result in a flight 
instructor not being evaluated specifically on complex airplane tasks 
and maneuvers.
    Although under the proposed rule an instructor would not 
necessarily be evaluated during the practical test in a complex 
airplane, the FAA believes that the current training and endorsement 
required to act as PIC of a complex

[[Page 29732]]

airplane set forth in Sec.  61.31, in conjunction with the flight 
instructor's demonstrated knowledge of the fundamentals of instruction, 
is sufficient to ensure that type of training is provided effectively. 
The FAA notes that this ability to provide training without having been 
evaluated on a practical test is consistent with other Sec.  61.31 
endorsements including high performance aircraft, tailwheel aircraft, 
or high altitude operations.

C. Flight Instructors With Instrument Ratings Only

    Section 61.195 sets forth the limitations and qualifications for 
flight instructors. Under Sec.  61.195(b), an instructor may not 
conduct flight training \47\ in any aircraft for which the instructor 
does not hold a pilot certificate and flight instructor certificate 
with the applicable category and class ratings for the aircraft in 
which the training is being provided.\48\ In addition to this 
requirement, Sec.  61.195(c) requires that a flight instructor who 
provides instrument training for the issuance of an instrument rating, 
a type rating not limited to VFR, or the instrument training required 
for commercial pilot and ATP certificates must hold an instrument 
rating on his or her pilot certificate and flight instructor 
certificate that is appropriate to the category and class of aircraft 
used for the training.\49\
---------------------------------------------------------------------------

    \47\ ``Flight training'' is defined as ``training, other than 
ground training, received from an authorized instructor in flight in 
an aircraft.'' 14 CFR 61.1.
    \48\ To be eligible for a flight instructor certificate, a 
person must hold either: (1) A commercial pilot certificate with an 
aircraft category and class rating for the flight instructor rating 
sought and an instrument rating, or (2) an airline transport pilot 
certificate with an aircraft category and class rating appropriate 
to the flight instructor rating sought and instrument privileges 
appropriate to the flight instructor rating that is sought. As such, 
it is not possible for a person to hold a flight instructor 
certificate with a rating that the person does not first hold on his 
or her pilot certificate. If providing instruction in an aircraft 
that is type certificated, the instructor must hold the appropriate 
type rating on his or her pilot certificate. 14 CFR 61.195(b)(2).
    \49\ The FAA has distinguished instrument training for an 
instrument rating under Sec.  61.65 and instrument training at the 
commercial pilot certificate level under Sec.  61.129 from the 
training requirements for private pilots on ``basic instrument 
maneuvers'' under Sec.  61.107 and ``control and maneuvering of an 
airplane solely by reference to the instruments'' under Sec.  
61.109. See Legal Interpretation to Taylor Grayson, July 6, 2010. A 
flight instructor does not need to hold an instrument rating to 
provide the training under Sec. Sec.  61.107 and 61.109.
---------------------------------------------------------------------------

    In the 2009 final rule, the FAA modified Sec.  61.195(c) to clarify 
that, in order to provide instrument training required for commercial 
pilot or ATP certification, an instructor must have an instrument 
rating on his or her flight instructor certificate. 74 FR 42500, 42561. 
In disposing of comments to the NPRM, the FAA made the following 
statement: ``. . . a flight instructor who does not hold the 
appropriate airplane multiengine rating on his/her flight instructor 
certificate and the appropriate airplane category multiengine class 
rating on his/her pilot certificate may not conduct instrument training 
in a multiengine airplane unless that flight instructor holds the 
appropriate airplane category multiengine class rating on his/her pilot 
certificate and flight instructor certificate.'' 74 FR 42500, 42536.
    Shortly after the final rule published, the FAA received a request 
for legal interpretation seeking clarification of whether a flight 
instructor who holds only an instrument-airplane rating on his or her 
flight instructor certificate may conduct instrument training in a 
single or multiengine airplane if he or she holds those ratings only on 
his or her commercial pilot certificate but not on his or her flight 
instructor certificate. See Legal Interpretation to Taylor Grayson, 
January 4, 2010. The FAA responded that, under Sec.  61.195(b), a 
flight instructor may not conduct instrument flight training without 
holding on his or her flight instructor certificate the appropriate 
category and class ratings for the aircraft in which the instrument 
flight training is provided.\50\
---------------------------------------------------------------------------

    \50\ See Legal Interpretation to Taylor Grayson, January 4, 
2010, which states ``a flight instructor must have an instrument 
rating on his flight instructor certificate that is applicable to 
the aircraft category for which the instrument training is 
provided.'' Additionally, Grayson states ``under part 61.195 a 
flight instructor may not conduct instrument training in a 
multiengine airplane unless that flight instructor holds the 
appropriate airplane category multiengine class rating on his or her 
pilot certificate and flight instructor certificate.
---------------------------------------------------------------------------

    Despite this conclusion, FAA regulations permit a pilot to receive 
an initial flight instructor certificate with an instrument-airplane or 
instrument-helicopter rating without a corresponding category (airplane 
or rotorcraft) and class rating (single engine, multiengine, 
helicopter) on the flight instructor certificate.\51\ In addition, the 
FAA has indicated in guidance \52\ that a flight instructor may provide 
instrument training in any class of airplane with only an instrument-
airplane rating on the flight instructor certificate so long as the 
person receiving instruction holds category and class ratings for the 
aircraft in which the instruction is being given. In such instances 
where guidance is inconsistent with a regulation, the regulation 
controls.
---------------------------------------------------------------------------

    \51\ The powered lift category does not contain any 
corresponding class ratings, on either a pilot certificate or flight 
instructor certificate, and thus would not be affected by this 
rulemaking proposal.
    \52\ In Grayson, the FAA noted that FAA guidance was 
inconsistent with the current regulation. FAA Order 8900.1, Vol. 5, 
Chpt 2, Sec. 11, stated:
    B. Class Ratings. Flight instructors who hold flight instructor 
certificates issued under part 61, which allow only instrument 
instructor privileges in airplanes, may give instrument flight 
instruction in any class airplane that is listed without restriction 
on their pilot certificate. Instructors holding only a helicopter 
instrument rating on their flight instructor certificate are limited 
to conducting instrument flight instruction in helicopters.
    C. Ratings Limited to Instrument. Instructors with ratings 
limited to instrument may not give instrument flight instruction to 
students who do not hold category and class ratings in the aircraft 
used. This would be instruction for the addition of a rating that 
conveys other than instrument privileges. These instructors may not 
certify logbooks or recommend applicants for any aircraft category 
or class rating.
---------------------------------------------------------------------------

    However, due to the confusion between the regulation and guidance 
regarding the qualifications of a flight instructor who is providing 
instrument training, the FAA is proposing to revise Sec.  61.195. 
Specifically, the FAA is proposing to revise Sec.  61.195(b) and (c) to 
permit a flight instructor who holds only an instrument-airplane rating 
or instrument-helicopter rating on his or her flight instructor 
certificate to provide instrument training in an aircraft, flight 
simulation training device (which includes full flight simulators and 
flight training devices), or in an aviation training device. As 
proposed, the authorized instructor and the pilot receiving instrument 
training would need to possess category and class ratings on their 
pilot certificates that are applicable to the aircraft in which the 
instrument training is accomplished. The flight instructor would need 
to hold the category and class rating on his or her pilot certificate 
appropriate to aircraft in which instrument training is given at the 
commercial pilot or ATP certificate level.
    For example, a pilot who holds an airplane category single engine-
land class rating on his or her private pilot certificate would be able 
to receive instrument training in a single engine-land airplane from a 
flight instructor who holds a single engine-land class rating on his or 
her commercial pilot (or ATP) certificate and an instrument-airplane 
rating on his or her flight instructor certificate. If the private 
pilot does not also hold a multiengine-land class rating, then in order 
to provide instrument training to that private pilot in a multiengine-
land airplane, the flight instructor would be required to hold: (1) An 
instrument-airplane rating on his or her flight instructor certificate, 
and (2) an airplane category

[[Page 29733]]

multiengine-land class rating on his or her flight instructor 
certificate.\53\
---------------------------------------------------------------------------

    \53\ Likewise, if the pilot receiving instrument training held a 
multiengine-land class rating on his or her private pilot 
certificate but the flight instructor did not hold a multiengine-
land class rating at the commercial pilot or ATP certificate level, 
the instructor--despite holding an instrument-airplane rating on his 
or her flight instructor certificate--would not be able to provide 
instrument training to that private pilot in a multiengine-land 
airplane.
---------------------------------------------------------------------------

    Allowing a flight instructor with only an instrument rating on his 
or her flight instructor certificate to provide instrument training 
when the flight instructor and the pilot receiving instrument training 
hold the appropriate category and class ratings on their pilot 
certificates provides adequate assurance that instrument training can 
be conducted competently and safely because the pilot and the 
instructor would have each previously demonstrated proficiency during a 
practical test with an examiner in the category and class of aircraft 
in which the instrument training is conducted.\54\
---------------------------------------------------------------------------

    \54\ The FAA notes that, as is currently required, either the 
instructor or the pilot receiving instrument training must be able 
to act as pilot in command of the aircraft in which the training is 
provided, meaning that one of them must meet the recent experience 
requirements, have satisfied the necessary flight review and 
proficiency check, and hold any required endorsements (e.g., complex 
airplane) for the aircraft.
---------------------------------------------------------------------------

    The FAA believes the fundamentals of instrument training (and the 
procedures) are a universal skill within a category of aircraft. The 
IFR procedures are fundamentally consistent within a particular 
category of aircraft and the same skills and rules apply to operate 
under IFR in the national airspace system. Obtaining a clearance, 
maintaining an attitude, altitude, speed, assigned course, following 
instructions from air traffic control (ATC), and other instrument 
skills are universal tasks for instrument flight in an aircraft. The 
ability of an instructor to teach instrument procedures in an aircraft 
for which he or she possesses an instrument rating on the flight 
instructor certificate would not be affected by the absence of aircraft 
category and class ratings on the flight instructor certificate.\55\
---------------------------------------------------------------------------

    \55\ The FAA notes that a flight instructor who holds only an 
instrument rating on his or her flight instructor certificate is not 
authorized to provide training to meet requirements for category and 
class ratings. For example, a flight instructor with only an 
instrument rating who is providing instrument training required 
under Sec.  61.129(a)(3)(i) for a commercial pilot certificate with 
an airplane category single engine class rating is not authorized to 
provide training to meet requirements that are specific to the 
category and class of airplane. As such, an applicant for a 
commercial pilot certificate who receives instrument training from 
an instrument only instructor would need to obtain training on the 
areas of operation listed in Sec.  61.127 from an instructor who 
holds the appropriate category and class for the rating sought. 
Additionally, the instrument only instructor may not endorse an 
applicant for a commercial pilot certificate to take the practical 
test.
---------------------------------------------------------------------------

    In addition, a flight instructor with an instrument rating on his 
or her flight instructor certificate has demonstrated the required 
knowledge on the fundamentals of instruction (e.g., the learning 
process, elements of effective teaching, student evaluation and 
testing, course development, lesson planning and classroom training 
techniques). See 14 CFR 61.185(a)(1). Therefore, an instructor who 
holds only an instrument rating on his or her flight instructor 
certificate meets the same foundational criteria as a person who holds 
a flight instructor certificate with a category and class rating. This 
instructional knowledge is in addition to the knowledge and skills 
specific to the instrument rating and training tasks as provided in the 
Flight Instructor Instrument Practical Test Standards.\56\
---------------------------------------------------------------------------

    \56\ FLIGHT INSTRUCTOR INSTRUMENT Practical Test Standards for 
AIRPLANE and HELICOPTER, FAA-S-8081-9D U.S. Department [sic] with 
Change 1.
---------------------------------------------------------------------------

D. Light-Sport Aircraft Pilots and Flight Instructors

1. Sport Pilot Flight Instructor Training Privilege
    To be eligible for a pilot certificate, a person must receive 
training from an authorized instructor on certain areas of operation. 
For instance, an applicant for a private pilot certificate with an 
airplane category single engine class rating must receive flight 
training on ``basic instrument maneuvers'' and ``control and 
maneuvering an aircraft solely by reference to the instruments.'' 14 
CFR 61.107(b)(1)(ix); 61.109(a)(3). For that reason, a flight 
instructor authorized to provide flight training to a private pilot 
applicant (part 61, subpart H instructor) is evaluated during the 
flight instructor practical test on his or her instructional knowledge 
related to tasks and maneuvers performed solely by reference to the 
instruments.\57\
---------------------------------------------------------------------------

    \57\ Flight Instructor Practical Test Standards for Airplane, 
FAA-S-8081-6D; http://www.faa.gov/training_testing/testing/test_standards/media/FAA-S-8081-6D.pdf.
---------------------------------------------------------------------------

    Conversely, basic instrument maneuvers are not an area of operation 
for which sport pilot applicants must receive flight training. 14 CFR 
61.311. As such, a sport pilot instructor (part 61, subpart K 
instructor) is not evaluated during the practical test on his or her 
instructional knowledge related to basic instrument maneuvers.\58\
---------------------------------------------------------------------------

    \58\ Sport Pilot Practical Test Standards for Airplane, 
Gyroplane, Glider, and Flight Instructor, FAA-S-8081-29; http://www.faa.gov/training_testing/testing/test_standards/media/faa-s-8081-29.pdf.
---------------------------------------------------------------------------

    Notwithstanding this fact, there is a single circumstance under 
which a sport pilot must receive flight training on control and 
maneuvering solely by reference to the instruments. As with other 
student pilots, a sport pilot applicant must complete solo cross-
country flight time to be eligible for the practical test for a sport 
pilot certificate. 14 CFR 61.313. Prior to accomplishing this solo 
cross-country flight time, sport pilot applicants must receive flight 
training from an authorized instructor on various maneuvers and 
procedures.\59\ 14 CFR 61.93. For applicants for a single engine 
airplane rating, the maneuvers and procedures for a cross-country solo 
endorsement include flight training on control and maneuvering the 
airplane solely by reference to the instruments. 14 CFR 61.93(e)(12). 
Sport pilot applicants are not required to receive this specific 
training unless the airplane they are using to accomplish solo cross-
country flight has a Vh (maximum speed in level flight with 
maximum continuous power) greater than 87 knots calibrated air speed 
(CAS). The FAA believes that sport pilot flight schools currently use 
flight instructors certificated under subpart H to provide training in 
these airplanes.
---------------------------------------------------------------------------

    \59\ To accomplish solo cross-country flight time, a sport pilot 
must obtain a student pilot certificate, receive flight training, 
and obtain an endorsement from an authorized instructor. 14 CFR 
61.93.
---------------------------------------------------------------------------

    The FAA is proposing to authorize sport pilot instructors to 
provide training on control and maneuvering solely by reference to the 
instruments to sport pilot applicants receiving flight training for the 
purpose of solo cross-country requirements in an airplane that has a 
Vh greater than 87 knots CAS. Because a sport pilot 
instructor is not evaluated on this instructional knowledge, the FAA is 
proposing to require a sport pilot flight instructor to receive 
training and an endorsement from a flight instructor certificated under 
subpart H that affirms the sport pilot flight instructor has been found 
competent and is qualified to provide flight training on tasks and 
maneuvers performed solely by reference to the flight instruments. A 
subpart H instructor is necessary to provide the training and 
endorsement to a sport pilot flight instructor because the subpart H 
flight instructor is instrument rated and would be knowledgeable on the 
appropriate techniques for safely accomplishing flight by reference to 
the flight instruments. The FAA is not requiring a sport pilot flight 
instructor to receive this endorsement. The

[[Page 29734]]

endorsement would only be required if the sport pilot flight instructor 
seeks the privilege of providing training to sport pilot applicants on 
maneuvering solely by reference to the flight instruments.
    The proposed endorsement would require the sport pilot flight 
instructor to receive a minimum of 1 hour of ground training and 3 
hours of flight training.\60\ The hour of ground training should 
emphasize a flight instructor's role, risk, and responsibilities in 
providing this type of training, evaluation and authorization. This 
basic instrument flight training should involve flight training for the 
purpose of giving instruction on control and maneuvering solely by 
reference to the instruments including straight and level flight, 
turns, descents, climbs, use of radio aids, and air traffic control 
directives. 14 CFR 61.93(e)(12). The FAA believes that the sport pilot 
flight instructor already has demonstrated proficiency in the 
fundamentals of instruction and course development. The endorsement 
would ensure that the sport pilot instructor has received appropriate 
training and assessment from an authorized Subpart H instructor to 
enable the sport pilot flight instructor to provide this training 
effectively and safely.
---------------------------------------------------------------------------

    \60\ Private pilot applicants have a similar requirement under 
Sec.  61.109(a)(3) that requires 3 hours of flight training in a 
single-engine airplane on the control and maneuvering of an airplane 
solely by reference to instruments, including straight and level 
flight, constant airspeed climbs and descents, turns to a heading, 
recovery from unusual flight attitudes, radio communications, and 
the use of navigation systems/facilities and radar services 
appropriate to instrument flight.
---------------------------------------------------------------------------

    The FAA is proposing to add new Sec.  61.412 that would establish 
training and endorsement requirements for those sport pilot flight 
instructors who want to provide training for sport-pilot applicants on 
control and maneuvering solely by reference to the flight instruments. 
This training is not required. Rather, the proposed change would allow 
a flight instructor with only sport pilot rating to provide all the 
training requirements for the sport pilot certificate. The FAA is 
proposing to revise Sec.  61.415 by adding a new paragraph (h) to 
clarify that a sport pilot flight instructor may not conduct flight 
training on control and maneuvering an aircraft solely by reference to 
the instruments in an airplane that has a Vh greater than 87 
knots CAS without meeting the requirements in proposed Sec.  61.412. 
Because a sport pilot flight instructor is not currently authorized to 
provide this training, the FAA is not placing any new limitation on 
sport pilot flight instructors.
    The FAA is proposing to make a corresponding change to Sec.  
91.109(c). Under that section, no person may operate a civil aircraft 
in simulated instrument flight unless the other control seat is 
occupied by a safety pilot who possesses at least a private pilot 
certificate with category and class ratings appropriate to the aircraft 
being flown. As such, a flight instructor with a sport pilot rating 
only (who holds no other pilot certificates) cannot currently act as 
safety pilot in simulated instrument flight. As proposed, the FAA would 
revise Sec.  91.109(c) to permit a sport pilot instructor who has 
obtained the endorsement proposed in Sec.  61.412 to serve as a safety 
pilot only for the purpose of providing flight training on control and 
maneuvering solely by reference to the instruments to a sport pilot 
applicant seeking a solo endorsement in an airplane with a 
Vh greater than 87 knots CAS. This serves the purpose of 
qualifying the sport pilot student for solo cross-country endorsement.
2. Credit for Training Obtained as a Sport Pilot
    In the NPRM that proposed to establish the certification and 
qualification requirements for sport pilots, the FAA indicated that a 
pilot would be able to credit ``training time and aeronautical 
experience logged as a sport pilot'' toward the requirements for higher 
certificates in accordance with the logging requirements in Sec.  
61.51. 67 FR 5368, 5411 (February 2, 2002). Under Sec.  61.51(h), a 
person may log training time when that person receives training from an 
authorized instructor in an aircraft, full flight simulator, or flight 
training device.\61\
---------------------------------------------------------------------------

    \61\ An authorized instructor for purposes of a sport pilot 
certificate includes a flight instructor certificated under subpart 
H of part 61 and a sport pilot instructor certificated under subpart 
K of part 61 provided the instructor holds the appropriate ratings 
for the aircraft in which the training is being provided.
---------------------------------------------------------------------------

    A sport pilot instructor is authorized, within the limits of his or 
her certificate, to provide training and endorsements required for: (1) 
A student pilot seeking a sport pilot certificate; (2) a sport pilot 
certificate; (3) a flight instructor certificate with a sport pilot 
rating; (4) a powered parachute or weight-shift control aircraft 
rating; (5) sport pilot privileges; (6) a flight review or operating 
privilege for a sport pilot; (7) a knowledge test or practical test for 
a sport pilot certificate; (8) a private pilot certificate with a 
powered parachute or weight-shift-control aircraft rating or a flight 
instructor certificate with a sport pilot rating; and (9) a proficiency 
check for an additional category or class privilege for a sport pilot 
certificate or flight instructor certificate with a sport pilot rating. 
14 CFR 61.413.
    A sport pilot instructor, therefore, is not authorized to conduct 
training for a recreational pilot certificate or a private pilot 
certificate with airplane, rotorcraft, glider, or lighter-than-air 
category ratings. As such, under Sec.  61.51(h), a pilot may not count 
flight training received from a flight instructor with only a sport 
pilot rating (subpart K instructor) towards the training requirements 
for a recreational pilot certificate or a private pilot certificate 
with category ratings other than powered parachute and weight-shift 
control aircraft.\62\
---------------------------------------------------------------------------

    \62\ A pilot may, however, count hours accumulated as a sport 
pilot toward the flight time (as opposed to flight training) 
requirements for a higher certificate in accordance with the 
requirements in Sec.  61.51.
---------------------------------------------------------------------------

    Under current regulations, however, if a pilot receives flight 
training in a light-sport aircraft \63\ for a sport pilot certificate 
from an instructor who is also authorized to provide training for a 
private pilot certificate (subpart H instructor), the flight training 
provided by that instructor may ``be credited toward the flight 
training requirements for a corresponding private pilot certificate, 
provided the instructor has met all applicable requirements necessary 
to provide that instruction at the private pilot level.'' See Legal 
Interpretation from Rebecca B. MacPherson to Tim Kern, July 24, 2009. 
By permitting this training time to be logged toward both certificates, 
the FAA has recognized that ``many of the areas of operation on which 
an applicant for a sport pilot certificate is required to receive 
training are identical to those on which an applicant for a private 
pilot certificate is also required to receive training.'' Kern 
Interpretation.
---------------------------------------------------------------------------

    \63\ The requirements of a light-sport aircraft are defined in 
14 CFR 1.1.
---------------------------------------------------------------------------

    In January 2011, the Aircraft Owners and Pilots Association, the 
Experimental Aircraft Association, the General Aviation Manufacturers 
Association and the National Association of Flight Instructors 
petitioned the FAA to allow pilots to credit the flight training 
received from a sport pilot instructor towards the training 
requirements for recreational pilot and private pilot certificates.\64\ 
As suggested in the petition, flight training obtained while training 
for a sport pilot certificate would be eligible toward some of the 
hours of flight training required for these higher certificates.

