Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules; Clarifying Amendments and Other Editorial Changes

SUMMARY: This amendment makes minor revisions to clarify regulations

regarding the certification, training, and experience requirements for

pilots, flight instructors, and ground instructors, and the

certification requirements for pilot schools approved by the FAA.

EFFECTIVE DATE: This rule is effective May 26, 1998.

FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-

840, General Aviation and Commercial Division, Flight Standards

Service, FAA, 800 Independence Avenue SW., Washington, DC 20591;

telephone (202) 267-3844.

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 Rulemaking,

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

calling (202) 267-9680. Communications must identify the amendment

number or docket number of this final rule.

Using a modem and suitable communications software, an electronic

copy of this document may be downloaded from the FAA regulations

section of the FedWorld electronic bulletin board service (telephone:

(703) 321-3339) or the Federal Register's electronic bulletin board

service (telephone: (202) 512-1661).

Internet users may reach the FAA's web page at http://www.faa.gov,

or the Federal Register's web page at http://www.access.gpo.gov/

su__docs for access to recently published rulemaking documents.

Small Business Inquiries

The Small Business Regulatory Enforcement Fairness Act of 1996

(SBREFA) requires the FAA to report inquiries from small entities

concerning information on, and advice about, compliance with statutes

and regulations within the FAA's jurisdiction, including interpretation

and application of the law to specific sets of facts supplied by a

small entity.

If you are a small entity and have a question, contact your local

FAA official. If you do not know how to contact your local FAA

official, you may contact Charlene Brown, Program Analyst Staff, Office

of Rulemaking, ARM-27, Federal Aviation Administration, 800

Independence Avenue SW., Washington, DC 20591, 1-888-551-1594. Internet

users can find additional information on SBREFA in the ``Quick Jump''

section of the FAA's web page at http://www.faa.gov and may send

electronic inquiries to the following Internet address: 9-AWA-

[email protected]

Background

On April 4, 1997, the FAA published a final rule titled ``Pilot,

Flight Instructor, Ground Instructor, and Pilot School Certification

Rules'' (62 FR 16220). That final rule, which became effective on

August 4, 1997, amended the certification, training, and experience

requirements for pilots, flight instructors, and ground instructors,

and the certification requirements for pilot schools approved by the

FAA. The FAA published corrections to that final rule on July 30, 1997

(62 FR 40888). This amendment makes minor revisions to clarify certain

provisions in that final rule. In addition, this amendment includes

provisions that were inadvertently omitted from the final rule.

Discussion of Amendment

Terminology

To provide for consistency throughout parts 61 and 141, the phrases

``performing the functions of pilot in command (PIC)'' and ``performing

the functions and duties of PIC'' have been replaced with the phrase

``performing the duties of PIC.'' It was not the intent of the FAA to

distinguish between the words ``functions'' and ``duties'' and this

revision has been made to avoid any ambiguity concerning the meaning of

these terms. This revision is not discussed in the following section-

by-section analysis.

Part 61

Section 61.2 Certification of foreign pilots, flight instructors,

and ground instructors. As adopted in the final rule, Sec. 61.2

provides that, except under certain conditions, a person who is not a

citizen or resident alien of the United States may not be issued an

airman certificate unless that person passes the appropriate knowledge

or practical test in the United States. The FAA did not previously

require a person who is not a citizen or resident alien of the United

States to take the knowledge test in the United States; that

requirement was inadvertently included in the provisions of Sec. 61.2.

Therefore, the references to the knowledge test have been removed from

Sec. 61.2. However, the FAA notes that a person who is not a citizen or

resident alien of the United States must take a knowledge test for a

certificate or rating when otherwise required in part 61, although the

test may be taken outside the United States.

Section 61.31 Type rating requirements, additional training, and

authorization requirements. The FAA has revised the heading for

Sec. 61.31(h) to read ``Additional aircraft type-specific training''

rather than ``Additional training required by the aircraft's type

certificate.'' This new heading more accurately reflects the content of

Sec. 61.31(h), which requires additional training and an endorsement

from an authorized instructor before a person may serve as PIC of an

aircraft that the Administrator has determined requires additional

type-specific training. The introductory text of Sec. 61.31(i)(1) also

has been revised to correct a typographical error.

Section 61.35 Knowledge test: Prerequisites and passing grades.

Section 61.35(a)(1) requires that an applicant for a knowledge test

receive an endorsement from an authorized instructor certifying that

the applicant has accomplished a ground-training or home-study course

for the certificate or rating sought and is prepared for the knowledge

test. The FAA notes that not all applicants for a certificate or rating

are required to have such an endorsement before taking a knowledge

test. Sections 61.153 and 61.165 do not require an applicant for an

airline transport pilot (ATP) certificate or an additional aircraft

category or class rating on an ATP certificate to have such an

endorsement. In addition, an applicant for a ground instructor

certificate or rating under Sec. 61.213 need not obtain an endorsement

from an authorized instructor before taking the knowledge test.

Therefore, Sec. 61.35 has been revised to require an endorsement only

if otherwise required in part 61.

Section 61.39 Prerequisites for practical tests. Section 61.39 has

been revised to reflect that not all applicants for a practical test

are required to have an endorsement from an authorized instructor to be

eligible to take the

[[Page 20283]]

practical test. Sections 61.153 and 61.165 do not require an applicant

for an ATP certificate or an additional aircraft category or class

rating on an ATP certificate to have such an endorsement. Therefore,

Sec. 61.39(a)(6) has been revised accordingly.

Section 61.45 Practical tests: Required aircraft and equipment. In

the correction to the final rule, the FAA added the language ``Unless

otherwise authorized by the Administrator'' to the introductory

paragraph of Sec. 61.45(b). This language was added to permit an

applicant to obtain authorization from the Administrator to take the

practical test in an aircraft whose operating characteristics preclude

a pilot from demonstrating all of the maneuvers required to be

performed during the practical test. For example, the Cessna (C) 336

and 337 series airplanes do not have a published minimum control speed

with critical engine inoperative(VMC) and thus an applicant

for an airplane multiengine rating would not be able to perform the

VMC demonstration task if a C-336/337 series airplane is

used to take the practical test. As noted in the correction to the

final rule, a similar provision was included in Sec. 61.13(c) before

the adoption of the final rule but was inadvertently omitted when the

provisions of that paragraph were incorporated into Sec. 61.45(b).

