
[Federal Register: August 21, 2009 (Volume 74, Number 161)]
[Rules and Regulations]               
[Page 42499-42571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au09-9]                         


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Part IV





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; Final Rule


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, and 141

[Docket No. FAA-2006-26661; Amendment Nos. 61-124, 91-309, and 141-12]
RIN 2120-AI86

 
Pilot, Flight Instructor, and Pilot School Certification

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule revises 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 update and clarify the training and 
qualifications rules for pilots, flight instructors, ground 
instructors, and pilot schools to ensure a better understanding of 
these rules that relate to aircraft operations in the National Airspace 
System.

DATES: This final rule is effective October 20, 2009.

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 (202) 267-3844; e-mail to john.d.lynch@faa.gov. For legal 
interpretative questions about this final rule, contact: Michael Chase, 
AGC-240, Office of Chief Counsel, Regulations Division, Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591; telephone (202) 267-3110; e-mail to michael.chase@faa.gov.

Executive Summary

    The Federal Aviation Administration (FAA) is amending several 
regulations to further our safety mission, incorporate international 
flight standards, and respond to recent technological advances in 
aviation. The essence of these interlocking changes is pilot, flight 
instructor, and pilot school certification. The instruction and 
training taking place in pilot schools is for many their first exposure 
to recent aviation, technological, and industry changes. For the above 
reasons, the FAA has found it necessary to update, correct, and clarify 
our rules and requirements for pilots, flight instructor, and pilot 
school certification. Many of our changes reflect and incorporate 
comments and suggestions made by trade organizations, flight schools, 
manufacturers, individual pilots, and others.
    On February 7, 2007, the FAA published the notice of proposed 
rulemaking (NPRM) for airmen certification entitled ``Pilots, flight 
instructors, ground instructors, and pilot schools; training, 
certification, and operating requirements'' (Notice No. 06-20; 72 FR 
5806-5854). The NPRM follows an earlier final rule amending the pilot 
and flight instructor certification, training, and experience rules of 
part 61 (See 62 FR 16220; April 4, 1997). Since the 1997 final rule, we 
determined changes were needed to clarify and refine these regulations 
and address problems discovered post-publication. We also received a 
number of helpful comments and interpretation requests from the pilot, 
flight instructor, and training community. In order to make our rule 
revisions more comprehensive, the NPRM included changes to 14 CFR part 
91 and part 141 appendices.
    We made two significant proposals in the NPRM: The first one 
details pilot and flight instructor training and qualifications for 
night vision goggle (NVG) operations; and, the second one converts 
military flight instructor training experience to civilian teaching. We 
also made a number of other changes reflected in the following table 
and discussed in the rule preamble.
    The FAA received considerable public response to the NPRM. We 
received 1,970 different comments from 231 commenters. These commenters 
represented a diverse ``cross-section'' of the aviation community 
including: Commenters who identified themselves as actively serving in 
the United States Armed Forces or Armed Forces Reserves; flight schools 
(commercial and educational), flight training facilities, or other 
organizations associated with flight training; aircraft manufacturers 
or aircraft manufacturer associations, pilot, aircraft, and helicopter 
owner associations; civil aviation associations; and law enforcement 
agencies or organizations associated with NVG operations. The 
substantive comments on both the overarching issues and specific rule 
changes are detailed in the ``General Comments'' and ``Editorial 
Comments'' sections of this preamble.

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 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 final rule, we are amending 
certain training, qualification, certification, and operating 
requirements for pilots, flight instructors, ground instructors, and 
pilot schools.
    These revisions are intended to ensure that flight crewmembers have 
the training and qualifications to enable them to operate aircraft 
safely. For this reason, these revisions are within the scope of our 
authority and are a reasonable and necessary exercise of our statutory 
obligations.

Summary Table on the Revisions

    The table below is a listing of the changes that are contained in 
this final rule in order of their Code of Federal Regulations (CFR) 
designations. The table is organized as follows: The first column, 
identified as ``Revision No.,'' refers to the paragraph number in the 
``Description of Revision'' portion of this preamble where a detailed 
discussion of the revision appears. The second column gives the CFR 
designation of the regulation we are revising. The third column, 
identified as ``Summary of the Revisions,'' provides a brief summary of 
the revision.
    This final rule revises and makes clarifications under part 61 that 
pertain to pilot, flight instructor, and ground instructor 
certification requirements. This final rule revises Sec.  91.205(h) 
which is the rule that establishes the required instruments and 
equipment for use in NVG operations. This final rule also revises part 
141 and its appendixes, which apply to part 141 approved pilot schools 
and provisional pilot schools.

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          Revision No.                 CFR designation                     Summary of the revisions
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1..............................  Sec.   61.1(b)(12)........  Adds a definition for the term ``night vision
                                                              goggles.''
2..............................  Sec.   61.1(b)(13)........  Adds a definition for the term ``night vision
                                                              goggle operations.''
3..............................  Sec.   61.2...............  Establishes the requirements regarding ``currency''
                                                              and ``validity'' in a new Sec.   61.2 as it
                                                              relates to exercising the privileges of an airman
                                                              certificate, rating, endorsement, or
                                                              authorization.
4..............................  Sec.   61.3(j)(1).........  This proposal to delete the phrase ``Except as
                                                              provided in paragraph (j)(3) of this section'' is
                                                              being withdrawn as the ``Part 121 Pilot Age
                                                              Limit'' direct final rule has incorporated this
                                                              proposal and has also increased the age
                                                              requirement to 65 years for pilots engaged in part
                                                              121 air carrier operations.
4..............................  Sec.   61.3(j)(3).........  We had proposed to delete this provision because
                                                              the dates have passed. However, this proposal has
                                                              been withdrawn as the ``Part 121 Pilot Age Limit''
                                                              direct final rule has overtaken the need for this
                                                              proposed change.
5..............................  Sec.   61.19(b)...........  Extends the duration period for student pilot
                                                              certificates for persons under the age of 40
                                                              years.
6..............................  Sec.   61.19(b)(3)........  Extends the duration period for student pilot
                                                              certificates for persons seeking the glider or
                                                              balloon rating to 60 calendar months, regardless
                                                              of the age of the person.
7..............................  Sec.   61.19(d)...........  The NPRM proposed to issue flight instructor
                                                              certificates without expiration dates. The FAA has
                                                              decided to withdraw this proposal and will
                                                              continue to issue flight instructor certificates
                                                              with an expiration date.
8 & 81.........................  Sec.   61.19(e)...........  Parallels the ground instructor certificate
                                                              duration with the ground instructor currency
                                                              requirements in revised Sec.   61.217.
9..............................  Sec.   61.23(a)(3)(iv)-(v)  Makes minor editorial changes to the medical
                                                              certificate requirements.
9..............................  Sec.   61.23(a)(3)(vii)...  Permits Examiners to hold only a third class
                                                              medical certificate as already provided for in FAA
                                                              Order 8900.2.
10.............................  Sec.   61.23(b)(3)........  Clarifies that persons who are exercising the
                                                              privileges of their pilot certificate when
                                                              operating a balloon or a glider are not required
                                                              to hold a medical certificate.
11.............................  Sec.   61.23(b)(7)........  Clarifies that Examiners who administer practical
                                                              tests in a glider, balloon, flight simulator, or
                                                              flight training device are not required to hold a
                                                              medical certificate.
12.............................  Sec.   61.23(b)(8)........  Clarifies that no medical certificate is required
                                                              when taking a practical test in a glider, balloon,
                                                              flight simulator, or flight training device.
13.............................  Sec.   61.23(b)(9)........  Adds a provision that excuses U.S. military pilots
                                                              from obtaining an FAA medical certification, if
                                                              they hold an ``up-to-date'' medical clearance from
                                                              the U.S. Armed Forces, and the flight only
                                                              requires privileges of a third class medical
                                                              certificate and is conducted within U.S. airspace.
14.............................  Sec.   61.29(d)(3)........  Deletes the requirement that a person furnish his/
                                                              her Social Security Number.
15.............................  Sec.   61.31(d)(1), (2), &  Corrects a duplication of provisions between
                                  (3).                        paragraphs (d)(2) and (3).
16.............................  Sec.   61.31(k)...........  Establishes training for operating with night
                                                              vision goggles in a new paragraph (k).
17.............................  Sec.   61.35(a)(2)(iv)....  Clarifies when a person must show his/her current
                                                              residential address when making application for a
                                                              knowledge test.
18.............................  Sec.   61.39(b)(2)........  Deletes the word ``scheduled'' in front of the
                                                              phrase ``U.S. military air transport operations.''
19.............................  Sec.   61.39(c)(2)........  Deletes 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(a)(6)(i), (d)  Changes the phrase ``60 calendar days'' to read ``2
                                  and (e).                    calendar months'' for the training required prior
                                                              to the practical test.
21.............................  Sec.   61.43(a) and (b)...  Clarifies when single pilot performance is required
                                                              on the practical test versus permitting issuance
                                                              of the ``second in command'' limitation.
22.............................  Sec.   61.45(a)(2)(iii)...  Defines a military aircraft for the purpose of
                                                              using it for a practical test.
23.............................  Sec.   61.45(c)...........  Excepts gliders that are unpowered 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)....  Adds a provision for logging night vision goggle
                                                              time.
27.............................  Sec.   61.51(b)(1)(iv)....  Revises the instructions for logbook entries to
                                                              include aviation training device (ATD).
                                 Sec.   61.51(b)(2)(v)
                                 Sec.   61.51(b)(3)(iii)
25.............................  Sec.   61.51(e)(1)........  Corrects an omission and permits sport pilots and
                                                              airline transport pilots (ATPs) to log pilot in
                                                              command (PIC) flight time.
26.............................  Sec.   61.51(e)(1)(iv)....  Permits a pilot who is performing the duties of PIC
                                                              while under the supervision of a qualified PIC to
                                                              log PIC flight time.
27.............................  Sec.   61.51(g)(4)........  Requires that when using a flight simulator, flight
                                                              training device, or an ATD for training, an
                                                              instructor must be present and sign the person's
                                                              logbook or training record.
28.............................  Sec.   61.51(j)...........  Establishes 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)...........  Adds the criteria and standards for logging night
                                                              vision goggle time.
30.............................  Sec.   61.57(c)(1)........  In the NPRM, we had proposed to revise the
                                                              instrument recent flight experience for
                                                              maintaining instrument privileges in airplanes,
                                                              powered-lifts, helicopters, and airships. The FAA
                                                              has decided to maintain the existing instrument
                                                              recency requirements and just make formatting and
                                                              editorial revisions to the rule.
30.............................  Sec.   61.57(c)(2)-(5)....  Permits the use of flight simulators, flight
                                                              training devices, or ATDs for performing
                                                              instrument recent flight experience.
30.............................  Sec.   61.57(c)(6)........  Revises the instrument recent flight experience for
                                                              maintaining instrument privileges in gliders.

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31.............................  Sec.   61.57(d)...........  Clarifies 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)...........  Adds a night vision goggle recent operating
                                                              experience requirement to remain PIC qualified for
                                                              night vision goggle operations.
33.............................  Sec.   61.57(g)...........  Adds a night vision goggle proficiency check
                                                              requirement to remain PIC qualified for night
                                                              vision goggle operations.
34.............................  Sec.   61.59(a)-(b).......  The FAA has decided to withdraw this proposal that
                                                              would have paralleled this section with the
                                                              language contained in Sec.   67.403 of this
                                                              chapter.
35.............................  Sec.   61.63..............  Changes the section heading to read ``Additional
                                                              aircraft ratings (other than for ratings at the
                                                              airline transport pilot certificate level).''
35.............................  Sec.   61.63(c)(4)........  Clarifies what is intended for those applicants who
                                                              hold only a lighter than air (LTA)-Balloon rating
                                                              and who seek a LTA-Airship rating.
35.............................  Sec.   61.63(d)(5)........  Adds a provision to account for aircraft not
                                                              capable of instrument flight. Parallels revised
                                                              Sec.   61.157(b)(3).
35.............................  Sec.   61.63(e)...........  Amends the requirement for permitting use of
                                                              aircraft not capable of instrument flight for a
                                                              rating. Parallels revised Sec.   61.157(g).
35.............................  Sec.   61.63(f)...........  Clarifies 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 revised Sec.
                                                              61.157(h).
35.............................  Sec.   61.63(g)...........  Clarifies 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 revised Sec.   61.157(i).
36.............................  Sec.   61.64..............  Places 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 revised Sec.   61.64.
35.............................  Sec.   61.63(h)...........  Clarifies 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)...  Moves Sec.   61.63(e) and Sec.   61.157(g) to
                                                              revised Sec.   61.64. Simplifies and amends 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) &     Clarifies 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.
36.............................  Sec.   61.64(c) and (d)...  Moves Sec.   61.63(f) and Sec.   61.157(h) to
                                                              revised Sec.   61.64. Simplifies and amends 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) &     Clarifies 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)...  Moves Sec.   61.63(g) and Sec.   61.157(i) to
                                                              revised Sec.   61.64. Simplifies and amends 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) &     Clarifies 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)...........  For an airplane, requires at least 10 hours of
                                                              cross country time as PIC, appropriate to the
                                                              instrument rating sought, so that it conforms to
                                                              the ICAO requirements for instrument rating.
37.............................  Sec.   61.65(e)...........  For a helicopter, requires at least 10 hours of
                                                              cross country time as PIC, appropriate to the
                                                              instrument rating sought, so that it conforms to
                                                              the ICAO requirements for instrument rating.
37.............................  Sec.   61.65(f)...........  For a powered-lift, requires at least 10 hours of
                                                              cross country time as PIC, appropriate to the
                                                              instrument rating sought, so that it conforms to
                                                              the ICAO requirements for instrument rating.
37.............................  Sec.   61.65(g)...........  Makes 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)...........  Permits the use of an ATD to be used for 10 hours
                                                              of instrument time.
39.............................  Sec.   61.69(a)(4)........  Corrects a typographical error involving the word
                                                              ``or.''
40.............................  Sec.   61.69(a)(6)........  Increases the recent flight experience requirements
                                                              for tow pilots from 12 months to 24 months.
41.............................  Sec.   61.73(b)...........  Removes the requirement that military pilots and
                                                              former military pilots be on active flying status
                                                              within the past 12 months to qualify under these
                                                              special rules. Deletes the requirement that
                                                              military pilots and former military pilots have
                                                              PIC status to qualify for pilot certification
                                                              under these special rules. Also, makes minor
                                                              editorial changes.
41.............................  Sec.   61.73(c)...........  Allows military pilots of an Armed Force of a
                                                              foreign contracting State to International Civil
                                                              Aviation Organization (ICAO) to qualify for U.S.
                                                              Commercial Pilot Certificates and ratings provided
                                                              they are assigned in an operational U.S. military
                                                              unit for other than flight training purposes.
41.............................  Sec.   61.73(f)...........  Re-designates paragraph (g) as paragraph (f) and
                                                              deletes the phrase ``as pilot in command during
                                                              the 12 calendar months before the month of
                                                              application.''
42.............................  Sec.   61.73(g)...........  Allows issuance of flight instructor certificates
                                 Sec.   61.197(a)(2)(iv)...   and ratings to military instructor pilots and
                                                              examiners who can show having been designated as a
                                                              U.S. military instructor pilot or examiner.
                                                              Provides an alternative method for U.S. military
                                                              instructor pilots and examiners who hold an FAA
                                                              flight instructor certificate to renew their
                                                              flight instructor certificate and ratings.

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43.............................  Sec.   61.73(h)...........  Clarifies the 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)...........  Requires a holder of a foreign pilot license to
                                                              have at least a foreign private pilot license in
                                                              order to apply for a U.S. private pilot
                                                              certificate under Sec.   61.75.
44.............................  Sec.   61.75(b)...........  Requires a holder of a foreign pilot license to
                                                              have at least a foreign private pilot license in
                                                              order to apply for a U.S. private pilot
                                                              certificate under Sec.   61.75.
45.............................  Sec.   61.75(b)(3)........  Adds ``other than a U.S. student pilot
                                                              certificate.''
46.............................  Sec.   61.75(c)...........  Adds 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)...........  Adds the qualifier ``valid.''
47.............................  Sec.   61.75(e)...........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate.''
47.............................  Sec.   61.75(e)(1)........  Corrects an error: Where the rule stated ``private
                                                              pilot privilege,'' it has been corrected to read:
                                                              ``pilot privileges authorized by this part and the
                                                              limitations placed on that U.S. pilot
                                                              certificate.''
47.............................  Sec.   61.75(e)(4)........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate.''
47.............................  Sec.   61.75(f)...........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate'' in 2 places.
47.............................  Sec.   61.75(g)...........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate'' in 2 places.
48.............................  Sec.   61.77(a)(2)........  Clarifies who can be issued a special purpose pilot
                                                              authorization.
48.............................  Sec.   61.77(b)(1)........  Clarifies the requirements for issuance of a
                                                              special purpose pilot authorization.
48.............................  Sec.   61.77(b)(5)........  Deletes a requirement that an applicant have
                                                              documentation of meeting the recent flight
                                                              experience requirements of part 61 be issued a
                                                              special purpose pilot authorization.
49.............................  Sec.   61.96(b)(9)........  Requires an applicant for a recreational pilot
                                                              certificate to hold either a student pilot
                                                              certificate or sport pilot certificate.
50.............................  Sec.   61.101(e)(1)(iii)    Excludes aircraft that are certificated as
                                  and (j).                    rotorcraft from the 180 horsepower powerplant
                                                              limitation. Corrects a mistake in paragraph (j)
                                                              that references ``paragraph (h)'' where the rule
                                                              should reference ``paragraph (i).''
51.............................  Sec.   61.103(j)..........  Requires a private pilot certificate applicant to
                                                              hold a student pilot certificate, recreational
                                                              pilot certificate, or sport pilot certificate.
52.............................  Sec.   61.109(a)(5)(ii)...  Changes 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)...  Changes the distance on a cross country flight for
                                                              private pilot certification--multiengine airplane
                                                              rating from ``at least 50 nautical miles'' to
                                                              ``more than 50 nautical miles.''
53.............................  Sec.   61.109(c)(4)(ii)...  Changes the distance on the solo cross country
                                                              flight for private pilot certification--helicopter
                                                              rating to conform to ICAO requirements. Changes
                                                              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.''
54.............................  Sec.   61.109(d)(4)(ii)...  Changes the distance on the solo cross country
                                                              flight for private pilot certification--gyroplane
                                                              rating to conform to ICAO requirements. Changes
                                                              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)...  Changes 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)...  Adds ``ground reference maneuvers'' as an area of
                                                              operation for commercial pilot certification--
                                                              gyroplane rating.
56.............................  Sec.   61.127(b)(5)(vii)..  Deletes ``ground reference maneuvers'' for
                                                              commercial pilot certification powered lift
                                                              rating.
57.............................  Sec.   61.129(a)(3)(i)....  Clarifies the instrument training tasks required
                                                              for commercial pilot certification--airplane
                                                              single engine rating by requiring training using a
                                                              view-limiting device.
62.............................  Sec.   61.129(a)(3)(iii)..  Allows the daytime cross country flight for
                                                              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)...  Allows the cross country flight at nighttime for
                                                              commercial pilot certification airplane single
                                                              engine rating to be performed under VFR or IFR.
64.............................  Sec.   61.129(a)(4).......  Permits 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)....  Requires instrument training tasks for commercial
                                                              pilot certification airplane multiengine rating to
                                                              include training using a view-limiting device.
62.............................  Sec.   61.129(b)(3)(iii)..  Allows the daytime cross country flight for
                                                              commercial pilot certification multiengine
                                                              airplane rating to be performed under VFR or IFR.
62.............................  Sec.   61.129(b)(3)(iv)...  Allows the cross country flight at nighttime for
                                                              commercial pilot certification multiengine
                                                              airplane rating to be performed under VFR or IFR.
59.............................  Sec.   61.129(c)(3)(i)....  Reduces 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 permits it to be performed in an aircraft,
                                                              flight simulator, or flight training device.
                                                              Clarifies 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)...  Permits the daytime cross country flight for
                                                              commercial pilot certification helicopter rating
                                                              to be performed under VFR or IFR.

[[Page 42504]]


62.............................  Sec.   61.129(c)(3)(iii)..  Permits the cross country flight at nighttime for
                                                              commercial pilot certification helicopter rating
                                                              to be performed under VFR or IFR.
64.............................  Sec.   61.129(c)(4).......  Permits training for commercial pilot certification
                                                              helicopter rating to be performed solo or with an
                                                              instructor onboard.
60.............................  Sec.   61.129(d)(3)(i)....  Reduces 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 permits it
                                                              to be conducted in an aircraft, flight simulator,
                                                              or flight training device. Clarifies 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)...  Allows the daytime cross country flight for
                                                              commercial pilot certification gyroplane rating to
                                                              be performed under VFR or IFR.
63.............................  Sec.   61.129(d)(3)(iii)..  Deletes the requirement for a cross country flight
                                                              at nighttime for commercial pilot certification
                                                              gyroplane rating and establishes it as ``At least
                                                              two hours of flight training during nighttime
                                                              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).......  Permits training for commercial pilot certification
                                                              gyroplane rating to be performed solo or with an
                                                              instructor onboard.
61.............................  Sec.   61.129(e)(3)(i)....  Requires that instrument training tasks for
                                                              commercial pilot certification powered-lift rating
                                                              include training using a view-limiting device.
61.............................  Sec.   61.129(e)(3)(ii)...  Permits the cross country flight at nighttime for
                                                              commercial pilot certification powered-lift rating
                                                              to be performed under VFR or IFR.
62.............................  Sec.   61.129(e)(3)(iii)..  Permits the cross country flight at nighttime for
                                                              commercial pilot certification powered-lift rating
                                                              to be performed under VFR or IFR.
64.............................  Sec.   61.129(e)(4).......  Permits training for commercial pilot certification
                                                              powered-lift rating to be performed solo or with
                                                              an instructor onboard.
64.............................  Sec.   61.129(g)(2).......  Permits 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).......  Reformats paragraph (3) into subparagraphs (i) and
                                                              (ii). Clarifies that the instrument training tasks
                                                              for commercial pilot certification airship rating
                                                              requires instrument training using a view-limiting
                                                              device.
62.............................  Sec.   61.129(g)(4)(ii) &   Permits the cross country training for commercial
                                  (iii).                      pilot certification airship rating to be performed
                                                              under VFR or IFR.
66.............................  Sec.   61.153(d)(3)(i),     Further clarifies the additional condition to
                                  (ii).                       qualify for a U.S. ATP certificate on the basis of
                                                              a foreign pilot certificate.
67.............................  Sec.   61.157.............  Reprints this section in its entirety due to
                                                              numerous editorial, formatting, and technical
                                                              revisions.
67.............................  Sec.   61.157(b)..........  Adds the language ``or a type rating that is
                                                              completed concurrently with an airline transport
                                                              pilot certificate'' for clarification purposes.
                                                              Reformats this section 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. This
                                                              revision parallels the changes in Sec.   61.63(e).
67.............................  Sec.   61.157(f)(1)(ii)...  Clarifies the aeronautical knowledge areas of the
                                                              competency check under Sec.   135.293 for
                                                              qualifying for an aircraft rating. The reason for
                                                              this change is because Part 142 training centers
                                                              and designated pilot examiners are only authorized
                                                              to test an applicant on the aeronautical knowledge
                                                              areas of Sec.   135.293(a)(2) and (3) and not on
                                                              the aeronautical knowledge areas of Sec.
                                                              135.293(a)(1) and (4) through (8). Procedurally,
                                                              the FAA only permits the part 135 operator's check
                                                              airman and FAA Inspectors to test the applicant on
                                                              the aeronautical knowledge areas of Sec.
                                                              135.293(a)(1) and (4) through (8).
36 & 67........................  Sec.   61.157(g)..........  Clarifies the use of flight simulators and flight
                                                              training devices and applicant qualifications for
                                                              the airplane rating at the ATP certification level
                                                              and moves it in to Sec.   61.64 in paragraph (a)
                                                              and (b).
36 & 67........................  Sec.   61.157(h)..........  Clarifies the use of flight simulators and flight
                                                              training devices and applicant qualifications for
                                                              the helicopter rating at the ATP certification
                                                              level and moves it into Sec.   61.64 in paragraph
                                                              (c) and (d).
36 & 67........................  Sec.   61.157(i)..........  Clarifies the use of flight simulators and flight
                                                              training devices and applicant qualifications for
                                                              the powered-lift rating at the ATP certification
                                                              level and moves it into Sec.   61.64 as paragraph
                                                              (e) and (f).
68.............................  Sec.   61.157(g)..........  Re-designates 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. This revision
                                                              parallels the changes in 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.
                                                              This revision parallels the changes in Sec.
                                                              61.63(f).
69.............................  Sec.   61.157(i)..........  Adds a provision permitting 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.
                                                              This revision parallels the changes in Sec.
                                                              61.63(g).
70.............................  Sec.   61.159(c)(3).......  Adds 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)..........  Clarifies when an applicant may be issued an ATP
                                                              certificate with the ICAO endorsement.

[[Page 42505]]


71.............................  Sec.   61.159(e)..........  Clarifies a holder of an ATP certificate with the
                                                              ICAO endorsement may have the endorsement removed
                                                              after meeting the aeronautical experience of
                                                              revised Sec.   61.159(d).
72.............................  Sec.   61.187(b)(6)(vii)..  Deletes the ``go around maneuver'' for flight
                                                              instructor certification for the glider rating.
73.............................  Sec.   61.195(c)(1) & (2).  Establishes the flight instructor qualifications
                                                              for providing instrument training in flight to be
                                                              a CFII in the appropriate category and class of
                                                              aircraft.
74.............................  Sec.   61.195(d)(3).......  Deletes requirement that a flight instructor must
                                                              sign a student's certificate for authorizing solo
                                                              flight in Class B airspace.
75.............................  Sec.   61.195(k)..........  Adds flight instructor qualifications for giving
                                                              the PIC night vision goggle qualification and
                                                              currency training.
7..............................  Sec.   61.197(a)(2).......  This proposal has been withdrawn, because the FAA
                                                              has decided to continue to issue flight instructor
                                                              certificates with an expiration date. The proposal
                                                              would have established flight instructor renewal
                                                              procedures without requiring re-issuance of the
                                                              actual flight instructor certificate.
7..............................  Sec.   61.199(a)..........  This proposal would have established flight
                                                              instructor reinstatement procedures without
                                                              requiring re-issuance of the actual flight
                                                              instructor certificate. That proposal has been
                                                              withdrawn, because the FAA has decided to continue
                                                              to issue flight instructor certificates with an
                                                              expiration date. The FAA is making a minor change
                                                              to this rule to clarify the reinstatement
                                                              requirements to allow the performance of a single
                                                              CFI reinstatement practical test renews the other
                                                              ratings held on that flight instructor
                                                              certificate.
76.............................  Sec.   61.215(b)..........  Deletes the privilege of advance ground instructors
                                                              (AGIs) to provide training and endorsement for
                                                              instrument training.
77.............................  Sec.   61.217(a)-(d)......  Establishes new currency requirements for ground
                                                              instructors.
78.............................  Sec.   91.205(h)..........  Establishes the required instruments & equipment
                                                              for night vision goggle operations.
79.............................  Sec.   141.5(a)-(e).......  Clarifies 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..............  Corrects the rule language for issuing examining
                                                              authority.
81.............................  Sec.   141.33(d)(2).......  Reduces the number of student enrollments to
                                                              qualify for a check instructor position to 10
                                                              students.
82.............................  Sec.   141.39.............  Permits 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).......  Deletes subparagraph (c)(1) to remove an obsolete
                                                              date.
84.............................  Sec.   141.55(e)(2)(ii)...  Corrects the phrase ``the practical or knowledge
                                                              test, or any combination thereof'' to read ``the
                                                              practical or knowledge test, as appropriate.''
85.............................  Sec.   141.77(c)(1), (2),   Makes a technical correction to the language in the
                                  and (3).                    rules about the proficiency and knowledge test
                                                              required for transfer students to a part 141 pilot
                                                              school.
86.............................  Sec.   141.85(a)(1) & (d).  Clarifies duties and responsibilities that chief
                                                              instructor may delegate to an assistant chief
                                                              instructor and recommending instructor.
87.............................  Part 141, Appx. B. para. 2  Changes the eligibility requirement for enrollment
                                                              into the flight portion of the private pilot
                                                              certification course to only require a
                                                              recreational, sport, or student pilot certificate
                                                              prior to entry into the solo phase of the flight
                                                              portion of the course.
88.............................  Part 141, Appx. B. para.    Corrects in the private pilot certification single
                                  4(b)(1)(i).                 engine airplane course requirement by changing the
                                                              training required to read ``on the control and
                                                              maneuvering of a single engine airplane solely by
                                                              reference to instruments'' instead of calling it
                                                              ``instrument training.''
88.............................  Part 141, Appx. B. para.    Corrects the private pilot certification
                                  4(b)(2)(i).                 multiengine airplane course requirement by
                                                              changing the training required to read ``on the
                                                              control and maneuvering of a multiengine airplane
                                                              solely by reference to instruments.''
88.............................  Part 141, Appx. B. para.    Corrects the private pilot certification powered-
                                  4(b)(5)(i).                 lift course requirement by changing the training
                                                              required to read ``on the control and maneuvering
                                                              of a powered-lift solely by reference to
                                                              instruments.''
89.............................  Part 141, Appx. B. para.    Changes the distance for the cross country flight
                                  5(a)(1).                    in the private pilot certification--airplane
                                                              single engine course from ``at least 50 nautical
                                                              miles'' to read ``more than 50 nautical miles.''
90.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(b)(1).                    the private pilot certification--airplane
                                                              multiengine course from ``at least 50 nautical
                                                              miles'' to read ``more than 50 nautical miles.''
91.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(c)(1).                    the private pilot certification helicopter course
                                                              to conform to ICAO requirements to be a cross
                                                              country flight of at least 100 nautical miles.
                                                              Changed the phrase ``at least 25 nautical miles''
                                                              to read ``more than 25 nautical miles.''
92.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(d)(1).                    the private pilot certification--gyroplane course
                                                              from ``at least 25 nautical miles'' to read ``more
                                                              than 25 nautical miles.''
93.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(e)(1).                    the private pilot certification--powered lift
                                                              course from ``at least 50 nautical miles'' to read
                                                              ``more than 50 nautical miles.''
94.............................  Part 141, Appx. C. para.    Allows approval of instrument rating courses that
                                  4(b)(5) & (6).              give credit for instrument training on an ATD.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(1)(i).                 commercial pilot certification airplane single
                                                              engine course include training using a view-
                                                              limiting device.
99.............................  Part 141, Appx. D. para.    Allows the complex airplane training in the
                                  4(b)(1)(ii).                commercial pilot certificate single engine
                                                              airplane course to be performed in either in a
                                                              single engine complex airplane or multiengine
                                                              complex airplane.

