Training and Qualification Requirements for Check Airmen and Flight Instructors

SUMMARY: Some experienced pilots who would otherwise qualify as flight

instructors or check airmen but who are not medically eligible to hold

the requisite medical certificates, cannot perform flight instructor or

check airmen functions even in simulators. This rule establishes

separate requirements for check airmen who check only in flight

simulators and flight instructors who instruct only in flight

simulators. To ensure an equivalent level of safety, the affected check

airmen and flight instructors must accomplish the following: Recency of

experience requirements; completion of an approved line observation

program within each 12-month period; and required training, including

recurrent ground and flight training. Additionally, this rule allows

check airman and flight instructors to obtain all of their flight

training in simulators, as opposed to the current scheme in which

initial and transition flight training must include an in-flight

element.

EFFECTIVE DATE: This final rule is effective June 17, 1996. See below

in the ``Modifications'' section for the justification for making this

rule effective on June 17, 1996 and for a discussion about 9-month

compliance dates for two new requirements. Affected parties do not have

to comply with the information collection requirements in

Secs. 121.411(d), 121.412(d), 135.337 (d), and 135.338(d) until the

Federal Aviation Administration publishes in the Federal Register the

control number assigned by the Office of Management and Budget (OBM) to

these information collection requirements. Publication of the control

number notifies the public that OMB has approved these information

requirements under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT:

Tom Toula, Air Carrier Training Branch, (AFS-210), Flight Standards

Service, Federal Aviation Administration, 800 Independence Avenue SW.,

Washington, DC 20519, Telephone (202) 267-3718.

SUPPLEMENTARY INFORMATION:

Availability of Final Rules

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

request to the Federal Aviation Administration, Office of Rulemaking,

ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by

calling (202) 267-9677. Communications must identify the notice number

of this final rule.

Persons interested in being placed on the mailing list for future

rules should request from the above office a copy of Advisory Circular

No. 11-2A which describes the application procedure.

Background

The requirements for training, checking, and qualification of check

airmen and flight instructors who perform training and checking for

certificate holders operating under Title 14 of the Code of Federal

Regulations parts 121 and 135 appear in Secs. 121.411 and 135.337

(check airman and flight instructor qualification) and Secs. 121.413

and 135.339 (check airman and flight instructor training and checking).

When parts 121 and 135 were implemented, the primary means of

training was in an aircraft. Therefore there was a requirement for

check airmen and flight instructors to hold appropriate medical

certificates. Even after flight simulators came into use in the late

1970s, check airmen and flight instructors were likely to use both

aircraft and flight simulators. Despite significant changes in methods

of training, particularly an increased use of flight simulation in

training, the sections of parts 121 and 135 mentioned above have not

been significantly revised in over 20 years. These sections still focus

primarily on check airmen and flight instructors who perform their

functions in airplanes.

Today, flight simulators and flight training devices are so

sophisticated that they are used to conduct most training and checking

with significant benefits to safety. Training and checking in

simulators and flight training devices have distinct advantages over

training and checking in flight. Flight simulators provide a safe

flight training environment, more comprehensive training, and may

reduce the number of training and in-service accidents by allowing

training for emergency situations that cannot be safely conducted in

flight. The use of flight simulators and flight training devices in

lieu of aircraft has resulted in a reduction in air traffic congestion,

energy use, noise, air pollution and training costs.

Some experienced pilots who would otherwise qualify as flight

instructors or check airmen but who are not medically eligible to hold

the requisite medical certificates, cannot perform check airmen

functions or many flight instructor functions even in simulators. Thus

the regulations do not establish separate categories of requirements

for check airmen who check only in flight simulators or for flight

instructors who instruct only in flight simulators. A number of highly

experienced airmen who might serve as flight instructors or check

airmen, including former military pilots, former air carrier pilots,

and furloughed pilots, as well as other experienced pilots, currently

are unable to perform those training and checking functions because

they are unable to hold an airman medical certificate.

This rule allows experienced check airmen and flight instructors

who are not able to hold a current medical certificate to check or

instruct in flight simulators and flight training devices. Under this

rule, affected check airmen and flight instructors must meet similar

requirements that a pilot flying the line is required to meet, such as

initial training, proficiency checks, and competency checks and could

use flight simulators to meet these similar requirements. This rule

also addresses check airmen in aircraft, check airmen in flight

simulators or flight training devices, flight instructors in aircraft,

and flight instructors in flight simulators or flight training devices.

The Air Carrier Training Working Group of the Aviation Rulemaking

Advisory Committee (ARAC) recommended that the FAA amend its

regulations so that airmen who were not eligible to hold medical

certificates would nonetheless be eligible to instruct or check pilots

and other airmen in simulators. On July 16, 1992, ARAC forwarded draft

rule language for the FAA to review. The FAA used ARAC's draft as the

basis for developing this rule.

Discussion of the Rule

This rule revises the following sections of parts 121 and 135:

Secs. 121.411, 121.413, 135.337, and 135.339; it adds the following

four new sections: Secs. 121.412, 121.414, 135.338, and 135.340.

The most significant changes between the current and new rules are

as follows:

(1) The categories of check airman (simulator) and flight

instructor

[[Page 30735]]

(simulator) are defined with separate requirements for each.

(2) The following requirements for flights instructors and check

airmen who only perform check airmen and instructor functions in flight

simulators and flight training devices are deleted:

The requirement to hold at least a Class III medical

certificate, in current Sec. 121.411(a)(6).

The requirement to hold a Class I, II, or III medical

certificate, in current Sec. 135.337(a).

(3) A flight instructor (simulator) or check airman (simulator) is

required to meet recency of experience requirements, in the 12-month

period preceding the performance of flight instruction or check airman

functions, by flying two flight segments as a required crewmember for

the type aircraft involved, if medically qualified and certificated, or

by completing an approved line-observation program.

(4) Training requirements for check airmen and flight instructors

who serve in training programs under parts 121 and 135 are in

Secs. 121.413, 121.414, 135.339, and 135.340. This rule changes these

requirements in the following ways:

A new requirement is imposed for check airmen and flight

instructors in that they must satisfactorily complete, within the

preceding 24 calendar months, an observation check of their check

airman or flight instructor functions. This check may be accomplished

in a flight simulator or in a flight training device as appropriate.

Flight instructors are required to have much of the same

ground training requirements as check airmen. As a practical matter,

ground training for flight instructors and check airmen are the same;

however, the current rules are not specific in this area. This change

ensures that flight instructors and check airmen receive the same

ground training.

Currently, initial and transitional flight training for

check airmen and flight instructors who perform their functions in-

flight requires in-flight training and practice. This rule allows this

training to take place in simulators or in flight training devices.

These changes allow certain experienced pilots who are unable to

meet current medical certificate requirements to be able to check and

instruct, but only in flight simulator and flight training devices. To

allow this flexibility while maintaining safety, this rule requires

flight instructors (simulator) and check airmen (simulator) to meet

recency of experience requirements, take observation checks of their

check airmen/instructor abilities once every 2 years, complete the

required recurrent training necessary to serve as a pilot-in-command

under parts 121 and 135 or a flight engineer or flight navigator under

part 121, and complete required proficiency or competency checks. A

detailed section-by-section description of the rule follows.

Section-by-Section Analysis

Section 121.411 Qualifications: Check airmen (airplane) and check

airmen (simulator).

Current Sec. 121.411(a)(1) requires that a flight instructor or

check airman who serves in a training program under part 121, for the

particular airplane type involved, hold the airman certificates and

ratings that must be held in order to serve as a pilot in command

(PIC), a flight engineer, or a flight navigator, as appropriate, in

operations under part 121. Current Sec. 121.411 (a)(6) requires that a

check airman or flight instructor who serves in a training program

under part 121 must hold at least a Class III medical certificate.

Under current Sec. 121.411(b)(1) a simulator instructor, instructing

for a course of training in an airplace simulator as provided in

Sec. 121.409(b), must hold an airline transport pilot (ATP) certificate

but need not hold an airman medical certificate if only giving

proficiency checks as specified in Sec. 121.441 and Sec. 121.409(b).

Under the current rules, if a simulator instructor is providing

instruction for anything other than a proficiency check (e.g., upgrade

training), then he or she must have a medical certificate. (See current

Sec. 121.411(a).)

Section 121.411 is revised to change the applicability from check

airmen and flight instructors to check airmen (airplane) and check

airmen (simulator). Flight instructors are covered under new

Sec. 121.412. New paragraph (a) of Sec. 121.411 states that a check

airman (airplane) is a person who is qualified and permitted to conduct

flight checks and instruction in an airplane, in a flight simulator, or

in a flight training device for a particular type airplane. A check

airman (simulator) is a person who is qualified to conduct flight

checks only in a flight simulator or in a flight training device for a

particular type aircraft.

