[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Proposed Rules]
[Page 5805-5854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe07-32]
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Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 61, 91 and 141
Pilot, Flight Instructor, and Pilot School Certification; Proposed Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 91, and 141
[Docket No. FAA-2006-26661; Notice No. 06-20]
RIN 2120-AI86
Pilot, Flight Instructor, and Pilot School Certification
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to amend the training, qualification,
certification, and operating requirements for pilots, flight
instructors, ground instructors, and pilot schools. These changes are
needed to clarify, update, and correct our existing regulations. These
changes are intended to ensure that flight crewmembers have the
training and qualifications to enable them to operate aircraft safely.
DATES: Send your comments to reach us on or before May 8, 2007.
ADDRESSES: You may send comments, identified by Docket Number FAA-2006-
26661, using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room PL-401 on the plaza level of
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification and
General Aviation Operations Branch, AFS-810, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
Telephone No. (202) 267-3844; e-mail john.d.lynch@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
http://dms.dot.gov.
Before acting on this proposal, we will consider all comments we
receive on or before the closing date for comments. We will consider
comments filed late if it is possible to do so without incurring
expense or delay. We may change this proposal in light of the comments
we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it to you.
II. Proprietary or Confidential Business Information
Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD-ROM, mark the outside of the disk or
CD-ROM and also identify electronically within the disk or CD-ROM the
specific information that is proprietary or confidential.
Under 14 CFR 11.35(b), when we are aware of proprietary information
filed with a comment, we do not place it in the docket. We hold it in a
separate file to which the public does not have access, and place a
note in the docket that we have received it. If we receive a request to
examine or copy this information, we treat it as any other request
under the Freedom of Information Act (5 U.S.C. 552). We process such a
request under the DOT procedures found in 49 CFR part 7.
III. Availability of Rulemaking Documents
(1) You can get an electronic copy using the Internet by: Searching
the Department of Transportation's electronic Docket Management System
(DMS) Web page at http://dms.dot.gov/search;
(2) Visiting the FAA's Regulations and Policies Web page at: http://www.faa.gov/regulations_policies
; or
(3) Accessing the Government Printing Office's Web page at: http://www.gpoaccess.gov/fr/index.html
.
You can also get a copy 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) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
IV. Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Sec. 106
describes the authority of the FAA Administrator, including the
authority to issue, rescind, and revise regulations. Subtitle VII,
Aviation
[[Page 5807]]
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Chapter 447--Safety Regulation. Under Sec.
44701, the FAA is charged with promoting safe flight of civil aircraft
in air commerce by prescribing regulations necessary for safety. Under
Sec. 44703, the FAA issues an airman certificate to an individual when
we find, after investigation, that the individual is qualified for, and
physically able to perform the duties related to, the position
authorized by the certificate. In this NPRM, we are proposing to amend
the training, qualification, certification, and operating requirements
for pilots, flight instructors, ground instructors, and pilot schools.
These changes are intended to ensure that flight crewmembers have
the training and qualifications to enable them to operate aircraft
safely. For this reason, the proposed changes are within the scope of
our authority and are a reasonable and necessary exercise of our
statutory obligations.
V. Background
On April 4, 1997, the FAA published a final rule amending the pilot
and flight instructor certification, training, and experience rules of
part 61, the ground instructor certification, training, and experience
rules of subpart I of part 61, and the certification rules of part 141
for FAA-approved pilot schools (See 62 FR 16220). Since that time, we
have determined that changes are needed to clarify and refine these
regulations and address problems discovered since we issued the final
rule. We also received a number of sound suggestions from the regulated
community through petitions for rulemaking, industry/agency meetings,
and requests for interpretation. Consequently, we are proposing
revisions and making clarifications under part 61 that pertain to
pilot, flight instructor, and ground instructor certification
requirements. We also are proposing to make revisions to part 141 and
its appendixes, which apply to FAA-approved pilot schools.
One significant proposal under this notice involves pilot and
flight instructor training and qualifications for operating with night
vision goggles (NVG). In February 2000, FAA Flight Standards Service
personnel and an FAA Aviation Rulemaking Advisory Committee (ARAC) met
in Washington, DC to discuss establishing requirements for pilot and
flight instructor training and qualifications for operating with night
vision goggles. The ARAC was convened because the FAA recognized the
use of NVGs had increased significantly--the cost of the equipment had
decreased and the equipment itself had become easier to use. Hence, the
aviation community asked the FAA to standardize the equipment and the
corresponding training programs. The information shared and the
decisions made from the February 2000 ARAC meeting are the basis for
these proposed NVG rules.
VI. Summary Table on the Proposed Changes
The table below lists the changes contained in this NPRM in order
of their Code of Federal Regulations (CFR) designations. The table is
organized as follows: The first column, identified as ``Proposal No.,''
refers to the paragraph number in the ``Description of Proposed
Changes'' portion of this preamble where a detailed discussion of the
proposed change appears. The second column gives the CFR designation of
the regulation we are proposing to change. The third column, identified
as ``Summary of the Proposed Changes,'' provides a brief summary of the
proposed amendment.
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Proposal No. CFR designation Summary of the proposed changes
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1.................................... Sec. 61.1(b)(15)..... Add a definition for the term ``night vision
goggles.''
2.................................... Sec. 61.1(b)(14)..... Add a definition for the term ``night vision
goggle operations.''
3.................................... Sec. 61.1(b)(2)(i)... Add the term ``current'' for the ground
instructor certificate under the definition of
authorized instructor.
3.................................... Sec. 61.1(b)(2)(ii).. Correct the term ``current'' and add the term
``valid'' for the flight instructor certificate
under the definition of authorized instructor.
3.................................... Sec. 61.1(b)(5)...... Add the definition of ``current'' to airman
certificates, ratings, and authorizations,
which would mean the pilot has met the
appropriate recent flight experience
requirements of part 61 for the flight
operation being conducted and the pilot's
medical certificate has not expired, if a
medical certificate is required.
3.................................... Sec. 61.1(b)(22)..... Add the definition of ``valid'' for airman
certificates, ratings, and authorizations,
which would mean the airmen certificate,
ratings, and authorizations have not been
surrendered, suspended, revoked, or expired.
3.................................... Sec. 61.3(a)(1)...... Add the qualifier ``current and valid.''
3.................................... Sec. 61.3(f)(2)(i) & Add the qualifier ``current and valid.''
(ii).
3.................................... Sec. 61.3(c)......... Add the qualifier ``current and valid.''
3.................................... Sec. 61.3(g)(2)(i), Add the qualifier ``current and valid.''
(ii).
4.................................... Sec. 61.3(j)(1)...... Delete the phrase ``Except as provided in
paragraph (j)(3) of this section.''
4.................................... Sec. 61.3(j)(3)...... Delete this provision because the dates have
passed.
5.................................... Sec. 61.19(b)........ Extend the duration period for student pilot
certificates for persons under the age of 40
years.
6.................................... Sec. 61.19(b)(3)..... Extend the duration period for student pilot
certificates for persons seeking the glider or
balloon rating to 36 calendar months.
7.................................... Sec. 61.19(d)........ Establish flight instructor certificates without
expiration dates.
8 & 81............................... Sec. 61.19(e)........ Parallel the ground instructor certificate
duration with the ground instructor currency
requirements in proposed Sec. 61.217.
9.................................... Sec. 61.23(a)(3)(iv)- Make minor editorial changes to the medical
(v). certificate requirements.
9.................................... Sec. 61.23(a)(3)(vii) Permit Examiners to hold only a 3rd class
medical certificate as already provided for in
FAA Order 8710.3D.
10................................... Sec. 61.23(b)(3)..... Clarify the no medical certificate requirement
for when persons are exercising the privileges
of their pilot certificate when operating a
balloon or a glider.
11................................... Sec. 61.23(b)(7)..... Clarify the no medical certificate requirement
for Examiners who are administering practical
tests in a glider, balloon, flight simulator,
or flight training device.
12................................... Sec. 61.23(b)(8)..... Clarify the no medical certificate requirement
when taking a practical test in a glider,
balloon, flight simulator, or flight training
device.
[[Page 5808]]
13................................... Sec. 61.23(b)(9)..... Add a provision excusing U.S. military pilots
from obtaining an FAA medical certification,
provided he or she holds a current medical
examination from a medical facility of the U.S.
Armed Forces and the flight does not involve a
flight in air transportation service under
parts 121, 125, or 135 of this chapter.
14................................... Sec. 61.29(d)(3)..... Delete the requirement that a person furnish
their social security number.
15................................... Sec. 61.31(d)(1)..... Make minor editorial change.
15................................... Sec. 61.31(d)(2)..... Delete existing paragraph (d)(2).
15................................... Sec. 61.31(d)(3)..... Re-designate existing paragraph (d)(3) as
paragraph (d)(2).
16................................... Sec. 61.31(l)........ Establish training for operating with night
vision goggles.
17................................... Sec. 61.35(a)(2)(iv). Clarify when a person must show their current
residential address when making application for
a knowledge test.
18................................... Sec. 61.39(b)(2)..... Delete the word ``scheduled'' in front of the
phrase ``U.S. military air transport
operations.''
3.................................... Sec. 61.39(c)(1)..... Add the qualifier ``valid.''