Upon further review, the FAA has determined that instead of relying

on the phrase ``Unless otherwise authorized by the Administrator,''

Sec. 61.45(b) should be revised to explicitly provide for the use of

such aircraft. Therefore, Sec. 61.45(b) has been revised to provide

that an applicant for a certificate or rating may use an aircraft whose

operating characteristics preclude the applicant from performing all of

the tasks required for the practical test. The FAA notes that before

the adoption of the final rule, Sec. 61.13(c) also provided for the

placement of a limitation on an applicant's certificate or rating if

such an aircraft is used by an applicant. This provision was

inadvertently omitted from the previous correction of Sec. 61.45(b).

Therefore, Sec. 61.45(b) now provides that the applicant's certificate

or rating will be issued with an appropriate limitation if an aircraft

whose operating characteristics preclude demonstration of all the tasks

required for a practical test.

Section 61.51 Pilot logbooks. Section 61.51(e)(1)(i) allows a

recreational, private, or commercial pilot to log PIC time for that

flight time during which the pilot is the sole manipulator of the

controls of an aircraft for which the pilot is rated. However, this

provision does not permit those pilots to log PIC time if the pilot is

the sole occupant of an aircraft but is not rated in that aircraft. For

example, a commercial pilot with a single-engine rating who is training

for a multiengine rating is not currently permitted to log PIC time for

that flight time during which the pilot is the sole occupant of a

multiengine aircraft. The provision to allow a recreational, private,

or commercial pilot to log PIC time for that flight time during which

the pilot is the sole occupant of the aircraft, which was included in

Sec. 61.51 before the adoption of the final rule, was inadvertently

omitted from the final rule language. This was not the intent of the

FAA. Therefore, the FAA has revised Sec. 61.51(e)(1) to permit a

recreational, private, or commercial pilot to log PIC time for that

flight time during which the pilot is the sole occupant of the

aircraft.

Section 61.56 Flight review. Section 61.56 provides that a person

may act as PIC of an aircraft only if that person has accomplished a

biennial flight review (BFR). Because Sec. 61.51 now permits student

pilots, under certain circumstances, to log PIC flight time, there has

been some concern as to whether the BFR requirement applies to student

pilots. Before the adoption of the final rule, a student pilot was

required to log solo flight time, rather than PIC flight time, when

that student pilot was the sole occupant of the aircraft or when that

student pilot was acting as PIC of an airship requiring more than one

flight crewmember. To avoid confusion, the FAA has revised Sec. 61.56

to except a student pilot from the BFR requirement if that student

pilot is undergoing training for a certificate and has a current solo

flight endorsement as required under Sec. 61.87 of this part.

Section 61.63 Additional aircraft ratings (other than on an

airline transport pilot certificate). In the corrections to the final

rule, the FAA revised Sec. 61.63(d)(5) to require that the practical

test for an additional type rating (other than on an ATP certificate)

be performed in actual or simulated instrument conditions rather than

under instrument flight rules (IFR). Section 61.63(d)(5) provides that

if the practical test is not performed under those conditions because

under the aircraft's type certificate the aircraft is incapable of

operating under IFR, the type rating is issued with a ``VFR only''

limitation. That paragraph provides for lifting the limitation for that

aircraft type if the person subsequently passes the practical test

``under IFR.'' The FAA has determined that this later provision should

be revised in a manner consistent with the previous correction to

provide that the ``VFR only'' limitation be lifted for that aircraft

type after the person passes the practical test ``in actual or

simulated instrument conditions.''

In addition, Sec. 61.63(f)(10) has been revised to clarify that an

applicant for an additional rating in a helicopter who meets only the

requirements of Sec. 61.63(f)(9)(ii) will be issued the additional

rating with a limitation. The previous rule language referenced

Sec. 61.63(f)(9), rather than Sec. 61.63(f)(9)(ii), which was

incorrect. Similarly, Sec. 61.63(g)(10) has been revised to reference

Sec. 61.63(g)(9)(ii), rather than Sec. 61.63(g)(9).

Section 61.109 Aeronautical experience. Section 61.109(f) has been

revised to clarify when the aeronautical experience requirements for

obtaining a private pilot certificate with a glider category rating

must be accomplished with an authorized instructor and when those

requirements must be accomplished in solo flight. To obtain a private

pilot certificate with a glider category rating, Sec. 61.109(f)

requires an applicant to accomplish three training flights in a glider.

Unlike the term ``flight training,'' which is defined in

Sec. 61.1(b)(6) as training, other than ground training, received from

an authorized instructor in flight in an aircraft, the term ``training

flight'' is not defined. Therefore, the FAA has added the phrase ``with

an authorized instructor'' to clarify when training flights are to be

accomplished with an authorized instructor.

In addition, the FAA has revised Sec. 61.109(f)(1) to clarify that

the 20 flights and 2 hours of solo flight time in a glider that are

required by paragraphs (f)(1)(i) and (f)(1)(ii) may be used to meet the

10 hours of flight time specified in the introductory language of

paragraph (f)(1). In addition, the three training flights with an

authorized instructor required in paragraph (f)(1)(i) may be used to

meet the 20 flights also required in that paragraph.

The introductory paragraph of Sec. 61.109(f)(2) also has been

revised to clarify that the 10 solo flights and 3 training flights with

an authorized instructor in a glider required by paragraphs (f)(2)(i)

and (f)(2)(ii) may be used to meet the 3 hours of flight time specified

in the introductory language of paragraph (f)(2).

Section 61.109(g)(2) has been revised to clarify the type of

instrument training required for a private pilot certificate with an

airship rating. As noted in the correction to the final rule, the

[[Page 20284]]

instrument training for a private pilot certificate requires training

only on basic maneuvers such as straight and level flight, constant

airspeed climbs and descents, turns to a heading, and recovery from

unusual flight attitudes, and need not be provided by an instructor who

holds an instrument rating on his or her flight instructor certificate.

In addition, there are no regulations that provide for an airship

category rating with an instrument rating on a pilot or flight

instructor certificate. Therefore, to avoid any possible confusion, the

rule language has been revised to specify the required instrument

maneuvers.

