Regulatory Relief: Aviation Training Devices; Pilot Certification, Training, and Pilot Schools; and Other Provisions

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DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61, 63, 91, 121, 135, 141 [Docket No.: FAA-2016-6142; Notice No. 16-02] RIN 2120-AK28 Regulatory Relief: Aviation Training Devices; Pilot Certification, Training, and Pilot Schools; and Other Provisions AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

This rulemaking would relieve burdens on pilots seeking to obtain aeronautical experience, training, and certification by increasing the allowed use of aviation training devices. These training devices have proven to be an effective, safe, and affordable means of obtaining pilot experience. This rulemaking also would address changing technologies by accommodating the use of technically advanced airplanes as an alternative to the use of older complex single engine airplanes for the commercial pilot training and testing requirements. Additionally, this rulemaking would broaden the opportunities for military instructors to obtain civilian ratings based on military experience, would expand opportunities for logging pilot time, and would remove a burden from sport pilot instructors by permitting them to serve as safety pilots. Finally, this rulemaking would include changes to some of the provisions established in an August 2009 final rule. These actions are necessary to bring the regulations in line with current needs and activities of the general aviation training community and pilots.

DATES:

Send comments on or before August 10, 2016.

ADDRESSES:

Send comments identified by docket number FAA-2016-6142 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 Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001

ed by docket number FAA-2016-6142 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 Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.

• Hand Delivery or Courier: Take comments to Docket Operations 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.

• Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations 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:

Marcel Bernard, Airmen Certification and Training Branch, Flight Standards Service, AFS-810, Federal Aviation Administration, 55 M Street SE., 8th Floor, Washington, DC 20003-3522; telephone (202) 267-1100; email marcel.bernard@faa.gov.

SUPPLEMENTARY INFORMATION:

Contents

, Federal Aviation Administration, 55 M Street SE., 8th Floor, Washington, DC 20003-3522; telephone (202) 267-1100; email marcel.bernard@faa.gov.

SUPPLEMENTARY INFORMATION:

Contents

List of Abbreviations Frequently Used In This Document I. Executive Summary Summary of Proposed Provisions II. Authority for this Rulemaking III. Discussion of the Proposed Rule A. Aviation Training Devices 1. Instructor Requirement When Using a Full Flight Simulator, Flight Training Device, or Aviation Training Device To Complete Instrument Recency Experience 2. Instrument Recency Experience Requirements 3. Instrument Recency Experience for SICs Serving in Part 135 Operations B. Pilot Certification, Training, and Pilot Schools 1. Second In Command Time In Part 135 Operations 2. Completion of Commercial Pilot Training and Testing in Technically Advanced Airplanes i. Definition of Technically Advanced Airplane ii. Amendment to Aeronautical Experience Requirement for Commercial Pilots iii. Amendments to Commercial Pilot and Flight Instructor Practical Test Standards C. Flight Instructors With Instrument Ratings Only D. Light-Sport Aircraft Pilots and Flight Instructors 1. Sport Pilot Flight Instructor Training Privilege 2. Credit for Training Obtained as a Sport Pilot E. Pilot School Use of Special Curricula Courses for Renewal of Certificate F. Temporary Validation of Flightcrew Members' Certificates by Part 119 Certificate Holders Conducting Operations Under Parts 121 or 135 G. Military Competence for Flight Instructors H. Use of Aircraft Certificated in the Restricted Category for Pilot Flight Training and Checking I. Single Pilot Operations of Former Military Airplanes and Other Airplanes With Special Airworthiness Certificates J. Technical Correction and Nomenclature Change IV. Discussion of Proposed Effective Dates for Rule Provisions V. Advisory Circulars and other Guidance Materials VI. Section-By-Section Discussion of the Proposed Rule VII. Regulatory Notices and Analyses A. Regulatory Evaluation B

ing I. Single Pilot Operations of Former Military Airplanes and Other Airplanes With Special Airworthiness Certificates J. Technical Correction and Nomenclature Change IV. Discussion of Proposed Effective Dates for Rule Provisions V. Advisory Circulars and other Guidance Materials VI. Section-By-Section Discussion of the Proposed Rule VII. Regulatory Notices and Analyses A. Regulatory Evaluation B. Regulatory Flexibility Determination C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility and Cooperation G. Environmental Analysis VIII. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use C. Executive Order 13609, Promoting International Regulatory Cooperation IX. Additional Information A. Comments Invited B. Availability of Rulemaking Documents List of Abbreviations Frequently Used in This Document

AATD—Advanced aviation training device AC—Advisory Circular ATD—Aviation training device ATP—Airline transport pilot BATD—Basic aviation training device FFS—Full flight simulator FTD—Flight training device FSTD—Flight simulation training device ICAO—International Civil Aviation Organization IFR—Instrument flight rules LOA—Letter of authorization LODA—Letter of deviation authority MFD—Multi-function display NPRM—Notice of proposed rulemaking PFD—Primary flight display PIC—Pilot in command SIC—Second in command TAA—Technically advanced airplane VFR—Visual flight rules I. Executive Summary

On January 18, 2011, the President signed Executive Order 13563, Improving Regulation and Regulatory Review. Among other things, Section 6 of that Executive Order directs agencies to conduct a retrospective analysis of existing rules. Specifically, Executive

Consistent with Executive Order 13563, the FAA routinely evaluates existing regulations and other requirements

rules I. Executive Summary

Consistent with Executive Order 13563, the FAA routinely evaluates existing regulations and other requirements. The FAA works to identify unnecessary, duplicative, or ineffective regulations and to mitigate the impacts of those regulations, where possible, without compromising safety.

As part of the FAA's continuing obligation to review its regulations, the agency has conducted an analysis of 14 CFR parts 61, 91, and 141 to identify provisions that are outmoded, ineffective, or involve an unnecessary burden. This notice of proposed rulemaking (NPRM) is the result of the FAA's analysis of its regulations and includes proposed amendments that are consistent with the retrospective regulatory review requirements of Executive Order 13563. The proposed amendments reduce or relieve existing burdens on the general aviation community. Several of these proposed changes have resulted from suggestions from the general aviation community through petitions for rulemaking, industry/agency meetings, and requests for legal interpretation. The proposed changes include increases in the use of aviation training devices (ATDs), flight training devices (FTDs), and full flight simulators (FFSs); expanding opportunities for pilots in part 135 operations to log flight time, allowing an alternative to the complex airplane requirement for commercial pilot training, and permitting pilots to credit some of their sport pilot training toward a higher certificate. Because this rulemaking includes proposals that affect several disparate subject areas within the regulations, the FAA has provided the necessary background information in the separate sections of this document that discuss each proposed rule change

ex airplane requirement for commercial pilot training, and permitting pilots to credit some of their sport pilot training toward a higher certificate. Because this rulemaking includes proposals that affect several disparate subject areas within the regulations, the FAA has provided the necessary background information in the separate sections of this document that discuss each proposed rule change.

Summary of Proposed Provisions

Table 1 summarizes the provisions included in this rule, the sections affected, and the total cost savings (benefits) for a 5-year analysis period. All of the provisions proposed in this rule are either relieving or voluntary. For those provisions that are relieving, no person affected is anticipated to incur any costs associated with the relieving nature of the provision. The FAA assumes that as these provisions are relieving, all persons affected would use the provisions as they would be beneficial. For those proposed provisions that are voluntary, persons who wish to use the new provisions will do so only if the benefit they would accrue from their use exceeds any cost they might incur to comply with the new provision.

Table 1—Summary of Provisions in the Proposed Rule 1 Provision Summary §§ Affected Total cost savings (benefits) for 5-year analysis period Aviation Training Devices Instructor requirement when using an FFS, FTD, or ATD to complete instrument recency Remove the requirement to have an instructor present when accomplishing flight experience requirements for instrument recency in an FAA-approved FFS, FTD, or ATD 61.51(g)(5) The cost savings benefits equal about $12.1 million or $10.6 million in present value at a 7 percent discount rate. Instrument recency experience requirements Reduce frequency of instrument recency flight experience accomplished exclusively in ATDs from every two months to every six months 61.57(c), 135.245 The cost savings benefits equal about $79.4 million or $69.6 million in present value at a 7 percent discount rate

ts equal about $12.1 million or $10.6 million in present value at a 7 percent discount rate. Instrument recency experience requirements Reduce frequency of instrument recency flight experience accomplished exclusively in ATDs from every two months to every six months 61.57(c), 135.245 The cost savings benefits equal about $79.4 million or $69.6 million in present value at a 7 percent discount rate. Reduce number of tasks and remove three-hour flight time requirement when accomplishing instrument recency flight experience in ATDs Pilot Certification, Training, and Pilot Schools Second in command for part 135 operations Allow a pilot to log SIC flight time in a multi-engine airplane in a part 135 operation that does not require an SIC 61.1, 61.39(a), 61.51(e), (f), 61.159(a), (c), 61.161, 135.99(c), 61.1, 61.129(a)(3)(ii), appendix D to part 141 The FAA considers this to be a minimum cost rule with positive, but difficult to quantify, benefits. Completion of commercial pilot training and testing in technically advanced airplanes (TAA) Allow TAA to be used to meet some or all of the currently required 10 hours of training that must be completed in a complex or turbine-powered airplane for the single engine commercial pilot certificate. TAA could be used in combination with, or instead of, a complex or turbine-powered airplane to meet the aeronautical experience requirement and could be used to complete the practical test The cost savings benefits equal about $9.7 million or $8 million in present value at a 7 percent discount rate. Flight instructors with instrument ratings only Remove the requirement that instrument only instructors have category and class ratings on their flight instructor certificates to provide instrument training 61.195(b), (c) The cost savings benefits equal about $1.7 million or $1.5 million in present value at a 7 percent discount rate

lion or $8 million in present value at a 7 percent discount rate. Flight instructors with instrument ratings only Remove the requirement that instrument only instructors have category and class ratings on their flight instructor certificates to provide instrument training 61.195(b), (c) The cost savings benefits equal about $1.7 million or $1.5 million in present value at a 7 percent discount rate. Sport pilot flight instructor training privilege Allow a sport pilot only instructor to provide training on control and maneuvering solely by reference to the flight instruments (for sport pilot students only) 61.412, 61.415(h), 91.109(c) Sport pilot flight instructors who choose to receive this endorsement have determined that they would be able to recoup this cost by providing training to sport pilot students. Credit for training obtained as a sport pilot Allow sport pilot training to be credited for certain aeronautical experience requirements for a higher certificate or rating 61.99, 61.109(l) If all 5,259 sport pilots choose to use the lower cost option, the cost savings would exceed $8.0 million. We have used $8.0 million as a one-time event in the benefit-cost analysis. Include special curricula courses in renewal of pilot school certificate Allow part 141 pilot schools to count FAA approved “special curricula” course completions (graduates of these courses) toward certificate renewal requirements 141.5(d) This proposed rule provision provides potential unquantified benefits which exceed minimal compliance costs

n as a one-time event in the benefit-cost analysis. Include special curricula courses in renewal of pilot school certificate Allow part 141 pilot schools to count FAA approved “special curricula” course completions (graduates of these courses) toward certificate renewal requirements 141.5(d) This proposed rule provision provides potential unquantified benefits which exceed minimal compliance costs. Other Provisions Temporary validation of flightcrew members' certificates Allow a confirmation document issued by a part 119 certificate holder authorized to conduct operations under part 121 or 135 to serve as a temporary verification of the airman certificate and/or medical certificate during domestic operations for up to 72 hours 61.3(a), 63.3(a), 63.16, 121.383(c), 135.95 This proposed rule would relieve both the FAA and stakeholders from the burden of the exemption process, which must be completed every two years. The cost savings, while real, are small and believed to be de minimis. Military competence for Flight Instructors Allow the addition of a flight instructor rating based on military competency to “simultaneously qualify” for the reinstatement of that expired FAA flight instructor certificate 61.197, 61.199 The cost savings benefits equal about $1.4 million or $1.2 million in present value at a 7 percent discount rate. Restricted Category Aircraft training and testing allowances Allow an operator to request and obtain a letter of deviation authority to conduct training and testing and other directly related activities for employees to obtain a type rating in a restricted category aircraft 91.313 The benefits will exceed costs for those who choose to comply

2 million in present value at a 7 percent discount rate. Restricted Category Aircraft training and testing allowances Allow an operator to request and obtain a letter of deviation authority to conduct training and testing and other directly related activities for employees to obtain a type rating in a restricted category aircraft 91.313 The benefits will exceed costs for those who choose to comply. Single Pilot Operations of Former Military Airplanes and Other Airplanes with Special Airworthiness Certificates Allow pilots to operate certain large and turbojet-powered airplanes (specifically former military and some airplanes not type certificated in the standard category) without a pilot who is designated as SIC 91.531 The benefits will exceed costs for those who choose to comply.

1 The agency recommends that commenters reference the title of the provision to which they are commenting as it appears in the first column of this table for ease of reference.

II. Authority for This Rulemaking

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

This rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires the Administrator to promote safe flight of civil aircraft in air commerce by prescribing regulations and setting minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security; and 49 U.S.C

d in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires the Administrator to promote safe flight of civil aircraft in air commerce by prescribing regulations and setting minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security; and 49 U.S.C. 44703(a), which requires the Administrator to prescribe regulations for the issuance of airman certificates when the Administrator finds, after investigation, that an individual is qualified for, and physically able to perform the duties related to, the position authorized by the certificate. Consistent with this authority and with the retrospective regulatory review requirements of Executive Order 13563, this rulemaking includes certain proposed amendments that would reduce or relieve existing burdens on the general aviation community.

III. Discussion of the Proposed Rule

A. Aviation Training Devices

Since the 1970s, the FAA has gradually expanded the use of flight simulation for training—first permitting simulation to be used in air carrier training programs and eventually permitting pilots to credit time in devices toward the aeronautical experience requirements for airman certification and recency. Currently, Title 14 of the Code of Federal Regulations (14 CFR) part 60 governs the qualification of flight simulation training devices (FSTD) which include FFSs and FTDs levels 4 through 7. The FAA has, however, approved other devices including ATDs for use in pilot certification training, under the authority provided in 14 CFR 61.4(c)

experience requirements for airman certification and recency. Currently, Title 14 of the Code of Federal Regulations (14 CFR) part 60 governs the qualification of flight simulation training devices (FSTD) which include FFSs and FTDs levels 4 through 7. The FAA has, however, approved other devices including ATDs for use in pilot certification training, under the authority provided in 14 CFR 61.4(c). 2

2 Section 61.4(c) states that the “Administrator may approve a device other than a flight simulator or flight training device for specific purposes.”

