Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers

Federal RegisterJan 12, 2009

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR parts 65, 119, 121, 135 and 142

[Docket No. FAA-2008-0677; Notice No. 08-07]

RIN 2120-AJ00

Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers

AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of Proposed Rulemaking (NPRM).

SUMMARY:

The FAA proposes to amend the regulations for crewmember and dispatcher training programs in domestic, flag, and supplemental operations. The proposed regulations enhance traditional training programs by requiring the use of flight simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to safety. The proposal also reorganizes and revises the qualification and training requirements. The proposed changes are intended to contribute significantly to reducing aviation accidents.

DATES:

Comments must be received on or before May 12, 2009.

ADDRESSES:

You may send comments identified by Docket Number FAA-2006-26139 using any of the following methods:

•

Federal eRulemaking Portal:

Go to

http://www.regulations.gov

and follow the online instructions for sending your comments electronically.

•

Mail:

Send comments to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590.

•

Fax:

Fax comments to the Docket Management Facility at 202-493-2251.

•

Hand Delivery:

Bring comments to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For more information on the rulemaking process, see the

SUPPLEMENTARY INFORMATION

section of this document.

Privacy:

We will post all comments we receive, without change, to

http://www.regulations.gov

, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the

Federal Register

published on April 11, 2000 (65 FR 19477-78).

Docket:

To read background documents or comments received, go to

http://www.regulations.gov

at any time or to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

For flight crewmember information contact Ed Cook, for flight attendant information contact Nancy Lauck Claussen, and for aircraft dispatcher information contact David Maloy, Air Carrier Training Branch (AFS-210), Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-8166. For legal questions, contact Anne Bechdolt, Office of Chief Counsel (AGC-200), Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-7230; e-mail:

Anne.Bechdolt@faa.gov

SUPPLEMENTARY INFORMATION:

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

Authority for This Rulemaking

The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. This rulemaking is promulgated under the authority described in 49 U.S.C. 44701(a)(5), which requires the Administrator to promulgate regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security.

Table of Contents

I. Summary of the Proposal

II. Qualification Performance Standards (QPS) Appendices

III. Background

A. Current Qualification and Training Requirements

B. Need for Safety Improvements and FAA Actions

C. Qualification To Serve as a Required Crewmember or Aircraft Dispatcher

D. Subparts N and O Aviation Rulemaking Committee (ARC)

E. Training Program Vocabulary and Instructional Design

IV. The Proposal

A. Major Changes Affecting Crewmembers and Aircraft Dispatchers

B. Major Changes Affecting Flight Crewmembers

C. Major Changes Affecting Flight Attendants

D. Major Changes Affecting Aircraft Dispatchers

V. Impact Statements

I. Summary of the Proposal

Purpose

The primary purpose of this NPRM is to establish new requirements for traditional air carrier training programs to ensure that safety-critical training is included. These changes are expected to make a significant contribution to the FAA's accident reduction goal. The secondary purpose of this rulemaking project is to reorganize, simplify and modernize all rule language associated with crewmember and aircraft dispatcher qualification and training under part 121. This proposal revises and recodifies the crewmember qualification and training requirements in subparts N and O into a new subpart BB of part 121 and revises and recodifies the aircraft dispatcher qualification and training requirements in subparts N and P into subpart CC of part 121.

This rulemaking is part of the FAA's efforts to reduce fatal accidents in which human error was a major contributing cause. The proposed changes would reduce human error and improve performance among flight crewmembers, flight attendants, and aircraft dispatchers.

The FAA is proposing the following safety improvements to its qualification and training requirements:

• Train and evaluate flight crewmembers in a complete flight crew environment.

• Require Line Oriented Flight Training (LOFT) to be administered to flight crewmembers in a full flight simulator (FFS) during recurrent training.

• Require the use of a qualified flight simulation training device (FSTD) for training, testing, and checking flight crewmembers.

• Require special hazard training for flight crewmembers, such as loss of control and Controlled Flight Into Terrain (CFIT).

• Require additional training and practice in the use of Crew Resource Management (CRM) principles.

• Require flight attendants to complete “hands on” performance drills using emergency equipment and procedures every 12 months.

• Require flight attendants to complete operating experience by aircraft type for the certificate holder.

• Require trained and qualified flight attendant ground instructors and evaluators.

• Standardize the training and experience requirements for check dispatchers and dispatcher instructors.

• Implement supervised operating experience (SOE) requirements for aircraft dispatchers.

• Establish Requalification training for aircraft dispatchers and crewmembers.

• Require a continuous analysis process (CAP) for certificate holders.

In addition, the FAA's recent “Call to Action” plan elevated short-, mid-, and long-term goals to address safety improvement at airport runways. This proposed rule states that the tasks listed in the rule, and the Flight Crewmember Operating Manual (FCOM) required by the rule, must be integrated with one another and must reflect the certificate holder's operations and the specific aircraft. The proposed rule also includes tasks that directly address the runway safety goals. Specifically, they include the following:

(1) Using an airport diagram (surface movement) chart to aid in maintaining positional awareness.

(2) Obtaining the appropriate clearance before crossing or entering active runways.

(3) Observing runway hold lines, localizer and glide slope critical areas, beacons, and other surface movement guidance control markings and lighting.

(4) Ensuring takeoff clearance is received and that the correct runway is being entered for takeoff prior to crossing the hold short line.

The FAA is issuing this proposal under the authority described in Subtitle VII, Part A, subpart i, 49 U.S.C. 44701. The FAA is charged with regulating air commerce in a way that best promotes safety.

Compliance Issues

To help transition from the current regulations to the revised requirements for qualification, service, and use of crewmembers and aircraft dispatchers, the FAA is proposing to continue the current regulations under subparts N, O, and P, for 5 years after the effective date of the final rule. On the date the current regulations expire, all certificate holders, crewmembers, and aircraft dispatchers must be in compliance with the requirements in subparts BB and CC of part 121. Therefore, it will be necessary for certificate holders to begin training under subparts BB and CC in sufficient time to ensure that all crewmembers and aircraft dispatchers are trained, qualified, and meet the applicable look back provisions of subparts BB and CC, before the expiration of regulations pertaining to qualification, service, and use of crewmembers and aircraft dispatchers in subparts N, O, and P. Proposed 14 CFR121.1202 and 121.1402 require certificate holders to submit a transition plan that specifies the transition completion date, which must be before the expiration of the current regulations.

The effective date of the final rule will be 120 days after publication in the

Federal Register

. Persons who have an approved training program before the effective date of the final rule or have submitted a training program for approval before the effective date of the final rule may comply with existing regulations, subparts BB and CC, or both. The proposed rule permits simultaneous compliance to allow the certificate holder to continue using its approved programs while transitioning to the new requirements. Although the rule allows the certificate holder to simultaneously comply with the existing regulations and the new rules, each individual crewmember or aircraft dispatcher must be trained and qualified under the requirements of either subparts BB and CC, or subparts N, O, and P.

For example, during the transition period, the air carrier may decide to train all newly hired flight attendants in accordance with the proposed rules, while continuing to train existing flight attendants under the current requirements. However, individual flight attendants, in the above example, would be required to be fully in compliance with the requirements of the existing regulations or with the proposed regulations. If a certificate holder submits a training program for a new aircraft type after the effective date of the rule, the training program developed for this new aircraft type must be in compliance with and approved under proposed subparts BB and CC. Therefore, any flight attendants qualified on this new aircraft type would be trained in accordance with the new rules, while flight attendants qualified on aircraft types currently operated by the certificate holder could be trained in accordance with the existing regulations in subparts N, O, and P.

Setting the effective date for 120 days after publication of the final rule and allowing use of the existing regulations for 5 years after this period provides existing certificate holders and the FAA time to smoothly transition to the new requirements. By using this approach, certificate holders seeking FAA approval for a new training program will not have to develop one training program to comply with the old regulations, then develop another training program to comply with the new regulations.

The proposed rule also contemplates that when a new training program is submitted for approval after the rule's effective date, the training program must meet the requirements of subparts BB or CC, as applicable. The FAA does not intend that non-significant modifications that may be proposed to a current training program under the existing regulations would require the certificate holder to initiate development of a training program to comply with Subpart BB or CC any earlier than they had planned in accordance with their current business plan.

The FAA has included a grandfather provision in proposed subpart BB to allow persons qualified for a crewmember duty position under the current rules to meet the requirements of the proposed rule without having to repeat certain categories of training they have already completed under the current rules. Proposed subpart CC contains a similar grandfather provision for aircraft dispatchers.

In addition, the FAA is proposing to amend requirements in current § 121.543 in proposed § 121.1241(b)(3)(v). Proposed § 121.1241(b)(3)(v) requires that all flight crewmembers at the controls are current and qualified, including landing recency. Under the current rules, landing recency is not required for relief pilots. This proposal codifies current industry practice and ensures proficiency in all tasks necessary for safe operation of the aircraft.

II. Qualification Performance Standards (QPS) Appendices

The FAA is proposing to add four QPS appendices in 14 CFR part 121: pilots, appendix Q; flight engineers, appendix R; flight attendants, appendix S; and aircraft dispatchers, appendix T. The QPS appendices contain minimum training and evaluation standards as well as procedures for crewmembers and aircraft dispatchers to become qualified and maintain qualification. The material in the proposed QPS appendices is based on the subjects and

tasks in subparts N, O, and P. In addition, the pilot QPS is based on current part 121 practical training and checking standards in appendices E and F, and flight simulation performance guidelines in appendix H. The FAA has separated the material in the QPS appendices into two sections: “QPS Requirements” and “Information.” The “QPS Requirements” sections are regulatory and are in addition to the requirements in part 121. The “Information” sections are advisory, and are not regulatory. Future changes and additions to the QPS Requirements would be subject to notice and comment rulemaking procedures under the Administrative Procedure Act, unless “good cause” (see 5 U.S.C. 553(b)(B)) exists to justify proceeding without notice and comment.

The FAA does not expect that many changes to the QPS appendices will justify the expenditure of time and resources at the highest levels of the agency that the standard procedures for final review of rulemakings require. The Administrator will delegate authority for final review and issuance of changes to the QPS appendices to the Director of the Flight Standards Service. This delegation of authority will be exercised with the concurrence of the Office of the Chief Counsel. This streamlined process will result in timely responses to incident and accident data, continuous analysis process (CAP) changes, and advances in aircraft or simulation technology. If at any time during the amendment process the Administrator or the Director of the Flight Standards Service determines that a proposed amendment is not appropriate for this streamlined process, the rulemaking project will proceed in accordance with the agency's standard rulemaking procedures.

III. Background

A. Current Qualification and Training Requirements

The regulations governing certificate holder crewmember and aircraft dispatcher qualification and training requirements appear in 14 CFR part 121 subparts N, O, and P. Subpart N contains the requirements for establishing and maintaining a training program for crewmembers, aircraft dispatchers, and other operations personnel. Subpart N also contains the requirements for the use of airplane simulators and other training devices. Subpart O contains crewmember qualification requirements. Subpart P contains aircraft dispatcher qualification requirements. Appendix E to part 121 establishes the flight training tasks required in pilot initial, transition, and upgrade training. Appendix F to part 121 establishes the flight checking tasks required in pilot proficiency checks. Appendix H to part 121 provides guidelines and a means for using advanced airplane simulators in training and checking of flight crewmembers.

B. Need for Safety Improvements and FAA Actions

FAA Initiatives

Among the leading causes of fatal accidents for U.S. air carriers from 1987 through 1996 were loss of control and CFIT. Human error was identified as a major contributing cause in a large percentage of these accidents. The FAA took immediate steps toward preventing these types of accidents by developing technological standards and encouraging simulator training in CFIT avoidance and to improve flight crewmember response in loss of control situations. The FAA also reviewed its regulations in 14 CFR part 121 subparts N, O, and P to identify improvements in training for flight crewmembers, flight attendants, and aircraft dispatchers.

As part of the regulatory review, the FAA evaluated its experience with the Advanced Qualification Program (AQP) currently in place at many part 121 air carriers. AQP is an alternative method using advanced simulation equipment and objective performance standards for training and testing crewmembers.

The FAA's review of AQP revealed the need to improve the traditional qualification and training programs conducted under subparts N, O, and P.

The FAA codified AQP in 14 CFR part 121 subpart Y (September 16, 2005; 70 FR 54810).

The National Transportation Safety Board (NTSB) investigations identified several areas of inadequate training that were the probable cause of an accident, such as Incomplete Manuals, Inadequate Standards/Procedures, Lack of a Stabilized Approach Below 500 Feet, Crew Resource Management, Turbulence, Thunder Storms, Wind Shear, IFR Conditions, Cross Wind, and Tail Wind.

During the 1985 through 2004 time period, the NTSB determined that inadequate training was the probable cause of 169 accidents involving the affected populations. We believe that many of these accidents could have been prevented if the proposed training initiatives were in place during that 20-year period. Of the 169 accidents, 43 (about 25%) involved one or more fatalities and 126 (about 75%) had no fatalities. These accidents resulted in 988 fatalities and 250 serious injuries. In addition to the injuries and fatalities, there was also significant damage or complete hull loss for these accidents. This proposal contains changes to address the causes and factors identified by the NTSB.

NTSB Recommendations

The changes proposed in this NPRM also address several NTSB recommendations. The NTSB recommendations addressed Crewmember Resource Management (CRM) training (Recommendations A-88-71 and A-94-196); use of simulators to conduct LOFT (Recommendations A-94-191 through 194); TCAS RA training (Recommendation A-93-46); training of flight crews to respond to sudden, unusual or unexpected aircraft upsets (Recommendation A-96-120); flight attendant training (Recommendations A-92-67, A-92-70, A-92-71, A-92-74, and A-92-77); and training to respond to inflight fires (Recommendations A-01-83 through A-01-85).

The NTSB Safety Recommendation Letters are available online at

http://www.ntsb.gov/Recs/letters/letters.htm

The FAA recognizes that the NTSB has already closed some of these recommendations. However, we reviewed NTSB recommendations concerning training to make the proposed training requirements as effective as possible. For specific information on how the FAA is responding to these NTSB recommendations, see section IV, “The Proposal,” later in this preamble.

