Rule2024-12621
Removal of Check Pilot Medical Certificate Requirement
Primary source
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Published
June 18, 2024
Effective
July 18, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action finalizes the substantive relief proposed in the notice of proposed rulemaking entitled Removal of Check Pilot Medical Certificate Requirement. It removes inconsistencies applicable to the qualification requirements for check pilots and flight instructors in domestic, flag, and supplemental operations and flight instructors in commuter and on-demand operations so that check pilots, check flight engineers, and flight instructors can continue to perform their functions in aircraft without a medical certificate unless they are serving as required flightcrew members. It also removes the medical certificate requirement for flight instructors in commuter and on- demand operations who perform their functions in aircraft and are not serving as required flightcrew members. Removing the conflicting medical certificate requirement enables the utilization of pilots who are otherwise qualified to function as check pilots, check flight engineers, and flight instructors in aircraft. Finally, this final rule updates related terminology.
Full Text
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<title>Federal Register, Volume 89 Issue 118 (Tuesday, June 18, 2024)</title>
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[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Rules and Regulations]
[Pages 51415-51432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12621]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, and 135
[Docket No. FAA-2019-0360; Amdt. Nos. 91-375, 121-392 and 135-145]
RIN 2120-AL12
Removal of Check Pilot Medical Certificate Requirement
AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This action finalizes the substantive relief proposed in the
notice of proposed rulemaking entitled Removal of Check Pilot Medical
Certificate Requirement. It removes inconsistencies applicable to the
qualification requirements for check pilots and flight instructors in
domestic, flag, and supplemental operations and flight instructors in
commuter and on-demand operations so that check pilots, check flight
engineers, and flight instructors can continue to perform their
functions in aircraft without a medical certificate unless they are
serving as required flightcrew members. It also removes the medical
certificate requirement for flight instructors in commuter and on-
demand operations who perform their functions in aircraft and are not
serving as required flightcrew members. Removing the conflicting
medical certificate requirement enables the utilization of pilots who
are otherwise qualified to function as check pilots, check flight
engineers, and flight instructors in aircraft. Finally, this final rule
updates related terminology.
DATES: This rule is effective July 18, 2024.
FOR FURTHER INFORMATION CONTACT: Joshua Jackson, Aviation Safety
Inspector, Air Transportation Division, Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone: 202-267-8166; email:
<a href="/cdn-cgi/l/email-protection#2d47425e45584c03474c4e465e42436d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="03696c706b76622d69626068706c6d436562622d646c75">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
As discussed in the notice of proposed rulemaking (NPRM),\1\ the
regulations establishing the requirements for flight instructors and
check airmen in parts 121 and 135 are unclear regarding the medical
certificate requirements when flight instructors or check airmen
perform their duties in aircraft. The regulations indicate that flight
instructors conducting flight training and check airmen administering
checks in aircraft must hold a third-class medical certificate when not
serving as a required flightcrew member. Elsewhere, however, the
regulations also state that no medical certificate is required unless
the flight instructor or check airman is serving as a required
crewmember. Additionally, part 135 check pilots (aircraft) were held to
different medical certification standards than part 121 check pilots
and flight instructors and part 135 flight instructors.\2\ This final
rule resolves the discrepancy in the pertinent regulations by
clarifying that flight instructors, check pilots, and check flight
engineers (FEs) must hold the appropriate medical certificate only when
serving as required flightcrew members in an aircraft. The final rule
also includes nonsubstantive nomenclature changes and reorganizes
certain sections of parts 121 and 135.
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\1\ Removal of Check Pilot Medical Certificate Requirement
notice of proposed rulemaking, 84 FR 25499 (Jun. 3, 2019).
\2\ Specifically, Sec. 135.337(b)(5) states that a check airman
(aircraft) must hold at least a third-class medical certificate
unless serving as a required crewmember and the exception in Sec.
135.337(e) that a check airman who does not hold the appropriate
medical certificate may serve as a check airman, but not a required
flightcrew member, applies only to check airmen (simulators). This
differs from how the regulations treat part 121 check airmen and
flight instructors and part 135 flight instructors.
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II. Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 106
describes the authority of the FAA Administrator to promulgate rules
and regulations. Subtitle VII of title 49, Aviation Programs, describes
in more detail the scope of the FAA's authority.
This rulemaking is promulgated under the authority described in
section 44701, General Requirements; section 44702, Issuance of
Certificates; and section 44703, Airman Certificates. Under these
sections, the FAA prescribes regulations and minimum standards for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. In addition, section 44701(d)(1)(A)
specifically states the Administrator, when prescribing safety
regulations, must consider the duty of an air carrier to provide
service with the highest possible degree of safety in the public
interest.
[[Page 51416]]
III. Background
As discussed in the NPRM, all pilots serving in title 14 CFR part
121 and part 135 operations are required to complete certain flight
training \3\ and checking \4\ on a regular basis to ensure each pilot's
competency in operating the specific aircraft. The checks are conducted
by check pilots: \5\ airmen approved by the FAA who have the
appropriate knowledge, training, experience, and demonstrated ability
to evaluate and to certify the knowledge and skills of other pilots.
The role of the check pilot is to ensure that the flightcrew member has
met competency standards in a particular aircraft before the check
pilot releases the flightcrew member from training and that the
flightcrew member maintains those standards while remaining in line
service. Similar responsibilities and objectives exist for check FEs in
part 121.\6\ Check pilot qualifications are set forth in Sec. Sec.
121.411 and 135.337, as applicable. Check FE qualifications are set
forth in Sec. 121.411.
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\3\ See 14 CFR 121.433, 135.347, 135.351.
\4\ See 14 CFR 121.441, 135.293, 135.297.
\5\ The FAA notes that the NPRM proposed only to change verbiage
in part 135 from ``check airman'' to ``check pilot,'' as well as
their plural forms. As discussed in section IV.D.1. of this
preamble, the FAA is expanding this terminology change to include
part 121. Therefore, for purposes of this preamble, the FAA uses the
terms ``check pilot'' and ``check flight engineer,'' as applicable,
rather than ``check airman'' unless referring to past regulations
that use ``airman.''
\6\ 14 CFR 121.419, 121.425.
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The flight training is conducted by a flight instructor who is
designated by a part 121 or part 135 certificate holder and has the
appropriate knowledge, training, experience, and demonstrated ability
to instruct flightcrew members in a flight training segment of that
certificate holder's training program. Flight instructor qualifications
are set forth in Sec. Sec. 121.412 and 135.338.
Under parts 121 and 135, flight training and checking can be
accomplished in an aircraft or in a flight simulation training device
(FSTD). As such, the qualification requirements for flight instructors,
check pilots, and check FEs correspond to whether the training and
checking is conducted in an aircraft or an FSTD. In an FSTD, flight
instructors, check pilots, and check FEs typically do not occupy a
flightcrew member station during training or checking. Rather, they
typically occupy an instructor station from which they can oversee the
simulation. Even when flight instructors, check pilots, or check FEs
occupy a flightcrew member station in an FSTD, they are not subject to
flightcrew member requirements that apply to operations conducted in
the national airspace.\7\
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\7\ Under Sec. 1.1, a flightcrew member is ``a pilot, flight
engineer, or flight navigator assigned to duty in an aircraft during
flight time.''
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When performing flight instructor, check pilot, or check FE duties
in an aircraft, that person may serve as a required flightcrew member.
Specifically, a flight instructor, check pilot, or check FE is a
required flightcrew member if (1) required by the regulations under
which the flight is being conducted (e.g., when a safety pilot is
required under part 91 or when a person receiving instruction is not
qualified to act as pilot-in-command (PIC) and, therefore, the flight
instructor acts as the PIC) or (2) required by the type certificate of
the aircraft.\8\ In these scenarios, the person may serve as a required
flightcrew member only if, in addition to meeting the requirements to
hold the respective position of flight instructor, check airman, or
check FE, the person is also qualified to serve in the flightcrew
member position, which includes medical certificate requirements.
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\8\ Letter of Interpretation to Willmot White from Carl
Schellenberg, Assistant Chief Counsel, Regulations and Enforcement
Division (Oct 5, 1978). Letter of Interpretation to Ivan Grau from
Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (Oct.
1, 2010); Letter of Interpretation to Louis Glenn from Rebecca B.
MacPherson, Assistant Chief Counsel for Regulations (Dec. 1, 2009).
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Prior to 1996, the FAA required medical certificates for flight
instructors and check airmen \9\ performing such functions, even if
they were not serving as required flightcrew members.\10\ This was
largely because the primary means of training occurred in an aircraft
until the implementation of significant changes in training methods
(i.e., increased use of flight simulation) beginning in the late 1970s.
With the increase in FSTD use, in 1996, the FAA, acknowledging that
some experienced part 121 and part 135 airmen, who would otherwise
qualify as flight instructors or check airmen but were not medically
eligible to hold a medical certificate, were foreclosed by regulation
from performing their functions even in FSTDs, revised the
regulations.\11\ Specifically, the final rule removed the medical
certificate requirement altogether for flight instructors and check
pilots in parts 135 and 121 who perform their functions in FSTDs.\12\
However, as noted earlier, the regulatory text ultimately introduced
confusion as to the medical certificate requirement for flight
instructors and check airmen who perform their functions in aircraft in
parts 121 and 135 when not serving as required flightcrew members.
Specifically, Sec. Sec. 121.411, 121.412, 135.337, and 135.338 apply
internally inconsistent medical certificate requirements to check
airmen and flight instructors when performing their duties in an
aircraft.
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\9\ See footnote 5 of this preamble.
\10\ See e.g., Air Taxi Operators and Commercial Operators, 42
FR 43490 (Aug. 29, 1977) and Air Taxi Operators and Commercial
Operators, 43 FR 46742, 46777 (Oct. 10, 1978).
\11\ Training and Qualification Requirements for Check Pilots
and Flight Instructors final rule, 61 FR 30734 (Jun. 17, 1996).
\12\ Id. at 30735. Specifically for check airmen, the rule
removed, first, the requirement to hold at least a Class III (third
class) medical certificate in then-Sec. 121.411(a)(6) and, second,
the requirements to hold a Class I, II, or III (first, second, or
third class) medical certificate in then-Sec. 135.337(a).
Additionally, the rule added Sec. Sec. 121.412 and 135.338 to
specifically speak to flight instructors and excepted those persons
instructing in a simulator from holding a medical certificate.
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Recognizing the contradiction in the regulations, the FAA gave
force and effect to the most relieving provision by not requiring
flight instructors and check airmen performing their respective duties
in aircraft to hold any medical certificate when not serving as a
required flightcrew member.
IV. Discussion of Final Rule and Public Comments
A. Final Rule and Changes
On June 3, 2019, the FAA published an NPRM that proposed to update
regulatory text to remove the inconsistencies applicable to check
pilots and flight instructors in parts 121 and 135 to provide clarity
to check pilots, check FEs, and flight instructors on the applicable
medical certificate requirements when performing their functions in
aircraft. Specifically, the NPRM proposed to keep and revise paragraph
(b)(5) of Sec. Sec. 121.411, 121.412, 135.337, and 135.338 to mandate
medical certificate requirements only for those check pilots, check
FEs, and flight instructors considered required flightcrew members.
Thus, the proposal removed explicit requirements for check pilots,
check FEs, and flight instructors who are not also serving as required
flightcrew members. However, as proposed, the FAA would have kept
language set forth in Sec. Sec. 121.411(e), 121.412(e), 135.337(e),
and 135.338(e) that specifically stated a person who did not hold a
medical certificate may function as a check pilot, check FE, or flight
instructor (as applicable), but could not serve as a required
flightcrew member.
