Rule2024-06644
Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference
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Published
April 1, 2024
Effective
May 31, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This final rule revises certain regulations governing airman certification. Specifically, the FAA Airman Certification Standards and Practical Test Standards comprise the testing standard for practical tests and proficiency checks for persons seeking or holding an airman certificate and/or rating. This rule incorporates 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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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Rules and Regulations]
[Pages 22482-22520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06644]
[[Page 22481]]
Vol. 89
Monday,
No. 63
April 1, 2024
Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 61, 63, and 65
Airman Certification Standards and Practical Test Standards for Airmen;
Incorporation by Reference; Final Rule
Federal Register / Vol. 89 , No. 63 / Monday, April 1, 2024 / Rules
and Regulations
[[Page 22482]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, and 65
[Docket No. FAA-2022-1463; Amdt. Nos. 61-153, 63-46, and 65-64]
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: Final rule.
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SUMMARY: This final rule revises certain regulations governing airman
certification. Specifically, the FAA Airman Certification Standards and
Practical Test Standards comprise the testing standard for practical
tests and proficiency checks for persons seeking or holding an airman
certificate and/or rating. This rule incorporates 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: This final rule is effective on May 31, 2024.
The incorporation by reference of certain publications listed in
this final rule is approved by the Director of the Federal Register as
of May 31, 2024.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: James Ciccone, Training and
Certification Group, AFS-810, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-1100;
email <a href="/cdn-cgi/l/email-protection#11505242414542787f60647863787462512d7031796374772c" http: faa.gov">faa.gov</a>">ACSPTSinquiries@<a href="http://faa.gov">faa.gov</a></a>.
SUPPLEMENTARY INFORMATION:
List of Abbreviations and Acronyms Frequently Used in This Document
Administrative Procedure Act (APA)
Aeronautical Information Manual (AIM)
Airman Certification Standards (ACS)
Airline Transport Pilot (ATP)
Area of Operation (AOO)
Aviation Rulemaking Advisory Committee ACS Working Group (ARAC ACS
WG)
Instrument Proficiency Check (IPC)
Instrument Flight Rules (IFR)
Incorporation by Reference (IBR)
Pilot-in-Command Proficiency Check (PIC PC)
Practical Test Standards (PTS)
Vertical Takeoff and Landing (VTOL)
Visual Flight Rules (VFR)
Table of Contents
I. Executive Summary
II. Authority for This Rulemaking
III. Background
A. Regulatory History and Incorporation by Reference
B. Summary of NPRM
C. General Overview of Comments
IV. Discussion of the Final Rule and Comments
A. Amendments to 14 CFR Parts 61, 63, and 65
1. Comments Concerning IBR
2. Final Rule Amendments
B. Discussion of Comments Related to the ACS and PTS
1. Broad ACS Comments
2. Specific ACS Comments
3. Universally Applicable Comments
C. ACS Testing Codes
D. Record of Changes
E. Out of Scope
V. Regulatory Notices and Analyses
A. Regulatory Evaluation
1. Baseline for the Analysis
2. Benefits
3. Costs
4. Regulatory Alternatives
B. Regulatory Flexibility Act
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments
C. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
D. Executive Order 13609, Promoting International Regulatory
Cooperation
VII. Additional Information
A. Electronic Access and Filing
B. Small Business Regulatory Enforcement Fairness Act
I. Executive Summary
This final rule adopts 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 ACS and PTS \1\ serve as
the testing standards for airman certificates and rating practical
tests. The FAA notes that, while certain revisions were made to the ACS
and PTS as an outgrowth of public notice and comment, there are no
major substantive changes to the testing standards already in use or
the conduct of the practical test such that the scope of the practical
test is altered. Rather, this final rule brings the ACS and PTS into
the FAA regulations through the proper notice and comment process
required by the Administrative Procedure Act (APA).\2\
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\1\ ACS and PTS refers to both the singular Standard and the
plural Standards throughout the document.
\2\ 5 U.S.C. 551-559.
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As it pertains to pilots and flight instructors, the FAA
incorporates thirty (30) pilot and flight instructor ACS and PTS in
part 61 by reference through a centralized IBR section in new Sec.
61.14. The FAA directs compliance on the respective practical tests and
proficiency checks with the appropriate ACS and PTS through revisions
in Sec. Sec. 61.43, 61.57, 61.58, 61.321, and 61.419. Additionally,
the final rule adds an appendix to part 61, which sets forth which ACS
or PTS applies to a certificate and/or rating sought or proficiency
check.
This final rule also makes a non-substantive 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. The FAA also revised ``must consist of'' in Sec.
61.57(d) to ``must include'' to align with the definitions in Sec.
1.3. The remaining changes were made to the ACS or PTS documents as a
result of public comments.
Further, this final rule revises certain provisions applicable to
flight engineers in part 63 and aircraft dispatchers and parachute
riggers in part 65. First, this final rule incorporates the Flight
Engineer PTS by reference in Sec. 63.39. Additionally, this final rule
adds the Aircraft Dispatcher PTS and Parachute Rigger PTS to Sec.
65.23, the existing centralized IBR section for part 65, and removes
the now inapplicable Aviation Mechanic PTS from the centralized
section. The final rule also revises the appropriate sections in
subparts C and F of part 65 (i.e., Sec. Sec. 65.59, 65.115, 65.119,
65.123) to require compliance with the respective PTS. Finally, minor
editorial revisions remove gender references in both parts.
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 (U.S.C.). 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.
[[Page 22483]]
This 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 is within the scope of that authority.
III. Background
A. Regulatory History 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.\3\ 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.\4\ 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 \5\ specific to the certificate and/or rating sought.\6\
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\3\ 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. Title 49
U.S.C. 40102 sets forth the definition and the duties of an airman.
\4\ 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.
\5\ 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,
pursuant to 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).
\6\ Certain certificates do not require the successful
completion of a practical test to obtain the certificate. For
example, a certificate based on military competency requires only a
military competency aeronautical knowledge test, pursuant to Sec.
61.73(b); similarly, 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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The FAA has long set forth certain items for inclusion on the
practical test. Prior to 1997,\7\ these items were included directly in
the regulations of part 61 through flight proficiency requirements,
resulting in an unclear, broad, and discretionary testing framework.\8\
After 1997, the FAA set forth 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 simplified the practical test general procedures
regulations to require performance of the areas of operation.\9\
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\7\ Prior to 1997, the FAA referred to ``practical tests'' as
both ``practical test'' and ``flight test.''
\8\ For a comprehensive history of this testing framework, see
Airman Certification Standards and Practical Test Standards for
Airmen; Incorporation by Reference notice of proposed rulemaking, 87
FR 75955 (Dec. 12, 2022).
\9\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules final rule, 62 FR 16220 (Apr. 4, 1997).
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To implement testing on 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 PTS applied to specific certificates and/or ratings sought and
incorporated the areas of operation set forth in the applicable
regulations,\10\ some of which continue to be used as the current
testing standard. 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 \11\ 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, the FAA also
published and utilized PTS for testing under parts 63 and 65.\12\
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\10\ As an example, the FAA published a PTS 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.
\11\ 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.
\12\ Specifically, the FAA developed PTS 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, respective sections of this preamble further describe these
PTS.
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In 2011, the FAA began establishing the ACS to enhance the testing
standard for the knowledge and practical tests.\13\ In cooperation with
the ACS Working Group (ARAC ACS WG), 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.
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\13\ The ACS were intended to implement 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.
\14\ The Federal Advisory Committee Act, 5 U.S.C. app. 2,
provides authority for the ARAC. The ARAC ACS WG includes the FAA,
advocacy groups, instructor groups, training providers, academic
institutions, and labor organizations.
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Given this transition, 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 ACS,
where applicable (i.e., where ACS were developed and actively utilized
for practical tests of certain certificates). The regulatory language
adopted in 2018 that required applicants to perform the tasks specified
in the areas of operation for the airman certificate or rating sought
is how the regulation is situated prior to this final rule. The FAA
notes that some PTS have fully transitioned to ACS, rendering those
[[Page 22484]]
corresponding PTS obsolete.\16\ While FAA continues to actively convert
the remaining PTS to ACS in collaboration with the ARAC ACS WG, FAA
will continue to use the PTS for some certificates and ratings pending
development of the corresponding ACS, followed by further rulemaking.
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\15\ Regulatory Relief: Aviation Training Devices; Pilot
Certification, Training, and Pilot Schools; and Other Provisions
final rule, 83 FR 30232 (Jun. 27, 2018).
\16\ The FAA notes that it received one comment on the NPRM to
this final rule contending that utilization of the ACS has increased
the accident rate overall, encouraging a transition back to the PTS.
However, the commenter did not provide any data, nor has the FAA
identified any correlation between accidents and the ACS. The FAA
intends to continue moving forward with the ACS framework as the
testing standard for the foreseeable future.
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While FAA did not originally consider the content of the ACS and
PTS to contain regulatory requirements, as stated in the 2018 final
rule,\17\ use of the ACS and PTS by the FAA impose requirements on all
persons seeking an airman certificate or rating in parts 61, 63, and
65. As previously discussed, the ACS and PTS 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.\18\ 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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\17\ 83 FR at 30269.
\18\ The FAA directs examiners to conduct practical tests in
accordance with the appropriate ACS or PTS pursuant to FAA Order
8900.1, Vol. 5, Chap. 1, Sec. 4. The appropriate volume, chapter,
and section pursuant to the applicable certificate or rating sought
found in FAA Order 8900.1 provides additional direction (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 and purpose of the ACS and PTS,
this final rule will IBR the ACS and PTS 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 ACS and PTS documents, which are lengthy
and contain complex technical tables, the FAA finds it more appropriate
to incorporate these standards by reference than to reproduce the
documents in their entirety into the Code of Federal Regulations (CFR),
as subsequently discussed in this preamble.
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.\19\ Material that
is incorporated by reference has the same legal status as if it were
published in full in the CFR and Federal Register.
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\19\ 5 U.S.C. 552(a).
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In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\20\ the FAA
makes the ACS and PTS 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 ACS and PTS are
available for download, free of charge, at the provided web address.
The FAA will continue to provide the ACS and PTS to interested parties
in this manner. For a complete list and discussion of the ACS and PTS
incorporated by reference in parts 61, 63, and 65, see section IV.A.2.
of this preamble.
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\20\ 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(b)(2) requires that agencies
incorporating material by reference discuss in the preamble of the
final rule the ways that the material it incorporates by reference
is reasonably available to interested parties and how interested
parties can obtain the material.
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B. Summary of NPRM
On December 12, 2022, the FAA published a notice of proposed
rulemaking (NPRM) titled ``Airman Certification Standards and Practical
Test Standards for Airmen; Incorporation by Reference.'' \21\ In the
NPRM, the FAA proposed several amendments to parts 61, 63, and 65 that
would IBR the ACS and PTS into the certification requirements for
pilots, flight instructors, flight engineers, aircraft dispatchers, and
parachute riggers. The rulemaking docket \22\ contained all ACS and PTS
proposed to be incorporated by reference for public inspection.
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\21\ 87 FR 75955.
\22\ Docket No. FAA-2022-1463.
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C. General Overview of Comments
The NPRM provided a 30-day comment period, extended by an
additional 30 days,\23\ which ended on February 10, 2023. The FAA
received comments from 39 individuals and organizations. The majority
of comments came from individuals. Several industry advocacy
organizations also submitted comments. Many comments pertained to more
than one issue, such as specific revisions to narrow elements and tasks
within the PTS and ACS, suggestions considered out of scope, legal
issues, and administrative matters. In addition, the majority of
comments received pertained to the content of the ACS and PTS documents
rather than the proposed amendments to parts 61, 63, and 65.
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\23\ Extension of Comment Period, Airman Certification Standards
and Practical Test Standards for Airmen; Incorporation by Reference,
88 FR 24 (Jan. 3, 2023).
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IV. Discussion of the Final Rule and Comments
A. Amendments to 14 CFR Parts 61, 63, and 65
In the NPRM, the FAA proposed to amend parts 61, 63, and 65 to IBR
the ACS and PTS. The FAA received several general comments opposed to
this rulemaking, as discussed in the subsequent section. However, the
FAA did not receive any comments suggesting alternatives to the
mechanism of IBR or to the regulatory language in the proposed rule.
The FAA adopts the regulatory text as proposed with various revisions
to the ACS and PTS themselves, as discussed in the subsequent sections
of this preamble. The following table lists the amendments made to the
FAA regulations by this final rule and a summary of those provisions.
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\24\ See section IV.A.2.i. of this preamble for a list of the
ACS and PTS that will be incorporated by reference in new Sec.
61.14.
Table 1--Amendments to FAA Regulations
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14 CFR Sec. affected Summary of provision
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61.14.............................................. Create a centralized IBR section to IBR 30 ACS and PTS in
part 61.\24\
61.43(a)(1)........................................ Revise to require completion of the practical test for a
certificate or rating to consist of performing the tasks
specified in the areas of operation in the applicable ACS
or PTS for the airman certificate or rating sought.
61.57(d)(1)........................................ Revise to state that the instrument proficiency check (IPC)
must consist of the areas of operation contained in the
applicable ACS as appropriate to the rating held.
61.58(d)(1)........................................ Revise to require that the PIC proficiency check
specifically consists of the areas of operation contained
in the applicable ACS or PTS.
[[Page 22485]]
61.157(e).......................................... Revise areas of operation to align with the areas of
operation in the ACS.
61.321(b).......................................... Revise to require the proficiency check for an additional
light-sport aircraft privilege to consist of the
appropriate areas of operation contained in the applicable
PTS.
61.419(b).......................................... Revise 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.
Appendix A to part 61.............................. Add appendix A to aid applicants and evaluators in
identifying which ACS or PTS they must utilize for the
certificate and/or rating sought or proficiency check to
administer.
63.39.............................................. Revise to IBR the Flight Engineer PTS and require an
applicant for a flight engineer certificate to
satisfactorily demonstrate the objectives in the areas of
operation contained in the Flight Engineer PTS.
65.23(a)(1) and (2)................................ Revise the centralized IBR section in part 65 to include
the Aircraft Dispatcher PTS and Parachute Rigger PTS.
65.59.............................................. Revise to require an aircraft dispatcher to satisfactorily
demonstrate the objectives in the areas of operation
specified in the Aircraft Dispatcher PTS.
65.115 and 65.119.................................. Revise to require 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 (e.g., senior
parachute rigger, master parachute rigger) and type rating
sought.
65.123(b).......................................... Revise to require an applicant seeking an additional type
rating to satisfactorily demonstrate the objectives in the
area of operation applicable to the type rating sought, as
specified in the Parachute Rigger PTS.
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1. Comments Concerning IBR
The FAA received a number of comments on the mechanism of IBR
itself. These comments included enforcement questions, concerns about
the FAA's justification for IBR, and apprehension with the timeliness
and flexibility of the process. This section responds to concerns about
IBR and provides additional explanation on IBR as set forth by the APA.
First, the FAA received several comments regarding the effects of
this rulemaking on enforcement. Two individuals and the National
Association of Flight Instructors (NAFI) expressed concern that
incorporating the ACS and PTS by reference may subject an applicant who
fails a task or receives an unsatisfactory on a practical test or that
applicant's instructor to an enforcement action. Additionally, NAFI
expressed concern that the regulatory nature of the ACS and PTS would
leave flight instructors who provide an endorsement that an applicant
has received and logged the appropriate training and is prepared for
the practical test \25\ vulnerable to an enforcement action should the
applicant fail the practical test. Further, one commenter surmised that
the regulatory nature of the ACS and PTS would result in a violated
regulation when a designated pilot examiner improperly fails an
applicant, resulting in an enforcement or higher legal action.
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\25\ See 14 CFR 61.39(a)(6).
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The Administrator does not currently bring enforcement actions
against those persons who fail practical tests, and this final rule
does not change such practice. Section 61.43, as amended by this rule,
sets forth the general procedures for the practical test and defines
successful completion of a practical test in terms of the tasks
specified in the Areas of Operation contained in the applicable ACS or
PTS. Similarly, Sec. Sec. 61.57, 61.58, 61.321, and 61.419 set forth
the requirements for the completion of certain proficiency checks
(i.e., completion of the areas of operation contained in the applicable
ACS or PTS). The FAA regards these completion requirements as
eligibility standards that allow an applicant to receive a certificate
and/or rating (or obtain an endorsement for the privileges associated
with completion of a proficiency check). Therefore, the only
consequence for not successfully completing a specific task within an
ACS or PTS as incorporated by reference would be ineligibility for a
certificate and/or rating sought (or privileges accompanying a
proficiency check). The applicant would simply not receive the
certificate, rating, or privileges and would not be subject to an
enforcement action only on the basis of unsatisfactory performance of
the test or check.
The FAA further emphasizes that, for the same reasons, the
regulatory nature of the ACS and PTS would not affect the
responsibilities of a flight instructor who endorses an applicant for
purposes of the practical test and that applicant later fails the
practical test. Specifically, the FAA recognizes that an applicant
could fail a practical test for many reasons that may not necessarily
reflect upon the flight instructor, including stress, misunderstanding,
or human error. However, the FAA has the authority to take appropriate
action, including reexamining or reinspecting a certificate holder, to
resolve questions as to the holder's ongoing competence or
qualification to hold a certificate.\26\
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\26\ See 49 U.S.C. 44709.