C. Qualification To Serve as a Required Crewmember or Aircraft Dispatcher

There are several requirements for a crewmember to become qualified to serve in part 121 operations. Just because an individual is “qualified” under this proposal does not mean that he or she can serve in part 121 operations without meeting additional requirements. For example, pilots are “qualified” under this proposal when they hold the appropriate certificates and ratings and have completed the required curricula. However, to serve unsupervised in part 121 operations they must also meet the operating experience, initial line check, crew pairing, operating limitations, and route and airport qualification requirements. In addition, when they first serve in part 121 operations they must be supervised. Further, once they obtain their initial authorization to serve, they must continually meet a different set of requirements to retain that authorization. This is similar to current requirements.

D. Subparts N and O Aviation Rulemaking Committee (ARC)

On May 3, 2004, the FAA established the ARC as a forum for the FAA and the aviation community to discuss crewmember and aircraft dispatcher qualification and training. The ARC focused on changes to improve flight safety issues; the application of simulation to flight crewmember training, testing, or checking activities; and the implementation of technical changes in training and qualification standards. The ARC included participants from the FAA, Air Line Pilots Association, Air Transport Association, Airbus Training Center, Airline Dispatchers Federation, Alteon Training, America West Airlines, American Airlines, Association of Flight Attendants, Association of Professional Flight Attendants, Boeing, CAE, Independence Air, JetBlue Airways, Northwest Airlines, Omni Air International, Pan Am, Regional Airline Association, and Southwest Airlines. The ARC submitted recommendations to the Associate Administrator for Aviation Safety in April 2005. These recommendations focused on changes to the regulatory requirements, the development of QPS appendices specific to the needs of pilots, flight engineers, flight attendants, and aircraft dispatchers, and organization of the regulations.

E. Training Program Vocabulary and Instructional Design

The purpose of a certificate holder's training program is to produce and maintain competency necessary for job performance. In this proposal, the FAA is introducing new terms associated with training programs.

At the highest level, training programs have “curricula” to qualify a person for a duty position for an aircraft type. A pilot in command (PIC), second in command (SIC), flight engineer, or a flight attendant serving in operations under this part holds a “crewmember duty position.” A flight instructor (aircraft or simulator), flight engineer instructor (aircraft or simulator), flight attendant instructor, check person (check pilot, aircraft; check pilot, simulator; check flight engineer, aircraft; check flight engineer, simulator; or check flight attendant), or person authorized to administer flight attendant proficiency tests holds a “training” or “evaluation” duty position. The curriculum for each crewmember duty position and training or evaluation duty position includes categories of training and the appropriate segments for each category.

Within a curriculum, “categories of training” (also called “training categories”) relate to qualification experience levels, first time qualification for a certificate holder, first time qualification in type, configuration differences within type or series, maintaining and regaining qualification, and changes in operation. The categories of training within a curriculum include: New hire; initial; transition; conversion (full and core); upgrade (full and core); emergency; differences; recurrent; requalification; and special.

Each category of training includes two “segments of training”—academic and job performance. Academic is training and evaluation that provides students with the required knowledge and cognitive skills necessary to perform the tasks required for the crewmember duty position or training or evaluation duty position. Academic training could be completed in either a classroom setting or through distance learning. Job performance is training and evaluation in the duty or job environment that provides students with the practical, hands on experience of integrating knowledge and skills and learning the related motor skills necessary to perform the job.

For flight crewmembers, the proposed term “academic training” is currently known as “ground training.” For flight crewmembers, the proposed term “job performance training” is currently known as “flight training.” The FAA has proposed these new terms in order to ensure they accurately apply to all training populations affected by the proposed rule, including those that do not conduct flight training, such as flight attendants and aircraft dispatchers.

Segments of training have subsets called “modules.” Certificate holders create modules based on the task requirements in the applicable QPS. The FAA approves all modules as part of the approved training program.

The following table compares the proposed terminology with the current usage.

Current rule

Proposed rule

TRAINING PROGRAM

(Curriculum and Resources)

CURRICULUM

CATEGORIES OF TRAINING

Flight crewmember:

Flight attendant:

Aircraft dispatchers:

Basic Indoctrination

New Hire

Initial

Transition

Recurrent

Upgrade

Conversion

Recurrent

Requalification

Recurrent

Upgrade

Requalification

Differences

Requalification

Recurrent

Differences

Special

Differences

Requalification

Special

Crewmember Emergency

Differences

Emergency

Special

CURRICULUM SEGMENTS

(Two Types—Ground and Flight)

(Two Types—Academic and Job Performance)

MODULE

LESSON

ELEMENT

IV. The Proposal

This section addresses the major changes proposed in this document and includes a general description of each change and supporting rationale. You can find a detailed description of these and other proposed changes in the “Section-by-Section Discussion” in the docket for this rulemaking at

http://

www.regulations.gov

. In addition to the “Section-by-Section Discussion” document, the docket also contains “Derivation and Distribution Tables” for the proposed Subparts BB and CC. The “Derivation and Distribution Tables” will help commenters track how the proposed sections relate to the current sections in part 121. The following table lists the major changes and their applicability to crewmembers and aircraft dispatchers.

Major Changes and Their Applicability to Crewmembers and Aircraft Dispatchers

Major changes

A. Crewmembers and Aircraft Dispatchers

1. Provide more accurate and complete operating procedures and crewmember and aircraft dispatcher duties.

2. Integrate subparts N, O, and P into new subparts BB and CC.

3. Require baseline and minimum programmed hours.

4. Require integration of Crew Resource Management (CRM) and Dispatcher Resource Management (DRM).

5. Add “Special” training category.

6. Establish phased Requalification.

7. Establish provisions for initial cadre.

8. Continuous analysis process.

B. Flight Crewmembers

1. Require the use of FSTD for job performance training and evaluation.

2. Train and evaluate flight crewmembers in a full crew environment.

3. Require Special Hazards training.

4. Require Recurrent LOFT.

5. Reduce the frequency of performance drills using emergency equipment and procedures.

C. Flight Attendants

1. Establish qualification and training requirements for check flight attendants, flight attendant instructors, and evaluators.

2. Require operating experience by aircraft type specific to the certificate holder.

3. Increase the frequency of performance drills using emergency equipment and procedures.

D. Aircraft Dispatchers

1. Establish dispatcher instructors and check dispatchers.

2. Require supervised operating experience specific to the certificate holder.

3. Establish optional aircraft dispatcher Combined Certification and Initial Curriculum.

4. Establish qualification requirements for Dispatch Program Designees.

A. Major Changes Affecting Crewmembers and Aircraft Dispatchers

1. Provide for More Accurate and Complete Operating Procedures and Crewmember and Aircraft Dispatcher Duties

Training effectiveness is enhanced when operational procedures and crewmember duties are thoroughly and accurately defined for the type of operation. The FAA reviewed numerous accidents where a lack of properly defined procedures and duties were a direct or contributing factor. The following proposals will improve the completeness and accuracy of the duties and procedures for crewmembers and aircraft dispatchers.

• Add Standard Operating Procedures, Abnormal or Non-normal Procedures, Emergency Procedures, Weight and Balance (or Loading), and Performance sections to the Operating Limitations section of the FAA-approved Flight Crew Operating Manual (FCOM) as mandatory instructions for all persons operating a civil aircraft in operations under this part.

• Require that training and evaluation of monitoring duties for the pilot not flying the aircraft be provided in addition to the traditional pilot flying (at the controls).

• Include procedures in the FCOM for executing the tasks authorized for the certificate holder. These procedures may come from the following: (1) The FAA-approved Airplane Flight Manual (AFM); (2) the generic procedures provided in the QPS; or other procedures as modified by the certificate holder and approved by the Principal Operations Inspector (POI), such as those contained in Operations Specifications (OpSpecs).

• Provide training in approved procedures in critical environments (

e.g.

, windshear for takeoff and landing).

• Provide awareness performance statements relative to each task (

e.g.

, be aware of the autoflight configuration at all times).

• Require that the material in the current certificate holder's manual (§§ 121.133, 121.135, and 121.141) pertaining to crewmembers and aircraft dispatchers be contained in the Flight Crew Operating Manual (FCOM), Flight Attendant Operating Manual (FAOM), and Aircraft Dispatcher Procedures Manual (ADPM).

The requirement for operating procedures and crewmember duties is not new. However, a thorough and accurate compilation of the information will improve safety of flight operations. It will also result in better training program definition and development.

2. Integrate Subparts N, O, and P Into New Subparts BB and CC

Under the proposal, the current regulations governing drug and alcohol testing and hazardous material training would remain in subparts N and O. The crewmember qualification and training requirements in subparts N and O would be moved into subpart BB of part 121 and the aircraft dispatcher qualification and training requirements in subparts N and P would be moved into subpart CC of part 121. Other changes include the addition of new appendices, Q, R, S, and T as QPS appendices for pilots, flight engineers, flight attendants, and aircraft dispatchers. The proposal also removes obsolete references to flight navigators.

3. Require Baseline and Minimum Programmed Hours

This proposal prescribes programmed hour requirements for crewmembers and aircraft dispatchers. Programmed hours are the required academic and job performance training hours for categories of training. The proposed programmed hours are contained in the applicable QPS. The programmed hours consist of baseline and minimum hours for academic and job performance training segments. The term baseline hours refers to the starting point for determining the number of programmed

hours required for FAA approval. The FAA may allow a reduction from the baseline hours in certain circumstances. However, the FAA will not allow a reduction below the minimum number of hours prescribed in the QPS appendices.

For example, in accordance with Table 1 of the Pilot QPS, the baseline for transition academic training is 92 hours. The FAA may allow a certificate holder to reduce the number of programmed hours if the certificate holder demonstrates that circumstances justify a lesser amount. However, the FAA will not approve a reduction below the minimum hours stated in the Pilot QPS, which is 62 hours for transition academic training. These proposed requirements would improve the consistency of reductions to training hours.

The programmed hours do not include other required training, such as training for hazardous materials and security. In addition, periods of time when training is not occurring, such as lunch and travel between facilities, do not count toward required programmed hours. The proposed programmed hours give certificate holders flexibility in developing training programs. The proposed programmed hours also ensure that training programs have a sufficient number of hours for crewmembers and aircraft dispatchers to gain and maintain proficiency.

Flight Crewmember Programmed Hours

Programmed hours consist of baseline and minimum hour requirements. The FAA bases the proposed baseline and minimum program training hours on national norms, FAA handbooks, traditional and AQP training programs, and problems routinely encountered by a POI. The baseline hours for flight training are not reducible. The baseline hours for academic training could be reduced to the minimum hours if the certificate holder applied for a reduction under proposed § 121.1335(b). The Administrator would consider the factors outline in proposed § 121.1337(e) before granting a reduction in programmed hours. These factors are:

• The pass/fail rate in the curriculum.

• The quality and effectiveness of the teaching-learning process.

• The experience levels of the students, instructors, and check persons.

• The certificate holder's type and scope of operations.

• The complexity of make, model, and series of aircraft used.

Current regulations prescribe minimum programmed hours for flight training. However, under § 121.409(c), the minimum programmed hours do not apply if the training program includes a course of flight crewmember training in an FSTD. Since one of the purposes of this rule is to require all certificate holders to use FSTD in their job performance training programs, the FAA proposes to delete the exception in current § 121.409(c). Under § 121.1335 of this proposal, all training programs are required to have the programmed hours specified in the applicable QPS.

Flight Attendant Programmed Hours

Similar to flight crewmember programmed hours, flight attendant programmed hours are also based on current regulatory and advisory material. In Recommendation A-92-67, the NTSB stated the FAA should establish procedures for reducing required hours of flight attendant Recurrent training. Specifically, the NTSB recommended the procedures be based on the following:

• The number of types of aircraft for which flight attendants are qualified.

• The accuracy and effectiveness of training devices and simulators.

• The methods used to test and evaluate proficiency.

The FAA proposes to change the way it allocates flight attendant programmed hours for Initial training for each aircraft type. The FAA proposes to increase the number of baseline hours for Initial training on the first aircraft type. Under the proposal, the FAA requires 12 hours of training on general subjects (such as CRM, passenger handling, and theory of flight) and 12 hours of aircraft type specific training. For each subsequent aircraft type, the FAA does not require the flight attendant to repeat training on the general subjects.

The FAA also proposes a baseline of 24 hours for flight attendant emergency training. These hours may not be reduced for flight attendants qualified in overwater operations. For flight attendants not qualified in overwater operations, the required hours may be reduced to a minimum of 22 hours. This proposal codifies the national norms that the FAA has included in FAA Order 8400.10 Air Transportation Operations Inspector's Handbook (

http://www.faa.gov/library/manuals/examiners_inspectors/8400/

), and is consistent with industry practice and NTSB recommendations.

In addition, the FAA is proposing new programmed hours for transition training. Transition training would allow a flight attendant to qualify on an aircraft type if the flight attendant has been qualified for at least 180 days and served in the previous 180 days on an aircraft as a flight attendant for that certificate holder.

Under the proposal, the baseline programmed hours for transition training are 12 hours to ensure adequate training for flight attendants. The baseline may be reduced to a minimum of 8 hours.

Aircraft Dispatcher Programmed Hours

The proposed aircraft dispatcher regulations contain programmed hour requirements similar to crewmember programmed hours, including authorizations for reductions. For example, the Aircraft Dispatcher QPS outlines a baseline programmed hour requirement of 8 hours for supervised operating experience. These programmed hours may not be reduced below the baseline.

4. Require Integration of Crew Resource Management (CRM) and Dispatcher Resource Management (DRM)

CRM and DRM training is the incorporation of team management concepts in flight operations. Resource management training focuses on the interaction among flight crewmembers, flight attendants, aircraft dispatchers, maintenance personnel, air traffic controllers, and others. CRM and DRM activities include team building and maintenance, information transfer, problem solving, decision making, maintaining situational awareness, and using automated systems. This proposal revises current CRM and DRM requirements by integrating CRM and DRM proficiencies throughout the training and evaluation programs for crewmembers and aircraft dispatchers. These proposed changes address NTSB recommendations concerning CRM training (Recommendations A-88-71 and A-94-196).