[[Page 42506]]


96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight for the
                                  4(b)(1)(iii).               commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight for the
                                  4(b)(1)(iv).                commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(2)(i).                 commercial pilot certification airplane
                                                              multiengine course include training using a view-
                                                              limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight for the
                                  4(b)(2)(iii).               commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight for the
                                  4(b)(2)(iv).                commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(3)(i).                 commercial pilot certification helicopter course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(3)(ii).                commercial pilot certificate helicopter course to
                                                              be performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight in the
                                  4(b)(3)(iii).               commercial pilot certificate helicopter course to
                                                              be performed under VFR or IFR.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(4)(i).                 commercial pilot certification gyroplane course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(4)(ii).                commercial pilot certificate gyroplane course to
                                                              be performed under VFR or IFR.
97.............................  Part 141, Appx. D. para.    Requires a nighttime cross country flight in the
                                  4(b)(4)(iii).               commercial pilot certificate gyroplane course to
                                                              include at least two hours of flight training
                                                              during nighttime 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............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(5)(i).                 commercial pilot certification powered-lift course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(5)(ii).                commercial pilot certificate powered-lift course
                                                              to be performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight in the
                                  4(b)(5)(iii).               commercial pilot certificate powered-lift course
                                                              to be performed under VFR or IFR.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(7)(i).                 commercial pilot certification airship course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(7)(ii).                commercial pilot certificate airship rating course
                                                              to be performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight in the
                                  4(b)(7)(iii).               commercial pilot certificate airship rating course
                                                              to be performed under VFR or IFR.
98.............................  Part 141, Appx. D. para.    Adds ``ground reference maneuvers'' as an area of
                                  4(d)(4)(vi).                operation for the gyroplane rating in the
                                                              commercial pilot certificate course.
95.............................  Part 141, Appx. D. para.    Allows training to be performed solo or with an
                                  5(a), (c ), (d), & (e).     instructor onboard for the commercial pilot
                                                              certificate courses.
101............................  Part 141, Appx. E. para. 2  Clarifies that a person prior to having completed
                                                              the flight portion of the ATP course must have met
                                                              the ATP aeronautical experience requirements of
                                                              part 61, subpart G.
102............................  Part 141, Appx. I. para. 3  Clarifies the amount and content of ground and
                                  and 4.                      flight training for the add-on aircraft category
                                                              and/or class rating courses in the recreational,
                                                              private, commercial, and ATP certification
                                                              courses.
----------------------------------------------------------------------------------------------------------------

Differences Between NPRM and Final Rule

    The notice of proposed rulemaking (NPRM) generated considerable 
interest and commentary by the pilot, flight instructor, and flight 
school community as well as other stakeholders. While the FAA is 
appreciative of all comments, recommendations, and suggestions made 
during NPRM period, they are not always related to the instant final 
rule.
    The FAA received general comments on aviation industry future 
trends. Comments on cockpit resource management (CRM) and general 
aviation (GA) trends, including very light jet (VLJ), will be addressed 
in other FAA rulemakings.
    In response to several comments that rule changes would result in 
undue recordkeeping burdens for certificate holders and cause new 
problems such as identity theft, we have explained our requirements and 
rationale in the preamble of this final rule. We find the revisions 
will clarify and eliminate duplication of certain sections and, in 
fact, reduce paperwork. As detailed later in this document, revised 
Sec.  61.29(d)(3) ends the requirement that a person requesting 
replacement of a lost or destroyed airman certificate, medical 
certificate, or knowledge test report must furnish their Social 
Security Number. The change improves privacy by one less place where a 
Social Security Number must be furnished and complies with Federal Law 
that forbids mandating a Social Security Number for identification 
purposes. The FAA has started a rulemaking process revising the pilot 
certificate requirements that when exercising the privilege of a pilot 
certificate, the person must carry photo identification acceptable to 
the Administrator. This exercise will also address security concerns 
regarding pilot identification. Details on this rulemaking will appear 
in the Federal Register in due course and comments will be solicited 
before a final rule is promulgated.
    Responding to concerns that the FAA will deny or revoke privileges 
for inadvertent inaccuracies, based on re-review of Sec.  61.59 we do 
not find this rule invalidates existing regulatory requirements for 
recording flight experience. It is not FAA's intention to deny or 
revoke privileges for inadvertent inaccuracies. In fact, many of the 
``e-initiatives'' of FAA, Department of Transportation, and the Federal 
Government make applications, submission, and corrections easier. At 
present, a number of processes can be

[[Page 42507]]

completed online including the renewal of instructor flight 
certificates. The FAA has also made numerous editorial changes for 
clarity.

Editorial Comments

    The FAA has made numerous editorial changes referenced by the 
previous Summary of Revision Table and detailed comments appear by 
Revision Number (Revision Number or Revision No.). One commenter noted 
FAA Order 8710.3D referenced in the NPRM, has been superseded by FAA 
Order 8900.2 and recommended the references be updated. The FAA agrees 
and the corrected reference ``FAA Order 8900.2'' appears throughout 
this document.

Discussion of the Final Rule

1. This revision of Sec.  61.1(b)(13) defines the term ``night vision 
goggles''

    Revised Sec.  61.1(b)(13) defines ``night vision goggles'' (NVG) to 
mean ``an appliance worn by a pilot that enhances the pilot's ability 
to maintain visual surface reference at night.''
    Two commenters supported the proposed definition for night vision 
goggles. One commenter, while supporting the general concept of 
defining and addressing night vision goggle operations, thought 
specific operational details should be left to NVG users.
    The FAA is adopting the revision as proposed in the NPRM.

2. This revision of Sec.  61.1(b)(14) defines the term ``night vision 
goggle operation''

    This final rule creates a new Sec.  61.1(b)(14) by defining ``night 
vision goggle operation'' as ``a flight at night where the pilot 
maintains visual surface reference utilizing NVGs in an aircraft that 
is approved for NVG operations.''
    One commenter supported the general concept of defining and 
addressing night vision goggle (NVG) operations, while deferring to NVG 
users regarding specific details of the proposed provisions. Two 
commenters objected to the NVG definition on safety grounds. The 
commenters believed the proposed definition implies visual references 
to the surface may be maintained solely by NVG use and, in the event of 
a NVG malfunction, pilots could be left without any visual references.
    The FAA does not believe that the definition of ``night vision 
goggle operation'' would in any way affect safety in the event of a NVG 
malfunction. Required pilot training should ensure a pilot has the 
skills and ability to revert to visual flight. Therefore, the FAA is 
adopting the revision as it was proposed in the NPRM.

3. This revision establishes a new Sec.  61.2 that clarifies the 
requirements regarding ``currency'' and ``validity'' throughout part 61 
as it relates to exercising the privileges of an airman certificate, 
rating, endorsement, or authorization issued under this part

    The FAA had proposed to revise 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) to clarify that airman certificates, ratings, and 
authorizations had to be ``current'' and/or ``valid,'' or both, where 
and when appropriate. However, the FAA has now decided to remove the 
words ``current'' and ``valid'' entirely throughout part 61. This new 
Sec.  61.2 establishes the requirements for ``currency'' and 
``validity'' as it relates to exercising the privileges of an airman 
certificate, rating or authorization. As a result of adding this new 
Sec.  61.2, we have removed the word ``current'' from Sec. Sec.  61.1, 
61.3, 61.19, 61.23, 61.25, 61.39, 61.51, 61.53, 61.55, 61.63, 61.65, 
61.73, 61.75, 61.77, 61.89, 61.93, 61.101, 61.157, 61.185, 61.195, 
61.197, 61.199, 61.213, 61.303, 61.403, 61.407, 61.429, and 61.431. 
Furthermore, by adding this new Sec.  61.2, we have also removed the 
word ``valid'' from Sec. Sec.  61.1, 61.3, 61.23, 61.53, 61.75, 61.77, 
61.101, 61.303, 61.403, 61.429, and 61.431.
    The words ``current'' and ``valid'' had not been defined until we 
proposed the definitions in the NPRM (i.e., Notice No. 06-20; 72 FR 
5806-5854; February 7, 2007). In the past, the words ``current'' and 
``valid'' had been used in some sections of part 61, but not 
consistently or universally. Section 61.2 establishes the requirements 
for ``currency'' and ``validity'' as it relates to a person's 
certificate, rating, endorsement, or authorization in order to exercise 
the privileges of that certificate, rating, endorsement or 
authorization.
    Five commenters expressed support for the various additions or 
replacements making clear that certificates, ratings, and other 
privileges must be current and valid for use. One commenter pointed out 
that the changes clarify that mere possession of a certificate is not 
necessarily sufficient to meet requirements.
    Six commenters asserted that the proposed additions or revisions 
are unnecessary. Three commenters asserted that the requirement for 
certificates and ratings to be current and valid is implied, and it is 
not necessary to revise the regulations to reflect them. One commenter 
asserted that the regulatory requirements for exercising privileges are 
effective regardless of whether a regulation specifically requires that 
a privilege be current. Three commenters believed that the proposed 
changes to Sec.  61.1 make adequately clear that pilots' certificates 
must be both valid and current, and that it is unnecessary to add the 
qualifier ``current and valid'' throughout part 61. Three commenters 
recommended that, instead of making changes throughout part 61, the FAA 
define valid and current in Sec.  1.1 of the regulations. One commenter 
suggested a blanket statement to the effect that certificate holders 
are required to meet all standards required to exercise any particular 
privilege at the time of intended use. One commenter pointed out that 
many certificate types have no expiration, making currency a moot 
issue.
    Six commenters pointed out that there is nothing on the face of 
pilot certificates that indicates currency or validity, and that 
reference to a logbook or training records is required. Three 
commenters asserted that compliance with the proposed rules would 
require a pilot to carry logbooks or flight training records to prove 
currency, and object to the proposal for that reason. These commenters 
asserted that requiring pilots to carry logbooks would expose them to 
loss or damage, and that pilots using computer-based flight records 
would be unable to comply. Two commenters urged that the proposed rules 
not be interpreted to require pilots to carry logbooks. One commenter 
recommended that the regulations require a pilot to make proof of 
currency available within a reasonable time upon inquiry.
    Five commenters opposed the proposed additions and revisions 
because they believe that they will confuse matters rather than clarify 
them. Two commenters asserted that confusion will result from the fact 
that different currency requirements apply to different operations. One 
commenter asserted that there is no distinction between a current 
certificate and a valid one.
    The changes made here do not establish additional requirements on 
pilots, flight instructors, and ground instructors, but merely clarify 
the meaning of the rules. The FAA acknowledges the comments received on 
this proposal, and therefore we decided to clarify the requirements for

[[Page 42508]]

``currency'' and ``validity'' by establishing this new Sec.  61.2.

4. This revision of Sec.  61.3(j)(3) deletes an obsolete date

    We had proposed to delete the existing Sec.  61.3(j)(3) that 
references obsolete dates. Section 61.3(j)(3) 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.'' However, Sec.  61.3(j)(3) is being revised 
in the ``Part 121 Pilot Age Limit'' direct final rule, and so we have 
withdrawn the proposal to delete it in this rulemaking project. We also 
had proposed deleting the statement in ``Except as provided in 
paragraph (j)(3) of this section'' under Sec.  61.3(j)(1). Again, we 
have withdrawn this proposal, because the ``Part 121 Pilot Age Limit'' 
direct final rule will conform the age at which pilots may serve in 
part 121 air carrier operation to the Fair Treatment for Experienced 
Pilots Act, Public Law 110-135.
    Two commenters supported elimination of the exception to age 
limitations because the date has passed. Two commenters opposed 
application of age limitations on operating privileges. One commenter 
recommended relaxing the age limitations with respect to certain 
operations, noting that available data does not provide a logical 
basis. One other commenter argued that, irrespective of age, an 
individual should be permitted to exercise all privileges if he/she can 
pass the applicable medical examination.
    The FAA acknowledges the comments received on this proposal. The 
FAA will amend Sec.  61.3(j)(3) in the ``Part 121 Pilot Age Limit'' 
direct final rule.

5. This revision of Sec.  61.19(b) amends the duration of the student 
pilot certificate

    In the NPRM, we had proposed to revise Sec.  61.19(b) to extend the 
duration period for the student pilot certificate to thirty-six 
calendar months for individuals under the age of 40 years. Since we 
proposed this revision, the FAA has issued the ``Modification of 
Certain Medical Standards and Procedures and Duration of Certain 
Medical Certificates'' final rule (73 FR 43064; July 24, 2008) 
incorporating a new Sec.  61.23(d) that extended the duration of the 
third class medical certificate to the ``60th month after the month of 
the date of examination shown on the medical certificate'' for persons 
under the age of 40 years. Therefore, we are making a conforming change 
that further revises Sec.  61.19(b) to parallel with the provisions set 
forth in the ``Modification of Certain Medical Standards and Procedures 
and Duration of Certain Medical Certificates'' final rule.
    Twelve commenters supported the proposed revision. Five commenters 
supported the proposed correspondence to the duration of third class 
medical certificate, but recommended that the provision also take into 
account a proposed change in the duration of those certificates. One 
commenter supported the proposed provision, but recommended it be 
applicable to all student pilots, regardless of age. Three commenters 
expressed support for increasing duration of student pilot certificates 
for persons seeking a glider or balloon rating and one person 
recommended that the duration also be increased for those seeking an 
airship rating, because of the limited training assets available.
    The FAA acknowledges the supportive comments received on this 
proposal, and has made the changes and conforming changes to Sec.  
61.19(b).

6. This revision of Sec.  61.19(b)(3) extends the duration period to 36 
calendar months for the student pilot certificate for persons seeking a 
balloon or glider rating

    In the NPRM, we proposed to revise Sec.  61.19(b)(3) to extend the 
duration period for the student pilot certificate for persons seeking a 
balloon or glider rating to thirty-six calendar months. Since we 
proposed this revision, the FAA has issued the ``Modification of 
Certain Medical Standards and Procedures and Duration of Certain 
Medical Certificates'' final rule (73 FR 43064; July 24, 2008) that 
incorporates a new Sec.  61.23(d) that extended the duration of the 
third class medical certificate to the ``60th month after the month of 
the date of examination shown on the medical certificate'' for persons 
under the age of 40 years. Therefore, we are making a conforming change 
that further revises Sec.  61.19(b)(3) to parallel the provisions set 
forth in the ``Modification of Certain Medical Standards and Procedures 
and Duration of Certain Medical Certificates'' final rule. In effect, 
this revision extends the duration period for the student pilot 
certificate for persons seeking a balloon or glider rating to 60 
calendar months after the month of the date the student pilot 
certificate was issued, regardless of the age of the person. Under the 
rule, persons seeking a balloon or glider rating are not required to 
hold a medical certificate (See Sec.  61.23(b)(1)).
    Three commenters supported the proposed increase in duration of 
student pilot certificates for persons seeking a glider or balloon 
rating. One commenter recommended the duration also be increased for 
persons seeking an airship rating due to the limited training assets 
available. The FAA has determined that the recommendation to expand 
this revision to include persons seeking an airship rating is beyond 
the scope of this final rule.
    The FAA acknowledges the comments received on this proposal, and 
has made the change and conforming changes to Sec.  61.19(b)(3).

7. This proposal would have amended Sec. Sec.  61.19(d), 61.197(a), and 
61.199 to allow for the issuance of a flight instructor certificate 
without an expiration date and clarifies the flight instructor 
certificate reinstatement requirements

    The FAA proposed in the NPRM to revise Sec. Sec.  61.19(d), 
61.197(a), and 61.199 allowing issuance of flight instructor 
certificates without an expiration date. After further consideration 
and additional analysis and review of comments, we have determined 
revising our application procedures can achieve equivalent results. We 
plan to adopt a simplified application process where a flight 
instructor refresher course (FIRC) provider can submit applications 
directly to the FAA's Airman Certification Branch in Oklahoma City, 
Oklahoma. When the flight instructor renewal applicant signs and 
completes an application, the FIRC provider mails the application 
directly to the FAA's Airman Certification Branch. At this point, the 
FAA will prepare and issue the renewed flight instructor certificate 
with a new expiration date.
    We also decided to continue issuing flight instructor certificates 
with expiration dates, but through a simplified application process. 
This simplified application process allows for the flight instructor 
renewal applicant to complete and sign new ``Flight Instructor Renewal 
Application,'' FAA Form 8710-1 CFI. If the flight instructor renewal 
application is a result of completing FIRC training course of training, 
most FIRC providers have Airman Certification Representatives assigned 
to process their flight instructor renewal applications. The FAA's 
Airman Certification Branch, AFS-760, has a process in place where most 
FIRC providers are now permitted to submit their flight instructor 
renewal applications directly to the FAA's Airman Certification Branch.

[[Page 42509]]

    Under this process, a FIRC provider's entire responsibility is to 
positively identify applicant, sign application, and send to the FAA 
Airman Certification Branch. The FAA's Airman Certification Branch will 
then process and issue the renewed flight instructor certificate. 
Although the Aircraft Owner and Pilots Association (AOPA) Safety 
Foundation petitioned the FAA to issue flight instructor certificates 
without an expiration date, we believe our simplified application 
process provides equivalent results. Furthermore, since the AOPA Safety 
Foundation petitioned for this change in 1999, the FAA believes its 
changes in the application and certification process have negated the 
need for the petitioned change.

8. This revision of Sec.  61.19(e) standardizes the recent experience 
requirements for the ground instructor certificate

    This final rule amends Sec.  61.19(e) linking currency requirements 
for the ground instructor certificate with duration period 
requirements. Our intent is to further clarify currency requirements 
for ground instructors. Since issuance of Sec.  61.19(e), there have 
been some questions about how a ground instructor remains current. By 
revising Sec.  61.19(e) and linking this provision with the recent 
experience requirements under revised Sec.  61.217 we provide clarity. 
Four commenters supported the proposed provisions bringing ground 
instructor certificate durations in line with currency requirements.
    The Greater St. Louis Flight Instructor Association recommended 
ground instructors be required to complete a Flight Instructor 
Refresher Clinic to renew their privileges every 2 years. Such a 
renewal requirement would refresh instructors on core concepts and 
allow introduction of new material.
    The FAA is adopting the revision as proposed in the NPRM.

9. This revision of Sec.  61.23(a)(3)(vii) provides for Examiners to 
only be required to hold a third class medical certificate

    Amended Sec.  61.23(a)(3)(vii) requires Examiners to hold only a 
third class medical certificate. The FAA wants to parallel Examiners' 
medical certificate requirements in FAA Order 8900.2. FAA Order 8900.2 
requires that an Examiner hold only a third class medical certificate 
when performing practical tests in an aircraft (with an exception for 
Examiners administering practical tests in a glider or balloon).
    Four commenters supported the provision permitting examiners to 
hold only a third class medical certificate. The Greater St. Louis 
Flight Instructor Association asserted that examiners should not be 
required to hold a medical certificate at all, because, according to 
Sec.  61.47, an Examiner is not the pilot in command (PIC). The 
association further asserted that Examiners reviewing sport pilot 
certificate applicants should not be required to hold a medical 
certificate.
    The FAA acknowledges the comments received about our proposals. We 
are adopting the provision permitting Examiners only be required to 
hold third class medical certificates in Sec.  61.23(a)(3)(vii).

10. This revision of Sec.  61.23(b)(3) clarifies that persons 
exercising the privileges of a glider or balloon rating are not 
required to hold a medical certificate

    This final rule amends Sec.  61.23(b)(3) by clarifying 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 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. Section 61.23(b)(3) now clarifies that persons exercising 
the privileges of their glider or balloon rating, as appropriate, are 
not required to hold a medical certificate. As specified in the revised 
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.
    Two commenters supported the proposed clarification that no medical 
certificate is required to exercise private pilot privileges in a 
balloon or glider. The FAA is adopting this change because it further 
clarifies Sec.  61.23(b)(3) that when pilots are exercising the 
privileges of their glider or balloon rating, they do not have to hold 
a medical certificate.

11. This revision of Sec.  61.23(b)(7) adds situations where an 
Examiner need not hold a medical certificate

    This final rule amends 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/she will 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.
    Two commenters supported the proposed clarification that no medical 
certificate is required to administer a practical test in a glider, 
balloon, flight simulator, or flight training device. The FAA is 
adopting the revision as proposed in the NPRM.

12. This revision of Sec.  61.23(b)(8) adds situations where an 
applicant need not hold a medical certificate

    This final rule amends Sec.  61.23(b)(8) establishing 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.
    Two commenters supported the proposed clarification adding that a 
medical certificate is not required to undergo a practical test in a 
glider, balloon, flight simulator, or flight training device.
    The FAA is adopting the revision as proposed in the NPRM.

13. This revision of Sec.  61.23(b)(9) relieves military pilots of the 
U.S. Armed Forces from having to obtain an FAA medical certificate

    This final rule adds a new Sec.  61.23(b)(9) that, in some cases, 
relieves military pilots from the requirement to have an FAA medical 
certificate. Instead, military pilots must have an up-to-date medical 
examination conducted by the U.S. Armed Forces, which authorizes them 
to perform flight duty. This exception is for military pilots from the 
U.S. Air Force, U.S. Army, U.S. Marine Corps, U.S. Navy, U.S. Coast 
Guard, and National Guard and Reserve units.
    The pilot's authorization for flight duty must be up to date on the 
date he or she relies on the military medical authorization to qualify 
for the Sec.  61.23(b)(9) exception. We are using the general phrase 
``up to date'' to modify a pertinent military medical authorization 
because the terminology

[[Page 42510]]

regarding flight duty/flight status varies between the Army, Navy, Air 
Force, Marine Corps, Coast Guard, and National Guard and Reserve. The 
exception may be only used for flights requiring privileges of an FAA 
third-class medical certificate and when flying within U.S. airspace. 
We have limited this exception to operations within U.S. airspace 
because international standard (Annex 1 to the Convention on 
International Civil Aviation) requires pilots to hold an appropriate 
medical certificate from their civil aviation authority.
    A conforming change has also been made to new Sec.  61.3(c)(2)(xii) 
to exclude U.S. military pilots from having to carry an FAA medical 
certificate when exercising the privileges of their FAA pilot 
certificates. However, an up-to-date military medical examination is 
required for that person's active status as a military pilot. If 
requested by the FAA, the pilot will be required to show active status 
as a military pilot in lieu of the FAA medical certificate. To clarify, 
by ``active status'' we mean that the military pilot has an up-to-date 
medical examination and clearance issued by the U.S. Armed Forces 
authorizing pilot flight duty. Common military terminology for this 
authorization is an ``up slip'' or medical clearance to fly.
    As implied in the existing Sec.  61.39(a)(4), to be eligible for a 
practical test for a certificate or rating issued under part 61, one 
does not always need to hold an FAA-issued medical certificate. Under 
this Sec.  61.23(b)(9) exception, a military pilot who is applying for 
a practical test is only required to have completed a U.S. military 
medical examination for military pilot status in lieu of holding an FAA 
third-class medical certificate. The FAA has determined that medical 
examinations provided by the U.S. Armed Forces provide a level of 
safety that more than satisfies the standards required for an FAA 
third-class medical certificate.
    The FAA recognizes that each branch of the U.S. military has its 
own set of medical standards required for military pilot applicants. 
While there may be differences, the FAA finds that the military medical 
standards met by applicants--many who will conduct complex military 
exercises or combat operations--are, by nature and of necessity, more 
stringent and therefore exceed minimum 14 CFR part 67 standards. 
Military medical examinations also are more stringent. For example, 
military pilots endure more thorough vision screening--such as for 
refraction, depth perception, night vision, and intraocular tension. 
Military pilots are subjected to audiometry testing during the hearing 
portion of their examinations whereas civilian pilots are allowed to 
choose their method of hearing test which can be a speech 
discrimination test, a conversational voice test, or pure-tone 
audiometry. Laboratory testing (such as glucose, lipid, hemoglobin, 
serology, urinanalysis testing) and radiographic studies (such as chest 
x-ray) also are conducted.
    The FAA recognizes that there may not be absolute parallels in 
military and civilian aviation with regard to certain procedural 
screening, such as for substance abuse. For example, the FAA verifies 
all medical certificate applications against information contained in 
the National Driver Registry to determine whether an applicant has 
failed to reveal an alcohol-related motor vehicle action. While this 
may not be done in the same manner during military pilot medical 
screening, military pilots are more subject to routine screening for 
substance abuse than are civilian pilots. Civilian private pilots must 
adhere to part 61 substance abuse standards, however they are not 
subject to routine drug testing. Unlike in the civilian realm where 
notice must be given, in the military realm routine screening typically 
is unannounced and is observed by collectors. In addition, within a 
military squadron, close observation and scrutiny of behavior is 
provided by colleagues within the squadron and also by squadron flight 
surgeons who work and fly with military pilots on a daily basis.
    While medication usage authorized for military pilots may differ 
from usage authorized by the FAA for civilian pilots, the basic 
philosophy is the same--when contraindicated for flying, pilots must be 
grounded. Military pilots must be approved by a flight surgeon when 
taking any new medication. While military pilots are bound by standards 
similar to 14 CFR 61.53, prohibiting operations during a known medical 
deficiency, military pilots are more likely to be removed from flying 
duties before they have to make the decision to ground themselves. 
Because military oversight of pilots is branch specific, whereas FAA 
oversight is much more broad-based, the military is able to ground 
pilots more readily when necessary. Military pilots may not return to 
flight status unless approved by a flight surgeon.
    Twelve commenters supported the proposed provision excusing 
military pilots who have an up-to-date military medical examination 
from holding an FAA medical certificate. Six commenters recommended 
that, in addition to military pilots, any military air crewmember 
holding an up-to-date military medical examination be allowed to meet 
FAA medical certificate requirements without actually holding an FAA-
issued medical certificate. One commenter opined that the proposed 
provision appears to conflict with Sec.  61.31(c)(1) requiring pilots 
to carry their medical certificates to operate as pilot in command 
(PIC). Two commenters recommended that FAA clarify what constitutes 
evidence of a military medical examination, and one person suggested 
the FAA define ``current'' for such examinations. He/she further 
recommended such examinations be current for twelve calendar months 
from examination date.
    The Experimental Aircraft Association (EAA) and the National 
Association of Flight Instructors (NAFI) noted that Sec. Sec.  91.146 
and 91.147, prescribing requirements for passenger-carrying flights for 
the benefit of charitable, nonprofit, or community events, require the 
event sponsor to furnish the local Flight Standard District Office 
(FSDO) with a photocopy of the pilot's medical certificate. EAA and 
NAFI recommended amending the proposed rule to clarify that military 
pilots are eligible to conduct such flights based on their military 
examination.
    In response to commenters who requested any military air crewmember 
holding a military medical examination (e.g., aviation weapons officer, 
flight surgeon, navigator, flight crew chief, flight engineer, etc.) be 
excused from FAA medical certificate requirements, we have determined 
that this medical exception will only be afforded to U.S. military 
pilots. We determined there are too many differences in the stringency, 
standards, and durations of military medical examinations for the 
various other kinds of military crewmembers to permit crewmembers other 
than pilots to exercise the privileges of an FAA medical certificate 
without requiring them to hold one. Therefore, this medical exception 
provided in Sec.  61.23(b)(9) will only be afforded to U.S. military 
pilots under the circumstances described above.
    Procedurally, we envision this process to work as follows. A 
military pilot's satisfactory completion of a military medical 
examination from the U.S. Armed Forces, which authorizes the pilot 
flight duty, is routinely recorded on a military medical clearance or 
recommendation for flying form (e.g., DA Form 4186, AF Form 1042, 
NAVMED 5410/2, etc.). The pilot will not need to show the actual

[[Page 42511]]

military medical examination record form. If the pilot is required to 
show the FAA that he or she has an up-to-date military medical 
clearance authorizing pilot flight duty on a given day, the pilot will 
only need to show the FAA a copy of the official U.S. military pilot 
flight documentation record, which indicates the pilot's flight status 
and his or her medical standing.
    We do not find that the proposed exception conflicts with Sec.  
61.31(c)(1), requiring pilots to carry their medical certificates to 
operate as PIC. Since military pilots do not carry an actual document 
of their military medical examination, they are excused from having to 
carry a medical certificate when exercising the privileges of their FAA 
pilot certificates. We have provided a discussion and explanation of 
this matter in the preceding paragraphs.
    Responding to the EAA and NAFI comment regarding Sec. Sec.  91.146 
and 91.147 requirements for passenger-carrying flights benefiting 
charitable, nonprofit, or community events, military pilots are not 
required to hold an FAA medical certificate under our new Sec.  
61.23(b)(9). This means that the military medical examination normally 
could not be used for flights engaged in the carriage of passengers or 
property for compensation or hire. However, under Sec.  61.113(b) there 
are some limited exceptions for private pilots holding a third-class 
medical certificate, and the military pilots qualifying for our new 
Sec.  61.23(b)(9) would qualify for the Sec.  61.113(b) exceptions as 
well.
    In response to the commenter requesting we define ``current'' 
(i.e., proper duration) for the purposes of a U.S. military medical 
examination, the U.S. military duration standard for examinations for 
pilot flight status is typically one year, though some may be as short 
as six calendar months or as long as eighteen calendar months. However, 
the specific duration requirements for U.S. military medical 
examinations are governed by the U.S. Armed Forces, not the FAA. Also, 
the military has procedures in place similar to the civil requirements 
of Sec.  61.53 prohibiting flight duty when they are unable to meet 
medical requirements.

14. This revision of Sec.  61.29(d)(3) deletes the requirement for a 
person to furnish their Social Security Number

    This final rule no longer requires that a person requesting 
replacement of a lost or destroyed airman certificate, medical 
certificate, or knowledge test report furnish his/her Social Security 
Number. The FAA by law cannot require a person to furnish his/her 
Social Security Number. However, a person may voluntarily provide his/
her Social Security Number to establish his/her identity. In addition, 
we have added clarifying language in Sec.  61.29(d)(4) explaining what 
information is required in the letter from a person who requests 
replacement of a lost or destroyed medical certificate.
    Six commenters supported elimination of having to furnish a Social 
Security Number for a replacement certificate. One commenter objected 
to our proposal arguing that a Social Security Number should be 
furnished at all times. The FAA acknowledges the comments received 
about this proposal. Federal Law restricting release of Social Security 
Numbers is controlling over FAA regulations. Therefore, the FAA is 
adopting the revision as proposed in the NPRM.

15. This revision deletes the duplication in Sec.  61.31(d)(2) by 
deleting the rule

    This final rule deletes Sec.  61.31(d)(2) that required a pilot in 
command (PIC) 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 paragraphs 
(d)(2) and (d)(3) and found that they are conflicting. We also found 
that paragraph (d)(2) conflicts with Sec.  61.51(e)(1)(i).
    When the FAA initially revised Sec.  61.31(d), we were considering 
a new phrase ``supervised PIC flight'' that would allow a PIC in 
training to act as an aircraft's PIC if properly supervised by their 
flight instructor. (See 60 FR 41160, 41227; August 11, 1995). The 
``supervised PIC flight'' concept was not adopted in the final rule, 
but paragraph (d)(2) erroneously remained in the final rule (See 62 FR 
16220; April 4, 1997). Paragraph (d)(3) of Sec.  61.31 details FAA's 
PIC requirements and Sec.  61.51(e)(1)(i) for logging PIC flight time.
    Three commenters supported changes to Sec.  61.31(d). One commenter 
noted that under proposed Sec. Sec.  61.31(d)(2) and 61.51(e)(1), a 
pilot not rated for a category or class of aircraft could, without time 
limitation, log PIC flight time in that category or class of aircraft 
once he/she received a solo flight endorsement. The commenter suggested 
the FAA put a duration limitation on solo endorsements similar to the 
90-day limitation on solo endorsements issued to student pilots.
    The FAA acknowledges the comments received about this proposal. The 
90-day limitation on solo endorsements is for student pilots, not rated 
pilots. Therefore, the FAA is deleting Sec.  61.31(d)(2) as proposed in 
the NPRM.