New paragraph (b) contains the eligibility requirements to serve as

a check airman (airplane). With some editorial revisions and an

additional requirement to satisfy the recency of experience requirement

of Sec. 121.439, the eligibility requirements remain the same as the

current requirements. The recency provision is added to ensure

equivalent recency of experience for those check airmen who may not be

flying line operations.

New paragraph (c) of Sec. 121.411 establishes the eligibility

requirements for check airmen (simulator). These requirements are the

same as those for check airmen (airplane) in paragraph (b) with two

exceptions. There is no requirement to hold a Class III medical

certificate and the recency of experience requirements of

Sec. 121.411(b)(6) are not required of part 121 check airmen

(simulator). Check airmen (simulator) instead are allowed to meet

proposed recency of experience requirements in new paragraph (f),

discussed later in this section. Because check airmen (airplane) are

able to perform their functions in an airplane as a required flightcrew

member, they may meet recency of experience requirements either in an

airplane or in a qualified simulator. In addition, current

Sec. 121.411(c), which grants training relief to check airmen, flight

instructors, and simulator instructors who were designated before

December 22, 1969, is deleted since the FAA believes that this

provision is obsolete.

New paragraph (d) is added to clarify that the completion of the

requirements of (b)(2),(3), and (4) or (c)(2),(3), and (4), whichever

is applicable, must be entered into the operator's records for each

individual check airman.

New paragraph (e) is added to restate the portion of current

Sec. 121.411(a)(6) allowing airmen who have passed their 60th birthday

or who do not hold a medical certificate to perform check airmen

functions, but, under this paragraph, these airmen may not serve as

crewmembers under part 121 operations.

New paragraph (f) is added to offer an alternate method for

maintaining recency of experience requirements for check airmen

(simulator). Under this rule, check airmen (simulator) must, within the

12-month period preceding the performance of check airman duties,

either fly two segments as a required crewmember for the type airplane

or satisfactorily complete an approved line-observation program.

New paragraph (g) is added to provide that the recency of

experience requirements of paragraph (f) may be completed in the

calendar month before or the calendar month after the month in which it

is due.

Section 121.412 Qualifications: Flight instructors (airplane) and

flight instructors (simulator).

The requirements for this section are virtually identical to those

in Sec. 121.411

[[Page 30736]]

for check airmen. Additionally, this section specifies that an

individual who does not hold a medical certificate may not function as

a flight instructor in an airplane.

Section 121.413 Initial and transition training and checking

requirements: Check airmen (airplane) and check airmen (simulator)

Paragraph (a)(1) maintains the current requirement that, in order

to serve as a check airman, a person must have completed initial or

transition check airman training. Additionally, paragraph (a)(2)

requires an observation check of check airman functions within the

preceding 24 calendar months. The observation check may be done in part

or in full in an airplane, in a flight simulator, or in a flight

training device as appropriate. An FAA inspector or an aircrew

designated examiner employed by the operator may administer this

observation check. The FAA believes that the observation check

requirement better ensures that check airmen maintain their

qualifications and their abilities to perform all other duties as

appropriate for check airmen.

In paragraph (b) the observation check requirement of paragraph

(a)(2) could be accomplished in the month before or the month after the

month in which it is due.

Paragraph (c) of this section covers initial ground training

requirements for check airmen. Most of the requirements are in current

paragraphs (a)(1) through (a)(6) of Sec. 121.413; however, some

editorial revisions have been made.

Paragraph (d) covers transition ground training for check airmen.

This paragraph separates transition ground training requirements from

initial ground training requirements, but imposes no new requirements

since transition and ground training are currently required in

Sec. 121.413 (a)(6).

Paragraph (e) is added to cover initial and transition flight

training for pilot check airmen (airplane), flight engineer check

airmen (airplane), and flight navigator check airmen (airplane).

Paragraph (e) contains requirements equivalent to those contained in

current Sec. 121.413(c) and (d), but places greater emphasis on the

safety issues required during checking that takes place under actual

flight. Additionally, it broadens the scope of current Sec. 121.413(c)

to include flight engineers (airplane) and flight navigators

(airplane). The FAA believes that the flight engineer (airplane) and

flight navigator (airplane) safety functions are as important to the

safe conduct of a flight as that of the check airman (airplane).

Paragraph (f) is added to allow all the flight training provisions

of paragraph (e) to be accomplished in full or in part in flight, in

flight simulators, or flight training devices as appropriate. Because

of technological advances in simulation, the FAA believes that the

requirements in current Sec. 121.413(c)(1) may be conducted in a

simulator. Current paragraph (c) allows the initial and transition

flight training in safety measures for emergency situations (current

paragraph (c)(2)) and the results of improper or untimely safety

measures (current paragraph (c)(3)) to be accomplished in an approved

flight simulator, but requires the training requirements of current

paragraph (c)(1) to be conducted in flight. In the new rule, the

requirements of current paragraph (c)(1) are to be codified in

Sec. 121.413(e)(3); however, under new paragraph (f), those

requirements need not be accomplished in flight. Those requirements can

be accomplished in flight, in a flight simulator, or in a flight

training device. The FAA believes that this is appropriate because of

the proven effectiveness of flight simulator training. Flight training

devices can be used to fulfill the training requirements for the same

reasons.

Paragraph (g) is added to establish initial and transition flight

training for check airmen (simulator). The requirements include

training and practice in the required normal, abnormal, and emergency

procedures and training in the operation of flight simulators or flight

training devices. Under this paragraph, the training may be conducted

in flight training devices or flight simulators as appropriate. The

requirements are necessary to establish flight training requirements

specifically for check airmen (simulator) who are qualified to conduct

flight checks or instruction only in a flight simulator or in a flight

training device.

Section 121.414 Initial and transition training and checking

requirements: Flight instructors (airplane) and flight instructors

(simulator)

The requirements for this section are identical to the provisions

in Sec. 121.413 except that the terms and references apply to flight

instructors. The required observation check is an observation check of

instructor functions, and includes the current requirement for training

in teaching methods and procedures except for the holders of a flight

instructor certificate.

Section 135.337 Qualifications: Check airmen (aircraft) and check

airmen (simulator)

Section 135.337(a)(1) currently requires that a flight instructor

or check airman serving in a training program under part 135, for the

particular aircraft type involved, must hold the airman certificate and

ratings that must be held to serve as a PIC in operations under part

135. Section 135.337(a)(5) currently requires that such a flight

instructor or check airman hold a Class I or Class II medical

certificate required to serve as a PIC in operations under part 135.

Under current Sec. 135.337(a)(7), a check airman who serves in an

aircraft simulator only must hold a Class III medical certificate.

Section 135.337(b) currently requires that a person who serves as a

simulator instructor for a course of training in an aircraft simulator

must hold at least a commercial pilot certificate.

This rule changes the applicability of this section from check

airmen and flight instructors to check airmen (aircraft) and check

airmen (simulator). Flight instructors are covered under new

Sec. 135.338. Paragraph (a) of Sec. 135.337 states that a check airman

(aircraft) is a person who is qualified and permitted to conduct flight

checks and instruction in an airplane, in a flight simulator, or in a

flight training device for a particular type, class, or category

aircraft. A check airman (simulator) is qualified to conduct flight

checks only in a flight simulator or in a flight training device for a

particular type, class, or category aircraft.

Paragraph (b) contains the eligibility requirements to serve as a

check airman (aircraft). With some editorial revisions and an

additional requirement to satisfy the recency of experience requirement

of Sec. 135.247, the eligibility requirements remain the same as

current requirements. The recency provision is added to ensure

equivalent recency of experience for those check airmen who may not be

flying line operations.

Paragraph (c) of Sec. 135.337 is added to establish the eligibility

requirements for check airmen (simulator). These requirements are the

same as those for check airmen (aircraft) paragraph (b) with two

exceptions. There is no requirement to hold a medical certificate and

the recency of experience requirements of new Sec. 135.337(b)(3) are

not required of part 135 check airmen (simulator). Check airmen

(simulator) instead are allowed to meet the recency of experience

requirements of paragraph (f), discussed later in this section.

Paragraph (d) is added to clarify that the completion of the

requirements of

[[Page 30737]]

(b)(2), (3), and (4) or (c)(2), (3), (4), whichever is applicable, must

be entered into the individual check airmen's training record.

Paragraph (e) is added to clarify that an airmen who does not hold

a medical certificate may perform check airmen functions, but may not

serve as a crewmember under part 135 operations.

Paragraph (f) is added to offer an alternate method for maintaining

recency of experience requirements for check airmen (simulator). Check

airmen (simulator) must, within the 12-month period preceding the

performance of check airman duties, either fly two segments as a

required crewmember for the type, class, or category aircraft or

satisfactorily complete an approved line-observation program.

