# Removal of Expiration Date on a Flight Instructor Certificate; Additional Qualification Requirements To Train Initial Flight Instructor Applicants; and Other Provisions

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2024-22018

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** October 1, 2024
- **Citation:** 89 FR 80020

## Text

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 61, 63, 65, and 141
[Docket No. FAA-2023-0825; Amdt. Nos. 11-67, 61-155, 63-47, 65-65, and 141-25]
RIN 2120-AL25
Removal of Expiration Date on a Flight Instructor Certificate; Additional Qualification Requirements To Train Initial Flight Instructor Applicants; and Other Provisions

AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT).

ACTION:

Final rule.

SUMMARY:

This action removes the expiration date on flight instructor certificates to align with other airman certificates. Additional amendments include updating renewal requirements to recent experience requirements, introducing a new method for establishing recent flight instructor experience, and allowing instructors with a lapse of no more than three months to reinstate privileges via an approved flight instructor refresher course instead of a practical test. This final rule also adds two new methods for flight instructors to qualify to train initial applicants. Finally, this final rule relocates and codifies the requirements for relief for U.S. military and civilian personnel who seek to renew their expired flight instructor certificate.

DATES:

This final rule is effective December 1, 2024, except that amendatory instruction 10 is effective March 1, 2027.

ADDRESSES:

For information on where to obtain copies of rulemaking documents and other information related to this final rule, see “How to Obtain Additional Information” in the
SUPPLEMENTARY INFORMATION
section of this document.

FOR FURTHER INFORMATION CONTACT:

Allan G. Kash, Training and Certification Group, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-1100; email
allan.g.kash@faa.gov.

SUPPLEMENTARY INFORMATION:

List of Abbreviations and Acronyms Frequently Used In This Document

AATD: Advanced Aviation Training Device

ATD: Aviation Training Device

BATD: Basic Aviation Training Device

FFS: Full Flight Simulator

FIEQTP: Flight Instructor Enhanced Qualification Training Program

FIRC: Flight Instructor Refresher Course

FSTD: Flight Simulation Training Device

FTD: Flight Training Device

NPRM: Notice of Proposed Rulemaking

WINGS: FAA's Pilot Proficiency Program

Table of Contents

I. Executive Summary

A. Purpose of the Regulatory Action

B. Changes Made in This Final Rule

C. Summary of the Costs and Benefits

II. Authority for This Rulemaking

III. Background

A. Statement of the Problem

B. Summary of the NPRM

C. General Overview of Comments

IV. Discussion of Comments and the Final Rule

A. Removal of Expiration Date on Flight Instructor Certificates (§ 61.19)

B. Changing the Flight Instructor Certificate Renewal Requirements to Flight Instructor Recent Experience Requirements (§ 61.197)

C. Recent Experience Based on Instructional Activity in an FAA-Sponsored Pilot Proficiency Program (§ 61.197(b)(2)(v))

D. Reinstatement of Flight Instructor Privileges by FIRC (§ 61.199)

E. Instructor Qualifications for Training Initial Flight Instructor Applicants (§ 61.195(h); § 141.11; Part 141, Appendix K)

F. Conforming Amendments (§§ 61.2, 61.56, 61.425, 61.427)

G. SFAR No. 100-2 Codification Under § 61.40 and Associated Amendments

H. Miscellaneous Comments

V. Severability

VI. Regulatory Notices and Analyses

A. Regulatory Evaluation

B. Regulatory Flexibility Act

C. International Trade Impact Assessment

D. Unfunded Mandates Assessment

E. Paperwork Reduction Act

F. International Compatibility

G. Environmental Analysis

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments

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

D. Executive Order 13609, Promoting International Regulatory Cooperation

VIII. Additional Information

A. Electronic Access and Filing

B. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

A. Purpose of the Regulatory Action

This final rule amends part 61 of title 14 of the Code of Federal Regulations (14 CFR) by revising the expiration, renewal, and reinstatement requirements for flight instructor certificates and revising the qualifications for flight instructors training initial flight instructor applicants.

As explained in section III.A. of the preamble, the FAA will remove the expiration date on flight instructor certificates to align with other airmen certificates. The flight instructor certificate renewal requirements will become recent experience requirements, which flight instructors must establish at least once every 24 calendar months. The final rule also adds a new method for flight instructors to establish recent experience by serving as a flight instructor in an FAA-sponsored pilot proficiency program. Additionally, while the FAA is not removing any existing allowances to renew a flight instructor certificate, as is discussed in section III.A. of this preamble, this final rule amends the reinstatement requirements of § 61.199 by allowing flight instructors to reinstate their flight instructor privileges by taking an approved flight instructor refresher course (FIRC), provided their recent experience has not lapsed for more than three calendar months.

As discussed in section IV.E. of the preamble, this final rule also revises the qualifications for instructors seeking to train initial flight instructor applicants. Specifically, the FAA is updating the existing qualification method by adding two new options. The first new option is based on training and endorsing successful applicants for practical tests. The FAA is also introducing a second new option as a method of qualification by completion of a new training program designed to prepare flight instructors to train initial flight instructor applicants.

Finally, the FAA will relocate and codify Special Federal Aviation Regulation (SFAR) No. 100-2,
Relief for U.S. Military and Civilian Personnel who are Assigned Outside the United States in Support of U.S. Armed Forces Operations,
into parts 61, 63, and 65, respectively. The codification of SFAR No. 100-2 is further discussed in section IV.F. of this preamble.

B. Changes Made in This Final Rule

This final rule adopts the amendments largely as proposed. The FAA notes three revisions to the rule, as explained in section IV. of this preamble.

This final rule revises the recent experience requirements based on instructional activity in an FAA-sponsored pilot proficiency program to clarify that 15 activities, rather than 15 hours of flight training, are required under the pilot proficiency program.

Additionally, this final rule revises § 61.197(b)(2)(i) to clarify that the 80 percent passage rate is based on all practical test applicants endorsed by the

recommending instructor in the preceding 24 calendar months.

The FAA has identified an unintended omission in the NPRM regarding a reference to flight instructor certificate expiration in § 61.51(h)(2)(ii). To correct this, the FAA will implement a two-phased amendment to this rule. The first phase will ensure that flight instructors who hold a flight instructor certificate with an expiration date and flight instructors who hold a flight instructor certificate without an expiration date will remain compliant with the requirements of § 61.51 when logging training time in pilot logbooks after the effective date of the final rule. The second phase will begin 27 months after the effective date of the final rule. This second amendment will remove references to the flight instructor certificate expiration date from § 61.51. The detailed discussion and rationale behind these changes are further discussed in section IV.G. of this preamble.

Finally, this final rule more precisely describes the timeframe that a person may exercise the relief set forth in new § 61.40, currently SFAR 100-2, as (1) while the person serves in an operation as set forth in § 61.40(b)(1), or (2) six calendar months after returning to the United States.

The FAA notes that there is no cost impact associated with any of the changes adopted in this final rule.

C. Summary of the Costs and Benefits

The FAA estimates this rule to result in $5.6 million, discounted over five years, in cost savings to FAA and industry, which includes removing the expiration date on the flight instructor certificate as well as allowing flight instructors whose recent experience has lapsed by no more than three calendar months to reinstate flight instructor privileges by taking a FIRC. These cost savings are driven primarily by the cost savings to industry of removing the expiration date on the flight instructor certificate.

II. Authority for This Rulemaking

The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.

The FAA is issuing this final rule under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires the Administrator to promote safe flight of civil aircraft in air commerce by prescribing regulations and setting minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security; and 49 U.S.C. 44703(a), which requires the Administrator to prescribe regulations for the issuance of airman certificates when the Administrator finds, after investigation, that an individual is qualified for and physically able to perform the duties related to the position authorized by the certificate. This rulemaking is within the scope of that authority. Finally, the FAA has determined that this rule satisfies the requirements of section 820 of the FAA Reauthorization Act of 2024, which requires the FAA to promulgate this final rule within 18 months after the date of enactment of the Act, to at a minimum, update part 61, Code of Federal Regulations, to remove the expiration date on the flight instructor certificate, and replace the requirement that a flight instructor renews their flight instructor certificate with appropriate recent experience requirements.
1

1
Section 820 of Public Law 118-63, 138 Stat. 1330 (49 U.S.C. 44939 note).

III. Background

A. Statement of the Problem

As discussed in the notice of proposed rulemaking (NPRM),
2

under § 61.19(d), a flight instructor certificate expires 24 calendar months from the month in which it was issued, renewed, or reinstated, as appropriate, except as provided in § 61.197(b).
3

Therefore, the FAA currently issues physical flight instructor certificates every time a flight instructor renews or reinstates their flight instructor certificate, which is at least every 24 calendar months, resulting in a process that is burdensome, inefficient, and costly to the FAA. Specifically, this process requires the FAA to process, print, and mail new certificates to all flight instructor certificate holders. Further, most airman certificates under part 61 do not have expiration dates; rather, a person may exercise the privileges of an airman certificate only if that person meets the appropriate recent experience requirements of part 61 specific to the operation or activity.

2
Removal of Expiration Date on a Flight Instructor Certificate; Additional Qualification Requirements to Train Initial Flight Instructor Applicants; and Other Provisions NPRM, 88 FR 32983 (May 23, 2023).

3
Section 61.197(b) prescribes requirements for determining the expiration month of a renewed flight instructor certificate.

Industry advocates have expressed support for removing the expiration date on a flight instructor certificate and amending the renewal and reinstatement requirements, asserting that an expiration date on a flight instructor certificate is overly burdensome, costly, and provides no safety benefits. As described in the NPRM, on September 14, 1999, and again on March 13, 2000, the Aircraft Owners and Pilots Association (AOPA) petitioned the FAA to remove the expiration date on a flight instructor certificate. AOPA expressed concern that many current and former flight instructors perceive the existing FAA regulatory requirement for certificate expiration and reinstatement as a significant disincentive to renewing an expired flight instructor certificate. AOPA's petition also asserted that flight instructor certificate expirations have substantially reduced the number of otherwise qualified and experienced part-time flight instructors.

In addition to AOPA's position on the flight instructor expiration, AOPA petitioned the FAA to consider adding a three-month grace period to allow flight instructors to reestablish recent experience by completing an FIRC within those three months. Under the current rules, flight instructors who do not renew their certificates before expiration must successfully complete a full practical test to reinstate their flight instructor certificate, a process that can be both expensive and time-consuming. AOPA asserted that a three-month grace period would directly benefit the public by encouraging many flight instructors with expired certificates to rejoin the instructional community and eliminating the need for over 9,700 salary hours of unnecessary administrative processing while not adversely affecting the quality of flight training or flight safety.

As discussed in the NPRM to this final rule, the FAA published an NPRM in 2007 after receipt of AOPA's petitions
4

that would have issued flight instructor certificates without an expiration date; however, the FAA decided to withdraw the proposal and implemented a simplified application process. However, this simplified application process did not sufficiently address the administrative burden on the FAA and flight instructors of renewing flight instructor certificates. Additionally, retaining the expiration dates on flight instructor certificates is inconsistent with most airman certificates issued under part 61, which

do not have expiration dates. Furthermore, the reinstatement requirements continue to provide a disincentive for flight instructors to reinstate their flight instructor certificates shortly after expiration because the only option available to reinstate a flight instructor certificate is to pass a flight instructor practical test.

