Proposed Rule2022-26762

Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference

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Published
December 12, 2022

Issuing agencies

Transportation DepartmentFederal Aviation Administration

Abstract

The FAA proposes to revise certain regulations governing airman certification. Specifically, the FAA Airman Certification Standards and Practical Test Standards are currently utilized as the testing standard for practical tests and proficiency checks for persons seeking or holding an airman certificate or rating. The FAA proposes to incorporate these Airman Certification Standards and Practical Test Standards by reference into the certification requirements for pilots, flight instructors, flight engineers, aircraft dispatchers, and parachute riggers.

Full Text

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<title>Federal Register, Volume 87 Issue 237 (Monday, December 12, 2022)</title>
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[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Proposed Rules]
[Pages 75955-75973]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26762]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, and 65

[Docket No. FAA-2022-1463; Notice No. 23-02]
RIN 2120-AL74


Airman Certification Standards and Practical Test Standards for 
Airmen; Incorporation by Reference

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to revise certain regulations governing 
airman certification. Specifically, the FAA Airman Certification 
Standards and Practical Test Standards are currently utilized as the 
testing standard for practical tests and proficiency checks for persons 
seeking or holding an airman certificate or rating. The FAA proposes to 
incorporate these Airman Certification Standards and Practical Test 
Standards by reference into the certification requirements for pilots, 
flight instructors, flight engineers, aircraft dispatchers, and 
parachute riggers.

DATES: Send comments on or before January 11, 2023.

ADDRESSES: Send comments identified by docket number FAA-2022-1463 
using any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the online instructions for sending your 
comments electronically.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
    Docket: Background documents or comments received may be read at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: Daron Malmborg, Airman Testing 
Standards Branch, AFS-630, Federal Aviation Administration, P.O. Box 
25082, Oklahoma City, OK 73125; (405) 954-4151; <a href="/cdn-cgi/l/email-protection#ce8f889df8fdfeada1a3a3aba0babd8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="19585f4a2f2a297a7674747c776d6a597f7878377e766f">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

List of Abbreviations and Acronyms Frequently Used in This Document

Administrative Procedure Act (APA)
Airman Certification Standards (ACS)
Airline Transport Pilot (ATP)
Instrument Proficiency Check (IPC)
Instrument Flight Rules (IFR)

[[Page 75956]]

Incorporation by Reference (IBR)
Pilot-in-Command Proficiency Check (PIC PC)
Practical Test Standards (PTS)
Visual Flight Rules (VFR)

Table of Contents

I. Executive Summary
II. Authority for This Rulemaking
III. Discussion of the Proposal
    A. Background and Incorporation by Reference
    B. Part 61: Pilots and Flight Instructors
    C. Part 63: Flight Engineers
    D. Part 65: Aircraft Dispatchers and Parachute Riggers
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
V. 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, International Cooperation
VI. Additional Information
    A. Comments Invited
    B. Electronic Access and Filing

I. Executive Summary

    This rulemaking proposes several amendments to parts 61, 63, and 65 
of Title 14 of the Code of Federal Regulations (14 CFR) by 
incorporating by reference (IBR) the Airman Certification Standards 
(ACS) and Practical Test Standards (PTS). The ACSs and PTSs are 
currently utilized as the practical test testing standard for airman 
certificates and ratings. The FAA notes that there are no major 
substantive changes proposed to the testing standards that are already 
in use or the process by which the practical test is conducted. Rather, 
the FAA proposes this rulemaking to bring the ACSs and PTSs into the 
FAA regulations through the proper notice and comment process required 
by the Administrative Procedure Act (APA),\1\ as discussed in section 
III.A. of this preamble.
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    \1\ 5 U.S.C. 551-559.
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    As explained in section III.B. of this preamble, the FAA proposes 
to IBR thirty (30) pilot and flight instructor ACSs and PTSs in part 61 
by adding a centralized IBR section in new Sec.  61.14. The FAA 
proposes to direct compliance on the respective practical tests and 
proficiency checks with the appropriate ACSs and PTSs through proposed 
revisions in Sec. Sec.  61.43, 61.57, 61.58, 61.321, and 61.419. 
Additionally, the FAA proposes to add an appendix to part 61, which 
will concisely set forth which ACS or PTS is applicable to the 
certificate and/or rating sought or proficiency check to be conducted. 
The FAA is also proposing a nonsubstantive conforming amendment to 
Sec.  61.157 to align the Airline Transport Pilot (ATP) airplane and 
powered-lift flight proficiency areas of operation with the areas of 
operation contained in the ATP and Type Rating for Airplane Category 
ACS and ATP and Type Rating for Powered-Lift Category ACS, 
respectively.
    As explained in section III.C. of this preamble, the FAA proposes 
to revise part 63 to IBR the Flight Engineer PTS by revising Sec.  
63.39. Additionally, the FAA proposes minor editorial revisions to 
remove gender references.
    As explained in section III.D. of this preamble, the FAA proposes 
to revise part 65 to IBR the Aircraft Dispatcher and Parachute Rigger 
PTSs. Specifically, the FAA proposes to add both PTSs to the existing 
centralized IBR section, Sec.  65.23. The FAA proposes to revise the 
appropriate sections in subpart C and subpart F of part 65 (i.e., 
Sec. Sec.  65.59, 65.115, 65.119, 65.123) to require compliance with 
the respective PTS.

II. Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes the authority of the FAA Administrator to promulgate 
regulations and rules. Subtitle VII, Aviation Programs, describes in 
more detail the scope of the agency's authority.
    This proposed rulemaking is promulgated under the authority granted 
to the Administrator in 49 U.S.C. Subtitle VII, Part A, Subpart iii, 
Chapter 401, Section 40113 (prescribing general authority of the 
Administrator of the FAA with respect to aviation safety duties and 
powers to prescribe regulations) and Subpart III, Chapter 447, Sections 
44701 (general authority of 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), 44702 
(general authority of the Administrator to issue airman certificates), 
and 44703 (general authority of 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). This rulemaking proposal is 
within the scope of that authority.

III. Discussion of the Proposal

A. Background and Incorporation by Reference

    Under 49 U.S.C. 44703, the Administrator of the FAA possesses the 
authority to issue airman certificates when the Administrator finds, 
after investigation, that an individual is qualified for and able to 
perform the duties related to the position authorized by the 
certificate.\2\ The Administrator carries out this investigative 
authority through 14 CFR parts 61, 63, and 65, which prescribe the 
requirements for airmen to obtain a certificate and a rating.\3\ Each 
respective part contains the general requirements for eligibility, 
which include aeronautical knowledge, flight proficiency, and 
aeronautical experience, as applicable, for each certificate and/or 
rating sought. This generally includes the requirement to pass a 
practical test \4\ specific to the certificate or rating sought.\5\
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    \2\ By statute, a person may not serve in any capacity as an 
airman with respect to a civil aircraft, aircraft engine, propeller, 
or appliance used, or intended for use, in air commerce without an 
airman certificate authorizing the airman to serve in the capacity 
for which the certificate was issued. 49 U.S.C. 44711. The duties of 
airman are identified in the definition of airman in 49 U.S.C. 
40102.
    \3\ Part 61 prescribes certification requirements for pilots, 
flight instructors, and ground instructors; part 63 prescribes 
certification requirements for flight crewmembers other than pilots; 
part 65 prescribes certification requirements for airmen other than 
flight crewmembers.
    \4\ A practical test is ``a test on the areas of operations for 
an airman certificate, rating, or authorization that is conducted by 
having the applicant respond to questions and demonstrate maneuvers 
in flight, in a flight simulator, or in a flight training device.'' 
14 CFR 61.1. Practical tests are administered by FAA inspectors or 
private persons designated by the Administrator. See 49 U.S.C. 
44702(d).
    \5\ Certain certificates do not require the successful 
completion of a practical test to obtain the certificate. For 
example, a certificate on the basis of military competency requires 
only a military competency aeronautical knowledge test, pursuant to 
Sec.  61.73(b); a ground instructor certificate requires only a 
knowledge test on fundamentals of instructing and certain 
aeronautical knowledge areas, pursuant to Sec.  61.213.
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    Prior to 1997, the FAA set forth certain items to be included on 
the practical test \6\ directly in the regulations of part 61 through 
flight proficiency requirements. Specifically, Sec.  61.43 set forth 
broad areas required to be included in practical tests,\7\ and the 
individual subparts applicable to the

[[Page 75957]]

certificate sought required the practical test to include procedures 
and maneuvers selected by an FAA inspector or evaluator from the flight 
proficiency provisions of that subpart. This resulted in an unclear, 
broad, and discretionary testing framework. In 1995,\8\ the FAA 
proposed to replace the flight proficiency requirements for flight 
training and practical tests with approved areas of operation, more 
general in character than the flight proficiency procedures and 
maneuvers, and simplify the practical test general procedures 
regulations to require performance of the areas of operation. The FAA 
also proposed to remove appendix A and appendix B from part 61, which 
contained the practical test requirements for airplane ATP certificates 
and associated class and type ratings and rotorcraft ATP certificates 
and associated class and type ratings, respectively. The FAA stated 
that the specific tasks for training and practical tests within the new 
areas of operation would then be established through the appropriate 
practical test standard, with the purpose of permitting greater 
flexibility in updating the training and testing maneuvers and 
procedures required of pilot and flight instructor applicants. 
Commenters generally opposed this change, stating that the FAA would be 
able to revise the requirements for certificates and ratings through 
the practical test standards without issuing an NPRM and soliciting 
public comments. Commenters also questioned the compliance of the 
proposal with the APA.\9\ Nevertheless, the FAA adopted the proposal 
and assured the public that the FAA would actively seek public comments 
on future revisions of the PTSs.\10\
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    \6\ Prior to 1997, the FAA referred to ``practical tests'' as 
both ``practical test'' and ``flight test.''
    \7\ For example, these broad areas included: executing 
procedures and maneuvers within the aircraft's performance 
capability and limitations, exercising judgment, applying 
aeronautical knowledge. Before 1997, these broad areas only applied 
to private and commercial certificates; the practical test flight 
proficiency areas for ATP certificates and/or additional type 
ratings were set forth in then-appendices A and B of part 61.
    \8\ NPRM, Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, 60 FR 41160 (Aug. 11, 1995).
    \9\ The APA includes requirements for publishing notices and 
providing opportunities for public comment on proposed and final 
rules in the Federal Register. See 5 U.S.C. 553(b).
    \10\ Final Rule, Pilot, Flight Instructor, Ground Instructor, 
and Pilot School Certification Rules, 62 FR 16220 (Apr. 4, 1997).
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    In the implementation of the areas of operation, the FAA 
established the Practical Test Standards (PTS) to define acceptable 
performance of the flight proficiency required to obtain a certificate 
and/or rating. The PTSs were specific to certain certificates and/or 
ratings sought and incorporated the areas of operation set forth in the 
applicable regulations.\11\ Within the PTS, the areas of operation were 
designated as phases of the practical test, which were further 
extrapolated into tasks comprised of knowledge areas, flight 
procedures, or maneuvers appropriate to the overarching area of 
operation. An evaluator \12\ is responsible for determining whether the 
applicant meets the standards outlined in the objective of each 
required task evaluated in accordance with the respective PTS. While 
developed primarily in response to part 61 revisions, PTSs were also 
published and utilized for testing under parts 63 and 65.\13\
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    \11\ As an example, a PTS was authored for the Commercial 
Pilot--Rotorcraft Category, Helicopter and Gyroplane Class. Within 
the PTS, the areas of operation correspond with the areas of 
operation set forth in 14 CFR 61.127(b)(3) and (4), flight 
proficiency areas of operation for rotorcraft category rating with a 
helicopter class rating and rotorcraft category rating with a 
gyroplane class rating, respectively.
    \12\ As it applies to the particular evaluation, an evaluator is 
considered: an aviation safety inspector; pilot examiner (other than 
administrative pilot examiners); training center evaluator (TCE); 
chief instructor, assistant chief instructor, or check instructor of 
a pilot school holding examining authority; an instrument flight 
instructor conducting an instrument proficiency check; or an 
authorized sport pilot instructor.
    \13\ Specifically, PTSs were developed for Flight Engineers in 
part 63 and Aircraft Dispatchers, Mechanic Technicians, and 
Parachute Riggers in part 65. Because these regulations do not 
specifically set out the areas of operation in the same manner as 
part 61, these PTSs are further described in their respective 
sections of this preamble.
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    In collaboration with the aviation industry and the FAA's routine 
review processes, the FAA identified the need for a new, systematic 
approach to testing that would (1) provide clearer standards, (2) 
consolidate redundant tasks, and (3) connect the standards for 
knowledge, risk management, and skills to the knowledge and practical 
tests. Therefore, the FAA began to establish the ACSs in 2011 to 
enhance the testing standard for the knowledge and practical tests. The 
goal in creating the ACS was to drive a systematic approach to the 
airman certification process, including knowledge test question 
development and the conduct of the practical test. In cooperation with 
the ACS Working Group, established through the Aviation Rulemaking 
Advisory Committee (ARAC),\14\ the FAA integrated ``aeronautical 
knowledge'' and ``risk management'' elements into the existing areas of 
operations and tasks set forth in the PTS. Therefore, the ACS is a 
comprehensive presentation integrating the standards for what an 
applicant must know, consider, and do to demonstrate proficiency to 
pass the tests required for issuance of the applicable airman 
certificate or rating. The FAA notes that some PTSs have fully 
transitioned to ACSs, rendering those corresponding PTSs obsolete. 
While FAA continues to actively convert the remaining PTSs to ACSs in 
collaboration with the ACS Working Group, FAA will continue to use the 
PTS for some certificates and ratings until the corresponding ACS is 
completed.
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    \14\ The ARAC is a body established under the Federal Advisory 
Committee Act. 5 U.S.C. app. 2. The ARAC ACS Working Group is 
comprised of the FAA, advocacy groups, instructor groups, training 
providers, academic institutions, and labor organizations.
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    In 2018,\15\ the FAA removed the reference to the practical test 
standards in Sec.  61.43 and broadened the regulatory language to 
encompass the standards set forth in the airman certification 
standards, where applicable (i.e., where ACSs were developed and 
actively utilized for practical tests of certain certificates). The 
regulatory language adopted in 2018 that requires applicants to perform 
the tasks specified in the areas of operation for the airman 
certificate or rating sought is how the regulation is situated today.
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    \15\ Final Rule, Regulatory Relief: Aviation Training Devices; 
Pilot Certification, Training, and Pilot Schools; and Other 
Provisions, 83 FR 30232 (June 27, 2018).
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    While FAA did not consider the content of the PTSs and ACSs 
regulatory requirements, as stated in the 2018 final rule,\16\ the PTS 
and the ACS are purposed to impose requirements on all persons seeking 
an airman certificate or rating in parts 61, 63, and 65. As previously 
discussed, the PTS and ACS require an applicant seeking a certificate 
or rating to complete specific tasks and maneuvers to a minimum 
prescribed standard to obtain the applicable certificate or rating.\17\ 
As such, if an applicant does not perform a task to the standard in the 
applicable ACS or PTS, the applicant cannot obtain the applicable 
certificate and rating. Unsatisfactory performance results in a notice 
of disapproval and/or denial of the certificate or rating.
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    \16\ 83 FR at 30269.
    \17\ Examiners are directed to conduct practical tests in 
accordance with the appropriate ACS or PTS pursuant to FAA Order 
8900.1, Vol. 5, Chap. 1, Sec. 4. Additional direction is found in 
the appropriate FAA Order 8900.1 volume, chapter, and section 
pursuant to the applicable certificate or rating sought (e.g., Vol. 
1, Chap. 2, Sec. 7, Conduct a Private Pilot Certification, Including 
Additional Category/Class Ratings, directs an examiner to conduct 
the practical test in accordance with the private pilot PTS in 
paragraph 5-382).
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    Because of the regulatory nature that the PTSs and ACSs are 
purposed for, through this proposed rulemaking, the FAA is proposing to 
IBR the ACSs and PTSs into parts 61, 63, and 65 so that the standards 
carry the full force and effect of regulation. Due to the unique nature 
of the PTS and ACS documents, which are lengthy and contain complex and 
technical tables, the FAA proposes to IBR these standards rather than

