Renewal of Flight Instructor Certificates; Final Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: This final rule amends the Federal Aviation Regulations (FAR)

governing the renewal of flight instructor certificates by permitting

holders of flight instructor certificates to renew their certificates

by completing an approved number of hours of ground or flight

instruction, or both, in an approved flight instructor refresher course

(FIRC). The effect of this final rule will provide an equivalent level

of safety while reducing the financial burden placed on individual

flight instructors.

EFFECTIVE DATE: April 13, 1994.

FOR FURTHER INFORMATION CONTACT:

John Lynch, Regulations Branch (AFS-850), General Aviation and

Commercial Division, Federal Aviation Administration, 800 Independence

Avenue SW., Washington, DC 20591; Telephone (202) 267-8150.

SUPPLEMENTARY INFORMATION:

Availability of Final Rule

Any person may obtain a copy of this final rule by submitting a

request to the Federal Aviation Administration, Office of Public

Affairs (APA-200), 800 Independence Avenue SW., Washington, DC 20591,

or by calling the Office of Public Affairs at (202) 267-3484.

Communications must identify the docket number of this amendment.

Background

The decision to amend the specific number of hours of instruction

that holders of flight instructor certificates must complete in an

approved FIRC to renew their certificates originated from a petition

for exemption submitted by the AOPA. The AOPA petitioned the Federal

Aviation Administration (FAA) for exemption from Sec. 61.197(c) of the

FAR to permit holders of flight instructor certificates to renew their

certificates by attending an approved FIRC of 16 hours of ground or

flight instruction, or both, in lieu of the current 24 hours required

by Sec. 61.197(e). The AOPA fully described its rationale in its

petition for exemption.

The FAA agreed with the AOPA's rationale in its petition for

exemption. There is a need to streamline current FIRCs to provide for a

condensed weekend renewal program. The majority of certificated flight

instructors maintain personal or professional responsibilities such

that weekend renewal is a needed option for the maintenance of their

certificate. The recent advances in instructional technology and

training techniques more than compensate for a reduction in classroom

time requirements. The innovative and interactive educational programs,

such as the AOPA's ``Trigger Tapes'' and ``Operation Airspace''

facilitating learning at the application level, allow for a reduction

in the amount of hours that holders of flight instructor certificates

must complete in an approved FIRC to renew their certificates while

maintaining the current level of safety.

The FAA determined, however, that rulemaking was necessary to

permit holders of flight instructor certificates to renew their

certificates by attending an approved FIRC of fewer hours of ground or

flight instruction, or both, than the 24 hours currently required by

the FAR. Therefore, the FAA decided that the appropriate response to

the AOPA's petition for exemption was to propose a change to the

existing regulations. The FAA concluded that the current level of

safety would be maintained and was appropriate in light of the recent

advances in instructional technology and training techniques. In

addition, the FAA determined that the option to specify the number of

hours of instruction through an FAA approval, as part of the approved

renewal program, will offer substantial benefits to the aviation

community; specifically, it will eliminate the burden of the longer 24

hour course, mitigate the current decline in instructional resources,

and offer financial advantages to individual flight instructors. For

example, approval of AOPA's 16 hour course will allow a 1 day reduction

in travel expenses to individual flight instructors saving an average

per diem cost of $100.

The AOPA petition for exemption was published in the Federal

Register on March 17, 1993 (58 FR 14466). The FAA received two comments

on the petition of which both comments voiced support. After review of

the petition and the submitted comments, the FAA concluded that while

the petition had considerable merit, the AOPA was not unique in its

position. Therefore, on September 17, 1993, the FAA issued Notice No.

93-11 (58 FR 48748) that proposed to permit holders of flight

instructor certificates to renew their certificates by completing an

approved number of hours of ground or flight instruction, or both, in

an approved FIRC.

Discussion of Public Comments

A. General

The FAA received 47 comments in response to Notice No. 93-11,

mostly from certified flight instructors (CFI's). The following

organizations also submitted comments: Aircraft Owners and Pilots

Association (AOPA), AOPA Air Safety Foundation, Arizona Pilots

Association, Embry-Riddle Aeronautical University, Gaits Aviation

Seminars, Inc., Hoffman Pilot Center, Inc., Richmor Aviation, Skylanes,

Inc., and Wisconsin Department of Transportation.

Thirty-three commenters, including the Arizona Pilots Association,

Embry-Riddle Aeronautical University, Gaits Aviation Seminars, Inc.,

Skylanes, Inc., and the Wisconsin Department of Transportation support

the proposal to amend Sec. 61.197(c) of the FAR by permitting holders

of flight instructor certificates to renew their certificates by

completing an approved number of hours of ground or flight instruction,

or both, in an approved FIRC.