Paragraph (g) is added to provide that the recency of experience

requirements of paragraph (f) may be completed in the calendar month

before or in the calendar month after the month in which it is due.

Section 135.338 Qualifications: Flight instructors (aircraft) and

flight instructors (simulator)

The requirements for this section are virtually identical to those

in Sec. 135.337 for check airmen. Additionally, this section clarifies

that an individual who does not hold a medical certificate may not

function as a flight instructor in an aircraft.

Section 135.339 Initial and transition training and checking

requirements: Check airmen (aircraft) and check airmen (simulator)

Paragraph (a)(1) continues the current requirement that, in order

to serve as a check airman, a person must have completed initial or

transition check airman training. Additionally, paragraph (a)(2)

requires an observation check of check airman functions within the

preceding 24 calendar months. The observation check may be done in part

or in full in an airplane, flight simulator, or flight training device

as appropriate. An FAA inspector or an aircrew designated examiner

employed by the operator may administer the observation check. The FAA

believes that the observation check requirement better ensures that

check airmen maintain their qualifications and their abilities to

perform all other duties as appropriate for check airmen.

In paragraph (b) the observation check requirement of paragraph

(a)(2) may be accomplished in the month before or the month after the

month in which it is due.

Paragraph (c) of this section covers initial ground training

requirements for check airmen. Most of the requirements are in current

paragraphs (a)(1) through (a)(6) of Sec. 135.339. Some editorial

revisions are made in this rule.

Paragraph (d) is added to cover transition ground training for

check airmen. This paragraph separates transition ground training

requirements from initial ground training requirements, but imposes no

new requirements since transition and ground training are currently

required in Sec. 135.339(a)(6).

Paragraph (e) is added to cover initial and transition flight

training for pilot check airmen (aircraft). Paragraph (e) contains

requirements equivalent to those contained in current Sec. 135.339(c),

but places greater emphasis on the safety issues required during

checking that would take place under actual flight.

Paragraph (f) is added to allow all the flight training provisions

of paragraph (e) to be accomplished in full or in part in flight, in

flight simulators, or in flight training devices as appropriate. This

makes the requirements in current Sec. 135.339(c)(1) less burdensome.

Current Sec. 135.339(c) allows the initial and transition flight

training in safety measures for emergency situations (current paragraph

(c)(2)) and the results of improper or untimely safety measures

(current paragraph (c)(3)) to be accomplished in an approved flight

simulator, but requires the training requirements of (c)(1) to be

conducted in flight. In the new rule, the requirements of current

(c)(1) are to be codified in Sec. 135.339(e); however, under new

paragraph (f), those requirements need not be accomplished in flight.

Those requirements can be accomplished in flight, in a flight

simulator, or in a flight training device. The FAA believes that this

is appropriate because of the proven effectiveness of flight simulator

training. Flight training devices also can be used to fulfill the

training requirements for the same reasons.

Paragraph (g) is added to establish initial and transition flight

training for check airmen (simulator). The requirements include

training and practice in the required normal, abnormal, and emergency

procedures and training in the operation of flight simulators or flight

training devices. Under this paragraph, the training may be conducted

in flight training devices or flight simulators as appropriate. The

requirements are necessary to establish flight training requirements

specifically for check airmen (simulator) who are qualified to conduct

flight checks or instruction only in a flight simulator or in a flight

training device.

Section 135.340 Initial and transition training and checking

requirements: Flight instructors (aircraft) and flight instructors

(simulator).

The requirements of this section are identical to the provisions of

Sec. 135.339 except that the terms and references apply to flight

instructors. The required observation check is an observation check of

instructor functions, and paragraph (c)(7) is added to include the

current requirement for training in teaching methods and procedures

except for the holders of a flight instructor certificate.

Discussion of Comments

On February 22, 1996, the FAA published notice proposing to allow

experienced check airmen and flight instructors who are not able to

hold a current medical certificate to check or instruct in flight

simulators and flight training devices (61 FR 6903). Eleven commenters

responded to the proposal. Commenters from FlightSafety International,

the National Air Transportation Association, Executive Air Fleet, Inc.,

Million Air, and McDonnell Douglas support this final rule. Commenters

from Petroleum Helicopters, Inc., (PHI), the Allied Pilots Association

(APA), the Air Line Pilots Association (ALPA), the Air Transport

Association (ATA), Federal Express (FedEx), and Kitty Hawk AirCargo,

Inc., (KHAI) made several recommendations, discussed and responded to

below.

PHI

PHI states that it generally supports the proposal to change

Sec. 135.339(a)(2) to require an observation check of check airmen

functions within the preceding 24 calendar months. However, it requests

that a statement be added to the rule language that would further

clarify who may conduct this observation check other than an FAA

inspector. It suggests that this check should be allowed to be

conducted by other ``designated check airmen.''

PHI also generally supports proposed Sec. 135.340 which requires

flight instructors to have the same training as check airmen. It

suggests adding language to the rule, however, to enable operators to

designate limited instructor capability for the purpose of training

specific modules, for example, navigation equipment, air data

computers, or other specialized equipment or operations.

FAA Response: The FAA agrees, in part, with PHI's comment regarding

clarification of who, other than an FAA inspector, may conduct an

observation check. To clarify this matter, the FAA

[[Page 30738]]

has changed ``aircrew designated examiner'' to ``aircrew designated

examiner employed by the operator'' under Secs. 121.413(a)(2) and

135.339(a)(2). This clarifies that such examiners are associated with a

particular operator. The FAA does not recognize the term ``designated

check airmen'' as suggested by the commenter. The FAA does not agree

that check airmen should conduct observation checks of other check

airmen. The FAA has determined that such authority should be exercised

only by FAA inspectors or an FAA designated aircrew examiner employed

by the operator.

In reference to PHI's comment regarding proposed Sec. 135.340, this

rule was not intended to create limited categories of instructors. To

create categories of instructors with limited authority is beyond the

scope of the NPRM.

APA

APA's comments are described as follows:

The proposal does not address any experience requirements other

than the requirement to hold the appropriate airmen certificates and

ratings that are required to serve as PIC for the type aircraft

involved. Check airmen under the current regulations are usually

operationally experienced line pilots who bring extensive line flying

background to the training environment. Under the proposed rule, any

individual with the proposed airmen certificates and ratings, with some

classroom and simulator training, could be a designated check airman.

In today's cost conscious training environment, with extensive use of

single visit training cycles, the need to use operationally experienced

individuals as check airmen is essential to maintain an effective

training environment and operational evaluation standard. Operational

experience requirements should include a defined number of PIC hours in

the type aircraft and regulatory environment (i.e., part 121 or 135)

involved and/or prior qualification as a former military, air carrier,

or furloughed pilot.

FAA Response: It is possible that, under this rule, any individual

with airmen certificates and ratings, with the appropriate classroom

and simulator training, could become a designated check airman. Check

airmen (simulator), however, must accomplish the following: Complete

the operator's course of instruction (initial, transition, or upgrade,

as appropriate) to include the proficiency check using company

procedures; regularly participate in an approved line-observation

program; maintain recency of experience in the simulator; and

accomplish the normal recurring training, line-oriented flight training

program, and periodic proficiency checks required of a line-qualified

PIC. These requirements are similar to those that line-qualified PIC's

must meet. The FAA has determined that certain simulators (Levels C and

D) are so advanced that experience gained using these simulators,

coupled with the line observation (e.g. Sec. 121.411(f)), recurrency

requirements (e.g., Sec. 121.411(c)(2)) and (3)), and observation check

(e.g., Sec. 121.413(a)(2)) are adequate substitutes for actual flight

experience in order to be check airmen. Further, the airman checked by

the check airman (simulator) must accomplish operational experience

(e.g., Sec. 121.434 (c)(1)(i) and (ii)) under the supervision of a

fully qualified PIC check airman (airplane) occupying a pilot station.

Thus, even a check airman (simulator's) approval of an airman is

indirectly reviewed by a check airman (airplane) during the acquisition

of operating experience.

APA also comments that, while the preamble indicates that the

recency of experience requirements for check airmen (simulator) and

flight instructor (simulator) can be met by flying two flight segments

as a required crewmember for the aircraft type involved, the proposed

rule language of Secs. 121.411(f) and 135.337(f) states that the

recency of experience flying requirements of two flight segments can be

accomplished in a simulator. APA believes that recency of experience

requirements can be met only by operational line flying. The

requirements for these flights should include participation/observation

in all aspects of the flight, including flight planning, preflight, and

post flight functions. ALPA echoed APA's comment regarding

Sec. 121.411(f) and FedEx commented that, if proposed Secs. 121.411(f)

and 121.412(f) are adopted, then similar requirements in appendix H

should be deleted.