[[Page 29735]]

The petitioners stated that, by allowing training received in pursuit 
of a sport pilot certificate to be credited toward the training 
requirements of higher certificates, there would be greater incentive 
to pursue these higher certificates, thereby enhancing safety and 
encouraging involvement in a wider range of aviation activities.
---------------------------------------------------------------------------

    \64\ http://www.regulations.gov; Docket No. FAA-2011-0138.
---------------------------------------------------------------------------

    Under current regulations, to obtain a sport pilot certificate with 
airplane category single engine (land or sea) class privileges, 
rotorcraft category gyroplane class privileges, or lighter-than-air 
category airship class privileges, a pilot must complete 20 hours of 
flight time including at least 15 hours of flight training from an 
authorized instructor on various areas of operation.\65\ A sport 
pilot's flight training involves takeoffs and landings to a full stop, 
cross-country flight requirements, and solo flight time in a light-
sport aircraft.\66\ Finally, a sport pilot applicant must demonstrate 
proficiency on certain tasks and maneuvers during a practical test. 14 
CFR 61.313.
---------------------------------------------------------------------------

    \65\ To obtain a sport pilot certificate with a lighter-than-air 
category balloon class privileges, a pilot must complete 7 hours of 
flight time that includes three flights with an authorized 
instructor. To obtain a sport pilot certificate with glider category 
privileges, a pilot must complete 10 hours of flight time including 
10 flights with an authorized instructor if the pilot has less than 
20 hours of flight time in a heavier-than-air aircraft.
    \66\ Light-sport aircraft used for sport pilot training function 
the same as other certificated aircraft. In fact, a person could use 
a light-sport aircraft to accomplish training for a private pilot 
certificate if he or she chose.
---------------------------------------------------------------------------

    An applicant for a recreational pilot certificate or a private 
pilot certificate must complete flight training on many of the same 
tasks and maneuvers required for a sport pilot certificate. In fact, 
many of the tasks and maneuvers outlined in the practical test 
standards for a sport pilot mirror the requirements in the practical 
test standards for recreational or private pilots. For example, ten of 
the twelve areas of operation required in the airplane practical test 
standards for private pilot are also listed in the airplane practical 
test standards for sport pilot. These areas of operation must be 
performed to identical proficiency standards. As with sport pilot 
applicants, the flight training for recreational and private pilot 
certificates includes cross-country flight time, takeoffs and landings 
to a full stop, and solo flight time. 14 CFR 61.99, 61.109.
    Because of the common areas of operation and proficiency standards 
in flight training for sport pilots, recreational pilots, and private 
pilots, the FAA is proposing to revise Sec.  61.99 and add new 
paragraph (l) to Sec.  61.109 to allow flight training received from a 
sport pilot instructor who does not also hold a flight instructor 
certificate issued under the requirements in subpart H to be credited 
towards a portion of the flight training requirements for a 
recreational or private pilot certificate with airplane, rotorcraft, or 
lighter-than-air categories.\67\ Any training received from a sport 
pilot instructor that would be credited under this proposal must be 
completed in an aircraft appropriate to the category and class rating 
for the recreational or private pilot certificate sought.
---------------------------------------------------------------------------

    \67\ The FAA notes this situation is different from logging 
requirements for higher certificate levels. Generally, a pilot may 
use all of his or her flight time to meet the total minimum flight 
hours for a certificate when applying for a higher pilot 
certificate. For example, a pilot who has 80 total flight hours when 
he or she passes the practical test for a private pilot certificate 
may count those 80 hours toward the 250 hours of flight time 
required to apply for a commercial pilot certificate. Training time 
accomplished prior to private pilot certification, however, may not 
be used to meet the training requirements for a commercial pilot 
certificate. See Legal Interpretation from Rebecca B. MacPherson to 
Richard Theriault, October 8, 2010.
---------------------------------------------------------------------------

    The following table reflects the current regulatory flight training 
hour requirements for recreational pilots and private pilots for 
specific categories and classes of aircraft. The last column reflects 
the sport pilot flight training hours that the FAA is proposing to 
allow a sport pilot to credit toward those higher certificates.

                         Table 2--Current and Proposed Flight Training Hour Requirements
----------------------------------------------------------------------------------------------------------------
                                         Current recreational    Current private pilot     Sport pilot training
         Aircraft categories              pilot requirements          requirements       proposed to be credited
----------------------------------------------------------------------------------------------------------------
Airplane category--Single Engine.....  15 hours of training...  20 hours of training...  10 training hours.
Rotorcraft category--Gyroplane.......  15 hours of training...  20 hours of training...  10 training hours.
Lighter-than-air category--Airship...  No rating at             25 hours of flight       12.5 training hours.
                                        recreational pilot       training.
                                        certificate level.
Lighter-than-air category--Balloon...  No rating at             10 hours of flight       5 hours of flight
                                        recreational pilot       training including six   training including
                                        certificate level.       training flights with    three training flights
                                                                 an authorized            with an authorized
                                                                 instructor.              instructor.
----------------------------------------------------------------------------------------------------------------

    In proposing this change, the FAA acknowledges that, 
notwithstanding the number of common training tasks, a private pilot 
applicant is trained and tested on certain tasks and maneuvers above 
those that are required for a sport pilot certificate including 3 hours 
of night training, 3 hours of flight by reference to instruments, 
operations at an airport with an operating control tower, and some 
additional cross-country time requirements.\68\ For that reason, the 
FAA is proposing to permit a sport pilot to credit only a portion of 
the flight training toward higher certificates. The FAA is not 
proposing to expand the privileges of a flight instructor who holds 
only a sport pilot rating, other than as discussed previously in 
section III.D.1 of this preamble, which proposes to authorize sport 
pilot instructors to provide training on control and maneuvering solely 
by reference to the instruments to sport pilot applicants receiving 
flight training for the purpose of solo cross-country requirements, 
subject to certain conditions. Rather, the FAA is proposing to allow a 
pilot to credit a portion of flight training received from a sport 
pilot instructor toward the training hour requirements for higher 
certificates. As under current procedures, a designated pilot examiner 
would be required to validate an applicant's eligibility before 
administering the practical test.
---------------------------------------------------------------------------

    \68\ Night and instrument time are not required for balloon, 
powered parachute, or weight-shift control aircraft at the private 
pilot certification level.
---------------------------------------------------------------------------

    The FAA believes that there are sufficient safeguards including 
successful completion of a knowledge test and practical test to prevent 
any reduction in safety. The applicant for a recreational or private 
pilot certificate would still be required to complete all the 
requirements for that specific certificate or rating, including the 
appropriate aeronautical experience requirements, aeronautical 
knowledge requirements, flight proficiency standards, and preparation 
for the practical test. For example, a person

[[Page 29736]]

with a sport pilot certificate with an airplane category single engine-
land class rating applying for a private pilot certificate with 
airplane category single engine-land class rating would need flight 
training from a subpart H flight instructor for private pilot tasks 
including, but not limited to, night, cross-country, tower operations, 
flight solely by reference to the flight instruments, and preparation 
for the practical test.
    In addition to completing the aeronautical experience requirements 
with a flight instructor certificated under subpart H, an applicant for 
a recreational or private pilot certificate would be required to 
receive a minimum of three hours of training within 60 days of the 
practical test from a flight instructor certificated under subpart H. A 
flight instructor certificated under subpart H would be required to 
conduct training on all the areas of operation for a private pilot 
certificate and certify that the applicant is prepared for the 
practical test. 14 CFR 61.103(f). Moreover, only a subpart H flight 
instructor could recommend the applicant for the recreational or 
private pilot practical test. Ultimately, the practical test provided 
by an FAA designated pilot examiner would provide confirmation that the 
pilot has achieved the appropriate level of proficiency required for 
the higher pilot certification.
    The FAA believes the additional training required and provided by a 
subpart H instructor, and the requirement for the applicant to pass a 
knowledge test and practical test to the standards required for that 
higher certificate, would ensure an appropriate level of experience, 
proficiency and safety.
    As an alternative to this proposal, the FAA considered allowing all 
training received from a sport pilot instructor to be credited by an 
applicant seeking a recreational or private pilot certificate. An 
applicant would still be required to obtain a minimum of three hours of 
training in preparation for the practical test (within the preceding 2 
calendar months) from a flight instructor under subpart H, as well as 
be endorsed by a flight instructor under subpart H as being prepared 
for the required practical test. The FAA solicits public comment, and 
any associated data, on this alternative.

E. Pilot School Use of Special Curricula Courses for Renewal of 
Certificate

    The FAA may issue an initial pilot school certificate to a 
provisional pilot school or may renew a pilot school certificate 
provided the applicant meets the requirements of Sec.  141.5. Section 
141.5(d) currently requires, within the preceding 24 calendar months, 
the pilot school applicant to have established a pass rate of 80 
percent or higher on the first attempt for all knowledge tests leading 
to a certificate or rating, practical tests leading to a certificate or 
rating, or end-of-course tests for an approved training course 
specified in appendix K of that part before the FAA may issue or 
reissue a pilot school certificate. In addition, Sec.  141.5(e) 
requires the pilot school applicant to have graduated at least 10 
different people from the school's approved training courses within the 
previous 24 calendar months. If an applicant for renewal does not meet 
the quality of training requirements in Sec.  141.5(d) and the recent 
training ability requirements in Sec.  141.5(e), the FAA may issue a 
provisional pilot school certificate in accordance with the 
requirements in Sec.  141.7.\69\ 14 CFR 141.27(a)(3).
---------------------------------------------------------------------------

    \69\ Section 141.27 contains the standards for renewing a pilot 
school certificate. The FAA may renew a pilot school certificate if, 
among other things, the pilot school meets the ``recent training 
ability and quality'' of part 141.
---------------------------------------------------------------------------

    Section 141.53 prescribes the general procedures for a pilot school 
(or provisional pilot school) concerning the outline of each training 
course for which the school seeks FAA approval. Often these approved 
courses lead to a certificate or rating under part 61 or are specific 
courses set forth in appendix K to part 141 such as training for 
agricultural aircraft and rotorcraft external-load operations. Section 
141.57 also permits a school to receive approval of a special 
curriculum course. The FAA has approved numerous special curricula 
courses under Sec.  141.57 that do not lead to a pilot certificate or 
rating such as crew resource management, the use of night vision 
goggles, high performance aircraft training, complex airplane training, 
turbo-prop transition training, and tail-wheel training. While the FAA 
is able to approve these courses, and both provisional pilot schools 
and pilot schools are able to graduate students from these courses, 
they do not lead to a certificate or rating for the pilots nor are they 
listed in appendix K to part 141. Therefore, under Sec.  141.5, the 
graduates that complete these special curricula courses currently may 
not be counted when calculating the 80 percent pass rate required for 
issuance or renewal of a pilot school certificate.
    Although these special curricula courses do not result in a 
certificate or rating for the individual pilot, they do require the 
pilot school to develop a course curriculum, and an FAA Principal 
Operations Inspector must review and approve the course. In some 
instances the completion of the course leads to a required logbook 
endorsement such as a tail-wheel, complex, or high performance 
endorsement. In other cases, the course is designed to improve a 
pilot's skills in certain areas and environments such as crew resource 
management, aerobatics, or mountain flying. If a provisional pilot 
school is certificated on the basis of special curriculum courses 
alone, the school will not be able to meet the renewal criteria of 
Sec.  141.5(d) because the courses do not involve testing for a 
certificate or rating and are not courses listed in appendix K of part 
141.\70\ The FAA believes there is a necessity to support part 141 
pilot schools that provide instruction for special curriculum courses 
under Sec.  141.57.
---------------------------------------------------------------------------

    \70\ Some pilot schools have previously requested exemptions 
from Sec.  141.5 in order to be eligible for the issuance or renewal 
of a pilot school certificate. The FAA has generally denied these 
petitions. One exemption was granted to a balloon pilot school that 
had graduated nine students from 22 different courses and had a 100% 
pass rate for the pilot certification of their students (Exemption 
No. 10155A). The exemption was granted due to the limited number of 
students that receive balloon pilot training and the continuing need 
for a balloon school in the area. Another exemption was granted to a 
pilot school in Guam on the basis that there were no other pilot 
schools in the geographic area (Exemption No. 10435).
---------------------------------------------------------------------------

    Therefore, the FAA is proposing to amend Sec.  141.5(d) to allow 
part 141 pilot schools that hold training course approvals for special 
curricula courses to renew their certificates based on their students' 
successful completion of an end-of-course test for these FAA approved 
courses. This proposed change would expand the opportunity for pilot 
schools to maintain part 141 certification and reduce the number of 
exemption requests submitted to the FAA. The FAA developed part 141 to 
allow for expanded oversight and the promotion of structured pilot 
training courses. The Principal Operations Inspector who approves the 
special curricula course would provide continued oversight and validity 
of these programs, as is done with any course approved under part 141. 
Allowing pilot schools to renew their certificates based on special 
curricula course graduations promotes this type of organized training 
and FAA oversight of pilot training activities.
    If a student fails the end-of-course test for that special 
curricula course, the student would be recorded as a failure for 
purposes of calculating the 80 percent pass rate. The FAA believes that 
this is reasonable due to the fact that special curricula courses do 
not contain the specific training requirements found

[[Page 29737]]

in the appendices to part 141. The FAA proposes to modify Sec.  
141.5(d) accordingly.
    Allowing this additional method of part 141 pilot school renewal 
would benefit schools that only provide special curricula courses, 
without requiring an additional certificate course approval that would 
add cost and complexity to the pilot school operation. Benefits would 
include promotion of FAA approved pilots schools and increase in 
available FAA-approved training courses.
    The FAA notes that FAA web-based Operations Safety System (WebOPSS) 
authorizations are available for part 141 schools and can be a method 
of providing approvals for special curricula courses and other 
authorizations provided to pilot schools.

F. Temporary Validation of Flightcrew Members' Certificates by Part 119 
Certificate Holders Conducting Operations Under Parts 121 or 135

    Current regulations require a person who serves as a required pilot 
flightcrew member of a United States civil aircraft to have a pilot 
certificate in his or her physical possession or readily accessible in 
the aircraft when exercising the privileges of that certificate. 14 CFR 
61.3(a). The regulations also require a person who serves as a required 
pilot flightcrew member to have an appropriate medical certificate and 
government-issued photo identification in his or her physical 
possession or readily accessible in the aircraft. 14 CFR 61.3(c). In 
the case of a lost or stolen airman certificate or medical certificate, 
Sec.  61.29(e) permits a pilot to request a document conveying 
temporary authority to exercise certificate privileges, which may be 
carried as an airman certificate or medical certificate for up to 60 
days. Requests for these temporary documents can be made to the FAA 
Aeromedical Certification Branch or the Airman Certification Branch, as 
appropriate.
    For airman certificates, this request can be accomplished online 
through Airman Online Services \71\ or by letter to the Airmen 
Certification Branch.\72\ When using Airman Online Services, the Airman 
Certification Branch can immediately issue a document by fax or email 
that is valid for 60 days and provides temporary authority to exercise 
the privileges of a pilot certificate to an airman.
---------------------------------------------------------------------------

    \71\ The FAA airman services Web site (https://amsrvs.registry.faa.gov/amsrvsLogon.asp) states that ``* * * you may 
request temporary authority to exercise certificate privileges of a 
valid airman and/or medical certificate or verification of an 
expired flight instructor certificate in the form of a facsimile 
(FAX) or email. This authority will be valid for 60 days pending 
receipt of a permanent replacement certificate or reinstatement of 
an expired flight instructor certificate. Only one (1) on-line 
request for temporary authority can be obtained within any six (6) 
month period.''
    \72\ When a request is made by letter, the Airman Certification 
Branch issues a replacement certificate rather than providing a 
document conveying temporary authority.
---------------------------------------------------------------------------

    Although the temporary document obtained from the Airman 
Certification Branch through the Airman Online Services Web site also 
reflects the airman's medical certificate information, this document is 
not a sufficient verification of an airman's medical certificate. An 
airman still must obtain 60-day temporary authority of medical 
certification from the Aeromedical Certification Branch, which is only 
available by fax or mail.\73\ Under the current process, a pilot can 
make a phone call during normal business hours requesting a temporary 
60-day document for the medical certificate, which can be faxed to the 
airman. Currently there is no FAA online service available to request a 
temporary document confirming medical certification.
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    \73\ Under Sec.  61.29(b), a request for the replacement of a 
lost or destroyed medical certificate must be made by letter to the 
Department of Transportation, FAA, Aerospace Medical Certification 
Division, P.O. Box 26200, Oklahoma City, OK 73125, or in any other 
manner and form approved by the Administrator.http://www.faa.gov/licenses_certificates/airmen_certification/contact_airmen_certification/.
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    If a pilot does not have a pilot certificate (or a document issued 
under Sec.  61.29 conveying temporary authority), medical certificate, 
and government-issued photo ID in his or her physical possession, a 
flight cannot be conducted with that person acting as PIC or SIC. Since 
1992, the FAA has issued exemptions to part 119 certificate holders 
conducting operations under parts 121 and 135 to permit them to issue 
temporary verification documents to flightcrew members who do not have 
their airman certificates or medical certificates in their personal 
possession for a particular flight.\74\ The FAA has determined that 
good cause exists to issue these exemptions to prevent cancelation of 
flights in situations where a pilot flightcrew member's pilot 
certificate or medical certificate is valid but not physically 
available. With the emergence of Airman Online Services, the FAA has 
added as a condition of these exemptions that the relief is intended 
for situations where the pilots may not have Internet access or other 
means to expeditiously receive a document from the FAA under Sec.  
61.29(e).
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    \74\ Currently, there are 10 active exemptions granted for 
relief of Sec.  61.3(a) and (c) to part 119 certificate holders. 
These exemptions include air carrier associations such as Regional 
Airline Association (RAA) (Exemption No. 5560, as amended) and 
Airlines for America (A4A) (Exemption No. 5487, as amended). RAA 
currently lists 26 air carrier members (http://www.raa.org) while 
A4A represents most mainline part 121 air carriers including Alaska 
Airlines, American Airlines, Hawaiian Airlines, JetBlue Airways, 
Southwest Airlines, United Airlines, UPS, and Federal Express 
(http://www.airlines.org). By including the participating members of 
RAA and A4A, there may be more than 65 part 119 certificate holders 
eligible to exercise the privileges of these exemptions for relief 
from Sec.  61.3(a) and (c).
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    Under the terms of the exemption, a part 119 certificate holder may 
provide its pilots with a temporary 72-hour verification document when 
an airman certificate or medical certificate is lost, damaged, or 
destroyed. This method is known as the Air Carrier Certificate 
Verification Plan.\75\ Issuance of a verification document to a pilot 
flightcrew member is based on information contained in the certificate 
holder's approved record system. The certificate holder's POI must 
approve the procedure.
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    \75\ 8900.1 Volume 5, Chapter 1, Section 7, paragraph 5-153 (C).
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    Additionally, the FAA places certain conditions and limitations on 
a certificate holder as part of the exemption including, but not 
limited to: Requiring the pilot to carry a copy of the exemption 
onboard when the relief is utilized, ensuring an alternate method for 
proper identification of the pilot, requiring the pilot to comply with 
Sec.  61.29(e) and obtain a replacement certificate after the 72-hour 
period has elapsed if the original certificate remains unavailable, and 
limiting the relief in the exemption to operations conducted entirely 
within the District of Columbia and the 48 contiguous States of the 
United States.
    Since the exemption process is not the appropriate method to 
provide continuing relief sought by these certificate holders, the FAA 
is proposing to amend Sec. Sec.  121.383(c) and 135.95 to allow part 
119 certificate holders conducting operations under part 121 or 135 to 
provide their pilot flightcrew members a temporary verification 
document (valid for 72 hours) without the need of an FAA exemption. The 
FAA is also proposing to amend Sec.  61.3(a) to permit the documents 
provided by certificate holders to be carried as an airman certificate 
or medical certificate, as appropriate. As amended, Sec.  61.3(a) would 
permit flightcrew members to carry documents provided by a certificate 
holder only on flights conducted for the part 119 certificate holder 
including ferry flights to reposition aircraft. If the pilot