In response to comments received and additional analysis during the
pendency of the rulemaking, the FAA recognizes
[[Page 51417]]
that the proposed revisions to the regulations were insufficient to
achieve the goal of the rulemaking: elimination of medical certificate
requirement confusion. Specifically, paragraph (b)(1) in each section
(Sec. Sec. 121.411, 121.412, 135.337, and 135.338) still would have
required a person to hold all the ``airman'' certificates and ratings
required to serve as a PIC in operations under that part, which would
include the requisite medical certificate in exercising the privileges
of a commercial or ATP certificate.\13\ Therefore, the FAA is adopting
different language than proposed in the 2019 NPRM, accompanied by
reorganization of the affected sections to reduce redundancy. To note,
the substantive relief remains unchanged from that proposed in the 2019
NPRM and historical practice (i.e., elimination of medical certificate
requirements if not serving as a required flightcrew member).
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\13\ See 49 U.S.C. 44703(i)(2)(A)(i).
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Specifically, as it pertains to part 121, Sec. Sec. 121.411(b)(1)
and 121.412(b)(2) require a check pilot, check FE, and flight
instructor to hold the airman certificates and ratings required to
serve as a PIC or FE, as applicable, under part 121 operations. As
written, ``airman certificates'' would include a medical certificate.
Instead of relying on paragraph (b)(5) as an exception to paragraph
(b)(1) in each section, as previously explained, this final rule
revises each paragraph (b)(1) to specify that the requisite pilot or FE
certificate and/or ratings are required. This revision, therefore,
conveys that a medical certificate is not generally included in the
required certificates to serve as a check pilot, check FE, or flight
instructor. Therefore, while the NPRM proposed to revise Sec. Sec.
121.411(b)(5) and 121.412(b)(5) from the regulations, this final rule
would remove both paragraphs.\14\ Additionally, this final rule would
remove existing Sec. Sec. 121.411(e) and 121.412(e) and adopt a new
paragraph (f) that concisely sets forth that a person who serves as a
required flightcrew member while performing check pilot or check FE
duties must meet all requirements for the duty position in which they
are serving. This would include the requisite medical certificate for
that duty position.
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\14\ Paragraph restructuring is discussed in section IV.B. of
this preamble. Additionally, the FAA notes that the NPRM proposed to
change certain medical certificate terminology from Class I, II, and
III to first-class, second-class, and third-class. With the
elimination of these paragraphs, that proposal is rendered
irrelevant.
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In summary, when not serving as a required flightcrew member, the
check pilot, check FE, or flight instructor would be required to hold
all certificates and ratings required to serve as PIC or FE under part
121, pursuant to Sec. Sec. 121.411(b)(1) and 121.412(b)(1) except a
medical certificate. Pursuant to new Sec. Sec. 121.411(f) and
121.412(f), if the check pilot, check FE, or flight instructor was
serving as a required flightcrew member, the person must also meet the
requirements for the duty position in which they are serving.\15\
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\15\ For example, pursuant to 14 CFR 63.3, if a person is acting
as a flight engineer of an aircraft, that person would be required
to hold at least a second-class medical certificate or other
documentation acceptable to the FAA. However, if the check flight
engineer was only performing check duties, and was not acting as the
flight engineer of the aircraft, the person would be excepted from
holding the medical certificate.
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Additionally, while the FAA did not propose a reorganization of
Sec. Sec. 121.411 and 121.412 in the NPRM as it did in part 135, this
final rule will revise certain provisions to eliminate redundancy in
the regulations. First, Sec. 121.411(b)(4) requires an airplane check
pilot or check FE to satisfactorily complete the applicable training
requirements of Sec. 121.413, including inflight training and practice
for initial and transition training. Similarly, Sec. 121.412(b)(4)
requires an airplane flight instructor to satisfactorily complete the
applicable training requirements of Sec. 121.414, including inflight
training and practice for initial and transition training. The FAA
finds these concluding phrases to be redundant because Sec. Sec.
121.413 and 121.414 set forth the initial, transition, and recurrent
training and checking requirements for check pilots, check FEs, and
flight instructors, as applicable, and would control the scenarios
under which the inflight training and practice for initial and
transition training is required. Therefore, the FAA is removing the
language in Sec. Sec. 121.411(b)(4) and 121.412(b)(4) as redundant.
Second, Sec. 121.411(b)(6) requires a check airman to satisfy the
recency of experience requirements of Sec. 121.439, as applicable.
Section 121.439 sets forth the recent experience requirements for pilot
qualification and applies specifically to required pilot flightcrew
members in paragraph (a). In other words, Sec. 121.439 would be
rendered applicable only when a check pilot serves as a required
flightcrew member. The recency of experience requirements of Sec.
121.439 would, therefore, be required regardless of the specification
of Sec. 121.411(b)(6). The same principle applies in Sec. 121.412.
Therefore, Sec. Sec. 121.411(b)(6) and 121.412(b)(6) are removed in
this final rule; however, the FAA emphasizes that this does not change
the existing substantive recency of experience requirements.
Additionally, Sec. Sec. 121.411(f) and 121.412(f) would act as an
umbrella provision for check pilots, check FEs, and flight instructors
who serve as required flightcrew members, thereby subjecting a check
pilot serving as a required flightcrew member to meet Sec. 121.439.
In removing these revisions for redundancy (as well as Sec. Sec.
121.411(b)(5) and 121.412(b)(5) as previously discussed), the
requirements of Sec. 121.411(b) for check pilot and check FE
(airplane) are largely mirrored in Sec. 121.411(c) for check pilot and
check FE (FSTD). Similarly, the requirements of Sec. 121.412(b) for
flight instructor (airplane) are largely mirrored in Sec. 121.412(c)
for flight instructor (FSTD). Therefore, the FAA finds that the
provisions in each paragraph, respectively, can be combined without
losing any clarity or substantive requirements. Subsequently, the
introductory language is revised to include both airplane and FSTD
check pilots and check FEs, and paragraphs (b) and (c) are merged.\16\
Additionally, the reference to paragraphs (c)(2) through (4) in
Sec. Sec. 121.411(d) and 121.412(d) are removed, as those previous
provisions will be covered under the reference to paragraphs (b)(2)
through (4), which remain.
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\16\ See section IV.B. of this preamble for section
redesignation as an outgrowth of eliminated paragraphs.
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The same general revisions are made in part 135; however, part 135
does not contemplate FEs as part 121 does. Therefore, Sec. Sec.
135.337(b)(1) and 135.338(b)(1) are revised to state that check pilots
must hold the pilot certificates and ratings required to serve as a PIC
in operations under part 135. Additionally, for the same reasons
previously discussed for part 121, this final rule removes paragraphs
(b)(5) and (b)(6) \17\ in each section, removes paragraph (e) in each
section, and adds new paragraph (f), explicitly stating that each
person who serves as a required flightcrew member while performing
check pilot duties must meet the requirements for the duty position in
[[Page 51418]]
which they are serving. This would include the appropriate medical
certificate when serving as a required flightcrew member. The FAA
acknowledges that there may be instances where a person is ``assigned''
to a part 135 operation. The FAA notes that if a check pilot or flight
instructor is assigned duties, then they must be qualified as if they
were required (i.e., must be qualified for the operation for which the
person is to be used), pursuant to Sec. 135.95. Additionally, for the
same reasons previously discussed in the part 121 revisions, the FAA is
combining Sec. 135.337 paragraph (c) with paragraph (b) and Sec.
135.338(c) with (b).
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\17\ For clarity, paragraph (b)(6) in Sec. Sec. 135.337 and
135.338 require a check pilot or flight instructor to satisfy the
recency of experience requirements of Sec. 135.247. Section 135.247
applies to those pilots serving as PIC of an aircraft carrying
passengers, which would apply regardless of duplicity in Sec. Sec.
135.337 and 135.338. In other words, Sec. 135.247 continues to
control the conditions under which a person must meet recent
experience requirements.
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In summary, these changes clarify that a person serving as a check
pilot, check FE, or flight instructor under parts 121 or 135 would not
be required to hold a medical certificate unless serving as a required
flightcrew member. As previously discussed, a person is a required
flightcrew member in two scenarios: (1) where the operating rule
requires the person to be a flightcrew member or (2) the aircraft's
type certificate requires the person to be a flightcrew member. In
either scenario, the person would be required to hold a medical
certificate in accordance with the privileges of the certificate they
were exercising.\18\ For example, if a check pilot is performing a
check but also serving as a safety pilot under Sec. 91.109, that check
pilot would be considered a required flightcrew member (due to the
operating rule). Because under Sec. 91.109(c)(1), the safety pilot/
check pilot would be exercising the privileges of at least a private
pilot certificate, the person must hold the requisite medical
certificate: at least a third-class medical certificate.\19\ As another
example, if the check pilot is conducting a check under part 135 in an
aircraft that requires two pilots via type certificate and the check
pilot is the second pilot, the check pilot would be serving as a
required flightcrew member under that part (due to type certificate).
That check pilot would be serving as second in command, requiring at
least a commercial pilot certificate and an instrument rating pursuant
to Sec. 135.4. Because the check pilot would be exercising the
privileges of a commercial pilot certificate and instrument rating,
that check pilot must hold at least a second-class medical
certificate.\20\ The same principle applies to part 121 operations, as
well as flight instructors who would be considered required flightcrew
members.
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\18\ Section 61.3(c)(1) requires a person to hold the
appropriate medical certificate if serving as a required pilot
flightcrew member, subject to certain exceptions set forth in Sec.
61.3(c)(2). Section 61.23 sets forth the class of medical
certificate required for pilots, and Sec. 63.3(b) requires a flight
engineer to hold at least a current second-class medical
certificate.
\19\ See 14 CFR 61.23(a)(3)(i).
\20\ See 14 CFR 61.23(a)(2)(ii).
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B. Redesignation of Affected Sections
As discussed in the previous section, the final rule revises and
removes a number of existing paragraphs within Sec. Sec. 121.411,
121.412, 135.337, and 135.338. The FAA provides the following tables to
concisely detail the resulting redesignation within those sections.
Table 1--Part 121 Redesignation
----------------------------------------------------------------------------------------------------------------
Current citation (14
Current citation (14 CFR Sec. ) Final rule action CFR Sec. ) Final rule action
----------------------------------------------------------------------------------------------------------------
121.411(a)........................... Unchanged.............. 121.412(a)............. Unchanged.
121.411(b)........................... Incorporated paragraph 121.412(b)............. Incorporated paragraph
(c). (c).
121.411(c)........................... Merged into paragraph 121.412(c)............. Merged into paragraph
(b). (b).
121.411(d)........................... Redesignated as Sec. 121.412(d)............. Redesignated as Sec.
121.411(c). 121.412(c).
121.411(e)........................... Removed................ 121.412(e)............. Removed.
121.411(f)........................... Redesignated as Sec. 121.412(f)............. Redesignated as Sec.
121.411(d). 121.412(d).
121.411(g)........................... Redesignated as Sec. 121.412(g)............. Redesignated as Sec.
121.411(e). 121.412(e).
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Table 2--Part 135 Redesignation
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Current citation (14
Current citation (14 CFR Sec. ) Final rule action CFR Sec. ) Final rule action
----------------------------------------------------------------------------------------------------------------
135.337(a)........................... Unchanged.............. 135.338(a)............. Unchanged.
135.337(b)........................... Incorporated paragraph 135.338(b)............. Incorporated paragraph
(c). (c).
135.337(c)........................... Merged into paragraph 135.338(c)............. Merged into paragraph
(b). (b).
135.337(d)........................... Redesignated as Sec. 135.338(d)............. Redesignated as Sec.
135.337(c). 135.338(c).
135.337(e)........................... Removed................ 135.338(e)............. Removed.
135.337(f)........................... Redesignated as Sec. 135.338(f)............. Redesignated as Sec.
135.337(d). 135.338(d).
135.337(g)........................... Redesignated as Sec. 135.338(g)............. Redesignated as Sec.
135.337(e). 135.338(e).