FAA Response: The FAA has revised the preamble and also proposed

Secs. 121.411(f), 121.412(f), 135.337(f), and 135.338(f) to clarify

that recency of experience requirements can be met either in an

airplane or in a simulator (that is, by accomplishing two flight

segments or an approved line-observation program). The FAA also has

revised all of these sections to clarify the time period in which these

flight segments or line-observation programs must be accomplished. For

the reasons stated in the FAA's response to APA's comment above, all

experience requirements, both initial and recurrent, can be met in an

appropriately qualified simulator.

APA also proposes that the new requirement for check airmen and

flight instructors to complete an observation check of their

performance functions within the preceding 24 months should be

increased in frequency to within the preceding 12 months. Flightcrew

members are being evaluated at a minimum of at least every 12 months.

ALPA echoes APA on this matter. In line with the ``one level of

safety'' concept, according to APA, the rule ultimately adopted should

be identical for both part 121 and part 135 operators.

FAA Response: The evaluation timeframe for check airmen and flight

instructors will not be less than that required for the individuals

they will check or instruct. Check airmen and flight instructors

continue to be required to complete appropriate proficiency and

competency checks at least once every 12 months. The new requirement

that check airmen and flight instructors be observed in the performance

of their functions will serve to increase the quality assurance of

check airmen and flight instructors.

ALPA

As discussed above, ALPA agrees with APA that the observation

checks proposed under Secs. 121.413(a)(2) and 121.414(a)(2) should be

conducted within 12, rather than 24, months. ALPA and APA further agree

that 121.411(f), as proposed, would require the accomplishment of

flying or line observation in a flight simulator. The FAA has responded

to these comments above under the discussion of APA's comments.

In addition, ALPA feels that line observation should be required in

the airplane on a more frequent basis than proposed. According to ALPA,

the requirement in Secs. 121.411(f) and 121.412(f) for 12 months should

be changed to 3 months. Lastly, ALPA indicates that its comments

regarding the proposed part 121 sections are also valid for the

proposed part 135 sections.

FAA Response: The FAA agrees that any individual will maintain

greater line familiarity with more frequent line observations. Current

guidance indicates that two line observations per year are adequate to

maintain line familiarity. There is no evidence that safety has been

compromised using this current guidance. The FAA believes that annual

proficiency or competency checks, and the new 24-month observation

requirement coupled with the new annual line observation requirement,

exceed the current

[[Page 30739]]

guidance of two line observations per year.

The FAA acknowledges that ALPA's comments regarding pertinent part

121 sections are intended to apply to parallel part 135 sections and

has responded appropriately. As discussed above under APA's comments,

the FAA has revised proposed Secs. 121.411(f) and 121.412(f) to

parallel proposed Sec. 135.337(f).

ATA

ATA suggests that the preamble language of proposed

Sec. 121.411(b)(6) be made more clear. As drafted, it is unclear to ATA

whether the FAA intends that the check airmen must complete the three

takeoffs and landings in an airplane or whether a simulator may be used

to satisfy this requirement as allowed under existing Sec. 121.439.

FAA Response: Because check airmen (airplane) are able to perform

their functions in an airplane as a required flightcrew member, they

may meet recency of experience requirements either in an airplane or in

a qualified simulator. However, if a check airman (airplane) is a

required flightcrew member, actual in-flight recency experience is

required pursuant to Sec. 121.439(c).

ATA also believes that proposed Sec. 121.412(c)(1) contains a

significant change because it requires simulator-only instructors to

hold an ATP with a type rating in the airplane in which they will

instruct. This change is not explained in the preamble. In a second set

of comments which were filed after the comment period closed, ATA

stated that many of its member airlines employ hundreds of ``simulator

only'' instructors who do not hold type ratings on the airplane on

which they instruct. ATA feels that the impact of this rule would be

``severe'' on its members. Therefore, ATA recommends the following:

--Allow current ``simulator only'' instructors to continue instructing

without a type rating but require a type rating when an instructor is

trained on another airplane type;

--Allow sufficient time (i.e., 3 years) for an operator's instructor to

obtain a type rating and make it clear that a medical certificate is

not required to take a flight test in a simulator; or

--Allow a ``simulator only'' instructor to be issued a type rating upon

successful completion of the next recurrent training so that additional

training would not have to be provided in preparation for a type rating

flight test.

FAA Response: Current Sec. 121.411(b) references simulator

instructors. Simulator instructors were individuals who could instruct

flightcrew members maintaining airplane qualification but who were

unable to instruct those flightcrew members training under an initial,

upgrade, or transition training program. These simulator instructors

were required to hold an ATP but not a type rating in the type airplane

in which they instructed so long as they were only giving proficiency

instruction. ATA states that simulator instructors holding an ATP but

not a type rating for the airplane in which they instructed could not

obtain the required type rating in a level C simulator.

Under this final rule, simulator instructors are included under the

category of flight instructors (simulator). Flight instructors

(simulator) are required to obtain a type rating for the airplane in

which they instruct. Any individual may use an approved simulator to

satisfy the practical test requirements for an ATP and associated type

rating in accordance with current Sec. 61.157(e). Those individuals who

hold an ATP but not the type rating in the airplane in which they

provide proficiency instruction will have 9 months to come into

compliance with the new requirement by obtaining the aircraft type

rating. (See new 121.412(c)(1)). The new part 121 rule recodifies the

existing part 121 requirement that if a simulator instructor is

providing initial training, upgrade training, or transitional training,

then he or she must have a type rating for the aircraft. Because this

is a recodification of the part 121 existing requirement, ongoing

compliance is required. In other words, any part 121 flight instructor

(simulator) who provides initial, upgrade, or transitional training

must continue to have the appropriate type rating for the aircraft

involved. In contrast, current Sec. 135.337(b) does not require that a

simulator instructor have the appropriate type ratings. Therefore new

Sec. 135.338(c)(1) allows flight instructors (simulator) 9 months to

come into compliance with the new type rating requirements.

Despite ATA's assertion, in its untimely comment, that it would

take two of its members several years to type rate all of their

``simulator only'' instructors, ATA did not provide any data to support

its claim (e.g., number of persons affected, availability of

simulators, etc.) Furthermore, ATA states in its April 19 comment that

these instructors have completed aircraft qualification courses and

recurrent training. Thus, the time required for these individuals to

obtain type ratings will be minimal.

FedEx and ATA

FedEx and ATA recommend deleting current Sec. 121.411(a)(6) and

proposed Secs. 121.411(b)(5), 121.412(b)(5), 121.411(e) and 121.412(e).

According to these commenters, existing part 61 and Sec. 121.383

adequately address medical certificate and age requirements and the FAA

should merely reference these existing requirements in the preamble of

this final rule. Regarding Secs. 121.411(e) and 121.412(e), the KHAI

commenter agrees with ATA and FedEx that these sections should be

deleted due to redundancy with existing Sec. 121.383. ATA and FedEx

further request that the FAA make it clear that the requirement for a

Class III medical certificate in Sec. 61.39 does not apply if the

applicant for a type rating uses a flight simulator.

FAA response: The FAA concurs with ATA that proposed

Secs. 121.411(b)(5), 121.412(b)(5), 121.411(e) and 121.412(e) may echo

provisions contained elsewhere in the regulations; however, the intent

of these proposed sections is to clarify medical requirements for the

airplane and simulator categories of check airmen and flight

instructors.

The provisions of Sec. 61.39, which cover flight tests, do not

apply to this rulemaking. The medical requirement provision of

Sec. 61.39(a)(3) was adopted to ensure that applicants who would take

their flight tests in an aircraft hold appropriate medical

certificates. There is no requirement for applicants to hold a medical

certificate for practical tests conducted in a simulator. Section

61.157 provides for adding type ratings to existing ATP's. The addition

of a type rating is accomplished under Sec. 61.157 by a practical test

for which no medical certificate is required.

KHAI

KHAI's comments are described as follows:

The recordkeeping requirements of proposed Sec. 121.411(c) and (d),

requiring that records for a check airman be maintained as for any

other pilot, are redundant and not necessary unless the check airman is

not employed as a pilot for the certificate holder.

FAA Response: The FAA agrees with the commenter to the extent that

check airmen and flight instructors who are line qualified flightcrew

members for the operator need not duplicate the recordkeeping

requirements of Sec. 121.411. This final rule recognizes check airmen

and instructors who may not be line qualified and requires such

individuals to maintain similar training

[[Page 30740]]

records as those individuals who are line qualified.