For over 30 years, the FAA has issued letters of authorization (LOAs) to manufacturers of ground trainers, personal computer-based aviation training devices (PCATD), FTDs (levels 1 through 3), basic aviation training devices (BATD), and advanced aviation training devices (AATD). These LOAs were based on guidance provided in advisory circulars that set forth the qualifications and capabilities for the devices. Prior to 2008, most LOAs were issued under the guidance provided in advisory circular AC 61-126, Qualification and Approval of Personal Computer-Based Aviation Training Devices, and AC 120-45, Airplane Flight Training Device Qualification. Since July 2008, the FAA has been approving devices in accordance with Advisory Circular 61-136, FAA Approval of Basic Aviation Training Devices (BATD) and Advanced Aviation Training Devices (AATD).

In 2009, the FAA issued a final rule that for the first time introduced the term “aviation training device” into the regulations and placed express limits on the amount of instrument time that could be credited in an ATD toward the aeronautical experience requirements for an instrument rating. 3

its on the amount of instrument time that could be credited in an ATD toward the aeronautical experience requirements for an instrument rating. 3

3 In a 2007 NPRM, the FAA proposed to limit the time in a personal computer-based aviation training device that could be credited toward the instrument rating. Pilot, Flight Instructor, and Pilot School Certification NPRM, 72 FR 5806 (February 7, 2007). Three commenters recommended that the FAA use the terms “basic aviation training device” (BATD) and “advanced aviation training device” (AATD). Pilot, Flight Instructor, and Pilot School Certification Final Rule, 74 FR 42500 (August 21, 2009) (“2009 Final Rule”). In response to the commenters, the FAA changed the regulatory text in the final rule to “aviation training device,” noting BATDs and AATDs “as being aviation training devices (ATD) are defined” in an advisory circular.

Since the 2009 final rule, the regulations permit ATDs to be used for the purpose of satisfying instrument recency experience requirements. As set forth in § 61.57, pilots who complete instrument recency experience exclusively in ATDs must complete more tasks at more frequent intervals than those pilots who use aircraft, FFSs, and FTDs.

Despite the limitations on the use of ATDs that were set forth in the 2009 final rule, the FAA had issued hundreds of LOAs to manufacturers of devices that permitted ATDs (as well as ground trainers, PCATDs, and FTDs (levels 1 through 3)) to be used to a greater extent than were ultimately set forth in the regulations. Even after publication of the 2009 final rule, the FAA continued to issue LOAs in excess of the express limitations in the regulations. On January 2, 2014, the FAA published a notice of policy to reissue LOAs to reflect current regulatory requirements. 79 FR 20. The FAA concluded that it could not use LOAs to exceed express limitations that had been placed in the regulations through notice and comment rulemaking

ication of the 2009 final rule, the FAA continued to issue LOAs in excess of the express limitations in the regulations. On January 2, 2014, the FAA published a notice of policy to reissue LOAs to reflect current regulatory requirements. 79 FR 20. The FAA concluded that it could not use LOAs to exceed express limitations that had been placed in the regulations through notice and comment rulemaking.

As discussed further in the following two sections, the FAA is proposing to amend the regulations governing the use of ATDs to increase the use of these devices for instrument training and instrument recency experience requirements above the levels established in the 2009 final rule. In developing this proposed rule, the FAA notes that ATD development has advanced to an impressive level of capability. Many ATDs can simulate weather conditions with variable winds, variable ceilings and visibility, icing, turbulence, high definition (HD) visuals, hundreds of different equipment failure scenarios, navigation specific to current charts and topography, specific navigation and communication equipment use, variable “aircraft specific” performance, and more. The visual and motion component of some of these devices permit maneuvers that require outside visual references in an aircraft to be successfully taught in an AATD. Many of these simulation capabilities were not possible in PCATDs and BATDs that the FAA approved for 10 hours of instrument time.

The FAA believes that permitting pilots to log increased time in ATDs would encourage pilots to practice maneuvers until they are performed to an acceptable level of proficiency. In an ATD, a pilot can replay the training scenario, identify any improper action, and determine corrective actions without undue hazard or risk to persons or property. In this fashion, a pilot can continue to practice tasks and maneuvers in a safe, effective, and cost efficient means of maintaining proficiency

s to practice maneuvers until they are performed to an acceptable level of proficiency. In an ATD, a pilot can replay the training scenario, identify any improper action, and determine corrective actions without undue hazard or risk to persons or property. In this fashion, a pilot can continue to practice tasks and maneuvers in a safe, effective, and cost efficient means of maintaining proficiency.

In a recent notice of proposed rulemaking (NPRM), 4 the FAA proposed to increase the maximum time that may be credited in an ATD toward the aeronautical experience requirements for an instrument rating under § 61.65(i). The NPRM proposed to permit a person to credit a maximum of 20 hours of aeronautical experience acquired in an approved ATD toward the requirements for an instrument rating. By LOA, devices that qualify as AATDs were proposed to be authorized for up to 20 hours of experience to meet the instrument time requirements. Devices that qualify as BATDs were proposed to be authorized, by LOA, for a maximum of 10 hours of experience to meet the instrument time requirements.

4 Aviation Training Device Credit for Pilot Certification, 80 FR 34338 (Jun. 16, 2015).

Based on the comments received to the NPRM, the final rule 5 revised § 61.65 to include a specified allowance of 10 hours for BATDs and 20 hours for AATDs in part 61 (combined use not to exceed 20 hours) for the instrument rating.

5 81 FR 21449 (Apr. 12, 2016).

The NPRM also addressed the use of ATDs in approved instrument rating courses. The NPRM proposed to amend appendix C to part 141 to increase the limit on the amount of training hours that may be accomplished in an ATD in an approved course for an instrument rating. The FAA proposed to allow ATDs to be used for no more than 40% of the total flight training hour requirements in an approved instrument rating course

ddressed the use of ATDs in approved instrument rating courses. The NPRM proposed to amend appendix C to part 141 to increase the limit on the amount of training hours that may be accomplished in an ATD in an approved course for an instrument rating. The FAA proposed to allow ATDs to be used for no more than 40% of the total flight training hour requirements in an approved instrument rating course.

Based on the comments received to the NPRM, the final rule revised appendix C to part 141 to include a specified allowance of 25% of creditable time in BATDs 6 and 40% of creditable time for AATDs under part 141 (not to exceed 40% total time) for the instrument rating.

6 If a course of training is approved under the minimum requirements as prescribed in part 141 Appendix C for the instrument rating (35 hours of training required), 25% in a BATD would equate to 8.75 hours and 40% in an AATD would equate to 14 hours.

The FAA is now proposing to define ATD in § 61.1 as a training device, other than a full flight simulator or flight training device, that has been evaluated, qualified, and approved by the Administrator. The FAA is proposing to add a definition of aviation training device to 61.1 to differentiate ATDs from FFS and FTDs approved under 7

7 The FAA will continue to issue LOAs that allow ATDs to be used to meet other aeronautical experience requirements in parts 61 and 141, including aeronautical experience for pilot certificates and ratings. Currently, the FAA issues LOAs that allow pilots to credit the same amount of time in ATDs as is currently permitted by regulation in FSTDs when the rule is silent on ATD allowances.

1. Instructor Requirement When Using a Full Flight Simulator, Flight Training Device, or Aviation Training Device To Complete Instrument Recency Experience

Currently, pilots who perform instrument recency experience requirements in an aircraft are not required to have an authorized instructor present to observe the time

ermitted by regulation in FSTDs when the rule is silent on ATD allowances.

1. Instructor Requirement When Using a Full Flight Simulator, Flight Training Device, or Aviation Training Device To Complete Instrument Recency Experience

Currently, pilots who perform instrument recency experience requirements in an aircraft are not required to have an authorized instructor present to observe the time. Rather, the pilot can perform the required tasks in actual instrument conditions or in simulated instrument conditions with a safety pilot on board the aircraft. A pilot who accomplishes instrument recency experience in an FFS, FTD, or ATD, however, must have an authorized instructor present to observe the time and sign the pilot's logbook. 14 CFR 61.51(g)(4).

In revising § 61.57 in the 2009 final rule to include the option of using ATDs for meeting instrument recency experience, the preamble indicated that the FAA did not intend for an authorized instructor to be present during instrument recency experience performed in an FSTD or an ATD. It stated: “[A] person who is instrument current or is within the second 6-calendar month period * * * need not have a flight instructor or ground instructor present when accomplishing the approaches, holding, and course intercepting/tracking tasks of § 61.57(c)(1)(i), (ii), and (iii) in an approved flight training device or flight simulator.” 74 FR 42500, 42518. In 2010, the FAA issued a legal interpretation 8 stating that, based on the express language in § 61.51(g)(4), an instructor must be present in order for a pilot to accomplish instrument recency experience in an FSTD or ATD. That interpretation acknowledged, however, that the FAA had indicated in the 2009 preamble some intention to change the requirement but that the change was not reflected in the regulation.

8 Legal Interpretation to Thomas Keller, August 6, 2010

the express language in § 61.51(g)(4), an instructor must be present in order for a pilot to accomplish instrument recency experience in an FSTD or ATD. That interpretation acknowledged, however, that the FAA had indicated in the 2009 preamble some intention to change the requirement but that the change was not reflected in the regulation.

8 Legal Interpretation to Thomas Keller, August 6, 2010.

The FAA is proposing to amend § 61.51(g) by revising paragraph (g)(4) and adding a new paragraph (g)(5) to allow a pilot to accomplish instrument recency experience when using an FAA-approved FFS, FTD, or ATD—just as he or she might do when completing instrument recency experience in an aircraft—without an instructor present. Because instrument recency experience is not training, the FAA no longer believes it is necessary to have an instructor present when instrument recency experience is accomplished in an FSTD or ATD. An instrument-rated pilot has demonstrated proficiency during a practical test with an examiner. It can be expensive to hire an instructor to observe a pilot performing the instrument experience requirements solely to verify that the instrument recency experience was performed. 9 As noted above, practice in an ATD has the distinct advantage of pause and review of pilot performance not available in an aircraft.

9 The proposal would not change the existing requirement to reestablish currency by completing an instrument proficiency check under the requirements in § 61.57(d).

As with instrument recency experience accomplished in an aircraft, the pilot would continue to be required to verify and document this time in his or her logbook. The FAA is retaining the requirement that an authorized instructor must be present in an FSTD or ATD when a pilot is logging time to meet the requirements of a certificate or rating, for example, under §§ 61.51(g)(4), 61.65 and 61.129.

with instrument recency experience accomplished in an aircraft, the pilot would continue to be required to verify and document this time in his or her logbook. The FAA is retaining the requirement that an authorized instructor must be present in an FSTD or ATD when a pilot is logging time to meet the requirements of a certificate or rating, for example, under §§ 61.51(g)(4), 61.65 and 61.129.

2. Instrument Recency Experience Requirements

Currently, under § 61.57(c), to act as pilot in command (PIC) of an aircraft under instrument flight rules (IFR) or in weather conditions less than the minimums prescribed for visual flight rules (VFR), an instrument-rated pilot must accomplish instrument experience (often described as instrument practice, currency or recency) within a certain period preceding the month of the flight.

If a pilot accomplishes the instrument recency experience in an aircraft, FFS, FTD, or a combination, then § 61.57(c)(1)-(2) requires that, within the preceding 6 months, the pilot must have performed: (1) Six instrument approaches; (2) holding procedures and tasks; and (3) intercepting and tracking courses through the use of navigational electronic systems. 10 If a pilot accomplishes instrument experience exclusively in an ATD, then § 61.57(c)(3) requires that, within the preceding two months, the pilot must have performed the same tasks and maneuvers listed previously plus “two unusual attitude recoveries while in descending V ne airspeed condition and two unusual attitude recoveries while in an ascending stall speed condition.” 14 CFR 61.57(c)(3). Section 61.57(c)(3) also requires a minimum of three hours of instrument recency experience when using an ATD, whereas no minimum time requirement applies when using an aircraft, FFS, or FTD to accomplish the instrument experience

ual attitude recoveries while in descending V ne airspeed condition and two unusual attitude recoveries while in an ascending stall speed condition.” 14 CFR 61.57(c)(3). Section 61.57(c)(3) also requires a minimum of three hours of instrument recency experience when using an ATD, whereas no minimum time requirement applies when using an aircraft, FFS, or FTD to accomplish the instrument experience.

10 A pilot whose instrument currency has been lapsed for less than six months may not act as pilot in command in IFR or weather conditions less than the minimums prescribed for VFR but may reestablish instrument currency by performing the tasks and maneuvers in § 61.57(c). If a pilot has failed to maintain instrument currency for more than six months (meaning it is more than six months since the pilot was instrument current), the pilot may reestablish instrument currency only by completing an instrument proficiency check under the conditions set forth in § 61.57(d). See Pilot, Flight Instructor, and Pilot School Certification; Technical Amendment, 76 FR 78141, 78142 (December 16, 2011).

If a pilot accomplishes the instrument recency experience using an ATD in combination with using an FFS or FTD, then the pilot must—when using an ATD—perform the additional tasks but the “look back” period to act as PIC is six months rather than two months. 14 CFR 61.57(c)(5). The FAA stated in 2009 that the more restrictive time limitations and additional tasks were based on the fact that, at the time, ATDs represented new technology.

Since the ATD provisions were added to § 61.57 in the 2009 final rule, the FAA has received numerous inquiries regarding the terms used in the rule and what might be acceptable combinations when using various aircraft or training devices to satisfy the currency requirements

estrictive time limitations and additional tasks were based on the fact that, at the time, ATDs represented new technology.

11 The FAA notes that it also received comments requesting clarification of the recency requirements to the “Aviation Training Device Credit for Pilot Certification” direct final rule (79 FR 71634, December 3, 2015) (Docket No. FAA-2014-0987, comments at FAA-2014-0987-0004, FAA-2014-0987-0022) and the similarly-titled notice of proposed rulemaking (80 FR 34338, June 16, 2015) (Docket No. FAA-2015-1846, comments at FAA-2015-1846-0034, FAA-2015-1846-0038, FAA-2015-1846-0055). http://www.regulations.gov.

The FAA is proposing to amend § 61.57(c) to allow pilots to accomplish instrument experience in ATDs at the same 6-month interval allowed for FFSs and FTDs. In addition, the FAA is proposing to no longer require those pilots who opt to use ATDs exclusively to accomplish instrument recency experience to complete a specific number of additional hours of instrument experience or additional

3. Instrument Recency Experience for SICs Serving in Part 135 Operations

Section 135.245(a) requires a person serving as SIC in a part 135 operation conducted under IFR to “meet the recent instrument experience requirements of part 61[.]” The FAA is proposing to remove the reference to part 61 in § 135.245(a) and move the current instrument experience requirements in § 61.57(c)(1) and (2) to new § 135.245(c). The use of aviation training devices is not currently permitted to satisfy requirements in part 135. As such, it is more appropriate for the express requirement for instrument recency experience to be listed in part 135 rather than by reference to another rule part.

to part 61 in § 135.245(a) and move the current instrument experience requirements in § 61.57(c)(1) and (2) to new § 135.245(c). The use of aviation training devices is not currently permitted to satisfy requirements in part 135. As such, it is more appropriate for the express requirement for instrument recency experience to be listed in part 135 rather than by reference to another rule part.

