[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Proposed Rules]
[Pages 44779-44793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20957]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, and 141

[Docket No. FAA-2008-0938; Notice No. 09-08]
RIN 2120-AJ18


Pilot in Command Proficiency Check and Other Changes to the Pilot 
and Pilot School Certification Rules

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION:  Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA is proposing several changes to our pilot, flight 
instructor, and pilot school certification rules. The proposals include 
requiring pilot-in-command (PIC) proficiency checks for pilots who act 
as PIC of single piloted, turbojet-powered airplanes; allowing pilot 
applicants to apply for a private pilot certificate and an instrument 
rating concurrently; and making allowance in the rule to provide for 
the issuance of standard U.S. pilot certificates on the basis of an 
international licensing agreement between the FAA and a foreign civil 
aviation authority. The FAA has recently entered into such an agreement 
with the civil aviation authority of Canada. The FAA is also proposing 
to allow pilot schools to use Internet-based training programs without 
requiring schools to have a physical ground training facility. The FAA 
is proposing to allow pilot schools and provisional pilot schools to 
apply for a combined private pilot certification and instrument rating 
course. The FAA is also proposing to revise the definition of ``complex 
airplane.'' Because of changing technology in aviation, the results of 
successful research, and an international agreement, the FAA has 
determined these proposed changes to the pilot, flight instructor, and 
pilot school certification rules are necessary to ensure pilots are 
adequately trained and qualified to operate safely in the National 
Airspace System. The FAA has determined these proposals are needed to 
respond to changes in the aviation industry and to further reduce 
unnecessary regulatory burdens.

DATES: Send your comments to reach us on or before November 30, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0938 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, 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.


[[Page 44780]]


For more information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information you 
provide. Using the search function of our docket web site, anyone can 
find and read the electronic form of all comments received into any of 
our dockets, including the name of the individual sending the comment 
(or signing the comment for an association, business, labor union, 
etc.) You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://docketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov at any time and follow the online 
instructions for accessing the docket. Or, go to the Docket Management 
Facility 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: For technical questions concerning 
this proposed rule contact John D. Lynch, Certification and General 
Aviation Operations Branch, General Aviation and Commercial Division, 
AFS-810, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-3844; e-mail 
john.d.lynch@faa.gov. For legal questions concerning this proposed rule 
contact Michael Chase, Esq., Office of Chief Counsel, AGC-240, 
Regulations Division, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-3110; e-mail 
michael.chase@faa.gov.

SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional 
Information section, we discuss how you can comment on this proposal 
and how we will handle your comments. Included in this discussion is 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. We also discuss how 
you can get a copy of this proposal and related rulemaking documents.

I. Authority for This Rulemaking

    The FAA's authority to issues rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator, including the 
authority to issue, rescind, and revise regulations. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Chapter 447--Safety Regulation. Under section 
44701, the FAA is charged with promoting safe flight of civil aircraft 
in air commerce by prescribing regulations necessary for safety. Under 
section 44703, the FAA issues an airman certificate to an individual 
when we find, after investigation, that the individual is qualified 
for, and physically able to perform the duties related to, the position 
authorized by the certificate. In this NPRM, we are proposing to amend 
the training, qualification, certification, and operating requirements 
for pilots.
    The proposing changes are intended to ensure that flight 
crewmembers have the training and qualifications to operate aircraft 
safety. For this reason, the proposed changes are within the scope of 
our authority and are a reasonable and necessary exercise of our 
statutory obligations.

II. Background

    This notice of proposed rulemaking (NPRM) includes 16 changes to 
FAA's existing pilot, flight instructor, and pilot school certification 
regulations. These regulations are published in Title 14 of the Code of 
Federal Regulations, the pilot certifications regulations appear in 
part 61, the flight instruction regulations appear in part 91, and the 
pilot school certification regulations appear in part 141. The proposed 
changes update are regulations to reflect advances in aircraft design 
and avionics, pilot training, and international relations. One of the 
proposed amendments requires proficiency checks for a pilot who acts as 
single pilot in comment of a turbo-jet powered airplane. These new 
turbojet-powered airplanes are widely referred to as very light jets 
(VLJs). Other proposed changes relate to improved pilot training 
methods including the use of Internet-based training programs and 
concurrent pilot certification and instrument rating training. The FAA 
is also proposing to revise Sec.  61.71 to provide for the issuance of 
standard U.S. pilot certificates on the basis of an international 
licensing agreement between the FAA and a foreign civil aviation 
authority. Recently, the FAA entered into an Implementation Procedures 
for Licensing (IPL) agreement with the civil aviation authority from 
Transport Canada to establish reciprocity of pilot certification for 
the private pilot, commercial pilot, and airline transport pilot 
certificates for the airplane and instrument-airplane ratings.

III. Summary Table of Proposed Changes

    The table below lists the proposed changes contained in this NPRM 
in order of their Code of Federal Regulations (CFR) designations.

------------------------------------------------------------------------
                                                 Summary of the proposed
       Proposal No.          CFR designation             changes
------------------------------------------------------------------------
1........................  Sec.   61.1(b)(3)..  Proposal to revise the
                                                 definition of ``complex
                                                 airplane'' to include
                                                 airplanes equipped with
                                                 a full authority
                                                 digital engine control
                                                 (FADEC) and move it
                                                 from Sec.   61.31(e) to
                                                 Sec.   61.1(b)(3).
2........................  Sec.   61.58(a)(1)   Proposal to require a
                            & (2) and (d)(1)-    Sec.   61.58 PIC
                            (4).                 proficiency check for
                                                 PICs of single piloted,
                                                 turbojet-powered
                                                 airplanes.
3........................  Sec.   61.65(a)(1).  Proposal to permit the
                                                 application for and the
                                                 issuance of an
                                                 instrument rating
                                                 concurrently with a
                                                 private pilot
                                                 certificate for pilots.
4........................  Sec.   61.71(c)....  Proposal to allow the
                                                 conversion of a foreign
                                                 pilot license to a U.S.
                                                 pilot certificate based
                                                 on an Implementation
                                                 Procedure for Licensing
                                                 (IPL) agreement.
5........................  Sec.                 Commercial pilot
                            61.129(a)(3)(ii).    certificate, airplane
                                                 single engine class
                                                 rating--Proposal to
                                                 replace the 10 hours of
                                                 complex airplane
                                                 aeronautical experience
                                                 with 10 hours of
                                                 advanced instrument
                                                 training.
6........................  Sec.                 Commercial pilot
                            61.129(b)(3)(ii).    certificate, airplane
                                                 multiengine class
                                                 rating--Proposal to
                                                 replace the 10 hours of
                                                 complex multiengine
                                                 airplane aeronautical
                                                 experience with 10
                                                 hours of advanced
                                                 instrument training.

[[Page 44781]]

 
7........................  Sec.   91.109(a)     Proposal to expand the
                            and (b)(3).          use of airplanes with a
                                                 single, functioning
                                                 throwover control wheel
                                                 for providing expanded
                                                 flight training. This
                                                 proposal parallels the
                                                 long standing grants of
                                                 exemptions that the FAA
                                                 has issued to many
                                                 petitioners for use
                                                 with certain airplanes
                                                 with a single,
                                                 functioning throwover
                                                 control wheel.
8........................  Sec.   141.45......  Proposal to allow pilot
                                                 schools and provisional
                                                 pilot schools an
                                                 exception to the
                                                 requirement to have a
                                                 ground training
                                                 facility when the
                                                 training course is an
                                                 online, computer-based
                                                 training program.
9........................  Sec.   141.55(c)(1)  Proposal to allow pilot
                                                 schools and provisional
                                                 pilot schools an
                                                 exception to the
                                                 requirement to describe
                                                 each room used for
                                                 ground training when
                                                 the training course is
                                                 an online, computer-
                                                 based training program.
10.......................  Part 141, Appx D,    Commercial pilot
                            para. 4.(b)(1)(ii).  certification course
                                                 for an airplane single
                                                 engine class rating--
                                                 Proposal to replace the
                                                 10 hours of complex
                                                 airplane training with
                                                 10 hours of advanced
                                                 instrument training.
11.......................  Part 141, Appx D,    Commercial pilot
                            para. 4.(b)(2)(ii).  certification course
                                                 for an airplane
                                                 multiengine class
                                                 rating--Proposal to
                                                 replace the 10 hours of
                                                 complex multiengine
                                                 airplane training with
                                                 10 hours of advanced
                                                 instrument training.
12.......................  Part 141, Appx I,    Additional airplane
                            para. 4.(a)(3)(ii).  single-engine class
                                                 rating at the
                                                 commercial pilot
                                                 certification level--
                                                 Proposal to replace the
                                                 10 hours of complex
                                                 airplane training with
                                                 10 hours of advanced
                                                 instrument training.
13.......................  Part 141, Appx I,    Additional airplane
                            para. 4.(b)(2)(ii).  multiengine class
                                                 rating at the
                                                 commercial pilot
                                                 certification level--
                                                 Proposal to replace the
                                                 10 hours of complex
                                                 multiengine airplane
                                                 training with 10 hours
                                                 of advanced instrument
                                                 training.
14.......................  Part 141, Appx I,    Additional airplane
                            para. 4.(j)(2)(ii).  single-engine class
                                                 rating at the
                                                 commercial pilot
                                                 certification level--
                                                 Proposal to replace the
                                                 10 hours of complex
                                                 airplane training with
                                                 10 hours of advanced
                                                 instrument training.
15.......................  Part 141, Appx I,    Additional airplane
                            para. 4.(k)(2)(ii).  multiengine class
                                                 rating at the
                                                 commercial pilot
                                                 certification level--
                                                 Proposal to replace the
                                                 10 hours of complex
                                                 multiengine airplane
                                                 training with 10 hours
                                                 of advanced instrument
                                                 training.
16.......................  Part 141, Appx M...  Proposal to establish a
                                                 combined private pilot
                                                 certification and
                                                 instrument rating
                                                 course.
------------------------------------------------------------------------

    On August 21, 2009, the FAA published a final rule entitled, 
``Pilot, Flight Instructor, and Pilot School Certificate'' (See 74 FR 
42500). In that final rule, we established paragraphs 4.(a)(3)(ii), 
(b)(2)(ii), (j)(2)(ii), and (k)(2)(ii) in part 141, appendix I to 
clarify the training requirements for an additional aircraft category 
and class rating courses. In proposal Nos. 12, 13, 14, and 15 of this 
preamble, we are now proposing additional changes to paragraphs 
4.(a)(3)(ii), (b)(2)(ii), (j)(2)(ii) and (k)(2)(ii) in part 141, 
appendix I to replace the 10 hours of complex airplane training with 10 
hours of advanced instrument training.