19................................... Sec. 61.39(c)(2)..... Delete the exception that an applicant does not
have to receive an instructor endorsement for
an additional aircraft class rating. Sections
61.39(a)(6) and 61.63(c) require an instructor
endorsement.
20................................... Sec. 61.39(d) & (e).. Change the phrase ``60 calendar days'' to read
``2 calendar months'' for the training required
prior to the practical test.
21................................... Sec. 61.43(a) and (b) Clarify when single pilot performance is
required on the practical test vs. permitting
issuance of the ``second in command''
limitation.
22................................... Sec. 61.45(a)(2)(iii) Define a military aircraft for the purpose of
using it for a practical test.
23................................... Sec. 61.45(c)........ Except gliders from the requirement that
aircraft used for a practical test must have
engine power controls and flight controls that
are easily reached and operable in a
conventional manner by both pilots.
24................................... Sec. 61.51(b)(3)(iv). Add a provision for logging night vision goggle
time.
27................................... Sec. 61.51(b)(1)(iv). Revise the instructions for logbook entries to
Sec. 61.51(b)(2)(v).. include personal computer aviation training
Sec. 61.51(b)(3)(iii) device (PCATD).
25................................... Sec. 61.51(e)(1)..... Correct an omission and permit airline transport
pilots (ATPs) to log pilot-in-command (PIC)
flight time.
26................................... Sec. 61.51(e)(1)(iv). Permit a pilot who is performing the duties of
PIC while under the supervision of a qualified
PIC to log PIC time.
27................................... Sec. 61.51(g)(4)..... Clarify use of flight simulator, flight training
device, PCATD to conform to current practice
and require that an instructor be present to
observe the session and sign the person's
logbook.
28................................... Sec. 61.51(j)........ Establish that an aircraft must hold an
airworthiness certificate, with some
exceptions, for a pilot to log flight time to
meet the certificate, rating, or recent flight
experience requirements under part 61.
29................................... Sec. 61.51(k)........ Add the criteria and standards for logging night
vision goggle time.
30................................... Sec. 61.57(c)(1)..... Revise the instrument recent flight experience
for maintaining instrument privileges in
airplanes, powered-lifts, helicopters, and
airships.
30................................... Sec. 61.57(c)(2)-(5). Permit the use of flight simulators, flight
training devices, or PCATD for performing
instrument recent flight experience.
30................................... Sec. 61.57(c)(6)..... Revise the instrument recent flight experience
for maintaining instrument privileges in
gliders.
31................................... Sec. 61.57(d)........ Clarify when an instrument proficiency check
must be completed to serve as the PIC under IFR
or in weather conditions less than the minimums
prescribed for VFR.
32................................... Sec. 61.57(f)........ Add a night vision goggle recent operating
experience requirement to remain PIC qualified
for night vision goggle operations.
33................................... Sec. 61.57(g)........ Add a night vision goggle proficiency check
requirement to remain PIC qualified for night
vision goggle operations.
34................................... Sec. 61.59(a)-(c).... Add clarifying language to address
falsification, reproduction, alteration and
incorrect statements.
35................................... Sec. 61.63........... Change the title to read ``Additional aircraft
ratings (other than for ratings at the airline
transport pilot certificate level).''
35................................... Sec. 61.63(c)(4)..... Clarify what is intended for those applicants
who hold only a lighter than air (LTA)-Balloon
rating and who seek an LTA-Airship rating.
35................................... Sec. 61.63(d)(5)..... Add a provision in subparagraph (5) to account
for aircraft not capable of instrument flight.
Parallels proposed Sec. 61.157(b)(3).
35................................... Sec. 61.63(e)........ Re-designate paragraph (h) as paragraph (e).
Amend the requirements for permitting use of
aircraft not capable of instrument flight for a
rating. Parallels proposed Sec. 61.157(g).
35................................... Sec. 61.63(f)........ Clarify that an applicant for type rating in a
multiengine, single seat airplane must meet the
requirements in the multi-seat version of that
type airplane, or the examiner must be in a
position to observe the applicant during the
practical test. Parallels proposed Sec.
61.157(h).
35................................... Sec. 61.63(g)........ Clarify that an applicant for type rating in a
single engine, single seat airplane may meet
the requirements in a multi-seat version of
that type airplane, or the examiner must be in
a position to observe the applicant during the
practical test. Parallels proposed Sec.
61.157(i).
36................................... Sec. 61.64........... Place the existing Sec. 61.63(e), (f), and (g)
and Sec. 61.157(g), (h), and (i) that address
the requirements for using flight simulators
and flight training devices into proposed Sec.
61.64
35................................... Sec. 61.63(h)........ Re-designate paragraph (k) as paragraph (h).
Clarify that certain tasks may be waived if the
FAA has approved the task to be waived to
parallel Sec. 61.157(m).
36................................... Sec. 61.64(a) and (b) Move Sec. 61.63(e) and Sec. 61.157(g) to
proposed Sec. 61.64. Simplify and amend the
requirements and limitations for use of a
flight simulator or flight training device for
an airplane rating.
36................................... Sec. 61.64(a)(2)(i) & Clarify that to use a flight simulator for
(ii). training and testing for the airplane category,
class, or type rating, the type rating cannot
contain the supervised operating experience
limitation.
[[Page 5809]]
36................................... Sec. 61.64(c) and (d) Move Sec. 61.63(f) and Sec. 61.157(h) to
proposed Sec. 61.64. Simplify and amend the
requirements and limitations for use of a
flight simulator or flight training device for
a helicopter rating.
36................................... Sec. 61.64(c)(2)(i) & Clarify that to use a flight simulator for
(ii). training and testing for the helicopter class
or type rating, the type rating cannot contain
the supervised operating experience limitation.
36................................... Sec. 61.64(e) and (f) Move Sec. 61.63(g) and Sec. 61.157(i) to
proposed Sec. 61.64. Simplify and amend the
requirements and limitations for use of a
flight simulator or flight training device for
a powered-lift rating.
36................................... Sec. 61.64(e)(2)(i) & Clarify that to use a flight simulator for
(ii). training and testing for the powered-lift
category or type rating, the type rating cannot
contain the supervised operating experience
limitation.
37................................... Sec. 61.65(d)........ Require at least 10 hours of cross-country time
as PIC to be in an airplane appropriate to the
instrument rating sought, so that it conforms
to the ICAO requirements for instrument rating.
37................................... Sec. 61.65(e)........ Require at least 10 hours of cross-country time
as PIC to be in a helicopter appropriate to the
instrument rating sought, so that it conforms
to the ICAO requirements for instrument rating.
37................................... Sec. 61.65(f)........ Require at least 10 hours of cross-country time
as PIC to be in a powered-lift appropriate to
the instrument rating sought, so that it
conforms to the ICAO requirements for
instrument rating.
37................................... Sec. 61.65(g)........ Make minor changes to address the usage of
flight simulator and flight training devices
for the instrument rating. Re-designate
paragraph (e) as paragraph (g).
38................................... Sec. 61.65(h)........ Permit the use of a PCATD to be used for 10
hours of instrument time.
3.................................... Sec. 61.69(a)(1)..... Require tow pilots' certificates to be ``current
and valid.''
39................................... Sec. 61.69(a)(4)..... Correct typographical error involving the word
``or.''
40................................... Sec. 61.69(a)(6)..... Increase the recent flight experience
requirements for tow pilots from 12 months to
24 months.
41................................... Sec. 61.73(b)........ Combine existing paragraphs (b), (c), and (d)
into proposed paragraph (b). Delete the
requirement that military pilots and former
military pilots must be on active flying status
within the past 12 months to qualify under
these special rules. Delete the requirement
that military pilots and former military pilots
must have PIC status to qualify for pilot
certification under these special rules. Also,
minor editorial changes.
41................................... Sec. 61.73(c)........ Delete paragraph (c). Propose that military
pilots of an Armed Force of a foreign
contracting State to ICAO qualify for U.S.
Commercial Pilot Certificates and ratings
provided they are assigned in an operational
U.S. military unit for other than for flight
training purposes.
41................................... Sec. 61.73(d)........ Re-designate paragraph (e) as (d). Minor
editorial changes.
41................................... Sec. 61.73(e)........ Re-designate paragraph (f) as (e). Minor
editorial changes.
41................................... Sec. 61.73(f)........ Re-designate paragraph (g) as (f). Delete the
phrase ``as pilot in command during the 12
calendar months before the month of
application.'' Minor editorial changes.
42................................... Sec. 61.73(g)........ Allow issuing flight instructor certificates and
ratings to military instructor pilots who
graduate from a U.S. military instructor pilot
school with an instructor pilot qualification.
43................................... Sec. 61.73(h)........ Clarify the evidentiary documents required to
qualify military pilots for a pilot certificate
and ratings under the special rules of Sec.
61.73 for military pilots.
44................................... Sec. 61.75(a)........ Require foreign pilot license to be at the level
of private pilot certificate or higher to be
issued a U.S. private pilot certificate. Change
the requirement for the foreign pilot
certificate from being ``current'' to
``valid.''
44................................... Sec. 61.75(b)........ Require foreign pilot license to be at the level
of private pilot certificate or higher to be
issued a U.S. private pilot certificate. Change
the requirement for the foreign pilot
certificate from being ``current'' to
``valid.''
3.................................... Sec. 61.75(b)(2)..... Require foreign pilot certificates to be
``valid.''