[[Page 29738]]

flightcrew member's pilot or medical certificate remains unavailable 
after 72 hours, the pilot flightcrew member would be required to comply 
with the requirements of Sec.  61.29 and request a 60-day temporary 
confirmation document from the Airman Certification Branch or the 
Aeromedical Certification Branch until a replacement certificate is 
issued and in the possession of that airman.
    A temporary verification document issued by the certificate holder 
would remain a short-term solution for a period not to exceed 72 hours. 
Placing this 72-hour time limitation on the verification document 
issued by the certificate holder would ensure that the airman obtains 
an official document from the Airman Certification Branch or 
Aeromedical Certification Branch under Sec.  61.29(e) when a document 
remains unavailable after 72 hours.
    Consistent with the conditions and limitations set forth in the 
exemptions, the FAA is proposing that a certificate holder would be 
required to obtain approval from the Principal Operations Inspector to 
exercise this privilege. The FAA intends to establish a process within 
the web-based Operations Safety System (WebOPSS) \76\ program to 
facilitate approval of the Air Carrier Certificate Verification Plan. 
Under this proposed process, the Principal Operations Inspector would 
provide the authorization to issue a pilot certificate or medical 
certificate verification document through WebOPSS, which would permit 
the FAA to approve and oversee the authorization through established 
operations specifications procedures.\77\ The FAA believes that public 
safety and interest would be preserved with the approval and oversight 
of the certificate holder's Principal Operations Inspector.
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    \76\ WebOPSS is a web-based program for issuance of operations 
specifications (OpSpecs) to 14 CFR part 119, 133, and 145 
certificate holders, and part 129 operators.
    \77\ This would be in lieu of utilizing the FAA Airmen Online 
Services Web site that can provide temporary authority in the form 
of a facsimile (fax) or email. This also would apply to the 
temporary authority for the medical certificate provided by fax from 
the Aeromedical Branch.
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    When these exemptions were first granted in 1992, access to the 
Internet was limited or unavailable and obtaining a temporary document 
quickly from the FAA was difficult. This fact has changed with today's 
information technology revolution. The FAA believes that the current 
proliferation of personal electronic devices with 24/7 Internet 
information and email access will likely keep the use of this new 
provision at a minimum. If this rule is finalized as proposed, the FAA 
will provide updated FAA Order 8900.1 guidance regarding how a 
certificate holder may obtain authority to provide its pilots a 
temporary 72-hour certificate verification document. The FAA would 
continue to provide relief through exemptions until a final rule is 
published and the certificate holder has obtained authority under the 
regulation from its Principal Operations Inspector.
    The current exemptions issued to part 119 certificate holders 
conducting part 121 operations also provide exemption from Sec.  
63.3(a) to allow certificate holders to issue temporary verification 
documents to flight engineer flightcrew members who do not have their 
airman certificates or medical certificates in their personal 
possession for a particular flight. Accordingly, the FAA is proposing 
to amend Sec.  63.3(a) to permit the documents provided by certificate 
holders to be carried as an airman certificate or medical certificate, 
as appropriate. As amended, Sec.  63.3(a) would permit flightcrew 
members to carry documents provided by a certificate holder only on 
flights conducted for the part 119 certificate holder including ferry 
flights to reposition aircraft. If the flight engineer flightcrew 
member's airman or medical certificate remains unavailable after 72 
hours, the flight engineer flightcrew member would be required to 
comply with the requirements of Sec.  63.16 and request a 60-day 
temporary confirmation document from the Airman Certification Branch or 
the Aeromedical Certification Branch until a replacement certificate is 
issued and in the possession of that airman.
    The FAA notes that, as proposed, this relief for pilots and flight 
engineers is available only for flights conducted entirely within the 
United States.\78\ Article 29 of the Convention on International Civil 
Aviation requires that every aircraft engaged in international 
navigation shall carry ``the appropriate licenses for each member of 
the crew.'' Temporary verification documents provided by the 
certificate holder from its training records would not meet the 
requirements of the Convention.
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    \78\ The exemptions limited the relief to those flights 
conducted entirely within the District of Columbia and the 48 
contiguous States. As proposed, the relief is expanded to any flight 
conducted entirely within the United States.
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G. Military Competence for Flight Instructors

Issuance of a Flight Instructor Certificate
    The requirements for the issuance of a flight instructor 
certificate are set forth in subpart H of part 61. These requirements 
include receiving training appropriate to the flight instructor rating 
sought, successful completion of a knowledge test, and demonstration of 
instructional proficiency during a practical test with an examiner. In 
the 2009 final rule, the FAA promulgated Sec.  61.73(g) (74 FR 42555), 
which for the first time allowed a current or former military 
instructor or military examiner to obtain an FAA flight instructor 
certificate based on experience obtained in the military (i.e., 
military competence) rather than meeting the requirements in subpart H.
    Section 61.73(g) specifies that a current or former military 
instructor or examiner may apply for and be issued an initial flight 
instructor certificate with appropriate ratings or add a rating to an 
existing flight instructor certificate if he or she meets the following 
requirements: \79\
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    \79\ These requirements are paraphrased from the existing 
regulatory text found in Sec.  61.73(g).
---------------------------------------------------------------------------

     Hold at least a commercial pilot certificate with category 
and class ratings appropriate to the flight instructor certificate 
sought;
     Hold an instrument rating (or have instrument privileges) 
on his or her pilot certificate appropriate to the instructor rating 
sought;
     For applicants that currently do not hold a flight 
instructor certificate, pass a knowledge test on the aeronautical 
knowledge areas listed under Sec.  61.185(a); \80\
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    \80\ The FAA requires applicants to satisfy this requirement by 
passing the Military Competence Instructor (MCI) knowledge test. 
This test is composed of 125 questions and requires the applicant to 
demonstrate knowledge in the areas of fundamentals of instructing, 
14 CFR parts 61 and 91, attitude flying, and basic flight 
instruments.
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     Present a record that shows the person is or was qualified 
as a U.S. Armed Forces military instructor pilot or pilot examiner 
appropriate for the flight instructor rating sought;
     Present a record that shows the person completed a U.S. 
Armed Forces instructor pilot or pilot examiner training course and 
received an aircraft rating qualification as a military instructor 
pilot or pilot examiner that is appropriate to the flight instructor 
rating sought; and
     Present a record that shows that person passed a U.S. 
Armed Forces instructor pilot or pilot examiner proficiency check in an 
aircraft as a military instructor pilot or pilot examiner that is 
appropriate to the flight instructor rating sought.
    The 2009 final rule did not impose any time restrictions for the 
qualifying military events described by

[[Page 29739]]

Sec.  61.73(g).\81\ The absence of time restrictions allows applicants 
to use military instructor experience obtained any time prior to the 
date of application as a basis for the issuance of an initial flight 
instructor certificate.
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    \81\ For decades, FAA regulations have allowed military pilots 
to apply for FAA pilot certificates and ratings based on military 
competency. Prior to 2009, those military pilots who applied for an 
FAA pilot certificate more than 12 months after they were on active 
flying status were required to take and pass a practical test. Those 
military pilots who were on active flying status within 12 months of 
the date of application for an FAA pilot certificate were not 
required to take and pass a practical test. The 2009 final rule 
removed the time restriction from Sec.  61.73 and required that 
military pilots take and pass only a knowledge test to obtain an FAA 
certificate, regardless of the time that had elapsed since they were 
on active flying status. The FAA introduced the military instructor 
competence provision in 2009 without any time restriction.
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Renewal and Reinstatement of a Flight Instructor Certificate
    The holder of a flight instructor certificate must renew that 
certificate every 24 calendar months to continue to exercise instructor 
privileges. Section 61.197 describes the methods by which a flight 
instructor may accomplish that renewal, including: (1) Completing a 
flight instructor refresher course (FIRC); (2) providing a record 
showing that the instructor served as a check pilot in an air carrier 
operation; (3) providing a record showing within 24 calendar months 80% 
of the flight instructor's students have passed a practical test on the 
first attempt (five or more recommendations); (4) completing a 
practical test for additional flight instructor rating; or (5) 
providing a record showing that within the preceding 12 months from the 
month of application the flight instructor passed an official U.S. 
Armed Forces instructor pilot proficiency check. 14 CFR 61.197(a). The 
2009 final rule that established military instructor competency added 
military instructor pilot proficiency checks to the list of renewal 
options for a flight instructor certificate.
    If a flight instructor fails to accomplish one of the renewal 
requirements, the flight instructor certificate expires, and the 
instructor may no longer exercise the privileges of that certificate 
until it is reinstated. To reinstate an expired flight instructor 
certificate, a person must pass a practical test for a previously held 
instructor rating or a new rating.\82\ 14 CFR 61.199. Special Federal 
Aviation Regulation (SFAR) 100-2 provides the only other avenue by 
which to reestablish the privileges of an expired flight instructor 
certificate. Under that provision, a person who served in a U.S. 
military or civilian capacity outside the United States in support of a 
U.S. Armed Forces' operation is eligible for renewal of an expired 
flight instructor certificate, provided the instructor completes one of 
the renewal requirements in Sec.  61.197 within six calendar months of 
returning to the United States.
---------------------------------------------------------------------------

    \82\ The minimum tasks that must be demonstrated during a 
practical test are found in the Flight Instructor Practical Test 
Standards, as appropriate for the category being tested.
---------------------------------------------------------------------------

The Proposed Rule
    Since the final rule was published in 2009, the FAA has received 
numerous comments from military instructors regarding renewal and 
reinstatement of their flight instructor certificates. For example, 
some military instructors--who had obtained their initial flight 
instructor certificate by completing the requirements in subpart H 
rather than through military competence--wanted to use Sec.  61.73(g) 
to reinstate their expired flight instructor certificates. Unless the 
expired flight instructor certificate can be renewed in accordance with 
SFAR 100-2, the express language in Sec.  61.199 requires the holder of 
an expired flight instructor certificate to reinstate that certificate 
by completing a practical test. Some military instructors noted that it 
seemed inequitable to allow military instructors who had not instructed 
for many years to obtain an initial flight instructor certificate 
without being required to demonstrate proficiency while at the same 
time requiring an active military flight instructor (who had obtained 
that certificate by meeting the requirements of subpart H) to pass a 
practical test to reinstate his or her expired flight instructor 
certificate.
    As another example, some military instructors have sought to renew 
their certificates based on the addition of a military instructor 
rating obtained outside the 12-month window set forth in Sec.  
61.197(a). The FAA has stated through policy that, under Sec.  
61.73(g), a military instructor is eligible to add a new rating 
obtained in the military to a non-expired flight instructor 
certificate; however, the flight instructor certificate retains the 
existing expiration date unless the applicant added the rating within 
the 12-month period preceding the date of the application for renewal. 
As such, a person who holds a non-expired flight instructor certificate 
and obtained a new rating through a military proficiency check 
conducted outside of the 12-calendar month period preceding the month 
of application for renewal retains the original expiration date on the 
certificate rather than obtaining a new certificate valid for 24 
months. Many military instructors commented that the addition of a 
rating during any time prior to expiration of a flight instructor 
certificate should result in the applicant receiving a certificate that 
is valid for an additional 24 calendar months.
    Based on these concerns, the FAA is proposing some changes to 
Sec. Sec.  61.197 and 61.199 to accommodate renewal and reinstatement 
of flight instructor certificates by military instructors and 
examiners. The FAA is proposing to expand the 12-calendar-month 
timeframe noted in Sec.  61.197(a)(2)(iv) to 24 calendar months. This 
would allow a military instructor who has passed a U.S. Armed Forces 
military instructor pilot proficiency check within the 24 calendar 
months preceding the month of application to be eligible to renew his 
or her certificate based on that proficiency check. Expanding this 
timeframe would be consistent with the requirements for other methods 
of renewal found in Sec. Sec.  61.197(a)(2)(i) and 61.197(a)(2)(ii). 
The FAA believes that there would be no reduction of safety based on 
this proposal as these instructors will have demonstrated knowledge and 
skill during the same timeframe as is recognized for other methods of 
renewal. Consistent with current regulations, those instructors who 
apply to renew their certificates based on a military instructor 
proficiency check completed more than 3 months from the date of 
expiration of their current flight instructor certificate would receive 
a certificate with an expiration date 24 months from the date that the 
instructor submits his or her application for renewal. If the flight 
instructor applies for renewal within 3 months of the expiration date 
of the current instructor certificate, then the new expiration date 
would be 24 months from the current date of expiration.
    The FAA is also proposing to clarify in Sec.  61.197(a)(2)(iv) that 
a flight instructor would be able to renew his or her certificate by 
providing a record demonstrating that, within the previous 24 calendar 
months, the instructor passed a military instructor pilot proficiency 
check for a rating that the instructor already holds or for a new 
rating. Consistent with current practice, an eligible military 
instructor that applies for renewal under this provision would receive 
a flight instructor certificate that reflects a date 24 calendar months 
from the month that application for renewal is made to the FAA.
    The FAA is also proposing to revise Sec.  61.199(a) to permit a 
military instructor to reinstate his or her expired flight instructor 
certificate by providing

[[Page 29740]]

a record showing that, within the previous six calendar months, the 
instructor passed a U.S. Armed Forces instructor pilot or pilot 
examiner proficiency check for an additional military rating. The FAA 
has accepted a flight instructor or examiner proficiency check 
conducted by the military to be equivalent to an FAA practical test for 
the purposes of issuing initial flight instructor certificates, adding 
ratings to existing flight instructor certificates, and for renewing 
flight instructor certificates. Allowing a flight instructor to 
reinstate his or her expired flight instructor certificate based on a 
military instructor proficiency check for an additional rating would be 
an extension of this precedent. Consistent with the existing 
requirements for reinstatement, a military instructor seeking to 
reinstate his or her certificate under the proposed provision would not 
be required to take an additional knowledge test.
    The expiration date of the reinstated flight instructor certificate 
would be 24 calendar months from the date of the proficiency check (as 
opposed to the date of the application). In addition, the FAA would 
require the applicant to apply for reinstatement within 6 calendar 
months of the proficiency check. The FAA believes that this would 
provide the applicant adequate time to schedule an appointment with 
either an FAA Aviation Safety Inspector or designee authorized to issue 
a flight instructor certificate based on military competence. Allowing 
the applicant 6 calendar months to apply for the reinstatement 
following the proficiency check is consistent with the 6-calendar-month 
allowance described in SFAR 100-2.\83\ The 6-calendar-month requirement 
also ensures that FAA resources are being expended on a certificate 
that will at least be valid for 18 calendar months following the date 
of issuance.
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    \83\ The FAA notes that SFAR 100-2 addresses applicants who are 
unable to make a timely application due to being assigned outside 
the United States in support of U.S. Armed Forces operations. Under 
that provision, an applicant may meet any of the renewal 
requirements listed in Sec.  61.197(a) to reinstate an instructor 
certificate. The proposed rule, however, would only permit 
reinstatement based on successful completion of a military 
proficiency check to add a military instructor rating but would 
apply to an applicant without regard to the location of their 
assigned duty.
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    The FAA is also proposing to add a temporary provision to Sec.  
61.199 (new paragraph (c)) that would allow military instructors who 
obtained their initial flight instructor certificate under subpart H to 
reinstate that instructor certificate based on military competence 
rather than by completing a practical test. Currently, those military 
instructors with an expired instructor certificate (that was obtained 
under subpart H) may only reinstate that certificate through an 
additional practical test. This situation is in contrast to military 
instructors that have never held a flight instructor certificate issued 
under subpart H who have the ability to receive an initial instructor 
certificate based on their military activity, even though their 
military activity may have been prior to the military activity of the 
individual that holds an expired instructor certificate. As noted 
previously, the FAA has received commentary that this situation, 
resulting from the current regulations, is inequitable.
    This proposed temporary provision would provide a reinstatement 
method for military instructors and examiners who allowed their FAA 
instructor certificates to expire before the regulations permitted them 
to add a rating based on military instructor competence. This temporary 
provision in Sec.  61.199(c) would allow for a military instructor or 
examiner that meets the following requirements to obtain a reinstated 
flight instructor certificate. As proposed, a military instructor or 
examiner who obtained his or her FAA flight instructor certificate 
before October 20, 2009 (the effective date of the current regulations 
that allow for the issuance of a flight instructor certificate based on 
military competence), would be required to: (1) Provide a record 
demonstrating that, since the initial flight instructor certificate was 
issued, the person passed a U.S. Armed Forces instructor or pilot 
examiner proficiency check for an additional military rating; and (2) 
pass the MCI knowledge test within 24 calendar months preceding the 
date of application for reinstatement. The FAA believes that requiring 
the applicant to pass the knowledge test ensures that the person has 
demonstrated recent knowledge of the areas found in the MCI test and is 
consistent with the requirements for a person seeking an initial flight 
instructor certificate based on military competence.
    The temporary provision in Sec.  61.199(c), as proposed, would 
remain in effect for one year to provide a military instructor or 
examiner with an expired FAA instructor certificate issued under 
subpart H enough time to reinstate their certificate based on military 
competence. The FAA believes that one year is a sufficient time frame 
to allow those individuals who would be affected by the provision to 
apply for a reinstated instructor certificate.