IV. Description of Proposed Changes

    (1) Proposal to revise the definition of ``complex airplane'' and 
move it from Sec.  61.31(e) to Sec.  61.1(b)(3).
    The FAA proposes to revise the definition of ``complex airplane'' 
to include airplanes that are equipped with a full authority digital 
engine control (FADEC) system consisting of a digital computer and 
associated accessories for controlling both the engine and propeller 
with a single lever control. On November 2, 2006, we issued FAA Notice 
No. 8000.331, ``Airplanes Equipped with Retractable Landing Gear, 
Flaps, and FADEC Meet the Definition of a Complex Airplane (hereafter 
`Complex Airplane Notice').'' That Notice made the public aware of our 
determination that airplanes equipped with a retractable landing gear, 
flaps, and a FADEC system met the definition of a ``complex airplane.'' 
In that Notice, we also stated that a FADEC-equipped airplane with a 
retractable landing gear and flaps may be used for the training and 
practical test to meet the ``complex airplane'' requirement for the 
airplane single-engine and multiengine land ratings at the commercial 
pilot certification and flight instructor certification.
    The current definition of a ``complex airplane'' in Sec.  61.31(e) 
requires that the airplane have a retractable landing gear, flaps, and 
a controllable pitch propeller. As a result, a number of training 
providers have complained to the FAA that they have had to keep older 
airplanes in their inventory that meet this current Sec.  61.31(e) 
``complex airplane'' definition for providing commercial pilot and 
flight instructor training of Sec.  61.129(a)(3)(ii) or Sec.  
61.129(b)(3)(ii) and the additional training requirements of Sec.  
61.31(e). To remove this unnecessary burden, we are proposing to 
consider an airplane equipped with a FADEC system as being equivalent 
to one having a controllable pitch propeller.
    (2) Proposal to require a recurrent PIC proficiency check for a PIC 
of a single piloted, turbojet-powered airplane.
    The FAA is proposing to revise Sec.  61.48 by requiring PIC 
proficiency checks for pilots who act as PIC of single piloted, 
turbojet-powered airplanes. Section 61.58 currently requires a PIC of 
aircraft requiring more than one pilot flight crewmember to undergo a 
proficiency check.
    The number of single piloted, turbojet-powered airplanes is 
expected to increase dramatically in the next few years. The expansion 
of single piloted, turbojet-powered airplanes is the result of new 
designs that are substantially lower in cost and smaller in size. These 
new turbojet-powered airplanes are widely referred to as very light 
jets (VLJs).
    In July 2005, the FAA convened a study group, known as the Very 
Light Jet (VLJ) Cross Organizational Group, to identify concerns 
regarding the safe operation of VLJs and other single piloted, 
turbojet-powered airplanes. One concern was that existing Sec.  61.58 
does not require a pilot in command (PIC) of a single piloted, 
turbojet-powered airplane to complete a recurrent PIC proficiency 
check. The Sec.  61.58 PIC proficiency check currently applies only to 
a PIC of an aircraft that is type certificated for more than one 
required pilot flight crewmember. Thus, under current rules it would be 
possible for a pilot to accomplish the flight review required under 
Sec.  61.56 in a glider, balloon, or small general aviation aircraft, 
such as a Cessna 152, and then

[[Page 44782]]

act as PIC in a single piloted, turbojet-powered airplane.
    When Sec.  61.58 was originally adopted, there were no single 
piloted turbojet-powered airplanes and the FAA did not have to address 
whether a proficiency check was needed for single-piloted turbojet 
operations. However, with the manufacture of the Cessna Citation series 
beginning in the 1980s, some turbojet-powered airplanes have been 
certificated to be operated by one pilot, such as Cessna Citations and 
Citation Jets (Cessna 501, Cessna 551, and Cessna 515). Since Sec.  
91.531 requires large aircraft and most turbojet-powered, multiengine 
airplanes to be operated with a second-in-command pilot flight 
crewmember, the FAA began issuing grants of exemption to operators and 
training providers of two-piloted Cessna Citation (CE500, CE550, CE552, 
and CE450) to enable operations with one pilot. These grants of 
exemption were issued with certain conditions, one of which requires a 
PIC to undergo annual PIC training and proficiency checks.
    With the number of VLJs estimated to be in operation in the future, 
the FAA anticipates that there may be many less-experienced owners and 
operators of these airplanes. The FAA believes that requiring Sec.  
61.58 PIC proficiency checks in single piloted, turbojet-powered 
airplanes will help ensure that these airplanes are operated by 
competent and proficient pilots. This proposed change would affect 
pilots who serve as PIC in single piloted, turbojet-powered airplanes, 
such as the Cessna 501, Cessna 525, Cessna 551, Raytheon 390, and 
Eclipse 500. (Pilots operating single piloted, turbojet-powered 
airplane with an experimental airworthiness certificate also would be 
affected.) The number of pilots affected will increase as the number of 
single piloted, turbojet-powered airplanes increase. There are several 
manufacturers who have such airplanes under development and the fleet 
is expected to expand significantly.
    (3) Proposal to permit the issuance of an instrument rating 
concurrently with a private pilot certificate.
    The FAA proposes to revise Sec.  61.65(a)(1) to allow applicants 
for a private pilot certificate and instrument rating to apply 
concurrently for the private pilot certificate with an instrument 
rating. This proposal would also result in adding a new appendix M to 
part 141 to establish a combined private pilot certification and 
instrument rating course. (See proposal number 16 in this preamble for 
further explanation.)
    Under existing Sec.  61.65(a)(1), an applicant for an instrument 
rating must hold at least a private pilot certificate that is 
appropriate to the instrument rating sought. This precludes an 
applicant from simultaneously applying for both the private pilot 
certificate and instrument rating and performing one practical test for 
both the private pilot certificate and instrument rating. For several 
years the FAA co-sponsored studies and research with Advanced General 
Aviation Transport Experiment (AGATE), FAA and Industry Training 
Standards (FITS), Middle Tennessee State University (MTSU), and Embry 
Riddle Aeronautical University (ERAU) to explore the feasibility of 
private pilot applicants obtaining an instrument rating while 
concurrently enrolled in a private pilot certification course. The FAA 
has issued grants of exemption to ERAU and MTSU where we have monitored 
the feasibility of private pilot applicants receiving training 
concurrently for private pilot certification and instrument rating, and 
whether it can be done safely and efficiently.
    In 1994, AGATE was founded to develop affordable new technology as 
well as industry standards and certification methods for airframe, 
cockpit, flight training systems, and airspace infrastructure for the 
next generation of single piloted, all-weather light airplanes. The 
Flight Training Curriculum Workgroup was established to develop and 
validate advanced training technologies and techniques that take 
advantage of emerging technologies. The Workgroup developed a combined 
private pilot certificate and instrument rating training curriculum 
with part 141 pilot schools. In 1999, the FAA granted ERAU an exemption 
from Sec.  61.65(a)(1). That exemption (Exemption No. 7168) permitted 
graduates of ERAU's combined private pilot and instrument rating course 
to take the combined private pilot certification and instrument rating 
airplane single-engine land practical test. In 2004, the FAA granted 
MTSU an exemption from Sec.  61.65(a)(1). That exemption (Exemption No. 
8456) allows graduates of MTSU's combined private pilot certificate and 
instrument rating course to take the private pilot and instrument 
rating practical test simultaneously.
    ERAU's and MTSU's combined private pilot and instrument rating 
course has demonstrated that some of their students were able to handle 
the combined course and demonstrate the required knowledge, skills, and 
abilities to operate safely under both visual meteorological conditions 
(VMC). Historically, accident statistics show that all weather-related 
accidents account for approximately 4.0 percent of total accidents. For 
single engine airplanes with a fixed landing gear, the airplane used 
predominantly by both student and private pilots, by far the largest 
weather-related accident cause is continuing to fly under VFR into IMC. 
This occurs when a pilot encounters changing weather conditions and 
does not land prior to encountering IMC. The proposed rule change would 
permit private pilot applicants to combine their private pilot and 
instrument training, which would improve their skills to operate in IMC 
and should reduce weather-related accidents. Thus, the FAA is proposing 
to revise Sec.  61.65(a)(1) to allow applicants for an instrument 
rating to concurrently apply for a private pilot certificate.
    (4) Proposal to allow the conversion of a foreign pilot license to 
a U.S. pilot certificate based on an Implementation Procedures for 
Licensing (IPL) agreement.
    The FAA proposes to amend Sec.  61.71 by adding a new paragraph (c) 
to allow the conversion of foreign pilot licenses to equivalent U.S. 
pilot certificates that are issued on the basis of an Implementation 
Procedures for Licensing (IPL) agreement that has been approved by the 
Administrator and the licensing authority of a foreign civil aviation 
authority.
    On June 12, 2000, the United States and Canada signed an 
international agreement known as a Bilateral Aviation Safety Agreement 
(BASA). This agreement facilitates the mutual acceptance of various 
aspects of aviation safety oversight systems for the benefit of pilots 
and other uses of those systems. It also promotes the efficiency of the 
aviation authorities of the respective countries through cooperative 
agreements. In the BASA, Canada and the United States have developed 
supporting agreements in the form of technical annexes called 
implementation procedures that address specific areas of aviation 
safety activities. The technical annex addressing pilot licensing is 
called Implementation Procedures for Licensing or IPL. The IPL permits 
pilots holding certain pilot licenses or certificates from either 
country to obtain a pilot license or certificate from the other country 
after the pilot applicant has met the appropriate qualifications and 
certification requirements.
    To execute an IPL, the BASA requires the FAA and Transport Canada 
Civil Aviation (TCCA) to first evaluate each other's pilot licensing 
standards and procedures and compare them to their own to determine 
what, if any, additional requirements would be