45................................... Sec. 61.75(b)(3)..... Add ``other than a U.S. student pilot
certificate.''
46................................... Sec. 61.75(c)........ Add the qualifier ``for private pilot privileges
only'' to clarify issuance of U.S. private
pilot certificates based on foreign pilot
licenses.
3.................................... Sec. 61.75(d)........ Add the qualifier ``valid.''
47................................... Sec. 61.75(e)........ Correct an error: where the rule states ``U.S.
private pilot certificate,'' it should state
``U.S. pilot certificate.''
47................................... Sec. 61.75(e)(1)..... Correct an error: where the rule states
``private pilot privilege,'' it should state
``pilot privileges authorized by this part and
the limitations placed on that U.S. pilot
certificate.''
47................................... Sec. 61.75(e)(4)..... Correct an error: where the rule states ``U.S.
private pilot certificate,'' it should state
``U.S. pilot certificate.''
47................................... Sec. 61.75(f)........ Correct an error: where the rule states ``U.S.
private pilot certificate,'' it should state
``U.S. pilot certificate'' in 2 places.
47................................... Sec. 61.75(g)........ Correct an error: where the rule states ``U.S.
private pilot certificate,'' it should state
``U.S. pilot certificate'' in 2 places.
48................................... Sec. 61.77(a)(2)..... Clarify who can be issued a special purpose
pilot authorization.
48................................... Sec. 61.77(b)(1)..... Clarify the requirements for issuance of a
special purpose pilot authorization.
3.................................... Sec. 61.77(b)(1)..... Require foreign pilot licenses to be ``current''
and ``valid.''
48................................... Sec. 61.77(b)(5)..... Delete a requirement that an applicant have
documentation of meeting the recent flight
experience requirements of part 61 to be issued
a special purpose pilot authorization.
49................................... Sec. 61.96(b)(9)..... Require an applicant for a recreational pilot
certificate to hold a student pilot
certificate.
50................................... Sec. Exclude aircraft that are certificated as
61.101(e)(1)(iii). rotorcraft from the 180 horsepower powerplant
limitation.
51................................... Sec. 61.103(j)....... Require a private pilot certificate applicant to
hold a valid student pilot certificate, or a
recreational pilot certificate.
52................................... Sec. 61.109(a)(5)(ii) Change the distance on a cross-country flight
for private pilot certification--single-engine
airplane rating from ``at least 50 nautical
miles'' to ``more than 50 nautical miles.''
52................................... Sec. 61.109(b)(5)(ii) Change the distance on a cross-country flight
for private pilot certification--multi-engine
airplane rating from ``at least 50 nautical
miles'' to ``more than 50 nautical miles.''
53................................... Sec. 61.109(c)(4)(ii) Change the distance on the solo cross-country
flight for private pilot certification--
helicopter rating to conform to ICAO
requirements. Change the distance on a cross-
country flight for private pilot certification--
helicopter rating from ``at least 25 nautical
miles'' to read ``more than 25 nautical
miles.''
[[Page 5810]]
54................................... Sec. 61.109(d)(5)(ii) Change the distance on the solo cross-country
flight for private pilot certification--
gyroplane rating to conform to ICAO
requirements. Change the distance on a cross-
country flight for private pilot certification--
gyroplane rating from ``at least 25 nautical
miles'' to read ``more than 25 nautical
miles.''
52................................... Sec. 61.109(e)(5)(ii) Change the distance on a cross-country flight
for private pilot certification--powered-lift
rating from ``at least 50 nautical miles'' to
``more than 50 nautical miles.''
55................................... Sec. 61.127(b)(4)(vi) Add ``ground reference maneuvers'' as an area of
operation for commercial pilot certification--
gyroplane rating.
56................................... Sec. Delete ``ground reference maneuvers'' for
61.127(b)(5)(vii). commercial pilot certification powered lift
rating.
57................................... Sec. 61.129(a)(3)(i). Clarify the instrument training tasks required
for commercial pilot certification--airplane
single-engine rating by requiring training
using a view-limiting device.
62................................... Sec. Allow the day cross-country flight for
61.129(a)(3)(iii). commercial pilot certification single-engine
airplane rating to be performed under visual
flight rules (VFR) or instrument flight rules
(IFR).
62................................... Sec. 61.129(a)(3)(iv) Allow the cross-country flight at night time for
commercial pilot certification airplane single-
engine rating to be performed under VFR or IFR.
64................................... Sec. 61.129(a)(4).... Permit training to be performed solo or with an
instructor onboard for commercial pilot
certification--airplane single-engine rating.
58................................... Sec. 61.129(b)(3)(i). Require instrument training tasks for commercial
pilot certification airplane multiengine rating
to include training using a view-limiting
device.
62................................... Sec. Allow the day cross-country flight for
61.129(b)(3)(iii). commercial pilot certification multiengine
airplane rating to be performed under VFR or
IFR.
62................................... Sec. 61.129(b)(3)(iv) Allow the cross-country flight at night time for
commercial pilot certification multiengine
airplane rating to be performed under VFR or
IFR.
62................................... Sec. 61.129(c)(3)(i). Reduce the hour requirements on the control and
maneuvering of a helicopter solely by reference
to instruments from 10 hours to 5 hours for
commercial pilot certification-helicopter
rating and permit it to be performed in an
aircraft, flight simulator, or flight training
device. Clarify the control and maneuvering of
a helicopter solely by reference to instruments
required for commercial pilot certification for
the helicopter rating must include training
using a view-limiting device.
62................................... Sec. 61.129(c)(3)(ii) Permit the day cross-country flight for
commercial pilot certification--helicopter
rating to be performed under VFR or IFR.
62................................... Sec. Permit the cross-country flight at night time
61.129(c)(3)(iii). for commercial pilot certification--helicopter
rating to be performed under VFR or IFR.
64................................... Sec. 61.129(c)(4).... Permit training for commercial pilot
certification helicopter rating to be performed
solo or with an instructor onboard.
60................................... Sec. 61.129(d)(3)(i). Reduce the instrument training for commercial
pilot certification--gyroplane rating to 2.5
hours on the control and maneuvering of a
gyroplane solely by reference to instrument and
permit it to be conducted in an aircraft,
flight simulator, or flight training device.
Clarify the control and maneuvering of a
gyroplane solely by reference to instrument
required for commercial pilot certification
gyroplane rating must include training using a
view-limiting device.
62................................... Sec. 61.129(d)(3)(ii) Allow the day cross-country flight for
commercial pilot certification gyroplane rating
to be performed under VFR or IFR.
63................................... Sec. Delete the requirement for a cross-country
61.129(d)(3)(iii). flight at night time for commercial pilot
certification--gyroplane rating and establish
it as ``At least two hours of flight training
during night-time conditions in a gyroplane at
an airport, that includes 10 takeoffs and 10
landings to a full stop (with each landing
involving a flight in the traffic pattern).''
64................................... Sec. 61.129(d)(4).... Permit training for commercial pilot
certification--gyroplane rating to be performed
solo or with an instructor onboard.
61................................... Sec. 61.129(e)(3)(i). Require that instrument training tasks for
commercial pilot certification--powered-lift
rating must include training using a view-
limiting device.
61................................... Sec. 61.129(e)(3)(ii) Permit the cross-country flight at night time
for commercial pilot certification--powered-
lift rating to be performed under VFR or IFR.
62................................... Sec. Permit the cross-country flight at night time
61.129(e)(3)(iii). for commercial pilot certification--powered-
lift rating to be performed under VFR or IFR.
64................................... Sec. 61.129(e)(4).... Permit training for commercial pilot
certification--powered-lift rating to be
performed solo or with an instructor onboard.
64................................... Sec. 61.129(g)(2).... Permit training for commercial pilot
certification--airship rating to be performed
either solo or while performing the duties of
PIC with an instructor onboard.
65................................... Sec. 61.129(g)(3).... Reformat paragraph (3) into subparagraphs (i)
and (ii). Clarify the instrument training tasks
for commercial pilot certification--airship
rating require instrument training using a view-
limiting device.
62................................... Sec. 61.129(g)(4)(ii) Permit the cross-country training for commercial
& (iii). pilot certification--airship rating to be
performed under VFR or IFR.
3.................................... Sec. 61.133(a)(1).... Require commercial pilot certificates to be
``current and valid.''
3.................................... Sec. 61.153(d)....... Require pilot certificate and instrument rating
to be ``valid.''
66................................... Sec. 61.153(d)(3)(i), Further clarify the additional condition to
(ii). qualify for a U.S. ATP certificate on the basis
of a foreign pilot certificate.
67................................... Sec. 61.157.......... Reprint this section in its entirety due to many
changes.
67................................... Sec. 61.157(b)....... Add the language ``or a type rating that is
completed concurrently with an airline
transport pilot certificate'' so the rule more
clearly states what is intended. Reformat this
section so as to establish a paragraph (g) that
permits the use of an aircraft not capable of
instrument flight for a type rating to be added
to an existing ATP certificate. Parallels
proposed Sec. 61.63(e).
36 & 67.............................. Sec. 61.157(g)....... Use of flight simulators and flight training
devices and applicant qualifications for the
airplane rating at the ATP certification level.
Move to proposed Sec. 61.64 as paragraph (a)
and (b).