Further, according to KHAI, the observation check requirement in

proposed Sec. 121.413(a)(2) is burdensome. Since it is now very

difficult to schedule an FAA inspector to conduct checks, KHAI believes

that this proposed observation check requirement will add an

unnecessary burden of additional tracking and scheduling and

accomplishes little in the way of verifying the competency of a check

airmen.

FAA Response: The FAA places importance on the role of check airmen

and flight instructors. The 24-month observation is a new requirement

and will serve to increase the quality assurance of check airmen and

flight instructors. This final rule permits qualified aircrew

designated examiners employed by the operator to conduct the

observation. The addition of aircrew designated examiners employed by

the operator to conduct the observation check should relieve any

unnecessary burden for tracking and scheduling.

The commenter from KHAI states that there is an apparent

discrepancy in the initial and transition training requirements for

flight instructors as proposed in Sec. 121.414 (c)(7) and for check

airmen as proposed in Sec. 121.413 (c)(6).

FAA Response: Generally, before an individual becomes a check

airman, those individuals are first qualified as flight instructors.

The training requirements for flight instructors are prerequisite to

the training requirements for check airmen.

KHAI comments that, unlike the new Sec. 121.434 regulation, this

regulation does not specifically address line check airmen.

FAA Response: This final rule addresses check airmen as a broad

category. Other specific categories of check airmen (i.e., line check

airmen, proficiency check airmen, etc.) also were not mentioned. It was

not the intent of this rule to address specific categories of check

airmen beyond check airmen (airplane) and check airmen (simulator).

Lastly, KHAI states that, in the future, more input is needed from

part 121 operators before this type of rule is issued, that comment

periods should be longer, and that a review of FAA Order 8400.10 should

be conducted.

FAA Response: As indicated in the preamble discussion above, the

FAA used draft rule language developed by the Air Carrier Training

Working Group of ARAC as the basis for developing this proposal. This

working group was comprised of many part 121 operators.

In allotting the 30-day comment period, the FAA was responding to

requests for relief from the aviation industry.

Because FAA Orders are guidance material and not regulatory, they

are reviewed and updated to coincide with regulatory requirements, when

warranted.

Modifications

The following modifications have been made to the final rule:

--``Aircrew designated examiner'' has been expanded to ``aircrew

designated examiner employed by the operator'' under proposed

Secs. 121.413(a)(2) and 135.339(a)(2), to further clarify who, other

than an FAA inspector, may conduct an observation check.

--Proposed Secs. 121.411(f), 121.412(f), 135.337(f), and 135.338(f)

have been revised to make them clear and parallel. These proposed

sections contain the qualification requirements for check airmen/

simulator and check airmen/airplane.

--Proposed paragraphs (f)(2)(i), (ii), and (iii) have been withdrawn

from the qualifications sections for flight instructors (simulator) and

check airmen (simulator)--Secs. 121.411, 121.412, 135.337, and 135.338.

The FAA has decided to maintain the existing regulatory scheme under

which operators can seek FAA approval for line observation programs.

See Advisory Circular 120-35 as amended.

--Proposed paragraphs (a)(2) of Secs. 121.413, 121.414, 135.339, and

135.340 (simulator) have been revised to allow operators until March

1997 (9 months after the publication date of this rule) to come into

compliance with the new requirement for operators to conduct

observation checks of check airmen and flight instructors once every 24

months.

--Proposed Sec. 121.412(c)(1) has been revised to give part 121

operators and flight instructors (simulator) who currently only provide

proficiency instruction, until March 1997 to obtain a type rating if

they do not already have one.

--Proposed Sec. 135.338(c)(1) has been revised to give part 135

operators and flight instructors (simulator) until March 1997 to obtain

a type rating for the type, class, or category of aircraft in which

they instruct if they do not already have one.

Although not in response to comments, the FAA has also added the

word ``pilot'' in front of ``flightcrew members'' under proposed

paragraphs (e) of Secs. 121.411 and 121.412. This clarification is

necessary because 121.383(c) (the so-called ``Age 60 rule'') only

applies to pilot flightcrew members.

With the above modifications being incorporated, this rule is

adopted as proposed.

The FAA is making this rule effective on the date of its

publication in the Federal Register pursuant to 5 U.S.C. Sections

553(d)(1) and 553(d)(3). Because this new rule eliminates certain

medical certification requirements, it relieves a restriction that used

to exist and thus justifies an immediate change. (See 5 U.S.C. Section

553(d)(1)). Because much of the rest of these rules are merely a

recodification of long-standing rules, good cause exists for making

this recodification effective immediately. (See 5 U.S.C. Section 553

(d)(3)). Although these rules are effective immediately, the FAA is

allowing operators and other affected individuals 9 months to come into

compliance with two new requirements: the 24-month observation check

and the type rating requirements. (See earlier discussion.)

Paperwork Reduction Act

As stated in the NPRM, the paperwork burden associated with this

rule is negligible. The FAA estimated the average burden hour per

respondent at 15 seconds per individual every 2 years. As discussed

above under ``Effective Date,'' OMB is reviewing the information

collection requirements associated with this rule and will publish a

notice informing the public when these information requirements become

effective.

International Civil Aviation Organization and Joint Aviation

Regulations

In keeping with U.S. obligations under the Convention on

International Civil Aviation, it is FAA policy to comply with ICAO

Standards and Recommended Practices to the maximum extent practicable.

The FAA is not aware of any differences that this rule presents, nor

were any differences indicated in any of the comments received.

Regulatory Evaluation Summary

Changes to Federal regulations must undergo several economic

analyses. First, Executive Order 12866 directs Federal agencies to

promulgate new regulations or modify existing regulations only if the

potential benefits to society outweigh the potential costs. Second, the

Regulatory Flexibility Act of 1980 requires agencies to analyze the

economic impact of regulatory changes

[[Page 30741]]

on small entities. Finally, the Office of Management and Budget directs

agencies to assess the effects of regulatory changes on international

trade. In conducting these analyses, the FAA has determined that this

rule is not ``a significant regulatory action'' as defined in the

Executive Order and the Department of Transportation Regulatory

Policies and Procedures. This rule will not have a significant impact

on a substantial number of small entities and will have no impact on

international trade. These analyses, available in the docket, are

summarized below.

Benefits and Costs

The requirements of this rule will not impose any additional cost

on air carriers or other training entities currently providing

simulator training. These additional requirements can be incorporated

into current industry practice.

In the past, the FAA has issued exemptions to air carriers and to

training entities (FlightSafety, Simuflite, etc.), which permit them to

use simulators to conduct training and checking for air carrier pilots.

However, the FAA imposed certain conditions and limitations in these

exemptions. The Agency required that the check airmen and instructors

of these entities hold the same airman certificates and ratings and

complete the same proficiency checks as required to serve as PIC in air

carrier operations. In addition, check airmen and flight instructors

that conduct Line-Oriented Flight Training and Line Operational

Evaluation in simulators had to be line qualified or line familiar and

had to participate in a line observation program. This line observation

program has the same requirements as the one that is being adopted for

check airmen (simulators) and flight instructors (simulator).

Therefore, this program will not impose any additional burden on the

aviation industry.

In addition, current FAA policy, as part of Flight Standards Work

Program Functions, requires aviation safety inspectors to observe, at

least once annually, half of the check airmen and instructors while

they perform their duties. A portion of the current observation

practice and policy is incorporated into the Code of Federal

Regulations by this rulemaking. Since the above policy and practice

exceed the requirements, this rulemaking will not impose any additional

burden on the airline industry.

The rule affords cost savings to air carriers by allowing them to

hire experienced pilots who are not able to hold a current medical

certificate to check or instruct in flight simulators and flight

training devices if they satisfy the above requirements. These pilots,

many of whom are retired, would probably offer their services at lower

cost to the airlines than the full-time pilots that currently are

performing these functions. Air carriers also will be able to reduce

disruption to their operations by contracting with part-time pilots to

provide training and checking services, thereby eliminating the need to

pull line pilots from their routine duties. The rule also will reduce

costs to the industry because it allows all initial and transition

flight training for check airmen and instructors to be conducted in

simulators or in flight training devices as opposed to the current in-

flight requirement. Accordingly, the FAA finds this rule to be cost-

beneficial because it does not impose any additional costs on the

aviation industry and allows for less costly training of future pilots.

Regulatory Flexibility Determination

The Regulatory Flexibility Act (RFA) of 1980 was enacted by

Congress to ensure that small entities are not unnecessarily or

disproportionately burdened by Government regulations. The RFA requires

a Regulatory Flexibility Analysis if a rule is expected to have a

``significant (positive or negative) economic impact on a substantial

number of small entities.'' Based on the standards and thresholds

specified in implementing the FAA Order 2100.14A, Regulatory

Flexibility Criteria and Guidance, the FAA has determined that the rule

will not have a significant impact on a substantial number of small

entities.