[[Page 44783]]

necessary to assure that the pilots are in compliance with their own 
standards. This task has been completed and the associated IPL was 
signed by FAA and TCCA on July 14, 2006. This IPL allows holders of FAA 
pilot certificates and holders of TCCA pilot licenses to convert to 
Canadian pilot licenses and U.S. pilot certificates, respectively. The 
IPL currently is limited to the airplane category of aircraft at the 
private, commercial, and airline transport pilot levels of licenses or 
certificates, and includes the following ratings or qualifications: 
instrument rating, class ratings of airplane single engine land (ASEL) 
and airplane multi-engine land (AMEL), type ratings, and night 
qualification addressed under part 61 and Canadian Aviation Regulations 
Part IV. The FAA and TCCA have agreed that they may amend the IPL to 
allow conversion of other licenses or certificates in the future. 
Therefore, to issue a U.S. pilot certificate on the basis of this IPL, 
the FAA proposes to revise Sec.  61.71 to allow holders of TCCA pilot 
licenses to convert to U.S. pilot certificates.
    This proposal would merely allow the issuance of a standard U.S. 
pilot certificate on the basis of an IPL agreement between the FAA and 
a foreign civil aviation authority. To date, our agreement with TCCA is 
the only IPL that we have entered into, and the agreement serves as the 
basis for proposing Sec.  61.71(c). The issuance of a U.S. private 
pilot certificate and ratings under Sec.  61.75 is a separate pilot 
certification process.
    (5) Commercial pilot certificate, airplane single-engine class 
rating--Proposal to replace the 10 hours of complex airplane 
aeronautical experience with 10 hours of advanced instrument training.
    The FAA proposes to eliminate the requirement for 10 hours of 
aeronautical experience in a complex airplane in Sec.  61.129(a)(3)(ii) 
and replace it with 10 hours of advanced instrument training in a 
single-engine airplane, or in a flight simulator, flight training 
device, or an aviation training device that replicates a single-engine 
airplane. The training must include instrument approaches consisting of 
both precision and non-precision approaches, holding at navigational 
radio stations, intersections, waypoints, and cross-country flying that 
involve performing takeoff, area departure, enroute, area arrival, 
approach, and missed approach phases of flight.
    The FAA proposes to revise the Commercial Pilot Certification--
Airplane Single Engine (Land and Sea) rating because fewer single-
engine airplanes are being produced with retractable landing gears. 
Manufacturers of general aviation airplanes now produce technologically 
advanced airplanes with ``glass cockpits,'' but which do not have 
retractable landing gears. Many pilot schools have complained about the 
necessity to keep 30-year old Cessna 172RGs and Piper Arrows in 
inventory, which are less technically advanced airplanes, for the sole 
purpose of providing 10 hours of complex airplane training. 
Furthermore, the FAA has determined that most commercial pilot 
applicants are simultaneously applying for the Instrument-Airplane 
rating, and this proposal would reduce training costs and align the 
rules with current training and certification practices.
    (6) Commercial pilot certificate, airplane multiengine class 
rating--Proposal to replace the 10 hours of complex multiengine 
airplane aeronautical experience with 10 hours of advanced instrument 
training.
    The FAA proposes to amend Sec.  61.129(b)(3)(ii) to eliminate the 
requirement for 10 hours of aeronautical experience in a complex 
multiengine airplane and replace it with 10 hours of advanced 
instrument training in a multiengine airplane, or in a flight 
simulator, flight training device, or an aviation training device that 
replicates a multiengine airplane. The training must include instrument 
approaches consisting of both precision and non-precision approaches, 
holding at navigational radio stations, intersections, waypoints, and 
cross-country flying that involved performing takeoff, area departure, 
enroute, area arrival, approach, and missed approach phases of flight.
    The FAA proposes to amend Sec.  61.129(b)(3)(ii) for the Commercial 
Pilot Certification--Airplane Multiengine (Land and Sea) rating because 
this training would be more beneficial if it were devoted to the 
development of proficiency using instruments. This proposed change to 
Sec.  61.129(b)(3)(ii) for the Commercial Pilot Certification--Airplane 
Multiengine (Land and Sea) rating would parallel the proposed change 
being considered for the Commercial Pilot Certification--Airplane 
Single-Engine (land and Sea) rating in for Sec.  61.129(a)(3)(ii). 
Therefore, the FAA proposes to replace the complex multiengine airplane 
training with advanced instrument training.
    (7) Proposal to expand the use of an airplane with a single, 
functioning throwover control wheel for providing certain kinds of 
flight training and checking.
    The FAA proposes to revise Sec.  91.109(a) to allow for use of an 
airplane with a single, functioning throwover control wheel for 
conducting flight instruction. We also propose to revise Sec.  
91.109(b)(3) to allow for the use of an airplane with a single, 
functioning throwover control wheel for conducting a flight review, 
performing recent flight experience, instrument flight experience, and 
instrument competency checks.
    Existing Sec.  91.109(a) provides for conducting instrument flight 
instruction in a single engine airplane with a single, functioning 
throwover control wheel. Existing Sec.  91.109(b)(3) provides for using 
a single engine airplane with a single, functioning throwover control 
wheel during simulated instrument flight.
    Since August 30, 1993, the FAA has issued several grants of 
exemption and extensions. These grants of exemption allow instructors 
to provide recurrent flight training and simulated instrument flight 
training in certain aircraft, such as, Beechcraft Barons, Bonanzas, 
Debonairs, and Travel Air that are equipped with a single, functioning 
throwover control wheel for the purpose of meeting the recency of 
experience requirements and flight review contained in Sec. Sec.  
61.56(a), (b), and (f) and 61.57(e)(1) and (2). This proposal would 
amend Sec.  91.109(a) and (b)(3) to incorporate the conditions and 
limitations that are stated in those grants of exemption.
    (8) Proposal to allow pilot schools and provisional pilot schools 
an exception to the requirement to have a ground training facility when 
the training course is an online, computer-based training program.
    The FAA proposed to revise Sec.  141.45 to allow an exception for 
pilot schools and provisional pilot schools to the requirement to have 
a ground training facility when the training course is an online, 
computer-based training program. Examples of online, computer-based 
training are the flight instructor refresher courses, pilot ground 
school courses, aeronautical knowledge training courses, and some 
elements of subpart K of part 141 special preparation courses.
    When part 141 was originally developed by the FAA in 1960, we did 
not envision that aviation training would be available on a personal 
computer via the Internet. More recently, the FAA has approved several 
training providers to conduct flight instructor refresher training 
through the Internet. Our experience with this kind of Internet-based 
training has shown that this training provides an equivalent