The proposed requirements provide details about how certificate holders must include CRM and DRM training in specific subject areas. The QPS appendices describe specific CRM and DRM subject areas, such as: Communication processes and decisions, workload management, and situational awareness. The proposed Pilot and Flight Engineer QPS appendices require CRM training and evaluation during recurrent LOFT sessions and line checks. Training in these areas helps prevent errors such as taxiing on a wrong runway, misinterpreting tower controller information, and incompletely preparing for takeoff because of interruptions. The Flight Attendant QPS incorporates CRM proficiencies into performance drills. The Aircraft Dispatcher QPS requires that certificate

holders evaluate DRM indicators throughout the entire Proficiency Test or Check.

5. Add “Special” Training Category

When certain changes are made to the certificate holder's operations or equipment, the certificate holder must make conforming changes to its training program. For example, a certificate holder may begin conducting Reduced Vertical Separation Minimums (RVSM) or Extended Operations (ETOPs) and would need to amend its training program to address these new operations. Another example is the addition of equipment to aircraft (e.g., Automated External Defibrillators). In these situations, it may be difficult to determine when specific crewmembers and aircraft dispatchers have been trained. To address this situation, some certificate holders have developed a “Special” training category. The modules for this “Special” training category are temporary and used by the certificate holder to ensure that all crewmembers and aircraft dispatchers receive the new training. The certificate holder integrates the module for this “Special” training into the existing training categories. The proposed language has adopted this strategy by codifying a “Special” category of training.

6. Establish Phased Requalification

Flight Crewmembers

Proposed § 121.1239 establishes Requalification requirements for flight crewmembers who become unqualified by not meeting Recurrent training requirements. The proposed changes clarify that an unqualified person may not necessarily be required to repeat all of the Initial training to regain qualification. Instead, the FAA has based the Requalification requirements on the amount of time that has elapsed since the person last served in the duty position in operations under this part.

Proposed § 121.1239(b) outlines three phases of Requalification:

• Phase I Requalification—the person has been unqualified for less than 9 months.

• Phase II Requalification—the person has been unqualified for at least 9 months, but less than 27 months.

• Phase III Requalification—the person has been unqualified for 27 months or more.

The specific tasks that the flight crewmember must complete for requalification are outlined in the appropriate QPS.

Flight Attendants

Proposed § 121.1309 establishes Requalification requirements for flight attendants who become unqualified by not meeting Recurrent training requirements. This rule is necessary because the current regulations imply that an unqualified person must repeat all required training. In some cases this is not necessary because a previously qualified flight attendant retains some of the knowledge and skills that he or she has learned. Thus, proposed § 121.1309 establishes that, to be requalified, the person must meet either the basic qualification requirements (new hire, initial, transition, and emergency training, and differences training, if necessary), or requalification requirements based on the amount of time the person has been unqualified.

Proposed § 121.1309 outlines three phases of requalification:

• Phase I Requalification—the person has been unqualified for less than 12 months.

• Phase II Requalification—the person has been unqualified for at least 12 months, but not more than 24 months.

• Phase III Requalification program—the person has been unqualified for more than 24 months.

The specific tasks that the flight attendant is required to complete for Requalification are outlined in the proposed Flight Attendant QPS.

Dispatchers

Proposed § 121.1419 contains aircraft dispatcher requalification requirements that are similar to crewmember requalification requirements.

Proposed § 121.1419 outlines five phases of requalification:

• Phase I Requalification—the person has been unqualified for less than 6 months.

• Phase II Requalification—the person has been unqualified for 6 months or more, but less than 12 months.

• Phase III Requalification—the person has been unqualified for 12 months or more, but less than 24 months.

• Phase IV Requalification—the person has been unqualified for 24 months or more, but less than 36 months.

• Phase V Requalification—the person has been unqualified for 36 months or more.

The specific tasks that the dispatcher must accomplish for requalification are outlined in the appropriate QPS.

7. Establish Provisions for Initial Cadre

A start-up part 119 certificate holder or an existing certificate holder starting-up operations using a new aircraft type is not able to meet all of the requirements for check pilots, check flight engineers, and check flight attendants. Those certificate holders lack qualified personnel to fill these duty positions. The FAA has over 40 years of experience authorizing check persons as the initial cadre. The existing practice has served the safety goals of the FAA for the following reasons: (1) The FAA requires highly qualified and recently experienced personnel to participate in the initial cadre; (2) the FAA directly oversees the evaluation and observation of the initial cadre; and (3) the FAA limits the duration of the initial cadre to a period not to exceed 24 months. Proposed § 121.1257 codifies a long-standing FAA policy to allow initial cadre personnel to serve as check pilots or check flight engineers during the period of initial cadre status.

Proposed §§ 121.1425 and 121.1323 for check dispatchers and check flight attendants are similar to proposed § 121.1257 for initial cadre check pilots and check flight engineers. These sections codify requirements for qualifying an initial cadre of check persons. Most of the proposed requirements are based on current industry practice and FAA policy.

8. Continuous Analysis Process

The proposal adds a continuous analysis process for crewmember and aircraft dispatcher training programs. These new requirements are similar to the existing § 121.373, which addresses continuing analysis and surveillance for maintenance programs. The proposal requires certificate holders to establish procedures for validating and maintaining the effectiveness of the continuous analysis process and the training program. Additionally, it requires certificate holders to analyze crewmember and aircraft dispatcher evaluations to identify areas that need to be addressed and training program improvements that need to be made. The continuous analysis process ensures that certificate holders identify and correct deficiencies in their training programs. The proposal also establishes a notification and appeal process that ensures the FAA approves any changes to the training program, consistent with the approval and amendment process.

B. Major Changes Affecting Flight Crewmembers

1. Require the Use of FSTD for Job Performance Training and Evaluation

Current appendix H of part 121 permits certificate holders to use simulators for varying amounts of the training, testing, and checking required by the FAA. Appendix H is a voluntary alternative to training and checking in the airplane. The only required use of an FSTD in the current regulations is the windshear requirements in § 121.409(d).

The proposal requires that all creditable pilot and flight engineer training and evaluation be completed in a qualified FSTD approved by the POI for those tasks specified in the applicable QPS. Using FSTD, rather than airplanes, allows for more in-depth training in a safer environment, including the practice of critical emergency procedures. FSTD also provide benefits such as reducing noise, air pollution, and air traffic congestion, and conserving petroleum resources. This proposal addresses concerns raised by NTSB Recommendations A-94-191 through 194, which stated that part 121 flight training and checking should be required in FSTD wherever possible.

The FAA recognizes that in a few cases, certificate holders initially may not be able to comply with the requirements to use FSTD for all of their job performance training and evaluation. Accordingly, the proposed rule includes provisions for requesting a deviation in § 121.1345(b) through (e). Proposed paragraph (b) describes the limited circumstances when a certificate holder may receive a deviation from the requirement in paragraph (a). Proposed paragraph (c) requires a person requesting a deviation to demonstrate to the FAA why the circumstances warrant a deviation from the requirement to use a qualified FSTD. The FAA does not intend that the deviation provide a loophole for certificate holders who want to continue training and evaluating in aircraft. Rather, the deviation is designed to accommodate those certificate holders who use aircraft for which there are no FSTD available (e.g., DC-6) or, for extraordinary reasons, do not have access to an FSTD for the aircraft type they operate.

2. Train and Evaluate Flight Crewmembers in a Full Crew Environment.

The existing recurrent qualification and training requirements for a PIC and SIC differ in several respects. Current regulations require different tasks and events for PIC and SIC, and the training is separate. For example, PIC receive more training tasks and more frequent proficiency checks than SIC. In addition, PIC train on a 6-month basis, and SIC train on a 12-month basis. The disparity between the training requirements for PIC and SIC is not consistent with actual line operations. During actual operations, pilots must work as a flight crew unit. Typically, today's flight operations involve PIC and SIC performing both pilot flying and monitoring duties.

The proposed rule eliminates the differences in training for PIC and SIC. The training cycles for PIC and SIC are no longer separate. Under the proposal, PIC and SIC are required to complete Recurrent training on a 9-month basis. The requirement is such that each must complete all of the academic subjects and all of the job performance tasks listed in the applicable QPS where each subject, task, or environment may be required once each 9-month period; once each 18-month period, or once each 36-month period. Proposed § 121.1333 and the QPS require the same tasks and events for PIC and SIC. Both PIC and SIC must demonstrate proficiency in the flying and monitoring duties associated with the prescribed tasks and events. The QPS also requires the same number of programmed hours for PIC and SIC training. For example, there are 24 programmed hours for transition flight training. During that 24 hours of training, both the PIC and the SIC must demonstrate proficiency in flying and monitoring duties. The proposed changes facilitate training flight crewmembers in a complete crewmember environment.

In addition to leveling the requirements regarding tasks and task performance between PIC and SIC, this proposal provides additional advantages. The change in frequency of training exposure provides an increase in the actual training exposure for both PIC and SIC over an equal time period. Additionally, while this proposal reduces the frequency with which PIC return for training, it increases the frequency with which SIC return for training. The FAA anticipates a reduction in previous piloting experience for pilots entering the air carrier industry in the near future; almost all of these new pilots will start their air carrier service as SIC. This proposal would provide these new, lesser experienced, pilots with more training at each training event and provide those training events more frequently than under today's regulations.

In addition to integrating the training for PIC and SIC, the proposal will also integrate the training for flight engineers with the training for PIC and SIC, when applicable. Proficiency tests, proficiency checks, proficiency reviews, LOFT, and FSTD Course of Instruction require all flight crewmember duty positions to be occupied by a person who is qualified to serve in that crewmember duty position (including a qualified crewmember, instructor, check pilot, and aircrew program designee (APD)), or is in student status learning to serve in that crewmember duty position.

3. Require Special Hazards Training

In 1996, the NTSB recommended the FAA require training to better prepare flight crewmembers to respond to sudden or unexpected aircraft upsets (Recommendation A-96-120). Also, the NTSB recommended the FAA develop CFIT training requirements for all pilots operating under part 121.

The QPS includes special hazard academic training subjects such as CFIT and Ground Proximity Escape maneuvers, upset and loss of control, and runway incursions. In addition to academic training in special hazards, the FAA is proposing to include job performance training during Initial, Conversion, Transition, Upgrade, Requalification, and Recurrent training. For pilots, this training includes inflight maneuvers in upset and disturbance recovery, low altitude windshear avoidance and escape, and ground proximity warning system (GPWS) and terrain awareness warning system (TAWS) alert recognition and escape maneuvers.

4. Require Recurrent LOFT

LOFT is training in an FSTD with a complete flight crew. LOFT uses representative flight segments containing standard operating procedures, abnormal procedures, non-normal procedures, and emergency procedures expected in line operations. LOFT used in Recurrent training is called “recurrent LOFT.” LOFT used to qualify for line operations is called “qualification LOFT.”

Proposed § 121.1353 includes the general requirements for conducting LOFT. The proposed requirements are more specific than the current regulations and codify existing advisory material (AC 120-35C, Line Operational Simulations: Line Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation). A LOFT is conducted as a line operation and allows for no interruption by the instructor during the session except for a non-disruptive acceleration of uneventful en route segments. Interruptions are not allowed in LOFT

sessions because they disrupt the flow and undermine the realistic nature of line operations.

The proposal requires 4 hours of training in an FSTD, plus a briefing and debriefing. In addition, each duty position must be filled by a person who is qualified or in student status to serve in that position. This proposed requirement is needed because the training value of LOFT is diminished when inappropriate crew substitutions are made, such as using an SIC to substitute for a PIC. The certificate holder selects the tasks to be performed from the list provided in the applicable QPS, and the FAA approves the selected tasks. In this way, the FAA is certain the selected tasks are appropriate for the certificate holder's operations.

Under proposed § 121.1353, any person serving in a flight crewmember position during a LOFT who does not perform satisfactorily may not serve as a required crewmember or operate under part 121 without receiving additional training to correct the deficiencies. This is common industry practice and consistent with FAA advisory material. The certificate holder must schedule a separate training session to correct the deficiencies. This additional training ensures that the substandard performance is corrected before the person performs line operations.

5. Reduce the Frequency of Performance Drills Using Emergency Equipment and Procedures

The current rule requires all crewmembers to have recurrent emergency “hands on” performance drill training on the use of portable emergency equipment (e.g., fire extinguishers, protective breathing equipment, portable oxygen equipment, flotation equipment) and aircraft exits every 24 months. This proposal adjusts the frequency of flight crewmember “hands on” training from 24 months to 36 months. This matches the newly adjusted frequency for flight crewmember Recurrent training. It also addresses FAA guidance recommending that flight crewmembers land the aircraft as quickly as possible to minimize the effect of an on-board fire, and that flight crewmembers remain on the flight deck, consistent with the post-9/11 security procedures. In addition, current policy places increased responsibility on the flight attendant to respond to emergency situations in the aircraft cabin. While this proposal decreases the frequency of hands on drills for flight crewmembers, it increases the frequency of hands on drills for flight attendants. Although the FAA is proposing to reduce the frequency for flight crewmember emergency “hands on” drills, we are also proposing to add an unannunciated fire (fire in the aircraft cabin) drill to flight training.

C. Major Changes Affecting Flight Attendants

The proposed rule and associated Flight Attendant QPS appendix would revise flight attendant requirements in several areas to address NTSB recommendations and to enhance flight attendant training and evaluation.

1. Establish Qualification and Training Requirements for Check Flight Attendants, Flight Attendant Instructors, and Evaluators

Check Flight Attendants

The proposed rule includes eligibility, approval, qualification, and continuing qualification requirements for check flight attendants. These proposed requirements provide regulatory standards for initially qualifying a flight attendant to serve as a check flight attendant as well as continuing qualification for that flight attendant. The requirements ensure that check flight attendants are familiar with the certificate holder's operations as well as the aircraft type on which they will be conducting operating experience, that they are line-qualified for the certificate holder before evaluating other flight attendants, and that they are qualified to evaluate flight attendants who are completing operating experience. The FAA is proposing to add these requirements to ensure that effective and qualified evaluators conduct the evaluation of the person completing operating experience.