4

See
88 FR at 32985 for additional discussion on the 2007 rulemaking action.

The FAA also recognizes the need for more qualified instructors to train new flight instructor applicants. Currently, flight instructors are required to have a minimum of 24 calendar months of instructional experience before they are eligible to train new flight instructor applicants. The flight training industry is impacted by the supply of flight instructors necessary to support future growth in aviation.

Finally, in Special Federal Aviation Regulation (SFAR) No. 100-2, the FAA recognizes the unique circumstances of certain members of the armed forces deployed outside the United States who may be unable to renew their certificates due to military commitments. An SFAR is typically expected to be effective for a discrete period of time to address temporary circumstances. However, as evident from the history of SFAR No. 100-2, discussed at length in the NPRM,
5

the FAA finds an ongoing need to retain this relief more permanently due to ongoing overseas military operations. Therefore, the FAA has determined that the content of SFAR No. 100-2 should be incorporated within part 61 in lieu of the SFAR.

5
88 FR at 32992.

B. Summary of the NPRM

The FAA published an NPRM on May 23, 2023.
6

The FAA proposed to remove the expiration date from flight instructor certificates, revise the renewal requirements for flight instructors, amend the flight instructor privileges to train initial flight instructor applicants, and incorporate the provisions of SFAR No. 100-2 within part 61. The initial comment period closed on June 22, 2023.

6
88 FR at 32983.

Commenters were instructed to provide comments on or before June 22, 2023 (
i.e.,
30 days from the date of publication of the NPRM). However, during the original comment period, the FAA received a request to extend the comment period to provide additional time to the public to comment on the proposed rule.
7

Specifically, the comment proposed several recommendations in lieu of the proposed rulemaking. One such recommendation urged the FAA to convene a working group and consult with the flight training industry and, at a minimum, an extension of the comment period until after AirVenture 2023.
8

The FAA reopened the comment period for an additional thirty (30) days, from November 1, 2023, through December 1, 2023.
9

This decision aligns with the guidance of Executive Order 13563,
10

which advocates for a minimum 60-day comment period to ensure the public has a meaningful opportunity to comment. With this extension, the total comment period was 60 days.

7
comment from William Edwards, Docket No. FAA-2023-0825-0132.

8
The Experimental Aircraft Association's AirVenture Oshkosh Air Show was held from July 24 through July 30, 2023.

9
Removal of Expiration Date on a Flight Instructor Certificate; Additional Qualification Requirements to Train Initial Flight Instructor Applicants; and Other Provisions Extension of Comment Period, 88 FR 74908 (Nov. 1, 2023).

10

www.federalregister.gov/documents/2011/01/21/2011-1385/improving-regulation-and-regulatory-review.

C. General Overview of Comments

One hundred sixty commenters responded to this NPRM during the initial 30-day comment period. The FAA received nine additional comments during the reopened comment period.
11

11
Three of the additional comments received were duplicates. Therefore, the total number of unique comments received was 166.

Nineteen comments were from organizations, and the remainder were from individuals. The organizations who commented included industry advocacy groups, flight training providers, and flight instructor refresher course (FIRC) providers. Commenters included Air Line Pilots Association, International (ALPA); Aircraft Owners and Pilots Association (AOPA); AceCFI FIRC, American Flyers; Aviation Seminars; Eastern Kentucky University; Embry-Riddle Aeronautical University; Experimental Aircraft Association (EAA); Gleim Publications, Inc.; King Schools, Inc.; Lake Superior Helicopters; LeTourneau University; Liberty University School of Aeronautics; National Association of Flight Instructors (NAFI); Soaring Safety Foundation (SSF); Society of Aviation Flight Educators (SAFE); University of North Dakota; Western Michigan University; and Wright Base Flight Training.

The FAA received 34 comments generally supporting the rule as proposed without recommending changes. Fifty-seven commenters opposed some portion of the proposed rule, although several of these commenters also supported portions of the proposed rule. Ninety commenters requested clarifications, changes, or additional provisions. A discussion of comments requesting specific clarifications, changes, or revisions to the NPRM and the FAA's responses to these requests is in section IV. of this preamble.

IV. Discussion of Comments and the Final Rule

A. Removal of Expiration Date on Flight Instructor Certificates (§ 61.19)

The NPRM proposed to remove the expiration date from flight instructor certificates, as most airman certificates issued under part 61 do not have expiration dates. Instead, a person could exercise the privileges of an airman certificate without an expiration date only if that person meets the appropriate recent experience requirements of part 61 specific to the operation or activity. Therefore, the FAA proposed to revise § 61.19(d) by creating two paragraphs under § 61.19(d). As proposed, § 61.19(d)(1) would remove the expiration date for flight instructor certificates issued on or after the final rule's effective date. Section 61.19(d)(2) would retain the current requirement and state that flight instructor certificates issued before the final rule's effective date would expire 24 calendar months from the month in which they were issued, renewed, or reinstated, as appropriate. Additionally, the FAA proposed to revise § 61.19(a)(2) to reflect that all certificates, not only pilot certificates, except those issued with an expiration date, are considered valid unless surrendered, suspended, or revoked. The FAA further proposed to revise § 61.19(d) to remove the reference to § 61.197(b) since the exception no longer applied due to amendments to § 61.197(b). While the FAA received many comments on these amendments, the FAA adopts the amendments as proposed. The subsequent discussion responds to comments received.

Many commenters supported the proposed removal of the expiration date from flight instructor certificates, citing consistency with other airman certificates, which do not have an expiration date. Supporters agreed that not printing and mailing new certificates every 24 calendar months would result in a cost savings to the FAA. However, six commenters opposed the proposal because they believed removing the expiration date would not provide enough relief in these areas.

One commenter supported the removal of the expiration date, provided that flight instructors are required to maintain instructional proficiency. The

FAA acknowledges this requirement remains and notes that the proposed requirement to meet flight instructor recent experience in accordance with § 61.197 ensures instructional proficiency.

Three commenters contended that the only cost savings from removing the expiration date from flight instructor certificates is to the FAA in the production and mailing of new certificates.

As explained in Section III.A.1. of the NPRM preamble, the FAA's intent is to address industry requests to align the flight instructor certificate with other pilot certificates by removing the expiration date from the certificate. This final rule achieves this goal in addition to reducing the FAA's administrative burden and industry expense to reinstate flight instructor privileges. The economic impact analysis in section V.A. further details the cost savings to the FAA and industry.

Comments Concerning the Impact of the Expiration Date Removal on Flight Instructors

Five commenters opined that the expiration date removal does not reduce the administrative burden to instructors, who must still meet recent experience requirements that are akin to the previous renewal requirements. The FAA maintains that the previous flight instructor renewal requirements are retained as recent experience options to ensure the quality of flight training remains unaffected by the removal of the expiration date on the flight instructor certificate. The recent experience options provide instructors flexibility to select from several options to maintain recent experience according to their individual needs and circumstances. Further consideration of comments specific to the proposed recent experience requirements is discussed separately.

Three commenters noted that a failure to comply with recent experience requirements would require a flight instructor to reinstate their flight instructor privileges before providing flight instruction again, resulting in no practical change from a certificate with an expiration date.

The FAA acknowledges that flight instructors may not provide flight instruction if their recent experience has lapsed and must reinstate their flight instructor privileges before exercising those privileges. To mitigate the impact of these requirements, the FAA proposed an additional option that allows a flight instructor to reinstate their privileges by completing an FIRC within the first three calendar months following a lapse of recent experience, as opposed to completing a practical test. Further consideration of comments specific to the proposed reinstatement requirements is discussed separately.

Commenters also provided mixed assessments on the effect of removing the expiration date, with some supporting the proposal for its potential to encourage flight instructors to remain active or encourage new flight instructors to pursue certification due to the decreased burden. Others expressed concerns that it might drive longtime instructors to quit due to the challenges of meeting new recent experience requirements or adapting to changes introduced in this rulemaking. One other opposing commenter believed the recent experience requirements would present new burdens to maintaining privileges.

The FAA reiterates that all existing renewal options will remain available as recent experience options. Flight instructors may complete a recent experience option of their choice and then submit an Airman Certificate and/or Rating Application (FAA Form 8710-1 or 8710-11, as applicable) to validate and record their recent experience.

Comments Concerning Comparison to Other Professional Certification

Several commenters opposed the removal of the expiration date on a flight instructor's certificate, noting that expiration dates are common in other professional licenses and certifications and do not typically constitute a burden. Some commenters misunderstood the proposal, erroneously believing it would relax standards for flight instructors.

In response, the FAA acknowledges that while some flight instructors do not perceive the expiration date as burdensome, the decision to remove the expiration date came as a result of requests from several industry pilot organizations, including AOPA. The FAA reiterates that the removal of the expiration date does not relax the standards for flight instructors who must continue to complete recent experience requirements in lieu of the former renewal requirements, ensuring that only proficient flight instructors are qualified to provide flight instruction.

Comments Concerning the Verification of Flight Instructor Privileges

Numerous commenters made recommendations or highlighted concerns regarding the proposal's impact on the ability to verify a flight instructor certificate and recent experience validity. Four commenters, including AOPA and the National Association of Flight Instructors (NAFI), supported the proposal but recommended that the FAA should provide access to a public database to verify a flight instructor certificate and the instructor's recent experience. Another supporting commenter recommended that the FAA should notify instructors prior to the end of their recent experience period. The Soaring Safety Foundation (SSF) requested information on what flight instructor data the FAA will make public to identify flight instructors who could use their FIRC to renew their certificate.
12

They expressed concern that without an expiration date, FIRC providers will not be able to contact and remind instructors that their instructor privileges are about to expire.

12
The SSF referred specifically to the FAA's Pilot Records Database (PRD) and sought information on how updates to the PRD will accommodate FIRC providers in continuing to notify flight instructors about relevant FIRCs. It is important to note that the PRD is managed by the FAA and is accessible only to Part 119 certificate holders and fractional ownerships, not the general public. For publicly accessible information on airman certificates, including pertinent flight instructor certificate expiration dates, one can refer to the FAA's Airmen Certification website at
www.faa.gov/licenses_certificates/airmen_certification.

Several opposing commenters expressed similar concerns. Eleven commenters, including two national FIRC providers, expressed concern that removing the expiration date could lead to instructors forgetting when their recent experience period ends. Six other commenters were concerned that without an expiration date on the flight instructor certificate, it would be more difficult for clients, flight schools, and the flight instructor themselves to determine if a flight instructor's privileges are valid.

The FAA notes that a flight instructor can verify the status of their flight instructor certificate online at the FAA's online Airmen Certificate Information website or by contacting the FAA Airman Certification Branch. This publicly available database will continue to serve as a resource for flight instructors to confirm when their current recent experience will end, and it will allow the public to verify the status of a flight instructor's credentials.

Four commenters expressed concern that a flight instructor may inadvertently provide instruction after their privileges lapse if they lose track of the end date of their current recent experience. These commenters believe that this could result in potential liability or financial consequences to both the instructor and their students if invalid instruction is provided or received, respectively.

The FAA notes that the removal of the expiration date from flight instructor certificates does not increase the risk of this scenario. Even with an expiration date on the certificate, a flight instructor could inadvertently provide flight instruction after this date. The FAA considers flight instructors professionals capable of tracking and timely completing their recent experience requirements. An instructor's credentials can be verified using the publicly available Airmen Certificate Information website.