[[Page 44784]]

level of supervision by the training provider without requiring the 
student to be physically present in a classroom. The training providers 
for this kind of Internet-based training have a permanent business 
location and telephone, and the training course software allows the FAA 
to monitor the training from a remote site. For this reason, our rules 
should not prohibit part 141 pilot schools from conducting Internet-
based training, nor should there necessarily be a ground training 
facility when training is being provided via the Internet.
    (9) Proposal to allow pilot schools and provisional pilot schools 
an exception from the requirement to describe each room used for ground 
training course is an online, computer-based training program.
    The FAA proposes to revise Sec.  141.55(c)(1) by providing an 
exception for pilot schools and provisional pilot schools from the 
requirement to describe each room used for ground training when the 
training course is an online, computer-based training program. Examples 
of online, computer-based training are flight instructor refresher 
courses, pilot ground school courses, aeronautical knowledge training 
courses, and some elements of appendix K, part 141 for special 
preparation courses. We are proposing this change for the same reasons 
previously discussed in proposal No. 8 of this preamble.
    (10) Commercial pilot certification course for an airplane single-
engine class rating--Proposal to replace the 10 hours of complex 
airplane training requirement with 10 hours of advanced instrument 
training.
    The FAA proposes to revise part 141, appendix D, paragraph 
4.(b)(1)(ii) to correspond to the change proposed for Sec.  
61.129(a)(3)(ii), which is previously discussed in proposal No. 5 of 
this preamble document. This proposed change would require part 141 
pilot schools to revise their commercial pilot certification courses by 
replacing 10 hours of training in a ``complex airplane'' with 10 hours 
of advanced instrument training in a single-engine airplane, or in a 
flight simulator, flight training device, or an aviation training 
device that replicates a single engine airplane.
    (11) Commercial pilot certification course for an airplane 
multiengine class rating--Proposal to replace the 10 hours of complex 
multiengine airplane training requirement with 10 hours of advanced 
instrument training.
    The FAA proposes to revise part 141, appendix D, paragraph 
4.(b)(2)(ii) to correspond to the change proposed for Sec.  
61.129(b)(3)(ii), which is previously discussed in proposal No. 6 of 
this preamble. This proposed change would require part 141 pilot 
schools to revise their commercial pilot certification courses by 
replacing 10 hours of training in a ``complex multiengine airplane'' 
with 10 hours of advanced instrument training in a multiengine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a multiengine airplane.
    (12) Additional airplane single-engine class rating at the 
commercial pilot certification level--Proposal to replace the 10 hours 
of complex airplane training with 10 hours of advanced instrument 
training.
    The FAA proposes to revise part 141, appendix I, paragraph 
4.(a)(3)(ii) to correspond to the change proposed for part 141, 
appendix D, paragraph 4.(b)(1)(ii), which is previously discussed in 
proposal No. 5 of this NPRM document. This proposed change would 
require part 141 pilot schools to revise their commercial pilot 
certification courses by replacing 10 hours of training in a ``complex 
airplane'' with 10 hours of advanced instrument training in a single-
engine airplane, or in a flight simulator, flight training device, or 
an aviation training device that replicates a single engine airplane.
    (13) Additional airplane multiengine class rating at the commercial 
pilot certification level--Proposal to replace the 10 hours of complex 
multiengine airplane training requirement with 10 hours of advanced 
instrument training.
    The FAA proposes to revise part 141, appendix I, paragraph 
4.(b)(2)(ii) to correspond to the change proposed for part 141, 
appendix D, paragraph 4.(b)(2)(ii), which is previously discussed in 
proposal No. 6 of this preamble. This proposed change would require 
part 141 pilot schools to revise their commercial pilot certification 
courses by replacing 10 hours of training in a ``complex multiengine 
airplane'' with 10 hours of advanced instrument training in a 
multiengine airplane, or in a flight simulator, flight training device, 
or an aviation training device that replicates a multiengine airplane.
    (14) Additional airplane single-engine class rating at the 
commercial pilot certification level--Proposal to replace the 10 hours 
of complex airplane training with 10 hours of advanced instrument 
training.
    The FAA proposes to revise part 141, appendix I, paragraph 
4.(j)(2)(ii) to correspond to the change proposed for part 141, 
appendix I, paragraph 4.(a)(3)(ii), which is previously discussed in 
proposal No. 5 of this preamble. This proposed change would require 
part 141 pilot schools to revise their commercial pilot certification 
courses by replacing 10 hours of training in a ``complex airplane'' 
with 10 hours of advanced instrument training in a single-engine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a single engine airplane.
    (15) Additional airplane multiengine class rating at the commercial 
pilot certification level--Proposal to replace the 10 hours of complex 
multiengine airplane training with 10 hours of advanced instrument 
training.
    The FAA proposes to revise part 141, appendix I, paragraph 
4.(k)(2)(ii) to correspond to the change proposed for part 141, 
appendix I, paragraph 4.(b)(2)(ii), which is previously discussed in 
proposal No. 6 of this preamble. This proposed change would require 
part 141 pilot schools to revise their commercial pilot certification 
courses by replacing 10 hours of training in a ``complex multiengine 
airplane'' with 10 hours of advanced instrument training in a 
multiengine airplane, or in a flight simulator, flight training device, 
or an aviation training device that replicates a multiengine airplane.
    (16) Proposal to establish a combined private certification and 
instrument rating course.
    The FAA proposes to add new Appendix M to part 141 to correspond to 
the change proposed for Sec.  61.65(a)(1), which is discussed in 
proposal No. 3 of this preamble. This proposed change would provide for 
a combined private pilot certification and instrument rating course. As 
discussed in proposal No. 3 of this preamble, we propose to allow an 
applicant for an instrument rating to concurrently apply for a private 
pilot certificate.
    Under this proposal, the training requirements would be 65 hours of 
ground training and 70 hours of flight training that includes 5 hours 
of flying solo. The proposal would allow the use of flight simulators, 
flight training devices, and aviation training devices. The percentage 
of usage allowed to be conducted in flight simulators, flight training 
devices, and aviation training devices can be found in proposed 
paragraph 4.(c) in appendix M to part 141.

V. Regulatory Notices and Analyses

Paperwork Reduction Act

    There are no new information collection requirements associated 
with

[[Page 44785]]

this NPRM. Existing information collection requirements have been 
approved previously by the Office of Management and Budget (OMB) under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)) and have been assigned OMB Control Number 2120-0021.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these proposed regulations.

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs 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; however, the Office of Management and 
Budget has determined that this NPRM is a ``significant regulatory 
action'' because it harmonizes U.S. aviation standards with those of 
other civil aviation authorities, (3) is ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) would not have a 
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.

Benefit-Cost Analysis Summary

A. Proposal To Require PIC Proficiency Checks for PICs of Single 
Piloted Turbojet-Powered Airplanes

    Costs--The FAA estimates that there are currently about 1,550 
single piloted turbojet airplanes, and more to be manufactured in the 
future. The FAA estimates that only approximately 325 of these 
airplanes are ever flown with a single pilot. The cost of PIC 
proficiency checks varies by the type of airplane as well as whether 
the check is performed in a simulator or an airplane, ranging from $600 
to $2,000 per hour. In many instances, insurance carriers require 
annual PIC training in single piloted turbojet airplanes, so most 
pilots already undergo annual PIC proficiency checks to qualify for the 
premium reduction. Requiring proficiency checks on single piloted, 
turbojet-powered airplanes would be a new requirement. The FAA 
estimates that over 10 years costs would sum to approximately $26.8 
million.
    Benefits--In July 2005, the FAA convened a study group, the VLJ 
Cross Organizational Group, to identify areas of concern regarding the 
safe operation of light jets and other single piloted turbojet-powered 
airplanes. The FAA and this study group noted that existing regulations 
are currently written so that pilots in charge of other single piloted 
turbojet-powered airplanes are not required to receive recurrent PIC 
proficiency checks. The FAA is concerned these PICs could take a flight 
review in a small general aviation aircraft and still fly legally and 
carry passengers in single piloted turboprop-powered airplanes that are 
capable of operating at speeds of over 500 knots and with commercial 
jets. This proposal to require proficiency checks in single piloted, 
turbojet-powered airplanes and other single piloted airplanes would 
ensure that this would not occur, and constitutes an increase in 
safety.

B. Proposal To Allow the Conversion of a Foreign Pilot License to a 
U.S. Pilot Certificate Based on an Implementation Procedure for 
Licensing (IPL) Agreement

    Costs and Benefits--There would be no incremental costs of 
implementing the Bilateral Aviation Safety Agreement (BASA). Removing 
barriers to getting pilot certificates and licenses and flying in both 
countries would encourage greater ease in flying and more efficient 
enforcement. By facilitating acceptance of various aspects of each 
country's aviation safety oversight system, the proposal should lead to 
less burden for pilots and aviation authorities, and could engender 
cost savings.

C. Proposal To Allow Pilot Schools To Use Internet-Based Training 
Programs Without Requiring Schools To Have a Ground Training Facility

    Costs--The FAA estimates that there are currently six operators 
that provide online training and that between five and fifteen pilot 
schools might initially consider adding an on-line curriculum. The FAA 
has no estimate of how many more would offer this service in the longer 
term. FAA bases its cost estimates on an additional 10 pilot schools 
initially electing to use this option. The costs would involve the 
costs of submitting a training course for FAA approval and the FAA's 
processing costs. The FAA estimates that the total initial costs would 
sum to $10,800.
    Benefits--The FAA has in the past extended approval to several 
training providers to conduct flight instructor refresher training via 
the Internet. The FAA has found this kind of training is the equivalent 
to that provided in a classroom setting. Pilot schools would be able to 
realize cost savings through the need for fewer instructors, reduced 
costs of curriculum maintenance, and less classroom and auxiliary 
support space. The extent of savings would vary by provider. The FAA 
calls for comments on the potential cost savings. The FAA envisions the 
proposal to be a win-win situation for operators, course developers, 
pilots, and the FAA.