[[Page 75958]]

reproduce the documents in their entirety into the Code of Federal 
Regulations (CFR), as is subsequently discussed.
    IBR is a mechanism that allows Federal agencies to comply with the 
requirements of the APA to publish rules in the Federal Register and 
the CFR by referring to material published elsewhere.\18\ Material that 
is incorporated by reference has the same legal status as if it were 
published in full in the Federal Register.
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    \18\ 5 U.S.C. 552(a), which states, ``except to the extent that 
a person has actual or timely notice of the terms thereof, a person 
may not in any manner be required to resort to, or be adversely 
affected by, a matter required to be published in the Federal 
Register and not so published. For the purpose of this paragraph, 
matter reasonably available to the class of persons affected thereby 
is deemed published in the Federal Register when incorporated by 
reference therein with the approval of the Director of the Federal 
Register.
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    In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\19\ the FAA 
makes the ACSs and PTSs reasonably available to interested parties by 
providing free online public access to view on the FAA Training and 
Testing website at <a href="http://www.faa.gov/training_testing">www.faa.gov/training_testing</a>. The ACSs and PTSs are 
available for download, free of charge, at the provided web address. 
The FAA will continue to provide the ACSs and PTSs to interested 
parties in this manner. In addition to the free online material on the 
FAA's website, hard copies and printable versions are available from 
the FAA. Additionally, all ACSs and PTSs proposed to be incorporated by 
reference are contained in the docket for this NPRM for inspection.
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    \19\ 5 U.S.C. 552(a) requires that matter incorporated by 
reference be ``reasonably available'' as a condition of its 
eligibility. Further, 1 CFR 51.5(a)(2) requires that agencies 
seeking to incorporate material by reference discuss in the preamble 
of the proposed rule the ways that the material it proposes to 
incorporate by reference is reasonably available to interested 
parties and how interested parties can obtain the material.
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    The FAA emphasizes that, in practice, practical tests and 
proficiency checks are already conducted in accordance with the 
applicable ACS or PTS, and there are no changes proposed to current 
testing processes or procedures. Additional information regarding each 
PTS and ACS (including summaries of each publication), revisions to the 
PTSs, transition of PTSs to ACSs, and ACSs introduced in this proposed 
rule may be found in section III.B.1 of this preamble.

B. Part 61: Pilots and Flight Instructors

1. Centralized Incorporation by Reference
    The FAA proposes to IBR thirty (30) PTSs and ACSs into part 61. 
Rather than listing the standard, publishing information, and approval 
language in each affected section of part 61, the FAA proposes the 
creation of a centralized IBR section in new Sec.  61.14 to streamline 
the regulatory text and avoid repetitive information in the 
regulations. The centralized IBR section would contain the IBR approval 
language and the standards' publishing information.\20\ Section 
61.14(a) would set forth the list of ACSs and PTSs to be incorporated 
by reference.
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    \20\ 1 CFR 51.9 sets forth the language required to IBR a 
standard. While this language is only formally approved at the final 
rule stage, this proposed rule includes all required final rule 
language for transparency and consistency.
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    The centralized IBR section in new Sec.  61.14 would not contain 
instructions for using the standards; rather, Sec.  61.43, as 
subsequently discussed, would set forth the compliance requirements 
with the standards as they pertain to the practical test and Sec. Sec.  
61.57, 61.58, 61.321, and 61.419 would set forth the compliance 
requirements with the standards as they pertain to certain proficiency 
checks. The sections promulgating compliance would cross-reference to 
the centralized IBR section, Sec.  61.14.
    The standards contained in the centralized IBR section include 15 
ACSs and 15 PTSs, as follows: \21\
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    \21\ The FAA notes that dates will be added to the regulatory 
text to aid with version and document identification at the Final 
Rule stage, which will precisely reflect the effectivity date of the 
PTSs and ACSs.
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    <bullet> Airline Transport Pilot and Type Rating for Airplane 
Category Airman Certification Standards; FAA-S-ACS-11A.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for airline transport 
pilot and type rating certification in the airplane category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoffs and Landings; In-flight 
Maneuvers; Stall Prevention; Instrument Procedures; Emergency 
Operations; and Postflight Procedures.
    <bullet> Airline Transport Pilot and Type Rating Practical Test 
Standards for Rotorcraft Category Helicopter Rating; FAA-S-8081-20A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the airline transport pilot and type rating practical 
tests for helicopters.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoff and Departure Phase; 
Inflight Maneuvers; Instrument Procedures; Landings and Approaches to 
Landings; Normal and Abnormal Procedures; Emergency Procedures; and 
Postflight Procedures.
    <bullet> Airline Transport Pilot and Type Rating for Powered-Lift 
Category Airman Certification Standards; FAA-S-ACS-17.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for airline transport 
pilot and type rating certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoffs and Departure Phase; In-
flight Maneuvers; Instrument Procedures; Landings and Approaches to 
Landings; Emergency Operations; and Postflight Procedures.
    <bullet> Commercial Pilot for Airplane Category Airman 
Certification Standards; FAA-S-ACS-7B.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the commercial rating 
in the airplane category, single-engine land and sea; and multiengine 
land and sea classes.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers 
and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
High-Altitude Operations; Emergency Operations; Multiengine Operations; 
and Postflight Procedures.
    <bullet> Commercial Pilot for Rotorcraft Category Helicopter Rating 
Airman Certification Standards; FAA-S-ACS-16.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for a commercial pilot 
certification in the rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Emergency Operations; Special Operations; and 
Postflight Procedures.
    <bullet> Commercial Pilot Practical Test Standards for Rotorcraft 
Category Gyroplane Rating; FAA-S-8081-16C.
    [cir] This PTS establishes the aeronautical knowledge, special

[[Page 75959]]

emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot practical test for the rotorcraft 
category gyroplane class.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuvers, Navigation; Flight at 
Slow Airspeeds; Emergency Procedures; and Postflight Procedures.
    <bullet> Commercial Pilot for Powered-Lift Category Airman 
Certification Standards; FAA-S-ACS-2.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for commercial pilot 
certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; 
High-Altitude Operations; Special Operations; and Postflight 
Procedures.
    <bullet> Commercial Pilot Practical Test Standards for Glider 
Category; FAA-S-8081-23B.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot certification practical test for the 
glider category.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Gliderport Operations; 
Launches and Landings; Performance Maneuvers; Soaring Techniques; 
Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency 
Operations; and Postflight Procedures.
    <bullet> Commercial Pilot Practical Test Standards for Lighter-
Than-Air Category; FAA-S-8081-18A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot certification practical tests for 
the lighter-than-air category, balloon and airship classes.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subjects; Preflight Preparation; 
Preflight Lesson on a Maneuver to be Performed in Flight; Preflight 
Procedures; Airport Operations; Launches and Landings; Performance 
Maneuvers; Navigation; Emergency Operations; and Postflight Procedures.
    <bullet> Private Pilot for Airplane Category Airman Certification 
Standards; FAA-S-ACS-6C.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the private pilot 
certification in airplane category, single-engine land and sea; and 
multiengine land and sea classes.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers 
and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Basic Instrument Maneuvers; Emergency Operations; Multiengine 
Operations; Night Operations; and Postflight Procedures.
    <bullet> Private Pilot for Rotorcraft Category Helicopter Rating 
Airman Certification Standards; FAA-S-ACS-15.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the Rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Emergency Operations; Night Operations; and 
Postflight Procedures.
    <bullet> Private Pilot Practical Test Standards for Rotorcraft 
Category Gyroplane Rating; FAA-S-8081-15B.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot practical test for the rotorcraft 
category, gyroplane class.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuver, Ground Reference 
Maneuvers; Navigation; Flight at Slow Airspeeds; Emergency Operations; 
and Postflight Procedures.
    <bullet> Private Pilot for Powered-Lift Category Airman 
Certification Standards; FAA-S-ACS-13.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Ground Reference Maneuvers; Navigation; Slow Flight and 
Stalls; Basic Instrument Maneuvers; Emergency Operations; Night 
Operations; and Postflight Procedures.
    <bullet> Private Pilot Practical Test Standards for Glider 
Category; FAA-S-8081-22A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot certification practical test for the 
glider category.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Gliderport Operations; 
Launches and Landings; Performance Airspeeds; Soaring Techniques; 
Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency 
Operations; and Postflight Procedures.
    <bullet> Private Pilot Practical Test Standards for Lighter-Than-
Air Category; FAA-S-8081-17A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot certification practical tests for the 
lighter-than-air category, balloon and airship classes.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Launches and 
Landings; Performance Maneuvers; Navigation; Emergency Operations; and 
Postflight Procedures.
    <bullet> Private Pilot Practical Test Standards for Powered 
Parachute Category and Weight-Shift-Control Category; FAA-S-8081-32A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot practical tests for powered parachute 
and weight shift control.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; 
Ground Reference Maneuvers; Navigation; Emergency Operations; Night 
Operations; and Postflight Procedures.
    <bullet> Recreational Pilot Practical Test Standards for Airplane 
Category and Rotorcraft Category; FAA-S-8081-3B.