The FAA also has revised Sec. 61.109(g)(4) to require that an

applicant for a private pilot certificate with an airship rating must

accomplish 5 hours performing the duties of PIC in an airship with an

authorized instructor. In the final rule, this provision required an

applicant to log 5 hours of solo flight time with an authorized

instructor. However, solo flight time cannot be accomplished with an

authorized instructor on board the aircraft; therefore, the provision

should have stated that the applicant is required to perform the duties

of PIC.

For reasons similar to those previously discussed in the preamble

to Sec. 61.109(f), the FAA has revised Sec. 61.109(h) to clarify that

an applicant for a private pilot certificate with a balloon class

rating must accomplish with an authorized instructor the ``training

flights'' and the flight performing the duties of PIC required in that

paragraph. The FAA notes that the authorized instructor in that case

would be a commercial pilot with a balloon class rating.

Section 61.129 Aeronautical experience. In Notice No. 95-11,

proposed Sec. 61.129(b)(4) would have required an applicant to

accomplish solo flight time in a multiengine airplane. During the

rulemaking process, the FAA determined that the accomplishment of solo

flight time in a multiengine airplane may be impracticable because of

liability and insurance concerns. Therefore, in the final rule, the FAA

replaced the requirement that an applicant accomplish solo flight time

in a multiengine airplane with the requirement that the flight time

required under Sec. 61.129(b)(4) be acquired while performing the

duties of PIC in a multiengine airplane with an authorized instructor.

However, in revising this requirement, the FAA did not consider the

applicant who holds a private pilot certificate with a multiengine

rating and, therefore, may already have solo flight time in a

multiengine aircraft or may be able to accomplish solo flight time

without the cost of acquiring the required flight time with an

authorized instructor. Therefore, the FAA has revised Sec. 61.129(b)(4)

to require an applicant to accomplish 10 hours of solo flight in a

multiengine airplane or 10 hours of flight time performing the duties

of PIC in a multiengine airplane with an authorized instructor.

In addition, the FAA has revised Sec. 61.129(b)(4) to permit an

applicant for a commercial pilot certificate with a multiengine rating

to credit the 10 hours of flight time performing the duties of PIC in a

multiengine airplane required by that paragraph toward the 100 hours of

PIC flight time required under Sec. 61.129(b)(2). This revision is

consistent with the provisions of Sec. 61.129(b) as proposed in Notice

No. 95-11. As previously noted, proposed Sec. 61.129(b)(4) would have

required an applicant to accomplish solo flight time in a multiengine

airplane. The solo flight time would have constituted PIC flight time;

therefore, the applicant would have been able to credit that flight

time toward the requirements of Sec. 61.129(b)(2). However, under

Sec. 61.129(b)(4) as adopted in the final rule, an applicant would be

performing the duties of PIC rather than acting as PIC. Consequently,

that flight time does not constitute PIC flight time. Therefore, the

FAA has revised Sec. 61.129(b)(4) to permit the crediting of flight

time accomplished under that paragraph toward the requirements of

Sec. 61.129(b)(2). However, this revision does not permit an applicant

to log the flight time required under Sec. 61.129(b)(4) as PIC flight

time under Sec. 61.51(e) unless the applicant holds a private pilot

certificate with a multiengine rating and chooses to accomplish the

requirements with an authorized instructor.

The FAA notes that if an applicant meets the requirements of

Sec. 61.129(b)(4) by logging 10 hours of solo flight time in a

multiengine airplane (as permitted in this final rule), that time would

constitute PIC flight time. Therefore, the applicant may count that

flight time toward the requirements of Sec. 61.129(b)(2) and log it as

PIC time under Sec. 61.51(e).

Finally, for the reasons previously discussed in the preamble to

Sec. 61.109, the FAA has added the phrase ``with an authorized

instructor'' to Sec. 61.129(f) to clarify that training flights in a

glider are to be accomplished with an authorized instructor. In

addition, the introductory text of Sec. 61.129(f)(1) has been revised

to clarify that the 100 flights required by paragraph (f)(1) may be

used to meet 25 hours of flight time as a pilot in a glider also

specified in that paragraph. Section 61.129(h) also has been revised to

clarify that an applicant for a commercial pilot certificate with a

balloon class rating must accomplish with an authorized instructor (a

commercial pilot with a balloon class rating) the ``training flights''

and flight performing the duties of PIC required by that paragraph.

Section 61.157 Flight proficiency. For the reasons discussed in

the preamble to Sec. 61.63, the FAA has revised Sec. 61.157(b)(3),

which provides for the addition of an aircraft type rating to an ATP

certificate, to permit the lifting of the ``VFR only'' limitation once

the person passes the practical test in actual or simulated instrument

conditions rather than under IFR.

In addition, the FAA has removed the requirement in

Sec. 61.157(f)(2) that proficiency and competency checks used to

satisfy the requirements of Sec. 61.157 include all maneuvers and

procedures required for the issuance of a type rating. That requirement

was inconsistent with the waiver provision of Sec. 61.157(j) and the

requirements of appendix F to part 121. Section 61.157(f)(2) also has

been revised to clarify that those checks must be conducted by an

authorized designated pilot examiner or FAA aviation safety inspector.

The previous rule language stated that the checks had to be evaluated

by a ``designated examiner or FAA inspector.''

The introductory language of paragraphs (g), (h), and (i) of

Sec. 61.157 has been revised to clarify that the requirements of those

paragraphs must be met only if a flight simulator or flight training

device is used to meet ``all,'' rather than ``any,'' of the training

requirements and the practical test for an airline transport pilot

certificate with the applicable category, class, and type rating. The

word ``all'' was inadvertently changed to the word ``any'' during the

rulemaking process when the previous provisions of Secs. 61.158(d)(3)

and 61.163 were incorporated into Sec. 61.157(g).

Finally, the FAA has revised Sec. 61.157(g)(8) to reference

Sec. 61.157(g)(7)(ii) rather than Sec. 61.157(g)(7). Therefore,

Sec. 61.157(g)(8) provides that an applicant meeting only the

requirements of paragraph (g)(7)(ii) of that section be issued an

additional rating or an ATP certificate with an additional rating, as

applicable, with a limitation. Similarly, paragraphs (h)(8) and (i)(8)

have been revised to reference Secs. 61.157(h)(7)(ii) and

61.157(i)(7)(ii), respectively, rather than Secs. 61.157(h)(7) and

61.157(i)(7).