H. Use of Aircraft Certificated in the Restricted Category for Pilot 
Flight Training and Checking

Training and/or Checking in Restricted Category Aircraft
    Basic certification requirements under 14 CFR part 21 state that an 
applicant is entitled to a type certificate for an aircraft in the 
restricted category for special purpose operations if the applicant 
shows that no feature or characteristic of the aircraft makes it unsafe 
when it is operated under the limitations prescribed for its intended 
use.\84\ Additionally, the aircraft: (1) Must meet the airworthiness 
requirements of an aircraft category except those requirements that the 
FAA finds inappropriate for the special purpose for which the aircraft 
is to be used; or (2) is of a type that has been manufactured in 
accordance with the requirements of and accepted for use by, an Armed 
Force of the United States and has been later modified for a special 
purpose. 14 CFR 21.25(a). Special purpose operations \85\ for 
restricted category aircraft are outlined in 14 CFR 21.25(b) and 
include, agricultural operations, forest and wildlife conservation; 
aerial surveying (photography, mapping, and oil and mineral 
exploration); patrolling (e.g., pipelines, power lines, and canals); 
weather control (e.g., cloud seeding); aerial advertising (skywriting, 
banner towing, airborne signs and public address systems); and any 
other operation specified by the FAA.\86\
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    \84\ The applicant must also show that the aircraft complies 
with the applicable noise requirements under 14 CFR part 36.
    \85\ Already approved other special purpose operations under 
Sec.  21.25(b)(7) are listed and further explained in FAA Order 
8110.56 (as amended), Chapter 5.
    \86\ Criteria for the approval of ``any other operation 
specified by the FAA'' is outlined in FAA Order 8130.2 (as amended), 
paragraph 408h.
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    The special purpose operation for which the FAA certificates a 
restricted category aircraft is set forth in the ``Certification 
Basis'' section of the Type Certificate Data Sheet. This section will 
list the applicable special purpose operation(s) as described in Sec.  
21.25(b) and provides the only operations for which the restricted 
category aircraft can be utilized.
    Section 91.313 places express limitations on the operations that 
may be conducted in a restricted category aircraft. The FAA first 
proposed regulations establishing the operating limitations of aircraft 
certificated in the restricted category in an NPRM on January 18, 1964. 
29 FR 477. In the preamble, the FAA explained that it was

[[Page 29741]]

placing limitations on the use of restricted category aircraft because 
the airworthiness certification standards for these aircraft are not 
designed to provide the same level of safety that is required for 
aircraft certificated in the standard category. The final rule was 
published on February 18, 1965. 30 FR 2531.
    Section 91.39, later recodified as Sec.  91.313,\87\ provided ``no 
person may operate a restricted category civil aircraft for any purpose 
other than the special purpose for which it is certificated'' or ``in 
an operation other than one necessary to accomplish the work activity 
directly associated with that special purpose.'' In 1968, the FAA 
revised Sec.  91.39 to permit restricted category aircraft to be used 
to train flightcrew members in the special purpose operation for which 
the aircraft was certificated. 33 FR 12826 (September 11, 1968).
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    \87\ The FAA recodified part 91 in 1989. 54 FR 34308 (August 18, 
1989). No further amendments have been made since that time.
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    The FAA recently determined that the operating limitations set 
forth in Sec.  91.313 restrict operators from conducting flights 
necessary for their PICs to obtain the type rating designations 
required by Sec.  61.31(a). Practical tests for the addition of a type 
rating designation to a pilot certificate, training in preparation for 
such practical tests, or other flights necessary for the conduct of 
such practical tests (such as observations required for designated 
pilot examiner designation and surveillance) are outside the scope of 
the special purpose operation(s) for which these restricted category 
aircraft are certificated and not allowed under Sec.  91.313.
    The FAA recognizes that this determination creates a regulatory 
barrier for operators seeking to conduct flights to meet the type 
rating requirements of Sec.  61.31 when a standard category aircraft in 
the same category, class, and type is not reasonably available to the 
operator. Several models of surplus military aircraft have entered 
service as civil aircraft certificated in the restricted category. 
Additionally, civil aircraft previously certificated in the standard or 
transport category have been modified to take advantage of new 
technologies or modified to add equipment designed to specifically 
perform a mission covered by the special purpose operations outlined in 
Sec.  21.25(b). The FAA has certificated these aircraft in the 
restricted category under new type certificates. There are multiple 
examples of aircraft certificated in the restricted category for which 
there is no equivalent standard category aircraft including the civil 
model CH-47D, the Lockheed P-2 Neptune (P2V), and the Air Tractor AT-
802A.
    After the FAA informed operators that flights pertaining to pilot 
certification were not expressly permitted by Sec.  91.313, several 
operators applied for an exemption to this section. These petitions for 
exemption sought relief to conduct pilot training for certification, 
practical tests (for type rating designations), and PIC proficiency 
checks required by Sec.  61.58 in aircraft certificated in the 
restricted category.
Petitions for Exemption
    On January 13, 2015, Billings Flying Service (Billings), a part 119 
certificate holder authorized to conduct operations under parts 133, 
135, 137, and 91 petitioned the FAA for an exemption from Sec.  
91.313(a) \88\ to allow proficiency training, practical tests, or other 
flights necessary for its pilot employees to obtain a type rating 
designation in the S-61A and CH-47D rotorcraft.\89\ Billings explained 
that it supports the United States government in fire suppression 
operations which requires training and check flights for its pilots. 
Pilots operating these aircraft for Billings are subject to the type 
rating requirements and proficiency check requirements prescribed in 
Sec. Sec.  61.31 and 61.58.
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    \88\ Billings also requested relief from Sec.  91.313(b) which 
allows an operator to consider flightcrew member training for the 
special purpose operation for which the aircraft is certificated to 
be an operation for that special purpose. The FAA determined that 
since Billings will not be conducting training directly related to 
the special purpose under this exemption but rather will be 
conducting training and testing necessary for certification, relief 
from Sec.  91.313(b) was not required.
    \89\ Docket No. FAA-2015-0104. Exemption No. 11180.
---------------------------------------------------------------------------

    In its petition, Billings stated that it has conducted training and 
proficiency checks for many years, and that such operations are safe, 
present no additional risk to the public, and are in the public 
interest. Billings further noted that it would perform no additional 
maneuvers or operations, above what it had conducted in the past, and 
that the training would be in the same location for training previously 
used by Billings. The petitioner asserted that conducting these same 
operations, including those that would be under the oversight of an FAA 
Designated Pilot Examiner, Aviation Safety Inspector, or Pilot 
Proficiency Examiner, present no additional risk and are in the public 
interest.
    The relief granted in the exemption allowed Billings to operate a 
restricted category aircraft for a practical test necessary for its 
pilots to obtain a type rating designation as required by Sec.  61.31. 
In addition, the exemption allowed Billings to train pilots in 
preparation for these practical tests. The FAA limited this relief to 
those pilots employed by Billings who will participate in a special 
purpose operation for which the listed aircraft are certificated. The 
exemption also granted relief for any flights necessary to designate a 
designated pilot examiner in the aircraft types in order to conduct 
these practical tests.
    The FAA noted that, although Sec.  91.313 does not allow restricted 
category aircraft to be used for training for certification and the 
practical test for type ratings, this restriction does not extend to 
proficiency checks accomplished by those pilots that already hold the 
requisite type rating and whose duties are to perform a special purpose 
operation authorized by Sec.  91.313(a). These flights, such as flights 
needed to satisfy the PIC proficiency checks required by Sec.  61.58 
(and associated pilot proficiency examiner observations), are 
considered necessary to accomplish the work activity directly 
associated with the aircraft's special purpose.
    In addition to providing relief from Sec.  91.313(a), the FAA found 
that an exemption from Sec.  91.313(c) was required for Billings to 
conduct the operations described in the petition. Section 91.313(c) 
prohibits a person from operating a restricted category civil aircraft 
carrying persons or property for compensation or hire. An operation 
that involves the carriage of persons or material necessary to 
accomplish the special purpose and an operation for the purpose of 
providing flight crewmember training in the special purpose operation 
are not considered to be the carriage of persons or property for 
compensation or hire.
    A recent legal interpretation by the FAA recognizes an instructor 
who is being paid to provide flight training in an aircraft is 
operating the aircraft for compensation or hire regardless of whether 
he or she is acting as pilot in command.\90\ The same principle applies 
to designated pilot examiners providing practical tests. The FAA did 
not intend to restrict Billings from providing compensation to those 
instructors providing training or examiners conducting practical tests 
in the aircraft covered under the exemption. However,

[[Page 29742]]

the exemption limited Billings to conducting such flights for the 
purpose of training pilots who will be conducting special purpose 
operations on behalf of the operator, or, in the case of a designated 
pilot examiner, will be conducting practical tests for the operator's 
pilots.
---------------------------------------------------------------------------

    \90\ Legal Interpretation to Gregory Morris (October 7, 2014) 
(pertaining to limited category aircraft).
---------------------------------------------------------------------------

    Subsequent to the grant of relief for Billings, the FAA received 
and granted several other petitions for exemption from Sec.  91.313(a) 
and (c).\91\
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    \91\ Petitioners include, but are not limited to, AAR Airlift 
Group, Inc. Docket No. FAA-2011-1270), Neptune Aviation Services 
(Docket No. FAA-2015-0073), Aero-Flite, Inc. (Docket No. FAA 2015-
0543), Airborne Support Inc. (Docket No. FAA-2015-0110), 
Construction Helicopters, Inc. DBA CHI Aviation (Docket No. FAA-
2015-0127), Sikorsky Aircraft Corporation (Docket No. FAA-2013-
0476), and Withrotor Aviation (Docket No. FAA-2015-0123).
---------------------------------------------------------------------------

Proposed Rule Change
    The FAA believes that, under certain conditions, it would be 
appropriate to permit owners/operators of aircraft certificated in the 
restricted category to operate those aircraft for the purpose of 
providing pilot training and testing that leads to a type rating 
designation required by Sec.  61.31(a) (and an ATP certificate \92\ 
obtained concurrently with a type rating). This training and testing 
would be limited to pilots employed by an operator to perform the 
special purpose operation identified on the restricted category 
aircraft's Type Certificate Data Sheet. The FAA is also proposing to 
allow flights to be conducted in restricted category aircraft for the 
purpose of designating examiners and training center evaluators and 
qualifying FAA inspectors in the aircraft type and conducting oversight 
and observation of designated examiners and training center evaluators. 
As proposed in Sec.  91.313(h), operators of restricted category 
aircraft would be permitted to conduct these operations by obtaining a 
letter of deviation authority (LODA) from the existing limitations in 
Sec.  91.313. This process would be similar to the provision currently 
found in Sec.  91.319(h) for aircraft certificated in the experimental 
category.\93\
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    \92\ The applicant would need to meet all applicable 
requirements of part 61 and successfully pass the practical test in 
accordance with the ATP Practical Test Standards for the applicable 
category and class, as appropriate.
    \93\ Section 91.319(h) allows the FAA to issue deviation 
authority to operators providing flight training for compensation or 
hire in experimental aircraft.
---------------------------------------------------------------------------

    The proposed Sec.  91.313(h) would allow operators of restricted 
category aircraft to obtain a LODA for the purpose of conducting pilot 
training and testing that leads to a type rating designation required 
by Sec.  61.31(a). As proposed, the LODA would permit operators to 
train and test only pilots employed by the operator who hold at least a 
commercial pilot certificate with the appropriate category and class 
ratings for the aircraft type. The FAA believes that requiring pilots 
to hold category and class ratings prior to the type rating practical 
test is appropriate because it would resolve the current regulatory 
obstacle faced by operators who need to provide their pilots with the 
proper ratings to perform special purpose operations while ensuring 
that historical limitations on the use of restricted category aircraft 
remain in place. As noted, the FAA has long acknowledged that 
restricted category aircraft ``may not meet the airworthiness standards 
of standard category aircraft.'' Because of the special nature of the 
intended usage of these aircraft, the airworthiness certification 
standards for them are not designed to provide the same level of safety 
that is required for aircraft certificated in the standard category and 
the operating limitations set forth in Sec.  91.313 are designed to 
compensate for this and provide the necessary level of safety for 
special purpose operations. 30 FR 2531 (February 18, 1965).
    Because of these airworthiness considerations, the FAA finds it 
necessary to limit the additional restricted category operations to 
those that are described in this proposal. The FAA finds that the 
proposal would permit the flights that can only be conducted in a 
restricted category aircraft. Other flights, such as obtaining a 
commercial pilot certificate or adding a category and/or class rating, 
can be conducted in an aircraft with other airworthiness certificate 
categories (e.g., standard category). The FAA finds that operations 
which can be accomplished in aircraft that have an airworthiness 
certificate outside of the restricted category should not be permitted 
by Sec.  91.313.
    In addition, proposed Sec.  91.313(h) would permit the FAA to 
provide deviation authority to conduct operations in restricted 
category aircraft that are necessary to designate examiners and 
training center evaluators and qualify aviation safety inspectors in 
the aircraft type and provide continuing oversight and observation of 
designees and training center evaluators. These flights would enable 
the FAA to conduct the appropriate practical tests for operators and 
ensure that the FAA fulfills its obligations to ensure that designees 
and FAA inspectors are performing their duties appropriately.
    As proposed in Sec.  91.313(h)(4), an operator would be required to 
submit a request for deviation authority in a form and manner 
acceptable to the Administrator at least 60 days before the intended 
operations would be conducted. Although the FAA will provide additional 
guidance on the process for obtaining a LODA, the FAA anticipates 
that--as with LODAs for experimental aircraft--an operator would submit 
a request for deviation authority to the Flight Standards District 
Office having jurisdiction over the location where the requested 
training would take place.
    The application for a LODA under proposed Sec.  91.313(h) would 
include:
     A letter identifying the name and address of the applicant 
which includes the name and contact information of the person 
responsible for the operation, and details of the type of training and/
or checking to be conducted;
     A description of each aircraft, FFS, FTD, or ATD used in 
any associated training (if applicable). This information would include 
the specific aircraft make(s), and model(s), and type (if applicable) 
by N-number, to be utilized;
     An aircraft configuration analysis including, but not 
limited to, flight deck, flight manual, operating limitations, required 
placards, and procedures.
     The qualifications and current employment status of the 
applicant for which the training and/or checking is needed.
    If an operator obtains a LODA, the training and testing for a type 
rating would be conducted consistent with existing requirements in part 
61. Specifically, the flight training must be conducted by an 
appropriately rated flight instructor in accordance with the 
requirements set forth for type ratings in Sec. Sec.  61.63(d) or 
61.157(b). Additionally, the pilot would be required to complete the 
practical test consistent with the standards outlined in the Practical 
Test Standards with a designee or FAA inspector who holds the 
appropriate authority. For this reason, the operator would be required 
to demonstrate during the application process that, as configured, the 
restricted category aircraft is capable of performing all required 
procedures and maneuvers necessary to meet the requirements of the 
applicable aircraft type rating practical test standards.
    If the operator is granted deviation authority, the operator would 
be permitted to provide pilot flight training and/or testing in their 
restricted category aircraft consistent with the

[[Page 29743]]

authority provided in the LODA.\94\ As such, the LODA issued via 
WebOPSS would outline the specific training and testing functions that 
are authorized.\95\ The FAA notes that LODAs are issued to specific 
operators not to individual aircraft. If an operator leases a 
restricted category aircraft to another operator, then both operators 
must hold a LODA to conduct flight training and testing for pilots 
employed to perform a special purpose operation. Additionally, an 
operator would be required to demonstrate that the executed lease 
agreement meets the requirements pertaining to operational control 
under part 91.
---------------------------------------------------------------------------

    \94\ If the FAA has sufficient designees rated in a particular 
aircraft type, it may not be necessary to issue authority in an 
operator's LODA to conduct flights necessary to accomplish designee 
qualification, oversight and observation.
    \95\ WebOPSS is a web-based program for issuance of FAA 
authorizing documents to certificate holders and miscellaneous 
operators.
---------------------------------------------------------------------------

    This proposed provision is not intended to allow operators to 
establish training schools utilizing restricted category aircraft for 
the purpose of issuing type ratings. Operators would only be granted 
deviation authority to conduct this training and testing for pilots 
that are employed by the operator and only when a type rating is 
required to complete the appropriate special purpose operation for 
which the aircraft was certificated and the operator is actively 
engaged in performing.
    In addition to establishing a LODA process under proposed paragraph 
(h), the FAA is also proposing to revise Sec.  91.313(b) to make clear 
that PIC proficiency checks and recent flight experience in a 
restricted category aircraft are permitted under Sec.  91.313(a) when 
pilots hold the appropriate category, class, and type ratings and are 
employed by the operator to perform a special purpose operation. Under 
the proposal, properly rated pilots employed by the operators would be 
permitted to accomplish Sec.  61.58 proficiency checks and recent 
flight experience requirements set forth in Sec.  61.57. Additionally, 
the FAA is proposing to add relocation flights for maintenance to the 
list of operations considered necessary to accomplish the work activity 
directly associated with the special purpose operation. The FAA notes 
that other types of flight events not expressly allowed by the 
regulation would not be permitted and would require an exemption from 
the regulation.\96\
---------------------------------------------------------------------------

    \96\ Operators would still be permitted to conduct operations 
necessary to accomplish the work activity directly associated with 
the special purpose operation. In the 1965 final rule, the FAA 
provided examples of such operations which included allowing a 
farmer to conduct a flight for the purpose of showing which fields 
should be dusted or transportation of an insurance agent, surveyor, 
or inspector to the site of a special purpose operation. The FAA 
would also consider a flight conducted to relocate an aircraft to an 
area of a special purpose operation to be an operation necessary to 
accomplish the special purpose operation.
---------------------------------------------------------------------------

    The FAA has also proposed a change to Sec.  91.313(c) to ensure 
that instructors providing flight training and designees conducting 
practical tests under a LODA may accept compensation for these 
operations. Likewise, the FAA is proposing to revise Sec.  91.313(d) to 
permit persons to be carried on restricted category aircraft if 
necessary to accomplish a flight authorized by LODA under paragraph 
(h).
    Currently, if an operator desires to conduct any operation outside 
of the special purpose operation(s) for which the aircraft was 
certificated, the operator is required to submit a petition for 
exemption. Requirements for how to submit a petition for exemption and 
what information must be included in the submission are outlined in 14 
CFR 11.63 and 11.81 respectively. Additionally, in accordance with 
Sec.  11.63, the operator is required to submit the petition for 
exemption 120 days prior to the need for the exemption to take effect. 
If approved, the petition for exemption may have conditions and 
limitations that will require ongoing interaction between the operator 
and the FAA. If this rule is finalized as proposed, the requirement to 
submit a request for a LODA locally to the Flight Standards District 
Office will relieve the operator of the burden of petitioning the FAA 
for exemption. The LODA process would enable an operator to obtain 
approval at the local Flight Standards District Office and would reduce 
the time requirements associated with filing a petition for exemption.

I. Single Pilot Operations of Former Military Airplanes and Other 
Airplanes With Special Airworthiness Certificates

    Section 91.531(a) prohibits a person from operating certain 
airplanes without a pilot who is designated as SIC. This restriction 
applies to large airplanes,\97\ turbojet-powered multiengine airplanes 
for which two pilots are required under the type certification 
requirements for that airplane, and certain commuter category 
airplanes. The Administrator may issue LOAs for the operation of an 
airplane without an SIC ``if that airplane is designed for and type 
certificated with only one pilot station.'' 14 CFR 91.531(b).
---------------------------------------------------------------------------

    \97\ Under 14 CFR 1.1, a large aircraft means an ``aircraft of 
more than 12,500 pounds, maximum certificated takeoff weight.''
---------------------------------------------------------------------------

    Certain former military aircraft and some experimental aircraft 
were designed to be flown by one pilot. Notwithstanding this fact, 
these airplanes are currently required to have an SIC in accordance 
with Sec.  91.531(a) because they qualify as large airplanes. 
Furthermore, because these airplanes are not type certificated, they 
are not eligible for an LOA under Sec.  91.531(b). Under the express 
language of the regulation, to obtain an LOA, the airplane must be both 
``designed for and type certificated with only one pilot station.'' 
\98\
---------------------------------------------------------------------------

    \98\ Section 91.531 was originally promulgated as Sec.  91.213 
(37 FR 14758; July 25, 1972). In 1989, part 91 was reorganized and 
Sec.  91.213 was recodified as Sec.  91.531. In the preamble to the 
final rule establishing Sec.  91.213, the FAA stated that ``to 
accommodate those airplanes having only one pilot station, such as 
former military airplanes certificated for special operations, Sec.  
91.213 as adopted permits an airplane having only one pilot station 
to be operated under an authorization from the Administrator'' (37 
FR 14762). Despite the express language of the rule, the preamble to 
the final rule did not distinguish between type certificated and 
non-type certificated former military airplanes designed for one 
pilot operations. The FAA does not believe that the rule's original 
intent was to preclude single pilot operations in former military 
aircraft that were designed for single pilot operations but which 
are not type-certificated. In addition, the FAA does not believe 
that single pilot operations should be precluded in some large 
experimental airplanes that are not type-certificated and that were 
not commonplace when Sec.  91.213 was established.
---------------------------------------------------------------------------

    On April 10, 2012, Experimental Aircraft Association, Warbirds of 
America, petitioned the FAA for an exemption from Sec.  91.531 to 
permit the operation of large airplanes that possess special 
(experimental) airworthiness certificates that have been designed with 
only one pilot station, but which are not type-certificated, to be 
operated without a pilot who is designated as SIC.\99\
---------------------------------------------------------------------------

    \99\ www.regulations.gov; Docket No. FAA-2012-0406.
---------------------------------------------------------------------------

    On July 20, 2012, the FAA granted this exemption from Sec.  
91.531(a)(1) to allow members of the Experimental Aircraft Association, 
Warbirds of America, to operate certain large airplanes without an SIC. 
The FAA granted relief from Sec.  91.531(a) for pilots operating: (1) 
The ``trainer'' versions of former military airplanes originally 
designed with one pilot station, but which were modified with a second 
pilot (instructor) station merely for the purpose of pilot training; 
and (2) former military aircraft that had a single pilot station and a 
required non-pilot flightcrew member station. In support of the relief 
provided in the exemption, the FAA stated that these airplanes were 
approved by the military to be flown with only one pilot. These 
airplanes are maintained, operated, and inspected in