D. Proposal To Change the Definition of ``Complex Airplane'' and 
Eliminate the ``Complex Airplane'' Training Requirements for Commercial 
Pilot and Flight Instructor Certification

    Costs--This change would not result in incremental costs; rather, 
it would result in cost savings which are considered a benefit as 
described below.
    Benefits--The FAA believes that this proposal would result in cost 
savings to

[[Page 44786]]

pilot schools and training providers because they wouldn't have to keep 
an inventory of two kinds of airplanes to meet the commercial pilot and 
flight instructor certification requirements. The FAA estimates that 
each pilot school and training provider could save as much as $1,000 
per airplane per month in maintenance and leasing costs. The FAA does 
not have data on the number of pilot schools and training providers 
maintaining inventories of airplanes equipped with the FADEC system and 
those without. Therefore, the FAA calls for comments on current and 
planned inventory levels of airplanes equipped with the FADEC system.
    Substituting 10 hours of instrument training for 10 hours of 
``complex airplane'' training would allow students to use their time 
more efficiently. There are fewer ``complex airplanes'' that anyone 
could fly, students would benefit more by using these extra 10 hours 
for instrument training rather than flying ``complex airplanes.'' 
Safety could be increased by the students getting the more useful 
instrument flying training.
    For students, there may be cost implications to the extent that 
they can substitute the 10 hours in a ``complex airplane'' for 
instrument training simulator time. Under the current regulations, 
commercial pilot applicants are permitted to credit 25 hours in a 
flight simulator/flight training device toward the commercial pilot 
certificate, and this would not change. However, in some cases, it is 
possible that some applicants could benefit. It is possible that 
substituting instrument training for ``complex airplanes'' would make 
applicants more likely to use simulators if they would not have already 
trained for 25 hours in a flight simulator and so would save in terms 
of flight instructor costs. However, the FAA does not know how many 
applicants would substitute time from the currently required ``complex 
airplane'' training for instrument simulator time and so calls for 
comments.

E. Proposal To Allow Pilot Applicants to Apply for a Private Pilot 
Certificate and Instrument Rating Concurrently

    Costs and Benefits--There would be cost implications for 
applicants, pilot schools, and the FAA, as described below.
1. Applicants
    Currently, the majority of applicants obtain their pilot 
certification outside of a part 141 pilot school because there are more 
fixed base operators and independent flight instructors than there are 
part 141 pilot schools. However, because the amount of time required 
would diminish substantially under part 141 pilot school training, the 
FAA believes that some applicants who would otherwise get their 
certificates under part 61 would seek out part 141 pilot schools to 
receive their combined private pilot certification and instrument 
rating.
    Over the years, about 30% of applicants for pilot certification 
have graduated from part 141 pilot schools. The FAA estimates that 
about 2% of applicants would attempt to get a combined private pilot 
and instrument rating. The relatively low percentage results from the 
costs, time, and complexity of taking the combined training, and 
reflects the experience of schools operating under an exemption that 
permitted combined training. The FAA estimates a time advantage of 20 
hours for the combined rating as opposed to the individual ratings.
    Cost savings would be a function of the number of applicants 
getting the combined certificate at part 141 schools, having to take 
one less exam, and filling out one less application form. FAA estimates 
annual cost savings for applicants of $675,400 and ten-year costs 
savings of $6.75 million.
2. Schools
    Of the part 141 pilot schools, 367 schools provide courses for 
private pilot airplane certification and instrument-airplane ratings. 
The FAA does not know how many of these 367 schools would apply for a 
combined private and instrument course and calls for comments on the 
likelihood of schools exercising this option, and the estimated costs 
and benefits from doing so. Each pilot school would need to modify its 
syllabus to accommodate this change and submit it to its local FSDO for 
approval.
3. FAA
    There would be both costs and cost savings to the FAA, the former 
involving the processing of modified syllabi and the latter involving 
the need to process fewer applications. At the FADO, the ASI would 
review and approve the course. Each applicant getting a combined 
private pilot and instrument rating would have to submit one less 
application form to the FAA for approval. Ten-year quantifiable net 
cost savings to the FAA would sum to $9,700.
    In addition to cost saving benefits, there would also be safety 
benefits. Currently, many pilots get their private pilot certificate 
and then wait before getting their instrument rating. Until they get 
their instrument rating, they fly under visual flight rules (VFR). They 
are not qualified to fly into instrument meteorological conditions 
(IMC). Until they quality for their instrument rating, they are at 
greater risk of weather-related accidents if changing weather 
conditions result in their operating into IMC. The FAA believes that 
combined private pilot certification and instrument rating would reduce 
weather-related accidents. While these types of accidents comprise 
approximately 4.0% of total accidents for single-engine airplanes with 
a fixed landing gear, they account for approximately 14.0% of the fatal 
accidents in such airplanes. The FAA reviewed 1,928 general aviation 
fatal accidents from October 2002 through June 2007. About 70% of 
eligible pilots were instrument rated; however, about 75% of these 
accidents occurred under VMC. Pilots flying under VFR in bad weather 
are more likely to attempt to use VMC to land. About 45% of pilots 
flying under VFR or with no flight plan had accidents, while only 10% 
of pilots flying under IOFR had accidents. It is very possible that 
better flight planning for minimum safe altitudes in the event of 
inadvertent instrument meteorological conditions (IMC) would help more 
than altitude instrument flying and unusual altitude recovery training. 
Many fatal accidents are due to pilots being unable to control the 
airplane using instruments when they inadvertently enter IMC. However, 
if a pilot has an instrument rating when he or she first gets his or 
her private pilot certificate, then he or she is less likely to lose 
control of the aircraft. Thus, combined private pilot certification and 
instrument rating has the potential to reduce weather-related accidents 
of VFR flights into IMC.

F. Total Costs

    Total costs of these proposals over 10 years sum to $20.01 million 
($13.27 million, discounted).
Initial Regulatory Flexibility Determination
    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of

[[Page 44787]]

small entities, including small businesses, not-for-profit 
organizations and small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final 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 Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 RFA provides that 
the head iof 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.
    For this rule, affected small entity groups are considered to be 
corporations that own aircraft, pilot schools, and training providers. 
The corresponding North American Indsutry Classsification System 
[NAICS] are 481211 (Non scheduled Chartered Passenger Air 
Transportation) and 611512 (Flight Training), respectively. Some of the 
proposals affect only pilots; however, pilots are not considered to be 
small entities, so there wuold no small entity impact on pilots. The 
remainder of this section discusses small entity impacts in the same 
order as the groupings above for the benefit-cost analysis summary.
    A. The proposal requiring proficiency checks for pilots in command 
of single piloted turbojet-powered airplanes would affect pilots, pilot 
examiners, and corporations that own these airplanes. Pilots are not 
entities, so there would not be a small entity impact with regards to 
pilots. The vast majority of the pilot proficiency examiners are 
employees of the operator, the corporation, and those that are not 
employees would not be considered small businesses. The cost of a 
proficiency check is about $1,300. Given the assumption of 1.5 pilots 
for each single piloted, turbojet-powered airplanes and the assumption 
that few corporations would have more than a few VLJs, the overall 
impact of these proficiency checks would be minimal, and so there would 
not be a significant impact.
    B. The proposal to allow foreign pilot applicants to convert their 
foreign pilot license to a U.S. pilot certificate issued on the basis 
of an IPL agreement would affect pilots, who are not consdiered to be 
small entities.
    C. The proposal to allow pilot schools to use online training 
without requiring a physical ground training facility would be 
optional. The FAA does not believe that more than 5 to 15 schools would 
initially take advantage of this proposal. Schools would opt to do this 
only if they believe that the ultimate pay off, in terms of additional 
students and revenue, would outweigh start-up costs and the annual 
maintenance costs. The FAA does not believe that there would be a 
significant impact on a substantial number of entities.
    D. Small businesses that would be affected by the revised 
definition of ``complex airplane'' would be schools and training 
providers. Many pilot schools would not have to keep an inventory of 
two kinds of airplanes to meet the commercial pilot and flight 
instructor certification requirements. This would engender cost 
savings, which the FAA estimates at $1,000 per airplane annually. 
Accordingly, the FAA believes that this proposal would not have a 
significant economic impact on a substantial number of small entities.
    The proposal to replace the requirement for 10 hours of ``complex 
airplane'' aeronautical experience with 10 hours of specific advanced 
instrument training with regards to the training required for a 
commercial pilot certificate would not have a small entity impact 
because pilots are not considered to be small entities.
    E. The proposal allowing applicants to apply for a private pilot 
certificate and instrument rating concurrently and allow pilot schools 
to apply for a combined private pilot certification and instrument 
rating course would affect pilots and pilot schools. Pilots are not 
small businesses, so there would not be a small entity impact. Each 
pilot school would have one-time costs to purchase and process the new 
syllabus before submission to the FSDO of under $1,000, which would not 
be a significant impact.
    Therefore, the FAA certifies that this proposed rule would not have 
a significant economic impact on a substantial number of small 
entities. The FAA solicits comments regarding this determination.

International Trade Impact Statement

    The trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Legitimate domestic objectives, such as safety, are 
not considered unnecessary obstacles. 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 believes that it would 
impose the same costs on dometic and international entities and, thus 
have a neutral trade impact.

Unfunded Mandates Determination

    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 
(adjusted annually for inflation) 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 $136.1 million in lieu of 
$100 million.
    This proposed rule does not contain such a mandate. Therefore the 
requirements of Title II do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action would not have a substantial direct effect on the States, on the 
relationship between the national 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.