[[Page 5811]]
36 & 67.............................. Sec. 61.157(h)....... Use of flight simulators and flight training
devices and applicant qualifications for the
helicopter rating at the ATP certification
level. Move to proposed Sec. 61.64 as
paragraph (c) and (d).
36 & 67.............................. Sec. 61.157(i)....... Use of flight simulators and flight training
devices and applicant qualifications for the
powered-lift rating at the ATP certification
level. Move to proposed Sec. 61.64 as
paragraph (e) and (f).
67................................... Sec. 61.157(g)....... Re-designate paragraph (j) as paragraph (g).
Amends the requirements for permitting use of
aircraft not capable of instrument flight for a
rating to permit the issuance of a ``VFR Only''
limitation for ATP certification. Parallels
proposed Sec. 61.63(e).
68................................... Sec. 61.157(h)....... Adds a provision to permit an applicant for type
rating in a multiengine, single seat airplane
to be performed in a multi-seat version of that
type airplane, or the examiner must be in a
position to observe the applicant during the
practical test. Parallels proposed Sec.
61.63(f).
69................................... Sec. 61.157(i)....... Adds a provision to permit an applicant for type
rating in a single engine, single seat airplane
to be performed in a multi-seat version of that
type airplane, or the examiner must be in a
position to observe the applicant during the
practical test. Parallels proposed Sec.
61.63(g).
70................................... Sec. 61.159(c)(3).... Add a provision to accommodate the crediting of
flight engineer time for U.S. military flight
engineers for qualifying for an ATP certificate
that is similar to what is provided for
crediting flight engineer time under part 121.
71................................... Sec. 61.159(d)....... Clarify when an applicant may be issued an ATP
certificate with the ICAO endorsement.
71................................... Sec. 61.159(e)....... Clarify a holder of an ATP certificate with the
ICAO endorsement may have the endorsement
removed after meeting the aeronautical
experience of proposed Sec. 61.159(d).
3.................................... Sec. 61.167(a)....... Require an ATP certificate to be ``valid.''
3.................................... Sec. 61.167(b)(3).... Require ATP certificates be ``current and
valid.''
72................................... Sec. Delete the ``go around maneuver'' for flight
61.187(b)(6)(vii). instructor certification for the glider rating.
3.................................... Sec. 61.193.......... Require flight instructor certificate be
``current and valid.''
73................................... Sec. 61.195(c)(1) & Establish the flight instructor qualifications
(2). for providing instrument training in flight to
be a CFII in the appropriate category and class
of aircraft.
74................................... Sec. 61.195(d)(3).... Delete requirement that a flight instructor must
sign a student's certificate for authorizing
solo flight in Class B airspace.
75................................... Sec. 61.195(k)....... Add flight instructor qualifications for giving
the PIC night vision goggle qualification and
currency training.
3.................................... Sec. 61.197(a)....... Require flight instructor certificate to be
``current.''
7.................................... Sec. 61.197(a)(2).... Establish flight instructor renewal procedures
without requiring re-issuance of the actual
certificate.
7.................................... Sec. 61.199(a)....... Establish flight instructor reinstatement
procedures without requiring re-issuance of the
actual certificate. Additionally, clarify the
reinstatement requirements for a single
practical test for renewal of the other ratings
held.
3.................................... Sec. 61.215(a), (c), Require ground instructor certificates to be
(d). ``current and valid.''
76................................... Sec. 61.215(b)....... Delete the privilege of AGIs to provide training
and endorsement for instrument training.
3.................................... Sec. 61.215(b)....... Require AGI certificates to be ``current and
valid.''
77................................... Sec. 61.217(a)--(d).. Establish new currency requirements for ground
instructors.
78................................... Sec. 91.205(i)....... Establish the required instruments & equipment
for night vision goggle operations.
79................................... Sec. 141.5(a)--(e)... Clarify that the ``counters'' for the pass rate
must be 10 different people and that no one
graduate can be counted more than once.
80................................... Sec. 141.9........... Correct the rule language for issuing examining
authority.
81................................... Sec. 141.33(d)(2).... Reduce the number of student enrollments to 10
students to qualify for a check instructor
position.
82................................... Sec. 141.39.......... Permit the use of foreign registered aircraft
for those part 141 training facilities that are
located outside of the United States and where
the training is conducted outside of the United
States.
83................................... Sec. 141.53(c)(1).... Delete subparagraph (c)(1) to remove an obsolete
date.
84................................... Sec. 141.55(e)(2)(ii) Correct the phrase ``the practical or knowledge
test, or any combination thereof'' because it
should state ``the practical or knowledge test,
as appropriate.''
85................................... Sec. 141.77(c)(1), Make a technical correction to the language in
(2), & (3). the rules about the proficiency and knowledge
test required for transfer students to a part
141 pilot school.
86................................... Sec. 141.85(a)(1) & Clarify duties and responsibilities that chief
(d). instructor may delegate to an assistant chief
instructor and recommending instructor.
87................................... B. 2................... Change the eligibility requirement for
enrollment into the flight portion of the
private pilot certification course to only
require a recreational or student pilot
certificate prior to entry into the solo phase
of the flight portion.
88................................... B. 4(b)(1)(i).......... In the private pilot certification--single-
engine airplane course, change the training
required to ``on the control and maneuvering of
a single-engine airplane solely by reference to
instruments'' instead of calling it
``instrument training.''
88................................... B. 4(b)(2)(i).......... In the private pilot certification--multiengine
airplane course, change the training required
to ``on the control and maneuvering of a
multiengine airplane solely by reference to
instruments.''
88................................... B. 4(b)(5)(i).......... In the private pilot certification--powered-lift
course, change the training required to ``on
the control and maneuvering of a powered-lift
solely by reference to instruments.''
89................................... B. 5(a)(1)............. Change the distance on a cross-country flight in
the private pilot certification--airplane
single-engine course from ``at least 50
nautical miles'' to ``more than 50 nautical
miles.''
90................................... B. 5(b)(1)............. Change the distance on a cross-country flight in
the private pilot certification--airplane
multiengine course from ``at least 50 nautical
miles'' to ``more than 50 nautical miles.''
91................................... B. 5(c)(1)............. Change the distance on a cross-country flight in
the private pilot certification--helicopter
course to conform to ICAO requirements which
require a cross-country flight of at least 100
nautical miles. Change the phrase ``at least 25
nautical miles'' to ``more than 25 nautical
miles.''
92................................... B. 5(d)(1)............. Change the distance on a cross-country flight in
the private pilot certification--gyroplane
course from ``at least 25 nautical miles'' to
``more than 25 nautical miles.''
[[Page 5812]]
93................................... B. 5(e)(1)............. Change the distance on a cross-country flight in
the private pilot certification--powered lift
course from ``at least 50 nautical miles'' to''
more than 50 nautical miles.''
94................................... C. 4(b)(5) & (6)....... Allow approval of instrument rating courses that
give credit for instrument training on a PCATD.
100.................................. D. 4(b)(1)(i).......... Require that the instrument training tasks for
the commercial pilot certification--airplane
single-engine course include training using a
view-limiting device.
99................................... D. 4(b)(1)(ii)......... Allow the complex airplane training in the
commercial pilot certificate--single-engine
airplane course to be performed in either in a
single-engine complex airplane or multiengine
complex airplane.
96................................... D. 4(b)(1)(iii)........ Allow the day cross-country flight for the
commercial pilot certificate airplane course to
be performed under VFR or IFR.
96................................... D. 4(b)(1)(iv).........
96................................... D. 4(b)(2)(i)..........
96................................... D. 4(b)(2)(iii)........
96................................... D. 4(b)(2)(iv).........
100.................................. D. 4(b)(3)(i).......... Require that the instrument training tasks for
the commercial pilot certification--helicopter
course include using a view-limiting device.
96................................... D. 4(b)(3)(ii)......... Allow the day cross-country flight in the
commercial pilot certificate helicopter course
to be performed under VFR or IFR.
96................................... D. 4(b)(3)(iii)........
100.................................. D. 4(b)(4)(i).......... Require that the instrument training tasks for
the commercial pilot certification--gyroplane
course include using a view-limiting device.
96................................... D. 4(b)(4)(ii)......... Allow the day cross-country flight in the
commercial pilot certificate gyroplane course
to be performed under VFR or IFR.
97................................... D. 4(b)(4)(iii)........ Require a night time cross-country flight in the
commercial pilot certificate--gyroplane course
to include at least two hours of flight
training during night-time conditions at an
airport, that includes 10 takeoffs and 10
landings to a full stop (with each landing
involving a flight in the traffic pattern).
100.................................. D. 4(b)(5)(i).......... Require that the instrument training tasks for
the commercial pilot certification--powered-
lift course include using a view-limiting
device.
96................................... D. 4(b)(5)(ii)......... Allow the day cross-country flight in the
commercial pilot certificate powered-lift
course to be performed under VFR or IFR.
96................................... D. 4(b)(5)(iii)........
100.................................. D. 4(b)(7)(i).......... Require that the instrument training tasks for
the commercial pilot certification--airship
course include using a view-limiting device.
96................................... D. 4(b)(7)(ii)......... Allow the day cross-country flight in the
commercial pilot certificate--airship rating
course to be performed under VFR or IFR.
96................................... D. 4(b)(7)(iii)........