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C. Discussion of Comments
The FAA received and considered 12 comments to the NPRM, consisting
of two from industry (Ameristar Air Cargo, Inc. and Harris Aircraft
Services, Inc.) and 10 from individuals. The majority of commenters,
including Ameristar Air Cargo, Inc. (Ameristar) and Harris Aircraft
Services, Inc. (Harris), supported the rule. Only two individuals
opposed the proposal, while three commenters sought additional
clarification on the proposal.
1. Support for the Rule
The majority of commenters supported the proposal. While some
simply stated support for the proposal with no further rationale,
several provided additional discussion as part of their support. Many
supporters stated that the proposal helps to clarify an unsettled area
of confusion for parts 121 and 135 operators. Supporters, including
Harris and Ameristar, emphasized that adoption of the proposal would
ensure operators could capitalize on the experience, ability, and
expertise of retired or semi-retired pilots who may not be able to
qualify for a medical certificate. Ameristar contended that utilizing
the check airmen and instructors in a non-required flightcrew member
role provides benefits, including, for
[[Page 51419]]
example, providing: (1) an additional person on the flight deck who
understands the systems, procedures, and regulatory requirements and
(2) an additional person to evaluate the improvement of teaching and
checking techniques. Because that person is an additional and not a
required flightcrew member, the lack of a medical certificate in that
role would not necessarily degrade safety, as the person would not be
in control of the aircraft. A couple of commenters went on to stress,
though, that if check airmen or flight instructors were serving as
required crewmembers, then they should possess the appropriate medical
certificate to serve in the requisite capacity. Harris noted that the
ability to utilize pilots for longer periods as check pilots would
relieve the burden from the local Flight Standards District Office
(FSDO).\21\
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\21\ Checks may be given by the Administrator or an authorized
check pilot; therefore, where a check pilot is unavailable, an FAA
Aviation Safety Inspector (ASI) at a FSDO would give the appropriate
check. The FAA notes that one commenter who supported the proposal
as providing clarity and efficiency also questioned why check pilots
must be approved or authorized by the Administrator. Because this
responsibility is delegated to a person outside the FAA, the
Administrator must ensure that the check pilot and flight
instructors demonstrate the ability to perform check and instruction
functions.
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2. Requests for Clarifications and Suggestions
Several commenters suggested clarifications to the proposed
regulatory text, asked specific questions and/or hypothetical scenarios
to ensure understanding of the proposal, or requested additional relief
for check pilots and flight instructors. This section responds to such
comments.
First, one commenter asked the FAA to clarify when a check pilot
would be a required flightcrew member. The commenter stated there are a
number of operators who fly Caravan and Pilatus series aircraft in
commercial operations, which are examples of specific aircraft that are
certified to fly in commercial operations using a single pilot. The
commenter further stated that if a check pilot were to give a check
ride in one of these aircraft and the flight was flown under visual
flight rules (VFR) flight with the applicant wearing a view limiting
device, then the check pilot would be considered an essential
flightcrew member even though the type certificate for the aircraft
does not require a second pilot. The commenter asked for additional
clarification to the regulation to explicitly allow a check pilot
without a medical certificate to serve as a safety pilot while
simultaneously conducting a check ride in an aircraft certified to be
used in commercial operations using a single pilot. The commenter
explained that, if needed, the check ride could be conducted or
mandated to be flown in VFR conditions if there was any concern with
the applicant wearing a view-limiting device, adding that while the
flight may be conducted while adhering to part 135 rules for the
purposes of the check ride, the flight could be legally flown under
part 91.
As discussed in section IV.A. of this preamble, a person is a
required flightcrew member in two scenarios: where the operating rule
or the aircraft's type certificate requires the person to be a required
flightcrew member. In the commenter's hypothetical, the person would be
required to hold a medical certificate in accordance with the
privileges of the certificate they were exercising. Therefore, as the
example provides in that section, the safety pilot would be exercising
the privileges of a private pilot certificate and would require at
least a third-class medical certificate. The FAA recognizes that the
currently situated regulations indicate that, in this case, a safety
pilot would be required to hold a first- or second-class medical
certificate. As discussed, the FAA has removed that language in the
adoption of this final rule; the pilot certificate that is required for
the specific operation (whether that be by regulation or type
certificate) controls what medical certificate is necessary for the
pilot to hold.
The same commenter also asked the FAA to consider extending the
rulemaking further to remove the general requirement that FAA aviation
safety inspectors (ASIs) possess second-class medical certificates, as
advertised by FAA ASI job solicitations. The commenter stated that ASI
positions that involve simulator-only operations should be given the
same consideration that check pilot, check FE, and flight instructor
positions were given in this proposal (i.e., to not require that they
hold medical certificates). The commenter explained that an ASI is not
normally acting as a required crewmember, and there is no need for an
ASI to hold a medical certificate if the ASI is overseeing an airline
designating a new check pilot or renewing a check pilot. The commenter
asked if, assuming all the other requisites for that type of ASI job
announcement are met, the FAA could consider removing the requirement
that ASIs hold medical certificates for ASIs involving simulator
operations so that the FAA could access the same highly experienced
pilot pool as is discussed in the proposal concerning check pilots and
flight instructors.
The FAA acknowledges this comment, but changes to the FAA's hiring
parameters and qualifications are outside the scope of this rulemaking.
FAA requirements for ASIs are internal requirements specific to the
FAA's employees rather than regulations on the public. Such internal
FAA requirements are not subject to rulemaking nor public notice and
comment.
Two individuals commented on requirements where a check pilot would
be only occupying the jump seat. One of the individuals stated that the
medical certification requirements should only be specific to or
differentiate between the position of the check pilot: for example, a
jump seat or a simulator. The FAA maintains that the differentiation
between the requisite medical certificates should not be driven by the
pilot's physical position in the aircraft but rather by their duties.
The implementation of a rule only applicable to a certain location or
seat could not be applicable to every contemplated aircraft that may be
used in a part 121 or part 135 operation. Specifically, a check pilot
may be checking a pilot in an aircraft that does not have a jump seat.
Or, an aircraft may be type certificated for one pilot, and the
regulations do not require more than one, in which case the check pilot
could occupy the right seat to carry out the check. Therefore, it is
inappropriate to regulate based solely on the physical location of the
check pilot, check FE, or flight instructor and, for the reasons
discussed in this preamble, more appropriate to ensure the pilot
possesses the corresponding medical certificate required to perform the
duties of the position that pilot is performing.
Next, one commenter asked whether a person would need to hold a
medical certificate if that person was a check pilot or flight
instructor who was the sole person on board with the ability to
maintain the flight.
The FAA assumes that the commenter is alluding to a scenario in
which a flight departs with a pilot serving as PIC in a single pilot
operation with a check pilot on board conducting a check, subsequent to
which the pilot experiences an incapacitating event and the check pilot
is therefore required to fly the aircraft. While it is possible that a
scenario such as the commenter raised could occur, the required
flightcrew determination that check pilots rely on is made prior to
takeoff based on the type certificate for the aircraft or the
regulations governing the flight. In a hypothetical emergency
situation, the
[[Page 51420]]
primary concern would be the safety of the persons on board the
aircraft and landing the aircraft; a medical certificate (or lack
thereof) should not prevent a check pilot or flight instructor from
mitigating a safety situation. Therefore, the FAA does not intend to
make amendments to the regulations beyond what was in the NPRM.
Ameristar requested clarification regarding the recency of
experience and training requirements. Specifically, Ameristar asked
that the FAA state whether a flight instructor who is not a required
crewmember must meet the recency of experience requirements of Sec.
121.412(b)(6). Ameristar believes that the instructor would not need to
meet those requirements as long as he or she meets all of the other
requirements of Sec. 121.412.
Section 121.412 contains the qualification requirements for persons
serving as flight instructors under part 121. Among these requirements,
Sec. 121.412(b)(6) requires part 121 flight instructors to, with
respect to the airplane type involved, meet the recency of experience
requirements of Sec. 121.439, as applicable. The FAA notes that the
same requirement would apply to check pilots and check FEs under part
121, as Sec. 121.411 requires check pilots to meet the recency of
experience requirements of Sec. 121.439, as applicable. The recent
experience requirements in Sec. 121.439 apply only to ``required pilot
flightcrew members.'' Therefore, for flight instructors, check FEs, and
check pilots in aircraft who are not serving as required flightcrew
members, the recency of flight experience requirements of Sec. 121.439
\22\ are not applicable. This same concept applies to the recency of
flight experience requirements in part 135. In other words, for part
135, a certificate holder may only use a check airman or flight
instructor as a required flightcrew member serving as PIC carrying
passengers if the person has satisfied the recency of experience
requirements of Sec. 135.247. Because these regulations set forth the
conditions under which a pilot or FE must meet the recency of
experience, the FAA does not find these provisions (i.e., Sec. Sec.
121.411(b)(6), 121.412(b)(6), 135.337(b)(6), and 135.338(b)(6))
required. The FAA expects these revisions to succinctly set forth the
expectations for recency of experience. See section IV.A. of this
preamble for additional discussion on the removal of these paragraphs.
---------------------------------------------------------------------------
\22\ The FAA notes that this may seem inconsistent with recency
of experience requirements set forth in current Sec. Sec.
121.411(f) and 121.412(f) (redesignated in this final rule as
paragraph (d) for each section), which are required of simulator
check airmen or flight instructors regardless of whether the person
is a required crewmember or not. In other words, check pilots and
flight instructors who are conducting checks or instruction in only
simulators must meet certain recency requirements (i.e., fly at
least two flight segments as a required crewmember for the type of
airplane in the 12 month period preceding the performance of any
check airman duty in a full flight simulator (FFS) or satisfactorily
complete a line-observation program within the period prescribed by
that program preceding the performance of any check airman duty in
an FFS). The recency of experience requirements for check airmen and
flight instructors who only conduct operations in FFS ensure that
these persons are adequately familiarized with a real-time flight
environment. The same reasoning applies in part 135 (i.e., current
Sec. Sec. 135.337(f) and 135.338(f)).
---------------------------------------------------------------------------
Finally, Ameristar stated that it believed that the authorization
to conduct training or checking without a medical certificate should be
delineated to (1) line checks pursuant to Sec. 121.440, where the PIC
being checked is currently qualified as a pilot in command and is not
out of currency, and (2) refresher training under Sec.
121.434(h)(4)(ii) or other training required by a training program that
requires an observation by an aircraft instructor or check pilot where
the individual is otherwise qualified to be a required crewmember.
Ameristar recommended limiting the allowance of checking or training
without a medical certificate in part 121 to the line check requirement
in Sec. 121.440 and the refresher training in Sec. 121.434 (or
similar observational training) only. The FAA emphasizes that, as
previously discussed, Sec. Sec. 121.411 and 121.412 are currently
implemented so as to not require a medical certificate when a check
pilot or flight instructor is not serving as a required flightcrew
member. This final rule merely clarifies, but does not change, the
current implementation of those requirements. It is not the FAA's
intention to limit the authorization to conduct training or checking
without a medical certificate further, nor does the FAA find it
appropriate to do so. If the check pilot and flight instructor
conducting their duties under Sec. 121.440 or Sec. 121.434 are not
required crewmembers, then they would not be required to hold a medical
certificate.
3. Opposition to Rule
Two anonymous commenters explicitly disagreed with the proposal.
One commenter expressed a lack of understanding as to why check pilots
should be exempt from medical certificate requirements, opining that it
could be dangerous to other people on the flight if they relied on the
check pilot and a medical situation were to happen. The second
commenter believed that lowering the certifications would add to
general aviation community fears, especially as it pertained to flight
paths of commuter aircraft.