[[Page 29744]]

accordance with operating limitations issued by the FAA under Sec.  
91.319(i) that set forth specific conditions for their safe operation. 
In addition, the pilots are required to demonstrate proficiency through 
practical testing that includes oral and flight testing specific to the 
particular airplane operated.
    The FAA is proposing to revise Sec.  91.531(b) to allow certain 
large airplanes that are not type-certificated to be operated without a 
pilot who is designated as SIC, provided that those airplanes: (1) Were 
originally designed with only one pilot station; or (2) were originally 
designed with more than one pilot station for purposes of flight 
training or for other purposes, but were operated by a branch of the 
United States Armed Forces or the armed forces of a foreign contracting 
State to the Convention on International Civil Aviation with only one 
pilot.\100\ The manufacturer's technical order for the airplane would 
indicate that the airplane was originally designed or modified to be 
flown with one pilot in accordance with Sec.  91.9.
---------------------------------------------------------------------------

    \100\ For example, the F-15 has been designed with a single seat 
(models A and C). Other F-15s have been designed with a second seat 
behind the pilot for training (models B and D) or a seat behind the 
pilot for a weapons system officer that may have a second set of 
flight controls (model E). Despite the fact that there are models 
that are designed with a second pilot station, all F-15s are 
designed to be operated by a single pilot.
---------------------------------------------------------------------------

    The proposed amendment to Sec.  91.531 would also reorganize the 
section by placing all affirmative requirements in paragraph (a) and 
all exceptions thereto in paragraph (b). Related amendments to Sec.  
91.531, as proposed, would also eliminate inconsistencies, 
redundancies, and obsolete provisions, including the language currently 
found at paragraph (a)(2) and paragraph (d) of this section. By virtue 
of the airplane type certificate, large airplane, or commuter category 
crew requirements, the rule would now capture all circumstances when an 
SIC is required and the specific circumstances when an exception 
applies. The FAA notes that the affirmative requirement for an SIC on a 
multiengine turbojet aircraft at current paragraph (a)(2) is captured 
by the proposed amendment to Sec.  91.531(a)(1) and therefore no longer 
needs to be listed separately.
    The proposed amendment to Sec.  91.531(a)(1) would clarify that the 
requirement for an SIC is determined by the minimum flightcrew 
requirements established in the operating limitations of the aircraft 
flight manual or the type certificate data sheet--regardless of whether 
the airplane is large or small. The existing SIC requirement for large 
airplanes, which would be reflected at Sec.  91.531(a)(2) as proposed, 
remains necessary because some older airplanes do not contain minimum 
flightcrew requirements in the operating limitations of the aircraft 
flight manual or the type certificate data sheet.\101\ The FAA 
continues to believe that large airplanes should be operated with an 
SIC unless the airplane has been type-certificated for single pilot 
operations. The FAA is proposing to revise the language in Sec.  
91.531(a)(2) to clarify that an SIC is required for large airplanes 
when the minimum flightcrew requirements are not included in the type 
certification of the airplane. The proposed revision would provide the 
necessary flexibility, in the event that the Aircraft Evaluation Group 
of the FAA determines a particular large airplane type could be flown 
safely without a SIC and adjusts the type certification requirements 
for that large airplane accordingly.\102\
---------------------------------------------------------------------------

    \101\ For example, the Lockheed L-18 Loadstar, Douglas DC-3, and 
the Ford 5AT Tri-Motor are large airplanes for which the type 
certification does not specify a minimum crew complement.
    \102\ The Embraer 505, SyberJet 30, and Cessna Citation 550 are 
examples of large airplanes that have been type certificated for 
operation without a SIC.
---------------------------------------------------------------------------

    As proposed, the FAA would eliminate the need for pilots to obtain 
an LOA under Sec.  91.531(b) to operate large airplanes designed for 
single pilot operation without an SIC. The FAA believes that an LOA is 
unnecessary due to pilot certification requirements and aircraft 
operating limitations in Sec.  91.319(i).
    For example, to fly a large former military or experimental 
airplane, the PIC must first hold either a type rating (if the airplane 
is type certificated) or an experimental aircraft authorization (if the 
airplane is not type certificated). These type ratings and 
authorizations are reflected on a person's pilot certificate after 
successful completion of the requisite practical test. In the case of 
former military and experimental airplanes designed for operation by a 
single pilot, a type rating or experimental aircraft authorization on a 
pilot certificate is evidence that the pilot has demonstrated to the 
FAA during a practical test or evaluation that he or she is competent 
to fly the airplane without an SIC.
    The FAA believes the current requirement to obtain an LOA for 
operation of these airplanes with a single pilot, in addition to the 
authorization on the pilot certificate, creates a redundancy without a 
demonstrable benefit. Therefore, rulemaking is appropriate to remove 
the redundant provision requiring an LOA for operational purposes and 
to allow these airplanes to be flown in single pilot operations. The 
FAA further notes that these airplanes must be flown in accordance with 
any applicable operating limitation, including any limitation issued 
pursuant to the provisions of Sec. Sec.  91.319 and 91.9.
    As proposed, pilots seeking to operate these airplanes (that are 
not type certificated) as a single pilot would still be required to 
obtain a temporary LOA from the FAA allowing the pilot to serve as PIC, 
if necessary, for completion of the practical test. Once the pilot 
completes the practical test successfully, the examiner would update 
the pilot certificate to reflect the authorization to operate these 
airplanes as a single pilot. Based on this proposal, the FAA believes 
the current requirement in Sec.  91.531(b) to obtain a permanent LOA 
for operational purposes is no longer necessary with regard to large 
airplanes or turbojet-powered multiengine airplanes since the 
authorization is reflected on the pilot certificate. The FAA notes 
further that since the type certificate for commuter category airplanes 
referenced in current Sec.  91.531(a)(3) permits single pilot 
operations, an LOA is not necessary.

J. Technical Correction and Nomenclature Change

    While considering the regulatory changes proposed in this 
rulemaking, the FAA became aware of the need for a technical correction 
in appendix I to part 141, additional Aircraft category and/or class 
rating course. In paragraph (k), course for an airplane additional 
multiengine class rating, subparagraph (2) discussing the requirements 
for the commercial pilot certificate, the FAA noted that two paragraphs 
are currently designated (iv):

    (iv) One 2-hour cross country flight during nighttime conditions 
in a multiengine airplane and, a total straight-line distance of 
more than 100 nautical miles from the original point of departure; 
and
    (iv) Three hours of flight training in a multiengine airplane 
within 2 calendar months before the date of the practical test.

    The FAA is proposing to correct this typographical error to 
renumber the paragraphs as (k)(2)(iv) and (k)(2)(v), respectively.
    Further, while considering these regulatory changes, the FAA noted 
that the nomenclature regarding flight simulators has changed. The 
definition as found in Sec.  1.1 references a ``full flight simulator'' 
whereas the regulations often use the older nomenclature ``flight 
simulator.'' Therefore, in the sections

[[Page 29745]]

the FAA has determined need to be revised as part of the proposed rule, 
the FAA is also proposing to remove the words ``flight simulator'' 
wherever they appear and replace them with the words ``full flight 
simulator.''

IV. Discussion of Proposed Effective Dates for Rule Provisions

    The FAA recognizes that many of the provisions in this rule are 
relieving and others are voluntary. If this rule is finalized as 
proposed, the FAA will work to ensure that the amendments which would 
provide regulatory relief and flexibility become effective as soon as 
practicable, while ensuring that persons seeking to benefit from the 
relief, as well as the FAA, have adequate time to prepare for 
implementation of the changes that would be finalized. The following 
discussion summarizes the FAA's proposal for when the various 
amendments included in this proposed rule would become effective. As 
explained, each proposed amendment would be effective either 30, 60 or 
180 days after publication of the final rule in the Federal Register, 
depending on the type and scale of implementation needed for persons to 
begin complying with the amended requirements.

Provisions Proposed To Be Made Effective 30 Days After Date of 
Publication of a Final Rule

    The FAA proposes that the following provisions be made effective 30 
days after publication of any final rule associated with this NPRM. By 
making these provisions effective 30 days after the date of publication 
in the Federal Register, the FAA intends to ensure that regulatory 
relief for provisions that do not require specific Principal Operations 
Inspector approval, training, or significant changes to occur are 
implemented as quickly as possible. By making the proposed definitions 
in Sec.  61.1 effective at this time, the FAA would ensure clarity of 
future regulatory provisions and alleviate potential confusion. The FAA 
proposes a 30-day effective date for the following provisions:

 All proposed definitions that would be added to Sec.  61.1
 Proposed substantive and clarifying amendments to Sec.  
61.51(g)(4)-(5) regarding instructor requirement when using an FFS, 
FTD, or ATD to complete instrument recency experience
 Proposed amendments to Sec. Sec.  61.57(c) and 135.245 
regarding instrument experience requirements
 Proposed amendments to Sec.  61.195(b)-(c) regarding flight 
instructors with instrument ratings only
 Proposed amendment to Sec.  61.99 and addition of Sec.  
61.109(l) regarding credit for training obtained as a sport pilot
 Proposed amendment to Sec.  141.5(d) regarding pilot school 
use of special curricula courses for renewal of certificate
 Proposed substantive amendment to Sec.  91.531 regarding 
single pilot operations of former military airplanes and other 
airplanes with special airworthiness certificates and clarifying 
amendments
 Proposed typographical correction to appendix I to part 141

Provisions Proposed To Be Made Effective 60 Days After Date of 
Publication of a Final Rule

    The FAA proposes that the following provisions be made effective 60 
days after publication of any final rule associated with this NPRM. By 
making these provisions effective 60 days after the date of publication 
in the Federal Register, the FAA intends to ensure that regulatory 
relief for provisions requiring some additional implementation time for 
the issuance and implementation of agency guidance, or for FAA 
Principal Operations Inspectors to take action, is available as soon as 
practicable. The FAA proposes a 60-day effective date for the following 
provisions:

 Proposed substantive amendments to Sec.  61.129(a)(3)(ii) and 
appendix D to part 141 regarding the completion of commercial pilot 
training and testing in technically advanced airplanes and clarifying 
amendment to Sec.  61.129(b)(3)(ii)
 Proposed amendments to Sec. Sec.  61.412, 61.415(h) and 
91.109(c) regarding sport pilot flight instructor training privilege
 Proposed amendments to Sec. Sec.  61.197 and 61.199 regarding 
military competence for Flight Instructors

Provisions Proposed To Be Made Effective 180 Days After Date of 
Publication of a Final Rule

    The FAA proposes that the following provisions be made effective 
180 days after publication of any final rule associated with this NPRM. 
By making these provisions effective 180 days after the date of 
publication in the Federal Register, the FAA is acknowledging that 
these provisions are more complex to implement and will necessitate 
more extensive action by FAA Principal Operations Inspectors. These 
provisions affect part 119 certificate holders conducting operations 
under parts 91, 121 and 135 and will take more coordination and review 
on the part of both certificate holders and the FAA. This will include 
the creation and issuance of an authorization by the FAA (i.e. an 
Operations Specifications paragraph that would be issued to the 
carrier) describing the criteria and actions required for the allowance 
under the rule. The FAA proposes a 180-day effective date for the 
following provisions:

 Proposed amendments to Sec. Sec.  61.39, 61.51(e)-(f), 
61.159(a) and (c), 61.161, and 135.99(c) regarding logging flight time 
as a second in command in part 135 operations
 Proposed amendments to Sec. Sec.  61.3(a), 63.3, 63.16, 
121.383(c) and 135.95 regarding temporary validation of flightcrew 
members' certificates
 Proposed amendments to Sec.  91.313 regarding use of aircraft 
certificated in the restricted category for pilot flight training and 
checking.

V. Advisory Circulars and Other Guidance Materials

    To further implement this notice of proposed rulemaking, the FAA is 
proposing to revise or create the following Advisory Circulars and FAA 
Orders.
    FAA Order 8900.1, Flight Standards Information Management System, 
Vol. 11, Chapter 10, Basic and Advanced Aviation Training Device, Sec. 
1, Approval and Authorized Use under 14 CFR parts 61 and 141 guidance 
concerning ATD's would also be revised.
    AC 135-PDP: This document would be a newly drafted AC (Part 135 SIC 
Professional Development Program) that would provide part 135 operators 
guidance on receiving FAA approval for training and qualifying pilots 
to act as an SIC and log that time for the ATP flight time 
requirements.
    AC 61-65, Certification: Pilots and Flight and Ground Instructors 
would be revised to include endorsements and guidance pertaining to the 
sport pilot provisions. This would include the recommended endorsement 
for qualifying a sport pilot only instructor to give basic instrument 
flight instruction to sport pilot candidates only.
    FAA Order 8900.1, Flight Standards Information Management System, 
Vol. 2, Air Operator, Air Agency Certification, Chapter 9, 
Certification of a Part 141 Pilot School guidance concerning pilot 
school 141 Special Curricula courses would be revised to permit those 
courses to be used for a pilot school to obtain a pilot school 
certificate.
    FAA Order 8900.1, Flight Standards Information Management System, 
Vol. 5, Airman Certification, Chapter 1, Direction, Guidance and 
Procedures for

[[Page 29746]]

Parts 121/135 and General Aviation, Sec. 7, Amendments to Certificates 
and Replacement of Lost Certificates guidance concerning temporary 
validation of flightcrew certificates would be revised to permit a 
certificate holder to obtain approval to provide a temporary document 
verifying a flightcrew member's airman certificate and medical 
certificate privileges under an approved certificate verification plan 
set forth in the certificate holder's operations specifications. FAA 
Order 8900.1, Flight Standards Information Management System, Vol. 5, 
Airman Certification, Chapter 2, Title 14 CFR part 61 Certification of 
Pilots and Flight Instructors, Sec. 15, Issue a Title 14 CFR part 61 
Pilot Certificate Based on Military Competence; and FAA Order 8900.2, 
General Aviation Airman Designee Handbook, Chapter 7, Designated Pilot 
Examiner Program, Sec. 19, Accomplish Designation/Issue Certificates as 
an ACR Employed Solely by a FIRC Sponsor, Paragraph 121, Flight 
Instructor Certificate and Ratings Issued on the Basis of Military 
Competence by an MCE and MC/FPE, and Paragraph 122, Certification of 
Graduates; and Sec. 20, Accomplish Designation/Conduct Functions as an 
MCE, FPE, MC/FPE, GIE, and FIRE, Paragraphs 123-127, Background, 
General Information for MCE, FPE, and MC/FPE Designations, Issuance of 
a U.S. Private Pilot Certificate and Ratings Based on Foreign Pilot 
Licenses, Pilot Certificates and Ratings Issued on the Basis of 
Military Competence by an MCE and MC/FPE, and Compliance with Other 
Provisions, respectively, guidance concerning flight instructor 
certificate renewal via military competence would be revised regarding 
the military flight instructor provisions included in this proposed 
rule.

VI. Section-By-Section Discussion of the Proposed Rule

    In part 61, certification: Pilots, flight instructors, and ground 
instructors, in Sec.  61.1, the definition of ``pilot time'' would be 
revised. New definitions would also be added to Sec.  61.1(b) for 
``aviation training device'' and ``technically advanced airplane.''
    Section 61.3(a) would be revised to permit a pilot flightcrew 
member to carry a temporary document provided by a part 119 certificate 
holder under an approved certificate verification plan as a required 
pilot certificate for operating a civil aircraft of the United States.
    Section 61.39 would be revised to add a provision that would 
require a pilot who has logged flight time under the SIC professional 
development program requirements of Sec.  61.159(c)(1) to present a 
copy of the records required by Sec.  135.63(a)(4)(vi) and (x) at the 
time of application for the practical test.
    Section 61.51(e) would be revised to allow the part 135 flight 
instructor serving as PIC to log all of the flight time as PIC flight 
time even when the SIC is the sole manipulator of the controls and is 
logging time in an operation that does not require an SIC by type 
certification of the aircraft or the regulations under which the flight 
is being conducted. Section 61.51(f) would be revised to reflect the 
allowance for SICs to log flight time in part 135 operations when not 
serving as required flightcrew members under the type certificate or 
regulations. Section 61.51(g) would also be revised to allow a pilot to 
accomplish instrument experience when using an FAA-approved FFS, FTD, 
or ATD without an instructor present.
    Section 61.57(c) would be revised to allow pilots to accomplish 
instrument experience in ATDs at the same 6-month interval allowed for 
FFSs and FTDs. In addition, the section would be revised to no longer 
require pilots, who opt to use ATDs for accomplishing instrument 
experience, to complete a specific number of additional instrument 
experience hours or additional tasks.
    Section 61.99 would be revised to allow flight training received 
from a sport pilot instructor who does not also hold a flight 
instructor certificate issued under the requirements in subpart H of 
part 61 to be credited towards a portion of the flight training 
requirements for a recreational pilot certificate with airplane, 
rotorcraft, or lighter-than-air categories.
    Section 61.109 would be revised by adding paragraph (l) to allow 
flight training received from a sport pilot instructor who does not 
also hold a flight instructor certificate issued under the requirements 
in subpart H of part 61 to be credited towards a portion of the flight 
training requirements for a private pilot certificate with airplane, 
rotorcraft, or lighter-than-air categories.
    Section 61.129(a)(3)(ii) would be revised to allow a pilot seeking 
a commercial pilot certificate with a single engine class rating to 
complete the 10 hours of training, currently required in a complex or 
turbine-powered airplane, to also be completed in a TAA. Coordinated 
revisions would be made in Sec.  61.129(b)(3)(ii) for clarity and 
consistency purposes only.
    Section 61.159(c)(1) would be revised to set forth the requirements 
for logging SIC pilot time in an operation that does not require an SIC 
by type certification of the aircraft or the regulations under which 
the flight is being conducted.
    Section 61.161 would be revised to permit flight time logged under 
an SIC PDP to be counted toward the 1,200 hours of total flight time 
required for an ATP certificate with a rotorcraft category helicopter 
class rating.
    Section 61.195 paragraphs (b) and (c) would be revised to permit a 
flight instructor who holds only an instrument rating to provide 
instrument training without being required to hold aircraft category 
and class ratings on his or her flight instructor certificate.
    Section 61.197(a)(2)(iv) would be revised to allow a military 
instructor who has passed a U.S. Armed Forces military instructor pilot 
proficiency check within the 24 calendar months preceding the month of 
application to be eligible to renew his or her FAA flight instructor 
certificate based on that proficiency check. The section would also be 
clarified to indicate that a flight instructor would be able to renew 
his or her certificate by providing a record demonstrating that, within 
the previous 24 calendar months, the instructor passed a military 
instructor pilot proficiency check for a rating that the instructor 
already holds or for a new rating.
    Section 61.199 would be revised to permit a military instructor to 
reinstate his or her flight instructor certificate by providing a 
record showing that, within the previous six calendar months, the 
instructor passed a U.S. Armed Forces instructor pilot or pilot 
examiner proficiency check for an additional military rating.
    Section 61.412 would be added to establish training and endorsement 
requirements for those sport pilot flight instructors who want to 
provide training for sport-pilot applicants on control and maneuvering 
solely by reference to the flight instruments.
    Section 61.415 would be revised by adding new paragraph (h) to 
clarify that a sport pilot instructor may not conduct flight training 
on control and maneuvering an aircraft solely by reference to the 
instruments in an airplane that has a Vh greater than 87 knots CAS 
without meeting the requirements in proposed Sec.  61.412.
    In part 63, certification: Flight crewmembers other than pilots, 
Sec.  63.3(a) would be revised to permit a flightcrew member to carry a 
temporary document provided by a part 119 certificate holder under an 
approved certificate verification plan as a required flight engineer 
certificate for operating a civil aircraft of the United States.
    Section 63.16 would be revised to update the process for 
replacement of a lost or destroyed airman certificate or medical 
certificate and to add a process