Plain English

    Executive Order 12866 (58 FR 51735, October 4, 1993) requires each 
agency to write regulations that are simple and easy to understand. We 
invite your comments on how to make these proposed regulations easier 
to understand, including answers to questions such as the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain unnecessary technical 
language or jargon that interferes with their clarity?
     Would the regulations be easier to understand if they were 
divided into more (but shorter) sections?
     Is the description in the preamble helpful in 
understanding the proposed regulations? Please send your comments to 
the address specified in the ADDRESSES section.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded

[[Page 44788]]

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 proposed 
rulemaking action qualifies for the categorical exclusion identified in 
paragraph 307(k) and involves no extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

VI. Additional Information

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, 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, please send only one copy of written comments, or 
if you are filing comments electronically, please submit your comments 
one time.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after that comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Proprietary or Confidential Business Information

    Do not file in the docket information that you consider to be 
proprietary or confidential business information. Send or deliver this 
information directly to the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this document. You must mark the 
information that you consider proprietary or confidential. If you send 
the information on a disk or CD ROM, mark the outside of the disk or CD 
ROM and also identify electronically within the disk or CD ROM the 
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when we are aware of proprietary information 
filed with a comment, we do not place in the docket. We hold it in a 
separate file to which the public does not have access, and place a 
note in the docket that we have received it. If we receive a request to 
examine or copy this information, we treat it as any other request 
under the Freedom of Information Act (5 U.S.C. 552). We process such a 
request under the DOT procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at: http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at: http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy 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) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.
    You may access all documents the FAA considered in developing this 
proposed rule, including economic analyses and technical reports, from 
the internet through the Federal eRulemaking Portal referenced in 
paragraph (1).

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements, Security measures, Teachers.

14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico, 
Noise control, Political candidates, Reporting and recordkeeping 
requirements, Yugoslavia.

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, and, at amendatory instruction 14, as amended on August 
21, 2009 (74 FR 42566), and effective October 20, 2009, as follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

    1. The authority citation for part 61 continues to read as follows:


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

    2. Amend Sec.  61.1 by re-designating paragraphs (b)(3) through 
(b)(16) as paragraphs (b)(4) through (b)(17) respectively, and by 
adding a new paragraph (b)(3) to read as follows:


Sec.  61.1  Applicability and definitions.

* * * * *
    (b) * * *
    (3) Complex airplane means an airplane that has 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, such as a full authority digital engine control (FADEC). 
A complex seaplane would not necessarily be equipped with a retractable 
landing gear.
* * * * *
    Amend Sec.  61.31 by revising the introductory text of paragraph 
(e)(1) to read as follows:


Sec.  61.31  Type rating requirements, additional training, and 
authorization requirements.

* * * * *
    (e) * * *
    (1) Except as provided in paragraph (e)(2) of this section, no 
person may act as pilot in command of a complex airplane, unless the 
person has--
* * * * *
    4. Amend Sec.  61.58 by revising the section heading; paragraphs 
(a), (d)(1), (d)(2), (d)(3), and (d)(4) to read as follows:


Sec.  61.58  Pilot-in-command proficiency check: Operation of an 
aircraft that requires more than one pilot flight crewmember or is 
turbojet-powered.

    (a) Except as otherwise provided in this section, to serve as pilot 
in

[[Page 44789]]

command of an aircraft that is type certificated for more than one 
required pilot crewmember, or is turbojet-powered, a person must--
    (1) Within the preceding 12 calendar months, complete a pilot-in-
command proficiency check in an aircraft in which that person will 
serve as pilot-in-command, that is type certificated for more than one 
required pilot flight crewmember, or is turbojet-powered; and
    (2) Within the preceding 24 calendar months, complete a pilot-in-
command proficiency check in the particular type of aircraft in which 
that person will serve as pilot-in-command, that is type certificated 
for more than one required pilot flight crewmember, or is turbojet-
powered.
* * * * *
    (d) * * *
    (1) A pilot-in-command proficiency check conducted by a person 
authorized by the Administrator, consisting of the aeronautical 
knowledge areas, areas of operations, and tasks required for a type 
rating, in an aircraft that is type certificated for more than one 
pilot flight crewmember or is turbojet-powered.
    (2) The practical test required for a type rating, in an aircraft 
that is type certificated for more than one required pilot flight 
crewmember or is turbojet-powered;
    (3) The initial or periodic practical test required for the 
issuance of a pilot examiner or check airman designation, in an 
aircraft that is type certificated for more than one required pilot 
flight crewmember or is turbojet-powered;
    (4) A pilot proficiency check administered by a U.S. Armed Force 
that qualifies the military pilot for pilot-in-command designation with 
instrument privileges, and was performed in a military aircraft that 
the military requires to be operated by more than one pilot flight 
crewmember or is turbojet-powered.
* * * * *
    5. Amend Sec.  61.65 by revising paragraph (a)(1) to read as 
follows:


Sec.  61.65  Instrument rating requirements.

    (a) * * *
    (1) Hold at least a current private pilot certificate, or be 
concurrently applying for a private pilot certificate, with an 
airplane, helicopter, or powered-lift rating appropriate to the 
instrument rating sought;
* * * * *
    6. Amend Sec.  61.71 by adding new paragraph (c) to read as 
follows:


Sec.  61.71  Graduates of an approved training program other than under 
this part: Special rules.

* * * * *
    (c) A person who holds a foreign pilot license and is applying for 
an equivalent U.S. pilot certificate on the basis of an approved 
Implementation Procedures for Licensing agreement is considered to have 
met the applicable aeronautical experience, aeronautical knowledge, and 
areas of operation requirements of this part.
    7. Amend Sec.  61.129 by revising paragraphs (a)(3)(ii) and 
(b)(3)(ii) to read as follows:


Sec.  61.129  Aeronautical experience.

    (a) * * *
    (3) * * *
    (ii) 10 hours of advanced instrument training in a single engine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a single engine airplane, and 
the training must include instrument approaches consisting of both 
precision and non-precision approaches, holding at navigational radio 
stations, intersections, waypoints, and cross-country flying that 
involves performing takeoff, area departure, enroute, area arrival, 
approach, and missed approach phases of flight;
* * * * *
    (b) * * *
    (3) * * *
    (ii) 10 hours of advanced instrument training in a multiengine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a multiengine airplane, and 
the training must include instrument approaches consisting of both 
precision and non-precision approaches, holding at navigational radio 
stations, intersections, waypoints, and cross-country flying that 
involves performing takeoff, area departure, enroute, area arrival, 
approach, and missed approach phases of flight;
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

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


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

    9. Amend Sec.  91.109 by revising paragraphs (a) introductory text 
and (b)(3) to read as follows:


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

    (a) No person may operate a civil aircraft (except a manned free 
balloon) that is being used for flight instruction unless that aircraft 
has fully functioning dual controls. However, instrument flight 
instruction may be given in an airplane that is equipped with a single, 
functioning throwover control wheel that controls the elevator and 
ailerons, in place of fixed, dual controls, when--
* * * * *
    (b) * * *
    (3) Except in the case of lighter-than-air-aircraft, the aircraft 
must be equipped with fully functioning dual controls. However, an 
airplane equipped with a single functioning, throwover control wheel 
that controls the elevator and ailerons may be used in accordance with 
the following conditions and limitations:
    (1) The airplane's pilot stations must be side-by-side seating.
    (ii) An airplane with only a single functioning, throwover control 
wheel must be equipped with operable rudder pedals at both pilot 
stations.
    (iii) An airplane equipped with a single functioning, throwover 
control wheel may be used for:
    (A) Conducting a flight review required by Sec.  61.56 of this 
chapter.
    (B) Obtaining a recent flight experience as required by Sec.  61.57 
of this chapter.
    (C) Maintaining instrument proficiency as required by Sec.  
61.57(c) or (d) of this chapter.
    (iv) The pilot manipulating the controls of an airplane with only a 
single functioning, throwover control wheel must be qualified to, and 
serve as, pilot in command of the airplane.
    (v) To serve as a flight instructor in an airplane with only a 
single functioning, throwover control wheel, that flight instructor 
must:
    (A) Be current and qualified to serve as the pilot in command and 
flight instructor in the airplane involved, as required by Sec.  
61.195(b) and (f) of this chapter; and
    (B) Have logged at least 25 hours of pilot in command flight time 
in that make and model of airplane with a single, functioning throwover 
control wheel involved.
* * * * *

PART 141--PILOT SCHOOLS

    10. The authority citation for 14 CFR part 141 continues to read as 
follows:


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


[[Page 44790]]


    11. Revise Sec.  141.45 to read as follows:


Sec.  141.45  Ground training facilities.