16. This revision adds a new Sec.  61.31(k) that provides training and 
qualification requirements for pilots who want to operate with night 
vision goggles

    This final rule creates a new Sec.  61.31(k) that will require 
ground and flight training and a one-time instructor endorsement for a 
pilot to act as PIC during night vision goggle (NVG) operations. This 
final rule ``grandfathers'' PICs previously qualified as PIC for NVG 
operations under Sec.  61.31(k). Under new subparagraph (k)(3), a pilot 
will not need the ``one-time'' NVG training and endorsement provided 
the pilot can document having satisfactorily accomplished 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.
    Three commenters generally supported the training requirements for 
NVG operations. The Aircraft Owners and Pilots Association (AOPA) 
supported the general concept of defining and addressing NVG 
operations, while urging deference to NVG users on specific operational 
details of proposed provisions. The General Aviation Manufacturers 
Association (GAMA) suggested the FAA consider recommendations from both 
the 2000 Aviation Rulemaking Advisory Committee (ARAC) with respect to 
NVG operations and the September 7, 2005 part 135/125 Aviation 
Rulemaking Committee (ARC).
    American Eurocopter and the Helicopter Association International 
(HAI) objected to the requirement for training on the preparation and 
use of internal and external lighting systems for NVG operations. They 
asserted that external lighting systems of helicopters should require 
no preparation for NVG operations and if external lights are 
interfering with operations, they can be turned off. The commenters 
supported the proposed rule to the extent the requirement refers to 
training in the use of existing external lighting. Eurocopter and HAI 
also supported qualified law enforcement personnel NVG operations 
training and endorsement requirements.
    Four comments were submitted by representatives of law enforcement 
agencies or entities involved in training law enforcement personnel in 
NVG

[[Page 42512]]

operations. These commenters noted NVG flight operations are conducted 
on a wide scale by law enforcement agencies and civilian public service 
operators. These four commenters proposed that pilots who have 
completed a formal NVG training course administered by an NVG 
manufacturer or authorized trainer or instructor and have logged twenty 
hours as PIC in NVG operations should be excused from the NVG 
operations training and endorsement requirements. An exemption from NVG 
operations training and endorsement should also be granted to U.S. 
Armed Forces pilots with NVG or part 135 experience. One commenter 
objected to NVG operations by the general flying public and stated use 
outside of law enforcement should be prohibited. The commenter asserted 
the risks of such use outweigh any potential benefit. The commenter 
also recommended use of NVG by law enforcement personnel should be 
addressed by a stand alone rulemaking.
    The FAA appreciates the diverse comments received on our NVG 
training and qualification requirement proposal. The NVG ground and 
flight training in Sec.  61.31(k) include recommendations from the 2000 
ARAC and part 125 and 135 ARCs. We have further reviewed the ground and 
flight training in Sec.  61.31(k) to ensure that the ground and flight 
training requirements conform to industry recommendations. The FAA 
agrees with the commenters and has further revised Sec.  61.31(k) 
accordingly. The FAA has added a new paragraph (iii) to Sec.  
61.31(k)(3) to incorporate these recommendations.
    In response to the recommendation about preparation of external 
lighting systems, we have revised the rule text to clarify the intent. 
We agree that a pilot does not have ability to prepare external 
lighting systems and thus we have revised the language in Sec.  
61.31(k)(2)(i). We have replaced the word ``preparation'' with 
``preflight'' to clarify the intent for a pilot to preflight the 
internal and external aircraft lighting systems.
    Finally, we do not agree that NVG operations should be restricted 
to law enforcement personnel. There are legitimate civilian uses for 
NVG, and our rule for training and qualifications will benefit law 
enforcement and other users of NVG. This final rule includes provisions 
to excuse law enforcement pilots who have completed a formal NVG 
training course administered by an NVG manufacturer or authorized 
trainer or instructor and have logged 20 hours as PIC in NVG operations 
from the training and endorsement requirements for NVG operations. This 
would be in addition to excusing pilots with NVG experience in the U.S. 
armed forces or in operations under part 135. For the above reasons, 
the FAA is adopting the ground and flight training requirements for NVG 
qualifications in Sec.  61.31(k).

17. This revision adds a new Sec.  61.35(a)(2)(iv) that requires proof 
of current residential address at the time of application for a 
knowledge test

    New Sec.  61.35(a)(2)(iv) clarifies 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 
revised Sec.  61.35(a)(2)(iv) with instructions in existing Sec.  
61.60.
    Three commenters opposed the proposed provision requiring an 
applicant for a knowledge test to provide proof of a current 
residential address, asserting a knowledge test alone does not result 
in the issuance of a certificate or rating. Two other commenters noted 
that proof of residence is not required for an airman application, 
although airmen are required to notify the FAA of changes of address 
before exercising privileges. One commenter argued since proof of 
residential address is required for a practical examination, requiring 
it for a knowledge test is redundant and unnecessary.
    The FAA acknowledges the comments received on this proposal. The 
essence of this change is merely to further clarify the intent of the 
existing rule and no substantive change is being made to the rule. The 
FAA is adopting the revision as proposed in the NPRM.

18. This revision of Sec.  61.39(b)(2) deletes the word ``scheduled'' 
in front of the phrase ``U.S. military air transport operations''

    Revised Sec.  61.39(b)(2) deletes the word ``scheduled'' in front 
of the phrase ``U.S. military air transport operations'' because there 
is no such thing as ``scheduled'' U.S. military transport operations. 
One commenter supported the proposed deletion. The FAA is adopting the 
revision as it was proposed in the NPRM.

19. This revision of Sec.  61.39(c)(2) deletes 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

    Revised Sec.  61.39(c)(2) deletes the phrase ``or a class rating 
with an associated type rating'' for persons who are applying for an 
additional aircraft class rating. In Sec. Sec.  61.39(a)(6) and 
61.63(c), the rules require an applicant for a practical test for an 
additional aircraft class rating to receive 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. This final rule amends 
Sec.  61.39(c)(2) by removing the phrase ``or a class rating with an 
associated type rating'' which clarifies that the rule does not exempt 
applicants for an aircraft type rating from having to receive an 
endorsement from an authorized instructor.
    One commenter supported the deletion of the instructor endorsement 
exception for an additional class rating. The FAA acknowledges the 
comment received on this proposal. The purpose of this change is to 
correct a mistake in the former Sec.  61.39(c)(2). No substantive 
changes have been made to Sec.  61.39(c)(2), and we are adopting the 
revision as proposed in the NPRM.

20. This revision of Sec.  61.39(d) and (e) clarifies the time frame 
for completing a practical test

    This revision amends the phrase ``60 calendar days'' in Sec.  
61.39(d) and (e) to read ``2 calendar months.'' Our proposed change 
makes it simpler to calculate the time for when a segmented practical 
test must be completed. An applicant who accomplishes a segmented 
practical test will be required to complete the entire practical test 
within two calendar months after beginning the test. For example, an 
applicant who starts the oral portion of the practical test on July 2, 
2008, will 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 2008. Additionally, we have further revised 
Sec.  61.39(a)(6)(i) because we failed to propose a change of ``60 
days'' to read ``2 calendar months'' in the rule. This was an 
inadvertent oversight and spotted by a commenter during NPRM review.
    Ten commenters supported the proposed change in the time in which a 
practical test must be completed. One commenter asserted that if the 
time for completion of a practical test is changed to two calendar 
months, the validity period of the flight instructor endorsement must 
likewise be changed. LeTourneau University recommended the currency 
requirements of Sec.  61.57(a)(1) and (b)(1) also be changed from 
ninety days to three calendar months. Another commenter generally 
supported bringing all time requirements in line by using a calendar 
month basis, but objected that the

[[Page 42513]]

proposed rule, as written, could give pilots up to 3 months to complete 
a practical test. The commenter's assessment is correct, and the new 
rule change will allow a pilot to have up to three months to complete a 
practical test.
    The FAA also agrees with the recommendation to revise the validity 
period for flight instructor endorsement from ``60 days'' to read ``2 
calendar months'' because of our inadvertent oversight in not proposing 
this change in Sec.  61.39(a)(6)(i). Therefore, further revised Sec.  
61.39(a)(6)(i) now reads: ``Has received and logged training time 
within 2 calendar months preceding the month of application in 
preparation for the practical test.''

21. This revision of Sec.  61.43(b) will clarify when an applicant has 
the choice to perform the practical test as a single pilot or use a 
second in command

    This final rule has revised 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 new Sec.  
61.43(b)(3), the limitation ``Second in Command Required'' will be 
placed on the applicant's pilot certificate. This final rule revises 
Sec.  61.43(a) by moving old Sec.  61.43(a)(5) into revised Sec.  
61.43(b).
    Under new 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 will be required to demonstrate single 
pilot proficiency on the practical test. Under new 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 is 
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 new 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 new 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 an FAA Flight Standardization Board 
has approved the minimum pilot flight crew complement 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, 
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 
complement to be either a single pilot, or a pilot with a copilot.
    Two commenters supported the proposed clarifications of 
circumstances under which a pilot may complete a practical test with a 
copilot present. The FAA is adopting the revision as proposed in the 
NPRM.

22. This revision of Sec.  61.45(a)(2)(iii) will define what is a 
military aircraft for the purpose of a practical test

    Revised Sec.  61.45(a)(2)(iii) will clarify the definition of a 
``military aircraft'' when used in a practical test. Recently, there 
has been some confusion about whether it is permissible to use a 
surplus military aircraft with no civilian aircraft type designation 
for an airman certificate or rating practical test. Some applicants 
have requested to use a surplus military OH-58 Army helicopter for 
their practical test. As these surplus military helicopters are not 
Bell BH-206 helicopters, 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.
    Revised Sec.  61.45(a)(2)(iii) will now define a ``military 
aircraft'' as an aircraft 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.
    Three commenters, including HAI, objected to the proposed 
definition and exclusion from civilians using surplus military aircraft 
on a practical test. Two commenters asserted that any aircraft that 
satisfies equipment requirements and is deemed safe for operation 
should be eligible for a practical test. They further argued that the 
checking of pilots who use these aircraft exclusively would enhance 
safety. One commenter asserted that the operation of historical 
aircraft should be encouraged. All commenters opposing the proposed 
provision recommended the FAA issue special airworthiness certificates 
for such aircraft. The EAA and NAFI objected to the use of the term 
surplus military aircraft, and recommended the FAA use the industry-
accepted term, ``former military aircraft.''
    The purpose of our rule change is to clarify the existing rule, and 
no substantive changes are being made. Regarding EAA and NAFI's 
recommendation that the FAA use industry-accepted term ``former 
military aircraft,'' the rule language in Sec.  61.45(a)(2)(iii) does 
not use either term of ``surplus military aircraft'' or ``former 
military aircraft.'' The rule merely defines when military aircraft 
experience is applicable for a certificate or rating.

23. This revision of Sec.  61.45(c) will except lighter-than-aircraft, 
and gliders without an engine, 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

    This final rule amends Sec.  61.45(c) by excepting lighter-than-
aircraft, and gliders without an engine, from requirement that aircraft 
used for a practical test must have engine power controls and flight 
controls easily reached and operable in a conventional manner by both 
pilots. Except for engine-powered gliders, most gliders do not have 
engine power controls.
    Three commenters supported the proposed provision excepting gliders 
from the requirement that aircraft used for a practical exam have 
engine power controls and flight controls easily reached and operable 
by both pilots. One commenter opposed the proposed provision, asserting 
that motor gliders or self-launch gliders have power controls. The 
commenter argued that, even without the proposed provision, the 
Examiner has discretion to still permit gliders not meeting 
specifications be used for the practical test. One commenter supported 
the proposed provision. The commenter

[[Page 42514]]

acknowledged that some gliders may have engine controls not easily 
reached by both pilots, but that this should not preclude an Examiner's 
determination that a practical test can be safely conducted.
    The FAA agrees with the comments that Sec.  61.45(c) requires 
further clarification to differentiate between gliders that are 
unpowered and those that have an engine. Section 61.45(c) is further 
revised by adding phrase ``without an engine'' in reference to gliders.

24. This revision of Sec.  61.51(b)(3)(iv) will provide for logging 
night vision goggle time

    Revised Sec.  61.51(b)(3)(iv) adds a provision that in order to log 
``night vision goggle time'' compliance with the training time and 
aeronautical experience must be demonstrated when acting as pilot in 
command (PIC) for night vision goggle (NVG) operations. The logging of 
NVG time will be permitted when performed in an aircraft in flight, in 
a flight simulator, or in a flight training device.
    The Aircraft Owners and Pilots Association (AOPA) supported the 
concepts of defining and addressing night vision goggle operations, 
while deferring to NVG users on the specific details of the proposed 
provisions. American Eurocopter and HAI argued pilots conducting NVG 
operations should be permitted to log both NVG time and night flight 
time. These commenters stated a pilot's peripheral vision is not 
affected and the same cockpit management skills are required for both 
NVG time and flight time. Two commenters asserted existing Sec.  
61.51(b) is adequate to address logging of NVG time and adding ``while 
using night vision goggles'' would suffice for clarity.
    Regarding comment about whether NVG flight time may also be logged 
as night flight time, the revision to Sec.  61.51(b)(3)(iv) does not 
prohibit the logging of NVG flight time and night flight time 
simultaneously. It is acceptable for a person to log both NVG flight 
time and night flight time if the conditions of flight occur during 
nighttime. The logging of nighttime for recency of experience must be 
``during the period beginning 1 hour after sunset and ending 1 hour 
before sunrise.'' (See Sec.  61.57(b)(1)).
    The FAA acknowledges the comments received about this proposal. We 
are not revising or withdrawing the proposal.

25. This revision of Sec.  61.51(e)(1) will correct an omission of the 
words ``airline transport pilot'' regarding logging of pilot in command 
flight time

    Because existing Sec.  61.51(e)(1) does not include ``airline 
transport pilots'' it may appear airline transport pilot (ATP) 
certificate holders do not have the same pilot in command (PIC) logging 
privileges as sport pilots, recreational pilots, private pilots, and 
commercial pilots. This final rule adds ``airline transport pilot'' to 
Sec.  61.51(e)(1) to avoid any further confusion. In addition, we have 
adopted a commenter's recommendation the FAA also add ``sport pilot'' 
to Sec.  61.51(e)(1).
    Five commenters supported the proposed provision permitting ATPs to 
log PIC flight time. Three commenters opposed the proposed rule's 
omission of sport pilots from the list of pilots permitted to log PIC 
flight time and recommended their inclusion. We agree with the 
recommendation that holders of a sport pilot certificate should be able 
to log PIC flight time. Therefore, we have revised Sec.  61.51(e)(1) to 
include holders of sport pilot certificates as those who are allowed to 
log PIC flight time.

26. This revision of Sec.  61.51(e)(1)(iv) will 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 flight time

    Revised Sec.  61.51(e)(1)(iv) will allow a pilot performing the 
duties of a pilot in command (PIC) while under the supervision of a 
qualified PIC to log PIC flight time. The FAA is making this revision 
to provide another way for commercial pilot certificate or airline 
transport pilot certificate holders to log PIC flight time.
    The pilot performing the duties of a PIC will be required to hold a 
commercial pilot certificate or airline transport pilot certificate 
with the aircraft rating appropriate to the category and class of 
aircraft being flown, if a class rating is appropriate. The pilot must 
be under the supervision of an appropriately qualified PIC. 
Additionally, the pilot who is performing PIC duties is 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 will be required to hold either a commercial 
pilot certificate or ATP certificate, and flight instructor 
certificate. In addition, the supervising PIC must hold the appropriate 
aircraft rating (i.e., category, class, and type of aircraft being 
flown, if a class or type rating is required). The supervising PIC must 
log the PIC training given in the pilot's logbook, certify having given 
the PIC training in the pilot's logbook, and attest to that 
certification with his/her signature, flight instructor certificate 
number, and expiration date, or ATP certificate number, as appropriate. 
This revision parallels and further clarifies the provisions in revised 
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.
    AOPA supported the concept, but believed the proposed rule was 
unclear and would lead to confusion. AOPA recommended rewriting the 
proposed regulatory text to include a matrix text showing conditions 
under which a pilot may log time as PIC. Four commenters supported the 
proposed provisions clarifying logging of PIC flight time by pilots 
acting as PIC under supervision. One commenter questioned whether the 
proposed provisions are targeted toward pilots working toward advanced 
certificates, ratings, or authorizations after receiving their 
commercial pilot certificates.
    Four commenters asserted the proposed provisions are unnecessary, 
as pilots acting as PIC under supervision are already permitted to log 
PIC flight time under other sections of the regulations. The Greater 
St. Louis Flight Instructor Association objected to the proposed 
provisions arguing there is a trend toward pilots having inadequate 
true solo experience; it believes the proposed rule would result in 
pilots building time without accruing real experience. One commenter 
opposed application of the proposed provision other than in operations 
or aircraft requiring a second in command (SIC) (e.g., operation of 
light single engine airplanes under part 91). The commenter did not 
consider a required safety pilot to be an SIC. One commenter objected 
to requiring endorsement of the acting PIC's logbook by the supervising 
PIC. The commenter asserted that the training contemplated by the 
proposed rule is recorded in training records, not logbooks. One 
commenter recommended pilots logging PIC flight time under supervision 
also be required to log dual instruction time.
    This rule is designed to allow operators to train new hires to 
eventually become PICs. The rule was

[[Page 42515]]

initially petitioned for by Saudi Aramco. Saudi Aramco wanted 
permission to allow new hires' training in their Bell 214 helicopter to 
eventually become PICs in the company and allow logging PIC flight time 
while under the supervision of more experienced and senior PICs. This 
rule does require pilots to hold at least a commercial pilot 
certificate and requires those performing supervising PIC duties must 
hold either a commercial pilot certificate or airline transport pilot 
certificate, and flight instructor certificate with the appropriate 
category and class of aircraft being flown, if a class rating is 
appropriate.
    A pilot may log PIC flight time when performing the duties of the 
PIC while under the supervision of the Sec.  1.1 PIC. The FAA believes 
the rule is abundantly clear that a person may log PIC flight time when 
performing the duties of the PIC while under the supervision of the 
PIC, provided both the person who is performing the duties of the PIC 
and the supervising PIC meet the requirements of the rule.
    After consideration of all the comments received, the FAA is 
adopting the revision as proposed in the NPRM.

27. This revision of Sec.  61.51(g)(4) conforms the rule for logging of 
instrument time in a flight simulator, flight training device, and 
aviation training device to existing policy

    This final rule amends Sec.  61.51(g)(4) to allow logging of 
instrument time in a flight simulator (FS), flight training device 
(FTD), or aviation training device (ATD) conforming to existing 
regulation or policy. An authorized instructor (See Sec.  61.1(b)(2)) 
must be present in the FS, FTD, or ATD when instrument training time is 
logged for training and aeronautical experience for meeting the 
requirements for a certificate, rating, or flight review (See Sec.  
61.51(a)). The instructor must sign the person's logbook verifying 
training time and session content.
    Examples of situations in which an authorized instructor will be 
considered present would be where an authorized instructor is seated at 
a center control panel in a flight simulation lab and is monitoring 
each student's performance from control panel display. Another example 
would be a situation where an instructor assigns a student several 
instrument tasks and then leaves the room. In such cases, if the flight 
training device has a monitoring and tracking system that allows the 
authorized instructor to review the entire training session, the 
instructor need not be physically present. Another example would be a 
situation where one authorized instructor monitors several students 
simultaneously in the same room at a flight simulation lab.
    Six commenters supported the proposed provisions clarifying 
requirements for use of flight simulators, flight training devices and 
aviation training devices. Three commenters supported the proposed 
provisions regarding logging of training performed using an aviation 
training device. ALPA recommended a limitation be placed on the number 
of students an instructor may supervise, suggesting an instructor be 
permitted to oversee no more than three students simultaneously. For 
economic reasons, one commenter supported the specific provision that 
an instructor may oversee training of more than one pilot 
simultaneously.
    Flight Safety International observed that flight schools and 
training centers often track training in records other than a logbook, 
and recommended proposed Sec.  61.51(g)(4) be revised to require 
signing of a logbook or training record.
    The FAA agrees that training permitted to also be logged in a 
training record. Section 61.51(g)(4) has been rewritten.
    On whether to limit the number of students a single instructor may 
supervise, we did not propose such a restriction in the NPRM. 
Therefore, to require such a restriction would be beyond the scope of 
this final rule. The FAA is adopting the final rule as described above.

28. This revision of Sec.  61.51(j) will establish the aircraft 
requirements for when a pilot may log ``flight time''

    Revised Sec.  61.51(j) establishes the aircraft and aircraft 
airworthiness requirements for when a pilot may log flight time. To log 
flight time and meet the part 61 aeronautical experience requirements 
for a certificate, rating, or recent flight experience, the aircraft 
must have been issued either a standard or special airworthiness 
certificate (except for 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). Special airworthiness 
certificates include primary, restricted, limited, light-sport, and 
provisional airworthiness certificates, as well as special flight 
permits and experimental airworthiness certificates (See Sec.  
21.175(b)).
    Section 61.51(j) has been further revised to correct an error in an 
earlier version of the rule that prevented the logging of flight time 
in aircraft issued special airworthiness certificates in the light-
sport category, provisional airworthiness certificates, and special 
flight permits.
    This revision will codify existing FAA policy under FAA Order 
8900.1, Volume 5, Chapter 2, Section 5, page 3, paragraph 5-315 B., 
which states:

    B. Logging Time. Unless the vehicle is type-certificated as an 
aircraft in a category listed in 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 part 61 for a certificate or rating or to 
meet recency of experience requirements.

    The FAA has received several inquiries 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 part 61 requirements for a certificate, rating, 
or recent flight experience. 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.
    American Eurocopter and HAI objected to the requirement that an 
aircraft be issued an airworthiness certificate for a pilot to log time 
in it, noting some aircraft have not been issued airworthiness 
certificates and may be legally operated without adversely affecting 
safety. The commenters asserted pilots exclusively operating aircraft 
without airworthiness certificates will be discouraged from training, 
which will negatively impact safety. The commenters recommended the FAA 
create a designation for surplus military aircraft meeting the intent 
of the rule to permit training and examination in such aircraft. One 
commenter interpreted proposed Sec.  61.51(j) as prohibiting law 
enforcement pilots from logging time in surplus military aircraft, 
noting ability of military pilots to log time in identical aircraft and 
the ability of sport pilots to log time in uncertified aircraft.
    One commenter implied that proposed Sec.  61.51(j) would not permit 
a sport pilot to log time in aircraft other than light sport aircraft. 
The commenter questioned whether such a pilot should be able to log 
training received in such aircraft, and suggested that the proposed 
Sec.  61.51(j)(2) be deleted, because Sec.  61.51(e)(1) already 
prevents sport pilots from logging PIC time in other than light sport 
aircraft. One commenter questioned whether special operating light 
sport aircraft (SLSA) should be

[[Page 42516]]

included in the acceptable airworthiness certificate criteria in 
proposed Sec.  61.51(j)(1). The commenter also recommended the section 
require that an acceptable airworthiness certificate be current and 
valid.
    One commenter asserted proposed Sec.  61.51(j) may conflict with 
Sec.  61.52, permitting logging of time in ultralight aircraft toward a 
sport pilot certificate. The commenter also asserted that a prohibition 
on logging time in surplus military aircraft will discourage 
maintenance of national historic assets.
    The purpose of the change is to parallel the rule with existing 
policy in FAA Order 8900.1, Volume 5, Chapter 2, Section 5, page 3, 
paragraph 5-315 B and the statutory requirements in Public Law 106-424.
    The FAA disagrees the rule prohibits law enforcement pilots from 
being permitted to log flight time. Section 61.51(j)(4) allows logging 
of flight time if the pilot is engaged in official law enforcement 
duties in a public aircraft under the direct operational control of a 
Federal, State, county, or municipal law enforcement agency. Public Law 
106-424 (November 1, 2000) provides, in pertinent part, that pilots of 
a Federal, State, county, or municipal law enforcement agency may 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 law 
enforcement pilot must be operating a public aircraft, as defined under 
49 U.S.C. 40102; the aircraft must be identified as a category and 
class of aircraft listed under Sec.  61.5(b); and the aircraft is being 
used in law enforcement activities of a Federal, State, county, or 
municipal law enforcement agency.
    The FAA does not find that rule language in Sec.  61.51(j) 
conflicts with Sec.  61.52. The FAA has always made a distinction 
between the term ``aircraft'' and ``ultralight vehicle.'' Section 
61.51(j) applies to an aircraft that is identified as an aircraft under 
Sec.  61.5(b). Section 61.52 applies to the use of aeronautical 
experience obtained in ``ultralight vehicles.''
    As previously stated, the FAA has further revised Sec.  61.51(j)(1) 
to permit a sport pilot to log flight time in light-sport aircraft that 
hold either a standard or special airworthiness certificate. Under 
Sec.  61.51(j)(1), the rule permits pilots (including a holder of a 
sport pilot certificate) to log flight time in an aircraft of U.S. 
registry with either a standard or special airworthiness certificate. 
Under Sec.  61.51(j)(1), we have further revised the rule to permit the 
logging of flight time in an aircraft of U.S. registry with either a 
standard or special airworthiness certificate. Under Sec.  21.175(b), a 
special airworthiness certificate includes aircraft that have been 
issued a primary, restricted, limited, light-sport, or a provisional 
airworthiness certificate, special flight permit, or experimental 
airworthiness certificate. Therefore, a special operating light sport 
aircraft (SLSA) is covered by Sec.  61.51(j)(1) for the purpose of 
being allowed to log flight time.

29. This revision of Sec.  61.51(k) will establish the criteria and 
standards for logging NVG time

    Revised Sec.  61.51(k) establishes criteria and standards for 
logging night vision goggle (NVG) time by revising the minimum 
information entered when logging time in a pilot's logbook. Under new 
Sec.  61.51(k)(3), the required information for logging NVG time are 
the logbook entries under Sec.  61.51(b).
    Under the revision, 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 one hour after sunset 
and ending one 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 one hour 
after sunset and ending one hour before sunrise.
    Under new Sec.  61.51(k)(2), the rule will establish when an 
authorized instructor may log NVG time. The instructor must be 
conducting NVG training and must be using NVG 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 one 
hour after sunset and ending one hour before sunrise.
    As elsewhere in this final rule document, AOPA supported the 
general concept of defining and addressing NVG operations, while 
deferring to NVG users on specific details of the proposed provisions. 
Two commenters asserted existing Sec.  61.51(b) and Sec.  61.57(a)(3) 
are adequate and only require adding phrase ``while using night vision 
goggles.'' Two commenters asserted pilots conducting NVG operations 
should be permitted to log both NVG time and night flight time. These 
commenters believed a pilot's peripheral vision is no different under 
the two conditions and the same cockpit management skills are required 
for both NVG time and night flight time.
    Two commenters recommended clarifying that NVG should not be used 
as the sole visual reference to the surface, stating NVG should only be 
used to enhance abilities during night VFR flight.
    In regards to the comment about whether NVG flight time may also be 
logged as night flight time, the revision to Sec.  61.51(b)(3)(iv) does 
not prohibit the logging of NVG flight time and night flight time 
simultaneously. It is perfectly acceptable for a person to log both NVG 
flight time and night flight time if the conditions of flight occur 
during nighttime. The logging of night flight time for currency 
purposes is the flight must occur ``during the period beginning one 
hour after sunset and ending one hour before sunrise'' (See Sec.  
61.57(b)(1)). Night flight time, for other than the night currency 
purposes of Sec.  61.57(b)(1), may be logged when the flight occurs 
during the nighttime conditions as defined in Sec.  1.1 of this chapter 
(i.e., ``Night'' means the time between the end of evening civil 
twilight and the beginning of morning civil twilight, as published in 
the American Air Almanac, converted to local time).
    The essence of our changes is clarifying the rule's intent and no 
substantive changes are being made. Therefore, the FAA is adopting the 
revision to Sec.  61.51(b)(3)(iv).