98................................... D. 4(d)(4)(vi)......... Add ``ground reference maneuvers'' as an area of
operation for the gyroplane rating in the
commercial pilot certificate course.
95................................... D. 5(a), (c ), (d), & Allow training to be performed solo or with an
(e). instructor onboard for the commercial pilot
certificate courses.
101.................................. E. 2................... Requires a person prior to having completed the
flight portion of the ATP course to have met
the ATP aeronautical experience requirements of
part 61, subpart G.
102.................................. I. 3 & 4............... Clarify the amount and content of ground and
flight training for the add-on aircraft
category and/or class rating courses in the
recreational, private, commercial, and ATP
certification courses.
----------------------------------------------------------------------------------------------------------------
VII. Description of Proposed Changes
The numbered paragraphs in this section describe the substantive
changes we are proposing. Readers should note we are also making many
editorial changes to the text of parts 61 and 141 for the purpose of
clarity.
(1) Proposal to define ``night vision goggles.''
The FAA proposes to define ``night vision goggles'' (NVG) under
Sec. 61.1(b)(13) as ``an appliance worn by a pilot that enhances the
pilot's ability to maintain visual surface reference at night.''
(2) Proposal to define ``night vision goggle operation.''
The FAA proposes to define ``night vision goggle operation'' under
Sec. 61.1(b)(14) as ``a flight at night where the pilot maintains
visual surface reference utilizing NVGs in an aircraft that is approved
for NVG operations.''
(3) Proposal to require airman certificates, ratings, and
authorizations to be ``valid'' and/or ``current,'' where and when
appropriate.
The FAA has received inquiries as to the meaning and application of
the terms ``valid'' and ``current'' as they appear in part 61. Neither
term is defined under the rules. The terms are used in some sections of
part 61, but not consistently or universally. In this proposal, the FAA
proposes definitions for the terms ``current'' and ``valid'' under
proposed Sec. 61.1(b)(4) and (20). We have also attempted to qualify
when a person must hold a ``valid,'' ``current,'' or a ``valid and
current'' pilot, flight instructor, and ground instructor certificate,
rating, or authorization under part 61 to exercise the privileges of
that certificate.
The FAA encourages comments as to whether our review of inserting
the terms ``current'' and ``valid'' throughout part 61 has been
sufficiently exhaustive and whether the approach is even needed. One
could conclude that including the terms may lead to greater ambiguity
since they are arguably implicit. That is, all certificates, ratings,
or authorizations must be both ``current'' and ``valid,'' or else they
may not be relied upon. Based on the comments received on this proposal
and further analysis, we may decide to withdraw the proposed
definitions, and we may even eliminate the use of these terms
``current'' and ``valid'' throughout part 61.
Under proposed Sec. 61.1(b)(20), a ``valid'' pilot, flight
instructor, or ground instructor certificate, rating, or
[[Page 5813]]
authorization would mean the certificate has not been surrendered,
suspended, revoked, or expired. Under proposed Sec. 61.1(b)(4), the
term ``current'' as it relates to a pilot certificate, rating, or
authorization would mean the pilot has met the appropriate recent
flight experience requirements under part 61 for the flight operation
being conducted. The term ``current'' as it relates to a flight
instructor certificate would mean the flight instructor meets the
flight instructor recent experience required under Sec. 61.197. The
term ``current'' as it relates to a ground instructor certificate would
mean the ground instructor meets the recent experience required under
Sec. 61.217.
We are proposing to add either ``valid'' or ``current,'' or both,
in: Sec. Sec. 61.1(b)(2)(i) and (ii), (4), and (20); 61.3(a)(1), (c),
(f)(2)(i) and (ii), and (g)(2)(i) and (ii); 61.39(c)(1), 61.69(a)(1);
61.75(b)(2) and (d); 61.77(b)(1); 61.103(j); 61.133(a)(1); 61.153(d)(1)
and (3); 61.167(a) and (b)(3); the introductory language of 61.193;
61.197(a); and 61.215(a), (b), (c), and (d).
(4) Proposal to delete an obsolete date in Sec. 61.3(j)(3).
Under existing Sec. 61.3(j)(3), the rule makes reference to some
obsolete dates and the rule is no longer needed. The rule states
``Until December 20, 1999, a person may serve as a pilot in operations
covered by this paragraph after that person has reached his or her 60th
birthday if, on March 20, 1997, that person was employed as a pilot in
operations covered by this paragraph.'' December 20, 1999 has now
passed, and the FAA is proposing to delete Sec. 61.3(j)(3) in its
entirety. Subsequently, it is necessary to delete the phrase ``Except
as provided in paragraph (j)(3) of this section'' under Sec.
61.3(j)(1).
(5) Proposal to revise the duration of the student pilot certificate.
The FAA proposes to amend Sec. 61.19(b) so that the duration
period for the student pilot certificate coincides with the medical
duration provisions under Sec. 61.23(c)(3). Since the FAA adopted a
new duration period for the 3rd class medical certificate for persons
who have not reached their 40th birthday, there has been a conflict
between the duration period for the student pilot portion of the
certificate under Sec. 61.19(b) (i.e., ``expires 24 calendar months
from the month in which it is issued'') and the duration period for the
medical portion of the certificate for persons who have not reached
their 40th birthday under Sec. 61.23(c)(3) (i.e., ``The 36th calendar
month after the month of the date of the examination shown on the
certificate). Without the proposed change, persons under the age of 40
years would have the student pilot portion of their certificate expire,
but the medical portion of that certificate would remain current.
Therefore, the FAA proposes to amend Sec. 61.19(b) so that it
parallels the 3rd class medical duration provisions under Sec.
61.23(c)(3).
(6) Proposal to extend the duration period to 36 calendar months for
the student pilot certificate for persons seeking a balloon or glider
rating.
Proposed Sec. 61.19(b)(3) would extend the duration period of a
student pilot certificate for persons seeking a balloon or glider
rating to 36 calendar months. Since persons who seek a balloon and
glider rating are not required to hold a medical certificate, it is
reasonable to extend the student pilot certificate to 36 calendar
months as discussed in the previous paragraph. Under this proposal,
however, the duration period would be 36 calendar months regardless of
the age of the applicant.
(7) Proposal to issue flight instructor certificate without an
expiration date and to clarify reinstatement requirements.
The FAA proposes to amend Sec. Sec. 61.19(d), 61.197(a), and
61.199 to allow the issuance of flight instructor certificates without
an expiration date. This proposal responds to a petition for rulemaking
from the Aircraft Owners and Pilots Association (AOPA) Safety
Foundation. By letter, dated September 14, 1999, AOPA petitioned the
FAA to revise Sec. 61.19(d), Sec. 61.195(a), (b), and (c), Sec.
61.197(a) and (b), and Sec. 61.199(a). The FAA was already working on
this proposed rule; therefore we responded to AOPA's petition by
acknowledging receipt of the petition and informing them their petition
would be considered under this rulemaking.
The AOPA Safety Foundation's petition states that it believes the
flight instructor renewal process results in burdening flight
instructor renewal applicants and the operators of flight instructor
refresher clinics (FIRCs) with unnecessary paperwork. The FAA would
still require that flight instructors renew their privileges every 24
calendar months to exercise the privileges of their flight instructor
certificate, but it would be done without requiring the re-issuance of
the flight instructor certificate. The FAA envisions that flight
instructor renewal applicants would continue to send a completed FAA
Form 8710-1, ``Airman Certificate and/or Rating Application,'' to the
FAA's Airman Certification Branch in Oklahoma City, OK, but the
applicants would then only be required to have their logbooks endorsed
by a FIRC operator or by the FAA. In lieu of the logbook endorsement,
the flight instructor renewal applicant could simply receive a
completion certificate or a stamp in their logbook from a FIRC operator
or from the FAA. The FAA is tailoring this proposal to similar
procedures established for pilots who accomplish their Sec. 61.57
flight review or Sec. 61.58 PIC proficiency check. However, the FAA
wants to maintain the procedure of requiring flight instructor renewal
applicants to send a completed FAA Form 8710-1 to the FAA's Airman
Certification Branch because the FAA believes this procedure is
important for maintaining order on flight instructor renewals and also
for being able to retain statistical data on flight instructors.
Under this proposal, Sec. 61.197(a)(2) would state that a person
who holds a flight instructor certificate may renew the certificate by
``receiving an endorsement in his or her logbook or on another suitable
document that is acceptable to the FAA * * * ,'' to provide flight
instructor renewal applicants significant leeway to show compliance
with Sec. 61.197. Additionally, for the same reasons, this language
would be included in proposed Sec. 61.199(a)(2) for flight instructor
reinstatement applicants. Those instructors who hold flight instructor
certificates with expiration dates would be permitted to continue to
hold those certificates indefinitely and would just have to comply with
the renewal procedures of Sec. 61.197 or reinstatement procedures of
Sec. 61.199, as appropriate, to maintain their flight instructor
``privileges.'' Regardless of what method is used to show compliance
with Sec. 61.197 (i.e., logbook entry, completion certification, or a
stamp inserted in the applicant's logbook, etc.), the FAA expects the
flight instructor renewal/reinstatement applicant's record to show the
completion date and expiration date of the renewal/reinstatement.