[[Page 75960]]

    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the recreational pilot practical tests for airplane, 
rotorcraft/helicopter, and rotorcraft/gyroplane.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landing, and Go-Arounds; Performance Maneuvers; 
Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Emergency Operations; and Postflight Procedures.
    <bullet> Sport Pilot and Sport Pilot Flight Instructor Practical 
Test Standards for Airplane Category, Rotorcraft Category, and Glider 
Category; FAA-S-8081-29A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the airplane, gyroplane, glider, and flight instructor.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; 
Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Emergency Operations; and Postflight Procedures.
    <bullet> Sport Pilot and Sport Pilot Flight Instructor Practical 
Test Standards for Lighter-Than-Air Category; FAA-S-8081-30A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the airship, balloon, flight instructor.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuver; Ground Reference 
Maneuvers; Navigation; Emergency Operations; and Postflight Procedures.
    <bullet> Sport Pilot and Sport Pilot Flight Instructor Practical 
Test Standards for Powered Parachute Category and Weight-Shift Control 
Category; FAA-S-8081-31A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the weight-shift control, powered parachute, and flight instructor.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; 
Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Emergency Operations; and Postflight Procedures.
    <bullet> Instrument Rating--Airplane Airman Certification 
Standards; FAA-S-ACS-8C.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the instrument rating in the airplane category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control Clearances and 
Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
    <bullet> Instrument Rating--Helicopter Airman Certification 
Standards; FAA-S-ACS-14.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the instrument rating 
helicopter.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control Clearances and 
Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
    <bullet> Instrument Rating--Powered-Lift Airman Certification 
Standards; FAA-S-ACS-3.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the instrument rating in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control Clearances and 
Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
    <bullet> Flight Instructor for Airplane Category Airman 
Certification Standards; FAA-S-ACS-25.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the airplane category.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, 
Landings, and Go-Arounds; Fundamentals of Flight; Performance and 
Ground Maneuvers, Slow Flight, Stalls, and Spins; Basic Instrument 
Maneuvers; Emergency Operations; Multiengine Operations; and Postflight 
Procedures.
    <bullet> Flight Instructor for Rotorcraft Category Helicopter 
Rating Airman Certification Standards; FAA-S-ACS-29.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Helicopter Operations; Hovering 
Maneuvers; Takeoffs, Landings, and Go-Arounds; Fundamentals of Flight; 
Performance Maneuvers, Emergency Operations; Special Operations; and 
Postflight Procedures.
    <bullet> Flight Instructor Practical Test Standards for Rotorcraft 
Category Gyroplane Rating; FAA-S-8081-7C.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
the rotorcraft category, gyroplane class.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subjects; Preflight Preparation; 
Preflight Lesson on a Maneuver to be Performed in Flight; Preflight 
Procedures; Airport Operations; Takeoffs, Landings, and Go-Arounds; 
Fundamentals of Flight; Performance Maneuvers; Flight at Slow 
Airspeeds; Ground Reference Maneuvers; Emergency Operations; and 
Postflight Procedures.
    <bullet> Flight Instructor for Powered-Lift Category Airman 
Certification Standards; FAA-S-ACS-27.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the powered-lift category.

[[Page 75961]]

    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Heliport Operations; Hovering 
Maneuvers; Takeoffs, Landings, and Go-Arounds; Fundamentals of Flight; 
Performance Maneuvers; Ground Reference Maneuvers; Slow Flight and 
Stalls; Basic Instrument Maneuvers; Emergency Operations; Special 
Operations; and Postflight Procedures.
    <bullet> Flight Instructor Practical Test Standards for Glider 
Category; FAA-S-8081-8C.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
the glider category.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Gliderport Operations; Launches and 
Landings; Fundamentals of Flight; Performance Airspeeds; Soaring 
Techniques; Performance Maneuvers; Slow Flight, Stalls, and Spins; 
Emergency Operations; and Postflight Procedures.
    <bullet> Flight Instructor Instrument Practical Test Standards for 
Airplane Rating and Helicopter Rating; FAA-S-8081-9E.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
airplane and helicopter ratings.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Air Traffic Control Clearances and Procedures; Flight by Reference to 
Instruments; Navigation Aids; Instrument Approach Procedures; Emergency 
Operations; and Postflight Procedures.
    <bullet> Flight Instructor Instrument Powered-Lift Airman 
Certification Standards; FAA-S-ACS-28.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
instrument rating in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Air Traffic Control Clearances and Procedures; Flight by Reference to 
Instruments; Navigation Aids; Instrument Approach procedures; Emergency 
Operations; and Postflight Procedure.
    The FAA notes that the ACSs and PTSs that the agency proposes to 
IBR may be categorized into three groups, described herein. First, for 
the majority of the ACSs and PTSs, the FAA has updated version numbers 
from the versions that are currently in use by the regulated community 
(e.g., applicants and examiners). The ACSs and PTSs with updated 
version numbers reflect minor updates, including grammatical or 
clerical corrections, updated regulatory citations, and organizational 
revisions.\22\ However, there are no major substantive revisions or 
additional requirements in the updated ACSs and PTSs incorporated by 
reference that the regulated community must resort to with this 
proposed rulemaking. Additionally, the FAA has updated the titles to 
certain ACSs and PTSs to more consistently reflect the precise category 
and/or rating that the ACS and PTS applies to. The FAA has also drafted 
an ACS companion guide providing guidance on certain nonregulatory and 
technical information removed from the ACSs during the update, which 
may be found in the docket to this rulemaking.
---------------------------------------------------------------------------

    \22\ The FAA notes that each PTS and ACS contains front matter 
that provides revision history and a record of changes, which are 
available for inspection in the docket for this proposed rule.
---------------------------------------------------------------------------

    Second, as discussed in section III.A., the FAA is actively 
converting the PTSs to ACSs across all airman certificates and ratings. 
Therefore, several ACSs proposed to be incorporated by reference as 
part of this rulemaking are currently not used as the FAA testing 
standard. The FAA is proposing that these ACSs would replace the 
existing PTSs as part of the final rule.
    In the interest of transparency, the FAA does note four ACSs that 
added tasks during the transition from PTS to ACS. Specifically, the 
four ACSs affected are: (1) the Commercial Pilot for Airplane Category 
ACS, which adds the Forward Slip to the Landing task in accordance with 
the Private Pilot for Airplane Category ACS, Area of Operation IV, Task 
M for applicants who do not hold an airman certificate with an airman 
certificate with an airplane category rating and a single-engine class 
rating and are applying for a commercial certificate in the airplane 
category with a single engine rating (land or sea); (2) the Private 
Pilot for Rotorcraft Category Helicopter Rating ACS, which adds the 
Approach and Landing with One Engine Inoperative task, Area of 
Operation VII, Task C; (3) the Commercial Pilot for Rotorcraft Category 
Helicopter Rating ACS, which adds three tasks: first, the Anti-Torque 
System Failure (Oral Only) task, Area of Operation VIII, Task G; 
second, the Recovery from Unusual Flight Attitudes task, Area of 
Operation VIII, Task L; and, third, Night Operations task, Area of 
Operation IX, Task C; and (4) Flight Instructor for Rotorcraft Category 
Helicopter Rating ACS, which adds the Recovery from Unusual Flight 
Attitudes task, Area of Operation XI, Task D. The FAA has evaluated 
these tasks in terms of substantive additions to the practical test, 
and has determined these additions are of minimal impact. In other 
words, these added tasks, which have been determined as crucial to 
evaluation in the interest of safety, may be completed concurrently 
with tasks already required on the transitioned ACSs and, therefore, 
only add a negligible amount of time to the requisite practical test.
    Notwithstanding these minimal additions, the conversion of PTS to 
ACS does not markedly change the substantive material to be tested on 
the practical test. The ACS is intended to more concisely capture the 
testing elements contained in the PTS, and the coding structure of the 
ACS provides greater detailed information for instructors and 
evaluators, particularly in areas missed on a knowledge test or not 
satisfactorily completed on a practical test. In sum, while the 
specific elements of the ACS and PTS may not precisely align (e.g., 
broad topics of managing risk and situational awareness in the PTS have 
been put in context of risk management elements on the ACS), the 
performance of tasks required, as well as the standard for satisfactory 
completion, remains generally unchanged, unless otherwise noted in the 
ACS.
    Third, the FAA notes that there are six (6) new powered-lift ACSs 
proposed to be incorporated by reference, including: (1) ATP and Type 
Rating for Powered-Lift Category, (2) Commercial Pilot for Powered-Lift 
Category, (3) Private Pilot for Powered-Lift Category, (4) Instrument 
Rating--Powered-Lift, (5) Flight Instructor for Powered-Lift Category, 
and (6) Flight Instructor Instrument Powered-Lift. As with the other 
ACSs, most of the Powered-Lift ACSs were drafted based on input from

[[Page 75962]]

industry and the ACS Working Group,\23\ and align with the areas of 
operation promulgated by the regulations for the respective 
certificates and/or ratings.\24\ Because these ACSs are newly drafted, 
the FAA invites comments in particular on the six powered-lift ACSs.
---------------------------------------------------------------------------

    \23\ The FAA notes the Private Powered-Lift ACS and Flight 
Instructor Instrument Powered-Lift ACS were drafted prior to the 
receipt of an ACS from the ACS Working Group. The FAA emphasizes 
that these two ACSs were largely informed by Powered-Lift ACSs that 
the ACS Working Group had submitted.
    \24\ For example, the private pilot powered-lift ACS areas of 
operation align with the flight proficiency areas of operation for a 
private pilot powered-lift category rating in 14 CFR 61.107(b)(5).
---------------------------------------------------------------------------

2. Pilot and Flight Instructor Practical Tests
    Section 61.43 contains the general procedures for the practical 
test, including the parameters for the successful completion of a 
practical test.\25\ As discussed in section III.A., completion of the 
practical test for a certificate or rating consists of performing the 
tasks specified in the areas of operation for the airman certificate or 
rating sought,\26\ among other requirements. The FAA proposes to revise 
the language in Sec.  61.43(a)(1) to direct compliance with the 
applicable PTS or ACS.\27\ Specifically, completion of the practical 
test for a certificate or rating would consist of performing the tasks 
specified in the areas of operation contained in the applicable ACS or 
PTS for the airman certificate or rating sought. Additionally, the FAA 
proposes to revise Sec.  61.43(a)(2) and (3) to clarify that the tasks 
and standards referred to in each respective subparagraph are those 
delineated in Sec.  61.43(a)(1).
---------------------------------------------------------------------------

    \25\ 14 CFR 61.43(a).
    \26\ 14 CFR 61.43(a)(1).
    \27\ Section 14 CFR 141.67(c) requires tests given by pilot 
schools with examining authority to be approved by the Administrator 
and be at least equal in scope, depth, and difficulty to the 
comparable knowledge and practical tests prescribed by the 
Administrator under 14 CFR part 61. The FAA is not proposing a 
corresponding change to part 141 in light of the changes to Sec.  
61.43(a). However, the FAA notes that the reference in Sec.  
141.67(c) to part 61 means that for a test to be at least equal in 
scope, depth, and difficulty to the FAA practical test, the test 
must have requirements and standards that are at least equivalent to 
those in the applicable ACS or PTS (as already occurs in practice).
---------------------------------------------------------------------------

    Additionally, in order to clearly define which ACS or PTS an 
applicant is subject to, the FAA proposes to add an appendix (Appendix 
A) to part 61. The appendix will function to aid applicants and 
evaluators in identifying which ACS or PTS must be utilized for the 
certificate and/or rating the applicant seeks. Therefore, proposed 
appendix A to part 61 provides a table containing an list of all part 
61 certificates, ratings, and proficiency checks, and directs which PTS 
or ACS is applicable. The proposed revision to Sec.  61.43(a)(1) 
contains both a reference to the centralized IBR section in Sec.  61.14 
and a reference to appendix A for PTS/ACS applicability.
3. Proficiency Checks
    Proficiency checks are a type of review of a pilot's proficiency 
that is generally required to maintain existing privileges, but also 
required to add privileges in the case of sport pilot certificates. 
Although a proficiency check differs from an initial test for 
certification (i.e., a practical test), which determines a pilot's 
qualification to hold a certificate or rating, pilots completing 
proficiency checks are similarly evaluated against ACSs and PTSs; 
therefore, the FAA finds that conforming amendments are necessary to 
proficiency checks as well. Specifically, the FAA proposes to require 
that instrument proficiency checks (IPC) under Sec.  61.57(d), pilot-
in-command proficiency checks (PIC PC) under Sec.  61.58, and sport 
pilot proficiency checks under Sec. Sec.  61.321 and 61.419 be 
conducted according to the appropriate ACS or PTS, respectively, 
through minor revisions to the applicable section and cross-references 
to the centralized IBR section.
i. Instrument Proficiency Check
    Section 61.57 sets forth the requirements of recent flight 
experience to act as pilot in command of an aircraft. To act as PIC 
under Instrument Flight Rules (IFR) or weather conditions less than the 
minimums prescribed for Visual Flight Rules (VFR), a PIC must complete 
certain instrument experience within a specified time.\28\ A person who 
has failed to meet these instrument experience requirements for more 
than six calendar months \29\ may only reestablish currency by 
completing an IPC, pursuant to Sec.  61.57(d).\30\ Prior to 1997, an 
IPC \31\ was broadly referred to in the regulations and did not require 
any specific checking areas, tasks, or operational characteristics. In 
1997, the FAA clarified the tasks and maneuvers upon which IPC were to 
be conducted. Specifically, the FAA revised Sec.  61.57(d) to require 
that the IPC include a representative number of the tasks required by 
the instrument rating practical test. The reference to ``tasks required 
by the instrument rating practical test'' was understood to embody the 
tasks that were referred to in Sec.  61.43(a)(1), which referred to 
those tasks contained in the practical test standards.\32\
---------------------------------------------------------------------------