Flight Attendant Instructors

The proposed rule requires each flight attendant instructor to complete basic qualification or Recurrent training requirements, as appropriate, for the certificate holder. The FAA recognizes that a flight attendant instructor may not be physically able to perform certain performance drills due to injury, pregnancy, or disability. Therefore, the FAA also proposes to allow those individuals to complete the required training to qualify as a flight attendant instructor, with the exception of those performance drills the person cannot physically perform. However, the FAA only allows flight attendant instructors to teach performance drills that they are able to demonstrate at the time of instruction. In addition, the flight attendant instructors must have performed the drills within the past 12 months as part of their basic qualification or Recurrent flight attendant training. This requirement provides certificate holders with flight attendant instructor staffing flexibility, while ensuring that flight attendant training is delivered by knowledgeable instructors who have completed the FAA approved flight attendant training program for that certificate holder. The FAA based the proposed rule on current effective industry practices.

Persons Authorized To Administer Flight Attendant Proficiency Tests

The FAA is proposing new requirements to ensure that an individual who evaluates flight attendant proficiency tests is approved by the Administrator and has appropriate training to administer the test. This ensures that effective and qualified evaluators administer the proficiency tests. The FAA based these requirements on current effective industry practice regarding qualification of instructors and evaluators in flight attendant training programs.

2. Require Operating Experience by Aircraft Type Specific to the Certificate Holder

The proposed rule increases the requirements for flight attendants to complete operating experience on each aircraft type operated by the certificate holder prior to becoming qualified on that aircraft type. The proposed rule requires flight attendants to gain aircraft operating experience after completion of Initial training for each aircraft type. This is different from the current rule which only requires a flight attendant to complete operating experience on one aircraft type (Group I or Group II, as applicable) in part 121 operations during the flight attendant's career. The proposal ensures that a flight attendant qualified on a large number of different aircraft types has more extensive training on each aircraft type than under the current rules. The proposed rule also requires that a person receive operating experience on each aircraft type for each certificate holder for whom the person is employed. This requirement is necessary because flight attendant procedures can differ significantly between certificate holders, even for the same aircraft type.

The proposed rule also gives certificate holders more flexibility than the current rule regarding the instructional design of basic qualification curricula. For example, under the current rule, a person must complete all Basic Qualification training before beginning operating experience. However, under the proposed rule, a person must only complete new hire

and Initial training on the aircraft type prior to beginning aircraft operating experience on that aircraft type. This approach allows certificate holders to incorporate the increased operating experience requirements into their training programs more efficiently.

The proposed rule also requires flight attendants to complete aircraft operating experience within 90 days of completing Initial training on that aircraft type. This is consistent with the concept of consolidating knowledge and skills learned in Initial training on that aircraft type.

The proposed rule also establishes new supervision requirements for aircraft operating experience and limits the number of persons who may receive or administer operating experience on any one operating cycle. For example, a check flight attendant cannot supervise more than four persons on any one operating cycle, and there can be no more than two check flight attendants supervising on any one operating cycle. These requirements help ensure a realistic operating environment where effective evaluation of the person receiving operating experience can occur, and are consistent with current effective industry practices and International Civil Aviation Organization (ICAO) recommendations for Cabin Attendant's Safety Training.

The proposed rule also requires that when completing operating experience, a person perform the assigned duties of a flight attendant on at least two cycles on each aircraft type. This ensures that a person completing operating experience is actually gaining experience during takeoffs and landings, which are the most critical phases of flight. However, the person could not serve as a required crewmember, because the person is not a fully qualified flight attendant. The proposed rule continues the current requirement that a person receive aircraft operating experience for 5 hours. All operating experience must be gained during line operations. The proposal does not allow operating experience credit for training conducted in a full-scale cabin training device. The FAA considers experience gained in a “line operations” environment to be a significant training event that combines the demonstration of knowledge and skill. A ground based cabin training device is not considered an adequate substitute for operating experience gained during actual line operations with passengers onboard.

3. Increase the Frequency of Performance Drills Using Emergency Equipment and Procedures

The proposed rule requires flight attendants to perform emergency procedure drills with the appropriate emergency equipment every 12 months, as opposed to the 24-month interval in the current rule. These drills provide critical practice in the actions that flight attendants must take in an emergency. As stated in NTSB Report, Flight Attendant Training and Performance During Emergency Situations (NTSB/SIR-92/02),

[e]mergency procedures, such as those required to prepare an airplane for an evacuation or a ditching, extinguish an in-flight fire, supervise the cabin following a decompression, handle a hijack situation, or manage passengers during an emergency evacuation, are rarely, if ever, used. Flight attendants must immediately change from passenger service oriented roles to their critical safety-related roles in an emergency. Emergency situations typically require quick, assertive, and decisive action with little time for analysis of the situation. For most flight attendants, the only opportunity to practice skills needed in an emergency is during Initial and Recurrent training. These skills are perishable, and continuing and effective training is essential for maintaining them.

In addition to responding to the NTSB, this proposal codifies current industry practice, as well as ICAO recommendations for Cabin Attendant's Safety Training.

D. Major Changes Affecting Aircraft Dispatchers

1. Establish Dispatcher Instructors and Check Dispatchers

The proposal establishes qualification requirements for dispatcher instructors and check dispatchers. The new requirements are based on current FAA policy and industry practice. Codifying these requirements standardizes requirements for dispatcher instructors and check dispatchers.

The proposal adds new requirements that a dispatcher instructor either hold an aircraft dispatcher certificate, maintain aircraft dispatcher currency, and meet certain instructor training requirements or be a subject matter expert. The proposal provides flexibility by allowing people who do not have an aircraft dispatcher certificate to be subject matter experts and instruct in specific subjects as approved by the Administrator (e.g., weather). The proposed requirements ensure that all dispatcher instructors (subject matter experts and certificated aircraft dispatchers) are knowledgeable in the subjects they are teaching. In addition, the proposal ensures that dispatcher instructors who are certificated aircraft dispatchers are knowledgeable in the certificate holder's facilities, equipment, and procedures, and use equipment and facilities specifically approved for the certificate holder's training program.

The proposal also codifies check dispatcher qualification requirements. The proposed term “check dispatcher” replaces current terms “supervisor or ground instructor” used in § 121.422(b). The proposal requires check dispatchers to hold an aircraft dispatcher certificate, maintain aircraft dispatcher currency, and meet certain training and experience requirements. For example, a check dispatcher must have performed the duties of an aircraft dispatcher for at least 8 hours in a 24-hour period in the preceding 60 days, and be current and qualified as an aircraft dispatcher for a part 121 domestic or flag operation for at least 3 of the previous 5 years. The FAA believes that the proposed recency of experience requirement is necessary because currently dispatchers who administer competency checks are not required to have recent practical work experience. The FAA believes recent experience is necessary for check dispatchers to competently evaluate aircraft dispatchers. This is consistent with proposed subpart BB for crewmembers.

The proposed new section also specifies curriculum requirements for Initial and Recurrent training for check dispatchers. These requirements are consistent with the proposed requirements in subpart BB for check pilots and check flight engineers and with current industry practice.

2. Require Supervised Operating Experience Specific to the Certificate Holder

The proposal establishes a new requirement that aircraft dispatchers receive supervised operating experience for the certificate holder. This proposal improves safety by ensuring that aircraft dispatchers are familiar with the certificate holder's operations, and have an opportunity to practice knowledge and skills during actual operations. The proposal prescribes minimum hours of supervised operating experience that the aircraft dispatcher must meet before serving unsupervised.

The proposal also imposes specific criteria for persons supervising operating experience. The supervising dispatcher does not need to be a check dispatcher. However, the supervising dispatcher must meet the same experience requirements as a check dispatcher. Requiring the supervising dispatcher to have the same experience as a check dispatcher provides adequate

safety for supervised operating experience and staffing flexibility for certificate holders.

The proposed rule also clarifies that supervised operating experience may not begin until the person has completed Initial, Combined Certification and Initial, or Requalification training and operating familiarization. This new requirement ensures that supervised operating experience provides an opportunity to consolidate knowledge and skills acquired in training.

The proposal also prohibits an aircraft dispatcher administering operating experience from supervising more than one person at a time. This ensures that the supervising aircraft dispatcher has a manageable workload.

3. Establish Optional Aircraft Dispatcher Combined Certification and Initial Curriculum

Currently a person may obtain an aircraft dispatcher certificate only under the requirements in part 65 subpart C. After obtaining a certificate from the FAA, the aircraft dispatcher is then trained in the certificate holder's approved training program to become qualified to serve as an aircraft dispatcher in the certificate holder's operations.

The proposed rule continues to allow certification of aircraft dispatchers under part 65, but it also integrates part 65 requirements into part 121 training programs to allow certification through a certificate holder's approved Combined Certification and Initial training curriculum (in-house).

Under the proposal, a person could receive the necessary training, be tested by the certificate holder's dispatch program designee, and be issued an aircraft dispatcher certificate. The aircraft dispatcher's certificate would be issued under part 65, not part 121. Integrating a certification program into a certificate holder's training program allows a certificate holder to draw potential dispatchers from its pool of employees and train them “in-house” to become aircraft dispatchers.

``In-house'' is used in this preamble to mean as part of the part 121 operator's FAA-approved training program. This option is described in detail in the Aircraft Dispatcher QPS as the “combined certification & initial training curriculum.” Use of the phrase “in-house” does not mean that the training necessarily would only be conducted by the certificate holder or in the certificate holder's facility. Some training could still be out sourced to an FAA-approved training provider.

The requirements for obtaining an in-house dispatcher certificate are contained in the proposed Aircraft Dispatcher QPS. These proposed requirements are based on the requirements in Appendix A of part 65 and provide an equivalent level of training and safety. The proposed Aircraft Dispatcher QPS also contains training requirements for aircraft dispatchers who receive certificates through a traditional FAA approved part 65 program.

Under the proposal, a certificate holder with a Combined Certification and Initial curriculum administers practical and proficiency tests to their dispatcher candidates. This process is illustrated in Flowchart 1 of the proposed Aircraft Dispatcher QPS. The dispatcher candidate completes the practical test, undergoes supervised operating experience, and then completes a proficiency test. A dispatch program designee for the certificate holder or the FAA must administer the practical test.

4. Establish Qualification Requirements for Dispatch Program Designees

This proposed section establishes qualification requirements for a dispatch program designee. These requirements are consistent with those proposed for aircrew program designees in subpart BB. Part 65 currently allows designated aircraft dispatcher examiners to administer practical tests for certification to graduates from certain approved courses. The proposal would allow dispatch program designees to administer practical tests for certification to graduates of the specific certificate holder's in-house training program. The FAA has used designees for pilot, maintenance, and aircraft certification for decades and has been satisfied with designee performance. Therefore, the FAA proposes to extend the use of designees to aircraft dispatcher certification in part 121 operations to provide greater flexibility while maintaining the highest level of safety. Dispatch program designees evaluate aircraft dispatcher candidates based on the specific operational requirements of the certificate holder; therefore, the FAA believes it is in the best interest of safety for dispatch program designees to be limited to a specific certificate holder.

V. Impact Statements

Privacy Impact Statement for Proposed 14 CFR Part 121 Subparts BB and CC—Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers

Legal Requirements

Section 522 of the Consolidated Appropriations Act of 2005 instructs DOT to conduct a privacy impact assessment (PIA) of proposed rules that will affect the privacy of individuals. The PIA should identify potential threats relating to the collection, handling, use, sharing and security of the data, the measures identified to mitigate these threats, and the rationale for the final decisions made for the rulemaking as a result of conducting the PIA.

Definitions

Certificate holder

means a person certificated under part 119 of this chapter that conducts operations under part 121 of this chapter, or a person certificated under part 119 of this chapter that conducts operations under part 135 of this chapter and is permitted or required by § 135.3 of this chapter to conduct training curricula in compliance with this subpart.

Individual

means a living human being, especially a citizen of the United States or an alien lawfully admitted for permanent residence.

Personally Identifiable Information (PII)

is any information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means, singly or in combination with other data. Examples of PII include but are not limited to physical and online contact information, Social Security number and driver's license number.

Privacy Impact Assessment

is an analysis of how a rulemaking would impact the way information is handled in order to ensure data handling conforms to applicable legal, regulatory, and policy requirements regarding privacy, determine the risks and effects the rulemaking will have on collecting, maintaining and sharing PII, and examine and evaluate protections and alternative processes for handling information to mitigate potential privacy risks.

Requirements for the Submission and Retention of PII as Part of Compliance With Proposed 14 CFR Part 121 Subparts BB and CC—Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers

The FAA proposes to amend the training regulations for pilots, flight engineers, flight attendants and aircraft dispatchers serving in part 121 operations. There are 34,000 affected pilots in part 121 operations, 1,600 flight engineers, 2,700 aircraft dispatchers, and 106,600 flight attendants. Therefore, the total number of individuals that would be impacted by the proposed rule is approximately 150,000.

Under the proposal, certificate holders are required to develop a record keeping system demonstrating that each

person has completed the required training and evaluation to serve in a particular duty position for the certificate holder. The proposed rule does not require a certificate holder to maintain PII. However, the FAA recognizes that certain PII may be contained in the certificate holder's records. This information may include the person's name, date of birth, address, telephone number, duty position, social security number, medical records, and type ratings. The FAA routinely reviews training records in the course of exercising its safety oversight authority and may request a certificate holder to disclose PII for investigation, compliance, or enforcement purposes.

In addition to the certificate holders' records, the FAA also maintains PII for all certificated airmen, including pilots and aircraft dispatchers. The FAA records for certificated airmen include the name, date of birth, social security number, driver's license number, passport number, or government ID number, physical description (height, weight, hair and eye color, sex, and citizenship), address (airmen only), medical records, and airmen certificate number. The FAA also maintains PII for flight attendants who have obtained a Certificate of Demonstrated Proficiency.

The FAA protects PII in its possession in accordance with

“Privacy Act Notice DOT/FAA 847—Aviation Records on Individuals (formerly General Air Transportation Records on Individuals).”

The Privacy Act Notice is available at

http://cio.ost.dot.gov/DOT/OST/Documents/files/records.html.

The FAA did not conduct a PIA for this rulemaking because this proposed rule does not specifically require the collection of any PII. However, in August 2004, the FAA released a PIA for airmen certification records. The PIA addresses the methodology the agency uses to collect, store, distribute, and protect PII for certificated airmen and flight attendants. The PIA is available at

http://www.dot.gov/pia/faa_rms.htm.