[[Page 20285]]

Section 61.197 Renewal of flight instructor certificates. Section

61.197(a) permits a person to renew a current flight instructor

certificate by passing a practical test or by presenting certain

documentation to a FAA Flight Standards Inspector. A person may renew a

current flight instructor certificate at any time with one exception.

As adopted in the final rule, a person may renew a current flight

instructor certificate through presentation of a graduation certificate

from an approved flight instructor refresher course (FIRC) only if the

FIRC was completed within the 90 days preceding the expiration of the

current flight instructor certificate.

The FAA has revised paragraph (a)(2)(iii) to permit the renewal of

a current flight instructor certificate at any time by presenting a

graduation certificate demonstrating that the applicant has

successfully completed an approved FIRC. The FAA notes, however, that

if a flight instructor renews his or her flight instructor certificate

more than 3 calendar months before the expiration of that certificate

by presenting a graduation certificate from an FIRC, that course must

have been completed within the 3 calendar months preceding the date of

presentation of the graduation certificate to the Flight Standards

Inspector. The FAA has replaced the ``90 day'' language with the phrase

``3 calendar months'' throughout Sec. 61.197 to facilitate the

calculation of the relevant time periods. Section 61.197(b)(2) will

provide that if renewal is sought within the 3 calendar months

preceding the expiration month of the current flight instructor

certificate through the presentation of an FIRC graduation certificate,

the FIRC must have been completed within the 3 calendar months

preceding the expiration month of the certificate.

In addition to the correction discussed above, the FAA has made

other minor revisions to Sec. 61.197 to clarify the provisions of that

section. The following discussion is provided to explain the provisions

of Sec. 61.197 as adopted in this final rule.

Paragraph (a)(1)(i) has been revised to state that a person may

renew a current flight instructor certificate by passing a practical

test ``for one of the ratings listed on the current flight instructor

certificate.'' For example, if a flight instructor holds a current

flight instructor certificate with single-engine airplane and

multiengine airplane ratings, that instructor would be required to pass

a practical test for only one of those ratings to be issued a new

flight instructor certificate with both ratings. The previous language,

which required the applicant to take a practical test ``for renewal of

the flight instructor certificate,'' may have given the impression that

an applicant had to take a practical test for each of the ratings

listed on the applicant's flight instructor certificate. This has never

been the policy of the FAA and it was not the intention of the FAA to

impose such a requirement when the final rule language was adopted.

Paragraph (a)(2)(ii) permits a person to renew their flight

instructor certificate without accomplishing a practical test by

presenting to an authorized FAA Flight Standards Inspector a record

that shows that within the preceding 24 calendar months the flight

instructor has served in a position involving the regular evaluation of

pilots. The FAA offers the following examples of ``a position involving

the regular evaluation of pilots.'' A person who regularly determines

whether pilots may use a fixed base operator's aircraft may be in a

position involving the regular evaluation of pilots. A captain for a

certificate holder operating under part 121 or part 135 may be in a

position involving the regular evaluation of pilots. These individuals

may renew their flight instructor's certificate under paragraph

(a)(2)(ii) if the authorized FAA Flight Standards Inspector is

acquainted with the duties and responsibilities of the applicant's

position and the applicant has satisfactory knowledge of current pilot

training, certification, and standards.

Paragraph (b)(1) has been revised to state the general rule that a

current flight instructor certificate will be renewed for an additional

24 months from the month the person accomplishes any of the renewal

requirements of paragraph (a). This provision allows a flight

instructor to renew his or her flight instructor certificate at any

time. The FAA notes that if renewal is accomplished through the

presentation of a graduation certificate from an FIRC under paragraph

(a)(2)(iii), the new expiration date will be calculated from the date

the graduation certificate is presented to the Flight Standards

Inspector rather than the date the FIRC is completed.

Paragraph (b)(2) allows a person who accomplishes any of the

renewal requirements of paragraph (a) in the 3 calendar months

preceding the expiration month of the person's current flight

instructor certificate to renew their certificate for an additional 24

months from the month of expiration of the current flight instructor

certificate. However, as previously noted, if renewal is accomplished

under paragraph (b)(2) through the presentation of a graduation

certificate from an FIRC, that course must have been completed within

the 3 calendar months preceding the expiration month of the current

flight instructor certificate. For example, if a person whose current

flight instructor certificate expires on May 31, 1998, seeks to renew

his or her certificate through presentation of a graduation certificate

from an FIRC and obtain a new expiration date of May 31, 2000, that

person must complete the FIRC and present the graduation certificate to

the Flight Standards Inspector on or after February 1, 1998. The 3-

calendar-month window is computed from the first day of the expiration

month rather than the last day of the expiration month of the current

flight instructor certificate. Therefore, if a person's flight

instructor certificate expires on May 31, 1998, the 3-calendar-month

window is computed from May 1, 1998.

Section 61.199 Expired flight instructor certificates and ratings.

The FAA has revised Sec. 61.199 to clarify that a flight instructor who

holds an expired flight instructor certificate may exchange that

certificate for a new flight instructor certificate with the same

ratings by passing a practical test as required in Sec. 61.183(h) for

only one of the ratings listed on the expired certificate. Section

61.199 previously did not require a flight instructor who held an

expired flight instructor certificate to pass a practical test for each

rating listed on that certificate and the FAA did not intend to impose

such a requirement when it revised that section.

Part 141

Section 141.35 Chief instructor qualifications. The FAA has

revised Sec. 141.35 to require that a chief instructor for a course of

training leading to the issuance of a recreational pilot certificate

meet the requirements of Sec. 141.35(b). This provision was

inadvertently omitted from the final rule. Without this revision, those

chief instructors would be required to meet the more demanding

requirements of Sec. 141.35(d).

Section 141.36 Assistant chief instructor qualifications. Section

141.36 has been revised to require that assistant chief instructors for

a course leading to the issuance of a recreational pilot certificate

meet the requirements of Sec. 141.36(b), rather than the more demanding

requirements of Sec. 141.36(d).