    \28\ 14 CFR 61.57(c).
    \29\ A person who has failed to meet the experience requirements 
for fewer than six months may not act as PIC under IFR or the 
weather conditions less than the minimums prescribed for VFR but may 
reestablish instrument privileges by performing the required 
instrument experience in Sec.  61.57(c) in an aircraft in actual 
instrument conditions with someone qualified to act as PIC, in 
simulated instrument conditions with a safety pilot, or in a full 
flight simulator, flight training device, or aviation training 
device as permitted in Sec.  61.57(c)(2).
    \30\ There are certain exceptions to the general requirements of 
establishing instrument proficiency, which are provided in 14 CFR 
61.57(e).
    \31\ Instrument proficiency checks were termed as ``instrument 
competency checks'' prior to the 1997 final rule. See 62 FR at 
16253.
    \32\ 62 FR at 16253.
---------------------------------------------------------------------------

    As discussed in section III.A. of this preamble, in 2018, the FAA 
removed references to the practical test standards in the 
regulations.\33\ Likewise, the FAA found that, for consistency, it was 
inappropriate to reference the areas of operation and instrument tasks 
in the instrument rating PTS. Therefore, in the 2018 rulemaking, the 
FAA revised Sec.  61.57(d) to list the areas of operation for an IPC 
\34\ and noted that the proficiency check would still be driven by the 
standards for the initial issuance of an instrument rating.\35\
---------------------------------------------------------------------------

    \33\ 83 FR at 30269.
    \34\ The areas of operation listed in the regulation for an IPC 
were consistent with six of the eight areas of operation for an 
initial instrument rating in Sec.  61.65(c). 83 FR 30232.
    \35\ Id.
---------------------------------------------------------------------------

    In practice, the person administering an IPC \36\ utilizes the 
appropriate instrument PTS or ACS.\37\ Currently, there is both an 
active PTS and ACS for instrument rating practical tests. Airplane 
Instrument Rating practical tests are conducted via the Instrument 
Rating--Airplane ACS (FAA-S-ACS-8B), while Helicopter Instrument Rating 
and Powered-Lift Instrument Rating practical tests are conducted via 
the Instrument Rating Practical Test Standards for Airplane, 
Helicopter, and Powered-Lift (FAA-S-8081-4E with Changes 1, 2, 3, 4 & 
5). The FAA notes that the current PTS still contains the Airplane 
portion; however, this portion has been superseded by the ACS. While 
previously stated that the IPC in practice currently utilizes the PTS 
or ACS dependent on the rating held, as part of this rulemaking, the 
FAA proposes to transition to an Instrument Rating--Helicopter ACS and 
Instrument Rating--Powered-Lift ACS; therefore, all IPCs would use an 
ACS. The instrument ACSs contain a table that sets forth the minimum 
number of tasks that must be selected during a check to ensure the 
instrument proficiency of the pilot to operate under IFR or in weather

[[Page 75963]]

conditions less than the minimums for VFR.\38\
---------------------------------------------------------------------------

    \36\ See 14 CFR 61.57(d)(3).
    \37\ See FAA Order 8900.1, Vol. 5, Chap. 2, Sec. 3.
    \38\ For example, in the Instrument Rating--Airplane ACS, a 
proficiency check must consist of, at the minimum: Task B in Area of 
Operation III; Task B in Area of Operation IV; Task A in Area of 
Operation V; all Tasks in Area of Operation VI; Tasks B, C, and D in 
Area of Operation VII; and all tasks in Area of Operation VIII.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise Sec.  61.57(d)(1) to 
precisely reflect the standards that an IPC must consist of by stating 
that the IPC must consist of the areas of operation contained in the 
applicable ACS as appropriate to the rating held. The authorized 
instructor will utilize the aforementioned tables within the 
appropriate ACS to check the pilot, and the pilot will have notice and 
understanding of which tasks the pilot is expected to perform. The 
proposed revision to Sec.  61.57(d)(1) contains both a cross-reference 
to the centralized IBR section in Sec.  61.14 and a cross-reference to 
appendix A for ACS applicability. The FAA emphasizes that there are no 
major substantive changes to the proficiency check process or tasks 
required to be conducted during an IPC as a result of this proposal.
ii. Pilot-in-Command Proficiency Check
    Section 61.58 sets forth the requirements for a PIC PC for the 
operation of an aircraft that requires more than one pilot flight 
crewmember or is turbojet-powered. With certain exceptions,\39\ to 
serve as PIC of these aircraft, a person must complete a PIC PC in the 
aircraft within the preceding 12 calendar months and also complete a 
PIC PC in the particular type of aircraft in which the person will 
serve as PIC within the preceding 24 calendar months.\40\ One manner by 
which the PIC PC may be accomplished is through satisfactory completion 
of a PIC PC consisting of the aeronautical knowledge areas, areas of 
operations, and tasks required for a type rating in an aircraft that is 
type certificated for more than one pilot flight crewmember or is 
turbojet powered.\41\
---------------------------------------------------------------------------

    \39\ See 14 CFR 61.58(b), which excepts persons conducting 
operations under subpart K of part 91, part 121, 125, 133, 135, or 
137, or persons maintaining continuing qualification under an 
Advanced Qualification program approved under subpart Y of part 121 
from the requirements of Sec.  61.58.
    \40\ 14 CFR 61.58.
    \41\ 14 CFR 61.58(d)(1).
---------------------------------------------------------------------------

    The FAA has required proficiency checks for PICs operating aircraft 
that require more than one pilot since 1973.\42\ At that time, the PIC 
PCs were required to include the maneuvers, procedures, and standards 
required for the original issuance of a type rating for the aircraft 
used in the check.\43\ In 2011, the FAA revised Sec.  61.58 to also 
require a PIC of a turbojet-powered aircraft to receive an annual pilot 
proficiency check and revised the proficiency check parameters to 
consist of the aeronautical knowledge areas, areas of operation, and 
tasks required for a type rating.\44\ Today, in practice, a person 
authorized by the Administrator conducts the PIC PC under Sec.  
61.58(d)(1) by checking the pilot's performance of specified maneuvers 
and procedures in the applicable ACS or PTS, based on the pilot's 
certificates and ratings held (i.e., because the ACS or PTS is used to 
delineate the tasks required for a type rating on a practical test, the 
ACS or PTS is also used for the proficiency check).\45\
---------------------------------------------------------------------------

    \42\ Final Rule, Miscellaneous Amendments, 38 FR 3161 (Feb. 1, 
1973). 14 CFR 61.58(d)(1) was originally promulgated in 1973 as 
Sec.  61.58(c)(1).
    \43\ In 1997, the FAA revised Sec.  61.58(c)(1) to become Sec.  
61.58(d)(1) and delineated that the proficiency check must consist 
of the maneuvers and procedures required for a type rating. 62 FR 
16220.
    \44\ Final Rule, Pilot in Command Proficiency Check and Other 
Changes to Pilot and Pilot School Certification Rules, 76 FR 54095 
(Aug. 31, 2011).
    \45\ See FAA Order 8900.1, Volume 5, Chapter 1, Section 20.
---------------------------------------------------------------------------

    Because the FAA conducts the PIC PC in accordance with the ACS or 
PTS the FAA proposes a corresponding revision to Sec.  61.58(d)(1). 
Rather than broadly refer to the proficiency check requirements as 
aeronautical knowledge areas, areas of operation, and tasks required 
for a type rating, the FAA proposes to require that the PIC PC 
specifically consist of the areas of operation contained in the 
applicable ACS or PTS. The FAA emphasizes that there are no substantive 
changes to the maneuvers and procedures on the PIC PC in this proposal. 
The proposed revision contains both a cross-reference to the 
centralized IBR section in Sec.  61.14 and a cross-reference to 
appendix A to determine ACS or PTS applicability.
iii. Sport Pilot Proficiency Checks
    The final group of proficiency checks in part 61 are those for 
certificated sport pilots seeking to operate an additional category or 
class of light-sport aircraft, and certificated flight instructors with 
a sport pilot rating seeking to provide training in an additional 
category or class of light-sport aircraft. A certificated sport pilot 
must, among other requirements,\46\ successfully complete a proficiency 
check on the aeronautical knowledge areas and areas of operation 
specified in Sec. Sec.  61.309 and 61.311 \47\ for the additional 
light-sport aircraft privilege sought. A certificated flight instructor 
must, among other requirements,\48\ successfully complete a proficiency 
check on the areas of operation specified in Sec.  61.409 for the 
additional category and class of flight instructor privilege sought. 
The FAA stated that these areas of operation were consistent with and 
based upon the existing flight proficiency requirements established for 
higher certificate levels under part 61 \49\ and drafted the Sport 
Pilot PTSs to align with these areas of operation. For the 
aforementioned certificated sport pilots and certificated flight 
instructors, in practice, the proficiency checks are conducted in 
accordance with the respective Sport Pilot PTS,\50\ which incorporate 
the aeronautical knowledge areas and areas of operation provided in 
Sec. Sec.  61.309, 61.311, and 61.409, applicable to the additional 
privileges sought.
---------------------------------------------------------------------------

    \46\ See 14 CFR 61.321.
    \47\ Section 61.309 contains the aeronautical knowledge areas, 
while Sec.  61.311 contains the areas of operation.
    \48\ See 14 CFR 61.419.
    \49\ NPRM, Certification of Aircraft and Airmen for Operation of 
Light-Sport Aircraft, 67 FR 5367 (Feb. 5, 2002).
    \50\ Sport Pilot PTS for Airplane, Gyroplane, Glider, and Flight 
Instructor; Sport Pilot PTS for Airship, Balloon, and Flight 
Instructor; Sport Pilot PTS for Weight Shift Control, Powered 
Parachute, and Flight Instructor. See FAA Order 8900.1, Vol. 5, 
Chap. 2, Sec. 12.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise Sec.  61.321(b) to precisely 
reflect the standards that the proficiency check aligns with by stating 
that the proficiency check must consist of the appropriate areas of 
operation contained in the applicable PTS for the additional light-
sport aircraft privilege sought. Likewise, the FAA proposes to revise 
Sec.  61.419(b) to require the flight instructor to successfully 
complete a proficiency check consisting of the appropriate areas of 
operation contained in the applicable PTS for the additional category 
and class flight instructor privilege sought. The proposed revisions to 
both Sec. Sec.  61.321 and 61.419 contain a cross-reference to the 
centralized IBR section in Sec.  61.14 and a cross-reference to 
appendix A to determine PTS \51\ applicability. The FAA emphasizes that 
there are no substantive changes to the tasks required to be conducted 
in the proficiency check to add additional sport pilot privileges in 
this proposal.
---------------------------------------------------------------------------

    \51\ The FAA notes that, currently, only PTSs exist for sport 
pilots; however, as discussed in section III.A. of this preamble, 
the FAA continues work to convert all PTSs to ACSs.
---------------------------------------------------------------------------

4. Conforming Amendment to ATP Flight Proficiency Areas of Operation
    As part of the FAA's routine review of the testing standards, the 
FAA noticed that the areas of operation in the ATP and Type Rating for 
Airplane

[[Page 75964]]

Category ACS \52\ do not precisely align with the flight proficiency 
areas of operation set forth in Sec.  61.157(e)(1) and (2).\53\ 
Similarly, while reviewing the ATP and Type Rating for Powered-Lift 
Category ACS, the FAA noted similar discrepancies between the draft ACS 
and the requirements of Sec.  61.157(e)(3). Specifically, Sec.  
61.157(e)(1), airplane category with single engine class rating, Sec.  
61.157(e)(2), airplane category with multiengine class rating, and 
Sec.  61.157(e)(3), powered-lift category rating, each list Normal and 
abnormal procedures, which is not an independent area of operation in 
the ACS. Further, the ACS appears to combine the regulatory independent 
areas of operation Takeoff and departure phase and Landings and 
approaches to landings in a single area of operation, Takeoffs and 
landings, in Sec.  61.157(e)(1) and (2). Additionally, the ACS contains 
Stall prevention as an area of operation, which is not delineated as an 
area of operation in Sec.  61.157(e)(1) and (2). Finally, a terminology 
discrepancy exists in one area of operation where Emergency procedures 
is stated in the regulations but referred to as Emergency operations in 
the ACS.
---------------------------------------------------------------------------