International Trade Impact Assessment

This rule is expected to have neither an adverse impact on the

trade opportunities for U.S. firms doing business abroad nor on foreign

firms doing business in the United States. The cost savings that would

be realized from the rule are not likely to be significant enough to

affect the competitive position of domestic concerns vis-a-vis foreign

concerns.

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

regulation is not significant under Executive Order 12866. In addition,

it is certified that this 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 DOT Regulatory Policies and Procedures (44

FR 11034, February 26, 1979).

List of Subjects

14 CFR Part 121

Air carriers, Aircraft, Airmen, Aviation safety, Safety, Reporting

and recordkeeping requirements, Transportation.

14 CFR Part 135

Air taxis, Aircraft, Airmen, Aviation safety, Reporting and

recordkeeping requirements.

The Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR Parts 121 and 135 as follows:

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

OPERATIONS

1. The authority citation for part 121 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,

and 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44901-

44904, 44912, 46105.

2. Section 121.411 is revised to read as follows:

Sec. 121.411 Qualifications: Check airmen (airplane) and check airmen

(simulator).

(a) For the purposes of this section and Sec. 121.413:

(1) A check airman (airplane) is a person who is qualified, and

permitted, to conduct flight checks or instruction in an airplane, in a

flight simulator, or in a flight training device for a particular type

airplane.

(2) A check airman (simulator) is a person who is qualified to

conduct flight checks or instruction, but only in a flight simulator or

in a flight training device for a particular type airplane.

(3) Check airmen (airplane) and check airmen (simulator) are those

check airmen who perform the functions described in Sec. 121.401(a)(4).

(b) No certificate holder may use a person, nor may any person

serve as a check airman (airplane) in a training program established

under this subpart unless, with respect to the airplane type involved,

that person--

(1) Holds the airman certificates and ratings required to serve as

a pilot in command, a flight engineer, or a flight navigator, as

applicable, in operations under this part;

(2) Has satisfactorily completed the appropriate training phases

for the

[[Page 30742]]

airplane, including recurrent training, that are required to serve as a

pilot in command, flight engineer, or flight navigator, as applicable,

in operations under this part;

(3) Has satisfactorily completed the appropriate proficiency or

competency checks that are required to serve as a pilot in command,

flight engineer, or flight navigator, as applicable, in operations

under this part;

(4) Has satisfactorily completed the applicable training

requirements of Sec. 121.413 including in-flight training and practice

for initial and transition training;

(5) Holds at least a Class III medical certificate unless serving

as a required crewmember, in which case holds a Class I or Class II

medical certificate as appropriate;

(6) Has satisfied the recency of experience requirements of

Sec. 121.439; and

(7) Has been approved by the Administrator for the check airman

duties involved.

(c) No certificate holder may use a person nor may any person serve

as a check airman (simulator) in a training program established under

this subpart unless, with respect to the airplane type involved, that

person meets the provisions of paragraph (b) of this section, or--

(1) Holds the airman certificates and ratings, except medical

certificate, required to serve as a pilot in command, a flight

engineer, or a flight navigator, as applicable, in operations under

this part;

(2) Has satisfactorily completed the appropriate training phases

for the airplane, including recurrent training, that are required to

serve as a pilot in command, flight engineer, or flight navigator in

operations under this part;

(3) Has satisfactorily completed the appropriate proficiency or

competency checks that are required to serve as a pilot in command,

flight engineer, or flight navigator in operations under this part;

(4) Has satisfactorily completed the applicable training

requirements of Sec. 121.413; and

(5) Has been approved by the Administrator for the check airman

(simulator) duties involved.

(d) Completion of the requirements in paragraphs (b) (2), (3), and

(4) or (c) (2), (3), and (4) of this section, as applicable, shall be

entered in the individual's training record maintained by the

certificate holder.

(e) Check airmen who have reached their 60th birthday or who do not

hold an appropriate medical certificate may function as check airmen,

but may not serve as pilot flightcrew members in operations under this

part.

(f) A check airman (simulator) must accomplish the following--

(1) Fly at least two flight segments as a required crewmember for

the type airplane involved within the 12-month period preceding the

performance of any check airman duty in a flight simulator; or

(2) Satisfactorily complete an approved line-observation program

within the period prescribed by that program and that must precede the

performance of any check airman duty in a flight simulator.

(g) The flight segments or line-observation program required in

paragraph (f) of this section are considered to be completed in the

month required if completed in the calendar month before or in the

calendar month after the month in which it is due.

3. Section 121.412 is added to read as follows:

Sec. 121.412 Qualifications: Flight instructors (airplane) and flight

instructors (simulator).

(a) For the purposes of this section and Sec. 121.412:

(1) A flight instructor (airplane) is a person who is qualified to

instruct in an airplane, in a flight simulator, or in a flight training

device for a particular type airplane.

(2) A flight instructor (simulator) is a person who is qualified to

instruct, but only in a flight simulator, in a flight training device,

or both, for a particular type airplane.

(3) Flight instructors (airplane) and flight instructors

(simulator) are those instructors who perform the functions described

in Sec. 121.401(a)(4).

(b) No certificate holder may use a person nor may any person serve

as a flight instructor (airplane) in a training program established

under this subpart unless, with respect to the airplane type involved,

that person--

(1) Holds the airman certificates and rating required to serve as a

pilot in command, a flight engineer, or a flight navigator, as

applicable, in operations under this part;

(2) Has satisfactorily completed the appropriate training phases

for the airplane, including recurrent training, that are required to

serve as a pilot in command, flight engineer, or flight navigator, as

applicable, in operations under this part;

(3) Has satisfactorily completed the appropriate proficiency or

competency checks that are required to serve as a pilot in command,

flight engineer, or flight navigator, as applicable, in operations

under this part;

(4) Has satisfactorily completed the applicable training

requirements of Sec. 121.414, including in-flight training and practice

for initial and transition training;

(5) Holds at least a Class III medical certificate unless serving

as a required crewmember, in which case holds a Class I or a Class II

medical certificate as appropriate.

(6) Has satisfied the recency of experience requirements of

Sec. 121.439.

(c) No certificate holder may use a person, nor may any person

service as a flight instructor (simulator) in a training program

established under this subpart, unless, with respect to the airplane

type involved, that person meets the provisions of paragraph (b) of

this section, or--

(1) Holds the airman certificates and ratings, except medical

certificate, required to serve as a pilot in command, a flight

engineer, or a flight navigator, as applicable, in operations under

this part except before February 19, 1997 that person need not hold a

type rating for the airplane type involved provided that he or she only

provides the instruction described in Secs. 121.409(b) and 121.441;

(2) Has satisfactorily completed the appropriate training phases

for the airplane, including recurrent training, that are required to

serve as a pilot in command, flight engineer, or flight navigator, as

applicable, in operations under this part;

(3) Has satisfactorily completed the appropriate proficiency or

competency checks that are required to serve as a pilot in command,

flight engineer, or flight navigator, as applicable, in operations

under this part; and

(4) Has satisfactorily completed the applicable training

requirements of Sec. 121.414.

(d) Completion of the requirements in paragraphs (b) (2), (3), and

(4) or (c) (2), (3), and (4) of this section as applicable shall be

entered in the individual's training record maintained by the

certificate holder.

(e) Airmen who have reached their 60th birthday, or who do not hold

an appropriate medical certificate, may not function as a flight

instructor (airplane), nor may they serve as pilot flightcrew members

in operations under this part.

(f) A flight instructor (simulator) must accomplish the following--

(1) Fly at least two flight segments as a required crewmember for

the type of airplane within the 12-month period preceding the

performance of any flight instructor duty in a flight simulator (and

must hold a Class I or Class II medical certificate as appropriate); or

(2) Satisfactorily complete an approved line-observation program

[[Page 30743]]

within the period prescribed by that program and that must precede the

performance of any check airman duty in a flight simulator.

(g) The flight segments or line-observation program required in

paragraph (f) of this section is considered completed in the month

required if completed in the calendar month before, or the calendar

month after the month in which it is due.

4. Section 121.413 is revised to read as follows:

Sec. 121.413 Initial and transition training and checking

requirements: Check airmen (airplane), check airmen (simulator).

(a) No certificate holder may use a person nor may any person serve

as a check airman unless--

(1) That person has satisfactorily completed initial or transition

check airman training; and

(2) Within the preceding 24 calendar months that person

satisfactorily conducts a proficiency or competency check under the

observation of an FAA inspector or an aircrew designated examiner

employed by the operator. The observation check may be accomplished in

part or in full in an airplane, in a flight simulator, or in a flight

training device. This paragraph applies after February 19, 1997.