As discussed in the NPRM, given the contradictory provisions in
parts 121 and 135 regarding medical certification, the FAA currently
implements Sec. Sec. 121.411, 121.412, 135.337, and 135.338 under the
least burdensome provision such that parts 121 and 135 check pilots and
flight instructors are not required to hold a medical certificate
unless serving as required flightcrew members. In other words, this
final rule maintains the status quo of medical certificates in current
practice. Given the length of time and lack of safety data to support
more stringent medical certificate requirements on these persons, the
FAA has no basis upon which to conclude that this final rule would
create an adverse impact on safety. The required flightcrew, who are
responsible for the safe conduct of the flight, will continue to hold
the appropriate medical certificates as required by Sec. 61.23.
Further, when a check pilot or flight instructor is serving as a
required flightcrew member (i.e., at the controls as required by
regulation or type certificate), that check pilot or flight instructor
must be fully qualified to serve as PIC \23\ to include the requirement
to hold a first- or second-class medical certificate, as appropriate,
under Sec. 61.23. In other words, they are not exempt from any medical
certificate requirement. The only time a check pilot, check FE, or
flight instructor is not required to hold a medical certificate is when
they are not serving as a required flightcrew member; in that case,
they are not needed for the conduct of the flight, and the person or
persons operating the flight in that scenario would be fully qualified
to conduct the operation. Eliminating the requirement that a check
pilot, check FE, or flight instructor hold a medical certificate when
they are not serving as a required flightcrew member will have no
impact on risk to safety because aircraft will continue to operate
using required flightcrew members who satisfy the necessary training
and qualification requirements, including the requirement to hold an
appropriate medical certificate. Therefore, while the FAA is revising
some regulatory text from that proposed in the NPRM, as
[[Page 51421]]
explained in this preamble, the FAA is moving forward with the removal
of certain inconsistent text to make clear no medical certificate is
required for certain persons.
---------------------------------------------------------------------------
\23\ See Sec. Sec. 121.411(b)(1); 121.412(b)(1); 135.337(b)(1);
and 135.338(b)(1). The FAA notes that a check pilot and flight
instructor must hold the airman certificates and ratings required to
serve as a PIC in operations under part 121 or 135, as applicable,
regardless of whether they are a required flightcrew member.
---------------------------------------------------------------------------
D. Miscellaneous Amendments
1. Part 121
The FAA notes that it did not propose changes to certain
terminology in part 121 of the NPRM. However, given the proposed
changes in part 135, the FAA finds that it would introduce confusion to
have references to ``check airmen'' and ``check pilots,'' which could
indicate the two have different meanings when that may not be the
intent. Therefore, the FAA is adopting nonsubstantive rule terminology
changes in part 121 of this final rule. Specifically, ``check airmen''
is changed to ``check pilot'' and/or ``check flight engineer'' (as
applicable \24\) in the plural and singular. Currently, the term
``check airmen'' applies to both check pilots and check FEs. While
there are similarities between the required training, qualification,
and duties of check pilots and check FEs, there are many distinctive
requirements. For example, a check pilot evaluates pilots operating the
flight controls of an airplane, while a check FE evaluates FEs managing
airplane systems. Using ``check airmen'' to describe both check pilots
and check FEs can lead to confusion or misapplication of the
regulations. Additionally, some provisions in subparts N and O of part
121 use the term ``pilot check airman,'' while other provisions in
subparts N and O use the term ``check pilot.'' The FAA considers these
two terms synonymous, but using two different terms can create
confusion and inconsistent application.
---------------------------------------------------------------------------
\24\ There are certain instances in part 121 where ``check
airman'' directs action only on a pilot or a flight engineer, not
both. For example, Sec. 121.413(e) sets forth initial and
transition flight training specific to check pilots and check flight
engineers. In these instances, the appropriate replacement is made.
---------------------------------------------------------------------------
Additionally, the term ``simulator'' is changed to ``FSTD.''
Specifically, where the regulations reference a flight simulator or a
flight training device together, the correct terminology is ``flight
simulation training device'' or ``FSTD,'' given the definition of a
flight simulation training device in 14 CFR 1.1.\25\ This revision does
not result in any substantive change to the regulations; rather, it
simply condenses regulatory text. The following table sets forth the
specific revised regulatory citations.
---------------------------------------------------------------------------
\25\ Specifically, an FSTD is defined as a full flight simulator
or a flight training device. Additionally, the FAA notes that a
flight simulation training device is abbreviated ``FSTD'' pursuant
to 14 CFR 1.2.
Table 3--Terminology Changes in Part 121
------------------------------------------------------------------------
Affected regulations in this final
Revision rule (14 CFR)
------------------------------------------------------------------------
``Check airman'' to ``check Sec. Sec. 121.401(a)(1), (c), and
pilot'' and/or ``check flight (e); 121.407(a)(5); 121.408(d) and
engineer''. (d)(1); 121.411(a)(1) and (2), (b),
(b)(1) and (5), (d), (d)(1) and
(2); 121.413(a), (a)(1), (c)(1),
(d)(1) and (2); 121.414(a)(2);
121.434(d); 121.439(b)(1) and (e);
121.440(b)(1) and (c)(1);
121.441(b)(2); 121.445(d)(2);
121.915(b)(2)(iii); 121.919(e);
appendix E to part 121, II.(f) and
IV.(j); appendix F to part 121, V.,
freestanding paragraph after
(d)(2); appendix H to part 121 3.,
4., and 5.
``Check airmen'' to ``check Sec. Sec. 121.401(a)(4);
pilots'' and/or ``check flight 121.402(b)(4); 121.411 heading;
engineers''. 121.411(a)(3); 121.413 heading;
121.413(c), (c)(7), (d), (d)(2),
(e), (e)(3) and (4), (g), and (h);
appendix H to part 121 intro
paragraph and 5.
``Simulator'' to ``FSTD''......... Sec. Sec. 121.411(a)(1) and (2),
(d), (d)(1) and (2); 121.412(a)(1)
and (2), (d), (d)(1) and (2);
121.413(a)(2), (c)(7) and (7)(iv),
(d)(2) and (2)(iv), (f), (g)(1) and
(2), and (h); and 121.414(a)(2),
(c)(8) and (8)(iv), (d)(2) and
(2)(iv), (f), (g), (g)(1) and (2),
and (h).
------------------------------------------------------------------------
2. Part 135
The FAA did not receive any comments on its proposed part 135
terminology changes as discussed in the NPRM. Specifically, the FAA
proposed to change ``check airman'' to ``check pilot,'' in the singular
and plural, as well as changing ``flight simulator'' to ``FSTD,'' \26\
where appropriate, and adopts these revisions in this final rule. The
following table sets forth the specific revised regulatory citations.
---------------------------------------------------------------------------
\26\ The FAA notes that the regulations refer to check pilot and
flight instructor duties only in flight simulator in Sec.
135.337(f)(1) and (2) and Sec. 135.338(f)(1) and (2). However, in
practice, these regulations apply to any checking and instruction in
flight training devices, as well.
Table 4--Terminology Changes in Part 135
------------------------------------------------------------------------
Revision Affected regulations (14 CFR)
------------------------------------------------------------------------
``Check airman'' to ``check Sec. Sec. 135.113; 135.297(c)(2);
pilot''. 135.323(a)(1) and (c);
135.337(a)(1), (a)(2), (b), (b)(1),
(b)(6), (d), (d)(1), and (d)(2);
135.339(a), (a)(1), (c)(1), and
(d); 135.340(a)(2).
``Check airmen'' to ``check pilots Sec. Sec. 135.321(a)(2);
and check flight engineers''. 135.323(a)(4); 135.324(b)(4);
135.337 heading; 135.337(a)(3);
135.339 heading; 135.339(c), (d),
(e), and (g).
``Simulator'' to ``FSTD''......... Sec. Sec. 135.323(a)(4);
135.337(a)(1), (a)(2), (d), (d)(1),
and (d)(2); 135.338(a)(1), (a)(2),
(d), (d)(1), and (d)(2); 135.339
heading; 135.339(g); and
135.340(g).
------------------------------------------------------------------------
3. Removal of Certain Dated Provisions
During the pendency of this rulemaking, the FAA noted several
provisions in parts 121 and 135 that direct action or remove action
after a certain date that has since passed. As a result, these
provisions are unnecessary and may be removed without any substantive
effect. The FAA notes that, while these removals were not included in
the NPRM to this Final Rule, they are purely editorial revisions in
nature that do not result in additional or lesser requirements on the
regulated community.
First, in December 1995, the FAA published the Air Carrier and
Commercial Operator Training Programs final rule.\27\ This created a
rule (Sec. 121.404) with compliance
[[Page 51422]]
requirements for flight crewmembers, flight attendants, and aircraft
dispatchers to have received Crew Resource Management (CRM) or Dispatch
Resource Management (DRM) initial training by certain dates (i.e.,
after March 19, 1998 and after March 19, 1999). Because these dates
have passed, the FAA removes references to the expired compliance dates
from Sec. 121.404 in this final rule.
---------------------------------------------------------------------------
\27\ Air Carrier and Commercial Operator Training Programs, 60
FR 65940 (Dec. 20, 1995).
---------------------------------------------------------------------------
Next, in November 2013, the FAA issued the Qualification, Service,
and Use of Crewmembers and Aircraft Dispatchers final rule.\28\ That
rule prescribed a compliance date of March 12, 2019, for certain
provisions. Because March 12, 2019, has passed, the FAA is removing
references to that expired compliance date, as well as certain
requirements in part 121 subparts N and O that have expired.
Specifically, the following paragraphs list a compliance date of March
12, 2019, as an outgrowth of that rule. Because these regulations are
now in effect and do not require an explicit compliance date, the
following paragraphs are revised or removed, as appropriate,\29\ from
the regulations:
---------------------------------------------------------------------------
\28\ Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers, 78 FR 67800 (Nov. 12, 2013).
\29\ Some paragraphs are only utilized to set forth the
compliance date; these paragraphs are removed in their entirety
(e.g., Sec. 121.413(i)). Other paragraphs set forth the compliance
date among other text within the paragraph; these paragraphs are
revised to remove only the compliance date phrasing (e.g., Sec.
121.407(e)).
<bullet> Sec. 121.403(b)(2);
<bullet> Sec. 121.407(e);
<bullet> Sec. 121.408(f);
<bullet> Sec. 121.409(b)(ii)(A); \30\
---------------------------------------------------------------------------
\30\ The compliance date for Sec. 121.407(b)(2)(ii)(B)(6) has
passed and, therefore, the requirement to provide an opportunity for
each PIC to demonstrate leadership and command skills as part of
LOFT is currently in effect. Therefore, the introductory text in
paragraph (b)(2)(ii)(B) is rendered unnecessary, and the list of
(b)(2)(ii)(B)(1) through (6) becomes (b)(2)(ii)(A) through (F).
---------------------------------------------------------------------------
<bullet> Sec. 121.413(i);
<bullet> Sec. 121.414(i);
<bullet> Sec. 121.415(k);
<bullet> Sec. 121.419(f);
<bullet> Sec. 121.423(f);
<bullet> Sec. 121.424(f);
<bullet> Sec. 121.427(f);
<bullet> Sec. 121.433(d); \31\
---------------------------------------------------------------------------
\31\ The elimination of the compliance date in Sec. 121.433
resulted in the removal of paragraph (d) in its entirety. As a
result, Sec. 121.433(e) is redesignated to Sec. 121.433(d). In
turn, this final rule makes a conforming amendment in Sec.
121.427(e)(1)(ii)(B) to correct the cross-reference of Sec.
121.433(e) to (d).
---------------------------------------------------------------------------
<bullet> Sec. 121.441(a)(1);
<bullet> Sec. 121.544;
<bullet> Appendix E to part 121, I.(c), I.(d), II.(c), and IV.(d)(2);
<bullet> Appendix F to part 121, I.(c), I.(d)(2), II.(c)(2), and
V.(c)(2);
<bullet> Appendix H to part 121, 6.