30. This revision of Sec.  61.57(c) amends the instrument recent flight 
experience tasks and iterations and allows use of aviation training 
devices, flight simulators, and flight training devices for maintaining 
instrument recent flight experience

    The FAA has decided to withdraw the referenced proposal to amend 
the instrument tasks for maintaining instrument currency because the 
proposed tasks were opposed by an overwhelming majority of the 
commenters. As a result of our decision to withdraw this proposal, the 
instrument tasks for maintaining instrument currency under Sec.  
61.57(c) will remain as:
     Six instrument approaches.
     Holding procedures and tasks.
     Intercepting and tracking courses through the use of 
navigational electronic systems.
    This final rule amends Sec.  61.57(c) to allow use of aviation 
training devices (ATD), flight simulators (FS), and flight training 
devices (FTD) for maintaining instrument recent flight experience. 
Revising Sec.  61.57(c) will further clarify that a person who acts as 
pilot in command (PIC) under instrument flight rules (IFR) or weather 
conditions at less

[[Page 42517]]

than the minimums prescribed for visual flight rules (VFR) must look 
back 6 calendar months from the month of the flight to determine 
whether the instrument flight experience requirements were met.
    In order to maintain instrument flight experience in airplanes, 
powered-lifts, helicopters, and airships, the revision requires the 
pilot perform and log the instrument flight experience in an airplane, 
powered-lift, helicopter, or airship appropriate to the category of 
aircraft for the instrument rating privileges the pilot desires to 
maintain. This instrument flight experience could be completed in 
either actual instrument meteorological conditions (IMC) or under 
simulated instrument conditions with use of a view-limiting device.
    Subject to certain limitations, a pilot may choose completing his/
her instrument experience requirements in an aircraft and/or through 
use of an FS, FTD, or ATD. The simulation devices must be 
representative of the category of aircraft suitable for the instrument 
rating privileges that the pilot desires to maintain.
    Under new Sec.  61.57(c)(2), a person may use a flight simulator or 
flight training device exclusively by performing and logging at least 
three hours of instrument recent flight experience within the six 
calendar months before the month of the flight.
    Under new Sec.  61.57(c)(3), a person may use an ATD exclusively by 
performing and logging at least three hours of instrument recent flight 
experience within the two calendar months before the month of the 
flight. We have deliberately established differences between the use of 
an ATD, FS, and flight training devices because use of an aviation 
training device to maintain instrument recent flight experience is a 
relatively new concept. The FAA wants to further evaluate its use 
before we allow use of ATDs equal to that of flight simulators and 
flight training devices.
    Under new Sec.  61.57(c)(4), a person could combine use of the 
aircraft and FS, FTD, and ATD to obtain instrument experience. When a 
pilot elects to combine use of an aircraft and simulation device, we 
will require, under new Sec.  61.57(c)(4), completion of one hour of 
instrument flight time in the aircraft and three hours in the FS, FTD, 
or ATD within the preceding 6 calendar months.
    Under new Sec.  61.57(c)(5), a person may combine use of an FS or 
FTD flight training, and an ATD to obtain instrument recent flight 
experience. When a pilot elects this combination, we will require one 
hour in a flight simulator or flight training device, and three hours 
in a training device within the preceding six calendar months.
    Under new Sec.  61.57(c)(6), the final rule amends the instrument 
tasks and iterations for maintaining instrument flight experience in a 
glider. The person will be required to log instrument recent flight 
experience, tasks, and iterations in his/her logbook to show 
accomplishment of this instrument training. The person will be required 
to use a view-limiting device when performing this instrument recent 
flight experience or be in actual instrument meteorological conditions.
    Three commenters recommended changing the terminology used to 
describe flight simulation devices. Three commenters asserted the use 
of basic aviation training devices (BATD) and advanced aviation 
training devices (AATD) is expected to increase and suggested the rule 
use this terminology.
    Two commenters asserted the differing requirements for maintaining 
currency using aircraft or different simulation devices are complex and 
confusing. One commenter objected to a minimum time requirement for 
maintaining currency using a simulation device, asserting that the 
amount of time necessary to complete the prescribed tasks is 
sufficient.
    Eight commenters objected to the fact that the requirements for 
maintaining currency using a simulation device are greater than the 
requirements for maintaining currency in an aircraft. Four commenters 
asserted training using a simulation device is at least as valuable as 
training in an aircraft. Two commenters objected to the proposed 
provisions permitting use of an ATD to maintain currency. One commenter 
asserted that no data has been presented showing that ATDs are 
effective in maintaining proficiency. One commenter recommended the 
rule require the tasks to be performed, but set no minimum training 
time requirement. ALPA argued that a pilot could maintain currency 
indefinitely by using an aviation training device for three hours every 
two months. ALPA recommended the proposed rule be supplemented with a 
requirement that instrument currency exercises be performed in an 
aircraft or using a FS or FTD within the previous eighteen months.
    One commenter recommended a simpler set of requirements and an 
equivalency ratio, such as two approaches in a simulator being 
equivalent to one approach in an aircraft. Another commenter 
recommended the same requirements apply regardless of whether an 
aircraft or simulation device is used to maintain currency, but that 
the currency period cover the previous six months for aircraft and two 
months for simulation devices.
    One commenter noted Sec.  61.57(c)(4) and (5) allow pilots to use 
an ATD in conjunction with the aircraft, FS, or FTD for instrument 
currency, but eliminated the two month limitation as long as certain 
requirements are met in the aircraft, FS, or FTD. The commenter thought 
this could be more simply accomplished by adding to Sec.  61.57(c)(3) 
``or six months if one hour of instrument time has been accomplished in 
an aircraft, flight simulator, or flight training device.''
    One commenter asserted that the provisions are unlikely to be used 
because a proficiency check can be accomplished in less time and at 
less cost in an AATD. One commenter asserted the level of detail 
specified in the rule is more appropriate to practical test standards 
(PTS) and argued that instructors should have discretion over specific 
maneuvers to be performed.
    One commenter argued there is no evidence that pilots satisfying 
instrument currency requirements in aircraft or simulation devices are 
proficient to operate in IMC. Two commenters generally objected to the 
proposed requirements for maintaining instrument currency using a 
flight simulator, flight training device, or aviation training device. 
One commenter asserted that the proposed requirements increase the 
burden on pilots without justification in the form of accident history 
or research.
    Six commenters asserted steep turns should not be included in 
requirements for maintaining instrument currency in a flight simulation 
device, arguing that ATDs and flight training devices do not accurately 
simulate the flight characteristics and control feel for steep turns. 
The FAA acknowledges the comments received about this proposal. The FAA 
is allowing different means to maintain instrument currency. The pilot 
may use whatever method best suits his or her needs to maintain 
instrument currency by using the actual aircraft, flight simulator, 
flight training device, or aviation training device, or a combination 
of all.
    One commenter objected to the unusual attitude recovery parameters 
prescribed by the proposed rule. The commenter noted that if the 
aircraft is at VNE and descending, it is still accelerating 
and will exceed VNE, thus triggering a failure. Similarly, 
if an aircraft is at stall speed and ascending, it is already stalling. 
The commenter suggested the language of the practical

[[Page 42518]]

test standards prescribing recovery from unusual attitudes (both nose-
high and nose-low) is preferable. Another commenter noted 
VNE is not an appropriate specification for all aircraft. We 
believe that instrument currency tasks, involving unusual attitude 
recovery parameters are for maintaining instrument currency and can be 
achieved in aviation training devices. We are not revising the 
instrument currency tasks in aircraft, flight simulators, and flight 
training devices. The instrument currency tasks, involving unusual 
attitude recovery parameters are for maintaining instrument currency in 
aviation training devices, and the FAA believes this task is 
appropriate.
    One commenter asserted that the requirements of proposed Sec.  
61.57(c)(4) include all of the requirements of Sec.  61.57(c)(2) or 
(3), plus one hour of cross country time in the aircraft. In other 
words, a pilot completing the requirements of Sec.  61.57(c)(4)(ii) 
will have already met the requirements of Sec.  61.57(c)(2) or (3). The 
commenter argued that Sec.  61.57(c)(4) is redundant and should be 
eliminated. The same commenter argued that proposed Sec.  61.57(c)(5) 
is redundant to Sec.  61.57(c)(3) and should be eliminated. Three 
commenters noted that the steep turns requirement has been removed from 
the instrument rating PTS. Fifteen commenters objected to the proposed 
provision requiring use of a view-limiting device when using a flight 
simulation device to maintain instrument currency, because such devices 
can be configured not to provide visual cues. The FAA acknowledges the 
comments received about this proposal. We are not revising the 
instrument currency tasks. The FAA is allowing different means to 
maintain instrument currency and the pilot may use the means best 
suited for his or her needs.
    The FAA also acknowledges the comments received on recommending the 
rule use the terms ``basic aviation training devices'' (BATD) and 
``advanced aviation training devices'' (AATD). The terms ``basic 
aviation training device'' (BATD) and ``advanced aviation training 
device'' (AATD) as being aviation training devices (ATD) are defined in 
AC 61-TD ``FAA Approval of Basic Aviation Training Devices and Advanced 
Aviation Training Devices.''
    The FAA is allowing different means to maintain instrument 
currency. The pilot may use whatever method best suits his or her needs 
to maintain instrument currency by using the actual aircraft, flight 
simulator, flight training device, aviation training device, or a 
combination of all. Furthermore, the use of flight simulators and 
flight training devices has always been allowed for pilots to maintain 
their instrument currency so we are not making new rules. ATDs are 
relatively new; yet the FAA has determined that the technological 
advancements of these devices make their use for maintaining instrument 
currency also possible.
    Regarding the comment on unusual attitude recovery parameters 
prescribed by the proposed rule, we previously answered this question 
this way: ``Reference Sec.  61.51(g)(3)(ii) and Sec.  61.57(c)(1); 
Provided the person is instrument current or is within the second 6-
calendar month period'' (See Sec.  61.57(d) for currency). A person 
would not need a flight instructor or ground instructor present when 
accomplishing the approaches, holding, and course intercepting/tracking 
tasks of Sec.  61.57(c)(1)(i), (ii), and (iii) in an approved flight 
training device or flight simulator. Only when a person is required to 
submit to an instrument proficiency check must a flight instructor or 
ground instructor be present.
    The rationale is that a person is not required to have a flight 
instructor or ground instructor present when performing the approaches, 
holding, and course intercepting/tracking tasks in an aircraft. If the 
person is using a view-limiting device (i.e., hood device) when 
performing the approaches, holding, and course intercepting/tracking 
tasks in an aircraft, only a safety pilot is required to be present. If 
a person is performing approaches, holding, and course intercepting/
tracking tasks in an aircraft in IMC, it is permissible to log the 
tasks without a flight instructor being present.
    Therefore, a person who is instrument current or is within the 
second 6-calendar month period (See Sec.  61.57(d) for currency) need 
not have a flight instructor or ground instructor present when 
accomplishing the approaches, holding, and course intercepting/tracking 
tasks of Sec.  61.57(c)(1)(i), (ii), and (iii) in an approved flight 
training device or flight simulator.

31. This revision of Sec.  61.57(d) clarifies when a person must 
perform an instrument proficiency check to act as the PIC under IFR or 
in weather conditions less than the minima prescribed for VFR

    This final rule amends 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 minima prescribed for VFR. 
Revised Sec.  61.57(d) requires a pilot who has not complied with the 
instrument recent experience requirement of Sec.  61.57(c) within the 
twelve calendar months preceding the month of the flight to complete an 
instrument proficiency check to regain PIC instrument qualifications. 
The proficiency check will have to be performed in the aircraft 
category that is appropriate to the instrument privileges desired. The 
instrument proficiency check consists of operation areas and tasks 
listed for an instrument proficiency check in the practical test 
standards (PTS).
    As noted in our earlier discussion of revised Sec.  61.57(c), we 
will require a pilot to have performed and logged the instrument recent 
flight experience within the preceding six calendar months preceding 
the month of the flight in order to act as the PIC under IFR or in 
weather conditions less than the minima prescribed for VFR. Under 
revised Sec.  61.57(d), if the pilot has not performed and logged the 
required instrument recent flight experience within the six calendar 
months preceding the month of the flight, the pilot is given an 
additional six calendar months to perform and log the required 
instrument recent flight experience. However, during this six-calendar 
month period, the pilot may not act as the PIC under IFR or in weather 
conditions less than the minima prescribed for VFR until the pilot has 
performed and logged the required instrument recent flight experience 
of revised Sec.  61.57(c). If during this six-calendar month period, 
the pilot does not accomplish the required instrument recent flight 
experience, then he/she must perform an instrument proficiency check to 
regain his/her instrument currency.
    Two commenters generally supported the proposed clarifications. One 
commenter supported the use of the instrument rating PTS as a guide for 
the proficiency check. One commenter questioned whether the preamble 
(i.e., proposal No. 31) is meant to indicate proficiency checks may no 
longer be performed using a simulator or flight training device, but 
may now only be performed in an aircraft.
    Two commenters were concerned that Sec.  61.57(d) will be 
interpreted as requiring an entire instrument rating practical exam to 
satisfy the instrument proficiency check requirements. One commenter 
recommended the check consist of tasks required by the instrument 
practical test standards. One commenter objected to the language 
requiring that an instrument proficiency

[[Page 42519]]

check (IPC) requires an instrument rating practical test. The commenter 
argued that the requirement would limit instructors' discretion and 
that completion of an IPC in aircraft lacking certain equipment would 
be difficult. The revision to Sec.  61.57(d) concerning the instrument 
proficiency check does not prohibit the use of a flight simulator or 
flight training device for performing an IPC check, nor did the 
proposal in the NPRM propose eliminating use of FS or FTDs for 
performing an IPC. An FS or FTD may be used for accomplishing an IPC if 
the training device is approved for performing an instrument 
proficiency check. The content of an instrument proficiency check is 
addressed on page 16 of the Instrument Rating Practical Test Standards.

32. This revision of Sec.  61.57(f) establishes a recent flight 
experience requirement for acting as PIC in a night vision goggle 
operation

    Revised Sec.  61.57(f) establishes as a recent flight experience 
requirement to remain PIC qualified for night vision goggle (NVG) 
operations. To understand ``NVG operations,'' it is necessary to 
further clarify the term ``flight.'' ``Flight'' means a takeoff and 
landing, with each landing involving a flight in the traffic pattern. 
For example, a person who performs six takeoffs and landings, with each 
landing involving a flight in the traffic pattern, and uses NVGs to 
maintain visual reference may log six ``NVG operations.''
    For a pilot to act as PIC using NVGs with passengers on board, the 
pilot, within the preceding two calendar months, will have to perform 
and document the tasks under new Sec.  61.57(f) as the sole manipulator 
of the controls during the time period beginning one hour after sunset 
and ending one hour before sunrise. If the pilot has not performed and 
logged the tasks under Sec.  61.57(f), then the FAA will allow the 
pilot an additional two calendar months to perform and log the tasks 
under Sec.  61.57(f). However, the pilot will not be allowed to carry 
passengers during this second two-month period. If the pilot still has 
not performed and logged the NVG tasks in revised Sec.  61.57(f) during 
those additional two calendar months, then the pilot will be required 
to pass a NVG proficiency check to act as PIC using night vision 
goggles.
    Two commenters asserted existing Sec. Sec.  61.51(b) and 61.57(b) 
are adequate to address logging and recency of NVG time, and this rule 
only requires adding ``while using night vision goggles.'' The 
commenters further argued existing Sec.  61.57(a)(3) is adequate to 
address use of a flight training device or flight simulator for NVG 
recency. Two commenters argued that the currency interval should be 
ninety days instead of two months to correspond with the existing night 
flight currency interval.
    The FAA acknowledges the comments received about this proposal. We 
are adopting the above revisions for the final rule.

33. This revision of Sec.  61.57(g) establishes a NVG proficiency check 
requirement to act as PIC of a night vision goggle operation

    Revised Sec.  61.57(g) establishes a proficiency check to be PIC 
qualified for NVG operations. This revision also establishes a 
proficiency check to regain PIC qualifications for NVG operations when 
the pilot's NVG privileges have lapsed.
    Revised Sec.  61.57(g) will require a pilot who has not complied 
with the NVG operating experience requirement of revised Sec.  61.57(f) 
to complete a NVG proficiency check to regain PIC NVG qualifications. 
The proficiency check will have to be performed in the same aircraft 
category that is appropriate to the NVG operation desired. The 
proficiency check will consist of the tasks listed in revised Sec.  
61.31(k) and will be administered by an individual listed under Sec.  
61.31(k).
    American Eurocopter and HAI each supported the proposed requirement 
to restore lapsed NVG currency. The commenters recommended that 
proficiency check requirements be set forth in the PTS, with an interim 
advisory circular (AC) issued because the standards for NVG and non-NVG 
maneuvers are the same. The commenters also recommended proficiency 
checks be administered by a qualified instructor, Examiner, or 
inspector, as applicable under parts 61, 141 or 142, to an air carrier 
employee in accordance with the carrier's approved training program, or 
to a military check pilot.
    The FAA acknowledges the comments received on this proposal. The 
rule (Sec.  61.57(g)(1) through (6)) clearly establishes the 
qualifications of the person who can administer the NVG proficiency 
check; therefore, the rule does not need further clarification.

34. This proposed change to Sec.  61.59 would have paralleled this 
section with the language contained in Sec.  67.403

    We had proposed to revise Sec.  61.59 to parallel it with the 
existing Sec.  67.403. However, we have reconsidered this proposal and 
the existing Sec.  61.59 will remain without change.
    Four commenters objected to the proposed changes, arguing the 
existing rule already prohibits submission of fraudulent or 
intentionally false data, and that the proposed rule will allow the FAA 
to deny or revoke privileges for an inadvertent inaccuracy. One 
commenter also noted the proposed rule does not parallel Sec.  67.403 
because that section includes a requirement that the FAA rely on 
incorrect data. One commenter also asserted that the proposed rule 
could effectively invalidate existing regulatory requirements for 
recording flight experience.
    The FAA acknowledges the comments received on the proposal. We 
agree that trying to parallel the language of Sec.  61.59 and Sec.  
67.403 raises additional concerns. The implications of incorrect 
information in the context of part 61 certification are different than 
those in the context of medical certification under part 67. Therefore, 
existing Sec.  61.59 remains without change.

35. This revision of Sec.  61.63 changes the format and re-structures 
rule

    This final rule simplifies the format and structure of Sec.  61.63, 
and moves paragraphs (e), (f), and (g) (addressing usage and 
limitations of the flight simulator and flight training device) to new 
Sec.  61.64. This final rule also revises Sec.  61.63(c)(3) to clarify 
applicability to those applicants holding only a lighter-than-air 
(LTA)-Balloon rating and who seek an LTA-Airship rating. Currently, the 
word ``only'' does not appear in Sec.  61.63(c)(3).
    This final rule has made minor revisions to Sec.  61.63(d) to 
clarify the requirements for an additional type rating and a type 
rating sought concurrently with an additional aircraft category and 
class rating. We have also revised existing paragraph (h) in Sec.  
61.63 and re-designated it as paragraph (e). Furthermore, re-designated 
Sec.  61.63(e) clarifies the pilot certification procedures for 
aircraft used on a practical test for a type rating. Such aircraft 
cannot be used for instrument maneuvers and procedures for the issuance 
of a type rating with a VFR limitation under these circumstances.
    This final rule revises paragraph (i) in Sec.  61.63 and re-
designates it as Sec.  61.63(f). This re-designated Sec.  61.63(f) 
clarifies that an applicant for a type rating in a multiengine airplane 
with a single-pilot station must perform the practical test in the 
multi-pilot seat version of that multiengine airplane. Alternatively, 
the practical test may be performed in the single-seat version of that 
airplane if the Examiner can observe the applicant during the practical 
test when there is

[[Page 42520]]

no multi-seat version of the multiengine airplane. This revision 
parallels the same requirements in revised Sec.  61.157(h) (existing 
Sec.  61.157(k)) for a type rating in a multiengine airplane with 
single-pilot station.
    This final rule revises existing paragraph (j) of Sec.  61.63 and 
re-designates it as Sec.  61.63(g). Re-designated Sec.  61.63(g) 
clarifies that an applicant for a type rating, at other than airline 
transport pilot (ATP) certification level, for a single engine airplane 
with a single-pilot station must perform the practical test in the 
multi-pilot seat version of that single engine airplane. Alternatively, 
the practical test may be performed in the single-seat version of that 
airplane if the Examiner is in a position to observe the applicant 
during the practical test in the case where there is no multi-seat 
version of that single engine airplane. This revision parallels 
requirements under new Sec.  61.157(i) (existing Sec.  61.157(l)) for a 
type rating in a single engine airplane with single-pilot station at 
the ATP certification level.
    Revised Sec.  61.63(i) permits an Examiner who conducts a practical 
test for an additional aircraft rating under this section to waive any 
of the tasks for which the FAA has approved waiver authority. This 
revision parallels the revised requirements of Sec.  61.157(j) 
(existing Sec.  61.157(m)) at the ATP certification level.
    Two commenters agreed the FAA should make changes to Sec.  61.63, 
but asserted the proposed changes to Sec.  61.63 and new Sec.  61.64 
offer no improvement. One commenter questioned whether safety would be 
enhanced by the proposed changes. Another commenter objected to the 
proposed changes to Sec.  61.63 and the creation of Sec.  61.64, 
asserting that the proposed rules eliminate ways for an applicant to 
qualify for all-simulator training. The commenter questioned the 
elimination of the provisions in question and requests justification in 
the form of safety data indicating a danger posed by pilots using the 
existing provisions.
    One commenter requested clarification of the new phrase ``training 
time and iteration requirements'' in Sec.  61.63(c)(3). The commenter 
stated this language does not clearly convey that candidates seeking an 
additional class rating are excused from certain requirements. One 
commenter asserted that the proposed changes to Sec.  61.63 and new 
Sec.  61.64 would have a significant and detrimental impact on the use 
of flight simulators and the flight training industry and the proposed 
changes in new Sec.  61.64 go beyond merely moving and simplifying 
existing requirements and impose significant burdens and costs without 
any corresponding benefit. Another commenter recommended the proposed 
changes to Sec.  61.63 and new Sec.  61.64 be withdrawn.
    Two commenters observed that under proposed Sec.  61.63(d), an 
applicant for a type rating is not required to successfully complete an 
FAA approved or accepted training program but need only acquire an 
endorsement from an appropriately rated flight instructor. They 
recommended the FAA require the use of an FAA approved or accepted 
training program. Eclipse Aviation suggested an authorized instructor 
be defined as ``a person or air agency approved by the Administrator to 
conduct type rating training in that make and model of aircraft.''
    Training time and iteration requirements relate to the training 
time and iteration requirements listed in Sec.  61.109 and Sec.  
61.129. For example, for the airplane single engine land rating at the 
private pilot certification level, it requires three hours of cross 
country flying in a single engine airplane (See Sec.  61.109(a)(1)) and 
one cross country flight of over 100 nautical miles in total distance 
(See Sec.  61.109(a)(2)(i)). Under Sec.  61.63(c)(3), the applicant is 
not required to meet the training time and iterations requirements 
under this part that apply to the pilot certificate for the aircraft 
class rating sought Otherwise, the intent of Sec.  61.63(c)(3) is for 
the flight instructor to make the decision on the amount ``training 
time'' and number of ``iterations'' required for the applicant to be 
adequately trained and be able to pass the practical test.
    The FAA has reviewed the proposed changes to Sec.  61.63 and Sec.  
61.64, and we have not found evidence that the changes will have a 
significant and detrimental impact on the use of flight simulators and 
the flight training industry. We intend only to further clarify the 
existing rule. In reviewing Sec.  61.63(d), and old Sec.  61.63(d), 
there is no requirement for an applicant to complete an FAA approved or 
accepted training program and there never has been such a requirement. 
As for defining an ``authorized instructor,'' it has already been done 
in Sec.  61.1(b) and the privileges and limitations of a flight 
instructor are listed in existing Sec.  61.193 and Sec.  61.195.
    The FAA has reviewed the changes to Sec.  61.63 and Sec.  61.64, 
and we have not found that the changes will eliminate ways for an 
applicant to qualify for all-simulator training. For the reasons 
stated, we are adopting the revision as proposed in the NPRM.

36. Establishes a new Sec.  61.64 to address the use and limitations of 
flight simulators and flight training devices

    This final rule adds a new Sec.  61.64 to incorporate the use and 
limitations of flight simulators (FS) and flight training devices (FTD) 
into this one rule. These requirements were previously found in Sec.  
61.63(e), (f), and (g) (for other than ATP certification) and Sec.  
61.157(g), (h), and (i) (for ATP certification). The purpose of these 
changes is to clarify and simplify Sec.  61.63 and Sec.  61.157 and 
place all use and limitation requirements for simulation devices into 
new Sec.  61.64.
    New Sec.  61.64(a) through (f) will clarify when an applicant may 
use an FS or FTD for all training, when an applicant may use a FS for 
all of the required practical test, when the supervising operating 
experience limitation on an applicant's pilot certificate is required, 
and when the supervised operating experience limitation may be removed.
    New Sec.  61.64(a) will allow an applicant to use a flight 
simulator for all training and the practical test for the airplane 
category, class, or type rating, provided the flight simulator and the 
applicant meet specific qualifications under new Sec.  61.64(a)(1) 
through (3).
    New Sec.  61.64(b) allows an applicant for the airplane category, 
class, or type rating to use a flight training device for training only 
if the flight training device meets the specific qualifications under 
new Sec.  61.64(b)(1) through (4). The rule further clarifies that a 
flight training device may not be used for any portion of the practical 
test.
    New Sec.  61.64(c) allows an applicant to use a flight simulator 
for all of the training and the practical test for the helicopter class 
or type rating, provided the flight simulator and the applicant meet 
the specific qualifications under new Sec.  61.64(c)(1) and (2).
    New Sec.  61.64(d) allows an applicant for the helicopter class or 
type rating to use an FTD for training only if the device meets 
specific qualifications under new Sec.  61.64(d)(1) through (4). The 
rule further clarifies that an FTD may not be used for any portion of 
the practical test.
    New Sec.  61.64 (e) states an applicant may use an FS for all 
training and the practical test for the powered-lift category or type 
rating, provided the applicant and FS meet specific qualifications 
under new Sec.  61.64(e)(1) and (2).
    New Sec.  61.64(f) allows an applicant for the powered-lift 
category or type rating to use a flight training device for training 
only if the device meets specific qualifications under new Sec.  
61.64(f)(1)

[[Page 42521]]

through (4). The rule will further clarify that a flight training 
device may not be used for any portion of the practical test.
    As a result of existing language in existing paragraphs (e), (f), 
and (g) of Sec.  61.63 and paragraphs (g), (h), and (i) of Sec.  
61.157, there is confusion as to whether an applicant could complete 
all training and testing for a type rating in a simulator when there is 
a supervised operating experience limitation on the applicant's pilot 
certificate for that aircraft type rating. New Sec.  61.64(a)(2)(i), 
(c)(2)(i), and (e)(2)(i) will specify that a type rating cannot contain 
the supervised operating experience limitation (i.e., ``This 
certificate is subject to pilot in command limitations for the 
additional rating'') for an applicant to use a flight simulator for all 
training and testing for a type rating. A flight simulator may be used 
for some of the required training and testing for a type rating, but 
not ``all.'' The training and testing permitted in a flight simulator 
depends on what the flight simulator is approved for and is in 
accordance with new Sec.  61.64(a)(4)(i) and (b), (c)(3)(i) and (d), or 
(e)(3)(i) or (f), as appropriate for the category of aircraft and type 
rating sought.
    New Sec.  61.64(a)(1)(iii), (c)(1)(iii), and (e)(1)(iii) 
establishes that at minimum a Level C flight simulator is required if 
an applicant wishes to use a flight simulator on a practical test for 
an aircraft rating. New Sec.  61.64(a)(1)(iv), (c)(1)(iv), and 
(e)(1)(iv) will establish that at minimum a Level A flight simulator is 
required for an applicant to use a flight simulator for training.
    Two commenters argued proposed Sec.  61.64 is unclear as to intent 
or purpose, and there is no indication how the proposed rules would 
improve safety. One commenter expressed uncertainty over the level of 
pilot certificate affected by the proposed section. One commenter 
asserted that the proposed changes to Sec.  61.63 and new Sec.  61.64 
would have a significant and detrimental impact on the use of flight 
simulators and the flight training industry. A commenter recommended 
the proposed changes to Sec.  61.63 and new Sec.  61.64 be withdrawn, 
and the text of the existing rules be maintained.
    One person asserted the minimum hour requirements for type rating 
applicants set forth in the proposed Sec.  61.64(a)(2) are higher than 
necessary to ensure safety and will deter advancement of aviation 
careers. One commenter argued existing Sec. Sec.  61.63 and 61.157 are 
clear that a flight simulator or flight training device can be used to 
complete all training and testing for the issuance of a rating without 
limitations and the proposed rule is not.
    Two commenters noted that under existing Sec.  61.63 and Sec.  
61.157, a rating applicant failing to meet requirements for an 
exception has an option of completing certain parts of the practical 
test in an aircraft (rather than a simulator or flight training 
device), or receiving a rating with supervised operating experience 
limitations. The commenters objected to the provisions of the proposed 
rule that would require both performance of certain tasks in an 
aircraft and issuance of a rating with supervised operating experience 
limitations. Two commenters objected to the proposed changes to Sec.  
61.63 and the creation of Sec.  61.64, asserting that the proposed 
rules eliminate ways for an applicant to qualify for all-simulator 
training and testing.
    Regarding the proposed requirement that a minimum of a Level C 
flight simulator or Level 5 flight training device be used for the 
practical test for a rating, a commenter asserted that the lowest level 
of flight simulator or flight training device qualified and approved 
for training in a particular task should be acceptable. If necessary, 
training or testing performed with lower level simulators could trigger 
additional experience requirements or requirements to perform certain 
maneuvers in the aircraft, or result in the issuance of a rating with 
limitations. Three commenters opposed the proposed requirement that a 
minimum of a Level C flight simulator be used for the practical test 
for a rating. Flight Safety International recommended a Level C 
simulator be required only if the entire practical test is performed in 
the simulator. One commenter asserted that requiring a Level C 
simulator for a practical test conflicts with guidance contained in 
FAA-S-8081-5E, Practical Test Standards. The commenter also questioned 
whether simulators not meeting at least Level C requirements may be 
used for evaluations similar to practical tests, such as proficiency 
checks or single pilot exemption evaluations that consist of Practical 
Test Standards (PTS) maneuvers. Two commenters asserted the inability 
to use simulators not meeting Level C requirements will require more 
pilots to take practical tests in aircraft. The commenters stated this 
will negatively impact safety by requiring low altitude maneuvering, 
and by eliminating the ability to simulate malfunctions such as engine 
fires and electrical malfunctions. One commenter noted that Level A 
simulators have been widely used in the past, and that if no longer 
permitted to be used costs will increase by 15%. Two commenters noted 
there are some aircraft for which there is no Level C or better 
simulator.
    Flight Safety International recommended that if the practical test 
is given in a simulator or flight training device qualified and 
approved at less than Level C, the appropriate practical test standards 
be used to determine which events may be credited; any events not 
approved for the simulator or flight training device would need to be 
accomplished in the aircraft. One commenter objected to the requirement 
that a minimum of a Level 5 flight training device be used if a flight 
training device is used for the practical test. The commenter asserted 
that this requirement is unnecessarily restrictive and not supported by 
the PTS or other FAA rules or guidance.
    One commenter objected to the proposed provisions requiring that 
one of a number of prerequisites be met if any portion of the practical 
test for a turbojet or turboprop airplane rating is to be performed in 
a simulator. The commenter asserted that the existing rules only 
require one of the prerequisites if all training and checking is to be 
done in a simulator. Flight Safety International said proposed Sec.  
61.64 calls for a logbook endorsement removing the supervised operating 
experience limitation. If so, a pilot must present his/her logbook 
containing the endorsement to show that the limitation is removed, the 
endorsement is unnecessary.
    One commenter asserted the proposed changes to Sec.  61.63 and 
Sec.  61.157 and creation of Sec.  61.64 conflicts with other existing 
guidance, such as appendices E and F to part 121, the appendices of the 
PTS, and the General Aviation Operations Inspector's Handbook.
    One commenter asserted that pilots should be permitted to credit 
multiengine turbojet experience toward a single engine turbojet type 
rating for purposes of proposed Sec.  61.64.
    Five commenters were confused whether pilots must meet one or more 
than one of the criteria set forth in proposed Sec.  61.64(a)(2) and 
recommended the section be revised to make clear that pilots must meet 
only one of the requirements. Flight Safety International recommended 
proposed Sec.  61.64(a)(2)(ii) and (a)(3)(ii) use language currently 
found in Sec.  61.63 and Sec.  61.157 requiring pilots complete at 
least 1,000 hours of flight time in two or more different airplanes 
requiring type ratings.
    Nine commenters noted that under existing Sec.  61.63 and Sec.  
61.157, a rating applicant failing to meet requirements for an 
exception has an option of completing certain parts of the practical

[[Page 42522]]

test in an aircraft, rather than in a simulator or flight training 
device, or receiving a rating with supervised operating experience 
limitations. The commenters believed the economic impact of the 
proposed rule would be severe.
    One commenter asserted that the FAA and training organizations lack 
sufficient manpower to administer the number of practical exams in the 
aircraft that the proposed rule would require. This commenter 
recommended that instead of requiring performance of maneuvers in an 
aircraft, the FAA increase supervised operating experience limitations 
or require line oriented flight testing (LOFT) scenarios in training.
    Three commenters objected to the elimination of the possibility of 
a fifteen hour supervised operating experience limitation. Two 
additional commenters recommended that the endorsement removing a 
supervised operating experience limitation be by a person, designated 
by the Administrator, familiar with the airplane and the program under 
which the supervised operating experience was conducted. Eclipse 
Aviation suggested such a person could be the manufacturer or a 
training center conducting training in the airplane. Two commenters 
recommended the supervised operating experience (SOE) requirement be 
event based, covering a range of operating conditions and procedures 
that a pilot is likely to see in actual service. Two commenters 
recommended a PIC observing SOE be qualified and trained as an 
evaluator by the manufacturer or other facility, and hold a designation 
by the Administrator. Eclipse Aviation asserted that the proposed 
provisions are insufficient to ensure that SOE will be applicable and 
effective for all operators of its very light jet airplanes.
    Two commenters noted that under the proposed rule, a pilot with a 
turbojet type rating for an airplane requiring a two-pilot crew may 
obtain a single pilot type rating without limitations with no single 
pilot turbojet PIC experience and virtually no turbojet PIC experience. 
The commenters recommended a pilot should be required to have 25 hours 
of turbojet PIC time to obtain a type rating without limitations.
    One commenter opposed the proposed requirement of Sec.  
61.64(a)(1)(iv) that a minimum of a Level A flight simulator be used 
for training for a rating. The commenter recommended the PTS address 
credit for the use of simulators and flight training devices.
    As stated in the NPRM and this preamble, Sec.  61.64 consolidates 
the use of flight simulators and flight training devices for the 
airplane, helicopter, and powered-lift ratings for all the pilot 
certification levels (i.e., private, commercial, and ATP certification 
levels). Prior to establishing this Sec.  61.64, the use of flight 
simulators and flight training devices for the airplane, helicopter, 
and powered-lift ratings at the private and commercial pilot 
certification levels were located in old Sec.  61.63. For the ATP 
certification level, it was in the old Sec.  61.157. Now, the use of 
flight simulators and flight training devices for all the pilot 
certification levels are combined into new Sec.  61.64.
    We do not find any evidence that combining the use of flight 
simulators and flight training devices for the airplane, helicopter, 
and powered-lift ratings for all the pilot certification levels into 
Sec.  61.64 will have a significant and detrimental impact on the use 
of flight simulators and the flight training industry. The FAA has not 
increased the minimum hour requirements for a type rating by having 
consolidated the use of flight simulators and flight training devices 
into Sec.  61.64.
    Section 61.64(a)(4), (c)(3), and (e)(3), is the area of the rule 
that addresses what tasks must be performed in the actual aircraft and 
the provisions that require it. The purpose of the change is to further 
clarify the intent of the rule and no substantive changes have been 
made. In reviewing the proposed changes to Sec.  61.63 and Sec.  61.157 
and creation of Sec.  61.64 we did not see a conflict with other 
existing guidance, such as Appendices E and F to part 121, the 
appendices of the PTS, and the General Aviation Operations Inspector's 
Handbook.
    The endorsement requirement for removing the SOE limitation is to 
ensure accomplishment of the required supervised operating experience. 
We believe the endorsement requirement received from both the 
supervising PIC and an Examiner will insure that supervising operating 
experience was completed.
    As for what portion of Sec.  61.64 applies to an applicant, the 
answer depends on the specifics of the applicant's aeronautical 
experience and the rating being applied for. Section 61.64(a)(2) 
establishes the requirements for a type rating in a turbojet airplane 
and what the aeronautical experience requirements are for that 
applicant to be able to use a flight simulator. We have reviewed Sec.  
61.64 and find that this rule does not eliminate commonly used ways for 
an applicant to qualify for all-simulator training and testing. The 
establishment of this rule merely consolidates the use of flight 
simulators and flight training devices into Sec.  61.64. No substantive 
changes have been made.
    In the previous version of Sec.  61.63(e)(7), (8), and (9); (f)(7), 
(8), and (9); and (g)(7), (8), and (9) (and old Sec.  61.157(g), (h), 
and (i)), the regulations provided that an applicant who failed to meet 
certain requirements could complete certain parts of the practical test 
in an aircraft, rather than a simulator or flight training device, or 
receiving a rating with supervised operating experience limitations. 
This option is also provided in Sec.  61.64 (See Sec.  61.64(a)(4), 
(c)(3), and (e)(3).
    The establishment of this rule merely consolidates the use of 
flight simulators and flight training devices into Sec.  61.64. No 
substantive changes have been made.
    The FAA established for this final rule twenty-five hours as the 
standard for supervised operating experience (SOE) because we have 
determined that amount of SOE is appropriate for ensuring pilot's 
qualifications. If a person desires to be issued a type rating without 
the supervised operating experience, then that applicant has the option 
to complete the training and testing in the actual aircraft. The 
endorsements required for removal of the SOE limitation must be from 
the supervising PIC and Examiner.
    Under the old Sec.  61.63 and Sec.  61.157, the regulations also 
required the minimum level of flight simulator be a Level C. There is 
no change to this in Sec.  61.64. The requirement for use of a Level C 
flight simulator in new Sec.  61.64 is nearly identical in content and 
substance to old Sec.  61.63(e)(4)(i) and old Sec.  61.157(g)(3)(i). 
The establishment of this rule merely consolidates the use of flight 
simulators and flight training devices into Sec.  61.64. No substantive 
changes were made.
    The requirement that a minimum of a Level 5 flight training device 
be used if a flight training device is used for the practical test 
conforms with existing FAA policy. We proposed the use of a Level 5 
flight training device in the NPRM and this final rule does not change 
the requirement for use of a Level 5 flight training device.
    The requirement that a minimum of a Level A flight simulator be 
used for training also conforms with existing FAA policy. The 
commenter's request to address credit for use of flight simulators and 
flight training devices in the PTS is beyond the scope of this final 
rule.
    The FAA has reviewed Sec.  61.64(b)(3) and finds there is not a 
conflict between the rule, the PTS appendix, and FAA Order 8400.10 (now 
FAA Order 8900.1).