B. Pilot Certification, Training, and Pilot Schools

1. Second in Command Time in Part 135 Operations

Logging Second-in-Command Time

Currently, a person may log second-in-command (SIC) flight time 12 only when more than one pilot is required under the type certification of the aircraft or the regulations under which the flight is being conducted. 14 CFR 61.51(f).

12 “Flight time” is defined, in relevant part, as “pilot time that commences when an aircraft moves under its own power for the purpose of flight and ends when the aircraft comes to rest after landing.” 14 CFR 1.1. “Pilot time” is currently defined as “time in which a person (i) serves as a required pilot flight crewmember; (ii) receives training from an authorized instructor in an aircraft, flight simulator, or flight training device; or (iii) gives training as an authorized instructor in an aircraft, flight simulator, or flight training device.” 14 CFR 61.1.

In some situations, an airplane may be type certificated for operation either by two pilots or by a single pilot if the airplane has additional equipment specified in the operating limitations section of the FAA-approved airplane flight manual. For example, a Cessna 551 requires two pilots unless the airplane is equipped with an autopilot with approach coupling, flight director, boom microphone or headset mounted microphone, and a transponder ident switch on the pilot's control wheel. Likewise, certain operations conducted under part 135 require an SIC even when the type certification for the aircraft would not require a second pilot

al. For example, a Cessna 551 requires two pilots unless the airplane is equipped with an autopilot with approach coupling, flight director, boom microphone or headset mounted microphone, and a transponder ident switch on the pilot's control wheel. Likewise, certain operations conducted under part 135 require an SIC even when the type certification for the aircraft would not require a second pilot. 13 For example, under § 135.101 no person may operate an aircraft carrying passengers under IFR unless there is an SIC in the aircraft. Notwithstanding this requirement, the regulations allow a certificate holder to conduct this operation without an SIC provided the aircraft is equipped with an operative and approved autopilot system and its use has been authorized by the FAA. 14 CFR 135.105.

13 For instance, no certificate holder may operate an aircraft without an SIC: (1) If the aircraft has a passenger seating configuration, excluding any pilot seat, of ten seats or more; or (2) the flight is conducted in a Category II operation. 14 CFR 135.99(b); 135.111. Part 135 has no exceptions to the SIC requirement during these operations.

Over the years, several individuals have requested clarification from the FAA regarding whether a second pilot may log flight time when an aircraft is equipped for operation by a single pilot. The FAA responded that, because the aircraft—as equipped—requires a single pilot under the type certificate or regulation under which the flight is being conducted, then a second pilot is not a required flightcrew member. Accordingly, a second pilot may not log flight time under § 61.51(f) during those flights. 14 See legal Interpretation to Scott Nichols, April 2, 2009; Legal Interpretation to Jeff Karch, May 28, 1998; Legal Interpretation to Jeff Karch, March 9, 2000.

14 The FAA has indicated that an assigned SIC (though not required) may log flight time as PIC under § 61.51(e) as the sole manipulator of the controls of an aircraft for which the pilot is rated

e under § 61.51(f) during those flights. 14 See legal Interpretation to Scott Nichols, April 2, 2009; Legal Interpretation to Jeff Karch, May 28, 1998; Legal Interpretation to Jeff Karch, March 9, 2000.

14 The FAA has indicated that an assigned SIC (though not required) may log flight time as PIC under § 61.51(e) as the sole manipulator of the controls of an aircraft for which the pilot is rated. The assigned PIC (unless he or she holds an airline transport pilot (ATP) certificate and is acting as PIC of an operation requiring an ATP certificate) would not be able to log flight time concurrently because, under § 61.51(e)(1)(iii), the PIC is not acting as PIC of an aircraft for which more than one pilot is required by the type certification of the aircraft or the regulation under which the flight is being conducted.

Petitions for Exemption

On December 18, 2007, Ameriflight, a part 119 certificate holder authorized to conduct operations under part 135, petitioned the FAA for an exemption from § 61.51(f)(2) to allow Ameriflight's SICs to log flight time during a flight that otherwise does not require an SIC. 15 Ameriflight indicated that, if granted, the exemption would apply “when an operator elects to assign a properly trained and checked SIC to a flight so that special SIC operations could be conducted if the need arose, flight time accumulated during such an assignment may be `legally' logged by the SIC as SIC time, and meet the requirements of § 61.51(f)(2).”

15 Exemption No. 9770; Docket No. FAA-2007-0383. http://www.regulations.gov.

In its petition, Ameriflight stated that granting this exemption would actively improve the level of safety because a properly trained and qualified SIC enhances safety in the cockpit by (1) providing a second set of eyes, (2) allowing for better implementation of crew resource management, (3) encouraging the use of standardized procedures, and (4) helping distribute flying tasks during periods of high workload

n, Ameriflight stated that granting this exemption would actively improve the level of safety because a properly trained and qualified SIC enhances safety in the cockpit by (1) providing a second set of eyes, (2) allowing for better implementation of crew resource management, (3) encouraging the use of standardized procedures, and (4) helping distribute flying tasks during periods of high workload. Ameriflight further stated that a grant of exemption would be in the public interest because SICs assigned to these operations would gain real-world line flying experience under supervision of a qualified PIC which it claimed was an important element in a smooth upgrade to PIC. Ameriflight also commented that future airline pilots currently below the § 135.243(c) threshold for PIC 16 would have an opportunity to gain experience far more useful to their careers than other currently available avenues, such as flight instruction, pipeline patrol, and traffic watch.

16 Section 135.243(c) states that no person may serve as PIC of an aircraft under IFR unless, among other things, that person has “at least 1,200 hours of flight time as a pilot, including 500 hours of cross-country flight time, 100 hours of night flight time, and 75 hours of actual or simulated instrument time at least 50 hours of which were in actual flight [.]”

The FAA issued a partial grant of exemption to allow Ameriflight's pilots to log SIC time in part 135 operations that did not otherwise require an SIC for the purposes of upgrading from SIC to PIC in those operations. The exemption, which has since been renewed, 17 does not permit the flight time to be used to gain an additional certificate or rating under part 61 or to be logged as PIC flight time (even if the pilot is the sole manipulator of the controls of the aircraft). All pilots utilizing the exemption are required to complete the certificate holder's approved SIC training program including 3 hours of crew resource management training

been renewed, 17 does not permit the flight time to be used to gain an additional certificate or rating under part 61 or to be logged as PIC flight time (even if the pilot is the sole manipulator of the controls of the aircraft). All pilots utilizing the exemption are required to complete the certificate holder's approved SIC training program including 3 hours of crew resource management training.

17 The FAA granted the original petition for exemption on October 3, 2008, and issued extensions on October 29, 2010 (9770A), October 31, 2012 (9770B), September 30, 2014 (9770C), and October 29, 2014 (9770D).

The pilots are also required to meet other part 135 experience, qualifications, and crew pairing requirements. Specifically, the SIC must hold a commercial pilot certificate with appropriate category, class, and 18

18 Ops Specs are paragraphs written and issued to the operator to provide specific requirements for certain FAA approved operations.

In addition, Ameriflight is required under the exemption to meet certain recordkeeping requirements and outline all SIC ground and flight duties in its general operations manual and flightcrew operating manual.

To the extent that Ameriflight had petitioned to permit its pilots to log flight time to meet aeronautical experience requirements for pilot certification, the FAA denied that relief stating that the denial was based on a desire to maintain the integrity of the higher level airmen certification and rating requirements. The FAA granted partial relief because that relief was confined to operations conducted solely within a part 135 certificate holder's operation, and such flight time would only be used to gain experience that would allow an SIC to upgrade to a PIC position within part 135 operations. The FAA found that such experience has value in part 135 operations

l airmen certification and rating requirements. The FAA granted partial relief because that relief was confined to operations conducted solely within a part 135 certificate holder's operation, and such flight time would only be used to gain experience that would allow an SIC to upgrade to a PIC position within part 135 operations. The FAA found that such experience has value in part 135 operations.

On February 7, 2013, Ameriflight petitioned the FAA to expand the relief provided in the original partial grant of exemption by again asking for relief to permit SICs who were not required by aircraft certification or the regulation under which the operation is conducted to log flight time to meet aeronautical experience requirements for pilot certification under part 61. Ameriflight restated its arguments regarding the value of the flight time and the benefit of building flight time under an experienced PIC. Ameriflight added that the relief was appropriate in light of Public Law 111-216 (August 1, 2010), which mandated FAA rulemaking to require SICs in part 121 operations to have an airline transport pilot (ATP) certificate. 19 Ameriflight stated that granting the exemption would close the experience gap between pilots with 300 flight hours and SICs who must meet the new 1,500 hour experience requirement to qualify for an ATP certificate by providing “richer and more varied flying” than was otherwise available. 20

19 On July 15, 2013, the FAA published the final rule on Pilot Certification and Qualification Requirements for Air Carrier operations implementing these statutory mandates (78 FR 42324) (Pilot Certification rule). As a result of this action, an SIC in part 121 domestic, flag, and supplemental operations must now hold an ATP certificate and an airplane type rating for the aircraft to be flown. With a few exceptions based on military and academic experience, an ATP certificate requires that a pilot be 23 years of age and have 1,500 hours total time as a pilot

mandates (78 FR 42324) (Pilot Certification rule). As a result of this action, an SIC in part 121 domestic, flag, and supplemental operations must now hold an ATP certificate and an airplane type rating for the aircraft to be flown. With a few exceptions based on military and academic experience, an ATP certificate requires that a pilot be 23 years of age and have 1,500 hours total time as a pilot. Further, to receive an ATP certificate with a multiengine class rating, a pilot must have 50 hours of multiengine flight experience and must have completed a new FAA-approved ATP Certification Training Program (CTP). To upgrade from SIC to PIC for a part 121 air carrier, the pilot must have logged at least 1,000 flight hours in air carrier operations.

20 The FAA notes that 250 hours of flight experience are required for a commercial pilot certificate under § 61.129(a)-(b); the agency believes that Ameriflight referenced “300 flight hours” because a pilot typically would have completed more than the minimum 250 hours when hired by a certificate holder.

The FAA published a notice of the petition in the Federal Register . 78 FR 39824 (July 2, 2013). Thirty comments were submitted to the docket. 21 Most commenters supported Ameriflight's petition arguing that a two-pilot crew is safer than a one-pilot operation and the experience gained by the SIC is more valuable than experience gained through other methods such as banner-towing, pipeline, or power-line patrol. Other commenters noted other benefits such as mentoring by an experienced PIC, a second pair of eyes for safety, help in reducing single pilot workload, and the opportunity for hands-on experience that is difficult to obtain otherwise.

21 Docket No. FAA-2007-0383. http://www.regulations.gov .

Eight commenters raised concerns about Ameriflight's petition including the possibility of part 135 operators exploiting and charging low-time pilots a fee to gain this SIC experience

second pair of eyes for safety, help in reducing single pilot workload, and the opportunity for hands-on experience that is difficult to obtain otherwise.

21 Docket No. FAA-2007-0383. http://www.regulations.gov .

Eight commenters raised concerns about Ameriflight's petition including the possibility of part 135 operators exploiting and charging low-time pilots a fee to gain this SIC experience. Other commenters suggested that granting the relief was contrary to the new ATP certificate requirements and National Transportation Safety Board (NTSB) recommendations that are meant to increase the SIC qualifications for air carrier operations. One commenter stated that SIC flight time should not be allowed in aircraft type-certificated for single pilot operations.

The FAA denied Ameriflight's petition to expand the relief to permit pilots to log flight time for certification. Although the FAA believed that the petitioner and commenters raised valid points regarding the benefit of a second pilot in part 135 operations, Ameriflight did not need an exemption to place another pilot on board for increased safety. Further, the FAA stated that Ameriflight failed to demonstrate how it is unique to the general class of regulated entities and therefore somehow eligible for regulatory relief. The FAA has consistently denied petitions for exemption from certification requirements including those pertaining to flight time requirements. The FAA believes that any changes to the requirements for logging flight time for the purpose of meeting certification requirements are most appropriately achieved through notice and comment rulemaking.

Proposed Rule Change

Under certain conditions, the FAA believes that it would be appropriate to allow pilots in part 135 operations to log time in an airplane or operation that does not otherwise require an SIC

that any changes to the requirements for logging flight time for the purpose of meeting certification requirements are most appropriately achieved through notice and comment rulemaking.

Proposed Rule Change

Under certain conditions, the FAA believes that it would be appropriate to allow pilots in part 135 operations to log time in an airplane or operation that does not otherwise require an SIC.

The FAA is proposing to amend § 135.99 by adding paragraph (c) to permit a certificate holder to receive approval of an SIC professional development program (SIC PDP) via Ops Specs in order to allow the certificate holder's pilots to log time under this proposal. The FAA believes that a comprehensive SIC PDP can provide opportunities for beneficial flight experience that may not otherwise exist and also provide increased safety in operations for those flights conducted in a multicrew environment.

To ensure that the SIC PDP achieves these goals, the FAA has set forth in proposed § 135.99(c) the requirements for certificate holders, airplanes, and flightcrew members during operations conducted under an approved SIC PDP. In addition to the following discussion of the proposal, the FAA has placed a draft advisory circular (AC) in the docket to this rulemaking that provides additional guidance for part 135 operators regarding development and approval (via Ops Specs) of a SIC PDP. The FAA seeks comments on this proposed AC.

As proposed, under an approved SIC PDP, a certificate holder would have to be authorized to conduct operations under IFR in multiengine airplanes with dual controls and flight instruments. Because the FAA believes that it is important that the required flightcrew member ( i.e. , the PIC) have immediate access to the flight controls at all times, the dual controls would not be permitted to include a throwover control wheel as proposed in § 135.99(c)(2)(i)

er would have to be authorized to conduct operations under IFR in multiengine airplanes with dual controls and flight instruments. Because the FAA believes that it is important that the required flightcrew member ( i.e. , the PIC) have immediate access to the flight controls at all times, the dual controls would not be permitted to include a throwover control wheel as proposed in § 135.99(c)(2)(i). The airplane would be required to have independent flight instrumentation for a second pilot that includes the following instrumentation: (1) Airspeed indicator; (2) sensitive altimeter adjustable for barometric pressure; (3) gyroscopic bank and pitch indicator (artificial horizon); (4) gyroscopic rate-of-turn indicator combined with an integral slip-skid indicator; (5) gyroscopic direction indicator (directional gyro or equivalent); (6) vertical speed indicator (rate-of-climb) for IFR operations

Consistent with existing obligations under part 135, certificate holders would be required to have: (1) A manual containing standard operating procedures (SOP) for conducting operations with a two pilot flightcrew and setting forth the duties and responsibilities of an SIC; (2) approved SIC training curriculums; 22 (3) approved flight instructor (aircraft) training curriculums; and (4) initial and recurrent crew resource management (CRM) training for any pilot assigned to an operation consisting of more than one pilot flightcrew member. 23 The assigned SIC would be expected to perform the functions normally assigned to an SIC in an aircraft requiring two flightcrew members, such as communications, navigation, flight management, briefing, departure, arrival, and approach procedures, inspections and checklists, and, at times, sole manipulator of the flight controls.