Additionally, the FAA has received several inquires concerning
whether an applicant who holds an expired flight instructor certificate
may reinstate that certificate by satisfactorily completing an
additional flight instructor rating practical test. As an example, the
person holds an expired flight instructor certificate with an Airplane
Single-Engine and a Multiengine rating. The person then makes
application for an Instrument-Airplane additional flight instructor
rating and wishes to reinstate
[[Page 5814]]
his or her flight instructor certificate by satisfactorily
accomplishing the Instrument-Airplane additional flight instructor
rating practical test. In accordance with FAA Order 8700.1, page 11-3,
paragraph 13, ``the holder of an expired flight instructor certificate
issued after November 1, 1975, may have all ratings on the certificate
reinstated by satisfactorily completing a single practical test.''
Therefore, the FAA proposes to amend Sec. 61.199(a) to read:
(a) Flight instructor certificates. The holder of a flight
instructor certificate who has not complied with the recent flight
instructor experience requirements under Sec. 61.197 may reinstate
flight instructor privileges by:
(1) Completing and passing a flight instructor practical test, as
prescribed under Sec. 61.183(h); and
(2) Receiving an endorsement in his or her logbook or on another
document that is acceptable to the FAA that shows the applicant
completed and passed a flight instructor practical test, as prescribed
under Sec. 61.183(h).
This proposed amendment removes the current provision that states
that a holder of an expired flight instructor certificate may obtain a
new one by passing a practical test ``for one of the ratings listed on
the expired flight instructor certificate.''
The proposed amendment would permit the reinstatement of a flight
instructor certificate, either by satisfactorily accomplishing an
additional flight instructor rating practical test or by satisfactorily
accomplishing a practical test on one of the ratings listed on the
expired flight instructor certificate.
(8) Proposal to standardize the recent experience requirements for
ground instructor certificates.
The FAA proposes to amend Sec. 61.19(e) by linking the currency
requirements for the ground instructor certificate with the duration
period requirements. The purpose is to further clarify the currency
requirements for ground instructors. Since the issuance of Sec.
61.19(e), there have been some questions about how a ground instructor
remains current. Therefore, the FAA proposes to amend Sec. 61.19(e) by
linking this provision with the recent experience requirements under
proposed Sec. 61.217.
(9) Proposal to require Examiners to hold only a 3rd class medical
certificate.
The FAA proposes to amend Sec. 61.23(a)(3)(vii) to require
Examiners to hold only a 3rd class medical certificate. The FAA wants
to parallel the medical certificate requirements for Examiners with the
medical certificate requirements that are contained in FAA Order
8710.3D. FAA Order 8710.3D requires that an Examiner hold only a 3rd
class medical certificate when performing practical tests in an
aircraft (with an exception for Examiners administering practical tests
in a glider or balloon).
(10) Proposal to clarify that persons exercising the privileges of a
glider or balloon rating are not required to hold a medical
certificate.
The FAA proposes to amend Sec. 61.23(b)(3) to clarify that persons
exercising the privileges of a glider or balloon rating are not
required to hold a medical certificate. The FAA has received questions
about the wording of Sec. 61.23(b)(3). Some have asked whether the no
medical certificate requirement for operating a balloon or a glider
applies only when a person is taking a practical test for a glider or
balloon rating, or whether it applies when a person is exercising the
privileges of a glider or balloon rating. The rule is intended to apply
in both situations. The FAA is proposing to amend Sec. 61.23(b)(3) to
clarify that persons exercising the privileges of their glider or
balloon rating in a glider or a balloon, as appropriate, are not
required to hold a medical certificate. As further discussed in
proposed Sec. 61.23(b)(8), a person also is not required to hold a
medical certificate when taking a practical test for a balloon or
glider rating.
(11) Proposal to add situations where an Examiner need not hold a
medical certificate.
The FAA proposes to amend Sec. 61.23(b)(7) to establish that when
an Examiner or a Check Airman is administering a test or check for an
airman certificate, rating, or authorization in a glider, balloon,
flight simulator, or flight training device, he or she would not be
required to hold a medical certificate. Existing Sec. 61.23(b)(7)
states that an Examiner or Check Airman is not required to hold a
medical certificate when administering a test or check for a
certificate, rating, or authorization in a flight simulator or flight
training device. The words ``glider'' and ``balloon'' were
inadvertently left out when the rule was last revised.
(12) Proposal to add situations where an applicant need not hold a
medical certificate.
The FAA proposes to amend Sec. 61.23(b)(8) to establish that when
an applicant is receiving a test or check for a certificate, rating, or
authorization in a glider, balloon, flight simulator, or flight
training device, the applicant is not required to hold a medical
certificate.
Existing Sec. 61.23(b)(8) states that an applicant is not required
to hold a medical certificate when receiving a test or check for a
certificate, rating, or authorization in a flight simulator or flight
training device. The words ``glider'' and ``balloon'' were
inadvertently left out when the rule was last revised.
(13) Proposal to excuse military pilots of the U.S. Armed Forces from
having to obtain an FAA medical certificate.
The FAA proposes to add a new Sec. 61.23(b)(9) to excuse military
pilots from having to hold an FAA medical certificate. Military pilots
would be required to complete a medical examination for flight status
as a military pilot from a flight surgeon at a military medical
facility of the United States. The examination would have to be
current.
In accordance with existing Sec. 61.39(a)(4), for a military pilot
to be eligible for a practical test for an airman certificate or rating
issued under part 61, an applicant must ``hold at least a current
third-class medical certificate.'' The FAA has determined that the
medical examinations provided by a U.S. Armed Forces medical facility
to military pilots equals or exceeds the content and quality of a
medical certification required by the FAA. Therefore, the FAA proposes
to amend Sec. 61.23 by adding paragraph (b)(9) and excuse pilots of
the U.S. Armed Forces from having to hold an FAA medical certificate
provided that: (1) The pilot completed a medical examination for flight
status as a military pilot from a flight surgeon at a U.S. military
medical facility; (2) The examination is current; and (3) The flight
does not involve a flight in air transportation service under parts
121, 125, or 135 of this chapter.
(14) Proposal to delete the requirement for a person to furnish their
social security number.
The FAA proposes to delete the requirement under Sec. 61.29(d)(3)
that a person who requests replacement of a lost or destroyed airman
certificate, medical certificate, or knowledge test report must furnish
their social security number. By law, the FAA cannot require a person
to furnish his or her social security number. A person, however, may
voluntarily provide his or her social security number as a means to
establish his or her identity.
[[Page 5815]]
(15) Proposal to delete Sec. 61.31(d)(2).
The FAA proposes to delete Sec. 61.31(d)(2), which requires a PIC
of an aircraft to receive ``training for the purpose of obtaining an
additional pilot certificate and rating that are appropriate to that
aircraft, and be under the supervision of an authorized instructor.''
The FAA has received inquiries about the difference between
subparagraphs (d)(2) and (d)(3), and the FAA determined that these
subparagraphs conflict with one another. Furthermore, subparagraph
(d)(2) conflicts with Sec. 61.51(e)(1)(i).
When the FAA initially proposed Sec. 61.31(d), it was considering
coining a new phrase that was to be known as ``supervised PIC flight''
that would allow a PIC who was in training to act as PIC of an aircraft
if properly supervised by the person's flight instructor. (See 60 FR
41160, 41227, August 11, 1995). The ``supervised PIC flight'' concept
was not adopted in the final rule, but subparagraph (d)(2) erroneously
remained in the final rule. (See 62 FR 16220.) Subparagraph (d)(3) of
Sec. 61.31 covers what the FAA currently requires in order to act as
PIC and for logging PIC time under Sec. 61.51(e)(1)(i).
(16) Proposal to add training and qualification requirements for pilots
who want to operate with night vision goggles.
Proposed Sec. 61.31(k) would require ground and flight training
and a one-time instructor endorsement for a pilot to act as a PIC
during NVG operations. Also, the FAA proposes to ``grandfather'' those
PICs who previously qualified as a PIC for NVG operations under Sec.
61.31(k). Under proposed subparagraph (3), a pilot would not need the
``one-time'' NVG training and endorsement, provided the pilot can
document satisfactory accomplishment of any of the following pilot
checks for using NVGs in an aircraft:
Completion of an official pilot proficiency check for
using NVGs and that check was conducted by the U.S. Armed Forces; or
Completion of a pilot proficiency check for using NVGs
under part 135 of this chapter and that check was conducted by an
Examiner or a Check Airman.
(17) Proposal to require proof of current residential address at the
time of application for a knowledge test.
Proposed Sec. 61.35(a)(2)(iv) would clarify that when a person's
permanent mailing address is a P.O. Box, the person must show proof of
their current residential address at the time of application for a
knowledge test. The purpose of this change is to conform the
instructions in proposed Sec. 61.35(a)(2)(iv) with the instructions in
existing Sec. 61.60.
(18) Proposal to delete the word ``scheduled'' in front of the phrase
``U.S. military air transport operations.''
The purpose for this proposal is to delete the word ``scheduled''
that appears in front of the phrase ``U.S. military air transport
operations'' under Sec. 61.39(b)(2) because there is no such thing as
``scheduled'' U.S. military transport operations.
(19) Proposal to delete the phrase ``or a class rating with an
associated type rating'' in reference to the endorsement exception for
applying for an additional aircraft class rating.