Appendix B to Part 141--Private Pilot Certification Course and

Appendix D to Part 141--Commercial Pilot

[[Page 20286]]

Certification Course. For the reasons previously discussed in the

preamble to Secs. 61.109 and 61.129, paragraph 4(b)(6) of appendix B to

part 141 and paragraph 4(b)(6) of appendix D to part 141 have been

revised to include the phrase ``with a certificated flight instructor''

when requiring an applicant to accomplish training flights in a glider.

In addition, paragraph 4(b)(8) of appendix B has been revised to

clarify that the five flights an applicant for a private pilot

certificate with a balloon class rating must accomplish are ``training

flights.'' The word ``training'' was inadvertently omitted from the

final rule.

Good Cause Justification for Immediate Adoption

This amendment makes minor revisions to clarify the language in

parts 61 and 141 and includes certain provisions omitted from a

previous rulemaking action. In addition, the amendment would impose no

additional burden on the public. Therefore, the FAA finds that notice

and opportunity for public comment before adopting this amendment are

unnecessary.

Regulatory Evaluation

The FAA has determined that this regulation imposes no additional

burden on any person. Accordingly, it has been determined that the

action (1) is not significant under Executive Order 12866 and (2) is

not a significant rule under Department of Transportation Order 2100.5,

Policies and Procedures for Simplification, Analysis, and Review of

Regulations. No cost impact is expected to result from this amendment

and, therefore, a full regulatory evaluation is not required. In

addition, the FAA certifies that the 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.

List of Subjects

14 CFR Part 61

Aircraft, Airmen, Aviation safety, Reporting and recordkeeping

requirements.

14 CFR Part 141

Airmen, Aviation safety, Educational facilities, Reporting and

recordkeeping requirements, Schools.

The Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends parts 61 and 141 of Title 14, Code of Federal

Regulations (14 CFR part 61 and part 141) as follows:

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

INSTRUCTORS

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

Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-

44711, 45102-45103, 45301-45302.

2. Section 61.2 is amended by revising paragraph (a) and the

introductory text of paragraph (b) to read as follows:

Sec. 61.2 Certification of foreign pilots, flight instructors, and

ground instructors.

(a) Except as provided for in paragraph (b) of this section, an

airman certificate issued under this part (other than under Sec. 61.75)

may not be issued to a person who is not a citizen of the United States

or a resident alien of the United States unless that person passes the

appropriate practical test within the United States.

(b) A person who is not a citizen of the United States or a

resident alien of the United States may be issued an airman

certificate, and the practical test for that certificate may be

administered outside the United States when--

* * * * *

3. Section 61.31 is amended by revising the paragraph (h) heading

and the introductory text of paragraph (i)(1) to read as follows:

Sec. 61.31 Type rating requirements, additional training, and

authorization requirements.

* * * * *

(h) Additional aircraft type-specific training. * * *

* * * * *

(i) Additional training required for operating tailwheel airplanes.

(1) Except as provided in paragraph (i)(2) of this section, no person

may act as pilot in command of a tailwheel airplane unless that person

has received and logged flight training from an authorized instructor

in a tailwheel airplane and received an endorsement in the person's

logbook from an authorized instructor who found the person proficient

in the operation of a tailwheel airplane. The flight training must

include at least the following maneuvers and procedures:

* * * * *

4. Section 61.35 is amended by revising paragraph (a)(1) to read as

follows:

Sec. 61.35 Knowledge test: Prerequisites and passing grades.

(a) * * *

(1) Received an endorsement, if required by this part, from an

authorized instructor certifying that the applicant accomplished the

appropriate ground-training or a home-study course required by this

part for the certificate or rating sought and is prepared for the

knowledge test; and

* * * * *

5. Section 61.39 is amended by revising the introductory text of

paragraph (a)(6) to read as follows:

Sec. 61.39 Prerequisites for practical tests.

(a) * * *

(6) Have an endorsement, if required by this part, in the

applicant's logbook or training record that has been signed by an

authorized instructor who certifies that the applicant--

* * * * *

6. Section 61.45 is amended by revising paragraph (b) to read as

follows:

Sec. 61.45 Practical tests: Required aircraft and equipment.

* * * * *

(b) Required equipment (other than controls). (1) Except as

provided in paragraph (b)(2) of this section, an aircraft used for a

practical test must have--

(i) The equipment for each area of operation required for the

practical test;

(ii) No prescribed operating limitations that prohibit its use in

any of the areas of operation required for the practical test;

(iii) Except as provided in paragraph (e) of this section, at least

two pilot stations with adequate visibility for each person to operate

the aircraft safely; and

(iv) Cockpit and outside visibility adequate to evaluate the

performance of the applicant when an additional jump seat is provided

for the examiner.

(2) An applicant for a certificate or rating may use an aircraft

with operating characteristics that preclude the applicant from

performing all of the tasks required for the practical test. However,

the applicant's certificate or rating, as appropriate, will be issued

with an appropriate limitation.

* * * * *

7. Section 61.51 is amended by revising paragraphs (d) and

(e)(1)(i), (ii) and (e)(4)(i) and by adding paragraph (e)(1)(iii) to

read as follows:

Sec. 61.51 Pilot logbooks.

* * * * *

(d) Logging of solo flight time. Except for a student pilot

performing the duties of pilot in command of an airship requiring more

than one pilot flight crewmember, a pilot may log as solo flight time

only that flight time when the pilot is the sole occupant of the

aircraft.

(e) * * *

(1) * * *

[[Page 20287]]

(i) Is the sole manipulator of the controls of an aircraft for

which the pilot is rated;

(ii) Is the sole occupant of the aircraft; or

(iii) Except for a recreational pilot, is acting as pilot in

command of an aircraft on which more than one pilot is required under

the type certification of the aircraft or the regulations under which

the flight is conducted.

* * * * *

(4) * * *

(i) Is the sole occupant of the aircraft or is performing the

duties of pilot of command of an airship requiring more than one pilot

flight crewmember;

* * * * *

8. Section 61.56 is amended by revising the introductory text of

paragraph (c), redesignating paragraph (g) as paragraph (h),

redesignating paragraph (h) as paragraph (i) and revising it, and

adding paragraph (g) to read as follows:

Sec. 61.56 Flight review.