    \52\ FAA-S-ACS-11 (June 2019).
    \53\ The FAA notes that this deviation is only present in the 
ATP Airplane ACS for single engine and multiengine class ratings; 
the areas of operation in the ATP Helicopter PTS concisely 
correspond with the areas of operation set forth in Sec.  
61.157(e)(4). Therefore, no revisions are proposed to Sec.  
61.157(e)(4).
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise the areas of operation in 
Sec.  61.157(e)(1) and (2) to align with the areas of operation in the 
ACS, as subsequently explained, and similarly proposes two minor 
revisions to Sec.  61.157(e)(3).
    First, the FAA proposes to add Stall prevention as an area of 
operation in Sec.  61.157(e)(1) and (2). The FAA notes that because 
practical tests are conducted in accordance with the ACS, the addition 
of Stall prevention in Sec.  61.157(e)(1) and (2) does not add tasks 
that an applicant is expected to demonstrate, as Stall prevention was 
already an area of operation within the ACS \54\ and, therefore, is 
currently evaluated on the practical test. The FAA also proposes to 
revise Sec.  61.57(e)(1) and (2) to combine Takeoff and departure phase 
with Landings and approaches to landings to become Takeoffs and 
landings, which encompasses the former two areas of operation.
---------------------------------------------------------------------------

    \54\ Stall Prevention was previously tested under area of 
operation IV, Inflight Maneuvers, before the ATP Airplane PTS 
transitioned to the ACS. The ACS moved stall tasks into an 
independent area of operation to place special emphasis on its 
importance in airman training and testing and the prevention of 
stall-related aviation accidents.
---------------------------------------------------------------------------

    Additionally, the FAA proposes to remove Normal and abnormal 
procedures as an area of operation within the airplane category and 
powered-lift category areas of operation from Sec.  61.157(e)(1), (2), 
and (3). Instead, the FAA proposes to add language to the introductory 
text of Sec.  61.157(e) to specify that normal and abnormal procedures 
by characteristic are inherently integrated in the tasks and maneuvers 
in the ACSs for airplane category single engine class rating, airplane 
category multiengine class rating, and powered-lift category rating 
(i.e., Sec.  61.157(e)(1), (2), and (3)). Because the two ACSs (i.e., 
ATP and Type Rating for Airplane Category ACS and ATP and Type Rating 
for Powered-Lift ACS) integrate the demonstration of normal and 
abnormal procedures within their fundamental task structures, there is 
no need for a separate area of operation addressing normal and abnormal 
procedures in isolation in the ACS. For example, in the ATP and Type 
Rating for Airplane Category ACS, Area of Operation II. Preflight 
Procedures, Task B. Powerplant Start requires an applicant to 
demonstrate understanding of normal and abnormal powerplant start 
procedures and limitations, including the use of an auxiliary power 
unit or external power source, if applicable.\55\
    Finally, as previously noted, the regulations (i.e., Sec. Sec.  
61.157(e)(1)(viii), (e)(2)(viii), and (e)(3)(viii)) utilize the phrase 
Emergency procedures, while the ATP and Type Rating for Airplane 
Category ACS and ATP and Type Rating for Powered-Lift Category ACS use 
the phrase Emergency operations. Therefore, for standardization 
purposes, FAA proposes a minor nomenclature change to Sec. Sec.  
61.157(e)(1)(viii), (e)(2)(viii), and (e)(3)(viii), which are proposed 
as Sec. Sec.  61.157(e)(1)(vii), (e)(2)(vii), and (e)(3)(vii), to the 
area of operation Emergency operations.
    The FAA again emphasizes that there are no substantive changes 
being made to the tasks and maneuvers that an applicant for an ATP 
certificate must demonstrate in these changes. These proposed revisions 
are simply editorial and organizational changes to align the 
regulations and ACSs for ease in functional application. As a result of 
the organizational changes, some areas of operation have been 
renumbered. Table 1 summarizes these changes as follows:

         Table 1--Revisions to Sec.   61.157(e)(1), (2), and (3)
------------------------------------------------------------------------
   Current areas of operation in Sec.
       61.157(e)(1), (2), and (3)               Proposed revision
------------------------------------------------------------------------
(i) Preflight Preparation..............  No proposed revision.
(ii) Preflight Procedures..............  No proposed revision.
(iii) Takeoff and Departure Phase......  Combine (iii) and (vi) in Sec.
                                           61.157(e)(1) and (2).
(iv) In-Flight Maneuvers...............  No proposed revision.
(v) Instrument Procedures..............  No proposed revision.
(vi) Landings and Approaches to          Combine (iii) and (vi) in Sec.
 Landings.                                 61.157(e)(1) and (2).
(vii) Normal and Abnormal Procedures...  Remove in Sec.   61.157(e)(1),
                                          (2), and (3).
(viii) Emergency Procedures............  Rename in Sec.   61.157(e)(1),
                                          (2), and (3).
(ix) Postflight Procedures.............  No proposed revision.
                                         Addition of Stall Prevention in
                                          Sec.   61.157(e)(1) and
                                          (e)(2).
------------------------------------------------------------------------

    The FAA notes that part 141 sets forth certain areas of operation 
for ATP certification courses in appendix E.\56\ Specifically, appendix 
E prescribes the minimum training curriculum for an ATP certification 
course for an airplane category single-engine rating, airplane category 
multiengine rating, rotorcraft category helicopter rating, and powered-
lift category rating. Section 4.(c) requires that an approved course 
must include flight training on the areas of operation listed in that 
section. These areas of operation align with the areas of operation set 
forth by Sec.  61.157(e) as currently situated.
---------------------------------------------------------------------------

    \56\ 14 CFR 141.55 requires that each training course for which 
approval is requested must meet the minimum curriculum requirements 
in accordance with the appropriate appendix of part 141.
---------------------------------------------------------------------------

    While the FAA proposes revisions to the areas of operation listed 
in

[[Page 75965]]

Sec.  61.157(e)(1), (2), and (3), as previously described, the FAA is 
not proposing to revise the areas of operation set forth in part 141, 
appendix E, section 4.(c). Thus, the FAA acknowledges that these areas 
of operation for training courses in part 141 will not precisely align 
with the proposed areas of operation set forth by Sec.  61.157(e)(1), 
(2), and (3). However, the areas of operation for testing, whether 
under part 61 or part 141 will be governed by areas of operation in the 
ATP ACS or PTS, which align to the areas of operation in proposed Sec.  
61.157(e).\57\
---------------------------------------------------------------------------

    \57\ In other words, applicants from a pilot school or 
provisional pilot school will either take (1) the FAA practical 
test, which aligns to the ATP ACS or PTS via Sec.  61.43(a), or (2) 
take an end-of-course test given by a pilot school who holds 
examining authority for the training course. Per Sec.  141.67(c), 
this end-of-course test must have requirements and standards that 
are at least equivalent to those in the applicable ATP ACS or PTS 
because this end-of-course test must be equal in scope, depth and 
difficulty to the comparable practical test prescribed by the 
Administrator under part 61.
---------------------------------------------------------------------------

C. Part 63: Flight Engineers

    Part 63 contains the certification requirements for flight 
crewmembers other than pilots, specifically, flight engineers and 
flight navigators. Both flight engineers and flight navigators are 
required to pass a practical test to obtain a certificate. Currently, 
the flight engineer practical test utilizes the Flight Engineer 
Practical Test Standards, whereas the flight navigator practical test 
is based on part 63, appendix A, which sets forth the prescribed 
subjects to be tested on the flight navigator practical test.\58\ In 
light of the prescribed subjects contained in appendix A, there is no 
developed PTS or ACS for flight navigators at this time.\59\ Therefore, 
the FAA proposes to only IBR one PTS (i.e., the Flight Engineer PTS) 
into part 63.
---------------------------------------------------------------------------

    \58\ 14 CFR 63.57(c).
    \59\ The FAA estimates there are only 30 active flight navigator 
certificates during 2021. <a href="https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics">https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics</a>.
---------------------------------------------------------------------------

    The requirements to obtain a flight engineer certificate have 
remained largely unchanged since the establishment of the flight 
engineer certificate in 1947.\60\ Since the inception of the 
certificate, the regulations have set forth the delineated subjects the 
practical test would cover with little revision of subject areas.\61\ 
Unlike parts 61 and 65, which were revised in tandem to make general 
references to the PTS in 1997,\62\ part 63 did not follow suit and 
retained the specific subject areas in the regulations. These subject 
areas are fashioned as areas of operation in the Flight Engineer 
PTS,\63\ which are further expanded into tasks that list the required 
knowledge and skills appropriate to the area of operation. Each task 
lists an objective, which consist of the important elements that must 
be satisfactorily performed to demonstrate competency. Specifically, 
the objective includes what the applicant must be able to do, the 
conditions under which the task is to be performed, and the minimum 
acceptable standards of performance. The Flight Engineer PTS is to be 
used for the initial issuance of a Flight Engineer Certificate and for 
the addition of class ratings to that certificate.
---------------------------------------------------------------------------

    \60\ Final Rule, Part 35--Flight Engineer Certificates, 12 FR 40 
(Jan. 3, 1947).
    \61\ The regulations promulgating the subject areas as they 
exist today were adopted in 1962. Final Rule, Flight Engineer 
Certificates and Training Courses, 30 FR 14558 (Nov. 23, 1965).
    \62\ 62 FR 16220.
    \63\ For example, Sec.  63.39(b)(1) requires the applicant to 
show that the applicant can satisfactorily perform preflight 
inspection. Preflight Inspection is implemented in the Flight 
Engineer PTS as area of operation II: Preflight Procedures, divided 
into Task A: Preflight Inspection and Flight Deck Setup and Task B: 
Preflight Inspection--Exterior.
---------------------------------------------------------------------------

    Because the flight engineer practical test is conducted in 
accordance with the Flight Engineer PTS, the FAA proposes to revise 
Sec.  63.39 to IBR the Flight Engineer PTS. Section 63.39(a) would be 
revised to conform to current practice and specify that, in order to 
pass the practical test for a flight engineer certificate, an applicant 
must satisfactorily demonstrate the objectives in the areas of 
operation contained in the Flight Engineer PTS. Accordingly, Sec.  
63.39(c) would be added to IBR the Flight Engineer PTS. The FAA is also 
proposing minor editorial revisions in Sec.  63.39(b) to remove gender 
references.

D. Part 65: Aircraft Dispatchers and Parachute Riggers

1. Centralized Incorporation by Reference
    Part 65 contains the certification requirements for airmen other 
than flight crewmembers, including aircraft dispatchers and parachute 
riggers. Both aircraft dispatchers and parachute riggers are required 
to pass a practical test \64\ to obtain a certificate and/or rating. 
The FAA proposes to incorporate the applicable PTSs for aircraft 
dispatchers and parachute riggers by reference, as discussed in 
sections III.D.2. and III.D.3 of this preamble. Part 65 currently 
contains a centralized IBR section in Sec.  65.23, which houses the 
Aviation Mechanic General, Airframe, and Powerplant Practical Test 
Standards and the Aviation Mechanic General, Airframe, and Powerplant 
Airman Certification Standards.\65\ The FAA proposes to revise the 
centralized IBR section in part 65 to include the Aircraft Dispatcher 
Practical Test Standards and Parachute Rigger Practical Test Standards. 
Specifically, to organize the PTSs and ACSs in alphanumeric order by 
version number, the FAA proposes to redesignate current Sec.  
65.23(a)(1) and (2) as Sec.  65.23(a)(3) and (4). The Aircraft 
Dispatcher PTS, which is summarized in section III.D.2. of this 
preamble, would be contained in revised Sec.  65.23(a)(1); the 
Parachute Rigger PTS, which is summarized in section III.D.3. of this 
preamble, would be contained in revised Sec.  65.23(a)(2). . The 
centralized IBR section does not contain instructions for compliance 
with the standards. Rather, part 65 sections, as subsequently 
discussed, require compliance with these respective standards (i.e., 
Sec. Sec.  65.59, 65.115, 65.119, and 65.123) and refer to Sec.  65.23 
for identification information and the IBR language required by 1 CFR 
part 51.
---------------------------------------------------------------------------

    \64\ 14 CFR 65.53(b)(4), 65.115, 65.119, and 65.123.
    \65\ Interim Final Rule, Aviation Maintenance Technician 
Schools, 87 FR 31391 (May 24, 2022).
---------------------------------------------------------------------------

2. Aircraft Dispatchers
    Subpart C of part 65 promulgates the requirements to obtain an 
aircraft dispatcher certificate. Currently, Sec.  65.59 requires an 
applicant for an aircraft dispatcher certificate to pass a practical 
test by demonstrating skill in applying the areas of knowledge and 
topics in appendix A of part 65 to preflight and all phases of flight, 
including abnormal and emergency procedures. Appendix A contains the 
areas of knowledge necessary to perform dispatcher functions, and 
indicates the minimum set of topics that must be covered in a training 
course for aircraft dispatcher certification required by Sec.  65.61, 
Aircraft dispatcher certification courses: Content and minimum hours.
    Similar to part 61, the FAA set forth the specific topics to be 
tested on the aircraft dispatcher practical test directly in the 
regulations governing such crewmembers in part 65 until 1999.\66\ In 
1999,\67\ the FAA amended the eligibility and certification 
requirements for aircraft dispatchers, to include removal of the 
specific topics in Sec.  65.59 to be tested on the practical test. 
Instead, the FAA tethered the practical test to the aircraft dispatcher 
practical test standards, as published by the FAA, on