(b) The observation check required by paragraph (a)(2) of this

section is considered to have been completed in the month required if

completed in the calendar month before, or the calendar month after,

the month in which it is due.

(c) The initial ground training for check airmen must include the

following:

(1) Check airman duties, functions, and responsibilities.

(2) The applicable Code of Federal Regulations and the certificate

holder's policies and procedures.

(3) The appropriate methods, procedures, and techniques for

conducting the required checks.

(4) Proper evaluation of student performance including the

detection of--

(i) Improper and insufficient training; and

(ii) Personal characteristics of an applicant that could adversely

affect safety.

(5) The appropriate corrective action in the case of unsatisfactory

checks.

(6) The approved methods, procedures, and limitations for

performing the required normal, abnormal, and emergency procedures in

the airplane.

(d) The transition ground training for check airmen must include

the approved methods, procedures, and limitations for performing the

required normal, abnormal, and emergency procedures applicable to the

airplane to which the check airman is in transaction.

(e) The initial and transition flight training for pilot check

airmen (airplane), flight engineer check airmen (airplane), and flight

navigator check airmen (airplane) must include the following:

(1) The safety measures for emergency situations that are likely to

develop during a check.

(2) The potential results of improper, untimely, or non-execution

of safety measures during a check.

(3) For pilot check airman (airplane)--

(i) Training and practice in conducting flight checks from the left

and right pilot seats in the required normal, abnormal, and emergency

procedures to ensure competence to conduct the pilot flight checks

required by this part; and

(ii) The safety measures to be taken from either pilot seat for

emergency situations that are likely to develop during a check.

(4) For flight engineer check airmen (airplane) and flight

navigator check airmen (airplane), training to ensure competence to

perform assigned duties.

(f) The requirements of paragraph (e) of this section may be

accomplished in full or in part in flight, in a flight simulator, or in

a flight training device, as appropriate.

(g) The initial and transition flight training for check airmen

(simulator) must include the following:

(1) Training and practice in conducting flight checks in the

required normal, abnormal, and emergency procedures to ensure

competence to conduct the flight checks required by this part. This

training and practice must be accomplished in a flight simulator or in

a flight training device.

(2) Training in the operation of flight simulators or flight

training devices, or both, to ensure competence to conduct the flight

checks required by this part.

5. Section 121.414 is added to read as follows:

Sec. 121.414 Initial and transition training and checking

requirements: flight instructors (airplane), flight instructors

(simulator).

(a) No certificate holder may use a person nor may any person serve

as a flight instructor unless--

(1) That person has satisfactorily completed initial or transition

flight instructor training; and

(2) Within the preceding 24 calendar months, that person

satisfactorily conducts instruction under the observation of an FAA

inspector, an operator check airman, or an aircrew designated examiner

employed by the operator. The observation check may be accomplished in

part or in full in an airplane, in a flight simulator, or in a flight

training device. This paragraph applies after February 19, 1997.

(b) The observation check required by paragraph (a)(2) of this

section is considered to have been completed in the month required if

completed in the calendar month before, or the calendar month after,

the month in which it is due.

(c) The initial ground training for flight instructors must include

the following:

(1) Flight instructor duties, functions, and responsibilities.

(2) The applicable Code of Federal Regulations and the certificate

holder's policies and procedures.

(3) The appropriate methods, procedures, and techniques for

conducting flight instruction.

(4) Proper evaluation of student performance including the

detection of--

(i) Improper and insufficient training; and

(ii) Personal characteristics of an applicant that could adversely

affect safety.

(5) The corrective action in the case of unsatisfactory training

progress.

(6) The approved methods, procedures, and limitations for

performing the required normal, abnormal, and emergency procedures in

the airplane.

(7) Except for holders of a flight instructor certificate--

(i) The fundamental principles of the teaching-learning process;

(ii) Teaching methods and procedures; and

(iii) The instructor-student relationship.

(d) The transition ground training for flight instructors must

include the approved methods, procedures, and limitations for

performing the required normal, abnormal, and emergency procedures

applicable to the airplane to which the flight instructor is in

transition.

(e) The initial and transition flight training for flight

instructors (airplane), flight engineer instructors (airplane), and

flight navigator instructors (airplane) must include the following:

(1) The safety measures for emergency situations that are likely to

develop during instruction.

(2) The potential results of improper, untimely, or non-execution

of safety measures during instruction.

(3) For pilot flight instructor (airplane)--

[[Page 30744]]

(i) In-flight training and practice in conducting flight

instruction from the left and right pilot seats in the required normal,

abnormal, and emergency procedures to ensure competence as an

instructor; and

(ii) The safety measures to be taken from either pilot seat for

emergency situations that are likely to develop during instruction.

(4) For flight engineer instructors (airplane) and flight navigator

instructors (airplane), in-flight training to ensure competence to

perform assigned duties.

(f) The requirements of paragraph (e) of this section may be

accomplished in full or in part in flight, in a flight simulator, or in

a flight training device, as appropriate.

(g) The initial and transition flight training for flight

instructors (simulator) must include the following:

(1) Training and practice in the required normal, abnormal, and

emergency procedures to ensure competence to conduct the flight

instruction required by this part. This training and practice must be

accomplished in full or in part in a flight simulator or in a flight

training device.

(2) Training in the operation of flight simulators or flight

training devices, or both, to ensure competence to conduct the flight

instruction required by this part.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND

OPERATIONS.

6. The authority citation for part 135 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709,

44711-44713, 44715-44717, 44722.

7. Section 135.337 is revised to read as follows:

Sec. 135.337 Qualifications: Check airmen (aircraft) and check airmen

(simulator).

(a) For the purposes of this section and Sec. 135.339:

(1) A check airman (aircraft) is a person who is qualified to

conduct flight checks in an aircraft, in a flight simulator, or in a

flight training device for a particular type aircraft.

(2) A check airman (simulator) is a person who is qualified to

conduct flight checks, but only in a flight simulator, in a flight

training device, or both, for a particular type aircraft.

(3) Check airmen (aircraft) and check airmen (simulator) are those

check airmen who perform the functions described in Secs. 135.321 (a)

and 135.323(a)(4) and (c).

(b) No certificate holder may use a person, nor may any person

serve as a check airman (aircraft) in a training program established

under this subpart unless, with respect to the aircraft type involved,

that person--

(1) Holds the airman certificates and ratings required to serve as

a pilot in command in operations under this part;

(2) Has satisfactorily completed the training phases for the

aircraft, including recurrent training, that are required to serve as a

pilot in command in operations under this part;

(3) Has satisfactorily completed the proficiency or competency

checks that are required to serve as a pilot in command in operations

under this part;

(4) Has satisfactorily completed the applicable training

requirements of Sec. 135.339;

(5) Holds at least a Class III medical certificate unless serving

as a required crewmember, in which case holds a Class I or Class II

medical certificate as appropriate.

(6) Has satisfied the recency of experience requirements of

Sec. 135.247; and

(7) Has been approved by the Administrator for the check airman

duties involved.

(c) No certificate holder may use a person, nor may any person

serve as a check airman (simulator) in a training program established

under this subpart unless, with respect to the aircraft type involved,

that person meets the provisions of paragraph (b) of this section, or--

(1) Holds the applicable airman certificates and ratings, except

medical certificate, required to serve as a pilot in command in

operations under this part;

(2) Has satisfactorily completed the appropriate training phases

for the aircraft, including recurrent training, that are required to

serve as a pilot in command in operations under this part;

(3) Has satisfactorily completed the appropriate proficiency or

competency checks that are required to serve as a pilot in command in

operations under this part;

(4) Has satisfactorily completed the applicable training

requirements of Sec. 135.339; and

(5) Has been approved by the Administrator for the check airman

(simulator) duties involved.

(d) Completion of the requirements in paragraphs (b) (2), (3), and

(4) or (c) (2), (3), and (4) of this section, as applicable, shall be

entered in the individual's training record maintained by the

certificate holder.

(e) Check airmen who do not hold an appropriate medical certificate

may function as check airmen (simulator), but may not serve as

flightcrew members in operations under this part.

(f) A check airman (simulator) must accomplish the following--

(1) Fly at least two flight segments as a required crewmember for

the type, class, or category aircraft involved within the 12-month

preceding the performance of any check airman duty in a flight

simulator; or

(2) Satisfactorily complete an approved line-observation program

within the period prescribed by that program and that must precede the

performance of any check airman duty in a flight simulator.

(g) The flight segments or line-observation program required in

paragraph (f) of this section are considered to be completed in the

month required if completed in the calendar month before or the

calender month after the month in which they are due.