    An applicant for a pilot school or provisional pilot school 
certificate must show that:
    (a) Except as provided in paragraph (c) of this section, each room, 
training booth, or other space used for instructional purposes is 
heated, lighted, and ventilated to conform to local building, 
sanitation, and health codes.
    (b) Except as provided in paragraph (c) of this section, the 
training facility is so located that the students in that facility are 
not distracted by the training conducted in other rooms, or by flight 
and maintenance operations on the airport.
    (c) If a training course is conducted through an Internet-based 
medium, the pilot school or provisional pilot school that provides the 
training must comply with the following:
    (1) The school must maintain a permanent business location and 
business telephone number.
    (2) The school must inform the FAA within 3 working days of any 
change of location of its permanent business address.
    (3) The school must maintain its FAA-aproved training course 
outline and student records at its permanent business location.
    (4) The school must ensure that its approved Training Course 
Outlines are adhered to by its students and instructors.
    (5) The school will issue to each graduate of its approved training 
courses, a sequentially numbered graduation certificate containing at 
least the following information:
    (i) The school's full business name and address.
    (ii) The full name and address of each graduate.
    (iii) The date of issuance of the graduation certificate.
    (iv) In accordance with Sec.  61.719a) of this chapter, a statement 
that the graduation certificate is valid for 60 days from the date of 
issuance.
    (v) The signature of the chief instructor or its FAA-approved 
Airman Certification Representative (ACR).
    (6) The school must maintain a record of the complete name and 
addressed of all of its students, whether a graduation certificate was 
issued or denied. If a graduation certificate is denied, the reason 
must be stated in that student's file. Student records must be 
maintained for a period of at least 12 calendar months after the 
student has completed or was terminated from the training course.
    (7) The school must maintain in current status, its mailing 
address, telephone number, and facsimile number for a point of contact 
for all its Internet-based training courses.
    (8) The school must submit its training course outlines revisions 
to the FAA that are identified numerically by page, date, and screen, 
at least 30 days prior to their planned use of the training course 
outline. Minor editorial and typographical changes do not require FAA 
approval, provided the school notifies the FAA within 30 days of their 
insertion.
    (9) For monitoring purposes, the school must provide the FAA an 
acceptable means to:
    (i) Log-in and review all elements of the course as viewed by 
attendees and to by-pass the normal attendee restrictions.
    (ii) Logoff at will from a remote location.
    (10) The school must incorporate adequate security measures into 
its Internet-based courseware information system and into its operating 
and maintenance procedures to ensure the following fundamental areas of 
security and protection:
    (i) Integrity.
    (ii) Identification/Authentication.
    (iii) Confidentiality.
    (iv) Availability.
    (v) Access Control.
    (11) The pilot school must design its Internet-based courses to 
ensure that the data will not be exposed to accidental alteration or 
destruction, and that the data is the same as that in source documents 
or has been correctly computed from source data without inappropriate 
alteration.
    (12) When requested by the FAA, the pilot school must make the 
following information about its Internet-based courses readily 
available to the FAA in a timely manner. The information must be held 
in confidence to protect that information from unauthorized disclosure. 
The information that must be made available to the FAA, includes:
    (i) Training course material and content.
    (ii) Name of the student to include the student's pilot certificate 
number, address, and telephone number.
    (iii) Training folder or electronic training record, as 
appropriate, of the individual student.
    (iv) Tests taken by the individual student.
    (v) Test results record of the individual student.
    (vi) Copy of the graduation certificate of the individual student.
    (13) The pilot school must use software in the design of its 
Internet-based training courses that provides for accountability and 
traceability that enables any violations and attempted violations of 
security protections to be traced to an individual who may have 
committed such acts.
    12. Amend Sec.  141.55 by revising paragraph (c)(1) to read as 
follows:


Sec.  141.55  Training course: Contents.

* * * * *
    (c) * * *
    (1) A description of each room used for ground training, including 
the room's size and the maximum number of students that may be trained 
in the room at one time, unless the course is provided via an Internet-
based training medium;
* * * * *
    13. Amend Appendix D to part 141 by revising paragraphs 
4.(b)(1)(ii) and 4.(b)(2)(ii) to read as follows:

Appendix D to Part 141--Commercial Pilot Certification Course

* * * * *
    4. * * *
    (b) * * *
    (1) * * *
    (ii) 10 hours of advanced instrument training in a single-engine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a single-engine airplane, 
and the training must include instrument approaches consisting of 
both precision and non-precision approaches, holding at navigational 
radio stations, intersections, waypoints, and cross-country flying 
that involves performing takeoff, area departure, enroute, area 
arrival, approach, and missed approach phases of flight;
* * * * *
    (2) * * *
    (ii) 10 hours of advanced instrument training in a multiengine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a multiengine airplane, and 
the training must include instrument approaches consisting of both 
precision and non-precision approaches, holding at navigational 
radio stations, intersections, waypoints, and cross-country flying 
that involves performing takeoff, area departure, enroute, area 
arrival, approach, and missed approach phases of flight;
* * * * *
    14. Amend Appendix I to part 141, as amended on August 21, 2009 (74 
FR 42566), and effective October 20, 2009, by revising paragraphs 
4.(a)(3)(ii), (b)(2)(ii), (j)(2)(ii), and (k)(2)(ii) to read as 
follows:

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

* * * * *
    4. * * *
    (a) * * *

[[Page 44791]]

    (3) * * *
    (ii) 10 hours of advanced instrument training in a single-engine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a single-engine airplane 
and the training must include instrument approaches consisting of 
both precision and non-precision approaches, holding at navigational 
radio stations, intersections, waypoints, and cross-country flying 
that involves performing takeoff, area departure, enroute, area 
arrival, approach, and missed approach phases of flight;
* * * * *
    (b) * * *
    (2) * * *
    (ii) 10 hours of advanced instrument training in a multiengine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a multiengine airplane and 
the training must include instrument approaches consisting of both 
precision and non-precision approaches, holding at navigational 
radio stations, intersections, waypoints, and cross-country flying 
that involves performing takeoff, area departure, enroute, area 
arrival, approach, and missed approach phases of flight;
* * * * *
    (i) * * *
    (2) * * *
    10 hours of advanced instrument training in a single-engine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a single-engine airplane 
and the training must include instrument approaches consisting of 
both precision and non-precision approaches, holding at navigational 
radio stations, intersections, waypoints, and cross-country flying 
that involves performing takeoff, area departure, enroute, area 
arrival, approach, and missed approach phases of flight;
* * * * *
    (k) * * *
    (2) * * *
    (ii) 10 hours of advanced instrument training in a multiengine 
airplane, or in a flight simulator, flight training device, or an 
aviation training device that replicates a multiengine airplane and 
the training must include instrument approaches consisting of both 
precision and non-precision approaches, holding at navigational 
radio stations, intersections, waypoints, and cross-country flying 
that involves performing takeoff, area departure, enroute, area 
arrival, approach, and missed approach phases of flight;
* * * * *
    15. Add new Appendix M to Part 141 to read as follows:

Appendix M to Part 141--Combined Private Pilot Certification and 
Instrument Rating Course

    1. Applicability. This appendix prescribes the minimum 
curriculum for a combined private pilot certification and instrument 
rating course required under this part, for the following ratings:
    (a) Airplane.
    (1) Airplane single engine.
    (2) airplane multiengine.
    (b) Rotocraft helicopter.
    (c) Powered-lift.
    2. Eligibility for enrollment. A person must hold a sport pilot, 
recreational, or student pilot certificate prior to enrolling in the 
flight portion of a combined private pilot certification and 
instrument rating course.
    3. Aeronautical knowledge training.
    (a) Each approved course must include at least 65 hours of 
ground training on the aeronautical knowledge areas listed in 
paragraph (b) of this section that are appropriate to the aircraft 
category and class rating of the course:
    (b) Ground training must include the following aeronautical 
knowledge areas:
    (1) Applicable Federal Aviation Regulations for private pilot 
privileges, limitations, flight operations, and IFR flight 
operations.
    (2) Accident reporting requirements of the National 
Transportation Safety Board.
    (3) Applicable subjects of the ``Aeronautical Information 
Manual'' and the appropriate FAA advisory circulars.
    (4) Aeronautical charts for VFR navigation using pilotage, dead 
reckoning, and navigation systems.
    (5) Radio communication procedures.
    (6) Recognition of critical weather situations from the ground 
and in flight, windshear avoidance, and the procurement and use of 
aeronautical weather reports and forecasts.
    (7) Safe and efficient operation of aircraft and under 
instrument flight rules and conditions.
    (8) Collision avoidance and recognition and avoidance of wake 
turbulence.
    (9) Effects of density altitude on takeoff and climb 
performance.
    (10) Weight and balance computations.
    (11) Principles of aerodynamics, powerplants, and aircraft 
systems.
    (12) If the course of training is for an airplane category, 
stall awareness, spin entry, spins, and spin recovery techniques.
    (13) Air traffic control system and procedures for instrument 
flight operations.
    (14) IFR navigation and approaches by use of navigation systems.
    (15) Use of IFR en route and instrument approach procedure 
charts.
    (16) Aeronautical decision making and judgment.
    (17) Preflight action that includes--
    (i) How to obtain information on runway lengths at airports of 
intended use, data on takeoff and landing distances, weather reports 
and forecasts, and fuel requirements.
    (ii) How to plan for alternatives if the planned flight cannot 
be completed or delays are encountered.
    (iii) Procurement and use of aviation weather reports and 
forecasts, and the elements of forecasting weather trends on the 
basis of that information and personal observation of weather 
conditions.
    4. Flight training.
    (a) Each approved course must include at least seventy hours of 
training, as described in section 4 and section 5 of this appendix, 
on the approved areas of operation listed in paragraph (d) of 
section 4 that are appropriate to the aircraft category and class 
rating of the course:
    (b) Each approved course must include at least the following 
flight training:
    (1) For an airplane single-engine course: Seventy hours of 
flight training from an authorized instructor on the approved areas 
of operation in paragraph (d)(1) of this section that includes at 
least--
    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours 
of cross-country flight training in a single-engine airplane.
    (ii) Three hours of night flight training in a single-engine 
airplane that includes--
    (A) One cross-country flight of more than 100 nautical miles 
total distance.
    (B) Ten takeoffs and 10 landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport.
    (iii) Thirty-five hours of instrument flight training in a 
single-engine airplane that includes at least one cross-country 
flight that is performed under IFR and--
    (A) Is a distance of at least 250 nautical miles along airways 
or ATC-directed routing with one segment of the flight consisting of 
at least a straight-line distance of 100 nautical miles between 
airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of 
navigation systems.
    (iv) Three hours of flight training in a single-engine airplane 
in preparation for the practical test within 60 days preceding the 
date of the test.
    (2) For an airplane multiengine course: Seventy hours of 
training from an authorized instructor on the approved areas of 
operation in paragraph (d)(2) of this section that includes at 
least--
    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours 
of cross-country flight training in a multiengine airplane.
    (ii) Three hours of night flight training in a multiengine 
airplane that includes--
    (A) One cross-country flight of more than 100 nautical miles 
total distance.
    (B) Ten takeoffs and 10 landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport.
    (iii) Thirty-five hours of instrument flight training in a 
multiengine airplane that includes at least one cross-country flight 
that is performed under IFR and--
    (A) Is a distance of at least 250 nautical miles along airways 
or ATC-directed routing with one segment of the flight consisting of 
at least a straight-line distance of 100 nautical miles between 
airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of 
navigation systems.
    (iv) Three hours of flight training in a multiengine airplane in 
preparation for the practical test within 60 days preceding the date 
of the test.
    (3) For a rotorcraft helicopter course: Seventy hours of 
training from an authorized instructor on the approved areas of 
operation in paragraph (d)(3) of this section that includes at 
least--