[[Page 42523]]

    Upon review of all the comments, the FAA has found that the rule as 
proposed in the NPRM is appropriate and has been adopted in the final 
rule.

37. This revision of Sec.  61.65(d), (e), and (f) requires at least 10 
hours of cross country time as pilot in command to be in the category 
of aircraft appropriate to the instrument rating sought

    This final rule revises Sec.  61.65 to conform the FAA's instrument 
rating cross country time requirements as pilot in command (PIC) with 
the corresponding International Civil Aviation Organization (ICAO) 
requirements. Revised Sec.  61.65(d) addresses the aeronautical 
experience and training for the instrument-airplane rating. Revised 
Sec.  61.65(e) addresses the aeronautical experience and training for 
the instrument-helicopter rating. Revised Sec.  61.65(f) will address 
the aeronautical experience and training for the instrument-powered-
lift rating. For example, ICAO Annex 1, paragraph 2.10.1.2.2 requires 
an applicant to log at least ten hours of cross country time as PIC in 
a helicopter for an instrument-helicopter rating. Currently, Sec.  
61.65(d)(1) requires at least fifty hours of cross country flight time 
as pilot in command and at least ten of those hours must be in 
airplanes for an instrument-airplane rating. The section does not 
account for the instrument-helicopter rating or the instrument-powered-
lift rating.
    Four commenters supported the proposed provisions clarifying the 
minimum cross country experience in a category necessary for an 
instrument rating. The Greater St. Louis Flight Instructor Association 
asserted that there is a correlation between lack of cross country 
experience and accidents.
    Four commenters opposed the proposed provisions. One commenter 
objected to ``selective adherence to ICAO requirements,'' asserting 
that ICAO requirements should be followed wherever possible and not be 
selectively applied to specific types of certificates or ratings. Four 
commenters supported the proposed provisions clarifying the minimum 
cross country experience in a category necessary for an instrument 
rating. Two commenters, including AOPA, asserted the cost of obtaining 
ten hours cross country experience in a helicopter is burdensome. Two 
commenters stated cross country experience obtained in any aircraft 
type is valuable, because the principles of navigation are the same 
regardless of aircraft category. In response to AOPA's concern, they 
recommended a required minimum of fifty hours of cross country PIC in 
any aircraft category.
    The purpose of our rule change is to parallel ICAO standards, so 
that U.S. pilot certification conforms to international civil aviation 
standards. The FAA believes it is in U.S. aviation's best interest, 
where possible, to meet our ICAO responsibilities and requirements and 
to have recognition of our instrument rating by other ICAO member 
States. Therefore, the FAA is adopting the revision as it was proposed 
in the NPRM.

38. This revision of Sec.  61.65 adds a new paragraph (h) to allow 10 
hours of the instrument training to be performed in an aviation 
training device (ATD)

    This final rule revises Sec.  61.65 by adding a new paragraph (h) 
to allow ten hours of instrument training for the instrument rating to 
be performed on an ATD. The instrument training may be given by the 
holder of a ground instructor certificate with an instrument rating or 
by a holder of a flight instructor certificate with an instrument 
rating appropriate to the instrument rating sought. The ten hours of 
instrument training in an ATD will be included in the twenty hours of 
instrument training allowed to be performed in a flight simulator or a 
flight training device under revised Sec.  61.65(e).
    For an ATD to be used for instrument training under revised Sec.  
61.65, the ATD instrument training, and instrument tasks will have to 
be approved by the FAA. The instrument training on an ATD will have to 
be provided by an authorized instructor. In order to receive the 
maximum ten hours of credit in an ATD, the person may not have logged 
and been credited for more than ten hours of instrument training in a 
flight simulator (FS) or FTD. A view-limiting device will be required 
to be worn by the applicant when logging instrument training in the 
ATD. The instrument training and instrument tasks that may be approved 
for performance on an ATD will be listed in revised Sec.  61.65(f).
    The FAA specifically requested comments on whether, and to what 
extent, we should allow use of an ATD for providing instrument training 
for the instrument rating. Four commenters supported the proposed 
provisions permitting use of a personal computer-based aviation 
training device (PCATD) for up to ten hours of training toward an 
instrument rating.
    One commenter questioned the proposed provision, asserting that 
PCATDs are no longer widely used. Three commenters suggested the rule 
refer to basic aviation training devices (BATD) and advanced aviation 
training devices (AATD). AOPA noted currently up to 10 hours of BATD or 
twenty hours of AATD training may be credited toward an instrument 
rating, and recommended this continue to be the case. Two commenters 
recommended requirements for PCATDs include requirements that they be 
used in areas free of audible distraction or that headsets be used.
    Seven commenters objected to the proposed provision requiring use 
of a view-limiting device when using a flight simulation device to 
train for an instrument rating, because such devices can be configured 
not to provide visual cues. One commenter suggested the rule instead 
require that any device used be so configured. The Greater St. Louis 
Flight Instructor Association opposed the proposed amendment to permit 
PCATDs to be used for ten hours of instrument training, as well as the 
use of a ground instructor for this training, arguing that the proposed 
requirements inadequately prepare pilots for flight in IMC and 
sacrifice safety in exchange for lower costs. The association further 
asserted that there is a significant accident rate among newly 
instrument-rated pilots. The association recommended three hours of 
actual IMC experience be required for an instrument rating.
    The FAA has replaced the term ``PCATD'' (personal computer aviation 
training device) with the term ``aviation training device.'' As 
previously discussed, the definition of the term ``aviation training 
device'' will be defined in AC 61-TD ``FAA Approval of Basic Aviation 
Training Devices and Advanced Aviation Training Devices.''
    We have determined the use of view-limiting devices for maintaining 
instrument recurrency in aviation training devices is necessary for 
ensuring better transferability of instrument skills and abilities 
between aviation training devices and the actual aircraft. The FAA 
agrees that the use of an aviation training device should be used in 
areas free of audible distraction or that headsets should be used, but 
does not believe that a rule is necessary. The FAA will approve and 
authorize the use of aviation training devices, and to those ends, we 
are developing an Advisory Circular and making changes to FAA Order 
8900.1 to provide this information.
    For years, we have permitted the use of flight simulators and 
flight training devices for instrument training and for use on 
instrument rating practical tests. Allowing ten hours of instrument 
training to be performed in aviation training devices is a continuation 
by the flight training community and FAA of this policy of accepting 
simulation for

[[Page 42524]]

use in aviation training. Furthermore, allowing ten hours of instrument 
training to be performed in an aviation training device conforms to 
existing FAA policy adopted in Advisory Circular 61-126 and FAA Order 
8900.1 (See FAA Order 8900.1, Volume 5, Chapter 2, Section 9, page 9, 
paragraph 5-446 E).

39. This revision of Sec.  61.69(a)(4) corrects a typographical error 
in the rule

    This final rule corrects a typographical error in which the word 
``or'' was erroneously deleted from Sec.  61.69(a)(4) during the 
writing of the ``Certification of Aircraft and Airmen for the Operation 
of Light-Sport Aircraft'' Final Rule (See 69 FR 44866; July 27, 2004). 
This revision has re-inserted the word ``or'' and made a minor 
grammatical revision to paragraph (a)(4).

40. This revision of Sec.  61.69(a)(6) amends the recent flight 
experience for tow pilots by increasing the time allowed for achieving 
the required currency to 24 calendar months

    This final rule amends Sec.  61.69(a)(6) for persons who serve as 
tow pilots for glider towing operations by increasing the time limits 
for when a pilot must have completed the required recent flight 
experience from twelve to twenty-four calendar months. This revision 
responds favorably to an assertion by the Soaring Safety Foundation 
that the existing time limits for recent flight experience may be 
unnecessarily onerous and cannot be supported by any accident 
statistics.
    Four commenters supported the proposal. The FAA is adopting the 
revision as proposed in the NPRM.

41. This revision of Sec.  61.73 amends certain special rules affecting 
U.S. military pilots and former U.S. military pilots who apply for FAA 
pilot certification

    This final rule deletes the Sec.  61.73(b) requirement that current 
and former pilots of the U.S. Armed Forces must be on active flying 
status within the past twelve months to qualify for a pilot certificate 
and rating under these special rules. Under our revision, U.S. military 
pilots and former U.S. military pilots may qualify for their civilian 
pilot certificate and ratings on the basis of their past qualifications 
as a U.S. military pilot, completion of the military competency 
aeronautical knowledge test, and accomplishment of a flight review 
under existing Sec.  61.57.
    This final rule adds a new Sec.  61.73(b)(2) to clarify that the 
aeronautical knowledge test that military pilots are required to take 
is the ``military competency'' aeronautical knowledge test. It also 
adds a new Sec.  61.73(b)(3) changing pilot status for qualifying for a 
pilot certificate and ratings under these special rules from ``pilot in 
command'' to pilot in the U.S. Armed Forces. The U.S. military's pilot 
qualification and flight time recording documents and procedures have 
changed since the initial establishment of Sec.  61.73. The U.S. Armed 
Forces no longer issues pilot in command orders to its graduates who 
complete its Undergraduate Pilot Training Course. PIC status occurs 
when military pilots report to their permanent duty assignment and 
complete additional unit checkouts. However, the FAA has determined 
that the end-of-course test for graduation from a current U.S. military 
Undergraduate Pilot Training Course is similar in scope and content as 
the PIC order was for military pilots when Sec.  61.73 was initially 
established.
    This final rule adds a new Sec.  61.73(c) to establish that a 
foreign military pilot of the Armed Forces of a contracting State to 
the Convention on International Civil Aviation who has been assigned 
pilot duties (for other than for flight training) with the U.S. Armed 
Forces may also apply for a U.S. commercial pilot certificate with 
comparable ratings just like U.S. military pilots can. They will no 
longer be required to first hold a civil pilot license from their 
contracting State's civil aviation authority. The FAA finds there is no 
safety reason for the existing requirement and foreign military pilots 
who are assigned to U.S. military units should be afforded the 
opportunity to be issued U.S. commercial pilot certificates and ratings 
appropriate to their military pilot qualifications.
    This final rule revises Sec.  61.73(f) and re-designates it as 
paragraph (e). The purpose of this revision is to further clarify that 
a military pilot may qualify for a type rating to be added to a pilot 
certificate provided there is a comparable civilian type designation of 
that military aircraft.
    Three commenters objected to the elimination of the recency of 
experience requirement for military pilots seeking a civilian pilot 
certificate. One commenter asserted that many military pilots are not 
on active status. Two commenters argued there is no safety data 
justifying the change and suggested that pilots more than twelve 
calendar months separated from active flight status be required to take 
a knowledge examination and practical examination and the examination 
be self-endorsing.
    One commenter asserted that military pilots may be overconfident 
and unwilling to recognize shortcomings in their knowledge of civilian 
flight operations. This person also argued that aircraft used for 
military training differs significantly from those used for civilian 
training, and training maneuvers are different.
    One commenter asserted that under the existing regulations, a 
military pilot may receive an unrestricted commercial pilot certificate 
with airplane multiengine land and instrument airplane ratings without 
ever having sat in a twin-engine reciprocating engine aircraft. Two 
commenters recommended military navigators be permitted to apply for 
civilian navigator certificates, just as military pilots are permitted 
to apply for civilian pilot certificates.
    The change to this rule does not eliminate the recency of 
experience requirement for exercising a pilot certificate. The rules 
addressing recency of experience are addressed in Sec.  61.56 and Sec.  
61.57. The change in Sec.  61.73 only revises and clarifies the 
issuance of the commercial pilot certificate and ratings to current and 
former U.S. military pilots.
    We do not disagree with the commenter's comment that a military 
pilot may receive an unrestricted commercial pilot certificate with 
airplane multiengine land and instrument airplane ratings without ever 
having sat in a general aviation twin engine reciprocating engine 
airplane. However, there is a definite distinction between holding a 
pilot certificate and ratings versus exercising the privileges of that 
pilot certificate. If a military pilot who received all of his/her 
training in a military twin-engine turbojet powered airplane, then it 
would be expected that pilot would receive specific training in a 
general aviation twin-engine reciprocating engine airplane before 
exercising the privileges of his/her pilot certificate. We have assumed 
that if a civilian pilot were to receive all of his/her training in one 
specific make and model of twin-engine reciprocating engine airplane 
and then attempted to fly another make and model of twin-engine 
reciprocating engine airplane, that pilot would also receive training 
in that other specific make and model of airplane before exercising the 
privileges of their pilot certificate. This goes to the essence of 
rulemaking on the establishment of standardized and safe operating 
practices. The FAA is adopting the revision as it was proposed in the 
NPRM.

[[Page 42525]]

42. This revision of Sec.  61.73(g) establishes a new privilege and 
procedures for issuing flight instructor certificates and ratings to 
current and former U.S. military instructor pilots and examiners

    This final rule adds Sec.  61.73(g) establishing a new privilege 
and procedure for issuing flight instructor certificates and ratings to 
current and former U.S. military instructor pilots and military pilot 
examiners who can show official U.S. military documentation of being or 
having been designated a military instructor pilot or military pilot 
examiner in the U.S. Armed Forces.
    The awarding of flight instructor certificates and ratings, under 
Sec.  61.73(g), to current and former U.S. military pilot examiners is 
added to correct an oversight in the NPRM. We are correcting this 
mistake in this final rule and adding U.S. military pilot examiners to 
this privilege. All current and former U.S. military pilot examiners 
will have, or are, qualified as U.S. military instructor pilots. The 
addition of current and former U.S. military pilot examiners are more 
for clarification purposes than for any other reason.
    Additionally, we have further revised Sec.  61.197(a)(2)(iv) by 
providing an alternative procedure for current U.S. military instructor 
pilots and current U.S. military pilot examiners who hold FAA flight 
instructor certificates to renew their flight instructor certificate 
and ratings. This provision will require current U.S. military 
instructor pilots and current U.S. military pilot examiners to have 
completed an official U.S. Armed Forces military instructor pilot or 
military pilot examiner proficiency check within the preceding twelve 
calendar months as an alternative method for renewing their flight 
instructor certificate and ratings. The reason this provision is being 
offered only to current U.S. military instructor pilots and current 
U.S. military pilot examiners is because former U.S. military 
instructor pilots and military pilot examiners who have left the 
military over twelve calendar months ago would not be able to show 
having completed an official U.S. Armed Forces military instructor 
pilot or military pilot examiner proficiency check within the preceding 
twelve calendar months.
    The FAA has made additional clarifying and editing changes to Sec.  
61.73(g)(3) which address the acceptable documents required to show 
evidence that a U.S. military instructor pilot or military pilot 
examiner completed an official U.S. military instructor pilot training 
course. There was troublesome language in the proposed rule (i.e., 
Sec.  61.73(g)(3)(iv)) with the words ``graduated'' and ``school.'' In 
the U.S. Air Force, Navy, Marine Corps, and Coast Guard, the official 
training location for instructor pilot training is at the command level 
or local unit level. This is different than how the U.S. Army qualifies 
its instructor pilots and military pilot examiners where the official 
qualification training is all conducted at Ft. Rucker, Alabama. The Air 
Force, Navy, Marine Corps, and Coast Guard official instructor pilot 
and military pilot examiner training courses are performed at numerous 
locations throughout the United States and the world where units are 
located. Additionally, we have consolidated the proposed Sec.  
61.73(g)(3)(ii) and (iii) into paragraph (ii) because both paragraphs 
read nearly identical.
    The FAA has decided that where a current or former U.S. military 
instructor pilot or U.S. military pilot examiner already holds an FAA 
flight instructor certificate, they do not have to undergo another 
knowledge test as required by Sec.  61.73(g)(3)(i) because they already 
possess a flight instructor certificate.
    The U.S. Department of Labor has a program that encourages 
governmental agencies to recognize U.S. military training and 
qualification. For years, the FAA has recognized the training and 
qualifications of U.S. military pilots and has issued FAA commercial 
pilot certificates, instrument ratings, and type ratings to U.S. 
military rated pilots who graduate from a U.S. Armed Forces 
undergraduate pilot training school or rating qualification course. The 
FAA is now establishing a procedure to issue flight instructor 
certificates and ratings to current and former U.S. military instructor 
pilots and military pilot examiners who have completed an instructor 
pilot or military pilot examiner course of the U.S. Armed Forces. To be 
issued the appropriate flight instructor certificate and ratings, a 
military instructor pilot or military pilot examiner will have to pass 
the aeronautical knowledge test in areas detailed under Sec.  
61.185(a).
    This will mean that the applicant will have to pass the appropriate 
knowledge tests that cover the aeronautical knowledge areas on:
     Fundamentals of instructing, including the learning 
process, elements of effective teaching, student evaluation and 
testing, course development, lesson planning, and classroom training 
techniques;
     The training and certification rules in part 61 that 
govern recreational, private, and commercial pilot certification, 
applicable to the aircraft category for which flight instructor 
privileges are sought; and
     The training and certification rules in part 61 that 
govern the aeronautical knowledge areas for the instrument rating 
applicable to the category for which instrument flight instructor 
privileges are sought.
    As previously discussed, showing a current flight instructor 
certificate will suffice for the aeronautical knowledge test report. 
Additionally, a current or former U.S. military instructor pilot or 
military pilot examiner is required to show the documentation described 
in revised Sec.  61.73(g)(3) to an FAA Aviation Safety Inspector, FAA 
Aviation Safety Technician, or an authorized Examiner (i.e., an 
Examiner authorized to issue the flight instructor certificate and 
rating(s) to U.S. military instructor pilots or U.S. military pilot 
examiners).
    Thirty-seven commenters questioned the documentation requirements 
for issuance of a certificate under the proposed provision. The 
commenters objected to the requirement of a certificate of graduation 
from a formal training course, because such certificates are not 
uniformly issued, or may be lost or discarded. These commenters 
recommended accepting other documentation of graduation from a 
instructor pilot training school, such as the Department of Defense 
Form-214, which is standardized across all branches, Air Force Form 5 
or Air Force Form 8, output from the U.S. Air Force Aviation Management 
Resource System, U.S. Navy check form 3760, a Navy aviator logbook, or 
a grade book. Three commenters recommended that the provision apply to 
former instructor pilots and current instructor pilots by using 
language parallel to paragraphs (b) and (d). One commenter recommended 
that instructor pilots be permitted to apply for a civilian instructor 
certificate for a period of 12 months after separation from service.
    Sixteen commenters objected to the proposed provision. Two 
commenters asserted that, because of the impact they may have on their 
students, the criteria for receiving an instructor certificate should 
be rigorous and stringently enforced. Two commenters asserted that any 
cost savings resulting from the proposal do not outweigh the potential 
sacrifice of safety. One commenter asserted that an influx of former 
military instructors would impact the job market for civilian trained 
flight instructors.
    One commenter asserted that, although military pilots undergo

[[Page 42526]]

intensive training, it is narrowly focused on specific aircraft and 
types of operations. The commenter recommended that civilian instructor 
certificates issued to instructor pilots without a practical test be 
limited to the aircraft types for which the instructor pilot holds 
military instructor authorizations. Alternatively, the commenter 
recommended that instructor pilots be required to undergo a practical 
test including the commercial PTS maneuvers in the category and class 
of aircraft in which they wish to instruct. Eight commenters asserted 
that military instructor pilots generally do not have experience with 
primary training or reciprocal engine-powered aircraft. Eighteen 
commenters stated that military instructor pilots are not required to 
know or perform maneuvers or standards required for civilian 
certificates and ratings. Four commenters recommended that instructor 
pilots seeking civilian certification be required to have some minimum 
experience in the aircraft used for instruction, including an 
introduction to maneuvers such as lazy eights, chandelles, and spins.
    Regarding appropriate documentation for showing qualifications as a 
U.S. Armed Forces instructor pilot and pilot examiner, Sec.  
61.73(g)(3) and Sec.  61.73(h) state ``an official U.S. Armed Forces 
record;'' therefore, the DD Form-214, Air Force Form 5 or Air Force 
Form 8, Navy Check Form 3760, a Naval Aviator Logbook, or a grade book 
will suffice as an ``official U.S. Armed Forces record.'' We understand 
the U.S. military changes the number of its forms from time to time. If 
the form is ``an official U.S. Armed Forces record'' that shows the 
person is qualified as a U.S. military pilot or U.S. military 
instructor pilot or military pilot examiner, as appropriate, and the 
person's military pilot or instructor pilot or military pilot examiner 
qualifications and ratings can be extrapolated from that form or 
combination of forms, then an ``official U.S. Armed Forces record'' 
will suffice.
    We agree that former U.S. Armed Forces instructor pilots should be 
allowed to apply for flight instructor certificates and ratings. 
Therefore, we have revised Sec.  61.73(g) to include both current and 
former U.S. military instructor pilots or former and current U.S. 
military pilot examiners may apply for and be issued a flight 
instructor certificate. We have not restricted this provision to just 
former military instructor pilots and former military examiners who 
have been separated from the military within the preceding 12 calendar 
months, because we have decided to extend this to all current and 
former U.S. military instructor pilots and military pilot examiners.
    We disagree with the commenters' assertions that allowing military 
instructor pilots to apply for a flight instructor certificate under 
this alternative certification method of Sec.  61.73 will diminish the 
standards of the FAA flight instructor certificate. U.S. military 
instructor pilots and military pilot examiners undergo rigorous and 
demanding training and are required to be knowledgeable about part 61 
and part 91. Even though U.S. military instructor pilots and military 
pilot examiners may not undergo the same kind of training and testing 
as a civilian flight instructor or FAA designated pilot examiner, we 
have determined that U.S. military instructor pilots and military pilot 
examiners do receive equivalent training and testing as civilian flight 
instructor applicants. Some of those equivalent aeronautical knowledge 
areas involve testing on the following subject matters:
     Fundamentals of instructing, including the learning 
process, elements of effective teaching, student evaluation and 
testing, course development, lesson planning, and classroom training 
techniques;
     The training and certification rules in part 61 that 
govern recreational, private, and commercial pilot certification, 
applicable to the aircraft category for which flight instructor 
privileges are sought; and
     The training and certification rules in part 61 that 
govern the aeronautical knowledge areas for the instrument rating 
applicable to the category for which instrument flight instructor 
privileges are sought.
    The FAA is not ``giving away'' the flight instructor certificate, 
because all U.S. military instructor pilot and military pilot examiners 
will be required to meet the certification requirements of Sec.  
61.73(g).
    We also disagree that some military instructor pilots and military 
pilot examiners may not have the experience flying or flight 
instructing in general aviation aircraft. In fact, many have vast 
amounts of training, experience, and skills that we believe will be 
equally beneficial to training civilian pilots.
    Civilian flight instructors usually receive training in one 
specific make and model of general aviation aircraft when receiving 
training for their flight instructor certificate and then take their 
practical test in that make and model of general aviation aircraft. 
However, once the person receives his/her flight instructor 
certificate, it allows flight instructor privileges for giving flight 
training in various makes and models of general aviation aircraft, in 
accordance with that person's flight instructor certificate and 
ratings. Standard insurance practices in the flight training community 
require civilian flight instructors to have so much flight experience 
in a specific make and model of aircraft to meet the flight training 
operator's insurance requirements. Military instructor pilots who earn 
their flight instructor certificate under this revision to Sec.  
61.73(g) will be allowed to give flight training in the various makes 
and models of general aviation aircraft, in accordance with their 
flight instructor privileges and ratings. However, those same insurance 
requirements will also apply to military instructor pilots when giving 
flight training in a specific make and model of general aviation 
aircraft. Accordingly, we do not believe there is safety issue here, 
and the FAA is adopting the revision as it was written. We are not 
comparing the way the civilian flight training community trains and 
qualify flight instructors with how the U.S. military trains and 
qualify its military instructor pilots. Rather, the FAA has made a 
determination that the way the U.S. military trains and qualify its 
military instructor pilots and with the addition of requiring military 
instructor pilots to pass a knowledge test, as required by Sec.  
61.73(g)(3)(i), will provide a equivalent level of certification.
    Some commenters have asked if military pilots who have been 
designated as ``Unit Trainers'' and have never graduated from an 
official U.S. Armed Forces' instructor pilot training course will be 
afforded this privilege of earning a flight instructor certificate and 
rating(s) under Sec.  61.73(g). The answer is no. The only U.S. 
military instructor pilots and military pilot examiners who will be 
allowed to apply for a flight instructor certificate and rating(s) 
under this provision in Sec.  61.73 are those current and former U.S. 
military instructor pilots and military pilot examiners who can show 
having passed an official U.S. Armed Forces' instructor pilot training 
course. This requirement would eliminate from consideration those 
military pilots who have been designated as ``Unit Trainers'' and have 
never passed an official U.S. Armed Forces' instructor pilot or 
military pilot examiner training course.
    Furthermore, this provision of Sec.  61.73(g) allowing current and 
former U.S. military instructor pilots and military pilot examiners to 
apply for an FAA flight instructor certificate is also afforded to 
those current and former U.S. military instructor pilots and military 
pilot examiners who serve or

[[Page 42527]]

have served in the National Guard and Reserves units of the U.S. Army, 
Air Force, Navy, Marine Corps, and Coast Guard.

43. This revision of Sec.  61.73(h) clarifies, simplifies, and lists 
the documents required for proving rated U.S. military pilot status to 
qualify for FAA pilot certification

    Revised Sec.  61.73(h) clarifies, simplifies, and lists the 
documents required for proving a current or former rated military pilot 
is qualified for FAA pilot certification. This revision was developed 
in response to many inquiries over the years that were received by the 
FAA on what documents are required to show proof as a rated military 
pilot in the U.S. Armed Forces.
    Five commenters supported the proposed clarification. One commenter 
asserted the clarification would prevent ``FSDO shopping'' by military 
pilots. Two commenters recommended that pilots separated from active 
flight status for more than twelve months be required to undergo 
knowledge and practical tests.
    The FAA acknowledges the supportive comments received on this 
proposal.

44. This revision of Sec.  61.75(a) and (b) requires that a foreign 
pilot who applies for a U.S. private pilot certificate on the basis of 
the person's foreign pilot license must hold at least a foreign private 
pilot license

    Revised Sec.  61.75(a) and (b) will require that a foreign pilot 
who applies for a U.S. private pilot certificate hold at least a 
foreign private pilot license. Before the August 4, 1997 amendments to 
part 61 (Amendments Nos. 1-47, 61-102, 141-8, and 143-6; 62 FR 16220-
16367; April 4, 1997), Sec.  61.75 provided that to apply for a U.S. 
pilot certificate on the basis of a foreign pilot license, the pilot 
had to hold a foreign pilot license at the level of private pilot 
certificate or higher. The foreign pilot license must be issued by an 
ICAO member State. Under the 1997 Amendments, the requirement that the 
foreign pilot license to be at the level of private pilot certificate 
or higher was deleted without considering that there are some foreign 
countries that issue pilot certificates below the private pilot license 
(i.e., recreational pilot licenses, sport pilot licenses, or private 
pilot licenses with a limitation that restricts a pilot from exercising 
the foreign pilot license to a particular foreign country). (See 62 FR 
16257 and 16321; April 4, 1997.) Therefore, this final rule revises 
Sec.  61.75(a) and (b) to clarify that the foreign pilot license used 
to apply for the U.S. private pilot certificate under the provisions of 
this section must be at a private pilot license level or higher, 
without geographical restrictions, or otherwise meet at least the 
private pilot licensing requirements of ICAO Annex 1.