[[Page 29747]]

for replacement of a lost or destroyed knowledge test report.
    In part 91, general operating and flight rules, Sec.  91.109(c) 
would be revised to permit a sport pilot instructor who has obtained 
the proposed endorsement in Sec.  61.412 to serve as a safety pilot 
only for the purpose of providing flight training on control and 
maneuvering solely by reference to the instruments to a sport pilot 
applicant seeking a solo endorsement in an airplane with a Vh greater 
than 87 knots CAS.
    Section 91.313 would be revised to permit owners/operators of 
aircraft certificated in the restricted category to operate those 
aircraft for the purpose of providing pilot training and testing, to 
pilots employed by the operator to perform the special purpose 
operation, that leads to a type rating designation required by Sec.  
61.31(a) (and an ATP certificate obtained concurrently with a type 
rating). The section would also be amended to allow flights to be 
conducted in restricted category aircraft for the purpose of 
designating examiners and training center evaluators and qualifying FAA 
inspectors in the aircraft type and conducting oversight and 
observation of designated examiners and training center evaluators.
    Section 91.531 would be revised to allow certain large airplanes 
that are not type-certificated to be operated without a pilot who is 
designated as SIC, provided that those airplanes: (1) Were originally 
designed with only one pilot station; or (2) were originally designed 
with more than one pilot station for purposes of flight training or for 
other purposes, but were operated by a branch of the United States 
armed forces or the armed forces of a foreign contracting State to the 
Convention on International Civil Aviation with only one pilot. The 
section would also be revised to eliminate redundancies and reorganized 
for purposes of clarification by placing all affirmative requirements 
for a SIC in paragraph (a) and all exceptions thereto in paragraph (b).
    In part 121, operating requirements: domestic, flag, and 
supplemental operations, Sec.  121.383(c) would be revised to permit a 
certificate holder to obtain approval to provide a temporary document 
verifying a flightcrew member's airman certificate and medical 
certificate privileges under an approved certificate verification plan 
set forth in the certificate holder's operations specifications.
    In part 135, operating requirements: commuter and on demand 
operations and rules governing persons on board such aircraft, Sec.  
135.95 would be revised to permit a certificate holder to obtain 
approval to provide a temporary document verifying a flightcrew 
member's airman certificate and medical certificate privileges under an 
approved certificate verification plan set forth in the certificate 
holder's operations specifications.
    Section 135.99 would be revised to add paragraph (c) to permit a 
part 135 certificate holder to receive approval of an SIC professional 
development program via operations specifications (Ops Specs) in order 
to allow their pilots to log time as SICs in an operation that does not 
require an SIC by type certification of the aircraft or the regulations 
under which the flight is being conducted. The paragraph includes 
requirements related to the certificate holder, aircraft, and pilots 
involved. Section 135.99(d) would state that certificate holders who 
are authorized to operate as a basic operator, single PIC operator, or 
single pilot operator would not be permitted to obtain approval to 
conduct an SIC professional development program.
    Section 135.245 would be revised to remove the reference to part 61 
in Sec.  135.245(a) and move the current instrument experience 
requirements in Sec.  61.57(c)(1) and (2) to new Sec.  135.245(c).
    In part 141, pilot schools, Sec.  141.5(d) would be revised to add 
an end-of-course test for a special curricula course approved under 
Sec.  141.57 to the list of activities a pilot school may use for the 
FAA to issue a pilot school certificate.
    Appendix D to part 141, commercial pilot certification course, 
would be revised to allow commercial pilot certification courses to 
reflect the proposed relief in Sec.  61.129(a)(3)(ii) that would permit 
a pilot seeking a commercial pilot certificate with a single engine 
class rating to complete the 10 hours of training in one, or a 
combination of, a TAA, a complex airplane, or a turbine-powered 
airplane.
    Appendix I to part 141, additional aircraft category and/or class 
rating course, section 4, paragraph (k)(2) would be revised by 
renumbering two paragraphs, both of which are currently designated 
(iv).

VII. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, this Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this proposed rule. We suggest 
readers seeking greater detail read the full regulatory evaluation, a 
copy of which we have placed in the docket for this rulemaking.
    In conducting these analyses, FAA has determined that this proposed 
rule: (1) Has benefits that justify its costs; (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; (3) is not ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) would have a positive 
significant economic impact on a substantial number of small entities; 
(5) would not create unnecessary obstacles to the foreign commerce of 
the United States; and (6) would not impose an unfunded mandate on 
state, local, or tribal governments, or on the private sector by 
exceeding the threshold identified above. These analyses are summarized 
below, and a full discussion of the benefits and costs is provided in 
the regulatory evaluation included in the docket for this rulemaking.
Who Is Potentially Affected by This Rule?
    The people who benefit from this rule would be pilots, student 
pilots, flight instructors, military pilots seeking civilian ratings, 
and pilot schools.
Assumptions

------------------------------------------------------------------------
 
------------------------------------------------------------------------
1. Analysis Time Period...................  5 Years
2. Discount Rate..........................  7%
------------------------------------------------------------------------

Total Benefits and Costs
    This proposed rule has 12 separate provisions impacting different 
sections of parts 61, 63, 91, 121, 135, and 141 of the Federal Aviation 
Regulations. A

[[Page 29748]]

separate analysis was conducted for each of the 12 provisions. From 
these analyses the FAA determined that the proposed changes were either 
minimal cost, had unquantified benefits which exceeded minimal costs, 
or had quantified cost savings. These analyses are discussed in detail 
in a separate regulatory evaluation. Throughout these analyses 
quantified cost savings once identified are discussed as benefits, and 
not negative savings. Over a five year analysis period the quantified 
benefits (cost savings) are about $112.2 million, or $99.0 million in 
present value at a 7 percent discount rate.
    The following table shows the number and title of the twelve 
proposed rule provisions, the sections of the current Federal Aviation 
Regulations that would be affected by this proposed rulemaking, a 
summary of the impact for each of the twelve proposed provisions and 
the total cost savings, of the proposals with quantified benefits, over 
the analysis interval.

                                Table 3--Summary of the Proposed Rule Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                           Total cost savings
             Provision                Sections affected              Summary             (benefits) for 5-year
                                                                                            analysis period
----------------------------------------------------------------------------------------------------------------
Instructor requirement when using   61.51(g)(5)..........  Removes the requirement to  The cost savings benefits
 an FFS, FTD, or ATD to complete                            have an instructor          equal about $12.1
 instrument recency.                                        present when                million or $10.6 million
                                                            accomplishing flight        in present value at a 7
                                                            experience requirements     percent discount rate.
                                                            for instrument recency in
                                                            an FAA-approved FFS, FTD,
                                                            or ATD.
Instrument recency experience       61.57(c).............  Reduces the frequency of    The cost savings benefits
 requirements.                      135.245..............   instrument recency flight   equal about $79.4
                                                            experience accomplished     million or $69.6 million
                                                            exclusively in ATDs from    in present value at a 7
                                                            every two months to every   percent discount rate.
                                                            six months.
                                                           Reduces the number of
                                                            tasks and removes the
                                                            three-hour flight time
                                                            requirement when
                                                            accomplishing instrument
                                                            recency flight experience
                                                            in ATDs.
Second in Command for part 135      61.1.................  Allows a pilot to log SIC   The FAA considers this to
 operations.                        61.39(a).............   flight time in a multi-     be a minimum cost rule
                                    61.51 (e),(f)........   engine airplane in a part   with positive, but
                                    61.159(a),(c)........   135 operation that does     difficult to quantify,
                                    61.161...............   not require a SIC.          benefits.
                                    135.99(c)............
Completion of commercial pilot      61.1.................  Allows a TAA to be used to  The cost savings benefits
 training and testing in            61.129(a)(3)(ii).....   meet some or all of the     equal about $9.7 million
 technically advanced airplanes     appendix D to part      currently required 10       or $8 million in present
 (TAA).                              141.                   hours of training that      value at a 7 percent
                                                            must be completed in a      discount rate.
                                                            complex or turbine-
                                                            powered airplane for the
                                                            single engine commercial
                                                            pilot certificate. TAA
                                                            could be used in
                                                            combination with, or
                                                            instead of, a complex or
                                                            turbine-powered airplane
                                                            to meet the aeronautical
                                                            experience requirement
                                                            and could be used to
                                                            complete the practical
                                                            test.
Flight instructors with instrument  61.195(b), (c).......  Removes the requirement     The cost savings benefits
 ratings only.                                              that instrument only        equal about $1.7 million
                                                            instructors have category   or $1.5 million in
                                                            and class ratings on        present value at a 7
                                                            their flight instructor     percent discount rate.
                                                            certificates to provide
                                                            instrument training.
Sport pilot flight instructor       61.412...............  Allows a sport pilot only   Sport pilot flight
 training privilege.                61.415(h)............   instructor to provide       instructors who choose
                                    91.109(c)............   training on control and     to receive this
                                                            maneuvering solely by       endorsement have
                                                            reference to the flight     determined that they
                                                            instruments (for sport      would be able to recoup
                                                            pilot students only).       this cost by providing
                                                                                        training to sport pilot
                                                                                        students.
Credit for training obtained as a   61.99................  Allows sport pilot          If all 5,259 sport pilots
 sport pilot.                       61.109(i)............   training to be credited     choose to use the lower
                                                            for certain aeronautical    cost option, the cost
                                                            experience requirements     savings would exceed
                                                            for a higher certificate    $8.0 million. We have
                                                            or rating.                  used $8.0 million as a
                                                                                        one-time event in the
                                                                                        benefit-cost analysis.
Include special curricula courses   141.5(d).............  Allows part 141 pilot       This proposed rule
 in renewal of pilot school                                 schools to count FAA        provision provides
 certificate.                                               approved ``special          potential unquantified
                                                            curricula'' course          benefits which exceed
                                                            completions (graduates of   minimal compliance
                                                            these courses) toward       costs.
                                                            certificate renewal
                                                            requirements.
Temporary validation of flightcrew  61.3(a)..............  Allows a confirmation       This proposed rule would
 members' certificates.             63.3(a)..............   document issued by a part   relieve both the FAA and
                                    63.16................   119 certificate holder      stakeholders from the
                                    121.383(c)...........   authorized to conduct       burden of the exemption
                                    135.95...............   operations under part 121   process, which must be
                                                            or 135 to serve as a        completed every two
                                                            temporary verification of   years. The cost savings,
                                                            the airman certificate      while real, are small
                                                            and/or medical              and believed to be de
                                                            certificate during          minimis.
                                                            domestic operations for
                                                            up to 72 hours.
Military competence for flight      61.197...............  Allows the addition of a    The cost savings benefits
 instructors.                       61.199...............   flight instructor rating    equal about $1.4 million
                                                            based on military           or $1.2 million in
                                                            competency to               present value at a 7
                                                            ``simultaneously            percent discount rate.
                                                            qualify'' for the
                                                            reinstatement of that
                                                            expired FAA flight
                                                            instructor certificate.

[[Page 29749]]

 
Restricted category aircraft        91.313...............  Allows an operator to       The benefits will exceed
 training and testing allowances.                           request and obtain a        costs for those who
                                                            letter of deviation         choose to comply.
                                                            authority to conduct
                                                            training and testing and
                                                            other directly related
                                                            activities for employees
                                                            to obtain a type rating
                                                            in a restricted category
                                                            aircraft.
Single pilot operations of former   91.531...............  Allows pilots to operate    The benefits will exceed
 military airplanes and other                               certain large and           costs for those who
 airplanes with special                                     turbojet-powered            choose to comply.
 airworthiness certificates.                                airplanes (specifically
                                                            former military and some
                                                            airplanes not type
                                                            certificated in the
                                                            standard category)
                                                            without a pilot who is
                                                            designated as SIC.
----------------------------------------------------------------------------------------------------------------

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    Most of the parties affected by this proposed rule would be small 
businesses such as flight instructors, aviation schools, fixed base 
operators, and small part 135 air carriers. There are over 1,000 part 
135 air carriers alone. The general lack of publicly available 
financial information from these small businesses precludes a financial 
analysis of these small businesses.
    The FAA believes that this proposed rule would have a significant 
positive economic impact. The provisions of this proposed rule are 
largely cost-relieving. In fact, this proposed rule is expected to 
provide $112 million in cost relief. Therefore, this proposed rule 
would have a positive effect on a substantial number of small entities.
    Therefore, as provided in section 605(b), the head of the FAA 
certifies that this proposed rulemaking would result in a significant 
positive economic impact on a substantial number of small entities, as 
it imposes no new costs.
    The FAA solicits comments regarding this determination.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this proposed rule and 
determined that it would have only a domestic impact and therefore 
would not create unnecessary obstacles to the foreign commerce of the 
United States.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155.0 million in lieu of $100 
million.
    This proposed rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act, (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number. 
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), 
the FAA has submitted these proposed information collection amendments 
to OMB for its review.
    Overview: A majority of the provisions proposed in this NPRM do not 
impose an additional recordkeeping burden, but rather provide 
alternative methods of qualification when pursuing an airman privilege, 
certificate, or rating. The overall requirements and documentation 
remain the same for those provisions. Some of the provisions involve 
training and testing and do not require OMB supporting statements. Some 
of the provisions that are designated as voluntary are also considered 
without paperwork burden.
    Title 5 CFR 1320.3(h) states that ``* * * `Information' does not 
generally include items in the following categories; * * * (1) 
Affidavits, oaths,

[[Page 29750]]

affirmations, certifications, receipts, changes of address, consents, 
or acknowledgments; provided that they entail no burden other than that 
necessary to identify the respondent, the date, the respondent's 
address, and the nature of the instrument * * *.'' The proposed 
provision regarding the instructor requirement when using a FFS, FTD, 
or ATD to complete instrument recency experience would, among other 
things, remove the requirement that an instructor sign the pilot's 
logbook. This signature served as an instructor's affirmation of 
presence during the gaining of recency experience. Therefore, as the 
signature by the flight instructor merely documents the instructor's 
presence, it has not been considered an information collection, and the 
removal of its requirement does not constitute a burden reduction.
    The FAA has identified three provisions with PRA implications that, 
if finalized as proposed, will require amended OMB supporting 
statements as listed below:
     Instrument recency experience requirements (information 
collection 2120-0021),
     Second in command for part 135 operations (information 
collection 2120-0021, 2120-0593, 2120-0039),
     Include special curricula courses in renewal of pilot 
school certificate (information collection 2120-0009).
Instrument Recency Requirements
    The FAA is proposing to reduce the frequency of instrument recent 
flight experience accomplished exclusively in ATDs from every two 
months to every six months. The FAA is further proposing to reduce the 
number of tasks required to be performed and remove flight time hour 
requirements when accomplishing instrument recent flight experience in 
ATDs. While the proposed requirements are addressed in Sec.  61.57(c), 
the requirement that such time be logged is addressed in Sec.  61.51. 
This provision would reduce the requirements for persons using ATDs to 
make those requirements equivalent to the requirements for persons 
using aircraft, FFS, or FTDs. However, the FAA is not requiring that 
any person use any particular method to conduct this training. The FAA 
does not have specific data on which to base an estimate of the use of 
aircraft, FFSs, FTDs, or ATDs for the conduct of this time, as the FAA 
does not require or receive information regarding how the experience 
was gained by each pilot. Thus, while this proposed provision would 
reduce recordkeeping requirements for those persons who choose to 
conduct experience solely in ATDs, the FAA can only estimate whether, 
and by how much, that burden might be reduced for the overall pilot 
population with an instrument rating as the FAA has no information to 
make an initial determination of the use of ATDs, FTDs, FFSs, or 
aircraft. The FAA further emphasizes that the pilot would still be 
required to log the time, but notes that for some pilots the frequency 
of logging instrument currency would be reduced from every two months 
to every six months.
    As discussed in the regulatory evaluation accompanying this NPRM, 
as of June 30, 2015, there were 305,976 instrument-rated pilots,\103\ 
including ATP pilots, in the United States. As of June 23, 2015, the 
FAA estimates that 104,424 air carrier pilots \104\ are exempted, 
leaving 201,552 instrument rated pilots that could benefit from this 
relief. Of these, the FAA estimates that only 50% (100,776) are 
maintaining their currency. Of this group it is likely that only 15% 
(15,116) use an ATD for currency and would potentially benefit from 
this relief. For those pilots, this would reduce the record keeping 
requirements of logging time from 6 times a year to two times a year, 
when logging instrument currency exclusively in an ATD. This provision 
does not change the requirement found in 14 CFR 61.51 that a pilot log 
his or her time while conducting these activities. As noted previously, 
the only difference is whether that time is logged in an ATD as 
compared with an FFS, FTD, or aircraft. Of the 15,116 pilots that would 
use an ATD exclusively to maintain currency, it is expected that the 
reduction in paperwork (logging time) would be 0.1 hours (6 minutes) x 
4 times a year x 15,116 pilots = 6,046.4 hours saved annually. The FAA 
seeks comments, with supporting data, regarding the number of pilots 
using ATDs who might use this provision. This reduced burden when 
logging time for currency would be estimated in the OMB supporting 
statement for approved information collection 2120-0021, ``Pilots, 
Flight Instructors and Ground Instructors.''
---------------------------------------------------------------------------

    \103\ Source: Comprehensive Airmen Information System (CAIS).
    \104\ Source: SPAS NVIS Air Operator Record List, 6/23/2015.
---------------------------------------------------------------------------

Second in Command Time in Part 135 Operations
    The FAA is proposing to allow pilots to log SIC time in multi-
engine airplanes that do not require an SIC in a part 135 operation. 
This would be creditable total flight time in pursuit of an ATP 
certificate. The FAA has no basis on which to determine the number of 
pilots who might choose to take advantage of a SIC PDP sponsored by a 
part 135 operator that is approved to conduct a SIC PDP. In the 
regulatory evaluation, the FAA is seeking comments, with supporting 
data, regarding the number of pilots who might choose to take advantage 
of a program to become a SIC in a part 135 operation using a SIC PDP.
    The FAA is proposing to amend Sec.  135.99 by adding paragraph (c) 
to permit a part 119 certificate holder to receive approval of an SIC 
professional development program via operations specifications (Ops 
Specs) in order to allow the certificate holder's pilots to log time 
under this proposal. This Ops Spec would outline the pilot 
qualification, training, and recordkeeping requirements necessary to 
receive approval of the program. Ops Specs are paragraphs written and 
issued to the operator to provide specific requirements for certain FAA 
approved operations. The burden for initial approval would be reflected 
in this part 119 information collection.
    The information collection already accounts for an average of 50 
Ops Spec amendments per operator annually under Sec.  119.51(c). The 
FAA has determined that this annual estimate of Ops Spec changes is too 
high and is currently 25 per year. This new estimate would include the 
modification that is necessary to conduct the SIC training program. The 
FAA estimates that each Ops Spec change takes 0.2 hours (12 minutes).
    The current overall burden for the average number of Op Specs per 
year is less and will be reflected under Sec.  119.51(c) of the 
supporting statement for approved Information collection 2120-0593, 
``Part 119 Certification: Air Carriers and Commercial Operators.''
    A certificate holder would submit for FAA approval of proposed 
curriculums for a SIC training that would need to meet the requirements 
specified in guidance (within an advisory circular) for the development 
of a SIC Professional Development Program. As discussed in the 
regulatory evaluation accompanying the NPRM, discussions with the 
Regional Air Cargo Carriers Association indicate that all of their air 
carrier members would be interested in providing such a program. RACCA 
has approximately 50 members who provide part 135 air cargo services. 
However, the FAA has no basis on which to estimate the number of air 
cargo carriers that might choose to either develop a SIC PDP, or 
implement and offer a SIC PDP based on existing operations. It is 
estimated that the operator would

[[Page 29751]]

require approximately 40 hours to prepare and submit such new 
curriculums for FAA approval, or 20 hours to submit amended curricula. 
The FAA seeks comments, including supporting data, regarding the number 
of operators who might choose to use this provision annually, and 
whether those operators already have training curricula in place or 
would need to develop new curricula to meet the proposed requirements.
    This change would be reflected in the supporting statement for 
approved information collection 2120-0039, ``Operating Requirements: 
Commuter and On Demand Operations.''
    For those pilots who become qualified to log SIC time under this 
provision, this would increase the recordkeeping requirements by the 
addition of these logbook endorsements. The FAA estimates that the 
pilots logging SIC time would require approximately 1.0 hours annually 
to log the various endorsements proposed in this provision. In 
information collection 2120-0021, the FAA states: ``Section 61.51, 
Pilot logbooks--requires pilots to enter flight time that is to be 
credited toward experience or training requirements for certificates or 
ratings in a reliable record.''
    The FAA notes that this provision is voluntary and also considers 
this to be a minimum cost rule provision with positive, but 
unquantifiable, benefits. The time and burden estimated for the 
required logbook endorsement verifying the pilot is qualified to log 
this SIC time would be provided in approved information collection 
2120-0021, ``Pilots, Flight Instructors and Ground Instructors.''
Pilot School Use of Special Curricula Courses for Renewal of 
Certificate
    The FAA is proposing to amend Sec.  141.5(d) to allow part 141 
pilot schools that hold training course approvals for special curricula 
courses to renew their certificates based on their students' successful 
completion of an end-of-course test for these FAA approved courses. 
There are currently hundreds of FAA approved special curricula courses 
in use by active pilot schools but it is likely that with this new 
allowance, some schools will request new special curricula course 
approvals. The FAA seeks comments regarding the number of schools that 
might use this provision.
    The FAA notes that this provision is voluntary and also considers 
this to be a minimum cost rule provision with positive, but 
unquantifiable, benefits. The time and burden estimated for a Part 141 
Pilot School to develop and submit for approval will be provided in the 
OMB supporting statement for approved information collection 2120-0009, 
``Operating Requirements: Pilot Schools--FAR Part 141.'' The statement 
will also be adjusted for the current number of FAA certificated pilot 
schools currently listed at 581.
    The below summarizes the changes made to each of the affected 
information collections.
Information Collection 2120-0009: Pilot Schools--FAR Part 141
    Abstract: 49 CFR part 44707 authorizes certification of civilian 
schools giving instruction in flying. Information collected is used for 
certification and to determine applicant compliance. The information on 
FAA Form 8420-8, Application for Pilot School Certificates, is required 
from applicants who wish to be issued pilot school certificates and 
associated ratings.