22 The FAA would require certificate holders who exclusively conduct operations that require only a PIC to obtain approval of an SIC training program consistent with the requirements for SICs under part 135

ch as communications, navigation, flight management, briefing, departure, arrival, and approach procedures, inspections and checklists, and, at times, sole manipulator of the flight controls.

23 Because a certificate holder who elects to conduct operations with an SIC would still have the option to conduct operations with a single pilot, the FAA would require certificate holders to provide training on both single pilot resource management and crew resource management as part of the certificate holder's training and checking program.

As proposed in § 135.99(d), certificate holders who are authorized to operate as a basic operator, single PIC operator, or single pilot operator would not be permitted to obtain approval to conduct an SIC PDP. These certificate holders—either by regulation or deviation—are not required to develop and maintain manuals that describe the procedures and policies to be used by the flight, ground and maintenance personnel. 14 CFR 135.21. In addition, these certificate holders are not required to establish and maintain an approved pilot training program under § 135.341 or employ certain management personnel ( e.g. , Director of Operations, Chief Pilot) under § 119.69. Because of the limited size and scope of these certificate holders' operations, the FAA does not believe that they would provide the environment necessary to foster an SIC PDP.

ieve that they would provide the environment necessary to foster an SIC PDP.

The FAA is also proposing in § 135.99(c)(1) to require a certificate holder with an approved SIC PDP to maintain records for each pilot consistent with the requirements in § 135.63 and provide training and testing records upon request to any pilot who the certificate holder has assigned to serve as SIC under its program. Additionally, the certificate holder would be required to establish and maintain a data collection and analysis process that would permit the certificate holder and FAA to determine whether the SIC PDP is accomplishing its objectives. The proposed data collection and analysis process could be based off a certificate holder's existing voluntary safety management system or internal evaluation program. As proposed in § 135.99(c)(1)(iv), a certificate holder who obtains approval of an SIC PDP would be required to conduct annual standardization meetings for all flight instructors serving as PIC during operations conducted under an SIC PDP. The FAA believes that standardization meetings would provide an additional mechanism to assess the effectiveness of the SIC PDP and review performance of participating SICs.

Under proposed § 135.99(c)(4), an assigned PIC in an operation conducted under an SIC PDP must be an authorized part 135 flight instructor for the certificate holder. To serve as an assigned SIC under an SIC PDP, a pilot would be required to meet the same certification, qualification, training, checking, and testing requirements in part 135 as a required SIC. 24 Accordingly, an assigned SIC would be required to hold a commercial pilot certificate with appropriate category and class ratings and an instrument rating. 14 CFR 135.245. Because pilots serving under an SIC PDP would be exercising the privileges of a commercial pilot certificate, they would be required to hold a second class medical certificate. 14 CFR 61.23

ents in part 135 as a required SIC. 24 Accordingly, an assigned SIC would be required to hold a commercial pilot certificate with appropriate category and class ratings and an instrument rating. 14 CFR 135.245. Because pilots serving under an SIC PDP would be exercising the privileges of a commercial pilot certificate, they would be required to hold a second class medical certificate. 14 CFR 61.23. A pilot logging time under this proposal would be required to complete the requirements of an approved SIC training and checking program for any airplane in which the pilot would serve. Because the pilot would be serving in a multicrew environment, this training would include crew resource management training required under § 135.330. An assigned SIC also would be required to complete any training required by the certificate holder's Ops Specs for the operation being conducted, such as operations in reduced vertical separation minimum airspace.

24 Consistent with current regulations, if a certificate holder is authorized under § 135.3(c) to comply with the applicable sections of subparts N and O of part 121 instead of the comparable requirements in part 135, the assigned SIC would be required to meet the certification, qualification, training and checking requirements required by subparts N and O of part 121, except for the airline transport pilot certification requirements in § 121.436. See 81 FR 1 (January 4, 2016).

The FAA emphasizes that, under this proposal, an SIC assigned to duty under an SIC PDP would be subject to part 135 requirements as though the pilot were required by aircraft certification or regulation. For example, under the proposal, the assigned SIC would be subject to flight time and duty period limitations and rest requirements under subpart F of part 135. Under part 135, these requirements can differ based on the flightcrew complement

an SIC assigned to duty under an SIC PDP would be subject to part 135 requirements as though the pilot were required by aircraft certification or regulation. For example, under the proposal, the assigned SIC would be subject to flight time and duty period limitations and rest requirements under subpart F of part 135. Under part 135, these requirements can differ based on the flightcrew complement. As such, a certificate holder would be expected to treat duty and rest periods for a two-pilot crew conducted under an SIC PDP no differently than those for pilots serving in operations requiring two pilots by aircraft certification or regulation. In addition, the FAA would consider a pilot assigned to serve as SIC under an SIC PDP to be a covered employee performing a safety sensitive function subject to drug and alcohol testing requirements in part 120.

The FAA emphasizes that the SIC PDP would be voluntary. This proposal would impose no new requirements on certificate holders conducting operations under part 135 if they choose not to seek approval of an SIC PDP. However, only pilots employed by a certificate holder that has an approved SIC PDP would be permitted to log SIC flight time in part 135 operations when a second pilot is not required by the aircraft certification or the regulation under which the flight is being conducted. If a certificate holder does not have an approved SIC PDP and assigns a second pilot to an operation that does not require two pilots, that pilot may not log flight time under § 61.51.

If conducted in accordance with an approved SIC PDP, the flight time accomplished by those pilots serving as SIC could be counted toward the total flight time required for an ATP certificate under §§ 61.159(a), 61.160, 25 As proposed in § 61.159(c)(1), pilots who log time under this provision would not be permitted to use the time to meet the more specific flight time requirements for ATP certification ( e.g. , cross-country flight time, night flight time) set forth in § 61.159(a)(1) through (5)

rving as SIC could be counted toward the total flight time required for an ATP certificate under §§ 61.159(a), 61.160, 25 As proposed in § 61.159(c)(1), pilots who log time under this provision would not be permitted to use the time to meet the more specific flight time requirements for ATP certification ( e.g. , cross-country flight time, night flight time) set forth in § 61.159(a)(1) through (5). 26 Rather, a pilot would be required to satisfy these specific aeronautical experience requirements during his or her time as a required pilot flightcrew member. This limitation on applying time logged under this provision only toward the total time requirement for an ATP certificate is consistent with the current limitation for SICs and flight engineers in § 61.159(c). The FAA believes that by allowing this time to be used only toward total flight time requirements for the ATP certificate, it would promote an environment in which a pilot's career follows a progression within part 135 that includes the pilot serving as a PIC in part 135 operations before transitioning to an SIC position in a part 121 operation.

25 The FAA is proposing to revise § 61.161 to permit flight time logged under an SIC PDP to be counted toward the 1,200 hours of total flight time required for an ATP certificate with a rotorcraft category helicopter class rating.

26 As currently provided in the Ameriflight exemption, pilots logging time under this proposal would be permitted to use the flight time for the purpose of upgrading from SIC to PIC in part 135 operations. Exemption No. 9770D.

ht exemption, pilots logging time under this proposal would be permitted to use the flight time for the purpose of upgrading from SIC to PIC in part 135 operations. Exemption No. 9770D.

In proposing this change to pilot time logging allowances, the FAA is acknowledging the value of the pilot experience gained by airmen who have been properly trained to serve as SIC in the air carrier environment. In Public Law 111-216, Congress directed the FAA to ensure that applicants for an ATP certificate have received flight training, academic training, or operational experience that will prepare the pilot to, among other things, function effectively in a multipilot environment, adhere to the highest professional standards, and function effectively in an air carrier operational environment. In addition, the Public Law directed that all part 121 flightcrew members must have an appropriate amount of multiengine flight experience, as determined by the Administrator.

The FAA believes, within an appropriate training and mentoring environment, this proposal would support the Congressional directive and provide an effective method to acquire experience for ATP certification and prepare pilots for a career as a professional pilot. The experience gained from working with and learning from a part 135 flight instructor in a crew configuration would create valuable experience. This proposal would provide an additional option for commercial pilots seeking to meet the minimum aeronautical experience requirements for the ATP certificate while also providing a strong foundational experience for a developing professional pilot.

ping professional pilot.

The FAA is proposing to revise § 61.159(c)(1) to set forth the requirements for logging SIC pilot time in an operation that does not require an SIC by type certification of the aircraft or the regulations under which the flight is being conducted. Current § 61.159(c) (former § 61.145) was first added to the regulations in a 1969 final rule. 34 FR 17162 (October 23, 1969). Until that time, SICs were permitted to log only 50 percent of their flight time toward a certificate or rating. The 1969 final rule permitted SICs in part 121 operations to log 100 percent of their flight time in airplanes required to have more than one pilot by their approved airplane flight manual or airworthiness certificate. 27

27 That final rule also added a provision that permitted flight engineers to log a portion of their flight engineer time toward the flight hour requirements for an ATP certificate.

In 1973, the FAA revised § 61.51 (former § 61.39) to permit all SICs—not just those in part 121 operations—to log 100 percent of flight time as SIC in aircraft on which more than one pilot is required by the type certification of the aircraft or the regulations under which the flight is conducted. 38 FR 3156 (February 1, 1973). When the FAA expanded § 61.51 to include all SICs, it did not remove the more limited provision that applied only to part 121 SICs in § 61.159(c)(1). Because that paragraph provides the same allowance for logging SIC flight time as is currently reflected in § 61.51(f), the FAA is proposing to revise § 61.159(c)(1) to address the logging requirements for SICs in part 135 operations who are not required by type certification or the regulations under which the flight is being conducted.

perations who are not required by type certification or the regulations under which the flight is being conducted.

The FAA is also proposing to revise the definition of pilot time in § 61.1 and the logging requirements in § 61.51(f) to reflect the allowance for SICs to log flight time in part 135 operations when not serving as required flightcrew members under the type certificate or regulations. 28 The FAA notes that, because International Civil Aviation Organization (ICAO) standards do not recognize the crediting of flight time when a pilot is not required by the aircraft certification or the operation under which the flight is being conducted, pilots who rely on flight time logged under an SIC PDP to meet the requirements for an ATP certificate must have a limitation on their ATP certificates indicating that they do not meet the PIC aeronautical experience requirements of ICAO. This limitation may be removed when the pilot presents satisfactory evidence that he or she has met the ICAO standards.

28 The FAA also proposes to revise the definition of “pilot time” in § 61.1 to include training time from an authorized instructor in aviation training devices within the definition. The FAA likewise proposes to add aviation training devices to § 61.51(h) to accommodate the logging of training time in an aviation training device.

Because of the ICAO limitation, it is important that flight time logged under this proposal is accurately recorded in the pilot's logbook. For that reason, the FAA has proposed § 61.159(c)(1)(ii) which would require the PIC to certify in the SICs logbook that the flight time was accomplished under the requirements in § 61.159(c)(1). As currently happens, a designated pilot examiner, aircrew program designee, or FAA inspector when validating the pilot's flight time would be responsible for noting an ICAO limitation on a temporary airman certificate (Form 8060-4)

posed in § 61.159(c), an SIC logging time under this provision would not be permitted to log this flight time as PIC time even when he or she is the sole manipulator of the controls. The FAA is proposing, however, to revise § 61.51(e) to allow the part 135 flight instructor serving as PIC to log all of the flight time as PIC flight time even when the PIC is not the sole manipulator of the controls. Section 61.51(e)(1) permits a person who holds a sport, recreational, private, commercial, or airline transport pilot certificate to log PIC time when the pilot (1) is the sole manipulator of the controls of an aircraft for which the pilot is rated; (2) is the sole occupant of the aircraft, (3) is acting as PIC of an aircraft that requires more than one pilot by type certificate or the regulations under which the flight is being 30 Without the proposed change to § 61.51(e), the part 135 flight instructor would not be permitted to log PIC flight time during those times when the SIC is the sole manipulator of the controls because the PIC of these operations would not be acting as PIC of an aircraft that requires more than one pilot.

30 Currently, pilots are required to hold an ATP certificate to act as PIC in part 121 air carrier operations. Additionally, pilots must hold an ATP certificate to serve as PIC in operations conducted under §§ 135.243(a)(1) and 91.1053(a)(2)(i).

2. Completion of Commercial Pilot Training and Testing in Technically Advanced Airplanes

Introduction

)(2)(i).

2. Completion of Commercial Pilot Training and Testing in Technically Advanced Airplanes

Introduction

Under the current requirements, an applicant for a commercial pilot certificate with airplane category single engine class rating must accomplish 10 hours of flight training in a complex airplane 31 or in a turbine-powered airplane. 32 14 CFR 61.129(a)(3)(ii), appendix D to part 141. In addition, the Commercial Pilot Practical Test Standards for Airplane (as well as the Flight Instructor Practical Test Standards for Airplane) require a pilot to use a complex airplane for takeoff and landing maneuvers and appropriate emergency tasks for the initial practical test for a commercial pilot certificate with an airplane category. 33

31 A complex airplane is defined as an aircraft with a retractable landing gear, flaps, and a controllable pitch propeller, including airplanes equipped with an engine control system consisting of a digital computer and associated accessories for controlling the engine and propeller. 14 CFR 61.1.

32 This option was added to the regulations in 1997. Pilot, Flight Instructor, Ground Instructor and Pilot School Certification Rules final rule, 62 FR 16220, April 4, 1997. In the preamble to the NPRM, the FAA explained that “some commercial pilot applicants may wish to complete their training in turbine-powered airplanes, and some military pilots may not have demonstrated procedures pertaining to the use of a controllable pitch propeller. Because a turbine-powered airplane does not necessarily have a propeller, training and demonstration of flight proficiency in such an airplane does not satisfy existing requirements. However, a turbine-powered airplane clearly meets the regulatory intent of requiring an applicant to demonstrate proficiency in a relatively complex airplane.” 60 FR 41160

to the use of a controllable pitch propeller. Because a turbine-powered airplane does not necessarily have a propeller, training and demonstration of flight proficiency in such an airplane does not satisfy existing requirements. However, a turbine-powered airplane clearly meets the regulatory intent of requiring an applicant to demonstrate proficiency in a relatively complex airplane.” 60 FR 41160.