Finally, in February 2020, the FAA issued the Pilot Professional
Development final rule.\32\ That rule included April 27, 2022, or April
27, 2023, as a compliance date for certain provisions in part 121. For
other provisions in part 121, the rule included April 27, 2022, as an
expiration date. The FAA removes references to the April 27, 2022,
compliance dates as well as any requirements in part 121 subpart N and
appendix E to part 121 that expired on April 27, 2022. This revision
includes the removal of reference to the April 27, 2022, compliance
date in corresponding parts 91 and 135 that refer to part 121
certificate holders, specifically, Sec. Sec. 91.1063 and 135.3.
Furthermore, the FAA removes references to the April 27, 2023,
compliance date, as air carriers are already in compliance with the
provisions tied to that compliance date.
---------------------------------------------------------------------------
\32\ Pilot Professional Development, 85 FR 10896 (Feb. 25,
2020).
---------------------------------------------------------------------------
The following paragraphs are revised or removed, as
appropriate,\33\ from the regulations:
---------------------------------------------------------------------------
\33\ Some paragraphs are only utilized to set forth the
compliance date; these paragraphs are removed in their entirety
(e.g., Sec. 121.420(c)). Other paragraphs set forth the compliance
date among other text within the paragraph; these paragraphs are
revised to remove only the compliance date phrasing (e.g., Sec.
121.429(a)).
<bullet> Sec. 91.1063(b)(2)(i) and (ii);
<bullet> Sec. 121.409(b)(2)(ii)(B)(6); \34\
---------------------------------------------------------------------------
\34\ To note, Sec. 121.409(b)(2)(ii)(B)(6) is redesignated as
Sec. 121.409(b)(2)(ii)(F), as discussed in footnote 27 of this
preamble. As a result of the redesignation, the FAA made a
conforming amendment to Sec. 135.3(d)(2) to revise the cross
reference in that section to the updated citation of Sec.
121.409(b)(2)(ii)(F).
---------------------------------------------------------------------------
<bullet> Sec. 121.415(e)(2);
<bullet> Sec. 121.419(c) and (g);
<bullet> Sec. 121.420(c);
<bullet> Sec. 121.424(b) and (g);
<bullet> Sec. 121.426(d);
<bullet> Sec. 121.429(a); and
<bullet> Sec. 135.3(d)(1) and (2).
V. Regulatory Notices and Analyses
Federal agencies consider the impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rules that include a Federal mandate that may
result in the expenditure by State, local, and Tribal governments, in
the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $183 million using the most
current (2023) Implicit Price Deflator for the Gross Domestic Product.
In conducting these analyses, the FAA has determined that this
final rule will: (1) have savings and no additional costs, (2) not be
an economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866 as amended by Executive Order 14094, (3)
not have a significant economic impact on a substantial number of small
entities, (4) not create unnecessary obstacles to the foreign commerce
of the United States, and (5) not impose an unfunded mandate on State,
local, or Tribal governments, or on the private sector by exceeding the
threshold identified above.
A. Regulatory Evaluation
As previously discussed, the FAA has determined the changes in this
final rule will have no adverse impact on safety. The FAA has
determined that allowing parts 121 and 135 check pilots and parts 121
and 135 flight instructors to perform their functions in an airplane
without a medical certificate (unless they are required flightcrew
members) has no negative effect on safety. Further, pilots serving as
required flightcrew members must be fully qualified to serve as such
and must have the appropriate medical certificate. If a check pilot or
flight instructor is not a required flightcrew member, they are not
necessary for the operation, and the flight may proceed whether or not
they are present. The FAA's current application of the regulations to
allow check pilots, check FEs, and flight instructors to serve without
medical certificates if not serving as required flightcrew members has
caused no degradation in the safe operation of aircraft. Conversely,
requiring a medical certificate for check pilots, check FEs, and flight
instructors who are not serving as required flightcrew members would
result in an unnecessary burden.
As of January 2020, there are approximately 1,069 part 135 check
[[Page 51423]]
pilots.\35\ Of these 1,069 part 135 check pilots, there are roughly 532
part 135 check pilots who do not hold a medical certificate. In the
NPRM, the FAA estimated cost savings from enabling check pilots who do
not hold a medical certificate to perform their duties in an aircraft.
The FAA requested additional information and data on the expanded
opportunities for affected check pilots but did not receive additional
information or data. The final rule instead clarifies that check pilots
who are otherwise qualified and are not serving as required flightcrew
are already exempt from having to hold a medical certificate as a
matter of FAA policy (see section III. of this preamble, which
explained that the FAA gave force and effect to the most relieving
provision by not requiring flight instructors and check airmen
performing their respective duties in aircraft to hold any medical
certificate when not serving as a required flightcrew member). Since
these check pilots can already perform their duties in an aircraft, the
FAA does not estimate cost savings in this final rule but notes that
the clarification could provide minimal cost savings.
---------------------------------------------------------------------------
\35\ National Vital Information Subsystem (NVIS) database,
January 2020. All estimates of affected check pilots reported in
this section are based on information from FAA's Air Transportation
Division and the National Vital Information Subsystem (NVIS)
database.
---------------------------------------------------------------------------
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 (Pub. L. 96-354,
codified at 5 U.S.C. 601 et seq.), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) and the
Small Business Jobs Act of 2010 (Pub. L. 111-240), requires Federal
agencies to consider the effects of the regulatory action on small
entities and to minimize any significant economic impact. The term
``small entities'' includes small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities,
section 605(b) of the RFA provides that the head of the agency may so
certify, and a regulatory flexibility analysis is not required.
This final rule clarifies that part 135 check pilots who do not
hold a current medical certificate but are otherwise qualified can
function as check pilots, check FEs, and flight instructors in
aircraft. This change could provide cost savings to a few part 135
check pilots without additional costs. The final rule also clarifies
related FAA regulations without substantive effect. Thus, the expected
outcome would be a small positive impact on any small entity affected
by this rulemaking action.
Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking will not result in a significant
economic impact on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that those international standards be the basis for U.S.
standards. The FAA has assessed the potential effect of this rule and
determined that it has only a domestic impact and, therefore, does not
present any obstacle to foreign commerce of the United States.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that this final rule will not result in
the expenditure of $183 million or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
The existing information collection associated with all check pilot
and flight instructor medical certificates in parts 121 and 135 was
approved under OMB control number 2120-0034. The information collection
is used to collect medical certificate information to determine whether
applicants are medically qualified to perform the duties associated
with the class of medical certificate sought. The FAA has determined
that removing the medical certificate requirement for part 135 check
pilots (aircraft) who are currently eligible for a medical certificate
but who may choose to allow their certificate to expire would result in
a negligible reduction in the information collection, as pilots serving
as a required flightcrew member would still need to maintain a valid
medical certificate. The FAA has determined that there is no reduction
in the information collection associated with part 121 check pilots and
flight instructors and part 135 flight instructors. The FAA has also
determined that there is no new requirement for information collection
associated with this rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from the preparation of an environmental assessment or
environmental impact statement under NEPA in the absence of
extraordinary circumstances. The FAA has determined this rulemaking
action qualifies for the categorical exclusion
[[Page 51424]]
identified in paragraph 5-6.6f for regulations and that no
extraordinary circumstances exist.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132. The FAA has determined that this action will not
have a substantial direct effect on the States, or the relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, this rule will not have federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures, the FAA ensures that Federally Recognized Tribes (Tribes)
are given the opportunity to provide meaningful and timely input
regarding Federal actions that have the potential to uniquely or
significantly affect their respective Tribes. The FAA has not
identified any unique or significant effects, environmental or
otherwise, on Tribes resulting from this final rule.
C. Executive Order 13211, Regulations that Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this rule under Executive Order 13211. The FAA has
determined that it is not a ``significant energy action'' under the
Executive order and is not likely to have a significant adverse effect
on the supply, distribution, or use of energy.
D. Executive Order 13609, Promoting International Regulatory
Cooperation and International Trade Analysis
Under Executive Order 13609, Promoting International Regulatory
Cooperation, agencies must consider whether the impacts associated with
significant variations between domestic and international regulatory
approaches are unnecessary or may impair the ability of American
businesses to export and compete internationally. In meeting shared
challenges involving health, safety, labor, security, environmental,
and other issues, regulatory approaches developed through international
cooperation can provide equivalent protection to standards developed
independently while also minimizing unnecessary differences. The FAA
has analyzed this action under the policies and agency responsibilities
of Executive Order 13609 and has determined that this action does not
affect international regulatory cooperation.
VII. How To Obtain Additional Information
A. Electronic Access and Filing
A copy of the notice of proposed rulemaking (NPRM), all comments
received, this final rule, and all background material may be viewed
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> using the docket number listed
above. A copy of this rule will be placed in the docket. Electronic
retrieval help and guidelines are available on the website. It is
available 24 hours each day, 365 days each year. An electronic copy of
this document may also be downloaded from the Office of the Federal
Register's website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the
Government Publishing Office's website at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A
copy may also be found on the FAA's Regulations and Policies website at
<a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket, notice, or amendment number of
this rulemaking.
All documents the FAA considered in developing this rule, including
economic analyses and technical reports, may be accessed in the
electronic docket for this rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">http://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects
14 CFR Part 91
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Transportation.
14 CFR Part 135
Air taxies, Aircraft, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C.
44703 note); articles 12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
2. Amend Sec. 91.1063 by revising paragraphs (b)(2)(i) and (ii) to
read as follows:
Sec. 91.1063 Testing and training: Applicability and terms used.
* * * * *
(b) * * *
(2) * * *
(i) Each program manager must include in upgrade ground training
for pilots, instruction in at least the subjects identified in Sec.
121.419(a) of this chapter, as applicable to their assigned duties;
and, for pilots serving in crews of two or more pilots, instruction and
facilitated discussion in the subjects identified in Sec. 121.419(c)
of this chapter.
(ii) Each program manager must include in upgrade flight training
for pilots, flight training for the maneuvers and procedures required
in Sec. 121.424(a), (c), (e), and (f) of this chapter; and, for pilots
serving in crews of two or more pilots, the flight training required in
Sec. 121.424(b) of this chapter.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
3. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat 62 (49 U.S.C. 44732
note); Pub. L.
[[Page 51425]]
115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).
0
4. Amend Sec. 121.401 by revising paragraphs (a)(1) and (4), (c), and
(e) and removing the undesignated text following paragraph (e) to read
as follows:
Sec. 121.401 Training program: General.
(a) * * *
(1) Establish and implement a training program that satisfies the
requirements of this subpart and appendices E and F of this part and
that ensures that each crewmember, aircraft dispatcher, flight
instructor, check pilot, and check flight engineer is adequately
trained to perform his or her assigned duties. Prior to implementation,
the certificate holder must obtain initial and final FAA approval of
the training program.
* * * * *
(4) Provide enough flight instructors and approved check pilots and
check flight engineers to conduct the flight training and checks
required under this part.
* * * * *
(c) Each instructor, supervisor, check pilot, or check flight
engineer who is responsible for a particular ground training subject,
segment of flight training, course of training, flight check, or
competence check under this part shall certify as to the proficiency
and knowledge of the crewmember, aircraft dispatcher, flight
instructor, check pilot, or check flight engineer concerned upon
completion of that training or check. That certification shall be made
a part of the crewmember's or dispatcher's record. When the
certification required by this paragraph is made by an entry in a
computerized recordkeeping system, the certifying instructor,
supervisor, check pilot, or check flight engineer must be identified
with that entry. However, the signature of the certifying instructor,
supervisor, check pilot, or check flight engineer is not required for
computerized entries.
* * * * *
(e) A person who progresses successfully through flight training;
is recommended by his instructor, check pilot, or check flight
engineer; and successfully completes the appropriate flight check for a
check pilot, check flight engineer, or the Administrator need not
complete the programmed hours of flight training for the particular
airplane. However, whenever the Administrator finds that 20 percent of
the flight checks given at a particular training base during the
previous 6 months under this paragraph are unsuccessful, this paragraph
may not be used by the certificate holder at that base until the
Administrator finds that the effectiveness of the flight training there
has improved.