     Table 4--Summary of Changes to Information Collection 2120-0009
------------------------------------------------------------------------
            Provision                  Frequency        Per respondent
------------------------------------------------------------------------
New special curricula approvals.  As needed.........  0.5 hours.
New applications................  As needed.........  0.5 hours.
Adding special curricula........  As needed.........  0.5 hours.
------------------------------------------------------------------------

Information Collection 2120-0021: Certification: Pilots, Flight 
Instructors, and Ground Instructors
    Abstract: 14 CFR part 61 prescribes certification standards for 
pilots, flight instructors, and ground instructors. The information 
collected is used to determine compliance with applicant eligibility, 
via FAA Form 8710-1.

     Table 5--Summary of Changes to Information Collection 2120-0021
------------------------------------------------------------------------
            Provision                  Frequency        Per respondent
------------------------------------------------------------------------
Instrument Recency Experience     (4 times per year)  (0.1 hours).
 Requirements.
Second in command time in part    Annual............  1 hour.
 135 operations.
------------------------------------------------------------------------

Information Collection 2120-0039: Operating Requirements: Commuter and 
On Demand Operations
    Abstract: Title 49 U.S.C., Section 44702 authorizes issuance of air 
carrier operating certificates. 14 CFR prescribes requirement for Air 
Carrier/Commercial Operators. The information collected shows 
compliance and applicant eligibility.

     Table 6--Summary of Changes to Information Collection 2120-0039
------------------------------------------------------------------------
            Provision                  Frequency        Per respondent
------------------------------------------------------------------------
New SIC professional development  As needed*........  40 hours.
 program.

[[Page 29752]]

 
Amend existing PIC professional   As needed*........  20 hours.
 development program.
------------------------------------------------------------------------
* The FAA estimates that all operators intending to conduct a SIC
  professional development program will apply to do so in the first year
  of this information collection. The annual burden hours will be
  reduced in years 2 and 3 of this information collection.

Information Collection 2120-0593: Certification: Air Carriers and 
Commercial Operators
    Abstract: The respondents to this information collection are 
Federal Aviation Regulations Part 135 and 121 operators. The FAA will 
use the information collected to ensure compliance and adherence to 
regulations.

                         Table 7--Summary of Changes to Information Collection 2120-0593
----------------------------------------------------------------------------------------------------------------
                                                                                                   Annual burden
                Provision                          Frequency                Per respondent             hours
----------------------------------------------------------------------------------------------------------------
Initial approval of Operations            As needed.................  0.2 hours.................  ..............
 Specification for SIC professional
 development program.
----------------------------------------------------------------------------------------------------------------

    The agency is soliciting comments to--
     Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of collecting information on those who 
are to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by August 10, 2016. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Building, Room 10202, 725 17th Street NW., Washington, DC 
20053.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to ICAO 
Standards and Recommended Practices to the maximum extent practicable. 
The FAA has reviewed the corresponding ICAO Standards and Recommended 
Practices and has identified the following differences with these 
proposed regulations.
    The FAA notes that, under proposed Sec.  61.159(c), pilots would be 
permitted to log second in command flight time in part 135 operations 
when a second pilot is not required. ICAO standards do not recognize 
the crediting of flight time when a pilot is not required by the 
aircraft certification or the operation under which the flight is being 
conducted. Accordingly, all pilots who log flight time under this 
provision and apply for an ATP certificate would have a limitation on 
the certificate indicating that the pilot does not meet the PIC 
aeronautical experience requirements of ICAO. This limitation may be 
removed when the pilot presents satisfactory evidence that he or she 
has met the ICAO standards.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f and involves no extraordinary 
circumstances.

VIII. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, and, therefore, would not have 
Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA has analyzed this action under the policies and 
agency responsibilities of Executive Order 13609, and has determined 
that this action would have no effect on international regulatory 
cooperation.

IX. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic,

[[Page 29753]]

environmental, energy, or federalism impacts that might result from 
adopting the proposals in this document. The most helpful comments 
reference a specific portion of the proposal, explain the reason for 
any recommended change, and include supporting data. To ensure the 
docket does not contain duplicate comments, commenters should send only 
one copy of written comments, or if comments are filed electronically, 
commenters should submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The agency may change this proposal in 
light of the comments it receives.
    Commenters are encouraged to identify the provisions on which they 
are commenting based on the title of the provisions used in Table 1 of 
this preamble.
    Proprietary or Confidential Business Information: Commenters should 
not file proprietary or confidential business information in the 
docket. Such information must be sent or delivered directly to the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this document, and marked as proprietary or confidential. If submitting 
information on a disk or CD ROM, mark the outside of the disk or CD 
ROM, and identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at 
http://www.faa.gov/regulations_policies or
     Accessing the Government Publishing Office's Web page at 
http://www.fdsys.gov.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced above.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Teachers.

14 CFR Part 63

    Aircraft, Airman, Aviation safety.

14 CFR Part 91

    Aircraft, Airmen, Aviation safety.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

14 CFR Part 135

    Aircraft, Airmen, Aviation safety.

14 CFR Part 141

    Airmen, Educational facilities, reporting and recordkeeping 
requirements, Schools.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
1. The authority citation for part 61 is revised to read as follows:


    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302.

0
2. Amend Sec.  61.1(b) as follows:
0
a. Add a new definition of ``aviation training device'' in alphabetical 
order.
0
b. Revise the definition of ``pilot time;'' and,
0
c. Add new definition of ``technically advanced airplane'' in 
alphabetical order.
    The revisions and additions read as follows:


Sec.  61.1  Applicability and definitions.

* * * * *
    (b) * * *
    Aviation training device means a training device, other than a full 
flight simulator or flight training device, that has been evaluated, 
qualified, and approved by the Administrator.
* * * * *
    Pilot time means that time in which a person--
    (i) Serves as a required pilot flight crewmember;
    (ii) Receives training from an authorized instructor in an 
aircraft, full flight simulator, flight training device, or aviation 
training device;
    (iii) Gives training as an authorized instructor in an aircraft, 
full flight simulator, flight training device, or aviation training 
device; or
    (iv) Serves as second in command in operations conducted under part 
135 of this chapter when a second pilot is not required under the type 
certification of the aircraft or the regulations under which the flight 
is being conducted, provided the requirements in Sec.  61.159(c)(1) are 
satisfied.
* * * * *
    Technically Advanced Airplane (TAA) means an airplane equipped with 
an electronically advanced avionics system that includes the following 
installed components:
    (i) An electronic Primary Flight Display (PFD) that includes, at a 
minimum, an airspeed indicator, turn coordinator, attitude indicator, 
heading indicator, altimeter, and vertical speed indicator; and
    (ii) An independent additional Multifunction Display (MFD) that 
includes, at a minimum, a Global Positioning System (GPS) with moving 
map navigation and an integrated two axis autopilot.
* * * * *
0
3. In Sec.  61.3, revise paragraph (a)(1)(iv), redesignate paragraph 
(a)(1)(v) as (a)(1)(vi), and add paragraph (a)(1)(v) to read as 
follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

    (a) * * *
    (1) * * *
    (iv) A document conveying temporary authority to exercise 
certificate privileges issued by the Airmen Certification Branch under 
Sec.  61.29(e);
    (v) When engaged in a flight operation within the United States for 
a part 119 certificate holder authorized to conduct operations under 
parts 121 or 135, a temporary document provided by that certificate 
holder under an approved certificate verification plan; or
* * * * *
0
4. In Sec.  61.39, revise paragraph (a)(3) to read as follows:

[[Page 29754]]

Sec.  61.39  Prerequisites for practical tests.

    (a) * * *
    (3) Have satisfactorily accomplished the required training and 
obtained the aeronautical experience prescribed by this part for the 
certificate or rating sought, and if applying for the practical test 
with flight time accomplished under Sec.  61.159(c)(1), present a copy 
of the records required by Sec.  135.63(a)(4)(vi) and (x) of this 
chapter;
* * * * *
0
5. Amend Sec.  61.51 as follows:
0
a. In paragraphs (b)(1)(iii), (b)(1)(iv), (b)(2)(v), (b)(3)(iii), 
(b)(3)(iv), (k)(1)(ii), and (k)(2)(ii), remove the words ``flight 
simulator'' and add in their place the words ``full flight simulator'';
0
b. Revise paragraph (e)(1)(i);
0
c. Add paragraph (e)(5);
0
d. Revise paragraphs (f)(1) and (f)(2);
0
e. Add paragraph (f)(3);
0
f. Revise paragraph (g)(4);
0
g. Add paragraph (g)(5); and
0
h. Revise paragraph (h)(1).
    The revisions and additions read as follows:


Sec.  61.51  Pilot logbooks.

* * * * *
    (e) * * *
    (1) * * *
    (i) Except when logging flight time under Sec.  61.159(c)(1), when 
the pilot is the sole manipulator of the controls of an aircraft for 
which the pilot is rated, or has sport pilot privileges for that 
category and class of aircraft, if the aircraft class rating is 
appropriate;
* * * * *
    (5) An authorized flight instructor may log all flight time while 
acting as pilot in command of an operation under part 135 if the flight 
is conducted in accordance with an approved second-in-command 
professional development program that meets the requirements of Sec.  
135.99(c).
    (f) * * *
    (1) Is qualified in accordance with the second-in-command 
requirements of Sec.  61.55 of this part, and occupies a crewmember 
station in an aircraft that requires more than one pilot by the 
aircraft's type certificate;
    (2) Holds the appropriate category, class, and instrument rating 
(if an instrument rating is required for the flight) for the aircraft 
being flown, and more than one pilot is required under the type 
certification of the aircraft or the regulations under which the flight 
is being conducted; or
    (3) Serves as second in command in operations conducted under part 
135 of this chapter when a second pilot is not required under the type 
certification of the aircraft or the regulations under which the flight 
is being conducted, provided the requirements in Sec.  61.159(c)(1) are 
satisfied.
    (g) * * *
    (4) A person may use time in a full flight simulator, flight 
training device, or aviation training device for acquiring instrument 
aeronautical experience for a pilot certificate or rating provided an 
authorized instructor is present to observe that time and signs the 
person's logbook or training record to verify the time and the content 
of the training session.
    (5) A person may use time in a full flight simulator, flight 
training device, or aviation training device for satisfying instrument 
recency experience requirements provided a logbook or training record 
is maintained to specify the approved training device, time, and the 
content.
    (h) Logging training time. (1) A person may log training time when 
that person receives training from an authorized instructor in an 
aircraft, full flight simulator, flight training device, or aviation 
training device.
* * * * *
0
6. Amend Sec.  61.57 as follows:
0
a. In paragraphs (a)(3), (b)(2), (d)(1)(ii), (e)(4)(ii)(D), and (g) 
introductory text, remove the words ``flight simulator'' and add in 
their place the words ``full flight simulator'';
0
b. Revise paragraph (c)(2); remove paragraphs (c)(3) through (c)(5); 
and, redesignate paragraph (c)(6) as paragraph (c)(3).
    The revisions read as follows:


Sec.  61.57  Recent flight experience: Pilot in command.

* * * * *
    (c) * * *
    (2) Use of a full flight simulator, flight training device, or 
aviation training device for maintaining instrument experience. A pilot 
may accomplish the requirements in paragraph (c)(1) of this section in 
an approved full flight simulator, flight training device, or aviation 
training device provided the device represents the category of aircraft 
for the instrument rating privileges to be maintained and the pilot 
performs the tasks and iterations in simulated instrument conditions.
* * * * *
0
7. Revise Sec.  61.99 to read as follows:


Sec.  61.99  Aeronautical experience.

    (a) A person who applies for a recreational pilot certificate must 
receive and log at least 30 hours of flight time that includes at 
least--
    (1) 15 hours of flight training from an authorized instructor on 
the areas of operation listed in Sec.  61.98 of this part that consists 
of at least:
    (i) Except as provided in Sec.  61.100 of this part, 2 hours of 
flight training en route to an airport that is located more than 25 
nautical miles from the airport where the applicant normally trains, 
which includes at least three takeoffs and three landings at the 
airport located more than 25 nautical miles from the airport where the 
applicant normally trains; and
    (ii) Three hours of flight training with an authorized instructor 
in the aircraft for the rating sought in preparation for the practical 
test within the preceding 2 calendar months from the month of the test.
    (2) Three hours of solo flying in the aircraft for the rating 
sought, on the areas of operation listed in Sec.  61.98 of this part 
that apply to the aircraft category and class rating sought.
    (b) The holder of a sport pilot certificate may credit 10 hours of 
flight training received from a flight instructor with a sport pilot 
rating toward the training requirements of this section provided the 
flight training is accomplished in the same category and class of 
aircraft as the recreational pilot certificate rating sought.
0
8. In Sec.  61.109, amend paragraph (k) by removing the words ``flight 
simulator'' and adding in their place the words ``full flight 
simulator'', and add paragraph (l) to read as follows:


Sec.  61.109  Aeronautical experience.

* * * * *
    (l) Permitted credit for flight training received from a flight 
instructor with a sport pilot rating. The holder of a sport pilot 
certificate may credit flight training received from a flight 
instructor with a sport pilot rating as follows:
    (1) For a private pilot certificate with an airplane category 
single engine class rating or private pilot certificate with a 
rotorcraft category gyroplane class rating, a person may credit 10 
hours of flight training received from a flight instructor provided the 
flight training is accomplished in the same category and class of 
aircraft for the rating sought.
    (2) For a private pilot certificate with a lighter-than-air 
category airship class rating, a pilot may credit 12.5 hours of flight 
training received from a flight instructor with a sport pilot rating 
provided that training was accomplished in an airship.
    (3) For a private pilot certificate with a lighter-than-air 
category balloon class rating, a pilot may credit 5 hours of flight 
training including 3 training flights received from a flight instructor 
with a sport pilot rating provided that

[[Page 29755]]

flight training was accomplished in a balloon.
0
9. In Sec.  61.129:
0
a. Revise paragraphs (a)(3)(ii) and (b)(3)(ii); and
0
b. In paragraphs (c)(3)(i), (d) introductory text, (d)(3)(i), and (i), 
remove the words ``flight simulator'' and add in their place the words 
``full flight simulator''. The revisions read as follows:


Sec.  61.129  Aeronautical experience.

    (a) * * *
    (3) * * *
    (ii) 10 hours of training in a complex airplane, a turbine-powered 
airplane, or a technically advanced airplane (TAA); or for an applicant 
seeking a single-engine seaplane rating, 10 hours of training in a 
seaplane that has flaps and a controllable pitch propeller;
* * * * *
    (b) * * *
    (3) * * *
    (ii) 10 hours of training in a multiengine complex or turbine-
powered airplane; or for an applicant seeking a multiengine seaplane 
rating, 10 hours of training in a multiengine seaplane that has flaps 
and a controllable pitch propeller;
* * * * *
0
10. In Sec.  61.159:
0
a. Amend paragraph (a)(4) by removing the words ``flight simulator'' 
and adding in their place the words ``full flight simulator'';
0
b. Revise the introductory text of paragraph (a)(5), the introductory 
text of paragraph (c), and paragraph (c)(1). The revisions read as 
follows:


Sec.  61.159  Aeronautical experience: Airplane category rating.

    (a) * * *
    (5) 250 hours of flight time in an airplane as a pilot in command, 
or when serving as a required second in command flightcrew member 
performing the duties of pilot in command while under the supervision 
of a pilot in command, or any combination thereof, which includes at 
least--
* * * * *
    (c) A commercial pilot may log the following second-in-command 
pilot time or flight-engineer flight time toward the 1,500 hours of 
total time as a pilot required by paragraph (a) of this section and the 
total flight time requirements in Sec.  61.160:
    (1) Second-in-command pilot time in operations conducted under part 
135 of this chapter when a second pilot is not required under the type 
certification of the aircraft or the regulations under which the flight 
is being conducted, provided--
    (i) The experience is accomplished as part of a second-in-command 
professional development program approved by the Administrator under 
Sec.  135.99 of this chapter;
    (ii) The pilot in command of the operation certifies in the pilot's 
logbook that the second-in-command pilot time was accomplished under 
this section; and
    (iii) The pilot time may not be logged as pilot-in-command time 
even when the pilot is the sole manipulator of the controls and may not 
be used to meet the aeronautical experience requirements in paragraphs 
(a)(1) through (a)(5) of this section.
* * * * *
0
11. In Sec.  61.161, amend paragraph (b) by removing the words ``flight 
simulator'' and adding in their place the words ``full flight 
simulator'', and add paragraphs (c), (d), and (e) to read as follows:


Sec.  61.161  Aeronautical experience: Rotorcraft category and 
helicopter class rating.

* * * * *
    (c) Flight time logged under Sec.  61.159(c)(1) of this chapter may 
be counted toward the 1,200 hours of total time as a pilot required by 
paragraph (a) of this section.
    (d) An applicant is issued an airline transport pilot certificate 
with the limitation, ``Holder does not meet the pilot in command 
aeronautical experience requirements of ICAO,'' as prescribed under 
Article 39 of the Convention on International Civil Aviation, if the 
applicant does not meet the ICAO requirements contained in Annex 1 
``Personnel Licensing'' to the Convention on International Civil 
Aviation, but otherwise meets the aeronautical experience requirements 
of this section.
    (e) An applicant is entitled to an airline transport pilot 
certificate without the ICAO limitation specified under paragraph (d) 
of this section when the applicant presents satisfactory evidence of 
having met the ICAO requirements under paragraph (d) of this section 
and otherwise meets the aeronautical experience requirements of this 
section.
0
12. In Sec.  61.195, revise paragraphs (b) and (c) to read as follows:


Sec.  61.195  Flight instructor limitations and qualifications.

* * * * *
    (b) Aircraft Ratings. Except as provided in paragraph (c) of this 
section, a flight instructor may not conduct flight training in any 
aircraft for which the flight instructor does not hold:
    (1) A flight instructor certificate with the applicable category 
and class rating; and
    (2) A pilot certificate with a type rating, if appropriate.
    (c) Instrument Rating. A flight instructor may conduct instrument 
training for the issuance of an instrument rating, a type rating not 
limited to VFR, or the instrument training required for commercial 
pilot and airline transport pilot certificates if the flight instructor 
holds an instrument rating appropriate to the aircraft used for the 
instrument training on his or her flight instructor certificate, and:
    (1) Meets the requirements of paragraph (b) of this section; or
    (2) Holds a commercial pilot certificate or airline transport pilot 
certificate with the appropriate category and class ratings for the 
aircraft in which the instrument training is provided if the pilot 
receiving instrument training holds a pilot certificate with category 
and class ratings appropriate to the aircraft in which the instrument 
training is being provided.
* * * * *
0
13. In Sec.  61.197, revise paragraph (a)(2)(iv) and (c) to read as 
follows:


Sec.  61.197  Renewal requirements for flight instructor certification.