33 The Commercial Practical Test Standards (FAA-S-8081-12C) for Airplane states that the applicant must furnish a complex airplane “unless the applicant currently holds a commercial pilot certificate with a single engine or multiengine class rating, as appropriate.”

Many pilots seeking a commercial pilot certificate in the airplane category take the initial practical test in a single engine airplane. Training providers have noted that there are far fewer single engine complex airplanes available to meet the practical test standards requirement, and the single engine complex airplanes that are available are older aircraft that are expensive to maintain. The FAA recognizes that accomplishing the required training in either a single engine complex airplane or turbine-powered airplane has become cost prohibitive for most flight schools.

Because § 61.45(b) requires a pilot to accomplish the practical test in an aircraft that is the appropriate category, class, and type (if applicable), pilots are not permitted to use a more readily available multiengine complex airplane during the single engine practical test at the commercial pilot level to accomplish the tasks and maneuvers that require a complex airplane. 34 Currently it is permissible for an applicant to take his or her initial commercial pilot practical test for the airplane category in the multiengine class and then seek an additional rating in the airplane single engine class, thereby avoiding the difficulty of furnishing a single engine complex airplane

mmercial pilot level to accomplish the tasks and maneuvers that require a complex airplane. 34 Currently it is permissible for an applicant to take his or her initial commercial pilot practical test for the airplane category in the multiengine class and then seek an additional rating in the airplane single engine class, thereby avoiding the difficulty of furnishing a single engine complex airplane. However, the FAA notes that many pilots often do not apply for their initial commercial pilot certificate with a multiengine class rating because of the higher cost associated with gaining the aeronautical experience required by § 61.129(b)(3) and (4) in a multiengine airplane.

34 See Legal Interpretation to Ian Robert Dean, February 15, 2013.

Related Rulemaking History

On August 31, 2009, the FAA published a NPRM in the Federal Register that proposed to replace the requirement for training in a complex airplane for commercial pilot applicants (both single engine and multiengine ratings) with a requirement for advanced instrument training. Pilot in command proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules NPRM, 74 FR 44779. In discussing the proposed change, the FAA noted the complaints by training providers regarding the necessity to maintain older single engine complex airplanes. The FAA also acknowledged in the NPRM that general aviation aircraft manufacturers are no longer producing as many single engine airplanes with retractable gear but are instead producing aircraft with “glass cockpits,” 35 which are also referred to as technically advanced aircraft (TAA). 36

35 “Glass Cockpits” refer to an aircraft with a flight deck LCD display system that incorporates a combined flight instrument information that includes navigation information. An example is a primary and multifunction flight display. (PFD and MFD systems). This can include an integrated autopilot. Reference Instrument Flying Handbook FAA-H-8083-15B Chp. 8 pg 18

ically advanced aircraft (TAA). 36

36 The General Aviation Technically Advanced Aircraft FAA—Industry Safety Study published August 22, 2003, defines TAA as aircraft with a minimum of an IFR-certified GPS navigation system with a moving map display, and an integrated autopilot. Most include a primary flight display that integrates all of the following flight instruments together: Airspeed indicator, turn coordinator, attitude indicator, directional gyro, altimeter, and vertical speed indicator. Some TAAs also have a multi-function display that shows weather, traffic and terrain graphics. In general, TAAs are aircraft in which the pilot interfaces with one or more computers in order to aviate, navigate, or communicate.

The FAA received a variety of comments in response to the proposed change. Although several commenters supported the change based on the high cost of maintaining older single engine complex airplanes and the perceived value of requiring additional instrument training, other commenters opposed the change citing the potential for an increase in gear-up landing incidents and the fact that training in a complex airplane is essential for safety because most pilots will encounter a complex airplane during their careers. The FAA withdrew the proposed changes in the final rule citing the need to further analyze the comments received on the proposed revision. 76 FR 54096 (August 31, 2011). The FAA noted that it would consider the matter further and possibly publish an NPRM in the future

training in a complex airplane is essential for safety because most pilots will encounter a complex airplane during their careers. The FAA withdrew the proposed changes in the final rule citing the need to further analyze the comments received on the proposed revision. 76 FR 54096 (August 31, 2011). The FAA noted that it would consider the matter further and possibly publish an NPRM in the future.

Basis for Current Proposal

Since the 2011 final rule, various pilot associations have made public statements on behalf of their members, expressing disappointment in the agency's decision to withdraw the proposal set forth in the 2009 NPRM. Various individuals and pilot organizations have reiterated concern over the costs associated with the upkeep of aging complex single engine airplanes that are unavailable (or are cost prohibitive) due to the decrease or discontinuance of manufacture of these aircraft. The FAA has also received multiple exemption requests that seek relief from § 61.45(b) and the requirement to use a single engine complex airplane during the commercial and flight instructor practical tests. While these requests have been denied because they have not met the regulatory criteria for an exemption, they provide additional

With the prominence of airplanes equipped with glass cockpits ( i.e. , TAA) in today's general aviation aircraft fleet, the FAA believes it is appropriate to permit the use of certain TAA to complete the training required in § 61.129(a)(3)(ii) and appendix D to part 141 as well as to meet the requirements of the commercial single engine airplane pilot and flight instructor practical test standards.

i. Definition of Technically Advanced Airplane

d flight instructor practical test standards.

i. Definition of Technically Advanced Airplane

The FAA recognizes the emerging and continuing trend in general aviation aircraft manufacturing to produce most new aircraft with advanced avionics systems. The previously typical individual six-flight instrument configuration (six-pack) is becoming unavailable in current general aviation manufacturing. The NTSB safety study Introduction of Glass Cockpit Avionics Into Light Aircraft published in 2010 indicated that “the transition to glass cockpits in Federal Aviation Administration (FAA)-certified light aircraft” began in 2003 when Cirrus Design Corporation started delivering single-engine piston airplanes with electronic primary flight displays (PFD). Other manufacturers, including Cessna Aircraft Company, Piper Aircraft Incorporated, Mooney, and Hawker Beechcraft soon followed suit. The NTSB study further referenced General Aviation Manufacturers Association data showing that “by 2006, more than 90 percent of new piston-powered, light airplanes were equipped with full glass cockpit displays.” 37 Indeed, the Cessna Aircraft Corporation has produced “glass cockpit only” piston driven aircraft since 2006. According to the General Aviation Manufacturers Association, these Cessna piston aircraft totaled 3,696, as delivered through 2012. Piper Aircraft Inc. also delivers almost exclusively glass cockpit configurations, except for some limited requests from international flight school customers for the previously traditional independent six-flight instrument configuration. 38

37 General Aviation Airplane Shipment Report, End-of-Year 2006 (Washington, DC: General Aviation Manufacturers Association, 2007) indicates that 92 percent of the 2,540 piston airplanes delivered during 2006 were equipped with glass cockpit electronic flight displays.

38 The six-flight instrument configuration includes a separate airspeed indicator, attitude indicator, altimeter, turn coordinator, heading indicator, and vertical speed indicator

of-Year 2006 (Washington, DC: General Aviation Manufacturers Association, 2007) indicates that 92 percent of the 2,540 piston airplanes delivered during 2006 were equipped with glass cockpit electronic flight displays.

38 The six-flight instrument configuration includes a separate airspeed indicator, attitude indicator, altimeter, turn coordinator, heading indicator, and vertical speed indicator.

This trend toward exclusive production of airplanes with glass cockpits (TAA) is due to an increase in demand for advanced avionics cockpit platforms by general aviation consumers. 39 At the same time, there has been a significant decrease in the production of single engine complex airplanes. 40 The FAA understands the decrease in single engine complex airplane manufacturing is due, at least in part, to newer airframe and power plant technologies that allow for aircraft to achieve higher performance ( e.g. , airspeed, reduced fuel consumption, etc.) without the manufacturing and maintenance costs associated with a retractable gear system that is characteristic of a complex airplane. Cirrus Aircraft has delivered 5,326 aircraft with this fixed gear configuration as of 2012. 41

39 An Aircraft Owners and Pilots Association Air Safety Foundation Special Report titled “Technically Advanced Aircraft—Safety and Training” states “virtually every newly designed transportation airplane is a TAA, including Lancair, Cirrus, Diamond, and the Adam 500 * * * Many owners are retrofitting their classic aircraft to convert them to TAA with IFR-certified GPS navigators and multifunction displays.”

40 The General Aviation Manufacturers Association Web site shows Cessna has not produced a piston engine retractable gear airplane since 1985 and Piper has produced only 28 piston engine airplanes with retractable gear since 2008 (16 being the Piper Arrow model). Production for Beechcraft is also at an all-time low for piston single engine airplanes with retractable gear

multifunction displays.”

41 General Aviation Manufacturers Association published statistics ( http://www.gama.aero/ ).

To date, the FAA has primarily used the term “glass cockpits” when referring to airplanes equipped with these advanced avionics components such as a primary flight display (PFD) and multi-function display (MFD). For example, the Instrument Flying Handbook acknowledges that PFDs and MFDs “are changing not only what information is available to a pilot but also how that information is displayed.” Moreover, the executive summary to the NTSB's Introduction of Glass Cockpit Avionics in Light Aircraft, provides that “in a span of only a few years, the cockpits of new light aircraft have undergone a transition from conventional analog flight instruments to digital-based electronic displays,” which “integrate aircraft control, autopilot, communication, navigation, and aircraft system monitoring functions, applying technology previously available only in transport-category aircraft.” 42

42 NTSB Safety Study # SS-10/01.

In an FAA-Industry Safety Study published in 2003, the FAA defined TAA as “a General Aviation aircraft that contains the following design features: Advanced automated cockpit such as MFD or PFD or other variations of a Glass Cockpit, or a traditional cockpit with GPS navigation capability, moving map display and autopilot.” 43 The FAA is proposing to require a certain level of complexity for TAA by proposing to define TAA in the regulations and, thereby, mandating certain functionalities when used for commercial pilot training and the practical test

d automated cockpit such as MFD or PFD or other variations of a Glass Cockpit, or a traditional cockpit with GPS navigation capability, moving map display and autopilot.” 43 The FAA is proposing to require a certain level of complexity for TAA by proposing to define TAA in the regulations and, thereby, mandating certain functionalities when used for commercial pilot training and the practical test.

43 General Aviation Technically Advanced Aircraft, FAA-Industry Safety Study: Final Report of TAA Safety Study Team, http://www.faa.gov/training_testing/training/fits/research/media/TAAFinalReport.pdf (Washington, DC: Federal Aviation Administration, 2003).

Notwithstanding the previous use of terms such as glass cockpit and electronic flight instrument displays, the FAA is proposing to adopt an updated definition of “technically advanced airplane” in § 61.1 based on the common and essential components of advanced avionics systems equipped on the airplane, including a PFD, MFD and an integrated two axis autopilot. These components would be required in order to ensure the TAA used to meet the aeronautical experience requirements for commercial pilots in § 61.129(a)(3)(ii) and appendix D to part 141, as well as the related practical test standards, as amended, have the necessary level of complexity comparable to the traditional single engine complex airplane.

TAA would be required to include a PFD that is an electronic display integrating all of the following flight instruments together: An airspeed indicator, turn coordinator, attitude indicator, heading indicator, altimeter, and vertical speed indicator. Additionally, an independent MFD must be installed that provides a GPS with moving map navigation system and an integrated two axis autopilot. 44 In general, the pilot interfaces with one or more computers in order to operate, navigate, or communicate. The proposed definition of TAA would apply to permanently-installed equipment and would not apply to any portable electronic device

peed indicator. Additionally, an independent MFD must be installed that provides a GPS with moving map navigation system and an integrated two axis autopilot. 44 In general, the pilot interfaces with one or more computers in order to operate, navigate, or communicate. The proposed definition of TAA would apply to permanently-installed equipment and would not apply to any portable electronic device. The FAA recognizes the continuing advancements in aircraft avionics and the need for a pilot to be proficient with modern cockpit equipment and automation. As proposed, the FAA would define the term TAA as an airplane with an electronic PFD and an MFD that includes, at a minimum, a GPS moving

44 The MFD may also include additional capabilities such as depicting weather, traffic, terrain, navigation aids and airport information, but these capabilities are not necessary to meet the proposed definition.

In addition to adding a definition of TAA to § 61.1, the FAA is proposing to amend the existing training requirements to permit the use of a TAA instead of a complex or turbine-powered airplane by commercial pilot applicants seeking an airplane category single engine class rating. In addition to the regulatory changes, the FAA would revise the practical test standards for commercial pilot applicants and flight instructors seeking an airplane category single engine class rating.

ii. Amendment to Aeronautical Experience Requirement for Commercial Pilots

ence Requirement for Commercial Pilots

The FAA proposes to amend the current requirement found in § 61.129(a)(3)(ii) and appendix D to part 141 to complete 10 hours of training in a complex or turbine-powered airplane. As proposed, the FAA would permit a pilot seeking a commercial pilot certificate with an airplane category single engine class rating to complete the 10 hours of training in a TAA. With this amendment, a pilot seeking a commercial pilot certificate with a single engine class rating could complete all 10 hours in a complex airplane, a turbine-powered airplane, or a TAA, or could complete the 10 hours of training in any combination of these three airplanes. The FAA believes that demonstration of proficiency in an airplane that is electronically complex ( i.e. , those that would meet the proposed definition of a TAA) will be comparable to the demonstration of proficiency in an airplane that is mechanically complex ( i.e. , those that meet the current definition of a complex airplane).

Providing the TAA alternative to the training requirements for a commercial pilot certificate with an airplane category single engine class rating is appropriate because advanced avionics in TAA create a level of complexity that would be equal to or greater than the mechanical complexity found in traditional complex airplanes. The FAA contends that, as avionics continue to advance, the need for training and checking in other categories of aircraft equipped with advanced avionics systems will continue to grow. Further, the FAA emphasizes the importance of pilot and flight instructor proficiency in the advanced aircraft systems that are essential to the FAA's NextGen initiatives. 45

45 FAA publication “NextGen Implementation Plan March 2012” or latest version. NextGen involves development of aviation-specific applications for existing, widely-used technologies, such as the Global Positioning System (GPS) and technological innovation in areas such as weather forecasting, data networking and digital communications

ystems that are essential to the FAA's NextGen initiatives. 45

Complex airplanes, turbine-powered airplanes, and TAA all require the commercial pilot applicant to have an understanding of aircraft systems that are more complicated than the aircraft systems found in more basic airplanes that most private pilots learn to fly. Operation of a complex airplane requires the pilot to perform advanced plans of action with the gear, flaps, and propeller control in certain phases of flight (such as takeoff, landing, and emergency procedures). Failure to perform the correct action in a complex airplane could result in a degradation of the safety of flight, such as a gear up landing or achieving maximum aircraft performance during climb after takeoff. Similarly, a TAA demands the pilot perform functions with the advanced avionics such as programing, entering flight plans and autopilot management. If not accomplished in an efficient, proper, and timely manner, there is the potential for a loss of safety during the flight.