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Second, one commenter presented opposition to the incorporation by
reference and believed the ACS and PTS documents should never carry the
full force and effect of regulation. The commenter's reason is that
ACS/PTS is vague, which is by design because it is a framework. The
ACS/PTS is built to be adaptive to situations and scenarios and to
evolve with the industry. Additionally, the commenter stated that the
ACS and PTS are designed to allow for an evaluator's judgment,
individualism, interpretations, and conclusions.
The FAA agrees that the ACS and PTS documents are meant to be
adaptive and each practical test is to be tailored to the applicant
based on the identified deficiencies of the knowledge test. However,
the ACS contain tasks that must be performed to demonstrate an
individual has met the standard of proficiency required to obtain an
airman certificate or rating. As such, the ACS are regulatory, and IBR
is the appropriate process to make them so.
In addition, commenters took issue with the general proposal to IBR
the PTS and ACS documents, stating that there is a lack of sufficient
justification for incorporating these documents by reference. The FAA
holds the legal authority to utilize the mechanism of IBR as afforded
by the APA. As previously discussed, 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
[[Page 22486]]
position authorized by the certificate. The Administrator carries out
this authority through 14 CFR parts 61, 63, and 65, which prescribe the
requirements for airmen to obtain a certificate and/or rating. The
Administrator ensures that an airman possesses the requisite knowledge
and skill to obtain a certificate and/or rating through demonstration
of tasks consisting of knowledge, risk management, and skill elements
as set forth in the applicable ACS and PTS.
A rule \27\ that has the force and effect of law (i.e., one that
imposes duties or obligations on regulated parties) constitutes a
legislative rule that must be adopted in accordance with the notice and
comment requirements of the Administrative Procedure Act (APA).\28\ The
tasks in the ACS and PTS are legislative rules because an individual
must accomplish them to obtain an airman certificate. As such, under
the APA, the regulated community must receive notice and the
opportunity to comment on the standards. The FAA determined that IBR
presents the most appropriate mechanism by which to bring the ACS and
PTS into the regulations.\29\ The 33 total ACS and PTS that accompanied
the NPRM in the docket consist of many pages and include tables, notes,
references, appendices, and technical material. Converting these
standards into a format acceptable to print directly in the CFR would,
first, draw upon considerable agency resources, second, result in a
brand new presentation of material that could present usability
challenges for the agency and regulated community, and, third,
substantially increase the volume of material published in the Federal
Register and CFR.\30\ Therefore, the FAA adopts the 33 ACS and PTS
through incorporation by reference, as proposed, and maintains that,
for the reasons discussed, sufficient support exists for this
rulemaking.
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\27\ As defined in 5 U.S.C. 551, a ``rule'' is ``the whole or a
part of an agency statement of general or particular applicability
and future effect designed to implement, interpret, or prescribe law
or policy or describing the organization, procedure, or practice
requirements of an agency[.]''
\28\ 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.
\29\ For the purpose 5 U.S.C. 552(a), 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.''
\30\ The FAA notes that 1 CFR 51.7 states that an assumption
exists that a publication produced by the same agency that is
seeking its approval is inappropriate for incorporation by
reference. However, the ACS and PTS overcame this assumption under
the standards set forth in 1 CFR 51.7(b) due to the unique qualities
described here.
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Some commenters claimed that the process for changing the ACS and
PTS documents must be faster and more flexible than the rulemaking
process will allow due to technological developments and innovative
aviation advancements. Commenters, particularly powered-lift
manufacturers and planned commercial operators, emphasized the need to
nimbly update the ACS and PTS in a timely manner and suggested the
publication of clear revision cycles, review and revision timelines,
and standing RINs.\31\
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\31\ A Regulation Identifier Number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Regulatory and
Deregulatory Actions.
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The FAA acknowledges industry's concerns that the rulemaking
process will prevent quick updates to the ACS and PTS.\32\ Rulemaking
will be required to revise any document incorporated by reference into
the CFR. As the ACS and PTS contain requirements for obtaining an
airman certificate or rating, rulemaking will prevent the agency from
imposing new requirements on a regulated entity by mandating a new
version of a document without adhering to the APA (i.e., by not
providing notice of the changes and an opportunity for comment).
Essentially, because of the regulatory status of ACS and PTS, should
the FAA want to add a task or element to an ACS or PTS, the regulated
community would be given notice, have the opportunity to provide input
on the addition, and have time to prepare accordingly for the change
before effectivity. Given the technical nature of the ACS and PTS, the
FAA intends to explore an expedited method for making required updates
through the rulemaking process similar to the process used for airspace
actions. For updates that are administrative in nature, the FAA may use
direct final rules or interim final rules to make those types of non-
substantive changes.\33\
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\32\ The FAA notes that it is unaware of any updates that were
immediately required to respond to a safety concern or new
technology. If the FAA determines that safety requires immediate
action, the FAA will take the necessary steps within all available
means to address that concern.
\33\ See ACUS Recommendation 95.4, Jun. 15, 1995; ACUS
Recommendation 2011-5, Dec. 8, 2011; and OMB Circular A-119, Jan.
27, 2016.
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2. Final Rule Amendments
The FAA's regulatory amendments to parts 61, 63, and 65 remain
unchanged from the proposal.
i. Airman Certification Standards and Practical Test Standards
Incorporated by Reference Into Part 61
Title 14 CFR part 61 sets forth the certification requirements for
pilots and flight instructors. As previously stated, new centralized
IBR Sec. 61.14 lists the ACS and PTS incorporated by reference into
part 61 pertaining to pilots and flight instructors. This section
summarizes 15 ACS and 15 PTS \34\ that require applicants to perform
the tasks specified in the areas of operation for the airman
certificate and/or rating sought, as applicable.\35\ As noted
previously, the FAA makes the ACS and PTS reasonably available for
interested parties to view by providing free online public access to
the FAA Training and Testing website at <a href="http://www.faa.gov/training_testing">www.faa.gov/training_testing</a>.
Interested parties can also download the ACS and PTS free of charge at
the provided web address. Additionally, the FAA developed an ACS
companion guide for pilots providing guidance on certain non-regulatory
and technical information previously published in the ACS.
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\34\ The FAA added dates to the regulatory text for version and
document identification. This date, November 2023, provides a
specific identification month for the PTS and ACS.
\35\ In accordance with 1 CFR 51.5(b)(3), an agency must
summarize the material it incorporates by reference in the preamble
of the final rule. Sections IV.A.2.ii. and iii. of this preamble
summarize the material incorporated by reference in 14 CFR parts 63
and 65.
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Airman Certification Standards:
<bullet> FAA-S-ACS-2, Commercial Pilot for Powered-Lift Category
Airman Certification Standards; November 2023.
[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> FAA-S-ACS-3, Instrument Rating--Powered-Lift Airman
Certification Standards; November 2023.
[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.
[[Page 22487]]
[cir] This ACS contains the following Areas of Operation: Preflight
Preparation; Preflight Procedures; Air Traffic Control (ATC) Clearances
and Procedures; Flight by Reference to Instruments; Navigation Systems;
Instrument Approach Procedures; Emergency Operations; and Postflight
Procedures.
<bullet> FAA-S-ACS-6C, Private Pilot for Airplane Category Airman
Certification Standards; November 2023.
[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> FAA-S-ACS-7B, Commercial Pilot for Airplane Category
Airman Certification Standards; November 2023.
[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> FAA-S-ACS-8C, Instrument Rating--Airplane Airman
Certification Standards; November 2023.
[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 (ATC) Clearances
and Procedures; Flight by Reference to Instruments; Navigation Systems;
Instrument Approach Procedures; Emergency Operations; and Postflight
Procedures.
<bullet> FAA-S-ACS-11A, Airline Transport Pilot and Type Rating for
Airplane Category Airman Certification Standards; November 2023.
[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> FAA-S-ACS-13, Private Pilot for Powered-Lift Category
Airman Certification Standards; November 2023.
[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> FAA-S-ACS-14, Instrument Rating--Helicopter Airman
Certification Standards; November 2023.
[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 (ATC) Clearances
and Procedures; Flight by Reference to Instruments; Navigation Systems;
Instrument Approach Procedures; Emergency Operations; and Postflight
Procedures.
<bullet> FAA-S-ACS-15, Private Pilot for Rotorcraft Category
Helicopter Rating Airman Certification Standards; November 2023.
[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> FAA-S-ACS-16, Commercial Pilot for Rotorcraft Category
Helicopter Rating Airman Certification Standards; November 2023.
[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> FAA-S-ACS-17, Airline Transport Pilot and Type Rating for
Powered-Lift Category Airman Certification Standards; November 2023.
[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> FAA-S-ACS-25, Flight Instructor for Airplane Category
Airman Certification Standards; November 2023.
[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> FAA-S-ACS-27, Flight Instructor for Powered-Lift Category
Airman Certification Standards; November 2023.
[cir] This ACS communicates the aeronautical knowledge, risk
management, and flight proficiency
[[Page 22488]]
standards for the flight instructor certificate 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;
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> FAA-S-ACS-28, Flight Instructor--Instrument Rating
Powered-Lift Airman Certification Standards; November 2023.
[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.
<bullet> FAA-S-ACS-29, Flight Instructor for Rotorcraft Category
Helicopter Rating Airman Certification Standards; November 2023.
[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.
Practical Test Standards:
<bullet> FAA-S-8081-3B, Recreational Pilot Practical Test Standards
for Airplane Category and Rotorcraft Category; November 2023.
[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 for
Single-Engine Airplane: 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.
[cir] This PTS contains the following Areas of Operation for
Rotorcraft Helicopter: Preflight Preparation; Preflight Procedures;
Airport and Heliport Operations; Hovering Maneuvers; Takeoffs, Landing,
and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers;
Navigation; Emergency Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for
Rotorcraft Gyroplane: Preflight Preparation; Preflight Procedures;
Airport Operations; Takeoffs, Landings, and Go-Arounds; Performance
Maneuvers; Ground Reference Maneuvers; Navigation; Flight at Slow
Airspeeds; Emergency Operations; and Postflight Procedures.
<bullet> FAA-S-8081-7C, Flight Instructor Practical Test Standards
for Rotorcraft Category Gyroplane Rating; November 2023.
[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> FAA-S-8081-8C, Flight Instructor Practical Test Standards
for Glider Category; November 2023.
[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> FAA-S-8081-9E, Flight Instructor Instrument Practical Test
Standards for Airplane Rating and Helicopter Rating; November 2023.
[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> FAA-S-8081-15B, Private Pilot Practical Test Standards for
Rotorcraft Category Gyroplane Rating; November 2023.
[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> FAA-S-8081-16C, Commercial Pilot Practical Test Standards
for Rotorcraft Category Gyroplane Rating; November 2023.
[cir] This PTS establishes the aeronautical knowledge, special
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.
[[Page 22489]]
<bullet> FAA-S-8081-17A, Private Pilot Practical Test Standards for
Lighter-Than-Air Category; November 2023.
[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 for the
Balloon class: Preflight Preparation; Preflight Procedures; Airport
Operations; Launches and Landings; Performance Maneuvers; Navigation;
Emergency Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for the
Airship class: Preflight Preparation; Preflight Procedures; Airport
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers;
Ground Reference Maneuvers; Navigation; Emergency Operations; and
Postflight Procedures.
<bullet> FAA-S-8081-18A, Commercial Pilot Practical Test Standards
for Lighter-Than-Air Category; November 2023.
[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> FAA-S-8081-20A, Airline Transport Pilot and Aircraft Type
Rating Practical Test Standards for Rotorcraft Category Helicopter
Rating; November 2023.
[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> FAA-S-8081-22A, Private Pilot Practical Test Standards for
Glider Category; November 2023.
[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> FAA-S-8081-23B, Commercial Pilot Practical Test Standards
for Glider Category; November 2023.
[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 Speeds; Soaring Techniques;
Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency
Operations; and Postflight Procedures.
<bullet> FAA-S-8081-29A, Sport Pilot and Sport Pilot Flight
Instructor Rating Practical Test Standards for Airplane Category,
Gyroplane Category, and Glider Category; November 2023.
[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 for Sport
Pilot Airplane: Preflight Preparation; Preflight Procedures; Airport
and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds;
Performance Maneuvers; Ground Reference Maneuvers; Navigation; Slow
Flight and Stalls; Emergency Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for Sport
Pilot Gyroplane: Preflight Preparation; Preflight Procedures; Airport
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers;
Ground Reference Maneuvers; Navigation; Flight at Slow Airspeeds;
Emergency Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for Sport
Pilot Glider: Preflight Preparation; Preflight Procedures; Airport and
Gliderport Operations; Launches and Landings; Performance Speeds;
Soaring Techniques; Navigation; Slow Flight and Stalls; Emergency
Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for Flight
Instructor: Fundamentals of Instructing; Technical Subject Areas; and
Preflight Lesson on a Maneuver to be Performed in Flight.
<bullet> FAA-S-8081-30A, Sport Pilot and Sport Pilot Flight
Instructor Rating Practical Test Standards for Lighter-Than-Air
Category; November 2023.
[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 for Sport
Pilot Airship: Preflight Preparation; Preflight Procedures; Airport
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers;
Ground Reference Maneuvers; Navigation; Emergency Operations; and
Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for Sport
Pilot Balloon: Preflight Preparation; Preflight Procedures; Airport
Operations; Launches and Landings; Performance Maneuvers; Navigation;
Emergency Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for Sport
Pilot Flight Instructor: Fundamentals of Instructing; Technical Subject
Areas; and Preflight Lesson on a Maneuver to be Performed in Flight.
<bullet> FAA-S-8081-31A, Sport Pilot and Sport Pilot Flight
Instructor Practical Test Standards for Powered Parachute Category and
Weight-Shift-Control Category; November 2023.
[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 for Sport
Pilot Weight-Shift-Control: Preflight Preparation; Preflight
Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings,
and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers;
Navigation; Slow
[[Page 22490]]
Flight and Stalls; Emergency Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for Sport
Pilot Powered Parachute: Preflight Preparation; Preflight Procedures;
Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-
Arounds; Performance Maneuvers; Ground Reference Maneuvers; Navigation;
Emergency Operations; and Postflight Procedures.
[cir] This PTS contains the following Areas of Operation for Sport
Pilot Flight Instructor: Fundamentals of Instructing; Technical Subject
Areas; and Preflight Lesson on a Maneuver to be Performed in Flight.
<bullet> FAA-S-8081-32A, Private Pilot Practical Test Standards for
Powered Parachute Category and Weight-Shift-Control Aircraft Category;
November 2023.
[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 for
Powered Parachute: 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.
[cir] This PTS contains the following Areas of Operation for
Weight-Shift-Control Aircraft: Preflight Preparation; Preflight
Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings,
and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers;
Navigation; Slow Flight and Stalls; Emergency Operations; Night
Operation; and Postflight Procedures.
Furthermore, the FAA adopts the proposed amendments pertaining to
proficiency checks in 14 CFR part 61. As explained in the NPRM,
proficiency checks include a type of review of a pilot's proficiency
generally required to maintain existing privileges or to add privileges
in the case of sport pilot certificates. A proficiency check differs
from a practical test. However, evaluators refer to ACS and PTS when
performing pilot proficiency checks. Therefore, the FAA adopts the
proposed conforming amendments to the proficiency check requirements in
part 61. Specifically, this final rule will require that instrument
proficiency checks under Sec. 61.57(d), PIC proficiency checks under
Sec. 61.58, and sport pilot proficiency checks under Sec. Sec. 61.321
and 61.419 occur in accordance with the appropriate ACS or PTS,
respectively, through minor revisions to the applicable section and
cross-references to the centralized IBR section.
ii. Practical Test Standard Incorporated by Reference Into 14 CFR Part
63
Title 14 CFR part 63 contains the certification requirements for
flight crewmembers other than pilots, specifically flight engineers.
The standards contained in Sec. 63.39(c) require an applicant for a
flight engineer certificate with a class rating to pass a practical
test in the class of airplane for which the applicant seeks a rating.
Revision of Sec. 63.39(a) conforms to the current practice and
specifies that, 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. The Flight Engineer PTS fashions the regulatory subject areas into
areas of operation in the Flight Engineer PTS, which expands regulatory
subject areas into tasks that list the required knowledge and skills
appropriate to the area of operation.\36\ Each task lists an objective,
which consists of the important elements that an applicant must
satisfactorily perform 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. As noted previously, the FAA makes
the PTS reasonably available to interested parties to view by providing
free online public access to the FAA Training and Testing website at
<a href="http://www.faa.gov/training_testing">www.faa.gov/training_testing</a>. Interested parties can download the ACS
and PTS free of charge at the provided web address.
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\36\ 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, expanded
into Task A: Preflight Inspection and Flight Deck Setup and Task B:
Preflight Inspection--Exterior.
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iii. Practical Test Standards Incorporated by Reference Into Part 65
Part 65 contains the certification requirements for airmen other
than flight crewmembers, including aircraft dispatchers and parachute
riggers. Both aircraft dispatchers and parachute riggers must pass a
practical test to obtain a certificate and/or rating.\37\ 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 Standard; therefore, this final
rule adds the Aircraft Dispatcher Practical Test Standards and
Parachute Rigger Practical Test Standards to Sec. 65.23. As noted
previously, the FAA makes the PTS reasonably available to interested
parties to view by providing free online public access to the FAA
Training and Testing website at <a href="http://www.faa.gov/training_testing">www.faa.gov/training_testing</a>.
Interested parties can download the ACS and PTS free of charge at the
provided web address.