45. This revision of Sec.  61.75(b)(3) permits the issuance of a U.S. 
private pilot certificate to foreign pilots who hold a U.S. student 
pilot certificate

    This final rule revises Sec.  61.75(b)(3) to clarify that a person 
who holds a foreign pilot license (when the foreign civil aviation 
authority that issued the foreign pilot license is a member State to 
ICAO) may apply for a U.S. private pilot certificate if that person 
holds a U.S. student pilot certificate.
    Prior to the 1997 final rule (Amendments Nos. 1-47, 61-102, 141-8, 
and 143-6; 62 FR 16220-16367; April 4, 1997), Sec.  61.75(b)(3) allowed 
a U.S. pilot certificate to be issued to the holder of a foreign pilot 
certificate if ``he [did] not hold a U.S. pilot certificate of private 
pilot grade or higher.'' When the FAA amended Sec.  61.75(b)(3), it 
deleted the words ``of private pilot grade or higher'' to accommodate 
the recreational pilot certificate without considering that this change 
apparently eliminated persons who hold a foreign pilot license from 
being able to hold U.S. student pilot certificates. This was 
unintentional. Thus, under this revision, we are clarifying that a 
person who holds a foreign pilot license may also hold a U.S. student 
pilot certificate and still apply for a Sec.  61.75 U.S. private pilot 
certificate. Furthermore, it should be understood that persons who hold 
a foreign pilot license may also apply for and receive a U.S. pilot 
certificate through the standard part 61 pilot certification process or 
under the special provisions and procedures of Sec.  61.75.

46. This revision of Sec.  61.75(c) clarifies that an aircraft rating 
on a pilot certificate based on a foreign pilot license is issued for 
private pilot certificate privileges only

    This final rule revises Sec.  61.75(c) to clarify that an aircraft 
rating on a U.S. pilot certificate that was issued on the basis of 
rating(s) held on the person's foreign pilot license is issued for 
private pilot privileges only. Before the 1997 Amendments (Amendments 
Nos. 1-47, 61-102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997), 
a person who held a commercial pilot license or higher level foreign 
pilot license issued by an ICAO contracting State could apply for and 
be issued U.S. commercial pilot certificate with the appropriate 
ratings. When Sec.  61.75 was amended, the rule provided for the 
issuance of a U.S. pilot certificate at the private pilot certification 
level only. Specifically, Sec.  61.75(a) permitted a holder of a 
foreign pilot license issued by an ICAO contracting State to ``apply 
for and be issued a private pilot certificate with the appropriate 
ratings when the application is based on the foreign pilot license.'' 
However, there is some confusion whether Sec.  61.75(c) applies to 
additional ratings for those foreign pilots who were issued U.S. pilot 
certificates under Sec.  61.75. Therefore, to further clarify Sec.  
61.75(c) and its conformity to existing Sec.  61.75(a), limiting 
issuance of the U.S. pilot certificate to the private pilot 
certificate, this final rule adds the phrase ``for private pilot 
privileges only'' to Sec.  61.75(c).
    One commenter opposed the proposed provision, asserting that 
foreign commercial pilots should be eligible for FAA commercial pilot 
certificates. The essence of the rule change is merely to further 
clarify the intent of the rule and no substantive changes have been 
made. Therefore, the FAA is adopting the revision as proposed in the 
NPRM.

47. This revision of Sec.  61.75(e) corrects an error in the rule that 
states ``U.S. private pilot certificate'' when it should state ``U.S. 
pilot certificate''

    Before the last major change to part 61 (Amendments Nos. 1-47, 61-
102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997), the FAA had 
issued U.S. commercial pilot certificates to holders of foreign 
commercial pilot licenses or higher who applied for our U.S. commercial 
pilot certificate and ratings on the basis of Sec.  61.75. When the FAA 
amended paragraph (e) under Sec.  61.75, the rule was changed to read a 
person who receives a ``U.S. private pilot certificate.'' The rule, 
however, needs to account for those outstanding foreign pilots who hold 
U.S. commercial pilot certificates. Therefore, the final rule revises 
Sec.  61.75(e), (1), (4), (f), and (g) accordingly.

48. This revision of Sec.  61.77 clarifies the requirements for 
issuance of Special Purpose Pilot Authorizations

    This final rule revises various paragraphs in Sec.  61.77 to 
address confusion about the special purpose pilot authorizations and 
correct some inconsistencies. The special purpose pilot authorization 
is a letter issued by the FAA to a foreign pilot for the purpose of 
performing pilot duties on a civil aircraft of U.S. registry that is 
leased to a person who is not a citizen

[[Page 42528]]

of the United States for the purpose of carrying persons or property 
for compensation or hire.
    Since Sec.  61.77 was last revised under the 1997 amendments 
(Amendments Nos. 1-47, 61-102, 141-8, and 143-6; 62 FR 16220-16367; 
April 4, 1997), there has been confusion as to whom could be issued a 
special purpose pilot authorization and what kind of operations are 
permitted under a special purpose pilot authorization. For example, the 
FAA discovered that a foreign corporate operator was issued special 
purpose pilot authorizations in error. The FAA never intended that 
special purpose pilot authorizations be issued to foreign corporate 
operators who are not performing the carriage of persons or property 
for compensation or hire. Foreign pilots involved in part 91 operations 
have the ability to apply for and receive U.S. pilot certificates in 
accordance with Sec.  61.75 or through the standard part 61 pilot 
certification process. Therefore, this final rule adds Sec.  
61.77(a)(2)(i) through (iv) to clarify what kind of operations foreign 
pilots are required to be performing to be eligible for a special 
purpose pilot authorization.
    Additionally, the FAA has determined that the citizenship or 
resident status requirement under existing Sec.  61.77(b)(1) conflicts 
with the policy authorizing holders of foreign pilot licenses to serve 
as pilots in U.S. registered aircraft for the kinds of flight 
operations covered by special purpose pilot authorizations. Thus, the 
citizenship or resident status requirement is unnecessary. The revision 
will delete the phrase ``from which the person holds citizenship or 
resident status'' under Sec.  61.77(b)(1) because some pilots of 
foreign air carriers do not hold citizenship or resident status in the 
country from which they hold their pilot licenses, as is the case of U. 
S. citizens who serve as flight crewmembers aboard U.S. registered 
aircraft for foreign air carriers. Therefore, we have determined this 
requirement in Sec.  61.77(b)(1) is burdensome and unnecessary.
    Furthermore, this final rule deletes Sec.  61.77(b)(5) (i.e., a 
recent flight experience requirement under Sec.  61.57 to be issued a 
special purpose pilot authorization) because the normal procedure for 
issuing special purpose pilot authorizations requires the foreign air 
carriers only to send the application and copies of the person's 
foreign pilot and medical licenses to the FAA and does not require the 
airman to appear in person to the FAA. The FAA has no way of 
determining whether the pilot has complied with Sec.  61.57 currency 
requirements. Therefore, this final rule deletes existing Sec.  
61.77(b)(5).

49. This revision of Sec.  61.96(b)(9) requires a person to hold either 
a student pilot certificate or sport pilot certificate when applying 
for a recreational pilot certificate

    Revised Sec.  61.96(b)(9) requires a person to hold either a 
student pilot certificate or sport pilot certificate to apply for a 
recreational pilot certificate. The FAA believes the rules implicitly 
require a person to hold a student pilot certificate before making 
application for a recreational pilot certificate. To apply for a 
recreational pilot certificate, an applicant must log at least three 
hours of solo flight time. (See 14 CFR 61.99(b).) To operate an 
aircraft in solo flight, the person must hold at least a student pilot 
certificate. (See 14 CFR 61.87(l)(1).) To avoid any further confusion, 
this final rule now specifies a person to hold either a student pilot 
certificate or sport pilot certificate before applying for a 
recreational pilot certificate.
    One commenter supported the proposed requirement that a 
recreational pilot applicant hold a student pilot certificate. Four 
commenters asserted a recreational pilot applicant should hold either a 
student pilot certificate or a sport pilot certificate.
    We agree that Sec.  61.96(b)(9) be further revised to allow holding 
either a student pilot certificate or sport pilot certificate. We have 
changed the rule accordingly.

50. This revision of Sec.  61.101(e)(1)(iii) allows for a holder of a 
recreational pilot certificate to act as PIC in rotorcraft with more 
than a 180 horsepower powerplant

    Currently, holders of recreational pilot certificates are limited 
from acting as pilot in command (PIC) of an aircraft certificated 
``with a powerplant of more than 180 horsepower.'' The purpose for the 
more than 180 horsepower powerplant limitation was restricting 
recreational pilots to slower, less complex aircraft. The FAA has 
determined that the 180 horsepower powerplant limitation is 
inappropriate for helicopters or gyroplanes. For example, the Bell 47 
is a 1950-era helicopter that is simple in design and easy to fly, but 
some Bell 47 helicopters' engines exceed the 180 horsepower rating. 
This meant recreational pilots were restricted from acting as PIC of 
these kinds of helicopters. Therefore, this final rule revises Sec.  
61.101(e)(1)(iii) to exclude aircraft that are certificated in the 
rotorcraft category from the 180 horsepower powerplant limitation. The 
180 horsepower powerplant limitation will only apply to aircraft 
certificated in the airplane category.
    Additionally, we are making a correction in Sec.  61.101 in 
paragraph (j) that references ``paragraph (h)'' when the rule should 
reference ``paragraph (i).'' This mistake was recently discovered. 
Paragraph (h) is a rule about the requirement for adding the notation 
``Holder does not meet ICAO requirements'' to the recreational pilot 
certificate. Paragraph (i) is the correct rule that should be 
referenced in paragraph (j) as it provides the requirements for flying 
solo for holders of recreational pilot certificates.

51. This revision Sec.  61.103(j) requires a person either hold a 
student pilot certificate, sport pilot certificate, or a recreational 
pilot certificate when applying for a private pilot certificate

    Revised Sec.  61.103(j) now requires a person to hold either a 
student pilot certificate, sport pilot certificate, or recreational 
pilot certificate when applying for a private pilot certificate. The 
rules implicitly require a person to either have a student pilot or 
recreational pilot certificate before applying for a private pilot 
certificate. To apply for a private pilot certificate, an applicant 
must log at least 10 hours of solo flight time (See 14 CFR 61.109). To 
operate an aircraft in solo flight, the person must hold at least a 
student pilot certificate (See 14 CFR 61.87(l)(1)). However, to address 
any possible confusion, this revision explicitly specifies that a 
person hold either a student pilot certificate, sport pilot 
certificate, or recreational pilot certificate in order to apply for a 
private pilot certificate.
    Two commenters supported the proposed eligibility requirements for 
a private pilot certificate. Seven commenters asserted the proposed 
requirements for a private pilot certificate fail to address holders of 
sport pilot certificates and recommended that a private pilot candidate 
be required to hold a student pilot certificate, a recreational pilot 
certificate, or a sport pilot certificate.
    The FAA acknowledges comments received on this proposal. The FAA 
agrees with the commenters who requested that Sec.  61.103(j) be 
further revised to allow holding either a student pilot certificate, 
sport pilot certificate, or recreational pilot certificate. We have 
changed the rule accordingly.

[[Page 42529]]

52. This revision of Sec.  61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii) 
amends the solo cross country mileage requirements for consistency with 
the mileage requirements under the definition of ``cross country''

    This final rule revises Sec.  61.109(a)(5)(ii), (b)(5)(ii), and 
(e)(5)(ii), standardizing use of the term ``cross country'' throughout 
part 61. Under Sec.  61.1(b)(3)(ii), the FAA defines the distance of a 
cross country flight, in pertinent part, as ``more than 50 nautical 
miles.'' Under Sec.  61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), the 
regulations erroneously state, ``of at least 50 nautical miles.'' The 
revision amends all definitions of ``cross country'' to read ``more 
than 50 nautical miles.'' Four commenters supported changing the 
definition of cross country. One commenter asserted the change will 
eliminate questions regarding rounding without a significant negative 
impact. Nine commenters objected to the change with one arguing that 
the change could force performance of longer cross country flights in 
instances where existing airport pairings are exactly the specified 
number of miles apart. One commenter believed there was no compelling 
safety or other concerns sufficient to mandate the change, and another 
commenter asserted the proposed change would only provide minimal 
benefits.
    Two commenters recommended that, rather than changing Sec.  
61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), the FAA change Sec.  
61.1(b)(3)(ii) to read ``at least'' for continuity purposes. One 
commenter recommended that, if the definition of cross country flight 
is to be changed to a format of ``more than'' a number of miles, that 
mileages be reduced by one mile (i.e., from at least 50 miles to more 
than 49 miles). One commenter asserted the change will eliminate 
rounding without a significant negative impact. One commenter asserted 
the costs of the change outweigh the minimal benefit resulting from 
changing the definition. One commenter, while opposing the change, will 
accept it if it would prevent issuance of a certificate stating 
``Holder does not meet ICAO requirements.''
    The purpose of the rule change is to correct a mistake in the 
former rule and no substantive changes have been made.

53. This revision of Sec.  61.109(c)(4)(ii) amends the solo cross 
country distance requirement for the private pilot-helicopter rating

    This final rule revises Sec.  61.109(c)(4)(ii) so the cross country 
distance requirement for the helicopter rating at the private pilot 
certification level conforms to ICAO requirements and the FAA's cross 
country distance definition in Sec.  61.1(b)(3)(v). The existing solo 
cross country distance requirement under Sec.  61.109(c)(4)(ii) for the 
private pilot-helicopter rating states that the solo cross country 
flight must be ``at least 75 nautical miles total distance.'' The ICAO 
requirements, set forth under Annex I, paragraph 2.7.1.3.2 require that 
the total distance be at least 100 nautical miles total distance. 
Therefore, this final rule revises the private pilot-helicopter rating 
requirement to conform to the ICAO requirement.
    Additionally, the helicopter rating for private pilot certification 
under Sec.  61.109(c)(4)(ii) erroneously states ``of at least 25 
nautical miles.'' This final rule revises the rules to read ``more than 
25 nautical miles'' to conform to the definition of ``cross country'' 
under Sec.  61.1(b)(3)(v).
    Seven commenters objected to the change. The FAA already addressed 
many of these comments earlier in this document. The concerns included: 
forcing performance of longer cross country flights in cases where 
existing airport pairings are exactly the specified number of miles 
apart; no compelling safety reason; and, the costs of the change 
outweigh the minimal benefit resulting from changing the definition.
    The essence of this rule change is to parallel our rule with ICAO 
standards, so that U.S. pilot certification conforms to international 
civil aviation standards and our private pilot certificate is 
recognized by the other ICAO member States. Therefore, we are adopting 
the revision as proposed in the NPRM.

54. This revision of Sec.  61.109(d)(4)(ii) amends the solo cross 
country distance requirement for the private pilot-gyroplane rating

    This final rule revises Sec.  61.109(d)(4)(ii) to conform the cross 
country distance for the gyroplane rating at the private pilot 
certification level to the ICAO requirements for the gyroplane rating 
and to Sec.  61.1(b)(3)(v). The existing solo cross country distance 
requirement for the private pilot-gyroplane rating states that the solo 
cross country flight must be ``at least 75 nautical miles total 
distance.'' The ICAO requirements, set forth under Annex I, paragraph 
2.7.1.3.2, require that the total distance be at least 100 nautical 
miles total distance. Therefore, this final rule revises the cross 
country distance for the private pilot-gyroplane rating to conform to 
the ICAO's cross country distance requirement for the gyroplane rating 
at the private pilot certification level. Additionally, the gyroplane 
rating for private pilot certification under Sec.  61.109(d)(4)(ii) 
erroneously states ``of at least 25 nautical miles.'' The revision 
amends the rule to read: ``more than 25 nautical miles'' in conformance 
with the definition of ``cross country'' under Sec.  61.1(b)(3)(v).
    Four commenters supported changing the definition. Seven commenters 
objected to the change. One commenter, while opposing the change, would 
accept it if it prevented issuance of a certificate stating ``Holder 
does not meet ICAO requirements.''
    The essence of this rule change is to parallel our rule with ICAO 
standards, so that U.S. pilot certification conform to international 
civil aviation standards and our private pilot certificate is 
recognized by the other ICAO Member States to ICAO. Therefore, the FAA 
is adopting the revision as proposed in the NPRM.

55. This revision of Sec.  61.127(b)(4)(vi) adds a requirement for 
ground reference maneuvers for commercial pilot certification-gyroplane 
rating

    Revised Sec.  61.127(b)(4)(vi) will require training in ``ground 
reference maneuvers'' for the gyroplane rating at the commercial pilot 
certification level. When the FAA amended the area of operations under 
Sec.  61.127 for the gyroplane rating at the commercial pilot 
certification level, the reference to ``ground reference maneuvers'' 
was deleted. After further review, this final rule re-instates the 
``ground reference maneuvers'' as an area of operation for the 
gyroplane rating at the commercial pilot certification level. We 
believe this to be an important training and certification task. The 
ground reference maneuvers must include at least ``eights around a 
pylon,'' ``eights along a road,'' ``rectangular course,'' ``S-turns,'' 
and ``turns around a point.''
    Three commenters supported the addition of ground reference 
maneuvers as an area of operation for a commercial pilot gyroplane 
rating. One commenter did not object to the addition of ground 
reference maneuvers, but opposed the inclusion of specific maneuvers in 
the regulation while another opposed the introduction of rectangular 
course, S-turns, and turns around a point because these maneuvers are 
trained and tested at the private pilot level.
    The FAA acknowledges the supportive comments received on this 
proposal. The one commenter's statement that the rectangular course, s-
turns, and turns around a point are trained and tested at the private 
pilot level is accurate. However, the difference will be that the 
maneuvers must now be performed to commercial pilot certification 
standards. The FAA is

[[Page 42530]]

adopting the revision as proposed in the NPRM.

56. This revision of Sec.  61.127(b)(5)(vii) deletes the requirement 
for the ``ground reference maneuver'' in the area of operation for 
commercial pilot certification-powered-lift rating

    This final rule deletes ``ground reference maneuver'' area of 
operation under Sec.  61.127(b)(5)(vii) for the powered-lift rating at 
the commercial pilot certification level. The FAA has determined that 
the ``ground reference maneuver'' is not appropriate for the powered-
lift rating at the commercial pilot certification level.
    Two commenters supported the elimination of ground reference 
maneuvers as an area of operation for a commercial pilot powered-lift 
rating. Two other commenters opposed the elimination of ground 
reference maneuvers. The Greater St. Louis Flight Instructor 
Association argued in their comments that because powered lifts exhibit 
the qualities of both airplanes and helicopters, maneuvers unique to 
both aircraft should be demonstrated. One commenter opined that since 
there are no certified civilian powered-lifts, there is no way to know 
what maneuvers are appropriate for testing. The commenter recommended 
no changes be made until a Flight Standardization Board (FSB) has 
determined if changes are required.
    The FAA acknowledges the comments received on this proposal. The 
FAA has not completed its FSB report on any make and model of powered-
lift currently under production; however, because powered-lifts have 
flight characteristics of both the airplane and helicopter, we have 
determined that training on ``ground reference maneuvers'' would not be 
appropriate for the powered-lift rating at the commercial pilot 
certification level. The FAA does not intend to require ground 
reference maneuvers for certification during development of its FSB 
report, nor do we intend to require the maneuvers for the powered-lift 
rating for the commercial pilot certificate. The FAA is adopting the 
revision as it proposed in the NPRM.

57. This revision of Sec.  61.129(a)(3)(i) clarifies the tasks required 
for ``instrument training'' for commercial pilot certification-airplane 
single engine rating

    Ever since the instrument aeronautical experience requirement was 
adopted under Sec.  61.129 by the 1997 amendments (Amendments Nos. 1-
47, 61-102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997), the 
FAA has received questions about appropriate training for instrument 
aeronautical experience. Therefore, the FAA has revised Sec.  
61.129(a)(3)(i) to clarify tasks required for ``instrument aeronautical 
experience'' for the airplane single engine rating at the commercial 
pilot certification level. Under this revision, ``instrument 
aeronautical experience'' will include at least ``10 hours of 
instrument training, of which at least 5 hours must be in a single 
engine airplane and must include training using a view-limiting device 
for attitude instrument flying, partial panel skills, recovery from 
unusual flight attitudes, and intercepting and tracking navigational 
systems.''
    Two commenters generally supported the instrument training 
requirements proposal. One comment supported requiring five hours of 
training. Six commenters objected to the unqualified requirement that a 
view-limiting device be used for instrument training arguing that 
students should be permitted to train without a view-limiting device in 
actual instrument meteorological conditions (IMC) if the instructor is 
instrument current. Four commenters recommended the rule be modified to 
require training in actual IMC or using a view-limiting device. One 
commenter recommended use of a view-limiting device at the instructor's 
discretion. Two commenters recommended a minimum amount of actual 
instrument experience be required.
    The essence of the Sec.  61.129(a)(3)(i) is to clarify tasks 
required for ``instrument aeronautical experience'' for the airplane 
single engine rating at the commercial pilot certification level. Under 
this revision ``instrument aeronautical experience'' will include at 
least ``10 hours of instrument training, of which 5 hours must be in a 
single engine airplane and must include training using a view-limiting 
device for attitude instrument flying, partial panel skills, recovery 
from unusual flight attitudes, and intercepting and tracking 
navigational systems.''
    The purpose of this change is to further clarify the intent of the 
rule and no substantive changes have been made. As for the commenters' 
objections to use a view-limiting device and perform the instrument 
training in IMC, the answer is an aircraft being flown in IMC does not 
necessarily limit a person's vision to the outside and horizon. For 
example, an aircraft may be being flown between cloud layers and be 
considered an IMC operation; however, the pilot may be able to see 
outside the aircraft and see some portions of the horizon. Another 
example would be an aircraft being flown at night with reduced flight 
visibility; however, the ground lights and lighting around cities and 
towns would not limit a person's visual cues to the outside and 
horizon. The FAA has determined that requiring the use of a view-
limiting device will better insure quality instrument training. The FAA 
is adopting the revision as proposed in the NPRM.

58. This revision of Sec.  61.129(b)(3)(i) clarifies the tasks required 
for ``instrument training'' for commercial pilot certification-airplane 
multiengine rating

    This final rule revises Sec.  61.129(b)(3)(i) to clarify the tasks 
required for ``instrument training'' for the airplane multiengine 
rating at the commercial pilot certification level. Revised Sec.  
61.129(b)(3)(i) provides that instrument aeronautical experience must 
include at least ``10 hours of instrument training, of which at least 
five hours must be in a multiengine airplane and must include training 
using a view-limiting device for attitude instrument flying, partial 
panel skills, recovery from unusual flight attitudes, and intercepting 
and tracking navigational systems.''
    Two commenters generally supported the instrument training 
requirements for a commercial pilot certificate and one supported the 
requirement for five hours of training. Five commenters objected to the 
unqualified requirement that a view-limiting device be used for 
instrument training asserting students should be permitted to train 
without a view-limiting device in actual IMC if instructor is 
instrument current. Two commenters recommended the rule be modified to 
require training in actual IMC or using a view-limiting device. Two 
commenters recommended use of a view-limiting device be at the 
discretion of the instructor. One commenter recommended a minimum 
amount of actual instrument experience be required.
    Our responses to these kinds of comments were previously answered 
in the discussion of Sec.  61.129(a)(3)(i) above. The essence of the 
change is merely to further clarify the intent of the rule and no 
substantive changes have been made.

59. This revision of Sec.  61.129(c)(3)(i) allows use of a flight 
simulator, flight training device, or aviation training device for some 
of the instrument training required for commercial pilot certification-
helicopter rating

    Revised Sec.  61.129(c)(3)(i) will allow instrument training 
required for the helicopter rating at the commercial pilot 
certification level to be performed in an aircraft, flight simulator 
(FS), flight

[[Page 42531]]

training device (FTD), or aviation training device (ATD). In response 
to questions raised by the general aviation and flight training 
community, the training is required to satisfy instrument training for 
the helicopter rating at the commercial pilot certification level. The 
instrument training will include at least ``5 hours of instrument 
training and must include training using a view-limiting device for 
attitude instrument flying, partial panel skills, recovery from unusual 
flight attitudes, and intercepting and tracking navigational systems.''
    One commenter supported the proposed changes to the instrument 
training requirements for a commercial helicopter rating and two others 
supported the proposed changes to the language describing the 
instrument training required. One commenter recommended even more 
descriptive language providing specific maneuvers to be conducted, 
similar to that used for the private pilot single engine airplane 
requirements. One commenter supported the proposed requirement that all 
required instrument training be performed in a helicopter because under 
current rules, pilots may receive all required instrument training in 
another category of aircraft resulting in ineffective learning. One 
commenter rejected any argument that instrument helicopter training 
will be without cost implications, because he believes that most 
training helicopters are not certified for instrument flight and 
asserts that training for flight by reference to instruments does not 
require the kinds of flight instruments required under instrument 
flight rules (i.e., Sec.  91.205(d)). One commenter asserted that, 
unlike airplane pilots, helicopter pilots generally do not tend to 
obtain their instrument ratings before obtaining a commercial rating. 
Four commenters, including American Eurocopter and HAI, recommended 
requiring 10 hours of flight by reference to instruments. Four 
commenters stated the history of accidents involving inadvertent flight 
into IMC warrants an increase in the amount of required instrument 
training, rather than a decrease.
    Two commenters noted commercial helicopter pilots may act in common 
carriage without an instrument rating without distance or other 
restrictions. Four commenters opposed the requirement for five hours of 
training on flying a helicopter solely by reference to instruments. Two 
commenters asserted the proposed requirement will force many commercial 
pilot candidates to train in larger, more expensive helicopters. AOPA 
asserted that pilots may have difficulty gaining access to instrument 
equipped helicopters or an appropriately configured simulator, flight 
training device (FTD), or personal computer aviation training device 
(PCATD). One commenter noted few helicopters used for training are 
equipped with more than basic VFR instruments. Another commenter 
asserted that since non-instrument rated pilots are not required to 
maintain instrument currency, any skills acquired will rapidly 
deteriorate and negatively impact safety by giving pilots a false 
impression they are qualified to fly in marginal VFR conditions. One 
commenter asserted the proposed rule will unnecessarily force many 
helicopter instructors to obtain instrument ratings. Two commenters 
stated the history of accidents involving inadvertent flight into IMC 
does not support the proposed provision because most accidents have 
involved instrument-rated pilots. Four commenters objected to the 
unqualified requirement that a view-limiting device be used for 
instrument training.
    The commenters asserted students should be permitted to train 
without a view-limiting device in actual IMC if the instructor is 
instrument current. One commenter recommended the rule be modified to 
require training in actual IMC or using a view-limiting device. Three 
commenters recommended use of a view-limiting device be at the 
discretion of the instructor. American Eurocopter and HAI recommended 
the FAA require 10 hours of instrument instruction but permit five 
hours to be conducted in a simulator, flight training device or PCATD.
    Under the old Sec.  61.129(c)(3)(i), the rule required that 
applicants for a commercial pilot certificate for the helicopter rating 
receive ``10 hours of instrument training in an aircraft.'' This 
proposed change merely provides other methods (i.e., use of a flight 
simulator, flight training device, or an aviation training device) for 
an applicant to receive instrument training. Our responses to these 
comments were previously answered in the discussion of Sec.  
61.129(a)(3)(i) above. We are adopting the revision as proposed in the 
NPRM.

60. This revision of Sec.  61.129(d)(3)(i) allows for use of flight 
simulators, flight training devices, or aviation training devices for 
some of the instrument training required for commercial pilot 
certification-gyroplane rating

    Revised Sec.  61.129(d)(3)(i) reduces the number of hours of 
instrument training required from five to 2.5 hours and allows 
instrument training required for the gyroplane rating at the commercial 
pilot certification level to be performed in an aircraft, FS, FTD, or 
ATD. The FAA believes that the training for the commercial pilot-
gyroplane rating will be more useful if the training focused on other 
tasks. We recognize that gyroplanes are normally not sufficiently 
equipped for instrument flight operations and are flown mostly in 
daytime, visual meteorological conditions.
    This final rule has clarified the instrument training required to 
satisfy the ``instrument training'' for the gyroplane rating at the 
commercial pilot certification level. The instrument training will have 
to include at least 2.5 hours of instrument training, including 
training using a view-limiting device for attitude instrument flying, 
partial panel skills, recovery from unusual flight attitudes, and 
intercepting and tracking navigational systems.
    Two commenters supported the proposed commercial pilot gyroplane 
rating instrument training requirements. One commenter opposed the 
reduction in required instrument training time from five hours to 2.5 
hours, and argued alternatives to training in the aircraft make the 
requirement less onerous, and claimed, that training appropriate for a 
helicopter rating should be appropriate for gyroplanes as well. The 
commenter also pointed out that if five hours is completed, a pilot 
adding an additional class in the same category would not need any 
additional training time. Seven commenters stated instrument training 
for a commercial gyroplane rating is unnecessary and recommended its 
elimination. Two commenters argued the training time would be better 
devoted to basic flying skills since the vast majority of gyroplane 
operations are day VFR. These commenters added that accident history 
does not indicate that inadvertent flight into IMC is a significant 
causal factor. Three commenters noted gyroplanes are particularly 
unforgiving if unusual attitudes are encountered in IFR. Four 
commenters stated few or no gyroplanes are equipped for IFR. One 
commenter recommended making instrument privileges for a gyroplane 
rating optional, while two commenters recommended eliminating all 
instrument training requirements for gyroplanes. One commenter asserted 
a majority of pilots acquiring commercial pilot certificates with the 
gyroplane rating do so in order to instruct. The commenter asserted a 
lack of qualified instructors is a significant factor in gyroplane 
accidents, and that requiring instrument training for a commercial

[[Page 42532]]

rating creates an unnecessary obstacle to becoming an instructor.
    Two commenters objected to the unqualified requirement that a view-
limiting device be used for instrument training. One commenter 
recommended the rule be modified to require training in actual IMC or 
using a view-limiting device and one commenter recommended use of a 
view-limiting device be at the discretion of the instructor.
    Under the old Sec.  61.129(d)(3)(i), the rule required that 
applicants for a commercial pilot certificate for the gyroplane rating 
receive ``5 hours of instrument training in an aircraft.'' This 
proposed change merely reduces the hours requirement to 2.5 hours and 
provides other methods (i.e., use of a flight simulator, flight 
training device, or an aviation training device) for an applicant to 
receive instrument training. Additionally, the FAA is aware that 
gyroplanes are not certificated for instrument flight; however, this 
minimal amount of instrument training is to provide pilots with some 
training about flying in instrument conditions to make them better 
skilled and alert for instrument flight conditions.
    Our response to these kinds of comments were previously answered in 
the FAA Analysis paragraph in proposal No. 57 about Sec.  
61.129(a)(3)(i) above. The FAA acknowledges the comments received about 
this proposal. The FAA is adopting the revision as proposed in the 
NPRM.