For more information or for comments and concerns on our privacy practices, please contact our Privacy Officer, Carla Mauney at

carla.mauney@faa.gov,

or by phone at (202) 267-9895.

Paperwork Reduction Act

This proposal contains the following new information collection requirements. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted the information requirements associated with this proposal to the Office of Management and Budget for its review.

Title:

Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers.

Summary:

Use of:

This project is in direct support of the Department of Transportation's Strategic Plan—Strategic Goal—SAFETY; i.e., to promote the public health and safety by working toward the elimination of transportation-related deaths and injuries. This request for clearance reflects requirements necessary under Title 14 CFR parts 65, 119, 121, 135, and 142, to ensure safety-of-flight by making certain that complete and adequate training, testing, checking, and experience is obtained and maintained by those who operate under these parts of the regulation and that the use of flight simulation is utilized to its maximum practical extent in achieving these goals. The FAA will use the information it collects and reviews to ensure compliance and adherence to regulations and, where necessary, to take enforcement action on violators of the regulations.

Respondents (including number of):

The FAA estimates there are 118 certificate holders who would be required to provide information in accordance with the proposed rule. The respondents to this proposed information requirement are certificate holders using the training requirements in 14 CFR part 121.

Frequency:

The FAA estimates certificate holders will have a one time information collection, then will collect or report information occasionally thereafter.

Burden Estimate:

This proposal would result in a 10-year recordkeeping and reporting burden as follows:

Summary of time and costs (10-year) addressed in question 12:

Section

Cost

Hours

121.133/121.135:

Flight Crew Operating Manual

$1,272,212

42,480.0

Flight Attendant and Aircraft Dispatcher Operating Manuals

424,071

14,160.0

121.1413

13,295

320.0

121.1421

2.0

121.1433

(a)(i)

13,273

355.0

(b)(i)

159,281

4,260.0

(b)(ii)

159,281

4,260.0

(b)(iii)

106,188

2,840.0

(b)(iv)

42,475

1,136.0

121.1457

16,618

400.0

121.1459

16,618

400.0

121.1307

105,618

2,840.0

121.1331

(a)(i)

208,253

2124.0

(a)(ii)

1,041,266

10620.0

(b)(i)

5,263

142.0

(b)(ii)

39,469

1065.0

(c)(i)(A)

122,081

3195.0

(c)(i)(B)

16,277

426.0

(c)(i)(C)

8,139

213.0

(c)(ii)(A)

651,098

17,040.0

(c)(ii)(B)

542,582

14,200.0

(c)(ii)(C)

108,516

2,840.0

(d)

601

35.5

121.1355

Pilots and Flight Engineers

273,133

3068.0

Flight Attendants

79,980

1,846.0

Dispatchers

76,693

1,846.0

Total

5,502,366

132,113.5

The agency is soliciting comments to:

(1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

Individuals and organizations may submit comments on the information collection requirement by May 12, 2009, and should direct them to the address listed in the

ADDRESSES

section of this document. Comments also should be submitted to the Office of Information and Regulatory Affairs, OMB, New Executive Building, Room 10202, 725 17th Street, NW., Washington, DC 20053,

Attention:

Desk Officer for FAA.

According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid OMB control number. The OMB control number for this information collection will be published in the

Federal Register

, after the Office of Management and Budget approves it.

International Compatibility

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

Economic Assessment, Initial Regulatory Flexibility Determination, Trade Impact Assessment, and Unfunded Mandates Assessment

Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule. We suggest readers seeking greater detail read the full regulatory evaluation, a copy of which we have placed in the docket for this rulemaking.

In conducting these analyses, FAA has determined that this proposed rule: (1) Has benefits that justify its costs, (2) is a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, requiring review by the Office of Management and Budget, (3) is “significant” as defined in DOT's Regulatory Policies and Procedures; (4) would have a significant economic impact on a substantial number of small entities; (5) would not create unnecessary obstacles to the foreign commerce of the United States; and (6) would not impose an unfunded mandate on State, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below.

The purpose of this rulemaking is to establish new requirements for air carrier training programs to enhance safety-critical training. These changes are expected to significantly reduce aviation accidents. The secondary purpose of this rulemaking project is to reorganize, simplify, and modernize all rule language associated with crewmember and aircraft dispatcher qualification and training under part 121. This proposal revises and recodifies the crewmember qualification and training requirements in subparts N and O into a new subpart BB of part 121, and revises and recodifies the aircraft dispatcher qualification and training requirements in subparts N and P into subpart CC of part 121. The rulemaking is necessary because the existing regulations have not been revised since 1970. They do not reflect current best practices or technological advances that have emerged over the last 30 years.

Over a 10-year period, the total cost of the proposed rule would be approximately $372.7 million ($229.7 million, discounted). The total cost is composed of the costs of subparts BB and CC. The total the cost of subpart BB (crewmember training) would be approximately $368.1 million ($226.3 million, discounted), and the cost of subpart CC (aircraft dispatcher training) would be approximately $4.6 million ($3.4 million, discounted).

Based on FAA analysis, the FAA believes the proposed training improvements, both in content and application, are expected to produce safety benefits (i.e., accidents avoided) of $1.11 billion and $2.46 billion over the first 10 years. Presently, part 121 carriers may train crewmembers under existing subparts N and O to part 121 or under the Advanced Qualification Program (AQP), which is in subpart Y to part 121. We believe that current AQP training programs already meet the safety improvements contained in this NPRM. Because the proposed rule would principally affect part 121 and

part 121/135 operators not conducting training under an Advanced Qualification Program (AQP) and because only 42.8 percent of the part 121 and part 121/135 pilots are not trained under AQP, we only claim 42.8 percent of these potential safety benefits. After this adjustment, the safety benefits would be between $476 million and $1.05 billion over the 10-year period. Several requirements of this proposed rule are phased-in over several years. Taking into account the phasing in of the proposed rule requirements, we believe the potential benefits of this rulemaking to be between $333 million and $737 million over the 10-year period, with an expected benefit value of $535 million. The proposed rule would also generate qualitative benefits for dispatchers, flight attendants, and flight engineers.

Initial Regulatory Flexibility Analysis

A. Initial Regulatory Flexibility Analysis for Subpart BB

A.1. Initial Regulatory Flexibility Determination for Subpart BB

The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.

Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA.

However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.

The Small Business Administration size standard for “small” air carrier is 1,500 or fewer employees, as defined in 13 CFR 121.201, NAICS Code 48111. For subpart BB, the FAA identified a total of 73 out of 102 air carriers affected by this rule that meet this definition.

For each of these entities, the FAA attempted to retrieve annual revenue data from Back Aviation Solutions. The FAA found revenue data for 17 of the 73 small entities that would be impacted by the rule. The FAA then compared this revenue data with the annualized compliance costs (see Appendix H, Table H.1, in the full regulatory evaluation available in the docket). Of the 17 entities, the FAA expects that the projected annualized cost per entity of the rule would be $104,000. The FAA also expects that the projected annualized costs of the rule would be 1% or higher than the annual revenue for five of them (29%), which we believe is a significant economic impact. For the remaining 56 small entities, we believe that the annualized cost of the rule would also be significant for 29%, or sixteen or more of them. Accordingly, the FAA concludes that Subpart BB of the proposed rule would have a significant economic impact on a substantial number of small entities.

A.2. Initial Regulatory Flexibility Analysis for Subpart BB

Under section 603(b) of the RFA (as amended), each initial regulatory flexibility analysis is required to address the following points: (1) Reasons why the agency considered the rule, (2) the objectives and legal basis for the rule, (3) the type and number of small entities to which the rule will apply, (4) the reporting, recordkeeping, and other compliance requirements of the rule, and (5) all Federal rules that may duplicate, overlap, or conflict with the rule. In addition, 5 U.S.C. 603(c) requires that the analysis also describe any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant impact of the proposed rule on small entities.

Reasons Why the FAA Considered the Rule

The FAA reviewed its crewmember and dispatcher training regulations in 14 CFR part 121 to identify improvements in training program content and application that would reduce human error among crewmembers and dispatchers, particularly in situations with special hazards. Based on this review, the FAA proposed improvements to the current rule, as discussed in the Background section of this Regulatory Evaluation (Section II.).

The Objectives and Legal Basis for the Rule

The objective of the rule is to enhance crewmember and aircraft dispatcher training programs by including additional training requirements in areas that are critical to safety. The proposed changes are intended to contribute significantly to reducing aviation accidents and improving crewmember and dispatcher performance.

The legal basis for the rule is 49 U.S.C. 44701

et seq.

, which provides that for regulations related to airmen certification, the FAA must consider the duty of an air carrier to provide service with the highest possible degree of safety in the public interest. The FAA must also consider, as a matter of policy, reducing or eliminating the possibility of recurrence of accidents in air transportation (49 U.S.C. 44701(c)).

The Type and Number of Small Entities to Which the Rule Will Apply

Of the 102 air carriers affected by the rule, there are 73 air carriers that meet the SBA size standard of small business. Of these 73 air carriers, we retrieved net income and balance sheet data on 20 of these identified air carriers. A brief financial profile of these small entities is provided in Tables H.2 (net income) and H.3 (current assets, current liabilities, and financial solvency ratios) in the full regulatory evaluation available in the docket.

Federal Rules That May Duplicate, Overlap, or Conflict With the Rule

The FAA is unaware of any Federal rules that duplicate, overlap, or conflict with the rule.

Other Considerations:

Affordability Analysis

For the purpose of this analysis, the degree to which small entities can “afford” the cost of compliance is predicated on the availability of financial resources. Initial implementation costs can be paid from existing company assets, from borrowing, or from obtaining additional equity capital. Continuing annual costs of compliance may be accommodated by accepting reduced profits, raising ticket prices, or finding other ways to offset costs.

Other means of assessing the affordability is the ability of each of the small entities to meet its short-term obligations, as shown in Tables H.2 (net income) and H.3 (working capital and financial solvency ratios) of the full

regulatory evaluation available in the docket. A company's short-term financial strength is substantially influenced by its working capital and its ability to pay short-term liabilities. Net working capital is the excess of current assets over current liabilities. It represents the margin of short-term debt-paying ability over existing short-term debt. In addition to the amount of net working capital, two other analytical indexes of current position are often computed: (1) Current ratio; and (2) quick ratio. The current ratio (i.e., current assets divided by current liabilities) helps put the amount of net working capital into perspective by showing the relationship between current assets and short-term debt. The quick ratio (sometimes called the acid test ratio) focuses on immediate liquidity (e.g., cash, marketable securities, accounts receivable) divided by current liabilities. A decline in net working capital, the current ratio, and the quick ratio over a period of time (such as 3 or 4 years) may indicate that a company is losing financial solvency. Negative net working capital is an indication of financial difficulty. If a company is experiencing financial difficulty, it is less likely to be able to afford additional costs.

To assess the affordability of affected entities, we can also consider the amount of the annualized costs of the rule relative to net income. The lower the relative importance of the costs, the greater the likelihood that implementing offsetting cost-saving efficiencies or raising fares to cover increased costs will not substantially decrease the number of passengers.

The financial information shown in Tables H.2 and H.3 of the full regulatory evaluation, available in the docket, suggest the following:

• Five of these entities appear to be generally profitable and solvent, as shown in Table H.2 and H.3, respectively, for most or all of the 5-year period examined. Therefore, they probably will have financial resources available to meet the requirements of this rule.

• For 10 entities, the FAA is unable to determine the ability to financially comply with the rule because of contradictory results (e.g., the companies were profitable, yet their net working capital has been negative, and their current and quick ratios have been below 1.00).

• The FAA has identified five small entities that may have trouble financing the expected compliance cost of this rule. Those entities had net losses as well as negative net working capital, current ratios, and quick ratios below 1.00 for most of the years examined. This amounts to 25% of the entities for which we found data.

• Additionally, there is little or no data in 53 cases to make any financial assessment. However, based on the information on the companies that we do have information on, we believe that 25%, or thirteen or more of these entities, also may have trouble financing the expected costs of the rule.

Competitiveness Analysis

Due to the financial problems that certain aircraft operators are experiencing, there may be an impact on the relative competitive position of these carriers in the markets they serve.

Business Closure Analysis

The FAA is unable to determine with certainty the extent to which those small entities that would be significantly impacted by this proposed rule would have to close their operations. However, the profitability information shown in Table H.2 in the full regulatory evaluation, available in the docket, and the affordability analysis can be indicators of the likelihood of a business closure.

A number of these small entities are already in serious financial difficulty. To what extent the proposed rule makes the difference in whether these entities remain in business is difficult to determine. However, the FAA believes that the likelihood of business closure is high for three of the 20 (15%) entities for which financial data was available. (See Table H.2 in the full regulatory evaluation, available in the docket). Therefore, we believe that for the remaining 53 small entities, 15% or more may have similar difficulties.

Alternatives

The FAA considered alternatives to the rule for the small air carriers. A discussion of these alternatives follows.

Alternative 1—12-month recurrent training cycle for small entities.

Currently, PICs train every 6 months and SICs train every 12 months. The FAA could extend the recurrent training cycle for PICs working for small entities to 12 months to coincide with current SIC recurrent training cycles, instead of proposing to require PICs and SICs to attend recurrent training on a 9-month training cycle. This would result in cost savings for small entities. Again, in the proposal the FAA has required improvements that would reduce human error among crewmembers and aircraft dispatchers, particularly in situations with special hazards. Reducing the training cycle for PICs to a 12-month cycle is contrary to the purpose of this rulemaking.

Conclusion. In the proposal, the FAA has required improvements that would reduce human error among crewmembers and aircraft dispatchers, particularly in situations with special hazards. Because these problems are equally incurred by all part 121 air carriers, regardless of size, it would be contrary to our policy for one high level of safety in all part 121 operations to exclude certain operators simply because they are small entities. Thus, the FAA does not consider this to be a significant alternative in accordance with 5 U.S.C. 603(d).

Alternative 2—Extending the final compliance date to 7 years for small entities.