As another example, the failure of the pilot to recognize and respond properly to a failure of either the PFD or the MFD at a critical phase of flight (especially during marginal VFR conditions or instrument meteorological conditions (IMC)) could result in the pilot losing situational awareness and possibly leading to loss of control jeopardizing the successful completion of the flight. The FAA believes that demonstrating proficiency when operating a TAA provides at least an equivalent level of complexity compared to a complex airplane. Indeed, newly hired operations aviation safety inspectors are required to complete three weeks of glass cockpit training (in TAA)

g situational awareness and possibly leading to loss of control jeopardizing the successful completion of the flight. The FAA believes that demonstrating proficiency when operating a TAA provides at least an equivalent level of complexity compared to a complex airplane. Indeed, newly hired operations aviation safety inspectors are required to complete three weeks of glass cockpit training (in TAA). This commitment to TAA training reflects the FAA's acknowledgment of the importance of developing skills, understanding the complexity, and demonstrating knowledge required to safely operate these airplanes.

The proposed amendments to § 61.129(a)(3)(ii) and appendix D to part 141 for single engine airplane ratings do not impose any new regulatory requirements on pilots or part 141 pilot schools. 46 The FAA believes that applicants for the commercial pilot practical test or flight instructor practical test for a multiengine rating need to continue to demonstrate skill and proficiency in a complex airplane as defined in the practical test standards. For that reason, the FAA is not proposing to make any related substantive revisions to the requirement to use a complex or turbine-powered airplane to complete the training required for multiengine airplanes in § 61.129(b)(3)(ii) and appendix D to part 141, other than clarifying amendments to eliminate redundancies in the current regulatory text. As noted, the vast majority of multiengine airplanes are complex, and there should be no significant burden on these applicants to provide a multiengine complex airplane for the multiengine practical test.

46 Although commercial pilots who hold airplane category single engine class ratings may not have been trained or tested in a complex airplane, they would be required to obtain training and an endorsement under § 61.31 in order to act as PIC of a complex airplane.

iii

ould be no significant burden on these applicants to provide a multiengine complex airplane for the multiengine practical test.

iii. Amendments to Commercial Pilot and Flight Instructor Practical Test Standards

The FAA notes that the proposed amendments to § 61.129(a)(3)(ii) and appendix D to part 141 necessitate coordinated revisions to the practical test standards for commercial pilots and flight instructors. The Commercial Pilot Practical Test Standards for Airplane require a pilot to use a complex airplane for takeoff and landing maneuvers and appropriate emergency tasks for the initial practical test for a commercial pilot certificate with an airplane category. Similarly, the Flight Instructor Practical Test Standards for Airplane require an instructor candidate to use a complex airplane for the performance of takeoff and landing maneuvers as well as appropriate emergency procedures.

Because an applicant for a commercial pilot certificate with an airplane category single engine class rating would no longer be required to complete training in a complex airplane, the FAA would revise the practical test standards to permit the use of a TAA in place of a complex or turbine-powered airplane during the single engine airplane practical test. The FAA would also revise the flight instructor single engine airplane practical test standards to permit the flight instructor applicant to use a TAA during the practical test. The FAA acknowledges that no longer requiring flight instructors seeking an airplane category single engine class rating to take the practical test in a complex airplane could result in a flight instructor not being evaluated specifically on complex airplane tasks and maneuvers

ngine airplane practical test standards to permit the flight instructor applicant to use a TAA during the practical test. The FAA acknowledges that no longer requiring flight instructors seeking an airplane category single engine class rating to take the practical test in a complex airplane could result in a flight instructor not being evaluated specifically on complex airplane tasks and maneuvers.

Although under the proposed rule an instructor would not necessarily be evaluated during the practical test in a complex airplane, the FAA believes that the current training and endorsement required to act as PIC of a complex

C. Flight Instructors With Instrument Ratings Only

Section 61.195 sets forth the limitations and qualifications for flight instructors. Under § 61.195(b), an instructor may not conduct flight training 47 in any aircraft for which the instructor does not hold a pilot certificate and flight instructor certificate with the applicable category and class ratings for the aircraft in which the training is being provided. 48 In addition to this requirement, § 61.195(c) requires that a flight instructor who provides instrument training for the issuance of an instrument rating, a type rating not limited to VFR, or the instrument training required for commercial pilot and ATP certificates must hold an instrument rating on his or her pilot certificate and flight instructor certificate that is appropriate to the category and class of aircraft used for the training. 49

47 “Flight training” is defined as “training, other than ground training, received from an authorized instructor in flight in an aircraft.” 14 CFR 61.1

ument training required for commercial pilot and ATP certificates must hold an instrument rating on his or her pilot certificate and flight instructor certificate that is appropriate to the category and class of aircraft used for the training. 49

47 “Flight training” is defined as “training, other than ground training, received from an authorized instructor in flight in an aircraft.” 14 CFR 61.1.

48 To be eligible for a flight instructor certificate, a person must hold either: (1) A commercial pilot certificate with an aircraft category and class rating for the flight instructor rating sought and an instrument rating, or (2) an airline transport pilot certificate with an aircraft category and class rating appropriate to the flight instructor rating sought and instrument privileges appropriate to the flight instructor rating that is sought. As such, it is not possible for a person to hold a flight instructor certificate with a rating that the person does not first hold on his or her pilot certificate. If providing instruction in an aircraft that is type certificated, the instructor must hold the appropriate type rating on his or her pilot certificate. 14 CFR 61.195(b)(2).

49 The FAA has distinguished instrument training for an instrument rating under § 61.65 and instrument training at the commercial pilot certificate level under § 61.129 from the training requirements for private pilots on “basic instrument maneuvers” under § 61.107 and “control and maneuvering of an airplane solely by reference to the instruments” under § 61.109. See Legal Interpretation to Taylor Grayson, July 6, 2010. A flight instructor does not need to hold an instrument rating to provide the training under §§ 61.107 and 61.109.

uly 6, 2010. A flight instructor does not need to hold an instrument rating to provide the training under §§ 61.107 and 61.109.

In the 2009 final rule, the FAA modified § 61.195(c) to clarify that, in order to provide instrument training required for commercial pilot or ATP certification, an instructor must have an instrument rating on his or her flight instructor certificate. 74 FR 42500, 42561. In disposing of comments to the NPRM, the FAA made the following statement: “. . . a flight instructor who does not hold the appropriate airplane multiengine rating on his/her flight instructor certificate and the appropriate airplane category multiengine class rating on his/her pilot certificate may not conduct instrument training in a multiengine airplane unless that flight instructor holds the appropriate airplane category multiengine class rating on his/her pilot certificate and flight instructor certificate.” 74 FR 42500, 42536.

Shortly after the final rule published, the FAA received a request for legal interpretation seeking clarification of whether a flight instructor who holds only an instrument-airplane rating on his or her flight instructor certificate may conduct instrument training in a single or multiengine airplane if he or she holds those ratings only on his or her commercial pilot certificate but not on his or her flight instructor certificate. See Legal Interpretation to Taylor Grayson, January 4, 2010. The FAA responded that, under § 61.195(b), a flight instructor may not conduct instrument flight training without holding on his or her flight instructor certificate the appropriate category and class ratings for the aircraft in which the instrument flight training is provided

tificate but not on his or her flight instructor certificate. See Legal Interpretation to Taylor Grayson, January 4, 2010. The FAA responded that, under § 61.195(b), a flight instructor may not conduct instrument flight training without holding on his or her flight instructor certificate the appropriate category and class ratings for the aircraft in which the instrument flight training is provided. 50

50 See Legal Interpretation to Taylor Grayson, January 4, 2010, which states “a flight instructor must have an instrument rating on his flight instructor certificate that is applicable to the aircraft category for which the instrument training is provided.” Additionally, Grayson states “under part 61.195 a flight instructor may not conduct instrument training in a multiengine airplane unless that flight instructor holds the appropriate airplane category multiengine class rating on his or her pilot certificate and flight instructor certificate.

Despite this conclusion, FAA regulations permit a pilot to receive an initial flight instructor certificate with an instrument-airplane or instrument-helicopter rating without a corresponding category (airplane or rotorcraft) and class rating (single engine, multiengine, helicopter) on the flight instructor certificate. 51 In addition, the FAA has indicated in guidance 52 that a flight instructor may provide instrument training in any class of airplane with only an instrument-airplane rating on the flight instructor certificate so long as the person receiving instruction holds category and class ratings for the aircraft in which the instruction is being given. In such instances where guidance is inconsistent with a regulation, the regulation controls.

51 The powered lift category does not contain any corresponding class ratings, on either a pilot certificate or flight instructor certificate, and thus would not be affected by this rulemaking proposal.

52 In Grayson, the FAA noted that FAA guidance was inconsistent with the current regulation. FAA Order 8900.1, Vol

ces where guidance is inconsistent with a regulation, the regulation controls.

52 In Grayson, the FAA noted that FAA guidance was inconsistent with the current regulation. FAA Order 8900.1, Vol. 5, Chpt 2, Sec. 11, stated:

B. Class Ratings. Flight instructors who hold flight instructor certificates issued under part 61, which allow only instrument instructor privileges in airplanes, may give instrument flight instruction in any class airplane that is listed without restriction on their pilot certificate. Instructors holding only a helicopter instrument rating on their flight instructor certificate are limited to conducting instrument flight instruction in helicopters.

C. Ratings Limited to Instrument. Instructors with ratings limited to instrument may not give instrument flight instruction to students who do not hold category and class ratings in the aircraft used. This would be instruction for the addition of a rating that conveys other than instrument privileges. These instructors may not certify logbooks or recommend applicants for any aircraft category or class rating.

However, due to the confusion between the regulation and guidance regarding the qualifications of a flight instructor who is providing instrument training, the FAA is proposing to revise § 61.195. Specifically, the FAA is proposing to revise § 61.195(b) and (c) to permit a flight instructor who holds only an instrument-airplane rating or instrument-helicopter rating on his or her flight instructor certificate to provide instrument training in an aircraft, flight simulation training device (which includes full flight simulators and flight training devices), or in an aviation training device

Specifically, the FAA is proposing to revise § 61.195(b) and (c) to permit a flight instructor who holds only an instrument-airplane rating or instrument-helicopter rating on his or her flight instructor certificate to provide instrument training in an aircraft, flight simulation training device (which includes full flight simulators and flight training devices), or in an aviation training device. As proposed, the authorized instructor and the pilot receiving instrument training would need to possess category and class ratings on their pilot certificates that are applicable to the aircraft in which the instrument training is accomplished. The flight instructor would need to hold the category and class rating on his or her pilot certificate appropriate to aircraft in which instrument training is given at the commercial pilot or ATP certificate level.

For example, a pilot who holds an airplane category single engine-land class rating on his or her private pilot certificate would be able to receive instrument training in a single engine-land airplane from a flight instructor who holds a single engine-land class rating on his or her commercial pilot (or ATP) certificate and an instrument-airplane rating on his or her flight instructor certificate. If the private pilot does not also hold a multiengine-land class rating, then in order to provide instrument training to that private pilot in a multiengine-land airplane, the flight instructor would be required to hold: (1) An instrument-airplane rating on his or her flight instructor certificate, and (2) an airplane category 53

53 Likewise, if the pilot receiving instrument training held a multiengine-land class rating on his or her private pilot certificate but the flight instructor did not hold a multiengine-land class rating at the commercial pilot or ATP certificate level, the instructor—despite holding an instrument-airplane rating on his or her flight instructor certificate—would not be able to provide instrument training to that private pilot in a multiengine-

training held a multiengine-land class rating on his or her private pilot certificate but the flight instructor did not hold a multiengine-land class rating at the commercial pilot or ATP certificate level, the instructor—despite holding an instrument-airplane rating on his or her flight instructor certificate—would not be able to provide instrument training to that private pilot in a multiengine-land airplane.

Allowing a flight instructor with only an instrument rating on his or her flight instructor certificate to provide instrument training when the flight instructor and the pilot receiving instrument training hold the appropriate category and class ratings on their pilot certificates provides adequate assurance that instrument training can be conducted competently and safely because the pilot and the instructor would have each previously demonstrated proficiency during a practical test with an examiner in the category and class of aircraft in which the instrument training is conducted. 54

54 The FAA notes that, as is currently required, either the instructor or the pilot receiving instrument training must be able to act as pilot in command of the aircraft in which the training is provided, meaning that one of them must meet the recent experience requirements, have satisfied the necessary flight review and proficiency check, and hold any required endorsements ( e.g. , complex airplane) for the aircraft.

The FAA believes the fundamentals of instrument training (and the procedures) are a universal skill within a category of aircraft. The IFR procedures are fundamentally consistent within a particular category of aircraft and the same skills and rules apply to operate under IFR in the national airspace system. Obtaining a clearance, maintaining an attitude, altitude, speed, assigned course, following instructions from air traffic control (ATC), and other instrument skills are universal tasks for instrument flight in an aircraft

The IFR procedures are fundamentally consistent within a particular category of aircraft and the same skills and rules apply to operate under IFR in the national airspace system. Obtaining a clearance, maintaining an attitude, altitude, speed, assigned course, following instructions from air traffic control (ATC), and other instrument skills are universal tasks for instrument flight in an aircraft. The ability of an instructor to teach instrument procedures in an aircraft for which he or she possesses an instrument rating on the flight instructor certificate would not be affected by the absence of aircraft category and class ratings on the flight instructor certificate. 55

55 The FAA notes that a flight instructor who holds only an instrument rating on his or her flight instructor certificate is not authorized to provide training to meet requirements for category and class ratings. For example, a flight instructor with only an instrument rating who is providing instrument training required under § 61.129(a)(3)(i) for a commercial pilot certificate with an airplane category single engine class rating is not authorized to provide training to meet requirements that are specific to the category and class of airplane. As such, an applicant for a commercial pilot certificate who receives instrument training from an instrument only instructor would need to obtain training on the areas of operation listed in § 61.127 from an instructor who holds the appropriate category and class for the rating sought. Additionally, the instrument only instructor may not endorse an applicant for a commercial pilot certificate to take the practical test.

e to take the practical test.

In addition, a flight instructor with an instrument rating on his or her flight instructor certificate has demonstrated the required knowledge on the fundamentals of instruction ( e.g. , the learning process, elements of effective teaching, student evaluation and testing, course development, lesson planning and classroom training techniques). See 14 CFR 61.185(a)(1). Therefore, an instructor who holds only an instrument rating on his or her flight instructor certificate meets the same foundational criteria as a person who holds a flight instructor certificate with a category and class rating. This instructional knowledge is in addition to the knowledge and skills specific to the instrument rating and training tasks as provided in the Flight Instructor Instrument Practical Test Standards. 56

56 FLIGHT INSTRUCTOR INSTRUMENT Practical Test Standards for AIRPLANE and HELICOPTER, FAA-S-8081-9D U.S. Department [sic] with Change 1.