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\37\ 14 CFR 65.53(b)(4), 65.115, 65.119, and 65.123.
---------------------------------------------------------------------------
The standards contained in the IBR section at Sec. 65.59 require
an applicant for an aircraft dispatcher certificate to pass a practical
test given by the Administrator with respect to any one type of large
aircraft used in air carrier operations. Because the aircraft
dispatcher practical test occurs in accordance with the Aircraft
Dispatcher PTS, Sec. 65.59 will direct compliance with the Aircraft
Dispatcher PTS through a cross-reference to the centralized IBR section
of Sec. 65.23. 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 divided into tasks (e.g.,
navigation and aircraft navigation systems, practical dispatch
applications). Each task lists an objective, which consists of the
elements that the applicant must perform satisfactorily to demonstrate
competency. Specifically, the objective includes what the applicant
must do, the conditions for performance of the task, and the minimum
acceptable standards of performance.
Additionally, both a senior parachute rigger and a master parachute
rigger must pass an oral and practical test for the issuance of a
certificate; 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.\38\ The Parachute Rigger PTS governs (1) the oral and practical
test for obtaining a senior parachute rigger certificate and master
parachute rigger certificate and (2) the practical test for obtaining
type ratings for seat, back, chest, and lap; therefore, Sec. Sec.
65.115, 65.119, and 65.123(b) will direct compliance with the Parachute
Rigger PTS through a cross-reference to
[[Page 22491]]
the centralized IBR section of Sec. 65.23. The Parachute Rigger PTS
contains areas of operation (e.g., packing parachutes, parachute
operation, and care), which divide into tasks applicable to the
certificate and/or rating sought. For example, a task only involved in
a seat type rating is delineated as Packing Seat Type Parachute (Seat
Type Rating). Each task lists an objective, which consists of the
elements the applicant must satisfactorily perform to demonstrate
competency. Specifically, the objective includes the ability tested,
the conditions under which the applicant performs the task to
demonstrate ability, and the minimum acceptable standards of
performance. This final rule removes gender references within the
aforementioned parachute rigger regulations.
---------------------------------------------------------------------------
\38\ 14 CFR 65.115, 65.119, 65.123(b).
---------------------------------------------------------------------------
This final rule also makes one related technical amendment in part
65. Currently, as previously stated, the centralized IBR section in
part 65, Sec. 65.23, houses both the Aviation Mechanic ACS and PTS. As
originally implemented,\39\ Sec. Sec. 65.75 and 65.79 provided that
until July 31, 2023, a mechanic applicant must pass a written test
including the subject areas on the Mechanic PTS and pass an oral and
practical test by demonstrating the prescribed proficiency in the
assigned objectives for the subject areas contained in the Mechanic
PTS. Effective August 1, 2023, these sections required the written,
oral, and practical tests to include the knowledge, risk management,
and skill elements, as applicable, set forth by the Mechanic ACS. While
the Mechanic PTS was removed from Sec. Sec. 65.75 and 65.79 upon the
effective date of the ACS, the PTS remained in the centralized IBR
section. Therefore, this final rule removes the Mechanic PTS from Sec.
65.23 as it is no longer applicable.
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\39\ Aviation Maintenance Technician Schools interim final rule,
87 FR 31391 (May 24, 2022); Aviation Maintenance Technician Schools
final rule, 88 FR 38391 (Jun. 14, 2023).
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B. Discussion of Comments Related to the ACS and PTS
As previously discussed, the FAA provided the draft ACS and PTS
documents proposed to be incorporated by reference in the docket for
the NPRM associated with this final rule.\40\ The FAA received numerous
comments on these proposed ACS and PTS. These comments included
suggestions and remarks on groupings of ACS and PTS, as well as those
specific to a single ACS/PTS. This section of the preamble addresses
comments that the FAA considered but did not result in changes to the
ACS and PTS and explains the FAA's reasoning for not adopting the
changes as suggested or adopting a tangentially related revision
related to a specific comment. The first section, Broad ACS Comments
(section IV.B.1. of this preamble), responds to comments that are
generic in nature to a group of ACS, whether by certificate level or
category/class of aircraft. The second section, Specific ACS Comments
(section IV.B.2. of this preamble), responds to comments intended to
apply only to one ACS or PTS. The last section (section IV.B.3. of this
preamble) discusses universally applicable comments noted by industry.
For those comments that the FAA agreed with and therefore implemented
the suggested change, see section IV.D of this preamble.
---------------------------------------------------------------------------
\40\ FAA-2022-1463.
---------------------------------------------------------------------------
1. Broad ACS Comments
i. Airplane ACS
First, Flight Safety International (FSI) commented on the use of
the term ``flight manual,'' noting that the FAA's statement in the
powered-lift ACS introduction explains what the term means and
suggesting the addition of a similar explanation in an introduction to
the Airplane ACS.\41\ The FAA notes that '' Use of the Term Flight
Manual'' appears in the new Powered-Lift ACS introduction section to
provide context needed to clarify that flight manual is synonymous
language with powered-lift aircraft flight manual in order to
facilitate the introduction of a novel aircraft. The generic term of
flight manual was used for the powered-lift ACS in the absence of a
specified regulatory term for the powered-lift flight manual as a
result of rulemaking. The FAA did not implement this change to the
Airplane and Rotorcraft ACS as it is already used throughout the
CFR.\42\
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\41\ FSI provided a similar suggestion in relation to the
Helicopter ACS; the FAA declined to add an explanation to the
Helicopter ACS regarding flight manuals for the same reasons
provided herein.
\42\ See 14 CFR 21.5, 91.9.
---------------------------------------------------------------------------
One commenter suggested limiting preflight assessment in the
Private, Commercial, and Flight Instructor Airplane ACS to only
elements involving inspection of the aircraft without any elements
related to human factors. The commenter stated that duplicated elements
make the task unfocused and difficult to learn and assess. The FAA did
not revise the ACS in this final rule as an applicant's assessment of
the aircraft, airman, and environmental factors are all elements that
could affect the safety of flight; therefore, an airman's ability to
evaluate him/herself in relation to a flight is as compelling from a
safety standpoint as assessing the aircraft and the weather.
Next, the ARAC ACS WG commented on tasks related to runway
incursion. The ARAC ACS WG suggested adding a runway incursion
avoidance Task in the Private and Commercial Airplane ACS in AOO III,
Airplane and Seaplane Base Operations, to align with the dedicated task
that exists in the Instructor Airplane ACS. The FAA recognizes the
importance of testing of runway incursion avoidance and notes that this
topic is included in the private and commercial airplane ACS throughout
multiple tasks. Runway incursion avoidance will be tested in at least
one of the required tasks. An example of this is AOO II Task C. Taxiing
of the Commercial Pilot Airplane ACS, which requires the evaluator to
determine that the applicant exhibits satisfactory knowledge, risk
management, and skills associated with taxi operations, including
runway incursion avoidance. The FAA's intention is to mitigate risk by
having the instructor applicant demonstrate during the practical test
how to deliver training on the elements and techniques for runway
incursion avoidance. Once certificated, the instructor will train their
students how to avoid runway incursions as an inherent element of
providing training on taxiing, takeoffs, and landings. This training
should minimize the amount of runway incursions in the future. As a
result, the FAA did not create a separate task for runway incursion
avoidance in these ACS.
Additionally, the ARAC ACS WG suggested moving the Runway Incursion
Task found in the Instructor ACS, AOO II, Technical Subject Areas, to
AOO VI, Airplane and Seaplane Base Operations. The FAA did not
implement this change in the adopted ACS since evaluators already
incorporate this required task in a plan of action.
One commenter suggested removing certain risk management elements
in the Human Factors tasks from the Airplane ACS.\43\ Specifically, the
commenter supported the removal of ``Distractions, task prioritization,
loss of situational awareness, or disorientation'' and ``Confirmation
and expectation bias'' from the Human Factors Task, as the commenter
believed they were vague. The FAA notes that the ACS is intended to
communicate and demonstrate risk management as a continuous process
that includes identification, assessment, and mitigation of task-
specific hazards
[[Page 22492]]
that create risk. The risk management element identifies the
circumstantial issues that aviators must consider in association with a
particular task. Furthermore, risk management sections in each ACS
translate special emphasis items and abstract terms into specific
behaviors relevant to each task. Human factors circumstantial issues
have been identified by the National Transportation Safety Board (NTSB)
incident and accident reports, which include distractions and
expectation bias as factors.\44\ Furthermore, risk management elements
like distractions, task prioritization, loss of situational awareness,
disorientation, and confirmation expectation bias are observable risk
management behaviors that are required to be evaluated. The references
identified within each task provide additional information on the
objective and task elements, which includes FAA guidance documents. As
such, the Human Factors task found in the Airplane ACS provides
reference material that leads to the FAA Risk Management Handbook (FAA-
H-8083-2, Pilot's Handbook or Aeronautical Knowledge, and Aeronautical
Information Manual (AIM), which aligns with these ACS risk management
elements.
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\43\ The Human Factors task is set forth in AOO I, Task H in the
Private and Commercial Airplane ACS and AOO II, Task A in the Flight
Instructor Airplane ACS.
\44\ See, for example, NTSB Reports: DCA22LA126, DCA18IA081,
DCA06MA064.
---------------------------------------------------------------------------
Additionally, the commenter also recommended changing the risk
element ``aeromedical and physiological issues'' to associate with the
first knowledge element of the Human Factors Task--``Symptoms,
recognition, causes, effects, and corrective actions associated with
aeromedical and physiological issues.'' The commenter stated that this
would allow the examiner the ability to select up to three sub-elements
and ask the applicant to identify, assess, and mitigate the associated
risks with those sub-elements. Currently, the ACS addresses the
commenter's concern as examiners must select at least one knowledge
element and a risk management element. This allows the examiner to ask
the applicant to assess risk related to any knowledge element. The FAA
did not make the requested changes to the risk management elements
identified in the Airplane ACS Human Factors tasks for the reasons
noted above.
The same commenter suggested that the Private, Commercial, and
Flight Instructor Airplane ACS return to how slow flight was performed
in the Flight Instructor Airplane PTS, as the commenter asserted that
the ability to fly an airplane at its absolute minimum controllable
airspeed proficiently is far more beneficial than merely avoiding the
stall warning because ``pilots will get used to it.'' The commenter
also stated that the new method of slow flight implicitly teaches
pilots dependence on stall warning devices, which, for many airplanes,
is highly inaccurate and advisory at best.
The FAA notes that Safety Alert for Operations (SAFO) 17009 \45\
identified loss of control in flight to be the leading cause of fatal
general aviation accidents in the United States and commercial aviation
worldwide. As a result, the prevention of loss of control in flight in
general aviation was identified on the National Transportation Safety
Board's (NTSB) \46\ Most Wanted List of Safety Improvements for 2017.
With the release of the Private Pilot--Airplane ACS in June 2016, the
FAA revised the slow flight evaluation standard to reflect maneuvering
without a stall warning (e.g., aircraft buffet, stall horn, etc.). The
FAA explained this change in SAFO 16010 \47\ as one approach to
addressing loss of control in flight accidents in general aviation. One
of the primary concerns was that because a pilot would no longer be
evaluated while flying at slow speeds with the airplane near the
critical angle of attack (AOA), that pilot would not be trained or
proficient at maneuvering under these conditions or understand what
happens beyond the stall warning. The FAA asserted in SAFO 16010 and
maintains the position that a pilot is still expected to ``know and
understand the aerodynamics behind how the airplane performs from the
time the stall warning is activated to reaching a full stall.'' The FAA
also suggested that the pilot can acquire this knowledge in ground
training and further consolidate it in the airplane while practicing
the Stall Task skills in the ACS. At the time of the publication of
SAFO 17009, the FAA reviewed Slow Flight and Stalls AOOs to ensure the
knowledge, risk management, and skill elements adequately capture what
a pilot should know, consider, and do relative to each task. As a
result of that review, the FAA revised the evaluation standards for
certain tasks for the private pilot airplane and commercial pilot
airplane practical tests. The FAA continues to adopt this rationale and
did not implement the requested changes to the maneuvering during slow
flight tasks to the Private, Commercial, or CFI Airplane ACS.
---------------------------------------------------------------------------
\45\ FAA SAFO 17009, Airman Certification Standards (ACS): Slow
Flight and Stalls, May 30, 2017.
\46\ NTSB 2017-2018 Most Wanted List of Transportation Safety
Improvements, <a href="https://www.ntsb.gov/Advocacy/mwl/Documents/2017-18/MWL-Brochure2017-18.pdf">https://www.ntsb.gov/Advocacy/mwl/Documents/2017-18/MWL-Brochure2017-18.pdf</a>.
\47\ To avoid confusion the FAA has cancelled SAFO 16010,
Maneuvering During Slow Flight in an Airplane, and replaced it with
a more comprehensive discussion in SAFO 17009, Airman Certification
Standards (ACS): Slow Flight and Stalls.
---------------------------------------------------------------------------
One commenter commented on several elements pertaining to
electronic flight bags (EFB). First, the commenter suggested making the
use of an EFB a separate knowledge element from route planning within
the Preflight Preparation AOO since an EFB can be used in other
planning calculations. The commenter also suggested removing EFB as a
risk element since it is not a significant cause of accidents,
incidents, or violations and removing it as a skill element since its
use is implicit in S1, Use an electronic flight bag (EFB), if
applicable. While the FAA understands the commenter's reasoning for
wanting a separate knowledge element for EFB, the intention of the
element is for the applicant to demonstrate the understanding of route
planning using an EFB if available. The FAA maintains that use of an
EFB is most appropriate in the risk and skill portions of the practical
test because use of an EFB presents potential hazards. An applicant who
supplies or uses an EFB might use it in a manner that can affect the
safety of the flight, thereby necessitating training and testing on the
skill necessary for its use and the inherent risk of its use. In
addition, the skill elements pertaining to an EFB more broadly
encompass all use of an EFB by the applicant for planning and
navigation.
ii. Helicopter ACS
The FAA received several general comments to the Rotorcraft
Category, Helicopter Class ACS that apply to more than one ACS (i.e.,
suggested changes in the Private Helicopter would result in related
changes in the Commercial Helicopter, which could, in turn, have
implications for the Flight Instructor Helicopter ACS). This section
summarizes and responds to the comments in a generalized fashion rather
than duplicate explanations per specific ACS.
One commenter requested a change in the Vertical Takeoff and
Landing Task under Hovering Maneuvers (AOO IV, Task A, in both the
Private and Commercial Helicopter ACS) to specify the position
maintained within 4 feet of a designated point should be with minimal
aft movement rather than with no aft movement, as currently required.
The commenter stated that it is unrealistic to require no aft movement
during the Vertical Takeoff and Landing Task because the applicant may
not be able to prevent the helicopter from
[[Page 22493]]
moving aft due to variable or gusty winds, particularly in a light
training helicopter.
The FAA notes some components of the Hovering Maneuver, Vertical
Takeoff and Landing task is a demonstration of directional control and
maintaining a position over the intended hover area, which inherently
includes rotor safety considerations. The tail rotor of some
helicopters cannot be seen from the cabin, and it can be difficult to
judge distance from obstructions. In addition, strong crosswinds and
tailwinds may require the use of more tail rotor thrust to maintain
directional control. A consideration to be evaluated prior to the
flight portion of the practical test is to operate within the
limitations of the RFM, as well as the applicant's personal minimums.
Personal minimums are evaluated as part of the Preflight Preparation,
Human Factors task. Operating within those parameters is a
demonstration of risk-based decision making and should give the
applicant opportunity to demonstrate mastery of the aircraft. As
described in the ACS, evaluators assess the applicant's mastery for
specified tasks. The failure to take prompt corrective action when
tolerances are exceeded is an example of one typical area of
unsatisfactory performance for disqualification of a task. The FAA did
not implement this change in the adopted ACS and maintains no aft
movement as the level of expected proficiency for the task to qualify
for the certificate or rating and maintain the level of safety required
in operations.
The same commenter stated the use of the term ``normal'' as it
applies to the Normal Approach and Landing Task \48\ is arbitrary and
may vary given different conditions, obstacles, etc. Specifically, the
commenter sought to replace the standard of normal approach angle and
rate of closure with ``constant'' approach angle and rate of closure.
However, the FAA notes that it uses the term ``normal'' intentionally
to account for a range of conditions pilots may encounter. A descent
angle is established to provide distinguishing differences between a
shallow, normal, and steep approach. The Helicopter Flying Handbook,
FAA-H-8083-21, which is listed as a reference for this particular task,
describes a normal approach technique as using a descent angle between
7[deg] and 12[deg], which provides an open range to capture what would
be considered a ``normal'' maneuver.\49\ This descent angle range of
5[deg] captures the margin of error that can occur with slight
variances in a person's normal approach visualized glide angle, but
still falls within those parameters. Furthermore, the Helicopter Flying
Handbook defines the differences in glide angles for a shallow approach
at 3[deg] to 5[deg] and a steep approach at 13[deg] to 15[deg].
---------------------------------------------------------------------------
\48\ The FAA revised the task name ``Normal Approach and
Landing'' to ``Normal and Crosswind Approach'' pursuant to comments,
as set forth in the Record of Changes in section IV.D., Table 3 of
this preamble.
\49\ FAA-H-8083-21, Helicopter Flying Handbook (2019), Chapter
9: Basic Flight Maneuvers, Approaches, Normal Approach to Hover (pp.
9-19).