Comments Concerning the Effect on Flight Instructor Privileges

The Air Line Pilots Association, International (ALPA) supported the proposal yet expressed concerns that some flight instructors might not comprehend the ongoing requirement to maintain recent experience or face the need for reinstatement. Additionally, several commenters seemed to misinterpret the removal of the expiration date from flight instructor certificates as implying that flight instructors would no longer need to maintain proficiency or might not receive updated information. Other commenters seemed to believe the proposal would change the requirements to maintain flight instructor privileges and currency. One commenter seemed to believe the rule would automatically reinstate expired flight instructor certificates.

The FAA clarifies that the removal of the expiration date from flight instructor certificates does not alter flight instructor eligibility, aeronautical knowledge, or flight proficiency requirements. Initial flight instructor applicants will continue to be evaluated to the same standard as before the removal of the expiration date on the flight instructor certificate. As previously discussed, renewal requirements are retained as recent experience requirements to ensure flight instructors continue to maintain instructional knowledge and experience. The new requirements provide one additional option to meet recent experience, but no other new requirements to maintain flight instructor privileges were introduced as part of this rule. Finally, the FAA notes that the final rule will not automatically reinstate an expired flight instructor certificate. A flight instructor with an expired flight instructor certificate must meet one of the reinstatement requirements specified in § 61.199 to reinstate their privileges.

B. Changing the Flight Instructor Certificate Renewal Requirements to Flight Instructor Recent Experience Requirements (§ 61.197)

This final rule retains the current methods for flight instructor certificate renewal, as specified in § 61.197(a), but refers to them as flight instructor recent experience requirements. Instead of renewing their flight instructor certificate every 24 calendar months, a flight instructor will now need to establish recent experience at least once every 24 calendar months. This change ensures the quality of flight training is not adversely affected by retaining the existing standard despite the removal of the expiration date from the flight instructor certificate. This change also aligns the flight instructor certificate with the other airman certificates in part 61 that are based on recent experience. The FAA notes these changes do not impose new requirements on flight instructors, as they may continue to select from one of the five existing methods to satisfy the recent experience requirements. Additionally, the final rule adds another option to satisfy recent experience, which is further explained in the FAA-sponsored pilot proficiency program discussion of this preamble.

Section 61.197 will continue to require flight instructors to submit an Airman Certificate and/or Rating Application along with associated documentation to the FAA upon completing the recent experience requirements. The submission of FAA Form 8710-1 or 8710-11, as applicable, remains the only acceptable method for a flight instructor to submit their data to the FAA to identify, validate, and track the flight instructor's recent experience.

Retaining this process allows the FAA to continue tracking and recording the status of flight instructor certificates by capturing the events in which an applicant satisfies the recent experience requirements of § 61.197 as revised in this final rule. While the flight instructor will not be applying to renew a certificate, using FAA Forms 8710-1 and 8710-11 to collect data is necessary to maintain an accurate record of flight instructors who are eligible to exercise their privileges. This process also supports the FAA's ability to provide necessary data to governmental offices and industry upon request.

Seventy-two commenters responded to the proposed recent experience requirements, of which thirteen supported and twenty-nine opposed the proposal. Thirty commenters made suggestions or comments without clearly supporting or opposing this proposal.

Comments Concerning Extension of the Recent Experience Period

Four commenters recommended extending the 24-calendar month recent experience period for establishing recent experience to reduce the frequency with which flight instructors must meet these requirements. Comments ranged from extending it to 36-48 calendar months, with one comment recommending up to 5 years, and another suggesting that flight instructors who have held a flight instructor certificate for over 10 years should be exempt from recent experience requirements. A fifth commenter simply opposed the 24-calendar month recent experience period because that person believes it is an undue burden.

However, the FAA finds the 24-calendar month period appropriate, as the knowledge and skills pertinent to flight instruction can diminish over time. This duration ensures the time between recent experience events is suitable for a flight instructor to best retain these instructional abilities. Additionally, the FAA notes that the duration of the 24-calendar month period is consistent with other common pilot recent experience periods, including the § 61.56 flight review. The FAA declines to adopt the recommendations to extend the recent experience period and will retain the 24-calendar month period to ensure flight instructors remain proficient.

Comments Concerning Differences Between Flight Instructor Recent Experience and Pilot Recent Experience

Three commenters opposed the proposed changes because they believed the requirements do not align flight instructor requirements with those for other pilot certificates, particularly noting that the requirement to reinstate flight instructor privileges, if recent experience requirements are not met, is unique to flight instructor certificates. Because the consequences remain the same as the previous renewal requirements, these commenters contended that the proposed recent experience requirements provide no practical relief.

The FAA notes that a flight instructor certificate is different than a pilot certificate, and both certificates afford different privileges. The flight instructor certificate pertains to instructional ability rather than pilot skill. The instructional role of flight instructors requires specific, stringent measures to ensure safety and the quality of training

provided. This is analyzed in greater detail in the discussion addressing comments regarding reinstatement requirements.

Three commenters recommended that both teaching and flying skills should be assessed as part of meeting recent experience requirements. Two of these commenters recommended that flight instructors undergo an evaluation similar to the flight review required by § 61.56 and receive an endorsement from the instructor who conducted the evaluation. One commenter asserted that this review should be limited to instructors who did not provide any flight instruction in the preceding 24 calendar months.

As noted earlier, the flight instructor certificate pertains to instructional ability rather than pilot skill. Furthermore, requiring all instructors to complete a ground and/or flight evaluation conducted by another flight instructor to meet recent experience would pose an unnecessary burden to instructors. The existing flight review requirement in § 61.56 ensures that a flight instructor must maintain necessary piloting skills to act as pilot in command during flight instruction.

Comments Concerning Determination of the Recent Experience Period

The SSF requested clarification on the use of the term “month” within the proposed § 61.197(a)(1) through (3), which defines the start of the 24-calendar month recent experience period. The FAA notes that “month” is intended to identify a specific calendar month as referenced in § 61.197(a), ensuring consistency with the method previously used in § 61.197(b) for determining the flight instructor's expiration month.

One commenter recommended that all recent experience activities should be accomplished within the three calendar months preceding the documenting of that recent experience in accordance with § 61.197(b). The FAA finds that this recommendation would be unsuitable for forms of recent experience under § 61.197, other than completion of a FIRC. For instance, the § 61.197(b)(2)(i) recent experience option of recommending five applicants for a practical test with an 80 percent pass rate on the applicants' first attempt considers all instructional activity in the preceding 24 calendar months to determine that instructor's pass rate. If this was limited to the three calendar months preceding the recent experience validation (
i.e.,
submission of FAA Form 8710-1 or 8710-11 to a certifying official), it is likely very few instructors would qualify for this option. Furthermore, the FAA notes that even an FIRC may be started and taken over more than three calendar months as long as the flight instructor begins the course within their current recent experience period. Although § 61.197(b)(2)(iii) requires that the FIRC must be completed within the preceding three calendar months of recent experience validation, a flight instructor is not precluded from taking the course gradually over a prolonged period throughout their current 24-calendar month recent experience period.

One commenter recommended that the FAA develop a system to automatically notify a flight instructor that they are nearing the end of their 24-calendar month recent experience period, such as by sending an email. Recognizing the utility of such notifications, the FAA will make the end date of a flight instructor's recent experience period publicly available through the FAA's online “Airmen Inquiry Search Page” and by contacting the FAA Airman Certification Branch directly. This is similar to the information previously provided regarding flight instructor certificate expiration dates. The FAA will continue to use this method.

Additionally, the FAA notes that it does not currently have a system capable of all necessary functions to identify flight instructor certificate expiration dates or recent experience end dates and then send an email reminder or other appropriate notification to that airman. However, the FAA is considering developing an automated email notification system for flight instructors, like the commenter recommended, and will provide further information in the future.

Comments Concerning Recent Experience by Recommending Applicants for Practical Tests (§ 61.197(b)(2)(i))

One commenter opposed the § 61.197(b)(2)(i) recent experience option of recommending at least five applicants for a practical test within the preceding 24 calendar months, with at least 80 percent of those applicants passing the test on their first attempt. This commenter stated that experience does not guarantee competency and believed many flight instructors produce poor pilot applicants.

The FAA recognizes that while experience alone does not guarantee competency, the requirement to recommend a minimum of five applicants for a practical test with 80 percent passing on their first attempt is intended to provide a verifiable measurement of a flight instructor's performance. Under this requirement, flight instructors must have demonstrated success as evidenced by the applicants' pass rate on their first attempt. This provides additional assurance of the flight instructor's competency through the objective evaluation of the applicants by the FAA or designated examiner. Therefore, the FAA retains this recent experience option.

National FIRC provider Aviation Seminars asked several questions regarding recent experience based on instructional activity, in accordance with § 61.197(b)(2)(i). Specifically, they asked if this recent experience option would recognize instructors who conduct § 61.56 flight reviews or the instrument proficiency checks of § 61.57(d). They also asked how flight instructors maintaining recent experience using this option would remain up to date on new information. They additionally asked how a flight instructor's activity and pass rate are verified during recent experience validation. Finally, they asked if the FAA's Integrated Airman Certification and Rating Application (IACRA) system would automatically prevent a flight instructor who does not meet recent experience requirements from signing other pilots' FAA Form 8710-1 or 8710-11, as applicable, as a recommending instructor.

The FAA notes that flight reviews and instrument proficiency checks do not satisfy the recent experience option of § 61.197(b)(2)(i) because they do not provide the demonstrated record of success necessary to validate competency under this specific provision. This recent experience requirement measures a flight instructor's competency based on the number of practical test endorsements the recommending instructor has given during the preceding 24 calendar months and the resulting first-time pass rate. The FAA finds that when an instructor validates their recent experience using § 61.197(b)(2)(i), they would provide the certifying official the records that the flight instructor is required by § 61.189 to maintain. Additionally, FAA records track and record the flight instructor's recommendations and pass rate through data submitted on the applicable Airman Certificate and/or Rating Application, FAA Form 8710-1 or 8710-11.

Regarding the functionality of IACRA, if a flight instructor does not reestablish recent experience prior to the end of their recent experience period, IACRA will prevent their ability to process applications as the recommending

instructor. However, a brief administrative period is allowed post-recent experience period to account for any possible delays in processing documentation to establish recent experience. This is identical to the IACRA system functionality previously used when a flight instructor's certificate expired.

Eighteen commenters, including national FIRC provider Gleim Publications, recommended expanding the types of instructional activities that qualify under the § 61.197(b)(2)(i) recent experience option. They proposed recognizing activities that do not necessarily result in an endorsement for a practical test. One commenter expressed concern that not recognizing this type of instructional activity could lead to a loss of experienced instructors who do not meet the requirements for this recent experience option.

The FAA acknowledges that many important instructional activities do not result in an endorsement for a practical test; however, these activities do not result in a demonstrated record of success to validate the flight instructor's competency. As a result, the FAA cannot adopt this recommendation.

Additionally, it is important for flight instructors to understand that the recent experience option based on instructional activity is just one of several options available. If an instructor does not meet the criteria to establish recent experience through their instructional activity, they may establish recent experience through one of five other options in § 61.197(b). Therefore, the FAA declines to expand this recent experience option to include activities that do not lead to a practical test endorsement.