D. Light-Sport Aircraft Pilots and Flight Instructors

1. Sport Pilot Flight Instructor Training Privilege

To be eligible for a pilot certificate, a person must receive training from an authorized instructor on certain areas of operation. For instance, an applicant for a private pilot certificate with an airplane category single engine class rating must receive flight training on “basic instrument maneuvers” and “control and maneuvering an aircraft solely by reference to the instruments.” 14 CFR 61.107(b)(1)(ix); 61.109(a)(3). For that reason, a flight instructor authorized to provide flight training to a private pilot applicant (part 61, subpart H instructor) is evaluated during the flight instructor practical test on his or her instructional knowledge related to tasks and maneuvers performed solely by reference to the instruments. 57

57 Flight Instructor Practical Test Standards for Airplane, FAA-S-8081-6D; http://www.faa.gov/training_testing/testing/test_standards/media/FAA-S-8081-6D.pdf

to a private pilot applicant (part 61, subpart H instructor) is evaluated during the flight instructor practical test on his or her instructional knowledge related to tasks and maneuvers performed solely by reference to the instruments. 57

57 Flight Instructor Practical Test Standards for Airplane, FAA-S-8081-6D; http://www.faa.gov/training_testing/testing/test_standards/media/FAA-S-8081-6D.pdf.

Conversely, basic instrument maneuvers are not an area of operation for which sport pilot applicants must receive flight training. 14 CFR 61.311. As such, a sport pilot instructor (part 61, subpart K instructor) is not evaluated during the practical test on his or her instructional knowledge related to basic instrument maneuvers. 58

58 Sport Pilot Practical Test Standards for Airplane, Gyroplane, Glider, and Flight Instructor, FAA-S-8081-29; http://www.faa.gov/training_testing/testing/test_standards/media/faa-s-8081-29.pdf .

Notwithstanding this fact, there is a single circumstance under which a sport pilot must receive flight training on control and maneuvering solely by reference to the instruments. As with other student pilots, a sport pilot applicant must complete solo cross-country flight time to be eligible for the practical test for a sport pilot certificate. 14 CFR 61.313. Prior to accomplishing this solo cross-country flight time, sport pilot applicants must receive flight training from an authorized instructor on various maneuvers and procedures. 59 14 CFR 61.93. For applicants for a single engine airplane rating, the maneuvers and procedures for a cross-country solo endorsement include flight training on control and maneuvering the airplane solely by reference to the instruments. 14 CFR 61.93(e)(12). Sport pilot applicants are not required to receive this specific training unless the airplane they are using to accomplish solo cross-country flight has a V h (maximum speed in level flight with maximum continuous power) greater than 87 knots calibrated air speed (CAS)

ement include flight training on control and maneuvering the airplane solely by reference to the instruments. 14 CFR 61.93(e)(12). Sport pilot applicants are not required to receive this specific training unless the airplane they are using to accomplish solo cross-country flight has a V h (maximum speed in level flight with maximum continuous power) greater than 87 knots calibrated air speed (CAS). The FAA believes that sport pilot flight schools currently use flight instructors certificated under subpart H to provide training in these airplanes.

59 To accomplish solo cross-country flight time, a sport pilot must obtain a student pilot certificate, receive flight training, and obtain an endorsement from an authorized instructor. 14 CFR 61.93.

The FAA is proposing to authorize sport pilot instructors to provide training on control and maneuvering solely by reference to the instruments to sport pilot applicants receiving flight training for the purpose of solo cross-country requirements in an airplane that has a V h greater than 87 knots CAS. Because a sport pilot instructor is not evaluated on this instructional knowledge, the FAA is proposing to require a sport pilot flight instructor to receive training and an endorsement from a flight instructor certificated under subpart H that affirms the sport pilot flight instructor has been found competent and is qualified to provide flight training on tasks and maneuvers performed solely by reference to the flight instruments. A subpart H instructor is necessary to provide the training and endorsement to a sport pilot flight instructor because the subpart H flight instructor is instrument rated and would be knowledgeable on the appropriate techniques for safely accomplishing flight by reference to the flight instruments. The FAA is not requiring a sport pilot flight instructor to receive this endorsement. The

The proposed endorsement would require the sport pilot flight instructor to receive a minimum of 1 hour of ground training and 3 hours of flight training

uctor is instrument rated and would be knowledgeable on the appropriate techniques for safely accomplishing flight by reference to the flight instruments. The FAA is not requiring a sport pilot flight instructor to receive this endorsement. The

The proposed endorsement would require the sport pilot flight instructor to receive a minimum of 1 hour of ground training and 3 hours of flight training. 60 The hour of ground training should emphasize a flight instructor's role, risk, and responsibilities in providing this type of training, evaluation and authorization. This basic instrument flight training should involve flight training for the purpose of giving instruction on control and maneuvering solely by reference to the instruments including straight and level flight, turns, descents, climbs, use of radio aids, and air traffic control directives. 14 CFR 61.93(e)(12). The FAA believes that the sport pilot flight instructor already has demonstrated proficiency in the fundamentals of instruction and course development. The endorsement would ensure that the sport pilot instructor has received appropriate training and assessment from an authorized Subpart H instructor to enable the sport pilot flight instructor to provide this training effectively and safely.

60 Private pilot applicants have a similar requirement under § 61.109(a)(3) that requires 3 hours of flight training in a single-engine airplane on the control and maneuvering of an airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight.

titudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight.

The FAA is proposing to add new § 61.412 that would establish training and endorsement requirements for those sport pilot flight instructors who want to provide training for sport-pilot applicants on control and maneuvering solely by reference to the flight instruments. This training is not required. Rather, the proposed change would allow a flight instructor with only sport pilot rating to provide all the training requirements for the sport pilot certificate. The FAA is proposing to revise § 61.415 by adding a new paragraph (h) to clarify that a sport pilot flight instructor may not conduct flight training on control and maneuvering an aircraft solely by reference to the instruments in an airplane that has a V h greater than 87 knots CAS without meeting the requirements in proposed § 61.412. Because a sport pilot flight instructor is not currently authorized to provide this training, the FAA is not placing any new limitation on sport pilot flight instructors.

The FAA is proposing to make a corresponding change to § 91.109(c). Under that section, no person may operate a civil aircraft in simulated instrument flight unless the other control seat is occupied by a safety pilot who possesses at least a private pilot certificate with category and class ratings appropriate to the aircraft being flown. As such, a flight instructor with a sport pilot rating only (who holds no other pilot certificates) cannot currently act as safety pilot in simulated instrument flight. As proposed, the FAA would revise § 91.109(c) to permit a sport pilot instructor who has obtained the endorsement proposed in § 61.412 to serve as a safety pilot only for the purpose of providing flight training on control and maneuvering solely by reference to the instruments to a sport pilot applicant seeking a solo endorsement in an airplane with a V h greater than 87 knots CAS

strument flight. As proposed, the FAA would revise § 91.109(c) to permit a sport pilot instructor who has obtained the endorsement proposed in § 61.412 to serve as a safety pilot only for the purpose of providing flight training on control and maneuvering solely by reference to the instruments to a sport pilot applicant seeking a solo endorsement in an airplane with a V h greater than 87 knots CAS. This serves the purpose of qualifying the sport pilot student for solo cross-country endorsement.

2. Credit for Training Obtained as a Sport Pilot

In the NPRM that proposed to establish the certification and qualification requirements for sport pilots, the FAA indicated that a pilot would be able to credit “training time and aeronautical experience logged as a sport pilot” toward the requirements for higher certificates in accordance with the logging requirements in § 61.51. 67 FR 5368, 5411 (February 2, 2002). Under § 61.51(h), a person may log training time when that person receives training from an authorized instructor in an aircraft, full flight simulator, or flight training device. 61

61 An authorized instructor for purposes of a sport pilot certificate includes a flight instructor certificated under subpart H of part 61 and a sport pilot instructor certificated under subpart K of part 61 provided the instructor holds the appropriate ratings for the aircraft in which the training is being provided.

A sport pilot instructor is authorized, within the limits of his or her certificate, to provide training and endorsements required for: (1) A student pilot seeking a sport pilot certificate; (2) a sport pilot certificate; (3) a flight instructor certificate with a sport pilot rating; (4) a powered parachute or weight-shift control aircraft rating; (5) sport pilot privileges; (6) a flight review or operating privilege for a sport pilot; (7) a knowledge test or practical test for a sport pilot certificate; (8) a private pilot certificate with a powered parachute or weight-shift-control aircraft rating or a flight

te; (3) a flight instructor certificate with a sport pilot rating; (4) a powered parachute or weight-shift control aircraft rating; (5) sport pilot privileges; (6) a flight review or operating privilege for a sport pilot; (7) a knowledge test or practical test for a sport pilot certificate; (8) a private pilot certificate with a powered parachute or weight-shift-control aircraft rating or a flight instructor certificate with a sport pilot rating; and (9) a proficiency check for an additional category or class privilege for a sport pilot certificate or flight instructor certificate with a sport pilot rating. 14 CFR 61.413.

A sport pilot instructor, therefore, is not authorized to conduct training for a recreational pilot certificate or a private pilot certificate with airplane, rotorcraft, glider, or lighter-than-air category ratings. As such, under § 61.51(h), a pilot may not count flight training received from a flight instructor with only a sport pilot rating (subpart K instructor) towards the training requirements for a recreational pilot certificate or a private pilot certificate with category ratings other than powered parachute and weight-shift control aircraft. 62

62 A pilot may, however, count hours accumulated as a sport pilot toward the flight time (as opposed to flight training) requirements for a higher certificate in accordance with the requirements in § 61.51.

Under current regulations, however, if a pilot receives flight training in a light-sport aircraft 63 for a sport pilot certificate from an instructor who is also authorized to provide training for a private pilot certificate (subpart H instructor), the flight training provided by that instructor may “be credited toward the flight training requirements for a corresponding private pilot certificate, provided the instructor has met all applicable requirements necessary to provide that instruction at the private pilot level.” See Legal Interpretation from Rebecca B. MacPherson to Tim Kern, July 24, 2009

pilot certificate (subpart H instructor), the flight training provided by that instructor may “be credited toward the flight training requirements for a corresponding private pilot certificate, provided the instructor has met all applicable requirements necessary to provide that instruction at the private pilot level.” See Legal Interpretation from Rebecca B. MacPherson to Tim Kern, July 24, 2009. By permitting this training time to be logged toward both certificates, the FAA has recognized that “many of the areas of operation on which an applicant for a sport pilot certificate is required to receive training are identical to those on which an applicant for a private pilot certificate is also required to receive training.” Kern Interpretation.

63 The requirements of a light-sport aircraft are defined in 14 CFR 1.1.

In January 2011, the Aircraft Owners and Pilots Association, the Experimental Aircraft Association, the General Aviation Manufacturers Association and the National Association of Flight Instructors petitioned the FAA to allow pilots to credit the flight training received from a sport pilot instructor towards the training requirements for recreational pilot and private pilot certificates. 64 As suggested in the petition, flight training obtained while training for a sport pilot certificate would be eligible toward some of the hours of flight training required for these higher certificates.

64 http://www.regulations.gov ; Docket No. FAA-2011-0138.

Under current regulations, to obtain a sport pilot certificate with airplane category single engine (land or sea) class privileges, rotorcraft category gyroplane class privileges, or lighter-than-air category airship class privileges, a pilot must complete 20 hours of flight time including at least 15 hours of flight training from an authorized instructor on various areas of operation. 65 A sport pilot's flight training involves takeoffs and landings to a full stop, cross-country flight requirements, and solo flight time in a light-sport aircraft

gyroplane class privileges, or lighter-than-air category airship class privileges, a pilot must complete 20 hours of flight time including at least 15 hours of flight training from an authorized instructor on various areas of operation. 65 A sport pilot's flight training involves takeoffs and landings to a full stop, cross-country flight requirements, and solo flight time in a light-sport aircraft. 66 Finally, a sport pilot applicant must demonstrate proficiency on certain tasks and maneuvers during a practical test. 14 CFR 61.313.

65 To obtain a sport pilot certificate with a lighter-than-air category balloon class privileges, a pilot must complete 7 hours of flight time that includes three flights with an authorized instructor. To obtain a sport pilot certificate with glider category privileges, a pilot must complete 10 hours of flight time including 10 flights with an authorized instructor if the pilot has less than 20 hours of flight time in a heavier-than-air aircraft.

66 Light-sport aircraft used for sport pilot training function the same as other certificated aircraft. In fact, a person could use a light-sport aircraft to accomplish training for a private pilot certificate if he or she chose.

An applicant for a recreational pilot certificate or a private pilot certificate must complete flight training on many of the same tasks and maneuvers required for a sport pilot certificate. In fact, many of the tasks and maneuvers outlined in the practical test standards for a sport pilot mirror the requirements in the practical test standards for recreational or private pilots. For example, ten of the twelve areas of operation required in the airplane practical test standards for private pilot are also listed in the airplane practical test standards for sport pilot. These areas of operation must be performed to identical proficiency standards

tical test standards for a sport pilot mirror the requirements in the practical test standards for recreational or private pilots. For example, ten of the twelve areas of operation required in the airplane practical test standards for private pilot are also listed in the airplane practical test standards for sport pilot. These areas of operation must be performed to identical proficiency standards. As with sport pilot applicants, the flight training for recreational and private pilot certificates includes cross-country flight time, takeoffs and landings to a full stop, and solo flight time. 14 CFR 61.99, 61.109.

Because of the common areas of operation and proficiency standards in flight training for sport pilots, recreational pilots, and private pilots, the FAA is proposing to revise § 61.99 and add new paragraph (l) to § 61.109 to allow flight training received from a sport pilot instructor who does not also hold a flight instructor certificate issued under the requirements in subpart H to be credited towards a portion of the flight training requirements for a recreational or private pilot certificate with airplane, rotorcraft, or lighter-than-air categories. 67 Any training received from a sport pilot instructor that would be credited under this proposal must be completed in an aircraft appropriate to the category and class rating for the recreational or private pilot certificate sought.

67 The FAA notes this situation is different from logging requirements for higher certificate levels. Generally, a pilot may use all of his or her flight time to meet the total minimum flight hours for a certificate when applying for a higher pilot certificate. For example, a pilot who has 80 total flight hours when he or she passes the practical test for a private pilot certificate may count those 80 hours toward the 250 hours of flight time required to apply for a commercial pilot certificate

s. Generally, a pilot may use all of his or her flight time to meet the total minimum flight hours for a certificate when applying for a higher pilot certificate. For example, a pilot who has 80 total flight hours when he or she passes the practical test for a private pilot certificate may count those 80 hours toward the 250 hours of flight time required to apply for a commercial pilot certificate. Training time accomplished prior to private pilot certification, however, may not be used to meet the training requirements for a commercial pilot certificate. See Legal Interpretation from Rebecca B. MacPherson to Richard Theriault, October 8, 2010.