[[Page 75966]]

the items specified in appendix A of part 65.\68\ This aligned with the 
FAA's general disposition in part 61 to remove specific topics and 
instead broadly reference the practical test standards. In 2018, the 
FAA removed the reference to the aircraft dispatcher PTS to be 
consistent with editorial changes made to other parts \69\ pertaining 
to the certification of airman. In its place, the FAA required an 
applicant to demonstrate skill in applying the areas of knowledge and 
topics provided in appendix A of part 65 in the regulations, but 
explained in the final rule preamble that the practical test would 
continue to be based on the aircraft dispatcher PTS.\70\
---------------------------------------------------------------------------

    \66\ Before 1962, Sec.  27.33 promulgated the skill requirements 
and listed subject areas the practical test covered. In 1962, Sec.  
27.33 was relocated to Sec.  65.59, with no substantive revisions to 
the list of practical test subject areas. Final Rule, Addition of 
Subchapter, 27 FR 7954 (Aug. 10, 1962).
    \67\ Final Rule, Revision of Certification Requirements: 
Aircraft Dispatchers, 64 FR 68916 (Apr. 6, 2000).
    \68\ Appendix A of part 65 sets forth the areas of knowledge 
necessary to perform dispatcher functions, which function as the 
minimum set of topics that must be covered in a training course for 
aircraft dispatcher certification.
    \69\ As discussed in section III.A. of this preamble, the FAA 
removed direct references to the PTS in part 61 as well.
    \70\ 83 FR at 30269.
---------------------------------------------------------------------------

    Currently, FAA inspectors and designated examiners conduct aircraft 
dispatcher tests in accordance with the Aircraft Dispatcher PTS; 
however, the Aircraft Dispatcher PTS is not a regulatory standard for 
the practical test. The Aircraft Dispatcher PTS contains knowledge and 
skill tasks that an applicant must demonstrate to pass the practical 
test for an Aircraft Dispatcher certificate. Specifically, the Aircraft 
Dispatcher PTS contains areas of operation, which are divided into 
tasks (e.g., navigation and aircraft navigation systems, practical 
dispatch applications). Each task lists an objective, which consists of 
the elements that must be satisfactorily performed to demonstrate 
competency. Specifically, the objective includes what the applicant 
must be able to do, the conditions under which the task is to be 
performed, and the minimum acceptable standards of performance. The FAA 
notes that the Aircraft Dispatcher PTS objectives within the Tasks of 
the areas of operation generally align to the topics set forth in 
appendix A. This proposed revision to require compliance with the PTS 
rather than appendix A would not add topics or substantive changes to 
what is currently contained on the practical test.\71\
---------------------------------------------------------------------------

    \71\ The FAA is not inclined to remove Appendix A due to 
possible unforeseen effects on aircraft dispatcher course curriculum 
that are already in use and has determined that requiring an 
aircraft dispatcher course to align their curriculum with the 
Aircraft Dispatcher PTS would be out of the scope of this rule at 
this time.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise Sec.  65.59 to direct 
compliance with the Aircraft Dispatcher PTS in practical testing. 
Specifically, proposed Sec.  65.59 will require an aircraft dispatcher 
to satisfactorily demonstrate the objectives in the areas of operation 
specified in the Aircraft Dispatcher PTS. Proposed Sec.  65.59 would 
cross reference the centralized IBR section, Sec.  65.23, for 
publication information on the PTS.
3. Parachute Riggers
    Subpart F of part 65 governs the requirements to obtain a senior 
parachute rigger and master parachute rigger certificate. Both a senior 
parachute rigger and a master parachute rigger require the passage of 
an oral and practical test for the issuance of a certificate.\72\ 
Likewise, the addition of a type rating to a parachute rigger 
certificate (i.e., seat, back, chest, and/or lap type rating) requires 
the certificated parachute rigger to pass a practical test.\73\ Due to 
the unique nature of the job duties of a parachute rigger, the 
regulations have broadly required that the oral and practical test must 
examine the applicant's ability to pack and maintain a parachute.\74\ 
In practice, the Parachute Rigger PTS is utilized to conduct the oral 
and practical test for obtaining a senior parachute rigger certificate 
and master parachute rigger certificate and is also utilized for the 
practical test for obtaining type ratings for seat, back, chest, and 
lap. Specifically, the Parachute Rigger PTS contains areas of operation 
(e.g., packing parachutes, parachute operation and care), which are 
divided into tasks that are specified as applicable to the certificate 
and/or rating sought. For example, a task that is only involved in a 
seat type rating is delineated as such (i.e., Task A: Packing Seat Type 
Parachute (Seat Type Rating)). Each task lists an objective, which 
consists of the elements that must be satisfactorily performed to 
demonstrate competency. Specifically, the objective includes what the 
applicant must be able to do, the conditions under which the task is to 
be performed, and the minimum acceptable standards of performance.
---------------------------------------------------------------------------

    \72\ 14 CFR 61.115, 61.119.
    \73\ 14 CFR 65.123(b).
    \74\ Pursuant to 14 CFR 65.115, the oral and practical test for 
a senior parachute rigger certificate requires the applicant to show 
the ability to pack and maintain at least one type of parachute in 
common use, appropriate to the type rating sought. Pursuant to 14 
CFR 65.119, the oral and practical test for a master parachute 
rigger certificate requires the applicant to show the ability to 
pack and maintain two types of parachutes in common use, appropriate 
to the type rating sought. Pursuant to 14 CFR 65.123, a certificated 
parachute rigger who applies for an additional type rating must pass 
a practical test showing the ability to pack and maintain the type 
of parachute applicable to the type rating sought.
---------------------------------------------------------------------------

    The FAA proposes to revise Sec. Sec.  65.115 and 65.119 to require 
the applicant to pass the oral and practical test by satisfactorily 
demonstrating the objectives in the areas of operation in the Parachute 
Rigger PTS applicable as appropriate to the respective certificate 
(i.e., senior parachute rigger, master parachute rigger) and type 
rating sought. Further, should a certificated parachute rigger apply 
for an additional type rating (i.e., seat, back, chest, lap), that 
applicant must pass a practical test appropriate to the type rating 
sought, pursuant to Sec.  65.123. Because the testing standards for 
each type rating are contained and specified in the Parachute Rigger 
PTS, the FAA proposes to revise Sec.  65.123(b) to require that, in 
order to pass a practical test for an additional type rating, an 
applicant must satisfactorily demonstrate the objectives in the area of 
operation applicable to the type rating sought, which are specified in 
the Parachute Rigger PTS. Sections 65.115, 65.119, and 65.123 will each 
cross reference the centralized IBR section, Sec.  65.23, for 
publication information on the Parachute Rigger PTS.
    The FAA is also proposing minor editorial revisions in Sec. Sec.  
65.115, 65.119, and 65.123 to remove gender references.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563 direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify the costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. Fourth, the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate that may 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100,000,000 or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $164,000,000, using the 
most current (2021) Implicit Price Deflator for the Gross Domestic 
Product. This portion of the preamble

[[Page 75967]]

summarizes the FAA's analysis of the economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
rule: will result in benefits that justify costs; is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; will not have a significant economic 
impact on a substantial number of small entities; will not create 
unnecessary obstacles to the foreign commerce of the United States; and 
will not impose an unfunded mandate on State, local, or tribal 
governments, or on the private sector.

A. Regulatory Evaluation

1. Need for the Regulation
    Through this rulemaking, the FAA is proposing to incorporate by 
reference (IBR) certain PTSs and ACSs into parts 61, 63, and 65 so the 
standards carry the full force and effect of regulation. Because of the 
unique nature of the PTS and ACS documents, which are lengthy and 
contain complex and technical tables, the FAA proposes the mechanism of 
IBR. IBR allows Federal agencies to comply with the requirements of the 
APA to publish rules in the Federal Register and the Code of Federal 
Regulations by referring to material published elsewhere. Material that 
is incorporated by reference has the same legal status as if it were 
published in full in the Federal Register.
2. Baseline for the Analysis
    Title 14 Code of Federal Regulations (14 CFR) parts 61, 63, and 65 
prescribe the requirements for airmen to obtain a certificate and/or 
rating. Each part contains the general requirements for eligibility, 
aeronautical knowledge, flight proficiency, and aeronautical experience 
requirements, as applicable, for each certificate and/or rating sought. 
This generally includes the requirement to pass a practical test 
specific to the certificate or rating sought.
    The PTS and the ACS impose requirements on all persons seeking an 
airman certificate or rating. The PTS and ACS require an applicant 
seeking a certificate or rating to complete specific tasks and 
maneuvers to a minimum given standard in order to obtain the applicable 
certificate or rating. As such, if an applicant does not perform a task 
to the prescribed standard, found in the applicable ACS or PTS, the 
applicant cannot obtain the applicable certificate and rating. 
Unsatisfactory performance results in a notice of disapproval and/or 
denial of the certificate or rating. The PTSs and the ACSs, which are 
proposed by this rule to be incorporated by reference, are the testing 
standards that are already in use or the process by which the practical 
test is conducted.
3. Benefits
    The mechanism of IBR allows Federal Agencies to comply with the 
requirement to publish rules in the Federal Register and the CFR by 
referring to material already published elsewhere.\75\ IBR functions to 
substantially reduce the size of the 14 CFR part 61, 63 and 65, which 
would otherwise require the PTSs and ACSs to be replicated in their 
entirety into the regulations, resulting in hundreds of additional 
pages including complex and technical tables that would be unsuitable 
for the CFR. The FAA would continue to draw on the expertise and 
resources of the aviation industry to develop and update the testing 
standards and strengthen private-public collaboration and transparency. 
IBR would maintain public and private industry collaboration. 
Additionally, while the practical tests are currently conducted in 
accordance with the PTSs and ACSs, applicants for a certificate and/or 
rating, and pilots completing proficiency checks, would be better 
informed about the exact tasks and objectives required to successfully 
complete each area of operation because evaluators would be required to 
test on the exact tasks contained in the applicable PTS and/or ACS. 
Further, instructors are encouraged to utilize the applicable ACS and/
or PTS during training to ensure applicants are equipped with the 
knowledge and proficiency to successfully complete a practical test or 
proficiency check. Applicants and instructors are, therefore, 
benefitted by transparency and specificity in test preparation.
---------------------------------------------------------------------------

    \75\ IBR Handbook, Office of the Federal Register (July, 2018).
---------------------------------------------------------------------------

4. Costs
    The FAA has evaluated the cost impacts to the stakeholders involved 
in this proposed rulemaking, which includes airmen and the FAA. As 
discussed in the preceding preamble section, the FAA noted the addition 
of tasks within four ACSs (Commercial Pilot for Airplane Category ACS, 
Private Pilot for Rotorcraft Category Helicopter Rating ACS, Commercial 
Pilot for Rotorcraft Category Helicopter Rating ACS, and Flight 
Instructor for Rotorcraft Category Helicopter Rating ACS) and 
determined these additions would have minimal impact. These added tasks 
may be completed concurrently with tasks already required on the 
transitioned ACSs and add a negligible amount of time to the requisite 
practical test. In sum, the FAA anticipates this proposed rule would 
result in minimal additional cost impacts to airmen and the FAA.
Applicants and Airmen
    The FAA does not anticipate new costs to applicants for an initial 
certificate and/or rating and existing airmen (e.g., pilots completing 
proficiency checks, pilots seeking additional certificates and/or 
ratings) because there are no substantive changes proposed to the 
testing processes, areas of operation, or elements upon which airmen 
are currently tested in order to obtain a certificate, as the practical 
tests are already conducted in accordance with the applicable PTS/ACS. 
Rather, the FAA is simply incorporating the documents by reference into 
the regulations to ensure compliance with the APA and provide the 
public with requisite notice and an opportunity to comment. Therefore, 
applicants seeking a certificate and/or rating and currently 
certificated pilots performing proficiency checks will not incur 
additional costs.
The FAA
    The FAA does not anticipate new costs to the agency because the FAA 
is not changing the process by which testing is conducted or the manner 
in which PTSs and ACSs are currently implemented.
5. Regulatory Alternatives
    The FAA did not consider regulatory alternatives for this proposed 
rulemaking as there are no legally supportable alternatives to 
mandating the requirements for airman certification and ensuring 
consistent standards for airman certificates and ratings.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94 
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to 
consider the effects of the regulatory action on small business and 
other small entities and to minimize any significant economic impact. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.