* * * * *

(c) Except as provided in paragraphs (d), (e), and (g) of this

section, no person may act as pilot in command of an aircraft unless,

since the beginning of the 24th calendar month before the month in

which that pilot acts as pilot in command, that person has--

* * * * *

(g) A student pilot need not accomplish the flight review required

by this section provided the student pilot is undergoing training for a

certificate and has a current solo flight endorsement as required under

Sec. 61.87 of this part.

* * * * *

(i) A flight simulator or flight training device may be used to

meet the flight review requirements of this section subject to the

following conditions:

(1) The flight simulator or flight training device must be used in

accordance with an approved course conducted by a training center

certificated under part 142 of this chapter.

(2) Unless the flight review is undertaken in a flight simulator

that is approved for landings, the applicant must meet the takeoff and

landing requirements of Sec. 61.57(a) or Sec. 61.57(b) of this part.

(3) The flight simulator or flight training device used must

represent an aircraft or set of aircraft for which the pilot is rated.

9. Section 61.63 is amended by revising paragraphs (d)(5), (f)(10),

and (g)(10) to read as follows:

Sec. 61.63 Additional aircraft ratings (other than on an airline

transport pilot certificate).

* * * * *

(d) * * *

(5) Must perform the practical test in actual or simulated

instrument conditions, unless the aircraft's type certificate makes the

aircraft incapable of operating under instrument flight rules. If the

practical test cannot be accomplished for this reason, the person may

obtain a type rating limited to ``VFR only.'' The ``VFR only''

limitation may be removed for that aircraft type when the person passes

the practical test in actual or simulated instrument conditions. When

an instrument rating is issued to a person who holds one or more type

ratings, the type ratings on the amended pilot certificate shall bear

the ``VFR only'' limitation for each aircraft type rating for which the

person has not demonstrated instrument competency;

* * * * *

(f) * * *

(10) A applicant meeting only the requirements of paragraph

(f)(9)(ii) of this section will be issued an additional rating with a

limitation.

* * * * *

(g) * * *

(10) An applicant meeting only the requirements of paragraph

(g)(9)(ii) of this section will be issued an additional rating with a

limitation.

* * * * *

10. Section 61.87 is amended by revising paragraph (a) to read as

follows:

Sec. 61.87 Solo requirements for student pilots.

(a) General. A student pilot may not operate an aircraft in solo

flight unless that student has met the requirements of this section.

The term ``solo flight'' as used in this subpart means that flight time

during which a student pilot is the sole occupant of the aircraft or

that flight time during which the student performs the duties of a

pilot in command of a gas balloon or an airship requiring more than one

pilot flight crewmember.

* * * * *

11. Section 61.109 is amended by revising paragraphs (f), (g)(2),

(g)(4), the introductory text of paragraph (h) and paragraphs (h)(1)(i)

and (ii) to read as follows:

Sec. 61.109 Aeronautical experience.

* * * * *

(f) For a glider category rating. (1) If the applicant for a

private pilot certificate with a glider category rating has not logged

at least 40 hours of flight time as a pilot in a heavier-than-air

aircraft, the applicant must log at least 10 hours of flight time in a

glider in the areas of operation listed in Sec. 61.107(b)(6) of this

part, and that flight time must include at least--

(i) 20 flights in a glider in the areas of operations listed in

Sec. 61.107(b)(6) of this part, including at least 3 training flights

in a glider with an authorized instructor in preparation for the

practical test that must have been performed within the 60-day period

preceding the date of the test; and

(ii) 2 hours of solo flight time in a glider in the areas of

operation listed in Sec. 61.107(b)(6) of this part, with not less than

10 launches and landings being performed.

(2) If the applicant has logged at least 40 hours of flight time in

a heavier-than-air aircraft, the applicant must log at least 3 hours of

flight time in a glider in the areas of operation listed in

Sec. 61.107(b)(6) of this part, and that flight time must include at

least--

(i) 10 solo flights in a glider in the areas of operation listed in

Sec. 61.107(b)(6) of this part; and

(ii) 3 training flights in a glider with an authorized instructor

in preparation for the practical test that must have been performed

within the 60-day period preceding the date of the test.

(g) * * *

(2) 3 hours of flight training in an airship on the control and

maneuvering of an airship solely by reference to instruments, including

straight and level flight, constant airspeed climbs and descents, turns

to a heading, recovery from unusual flight attitudes, radio

communications, and the use of navigation systems/facilities and radar

services appropriate to instrument flight;

* * * * *

(4) 5 hours performing the duties of pilot in command in an airship

with an authorized instructor.

(h) For a balloon rating. A person who applies for a private pilot

certificate with a lighter-than-air category and balloon class rating

must log at least 10 hours of flight training that includes at least

six training flights with an authorized instructor in the areas of

operation listed in Sec. 61.107(b)(8) of this part, that includes--

(1) * * *

(i) At least one training flight with an authorized instructor

within 60 days prior to application for the rating on the areas of

operation for a gas balloon;

(ii) At least one flight performing the duties of pilot in command

in a gas balloon with an authorized instructor; and

* * * * *

[[Page 20288]]

12. Section 61.129 is amended by revising paragraphs (b)(4)

introductory text, (f), (g)(5) introductory text, and (h)(4)

introductory text, (h)(4)(i)(A), (B), and (h)(4)(ii)(A) to read as

follows:

Sec. 61.129 Aeronautical experience.

* * * * *

(b) * * *

(4) 10 hours of solo flight time in a multiengine airplane or 10

hours of flight time performing the duties of pilot in command in a

multiengine airplane with an authorized instructor (either of which may

be credited towards the flight time requirement in paragraph (b)(2) of

this section), on the areas of operation listed in Sec. 61.127(b)(2) of

this part that includes at least--

* * * * *

(f) For a glider rating. A person who applies for a commercial

pilot certificate with a glider category rating must log at least--

(1) 25 hours of flight time as a pilot in a glider and that flight

time must include at least 100 flights in a glider as pilot in command,

including at least--

(i) 3 hours of flight training in a glider or 10 training flights

in a glider with an authorized instructor on the areas of operation

listed in Sec. 61.127(b)(6) of this part, including at least 3 training

flights in a glider with an authorized instructor in preparation for

the practical test within the 60-day period preceding the date of the

test; and

(ii) 2 hours of solo flight that include not less than 10 solo

flights in a glider on the areas of operation listed in

Sec. 61.127(b)(6) of this part; or

(2) 200 hours of flight time as a pilot in heavier-than-air

aircraft and at least 20 flights in a glider as pilot in command,

including at least--

(i) 3 hours of flight training in a glider or 10 training flights

in a glider with an authorized instructor on the areas of operation

listed in Sec. 61.127(b)(6) of this part including at least 3 training

flights in a glider with an authorized instructor in preparation for

the practical test within the 60-day period preceding the date of the

test; and

(ii) 5 solo flights in a glider on the areas of operation listed in

Sec. 61.127(b)(6) of this part.