61. This revision of Sec.  61.129(e)(3)(i) clarifies the tasks required 
for ``instrument training'' for commercial pilot certification-powered-
lift rating

    This final rule revises Sec.  61.129(e)(3)(i) for the powered-lift 
rating at the commercial pilot certification level. This revision 
requires at least 10 hours of instrument training, of which at least 
five hours must be in a powered-lift and must include training using a 
view-limiting device for attitude instrument flying, partial panel 
skills, recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems.
    Five commenters objected to the unqualified requirement that a 
view-limiting device for instrument training, arguing that students 
should be permitted to train without a view-limiting device in actual 
IMC if the instructor is instrument current. Two commenters recommended 
the rule be modified to require training in actual IMC or using a view-
limiting device. Three commenters recommended use of a view-limiting 
device be at the discretion of the instructor.
    Our response to these kinds of comments were previously answered in 
the FAA discussion of Sec.  61.129(a)(3)(i) above. The FAA acknowledges 
the comments received about this proposal. We are adopting the revision 
as proposed in the NPRM.

62. This revision of Sec.  61.129 for commercial pilot certification 
allows cross country training flights to be performed under VFR or IFR

    This final rule revises Sec.  61.129(a)(3)(iii) and (iv), 
(b)(3)(iii) and (iv), (c)(3)(ii) and (iii), (d)(3)(ii), (e)(3)(ii) and 
(iii), (g)(4)(ii) and (iii) to allow the required cross country flights 
for commercial pilot certification to be performed under VFR or IFR.
    Previously, Sec.  61.129 required one cross country flight in day 
VFR conditions and one cross country flight in night VFR conditions. 
Since establishing these cross country training requirements at the 
commercial pilot certification level, the FAA has received requests 
from several pilot training schools that we allow flights to be 
performed under IFR conditions. According to the schools, most 
applicants for commercial pilot certification-airplane rating and some 
applicants for the helicopter rating are enrolled in an instrument 
rating course at the same time they are undergoing their commercial 
pilot certification training.
    Eleven commenters supported the proposed provision permitting cross 
country flights for commercial pilot certification to be performed 
under VFR or IFR conditions. Four commenters asserted training will 
better reflect true-to-life scenarios. Four commenters opposed the 
proposed provision, and three commenters stated the visual navigation 
skills required for VFR cross country flight should not be 
deemphasized. One commenter noted that under the proposed rules, a 
pilot could complete the cross country requirement in two flights, 
under IFR or VFR conditions. The commenter stated the commercial pilot 
certificate-helicopter candidates should be required to perform cross 
country flights under VFR, because helicopters typically operate under 
VFR.
    We agree it makes sense to allow the cross country training 
requirements under Sec.  61.129 to be performed under IFR conditions. 
The FAA agrees and is allowing the cross country training requirements 
under Sec.  61.129 for commercial pilot certification for the airplane, 
rotorcraft, powered-lift, and airship ratings to be performed under VFR 
or IFR conditions.
    We also agree that navigation using pilotage and dead reckoning is 
important; however, a commercial pilot applicant will have received VFR 
cross country navigation training during their training and practical 
test for their private pilot certificate. In the case of cross country 
navigation training for the commercial pilot certificate, we believe 
the determination of whether the cross country training is performed 
under VFR or IFR is best left to the needs of the applicant and the 
instructor's discretion. For these reasons, the FAA is adopting the 
revision as proposed in the NPRM.

63. This revision of Sec.  61.129(d)(3)(iii) deletes the night training 
requirement for commercial pilot certification-gyroplane rating

    This final rule deletes the night cross country aeronautical 
experience requirement under Sec.  61.129(d)(3)(iii) for the gyroplane 
rating at the commercial pilot certification level. This final rule 
replaces the night cross country aeronautical experience requirement 
with two hours of flight training at night that consists of ten 
takeoffs and ten landings at an airport.
    Nine commenters supported eliminating the night cross country 
experience requirement for a commercial gyroplane rating and five 
commenters stated the requirement presents an unacceptable risk because 
the open cockpits of gyroplanes require lower altitude flight with 
reduced gliding range and because the instrumentation of gyroplanes is 
limited. One commenter asserted the requirement has discouraged 
potential gyroplane instructors from acquiring a commercial 
certificate. Two commenters asserted landing proficiency is of 
particular importance in gyroplane operations, and the night cross 
country requirement should be replaced with a requirement for a minimum 
amount of night flight including a minimum number of takeoffs and 
landings. One commenter opposed elimination of the night cross country 
requirement arguing if it is appropriate for a helicopter rating, it 
should be appropriate for gyroplanes. The commenter also stated a 
commercial gyroplane pilot could subsequently obtain a helicopter class 
rating with no additional training time and no night cross country 
experience.
    The FAA made this revision so that nighttime training for the 
gyroplane rating at the commercial pilot certification level will be 
more useful and more safely conducted in the vicinity of an airport. 
Gyroplanes have limited equipment and systems for

[[Page 42533]]

nighttime operations, and a cross country flight raises some added 
safety concerns in gyroplanes given its limited instrument flight and 
navigation capabilities. Therefore, the FAA is adopting the revision as 
proposed in the NPRM.

64. This revision of Sec.  61.129 amends the commercial pilot 
certification solo aeronautical experience requirements to allow the 
aeronautical experience to be performed either solo or while performing 
the duties of PIC with an instructor on board

    This final rule revises Sec.  61.129(a)(4), (c)(4), (d)(4), (e)(4), 
and (g)(2) to allow the commercial pilot certification aeronautical 
experience to be conducted either solo or while performing the duties 
of PIC with an instructor on board. Even though the commercial pilot 
certification aeronautical experience requirements for a multiengine 
airplane rating allow the aeronautical experience requirements to be 
conducted either solo or with an authorized instructor on board (See 
Sec.  61.129(b)(4)), the solo aeronautical experience requirements were 
purposely written differently for other aircraft categories. This is 
because comments received in response to Notice No. 95-11 (60 FR 41160-
41284; August 11, 1995) indicated that some insurance policies prohibit 
persons who do not already hold the multiengine airplane category and 
class rating on their pilot certificate from flying solo in multiengine 
airplanes.
    Five commenters supported the proposed provision permitting flights 
previously required to be performed solo with an instructor on board. 
One commenter stated the knowledge requirements are unchanged, and an 
additional pilot scanning for traffic enhances safety. Three commenters 
asserted that upon receiving private pilot certificates, pilots are 
permitted to fly solo and carry passengers, and should have no further 
solo flight requirements.
    Thirteen commenters opposed the provision with seven arguing that 
solo flight contributes to the development of essential self-reliance, 
decision-making, and command skills. Two commenters stated that, under 
the proposed rules, a pilot could progress all the way to an ATP 
certificate with only 10 hours of solo flight early in training. One 
commenter recommended pilots completing a commercial certificate with 
zero solo time in class be issued ratings limited to second in command 
(SIC) privileges. One commenter suggested if it is not possible for an 
applicant to perform the flights solo, then dual instruction 
requirements should be increased. Two commenters believed the proposed 
provision is driven by insurance and cost concerns, rather than safety 
or education concerns and insurance concerns should not restrict solo 
flight by commercial pilot candidates. The commenter stated most 
commercial pilot training is performed in either a single engine fixed 
gear airplane or in some low performance single engine retractable gear 
airplane, neither of which is difficult to insure.
    The Greater St. Louis Flight Instructor Association rejected the 
argument that flights with an instructor on board foster cockpit 
resource management (CRM) skills, noting that the purpose of part 61 
training is to prepare pilots to fly to single-pilot standards, not to 
prepare them for a future airline career. The association also asserted 
the proposed provision subverts the intent of Sec.  91.3, which defines 
the PIC as directly responsible for, and the final authority on, the 
operation of the aircraft. Finally, the association asserted students 
ostensibly acting as PIC will defer to flight instructors and 
Examiners.
    One commenter recommended solo cross country experience be 
required, but that pilots working toward a commercial multiengine 
airplane rating be permitted to perform the flights in a single engine 
airplane to avoid potential insurance conflicts. Two commenters, 
including AOPA, recommended permitting performance of cross country 
flights solo or with an instructor on board and that commercial pilot 
candidates be permitted to perform the flights with passengers on 
board. One commenter recommended all pilots who hold a private or sport 
pilot certificate be permitted to fulfill solo flight requirements for 
additional certificates or ratings with an instructor on board, or 
while carrying passengers, arguing that carrying passengers allows 
pilots to share costs and expose potential future students to the 
experience of flight without degrading safety. Finally one commenter 
opposed the underlying requirement for a long cross country flight from 
commercial pilot candidates because it is only meant to conform to ICAO 
standards.
    Since the adoption of Sec.  61.129, the FAA has learned that some 
operators of the other categories and classes of aircraft also have the 
same insurance policy restrictions. Many of these aircraft operators 
also believe solo provisions for commercial pilot certification-
multiengine airplane rating is beneficial in teaching crew resource 
management (CRM). These provisions permit the training to be performed 
solo or with an instructor on board while the applicant is performing 
the duties of PIC in a multiengine airplane. Some operators have said 
that they will be agreeable to their commercial pilot applicants 
practicing abnormal and emergency procedures if the applicant's 
instructor was on board. Therefore, this final rule provides for 
commercial pilot certification for the single engine airplane, 
helicopter, gyroplane, powered-lift, and airship ratings to be 
performed either solo or while performing the duties of PIC with an 
authorized instructor aboard.
    We believe the negative comments against this proposal are more of 
a philosophical disagreement than a safety issue. The existing rule, 
Sec.  61.129(b)(4), has permitted the commercial pilot-airplane 
multiengine training to be performed either solo or with an instructor 
on board since August 4, 1997, and there has not been any difference 
noted in safety or the quality of the skills and abilities of 
commercial pilot-airplane multiengine applicants. We believe applicants 
and instructors have used this training for commercial pilot-airplane 
multiengine applicants to achieve proficiency in crew resource 
management and coordination with an SIC designated pilot.
    For the stated reasons, the FAA is adopting the revision as 
proposed in the NPRM.

65. This revision of Sec.  61.129(g)(3)(i) clarifies the tasks required 
for the ``instrument training'' for commercial pilot certification-
airship rating

    Ever since the instrument aeronautical experience requirement was 
adopted under Sec.  61.129 by the 1997 amendments (Amendments Nos. 1-
47, 61-102, 141-8, and 143-6; 62 FR 16220-16367; April 4, 1997), we 
have received questions about what is considered appropriate training 
to cover instrument aeronautical experience. Revised Sec.  
61.129(g)(3)(i) clarifies the tasks required for ``instrument 
training'' for the airship rating at the commercial pilot certification 
level to include the use of a view-limiting device for attitude 
instrument flying, partial panel skills, recovery from unusual flight 
attitudes, and intercepting and tracking navigational systems.
    There were no specific comments about this proposal on the 
instrument tasks required for the commercial pilot-airship rating. The 
comments received focused on clarifying the tasks required for 
``instrument training'' for the other categories and classes of 
aircraft at the commercial pilot certification level.
    Our responses to these kinds of comments were previously answered 
in

[[Page 42534]]

the discussion of Sec.  61.129(a)(3)(i). We are adopting the revision 
as it was proposed in the NPRM.

66. This revision of Sec.  61.153(d)(3) changes the ATP eligibility 
requirements for pilots who are applying for the ATP certificate on the 
basis of holding a foreign commercial or ATP pilot license

    This final rule makes minor clarifying revisions to Sec.  
61.153(d)(3), the airline transport pilot (ATP) eligibility 
requirements for persons holding foreign commercial or ATP pilot 
licenses, by including the requirement that the foreign commercial or 
ATP pilot license contains no geographical limitations. The FAA has 
determined that a foreign applicant for the U.S. ATP certificate should 
not be qualified if the foreign ATP license has a geographical 
limitation. Although this situation very rarely (if ever) occurs, the 
FAA wants to clarify the rule to avoid any potential future conflicts.

67. This revision re-structures Sec.  61.157, moves the provisions for 
use and limitations of flight simulators and flight training devices 
from the ATP flight proficiency requirements to the Sec.  61.64, and 
makes other clarifying revisions

    We are revising Sec.  61.157(f) to clarify the aeronautical 
knowledge areas to be demonstrated during a competency test/proficiency 
check under air carrier operating rules for an applicant to qualify for 
an ATP and/or an additional aircraft rating.
    For a part 135 pilot applicant, the items currently required to be 
demonstrated in order to qualify for such a certificate or additional 
rating are the aeronautical knowledge areas of Sec.  135.293(a)(1) 
through (8) and the maneuvers and procedures listed in Sec.  
135.293(b), plus an instrument proficiency check as outlined in the 
Sec.  135.297. Under part 121, the corresponding requirements are 
listed in Sec.  121.441 and consist of the ``aircraft specific'' 
maneuvers and procedures listed in part 121, appendix F. The part 135 
testing requirements, which include such ``generic'' knowledge areas as 
air traffic control procedures and meteorology in general, go beyond 
the requirements of part 121. An objective of this rule change, 
therefore, is to synchronize the testing requirements between parts 121 
and 135 so that the same items are required to be tested by an 
applicant under either part.
    Two commenters asserted the proposed changes to Sec. Sec.  61.63 
and 61.157 and new Sec.  61.64 would have a significant and detrimental 
impact on the use of flight simulators and the flight training industry 
and supported the text of the existing rules.
    The FAA has, by policy, typically limited part 142 training center 
contract Check Airmen and designated pilot Examiners to testing part 
135 pilot applicants on the aeronautical knowledge area of Sec.  
135.293(a)(2) and not on the other areas listed in Sec.  135.293(a)(1) 
and (3) through (8). This has sometimes caused a problem in showing 
that an applicant has fully met all regulatory requirements, 
considering that Sec.  61.157(f)(2) specifies that these knowledge 
areas must be tested by ``an authorized designated pilot examiner or 
FAA aviation safety inspector.'' Further, the rule is silent on the 
role of a part 142 Training Center Evaluator (TCE), who is also a 
certifying official, and who may be acting in the role of contract 
check airman.
    To ensure the rule is written correctly and in accordance with 
current policy and acceptable operating practices, we are revising 
Sec.  61.157(f) to clarify that the part 135 competency test described 
in the rule means a PIC competency check involving the aeronautical 
knowledge areas of Sec.  135.293(a)(2), the maneuvers and procedures 
listed in Sec.  135.293(b), and the instrument proficiency check 
described in Sec.  135.297. This means that a part 135 pilot applicant 
who accomplishes a part 135 competency/proficiency check with a part 
142 training center or designated pilot examiner will be eligible for 
an ATP certificate or additional aircraft rating, but still must 
accomplish the other aeronautical knowledge areas of Sec.  
135.293(a)(1) and (3) through (8) with their company check airman or 
FAA Aviation Safety Inspector to meet the part 135 PIC competency check 
requirements. Without these requirements being completed, a part 135 
pilot applicant, although having received an appropriate certificate 
and aircraft rating, will not meet the qualification requirements to 
serve as a required flight crewmember under part 135.
    The rule change will also formally clarify the designee/certifying 
official role played by a part 142 Training Center Evaluator who is 
also authorized by an air carrier's Principal Operations Inspector 
(POI) as a contract check airman.
    This final rule rewords Sec.  61.157(g) (former paragraph (j)) and 
clarifies the use of an aircraft on a practical test for a type rating 
that is not capable of instrument maneuvers and procedures and the 
issuance of a type rating with a VFR limitation under those 
circumstances. This revision parallels the revised change under Sec.  
61.63(e).
    Additionally, this revision removes paragraphs (g), (h), and (i), 
that provided for the use and limitations of a flight simulator and 
flight training device, and moves those requirements into Sec.  61.64.
    The FAA's response to the comments about this proposal related to 
where we moved the use and limitations of flight simulators and flight 
training devices from Sec.  61.157 to Sec.  61.64 and other clarifying 
changes was previously addressed above in the paragraph about the 
changes to Sec.  61.63 and Sec.  61.64. The establishment of this rule 
merely consolidates the use of flight simulators and flight training 
devices into Sec.  61.64 and for these reasons the FAA is adopting the 
revision as it was proposed in the NPRM.

68. This revision of Sec.  61.157(h) requires an applicant for a type 
rating at the ATP certification level in a multiengine, single-pilot 
station airplane to perform the requirements in a multi-seat version of 
that multiengine airplane

    Revised Sec.  61.157(h) will require an applicant for a type rating 
at the ATP certification level for a multiengine airplane with single-
pilot station to perform the practical test in the multi-pilot seat 
version of that multiengine airplane. The practical test may be 
performed in the single-seat version of that airplane if the Examiner 
is in a position to observe the applicant during the practical test in 
the case where there is no multi-seat version of that multiengine 
airplane. This revision parallels Sec.  61.63(f) for a type rating in a 
multiengine airplane with single-pilot station at other than the ATP 
certification level.

69. This revision of Sec.  61.157(i) requires an applicant for a type 
rating at the ATP certification level in a single-engine, single-pilot 
station airplane to meet the requirements of this part in a multi-seat 
version of that single engine airplane

    Revised Sec.  61.157(i) will require an applicant for a type rating 
at the ATP certification level for a single engine airplane with 
single-pilot station to perform the practical test in the multi-pilot 
seat version of that single engine airplane. The practical test may be 
performed in the single-seat version of that airplane if the Examiner 
is able to observe the applicant during the practical test when there 
is no multi-seat version of that single engine airplane. This revision 
parallels Sec.  61.63(g) for a type rating in a single engine airplane 
with single-pilot station at other than the ATP certification level.

[[Page 42535]]

70. This revision of Sec.  61.159(c)(3) allows U.S. military flight 
engineers to credit flight engineer time when applying for an ATP pilot 
certificate

    Revised Sec.  61.159(c)(3) allows a U.S. military flight engineer 
to credit flight engineer time toward the aeronautical experience 
requirements for an ATP certificate. Under Sec.  61.159(c)(2), a flight 
engineer who is employed by a part 121 operator is allowed to credit 
flight engineer time toward an ATP certificate. Revised Sec.  
61.159(c)(3) affords military rated flight engineers the same 
opportunity.
    Three commenters supported the proposed provision permitting flight 
engineers to credit military flight engineer time toward a civilian ATP 
certificate. The Greater St. Louis Flight Instructor Association 
recommended the proposal be expanded to include all rated military 
flight crewmembers that perform flight related duties (e.g., Naval 
Flight Officers, U.S. Air Force navigators, and weapons system 
operators (WSO)) that hold an FAA pilot certificate during the time 
they perform and log their experience. The FAA is adopting the revision 
as proposed in the NPRM.

71. This revision of Sec.  61.159(d) and (e) conforms the ATP 
aeronautical experience requirements to the ICAO ATP requirements

    This final rule revises Sec.  61.159(d) and (e) for conformity to 
current International Civil Aviation Organization (ICAO) airline 
transport pilot (ATP) aeronautical experience requirements for the 
airplane category as stated in paragraphs 2.1.9.2 and 2.5.1.3 of the 
Personnel Licensing, ICAO Annex 1.
    For many years, the FAA has received numerous inquiries as to 
whether applicants for an ATP certificate with the ICAO limitation 
``Holder does not meet the pilot in command aeronautical experience 
requirements of ICAO'' must have 1,500 hours of total time as a pilot 
or 1,200 hours of flight time as a pilot as stated in Sec.  
61.159(d)(2). The current FAA regulation applies an obsolete ICAO ATP 
airplane aeronautical experience rule. Before 1974, ICAO only required 
1,200 hours of total flight time to qualify for an ATP certificate in 
the airplane category. In 1974, ICAO amended its ATP aeronautical 
experience requirements for the airplane category to require 1,500 
hours of flight time as a pilot and retained the additional qualifying 
aeronautical experience requirements of only permitting 50 percent of 
an applicant's second-in-command time to be credited with none of an 
applicant's flight-engineer time being credited (see paragraphs 2.1.9 
and 2.5.1.3 of ICAO Annex 1, Personnel Licensing). This revised change 
harmonizes FAA regulations to ICAO's current standard.

72. This revision of Sec.  61.187(b)(6)(vii) deletes the flight 
instructor-glider flight proficiency maneuver known as the ``go 
around'' task

    This final rule deletes the flight instructor-glider flight 
proficiency maneuver known as the ``go around'' under Sec.  
61.187(b)(6)(vii). Understandably, a non-powered glider is not capable 
of performing a ``go-around'' maneuver.
    One commenter supported elimination of the go around maneuver from 
the glider flight instructor rating requirement. One commenter opposed 
the removal of the go around requirement from the flight proficiency 
requirements for a glider instructor rating because a go around may be 
appropriate and applicable in a self-launching glider.
    In a self-launching glider, it is possible that a pilot may have to 
perform a go-around maneuver. However, the FAA is attempting to 
establish training requirements that are most appropriate for the 
glider. For pilots taking training in a self-launching glider, flight 
instructors may want to give their students training on the go-around 
maneuver, and that decision will be left to the flight instructor and 
the student when they arrange the training that is best suited to that 
student's needs and wants. For these reasons, the FAA is adopting the 
revision as proposed in the NPRM.

73. This revision of Sec.  61.195(c) establishes the flight instructor 
qualifications for providing instrument training in-flight at the 
commercial pilot and ATP certification levels

    This final rule clarifies the flight instructor qualifications for 
flight instructors who provide instrument training at the commercial 
pilot and ATP certification levels. For example, Sec.  61.129 requires 
ten hours of instrument training for the airplane-single-engine, 
airplane-multiengine, helicopter, gyroplane, powered-lift, and airship 
ratings at the commercial pilot certification levels. This final rule 
revises Sec.  61.195(c) to establish that a flight instructor who 
provides instrument training required at the commercial pilot and 
airline transport pilot certification levels must hold an instrument 
rating on both his/her pilot and flight instructor certificates that 
are appropriate to the category and class of aircraft in which 
instrument training is being provided.
    Six commenters supported the proposed requirement that instructors 
providing instrument training for most certificates and ratings hold 
instrument ratings on their instructor certificates. One commenter 
recommended an instrument instructor rating be required to administer 
instrument instruction in any context and this is FAA's past 
interpretation. Four commenters recommended the language of the 
proposed rule be revised. Three commenters asserted the proposed 
language appears to require an instructor to hold an instrument rating 
in both the category and class of aircraft, which is not possible, 
because instructor certificates do not have class ratings. One 
commenter recommended the requirement apply to an instrument rating on 
the instructor's pilot certificate, and an appropriate class and 
category rating on the instructor's flight instructor certificate. Two 
commenters objected to the requirement that an instructor providing 
instrument training for a commercial certificate hold an instrument 
rating on his or her instructor certificate.
    The University of Oklahoma Aviation Department noted there are no 
instrument flight tasks in the commercial pilot training standards 
(PTS) and the commercial pilot instrument training requirements are 
very similar to those for the private pilot certificate. The university 
further asserted the rule will unnecessarily confine non-instrument 
rated instructors to teaching private pilot students, or will result in 
a discontinuation of instruction of commercial pilot students. Two 
commenters asserted an instructor with an instrument rating on his/her 
pilot certificate can effectively provide instrument instruction toward 
a private or commercial certificate. One commenter questioned whether 
any safety data shows that the basic instrument instruction 
administered by instructors not holding instrument instructor ratings 
has been a causal accident factor. One commenter asserted that the 
General Aviation Operations Inspector Handbook indicates that an 
instrument instructor holding a multiengine rating on his/her pilot 
certificate (but not on their instructor certificate) may administer 
instrument instruction in a multiengine airplane. This commenter 
further objected to the proposed ``class and category'' language of 
Sec.  61.195(c), because it will prohibit this practice. Another 
commenter directly opposed this position because an instructor who does 
not hold an

[[Page 42536]]

airplane multiengine instructor rating should not be permitted to give 
any kind of instruction in a multiengine airplane.
    The FAA has always made a distinction between the instructor 
qualifications for flight instructors who provide private pilot 
training of maneuvering an aircraft ``solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs, and descents, turns to a heading, recovery from unusual flight 
attitudes, radio communications, and the use of navigation systems/
facilities and radar services appropriate to instrument flight'' as 
opposed to the more advanced instrument training required for 
commercial pilot certification. A flight instructor without an 
instrument rating on his/her flight instructor certificate may provide 
this training for private pilot certification. However, the more 
advanced instrument training required for commercial pilot 
certification requires a flight instructor who holds a flight 
instructor certificate with the instrument qualification. We do not 
find any reason to change this policy. Therefore, the FAA is adopting 
the revision as proposed in the NPRM.
    We have reviewed the rule text language in Sec.  61.195(c) in 
response to the question of whether our change now requires an 
instrument rating on the aircraft category and class rating of the 
flight instructor certificate. In Sec.  61.5(c)(4), the rule is clear 
that the instrument rating on the flight instructor certificate relates 
to the aircraft category rating, and is not issued to the aircraft 
class rating. The phrase in Sec.  61.195(c) that states ``that is 
appropriate to the category and class of aircraft for the training 
provided'' applies to the category and class of aircraft on the flight 
instructor holder's pilot certificate. The phrase in Sec.  61.195(c) 
that states ``that is appropriate to the category * * * of aircraft for 
the training provided'' applies to the category of aircraft on the 
flight instructor holder's instrument rating and flight instructor 
certificate. The commenter was correct that the instrument rating is 
only associated with the aircraft category rating on a flight 
instructor certificate. However, to ensure that the flight instructor 
holds the appropriate instrument rating or instrument privileges on 
both his/her pilot certificate and flight instructor certificate, we 
believe this was the most appropriate way to write this rule.
    The FAA disagrees that a non-instrument rated flight instructor 
should be able to teach the instrument training required for commercial 
pilot certification. The FAA expects the instrument training required 
for commercial pilot certification to be more advanced and requires 
that the flight instructor who teaches instrument training at the 
commercial pilot certification level hold an instrument rating on their 
flight instructor certificate.
    In accordance with Sec.  61.195(b)(1), a flight instructor who does 
not hold the appropriate airplane multiengine rating on his/her flight 
instructor certificate and the appropriate airplane category 
multiengine class rating on his/her pilot certificate may not conduct 
instrument training in a multiengine airplane unless that flight 
instructor holds the appropriate airplane category multiengine class 
rating on his/her pilot certificate and flight instructor certificate. 
A flight instructor who only holds a flight instructor certificate with 
an Instrument-Airplane rating and no airplane category multiengine 
class rating on his/her pilot certificate may not conduct instrument 
training in a multiengine airplane. The commenter's understanding is 
wrong.

74. This revision of Sec.  61.195(d)(3) deletes the endorsement 
requirement on a student pilot certificate for solo flight into Class B 
airspace

    This final rule deletes the requirement under Sec.  61.195(d)(3) 
that a flight instructor must endorse a student pilot's certificate to 
authorize a solo flight in a Class B airspace area or at an airport 
within Class B airspace. Under Sec.  61.95(a)(2) and (b)(2), a student 
pilot is required only to have his or her logbook endorsed when seeking 
authorization to perform solo flight in Class B airspace or at an 
airport within Class B airspace. This change will make the flight 
instructor endorsement requirement parallel the student pilot 
endorsement requirements of existing Sec.  61.95(a)(2) and (b)(2).

75. This revision of Sec.  61.195(k) establishes flight instructor 
night vision goggle qualification requirements for a flight instructor

    This final rule amends Sec.  61.195(k) to establish qualification 
requirements for a flight instructor to give PIC qualification and 
recent training for NVG operations. This final rule requires that an 
instructor who gives PIC qualification and NVG operations training must 
meet the eligibility requirements set forth in Sec.  61.195.
    American Eurocopter and HAI noted civilian NVG operations differ 
greatly from military NVG operations and recommended the FAA account 
for this when prescribing NVG operations and certification 
requirements. American Eurocopter and HAI further recommended reducing 
the flight instructor experience qualifications for giving NVG PIC 
qualification and currency training from 100 operations to 60 
operations and requiring that instructors have NVG experience within 
the preceding five years (using ANVIS 6 GEN III or above equipment). 
They recommended such experience be in the category, class, and, if 
applicable, type of aircraft in question. AOPA supported the general 
concept of defining and addressing night vision goggle operations, 
while deferring to NVG users regarding specific details of the proposed 
provisions.
    The specific missions of military pilots using NVGs may be 
different than civilian pilots, but there is no difference in 
prescribing training, qualifications, and recurrency for using NVGs. We 
disagree that we should take in account the requirements for NVG 
operations and certification between civilian pilots and flight 
instructors using NVGs versus military pilots and instructor pilots. In 
establishing these training, qualifications, and recurrency 
requirements for using NVGs, we consulted with our civilian 
stakeholders. For these reasons, the FAA is adopting the revision as 
proposed in the NPRM.

76. This revision of Sec.  61.215(b) allows only a ground instructor 
with an instrument rating to give ground training for the issuance of 
an instrument rating and instrument proficiency check and for a 
recommendation for the knowledge test required for an instrument rating

    This final rule revises Sec.  61.215(b) to provide that only a 
certified ground instructor with an instrument rating may give ground 
training for the issuance of an instrument rating and instrument 
proficiency check and for a recommendation for the knowledge test 
required for an instrument rating. Under the old Sec.  61.215(b), the 
rule erroneously permitted a ground instructor who held only an 
advanced ground instructor (AGI) certificate to give instrument 
training. The aeronautical knowledge subject areas for the AGI 
certificate do not cover instrument subjects on the knowledge test. 
Only the aeronautical knowledge subject areas for the instrument ground 
instructor (IGI) certificate cover instrument subjects. Authorizing 
instrument privileges to a holder of only an AGI certificate is not 
appropriate.
    Seven commenters supported the proposed requirement that an AGI 
have an instrument rating to give ground

[[Page 42537]]

instruction toward an instrument rating or check ride. As the purpose 
for the rule change is correcting a mistake in the former rule and no 
substantive change is being made to the rule we are adopting the rule 
as proposed in the NPRM.

77. This revision of Sec.  61.217(a) clarifies the recent experience 
requirements for ground instructors

    This final rule revises Sec.  61.217(a) to clarify the recent 
experience requirements for ground instructors, particularly the 
meaning of the phrase ``served for at least three months as a ground 
instructor.'' This revision will delete this phrase and establish more 
general criteria for recent experience requirements. The intent is to 
recognize a person's employment or activity as a ground instructor 
without that person being expected to maintain some kind of a time 
sheet or log to show that he or she ``served for at least three months 
as a ground instructor.''
    One commenter asserted the proposed currency requirements are 
unfair to ground instructors not teaching at a college, university or 
part 141 school. The commenter suggested ground instructors be 
permitted to maintain currency by undergoing the ground portion of a 
flight instructor refresher course (FIRC) within the previous year. 
Another commenter recommended any ground instructor who has added a 
rating to their ground instructor certificate within the previous 
twelve months be deemed current. One commenter supported the proposed 
clarifications, but suggested the currency period be twenty-four 
months, rather than twelve months, to coincide with the duration of 
flight instructor privileges. Two commenters agreed that clarification 
of ground instructor currency requirements is needed, but these 
commenters asserted the proposed provisions leave unanswered what 
amount of time employed, or actively instructing, within the previous 
twelve months is necessary. In response, they recommended requiring a 
minimum of thirty-five or forty hours of ground instruction in the 
previous twelve calendar months. The Greater St. Louis Flight 
Instructor Association proposed ground instructors be required to 
complete a FIRC to renew their privileges every two years. This will 
give ground instructors the same training that flight instructors 
receive from attending a FIRC.
    We believe the changes made to the currency requirements for ground 
instructors are all-encompassing and allow ground instructors to 
maintain their currency. The currency requirements are not just for 
ground instructors who teach at a college, university, or a part 141 
pilot school. Under Sec.  61.217, a ground instructor may maintain 
currency by showing compliance with any of the four methods shown in 
the rule.
    In regard to the question about what amount of time employed, or 
actively instructing, within the previous twelve months is necessary, 
we have not established any specific amount of time of employment or 
activity as a ground instructor giving pilot, flight instructor, or 
ground instructor training. Rather the time must be reasonable and 
documented. For example, a ground instructor can show some kind of 
documentation or evidence that he/she taught a ground school lesson at 
a FIRC and be able to show the starting and ending teaching dates 
during the preceding twelve calendar months.
    As for the recommendation requiring a minimum of thirty-five hours 
to forty hours of ground instruction in the preceding twelve calendar 
months, that recommendation is outside the scope of this rulemaking 
project. We did not propose such a change in the NPRM and we cannot 
adopt the recommendation in this final rule.
    Likewise, the comment from the Greater St. Louis Flight Instructor 
Association requiring ground instructors attend a FIRC every two years 
is also outside the scope of this rulemaking project. For the above 
reasons, we are adopting the changes as proposed in the NPRM.