[[Page 75968]]

    The FAA has not identified any small entities that would be 
affected by the proposed rule because this rule does not affect the 
content of the practical test or how the practical test is currently 
conducted. While there are many small entities that employ persons who 
conduct practical tests on behalf of the Administrator and administer 
proficiency checks for airmen, there are no changes proposed to these 
existing procedures and exams, in practice (i.e., evaluators already 
utilize the applicable ACS and/or PTS). Therefore, for the reasons 
provided, the FAA certifies that the rule will not have a significant 
economic impact on a substantial number of small entities. The FAA 
welcomes comments on the basis for this certification.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effects of this proposed rule and finds it does 
not create an unnecessary obstacle to foreign commerce.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $164.0 million in lieu of $100 
million. The FAA has determined that the proposed rulemaking would not 
result in the expenditure of $164.0 million or more by State, local, or 
tribal governments, in the aggregate, or the private sector, in any one 
year.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there would be no new requirement for information collection associated 
with this proposed rule.

F. International Compatibility

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

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f for regulations and involves 
no extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

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

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this proposed rule under E.O. 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
E.O. 13609, and has determined that this action would have no effect on 
international regulatory cooperation.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this NPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this

[[Page 75969]]

NPRM, it is important that you clearly designate the submitted comments 
as CBI. Please mark each page of your submission containing CBI as 
``PROPIN.'' The FAA will treat such marked submissions as confidential 
under the FOIA, and they will not be placed in the public docket of 
this NPRM. Submissions containing CBI should be sent to the person 
identified in the FOR FURTHER INFORMATION CONTACT section of this 
document. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

B. Electronic Access and Filing

    A copy of the notice of proposed rulemaking (NPRM), all comments 
received, any final rule, and all background material may be viewed 
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> using the docket number listed 
above. A copy of this rule will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the 
Government Publishing Office's website at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A 
copy may also be found at the FAA's Regulations and Policies website at 
<a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Incorporation by reference, Recreation and recreation areas, Reporting 
and recordkeeping requirements, Security measures, Teachers.

14 CFR Part 63

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Incorporation by reference, Navigation (air), Reporting and 
recordkeeping requirements, Security measures.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, 
Aviation safety, Drug abuse, Incorporation by reference, Reporting and 
recordkeeping requirements, Security measures.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

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

0
1. The authority section for part 61 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub. 
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).

0
2. Add Sec.  61.14 to read as follows:


Sec.  61.14   Incorporation by Reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Federal 
Aviation Administration (FAA) and at the National Archives and Records 
Administration (NARA). Contact FAA at: Airman Testing Standards Branch/
Regulatory Support Division, 405-954-4151, <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a6e7e0f5909596e5c9cbcbc3c8d2d5e6c0c7c788c1c9d0">[email&#160;protected]</a>. For 
information on the availability of this material at 1NARA, visit: 
<a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email: 
<a href="/cdn-cgi/l/email-protection#f49286da9d9a87849197809d9b9ab49a958695da939b82"><span class="__cf_email__" data-cfemail="96f0e4b8fff8e5e6f3f5e2fff9f8d6f8f7e4f7b8f1f9e0">[email&#160;protected]</span></a>. The material may be obtained from the Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591, 866-835-5322, <a href="http://www.faa.gov/training">www.faa.gov/training</a> testing.
    (a) Practical Test Standards.
    (1) FAA-S-8081-3B, Recreational Pilot Practical Test Standards for 
Airplane Category and Rotorcraft Category; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (2) FAA-S-8081-7C, Flight Instructor Practical Test Standards for 
Rotorcraft Category Gyroplane Rating; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (3) FAA-S-8081-8C, Flight Instructor Practical Test Standards for 
Glider Category; (date to be included); IBR approved for Sec. Sec.  
61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this 
part.
    (4) FAA-S-8081-9E, Flight Instructor Instrument Practical Test 
Standards for Airplane Rating and Helicopter Rating; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), 
and 61.419(b), and Appendix A to this part.
    (5) FAA-S-8081-15B, Private Pilot Practical Test Standards for 
Rotorcraft Category Gyroplane Rating; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (5) FAA-S-8081-16C, Commercial Pilot Practical Test Standards for 
Rotorcraft Category Gyroplane Rating; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (6) FAA-S-8081-17A, Private Pilot Practical Test Standards for 
Lighter-Than-Air Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (7) FAA-S-8081-18A, Commercial Pilot Practical Test Standards for 
Lighter-Than-Air Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (8) FAA-S-8081-20A, Airline Transport Pilot and Type Rating 
Practical Test Standards for Rotorcraft Category Helicopter Rating; 
(date to be included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 
61.321(b), and 61.419(b), and Appendix A to this part.
    (9) FAA-S-8081-22A, Private Pilot Practical Test Standards for 
Glider Category; (date to be included); IBR approved for Sec. Sec.  
61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this 
part.
    (10) FAA-S-8081-23B, Commercial Pilot Practical Test Standards for 
Glider Category; (date to be included); IBR approved for Sec. Sec.  
61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this 
part.
    (11) FAA-S-8081-29A, Sport Pilot and Sport Pilot Flight Instructor 
Rating Practical Test Standards for Airplane Category, Rotorcraft 
Category, and Glider Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (12) FAA-S-8081-30A, Sport Pilot and Sport Pilot Flight Instructor 
Rating Practical Test Standards for Lighter-Than-Air Category; (date to 
be included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 
61.321(b), and 61.419(b), and Appendix A to this part.
    (13) FAA-S-8081-31A, Sport Pilot and Sport Pilot Flight Instructor

[[Page 75970]]

Practical Test Standards for Powered Parachute Category and Weight-
Shift-Control Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (14) FAA-S-8081-32A, Private Pilot Practical Test Standards for 
Powered Parachute Category and Weight-Shift-Control Category; (date to 
be included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 
61.321(b), and 61.419(b), and Appendix A to this part.
    (b) Airman Certification Standards.
    (1) FAA-S-ACS-2, Commercial Pilot for Powered-Lift Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (2) FAA-S-ACS-3, Instrument Rating--Powered-Lift Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (3) FAA-S-ACS-6C, Private Pilot for Airplane Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (4) FAA-S-ACS-7B, Commercial Pilot for Airplane Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (5) FAA-S-ACS-8C, Instrument Rating--Airplane Airman Certification 
Standards; (date to be included); IBR approved for Sec. Sec.  61.43(a), 
61.57, 61.58, and Appendix A to this part.
    (6) FAA-S-ACS-11A, Airline Transport Pilot and Type Rating for 
Airplane Category Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part.
    (7) FAA-S-ACS-13, Private Pilot for Powered-Lift Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (8) FAA-S-ACS-14, Instrument Rating--Helicopter Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (9) FAA-S-ACS-15, Private Pilot for Rotorcraft Category Helicopter 
Rating Airman Certification Standards; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this 
part.
    (10) FAA-S-ACS-16, Commercial Pilot for Rotorcraft Category 
Helicopter Rating Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part.
    (11) FAA-S-ACS-17, Airline Transport Pilot and Type Rating for 
Powered-Lift Category Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part
    (12) FAA-S-ACS-25, Flight Instructor for Airplane Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (13) FAA-S-ACS-27, Flight Instructor for Powered-Lift Category 
Airman Certification Standards; FAA-S-ACS-27; (date to be included); 
IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to 
this part.
    (14) FAA-S-ACS-28, Flight Instructor Instrument Powered-Lift Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (15) FAA-S-ACS-29, Flight Instructor for Rotorcraft Category 
Helicopter Rating Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part.
0
3. Amend Sec.  61.43 by revising paragraphs (a)(1), (a)(2), and (a)(3) 
to read as follows:


Sec.  61.43   Practical tests: General procedures.

    (a) * * *
    (1) Performing the tasks specified in the areas of operation 
contained in the applicable Airmen Certification Standards or Practical 
Test Standards (incorporated by reference, see Sec.  61.14) as listed 
in appendix A of this part for the airman certificate or rating sought;
    (2) Demonstrating mastery of the aircraft by performing each task 
required by paragraph (a)(1) of this section successfully,
    (3) Demonstrating proficiency and competency of the tasks required 
by paragraph (a)(1) of this section within the approved standards; and
* * * * *
0
4. Amend Sec.  61.57 by revising paragraph (d)(1) to read as follows:


Sec.  61.57   Recent flight experience: Pilot in command.

* * * * *
    (d) * * *
    (1) Except as provided in paragraph (e) of this section, a person 
who has failed to meet the instrument experience requirements of 
paragraph (c) of this section for more than six calendar months may 
reestablish instrument currency only by completing an instrument 
proficiency check. The instrument proficiency check must consist of the 
areas of operation contained in the applicable Airman Certification 
Standards (incorporated by reference, see Sec.  61.14); as listed in 
appendix A of this part as appropriate to the rating held.
* * * * *
0
5. Amend Sec.  61.58 by revising paragraph (d)(1) to read as follows:


Sec.  61.58   Pilot-in-command proficiency check: Operation of an 
aircraft that requires more than one pilot flight crewmember or is 
turbojet-powered.

* * * * *
    (d) * * *
    (1) A pilot-in-command proficiency check conducted by a person 
authorized by the Administrator, consisting of the areas of operation 
contained in the applicable Airman Certification Standards or Practical 
Test Standards (incorporated by reference, see Sec.  61.14) as listed 
in appendix A of this part appropriate to the rating held, in an 
aircraft that is type certificated for more than one pilot flight 
crewmember or is turbojet powered;
* * * * *
0
6. Amend Sec.  61.157 by revising paragraphs (e), (e)(1), (e)(2), and 
(e)(3) to read as follows.


Sec.  61.157   Flight Proficiency.

* * * * *
    (e) Areas of Operation. A practical test will include normal and 
abnormal procedures, as applicable, within the areas of operation for 
practical tests for an airplane category and powered-lift category 
rating.
    (1) For an airplane category--single engine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Landings;
    (iv) In-flight maneuvers;
    (v) Stall Prevention
    (vi) Instrument procedures;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    (2) For an airplane category--multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Landings;
    (iv) In-flight maneuvers;
    (v) Stall Prevention
    (vi) Instrument procedures;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    (3) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Departure phase;
    (iv) In-flight maneuvers;

[[Page 75971]]

    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
* * * * *
0
7. Amend Sec.  61.321 by revising paragraph (b) to read as follows:


Sec.  61.321   How do I obtain privileges to operate an additional 
category or class of light-sport aircraft?

* * * * *
    (b) Successfully complete a proficiency check from an authorized 
instructor, other than the instructor who trained you, consisting of 
the tasks in the appropriate areas of operation contained in the 
applicable Practical Test Standards (incorporated by reference, see 
Sec.  61.14) as listed in appendix A of this part for the additional 
light-sport aircraft privilege you seek;
* * * * *
0
8. Amend Sec.  61.419 by revising paragraph (b) to read as follows:


Sec.  61.419   How do I obtain privileges to provide training in an 
additional category or class of light-sport aircraft?