Two commenters, including LeTourneau University, recommended changing the criteria to meet recent experience through instructional activity to provide additional tolerance for simple applicant errors and instructors whose performance has improved over time. One commenter recommended allowing the 80 percent pass rate criterion to be met if the applicants pass on their second attempt to prevent simple applicant errors from negatively impacting the instructor. Another commenter recommended evaluating the first-time pass rate based either on the performance of the five most recent applicants or all applicants in the preceding 24 calendar months the flight instructor recommended, whichever produces a more favorable pass rate. The commenter believed this would recognize instructors who improved their performance over the 24-month period.

The FAA acknowledges that simple errors can occur during a practical test which is not a direct consequence of the instructor's preparation of that applicant. However, the FAA notes that a failure on a practical test may be an indication of a flight instructor's insufficient preparation or ineffective instruction of the applicant. If 80 percent of a flight instructor's applicants needed only to pass a practical test on their second attempt, this would not ensure an acceptable level of instructional competency to meet recent experience requirements. Similarly, considering only the most favorable data over a 24-month period could obscure ongoing deficiencies in the instructor's competency. Therefore, the FAA finds it necessary to consider the instructor's performance over the preceding 24-calendar months to ensure that significant deficiencies are not overlooked. The FAA has also included a minor change in § 61.197(b)(2)(i) to clarifying that the 80 percent pass rate criterion applies to all applicants that the flight instructor endorsed for a practical test in the preceding 24 calendar months. As a result, the FAA will not adopt these recommendations.

One commenter, a chief flight instructor at a part 141 pilot school with examining authority, inquired whether flight instructors who instruct in an approved part 141 training course for which that pilot school holds examining authority would be allowed to count applicants who complete an end of course test towards meeting the § 61.197(b)(2)(i) instructional activity-based recent experience option.

An end-of-course test administered under part 141 by a school with examining authority is considered equivalent to a practical test for the purposes of meeting the § 61.197(b)(2)(i) recent experience requirement.
13

Therefore, flight instructors who provide end-of-course training are engaged in activities that meet the criteria for recent experience, provided the instructor must personally provide an endorsement for the end-of-course test for each applicant. The instructor's records, maintained in accordance with § 61.189(b)(2), must document that the instructor met all criteria of § 61.197(b)(2)(i). The FAA suggests that the instructor also sign the applicant's Airman Certificate and/or Rating Application as the recommending instructor for each applicant the instructor recommends for an end-of-course test. The instructor's endorsement and recommendation would be additional to the separately required air agency recommendation on the application.

13
Legal Interpretation to Crowe-Palm Beach Helicopters (August 28, 2015).
drs.faa.gov/browse/excelExternalWindow/FAA000000000LEGALINTPR2015017PDF.0001.

Two commenters expressed concern that the recent experience options of § 61.197(b)(2)(i), based on instructional activity, or § 61.197(b)(2)(ii), by serving in a position involving the regular evaluation of pilots, may not adequately ensure that flight instructors stay informed about the latest developments in teaching techniques necessary to remain proficient as a flight instructor.

The FAA notes that both options existed under previous renewal requirements and have a longstanding precedent of being an acceptable means to retain flight instructor privileges. As discussed, the instructional activity under the criteria of § 61.197(b)(2)(i) requires a demonstrated record of success that attests to the flight instructor's instructional competency. To achieve this high level of demonstrated success, an instructor would need to keep up to date on recent developments and techniques. After satisfactorily completing a recent experience requirement, a flight instructor must submit documentation of such in a form and manner acceptable to the Administrator, in accordance with § 61.197(b)(2). FAA policy expresses the form and manner that is acceptable to the Administrator. This policy ensures that a flight instructor has knowledge of current pilot training standards and FAA certification standards by requiring supporting documentation appropriate to the position. This policy is expressed in Advisory Circular (AC) 61-65 and FAA guidance directing the activities of aviation safety inspectors (ASI).
14

By ensuring a flight instructor has knowledge of current pilot training standards and FAA certification standards, the FAA verifies they have remained up to date on recent developments in pilot certification. As a result, the FAA finds that these two recent experience options provide an

equivalent level of safety and instructional skill compared to other recent experience options.

14
Currently, FAA Order 8900.1, Vol 5, Ch 2, Sec 11, paragraph 5-504B1, list the documentation that an applicant should provide to the certifying official to renew their flight instructor certificate under § 61.197(a)(2)(ii). This includes a company manual and a letter with a company letterhead from management office. The employment documentation should clearly show that the applicant is in a position involving the regular evaluation of pilots; the applicant has satisfactory knowledge of current FAA pilot training policies and standards; and the applicant has satisfactory knowledge of the FAA certification processes. Paragraph 5-504B1 concludes with examples of positions in which applicants may qualify for flight instructor certificate renewal under § 61.197(a)(2)(ii).

Comments Concerning Recent Experience by Serving in a Position Involving the Regular Evaluation of Pilots (§ 61.197(b)(2)(ii))

Several commenters, including NAFI, recommended that the FAA recognize additional positions qualifying for the § 61.197(b)(2)(ii) recent experience option. The positions recommended include designated pilot examiners (DPEs); part 142 training center instructors; qualification as a part 121, 125 or 135 pilot in command; positions within a training organization under part 121, 125, 129, 135, 141, or 142; or any flight instructor determined to be qualified by an FAA aviation safety inspector.

The phrase “in a position involving the regular evaluation of pilots” as specified in § 61.197(b)(2)(ii) and FAA policy,
15

is intended to cover a variety of activities that directly involve the evaluation of pilot performance and not the routine instructional duties typically associated with a flight instructor. A flight instructor eligible under the § 61.197(b)(2)(ii) recent experience option should be employed in a position for the primary purpose of conducting evaluations of other pilots, such as company check pilots or instructors in part 121 or 135 operations.

15
Ibid.

The FAA further notes that several positions recommended by commenters are already recognized for establishing flight instructor recent experience, such as designated pilot examiner or a pilot in command of a multiple-pilot flightcrew under part 121, 125 or 135. These positions are identified in Advisory Circular 61-65, as amended, and the FAA intends to continue to accept these positions under the new requirements. Additionally, other positions involving the regular evaluation of pilots, such as chief flight instructors, may also utilize this recent experience option. Furthermore, the FAA requires that the instructor provides documentation to support their engagement in such roles, to verify they possess satisfactory knowledge of current FAA pilot training policies and standards and satisfactory knowledge of the FAA certification processes.
16

Thus, the FAA has decided not to amend § 61.197(b)(2)(ii) in response to these recommendations.

16
Ibid.

One commenter recommended that the FAA include in the regulations the specific positions recognized as involving the regular evaluation of pilots, as per § 61.197(b)(2)(ii). The commenter also recommended that the FAA not require documentation validating a flight instructor's eligibility to establish recent experience on this basis.

In response, the FAA finds that specifying a list of eligible positions under § 61.197(b)(2)(ii) could restrict the flexibility needed to accommodate various and potentially new roles that involve regular pilot evaluation. This approach avoids the need for additional rulemaking to expand or modify the list as new roles emerge. Regardless, documentation of a flight instructor's position and their knowledge of FAA training and certification policies and processes remains essential to ensure the instructor is qualified and prepared to provide effective flight instruction.

One commenter recommended that the FAA establish and require a minimum amount of time that a flight instructor must hold a position involving the regular evaluation of pilots to establish recent experience based on holding that position in accordance with § 61.197(b)(2)(ii).

The positions that are accepted per § 61.197(b)(ii) are higher level roles with the primary purpose of evaluating other pilots, such as check pilots, chief flight instructors, flight instructors in a part 121 or part 135 operation, and designated pilot examiners. Additionally, the FAA finds the requirement to hold the position within the preceding 24 calendar months is consistent with the other recent experience options. For these reasons, the FAA will not adopt this recommendation.

Comments Concerning Recent Experience by Successfully Completing a FIRC (§ 61.197(b)(2)(iii))

AOPA requested clarification regarding the meaning of “within the preceding three calendar months” for satisfying recent experience requirements by completion of a FIRC in accordance with § 61.197(b)(2)(iii). AOPA expressed concern that the FAA intends instructors to complete a FIRC every three calendar months to maintain recent experience.

A flight instructor is required to complete a FIRC once within their 24-calendar month recent experience period, receive a graduation certificate within the three calendar months, and document this recent experience by submitting FAA Form 8710-1 or 8710-11, as appropriate, to a certifying official.

National FIRC provider Gleim Publications recommended maintaining the FIRC as a valid option for recent experience due to the value of training it provides in keeping instructors knowledgeable.

The FAA has long supported the completion of an approved FIRC as an option to meet the former renewal requirements and will continue to do so as a recent experience option under the new § 61.197(b)(2)(iii).

Two commenters expressed concern for the continued acceptance of completion of a FIRC to satisfy recent experience requirements. One commenter stated that FIRCs often test rote knowledge and trivia, rather than promoting or evaluating higher-order learning. This commenter also stated that the information provided in FIRCs is often outdated and doesn't address important issues or types of instruction beyond primary flight training. Furthermore, this commenter noted that a flight instructor who doesn't provide dual instruction or log any pilot-in-command time during a 24-month period can still renew a flight instructor certificate solely by completing a FIRC, a situation they believe contradicts the emphasis on currency as proposed in the NPRM to this final rule. The other commenter believed that a flight review is a more rigorous way to assess an instructor's presentation and airmanship skills and suggested that practical instructional and flying skills should be prioritized over logging hours in front of a computer screen.

The FAA finds that FIRCs keep flight instructors informed of the changing world of flight training and enhance aviation safety through continued up-to-date refresher training of the flight instructor cadre. Additionally, the recurrent training provided by a FIRC is essential because many attendees may not otherwise be aware of recent changes affecting pilot training. For these reasons, the FAA considers completion of an approved FIRC a valuable option to maintain flight instructor recent experience.

However, the FAA acknowledges the need to find a balance in response to comments received. While some commenters have suggested making FIRCs more demanding, others have proposed reducing the total hours required or restructuring the FIRC program. In considering these differing comments, the FAA notes it retains the ability to modify training course outline (TCO) guidance to achieve the appropriate training outcome. This approach allows for balancing the FIRC content to ensure it effectively meets the training needs of flight instructors.

Eight commenters, including SAFE and NAFI, recommended adopting a

continuing education model for FIRCs. These commenters suggested this model would allow an instructor to complete refresher modules on an ongoing basis, rather than within the typically brief period in which a FIRC is completed. Several commenters also supported this belief that a continuing education model would allow the course to provide more relevant information.

The FAA notes that flight instructors can start an internet-based FIRC at any time during their recent experience period and progress through the course modules at their own pace, as long as they complete and receive the FIRC graduation certificate before they submit their recent experience documentation to a certifying official prior to the end of their recent experience period. It is important to note that although providers that present conventional in-person FIRCs typically conduct their courses in two days, internet-based FIRCs allow their attendees to complete course modules at their own pace. While all FIRCs allow instructors to complete their FIRC at any time during their current recent experience period, some online FIRCs may allow ongoing training throughout the attendee's current recent experience period. However, the following requirements still apply in all cases: (1) The attendee must complete the FIRC within the three calendar months preceding submitting their documentation. (2) To retain their current recent experience end date, the flight instructor attendee must complete the FIRC and submit their documentation within three calendar months preceding the last month of their current recent experience period. Flight instructors seeking to begin a FIRC to receive ongoing training during their recent experience period should contact the provider before enrollment to ensure that the provider's FIRC meets the instructor's individual training plan.