Three commenters, including the AOPA and the AOPA Air Safety

Foundation, indicate that while they agree with the proposal to amend

the specific number of hours of instruction that holders of flight

instructor certificates must complete in an approved FIRC to renew

their certificates, they believe that 16 hours should be the minimum

number of hours in an approved FIRC and that this minimum requirement

should be written into the rule to avoid any misinterpretation. The FAA

has determined that instructional technology and training techniques

will continue to change and develop over time. Therefore, the FAA has

concluded that the appropriate response is not to state the specific

number of hours in the rule, which may change over time, but to address

the standards and recommended number of hours required for an approved

FIRC through an Advisory Circular that the FAA will develop to ensure

that a high level of safety is maintained.

Hoffman Pilot Center, Inc. and one other commenter are opposed to

reducing the number of hours currently required in an approved FIRC.

Hoffman believes that reducing the number of required hours in an

approved FIRC to 16 hours is a marketing ploy rather than an accurate

accounting for the changing information in the aviation industry. The

other commenter believes the current 24-hour requirement is inadequate

and that by going to a reduced number of hours in an approved FIRC

would only serve to make the entire FIRC class ``one large video

program.'' The FAA has determined that reducing the amount of hours

that holders of flight instructor certificates must complete in an

approved FIRC to renew their certificates will not have an adverse

effect on safety. The FAA has concluded that the recent advances in

instructional technology and training techniques allow for a reduction

in the specific number of hours in an approved FIRC while maintaining

the current level of safety.

B. Cost Impact

One commenter feels that the FAA overestimated the value of flight

instructor time; in the economic evaluation the FAA assumed that a

flight instructor earned approximately $20 per hour, the commenter

believes it is more like $11 per hour. The FAA has determined that

while some flight instructors earn $11 per hour, other flight

instructors earn $35 per hour. The FAA has concluded that on the

average a flight instructor earns $20 per hour and that this is a

reasonable number.

C. Recommendations

Richmor Aviation and one other commenter agree with the proposal to

allow for approval of the number of hours of instruction that holders

of flight instructor certificates must complete in an FAA approved FIRC

to renew their certificate but points out that a parallel provision in

Sec. 141.79(c) also needs to be amended to be consistent with

Sec. 61.197(c). Section 141.79(c) requires each chief flight instructor

in an approved FAA part 141 school, to complete at least once each 12

months, a flight instructor refresher course consisting of not less

than 24 hours of ground or flight instruction, or both. While

Sec. 141.79(c) deals with a school setting as opposed to

Sec. 61.197(c), which deals with the individual, the FAA has determined

that it is a parallel provision with identical issues as those

presented in Notice No. 93-11. Therefore, to afford part 141 chief

flight instructors the benefits given to part 61 flight instructors,

the FAA will make a conforming amendment to Sec. 141.79(c) that will be

reflected in this final rule. The FAA has concluded that under Section

4(a) of the Administrative Procedures Act (APA), 5 U.S.C. 553(a), the

notice and public comment requirements of Section 553(b) of the APA are

unnecessary.

D. Additional Comments

The FAA received two comments that requested revisions to the rule

that are beyond the scope of the notice. One commenter supports the

proposal only if a flight check also is required for renewal of a

flight instructor certificate because requiring classroom time without

a flight check does not ensure that the flight instructor can apply the

knowledge learned from the classroom. Another commenter is opposed to

the proposal on the grounds that safety would be better served if the

flight instructor were required to demonstrate competency in an

aircraft for renewal of the flight instructor certificate, as opposed

to classroom time.

One commenter requests that the word ``she'' be taken out of the

amended rule language in Sec. 61.197(c), and one commenter suggests

that the FAA should form a task group to study technology advancements

in education and their applicability to the FIRC's. Both commenters

agree with the proposal to allow for approval of the number of hours of

instruction that holders of flight instructor certificates must

complete in an FAA approved FIRC to renew their certificate.

International Civil Aviation Organization and Joint Aviation

Regulations

The FAA has determined that a review of the Convention on

International Civil Aviation Standards and Recommended Practices is not

warranted because flight instructor certification requirements have

virtually no bearing on flight operations internationally.

Paperwork Reduction Act

This final rule will not change reporting requirements. Therefore,

in accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-

511), there are no additional requirements for information collection

associated with this final rule.

Economic Evaluation

This section contains the full regulatory evaluation prepared by

the FAA that provides information on the economic consequences of this

regulatory action. This evaluation quantifies, to the extent

practicable, estimates of the costs and benefits to the private sector,

consumers, and Federal, State, and local governments.

Executive Order 12866, dated September 30, 1993, directs Federal

agencies to promulgate new regulations or modify existing regulations

only if benefits to society for each regulatory change outweigh

potential costs. The order also requires the preparation of an economic

analysis of all ``significant regulatory actions'' except those

responding to emergency situations or other narrowly-defined

exigencies.

The FAA has determined that this rule is not significant.