* * * * *
    (b) Successfully complete a proficiency check from an authorized 
instructor, other than the instructor who trained you, consisting of 
the tasks in the appropriate areas of operation contained in the 
applicable Practical Test Standards (incorporated by reference, see 
Sec.  61.14) as listed in appendix A of this part for the additional 
category and class flight instructor privilege you seek;
* * * * *
0
9. Add Appendix A to part 61 to read as follows:

Appendix A to Part 61--Airman Certification Standards and Practical 
Test Standards

------------------------------------------------------------------------
                                         Then this PTS/ACS (incorporated
  If you are seeking this certificate,   by reference, see Sec.   61.14)
     rating, and/or privilege. . .                is applicable:
------------------------------------------------------------------------
Airline Transport Pilot Certificate;     Airline Transport Pilot and
 Airplane Category--Single-Engine Land    Type Rating for Airplane
 Rating, Airplane Category--Single-       Category Airman Certification
 Engine Sea Rating, Airplane Category--   Standards; (date to be
 Multiengine Land Rating, Airplane        included).
 Category--Multiengine Sea Rating.
Airline Transport Pilot Certificate;     Airline Transport Pilot and
 Rotorcraft Category--Helicopter Rating.  Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating;
                                          (date to be included).
Airline Transport Pilot Certificate;     Airline Transport Pilot and
 Powered-Lift Category.                   Type Rating for Powered-Lift
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Commercial Pilot Certificate; Airplane   Commercial Pilot for Airplane
 Category--Single-Engine Land Rating,     Category Airman Certification
 Airplane Category--Single-Engine Sea     Standards; (date to be
 Rating, Airplane Category--Multiengine   included).
 Land Rating, Airplane Category--
 Multiengine Sea Rating.
Commercial Pilot Certificate;            Commercial Pilot for Rotorcraft
 Rotorcraft Category--Helicopter Rating.  Category Helicopter Rating
                                          Airman Certification
                                          Standards; (date to be
                                          included).
Commercial Pilot Certificate;            Commercial Pilot Practical Test
 Rotorcraft Category--Gyroplane Rating.   Standards for Rotorcraft
                                          Category Gyroplane Rating;
                                          (date to be included).
Commercial Pilot Certificate; Powered-   Commercial Pilot for Powered-
 Lift Category.                           Lift Category Airman
                                          Certification Standards; (date
                                          to be included).
Commercial Pilot Certificate; Glider     Commercial Pilot Practical Test
 Category.                                Standards for Glider Category;
                                          (date to be included).
Commercial Pilot Certificate; Lighter-   Commercial Pilot Practical Test
 Than-Air Category--Airship Rating,       Standards for Lighter-Than-Air
 Lighter-Than-Air Category--Balloon       Category; (date to be
 Rating.                                  included).
Private Pilot Certificate; Airplane      Private Pilot for Airplane
 Category--Single-Engine Land Rating,     Category Airman Certification
 Airplane Category--Single-Engine Sea     Standards; (date to be
 Rating, Airplane Category--Multiengine   included).
 Land Rating, Airplane Category--
 Multiengine Sea.
Private Pilot Certificate; Rotorcraft    Private Pilot for Rotorcraft
 Category--Helicopter Rating.             Category Helicopter Rating
                                          Airman Certification
                                          Standards; (date to be
                                          included).
Private Pilot Certificate; Rotorcraft    Private Pilot Practical Test
 Category--Gyroplane Rating.              Standards for Rotorcraft
                                          Category Gyroplane Rating;
                                          (date to be included).
Private Pilot Certificate; Powered-Lift  Private Pilot for Powered-Lift
 Category.                                Category Airman Certification
                                          Standards; (date to be
                                          included).
Private Pilot Certificate; Glider        Private Pilot Practical Test
 Category.                                Standards for Glider Category;
                                          (date to be included).
Private Pilot Certificate; Lighter-Than- Private Pilot Practical Test
 Air Category--Airship Rating, Lighter-   Standards for Lighter-Than-Air
 Than-Air Category--Balloon Rating.       Category; (date to be
                                          included).
Private Pilot Certificate; Powered       Private Pilot Practical Test
 Parachute Category--Land Rating,         Standards for Powered
 Powered Parachute Category--Sea          Parachute Category and Weight-
 Rating, Weight-Shift-Control Aircraft    Shift-Control Category; (date
 Category--Land Rating, Weight-Shift-     to be included).
 Control Aircraft Category--Sea Rating.
Recreational Pilot Certificate;          Recreational Pilot Practical
 Airplane Category--Single-Engine Land    Test Standards for Airplane
 Rating, Airplane Category--Single-       Category and Rotorcraft
 Engine Sea Rating, Rotorcraft            Category; (date to be
 Category--Helicopter Rating,             included).
 Rotorcraft Category--Gyroplane Rating.
Sport Pilot Certificate; Airplane        Sport Pilot and Sport Pilot
 Category--Single-Engine Land             Flight Instructor Rating
 Privileges, Airplane Category--Single-   Practical Test Standards for
 Engine Sea Privileges, Rotorcraft        Airplane Category, Rotorcraft
 Category--Gyroplane Privileges, Glider   Category, and Glider Category;
 Category.                                (date to be included).
Flight Instructor Certificate with a
 Sport Pilot Rating; Airplane Category--
 Single-Engine Privileges, Rotorcraft
 Category--Gyroplane Privileges, Glider
 Category.
Sport Pilot Certificate; Lighter-Than-   Sport Pilot and Sport Pilot
 Air Category--Airship Privileges,        Flight Instructor Rating
 Lighter-Than-Air Category--Balloon       Practical Test Standards for
 Privileges.                              Lighter-Than-Air Category;
                                          (date to be included).

[[Page 75972]]

 
Flight Instructor Certificate with a
 Sport Pilot Rating; Lighter-Than-Air
 Category--Airship Privileges, Lighter-
 Than-Air Category--Balloon Privileges.
Sport Pilot Certificate; Powered         Sport Pilot and Sport Pilot
 Parachute Category--Land Privileges,     Flight Instructor Rating
 Powered Parachute Category--Sea          Practical Test Standards for
 Privileges, Weight-Shift-Control         Powered Parachute Category and
 Aircraft Category--Land Privileges,      Weight-Shift-Control Category;
 Weight-Shift-Control Aircraft            (date to be included).
 Category--Sea Privileges.
Flight Instructor Certificate with a
 Sport Pilot Rating; Powered Parachute
 Category Privileges, Weight-Shift-
 Control Aircraft Category Privileges.
Instrument Rating--Airplane, Instrument  Instrument Rating--Airplane
 Proficiency Check--Airplane.             Airman Certification
                                          Standards; (date to be
                                          included).
Instrument Rating--Helicopter,           Instrument Rating--Helicopter
 Instrument Proficiency Check--           Airman Certification
 Helicopter.                              Standards; (date to be
                                          included).
Instrument Rating--Powered-Lift,         Instrument Rating--Powered-Lift
 Instrument Proficiency Check--Powered-   Airman Certification
 Lift.                                    Standards; (date to be
                                          included).
Flight Instructor Certificate; Airplane  Flight Instructor for Airplane
 Category--Single Engine Rating,          Category Airman Certification
 Airplane Category--Multiengine Rating.   Standards; (date to be
                                          included).
Flight Instructor Certificate;           Flight Instructor for
 Rotorcraft Category--Helicopter Rating.  Rotorcraft Category Helicopter
                                          Rating Airman Certification
                                          Standards; (date to be
                                          included).
Flight Instructor Certificate;           Flight Instructor Practical
 Rotorcraft Category--Gyroplane Rating.   Test Standards for Rotorcraft
                                          Category Gyroplane Rating;
                                          (date to be included).
Flight Instructor Certificate; Powered-  Flight Instructor for Powered-
 lift Category.                           Lift Category Airman
                                          Certification Standards; (date
                                          to be included).
Flight Instructor Certificate; Glider    Flight Instructor Practical
 Category.                                Test Standards for Glider
                                          Category; (date to be
                                          included).
Flight Instructor Certificate;           Flight Instructor Instrument
 Instrument--Airplane Rating.             Practical Test Standards for
Instrument--Helicopter Rating..........   Airplane Rating and Helicopter
                                          Rating; (date to be included).
Flight Instructor Certificate;           Flight Instructor Instrument
 Instrument--Powered-Lift Rating.         Powered-Lift Rating Airman
                                          Certification Standards; (date
                                          to be included).
Aircraft Type Rating--Airplane.........  Airline Transport Pilot and
                                          Type Rating for Airplane
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Aircraft Type Rating--Helicopter.......  Airline Transport Pilot and
                                          Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating;
                                          (date to be included).
Aircraft Type Rating--Powered-Lift.....  Airline Transport Pilot and
                                          Type Rating for Powered-Lift
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Pilot-in-Command Proficiency Check--     Airline Transport Pilot and
 Airplane.                                Type Rating for Airplane
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Pilot-in-Command Proficiency Check--     Airline Transport Pilot and
 Helicopter.                              Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating;
                                          (date to be included).
Pilot-in-Command Proficiency Check--     Airline Transport Pilot and
 Powered-Lift.                            Type Rating for Powered-Lift
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
------------------------------------------------------------------------

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
10. The authority citation for part 63 continues to read as follows:

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

0
11. Revise Sec.  63.39 to read as follows:


Sec.  63.39   Skill requirements.

    (a) An applicant for a flight engineer certificate with a class 
rating must pass a practical test in the class of airplane for which a 
rating is sought. To pass the practical test for a flight engineer 
certificate, the applicant must satisfactorily demonstrate the 
objectives in the areas of operation specified in the Flight Engineer 
Practical Test Standards, referenced in paragraph (c) of this section. 
The test may only be given on an airplane specified in Sec.  63.37(a).
    (b) The applicant must--
    (1) Show that the applicant can satisfactorily perform preflight 
inspection, servicing, starting, pretakeoff, and postlanding 
procedures;
    (2) In flight, show that the applicant can satisfactorily perform 
the normal duties and procedures relating to the airplane, airplane 
engines, propellers (if appropriate), systems, and appliances; and
    (3) In flight, in an airplane simulator, or in an approved flight 
engineer training device, show that the applicant can satisfactorily 
perform emergency duties and procedures and recognize and take 
appropriate action for malfunctions of the airplane, engines, 
propellers (if appropriate), systems and appliances.
    (c) FAA-S-8081-21A, Flight Engineer Practical Test Standards, [date 
to be included], is incorporated by reference into this section with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. This material is available for inspection at 
the Federal Aviation Administration (FAA) and the National Archives and 
Records Administration (NARA). Contact FAA at: Airman Testing Standards 
Branch/Regulatory Support Division, 405-954-4151, 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="3776716401040774585a5a525943447751565619505841">[email&#160;protected]</a>, <a href="http://www.faa.gov/training_testing">www.faa.gov/training_testing</a>. For information 
on the availability of this material at NARA, visit: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>, or email: 
<a href="/cdn-cgi/l/email-protection#472135692e2934372224332e2829072926352669202831"><span class="__cf_email__" data-cfemail="2d4b5f0344435e5d484e594442436d434c5f4c034a425b">[email&#160;protected]</span></a>. The material may be obtained from FAA, 800 
Independence Avenue SW, Washington, DC 20591, 866-835-5322, 
<a href="http://www.faa.gov/training_testing">www.faa.gov/training_testing</a>.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
12. The authority citation for part 65 continues to read as follows:


[[Page 75973]]


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

0
13. Amend Sec.  65.23 by:
0
a. Redesignating paragraphs (a)(1) and (2) as paragraphs (a)(3) and 
(4), respectively; and
0
b. Adding new paragraphs (a)(1) and (2) to read as follows:


Sec.  65.23   Incorporation by reference.

* * * * *
    (a) * * *
    (1) FAA-S-8081-10E, Aircraft Dispatcher Practical Test Standards; 
(date to be included); IBR approved for Sec.  65.59.
    (2) FAA-S-8081-25C, Parachute Riggers Practical Test Standards; 
(date to be included); IBR approved for Sec. Sec.  65.115(c), 
65.119(c), and 65.123(b).
* * * * *
0
14. Revise Sec.  65.59 to read as follows:


Sec.  65.59  Skill requirements.

    An applicant for an aircraft dispatcher certificate must pass a 
practical test given by the Administrator, with respect to any one type 
of large aircraft used in air carrier operations. To pass the practical 
test for an aircraft dispatcher certificate, the applicant must 
satisfactorily demonstrate the objectives in the areas of operation 
specified in the Aircraft Dispatcher Practical Test Standards 
(incorporated by reference, see Sec.  65.23).
0
15. Amend Sec.  65.115 by revising paragraph (c) to read as follows:


Sec.  65.115   Senior parachute rigger certificate: Experience, 
knowledge, and skill requirements.

* * * * *
    (c) Pass an oral and practical test showing the applicant's ability 
to pack and maintain at least one type of parachute in common use, 
appropriate to the type rating the applicant seeks. To pass the oral 
and practical test for a senior parachute rigger certificate, the 
applicant must satisfactorily demonstrate the objectives in the areas 
of operation applicable to a senior parachute rigger specified in the 
Parachute Rigger Practical Test Standards (incorporated by reference, 
see Sec.  65.23), appropriate to the type rating sought.
0
16. Amend Sec.  65.119 by revising paragraph (c) to read as follows:


Sec.  65.119   Master parachute rigger certificate: Experience, 
knowledge, and skill requirements.

* * * * *
    (c) Pass an oral and practical test showing the applicant's ability 
to pack and maintain two types of parachutes in common use, appropriate 
to the type ratings the applicant seeks. To pass the oral and practical 
test for a master parachute rigger certificate, the applicant must 
satisfactorily demonstrate the objectives in the areas of operation 
applicable to a master parachute rigger specified in the Parachute 
Rigger Practical Test Standards (incorporated by reference, see Sec.  
65.23), as appropriate to the type rating sought.
0
17. Amend Sec.  65.123 by revising paragraph (b) to read as follows:


Sec.  65.123   Additional type ratings: Requirements.

* * * * *
    (b) Pass a practical test, to the satisfaction of the 
Administrator, showing the applicant's ability to pack and maintain the 
type of parachute, appropriate to the type rating sought. To pass the 
practical test for an additional type rating, the applicant must 
satisfactorily demonstrate the objectives in the area of operation 
specified in the Parachute Rigger Practical Test Standards 
(incorporated by reference, see Sec.  65.23), applicable to the type 
rating sought.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on or about December 2, 2022.
Caitlin Locke,
Acting Deputy Executive Director, Flight Standards Service.
[FR Doc. 2022-26762 Filed 12-9-22; 8:45 am]
BILLING CODE 4910-13-P


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Indexed from Federal Register on December 12, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.