Furthermore, FIRCs currently provide regularly updated training using the most relevant information. For instance, the FAA expects FIRC providers to quickly update their presentation materials to reflect relevant changes in FAA regulations, policies, and safety-related publications, such as FAA Acs and handbooks, to stay completely up to date at all times. Moreover, a FIRC provider may update their course as needed provided they include all course content that the Administrator has determined necessary. AC 61-83, Nationally Scheduled, FAA-Approved, Industry-Conducted Flight Instructor Refresher Course, provides advisory guidance and recommendations for the preparation and approval of TCOs for FAA-approved, industry-conducted FIRCs, Furthermore, AC 61-83, paragraph 14.1, explains that the FAA approves all proposed substantive changes to the TCO before the provider presents them in a FIRC. These processes ensure that FIRCs provide timely content and more relevant training to course attendees. For these reasons, the FAA finds it unnecessary to restructure the FIRC program by adopting a continuing education model as recommended by these eight commenters.

One commenter suggested that the overall FIRC hour requirement should be reduced to 8 hours, in addition to adopting a continuing education model.

The FAA believes that reducing the minimum hours required for a FIRC presentation from 16 to 8 hours would not allow for the effective delivery of all required training content and attendees would receive less information during the course. As previously noted, two other commenters suggested even more rigorous standards for approved FIRCs. The FAA finds that the current policy requiring no fewer than 16 hours of ground and/or flight instruction maintains a sufficient standard for a flight instructor to remain updated and establish recent experience.

One commenter suggested that the completion of a FIRC at any time within a flight instructor's 24-calendar month recent experience period should retain the same end month of the instructor's current recent experience period and extend the recent experience period for an additional 24 calendar months.

This recommendation, if applied, could effectively result in nearly 48-months of continued recent experience before the flight instructor is required to reestablish recent experience again. However, the recent experience requirements are intended to ensure a flight instructor retains instructional knowledge and proficiency, which degrades over time. As a result, the FAA finds it necessary to limit the provision of § 61.197(a)(3) to ensure a flight instructor establishes recent experience without an excessively long interval between recent experience events.

Two commenters recommended that the FAA develop and directly administer FIRC rather than rely on approved FIRC providers to offer these courses.

The FAA considers a FIRC provider as a professional educator with skill in training the trainers. Although the FAA's responsibility for the presentation of FIRCs was transferred to certain qualified industry organizations, the FAA maintains oversight of the FIRC program to include specifying the course content and structural guidelines as provided in AC 61-83. Before a FIRC can serve as a basis for flight instructor recent experience, the FAA must approve the TCO and issue a letter of authorization. This process allows the FAA to ensure FIRC providers offer courses which meet FIRC TCO development, training, and testing standards. Notably, the FAA finds that the history of flight instructor renewals demonstrates that FAA-approved, industry-conducted FIRCs have been successful for more than four decades. Therefore, the FAA declines to adopt this recommendation and will continue to authorize FIRC providers to offer these courses.

Comments Concerning Recent Experience by Passing a U.S. Armed Forces Military Instructor Pilot or Pilot Examiner Proficiency Check (§ 61.197(b)(2)(iv))

Two commenters, including AOPA, recommended that the FAA amend the proposed § 61.197(a)(2)(iv), which allows a flight instructor to meet recent experience based on completion of a U.S. Armed Forces military instructor pilot or pilot examiner proficiency check, to include civilian contractor pilots engaged in military instruction.

The FAA clarifies that the term “military instructor,” as used in § 61.197(a)(2)(iv), encompasses both military and civilian flight instructors who provide flight training within the U.S. Armed Forces. If a civilian who acts as a military flight instructor (
e.g.,
as a contractor) for the U.S. Armed Forces receives a military instructor pilot or pilot examiner proficiency check, they are indeed eligible to exercise this recent experience option. Flight instructors must present an official military record documenting that they passed such proficiency checks within the preceding 24 calendar months to be eligible for this recent experience option.

Comments Recommending Additional Recent Experience Options

Four commenters, including NAFI and SAFE, recommended that accreditation as a master flight instructor by NAFI or through SAFE's Master Instructor Continuing Education Program should count to establish recent experience under the final rule.

The FAA notes that regulations cannot show preference toward any specific industry group or organization by codifying their name or program into regulations. Nevertheless, any industry group or organization wishing such approval may submit a request to the FAA for consideration of its program as

a qualifying means to satisfy members' flight instructor recent experience. The FAA would then review the request and documentation to ensure that their program meets the applicable requirement of § 61.197 and, if so, subsequently continues to meet authorization requirements during each reauthorization cycle.

However, master instructors accredited by these organizations may still qualify to establish recent experience under existing options, such as § 61.197(b)(2)(i) by recommending at least five applicants for a practical test for a certificate or rating with at least 80 percent passing on their first attempt. Alternatively, if they hold a higher-level position with the primary purpose of evaluating pilots, such as a designated pilot examiner or a check pilot under part 121 or 135, they may qualify under § 61.197(b)(2)(ii).

Several commenters recommended additional methods of recent experience. Two commenters suggested allowing the flight instructor enhanced qualification training program (FIEQTP) to satisfy recent experience requirements for flight instructors.

The FAA notes that although the FIEQTP is a comprehensive course designed to prepare a flight instructor to teach initial flight instructor applicants, its purpose is distinct from that of a FIRC. Unlike a FIRC, the FIEQTP does not expose flight instructors to the latest in-flight training techniques, the newest technologies, the latest operational safety procedures, or the latest regulatory and policy changes. By preparing flight instructors to teach initial flight instructor applicants, the FIEQTP serves a different purpose than the proposed recent experience options. Therefore, the FAA does not consider the FIEQTP appropriate for satisfying the recent experience requirements and, therefore, declines to adopt this recommendation.

One commenter suggested allowing the annual instructor currency training under part 142 to count toward the recent experience requirements.

Although a part 142 training center instructor must complete training every 12 calendar months in accordance with § 142.53, the specific training content required annually does not ensure the broad level of knowledge intended for recent experience. The FAA expects flight instructors to also have knowledge of part 61 pilot certification requirements and the associated Airman Certification Standards or Practical Test Standards. Thus, the FAA declines to adopt this recommendation.

One commenter recommended allowing aviation educators to develop a new “teaching proficiency” course that includes three hours of ground training and three hours of flight training to improve instructional abilities and qualify as recent experience.

The FAA welcomes industry initiatives that lead pilots to seek additional training and greater proficiency. However, this recommendation appears to overlap with the intent of approved FIRCs. Currently, FAA policy in AC 61-83, paragraph 10.10, allows for consideration of FIRCs with a flight component when coordinated with and approved by the FAA. The FAA will consider approval of FIRCs with a flight component on a case-by-case basis. As a result, the FAA will not adopt this recommendation.

One commenter recommended that a flight instructor who holds a current § 61.56 flight review and has endorsed another pilot for a certificate or rating, or conducted a § 61.56 flight review for another pilot, should be eligible to satisfy the recent experience requirement.

The FAA notes that a flight review refreshes pilot knowledge and skill, not instructional proficiency. Additionally, the recommendation to endorse only one pilot for a certificate or rating is significantly less than the five required to qualify for the proposed recent experience option based on instructional activity in § 61.197(b)(2)(i). Furthermore, conducting a flight review does not result in a demonstrated record of success validating the flight instructor's competency because it is not objectively evaluated by the FAA or an examiner. The FAA cannot adopt this recommendation since it does not ensure the flight instructor's proficiency nor produce a demonstrated record of success.

LeTourneau University recommended an option to establish recent experience for flight instructors who provide 100 hours of training within the preceding 12 months in training courses under part 61, 141, or 142. They believed this would recognize active flight instruction as a method of recent experience.

The FAA notes that the recent experience option of § 61.197(b)(2)(i) recognizes active flight instruction and requires a demonstrated record of success based on applicants recommended for practical tests and the resulting rate of applicants who pass on their first attempt. The suggested approach does not produce the same demonstrated success attesting to the instructor's competency. As a result, the FAA will not adopt the recommended amendment.

Comment Concerning Removal of Reference to Flight Instructor Certificate Expiration From § 61.51(h)(2)(ii)

In their comment, Western Michigan University identified an additional section in part 61 which would require amendment to accommodate the proposed removal of flight instructor certificate expiration dates. Currently, § 61.51(h)(2)(ii) requires that the training time a person receives must be logged in a logbook and must include “. . . the authorized instructor's signature, certificate number, and certificate expiration date.” The commenter requested amending this section to allow logbook training time descriptions endorsed by authorized flight instructors who hold a flight instructor certificate without an expiration date.

The FAA agrees with this commenter in that the identified section requires amendment to accommodate flight instructor certificates without expiration dates. As a result, § 61.51(h)(2)(ii) will be amended in two phases. In the first phase, the rule will be amended to require a logbook entry with a description of the training given that includes either the flight instructor's certificate expiration date or the flight instructor's recent experience end date, consistent with the requirements of § 61.197. The first phase will commence on the effective date of the final rule. In the second phase, 27 calendar months after the effective date of the final rule, § 61.51(h)(2)(ii) will be further amended to require a logbook entry with a description of the training given that includes only the flight instructor's recent experience end date with the authorized instructor's signature, and certificate number. This two-phased approach will ensure that flight instructors who hold a flight instructor certificate with an expiration date within the 27 calendar months after the effective date of the final rule will remain compliant with the requirements of § 61.51 until those flight instructors are required to meet the renewal requirements of this final rule. This 27-calendar month period after the effective date of the final rule will accommodate flight instructors who choose to renew their flight instructor certificate early, in accordance with current § 61.197(b)(2).
17

This approach

ensures a smooth transition and maintains compliance throughout the amendment process.

18
Current section 61.197(b)(2) allows flight instructors to renew their flight instructor certificate within the three calendar month preceding the expiration month of the current flight instructor certificate. Flight instructors exercising this option would receive a new flight certificate within an expiration date 24 calendar months from their previous month of expiration.

Comments Concerning the Requirement To Validate Recent Experience by Submitting FAA Form 8710-1 or 8710-11 to the Administrator

Several commenters, including AOPA and SSF, requested clarification regarding how recent experience will be documented under the proposed rule. Other commenters misunderstood who would review supporting documentation and validate an application to establish recent experience.

The process for validating and establishing recent experience under § 61.197(b)(2) mirrors the procedural steps previously required to renew a flight instructor certificate. Flight instructors are required to submit an Airman Certificate and/or Rating Application (FAA Form 8710-1 or 8710-11, as applicable) to the FAA along with associated documentation that shows the flight instructor satisfactorily completed one of the recent experience requirements. These forms are submitted through the IACRA or via a printed paper application and must be reviewed and validated by a certifying official. Certifying officials may include an FAA ASI or an FAA designee, such as an appropriately authorized designated pilot examiner or airman certification representative (ACR). Once the application and any supporting documentation is reviewed and approved, that certifying official signs the application and submits it to the Airman Certification Branch for review, final approval, and record retention. Submission of FAA Forms 8710-1 or 8710-11, as applicable, remains the exclusive form and manner acceptable to the Administrator to submit flight instructor data to identify, validate, and track the flight instructor's recent experience period.

One commenter asked how instructors will document recent experience. Specifically, the commenter asked whether recent experience would be documented in the flight instructor's personal records such as their pilot logbook or retention of a FIRC graduation certificate.