Extending the final compliance date from 5 years to 7 years for small entities reduces the costs to the industry by approximately 40 percent. Under this alternative, the FAA expects that the projected annualized cost of the rule would still be significant for 2 of the 20 operators studied, or 10 percent of the small entities. Since there are 73 known small operators impacted by this rule, this alternative not only does not eliminate the problem for a substantial number of small entities, but also it would be contrary to our policy for one level of safety.

Conclusion:

In the proposal, the FAA has required improvements that would reduce human error among crewmembers and aircraft dispatchers, particularly in situations with special hazards. Because these problems are equally incurred by all part 121 air carriers, regardless of size, it would be contrary to our policy for one high level of safety in all part 121 operations to exclude certain operators simply because they are small entities. Thus, the FAA does not consider this to be a significant alternative in accordance with 5 U.S.C. 603(d).

Based on this analysis, the FAA expects that subpart BB may have a significant impact on small entities. Please provide comment on any or all provisions in the rule with regard to the impact of the provisions on small entities, including any benefits and costs, as well as any alternatives that would meet the FAA's safety objectives but also result in reducing the costs and burdens for these small entities. All comments must be accompanied with clear and detailed supporting data.

B. Initial Regulatory Flexibility Determination for Subpart CC

In accordance with the Regulatory Flexibility Act of 1980 (RFA) the FAA reviewed subpart CC to determine

whether there would be a significant economic impact on a substantial number of small entities. Over a 10-year period, enactment of subpart CC would impose costs of $25,500 ($18,400, discounted) per small entity or applicant (see Appendix I in the full regulatory evaluation, available in the docket, for further details). The Small Business Administration size standard for “small” air carrier is 1,500 or fewer employees, as defined in 13 CFR 121.201, NAICS Code 48111 (2008). A review of the air carriers listed by the FAA concluded that 73 of the firms met this criterion, which employ on average 13 dispatchers. These dispatchers would incur a one-time cost for the initial and transition dispatchers' training and an annual cost for the recurrent training. Because the initial and transition training costs are different from the recurrent training cost, costs would vary on a per year basis, but the annualized cost per small entity would only be $2,600 ($18,400 × 0.14238), which is less than 1% of the annual revenue of small entities. As a result, subpart CC would not have a significant economic impact on a substantial number of small entities. The FAA, however, invites industry comments and requests that all comments be accompanied with clear and detailed supporting data.

VII. International Trade Impact Assessment

The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this proposed rule and has determined that it would have only a domestic impact and therefore no effect on any trade-sensitive activity.

VIII. Unfunded Mandates Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation with the base year 1995) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $136.1 million in lieu of $100 million.

This proposed rule does not contain such a mandate.

Executive Order 13132, Federalism

The FAA has analyzed this proposed rule under the principles and criteria of Executive Order 13132, Federalism. We determined this action would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government, and therefore would not have federalism implications.

Environmental Analysis

FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this proposed rulemaking action qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or Use

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

Additional Information

Comments Invited

The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, please send only one copy of written comments, or if you are filing comments electronically, please submit your comments only one time.

We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

Proprietary or Confidential Business Information

Do not file in the docket information that you consider to be proprietary or confidential business information. Send or deliver this information directly to the person identified in the

FOR FURTHER INFORMATION CONTACT

section of this document. You must mark the information that you consider proprietary or confidential. If you send the information on a disk or CD-ROM, mark the outside of the disk or CD-ROM and also identify electronically within the disk or CD-ROM the specific information that is proprietary or confidential.

Under 14 CFR 11.35(b), when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and we place a note in the docket that we have received it. If we receive a request to examine or copy this information, we treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). We process such a request under the DOT procedures found in 49 CFR part 7.

Availability of Rulemaking Documents

You can get an electronic copy of rulemaking documents using the Internet by—

1. Searching the Federal eRulemaking Portal (

http://www.regulations.gov

);

2. Visiting the FAA's Regulations and Policies Web page at

http://www.faa.gov/regulations_policies/

; or

3. Accessing the Government Printing Office's Web page at

http://www.gpoaccess.gov/fr/index.html

You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make sure to identify the docket number, notice number, or amendment number of this rulemaking.

You may access all documents the FAA considered in developing this proposed rule, including economic analyses and technical reports, from the Internet through the Federal

eRulemaking Portal referenced in paragraph (1).

List of Subjects

14 CFR Part 65

Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 119

Administrative practice and procedure, Air carriers, Aircraft, Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 121

Air carriers, Aircraft, Aviation safety, Reporting and recordkeeping requirements, Safety, Transportation.

14 CFR Part 135

Air taxis, Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 142

Administrative practice and procedure, Airmen, Educational facilities, Reporting and recordkeeping requirements, Schools, Teachers.

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration proposes to amend Chapter 1 of Title 14, Code of Federal Regulations (CFR) parts 65, 119, 121, 135, and 142, as follows:

PART 65—CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

1. The authority citation for part 65 continues to read as follows:

Authority:

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

2. Amend § 65.57 by revising the introductory text and adding paragraph (c) to read as follows:

§ 65.57

Experience or training requirements.

An applicant for an aircraft dispatcher certificate must present documentary evidence satisfactory to the Administrator that he or she has the experience prescribed in paragraph (a) of this section or has accomplished the training described in paragraph (b) of this section or has completed a dispatcher training program in accordance with paragraph (c) of this section as follows:

(c) Successfully completed an aircraft dispatcher training program approved in accordance with subpart CC of part 121 of this chapter.

3. Amend § 65.70 by revising the introductory text of paragraph (a) to read as follows:

§ 65.70

Aircraft dispatcher certification courses: Records.

(a) The operator of a part 65 appendix A aircraft dispatcher course must maintain a record for each student, including a chronological log of all instructors, subjects covered, and course examination and results. The record must be retained for at least 3 years after graduation. The course operator must also prepare for its records, and transmit to the Administrator not later than January 31 of each year, a report containing the following information for the previous year:

PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

4. The authority citation for part 119 continues to read as follows:

Authority:

49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105.

5. Amend § 119.65 by adding new paragraph (a)(6) to read as follows:

§ 119.65

Management personnel required for operations conducted under part 121 of this chapter.

(a) * * *

(6) At least one line qualified check pilot, and, if appropriate, at least one check flight engineer, for each aircraft make and model and aircraft type for which the certificate holder has more than five pilots. A check pilot or check flight engineer may hold the additional position of Director of Safety, Director of Operations, or Chief Pilot, if the check pilot or check flight engineer meets the requirements of the additional position.

6. Amend § 119.67 by adding paragraph (f) to read as follows:

§ 119.67

Management personnel: Qualifications for operations conducted under part 121 of this chapter.

(f) To serve as a Check Pilot or Check Flight Engineer for an aircraft type under § 119.65(a) a person must be qualified in accordance with §§ 121.1251, 121.1253, and 121.1255 of this chapter.

7. Amend § 119.69 by adding paragraph (a)(4) to read as follows:

§ 119.69

Management personnel required for operations conducted under part 135 of this chapter.

(a) * * *

(4) A line qualified check pilot or check flight engineer for each aircraft make and model and aircraft type for which the certificate holder has more than five pilots and is required to have, or elects to have, an approved training program under part 121 of this chapter. A check pilot or check flight engineer can hold the additional position of Director of Safety, Director of Operations, or Chief Pilot, if the check pilot or check flight engineer meets the requirements of the additional position.

8. Amend § 119.71 by redesignating paragraphs (e) and (f) as paragraphs (f) and (g) and adding a new paragraph (e) to read as follows:

§ 119.71

Management personnel: Qualifications for operations conducted under part 135 of this chapter.

(e) To serve as a Check Pilot for an aircraft make and model and aircraft type under § 119.69 a person must be qualified in accordance with § 121.1251 of this chapter.

PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS

9. The authority citation for part 121 continues to read as follows:

Authority:

49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 44912, 46105.

10. Revise § 121.1(c) to read as follows:

§ 121.1

Applicability.

(c) Each person who applies for initial or provisional approval of an Advanced Qualification Program curriculum, curriculum segment, or portion of a curriculum under subpart Y of this part and each person employed or used by a person authorized to conduct operations under this part to perform training, qualification, or evaluation functions in accordance with an Advanced Qualification Program under subpart Y of this part.

11. Add new § 121.9 to read as follows:

§ 121.9

Fraud, falsification, or incorrect statements.

(a) No person may make, or cause to be made, any of the following:

(1) A fraudulent or intentionally false statement in any application or any amendment thereto, or in any other record or test result required by this part or by any QPS associated with this part.

(2) A fraudulent or intentionally false statement in, or a known omission from, any record or report that is kept, made, or used to show compliance with this part or with any QPS associated with this part, or to exercise any privileges under this chapter.

(b) The commission by any person of any act prohibited under paragraph (a) of this section is a basis for any one or any combination of the following:

(1) A civil penalty.

(2) Suspension or revocation of any certificate held by that person that was issued under this chapter.

(3) The denial of an application for approval of a training program established under this part.

(4) The removal of approval for a training program established under this part.

(c) The following may result in denial of an application or removal of approval for a training program established under this part:

(1) An incorrect statement, upon which the FAA relied or could have relied, made in support of an application for approval of a training program.

(2) An incorrect entry, on which the FAA relied or could have relied, made in any training records or test results required to be kept, made, or used to show compliance with any requirement of this part or with any QPS associated with this subpart.

12. Revise § 121.133 to read as follows:

§ 121.133

Preparation.

(a) Each certificate holder must prepare and keep current a manual for the use and guidance of flight and ground operations, and management personnel in conducting its operations.

(b) The certificate holder may prepare the manual, in whole or in part, in printed form or other form acceptable to the Administrator. The manual must include the instructions and information necessary to allow crewmembers or aircraft dispatchers to perform their required safety related duties and responsibilities with the highest possible degree of safety. The manual, and any changes, must be approved by the Administrator and contain the following:

(1) A Flight Attendant Operating Manual (FAOM) for all of the aircraft types operated by the certificate holder in operations under this part.

(2) A Flight Crewmember Operating Manual (FCOM) for each aircraft type operated by the certificate holder in operations under this part.

(3) An Aircraft Dispatcher Procedures Manual (ADPM) for all types of operations and aircraft types, if required.

13. Amend § 121.135 by revising paragraph (b)(16), redesignating paragraph (b)(26) as (b)(28), and adding new paragraphs (b)(26) and (b)(27) to read as follows:

§ 121.135

Manual contents.

(b) * * *

(16) Each training program curriculum required by § 121.1333.

(26) Each task specified in each of the crewmember and aircraft dispatcher Qualification Performance Standards (QPS) must be tailored to the specific aircraft type as provided in the FAOM, FCOM, or ADPM and must be trained or evaluated as indicated in the appropriate QPS.

(27) Each FCOM must also include the contents described in § 23.1581(a)(1) or § 25.1581(a)(1), as appropriate for the specific aircraft type.

14. Revise § 121.141 to read as follows:

§ 121.141

Airplane Flight Manual.

Each certificate holder must keep a current approved Airplane Flight Manual for each type of airplane that it operates except for nontransport category aircraft certificated before January 1, 1965.

15. Add new § 121.392 to read as follows:

§ 121.392

Personnel identified as flight attendants.

(a) Any person identified by the certificate holder as a flight attendant on an aircraft in operations under this part must be trained and qualified in accordance with subpart BB of this part. This includes:

(1) Flight attendants provided by the certificate holder in excess of the number required by § 121.391(a) and (b);

(2) Flight attendants provided by the certificate holder on an aircraft having a passenger seating capacity of 9 or less; and

(3) Flight attendants provided by the certificate holder on an aircraft with a payload capacity of 7,500 pounds or less and a passenger seating capacity of 19 or less.

(b) Any person serving as a crewmember on an aircraft in operations under this part, who has not completed the requirements of § 121.1301(a)(1) and (a)(2) for the certificate holder, may not be identified to passengers as a flight attendant.

§ 121.393

[Amended]

16. Amend § 121.393(a) by removing the reference to “§ 121.417” and adding in its place “§ 121.1373 or 121.417, as applicable”.

17. Amend § 121.400 by adding paragraph (d) and a note to paragraph (d), to read as follows:

§ 121.400

Applicability and terms used.

(d) Except for § 121.429, the provisions of this subpart, and Appendices E, F, and H of this part, expire on [date 5 years and 120 days after publication of the final rule]. After [date 5 years and 120 days after publication of the final rule], all training programs must be established and maintained in accordance with the provisions in subparts BB and CC of this part, or in accordance with the certificate holder's approved Advanced Qualification Program under subpart Y of this part.

Note to paragraph (d):

See

§§ 121.1202 and 121.1402 for provisions outlining the process for transitioning from training programs established in accordance with subparts N, O, and P of this part, to the training program requirements provided in subparts BB and CC of this part.

18. Amend § 121.431 by adding paragraph (c), and a note to paragraph (c), to read as follows:

§ 121.431

Applicability.

(c) Except for §§ 121.455, 121.457, 121.458, and 121.459, the provisions of this subpart, and Appendices E, F, and H of this part, expire on [date 5 years and 120 days after publication of the final rule]. After [date 5 years and 120 days after publication of the final rule], all training programs must be established and maintained in accordance with the provisions in subparts BB and CC of this part, or in accordance with the certificate holder's approved Advanced Qualification Program under subpart Y of this part.

Note to paragraph (c):

See

§ 121.461

[Amended]

19. Amend § 121.461 by removing the words “Qualifications and” from paragraph (a).

§ 121.463

[Removed]

20. Remove § 121.463.

§ 121.465

[Amended]

21. Amend § 121.465 by removing paragraph (c).

22. Add § 121.540 to read as follows:

§ 121.540

Manual procedures requirements.

Each crewmember must perform and each certificate holder must ensure that each crewmember performs the respective job function in accordance with the information, instructions, duties, and responsibilities contained in the manual required by § 121.133. The information, instructions, duties, and responsibilities must include standard operating procedures, abnormal procedures, non-normal procedures, emergency procedures, airplane performance, and airplane limitations.

23. Amend § 121.543 by adding paragraph (c), to read as follows:

§ 121.543

Flight crewmembers at controls.

(c) The requirements of § 121.543 will expire on [date 5 years and 120 days after publication of the final rule]. After [date 5 years and 120 days after publication of the final rule], the requirements of § 121.1241 apply.

24. Revise § 121.683 to read as follows:

§ 121.683

Crewmember and dispatcher record.