(g) * * *

(5) 10 hours of flight training performing the duties of pilot in

command with an authorized instructor on the areas of operation listed

in Sec. 61.127(b)(7) of this part, which includes at least--

* * * * *

(h) * * *

(4) 10 hours of flight training that includes at least 10 training

flights with an authorized instructor in balloons on the areas of

operation listed in Sec. 61.127(b)(8) of this part, which consists of

at least--

(i) * * *

(A) 2 training flights of 2 hours each with an authorized

instructor in a gas balloon on the areas of operation appropriate to a

gas balloon within 60 days prior to application for the rating;

(B) 2 flights performing the duties of pilot in command in a gas

balloon with an authorized instructor on the appropriate areas of

operation; and

* * * * *

(ii) * * *

(A) 2 training flights of 1 hour each with an authorized instructor

in a balloon with an airborne heater on the areas of operation

appropriate to a balloon with an airborne heater within 60 days prior

to application for the rating;

* * * * *

13. Section 61.157 is amended by revising paragraphs (b)(3),

(f)(2), (g) introductory text, (g)(8), (h) introductory text, (i)

introductory text, and (i)(8) to read as follows:

Sec. 61.157 Flight proficiency.

* * * * *

(b) * * *

(3) Must perform the practical test in actual or simulated

instrument conditions, unless the aircraft's type certificate makes the

aircraft incapable of operating under instrument flight rules. If the

practical test cannot be accomplished for this reason, the person may

obtain a type rating limited to ``VFR only.'' The ``VFR only''

limitation may be removed for that aircraft type when the person passes

the practical test in actual or simulated instrument conditions.

* * * * *

(f) * * *

(2) The checks specified in paragraph (f)(1) of this section must

be conducted by an authorized designated pilot examiner or FAA aviation

safety inspector.

(g) Use of a flight simulator or flight training device for an

airplane rating. If a flight simulator or flight training device is

used for accomplishing all of the training and the required practical

test for an airplane transport pilot certificate with an airplane

category, class, and type rating, if applicable, the applicant, flight

simulator, and flight training device are subject to the following

requirements:

* * * * *

(8) An applicant meeting only the requirements of paragraph

(g)(7)(ii) of this section will be issued an additional rating or an

airline transport pilot certificate with an additional rating, as

applicable, with a limitation. The limitation shall state: ``This

certificate is subject to pilot-in-command limitations for the

additional rating.''

* * * * *

(h) Use of a flight simulator or flight training device for a

helicopter rating. If a flight simulator or flight training device is

used for accomplishing all of the training and the required practical

test for an airline transport pilot certificate with a helicopter class

rating and type rating, if applicable, the applicant, flight simulator,

and flight training device are subject to the following requirements:

* * * * *

(8) An applicant meeting only the requirements of paragraph

(h)(7)(ii) of this section will be issued an additional rating or an

airline transport pilot certificate with an additional rating, as

applicable, with a limitation. The limitation shall state: ``This

certificate is subject to pilot-in-command limitations for the

additional rating.''

* * * * *

(i) Use of a flight simulator or flight training device for a

powered-lift rating. If a flight simulator or flight training device is

used for accomplishing all of the training and the required practical

test for an airline transport pilot certificate with a powered-lift

category rating and type rating, if applicable, the applicant, flight

simulator, and flight training device are subject to the following

requirements:

* * * * *

(8) An applicant meeting only the requirements of paragraph

(i)(7)(ii) of this section will be issued an additional rating or an

airline transport pilot certificate with an additional rating, as

applicable, with a limitation. The limitation shall state: ``This

certificate is subject to pilot-in-command limitations for the

additional rating.''

* * * * *

14. Section 61.159 is amended by revising the introductory text of

paragraph (a)(4) to read as follows:

Sec. 61.159 Aeronautical experience: Airplane category rating.

(a) * * *

(4) 250 hours of flight time in an airplane as a pilot in command,

or as second in command performing the duties of pilot in command while

under the supervision of a pilot in command, or any combination

thereof, which includes at least--

* * * * *

[[Page 20289]]

15. Section 61.161 is amended by revising paragraphs (a)(3) and

(a)(4) to read as follows:

Sec. 61.161 Aeronautical experience: Rotorcraft category and

helicopter class rating.

(a) * * *

(3) 200 hours of flight time in helicopters, which includes at

least 75 hours as a pilot in command, or as second in command

performing the duties of a pilot in command under the supervision of a

pilot in command, or any combination thereof; and

(4) 75 hours of instrument flight time in actual or simulated

instrument meteorological conditions, of which at least 50 hours are

obtained in flight with at least 25 hours in helicopters as a pilot in

command, or as second in command performing the duties of a pilot in

command under the supervision of a pilot in command, or any combination

thereof.

* * * * *

16. Section 61.163 is amended by revising the introductory text of

paragraph (a)(3) to read as follows:

Sec. 61.163 Aeronautical experience: Powered-lift category rating.

(a) * * *

(3) 250 hours in a powered-lift as a pilot in command, or as a

second in command performing the duties of a pilot in command under the

supervision of a pilot in command, or any combination thereof, which

includes at least--

* * * * *

17. Section 61.197 is revised to read as follows:

Sec. 61.197 Renewal of flight instructor certificates.