    (a) * * *
    (2) * * *
    (iv) A record showing that, within the preceding 24 months from the 
month of application, the flight instructor passed an official U.S. 
Armed Forces proficiency check in an aircraft for which the military 
instructor already holds a rating or in an aircraft for an additional 
rating.
* * * * *
    (c) The practical test required by paragraph (a)(1) of this section 
may be accomplished in a full flight simulator or flight training 
device if the test is accomplished pursuant to an approved course 
conducted by a training center certificated under part 142 of this 
chapter.
0
14. In Sec.  61.199, add paragraphs (a)(3), (c) and (d) to read as 
follows:


Sec.  61.199  Reinstatement requirements of an expired flight 
instructor certificate.

    (a) * * *
    (3) For military instructors, provide a record showing that, within 
the preceding 6 calendar months from the date of application for 
reinstatement, the person passed a U.S. Armed Forces instructor pilot 
or pilot examiner

[[Page 29756]]

proficiency check for an additional military instructor rating.
* * * * *
    (c) The holder of an expired flight instructor certificate issued 
prior to October 20, 2009, may apply for reinstatement of that 
certificate by presenting the following:
    (1) A record showing that, since the date the flight instructor 
certificate was issued, the person passed a U.S. Armed Forces 
instructor pilot or pilot examiner proficiency check for an additional 
military rating; and
    (2) A knowledge test report that shows the person passed a 
knowledge test on the aeronautical knowledge areas listed under Sec.  
61.185(a) appropriate to the flight instructor rating sought and the 
knowledge test was passed within the preceding 24 calendar months prior 
to the month of application.
    (d) The requirements of paragraph (c) of this section will expire 
on [THE FAA WILL INSERT DATE ONE YEAR AFTER THE EFFECTIVE DATE OF FINAL 
RULE IN FEDERAL REGISTER].
0
15. Add Sec.  61.412 to read as follows:


Sec.  61.412  Do I need additional training to provide instruction on 
control and maneuvering an airplane solely by reference to the 
instruments in a light-sport aircraft based on Vh?

    To provide flight training on control and maneuvering an aircraft 
solely by reference to the instruments for the purpose of issuing a 
solo cross-country endorsement to a sport pilot applicant under Sec.  
61.93(e)(12), a sport pilot instructor must:
    (a) Hold an endorsement under Sec.  61.327;
    (b) Receive and log a minimum of 1 hour of ground training and 3 
hours of flight training from an authorized instructor in an airplane 
with a Vh greater than 87 knots CAS or in a full flight 
simulator or flight training device that replicates an airplane with a 
Vh greater than 87 knots CAS; and
    (c) Receive a one-time endorsement in the sport pilot instructor's 
logbook from an instructor authorized under subpart H of this part who 
certifies that the person is proficient in providing training on 
control and maneuvering solely by reference to the instruments in an 
airplane with a Vh greater than 87 knots CAS. This flight 
training must include straight and level flight, turns, descents, 
climbs, use of radio aids, and ATC directives.
0
16. In Sec.  61.415, redesignate paragraphs (h) and (i) as paragraphs 
(i) and (j), and add paragraph (h) to read as follows:


Sec.  61.415  What are the limits of a flight instructor certificate 
with a sport pilot rating?

* * * * *
    (h) You may not provide training on the control and maneuvering of 
an aircraft solely by reference to the instruments in a light sport 
aircraft with a Vh greater than 87 knots CAS unless you meet 
the requirements in Sec.  61.412.
* * * * *

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
17. The authority citation for part 63 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 45102-45103, 45301-45302.
0
18. Revise Sec.  63.3 to read as follows:


Sec.  63.3  Certificates and ratings required.

    (a) Except as provided in paragraph (c), no person may act as a 
flight engineer of a civil aircraft of U.S. registry unless that person 
has in his or her personal possession or readily accessible in the 
aircraft:
    (1) A current flight engineer certificate with appropriate ratings 
issued to that person under this part;
    (2) A document conveying temporary authority to exercise 
certificate privileges issued by the Airman Certification Branch under 
Sec.  63.16(d) of this part; or
    (3) When engaged in a flight operation within the United States for 
a part 119 certificate holder authorized to conduct operations under 
parts 121, a temporary document provided by that certificate holder 
under an approved certificate verification plan.
    (b) A person may act as a flight engineer of an aircraft only if 
that person holds a current second-class (or higher) medical 
certificate issued to him under part 67 of this chapter, or other 
documentation acceptable to the FAA, that is in that person's physical 
possession or readily accessible in the aircraft.
    (c) When the aircraft is operated within a foreign country, a 
current flight engineer certificate issued by the country in which the 
aircraft is operated, with evidence of current medical qualification 
for that certificate, may be used. Also, in the case of a flight 
engineer certificate issued under Sec.  63.42, evidence of current 
medical qualification accepted for the issue of that certificate is 
used in place of a medical certificate.
    (d) No person may act as a flight navigator of a civil aircraft of 
U.S. registry unless he has in his personal possession a current flight 
navigator certificate issued to him under this part and a second-class 
(or higher) medical certificate issued to him under part 67 of this 
chapter within the preceding 12 months. However, when the aircraft is 
operated within a foreign country, a current flight navigator 
certificate issued by the country in which the aircraft is operated, 
with evidence of current medical qualification for that certificate, 
may be used.
    (e) Each person who holds a flight engineer or flight navigator 
certificate, or medical certificate, shall present either or both for 
inspection upon the request of the Administrator or an authorized 
representative of the National Transportation Safety Board, or of any 
Federal, State, or local law enforcement officer.
0
19. Revise Sec.  63.16 to read as follows:


Sec.  63.16  Change of name; replacement of lost or destroyed 
certificate.

    (a) An application for a change of name on a certificate issued 
under this part must be accompanied by the applicant's current 
certificate and the marriage license, court order, or other document 
verifying the change. The documents are returned to the applicant after 
inspection.
    (b) A request for a replacement of a lost or destroyed airman 
certificate issued under this part must be made--
    (1) By letter to the Department of Transportation, Federal Aviation 
Administration, Airman Certification Branch, Post Office Box 25082, 
Oklahoma City, OK 73125 and must be accompanied by a check or money 
order for the appropriate fee payable to the FAA; or
    (2) In any other form and manner approved by the Administrator 
including a request to Airman Services at http://www.faa.gov, and must 
be accompanied by acceptable form of payment for the appropriate fee.
    (c) A request for the replacement of a lost or destroyed medical 
certificate must be made:
    (1) By letter to the Department of Transportation, FAA, Aerospace 
Medical Certification Division, P.O. Box 26200, Oklahoma City, OK 
73125, and must be accompanied by a check or money order for the 
appropriate fee payable to the FAA; or
    (2) In any other manner and form approved by the Administrator and 
must be accompanied by acceptable form of payment for the appropriate 
fee.
    (d) A request for the replacement of a lost or destroyed knowledge 
test report must be made:
    (1) By letter to the Department of Transportation, FAA, Airmen

[[Page 29757]]

Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must 
be accompanied by a check or money order for the appropriate fee 
payable to the FAA; or
    (2) In any other manner and form approved by the Administrator and 
must be accompanied by acceptable form of payment for the appropriate 
fee.
    (e) The letter requesting replacement of a lost or destroyed airman 
certificate, medical certificate, or knowledge test report must state:
    (1) The name of the person;
    (2) The permanent mailing address (including ZIP code), or if the 
permanent mailing address includes a post office box number, then the 
person's current residential address;
    (3) The certificate holder's date and place of birth; and
    (4) Any information regarding the--
    (i) Grade, number, and date of issuance of the airman certificate 
and ratings, if appropriate;
    (ii) Class of medical certificate, the place and date of the 
medical exam, name of the Airman Medical Examiner (AME), and the 
circumstances concerning the loss of the original medical certificate, 
as appropriate; and
    (iii) Date the knowledge test was taken, if appropriate.
    (f) A person who has lost an airman certificate, medical 
certificate, or knowledge test report may obtain in a form or manner 
approved by the Administrator, a document conveying temporary authority 
to exercise certificate privileges from the FAA Aeromedical 
Certification Branch or the Airman Certification Branch, as 
appropriate, and the--
    (1) Document may be carried as an airman certificate, medical 
certificate, or knowledge test report, as appropriate, for a period not 
to exceed 60 days pending the person's receiving a duplicate under 
paragraph (b), (c), or (d) of this section, unless the person has been 
notified that the certificate has been suspended or revoked.
    (2) Request for such a document must include the date on which a 
duplicate certificate or knowledge test report was previously 
requested.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
20. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105, 
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the 
Convention on International Civil Aviation (61 Stat. 1180), (126 
Stat. 11).

0
21. In Sec.  91.109, revise paragraph (c)(1) to read as follows:


Sec.  91.109  Flight instruction; Simulated instrument flight and 
certain flight tests.

* * * * *
    (c) * * *
    (1) The other control seat is occupied by a safety pilot who 
possesses at least:
    (i) A private pilot certificate with category and class ratings 
appropriate to the aircraft being flown; or
    (ii) For purposes of providing training for a solo cross-country 
endorsement under Sec.  61.93 of this chapter, a flight instructor 
certificate with an appropriate sport pilot rating and an endorsement 
under Sec.  61.412 of this chapter.
* * * * *
0
22. In Sec.  91.313, revise paragraphs (b), (c), and (d)(3) and (d)(4) 
and add paragraphs (d)(5) and (h) to read as follows:


Sec.  91.313  Restricted category civil aircraft: Operating 
limitations.

* * * * *
    (b) For the purpose of paragraph (a) of this section, the following 
operations are considered necessary to accomplish the work activity 
directly associated with a special purpose operation:
    (1) Flights conducted for flight crewmember training in a special 
purpose operation for which the aircraft is certificated and flights 
conducted to satisfy proficiency check and recent flight experience 
requirements under part 61 of this chapter provided the flight 
crewmember holds the appropriate category, class, and type ratings and 
is employed by the operator to perform the appropriate special purpose 
operation; and
    (2) Flights conducted to relocate the aircraft for maintenance.
    (c) No person may operate a restricted category civil aircraft 
carrying persons or property for compensation or hire. For the purposes 
of this paragraph, a special purpose operation involving the carriage 
of persons or material necessary to accomplish that operation, such as 
crop dusting, seeding, spraying, and banner towing (including the 
carrying of required persons or material to the location of that 
operation), an operation for the purpose of providing flight crewmember 
training in a special purpose operation, and an operation conducted 
under the authority provided in paragraph (h) of this section are not 
considered to be the carriage of persons or property for compensation 
or hire.
    (d) * * *
    (3) Performs an essential function in connection with a special 
purpose operation for which the aircraft is certificated;
    (4) Is necessary to accomplish the work activity directly 
associated with that special purpose; or
    (5) Is necessary to accomplish an operation under paragraph (h) of 
this section.
* * * * *
    (h) Deviation authority. (1) An operator may apply for deviation 
authority from the provisions of paragraph (a) of this section to 
conduct operations for the following purposes:
    (i) Flight training and the practical test for issuance of a type 
rating provided the pilot being trained and tested holds at least a 
commercial pilot certificate with the appropriate category and class 
ratings for the aircraft type and is employed by the operator to 
perform a special purpose operation; and
    (ii) Flights to designate an examiner or training center evaluator 
or qualify an FAA inspector in the aircraft type and flights necessary 
to provide continuing oversight and evaluation of an examiner or 
inspector.
    (2) The FAA will issue this deviation authority as a letter of 
deviation authority.
    (3) The FAA may cancel or amend a letter of deviation authority at 
any time.
    (4) An applicant must submit a request for deviation authority in a 
form and manner acceptable to the Administrator at least 60 days before 
the date of intended operations. A request for deviation authority must 
contain a complete description of the proposed operation and 
justification that establishes a level of safety equivalent to that 
provided under the regulations for the deviation requested.
0
23. Revise Sec.  91.531 to read as follows:


Sec.  91.531  Second in command requirements.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate the following airplanes without a pilot designated as 
second in command:
    (1) Any airplane that is type certificated for more than one 
required pilot.
    (2) Any large airplane unless the type certification requirements 
for that airplane permit operation by a single pilot.
    (3) Any commuter category airplane.
    (b) A person may operate the following airplanes without a pilot 
designated as second in command:
    (1) A large airplane certificated under SFAR 41 if that airplane is 
certificated for operation with one pilot.
    (2) A commuter category airplane, that has a passenger seating 
configuration, excluding pilot seats, of

[[Page 29758]]

nine or less if that airplane is type certificated for one required 
pilot.
    (3) A large or turbojet-powered multiengine airplane that holds a 
special airworthiness certificate, if:
    (i) the airplane was originally designed with only one pilot 
station, or
    (ii) the airplane was originally designed with more than one pilot 
station, but single pilot operations were permitted by the airplane 
flight manual or were otherwise permitted by a branch of the United 
States armed forces or the armed forces of a foreign contracting State 
to the Convention on International Civil Aviation.
    (c) No person may designate a pilot to serve as second in command, 
nor may any pilot serve as second in command, of an airplane required 
under this section to have two pilots unless that pilot meets the 
qualifications for second in command prescribed in Sec.  61.55 of this 
chapter.

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
24. The authority citation for part 121 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 
41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 
Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-
44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 
(49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 
44732 note).

0
25. In Sec.  121.383, revise paragraph (c) to read as follows:


Sec.  121.383  Airman: Limitations on use of services.

* * * * *
    (c) A certificate holder may obtain approval to provide a temporary 
document verifying a flightcrew member's airman certificate and medical 
certificate privileges under an approved certificate verification plan 
set forth in the certificate holder's operations specifications. A 
document provided by the certificate holder may be carried as an airman 
certificate or medical certificate on flights within the United States 
for up to 72 hours.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
26. The authority citation for part 135 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105; 
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).

0
27. Revise Sec.  135.95 to read as follows:


Sec.  135.95  Airmen: Limitations on use of services.

    (a) No certificate holder may use the services of any person as an 
airman unless the person performing those services--
    (1) Holds an appropriate and current airman certificate; and
    (2) Is qualified, under this chapter, for the operation for which 
the person is to be used.
    (b) A certificate holder may obtain approval to provide a temporary 
document verifying a flightcrew member's airman certificate and medical 
certificate privileges under an approved certificate verification plan 
set forth in the certificate holder's operations specifications. A 
document provided by the certificate holder may be carried as an airman 
certificate or medical certificate on flights within the United States 
for up to 72 hours.
0
28. In Sec.  135.99, add paragraphs (c) and (d) to read as follows:


Sec.  135.99  Composition of flight crew.

* * * * *
    (c) Except as provided in paragraph (d), a certificate holder 
authorized to conduct operations under instrument flight rules may 
receive authorization from the Administrator through its operations 
specifications to establish a second-in-command professional 
development program. As part of that program, a pilot employed by the 
certificate holder may log time as second in command in operations 
under this part that do not require a second pilot by type 
certification of the aircraft or the regulation under which the flight 
is being conducted, provided--
    (1) The certificate holder:
    (i) Maintains records for each assigned second in command 
consistent with the requirements in Sec.  135.63 of this part;
    (ii) Provides a copy of the records required by Sec.  
135.63(a)(4)(vi) and (x) of this part to the assigned second in command 
upon request and within a reasonable time;
    (iii) Establishes and maintains a data collection and analysis 
process that will enable the certificate holder and the FAA to 
determine whether the professional development program is accomplishing 
its objectives; and
    (iv) Conducts flight instructor standardization meetings at least 
once every 12 calendar months for all flight instructors serving as 
pilot in command during operations with a second in command serving 
under the professional development program.
    (2) The aircraft is a multiengine airplane that has an independent 
set of controls for a second pilot flightcrew member which may not 
include a throwover control wheel and the following equipment and 
independent instrumentation for a second pilot:
    (i) An airspeed indicator;
    (ii) Sensitive altimeter adjustable for barometric pressure;
    (iii) Gyroscopic bank and pitch indicator;
    (iv) Gyroscopic rate-of-turn indicator combined with an integral 
slip-skid indicator;
    (v) Gyroscopic direction indicator;
    (vi) For IFR operations, a vertical speed indicator;
    (vii) For IFR operations, course guidance for en route navigation 
and instrument approaches; and
    (viii) A microphone, transmit switch, and headphone or speaker.
    (3) The pilot assigned to serve as second in command satisfies the 
following requirements:
    (i) The second in command qualifications in Sec.  135.245 of this 
part;
    (ii) The flight time and duty period limitations and rest 
requirements in subpart F of this part;
    (iii) The crewmember testing requirements for second in command in 
subpart G of this part; and
    (iv) The crewmember training requirements for second in command in 
subpart H of this part; and
    (4) The assigned pilot in command is a flight instructor (aircraft) 
qualified under Sec. Sec.  135.338 and 135.340 of this part.
    (d) The following certificate holders are not eligible to receive 
authorization for a second-in-command professional development program 
under paragraph (c):
    (1) A certificate holder that uses only one pilot in its 
operations; and
    (2) A certificate holder that has been approved to deviate from the 
requirements in Sec. Sec.  135.21(a), 135.341(a), or 119.69(a) of this 
chapter.
0
29. In Sec.  135.245, revise paragraph (a) and add paragraph (c) to 
read as follows.


Sec.  135.245  Second in command qualifications.

    (a) Except as provided in paragraph (b), no certificate holder may 
use any person, nor may any person serve, as second in command of an 
aircraft unless that person holds at least a commercial pilot 
certificate with appropriate category and class ratings and an 
instrument rating.
* * * * *
    (c) No certificate holder may use any person, nor may any person 
may serve, as second in command under IFR unless

[[Page 29759]]

that person meets the following instrument experience requirements:
    (1) Use of an airplane or helicopter for maintaining instrument 
experience. Within the 6 calendar months preceding the month of the 
flight, that person performed and logged at least the following tasks 
and iterations in-flight in an airplane or helicopter, as appropriate, 
in actual weather conditions, or under simulated instrument conditions 
using a view-limiting device:
    (i) Six instrument approaches;
    (ii) Holding procedures and tasks; and
    (iii) Intercepting and tracking courses through the use of 
navigational electronic systems.
    (2) Use of an FSTD for maintaining instrument experience. A person 
may accomplish the requirements in paragraph (c)(1) of this section in 
an approved FSTD provided:
    (i) The FSTD represents the category of aircraft for the instrument 
rating privileges to be maintained;
    (ii) The person performs the tasks and iterations in simulated 
instrument conditions; and
    (iii) An authorized instructor observes the tasks and iterations 
and signs the person's logbook or training record to verify the time 
and content of the session.

PART 141--PILOT SCHOOLS

0
30. The authority citation for part 141 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709, 44711, 45102-45103, 45301-45302.

0
31. In Sec.  141.5, revise paragraph (d) to read as follows:


Sec.  141.5  Requirements for a pilot school certificate.

* * * * *
    (d) Has established a pass rate of 80 percent or higher on the 
first attempt for all:
    (1) Knowledge tests leading to a certificate or rating,
    (2) Practical tests leading to a certificate or rating,
    (3) End-of-course tests for an approved training course specified 
in appendix K of this part; and
    (4) End-of-course tests for special curricula courses approved 
under Sec.  141.57 of this part.
* * * * *
0
32. In appendix D to part 141:
0
a. Revise section 4, paragraphs (b)(1)(ii) and (b)(2)(ii); and
0
b. Amend paragraphs (b)(3)(i) and (b)(4)(i), by removing the words 
``flight simulator'' and adding in their place the words ``full flight 
simulator''. The revisions read as follows:

Appendix D to Part 141--COMMERCIAL PILOT CERTIFICATION COURSE

* * * * *
    4. Flight training.
* * * * *
    (b) * * *
    (1) * * *
    (ii) Ten hours of training in a complex airplane, a turbine-
powered airplane, or a technically advanced airplane;
* * * * *
    (2) * * *
    (ii) 10 hours of training in a multiengine complex or turbine-
powered airplane;
* * * * *
0
33. In appendix I to part 141, revise section 4, paragraph (k)(2)(iv) 
and (k)(2)(v) to read as follows:

Appendix I to Part 141--Additional Aircraft Category and/or Class 
Rating Course

* * * * *
    4. Flight training.
* * * * *
    (k) * * *
    (2) * * *
    (iv) One 2-hour cross country flight during nighttime conditions 
in a multiengine airplane and, a total straight-line distance of 
more than 100 nautical miles from the original point of departure; 
and
    (v) Three hours of flight training in a multiengine airplane 
within 2 calendar months before the date of the practical test.
* * * * *

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f), 44701(a)(5), and 44703(a), on April 22, 2016.
John S. Duncan,
Director, Flight Standards Service.

[FR Doc. 2016-10168 Filed 5-11-16; 8:45 am]
 BILLING CODE 4910-13-P