(a) Each certificate holder must maintain current records for each crewmember and dispatcher in accordance with the following requirements:

(1) The records must show whether the crewmember or aircraft dispatcher complies with the applicable sections of this chapter, including proficiency and route checks, airplane and route qualifications, training, and all required physical examinations, flight time, and duty and rest periods.

(2) Training records must include qualifications, instruction, certificate and ratings, and satisfactory proficiency evaluations. For flight crewmembers, the training records must also include both satisfactory and unsatisfactory performance evaluations and comments and evaluations made by an evaluator designated under §§ 121.1251, 121.1271, 125.295, or 135.337 of this chapter.

(3) For flight crewmembers and aircraft dispatchers, records must show any disciplinary action that was taken with respect to the individual that was not later overturned.

(4) For flight crewmembers and aircraft dispatchers, records must show any release from employment or resignation, termination, or disqualification with respect to employment.

(b) Except for records on flight time, and duty and rest periods, crewmember and aircraft dispatcher records must be maintained for at least 5 years. Flight attendant records must be maintained for at least 12 months. For aircraft dispatchers, records kept under paragraph (a)(4) of this section must be kept for 6 months.

(c) Each certificate holder conducting supplemental operations must maintain the records required by this section at its principal base of operations, or at another location used by it and approved by the Administrator.

(d) Computer record systems approved by the Administrator may be used in complying with the requirements of this section.

25. Amend § 121.805 by removing paragraph (b)(4), redesignating paragraph (b)(5) as paragraph (b)(4), and revising the newly redesignated paragraph paragraph (b)(4)(iii), to read as follows:

§ 121.805

Crewmember training for in-flight medical events.

(b) * * *

(4) * * *

(iii) Recurrent training, to include performance drills, in the proper use of an automated external defibrillator and in cardiopulmonary resuscitation at least once every 12 months.

§ 121.901

[Amended]

26. Amend § 121.901(b) by removing the reference to “§ 121.401” and adding in its place “§ 121.1331, or the provisions of subpart N and O of this part, as applicable”.

§ 121.909

[Amended]

27. Amend § 121.909(d) by removing the reference to “§ 121.405(e)” and adding in its place “§ 121.1337(e) or § 121.405, as applicable”.

28. Add subpart BB to part 121 consisting of §§ 121.1201 through 121.1391 to read as follows:

Subpart BB—Requirements for Qualification, Service, and Use of Crewmembers

General

Sec.

121.1201

Applicability.

121.1202

Interim requirements for training programs transitioning from the requirements of subparts N and O.

121.1203

Certificate holder responsibility for compliance with this subpart.

121.1205

Definitions.

121.1207

Certification requirements: Crewmembers, flight instructors, check pilots, check captain, and check flight engineers.

121.1209

English language requirement.

121.1211

Medical certificate requirements.

121.1213

Pilot monitoring (not flying) duties.

Flight Crewmember

121.1221

Flight Crewmember: Training and evaluation.

121.1223

Flight Crewmember: Recurrent training and evaluation schedule for continuing qualification.

121.1225

Flight Crewmember: Operating experience.

121.1227

Pilot: Consolidation.

121.1229

Pilot: Recent experience.

121.1231

Flight engineer: Recent experience.

121.1233

Line checks.

121.1235

Pilot: Routes and airports.

121.1237

Pilot: Operating limitations and crew pairing.

121.1239

Flight crewmember: Requalification.

121.1241

Flight crewmembers at controls.

Check Pilot and Check Flight Engineer Qualification

121.1251

Eligibility: Check pilot, check flight engineer, Aircrew Program Designee (APD), and Flight instructor.

121.1253

Check pilot and check flight engineer: Training, evaluation, approval, and recent experience.

121.1255

Check captain: Additional training requirements.

121.1257

Check pilot, check captain, and check flight engineer: Initial cadre.

Aircrew Program Designee Qualification

121.1271

Aircrew Program Designee (APD): Training, evaluation, and recent experience.

Flight Instructor Qualification

121.1281

Flight instructor: Qualification and training.

Flight Attendant Instructor Qualification

121.1291

Flight attendant instructor: Qualification and training.

Flight Attendant

121.1301

Flight attendant: Training and evaluation.

121.1303

Flight attendant: Continuing qualification.

121.1305

Flight attendant: Aircraft operating experience.

121.1307

Flight attendant: Recent experience.

121.1309

Flight attendant: Requalification.

Check Flight Attendant Qualification

121.1321

Check flight attendant: Eligibility, approval, qualification, and continuing qualification.

121.1323

Check flight attendant: Initial cadre.

General Training Program Requirements

121.1331

Training program: General.

121.1333

Training program: General curriculum by aircraft type.

121.1335

Training program: Category of training programmed hours.

121.1337

Training program: Approval and amendment process.

121.1339

Training program: Special rules.

121.1341

Training program: Administering training, evaluation, and operating experience.

121.1343

Training program: Knowledge and comprehension assessment.

121.1345

Training program: Mandatory use of flight simulation training devices.

121.1347

Training program: Qualification and approval of qualified flight simulation training devices.

121.1349

Training program: Limitations on the use of flight simulation training devices.

121.1351

Training program: Training equipment other than flight simulation training devices.

121.1353

Training program: Line Oriented Flight Training (LOFT) and Flight Simulation Training Device (FSTD) Course of Instruction.

121.1355

Training program: Continuous analysis process.

Training Category Requirements

121.1361

Training category requirements: Standards used in academic and job performance training segments.

121.1363

Training category requirements: Crewmember new hire.

121.1365

Training category requirements: Pilot and flight engineer initial, conversion, transition, and upgrade, academic and job performance training.

121.1367

Training category requirements: Pilot and flight engineer recurrent academic, recurrent job performance, and recurrent aircraft emergency equipment training.

121.1369

Training category requirements: Flight attendant initial and transition training.

121.1371

Training category requirements: Flight attendant eligibility for transition training.

121.1373

Training category requirements: Flight attendant emergency training.

121.1375

Training category requirements: Flight attendant recurrent training.

121.1377

Training category requirements: Flight instructor initial, transition, and recurrent academic training.

121.1379

Training category requirements: Flight instructor initial and transition job performance training.

121.1381

Training category requirements: Check pilot, check flight engineer, or check flight attendant initial, transition, and recurrent academic training.

121.1383

Training category requirements: Check pilot and check flight engineer initial, transition, and recurrent job performance training.

121.1385

Qualification requirements: Check pilots authorized to conduct line checks.

121.1387

Training category requirements: Initial, transition, and recurrent academic training for persons authorized to administer flight attendant proficiency tests.

Other Training Requirements

121.1391

Differences training and evaluation.

Subpart BB—Requirements for Qualification, Service, and Use of Crewmembers

General

§ 121.1201

Applicability.

(a) This subpart prescribes the following:

(1) Requirements for qualification, service, and use for:

(i) Persons who serve in operations under this part as crewmembers, flight instructors, check pilots, check flight engineers, aircrew program designees (APDs), flight attendant instructors, check flight attendants, or persons authorized to conduct flight attendant proficiency tests.

(ii) Persons who serve in operations under part 135 of this chapter for a certificate holder that is permitted or required by § 135.3 of this chapter to conduct training curricula in compliance with this subpart.

(2) Requirements applicable to each certificate holder for establishing, obtaining approval of, and maintaining a training program, for crewmembers, flight instructors, check pilots, check flight engineers, APDs, flight attendant instructors, check flight attendants, and persons authorized to conduct flight attendant proficiency tests, who serve under this part.

(3) Requirements applicable to persons other than the certificate holder's employees who are used by the certificate holder to assist in meeting the certificate holder's responsibilities under this subpart.

(b) Any person qualified in a duty position for the certificate holder before [date 120 days after publication of the final rule], or qualified under the provisions in subparts N and O of this part, may continue to serve in that duty position for that certificate holder without complying with new hire training under § 121.1363, initial training under § 121.1365 or § 121.1369, operating experience under § 121.1305, or emergency training under § 121.1373.

§ 121.1202

Interim requirements for training programs transitioning from the requirements of subparts N and O.

(a) Contrary provisions of this subpart notwithstanding, a person who has submitted a training program for approval before [date 120 days after publication of the final rule] that was constructed in accordance with the applicable provisions of subparts N and O of this part in effect on or before [date 119 days after publication of the final rule], may complete the approval and implementation process and conduct operations in compliance with the applicable provisions of subparts N and O of this part instead of the provisions of subpart BB of this part.

(b) A certificate holder must submit a transition plan to the FAA no later than [date 4 years and 120 days after publication of the final rule]. The transition plan must include the following:

(1) Subpart BB training program(s), as applicable.

(2) Plan for transition for crewmembers from the provisions of subparts N and O to the provisions of subpart BB of this part.

(3) A transition completion date that is before [date 5 years and 120 days after the publication of the final rule].

(c) During the transition, the certificate holder may use people to conduct operations under this part provided those people are trained under the applicable provisions of subparts N and O of this part, or subpart BB of this part. While a certificate holder may simultaneously operate training programs in compliance with the applicable provisions of subparts N and O of this part and subpart BB of this part, each individual (crewmember or aircraft dispatcher) must be trained and qualified under the requirements of either the applicable provisions of subparts N and O of this part, or the applicable provisions of subpart BB of this part.

(d) The certificate holder may not use a crewmember, nor may a crewmember serve, in a duty position unless that person is current and qualified to perform the duties to which he or she is assigned. If, during the operation of the aircraft, one required crewmember is current and qualified in accordance with the appropriate provisions of subparts N and O of this part, and another required crewmember is current and qualified in accordance with subpart BB of this part, the lesser operating requirements apply for that duty position for that operation.

§ 121.1203

Certificate holder responsibility for compliance with this subpart.

Responsibility for compliance with the requirements of this subpart applies as follows:

(a) Each certificate holder is responsible for ensuring that its approved training program, including all portions of the training program conducted by persons other than the part 119 certificate holder's employees, meets the requirements of this subpart.

(b) Each certificate holder is responsible for ensuring that all training program procedures, manuals, and other materials submitted for initial or final approval are kept up to date.

(c) Each certificate holder is responsible for ensuring that all training and evaluation is completed in accordance with the requirements of this subpart. Training or evaluation that does not meet the definition of complete, as used in this subpart, must be repeated to ensure that the requirements of this subpart are met.

§ 121.1205

Definitions.

For the purpose of this subpart, the following terms and their definitions apply:

Academic training

. The structured training conducted on the ground in a classroom or other location for the purpose of acquiring knowledge, procedural skills, and cognitive skills needed to perform in operations under this part.

Actual fire

. A fire fueled by ignited combustible material, in controlled conditions, of sufficient magnitude and duration to complete crewmember training requirements for the firefighting drill as contained in the Pilot QPS, Flight Engineer QPS, and Flight Attendant QPS.

Airplane Flight Manual (AFM)

. A document that contains aircraft operating limitations, operating procedures, and performance information. The FAA may review and approve amendments to the operating limitations section of the AFM. Amendments to the AFM that are adopted via Airworthiness Directives are enforceable by the FAA.

Approved fire extinguisher device

. A training device that has been approved by the Administrator for use in meeting crewmember training requirements for operation of a specific type of aircraft installed hand fire extinguisher as contained in the Pilot QPS, Flight Engineer QPS, and Flight Attendant QPS.

Approved protective breathing equipment (PBE) device

. A training device that has been approved by the Administrator for use in meeting crewmember training requirements for operation of a specific type of protective breathing equipment as contained in the Pilot, Flight Engineer and Flight Attendant QPS.

Base month

. The month in which a recurrent activity is due.

Basic Qualification (flight attendant)

. All requirements that a person must complete prior to working his or her first flight for a certificate holder as a flight attendant. It includes new hire training, initial training, emergency training, and differences training, as applicable, as well as aircraft operating experience.

Categories of training

. Parts of a curriculum that relate to qualification experience levels, first time qualification for a certificate holder, first time qualification in group (applicable to flight crewmembers), configuration differences within type or series, maintaining and regaining qualification, and changes in operations. Categories of training include: New hire, initial, transition, conversion (full and core), upgrade (full and core), emergency, differences, recurrent, requalification, and special.

Certificate holder

. A person certificated under part 119 of this chapter that conducts operations under part 121, or a person certificated under part 119 of this chapter that conducts operations under part 135 of this chapter and is permitted or required by § 135.3 of this chapter to conduct training curricula in compliance with this subpart.

Check captain

. A person qualified as pilot in command who is current and qualified on the navigation system necessary for the route to be flown and the aircraft on which he or she will be supervising operating experience, and who is specifically approved by the Principal Operations Inspector for supervising operating experience.

Check flight attendant

. A person who meets the qualification and training requirements for a check flight attendant and is authorized to evaluate a person who is completing aircraft operating experience as required by the Flight Attendant QPS.

Check person

. A person who meets the training and qualification requirements to serve as an aircrew program designee, check pilot, check flight engineer, or check flight attendant.

Combat

. To properly fight an actual fire or simulated fire using an appropriate type of fire extinguisher until that fire is extinguished.

Complete

. To fully carry out the training or evaluation required by this subpart, including being eligible to receive or administer the training or evaluation, and demonstrating the required level of proficiency. In addition, for flight crewmembers, performing the training or evaluation in a flight simulation training device (FSTD) appropriately qualified in accordance with the requirements of part 60 of this chapter.

Consolidation

. The process by which a person through practice and practical experience increases proficiency in newly acquired knowledge and skills.

Conversion training

. A category of training used to qualify a person as a flight crewmember for a certificate holder when the person has been previously qualified in the same crewmember duty position in the same aircraft type(s) for another certificate holder conducting operations under this part. Conversion training may be required to reestablish recency or for Requalification training for the certificate holder. Conversion training may be either “core” or “full” as specified in the QPS.

Crewmember Duty Position

. A crewmember duty position is a pilot in command, second in command, flight engineer, or flight attendant serving in operations under this part.

Current

. Current means satisfying the recency of experience requirements prescribed in § 121.1229, § 121.1231, or § 121.1307.

Currently Serving

. Currently serving means current and qualified as defined in this subpart.