---------------------------------------------------------------------------
Additionally, the commenter suggested revising an element \50\
pertaining to determination of wind direction to remove the option of
the use of visible wind direction indicators. The commenter stated that
the element, as currently written, is superfluous. The FAA disagrees
with the commenter's contention. Helicopters often land and take off
from off-airport sites, which requires the pilot to determine wind
direction using various means. The element simply provides the pilot
the clear option to demonstrate competency determining wind direction
with or without wind direction indicators.
---------------------------------------------------------------------------
\50\ The FAA notes that these comments specifically reference
AOO V, Task G in the Private Helicopter ACS and AOO V, Task B in the
Commercial Helicopter ACS, but this element appears in numerous
instances throughout all Helicopter ACS.
---------------------------------------------------------------------------
The commenter also commented on an element within AOO VI
(Performance Maneuvers), Task C: Autorotation with Turns in a Single-
Engine Helicopter in both the Private and Commercial Helicopter ACS.
Specifically, the commenter stated that the skill element that requires
rolling out of the turn no lower than 300 feet above ground level (AGL)
along the flight path to the selected landing area should be
eliminated. The commenter asserted the element is arbitrary and
unrealistic in some situations since training helicopters may begin the
autorotation at 500 feet and would not roll out of the turn above 300
feet. The commenter stated that if the FAA felt elimination was not
necessary, then the element should simply require roll out no lower
than the start of the cyclic deceleration.
The FAA disagrees with the commenter's recommendation to eliminate
or alternatively modify this skill element because a lower roll out
altitude decision point increases the risk of helicopter accidents
during training and practical tests. In response to helicopter
autorotation training accidents, the FAA published Advisory Circular
(AC) 61-140, Autorotation Training, (dated August 31, 2016) which
discusses a study conducted by the FAA and the Joint Helicopter Safety
Analysis Team regarding helicopter training accidents. The AC outlines
several safety recommendations, including a 300 feet AGL decision check
with helicopter maneuvering completed before that point and the
helicopter properly aligned with the intended landing area. Given the
Joint Helicopter Safety Analysis Team findings, the FAA finds the
safety recommendation to complete all turns by 300 feet AGL will
enhance safety during training and practical tests since this change
reduces the tendency of the applicant to rush through the turn and
compromise safety during the maneuver.
However, in light of the commenter's concern, and to enable pilots
to rollout from turns no lower than 300 feet AGL, the FAA finds it
necessary to increase the minimum entry altitude of the maneuver from
500 feet AGL to 700 feet AGL. Accordingly, the FAA amended appendix 3,
Operational Requirements, Limitations, & Task Information for
``Autorotation with Turns in a Single-Engine Helicopter'' to reflect a
minimum entry altitude of at least 700 feet AGL.
Next, FSI suggested moving the ``Taxiing with Wheel-type Landing
Gear'' Task from the Hovering Maneuvers AOO to the Airport and Heliport
Operations AOO. The FAA disagrees because an evaluator could ask an
applicant who brings a helicopter with wheel-type landing gear to
demonstrate the Taxiing with Wheel-type Landing Gear Task on the ground
or perform a hover taxi, as well as other related Tasks in the Hovering
Maneuvers AOO.
The ARAC ACS WG suggested that autorotation Tasks should not
include a testing standard for accuracy of a selected designated point.
However, the FAA expects an applicant to select and reach a designated
point within a given tolerance as part of an autorotation during a
practical test. By choosing the entry point and autorotating to a
selected spot, the applicant demonstrates the skill to select and
maneuver to a suitable landing point should an engine failure occur,
much like a realistic scenario in the national airspace system (NAS).
Finally, the ARAC ACS WG noted that the Helicopter ACS use the
terms IIMC or UIMC, which may lead the aviation industry to assume each
term has a different meaning. The FAA notes it uses both terms,
unintended flight in instrument meteorological conditions (UIMC) and
inadvertent instrument meteorological conditions (IIMC) to describe
flight in visual meteorological conditions (VMC) continued into
[[Page 22494]]
instrument meteorological conditions (IMC) without the intent to do so.
Use of either or both terms can inform the public of how aviation
agencies categorize this event. The FAA introduced UIMC in addition to
IIMC in the Helicopter Flying Handbook. The FAA understands how
confusion could arise and has, therefore, removed the word ``or'' from
the affected ACS element and replaced it with a solidus symbol to read
``IIMC/UIMC'' to communicate the interchangeability of the phrases and
acronyms.
iii. Powered-Lift ACS
While many commenters expressed appreciation to the FAA for
publication of the six Powered-Lift ACS, commenters also noted
perceived shortcomings to the Powered-Lift ACS as a whole. Most
prominently, Embraer S.A., General Aviation Manufacturers Association
(GAMA), Wisk Aero, and Lilium GmbH made similar comments regarding
powered-lift and a vertical takeoff and landing (VTOL). The commenters
urged the FAA to ensure the certification standards properly train and
qualify airmen, while considering powered-lift's imminent entry into
commercial operations. However, the commenters indicated that the
Powered-Lift ACS series does not address the complexities of every type
of VTOL, eVTOL, or powered-lift under development. For context, Lilium
specifically provided an example that the required aircraft knowledge
related to fuel, hydraulic, and pneumatic systems would not apply to
the all-electric Lilium jet, which does not contain these components.
As another example, Embraer also expressed concern that multiple tasks
under the In-Flight Maneuvers AOO within the ATP/Type Rating Powered-
Lift ACS and the High-Altitude Operations AOO within the Commercial
Pilot for Powered-Lift ACS may not apply to all powered-lift types.
The FAA notes that it developed the Powered-Lift ACS with the
understanding that these novel aircraft will possess varied systems and
operating and handling characteristics such that a rigid airman
certification framework would be difficult to implement. In other
words, the FAA understands the flexibility required of the
corresponding ACS for airman certification. For example, powered-lift
may be precluded from certain tasks due to the powered-lift's design
(e.g., stalls or circling approaches) that would be required by the
ACS. Conversely, a powered-lift may be able to perform a maneuver that
was not contemplated by the ACS, as adopted in this final rule.
The FAA maintains that the six Powered-Lift ACS, as adopted in this
final rule, provide an appropriate practical test foundation for the
forthcoming powered-lift operations. GAMA echoed this sentiment in a
comment, emphasizing that the documents provide a suitable initial set
of standards. Additionally, Joby Aviation acknowledged that the ATP and
Type Rating for Powered-Lift ACS are relatively flexible and adaptable
to support new and novel technologies. The FAA notes that while
industry and working groups provided extensive input and expertise on
the Powered-Lift ACS, a degree of uncertainty remains regarding the
addition of discrete tasks for certain powered-lift type ratings based
on the powered-lift's unique characteristics. Should the Flight
Standards Board Report (FSBR) and type certification process reveal any
additional tasks not accounted for in the ACS but considered essential
to the operation of the specific type of powered-lift, the FAA may set
forth these tasks in a type-specific appendix to the ACS, subject to
incorporation by reference in accordance with the APA.
On June 14, 2023, the FAA published the proposed rule, Integration
of Powered-Lift: Pilot Certification and Operations; Miscellaneous
Amendments Related to Rotorcraft and Airplanes.\51\ This NPRM proposed
certain flexibilities in consideration of the differing powered-lift
characteristics related to type specific airman certification testing.
Upon publication of the NPRM, stakeholders had an opportunity to submit
public comments on the FAA's proposal, including these flexibilities.
The FAA will consider all significant comments received on the powered-
lift NPRM in the final rule and reconcile the powered-lift final rule
(and necessary guidance) with this final rule, as appropriate. Once the
FAA publishes the powered-lift final rule, the FAA will actively engage
with stakeholders to develop or mitigate Tasks and publish guidance
specific to differentiating powered-lift types as the FAA and industry
work to achieve aircraft certification.
---------------------------------------------------------------------------
\51\ 88 FR 38946.
---------------------------------------------------------------------------
As it pertains to specific comment from Lilium and Joby, the FAA
understands the use of the term ``fuel'' rather than the term
``energy'' could lead individuals to reach the conclusion that this
term excludes electric propulsion systems. In a prior rulemaking, the
FAA stated it did not intend to preclude the certification of electric
propulsion systems or other non-fossil-fuel-based propulsion systems,
such as provided by certain carbon-based fuels or electrical potential,
and the FAA maintains that position now.\52\ The term ``fuel systems''
also includes a means of storage for the electrical energy provided
(e.g., batteries that provide energy to an electric motor) or devices
that generate energy for propulsion (e.g., solar panels or fuel
cells).\53\ The FAA considers it appropriate to use the term ``engine''
for powered-lift electric motors and recognized this in the first
special conditions for an electric engine in September 2021.\54\
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\52\ See Revision of Airworthiness Standards for Normal,
Utility, Acrobatic, and Commuter Category Airplanes final rule, 81
FR 96572 (Dec. 30, 2016).
\53\ For example, Sec. 91.205(b)(9) refers to a ``[f]uel gauge
indicating the quantity of fuel in each tank.'' In instances such as
this, the fuel tank may refer to the electric battery that stores
the energy.
\54\ Special conditions: magniX USA, Inc., magni350 and magni650
Model Engines; Electric Engine Airworthiness Standards final special
conditions, 86 FR 53508 (Sep. 27, 2021).
---------------------------------------------------------------------------
Joby stated that elements with applicability qualifiers and
references to appendix 3 of the ACS create redundancy and confusion.
Specifically, a portion of appendix 3, Equipment Requirements &
Limitations, states that an evaluator is expected to test the
applicant's knowledge of the systems that are available or installed
and operative during the ground and flight portions of the practical
test. Joby stated this indicates a pilot should only be checked in
accordance with the aircraft's equipment, but that certain
applicability modifiers \55\ used throughout the ACS introduce
confusion by implying items without the modifier are required, even if
the aircraft isn't equipped accordingly. Joby proposed the removal of
all applicability language from the element and, instead, suggested
reinforcement of the applicability of appendix 3 language to all
elements.
---------------------------------------------------------------------------
\55\ Joby refers to phrases such as ``as applicable,'' ``if
applicable,'' ``if equipped,'' ``if installed,'' ``if available,''
and ``as applicable,'' and similar language.
---------------------------------------------------------------------------
The FAA did not remove applicability language in the adopted ACS.
As previously discussed in this section, the FAA understands that some
powered-lift will not be equipped with certain equipment that may be
required in these foundational ACS, just as some equipment and elements
in airplane and helicopter ACS are inapplicable to some airplanes and
helicopter. Additionally, due to emerging technology and active
aircraft certification projects, the FAA cannot determine which one
statement would be applicable to all powered-lift aircraft and cannot
address this issue without more input from stakeholders,
[[Page 22495]]
as intended through an aircraft's certification process and Flight
Standards Board. These key processes will inform airman certification
frameworks for each specific powered-lift type.
Next, Joby noted that the ACS documents should not introduce new
requirements not found in part 61 without also modifying part 61. Joby
cited a few examples, including aviation security concerns, required
use of safety restraint systems, and passenger safety briefings. Joby
stated that these items are already captured more broadly in Area of
Operation I, Preflight Preparation, Task E, The Code of Federal
Regulations. The FAA did not adopt Joby's recommendation. The FAA seeks
to place elements in Tasks where they fit logically as part of an Area
of Operation and Task and maintains transparency in knowledge and
testing expectations through explicit elements. Specifically, because
Areas of Operation in part 61 are extensive in scope and limited in
detail, a Task or element might not be referenced in 14 CFR. The items
identified by Joby are appropriate elements of preflight procedures,
thus FAA has placed them in AOO II, Preflight Procedures, consistent
with the same requirements in the airplane and rotorcraft ACS. Because
IBR is a process by which content is made regulatory, these items have
the same standing as the areas of operation listed in part 61.\56\
---------------------------------------------------------------------------
\56\ If the FAA determined that a testing task was required to
determine the pilot's proficiency, but that task did not properly
fit under an existing area of operation, the FAA would revise the
areas of operation in part 61 to accommodate the new testing task.
The FAA most recently did this in the Operations of Small Unmanned
Aircraft Systems over People final rule (86 FR 4314, Jan. 15, 2021)
when it added night operations and operations over people to the
list of knowledge areas for airman certification under part 107.
---------------------------------------------------------------------------
iv. Glider PTS
The ARAC ACS WG and Soaring Safety Foundation (SSF) provided a list
of suggested changes to the Glider PTS. The FAA notes that several of
the items suggested by the ARAC ACS WG and SSF simply set forth
revisions without explanation, safety rationale, or data for the
requested change. The FAA notes that many elements already encompass
the commenters' suggested items.\57\ Commenters also suggested
amendment of many Fundamentals of Instructing (FOI) elements in the
Glider Flight Instructor PTS to align with the Aviation Instructor's
Handbook, which the FAA notes is listed as a reference. The Glider PTS
is slated to transition to ACS in the future, and the agency may
consider these items when collaborating with the ARAC ACS WG to draft
the Glider ACS. To note, the FAA agreed with several suggestions and
implemented corrections in the Glider PTS adopted with this final rule.
These accepted changes are detailed in section IV.D of this preamble.
---------------------------------------------------------------------------
\57\ For example, within the Commercial Glider PTS, the ARAC ACS
WG suggested modification of the weather Task to include low-level
wind shear conditions and techniques for avoiding them. The FAA
notes that evaluators can cover this information when asking the
applicant to explain hazards associated with flight in the vicinity
of thunderstorms (item 3). As another example, the ARAC ACS WG
suggested the addition of self-imposed medical stress in the
Aeromedical Factors Task (AOO I, Task F). The FAA notes that item
1.g. (stress and fatigue) within Task F may encompass all types of
stress, including self-imposed medical stress. Further, The ARAC ACS
WG suggested adding Notices to Air Missions (NOTAMs) as an item in
AOO VIII, Navigation, Task B, National Airspace System for the
Private and Commercial PTS. The FAA notes that Task B (National
Airspace System) in this AOO includes all necessary information for
the applicant to function in the NAS and does not exclude NOTAMs.
---------------------------------------------------------------------------
SSF suggested the addition of clearing procedures in all flight
maneuver tasks in the Private, Commercial, and Flight Instructor Glider
PTS. The FAA notes while only some Tasks may list that the applicant
clears the area before a maneuver, the unsatisfactory performance
section of the Glider PTS specifically discusses the failure to use
proper and effective visual scanning techniques to clear the area
before and while performing maneuvers. Because this is incorporated
within the practical test via the appendix, the FAA does not see a need
to add the specific element in each task. When the PTS transitions to
the ACS, it may be more appropriate to delineate clearing the area as a
skill task at that time.
Other SSF comments related to slips with or without the use of drag
devices during the skill portion of the Slip to Landing Task. The FAA
notes not all gliders have the capability to demonstrate a slip with
drag devices extended. Therefore, the Slips to Landing task
appropriately tests the airman's knowledge of slips with and without
the use of drag devices. Only the skill element requires a slip without
the use of drag devices. No justification or safety information was
provided with the comment, and the FAA did not make a change.\58\
---------------------------------------------------------------------------
\58\ The SSF referenced an FAA Designee Update from January 2000
published by the FAA in their justification for changes to the PTS;
however, the FAA is unable to locate the reference document and,
therefore, is unable to determine the proposed wording change.
---------------------------------------------------------------------------
v. Commercial Pilot ACS
As part of FSI's comments encouraging the FAA to strive for
uniformity within the various ACS and PTS, FSI noted inconsistencies
pertaining to the Night Operations tasks among the Commercial ACS.
Specifically, FSI noted that the Commercial Airplane ACS has no Night
Operations task, while the Commercial Powered-Lift ACS has a designated
Night Operations task under AOO I, Preflight Preparation, and the
Commercial Rotorcraft-Helicopter ACS includes the Night Operations task
under AOO IX, Special Operations. The FAA agrees that for uniformity
among the ACS Commercial Pilot documents the Night Operations task for
both Powered-Lift and Helicopter categories now appear in AOO I,
Preflight Preparation. The helicopter and powered-lift aircraft conduct
lower altitude operations and off-airport night operations into
unprepared landing areas, which involve a higher degree of risk due to
an increase in unpredictability compared to standard airport
operations. As a result, the FAA included the Night Operations task in
the Powered-Lift and Helicopter ACS and did not add it to the
Commercial Airplane ACS.
vi. Instrument Rating and Flight Instructor--Instrument Rating ACS
The FAA proposed to incorporate by reference five ACS and PTS to
obtain an instrument rating and/or an instrument instructor rating.\59\
Similar to the helicopter comments, some commenters suggested revisions
for one specific Instrument ACS or PTS that would apply to the entire
series of instrument and flight instructor-instrument rating standards.
This section summarizes those comments related to the Instrument ACS
and PTS and responds accordingly.
---------------------------------------------------------------------------
\59\ Instrument Rating--Airplane, Instrument Rating--Helicopter,
Instrument Rating--Powered-Lift; Flight Instructor Instrument--
Airplane and Helicopter, Flight Instructor Instrument--Powered-Lift.
---------------------------------------------------------------------------
First, one commenter stated that the Instrument Proficiency Check
(IPC) Task table in the Instrument ACS appendix has no regulatory basis
and inappropriately mandates a certain minimum number of Tasks within
the corresponding AOOs mentioned in 14 CFR 61.57. The commenter further
asserted that the addition of an IPC Task table with specific Tasks
should not be part of the ACS/PTS IBR rule and should be a separate
rulemaking process to allow comments on the FAA's selection of Tasks.