The following table reflects the current regulatory flight training hour requirements for recreational pilots and private pilots for specific categories and classes of aircraft. The last column reflects the sport pilot flight training hours that the FAA is proposing to allow a sport pilot to credit toward those higher certificates.

Table 2—Current and Proposed Flight Training Hour Requirements Aircraft categories Current recreational pilot requirements Current private pilot requirements Sport pilot training proposed to be credited Airplane category—Single Engine 15 hours of training 20 hours of training 10 training hours. Rotorcraft category—Gyroplane 15 hours of training 20 hours of training 10 training hours. Lighter-than-air category—Airship No rating at recreational pilot certificate level 25 hours of flight training 12.5 training hours. Lighter-than-air category—Balloon No rating at recreational pilot certificate level 10 hours of flight training including six training flights with an authorized instructor 5 hours of flight training including three training flights with an authorized instructor

urs. Lighter-than-air category—Airship No rating at recreational pilot certificate level 25 hours of flight training 12.5 training hours. Lighter-than-air category—Balloon No rating at recreational pilot certificate level 10 hours of flight training including six training flights with an authorized instructor 5 hours of flight training including three training flights with an authorized instructor. In proposing this change, the FAA acknowledges that, notwithstanding the number of common training tasks, a private pilot applicant is trained and tested on certain tasks and maneuvers above those that are required for a sport pilot certificate including 3 hours of night training, 3 hours of flight by reference to instruments, operations at an airport with an operating control tower, and some additional cross-country time requirements. 68 For that reason, the FAA is proposing to permit a sport pilot to credit only a portion of the flight training toward higher certificates. The FAA is not proposing to expand the privileges of a flight instructor who holds only a sport pilot rating, other than as discussed previously in section III.D.1 of this preamble, which proposes to authorize sport pilot instructors to provide training on control and maneuvering solely by reference to the instruments to sport pilot applicants receiving flight training for the purpose of solo cross-country requirements, subject to certain conditions. Rather, the FAA is proposing to allow a pilot to credit a portion of flight training received from a sport pilot instructor toward the training hour requirements for higher certificates. As under current procedures, a designated pilot examiner would be required to validate an applicant's eligibility before administering the practical test.

68 Night and instrument time are not required for balloon, powered parachute, or weight-shift control aircraft at the private pilot certification level

rom a sport pilot instructor toward the training hour requirements for higher certificates. As under current procedures, a designated pilot examiner would be required to validate an applicant's eligibility before administering the practical test.

68 Night and instrument time are not required for balloon, powered parachute, or weight-shift control aircraft at the private pilot certification level.

The FAA believes that there are sufficient safeguards including successful completion of a knowledge test and practical test to prevent any reduction in safety. The applicant for a recreational or private pilot certificate would still be required to complete all the requirements for that specific certificate or rating, including the appropriate aeronautical experience requirements, aeronautical knowledge requirements, flight proficiency standards, and preparation for the practical test. For example, a person

In addition to completing the aeronautical experience requirements with a flight instructor certificated under subpart H, an applicant for a recreational or private pilot certificate would be required to receive a minimum of three hours of training within 60 days of the practical test from a flight instructor certificated under subpart H. A flight instructor certificated under subpart H would be required to conduct training on all the areas of operation for a private pilot certificate and certify that the applicant is prepared for the practical test. 14 CFR 61.103(f). Moreover, only a subpart H flight instructor could recommend the applicant for the recreational or private pilot practical test. Ultimately, the practical test provided by an FAA designated pilot examiner would provide confirmation that the pilot has achieved the appropriate level of proficiency required for the higher pilot certification

icant is prepared for the practical test. 14 CFR 61.103(f). Moreover, only a subpart H flight instructor could recommend the applicant for the recreational or private pilot practical test. Ultimately, the practical test provided by an FAA designated pilot examiner would provide confirmation that the pilot has achieved the appropriate level of proficiency required for the higher pilot certification.

The FAA believes the additional training required and provided by a subpart H instructor, and the requirement for the applicant to pass a knowledge test and practical test to the standards required for that higher certificate, would ensure an appropriate level of experience, proficiency and safety.

As an alternative to this proposal, the FAA considered allowing all training received from a sport pilot instructor to be credited by an applicant seeking a recreational or private pilot certificate. An applicant would still be required to obtain a minimum of three hours of training in preparation for the practical test (within the preceding 2 calendar months) from a flight instructor under subpart H, as well as be endorsed by a flight instructor under subpart H as being prepared for the required practical test. The FAA solicits public comment, and any associated data, on this alternative.

E. Pilot School Use of Special Curricula Courses for Renewal of Certificate

The FAA may issue an initial pilot school certificate to a provisional pilot school or may renew a pilot school certificate provided the applicant meets the requirements of § 141.5. Section 141.5(d) currently requires, within the preceding 24 calendar months, the pilot school applicant to have established a pass rate of 80 percent or higher on the first attempt for all knowledge tests leading to a certificate or rating, practical tests leading to a certificate or rating, or end-of-course tests for an approved training course specified in appendix K of that part before the FAA may issue or reissue a pilot school certificate

preceding 24 calendar months, the pilot school applicant to have established a pass rate of 80 percent or higher on the first attempt for all knowledge tests leading to a certificate or rating, practical tests leading to a certificate or rating, or end-of-course tests for an approved training course specified in appendix K of that part before the FAA may issue or reissue a pilot school certificate. In addition, § 141.5(e) requires the pilot school applicant to have graduated at least 10 different people from the school's approved training courses within the previous 24 calendar months. If an applicant for renewal does not meet the quality of training requirements in § 141.5(d) and the recent training ability requirements in § 141.5(e), the FAA may issue a provisional pilot school certificate in accordance with the requirements in § 141.7. 69 14 CFR 141.27(a)(3).

69 Section 141.27 contains the standards for renewing a pilot school certificate. The FAA may renew a pilot school certificate if, among other things, the pilot school meets the “recent training ability and quality” of part 141.

Section 141.53 prescribes the general procedures for a pilot school (or provisional pilot school) concerning the outline of each training course for which the school seeks FAA approval. Often these approved courses lead to a certificate or rating under part 61 or are specific courses set forth in appendix K to part 141 such as training for agricultural aircraft and rotorcraft external-load operations. Section 141.57 also permits a school to receive approval of a special curriculum course. The FAA has approved numerous special curricula courses under § 141.57 that do not lead to a pilot certificate or rating such as crew resource management, the use of night vision goggles, high performance aircraft training, complex airplane training, turbo-prop transition training, and tail-wheel training

ons. Section 141.57 also permits a school to receive approval of a special curriculum course. The FAA has approved numerous special curricula courses under § 141.57 that do not lead to a pilot certificate or rating such as crew resource management, the use of night vision goggles, high performance aircraft training, complex airplane training, turbo-prop transition training, and tail-wheel training. While the FAA is able to approve these courses, and both provisional pilot schools and pilot schools are able to graduate students from these courses, they do not lead to a certificate or rating for the pilots nor are they listed in appendix K to part 141. Therefore, under § 141.5, the graduates that complete these special curricula courses currently may not be counted when calculating the 80 percent pass rate required for issuance or renewal of a pilot school certificate.

Although these special curricula courses do not result in a certificate or rating for the individual pilot, they do require the pilot school to develop a course curriculum, and an FAA Principal Operations Inspector must review and approve the course. In some instances the completion of the course leads to a required logbook endorsement such as a tail-wheel, complex, or high performance endorsement. In other cases, the course is designed to improve a pilot's skills in certain areas and environments such as crew resource management, aerobatics, or mountain flying. If a provisional pilot school is certificated on the basis of special curriculum courses alone, the school will not be able to meet the renewal criteria of § 141.5(d) because the courses do not involve testing for a certificate or rating and are not courses listed in appendix K of part 141. 70 The FAA believes there is a necessity to support part 141 pilot schools that provide instruction for special curriculum courses under § 141.57.

70 Some pilot schools have previously requested exemptions from § 141.5 in order to be eligible for the issuance or renewal of a pilot school certificate

involve testing for a certificate or rating and are not courses listed in appendix K of part 141. 70 The FAA believes there is a necessity to support part 141 pilot schools that provide instruction for special curriculum courses under § 141.57.

70 Some pilot schools have previously requested exemptions from § 141.5 in order to be eligible for the issuance or renewal of a pilot school certificate. The FAA has generally denied these petitions. One exemption was granted to a balloon pilot school that had graduated nine students from 22 different courses and had a 100% pass rate for the pilot certification of their students (Exemption No. 10155A). The exemption was granted due to the limited number of students that receive balloon pilot training and the continuing need for a balloon school in the area. Another exemption was granted to a pilot school in Guam on the basis that there were no other pilot schools in the geographic area (Exemption No. 10435).

Therefore, the FAA is proposing to amend § 141.5(d) to allow part 141 pilot schools that hold training course approvals for special curricula courses to renew their certificates based on their students' successful completion of an end-of-course test for these FAA approved courses. This proposed change would expand the opportunity for pilot schools to maintain part 141 certification and reduce the number of exemption requests submitted to the FAA. The FAA developed part 141 to allow for expanded oversight and the promotion of structured pilot training courses. The Principal Operations Inspector who approves the special curricula course would provide continued oversight and validity of these programs, as is done with any course approved under part 141. Allowing pilot schools to renew their certificates based on special curricula course graduations promotes this type of organized training and FAA oversight of pilot training activities

ot training courses. The Principal Operations Inspector who approves the special curricula course would provide continued oversight and validity of these programs, as is done with any course approved under part 141. Allowing pilot schools to renew their certificates based on special curricula course graduations promotes this type of organized training and FAA oversight of pilot training activities.

If a student fails the end-of-course test for that special curricula course, the student would be recorded as a failure for purposes of calculating the 80 percent pass rate. The FAA believes that this is reasonable due to the fact that special curricula courses do not contain the specific training requirements found

Allowing this additional method of part 141 pilot school renewal would benefit schools that only provide special curricula courses, without requiring an additional certificate course approval that would add cost and complexity to the pilot school operation. Benefits would include promotion of FAA approved pilots schools and increase in available FAA-approved training courses.

The FAA notes that FAA web-based Operations Safety System (WebOPSS) authorizations are available for part 141 schools and can be a method of providing approvals for special curricula courses and other authorizations provided to pilot schools.

F. Temporary Validation of Flightcrew Members' Certificates by Part 119 Certificate Holders Conducting Operations Under Parts 121 or 135

Current regulations require a person who serves as a required pilot flightcrew member of a United States civil aircraft to have a pilot certificate in his or her physical possession or readily accessible in the aircraft when exercising the privileges of that certificate. 14 CFR 61.3(a). The regulations also require a person who serves as a required pilot flightcrew member to have an appropriate medical certificate and government-issued photo identification in his or her physical possession or readily accessible in the aircraft. 14 CFR 61.3(c)

in his or her physical possession or readily accessible in the aircraft when exercising the privileges of that certificate. 14 CFR 61.3(a). The regulations also require a person who serves as a required pilot flightcrew member to have an appropriate medical certificate and government-issued photo identification in his or her physical possession or readily accessible in the aircraft. 14 CFR 61.3(c). In the case of a lost or stolen airman certificate or medical certificate, § 61.29(e) permits a pilot to request a document conveying temporary authority to exercise certificate privileges, which may be carried as an airman certificate or medical certificate for up to 60 days. Requests for these temporary documents can be made to the FAA Aeromedical Certification Branch or the Airman Certification Branch, as appropriate.

For airman certificates, this request can be accomplished online through Airman Online Services 71 or by letter to the Airmen Certification Branch. 72 When using Airman Online Services, the Airman Certification Branch can immediately issue a document by fax or email that is valid for 60 days and provides temporary authority to exercise the privileges of a pilot certificate to an airman.

71 The FAA airman services Web site ( https://amsrvs.registry.faa.gov/amsrvsLogon.asp ) states that “* * * you may request temporary authority to exercise certificate privileges of a valid airman and/or medical certificate or verification of an expired flight instructor certificate in the form of a facsimile (FAX) or email. This authority will be valid for 60 days pending receipt of a permanent replacement certificate or reinstatement of an expired flight instructor certificate. Only one (1) on-line request for temporary authority can be obtained within any six (6) month period.”

72 When a request is made by letter, the Airman Certification Branch issues a replacement certificate rather than providing a document conveying temporary authority

d for 60 days pending receipt of a permanent replacement certificate or reinstatement of an expired flight instructor certificate. Only one (1) on-line request for temporary authority can be obtained within any six (6) month period.”

72 When a request is made by letter, the Airman Certification Branch issues a replacement certificate rather than providing a document conveying temporary authority.

Although the temporary document obtained from the Airman Certification Branch through the Airman Online Services Web site also reflects the airman's medical certificate information, this document is not a sufficient verification of an airman's medical certificate. An airman still must obtain 60-day temporary authority of medical certification from the Aeromedical Certification Branch, which is only available by fax or mail. 73 Under the current process, a pilot can make a phone call during normal business hours requesting a temporary 60-day document for the medical certificate, which can be faxed to the airman. Currently there is no FAA online service available to request a temporary document confirming medical certification.

73 Under § 61.29(b), a request for the replacement of a lost or destroyed medical certificate must be made by letter to the Department of Transportation, FAA, Aerospace Medical Certification Division, P.O. Box 26200, Oklahoma City, OK 73125, or in any other manner and form approved by the Administrator. http://www.faa.gov/licenses_certificates/airmen_certification/contact_airmen_certification/ .

d form approved by the Administrator. http://www.faa.gov/licenses_certificates/airmen_certification/contact_airmen_certification/ .

If a pilot does not have a pilot certificate (or a document issued under § 61.29 conveying temporary authority), medical certificate, and government-issued photo ID in his or her physical possession, a flight cannot be conducted with that person acting as PIC or SIC. Since 1992, the FAA has issued exemptions to part 119 certificate holders conducting operations under parts 121 and 135 to permit them to issue temporary verification documents to flightcrew members who do not have their airman certificates or medical certificates in their personal possession for a particular flight. 74 The FAA has determined that good cause exists to issue these exemptions to prevent cancelation of flights in situations where a pilot flightcrew member's pilot certificate or medical certificate is valid but not physically available. With the emergence of Airman Online Services, the FAA has added as a condition of these exemptions that the relief is intended for situations where the pilots may not have Internet access or other means to expeditiously receive a document from the FAA under § 61.29(e).

74 Currently, there are 10 active exemptions granted for relief of § 61.3

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