The FAA maintains that the use of FAA Forms 8710-1 and 8710-11 is necessary. These forms allow the FAA to track flight instructors who are eligible to exercise the privileges of their flight instructor certificates and allow the FAA to validate that flight instructors meet the recent experience requirements. This information will be accessible online via the Airmen Certificate Information website, enabling verification of recent experience by flight instructors, their clients, and other interested parties.

Two commenters, LeTourneau University and SSF, requested clarification on who will sign the Form 8710 validating recent experience. SSF also asked if another flight instructor would be considered qualified to approve the form, similar to a flight instructor signing an application for a student pilot certificate.

The FAA reiterates that certifying officials, such as an FAA ASI, DPE, or ACR, will continue to review and sign Form 8710-1 or 8710-11 to validate a flight instructor's recent experience. The FAA finds these personnel are properly trained and authorized to review a flight instructor's recent experience and sign Form 8710-1 or 8710-11. Unlike the role of flight instructors in verifying student pilot certificate applications, which primarily involves confirming identity and basic eligibility, validating recent experience for flight instructors requires a greater responsibility and procedural knowledge than reviewing an application for a student pilot certificate.

AOPA asked if flight instructors who use the FAA WINGS pilot proficiency program to establish recent experience in accordance with § 61.197(b)(2)(v) will need to submit FAA Form 8710-1 or 8710-11, as applicable, or whether WINGS would automate the process. Additionally, they asked if flight instructors would have to validate recent experience by submitting Form 8710-1 or 8710-11 after every qualifying activity.

The FAA notes that the WINGS pilot proficiency program will not automatically submit recent experience documentation for participating instructors. Instructors must submit FAA Form 8710-1 or 8710-11 to a certifying official upon satisfactorily completing all § 61.197(b)(2)(v) requirements including conducting at least 15 activities recognized under the FAA-sponsored pilot proficiency program to at least 5 pilots.

Three commenters opposed the requirement to submit an 8710-1 or 8710-11 to document recent experience in accordance with § 61.197(b)(2) because they believed a Notice of Disapproval could be issued to flight instructors who submitted an application to validate recent experience. These commenters expressed concerns about the perceived consequences of a flight instructor providing training after the time of application and before receiving the Notice of Disapproval.

In the NPRM for this rule, the FAA stated that if a flight instructor does not sufficiently show a recent experience requirement has been met, or does not meet the recent experience requirements, the FAA would deny the applicant's application and issue a Letter of Disapproval. The FAA determined that the NPRM did not clearly describe the actions FAA would take if an instructor does not validate recent experience requirements. Additionally, the FAA notes that it inadvertently used the term Letter of Disapproval but intended to state Notice of Disapproval.

To clarify this process, if a flight instructor chooses to meet recent experience requirements by completing a practical test in accordance with § 61.197(b)(1) and the evaluator determines the instructor did not meet the required standards for required task(s) for that test, the evaluator would issue FAA Form 8060-5, Notice of Disapproval, to that flight instructor. The flight instructor would then have 60 days to successfully pass the remainder of the practical test in accordance with § 61.43(f).

Furthermore, a flight instructor documenting recent experience for any option under § 61.197(b)(2) not involving a practical test would not receive a Notice of Disapproval. Instead, if the flight instructor did not meet one of the eligibility requirements, the certifying official would inform the flight instructor of the reasons they are ineligible and return the application to the instructor. The flight instructor could resubmit documentation once they fully meet eligibility for their chosen recent experience option of § 61.197(b)(2). This notification would occur at the time the flight instructor first submitted the application to the certifying official.

Finally, if the flight instructor did not meet their eligibility to reestablish recent experience but is still within their previous 24 calendar month recent experience period, they could continue to provide instruction until the end of the recent experience period. After correcting the eligibility issue and establishing their new recent experience period, the instructor could continue providing instruction throughout the new period.

Twenty-one commenters opposed the requirement to document recent experience by submitting an 8710-1 or 8710-11 application. These commenters included national FIRC providers King Schools and AceCFI, and one designated pilot examiner. These commenters believed that this requirement did not relieve the

administrative burden to the instructor or the FAA as compared to the previous renewal requirements. Of these commenters, ten additionally opposed the requirement because they believed it is inconsistent with other forms of pilot recent experience. Six commenters recommended that recent experience should be documented solely in the flight instructor's logbook or by retaining their FIRC graduation certificate, as applicable, with no requirement to submit Form 8710-1 or 8710-11.

For the reasons previously stated, the FAA has determined that the requirement to submit Forms 8710-1 and 8710-11 must be retained. Requiring flight instructors to submit these forms allows for validation of recent experience and the data collected ensures the public can verify the instructor's privileges. Furthermore, many other sources, such as governmental offices and industry, frequently ask the FAA to provide this data.

One commenter recommended that FIRC providers interface directly with the FAA to transmit a flight instructor's graduation certificate, bypassing the requirement for that instructor to document recent experience by submitting an application.

The holder of a flight instructor certificate bears the responsibility to establish recent experience and submit documentation in accordance with § 61.197. To help reduce the burden of document submission to flight instructors, the FAA authorizes FIRCs to use an ACR to help process their recent experience documentation.
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ACRs previously performed this function for the renewal of flight instructor certificates and will continue to perform a comparable role in documenting recent experience under the new requirements. The FAA declines to adopt this recommendation.

18
The FAA requires documentation to be submitted in accordance with Section 61.197(b). The documentation must be submitted in a form and manner acceptable to the Administrator, which means Form 8710-1 or 8710-11. Therefore, any required documentation must be attached to either Form 8710-1 or 8710-11, as applicable.

One commenter recommended that the FAA Forms 8710-1 and 8710-11 Aviation Safety Inspector or Technician Report blocks should be repurposed to allow the certifying official to document any recent experience activity type and the date the activity was completed.

The FAA notes that other recent experience options would not have a single date of completion comparable to a FIRC, nor would such a date have a meaningful use for other options. Since only the completion of a FIRC would necessitate data entered in the FIRC-specific blocks, the FAA finds it unnecessary to modify Forms 8710-1 and 8710-11 based on this recommendation.

C. Recent Experience Based on Instructional Activity in an FAA-Sponsored Pilot Proficiency Program (§ 61.197(b)(2)(v))

The NPRM proposed to codify the use of the FAA's WINGS-Pilot Proficiency Program as an approved program that flight instructors can use to satisfy flight instructor certificate renewal requirements under § 61.197(b)(2)(v). Historically, the WINGS Program is accepted as a certificate renewal method for flight instructors under FAA policy, as outlined in FAA Order 8900.1, Volume 5, Chapter 2, Section 11, due to its familiarity and emphasis on the current flight training standards and procedures.
19

19

drs.faa.gov/browse/excelExternalWindow/DRSDOCID173242699920230309222925.0001?modalOpened=true
.

Rather than codifying the WINGS Program by name, the FAA will adopt language in § 61.197(b)(2)(v) that allows a flight instructor to satisfy recent experience by serving as a flight instructor in an FAA-sponsored pilot proficiency program, provided certain requirements are met. The phrase “FAA-sponsored pilot proficiency program” is intended to provide flexibility for the incorporation of comparable FAA-sponsored programs that may be developed in the future.

Ten commenters, including AOPA, the Experimental Aircraft Association (EAA), and SAFE, generally supported the proposed recent experience option. EAA stated that this change is long overdue. AOPA expressed support and suggested that a future pilot proficiency program or an extensive update to the WINGS program would improve the user experience and further benefit program participants.

As discussed in the NPRM, the FAA's intent is to formalize the use of an FAA-sponsored pilot proficiency program as a method to establish flight instructor recent experience. The FAA appreciates the AOPA's feedback on the WINGS user experience. There is currently an ongoing effort unrelated to this rulemaking to modernize the FAASTeam
FAASafety.gov
website thereby improving user experience.

In the NPRM, the FAA included a requirement for a flight instructor to provide at least 15 hours of flight training under the FAA-sponsored pilot proficiency program to at least five pilots. In response to comments, the FAA acknowledges an error in the initial proposal that mistakenly required “15 hours” of flight training instead of “15 activities.” The final rule will revise the proposed regulatory text in § 61.197(b)(2)(v)(C) from “Has given at least 15 hours of flight training under the FAA-sponsored pilot proficiency program” to “Has conducted at least 15 flight activities recognized under the FAA-sponsored pilot proficiency program, during which the flight instructor evaluated at least five different pilots and has made the necessary endorsements in the logbooks of each pilot for each activity.”

Three commenters, including Gleim Publications, recommended reducing or eliminating the requirement to evaluate 15 flight activities for at least five pilots. They noted that a flight instructor may complete more than one level of the WINGS Program with the same pilot. Two commenters stated that some instructors may not have a broad enough client base to provide training to five different pilots but nevertheless provide the same amount of flight training to fewer individual pilots.

The FAA maintains that providing the specified flight training to at least five different pilots has long been an established part of FAA policy and is consistent with the recent experience option of proposed § 61.197(b)(2)(i), which is based on successful instructional activity. This requirement ensures a flight instructor provides flight training to various individuals under the WINGS Program. By training and evaluating at least five different pilots, the flight instructor encounters different instructional experiences. Although a flight instructor may provide more than one WINGS flight activity to the same pilot, that instructor would not be exercising or improving their ability to diversify their teaching techniques. For this reason, the FAA finds it necessary to retain the requirement as proposed.

Two commenters discussed the use of the term “FAA-sponsored pilot proficiency program” within proposed § 61.197(b)(2)(v). These commenters questioned whether the FAA would recognize a flight instructor's participation in an industry organization's pilot proficiency program as qualifying toward this recent experience option. One commenter recommended that the FAA add language to the proposed regulation to allow acceptance of industry pilot proficiency programs. Another commenter asked if the FAA intends to acknowledge industry programs as “equivalent to the current WINGS

system for purposes of establishing instructional currency.”
20

20
Comment from Bruce Williams, Docket No. FAA-2023-0825-0090.

While industry-sponsored pilot proficiency programs are valuable resources to pilots and instructors, the FAA does not intend to accept a flight instructor's participation in an industry program as satisfying this recent experience option. The FAA's involvement is a critical component of the WINGS Program and would be equally critical in any program that may be recognized under § 61.197(b)(2)(v) in the future. Therefore, the FAA will not expand this recent experience option to Include industry programs at this time.

One commenter opposed this recent experience option because they believed it may not be a viable option for most instructors. The commenter stated that both the requirement to provide 15 hours of instruction and the requirement for the instructor to complete a phase of the WINGS Program may be difficult for a flight instructor not associated with a flight school or without access to an aircraft. Another commenter opposed the proposal, believing the WINGS Program is overly complicated and ineffective and that it should not serve as a basis for flight instructor recent experience.

The FAA finds that the WINGS Program structure and requirements are a valid means of renewing a flight instructor certificate. Through this final rule, the FAA codifies and retains a flight instructor's WINGS Program participation as a recent experience option. It is important to note that flight instructors are not obligated to participate in the WINGS Program under this amendment. All other previous renewal options are retained as recent experience options allowing flight instructors to maintain their privileges without WINGS Program participation if they so choose.

Furthermore, changes to the WINGS Program are beyond the scope or intent of this rulemaking. The FAA, along with many commenters, finds the WINGS Program a valuable recent experience options for participating instructors. Accordingly, the FAA will retain this proposed option.