Therefore, a full regulatory analysis that includes the identification

and evaluation of cost-reducing alternatives to the rule has not been

prepared. Instead, the agency has prepared a more concise regulatory

evaluation that analyzes only this rule without identifying

alternatives. In addition to the regulatory evaluation, this section

also contains a regulatory flexibility determination required by the

1980 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and an

international trade impact assessment. Accordingly, the FAA makes the

following economic evaluation of this rule. Based on the results of its

investigation, the FAA has concluded that this final rule is cost-

beneficial.

Benefit-Cost Analysis

Current holders of flight instructor certificates may renew their

certificates if they successfully complete an approved FIRC consisting

of not less than 24 hours of ground or flight instruction, or both. The

FAA has determined, however, that recent advances in instructional

technology and training techniques allow for a reduction in the number

of required instruction hours without compromising safety. The FAA will

develop the standards and recommended number of hours required for an

approved FIRC. This will be done to ensure that a high level of safety

is maintained.

The benefits of this rule are the cost savings from the reduction

in required instructional hours and travel expenditures for the

affected flight instructors. For example, approval of AOPA's 16 hour

course would allow a 1 day reduction in travel expenses to individual

flight instructors: assuming an average per diem cost of $100 and that

two-thirds of the annual average of 20,000 flight instructors renewing

their certificates through FIRCs would have to travel out of town, the

industry could realize an annual savings of $1.3 million in per diem

travel expenses. There also will be a reduction in foregone earnings.

Assuming a flight instructor earns $20 per hour and provides 4 to 8

hours of instruction per day, the reduction in foregone earnings would

be between $1.6 million and $3.2 million annually. In addition, the FAA

believes that individual flight instructors will realize a savings in

the cost of the FIRC by the reduction in the number of required

instruction hours.

There will be no incremental costs associated with this final rule

since the number of instruction hours required in a FIRC would be

relaxed. The FAA has concluded that there will be no degradation of

safety as any reduction in instructional hours would be the result of

advances in instructional technology and training techniques. The FAA

believes that it is the content of the FIRC, not the specific number of

hours of instruction in that FIRC, that is important to safety.

Therefore, the FAA has concluded that the final rule is cost-

beneficial.

International Trade Impact Analysis

This final rule will have a negligible impact on trade

opportunities for U.S. firms doing business overseas or on foreign

firms doing business in the U.S. The final rule primarily affects

certificated flight instructors, not businesses involved in the sale of

aviation products or services.

Regulatory Flexibility Determination

The final rule will not have a significant economic impact,

positive or negative, on small entities. Flight instructors, rather

than small entities, will be affected by this final rule. Where a

flight instructor is also the sole proprietor of a small business, and

exercises the privileges of his or her certificate in operations that

are incidental to that business, the final rule will have a negligible

impact.

Federalism Impact

The regulations adopted herein will not have a substantial direct

effect on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

amendment does not have sufficient federalism implications to warrant

preparation of a Federalism Assessment.

Conclusion

For the reasons discussed in the preamble, and based on the

findings in the Regulatory Flexibility Determination and the

International Trade Impact Analysis, the FAA has determined that this

final rule is not significant under Executive Order 12866. In addition,

the FAA certifies that this final rule will not have a significant

economic impact, positive or negative, on a substantial number of small

entities under the criteria of the Regulatory Flexibility Act. This

rule is not considered significant under Department of Transportation

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).

For this reason, it has been determined that the expected economic

impact of this amendment is so minimal that a full Regulatory

Evaluation is not warranted.

List of Subjects

14 CFR Part 61

Aircraft, Airmen, Recreation and recreation areas, Reporting and

recordkeeping requirements.

14 CFR Part 141

Airmen, Educational facilities, Reporting and recordkeeping

requirements, Schools.

The Rule Amendments

Accordingly, pursuant to the Authority delegated to me, the FAA

amends 14 CFR parts 61 and 141 of the Federal Aviation Regulations as

follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

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

follows:

Authority: 49 U.S.C. Appendix 1354(a), 1355, 1421, 1422, and

1427; 49 U.S.C. 106(g).

2. Section 61.197 is amended by revising paragraph (c) to read as

follows:

Sec. 61.197 Renewal of flight instructor certificates.

* * * * *

(c) He or she has successfully completed, within 90 days before the

application for the renewal of his or her certificate, an approved

flight instructor refresher course consisting of ground or flight

instruction, or both.

PART 141--PILOT SCHOOLS

3. The authority citation for part 141 is revised to read as

follows:

Authority: 49 U.S.C. app. 1354(a), 1355, 1421, 1422, 1427, and

1655(c).

4. Section 141.79 is amended by revising paragraph (c) to read as

follows:

Sec. 141.79 Flight instruction.

* * * * *

(c) Each chief flight instructor must complete at least once each

12 months, an approved flight instructor refresher course consisting of

ground or flight instruction, or both.

* * * * *

Issued in Washington, DC, on April 6, 1994.

David R. Hinson,

Administrator.

[FR Doc. 94-8776 Filed 4-12-94; 8:45 am]

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