The commenter suggested either (1) removing the IPC requirements from
the ACS and issuing a subsequent rulemaking to address the topic of IPC
requirements (with content added to AC 61-98 in the meantime) or
[[Page 22496]]
(2) reissuing the NPRM to solicit comments on the IPC requirements.
As previously explained, Sec. 61.57(d), prior to this final rule,
listed the specific AOOs for an IPC. In practice, these AOOs were also
set forth in the applicable PTS or ACS with an accompanying task table.
Therefore, in the NPRM, the FAA simply proposed to remove the specific
AOOs from the regulation itself and, instead, provide a table within
the applicable ACS in the appendix with the specific AOOs and tasks to
be tested. The footprint of the IPC was neither expanded nor were
additional AOOs and tasks added to the IPC ACS and PTS via the tasking
table. In other words, the previously required minimum AOOs and Tasks
for an IPC remain unchanged. Additionally, the FAA amended the
regulatory text for Sec. 61.57(d) to direct a person to the
appropriate ACS to identify the requirements for an IPC. Within the
appropriate ACS is an IPC task table that identifies the minimum
required AOOs and tasks. This change incorporates language to specify
the minimum requirements of an IPC, but also allows for additional
tasks if the instructor deems it necessary to determine instrument
proficiency.
To illustrate, pursuant to Sec. 61.57(d) prior to this final rule,
the IPC requirements included at least: air traffic control clearances
and procedures, flight by reference to instruments, navigation systems,
instrument approach procedures, emergency operations, and postflight
procedures. In examining the IPC table in, for example, the Instrument
Rating--Airplane ACS, the AOOs/Tasks correspond in the following
manner:
Table 2--Example Comparison of IPC Tasks
------------------------------------------------------------------------
Area of operation set forth
by Sec. 61.57(d)(1) prior Corresponding AOO/task in the instrument
to this final rule rating--Airplane ACS IPC table
------------------------------------------------------------------------
Sec. 61.57(d)(1)(i): Air AOO III (Air Traffic Control Clearances
traffic control clearances and Procedures), Task B: Holding
and procedures. Procedures in Air Traffic Control
Clearances.
Sec. 61.57(d)(1)(ii): AOO IV (Flight by Reference to
Flight by reference to Instruments), Task B: Recovery from
instruments. Unusual Flight Attitudes in Flight by
Reference.
Sec. 61.57(d)(1)(iii): AOO V (Navigation Systems), Task A:
Navigation systems. Intercepting and Tracking Navigational
Systems and DME Arcs.
Sec. 61.57(d)(1)(iv): AOO VI (Instrument Approach Procedures),
Instrument approach All Tasks.
procedures.
Sec. 61.57(d)(1)(v): AOO VII (Emergency Operations), Task B:
Emergency operations. One Engine Inoperative (Simulated)
during Straight-and-Level Flight and
Turns; Task C: Instrument Approach and
landing with an Inoperative Engine
(Simulated); and Task D: Approach with
Loss of Primary Flight Instrument
Indicators.
Sec. 61.57(d)(1)(vi): AOO VIII (Postflight Procedures), All
Postflight procedures. Tasks.
------------------------------------------------------------------------
The commenter stated that the tasking table would transform the
task table from strong guidance about what the FAA considers a
representative set of tasks to affirmative regulations mandating the
use of the task table, thereby decreasing a flight instructor's
discretion in conducting the IPC. As illustrated in the table, the
tasking table does narrow some of the AOOs; however, the evaluator
retains discretion to select multiple knowledge and risk management
elements within those tasks. Additionally, where the FAA narrowed the
area of operation to a task, it does not change the parameters expected
of the check. An evaluator would cover such tasks under Sec.
61.57(d)(1) as written prior to this final rule and, therefore, the
table does not add any additional requirements to the proficiency
check.
Finally, to the extent that the commenter suggested the ACS and PTS
documents were not an appropriate means to establish the IPC
requirements, because an IPC is designed to ensure that a pilot has
maintained the instrument skills required for initial certification,
the FAA deems the ACS and PTS the appropriate mechanism to delineate
the necessary tasks for an IPC. The FAA notes that this rulemaking
extended an opportunity for the regulated community to provide comments
related to any and all of the ACS and PTS, which included substantive
comments on required tasks and content contained in the appendices.
Relatedly, the ARAC ACS WG commented that Sec. 61.57(d) does not
incorporate ACS-8, the Instrument Rating--Airplane ACS, by reference.
Based on the comment provided, the FAA could not determine the
rationale behind the ARAC ACS WG's perception. The language, as adopted
by this final rule, requires that an IPC must include the AOOs
contained in the applicable ACS, incorporated by reference by Sec.
61.14 as listed in new appendix A to part 61 appropriate to the rating
held. Appendix A to part 61 provides that the Instrument Rating--
Airplane ACS, as set forth in Sec. 61.14, applies to a person seeking
an Instrument Proficiency Check--Airplane.
Further, the ARAC ACS WG commented on the required tasks set forth
by the IPC table pertaining to AOO VI (Instrument Approach Procedures)
stating that the IPC table should only require one non-precision
approach and not require all tasks in the AOO, which effectively
requires evaluation of two different non-precision approaches via Task
A and the note regarding that task in appendix 3. As the FAA previously
stated, an IPC is designed to ensure that a pilot has maintained the
instrument skills required for initial certification. Additionally, it
is possible a pilot could be non-current for many years, prior to
fulfilling the IPC requirements. As a result, in the interest of
safety, the FAA did not change the requirement.
Additionally, the ARAC ACS WG sought confirmation regarding a
revision to Localizer Performance with Vertical guidance (LPV)
approaches. Specifically, the ARAC ACS WG noted that the testing
standard within the published Instrument Rating--Airplane ACS prior to
this final rule (FAA-S-ACS-8B) considers the LPV approaches to be non-
precision if the Decision Altitude (DA) is more than 300 feet and
precision if the DA is less than 300 feet. The ARAC ACS WG stated that
the Instrument Rating--Airplane ACS set forth with the NPRM to this
final rule (FAA-S-ACS-8C) does not address LPV as in the past and
sought confirmation as to whether this change was intentional. The FAA
notes that it made this change intentionally to align the Instrument
ACS with the criteria in Advisory Circular (AC) 90-107, Guidance for
Localizer Performance with Vertical Guidance and Localizer Performance
without Vertical Guidance
[[Page 22497]]
Approach Operations in the U.S. National Airspace System. Because a
precision approach includes any approach flown to a DA with approved
vertical guidance, the FAA removed the 300 feet height above touchdown
(HAT) in all category Instrument ACS and the Flight Instructor--
Instrument ACS, as criteria to determine whether an RNAV (RNP) or RNAV
(GPS) approach with LPV published minimums could count as a precision
approach during a practical test. Appendix 3: Aircraft, Equipment, and
Operational Requirements & Limitations for Precision Approach, states
that an applicant must accomplish a precision approach to the decision
altitude (DA) using aircraft navigational equipment for centerline and
vertical guidance and that precision approach is a standard instrument
approach procedure to a published decision altitude using provided
approved vertical guidance.
vii. Private Pilot PTS
One commenter suggested including elements in the Private Pilot PTS
on the subject area of knowledge and proficiency in conducting a post-
flight self-review. The commenter contended that post-flight self-
checks are important for continued improvement and should include
knowledge and proficiency in National Aeronautics and Space
Administration (NASA) Aviation Safety Reports, NTSB accident reports,
and how the FAA WINGS program can help applicants with improving and
maintaining knowledge, skills, and proficiency. The FAA encourages
pilots at all levels to continually evaluate their performance before,
during, and after any flight operation, but notes that making a post-
flight review part of the practical test could affect the post-flight
task in all ACS and PTS documents. The FAA also describes a post-flight
analysis in the Pilot's Handbook of Aeronautical Knowledge, FAA-H-8083-
25, which states, ``when you have safely secured the airplane, take the
time to review and analyze the flight as objectively as you can.
Mistakes and judgment errors are inevitable; the most important thing
is for you [pilot applicant] to recognize, analyze, and learn from them
before your next flight.'' This does not prevent a pilot from using
additional means of research and resources during their analysis.
However, the FAA does not test an applicant's ability to conduct a
post-flight self-evaluation at the conclusion of any practical test.
The FAA requires the evaluator to perform a post-flight briefing of the
applicant's performance.\60\ Therefore, adding a standard for an
applicant to conduct a post-flight self-assessment, review of aviation
safety reporting, or search of the NTSB database would be superfluous
to the responsibilities of an evaluator.
---------------------------------------------------------------------------
\60\ See FAA Order 8900.1, Volume 5, Chapter 2, Section 1,
Paragraph 5-222.
---------------------------------------------------------------------------
2. Specific ACS Comments
i. FAA-S-ACS-11A, ATP and Type Rating for Airplane ACS, November 2023
As part of FSI's broader notation that the ACS in general should
align as much as possible in structure, content, layout, and tasks, FSI
suggested a number of specific revisions to the ATP and Type Rating for
Airplane ACS (referred to as the ATP Airplane ACS for purposes of this
section) to encourage uniformity. First, FSI commented that the ATP
Airplane ACS does not contain a Removal of VFR Type Rating table while
the Powered-Lift ATP ACS does. The FAA notes that the Airplane ATP ACS
includes a type rating limited to VFR table for a type rating practical
test conducted in aircraft not capable of instrument flight. No table
exists for testing to remove this specific limitation as the specific
airplane type does not have IFR capability. On the contrary, powered-
lift that are capable of instrument maneuvers and procedures present a
situation that differs from other categories of aircraft because the
FAA has not previously required a type rating for each type of aircraft
that falls within a broad category of aircraft. Therefore, the Powered-
Lift ATP ACS includes a VFR only table for the purposes of initial
certification to coincide with the Powered-Lift NPRM (as previously
discussed) that proposes a Special Federal Aviation Regulation (SFAR)
for alternate eligibility requirements to safely certificate initial
groups of powered-lift pilots. As a result, the ACS documents cannot
succinctly align regarding the Removal of VFR Type Rating Table.
FSI also suggested adding flightdeck management to the Airplane ATP
ACS for uniformity of content. The FAA notes that the ATP Airplane ACS
currently encompasses the flightdeck management concept and includes it
throughout the ACS. Examples of flightdeck management are: AOO II, Task
C, K6, which requires applicants to demonstrate understanding of
appropriate flightdeck activities prior to taxi and AOO I Task E, Air
Carrier Operations, which requires applicants to exhibit the skill to
apply crew resource management (CRM) principles in a crew environment.
As a result, the FAA is not amending the Airplane ATP ACS, as the
flightdeck management concept is already present.
One commenter asked for clarification in appendix 3 of the ATP
Airplane ACS, specifically pertaining to AOO V., Stall Prevention.
Within Tasks A, B, and C, the appendix states that when accomplished in
a flight simulation training device (FSTD), stall entries should be
consistent with the expected operational environment for a stall in
cruise flight with no minimum entry altitude defined. The commenter
inquired whether ``expected operational environment'' means something
similar to a scenario-based event or actually performing the stall
event at the location and operation of flight where the stall would
occur (e.g., from the landing configuration stall at the minimum
descent altitude for a non-precision approach in IMC conditions). The
FAA notes that air agencies and air carriers using FSTDs train stall
recovery procedures using realistic scenarios that have no need to meet
the altitude recovery limits that apply to practical tests conducted in
an actual airplane. Therefore, the note in the appendix simply allows
for scenario-based testing of the stall prevention task using an FSTD
that mimics real world experiences in an operational environment (e.g.,
weather, airspace, hazards, etc.) to meet the flight testing objectives
without an altitude limitation. In other words, the evaluator should
design the scenario such that the stall prevention occurs at a point
that provides realistic testing.
The same commenter noted the ATP Airplane ACS appendix 3 contains
information pertaining to a part 25 or Sec. 23.3(d) commuter
multiengine airplane. The commenter noted that 14 CFR 23.3 is an
obsolete regulation. The FAA agrees; however, air carriers and
operators still use aircraft certificated under the obsolete regulation
and the statement applies to those aircraft. The FAA modified the
sentence to clarify that these airplanes were certificated as commuter
multiengine airplanes under 14 CFR part 23, historical Sec.
23.3(d).\61\
---------------------------------------------------------------------------
\61\ 14 CFR 23.3(d) provided that the commuter category is
limited to multiengine airplanes that have a seating configuration,
excluding pilot seats, of 19 or less, and a maximum certificated
takeoff weight of 19,000 pounds or less. The commuter category
operation is limited to any maneuver incident to normal flying,
stalls (except whip stalls), and steep turns, in which the angle of
bank is not more than 60 degrees. In 2016, part 23 was reorganized
pursuant to the Small Airplane Revitalization Act of 2013 (Pub. L.
113-53, 49 U.S.C. 44704 note), resulting in the relocation and
revision of Sec. 23.3(d). See Revision of Airworthiness Standards
for Normal, Utility, Acrobatic, and Commuter Category Aircraft final
rule, 81 FR 96572 (Dec. 30, 2016).
---------------------------------------------------------------------------
[[Page 22498]]
A commenter suggested using ``must'' instead of ``shall'' in
appendix 1 of the ATP Airplane ACS (which would result in a change to
all ACS as boilerplate language). The FAA acknowledges that FAA Order
1000.36 (FAA Writing Standards) advises against the use of ``shall''
and recommends the use of ``must'' to impose requirements. The FAA
retained the use of ``shall'' in this single instance and notes that it
has the meaning set forth in 14 CFR 1.3.\62\ Consistent with that
meaning, its use constitutes a requirement for examiners.
---------------------------------------------------------------------------
\62\ Under FAA's rules of construction in 14 CFR 1.3, the term
``shall'' is used in the imperative sense meaning it is a directive
or command.
---------------------------------------------------------------------------
ii. FAA-S-ACS-17, ATP and Type Rating for Powered-Lift ACS, November
2023
As previously noted, FSI suggested that the content of the ATP ACS
for airplane, helicopter, and powered-lift should align as much as
possible and, specifically, include second-in-command (SIC) in appendix
1 of the ATP and Type Rating for Powered-Lift ACS (referred to as the
ATP Powered-Lift ACS for purposes of this section). While the FAA is in
favor of uniformity where appropriate, in this case, the ACS are
intentionally designed to be different. The Airline Transport Pilot and
Type Rating for Airplane Category ACS specifically addresses a
``Second-In-Command Required'' Limitation that is specific to aircraft
that allow for a pilot flight crew compliment of single or dual crew as
required by Sec. 61.43(b). This table is not applicable to powered-
lift aircraft at this time and therefore not listed in appendix 1 of
the ATP and Type Rating for Powered-Lift ACS.
FSI suggested the inclusion of an Air Carrier Operations Task in
the ATP Powered-Lift ACS, specifically in AOO I (Preflight
Preparation), stating that operators plan to use powered-lift in part
135 operations and most of the knowledge tasks apply to obtaining an
ATP certificate in powered-lift. While the FAA understands FSI's
reasoning for seeking addition of this task to the powered-lift ACS,
the FAA first notes that the air carrier operations task was derived
from Public Law 111-216, section 217, to apply to airplane multi-engine
operations, specifically. Because the task is narrowly tailored to a
different aircraft, the FAA requires additional operating information
pertaining to powered-lift before analyzing the applicability of the
task into the ATP Powered-Lift ACS. Additionally, powered-lift
operations are not yet envisioned for part 121 air carriers. To
mitigate the safety risk in part 135 operation, the FAA relies jointly
on (1) practical testing with the use of the ACS and incorporation of
part 135 regulations (e.g., AOO I, Task E; AOO II, Task A) and (2) the
approved part 135 training and checking programs, contemplated by the
powered-lift NPRM and forthcoming final rule (as previously discussed).
As industry expands into part 121 operations and the FAA garners the
requisite information on powered-lift air carrier operations, the FAA
may consider adding an Air Carrier Operations Task to the ATP Powered-
Lift ACS similar to that in the ATP Airplane ACS.
The ARAC ACS WG commented that the Steep Approach Task and other
Tasks specific to landing set forth in the ATP Powered-Lift ACS exist
in the Private and Commercial Powered-Lift ACS, and the FAA should not
test the same Tasks at the ATP and Type Rating level because it creates
redundant testing. The FAA notes that there are some tasks throughout
certificate levels that require duplicate testing. Due to the array of
differing characteristics and capabilities of aircraft being pursued by
industry, as well as pending airman certification pathways, the FAA
continues to require these crucial approach and landing maneuvers in
each respective certificate level at this time.
FSI made several discrete points suggesting the FAA reorganize the
ATP Powered-Lift ACS to align with the ATP Airplane ACS or for
preferred categorization under an AOO.\63\ Some of these suggestions
included removing AOO VI (Landings and Approaches to Landings),
consolidating landing and hover tasks within AOO III (Takeoffs and
Landings), and retitling requisite AOOs to mirror those ATP Airplane
AOOs. The FAA notes this would require a substantial overhaul to
include removing, consolidating, and reorganizing both AOOs, tasks, and
elements. Changes of this nature would also require further revisions
to regulatory text within Sec. 61.157 to align the AOOs. The unique
characteristics of airplanes, rotorcraft, and powered-lift, which
differ as independent categories of aircraft, require varied AOOs and
tasks for airman certification purposes. While the FAA recognizes a
desire to have the ACS as uniform as possible across categories and
classes of aircraft, the FAA does not find it feasible from an
efficiency or safety perspective to overhaul the Powered-Lift ACS as
proposed.