D. Reinstatement of Flight Instructor Privileges by FIRC (§ 61.199)

Currently, § 61.199 prescribes the requirements for those who wish to reinstate their expired flight instructor certificates. These include (1) satisfactory completion of a flight instructor certification practical test as per § 61.183 for one of the ratings on the expired flight instructor certificate, or (2) satisfactory completion of a flight instructor certification practical test for an additional rating.
21

In addition, a military instructor pilot may reinstate an expired flight instructor certificate by meeting certain U.S. Armed Forces instructor pilot or pilot examiner qualifications.
22

21
§ 61.199(a)(1) and (2).

22
§ 61.199(a)(3). Specifically, the military instructor pilot must provide a record showing that, within the preceding 6 calendar months from the date of application for reinstatement, the person either (1) passed a U.S. Armed Forces instructor pilot or pilot examiner proficiency check or (2) completed a U.S. Armed Forces' instructor pilot or pilot examiner training course and received an additional aircraft rating qualification as a military instructor pilot or pilot examiner that is appropriate to the flight instructor rating sought.

This final rule revises the requirements for reinstating flight instructor privileges due to the removal of the expiration date from a flight instructor certificate. As discussed in the NPRM, this change necessitates revising the reinstatement requirements set forth by § 61.199, removing expiration terminology and replacing it with recent experience terminology as adopted in § 61.197. This final rule retains all former reinstatement options, now relocated in § 61.199(a)(2) and (3), for flight instructors seeking to reinstate their privileges when they have not reestablished recent experience prior to the last month of their flight instructor recent experience period.

Additionally, this final rule adds a new reinstatement option in § 61.199(a)(1). This option creates a three-calendar-month reinstatement period immediately after lapse of the flight instructor's recent experience period during which flight instructors can reinstate their privileges by completing an FAA-approved FIRC as opposed to completing a practical test.

Flight instructors are not authorized to exercise the privileges of their flight instructor certificate when their recent experience has lapsed. For example, if an instructor's 24-calendar month period ended on June 30, 2026, the flight instructor's recent experience would lapse on July 1, 2026. The flight instructor would have until September 30, 2026, to complete an FAA-approved FIRC and submit an application for reinstatement. They are not permitted to exercise the privileges of the flight instructor certificate during this lapsed period. Successful completion of the FIRC and timely submission of the reinstatement application by September 30, 2026, will result in the reinstatement of their privileges. If reinstatement is not achieved by this deadline, the instructor must then satisfy the requirements of § 61.199(a)(2) or (a)(3) based on their circumstances.

The FAA received 37 comments pertaining to reinstatement of flight instructor privileges. Fifteen commenters supported the proposal, including AOPA, EAA, Liberty University School of Aeronautics, SSF, and LeTourneau University. Ten commenters opposed this proposal, including national FIRC provider AceCFI. Twelve commenters, including NAFI, made further suggestions or comments without clear support for, or opposition to, the proposal.

Comments Concerning Reinstating Flight Instructor Privileges by FIRC Within Three Calendar Months or Less

Fifteen commenters, including AOPA, EAA, and SSF, supported the proposal to add a three-calendar-month reinstatement period. AOPA stated the proposal would save time and provide incentive to instructors holding recently-expired certificates or privileges that have lapsed to rejoin the flight instruction community. EAA emphasized that this relief would aid instructors whose certificates inadvertently lapse simply because there is no longer an expiration date to reference on the certificate.

Comments Concerning the Duration of Reinstating Flight Instructor Privileges by FIRC

Some commenters questioned the selection of a three-calendar-month period for the proposed option to reinstate flight instructor privileges by completing a FIRC as being arbitrary. Three of these commenters asserted that the FAA did not provide data supporting why this option should be limited to a three-month period. They also maintained that the FAA did not provide data showing that a flight instructor's knowledge and skills do in fact decline over time when unused. Many commenters recommended extensions to six-calendar-months, 24-calendar-months, or even allowing indefinite reinstatement via FIRC completion. Several of these commenters stated that an extended period would provide additional flexibility and further incentive for instructors to retain their privileges. Additionally, some commenters likened an indefinite option to reinstate by FIRC to the process of a long-inactive pilot becoming current through a flight review.
23

Three commenters suggested extending the option to reinstate by FIRC beyond three months when exercised in conjunction with an

additional requirement to receive flight and/or ground training. For instance, one commenter recommended logging three hours of ground and flight training with another flight instructor to refresh instructional skills. Another commenter addressing this topic recommended changing the three-month period to a 12-month period when the flight instructor has provided instruction within the past 120 days and then require a practical test after 12 months of lapsed privileges. The third commenter recommended that, in lieu of reinstating privileges by completing a practical test, the flight instructor complete a FIRC at any time, and then complete suitable flight training with another qualified flight instructor and receive an endorsement.

23

See
14 CFR 61.56.

The FAA does not agree with extending this proposed reinstatement option beyond three calendar months because doing so would compromise safety. Furthermore, the FAA notes that these commenters did not provide any supporting evidence to show that their recommendations would provide an equivalent level of safety without requiring a practical test conducted by an impartial examiner after three calendar months.

As discussed in the NPRM, AOPA initially recommended a three-month period to allow a flight instructor to reestablish recent experience by completing a FIRC. The FAA also considered this option after concluding that requiring a flight instructor to take a practical test shortly after their flight instructor certificate expires or recent experience ends imposes undue personal and financial burdens on that flight instructor. Thus, the FAA determined that there is a need for an alternative reinstatement option and proposed a three-calendar-month reinstatement period because flight instructor knowledge and skills do not necessarily degrade the day after their certificate expires or, as adopted by this final rule, their recent experience ends.

The FAA notes that skill degradation is a documented phenomenon that has long been a source of concern for many industries including the aviation industry. Industry concerns include serious safety issues that arise due to the degradation of skills that occur after a period of nonuse. Consequently, many leading industry organizations have conducted studies and published reports to understand and mitigate skill degradation for industry professionals to maintain proficiency. For example, the European Union Aviation Safety Agency's (EASA's) Safety Issue Report regarding skill and knowledge degradation during the COVID-19 pandemic explains that skill degradation poses serious challenges to pilots and flight instructors. In this report citing numerous references and studies, EASA states, “Despite the initial recovery over the summer of 2021, flying activities are still not taking place at the pace required to keep all aviation professionals current. While organizations are making the effort to ramp up their training activity, they have faced a multitude of challenges such as the closure of training centers, lack of simulators, and lack of available instructors and trainers whose instructional knowledge may have also eroded during this period. Furthermore, new or updated operational procedures have been developed to cope with the changes in operations. With the aforementioned training constraints, aviation professionals may not be effectively trained in the updated systems and procedures upon their return to work.”
24

24

See www.easa.europa.eu/community/system/files/2021-08/Safety%20Issue%20Report%20-%20%20Skills%20and%20Knowledge%20Degradation_REV2%20Clean_0.pdf.

The FAA chose a three-calendar-month period because it is a brief enough period to reinstate flight instructor privileges before any significant proficiency degradation occurs. This period aligns with other similar currency requirements within part 61 and reflects an established understanding that instructional skills, while durable, do require periodic confirmation through structured training or assessment to ensure safety standards are maintained. This approach applies a safety standard consistent with other three-month pilot and flight instructor currency periods that have proven effective over time.

Further, the three-calendar-month period to reinstate a flight instructor's privilege by FIRC intends to accommodate persons who have encountered unforeseen circumstances that may have prevented them from renewing their certificates before the expiration date. A three-calendar-month period is sufficient to address various situations that might prevent an instructor from meeting their recent experience requirements. The rationale behind this specific timeframe is to provide instructors with a reasonable window to resolve personal matters, emergencies, or minor oversights that may have led to the lapse of their recent experience. For this reason, the FAA maintains that extending the reinstatement period by completing a FIRC is not appropriate in cases of lapses Beyond three calendar months of meeting recent experience or certificate renewal requirements.

Comments Concerning Alternative Reinstatement Options

Five commenters recommended additional options to reinstate flight instructor privileges. Of these five, one commenter recommended that any § 61.197 recent experience option should qualify an instructor to reinstate privileges during the proposed three-calendar-month period following the lapse of flight instructor privileges. LeTourneau University recommended an option to reinstate by receiving one hour of ground training, one hour of flight training and an endorsement from another flight instructor during the proposed three-calendar-month period. Two commenters recommended additional reinstatement options without specifying that the options should be limited to the proposed three-calendar-month period. One of these two recommendations was to allow the FIEQTP course to be used as a basis for reinstatement. The other recommendation was to allow a pilot proficiency or competency check, such as those required for pilots operating under part 121 or 135, to qualify a flight instructor for reinstatement. Finally, one commenter recommended that check pilot observations under § 135.339(a)(2) should qualify as a method to reinstate flight instructor privileges, equating this with the military pilot examiner reinstatement process outlined in § 61.199(a)(3)(i).

Upon review, the FAA has decided to retain the reinstatement method of completing a practical test conducted by the FAA or a designated pilot examiner and using an FAA-approved FIRC within the first three calendar months after a lapse of recent experience. The FAA based this decision on the recognition that a FIRC is an FAA-approved recurrent training program. The FIRC updates flight instructors on significant developments and changes in general aviation flight training that occurred since the instructor's last recent experience period. Additionally, a FIRC provides flight instructors with the necessary refresher training that exposes flight instructors to the latest in-flight training techniques, the newest technologies, and the latest operational safety procedures. FIRCs also emphasize the development and improvement of the instructor skills necessary to effectively convey information to pilots-in-training and build a foundational culture of safety within them.

An approved FIRC is unique among the recent experience options in that it provides this refresher training, making

it suitable for this relieving option. Instructors who choose one of the other recent experience options do not receive this training. Therefore, the FAA considers it necessary for an instructor who has experienced a brief lapse in recent experience of up to three calendar months to receive, at a minimum, the training provided by an approved FIRC. Consequently, in the final rule, the FAA has decided not to include other methods of recent experience to qualify a flight instructor certificate for reinstatement during the three-month period.

Furthermore, the FAA finds the additional reinstatement options recommended by commenters as unsuitable. Historically, a flight instructor has not held the authority to endorse another instructor for renewal or reinstatement. The authority to reinstate a flight instructor certificate is reserved for the FAA or its designees. Therefore, the FAA finds that the recommendation for a flight instructor to have the authority to evaluate and provide an endorsement to reinstate another flight instructor whose recent experience has lapsed would not be appropriate.

Similarly, the FAA finds that an FIEQTP would be unsuitable to reinstate a flight instructor certificate. The FIEQTP is designed to train relatively inexperienced flight instructors how to teach new flight instructors and is not designed to meet the needs of reinstatement. Further, a flight instructor with lapsed privileges would not be the appropriate audience for such a course, since it is intended for individuals who actively provide instruction and have held a flight instructor certificate for less than 24 calendar months.

