Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference
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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.
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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 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.
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\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.
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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.
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\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).
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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).
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\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).
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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\
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\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.
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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\
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\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.
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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\
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\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.
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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\
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\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).
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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\
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\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.
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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.
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\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.
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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.
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\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.
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\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).
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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.
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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\
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\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>.
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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\
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\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 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 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 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 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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</html>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.