---------------------------------------------------------------------------
\63\ The FAA notes that FSI also made several suggestions to the
commercial ACS with this same rationale. This section generally
responds to the breadth of uniformity concerns.
---------------------------------------------------------------------------
Joby remarked that some elements are inconsistent between the ATP
Powered-Lift ACS and other ACS documents. Joby questioned why the
battery used for propulsion element was only in the ATP Powered-Lift
ACS. The FAA notes that the knowledge element ``Battery(s) used for
propulsion-charging, discharging, and condition, as applicable'' is
appropriate for testing at most levels of airman certification for
powered-lift and, therefore, added it to the final Private, Commercial,
and Flight Instructor ACS.\64\ Adding this element provides the level
of detail needed to adequately evaluate an applicant's knowledge of
this unique topic as this relates to the necessity of electrical energy
storage or devices that generate energy for propulsion specific to some
powered-lift aircraft and otherwise would not be adequately examined
prior to reaching the ATP certificate level. The FAA did not add this
element to the Instrument or the Flight Instructor--Instrument ACS as
those documents focus on aircraft systems related to instrument flight,
as do the other Instrument ACS. In the building block approach to pilot
certification, these items would be covered in prior testing (e.g., at
the private and/or commercial level).
---------------------------------------------------------------------------
\64\ This element is in AOO I, Task G. Operation of Systems in
the Private and Commercial Powered-Lift ACS and under AOO II, Task
E. Flight Controls and Systems in the Flight Instructor ACS.
---------------------------------------------------------------------------
Additionally, Joby also questioned why distractions, task
prioritization, loss of situational awareness, and disorientation were
excluded from several tasks. The FAA did not add the risk management
element pertaining to the identification, assessment, and mitigation of
distractions, task prioritization, loss of situational awareness, or
disorientation to each risk management section of the ATP Powered-Lift
ACS. The FAA intentionally assigned that element where appropriate
throughout the ATP Powered-Lift ACS. The FAA does not use identical and
redundant language in each risk management section in an effort to
better highlight applicable elements related to distraction in context.
This is done to tailor the possible risks to the task rather than
facilitate redundancy. For example, some risk management elements
include ``passenger distractions'' or ``division of attention.''
Furthermore, Joby also questioned whether ``coordinate with crew,
as
[[Page 22499]]
applicable,'' and ``use SRM or CRM, as appropriate'' were synonymous,
as Joby noted inconsistency when one element appeared in some skills
but both elements appeared in other skills. The FAA notes the skill
element referred to in these tasks specify ``coordinate with crew, if
applicable, and complete the appropriate checklist(s) in a timely
manner'' and ``[u]se single-pilot resource management (SRM) or crew
resource management (CRM), as appropriate.'' The FAA does not find
these two skill elements are intended to be synonymous. The first skill
element described is specific to the responsibility of checklist usage,
while the following skill is specific to SRM or CRM principles, which
includes the effective use of all available resources.
Finally, Joby suggested that AOO I, Preflight Preparation, Task E,
The Code of Federal Regulations, should apply to all applicants for
type ratings, not only be tested during ATP certificate tests. The FAA
did not make this change, as the type rating test focuses more on the
unique aspects of the specific aircraft type to ensure a person is
qualified to act as PIC of that type of aircraft. Additionally, the FAA
seeks to reduce redundancy of testing over basic elements. This matches
the expectations set forth in the ATP and Type Rating Airplane ACS.
iii. FAA-S-ACS-2, Commercial Pilot for Rotorcraft Category Helicopter
Rating ACS, November 2023
Members of the ARAC Helicopter ACS WG and U.S. Helicopter Safety
Team collectively submitted comprehensive comments to the Commercial
Pilot for Rotorcraft Category Helicopter Rating ACS, some of which were
echoed by GAMA.\65\ The group summarized their efforts to draft the
helicopter ACS to include advancements in aircraft equipment and
avionics and expressed concern that the drafts submitted to the FAA did
not resemble the drafts that accompanied the NPRM. The FAA duly
considered the group's comments and underscores its appreciation to the
ARAC ACS WG for their work to continually improve and update the ACS in
collaboration with the FAA. As explained in this section, the FAA did
not implement some of the suggested changes. However, the table
contained in section IV.D. of this preamble illustrates those changes
that the FAA felt appropriate to make at this time.
---------------------------------------------------------------------------
\65\ The group, which includes the ARAC Helicopter ACS WG, U.S.
Helicopter Safety Team, and GAMA, noted that their comments
highlight only the Commercial Pilot Rotorcraft Category, Helicopter
Class ACS, but that many of their comments could apply to the
Private Pilot Rotorcraft Category, Helicopter Class ACS as well.
Because the comments specifically addressed the Commercial ACS, the
FAA responded to the comments in the commercial context.
---------------------------------------------------------------------------
One prominent comment by the group detailed the four additional
maneuvers developed by the ARAC ACS WG for their draft commercial
helicopter test to ensure the commercial test is more in-depth than the
private test: (1) advanced autorotations, (2) flight solely by
reference to instruments, (3) recovery from unusual attitudes, and (4)
hover out-of-ground effect. The group acknowledged the FAA's addition
of unusual attitude recoveries (AOO VII, Task L) as proposed in the
FAA's draft ACS. The FAA notes that the Commercial Helicopter ACS
adopted in this final rule includes the group's suggested task of
flight solely by reference to instruments, as subsequently discussed.
This section also contains discussion on the FAA's decision at this
time to exclude the two remaining tasks.
Foreword and Appendices. First, the group noted that the foreword
in the ACS gives little explanation about the ACS, which it considers
significant because the majority of the helicopter community will be
transitioning from the PTS testing format to the ACS. Additionally, the
group noted that certain appendices have been eliminated, namely the
References (formerly appendix 9) and Abbreviations and Acronyms
(formerly appendix 10). The FAA did not eliminate this information but
simply relocated it. Interested parties can find more information about
the use of the ACS within the ACS Companion Guide for Pilots, as well
as numerous resources provided by the FAA on the FAA's Airman
Certification website.\66\ Additionally, the Abbreviations and Acronyms
appendix was relocated to section 6 of the ACS Companion Guide for
Pilots, and conforming revisions were made within the ACS to ensure
consistency in abbreviation and acronym usage. Further, rather than a
single page of references for each ACS, the entire set of references
moved to section 5 of the ACS Companion Guide for Pilots.
---------------------------------------------------------------------------
\66\ Airman Certification Standards [verbar] Federal Aviation
Administration (<a href="http://faa.gov">faa.gov</a>).
---------------------------------------------------------------------------
Area of Operation II (Preflight Procedures). The group stated that
the skill element within Task D (Before Takeoff Check) requiring an
applicant to maintain powerplant and main rotor speed (Nr) within
normal limits is nonsensical because the aircraft is not flying during
this Task. The FAA notes the Task requires the applicant to first
perform the ``Complete the appropriate checklist(s)'' skill element,
which includes setting and maintaining the power and main rotor speed
within normal limits per the manufacturer's POH or RFM, prior to the
helicopter becoming airborne. Therefore, this skill element is feasible
for pre-takeoff activity, and the FAA kept the skill element.
Helicopters may maintain power and rotor speed in different ways while
on the ground and prior to takeoff. In some aircraft, the pilot manages
the powerplant and main rotor speed operational limits through throttle
manipulation. Some manufacturers will require the pilot to increase
throttle to the normal operational range and manually maintain those
parameters. Some helicopter manufacturers' ``before takeoff
checklists'' include the pilot setting the throttle to the normal
operating position and then the aircraft maintains the normal operating
limitations while the pilot monitors those parameters in the event
conditions require intervention. As part of the before takeoff
sequence, pilot responsibility includes maintaining the powerplant and
main rotor speeds within the normal operating limits regardless of the
design features of the helicopter. Further, the inadequate management
of powerplant and main rotor normal operating limits prior to takeoff
could result in aircraft damage (i.e., powerplant and main rotor
overspeed).
Area of Operation IV (Hovering Maneuvers). The group suggested that
various hovering maneuvers should exclude the requirement for an
applicant to complete the appropriate checklist because there are
hovering maneuvers where checklists do not exist. The group stated
that, in turn, this makes the skill superfluous and broad. The FAA
retained the skill element of completing the appropriate checklist in
the adopted ACS since a practical test determines an applicant
possesses the skill to perform all Tasks without missing critical
steps. The FAA recognizes that, in certain situations, the helicopter
pilot may not have time to review the checklist immediately due to the
complexity of the helicopter or the maneuver, or a checklist may not
correspond to a particular maneuver in real operations. For this
reason, the ACS uses the modifier ``appropriate'' within the skill
element.
Area of Operation V (Takeoffs, Landings, and Go-Arounds). The group
noted that the FAA used the title ``Maximum Performance Takeoff and
Climb'' rather than ``Advanced Takeoff Profile and Climb,'' as set
forth in the group's draft. The group stated that
[[Page 22500]]
maximum power is not required and the Helicopter Flying Handbook allows
for different climb profiles, which seems better embodied by the title
set forth by the group. The FAA notes that the skill elements within
this Task do not require the applicant to use maximum power, but the
takeoff power necessary, or power as specified by the evaluator to
maximize the takeoff performance and safely complete the Task. Pilots
must take operational considerations into account to minimize the risk
of exposure in the H/V diagram when clearing obstacles. The FAA did not
implement the change to the term ``advanced'' as this may minimize the
risk that applies to similar Tasks and the FAA kept the Task title as
published in the NPRM.
Area of Operation VI (Performance Maneuvers). First, the group
noted that a study conducted by the U.S. Helicopter Safety Team
reported that 30% of helicopter training accidents occur in practice
autorotations. Therefore, the group emphasized that the FAA should
adequately update and address corresponding autorotation training in
the Helicopter ACS, whether in the tasks themselves or in the
appendices. The group stated that elements within the Straight-In
Autorotation in a Single Engine Helicopter require refinement for
safety purposes. Specifically, the group noted that the Helicopter
Flight Manual defines a straight-in autorotation as not having any
turns; however, the elements under this task imply turns are necessary
to avoid undershooting or overshooting. The group urged the FAA to
correct this inconsistency by revising the title of the Task to ``Basic
Autorotation'' and eliminating certain turning and accuracy skills.
The FAA agrees that AOO VI, Performance Maneuvers, Task B,.
Straight-In Autorotations in a Single-Engine Helicopter, describes an
autorotation made from altitude with no turns. The Helicopter Flying
Handbook includes several factors that affect the rate of descent in
autorotations, including bank angle, density altitude, gross weight,
rotor RPM, trim condition, and airspeed. It further details the primary
ways to control the rate of descent including airspeed and rotor
RPM.\67\ The term ``maneuver'' may refer to banking or turning and
would also include pitch attitude adjustments for airspeed changes to
avoid undershooting or overshooting. The FAA agrees that straight-in
autorotation entry location and altitude should set task tolerances so
the applicant can arrive at the chosen termination point without
requiring turning techniques. For clarity, the FAA changed the skill
element to remove the word ``maneuver,'' and replaced it with the
language proposed in the ARAC ACS WG's Commercial Helicopter draft that
stated, ``Compensate for wind speed and direction as necessary to avoid
undershooting or overshooting the selected landing area.'' The FAA
applied this change to the Private Pilot and Flight Instructor
Helicopter ACS for consistency. Further, the FAA maintains the term
Straight-in Autorotation describes the autorotation set forth by the
elements within the Task most accurately and did not adopt the change
to the task name as suggested.
---------------------------------------------------------------------------
\67\ FAA-H-8083-21B, Helicopter Flying Handbook (2019), Chapter
11: Helicopter Emergences and Hazards (p. 11-2).
---------------------------------------------------------------------------
Next, the ARAC ACS WG stated that the Autorotation with Turn Task
should test an applicant's ability to make an autorotation with a 90-
to-180-degree turn. The group asserted that, while the Helicopter
Flying Handbook and ACS as proposed with the NPRM uses the term
``Autorotation with Turn,'' the Handbook defines the most common turns
in an autorotation as 90 degrees and 180 degrees. The group notes that
ACS proposed in the NPRM requires a turn of 180[deg], not 170[deg] or
160[deg], which would be within the parameters of the Handbook's
definition of most common autorotation. The group stated that a larger
margin is necessary where the Handbook provides a broader range of
common autorotations, especially to account for crosswind or ATC
corrections and considerations.
The FAA disagrees and notes the applicant may demonstrate an
autorotation with turns with either two 90-degree turns in the same
direction or one continuous turn of 180 degrees. The Helicopter Flying
Handbook generally states the most common types of autorotations as 90-
degrees and 180-degrees in the context of two turning options but
describes the technique with a 180-degree turn.\68\ The FAA expects the
applicant to demonstrate the ability to turn the helicopter and
complete the maneuver on a reciprocal track from the entry direction.
This allows for wind corrections or other considerations to align the
helicopter with the intended track to the landing area. To provide
clarity, the FAA removed the note from the Autorotation with Turns Task
and revised the corresponding language in appendix 3 of the ACS (as
well as in the Private Pilot and Flight Instructor Helicopter ACS,
where this issue would also apply). The ACS appendix 3 language
explains that the 180-degree turn refers to a change in direction with
respect to ground track, and not an exact reciprocal heading, which
should account for the group's concerns regarding variations in the
exact amount of turning on this task.
---------------------------------------------------------------------------
\68\ FAA-H-8083-21B, Helicopter Flying Handbook (2019), Chapter
11: Helicopter Emergences and Hazards (p. 11-6).
---------------------------------------------------------------------------
Next, the group expressed concern that certain tasks pertaining to
autorotations are only tested for those persons who bring a single-
engine helicopter to the practical test. The group commented that, if
an applicant brings a multiengine helicopter to the practical test,
they should have trained and tested autorotations in a multiengine
helicopter. The group compared the requisite civilian training with
that of the United States Army, explaining that military primary
training requires power recovery autorotations in the twin engine UH-
72.
The FAA notes that autorotations in multiengine helicopters present
unnecessary risk. Civilian pilots do not perform autorotations in
multiengine helicopters during practical tests due to the powerplant
redundancy and the remote likelihood of a dual engine failure in
civilian operations. The FAA applies similar logic in multiengine
airplane practical testing, where an applicant is not required to
simulate failure of all engines. While the FAA does not differentiate
between single and multiengine helicopter class, because the
autorotation tasks are an integral piece of the practical test and will
not be performed in a multiengine helicopter, an applicant who does
bring a multiengine helicopter for a practical test would be required
to provide a single-engine helicopter to demonstrate the autorotation
Tasks, as detailed in appendix 3 of the Helicopter ACS.
The ARAC ACS WG commented that the FAA did not add the group's
suggested Advanced Autorotation Task to the Commercial Pilot Helicopter
ACS. The ARAC ACS WG noted that they referenced Special Federal
Aviation Regulation (SFAR) No. 73,\69\ enhanced training in
autorotation procedures flight training requirement to create their
proposed enhanced autorotations Task. The group explained that the
Task, titled Advanced Autorotation, would incorporate the ability to
use a variety of techniques to maneuver the helicopter in an
autorotation to a specific landing area. The FAA notes
[[Page 22501]]
SFAR No. 73 requires specific pilot training, in addition to the
requirements of part 61, to respond to the high number of accidents
involving Robinson model R-22 and R-44 helicopters. However, the FAA
does not purport to write testing standards for airman certificates and
ratings for a specific make and model of aircraft. Furthermore,
elements from the advanced autorotation concept are inherently
incorporated into AOO VIII., Emergency Operations, Task B. Powerplant
Failure at Altitude in a Single-Engine Helicopter. This task includes
skill elements such as maneuvering to avoid undershooting or
overshooting the selected landing area, which encompasses autorotation
airspeed and rotor RPM combinations as dictated in the RFM for the
aircraft used and can include varying bank angle. Therefore, the FAA
did not add the Advanced Autorotation task at this time.
---------------------------------------------------------------------------
\69\ SFAR No. 73 was adopted in 1995 (60 FR 11254) to establish
special training and experience requirements for pilots operating
the Robinson model R-22 and R-44 helicopters in response to the
number of accidents involving these models.
---------------------------------------------------------------------------
Area of Operation VIII (Emergency Operations). As previously
mentioned, the group proposed to include additional Tasks in the draft
ACS submitted to the FAA. Specifically, the group stressed that
inadvertent IMC accidents are a major cause of helicopter fatalities
and developed two corresponding Tasks to include in the Commercial
level ACS: (1) Flight Solely by Reference to Instruments and (2)
Recovery from Unusual Flight Attitudes. The Commercial ACS accompanying
the NPRM only included the Recovery from Unusual Flight Attitudes Task,
which the group noted was nonsensical to include, given the exclusion
of the Flight Solely by Reference to Instruments Task. The group
described a safety concern where an evaluator may ask the applicant to
perform an unusual attitude recovery without knowing if the applicant
could even fly straight and level under the hood.
Upon review, the FAA agrees with the group regarding the
relationship between the Flight Solely by Reference to Instruments Task
and the Recovery from Unusual Flight Attitudes Task and added the
Flight Solely by Reference to Instruments Task to the Commercial
Helicopter ACS (as well as the Flight Instructor Helicopter ACS). The
FAA concurs that this Task allows evaluators an opportunity to assess
an applicant's ability to control the helicopter by reference to
instruments before the demonstration of the recovery from unusual
flight attitudes Task. The Task provides a safety benefit for those
applicants demonstrating the recovery and results in a de minimis
addition to the practical test such that it would not substantially
expand the envelope of the training and testing.