Curriculum

. A curriculum is the training required to qualify a person for a crewmember duty position or a training or evaluation duty position for an aircraft type. The curriculum for each duty position includes categories of training and the appropriate segments for each category.

Differences training

. A category of training on a particular aircraft type when the Administrator finds additional training is necessary before that person serves in the same capacity on a particular variation within a series of an aircraft type or a different series within an aircraft type.

Eligibility Period

. The eligibility period consists of the month in which the recurrent activity is due (the “base month”), the month before and the month after (the “grace month”).

Emergency training (flight attendant)

. A category of training that qualifies flight attendants to conduct emergency procedures, operate emergency equipment, and enhance passenger and crewmember survivability.

Environment

. A combination of external, physical, and surrounding conditions that affect aircraft performance, aircraft and equipment operation, and decisionmaking.

Evaluation

. Any testing, checking, proficiency review or observation activities in which a person's knowledge and skills are assessed by a person authorized to perform that evaluation.

Exit device

. Exit device means emergency exit doors, plugs, and hatches, including window exits, floor level exits, tailcone exits, ventral stairs, flight deck exits, and any other exit designed for passenger or crewmember egress from the aircraft.

Flight Attendant Jumpseat

. A flight attendant jumpseat is a seat located in the cabin of an aircraft that meets the requirements of § 121.311(g).

Flight Attendant Operating Manual (FAOM)

. An FAA-approved document that includes the instructions and information necessary to allow the flight attendant to perform his or her required safety related duties and responsibilities with the highest possible degree of safety. The FAOM contains standard operating procedures, abnormal or non-normal procedures, and emergency procedures.

Flight Crewmember

. A pilot in command, second in command, or flight engineer.

Flight Crewmember Operating Manual (FCOM)

. An FAA-approved document that includes the instructions and information necessary to allow a flight crewmember to perform his or her required safety related duties and responsibilities with the highest possible degree of safety. The FCOM contains standard operating procedures, abnormal or non-normal procedures, and emergency procedures. The FCOM also contains information such as ground and flight operations tasks, flight deck checklists, systems descriptions, and evacuation procedures.

Flight tasks

. The maneuvers and procedures necessary to operate the aircraft in various phases of flight operations and environments.

Group

. A broad categorization of aircraft based on propulsion methods. Group I is propeller driven, including reciprocating powered and turbopropeller powered. Group II is turbojet powered.

Initial Cadre

. The specific persons approved by the FAA for the start-up time frame necessary, not to exceed 24 months, for a new part 119 certificate holder to initiate operations under part 119 of this chapter, or for a current part 119 certificate holder to initiate operations of a new aircraft type not operated previously or to initiate a new type of operation.

Initial training (flight attendant)

. A category of training required to qualify a person to serve as a flight attendant on an aircraft type when the person has not served as a flight attendant for at least 180 days in operations under this part for the certificate holder.

Initial training (flight crewmembers)

. A category of training that is required to qualify a person to serve as a flight crewmember for the first time in group or for the first time in operations under this part.

Initial training (flight instructors, check persons, flight attendant instructors, and persons authorized to conduct flight attendant proficiency tests)

. A category of training that is required to qualify a person to serve for the first time for the certificate holder as a flight instructor, check person, flight attendant instructor, and a person authorized to conduct flight attendant proficiency tests.

Job performance training

. The structured training conducted in an aircraft, in a flight simulation training device approved under part 60 of this chapter, in another training device approved under this part, or in a classroom for the purpose of obtaining required psychomotor skills for crewmembers.

Lesson

. A part of a segment of training. A module could be a lesson, or a module could have several lessons.

Line operating flight time

. Flight time performed in operations under this part.

Line Oriented Flight Training (LOFT)

. Training in a simulator with a complete flight crew using representative flight segments that contain procedures that may be expected in line operations. A qualification LOFT is an approved flight simulator course of LOFT to transition from a structured flight training syllabus to representing line operations. A recurrent LOFT is an approved flight simulator course of LOFT that must be used to meet recurrent job performance training requirements.

Line Qualified

. Qualified to serve as a flight crewmember in operations under this part.

Module

. Modules of instruction are subsets of a training segment that include major subject areas for training and evaluation.

Month

. Calendar month.

New Hire training

. A category of training required to qualify a person to serve as a crewmember for the first time for the certificate holder under this part.

Observation Drill

. Observation drill means a drill where a person watches without actively participating in the training or evaluation.

Observer Seat

. An observer seat is a seat on the flight deck, or a forward passenger seat with headset or speaker, that provides adequate visibility of the flight controls, instruments, and external views that is used by the FAA for conducting en route inspections.

Operating cycle

. A complete flight segment consisting of the time from push back/power back, taxi out, takeoff, climb, en route portion, descent, landing, taxi in, parking, and shutdown.

Practice

. A physical or verbal exercise of skills in an instructor led environment that encourages interaction among participants for the specific area of knowledge.

Procedure

. A procedure is a step-by-step method used to complete a specific task. Types of procedures are:

(1)

Standard operating procedure

. A procedure associated with systems that are functioning in their usual manner.

(2)

Abnormal or Non-normal operating procedure

. A procedure associated with systems that are not functioning in their usual manner and that require crewmember action for continued safe flight and landing.

(3)

Emergency procedure

. A procedure requiring immediate crewmember action to protect the aircraft and occupants from serious harm.

Proficiency

. Demonstrated sufficient awareness of existing circumstances, competence in the necessary knowledge and skill, and performance of the relevant task (maneuver or procedure) within the operating range of environments to the standards identified and required by the appropriate QPS.

Proficiency check

. An assessment of crewmember proficiency during which limited training or practice is allowed. The assessment is of knowledge and skill in tasks to the standards identified and required by the appropriate QPS. The proficiency check must be conducted by a check person.

Proficiency review

. An assessment of pilot or flight engineer proficiency during which limited training or practice is allowed. The assessment is of knowledge and skill in tasks to the standards identified and required by the appropriate QPS. The proficiency review must be conducted by a check person, or a flight instructor authorized to conduct proficiency reviews.

Proficiency test

. An assessment of crewmember proficiency during which additional training or practice is not allowed. The assessment is of knowledge and skill in tasks to the standards identified and required by the appropriate QPS. For flight crewmembers, when a proficiency test is not for the purpose of obtaining an airman certificate or rating, it must be conducted by a check pilot. When a proficiency test is conducted for the purpose of obtaining an airman certificate or rating, it must be conducted by an APD or an FAA Inspector. For flight attendants, the proficiency test may only be conducted by a person authorized to administer flight attendant proficiency tests or an FAA Inspector.

Programmed hours

. The required academic and job performance hours set forth in this subpart for categories of training.

Protective Breathing Equipment (PBE) drill

. An emergency drill in which a crewmember combats an actual fire or simulated fire while using PBE.

Qualification Performance Standards (QPS)

. FAA standards providing all of the tasks and areas of training and evaluation, including activities, procedures, and knowledge needed to qualify a person to serve under this part. The QPSs are in part 121 appendices as follows: appendix Q: Pilot Qualification Performance Standards; appendix R: Flight Engineer Qualification Performance Standards; appendix S: Flight Attendant Qualification Performance Standards; and appendix T, Aircraft Dispatcher Qualification Performance Standards.

Qualified

. Qualified, when used in reference to an individual, means:

(1) For a flight attendant crewmember duty position or a flight attendant training or evaluation duty position, an individual who has completed the certificate holder's FAA-approved curriculum for the aircraft type to serve in that position under this part.

(2) For a flight crewmember duty position or a flight crewmember training or evaluation duty position, an individual who has completed the certificate holder's FAA-approved curriculum for the aircraft type to serve in that position under this part and holds the appropriate U.S. medical certificate and airman certificates and ratings.

Recurrent Flight Attendant Training Cycle

. The 12 month period in which required tasks are trained and evaluated in accordance with the Flight Attendant QPS.

Recurrent training

. A category of training that must be completed within the specified eligibility period to enable a qualified person to continue to serve in a crewmember duty position or a training or evaluation duty position for the certificate holder under this part.

Requalification training

. A category of training required to allow crewmembers to become qualified again to serve in a crewmember duty position for the certificate holder in operations under this part.

Segments of training

. Each category of training has two segments. One segment is “academic.” This is training and evaluation that provides students with the required knowledge and cognitive skills necessary to perform the tasks required for the crewmember duty position or training or evaluation duty position. The other segment is “job performance.” This segment is training and evaluation in the duty or job setting. This segment provides students with the practical, hands on experience of integrating knowledge and skills and learning the related motor skills necessary to perform the job.

Serve

. To perform the duties and discharge the responsibilities required under this part.

Simulated fire

. An artificial duplication of smoke or flame used to create various aircraft firefighting scenarios, such as lavatory, galley oven, and aircraft seat fires.

Simulator Only Instructors and Check Persons

. Simulator Only Instructors and Check Persons are persons who have completed the training necessary to qualify as a crewmember and meet the recency of experience requirements prescribed in this subpart, as applicable, but may not serve as a required flight crewmember in operations under this part.

Special training

. A category of training necessary to address changes to the certificate holder's operations or to correct deficiencies identified by the certificate holder's continuous analysis process. Special training is temporary and is integrated into the approved training program.

Training

. Instruction and practice.

Training center evaluator

. An individual who meets the requirements of § 142.55 of this chapter.

Training or Evaluation Duty Position

. Flight instructors, flight attendant instructors, check persons, check captains, and persons authorized to conduct flight attendant proficiency tests.

Training program

. A certificate holder's training curricula, personnel, facilities, equipment, and other resources used to meet the training requirements under this subpart.

Transition training (check persons and persons authorized to conduct flight attendant proficiency tests)

. A category of training required to qualify check persons and persons authorized to conduct flight attendant proficiency tests to serve in a training or evaluation duty position on an aircraft type for the certificate holder when they have previously served in the same training or evaluation duty position on a different aircraft type in the same group for that certificate holder.

Transition training (flight attendants)

. A category of training that allows a flight attendant to qualify on an aircraft type if the flight attendant has been qualified for at least 180 days and served in the previous 180 days on an aircraft as a flight attendant for that certificate holder.

Transition training (flight crewmembers)

. A category of training required to qualify flight crewmembers who have qualified and served in the same duty position on a different aircraft type in the same group in operations under this part.

Upgrade training

. Refers to core upgrade or full upgrade training.

(1)

Core Upgrade:

A category of training required to qualify flight crewmembers as either PIC or SIC in an aircraft type in which they have been previously qualified and served as SIC or flight engineer respectively for that certificate holder. A pilot may complete core upgrade when it has been 9 months or less since the person served as SIC or flight engineer for that certificate holder.

(2)

Full Upgrade

. A category of training required to qualify flight crewmembers as either PIC or SIC in an aircraft type in which they have been previously qualified and served as SIC or flight engineer respectively. A pilot may complete full upgrade when it has been more than 9 months but less than 36 months since the person has qualified and served as SIC or flight engineer for that certificate holder, or when it has been 36 months or less since the person served as SIC or flight engineer for another certificate holder in operations under this part.

§ 121.1207

Certification requirements: Crewmembers, flight instructors, check pilots, check captain, and check flight engineers.

(a) No certificate holder may use any person, nor may any person serve, as a crewmember, flight instructor, check pilot, check captain, or check flight engineer in a training program or in operations under this part, unless that person meets the following requirements, as applicable:

(1)

Pilots

(i) To act as pilot in command of an aircraft, or as second in command of an aircraft that requires three or more pilots in a flag or supplemental operation, a pilot must hold an airline transport pilot certificate and an appropriate type, category, and class rating for that aircraft.

(ii) To act as a second in command of an aircraft that requires only two pilots in flag operations or in international supplemental operations, a pilot must hold at least a commercial pilot certificate with appropriate type, category, and class ratings for that aircraft, and an instrument rating.

(iii) To act as a second in command in domestic operations, a pilot must hold at least a commercial pilot certificate with appropriate category and class ratings for that aircraft, and an instrument rating.

(2)

Flight Engineers

. To serve as a flight engineer, a person must hold a flight engineer certificate with the appropriate aircraft class rating.

(3)

Flight Instructors, Check Pilots, Check Captains, and Check Flight Engineers

. No person may use, nor may any person serve, as a flight instructor, check pilot, check captain, or check flight engineer in a training program or in operations under this part, with respect to the aircraft type involved, unless the person holds the airman certificates and ratings required to serve as a pilot in command or flight engineer, as applicable, in operations under this part.

(4)

Flight Attendant

. A person is considered to hold a Certificate of Demonstrated Proficiency and is eligible to serve as a flight attendant once the Administrator is notified by a certificate holder that the person has the demonstrated proficiency to be a flight attendant.

(b) A person who is currently serving as a pilot or flight engineer for the certificate holder or a person who is engaged in training and evaluation activities for the certificate holder (as described in § 121.1331(d)) may be issued the appropriate certificate or type rating if that person meets the following requirements:

(1) The applicable eligibility, aeronautical knowledge, and experience required by part 61 or part 63 of this chapter.

(2) The applicable training requirements of this subpart.

(3) The proficiency test requirements of § 121.1365(b)(1). The FAA or an APD must administer the proficiency test.

§ 121.1209

English language requirement.

No certificate holder may use any person, nor may any person serve, as a flight crewmember, flight attendant, or person acquiring flight attendant operating experience in operations under this part, unless that person has demonstrated to an individual qualified to conduct evaluations under this part, that he or she can:

(a) Read, write, speak, and understand the English language.

(b) Have his or her English language and writings understood.

§ 121.1211

Medical certificate requirements.

(a) No certificate holder may use any person, nor may any person serve, on an aircraft as a required flight crewmember in operations under this part unless that person has a valid medical certificate required by § 61.23 or § 63.31 of this chapter, as appropriate for the duty being performed.

(b) No medical certificate is required to serve in an FSTD.

§ 121.1213

Pilot monitoring (not flying) duties.

Each pilot who is seated at the pilot controls of the aircraft or FSTD, while not flying the aircraft or FSTD, is required to accomplish pilot monitoring duties as appropriate in accordance with the FCOM. Pilot monitoring duties are subject to the same oversight and evaluation as pilot flying duties.

Flight Crewmember

§ 121.1221

Flight Crewmember: Training and evaluation.

No certificate holder may use any person, nor may any person se

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