The FAA proposes to delete the phrase ``or a class rating with an
associated type rating'' under Sec. 61.39(c)(2) for applying for an
additional aircraft class rating. Existing Sec. Sec. 61.39(a)(6) and
61.63(c) require an applicant for a practical test for an additional
aircraft class rating to have received a logbook or training record
endorsement from an authorized instructor. Existing Sec. 61.39(c)(2)
incorrectly suggests that an endorsement is not required for an
applicant for an aircraft class rating. Thus, the FAA is proposing to
amend Sec. 61.39(c)(2) by removing the phrase ``or a class rating with
an associated type rating'' to clarify that we are not excepting
applicants for an aircraft type rating from obtaining an endorsement
from an authorized instructor.
(20) Proposal to clarify the time frame for completing a practical
test.
The FAA proposes to change the phrase ``60 calendar days'' in Sec.
61.39(d) and (e) to read ``2 calendar months.'' The purpose is to make
it simpler to calculate the time for when a segmented practical test
must be completed. An applicant who accomplishes a segmented practical
test would be required to complete the entire practical test within 2
calendar months after the applicant began the test. For example, an
applicant who began the oral portion of the practical test on July 2,
2006, would have to complete the remaining portions of the practical
test (i.e., simulator/training device check and aircraft flight check)
before the end of September 2006.
(21) Proposal to clarify when an applicant has the choice to perform
the practical test as a single pilot or use a second in command.
The FAA is proposing to revise Sec. 61.43(b) to clarify when an
applicant can perform the practical test as a single pilot or use a
second in command. If a second in command pilot is used under proposed
Sec. 61.43(b)(3), the limitation ``Second in Command Required'' would
be placed on the applicant's pilot certificate. Also, we are proposing
to revise Sec. 61.43(a) by moving existing Sec. 61.43(a)(5) into
proposed Sec. 61.43(b).
Under proposed Sec. 61.43(b)(1), if the aircraft's FAA-approved
aircraft flight manual requires the pilot flight crew complement be a
single pilot, then the applicant would be required to demonstrate
single pilot proficiency on the practical test.
Under proposed Sec. 61.43(b)(2), if the aircraft's type
certification data sheet requires the pilot flight crew complement be a
single pilot, then the applicant would be required to demonstrate
single pilot proficiency on the practical test.
The Cessna 172, Cessna 310, Piper Malibu (PA-44), and Beech Baron
(BE-58) are examples of aircraft whose flight manuals and/or type
certification data sheets require the pilot flight crew complement be a
single pilot.
Under proposed Sec. 61.43(b)(3), if the FAA Flight Standardization
Board report, FAA-approved aircraft flight manual, or aircraft type
certification data sheet allows the pilot flight crew complement to be
either a single pilot, or a pilot and a copilot, then the applicant may
perform the practical test as a single pilot or with a copilot. If the
applicant performs the practical test with a copilot, the limitation of
``Second in Command Required'' will be placed on the applicant's pilot
certificate. Under proposed Sec. 61.43(b)(3), the ``Second in Command
Required'' limitation may be removed if and when the applicant passes
the practical test by demonstrating single-pilot proficiency in the
aircraft in which single-pilot privileges are sought.
Examples of aircraft for which a FAA Flight Standardization Board
has approved the minimum pilot flight crew compliment to be either a
single pilot, or a pilot with a copilot, are certain models of the
Beech 300, Beech 1900C, and Beech 1900D airplanes that received
certification under SFAR 41; certain models of the Empresa Brasileira
de Aeronautica EMB 110 airplanes that received certification under SFAR
41, and certain models of the Fairchild Aircraft Corporation SA227-CC,
[[Page 5816]]
SA227-DC, and other Fairchild commuter category airplanes on that same
type certificate that received certification under SFAR 41 and that
have a passenger seating configuration, excluding pilot seats, of nine
seats or less and the airplane's type certificate authorizes single
pilot operations.
The Cessna 501, Cessna 525, Cessna 551, Raytheon 390, and Beech
2000 are examples of aircraft whose flight manuals and/or type
certification data sheets allow the minimum pilot flight crew
compliment to be either a single pilot, or a pilot with a copilot.
(22) Proposal to define what is a military aircraft for the purpose of
a practical test.
Proposed Sec. 61.45(a)(2)(iii) would clarify what is a ``military
aircraft'' when used on a practical test. Recently, there has been some
confusion as whether it is permissible to use a surplus military
aircraft that has no civilian aircraft type designation for a practical
test for an airman certificate and rating. For example, some applicants
have requested to use a surplus military OH-58 Army helicopter for a
practical test. These surplus military helicopters are not Bell BH-206
helicopters, and they do not have a civilian type designation. The FAA
has determined it is not permissible to use these surplus former
military aircraft for completing a practical test.
To clarify this issue, proposed Sec. 61.45(a)(2)(iii) would define
a ``military aircraft'' as an aircraft that is under the direct
operational control of the U.S. Armed Forces. Under this definition,
surplus military aircraft are not military aircraft because they are
not under the direct operational control of the U.S. military.
(23) Proposal to except gliders from the requirement that aircraft used
for a practical test must have engine power controls and flight
controls that are easily reached and operable in a conventional manner
by both pilots.
The FAA proposes to amend Sec. 61.45(c) by excepting gliders from
the requirement that aircraft used for a practical test must have
engine power controls and flight controls that are easily reached and
operable in a conventional manner by both pilots. Gliders do not have
engine power controls.
(24) Proposal to provide for logging night vision goggle time.
Proposed Sec. 61.51(b)(3)(iv) would add a provision for logging
``night vision goggle time'' to show compliance with the training time
and aeronautical experience required for acting as a PIC for NVG
operations. The logging of NVG time would be permitted when performed
in an aircraft in flight, in a flight simulator, or in a flight
training device.
(25) Proposal to correct an omission of the words ``airline transport
pilot'' regarding logging of pilot in command time.
Because existing Sec. 61.51(e)(1) does not include ``airline
transport pilots,'' it may appear that holders of airline transport
pilot certificates do not have the same PIC logging privileges as
recreational pilots, private pilots, and commercial pilots. To avoid
any confusion, the FAA proposes to add the words ``airline transport
pilot'' to Sec. 61.51(e)(1).
(26) Proposal to permit a pilot performing the duties of pilot in
command while under the supervision of a qualified pilot in command to
log pilot in command time.
Proposed Sec. 61.51(e)(1)(iv) would allow a pilot who is
performing the duties of pilot in command while under the supervision
of a qualified PIC to log PIC time. The purpose for this proposal is to
provide another way for holders of a commercial pilot certificate or
airline transport pilot certificate to log PIC time.
Section 61.51(e)(1)(iv) would permit a pilot who is performing the
duties of PIC to log PIC flight time. The pilot who is performing the
duties of PIC would be required to hold a current and valid commercial
pilot certificate or a current and valid airline transport pilot
certificate, with the aircraft rating that is appropriate to the
category and class of aircraft being flown, if a class rating is
appropriate. The pilot would be required to be under the supervision of
an appropriately qualified PIC. Additionally, the pilot who is
performing the duties of PIC would be required to undergo an approved
PIC training program consisting of ground and flight training on the
following areas of operation: pre-flight preparation, preflight
procedures, takeoff and departure phase, in-flight maneuvers,
instrument procedures, landings and approaches to landings, normal and
abnormal procedures, emergency procedures, and post-flight procedures.
The supervising PIC would be required to hold either a current and
valid commercial pilot certificate and a current and valid flight
instructor certificate with an aircraft rating that is appropriate to
the category, class, and type of aircraft being flown, if a class or
type rating is required, or the supervising PIC would be required to
hold a current and valid airline transport pilot certificate and
aircraft rating that is appropriate to the category, class, and type of
aircraft being flown, if a class or type rating is required. The
supervising PIC would be required to log the PIC training given in the
pilot's logbook, certify having given the PIC training in the pilot's
logbook, and attest that certification with his or her signature,
flight instructor certificate number and expiration date, or ATP
certificate number, as appropriate. This proposal would parallel and
clarify the provisions in proposed Sec. 61.129 and existing Sec. Sec.
61.31(d), 61.159(a)(4), 61.161(a)(3), and 61.163(a)(3) for PIC
aeronautical experience.
(27) Proposal to conform the rule for logging of instrument time in a
flight simulator, flight training device, and PCATD to existing policy.
The FAA proposes to amend Sec. 61.51(g)(4) so the logging of
instrument time in a flight simulator, flight training device, or PCATD
conforms to existing policy. An authorized instructor (See Sec.
61.1(b)(2)) must be present in the flight simulator, flight training
device, or PCATD when instrument time is logged for training and
aeronautical experience used to meet the requirements for a
certificate, rating, or flight review (See Sec. 61.51(a)). The
instructor must sign the person's logbook to verify the training time
and the content of the session.
Examples of situations in which an authorized instructor would be
considered present in the flight simulator, flight training device, or
PCATD include where an authorized instructor is seated at a center
control panel in a flight simulation lab and is monitoring each
student's performance from the control panel display; where an
instructor assigns a student to perform several instrument tasks and
then leaves the room, if the flight training device has a monitoring
and tracking system that allows the authorized instructor to review the
entire training session; and where one authorized instructor monitors
several students simultaneously in the same room at a flight simulation
lab.