Miscellaneous. Finally, the group commented that the FAA should
have included a Hovering Out of Ground Effect (OGE) Task, developed by
the group, for the Commercial Helicopter ACS. The group supported this
contention by explaining that commercial pilots generally need to hover
OGE in commercial operations, are not taught or tested how to do it,
and end up teaching themselves the requisite skills. The group also
stated that the importance of performance planning, potential risks,
and specific techniques for this maneuver are lost. The group stated
that this maneuver occurs in commercial operations, which would
indicate that an operator or air carrier could include it in an
approved training program, where training tailored for a specific
operation may occur. The FAA notes that AOO I, Preflight Preparation,
Task F, Performance and Limitations, covers the type of performance
planning that would apply to OGE hover. As a result, the FAA would rely
on this task, as well as the part 121 and/or 135 approved training
programs, to cover this, and did not include this task in the
Commercial Helicopter ACS.
iv. FAA-S-8081-18A, Commercial Pilot PTS for Lighter-Than-Air Category,
November 2023
One commenter recommended two revisions to the Commercial Pilot PTS
for LTA Balloon. Specifically, within AOO VIII, Performance Maneuvers,
the commenter questioned why Task F, High Altitude Flight (LBG),\70\
only applies to gas balloons (as indicated by the parenthetical LBG
within the ACS) since balloons with airborne heaters (``hot air
balloons'') can also achieve high altitudes. The commenter further
supported the expansion of Task G, Obstacle Avoidance (LBH), and Task
H, Tethering (LBH), from balloons with airborne heaters to gas balloons
since those types of balloons also avoid obstacles and tether.
---------------------------------------------------------------------------
\70\ LBG stands for Lighter-Than-Air, Balloon (Gas); LBH stands
for Lighter-Than-Air, Balloon (with Airborne Heater).
---------------------------------------------------------------------------
The FAA notes that balloon pilot certificates are issued with a
limitation for either airborne heater or gas.\71\ Traditionally, gas
balloons operate at altitudes above most obstacles, while balloons with
airborne heaters typically operate closer to terrain. Gas balloons
tether as a part of the inflation process, which is captured in AOO V,
Task E Inflation, unlike balloons with airborne heaters, where they
tether for the purpose of multiple ascents and descents. Therefore, due
to the low occurrence of obstacle avoidance and tethering functions in
gas balloons, the FAA sees no reason to expand these testing areas to
gas balloons. Likewise, while the FAA tests the high-altitude task for
gas balloons only, the FAA notes that pilots may fly balloons with
airborne heaters at high altitudes. The elements of high-altitude
flight for balloons with airborne heat is captured in the AOO III in
Preflight Preparation, and AOO VIII, Task J Mountain Flying. The FAA
finds, given the predominant operational footprints for gas balloons
and balloons with airborne heaters, expanding these testing areas to
all balloon applicants is not necessary to determine the proficiency to
act as PIC.
---------------------------------------------------------------------------
\71\ See 14 CFR 61.115 and 61.133(b). For both the private and
commercial certificate level, the limitation may be removed when the
person obtains the required aeronautical experience in the balloon
comprising the limitation and receives a logbook endorsement from an
authorized instructor attesting to the accomplishment of such
experience and ability to satisfactorily operate that sort of
balloon.
---------------------------------------------------------------------------
v. FAA-S-ACS-25, Flight Instructor for Airplane Category ACS, November
2023
One commenter stated that weather knowledge and understanding is
poor among many pilots, including flight instructors, and it is vital
for safety for pilots to adequately understand this subject area. The
commenter specifically noted that the Flight Instructor Airplane ACS
requires the evaluator to select only three sub-elements from K2 or
three sub-elements from K3 within AOO III, Preflight Preparation, Task
C, Weather Information.\72\ The commenter recommended an increase of
elements for K2 to include all sub-elements and for K3 to include at
least 5 sub-elements. The FAA notes it did not change the requirements
within this Task because the sub-elements simply set a minimum standard
that the evaluator must select ``at least'' three sub-elements.
Evaluators should ask more than the minimum weather elements if needed
to determine that the applicant possesses the required knowledge
pertaining to weather information within the AOO. This minimum
requirement does not restrict the evaluator from selecting additional
elements but rather provides flexibility when an applicant demonstrates
satisfactory knowledge of that Task. Additionally, evaluators may
question applicants on weather information
[[Page 22502]]
during various Tasks throughout the ACS (e.g., National Airspace System
within Technical Subject Areas, Preflight Assessment within Preflight
Procedures) to ensure that an applicant possesses the requisite
knowledge and skill pertaining to weather information outside of those
sub-elements within the singular Task C.
---------------------------------------------------------------------------
\72\ For reference, AI.III.C.K2 is acceptable weather products
and resources required for preflight planning, current and forecast
weather for departure, en route, and arrival phases of flight;
AI.III.C.K3 is meteorology applicable to the departure, en route,
alternate, and destination under VFR in VMC, including expected
climate and hazardous conditions.
---------------------------------------------------------------------------
One commenter suggested removing many of the risk management
elements in the Fundamentals of Instructing (FOI) AOO of the Flight
Instructor Airplane ACS (AOO I), stating that Task F, Elements of
Effective Teaching that Include Risk Management and Accident
Prevention, sufficiently covers all risk management for this AOO.\73\
Additionally, the commenter suggested revising the skill elements in
the FOI AOO to set forth a single skill element for each of the six FOI
Tasks. The FAA notes the risk management elements outside of Task F,
which include tasks associated with human behavior and communication,
the learning process, course development, and student assessment,
remain unchanged from the proposed ACS. These risk management areas
associated with the other Tasks are necessary to evaluate the overall
effectiveness of an instructor. Additionally, the FAA did not combine
any skill elements within the FOI AOO in the adopted final draft of the
ACS due to the itemization of testing codes, which the FAA discusses
further in section IV.C. of this preamble.
---------------------------------------------------------------------------
\73\ The risk management element in Task F requires the
applicant to identify, assess, and mitigate risk associated with
hazards associated with providing instruction, obstacles to
maintaining situational awareness during flight instruction, and
recognizing and managing hazards arising from human behavior,
including hazardous attitudes.
---------------------------------------------------------------------------
The ARAC ACS WG commented that all tasks and elements should be
focused on teaching and application of FOI. Specifically, the group
stated that some of the tasks have skill elements that state ``deliver
instruction,'' others say ``teach,'' others have neither, and the FAA
should revise for consistency throughout. The groups suggested revising
the stem of the skill elements to state that the applicant demonstrates
the ability to either (1) deliver instruction ``by teaching how to:''
or (2) ``apply learning theories, communication techniques, teaching
methods, and learning assessment while:'' and then list the skill
elements and revise as needed to complete the statement. The FAA notes
that a Flight Instructor ACS generally uses skill lead-ins that include
demonstration and explanation as opposed to performance alone. However,
in certain cases, if skill elements specifically mention teaching or
demonstration, the FAA chose a shorter lead-in to avoid redundancy. For
example, one skill element AOO X, Task G, Elevator Trim Stall
Demonstration uses the lead-in, ``The applicant exhibits the skill to:
describe and demonstrate conditions that lead to an elevator trim stall
for future avoidance.'' If using the common instructor skill lead-in,
the skill would read, ``The applicant demonstrates and simultaneously
explains how to: describe and demonstrate conditions that lead to an
elevator trim stall for future avoidance.'' As indicated above, the FAA
believes that this suggestion is already incorporated in the ACS
document and no further modifications are needed.
The ARAC ACS WG suggested limiting demonstration of flight
characteristics at various configurations and airspeeds (AOO X, Task B)
to ASEL and ASES aircraft only because the task elements were not
created to mimic the demonstration of effects of various airspeeds and
configurations during one-engine inoperative performance (AOO XII, Task
C), which is only applicable to AMEL and AMES. The FAA agrees with the
ARAC ACS WG's rationale, and the ACS adopted with this final rule
reflects AOO X, Task B, as applicable to ASEL and ASES only.\74\
Specifically, the FAA adjusted a global note, which sets forth the
Tasks required to be tested in AOO X, to remove Task B as a requirement
for multiengine applicants. As an outgrowth of this adjustment, the FAA
added skill sub-elements to the corresponding multiengine skill element
referenced by the ARAC ACS WG (i.e., Task C of AOO XIII) to communicate
the expectations for demonstrating smooth control inputs when
transitioning between various airspeeds and configurations.\75\
---------------------------------------------------------------------------
\74\ AMEL stands for Airplane Multiengine Land; AMES stands for
Airplane Multiengine Sea; ASEL stands for Airplane Single-Engine
Land; ASES stands for Airplane Single-Engine Sea.
\75\ These sub-elements include demonstrating the skill with
landing gear extended, wing flaps extended, landing gear and wing
flaps extended, and windmilling propeller on the inoperative engine.
---------------------------------------------------------------------------
The ARAC ACS WG requested revisions to Sec. 61.187 (specifically,
Sec. 61.187(b)(1) and (2)) to exactly align this regulation with the
AOOs in the ACS. The FAA did not revise Sec. 61.187(b) in this final
rule. For efficiency, the ACS combined the performance maneuver and
ground reference AOOs in Sec. 61.187 and the multiengine operations
appears in the ACS generally (with a designator that the Tasks within
the AOO apply only to multiengine practical tests), rather than
separate ACS per class of airplane. Because the ACS applies to both
single-engine (Sec. 61.187(b)(1)) and multiengine (Sec.
61.187(b)(2)), the ACS account for both sets of AOOs in cohesion with
the regulations.
The ARAC ACS WG commented that the use of the asterisk in the added
rating tables was not clear, and the FAA should use ``ALL'' in its
place. The FAA disagrees, as use of the word ``ALL'' implies that the
applicant would complete all the Tasks in the area of operation in the
Instructor--Airplane ACS, which would exceed the Tasks required for the
initial rating. The asterisk requires the evaluator to apply at least
the required number of Tasks as listed in the Flight Instructor
Airplane ACS for an added rating as those required for an initial
instructor--airplane rating.\76\
---------------------------------------------------------------------------
\76\ The asterisk designation is important in the added ratings
tables for ACS documents that do not require all tasks to be
completed. Each AOO and/or task has a note identifying the
requirements. The asterisk directs the evaluator to review the note
and test accordingly. If ``ALL'' was listed on the added ratings
table, then all tasks within the AOOs would be required. As a
result, the practical test for an added rating would be more
restrictive and burdensome than the initial practical test for that
certificate or rating.
---------------------------------------------------------------------------
The ARAC ACS WG stated that the Note on AOO II, Technical Subject
Areas, Task A, Human Factors, should require the evaluator to assess
half the sub-elements and that testing on all sub-elements is
excessive. Appendix 1 of each ACS indicates that, if a knowledge
element includes sub-elements, the evaluator may choose the primary
element and select at least one sub-element to satisfy the requirement,
unless otherwise noted in a specific Task. Because the Human Factors
Task did not note that additional sub-elements are required, only the
primary element and at least one sub-element should be selected by the
evaluator. Therefore, the task remains unchanged.
One commenter submitted many comments on the format and layout of
the flight instructor ACS. The commenter suggested that all tasks in
the Flight Instructor Airplane ACS equivalent to those in the Private
and Commercial Pilot Airplane ACS should have identical elements. In
other words, the commenter stated the only difference should be the
requirement for instructional knowledge in the objective to streamline
the organization of the ACS. Additionally, the commenter suggested that
the FAA first remove all risk management elements in AOO I,
Fundamentals of Instructing, and second include a single skill element
requiring the evaluator to evaluate all knowledge elements. The ACS
uses a
[[Page 22503]]
common FOI intended to confirm an applicant's ability to provide
instruction in general terms that applies to all instruction, similar
to the equivalence between the Fundamentals of Instructing Tasks in the
respective Instructor PTS. The purpose of the Flight Instructor ACS is
to determine if an applicant is able to teach the material in a manner
conducive to an applicant's learning and, therefore, requires basic and
similar knowledge, risk management, and skill element validation.
Finally, one commenter posed questions regarding the use and
evaluation of certain elements in the Flight Instructor Airplane ACS.
The commenter's questions generally concerned how the FAA evaluates
risk and skill elements that are part of the FOI and what AOOs and
Tasks evaluators test on the ground versus in flight (and whether
tangential tasks could be combined). The FAA notes that the commenter's
questions reference how an evaluator designs a practical test, creates
a plan of action, and administers the test. First, in general, while
knowledge of FOI theory applies during the ground portion of the
practical test, risk and skill elements associated with the FOI may
also apply during the flight portion of a practical test for an
instructor rating. Next, while evaluators focus on AOOs I through V
during the ground portion of the practical test (i.e., the FOI,
technical subject areas, a preflight lesson on a maneuver to be
performed in flight, preflight planning, and elements of preflight
preparation), evaluators may ask questions or observe applicant
behaviors that relate to these same subjects during the flight portion
of the practical test. Evaluations conducted during the flight portion
of the practical test consider whether an applicant meets instructional
criteria, provides appropriate technical information, and performs risk
management. Prospective applicants should read the ACS Companion Guide
for Pilots, ACS Introductory paragraphs, the ACS appendices, and may
view FAA online resources to better understand design and
administration of practical tests.
The ARAC ACS WG provided an extensive list of suggested
administrative changes to the Flight Instructor Airplane ACS that do
not change the objectives of the tasks and AOOs. For example, the ARAC
ACS WG suggested adding a risk element addressing wrong surface
operations to the Runway Incursion Avoidance Task (AOO II, Task C). The
focus of this Task is to prevent runway incursions, which should
already encompass wrong surface operations that can lead to a runway
incursion. As another example, the ARAC ACS WG recommended adding a
risk element pertaining to NOTAMs within risk management of the NAS
(AOO II, Task G). However, the FAA notes that this topic is already
covered in AOO II, Task I. The FAA intends to continue working with the
ARAC ACS WG in the future to continually improve the ACS and will
consider administrative suggestions for later revisions of those
elements.
Additionally, several of these editorial comments by the ARAC ACS
WG suggested the FAA reorganize, rename, and resituate tasks within the
Flight Instructor Airplane ACS, which would require a substantial
overhaul, consolidation, and reorganization of AOOs, tasks, and
elements. The FAA understands the desire for uniformity amongst the
series of ACS for convenience but notes the ACS consist of independent
documents and standards, applicable to different categories and classes
of aircraft over multiple certificate levels. Because the requested
editorial and organizational changes would not have any impact on
safety in the NAS, the FAA only made the changes specified in Table 3,
Record of Editorial/Minor Changes, at this time.
vi. FAA-S-8081-9E, Flight Instructor--Instrument PTS for Airplane
Rating and Helicopter Rating, November 2023
The Flight Instructor Instrument PTS for Airplane Rating and
Helicopter Rating provides a table for the addition of an instrument
instructor rating to an existing flight instructor certificate.
Specifically, the table lists each possible flight instructor
certificate and rating held and then provides the required AOOs and
Tasks included on the practical test for an additional rating. The ARAC
ACS WG commented that the header ``IA,'' meaning Instructor
Instrument--Airplane Rating, was nonsensical because the applicant
would already hold that certificate. However, this PTS sets forth the
requirements for both a flight instructor instrument--helicopter rating
and a flight instructor instrument--airplane rating. Therefore, the
table in this PTS serves applicants who may hold an instructor
instrument airplane rating, who would follow the ``IA'' header to know
what AOOs must be completed for an instrument instructor-helicopter
rating; accordingly, the PTS retains the ``IA'' header.
vii. FAA-S-8081-8C, Flight Instructor Glider PTS for Glider Category,
November 2023
The Soaring Safety Foundation (SSF) recommended adding a Runway
Incursion Avoidance task to the Flight Instructor Glider PTS and stated
that the proliferation of motor gliders, both touring and all other
types, increases the likelihood of a runway incursion. However, the FAA
notes that the introduction to the PTS states that evaluators and
instructors must place special emphasis on areas of aircraft operation
considered critical to flight safety, which expressly includes a
reference to runway incursion avoidance. Because this risk is accounted
for in the special emphasis areas, the FAA finds the special emphasis
area sufficient. During the transition to ACS, the FAA may relocate
this special emphasis area to a risk element, if warranted.
Additionally, the SSF recommended adding a night operations task to
the flight instructor PTS only, citing the same reasons as the
recommended addition of the Runway Incursion Avoidance task. While the
FAA agrees that motor gliders could operate at night if properly
equipped, given the small community of night-flying glider pilots and
the absence of a task in the Private and Commercial Glider ACS, there
is not an urgent safety-sensitive reason to expand the footprint of the
flight instructor test without notice and comment at this time. It
would also be difficult to require a flight instructor to demonstrate
instructional ability for this task when there is no requirement within
the pilot PTS for gliders. However, the addition of this task may be
considered across all glider certificate levels when transitioning the
Glider PTS to ACS in the future if there is a safety-based case to do
so.
Finally, the SSF also requested the addition of a high-altitude
operations task in the Flight Instructor Glider PTS. Specifically, SSF
stated the increased number of high-altitude glider cross-country
flights that largely occur between 12,500 feet and 18,000 feet when
flying in the mountains warrant a specific task to ensure competency.