(a) A person who holds a flight instructor certificate that has not

expired may renew that certificate by--

(1) Passing a practical test for--

(i) One of the ratings listed on the current flight instructor

certificate; or

(ii) An additional flight instructor rating; or

(2) Presenting to an authorized FAA Flight Standards Inspector--

(i) A record of training students showing that, during the

preceding 24 calendar months, the flight instructor has endorsed at

least five students for a practical test for a certificate or rating

and at least 80 percent of those students passed that test on the first

attempt;

(ii) A record showing that, within the preceding 24 calendar

months, the flight instructor has served as a company check pilot,

chief flight instructor, company check airman, or flight instructor in

a part 121 or part 135 operation, or in a position involving the

regular evaluation of pilots; or

(iii) A graduation certificate showing that, within the preceding 3

calendar months, the person has successfully completed an approved

flight instructor refresher course consisting of ground training or

flight training, or a combination of both.

(b) The expiration month of a renewed flight instructor certificate

shall be 24 calendar months from--

(1) The month the renewal requirements of paragraph (a) of this

section are accomplished; or

(2) The month of expiration of the current flight instructor

certificate provided--

(i) The renewal requirements of paragraph (a) of this section are

accomplished within the 3 calendar months preceding the expiration

month of the current flight instructor certificate, and

(ii) If the renewal is accomplished under paragraph (a)(2)(iii) of

this section, the approved flight instructor refresher course must be

completed within the 3 calendar months preceding the expiration month

of the current flight instructor certificate.

(c) The practical test required by paragraph (a)(1) of this section

may be accomplished in a flight simulator or flight training device if

the test is accomplished pursuant to an approved course conducted by a

training center certificated under part 142 of this chapter.

18. Section 61.199 is amended by revising paragraph (a) to read as

follows:

Sec. 61.199 Expired flight instructor certificates and ratings.

(a) Flight instructor certificates. The holder of an expired flight

instructor certificate may exchange that certificate for a new

certificate with the same ratings by passing a practical test as

prescribed in Sec. 61.183(h) of this part for one of the ratings listed

on the expired flight instructor certificate.

* * * * *

PART 141--PILOT SCHOOLS

19. The authority citation for part 141 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709,

44711, 45102-45103, 45301-45302.

20. Section 141.35 is amended by revising the introductory text of

paragraphs (b) and (d) to read as follows:

Sec. 141.35 Chief instructor qualifications.

* * * * *

(b) For a course of training leading to the issuance of a

recreational or private pilot certificate or rating, a chief instructor

must have:

* * * * *

(d) For a course of training other than one leading to the issuance

of a recreational or private pilot certificate or rating, or an

instrument rating or a rating with instrument privileges, a chief

instructor must have:

* * * * *

21. Section 141.36 is amended by revising the introductory text of

paragraphs (b) and (d) to read as follows:

Sec. 141.36 Assistant chief instructor qualifications.

* * * * *

(b) For a course of training leading to the issuance of a

recreational or private pilot certificate or rating, an assistant chief

instructor must have:

* * * * *

(d) For a course of training other than one leading to the issuance

of a recreational or private pilot certificate or rating, or an

instrument rating or a rating with instrument privileges, an assistant

chief instructor must have:

* * * * *

22. Appendix B to part 141 is amended by revising paragraphs (b)(6)

(i) and (ii) and the introductory text of paragraph (b)(8) of section

No. 4 and paragraphs (b) introductory text, (g), and (h) of section No.

5 to read as follows:

Appendix B to Part 141--Private Pilot Certification Course

* * * * *

4. * * *

(b) * * *

(6) * * *

(i) Five training flights in a glider with a certificated flight

instructor on the launch/tow procedures approved for the course and

on the appropriate approved areas of operation listed in paragraph

(d)(6) of this section; and

(ii) Three training flights in a glider with a certificated

flight instructor in preparation for the practical test within 60

days preceding the date of the test.

* * * * *

(8) For a lighter-than-air balloon course: 8 hours of flight

training, including at least five training flights, from a

commercial pilot with a balloon rating on the approved areas of

operation in paragraph (d)(8) of this section, that includes--

* * * * *

5. * * *

(b) For an airplane multiengine course: 5 hours of flight

training in a multiengine airplane performing the duties of a pilot

in command while under the supervision of a certificated flight

instructor. The training must consist of the approved areas of

operation in paragraph (d)(2) of section No. 4 of this appendix, and

include at least--

* * * * *

[[Page 20290]]

(g) For a lighter-than-air airship course: 5 hours of flight

training in an airship performing the duties of pilot in command

while under the supervision of a commercial pilot with an airship

rating. The training must consist of the approved areas of operation

in paragraph (d)(7) of section No. 4 of this appendix.

(h) For a lighter-than-air balloon course: Two solo flights in a

balloon with an airborne heater if the course involves a balloon

with an airborne heater or, if the course involves a gas balloon, at

least two flights in a gas balloon performing the duties of pilot in

command while under the supervision of a commercial pilot with a

balloon rating. The training must consist of the approved areas of

operation in paragraph (d)(8) of section No. 4 of this appendix, in

the kind of balloon for which the course applies.

* * * * *

23. Appendix D to part 141 is amended by revising paragraphs

(b)(6)(i) and (ii) of section No. 4 and paragraphs (b) introductory

text, and (g) introductory text of section No. 5 to read as follows:

Appendix D to Part 141--Commercial Pilot Certification Course

* * * * *

4. * * *

(b) * * *

(6) * * *

(i) Five training flights in a glider with a certificated flight

instructor on the launch/tow procedures approved for the course and

on the appropriate approved areas of operation listed in paragraph

(d)(6) of this section; and

(ii) Three training flights in a glider with a certificated

flight instructor in preparation for the practical test within 60

days preceding the date of the test.

* * * * *

5. * * *

(b) For an airplane multiengine course: 10 hours of flight

training in a multiengine airplane performing the duties of pilot in

command while under the supervision of a certificated flight

instructor. The training must consist of the approved areas of

operation in paragraph (d)(2) of section No. 4 of this appendix, and

include at least--

* * * * *

(g) For a lighter-than-air airship course: 10 hours of flight

training in an airship performing the duties of pilot in command

while under the supervision of a commercial pilot with an airship

rating. The training must consist of the approved areas of operation

in paragraph (d)(7) of section No. 4 of this appendix and include at

least--

* * * * *

Issued in Washington, D.C., on April 20, 1998.

Jane F. Garvey,

Administrator.

[FR Doc. 98-10793 Filed 4-22-98; 8:45 am]

BILLING CODE 4910-13-P