0
5. Amend Sec. 121.402 by revising paragraph (b)(4) to read as follows:
Sec. 121.402 Training program: Special rules.
* * * * *
(b) * * *
(4) Has sufficient instructors, check pilots, and check flight
engineers qualified under the applicable requirements of Sec. Sec.
121.411 or 121.412 to provide training, testing, and checking to
persons subject to the requirements of this subpart.
0
6. Amend Sec. 121.403 by revising paragraph (b)(2) to read as follows:
Sec. 121.403 Training program: Curriculum.
* * * * *
(b) * * *
(2) A list of all the training equipment approved under Sec.
121.408 as well as other training aids that the certificate holder will
use.
* * * * *
0
7. Revise Sec. 121.404 to read as follows:
Sec. 121.404 Crew and dispatcher resource management training.
No certificate holder may use a person as a flightcrew member,
flight attendant, or aircraft dispatcher unless that person has
completed approved crew resource management (CRM) or dispatcher
resource management (DRM) initial training, as applicable, with that
certificate holder or with another certificate holder.
0
8. Amend Sec. 121.407 by revising paragraphs (a)(5) and (e) to read as
follows:
Sec. 121.407 Training program: Approval of flight simulation training
devices.
(a) * * *
(5) Have a daily discrepancy log kept with each discrepancy entered
in that log by the appropriate instructor, check pilot, or check flight
engineer at the end of each training or check flight.
* * * * *
(e) An FFS approved under this section must be used instead of the
airplane to satisfy the pilot flight training requirements prescribed
in the extended envelope training set forth in Sec. 121.423 of this
part.
0
9. Amend Sec. 121.408 by:
0
a. Revising paragraphs (d) introductory text and (d)(1), and
0
b. Removing paragraph (f).
The revisions read as follows:
Sec. 121.408 Training equipment other than flight simulation training
devices.
* * * * *
(d) All training equipment must have a record of discrepancies. The
documenting system must be readily available for review by each
instructor, check pilot, check flight engineer, or supervisor prior to
conducting training or checking with that equipment.
(1) Each instructor, check pilot, check flight engineer or
supervisor conducting training or checking, and each person conducting
an inspection of the equipment who discovers a discrepancy, including
any missing, malfunctioning, or inoperative components, must record a
description of that discrepancy and the date that the discrepancy was
identified.
* * * * *
0
10. Amend Sec. 121.409 by revising and republishing paragraph
(b)(2)(ii) to read as follows:
Sec. 121.409 Training courses using flight simulation training
devices.
* * * * *
(b) * * *
(2) * * *
(ii) Line-oriented flight training (LOFT) that--
(A) Utilizes a complete flight crew;
(B) Includes at least the maneuvers and procedures (abnormal and
emergency) that may be expected in line operations;
(C) Includes scenario-based or maneuver-based stall prevention
training before, during or after the LOFT scenario for each pilot;
(D) Is representative of two flight segments appropriate to the
operations being conducted by the certificate holder;
(E) Provides an opportunity to demonstrate workload management and
pilot monitoring skills; and
(F) Provides an opportunity for each pilot in command to
demonstrate leadership and command skills.
* * * * *
0
11. Revise Sec. 121.411 to read as follows:
Sec. 121.411 Qualifications: Check pilots and check flight engineers.
(a) For the purposes of this part:
(1) A check pilot (airplane) or check flight engineer (airplane) is
a person who is qualified, and permitted, to conduct flight checks or
instruction in an airplane for a particular type airplane.
(2) A check pilot (FSTD) or check flight engineer (FSTD) is a
person who is qualified to conduct flight checks or instruction-only in
an FSTD for a particular type airplane.
(3) Check pilots and check flight engineers are those persons who
perform the functions described in Sec. 121.401(a)(4).
[[Page 51426]]
(b) No certificate holder may use a person, nor may any person
serve as a check pilot or check flight engineer in a training program
established under this subpart unless, with respect to the airplane
type involved, that person--
(1) Holds the pilot certificates and ratings required to serve as a
pilot in command or a flight engineer certificate, as applicable, in
operations under this part;
(2) Has satisfactorily completed the appropriate training phases
for the airplane, including recurrent training, that are required to
serve as a pilot in command or flight engineer, as applicable, in
operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
flight checks that are required to serve as a pilot in command or
flight engineer, as applicable, in operations under this part;
(4) Has satisfactorily completed the applicable training
requirements of Sec. 121.413; and
(5) Has been approved by the Administrator for the check pilot or
check flight engineer duties involved.
(c) Completion of the requirements in paragraphs (b)(2), (3), and
(4) of this section, as applicable, shall be entered in the
individual's training record maintained by the certificate holder.
(d) A check pilot (FSTD) and check flight engineer (FSTD) must
accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type airplane involved within the 12-month period preceding the
performance of any check pilot or check flight engineer duty in an
FSTD; or
(2) Satisfactorily complete an approved line-observation program
within the period prescribed by that program and that must precede the
performance of any check pilot or check flight engineer duty in an
FSTD.
(e) The flight segments or line-observation program required in
paragraph (d) of this section are considered to be completed in the
month required if completed in the calendar month before or in the
calendar month after the month in which it is due.
(f) A person who serves as a required flightcrew member while
performing check pilot or check flight engineer duties must also meet
the requirements of this chapter for the duty position in which they
are serving.
0
12. Revise Sec. 121.412 to read as follows:
Sec. 121.412 Qualifications: Flight instructors.
(a) For the purposes of this part:
(1) A flight instructor (airplane) is a person who is qualified to
instruct in an airplane for a particular type airplane.
(2) A flight instructor (FSTD) is a person who is qualified to
instruct only in an FSTD for a particular type airplane.
(3) Flight instructors are those instructors who perform the
functions described in Sec. 121.401(a)(4).
(b) No certificate holder may use a person nor may any person serve
as a flight instructor in a training program established under this
subpart unless, with respect to the airplane type involved, that
person--
(1) Holds the pilot certificates and rating required to serve as a
pilot in command or a flight engineer certificate, as applicable, in
operations under this part;
(2) Has satisfactorily completed the appropriate training phases
for the airplane, including recurrent training, that are required to
serve as a pilot in command or flight engineer, as applicable, in
operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
flight checks that are required to serve as a pilot in command or
flight engineer, as applicable, in operations under this part;
(4) Has satisfactorily completed the applicable training
requirements of Sec. 121.414.
(c) Completion of the requirements in paragraphs (b) (2), (3), and
(4) of this section, as applicable, shall be entered in the
individual's training record maintained by the certificate holder.
(d) A flight instructor (FSTD) must accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type of airplane within the 12-month period preceding the
performance of any flight instructor duty in an FSTD; or
(2) Satisfactorily complete an approved line-observation program
within the period prescribed by that program preceding the performance
of any flight instructor duty in an FSTD.
(e) The flight segments or line-observation program required in
paragraph (d) of this section is considered completed in the month
required if completed in the calendar month before, or the calendar
month after the month in which it is due.
(f) A person who serves as a required flightcrew member while
performing flight instructor duties must also meet the requirements of
this chapter for the duty position in which they are serving.
0
13. Revise Sec. 121.413 to read as follows:
Sec. 121.413 Initial, transition and recurrent training and checking
requirements: Check pilots and check flight engineers.
(a) No certificate holder may use a person nor may any person serve
as a check pilot or check flight engineer unless--
(1) That person has satisfactorily completed initial or transition
check pilot or check flight engineer training, as applicable; and
(2) Within the preceding 24 calendar months, that person
satisfactorily conducts a check or supervises operating experience
under the observation of an FAA inspector or an aircrew designated
examiner employed by the operator. The observation check may be
accomplished in part or in full in an airplane and in an FSTD.
(b) The observation check required by paragraph (a)(2) of this
section is considered to have been completed in the month required if
completed in the calendar month before, or the calendar month after,
the month in which it is due.
(c) The initial ground training for check pilots or check flight
engineers must include the following, as applicable:
(1) Check pilot or check flight engineer duties, functions, and
responsibilities.
(2) The applicable Code of Federal Regulations and the certificate
holder's policies and procedures.
(3) The appropriate methods, procedures, and techniques for
conducting the required checks.
(4) Proper evaluation of student performance, including the
detection of--
(i) Improper and insufficient training; and
(ii) Personal characteristics of an applicant that could adversely
affect safety.
(5) The appropriate corrective action in the case of unsatisfactory
checks.
(6) The approved methods, procedures, and limitations for
performing the required normal, abnormal, and emergency procedures in
the airplane.
(7) For check pilots or check flight engineers who conduct training
or checking in an FSTD, the following subjects specific to the
device(s) for the airplane type:
(i) Proper operation of the controls and systems;
(ii) Proper operation of environmental and fault panels;
(iii) Data and motion limitations of simulation; and
[[Page 51427]]
(iv) The minimum airplane simulator equipment required by this part
or part 60 of this chapter for each maneuver and procedure completed in
an FSTD.
(d) The transition ground training for check pilots or check flight
engineers must include the following:
(1) The approved methods, procedures, and limitations for
performing the required normal, abnormal, and emergency procedures
applicable to the airplane to which the check pilot or check flight
engineer is transitioning.
(2) For check pilots or check flight engineers who conduct training
or checking in an FSTD, the following subjects specific to the
device(s) for the airplane type to which the check pilot or check
flight engineer is transitioning:
(i) Proper operation of the controls and systems;
(ii) Proper operation of environmental and fault panels;
(iii) Data and motion limitations of simulation; and
(iv) The minimum airplane simulator equipment required by this part
or part 60 of this chapter for each maneuver and procedure completed in
an FSTD.
(e) The initial and transition flight training for check pilots
(airplane) and check flight engineers (airplane) must include the
following:
(1) The safety measures for emergency situations that are likely to
develop during a check.
(2) The potential results of improper, untimely, or non-execution
of safety measures during a check.
(3) For check pilots (airplane)--
(i) Training and practice in conducting flight checks from the left
and right pilot seats in the required normal, abnormal, and emergency
procedures to ensure competence to conduct the pilot flight checks
required by this part; and
(ii) The safety measures to be taken from either pilot seat for
emergency situations that are likely to develop during a check.
(4) For check flight engineers (airplane), training to ensure
competence to perform assigned duties.
(f) The requirements of paragraph (e) of this section may be
accomplished in full or in part inflight and in an FSTD, as
appropriate.
(g) The initial and transition flight training for check pilots or
check flight engineers who conduct training or checking in an FSTD must
include the following:
(1) Training and practice in conducting flight checks in the
required normal, abnormal, and emergency procedures to ensure
competence to conduct the flight checks required by this part. This
training and practice must be accomplished in an FSTD.
(2) Training in the operation of FSTDs to ensure competence to
conduct the flight checks required by this part.
(h) Recurrent ground training for check pilots or check flight
engineers who conduct training or checking in an FSTD must be completed
every 12 calendar months and must include the subjects required in
paragraph (c)(7) of this section.
0
14. Amend Sec. 121.414 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(2), (c)(8) introductory text and (c)(8)(iv),
(d)(2) introductory text and (d)(2)(iv), (f), (g), and (h), and
0
c. Removing paragraph (i).
The revisions read as follows:
Sec. 121.414 Initial, transition and recurrent training and checking
requirements: Flight instructors.
(a) * * *
(2) Within the preceding 24 calendar months, that person
satisfactorily conducts instruction under the observation of an FAA
inspector, an operator check pilot, a check flight engineer, or an
aircrew designated examiner employed by the operator, as appropriate.
The observation check may be accomplished in part or in full in an
airplane and an FSTD.