However, relevant testing on this subject area is already housed under
AOO X, Soaring Techniques, Task C, Wave Soaring, which predominately
occurs at high altitudes.
viii. FAA-S-ACS-8C, Instrument Rating--Airplane ACS, November 2023
One commenter suggested that the FAA modify the Instrument Rating--
Airplane ACS to include the option for
[[Page 22504]]
evaluation of filing an IFR flight plan to ensure realistic ATC
handling. Currently, the skill element found in AOO I, Preflight
Preparation, Task C, Cross-Country Flight Planning, differs from the
suggestion in that it would provide the option of creating a navigation
plan and actual filing of an IFR flight plan. The FAA did not implement
this option in any of the Instrument Rating ACS since the intent of the
task is to test the applicant orally and not demonstrate the cross-
country in flight and the applicant is tested on ATC handling AOO III,
Task A. Additionally, the training required for an instrument rating
set forth by Sec. 61.65 requires instrument flight training on cross-
country flight procedures performed under IFR when a flight plan has
been filed with an ATC facility.\77\ The applicant already demonstrated
their ability to fly a cross-country in the certificate level they
hold. This rating is for the purposes of instrument flight only. The
FAA considers that simulated filing of an IFR flight plan on a
practical test provides sufficient assurance an applicant can file an
IFR flight plan and receive a clearance. As such, the FAA did not make
the change in the final ACS.
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\77\ 14 CFR 61.65(d)(2)(ii).
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Another commenter stated that the phrasing used in AOO I, Preflight
Preparation, Task A, Pilot Qualifications changed between the original
Instrument Rating--Airplane ACS (FAA-S-ACS-8), published in 2016, which
used the element ``when an instrument rating is required'' and the
Instrument Rating--Airplane draft published in 2019 and maintained in
the NPRM draft (FAA-S-ACS-8B and FAA-S-ACS-8C, respectively), which use
the phrase ``privileges and limitations.'' The commenter stated that
because privileges and limitations only exist for pilot certificates,
not ratings, the knowledge element should be changed back to the 2016
phrasing. The FAA did not make a change to the adopted ACS. The
terminology ``privileges and limitations'' aligns with part 61.
Specifically, Sec. 61.2(a) defines the validity of privileges of a
certificate and a rating. When a rating appears on a pilot certificate,
the rating itself conveys certain privileges and limitations. For
example, a person who has a commercial pilot certificate with an
airplane category rating is limited from exercising commercial pilot
privileges in a rotorcraft category, helicopter class until they obtain
a rotorcraft category, helicopter class rating. The same concept
applies to those privileges accompanying an instrument rating (i.e.,
flight under IFR).
One commenter stated that AOO II, Task A, Aircraft Systems Related
to Instrument Flight Rules (IFR) Operations, traditionally focused only
on deicing systems and noted that the FAA added knowledge, risk
management, and skill elements pertaining to autopilots. The commenter
suggested eliminating duplication of elements related to automation
between that Task and AOO II, Task B, Aircraft Flight Instruments and
Navigation Equipment task. The FAA notes that Task A is specific to
aircraft systems related to IFR operations. This area not only includes
de-icing systems, but also automatic flight control systems (AFCS) as
set forth in the draft ACS. The FAA intentionally added the elements
for automation systems given technological advancement and modern
aircraft equipage. The purpose of Task B is to test the applicant on
the flight instruments and navigation pertaining to IFR operations. The
flight instruments correlate to automation; however, the two tasks have
two different objectives. Based on these reasons, the FAA is retaining
these elements in the final ACS.
The ARAC ACS WG recommended that the FAA remove the requirement for
a circle-to-land in the IPC so pilots may complete the IPC solely using
an Advanced Aviation Training Device (AATD). The FAA disagrees with
this recommendation, as AATD's lack the fidelity requirements for both
the visual and motion (no motion system requirement) systems to
properly represent the conduct of a circling and landing approach.
Pilots need to demonstrate their ability in a realistic environment so
that they are prepared to conduct the maneuver in the NAS.\78\ It is
for this reason that credit is also not provided for landing tasks. To
receive accurate training on these tasks, the pilot will have to use an
airplane or a full flight simulator (Level B, C, or D).
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\78\ See Advisory Circular 61-136B, appendix E.
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ix. FAA-S-ACS-6C, Private Pilot for Airplane Category ACS, November
2023
One commenter suggested the FAA remove knowledge of certification
requirements from the Private Pilot Airplane ACS, element PA.I.A.K1.
Specifically, AOO I, Preflight Preparation, Task A, Pilot
Qualifications, requires an applicant to demonstrate understanding of
certification requirements, recent flight experience, and record
keeping. The suggested change would remove ``certification
requirements'' from the element, as the commenter stated that knowledge
of the certification requirements is irrelevant for an applicant at the
practical test stage and would be more relevant to flight instructors.
The FAA disagrees with this removal, as a private pilot applicant
should know specific FAA regulations under title 14 Code of Federal
Regulations that not only pertain to initial private pilot
certification but also pertain to maintaining certification to continue
operating privileges (e.g., removal of any certification limitations,
adding ratings). While flight instructors provide the required dual
ground and flight training and verify the applicant meets the minimum
requirements for that pilot certificate, this fact alone does not
relieve an applicant from knowing the regulatory requirements for their
own continuing certification.
The same commenter suggested the FAA change a skill element found
in AOO I, Preflight Preparation, Task D, Cross-Country Flight Planning,
to create an aviation plan and file, or simulate filing, a VFR flight
plan as directed by the evaluator (specifically, element PA.I.D.S3).
The commenter further detailed that some applicants have never filed a
VFR flight plan airborne or on the ground. This change would give the
evaluator the option to ask an applicant to demonstrate opening and
closing a flight plan during the flight portion of a practical test as
opposed to only simulating this requirement. The FAA notes that two
elements within AOO I (PA.I.D.K4, elements of a VFR flight plan and
PA.I.D.K5, procedures for filing, activating, and closing a VFR flight
plan), allow an evaluator to determine the understanding and ability of
an applicant to create, file, open, and close a VFR flight plan. The
FAA did not modify the ACS as suggested, as this task corresponds with
the oral portion of the practical test that occurs prior to flight, and
the applicant would demonstrate this task as a simulation.
One commenter suggested that the Tasks in the AOO for Basic
Instrument Maneuvers (AOO VII) should be moved to Emergency Procedures
because the focus of basic instrument maneuvers should be to enable a
non-instrument rated pilot to successfully avoid and, failing that,
recover from inadvertent IMC. The commenter stated that the location of
the tasks will more appropriately emphasize the purpose of the
training. The FAA agrees with the commenter that emergency procedures
may situationally necessitate basic instrument maneuvers and,
therefore, would involve both AOOs. However, the FAA did not make the
resulting change in the adopted Private Pilot
[[Page 22505]]
Airplane ACS because tasks pertaining to basic instrument maneuvers
appropriately prioritize within their own AOO. Additionally, this AOO
corresponds to the regulatory AOO for Basic Instrument Maneuvers as set
forth by Sec. 61.107(b)(1)(ix) and (b)(2)(ix). When creating a plan of
action, the evaluator can combine tasks into one scenario to address
the commenter's suggestion.
The ARAC ACS WG suggested the addition of a note to clarify whether
applicants can use avionics-generated information to provide a
destination estimate for the initial or revised estimate during the
Pilotage and Dead Reckoning Task within AOO IV, Navigation. The ACS and
PTS create requirements for certification, and the FAA handbooks and
guidance provide accepted methods of compliance. In accordance with a
reference listed for this Task, the Pilot's Handbook of Aeronautical
Knowledge \79\ defines pilotage as navigation by reference to landmarks
or checkpoints. The guidance explains that, due to safety concerns in
the event of electronic navigation failure, applicants should have the
ability to use pilotage and dead reckoning for navigation. While the
FAA accepts using a computer-generated initial estimate as part of
flight planning, this Task provides the applicant an opportunity to
demonstrate basic understanding of the speed, time, and distance
relationship using realistic estimates without the benefit of satellite
or ground-based electronic navigation equipment. The FAA did not add a
note to the pilotage and dead reckoning task for avionics-generated
information to provide a destination estimate since the FAA's handbook
definition of pilotage and dead reckoning does not involve the use of
GPS or electronic navigation.
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\79\ FAA-H-8082-25.
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The ARAC ACS WG suggested adding Tasks from AOO IX, Emergency
Operations, Tasks E, F, and G (involving engine failures/inoperative
engines specific to multiengine airplanes) to the requirements for an
added multiengine sea rating based on the applicant already holding a
multiengine land rating. In the absence of safety data requiring
additional emergency operation testing for an airplane multiengine sea
added rating, the FAA maintains that these Tasks have sufficient
commonality in required maneuvering between AMEL and AMES and,
therefore, did not require the emergency operation testing for an added
multiengine sea rating.
The ARAC ACS WG suggested changing a skill element for the
Emergency Descent Task (AOO IX, Task A) to reference the Airplane
Flying Handbook (FAA-H-8083-3) and the airplane flight manual (POH/
AFM). However, the Task lists the Airplane Flying Handbook as a general
reference and the POH/AFM as a specific reference within the element
itself. These references provide applicants with the opportunity to
develop familiarity with that handbook information regarding an
emergency descent. During a demonstration of an emergency descent, the
FAA expects applicants to follow the manufacturer's guidance (i.e., the
POH/AFM) as the most tailored information to that aircraft.
x. FAA-S-8081-32A, Private Pilot PTS for Powered Parachute Category and
Weight-Shift-Control Aircraft Category, November 2023
Members of the ARAC ACS WG noted that the Private Pilot PTS for
Powered-Parachute and Weight-Shift Control lacks elements related to
risk management. The FAA notes that the PTS uses special emphasis areas
that apply globally to PTS Tasks to address risk mitigation. In
addition, the section on unsatisfactory performance discusses failure
to use proper and effective visual scanning techniques to clear the
area before and while performing maneuvers. While the FAA made minor
changes to PTS documents published as part of the NPRM, the FAA
considered it appropriate to develop risk management elements within
each Task when converting the PTS to an ACS through the collaborative
process established within the ARAC ACS working group, especially where
no safety concerns were identified by the commenters to justify an
addition as part of this rule.
xi. FAA-S-8081-17A, Private Pilot PTS for Lighter-Than-Air Category,
November 2023
One commenter recommended inclusion of an additional ratings task
table for applicants seeking a balloon rating. The FAA notes the PTS
that accompanied the NPRM had not been converted into ACS and were
largely unchanged from their pre-NPRM version. As a result, the FAA did
not create the additional ratings task table during this rulemaking.
The FAA intends to consult with members of the ARAC ACS WG prior to
proposing an additional rating task table for future revisions.
xii. FAA-S-8081-10E, Aircraft Dispatcher PTS, November 2023
The ARAC ACS WG provided extensive comments regarding the Aircraft
Dispatcher PTS and aircraft dispatcher certification in general. The
FAA found many of these comments and suggestions, such as raising
minimum enrollment requirements, increasing training hours, and
reducing items unique to pilots, outside the scope of this rulemaking.
However, in this section, the FAA responds to the comments pertaining
to the Aircraft Dispatcher standards, currently in the form of a PTS
and planned for conversion to an ACS in the future. See section IV.D.,
Table 3 Editorial/Minor changes of this preamble for editorial/minor
changes made to the Aircraft Dispatcher PTS.
One comment suggested removing certain elements from the Aircraft
Systems, Performance, and Limitations Task in the Flight Planning/
Dispatch Release AOO. Specifically, the commenter recommended removal
of elements corresponding to weight and balance because the commenter
contended that these issues have been removed from the knowledge test.
The FAA notes that the dispatcher knowledge test does have weight and
balance questions, and the FAA will continue to support questions for
those enumerated elements within the PTS (eventually ACS).
Additionally, an applicant must demonstrate skill in the areas of
knowledge specified in appendix A of part 65, which includes weight and
balance. As a result, the FAA maintains the elements that require the
applicant to compute weight and balance and determine limits, which
directly impacts aircraft performance for all phases of flight.
The commenter further suggested removing elements related to marker
beacons, Automatic Direction Finder (ADF), and Doppler Radar in AOO I,
Flight Planning/Dispatch Release, Task F, Navigation and Aircraft
Navigation Systems. The FAA did remove doppler radar and marker beacons
from the NPRM version of this PTS. However, the FAA does not agree with
removal of automatic direction finder (ADF). Because low altitude
airways in the NAS rely on non-directional beacons, aircraft
dispatchers may reference these routes, and some aircraft may track
these routes using an ADF or Radio Magnetic Indicator (RMI). The FAA's
current U.S. Terminal Procedures Publication (TPP) contains Non-
Directional Beacon (NDB) approaches, which require an appropriate
display.
3. Universally Applicable Comments
i. ARAC ACS WG Comments
The ARAC ACS WG submitted extensive comments to the NPRM and
[[Page 22506]]
various ACS and PTS. Discussion of a number of these comments occurred
within sections IV.A. and IV.B. of this preamble. Additionally, the FAA
adopted many of the ARAC ACS WG's suggestions in the ACS and PTS
accompanying this final rule, detailed in Table 3 of Section IV.D. of
this preamble. The FAA offers the following responses to the ARAC ACS
WG comments.
The ARAC ACS WG suggested several formatting revisions, such as a
change from tables to lists, numbering of the ACS appendix tables, and
clarifying section headers. The FAA maintained the format of the ACS as
proposed in the NPRM and notes that clear titles appear above each
chart, followed by a brief description of the chart's purpose for each
ACS, as well as within the body of the ACS themselves. In its
continuing collaboration with the ARAC ACS WG, the FAA will consider
recommendations and implement any changes that the FAA determines will
improve the readability and understanding of the ACS documents.
The ARAC ACS WG questioned whether a determination that an
applicant or certificate holder has met certain English language
requirements applies only to the practical test or to an IPC as well.
The ARAC ACS WG referred, specifically, to certain content in the ACS
that requires an evaluator to determine whether an applicant meets the
FAA Aviation English Language Standard (AELS). The ARAC ACS WG seems to
contend that the text should clarify English requirements, as the ACS
states it only applies to evaluators administering a practical test,
which does not include an IPC. The FAA examined this language and
determined that the paragraph in question does apply to a practical
test, evidenced by terminology and phrasing such as ``applicant,''
``before starting the practical test,'' and ``discontinue the practical
test.'' However, the FAA neglected to include checking, as explained in
AC 60-28B, in the ACS AELS section of appendix 1 and pointed out by the
ARAC ACS WG. As a result of the review, the FAA updated appendix 1 of
each ACS to include a practical test and regulatory checks (e.g., IPC
or pilot-in-command proficiency check). The evaluator conducting
testing, training, or any required regulatory check should evaluate if
the applicant for an FAA certificate or holder of an FAA certificate
demonstrates the FAA AELS.
Next, the ARAC ACS WG suggested that sample airman knowledge test
questions need to have representative questions reflecting the ACS
coding on actual tests to accurately reflect what an applicant missed
on the practice exam. The ARAC ACS WG stated that this, in turn, will
aid applicants, instructors, and evaluators in discrete identification
and training on specific missed elements. The FAA currently provides
codes for the sample knowledge test questions related to an ACS. As PTS
convert to ACS, the FAA works to ensure it updates the sample test bank
and will continue to do so as an outgrowth of this rulemaking.
Additionally, many independent sources, as well as the FAA's contracted
vendor for knowledge testing, PSI Services, LLC, have practice tests
available where users can receive sample test reports and ACS codes.
However, because these practice tests are not authored or administered
by the FAA, the FAA cannot commit to future efforts to tie test reports
to the ACS codes in those instances.
Lastly, the ARAC ACS WG suggested revisions to part 141 to align
with the revisions to part 61. Specifically, the ARAC ACS WG stated
that the NPRM is inaccurate in its statement that the AOOs for testing,
whether under part 61 or part 141, will be governed by areas of
operation in the applicable ACS or PTS. The ARAC ACS WG sought clarity
in both Sec. 141.67(c) and appendix E.4.(c) to part 141 to align the
AOOs with part 61 and the ATP ACS.\80\
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\80\ 14 CFR 141.67(c) requires tests given by a part 141 school
that holds examining authority to be at least equal in scope, depth,
and difficulty to the tests prescribed under part 61. Appendix E to
part 141 prescribes the minimum curriculum for an airline transport
pilot certification course for the following ratings: airplane
single engine, airplane multiengine, rotorcraft helicopter, and
powered-lift. Section 4.(c) in the appendix requires an approved
course to include flight training on the AOOs listed in that
section.
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As discussed in the NPRM, the FAA contemplated the proposal of
conforming amendments to part 141 to reconcile the proposed changes in
part 61. However, the FAA did not propose any revisions to part 141. In
other words, applicants from a pilot school (or provisional pilot
school) either take the practical test or an end-of-course test given
by a pilot school that holds examining authority. The practical test
under part 61 would align with the applicable ACS by direct reference
in part 61: Sec. Sec. 61.14 and 61.43, as adopted. The end-of-course
test would align with the applicable ACS through the cross-reference in
Sec. 141.63(c), without need for further amendment because Sec.
141.67(c) already requires such end-of-course test to be equal in
scope, depth, and difficulty to the comparable practical test
prescribed by the Administrator under part 61 (i.e., the practical test
that aligns with the applicable ACS by regulation).
As stated in the NPRM, the FAA acknowledges that the areas of
operation in part 141, appendix E, section 4.(c)
[…truncated; see source link]Indexed from Federal Register on April 1, 2024.
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