The recommendation to allow pilot proficiency and competency checks completed under part 121, 135, or the proficiency check of § 61.58 would also be inappropriate to reinstate a flight instructor certificate. The FAA notes that these checks focus on piloting skills rather than instructional abilities, thus not adequately assessing a flight instructor's educational competencies. Similarly, the recommendation to allow check pilot observations to reinstate flight instructor privileges would be unsuitable. These observations conducted under parts 121 and 135 require assessment of the check pilot's abilities as an evaluator; however, they do not assess the check pilot's instructional knowledge and skills. Although the FAA has long recognized that passing a U.S. Armed Forces instructor pilot or pilot examiner proficiency check provides the necessary standards for reinstating a flight instructor's privilege, the FAA does not find observations conducted under parts 121 and 135, or the proficiency check of § 61.58, acceptable options to reinstate flight instructor privileges. Consequently, the FAA declines to adopt the recommendations for additional reinstatement options.

Comments Concerning General Opposition to Any Reinstatement Relief

Two commenters opposed the proposal because they believed instructors should be held to higher standards and the additional relief granted to reinstatement by FIRC is contrary to this standard. The FAA agrees that instructors should be held to a high standard and the FAA believes the proposed reinstatement option retains such a standard. The FAA finds that the limited relief offered by completing a FIRC, during the initial three-calendar-month period in which their privileges have lapsed, does not compromise the long-held standard for instructional proficiency. Instead, this new relief encourages experienced instructors to reinstate their privileges and remain active in flight instruction if circumstances prevent them from re-establishing their recent experience prior to the end of their recent experience period. As previously noted, the FAA has retained the requirement to complete a practical test to reinstate flight instructor privileges after the initial three-calendar-month period, due to the need to ensure that instructional knowledge and skills have not degraded over prolonged periods of inactivity.

Comments Concerning Opposition To Reinstatement by Practical Test

Five commenters opposed the requirement to reinstate a flight instructor's privileges or certificate by practical test after the three-calendar-month period to reinstate privileges by completing a FIRC. Of these commenters, two recommended replacing the flight instructor reinstatement practical test with a proficiency check, similar to the instrument proficiency check specified under § 61.57. Another opposing commenter stated that requiring a test to reinstate flight instructor privileges does not align with the other pilot recent experience requirements.

The fundamental role an instructor plays in training pilots directly impacts aviation safety. The effectiveness of the instruction provides the foundation of the knowledge and skill of the pilot receiving the training. For this reason, the FAA finds it necessary to require a practical test to reinstate flight instructor privileges after the three-calendar-month period allowing reinstatement by completing a FIRC. Although other forms of pilot recent experience do not require the equivalent of a reinstatement practical test for those who fail to maintain currency, it is the critical importance of the instructor role in aviation safety that necessitates a practical test in the case of an instructor who is more than three-calendar-months past the end of their last recent experience period.

Comments Concerning a Recommendation To Incorporate by Reference the Flight Instructor Airman Certification Standards for Reinstatement

One commenter recommended § 61.199(a)(2)(i) incorporate by reference the proposed Flight Instructor for Airplane Category Airman Certification Standards reinstatement requirements, which were published in an NPRM docket for a separate rule.
25

The FAA notes that the Airman Certification Standards or Practical Test Standards appropriate for the category rating sought would apply to a reinstatement practical test, regardless of reference to a specific document.

25
Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference, Docket No. FAA-2022-1463.

Comments Concerning the Difference Between the Three Calendar Month Period for Reinstatement by FIRC to the Relief Provided by SFAR No. 100-2

One commenter opposed the proposal because they believed it does not align with SFAR No. 100-2, which provides relief to certain military service personnel that could extend comparable relief up to six months after returning from overseas deployment. The commenter questioned why these personnel receive additional relief as opposed to the three-calendar-month period to reinstate by FIRC.

The relief provided by SFAR No. 100-2 has existed since the FAA issued SFAR No. 96 on May 6, 2002.
26

Since then, the relief was expanded to include all personnel serving abroad in support of U.S. military operations.
27 28

SFAR No. 100-2 is effective until further

notice.
29

This relief continues to be necessary to avoid penalizing U.S. personnel who are unable to meet the regulatory time limits of their privileges because they served outside the United States in support of U.S. Armed Forces operations. Consequently, the FAA proposed to codify this relief in new § 61.40 without any substantive changes. This relief allows a flight instructor with an expired certificate, or whose recent experience has lapsed, to reestablish their flight instructor privileges when they satisfy the appropriate requirements.

26

Relief for Participants in Operation Enduring Freedom
67 FR 30524 (May 6, 2002).

27

Relief for U.S. Military and Civilian Personnel Who Are Assigned Outside the United States in Support of U.S. Armed Forces Operations
final rule; request for comments 68 FR 36902 (Jun. 20, 2003).

28

Relief for U.S. Military and Civilian Personnel Who Are Assigned Outside the United States in Support of U.S. Armed Forces Operations
final rule, 70 FR 37946 (Jun. 30, 2005).

29

Relief for U.S. Military and Civilian Personnel Who Are Assigned Outside the United States in Support of U.S. Armed Forces Operations
direct final rule, 75 FR 9763 (Mar. 4, 2010).
Relief for U.S. Military and Civilian Personnel Who Are Assigned Outside the United States in Support of U.S. Armed Forces Operations
confirmation of effective date, 75 FR 19877 (Apr. 16, 2010).

The initial three-calendar-month period allowing reinstatement by FIRC is intended to address limited unique circumstances that may prevent a flight instructor from establishing recent experience prior to the end of their recent experience period. Conversely, a military deployment has longer-term impact than addressed by the three-month period provided by § 61.199(a)(1). The FAA notes that the relief provided by § 61.40 and § 61.199 respond to two distinctly different circumstances that necessitate separate solutions. As a result, the FAA finds it inappropriate to extend the three-calendar-month period to align with the relief available to U.S. military and civilian personnel assigned outside the United States in support of U.S. Armed Forces operations.

Comments Concerning the Relief Provided by the Proposed Reinstatement Requirements

One commenter, a national FIRC provider, opposed the proposal believing that the new requirements will only shift dates but result in the same consequences after the three-calendar-month period allowing reinstatement by FIRC. The commenter contended that this is not a burden reduction to instructors.

The FAA maintains that the three-calendar-month period will provide relief in many situations. Examples range from minor personal challenges to larger issues such as a natural disaster that could prevent a flight instructor from completing recent experience requirements prior to the end of their recent experience period. The FAA intends this relief to address these limited circumstances. As previously noted, numerous commenters supported the proposal and provided rationale which agrees with this intent. In its supporting comment, EAA stated that this option provides “a reasonable pathway for instructors who have inadvertently allowed a lapse in their flight instructor recent experience.” SSF said flight instructors would benefit from the additional method of reinstatement.

E. Instructor Qualifications for Training Initial Flight Instructor Applicants (§ 61.195(h); § 141.11; Part 141, Appendix K)

This final rule revises the qualification requirements for flight instructors seeking to train initial flight instructor applicants by adding two additional methods.

Section 61.195(h) contains the qualification requirements for flight instructors seeking to instruct initial flight instructor applicants. The NPRM proposed to restructure § 61.195(h)(2) to contain general qualifications for all flight instructors providing flight training to initial applicants for a flight instructor certificate, including flight instructors providing training under FAA-approved courses. This final rule retains these general requirements, which include the requirement for the flight instructor to meet the eligibility requirements of § 61.183 and hold the appropriate flight instructor certificate and rating. The FAA also proposed to require the flight instructor to meet the requirements of the part under which the flight training was conducted. In addition to these general requirements, the final rule provides three different qualification options.

The first option retains the existing requirements of current § 61.195(h)(2)(iii), (iv) and (v), which include the requirements for the flight instructor to have held the flight instructor certificate for at least 24 calendar months and to have given at least 200 hours of flight training as a flight instructor for training in preparation for an airplane, rotorcraft, or powered-lift rating (or 80 hours of flight training if training in preparation for a glider rating). This option is retained as § 61.195(h)(2)(i)(A) and (B).

The second qualification option modifies the previous § 61.195(h)(3). Previously, § 61.195(h)(3) allowed a person to serve as a flight instructor in an FAA-approved course for initial flight instructor applicants if that person has trained and endorsed at least five applicants for a practical test, at least 80 percent of those applicants passed the practical test on their first attempt, and the flight instructor has given at least 400 hours of flight training for training in an airplane, rotorcraft, or powered-lift rating (or 100 hours of flight training for training in a glider rating). This final rule modifies these requirements in the new § 61.195(h)(2)(ii) by removing the minimum flight training hour requirement and removing the requirement for the flight instructor to be serving in an FAA-approved course. Section 61.195(h)(2)(ii) now requires a flight instructor to have trained and endorsed, in the preceding 24 calendar months, at least five applicants for a practical test for a pilot certificate or rating, and at least 80 percent of those applicants must have passed that test on their first attempt. This will allow more flight instructors to exercise this qualification option as compared to the similar option previously available under § 61.195(h)(3).

For the third qualification, this final rule adds a new qualification method in § 61.195(h)(2)(iii). This option requires a flight instructor to have graduated from an FAA-approved flight instructor enhanced qualification training program (FIEQTP). Additionally, they must have given at least 200 hours of flight training as a flight instructor for training in preparation for an airplane, rotorcraft, or powered-lift rating (or 80 hours of flight training if in preparation for a glider rating) before being eligible to complete the FIEQTP.

The modified § 61.195(h)(2)(ii) and the new § 61.195(h)(2)(iii) are intended to expand the qualification options to instruct initial flight instructor applicants to include those serving under part 61 as well as those serving under an FAA-approved course under part 141 or 142.

Additionally, to allow part 141 pilot schools to provide the FIEQTP, the FAA proposed to revise § 141.11 by adding the training program to the list of special preparation courses in § 141.11(b)(2). The FAA also proposed to add the new training program to appendix K of part 141, which prescribes the minimum curriculum for the special preparation courses listed in § 141.11.

Due to the specific nature of each provision, the FAA discusses each amendment separately.

Comments Concerning the Qualification Option of Holding a Flight Instructor Certificate for at Least 24 Calendar Months With Minimum Hours of Instruction (§ 61.195(h)(2)(i))

Currently under § 61.195(h)(2), a flight instructor must, in addition to other requirements, have held a flight instructor certificate for at least 24 months and have given at least 200 hours of flight training as a flight

instructor for an airplane, rotorcraft, or powered-lift rating (or 80 hours of flight training if in preparation for a glider instruction rating) to provide flight training to an initial flight instructor applicant under part 61. The FAA proposed to retain this qualification method under paragraph (h)(2)(i). The FAA received an array of comments supporting and opposing the retention of this qualification method.

Two commenters recommended lowering the eligibility requirements to qualify under this option. One of these commenters stated that the 24-calendar-month requirement presents an unnecessary obstacle to training initial flight instructor applicants and should be removed. Another commenter recommended reducing the minimum time to qualify to train an initial flight instructor in gliders from 80 to 20 hours of flight training, stating that the “80 hours of glider instruction” requirement is excessive, given the seasonal nature of soaring operations and the short duration of pattern tows and aerotows.
30

30
Comment from Lawrence Spinetta, Docket No. FAA-2023-0825-0013.

Several commenters expressed the opinion that this qualification option may not be restrictive enough. Three commenters opposed this option due to doubts about whether these criteria assure sufficient instructional experience. Another commenter said that flight instructor experience differs from pilot experience and noted that 200 hours of instructional experience may not guarantee the flight instructor has the necessary qualifications to train an initial flight instructor applicant effectively. One commenter proposed increasing the hours of instructional experience from 200 to 500 hours.

While the FAA considered all the commenters' concern

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2024-22018. Public record. Not legal advice.