* * * * *
(c) * * *
(8) For flight instructors who conduct training in an FSTD, the
following subjects specific to the device(s) for the airplane type:
* * * * *
(iv) The minimum airplane simulator equipment required by this part
121 or part 60 of this chapter for each maneuver and procedure
completed in an FSTD.
(d) * * *
(2) For flight instructors who conduct training in an FSTD, the
following subjects specific to the device(s) for the airplane type to
which the flight instructor is transitioning:
* * * * *
(iv) The minimum airplane simulator equipment required by this part
or part 60 of this chapter for each maneuver and procedure completed in
an FSTD.
* * * * *
(f) The requirements of paragraph (e) of this section may be
accomplished in full or in part inflight and in an FSTD, as
appropriate.
(g) The initial and transition flight training for flight
instructors who conduct training in an FSTD must include the following:
(1) Training and practice in the required normal, abnormal, and
emergency procedures to ensure competence to conduct the flight
instruction required by this part. This training and practice must be
accomplished in full or in part in an FSTD.
(2) Training in the operation of FSTDs to ensure competence to
conduct the flight instruction required by this part.
(h) Recurrent flight instructor ground training for flight
instructors who conduct training in an FSTD must be completed every 12
calendar months and must include the subjects required in paragraph
(c)(8) of this section.
0
15. Amend Sec. 121.415 by:
0
a. Revising paragraph (e), and
0
b. Removing paragraph (k).
The revision reads as follows:
Sec. 121.415 Crewmember and dispatcher training program requirements.
* * * * *
(e) Upgrade training as specified in Sec. Sec. 121.420 and 121.426
for a particular type airplane may be included in the training program
for flightcrew members who have qualified and served as second in
command pilot on that airplane.
* * * * *
0
16. Amend Sec. 121.419 by:
0
a. Revising paragraphs (c) and (f); and
0
b. Removing paragraph (g).
The revisions read as follows:
Sec. 121.419 Pilots and flight engineers: Initial, transition,
conversion and upgrade ground training.
* * * * *
(c) In addition to the requirements in paragraph (a) or (b) of this
section, as applicable, initial ground training for pilots in command
must include instruction and facilitated discussion on the following:
* * * * *
(f) Initial programmed hours applicable to pilots as specified in
paragraphs (d) and (e) of this section must include 2 additional hours
to meet the requirements in paragraphs (a)(2)(xi) and (xii) of this
section.
Sec. 121.420 [Amended]
0
17. Amend Sec. 121.420 by removing paragraph (c).
Sec. 121.423 [Amended]
0
18. Amend Sec. 121.423 by removing paragraph (f).
0
19. Amend Sec. 121.424 by:
0
a. Revising paragraph (b), and
0
b. Removing paragraphs (f) and (g).
The revision reads as follows:
Sec. 121.424 Pilots: Initial, transition, conversion, and upgrade
flight training.
* * * * *
[[Page 51428]]
(b) In addition to the requirements in paragraph (a) of this
section, initial flight training for pilots in command must include
sufficient scenario-based training incorporating CRM and leadership and
command skills to ensure the pilot's proficiency as pilot in command.
The training required by this paragraph (b) may be completed inflight
or in an FSTD.
* * * * *
Sec. 121.426 [Amended]
0
20. Amend Sec. 121.426 by removing paragraph (d).
0
21. Amend Sec. 121.427 by revising paragraphs (e)(1)(ii)(B) and (f) to
read as follows:
Sec. 121.427 Recurrent training.
* * * * *
(e) * * *
(1) * * *
(ii) * * *
(B) Satisfactory completion of a proficiency check may be
substituted for recurrent flight training as permitted in Sec.
121.433(c) and (d).
* * * * *
(f) Recurrent programmed hours applicable to pilots as specified in
paragraph (c)(1) of this section must include 30 additional minutes to
meet the requirements in paragraph (e)(1)(i) of this section.
0
22. Amend Sec. 121.429 by revising the introductory text of paragraph
(a) to read as follows:
Sec. 121.429 Pilots in command: Leadership and command and mentoring
training.
(a) No certificate holder may use a pilot as pilot in command in an
operation under this part unless the pilot has completed the following
ground training in accordance with the certificate holder's approved
training program:
* * * * *
0
23. Amend Sec. 121.433 by revising paragraph (d) and removing
paragraph (e) to read as follows:
Sec. 121.433 Training required.
* * * * *
(d) Notwithstanding paragraph (c)(2) of this section, a proficiency
check as provided in Sec. 121.441 may not be substituted for the
extended envelope training required by Sec. 121.423 or training in
those maneuvers and procedures set forth in a certificate holder's
approved low-altitude windshear flight training program when that
program is included in a recurrent flight training course as required
by Sec. 121.409(d).
0
24. Amend Sec. 121.434 by revising the introductory text of paragraph
(d) to read as follows:
Sec. 121.434 Operating experience, operating cycles, and
consolidation of knowledge and skills.
* * * * *
(d) A flight engineer must perform the duties of a flight engineer
under the supervision of a check flight engineer or a qualified flight
engineer for at least the following number of hours:
* * * * *
0
25. Amend Sec. 121.439 by revising paragraphs (b)(1) and (e) to read
as follows:
Sec. 121.439 Pilot qualification: Recent experience.
* * * * *
(b) * * *
(1) Under the supervision of a check pilot, make at least three
takeoffs and landings in the type airplane in which that person is to
serve or in a Level B or higher FFS.
* * * * *
(e) A check pilot who observes the takeoffs and landings prescribed
in paragraph (b)(1) of this section shall certify that the person being
observed is proficient and qualified to perform flight duty in
operations under this part and may require any additional maneuvers
that are determined necessary to make this certifying statement.
* * * * *
0
26. Amend Sec. 121.440 by revising paragraphs (b)(1) and (c)(1) to
read as follows:
Sec. 121.440 Line checks.
* * * * *
(b) * * *
(1) Be given by a check pilot who is currently qualified on both
the route and the airplane; and
* * * * *
(c) * * *
(1) Be given by a check pilot who is currently qualified on the
airplane; and
* * * * *
0
27. Amend Sec. 121.441 by revising paragraphs (a)(1)(i) and (ii) and
(b)(2) to read as follows:
Sec. 121.441 Proficiency checks.
(a) * * *
(1) * * *
(i) A proficiency check within the preceding 12 calendar months in
the aircraft type in which the person is to serve and,
(ii) In addition, within the preceding 6 calendar months, either a
proficiency check or the approved FFS course of training.
* * * * *
(b) * * *
(2) It must be given by the Administrator or a check pilot.
* * * * *
0
28. Amend Sec. 121.445 by revising paragraph (d)(2) to read as
follows:
Sec. 121.445 Pilot in command airport qualification: Special areas
and airports.
* * * * *
(d) * * *
(2) By flying over a route or area as pilot in command under the
supervision of a check pilot using the special type of navigation
system.
* * * * *
0
29. Revise Sec. 121.544 to read as follows:
Sec. 121.544 Pilot monitoring.
Each pilot who is seated at the pilot controls of the aircraft
while not flying the aircraft must accomplish pilot monitoring duties
as appropriate in accordance with the certificate holder's procedures
contained in the manual required by Sec. 121.133.
0
30. Amend Sec. 121.915 by revising paragraph (b)(2)(iii) to read as
follows:
Sec. 121.915 Continuing qualification curriculum.
* * * * *
(b) * * *
(2) * * *
(iii) During the line checks required under paragraph (b)(2)(i) and
(ii) of this section, each person performing duties as a pilot in
command, second in command, or flight engineer for that flight must be
individually evaluated to determine whether the person remains
adequately trained and currently proficient with respect to the
particular aircraft, crew position, and type of operation in which he
or she serves; and the person has sufficient knowledge and skills to
operate effectively as part of a crew. The evaluator must be a check
pilot, check flight engineer, an APD, or an FAA inspector and must hold
the certificates and ratings required of the pilot in command.
* * * * *
0
31. Amend Sec. 121.919 by revising paragraph (e) to read as follows:
Sec. 121.919 Certification.
* * * * *
(e) The applicant has been trained to proficiency on the
certificate holder's approved AQP Qualification Standards as witnessed
by an instructor, check pilot, check flight engineer, or APD and has
passed an LOE administered by an APD or the FAA.
[[Page 51429]]
0
32. Amend Appendix E to part 121 by:
0
a. Revising paragraphs I.(c) and (d) in the table;
0
b. Revising paragraphs II.(c) and (f) in the table; and
0
c. Revising paragraphs IV.(d) and (j) in the table.
The revisions read as follows:
Appendix E to Part 121--Flight Training Requirements
* * * * *
* * * * * * *
I. * * *
(c) Taxiing. This maneuver
includes the following:
(1) Taxiing, sailing, I, T, U, C.........
and docking procedures
in compliance with
instructions issued by
ATC or by the person
conducting the
training.
(2) Use of airport I, T, U, C.........
diagram (surface
movement chart).
(3) Obtaining I, T, U, C.........
appropriate clearance
before crossing or
entering active
runways.
(4) Observation of all I, T, U, C.........
surface movement
guidance control
markings and lighting.
(d) Pre-takeoff ................... .................. I, T, U, C........
procedures that
include powerplant
checks, receipt of
takeoff clearance and
confirmation of
aircraft location, and
FMS entry (if
appropriate) for
departure runway prior
to crossing hold short
line for takeoff.
* * * * * * *
II. * * *
(c) Crosswind takeoffs, I, T, U, C.........
including crosswind
takeoffs with gusts if
practicable under the
existing meteorological,
airport, and traffic
conditions.
* * * * * * *
(f) Night takeoffs. For I, T, U, C.........
pilots in transition
training, this requirement
may be met during the
operating experience
required under Sec.
121.434 by performing a
normal takeoff at night
when a check pilot serving
as PIC is occupying a
pilot station.
* * * * * * *
IV. * * *
(d) Crosswind landing, I, T, U, C.........
including crosswind
landings with gusts if
practicable under the
existing meteorological,
airport, and traffic
conditions.
* * * * * * *
(j) Night landings. For I, T, U, C.........
pilots in transition
training, this requirement
may be met during the
operating experience
required under Sec.
121.434 by performing a
normal landing at night
when a check pilot serving
as PIC is occupying a
pilot station.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
33. Amend Appendix F to part 121 by:
0
a. Revising paragraph I.(c) and (d) in the table;
0
b. Revising paragraph II.(c)(2) in the table;
0
c. Revising paragraph V.(c) and the text in the row beneath paragraph
V.(d)(2) in the table.
The revisions read as follows:
Appendix F to Part 121--Proficiency Check Requirements
* * * * *
* * * * * * *
I. * * *
(c) Taxiing. This maneuver includes the .......... B
following: (1) Taxiing, sailing, or docking
procedures in compliance with instructions
issued by ATC or by the person conducting the
check. (2) Use of airport diagram (surface
movement chart). (3) Obtaining appropriate
clearance before crossing or entering active
runways. (4) Observation of all surface
movement guidance control markings and
lighting. SIC proficiency checks for a type
rating must include taxiing. However, other SIC
proficiency checks need only include taxiing to
the extent practical from the seat position
assigned to the SIC............................
(d) Pre-takeoff procedures that include .......... .......... B
powerplant checks, receipt of takeoff clearance
and confirmation of aircraft location, and FMS
entry (if appropriate), for departure runway
prior to crossing hold short line for takeoff..
* * * * * * *
II. * * *
(c) Crosswind. One crosswind takeoff with gusts, .......... B*
if practicable, under the existing
meteorological, airport, and traffic conditions
* * * * * * *
V. * * *
[[Page 51430]]
(c) Crosswind landing with gusts, if practicable .......... B*
under existing meteorological, airport, and
traffic conditions.............................
(d) * * *.......................................