The instructions for making logbook entries also would be amended
to reflect the proposal that PCATDs could be used to meet the
instrument time and recent flight experience requirements under part
61.
[[Page 5817]]
(28) Proposal to establish the aircraft requirements for when a pilot
logs flight time.
Proposed Sec. 61.51(j) would establish the aircraft and aircraft
airworthiness requirements for when a pilot logs flight time. To log
flight time to meet the aeronautical experience requirements for a
certificate, rating, or recent flight experience under part 61, the
aircraft must hold an airworthiness certificate (except in the case of
U.S. military aircraft flown by U.S. military pilots and under the
direct operational control of the U.S. Armed Forces or public aircraft
flown by pilots of a Federal, State, county, or municipal law
enforcement agency).
This proposal would, in essence, codify existing FAA policy under
FAA Order 8700.1, Volume 2, Chapter 1, pages 1-46 and 1-47, paragraph
9.B, which states:
``Logging Time. Unless the vehicle is type certificated as an
aircraft in a category listed in (14 CFR) Sec. 61.5(b)(1) or as an
experimental aircraft, or otherwise holds an airworthiness
certificate, flight time acquired in such a vehicle may not be used
to meet requirements of (14 CFR) part 61 for a certificate or rating
or to meet the recent flight experience requirements.''
The FAA has received several inquiries about whether it is
permissible to use surplus military aircraft that do not hold a
civilian type designation as an aircraft or an airworthiness
certificate for logging flight time to meet the requirements for a
certificate, rating, or recent flight experience under part 61. The
FAA's response has been that the aircraft must be of the category,
class (if class is applicable), and type (if type is applicable) listed
under Sec. 61.5(b)(1) through (7), or the aircraft must hold an
experimental airworthiness certificate.
With the issuance of Public Law 106-424, dated November 1, 2000,
pilots for a Federal, State, county, or municipal law enforcement
agency can log flight time for the purposes of meeting the aeronautical
experience requirements for a certificate, rating or recent flight
experience under part 61 in limited cases. The stipulation is that the
pilot must be operating a public aircraft, as defined under 49 U.S.C.
40102, and the aircraft must be identifiable as a category and class of
aircraft, as listed under Sec. 61.5(b), and being used in law
enforcement activities of a Federal, State, county, or municipal law
enforcement agency.
(29) Proposal to establish the criteria and standards for logging NVG
time.
Proposed Sec. 61.51(k) would establish the criteria and standards
for logging NVG time. This proposal would establish the minimum
information required to be entered when logging time in a pilot's
logbook. Per proposed Sec. 61.51(k)(3), the required information that
is required to be logged for logging NVG time are the logbook entries
covered under Sec. 61.51(b).
Under the proposal, a pilot may log NVG time using NVGs as the sole
visual reference of the surface in an operation conducted in an
aircraft at night (during the period beginning 1 hour after sunset and
ending 1 hour before sunrise) in flight. Alternatively, a pilot may log
NVG time in a flight simulator or in a flight training device provided
the flight simulator or flight training device's lighting system has
been adjusted to replicate the period beginning 1 hour after sunset and
ending 1 hour before sunrise.
Under proposed Sec. 61.51(k)(2), the rule would establish when an
authorized instructor may log NVG time. The instructor must be
conducting NVG training and must be using NVGs as the sole visual
reference of the surface. The time must be in an aircraft operated at
night in flight, or in a flight simulator or flight training device
with the lighting system adjusted to represent the period beginning 1
hour after sunset and ending 1 hour before sunrise.
(30) Proposal to amend the instrument recent flight experience tasks
and iterations and to allow use of personal computer aviation training
devices, flight simulators, and flight training devices for maintaining
instrument recent flight experience.
In Sec. 61.57(c), the FAA proposes to amend the instrument flight
experience tasks and iterations and to allow use of PCATD, flight
simulators (FS), and flight training devices (FTD) for maintaining
instrument recent flight experience.
The proposed change to Sec. 61.57(c) would clarify that a person
who acts as pilot in command under IFR or weather conditions less than
the minimums prescribed for VFR is required to look back 6 calendar
months from the date of the flight to determine whether the instrument
flight experience requirements were met. For example, if a pilot
intends to act as pilot in command under IFR (or in weather conditions
less than the minimums prescribed for VFR) on a flight that is to occur
on February 24, 2007, the pilot would count backwards 6 calendar months
from the date of the flight to August 2006. The pilot would have to
have performed and logged the instrument recent flight experience
requirements between August 1, 2006 and February 24, 2007.
For maintaining instrument flight experience in airplanes, powered-
lifts, helicopters, and airships, the proposal would require the pilot
to perform and log the instrument flight experience in an airplane,
powered-lift, helicopter, or airship that is appropriate to the
category of aircraft for the instrument rating privileges that the
pilot desires to maintain. This instrument flight experience could be
completed in either actual instrument meteorological conditions or
under simulated instrument conditions with the use of a view-limiting
device. The instrument flight experience and iterations must include at
least:
Six instrument approaches consisting of both precision and
non-precision approaches;
One complete holding pattern at a radio station and one
complete holding pattern at an intersection or waypoint; and
One hour of simulated cross-country practice operation
that involves intercepting and tracking courses through the use of
navigation systems while performing a takeoff phase, area departure
phase, enroute phase, area arrival phase, approach phase, and a missed
approach phase of flight.
Subject to certain limitations, a pilot could choose to either
complete the instrument experience requirements in an aircraft and/or
through use of an FS, FTD, or PCATD. The simulation devices would have
to be representative of the category of aircraft for the instrument
rating privileges that the pilot desires to maintain.
Under proposed Sec. 61.57(c)(2), a person could use an FS or FTD
exclusively by performing and logging at least 3 hours of instrument
recent flight experience within the 6 calendar months before the date
of the flight.
Under proposed Sec. 61.57(c)(3), a person could use a PCATD
exclusively by having performed and logged at least 3 hours of
instrument recent experience within the 2 calendar months before the
date of the flight. We have deliberately proposed differences between
the use of a PCATD and an FS or FTD because use of a PCATD to maintain
instrument recent experience is a relatively new concept, and the FAA
wants to further evaluate its use before we allow use of PCATDs equal
to that of FSs and FTDs.
Under proposed Sec. 61.57(c)(4), a person could combine use of the
aircraft and an FS, FTD, or PCATD to obtain instrument experience. When
a pilot elects to combine use of an aircraft and a simulation device,
we would require, under proposed Sec. 61.57(c)(4),
[[Page 5818]]
completion of one hour of instrument flight time in the aircraft and 3
hours in the FS, FTD, or PCATD within the preceding 6 calendar months.
Under proposed Sec. 61.57(c)(5), a person could combine use of an
FS or FTD, and a PCATD to obtain instrument recent experience. When a
pilot elects this combination, we would require one hour in an FS or
FTD, and 3 hours in a PCATD within the preceding 6 calendar months.
Under proposed Sec. 61.57(c)(6), the instrument tasks and
iterations for maintaining instrument flight experience in a glider
would be amended and require the pilot to have:
Performed and logged at least 1 hour of instrument time in
flight in a glider or in a single-engine airplane performing cross-
country practice operations that involved intercepting and tracking
courses through the use of navigation systems while performing an area
departure phase, enroute phase, and area arrival phase of flight; and
At least 2 hours of instrument flight time in a glider or
in a single-engine airplane performing straight glides, turns to
specific headings, steep turns, flight at various airspeeds,
navigation, and slow flight and stalls. However, if the pilot were to
carry passenger(s) in a glider under IFR or in weather conditions less
than the minimums prescribed for VFR, the 2 hours of instrument recent
flight experience would have to be performed in a glider performing
performance maneuvers, performance airspeeds, navigation, and slow
flight and stalls.
The person would be required to log this instrument recent flight
experience, tasks, and iterations in their logbook to show
accomplishment of this instrument training. The person would be
required to use a view-limiting device when performing this instrument
recent flight experience or be in actual instrument meteorological
conditions.
(31) Proposal to clarify when a person must perform an instrument
proficiency check to act as the PIC under IFR or in weather conditions
less than minimums prescribed for VFR.
The FAA proposes to amend Sec. 61.57(d) to clarify when a person,
who has not met the instrument recent flight experience of Sec.
61.57(c), must perform an instrument proficiency check to act as the
PIC under IFR or in weather conditions less than the minimums
prescribed for VFR. The proposal would require a pilot who has not
complied with the instrument recent experience requirement of Sec.
61.57(c) within the preceding 12 calendar months to complete an
instrument proficiency check to regain PIC instrument qualifications.
The proficiency check would have to be performed in the same aircraft
category that is appropriate to the instrument privileges desired. The
proficiency check would consist of the tasks listed in the practical
test standards for the instrument rating appropriate to the aircraft
category.
As explained in the discussion of proposed Sec. 61.57(c), this
proposal would require a pilot to perform and log the instrument recent
flight experience within the preceding six calendar months from the
date of the flight to act as the PIC under IFR or in weather conditions
less than the minimums prescribed for VFR. Under proposed Sec.
61.57(d), if the pilot has not performed and logged the required
instrument recent flight experience within the preceding six calendar
months from the date of the flight, the pilot is given an additional 6
calendar months to perform and log the required instrument recent
flight experience. However, during this 6-month pe