[[Page 44792]]

    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours 
of cross-country flight training in a helicopter.
    (ii) Three hours of night flight training in a helicopter that 
includes--
    (A) One cross-country flight of more than 50 nautical miles 
total distance.
    (B) Ten takeoffs and 10 landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport.
    (iii) Thirty-five hours of instrument flight training in a 
helicopter that includes at least one cross-country flight that is 
performed under IFR and--
    (A) Is a distance of at least 100 nautical miles along airways 
or ATC-directed routing with one segment of the flight consisting of 
at least a straight-line distance of 50 nautical miles between 
airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of 
navigation systems.
    (iv) Three hours of flight training in a helicopter in 
preparation for the practical test within 60 days preceding the date 
of the test.
    (4) For a powered-lift course: Seventy hours of training from an 
authorized instructor on the approved areas of operation in 
paragraph (d)(4) of this section that includes at least--
    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours 
of cross-country flight training in a powered-lift.
    (ii) Three hours of night flight training in a powered-lift that 
includes--
    (A) One cross-country flight of more than 100 nautical miles 
total distance.
    (B) Ten takeoffs and 10 landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport.
    (iii) Thirty-five hours of instrument flight training in a 
powered-lift that includes at least one cross-country flight that is 
performed under IFR and--
    (A) Is a distance of at least 250 nautical miles along airways 
or ATC-directed routing with one segment of the flight consisting of 
at least a straight-line distance of 100 nautical miles between 
airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of 
navigation systems.
    (iv) Three hours of flight training in a powered-lift in 
preparation for the practical test, within 60 days preceding the 
date of the test.
    (c) For use of flight simulators or flight training devices:
    (1) The course may include training in a combination of flight 
simulators, flight training devices, and aviation training device, 
provided it is representative of the aircraft for which the course 
is approved, meets the requirements of this section, and the 
training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements 
of Sec.  141.41(a) of this part may be credited for a maximum of 35 
percent of the total flight training hour requirements of the 
approved course, or of this section, whichever is less.
    (3) Training in a flight training device or aviation training 
device that meets the requirements of Sec.  141.41(b) of this part 
may be credited for a maximum of 25 percent of the total flight 
training hour requirements of the approved course, or of this 
section, whichever is less.
    (4) Training in a combination of flight simulators, flight 
training devices, or aviation training devices, described in 
paragraphs (c)(2) and (c)(3) of this section, may be credited for a 
maximum of 35 percent of the total flight training hour requirements 
of the approved course, or of this section, whichever is less. 
However, credit for training in a flight training device and 
aviation training device, that meets the requirements of Sec.  
141.41(b), cannot exceed the limitation provided for in paragraph 
(c)(3) of this section.
    (d) Each approved course must include the flight training on the 
approved areas of operation listed in this section that are 
appropriate to the aircraft category and class rating course--
    (1) For a combined private pilot certification and instrument 
rating course involving a single-engine airplane:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and seaplane base operations.
    (iv) Takeoffs, landings, and go-arounds.
    (v) Performance maneuvers.
    (vi) Ground reference maneuvers.
    (vii) Navigation and navigation systems.
    (viii) Slow flight and stalls.
    (ix) Basic instrument maneuvers, flight by reference to 
instruments, and instrument approach procedures.
    (x) Air traffic control clearances and procedures.
    (xi) Emergency operations.
    (xii) Night operations.
    (xiii) Postflight procedures.
    (2) For a combined private pilot certification and instrument 
rating course involving a multiengine airplane:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and seaplane base operations.
    (iv) Takeoffs, landings, and go-arounds.
    (v) Performance maneuvers.
    (vi) Ground reference maneuvers.
    (vii) Navigation and navigation systems.
    (vii) Basic instrument maneuvers, flight by reference to 
instruments, and instrument approach procedurse.
    (viii) Slow flight and stalls.
    (ix) Basic instrument maneuvers, flight by reference to 
instruments, and instrument approach procedures.
    (x) Air traffic control clearances and procedures.
    (xi) Emergency operations.
    (xii) Multiengine operations.
    (xiii) Night operations.
    (xiv) Postflight procedures.
    (3) For a combined private pilot certification and instrument 
rating course involving a helicopter:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and heliport operations.
    (iv) Hovering maneuvers.
    (v) Takeoffs, landings, and go-arounds.
    (vi) Performance maneuvers.
    (vii) Navigation and navigation systems.
    (viii) Basic instrument maneuvers, flight by reference 
instruments, and instrument approach procedures.
    (ix) Air traffic control clearances and procedures.
    (x) Emergency operations.
    (xi) Night operations.
    (xii) Postflight procedures.
    (4) For a combined private pilot certification and instrument 
rating course involving a powered-lift:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and heliport operations.
    (iv) Hovering maneuvers.
    (v) Takeoffs, landings, and go-arounds.
    (vi) Performance maneuvers.
    (vii) Ground reference maneuvers.
    (viii) Navigation and navigation systems.
    (ix) Slow flight and stalls.
    (x) Basic instrument maneuvers, flight by reference to 
instruments, and instrument approach procedures.
    (xi) Air traffic control clearances and procedures.
    (xii) Emergency operations.
    (xiii) Night operations.
    (xiv) Postflight procedures.
    5. Solo flight training. Each approved course must include at 
least the following solo flight training:
    (a) For a combined private pilot certification and instrument 
rating course involving an airplane single-engine: Five hours of 
flying solo in a single-engine airplane on the appropriate areas of 
operation in paragraph (d)(1) of section 4 of this appendix that 
includes at least--
    (1) One solo cross-country flight of a least 100 nautical miles 
with landings at a minimum of three points, and one segment of the 
flight consisting of a straight-line distance of at least 50 
nautical miles between the takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport 
with an operating control tower.
    (b) For a combined private pilot certification and instrument 
rating course involving an airplane multiengine: Five hours of 
flying solo in a multiengine airplane or 5 hours of performing the 
duties of a pilot in command while under the supervision of an 
authorized instructor. The training must consist of the appropriate 
areas of operation in paragraph (d)(2) of section 4 of this 
appendix, and include at least--
    (1) One cross-country flight of at least 100 nautical miles with 
landings at a minimum of three points, and one segment of the flight 
consisting of a straight-line distance of at least 50 nautical miles 
between the takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport 
with an operating control tower.
    (c) For a combined private pilot certification and instrument 
rating course involving a helicopter: Five hours of flying solo in a 
helicopter on the appropriate areas of operation in paragraph (d)(3) 
of section 4 of this appendix that includes at least--
    (1) One solo cross-country flight of at least 50 nautical miles 
with landings at a

[[Page 44793]]

minimum of three points, and one segment of the flight consisting of 
a straight-line distance of at least 50 nautical miles between the 
takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport 
with an operating control tower.
    (d) For a combined private pilot certification and instrument 
rating course involving a powered-life: Five hours of flying solo in 
a powered-lift on the appropriate areas of operation in paragraph 
(d)(4) of section 4 of this appendix that includes at least--
    (1) One solo cross-country flight of at least 100 nautical miles 
with landings at a minimum of three points, and one segment of the 
flight consisting of a straight-line distance of at least 50 
nautical miles between the takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each 
landing involving a flight in the traffic pattern) at an airport 
with an operating control tower.
    6. Stage checks and end-of-course tests.
    (a) Each student enrolled in a private pilot course must 
satisfactorily accomplish the stage checks and end-of-course tests 
in accordance with the school's approved training course that 
consists of the approved areas of operation listed in paragraph (d) 
of section 4 of this appendix that are appropriate to the aircraft 
category and class rating for which the course applies.
    (b) Each student must demonstrate satisfactory proficiency prior 
to receiving an endorsement to operate an aircraft in solo flight.

    Issued in Washington, DC, on August 3, 2009.
John M. Allen,
Director, Flight Standards Service.

[FR Doc. E9-20957 Filed 8-28-09; 8:45 am]
BILLING CODE 4910-13-P