Notwithstanding the requirements of subparagraphs
(d)(1) and (2) of this paragraph, for an SIC
proficiency check, except for an SIC proficiency
check for a type rating, the simulated loss of
power may be only the most critical powerplant. In
addition, a PIC may omit the maneuver required by
subparagraph (d)(1) or (d)(2) of this paragraph
during a required proficiency check or FFS course
of training if the PIC satisfactorily performed
that maneuver during the preceding proficiency
check, or during the preceding approved FFS course
of training under the observation of a check pilot,
whichever was completed later.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
34. In appendix H to part 121 amend the section Advanced Simulation
Training Program by revising the introductory text and paragraphs 3.,
4., 5., and 6. o read as follows:
Appendix H to Part 121--Advanced Simulation
Advanced Simulation Training Program
For a certificate holder to conduct Level C or D training under
this appendix, all required FFS instruction and checks must be
conducted under an advanced simulation training program approved by
the Administrator for the certificate holder. This program must also
ensure that all instructors, check pilots, and check flight
engineers used in Appendix H training and checking are highly
qualified to provide the training required in the training program.
The advanced simulation training program must include the following:
* * * * *
3. Documentation that each instructor and check pilot has served
for at least 1 year in that capacity in a certificate holder's
approved program or has served for at least 1 year as a pilot in
command or second in command in an airplane of the group in which
that pilot is instructing or checking.
4. A procedure to ensure that each instructor, check pilot, and
check flight engineer-actively participates in either an approved
regularly scheduled line flying program as a flightcrew member or an
approved line observation program in the same airplane type for
which that person is instructing or checking.
5. A procedure to ensure that each instructor, check pilot, and
check flight engineer-is given a minimum of 4 hours of training each
year to become familiar with the certificate holder's advanced
simulation training program, or changes to it, and to emphasize
their respective roles in the program. Training for instructors,
check pilots, and check flight engineers must include training
policies and procedures, instruction methods and techniques,
operation of FFS controls (including environmental and trouble
panels), limitations of the FFS, and minimum equipment required for
each course of training.
6. A special Line-Oriented Flight Training (LOFT) program to
facilitate the transition from the FFS to line flying. This LOFT
program must consist of at least a 4-hour course of training for
each flightcrew. It also must contain at least two representative
flight segments of the certificate holder's operations. One of the
flight segments must contain strictly normal operating procedures
from pushback at one airport to arrival at another. Another flight
segment must contain training in appropriate abnormal and emergency
flight operations. The LOFT must provide an opportunity for the
pilot to demonstrate workload management and pilot monitoring
skills.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
35. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
36. Amend Sec. 135.3 by revising paragraphs (d)(1) and (2) to read as
follows:
Sec. 135.3 Rules applicable to operations subject to this part.
* * * * *
(d) * * *
(1) Upgrade training. (i) Each certificate holder must include in
upgrade ground training for pilots, instruction in at least the
subjects identified in Sec. 121.419(a) of this chapter, as applicable
to their assigned duties; and, for pilots serving in crews of two or
more pilots, instruction and facilitated discussion in the subjects
identified in Sec. 121.419(c) of this chapter.
(ii) Each certificate holder must include in upgrade flight
training for pilots, flight training for the maneuvers and procedures
required in Sec. 121.424(a), (c), (e), and (f) of this chapter; and,
for pilots serving in crews of two or more pilots, the flight training
required in Sec. 121.424(b) of this chapter.
(2) Initial and recurrent leadership and command and mentoring
training. Certificate holders are not required to include leadership
and command training in Sec. Sec. 121.409(b)(2)(ii)(F), 121.419(c)(1),
121.424(b) and 121.427(d)(1) of this chapter and mentoring training in
Sec. Sec. 121.419(c)(2) and 121.427(d)(1) of this chapter in initial
and recurrent training for pilots in command who serve in operations
that use only one pilot.
* * * * *
0
37. Revise Sec. 135.113 to read as follows:
Sec. 135.113 Passenger occupancy of pilot seat.
No certificate holder may operate an aircraft type certificated
after October 15, 1971, that has a passenger seating configuration,
excluding any pilot seat, of more than eight seats if any person other
than the pilot in command, a second in command, a company check pilot,
or an authorized representative of the Administrator, the National
Transportation Safety Board, or the United States Postal Service
occupies a pilot seat.
0
38. Amend Sec. 135.297 by revising paragraph (c)(2) to read as
follows:
Sec. 135.297 Pilot in command: Instrument proficiency check
requirements.
* * * * *
(c) * * *
(2) The instrument proficiency check must be given by an authorized
check pilot or by the Administrator.
* * * * *
0
39. Amend Sec. 135.321 by revising paragraph (a)(2) to read as
follows:
Sec. 135.321 Applicability and terms used.
(a) * * *
(2) Each certificate holder for establishing and maintaining an
approved training program for crewmembers, check pilots and
instructors, and other operations personnel employed or used by that
certificate holder; and
* * * * *
0
40. Amend Sec. 135.323 by revising paragraphs (a)(1) and (4), and (c)
to read as follows:
[[Page 51431]]
Sec. 135.323 Training program: General.
(a) * * *
(1) Establish and implement a training program that satisfies the
requirements of this subpart and that ensures that each crewmember,
aircraft dispatcher, flight instructor, and check pilot is adequately
trained to perform his or her assigned duties. Prior to implementation,
the certificate holder must obtain initial and final FAA approval of
the training program.
* * * * *
(4) Provide enough flight instructors, check pilots, and FSTD
instructors to conduct required flight training and flight checks and
FSTD training courses allowed under this subpart.
* * * * *
(c) Each instructor, supervisor, or check pilot who is responsible
for a particular ground training subject, segment of flight training,
course of training, flight check, or competence check under this part
shall certify as to the proficiency and knowledge of the crewmember,
flight instructor, or check pilot concerned upon completion of that
training or check. That certification shall be made a part of the
crewmember's record. When the certification required by this paragraph
is made by an entry in a computerized recordkeeping system, the
certifying instructor, supervisor, or check pilot, must be identified
with that entry. However, the signature of the certifying instructor,
supervisor, or check pilot is not required for computerized entries.
* * * * *
0
41. Amend Sec. 135.324 by revising paragraph (b)(4) to read as
follows:
Sec. 135.324 Training program: Special rules.
* * * * *
(b) * * *
(4) Has sufficient instructor and check pilots qualified under the
applicable requirements of Sec. Sec. 135.337 through 135.340 to
provide training, testing, and checking to persons subject to the
requirements of this subpart.
0
42. Revise Sec. 135.337 to read as follows:
Sec. 135.337 Qualifications: Check pilots.
(a) For the purposes of this part:
(1) A check pilot (aircraft) is a person who is qualified to
conduct flight checks in an aircraft for a particular type aircraft.
(2) A check-pilot (FSTD) is a person who is qualified to conduct
flight checks only in an FSTD for a particular type aircraft.
(3) Check pilots are those persons who perform the functions
described in Sec. Sec. 135.321(a) and 135.323(a)(4) and (c).
(b) No certificate holder may use a person, nor may any person
serve as a check pilot in a training program established under this
subpart unless, with respect to the aircraft type involved, that
person--
(1) Holds the pilot certificates and ratings required to serve as a
pilot in command in operations under this part;
(2) Has satisfactorily completed the appropriate training phases
for the aircraft, including recurrent training, that are required to
serve as a pilot in command in operations under this part;
(3) Has satisfactorily completed the proficiency or competency
checks that are required to serve as a pilot in command in operations
under this part;
(4) Has satisfactorily completed the applicable training
requirements of Sec. 135.339;
(5) Has been approved by the Administrator for the check pilot
duties involved.
(c) Completion of the requirements in paragraphs (b)(2), (3), and
(4) of this section, as applicable, shall be entered in the
individual's training record maintained by the certificate holder.
(d) A check pilot (FSTD) must accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved within the 12-month
period preceding the performance of any check-pilot duty in an FSTD; or
(2) Satisfactorily complete an approved line-observation program
within the period prescribed by that program and that must precede the
performance of any check pilot duty in an FSTD.
(e) The flight segments or line-observation program required in
paragraph (d) of this section are considered to be completed in the
month required if completed in the calendar month before or the
calendar month after the month in which they are due.
(f) A person who serves as a required flightcrew member while
performing check pilot duties must also meet the requirements of this
chapter for the duty position in which they are serving.
0
43. Revise Sec. 135.338 to read as follows:
Sec. 135.338 Qualifications: Flight instructors.
(a) For the purposes of this part:
(1) A flight instructor (aircraft) is a person who is qualified to
instruct in an aircraft for a particular type, class, or category
aircraft.
(2) A flight instructor (FSTD) is a person who is qualified to
instruct only in an FSTD for a particular type, class, or category
aircraft.
(3) Flight instructors are those instructors who perform the
functions described in Sec. Sec. 135.321(a) and 135.323(a)(4) and (c).
(b) No certificate holder may use a person, nor may any person
serve as a flight instructor in a training program established under
this subpart unless, with respect to the type, class, or category
aircraft involved, that person--
(1) Holds the pilot certificates and ratings required to serve as a
pilot in command in operations under this part;
(2) Has satisfactorily completed the appropriate training phases
for the aircraft, including recurrent training, that are required to
serve as a pilot in command in operations under this part;
(3) Has satisfactorily completed the proficiency or competency
checks that are required to serve as a pilot in command in operations
under this part;
(4) Has satisfactorily completed the applicable training
requirements of Sec. 135.340.
(c) Completion of the requirements in paragraphs (b)(2), (3), and
(4) of this section shall be entered in the individual's training
record maintained by the certificate holder.
(d) A flight instructor (FSTD) must accomplish the following--
(1) Fly at least two flight segments as a required crewmember for
the type, class, or category aircraft involved within the 12-month
period preceding the performance of any flight instructor duty in an
FSTD; or
(2) Satisfactorily complete an approved line-observation program
within the period prescribed by that program preceding the performance
of any flight instructor duty in an FSTD.
(e) The flight segments or line-observation program required in
paragraph (d) of this section are considered completed in the month
required if completed in the calendar month before, or in the calendar
month after, the month in which they are due.
(f) A person who serves as a required flightcrew member while
performing flight instructor duties must also meet the requirements of
this chapter for the duty position in which they are serving.
0
44. Amend Sec. 135.339 by revising paragraphs (a) introductory text,
(a)(1), (c) introductory text, (c)(1), (d), (e) introductory text and
(g) introductory text to read as follows:
Sec. 135.339 Initial and transition training and checking: Check
pilots.
(a) No certificate holder may use a person nor may any person serve
as a check pilot unless--
[[Page 51432]]
(1) That person has satisfactorily completed initial or transition
check pilot training; and
* * * * *
(c) The initial ground training for check pilots must include the
following:
(1) Check pilot duties, functions, and responsibilities.
* * * * *
(d) The transition ground training for check pilots must include
the approved methods, procedures, and limitations for performing the
required normal, abnormal, and emergency procedures applicable to the
aircraft to which the check pilot is in transition.
(e) The initial and transition flight training for check pilots
(aircraft) must include the following--
* * * * *
(g) The initial and transition flight training for check pilots
(FSTD) must include the following:
* * * * *
0
45. Amend Sec. 135.340 by revising paragraph (a)(2) and paragraph (g)
introductory text to read as follows:
Sec. 135.340 Initial and transition training and checking: Flight
instructors.
(a) * * *
(2) Within the preceding 24 calendar months, that person
satisfactorily conducts instruction under the observation of an FAA
inspector, an operator check pilot, or an aircrew designated examiner
employed by the operator. The observation check may be accomplished in
part or in full in an aircraft, in a flight simulator, or in a flight
training device.
* * * * *
(g) The initial and transition flight training for a flight
instructor (FSTD) must include the following:
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a)(5),
and 44705 in Washington, DC.
Michael Gordon Whitaker,
Administrator, Federal Aviation Administration.
[FR Doc. 2024-12621 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-13-P
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