8. Section 135.338 is added to read as follows:

Sec. 135.338 Qualifications: Flight instructors (aircraft) and flight

instructors (simulator).

(a) For the purposes of this section and Sec. 135.340:

(1) A flight instructor (aircraft) is a person who is qualified to

instruct in an aircraft, in a flight simulator, or in a flight training

device for a particular type, class, or category aircraft.

(2) A flight instructor (simulator) is a person who is qualified to

instruct in a flight simulator, in a flight training device, or in

both, for a particular type, class, or category aircraft.

(3) Flight instructors (aircraft) and flight instructors

(simulator) are those instructors who perform the functions described

in Sec. 135.321(a) and 135.323 (a)(4) and (c).

(b) No certificate holder may use a person, nor may any person

serve as a flight instructor (aircraft) in a training program

established under this subpart unless, with respect to the type, class,

or category aircraft involved, that person--

(1) Holds the airman certificates and ratings required to serve as

a pilot in command in operations under this part;

(2) Has satisfactorily completed the training phases for the

aircraft, including recurrent training, that are required to serve as a

pilot in command in operations under this part;

(3) Has satisfactorily completed the proficiency or competency

checks that are required to serve as a pilot in command in operations

under this part;

(4) Has satisfactorily completed the applicable training

requirements of Sec. 135.340;

(5) Holds at least a Class III medical certificate; and

[[Page 30745]]

(6) Has satisfied the recency of experience requirements of

Sec. 135.247.

(c) No certificate holder may use a person, nor may any person

serve as a flight instructor (simulator) in a training program

established under this subpart, unless, with respect to the type,

class, or category aircraft involved, that person meets the provisions

of paragraph (b) of this section, or--

(1) Holds the airman certificates and ratings, except medical

certificate, required to serve as a pilot in command in operations

under this part except before February 19, 1997 that person need not

hold a type rating for the type, class, or category of aircraft

involved.

(2) Has satisfactorily completed the appropriate training phases

for the aircraft, including recurrent training, that are required to

serve as a pilot in command in operations under this part;

(3) Has satisfactorily completed the appropriate proficiency or

competency checks that are required to serve as a pilot in command in

operations under this part; and

(4) Has satisfactorily completed the applicable training

requirements of Sec. 135.340.

(d) Completion of the requirements in paragraphs (b) (2), (3), and

(4) or (c) (2), (3), and (4) of this section, as applicable, shall be

entered in the individual's training record maintained by the

certificate holder.

(e) An airman who does not hold a medical certificate may function

as a flight instructor in an aircraft if functioning as a non-required

crewmember, but may not serve as a flightcrew member in operations

under this part.

(f) A flight instructor (simulator) must accomplish the following--

(1) Fly at least two flight segments as a required crewmember for

the type, class, or category aircraft involved within the 12-month

period preceding the performance of any flight instructor duty in a

flight simulator; or

(2) Satisfactorily complete an approved line-observation program

within the period prescribed by that program and that must precede the

performance of any check airman duty in a flight simulator.

(g) The flight segments or line-observation program required in

paragraph (f) of this section are considered completed in the month

required if completed in the calendar month before, or in the calendar

month after, the month in which they are due.

9. Section 135.339 is added to read as follows:

Sec. 135.339 Initial and transition training and checking: Check

airmen (aircraft), check airmen (simulator).

(a) No certificate holder may use a person nor may any person serve

as a check airman unless--

(1) That person has satisfactorily completed initial or transition

check airman training; and

(2) Within the preceding 24 calendar months, that person

satisfactorily conducts a proficiency or competency check under the

observation of an FAA inspector or an aircrew designated examiner

employed by the operator. The observation check may be accomplished in

part or in full in an aircraft, in a flight simulator, or in a flight

training device. This paragraph applies after February 19, 1997.

(b) The observation check required by paragraph (a)(2) of this

section is considered to have been completed in the month required if

completed in the calendar month before or the calendar month after the

month in which it is due.

(c) The initial ground training for check airmen must include the

following:

(1) Check airman duties, functions, and responsibilities.

(2) The applicable Code of Federal Regulations and the certificate

holder's policies and procedures.

(3) The applicable methods, procedures, and techniques for

conducting the required checks.

(4) Proper evaluation of student performance including the

detection of--

(i) Improper and insufficient training; and

(ii) Personal characteristics of an applicant that could adversely

affect safety.

(5) The corrective action in the case of unsatisfactory checks.

(6) The approved methods, procedures, and limitations for

performing the required normal, abnormal, and emergency procedures in

the aircraft.

(d) The transition ground training for check airmen must include

the approved methods, procedures, and limitations for performing the

required normal, abnormal, and emergency procedures applicable to the

aircraft to which the check airman is in transition.

(e) The initial and transition flight training for check airmen

(aircraft) must include the following--

(1) The safety measures for emergency situations that are likely to

develop during a check;

(2) The potential results of improper, untimely, or nonexecution of

safety measures during a check;

(3) Training and practice in conducting flight checks from the left

and right pilot seats in the required normal, abnormal, and emergency

procedures to ensure competence to conduct the pilot flight checks

required by this part; and

(4) The safety measures to be taken from either pilot seat for

emergency situations that are likely to develop during checking.

(f) The requirements of paragraph (e) of this section may be

accomplished in full or in part in flight, in a flight simulator, or in

a flight training device, as appropriate.

(g) The initial and transition flight training for check airmen

(simulator) must include the following:

(1) Training and practice in conducting flight checks in the

required normal, abnormal, and emergency procedures to ensure

competence to conduct the flight checks required by this part. This

training and practice must be accomplished in a flight simulator or in

a flight training device.

(2) Training in the operation of flight simulators, flight training

devices, or both, to ensure competence to conduct the flight checks

required by this part.

10. Section 135.340 is added to read as follows:

Sec. 135.340 Initial and transition training and checking: Flight

instructors (aircraft), flight instructors (simulator).

(a) No certificate holder may use a person nor may any person serve

as a flight instructor unless--

(1) That person has satisfactorily completed initial or transition

flight instructor training; and

(2) Within the preceding 24 calendar months, that person

satisfactorily conducts instruction under the observation of an FAA

inspector, as operator check airman, or an aircrew designated examiner

employed by the operator. The observation check may be accomplished in

part or in full in an aircraft, in a flight simulator, or in a flight

training device. This paragraph applies after February 19, 1997.

(b) The observation check required by paragraph (a)(2) of this

section is considered to have been completed in the month required if

completed in the calendar month before, or the calendar month after,

the month in which it is due.

(c) The initial ground training for flight instructors must include

the following:

(1) Flight instructor duties, functions, and responsibilities.

(2) The applicable Code of Federal Regulations and the certificate

holder's policies and procedures.

[[Page 30746]]

(3) The applicable methods, procedures, and techniques for

conducting flight instruction.

(4) Proper evaluation of student performance including the

detection of--

(i) Improper and insufficient training; and

(ii) Personal characteristics of an applicant that could adversely

affect safety.

(5) The corrective action in the case of unsatisfactory training

progress.

(6) The approved methods, procedures, and limitations for

performing the required normal, abnormal, and emergency procedures in

the aircraft.

(7) Except for holders of a flight instructor certificate--

(i) The fundamental principles of the teaching-learning process;

(ii) Teaching methods and procedures; and

(iii) The instructor-student relationship.

(d) The transition ground training for flight instructors must

include the approved methods, procedures, and limitations for

performing the required normal, abnormal, and emergency procedures

applicable to the type, class, or category aircraft to which the flight

instructor is in transition.

(e) The initial and transition flight training for flight

instructors (aircraft) must include the following--

(1) The safety measures for emergency situations that are likely to

develop during instruction;

(2) The potential results of improper or untimely safety measures

during instruction;

(3) Training and practice from the left and right pilot seats in

the required normal, abnormal, and emergency maneuvers to ensure

competence to conduct the flight instruction required by this part; and

(4) The safety measures to be taken from either the left or right

pilot seat for emergency situations that are likely to develop during

instruction.

(f) The requirements of paragraph (e) of this section may be

accomplished in full or in part in flight, in a flight simulator, or in

a flight training device, as appropriate.

(g) The initial and transition flight training for a flight

instructor (simulator) must include the following:

(1) Training and practice in the required normal, abnormal, and

emergency procedures to ensure competence to conduct the flight

instruction required by this part. These maneuvers and procedures must

be accomplished in full or in part in a flight simulator or in a flight

training device.

(2) Training in the operation of flight simulators, flight training

devices, or both, to ensure competence to conduct the flight

instruction required by this part.

Issued in Washington, D.C., on May 30, 1996.

David R. Hinson,

Administrator.

[FR Doc. 96-14084 Filed 6-14-96; 8:45 am]

BILLING CODE 4910-13-M