78. This revision of Sec.  91.205(h) establishes the night vision 
goggle instrument and equipment requirements for night vision goggle 
operations

    This final rule adds a new paragraph (h) in Sec.  91.205 that 
establishes the required NVG instruments and equipment for NVG 
operations. This new paragraph (h) is similar to how the FAA requires 
certain instruments and equipment for VFR (day), VFR (night), and IFR 
operations under existing Sec.  91.205. This new paragraph (h) 
establishes the instruments and equipment required to be installed in 
the aircraft that are required to be functioning in a normal manner, 
and that must be approved for use by the FAA.
    One commenter noted most NVG approved cockpit lighting supplemental 
type certificates (STC) require installation of a radar altimeter and 
recommended requiring the use of a radar altimeter only in an 
environment where such use would enhance safety of flight, such as 
extended over water operations or low contrast areas such as desert or 
snow. AOPA supported the general concept of defining and addressing NVG 
operations, while deferring to NVG users regarding specific operational 
details.
    In response to the recommendation about providing an exception from 
the aircraft's STC that requires installation of a radar altimeter, we 
have reviewed our STC approval process for required NVG equipment and 
our policy established in FAA Order 8900.1, Volume 4, Chapter 7, 
Section 4, paragraph 4-1128 B. 3. We agree that we should have required 
a radar altimeter in the listing of equipment required for NVG 
operations. Therefore, we have further revised Sec.  91.205(h) by 
including a radar altimeter in the listing of required equipment for 
aircraft used in NVG operations. We do not consider this addition as a 
change from our proposal in the NPRM, because a radar altimeter is a 
required item of equipment in order to receive STC approval of an 
aircraft for NVG operations.

79. This revision of Sec.  141.5 clarifies that the number of 
``counters'' for a pilot school or provisional pilot school to qualify 
for the 80 percent or higher pass rate must be 10 different people

    This final rule revises Sec.  141.5 clarifying the definition of 
``a quality of training pass rate of at least 80 percent.'' The purpose 
of this change is to establish that the number of ``counters'' for 
meeting the required 80 percent or higher school pass rate of requiring 
10 different graduates, meaning 10 different people. A graduate can 
only be counted once in computing the 80 percent pass rate on the first 
attempt. American Flyers asserted a minimum 80% pass rate seems high, 
especially when a 90% pass rate raises suspicions of a conflict of 
interest. American Flyers suggested a 70% pass rate would be more 
realistic and consistent with other acceptable performance standards. 
Six commenters opposed the proposed requirement that the pass rate used 
to certify part 141 schools use data from 10 different individuals, 
claiming the requirement discriminates against smaller schools, and 
stated the same student completing different courses provides just as 
effective an evaluation as different people completing the courses. 
Three commenters raised concerns regarding the adequacy of training 
that can be met by requiring the 10 tests used to determine pass rate 
be practical tests. These commenters stated this requirement would 
introduce an element of independence to the testing.
    One commenter requested clarification on what course graduations

[[Page 42538]]

are used to determine a school's pass rate, understanding that the 
total of all courses taken by all students is used to calculate the 
pass rate.
    The wording of the old Sec.  141.5 raised interpretation questions 
about how many graduates had to graduate for a school to meet the 80 
percent or higher pass rate. Some posed scenarios where one person 
could be counted as all 10 graduates. The FAA disagreed and has amended 
Sec.  141.5 to clarify that the 10 graduates must be 10 different 
people. The FAA believes that requiring the pass rate to be calculated 
from 10 different graduates is a better measure of the school's quality 
of training and provides a more realistic view of the school's pass 
rate.
    In response to the commenter's request for clarification on what 
course graduations are used to determine a pilot school's pass rate, 
all approved courses may be considered. For example, a part 141 pilot 
school has courses approved for: Private Pilot Course for the Airplane 
Single Engine Land; Instrument Rating Course for the Airplane Single 
Engine Land; Commercial Pilot Course for the Airplane Single Engine; 
Commercial Pilot Course for the Airplane Multiengine; Flight Instructor 
Course for the Airplane Single Engine; Flight Instructor Course for the 
Airplane Multiengine; and Flight Instructor Instrument Course for the 
Airplane Single Engine. The 10 students can come from any of those 7 
approved courses or just from one of the approved courses. However, as 
required Sec.  141.5(e), the part 141 pilot school must have graduated 
at least 10 different students.
    The requirement in Sec.  141.5(d) that ``at least 80 percent of 
those persons passed their tests on the first attempt'' is not a change 
from the existing rule. The purpose of this change is clarifying the 
intent of the rule. Therefore, the FAA is adopting the revision as 
proposed in the NPRM.

80. This revision of Sec.  141.9 clarifies the intent and meaning of 
examining authority

    The FAA has found it necessary to revise the language under Sec.  
141.9 because some have misunderstood the rule and believe that when 
the FAA issues examining authority to a pilot school, it also 
authorizes examining authority for all the training courses of that 
school. This is not true.
    One commenter recommended eliminating the granting of examining 
authority to flight schools because of the amount of trouble it has 
caused.
    The FAA provides examining authority on a course-by-course basis. 
This means that if the pilot school makes specific application for a 
course, the FAA will issue examining authority as long as it meets the 
qualification requirements of Sec.  141.63 for that specific course of 
training. Furthermore, the FAA only issues examining authority to a 
pilot school that meets the requirements of subpart D of part 141, as 
opposed to a provisional pilot school. Under Sec.  141.63, a 
provisional pilot school is not qualified to receive examining 
authority.

81. This revision of Sec.  141.33(d)(2) reduces the number of student 
enrollments to qualify for a check instructor position

    This final rule revises Sec.  141.33(d)(2) to reduce the number of 
student enrollments from 50 students to 10 students in a part 141 pilot 
school to qualify for check instructor positions. This revision 
demonstrates we are responding positively to recommendations from the 
pilot school industry to authorize the use of check instructors in some 
of the smaller pilot schools.
    Three commenters argued there should be no minimum number of 
students for a flight school to be eligible to use check instructors, 
and recommended each requested case-by-case evaluation be made by the 
school's jurisdictional Flight Standards District Office (FSDO).
    The FAA initially established the figure of 50 student enrollments 
when it promulgated Sec.  141.33(d)(2) to provide for those flight 
schools that train large numbers of students. (See 62 FR 16350; April 
4, 1997.) The position of check instructor was established because the 
FAA understands it is nearly impossible to expect chief instructors and 
assistant chief instructors to perform all the required stage checks, 
end-of-course tests, and instructor proficiency checks in large pilot 
schools. However, since the adoption of Sec.  141.33(d)(2), a number of 
moderate-sized flight schools have informed the FAA that they have 
sufficient student activity to justify check instructors. For example, 
one chief instructor commented that his/her school has 15 student 
enrollments and each student requires six stage checks and one end-of-
course test. Thus, he/she is required to perform 105 tests on his 
school's 15 student enrollments. Another chief instructor commented 
that he has 15 stage and end-of-course tests per student in his part 
141 approved course. This computes to a total of 300 tests he/she must 
perform.
    The FAA has made it clear that it does not expect the chief and 
assistant chief instructors to delegate all their duties and 
responsibilities to the check instructors (See 62 FR 16350; April 4, 
1997). The FAA encourages and expects chief and assistant chief 
instructors to continue to have direct experience monitoring the 
quality of instruction and student performance in their schools. The 
FAA expects the school's chief and assistant chief instructors to 
continue checking their instructors' quality of training and their 
students' performance. However, the FAA also recognizes that this can 
be done by sampling instructor proficiency and student performance. The 
FAA does not believe it is necessary to establish a regulatory 
requirement on the numbers of stage checks, end-of-course tests, and 
instructor proficiency checks that each chief instructor or assistant 
chief instructor must perform. That decision may be left to the 
school's management.
    When the FAA initially considered this change to the eligibility 
requirements for qualifying for a check instructor position, we 
consulted with several pilot schools and the National Air Transport 
Association. This final rule has reduced the number of student 
enrollments to qualify for the creation of a check instructor position 
to ten students. A minimum of 10 student enrollments will allow for 
check instructor positions to be designated for the medium-sized and 
the smaller pilot schools. Even though check instructors will probably 
conduct most of the phase and final checks, this does not alleviate 
chief and assistant chief instructors from performing their duties and 
responsibilities to ``spot check'' a sampling of their students during 
the phase and final checks. The reason for reducing the eligibility 
requirements for qualifying for a check instructor position from 50 
students down to 10 students was that we wanted to be fair and 
reasonable with the smaller pilot schools. In adopting this change to 
Sec.  141.33(d)(3), we consider this number to be fair and reasonable.

82. This revision of Sec.  141.39(b) provides for the use of foreign 
registered aircraft to be used by part 141 training facilities that are 
located outside of the United States

    This final rule revises Sec.  141.39(b) to allow the use of foreign 
registered aircraft for part 141 training facilities that are located 
outside of the U.S. and conduct training outside of the U.S.
    Under Amendment No. 141-11 (63 FR 53532; October 5, 1998), the FAA 
allowed part 141 schools to establish training facilities outside the 
United

[[Page 42539]]

States. Pilot schools either transport U.S. registered aircraft to 
those foreign countries or are allowed to use foreign-registered 
aircraft in their part 141 pilot schools. Section 141.39 has been 
revised to accommodate those part 141 schools who want to establish 
training facilities outside the United States.
    Under the old Sec.  141.39, the rule was worded in such a way that 
only allowed a pilot school's maintenance and inspection standards to 
be maintained under part 91, subpart E. In this revised Sec.  141.39, 
the rule allows for the use of foreign-registered aircraft and foreign 
maintenance and inspection standards established by a foreign aviation 
authority in pilot schools located outside of the United States when 
the training is conducted outside the United States.

83. This revision deletes Sec.  141.53(c)(1) because the requirement is 
no longer needed

    This final rule deletes the provision under Sec.  141.53(c)(1) that 
a training course submitted for approval prior to August 4, 1997, if 
approved, retains approval until 1 year after August 4, 1997. The 
requirement is no longer needed because all courses under part 141 had 
to receive their re-approval as of August 4, 1998. The provision is now 
obsolete.

84. This revision of Sec.  141.55(e)(2)(ii) clarifies the requirement 
for approval of a training course

    For clarification purposes, this final rule has changed the phrase 
``the practical or knowledge test, or any combination thereof'' under 
Sec.  141.55(e)(2)(ii) to read ``the practical or knowledge test, as 
appropriate.'' When a pilot school requests final approval for a 
knowledge training course, at least 80 percent of their students must 
have passed the knowledge test on the first attempt (knowledge test 
means ``a test on the aeronautical knowledge areas required for an 
airman certificate or rating that can be administered in written form 
or by a computer''). When a pilot school requests final approval for a 
flight training course, at least 80 percent of their students must have 
passed the practical test on the first attempt (practical test means 
``a test on the areas of operations for an airman certificate, rating, 
or authorization that is conducted by having the applicant respond to 
questions and demonstrate maneuvers in flight, in a flight simulator, 
or in a flight training device''). The current language is confusing 
and the testing requirements have been misapplied.

85. This revision of Sec.  141.77(c) clarifies the requirements for 
crediting previous training when transferring to a part 141 pilot 
school

    This final rule clarifies Sec.  141.77(c) relating to crediting 
previous training based on a proficiency test or a knowledge test. 
Under the old Sec.  141.77(c), the regulation provided that for 
students who transfer to a part 141 pilot school, credit for previous 
training must be based on ``a proficiency test or knowledge test, or 
both.'' This language has generated questions about whether it is 
possible to credit previous flight training strictly on the basis of 
knowledge test results. The answer is no. The FAA never intended to 
allow a transfer student to be awarded flight training credit purely on 
the basis of completing a knowledge test. Nor did the FAA intend to 
allow a transfer student to be awarded ground training credit on the 
basis of completing a proficiency test.
    A student who transfers to a part 141 pilot school and requests 
credit for previous flight training must complete a proficiency test 
that is given by the receiving pilot school's chief instructor or 
delegated check instructor. A student who transfers to a part 141 pilot 
school and requests credit for previous ground training must complete a 
knowledge test that is given by the receiving pilot school's chief 
instructor or delegated check instructor.

86. This revision of Sec.  141.85(a)(1) and (d) further clarifies what 
tasks a chief instructor may delegate

    This final rule revises Sec.  141.85(a)(1) and (d) to clarify that 
the chief instructor may delegate the tasks of certification of a 
student's training record, graduation certificate, stage check, end-of-
course test report, and recommendation for course completion to an 
assistant chief instructor or recommending instructor. The reason for 
this revision is to allow pilot schools to make better use of chief 
instructors' time and management responsibilities.

87. This revision of part 141, appendix B, paragraph 2 amends the 
eligibility requirement for enrollment in the flight portion of a 
private pilot certification course

    This final rule revises part 141, appendix B, paragraph 2 to 
require a student to hold at least a recreational or student pilot 
certificate before enrolling in the flight portion of the private pilot 
certification course. This means that a student must complete his or 
her medical licensing before beginning flight training. Many pilot 
schools have voiced support for re-wording the rule to: (1) Affect 
their ability to credit orientation flights towards overall training 
requirements of its students (it is common practice when a person 
inquires about flight training to provide that person a local 
orientation flight); and (2) extend the time for a flight physical for 
students attending a pilot school in a remote area (since it may take a 
week or two to get an appointment).
    Three commenters recommended that, in addition to student and 
recreational pilot certificates, students holding a sport pilot 
certificate should be permitted to enter into the solo phase of the 
program.
    The FAA considered these recommendations in drafting this change to 
part 141, appendix B, paragraph 2, to require a person to hold a 
recreational, sport, or student pilot certificate in order to begin the 
solo phase of the private pilot certification course. This revision to 
part 141, appendix B, paragraph 2, which states, in pertinent part, 
``prior to enrollment in the solo flight phase of the private pilot 
certification course.'' Prior to commencing the solo flight phase of 
his/her training, a student pilot would not be required to hold any 
kind of pilot certificate (e.g., recreational, sport, or student pilot 
certificate) when receiving flight training with a flight instructor 
aboard. Therefore, student pilots will be required to hold a 
recreational, sport, or student pilot certificate only when they begin 
the solo phase of their training course.
    The FAA agrees with the commenters' recommendation and has further 
revised part 141, appendix B, paragraph 2 to include the sport pilot 
certificate.

88. This revision of part 141, appendix B, 4(b)(1)(iii), 4(b)(2)(iii), 
and 4(b)(5)(iii) conforms the instrument training in the other private 
pilot courses to instrument training for private pilot certification 
for the airplane and powered-lift ratings

    This final rule revises part 141, appendix B, 4(b)(1)(iii), 
4(b)(2)(iii), and 4(b)(5)(iii) of the private pilot certification 
courses for the airplane single-engine, airplane multiengine, and 
powered-lift ratings, to mirror the requirements for private pilot 
certification for the single engine airplane, multiengine airplane, or 
powered-lift ratings under existing Sec.  61.109.
    Two commenters opposed the proposed requirement of 3 hours of 
instrument instruction in an aircraft asserting flight simulators, 
flight training devices, and aviation training devices offer equal, if 
not superior value

[[Page 42540]]

in providing instrument training. These commenters add this is 
especially true in the structured, standardized environment of a part 
141 program. One commenter recommended permitting the use of such 
devices for all instrument training toward a private pilot certificate. 
One commenter recommended permitting the use of such devices for up to 
half of the required instrument training. One commenter recommended 
instructors providing instrument instruction in connection with private 
pilot certification be required to hold instrument ratings on their 
instructor certificates. The essence of our change is to further 
clarify the intent of the rule and no substantive changes have been 
made. Therefore, we are adopting the revision as proposed in the NPRM.

89. This revision of part 141, appendix B, paragraph 5(a)(1) conforms 
the solo cross country mileage requirement in a private pilot-airplane 
single engine rating course to the definition of ``cross country''

    This final rule revises the solo cross country distance requirement 
in part 141, appendix B, paragraph 5(a)(1) for the private pilot 
certification-airplane single engine rating course from requiring a 
flight of ``at least 50 nautical miles'' to ``more than 50 nautical 
miles.'' This revision is to conform the distance requirement under 
this provision to the definition of ``cross country'' under Sec.  
61.1(b)(3)(ii).
    Five commenters objected to the change. One commenter asserted no 
compelling safety or other concerns exist to mandate the change. Two 
commenters recommended that rather than changing Sec.  
61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), the FAA change Sec.  
61.1(b)(3)(ii) to read ``at least'' for continuity purposes.'' One 
commenter recommended that, if the definition of cross country flight 
is to be changed to a format of ``more than'' a number of miles, then 
mileages should be reduced by one mile (that is, change the definition 
from at least fifty miles to more than forty-nine miles).
    We have previously responded to these kinds of comments in the 
preamble section of this rulemaking document where we discussed this 
same change to Sec.  61.109(a). The FAA is adopting the revision as 
proposed in the NPRM.

90. This revision of part 141, appendix B, paragraph 5(b)(1) conforms 
the solo cross country mileage requirement in an approved private 
pilot-airplane multiengine rating course to the definition of ``cross 
country''

    This final rule revises the solo cross country distance requirement 
in part 141, appendix B, paragraph 5(b)(1) for the private pilot 
certification-airplane multiengine rating course from requiring a 
flight of ``at least 50 nautical miles'' to ``more than 50 nautical 
miles.'' The purpose of this revision is to conform the distance 
requirement under this provision to the definition of ``cross country'' 
under Sec.  61.1(b)(3)(ii).
    Four commenters objected to the change. Two commenters recommended 
that rather than changing Sec.  61.109(a)(5)(ii), (b)(5)(ii), and 
(e)(5)(ii), the FAA change Sec.  61.1(b)(3)(ii) to read ``at least'' 
for continuity purposes. One commenter recommended that, if the 
definition of cross country flight is to be changed to a format of 
``more than'' a number of miles, then mileages should be reduced by one 
mile (that is, change the definition from at least fifty miles to more 
than forty-nine miles).
    We have previously responded to these kinds of comments in the 
preamble section of this rulemaking document where we discussed this 
same change to Sec.  61.109(b). The FAA is adopting the revision as 
proposed in the NPRM.

91. This revision of part 141, appendix B, paragraph 5(c)(1) conforms 
the solo cross country mileage requirement in an approved private 
pilot-helicopter rating course to ICAO requirements and the definition 
of ``cross country''

    This final rule revises part 141, appendix B, paragraph 5(c)(1), 
changing the solo cross country distance requirement for the private 
pilot certification-helicopter rating course from ``at least 75 
nautical miles total distance'' to ``at least 100 nautical miles total 
distance.'' The revision conforms to the ICAO requirements for the 
cross country distance, as set forth in ICAO Annex I, paragraph 
2.7.1.3.2, which states that the total distance for a cross country 
flight be at least 100 nautical miles. This final rule also revises the 
solo cross country flight requirement in part 141, appendix B, 
paragraph 5(c)(1) for the private pilot certification-helicopter rating 
course from ``at least 25 nautical miles'' to ``more than 25 nautical 
miles.'' The purpose of this revision is also to conform to the 
distance requirement in Sec.  61.1(b)(3)(v).
    Four commenters objected to the change. We previously responded to 
similar comments in the preamble section of this rulemaking document 
where we discussed this same change to Sec.  61.109(c). The FAA is 
adopting the revision as it was proposed in the NPRM.

92. This revision of part 141, appendix B, paragraph 5(d)(1) conforms 
the solo cross country mileage requirement in an approved private 
pilot-gyroplane rating course to the definition of ``cross country''

    This final rule revises part 141, appendix B, paragraph 5(d)(1), 
changing the solo cross country distance requirement for the private 
pilot certification-gyroplane rating course from ``at least 75 nautical 
miles total distance'' to ``at least 100 nautical miles total 
distance.'' The purpose of this revision is to conform to the ICAO 
requirements for cross country distance, as set forth in ICAO Annex I, 
paragraph 2.7.1.3.2, which states that the total distance for a cross 
country flight be at least 100 nautical miles. This final rule revises 
the solo cross country flight requirement in paragraph 5(d)(1) of 
appendix B to part 141 for the private pilot certification-gyroplane 
rating course from ``at least 25 nautical miles'' to ``more than 25 
nautical miles.'' The purpose of this revision is also to conform the 
distance requirement definition of ``cross country'' under Sec.  
61.1(b)(3)(v).
    Three commenters objected to the change. We have previously 
responded to similar comments in the preamble section of the same 
change to Sec.  61.109(d). The FAA is adopting the revision as proposed 
in the NPRM.

93. This revision of part 141, appendix B, paragraph 5(e)(1) conforms 
the solo cross country mileage requirement in an approved private 
pilot-powered-lift rating course to the definition of ``cross country''

    This final rule revises the solo cross country distance requirement 
in part 141, appendix B, paragraph 5(e)(1) for the private pilot 
certification-powered-lift rating course from ``at least 50 nautical 
miles'' to ``more than 50 nautical miles.'' The purpose of this 
revision is to conform the distance requirement under this provision to 
definition of ``cross country'' under Sec.  61.1(b)(3)(ii).
    Two commenters supported the change in the definition of cross 
country flight from ``at least 50 nautical miles'' to ``more than 50 
nautical miles''. We have previously responded to similar comments in 
discussion of changes to Sec.  61.109(e). The FAA is adopting the 
revision as proposed in the NPRM.

[[Page 42541]]

94. This revision of part 141, appendix C, paragraph 4(b)(5) and (6) 
allows instrument training to be performed in an aviation training 
device (ATD)

    This final rule revises part 141, appendix C, paragraph 4(b) by 
adding a paragraph (5). This change will allow 10 percent of the 
instrument training for the instrument rating course to be performed in 
an ATD. Under this revision, the instrument training that will be 
performed in an aviation training device will be given by the holder of 
a ground instructor certificate with an instrument rating or by a 
holder of a flight instructor certificate with an instrument rating 
appropriate to the instrument rating sought. The instrument training 
given in an aviation training device will contribute to the maximum 50 
percent of the instrument training permitted to be performed in a 
flight simulator or a flight training device in accordance with 
existing part 141, appendix C, paragraph 4(c). For an ATD to be used 
for instrument training under paragraph 4(d), it will have to be 
approved by the FAA. The instrument training in an ATD will have to be 
provided by an authorized instructor. For a person to receive the 
maximum 10 percent credit in an ATD, the person could not have logged 
more than 40 percent of the required instrument training course hours 
in a flight simulator or flight training device. A view-limiting device 
(e.g., a hood device or fogged glasses) will have to be worn by the 
applicant when logging instrument training in the aviation training 
device.
    ALPA questioned the value of personal computer aviation training 
devices (PCATDs, also called ATDs) in developing the full skill set 
necessary for instrument competency. American Eurocopter and HAI 
recommended requirements for use of PCATDs include a requirement that 
they be used in areas free of audible distraction, or that headsets be 
used.
    Four commenters opposed the provision limiting the use of PCATDs to 
10% of the required instrument training. One commenter noted use of 
PCATDs can improve the quality of instrument training. One commenter 
stated the value of use of PCATDs is enhanced when they are used in a 
structured part 141 training program. Four commenters stated that, 
under part 61, PCATDs may be used for up to 10 hours of training toward 
an instrument rating, which equates to 25% of the minimum of 40 hours 
of training required under part 61.
    The University of Oklahoma Aviation Department noted that a 10% 
limitation is inconsistent with language in the preamble limiting use 
of PCATDs to 50% of the training in a flight simulator or flight 
training device. The university recommended the FAA refer to 
percentages of instrument training hour requirements, as opposed to 
total flight hour training requirements. This commenter stated the 
reason for this is because the entirety of flight training hours in an 
instrument rating course may not be instrument training hours.
    We are not permitting aviation training devices to be used entirely 
for the required training; only 10 percent of the total hours of 
instrument training in an instrument rating course may be performed in 
an aviation training device. We believe the use of ATD in performing at 
least 10 percent of the total hours of instrument training in an 
instrument rating course has been proven to show positive results and 
has been beneficial in teaching instrument procedures. However, to 
consider further expansion of the use of the aviation training devices, 
we do not have sufficient data at this time to make this change. We 
believe that performing the training in an area free of audible 
distractions makes for a good and professional training environment and 
a rule dictating this fact is not required.
    Previously, we have only allowed ATDs to be used for a maximum of 
10 hours in instrument training. We do allow a maximum combined usage 
between flight simulators and flight training devices, and now aviation 
training devices, to be used for a maximum combined usage of 50 percent 
of the required training time in an instrument rating course.
    In part 141, appendix C, paragraph 4(b)(4), the combined maximum 
usage of flight simulators and flight training devices, and now ATDs, 
is 50 percent toward the total hours of instrument training course. For 
example, if an instrument training course requires thirty hours of 
training, only a total of fifteen hours may be performed in a combined 
usage of a flight simulator, flight training device, and aviation 
training device. A flight simulator may only be used for a maximum of 
fifteen hours (50 percent is the maximum usage for a flight simulator). 
A flight training device may only be used for a maximum of twelve hours 
(40 percent is the maximum usage for a flight training device). An 
aviation training device may only be used for a maximum of three hours 
(10 percent is the maximum usage for an aviation training device). In 
counting the hours of maximum allowed usage, a flight simulator, flight 
training device, and aviation training device (15 hours + 12 hours + 3 
hours) equates to thirty hours. However, the combined usage of the 
flight simulator, flight training device, and aviation training device 
is limited to 50 percent of the total training hours, so only fifteen 
hours of the training may be performed in a flight simulator, flight 
training device, and aviation training device. If the training course 
is authorized to perform three hours in an aviation training device, 
then the remaining twelve hours may be performed in either a flight 
simulator or flight training device or a combination of both.
    The FAA is adopting the revision as proposed in the NPRM.

95. This revision of part 141, appendix D, paragraph 5 allows the solo 
training requirements for the approved commercial pilot certification 
courses to be performed solo or with an instructor on board

    This final rule revises part 141, appendix D, paragraph 5 for a 
commercial pilot certification course to be performed either solo or 
with a flight instructor on board. The purpose of this revision is to 
conform part 141, appendix D, paragraph 5 with revised Sec. Sec.  
61.129(a)(4), (c)(4), (d)(4), and (e)(4) for the single engine 
airplane, helicopter, gyroplane, and powered-lift ratings at the 
commercial pilot certification level.
    Five commenters opposed the provision. Two commenters asserted solo 
flight contributes to the development of essential self-reliance, 
decisionmaking, and command skills. Three commenters stated that under 
the proposed rules, a pilot could progress to advanced certification 
with only ten hours of solo flight early in training. Two commenters 
asserted no safety of flight data supports the proposed provision. One 
commenter recommended a solo flight requirement be retained, but that 
pilots be permitted to obtain solo flight experience toward a 
multiengine airplane rating in a single engine airplane to avoid 
potential conflicts with insurance restrictions.
    We have previously responded to these kinds of comments in the 
preamble section of this rulemaking document where we discussed this 
same change to Sec.  61.129(a)(4), (c)(4), (d)(4), (e)(4), and (g)(2).
    One commenter stated insurance concerns should not restrict solo 
flight by commercial pilot candidates. This commenter stated most 
commercial pilot training is performed in single engine fixed gear 
airplanes and some low performance single engine retractable gear 
airplanes, which are not difficult to insure. Another commenter 
asserted that insurance policy

[[Page 42542]]

restrictions on the use of multiengine airplanes may present 
difficulties for private pilot applicants from flying solo.
    The Greater St. Louis Flight Instructor Association rejected the 
argument that flights with an instructor on board foster cockpit 
resource management (CRM) skills, noting that the purpose of part 61 
training is to prepare pilots to fly to single-pilot standards, not to 
prepare them for a future airline career. The association also argued 
the proposed provision subverts the intent of Sec.  91.3 which defines 
the PIC as directly responsible for, and the final authority on, the 
operation of the aircraft. Finally, the association asserted students 
ostensibly acting as PIC will defer to flight instructors and 
examiners.
    The FAA acknowledges the comments received about this proposal. We 
have previously responded to these kinds of comments in the preamble 
section of this rulemaking document where we discussed this same change 
to Sec.  61.129(a)(4), (c)(4), (d)(4), (e)(4), and (g)(2).

96. This revision of part 141, appendix D, paragraph 4 allows the cross 
country training flights for the approved commercial pilot 
certification courses to be performed under VFR or IFR

    This final rule revises part 141, appendix D, paragraph 4 to allow 
cross country training flights in the commercial pilot certification 
courses to be performed under VFR or IFR. This revision responds 
positively to recommended changes to part 141 from some pilot schools.
    From the time that the cross country training requirements under 
part 141, appendix D, paragraph 4 were promulgated, the FAA has 
received recommendations from several pilot schools and companies that 
prepare training courses to amend the requirements to allow cross 
country flights to be performed under IFR. The basis for their 
recommendation is that most commercial pilot training applicants for 
airplane ratings and some for helicopter ratings are concurrently 
enrolled in an instrument rating course. The FAA agrees that it makes 
sense to allow these cross country training requirements to be 
performed under IFR or VFR. This final rule revises the requirements 
for the daytime cross country training flight (See paragraphs 
(b)(1)(iii), (b)(2)(iii), (b)(3)(ii), (b)(4)(ii), (b)(5)(ii), 
(b)(7)(ii)) to read ``One cross country flight during daytime 
conditions.'' This change will permit the daytime cross country 
training flight to be performed under IFR or VFR.
    Two commenters opposed the proposed provision. The commenters 
stated the visual navigation skills required for VFR cross country 
flight should not be deemphasized. One commenter stated commercial 
pilot-helicopter candidates should be required to perform cross country 
flights under VFR because helicopters typically operate under VFR.
    This final rule provides that the nighttime cross country training 
flight requirements (See paragraphs (b)(1)(iv), (b)(2)(iv), 
(b)(3)(iii), (b)(5)(iii), and (b)(7)(iii)) in the commercial pilot 
certification courses to read ``One cross country flight during 
nighttime conditions.'' This revision will permit the nighttime cross 
country training flight to be performed under IFR or under VFR.
    We have previously responded to these kinds of comments in the 
preamble section of this rulemaking document where we discussed this 
same change to Sec.  61.129(a)(3)(iii) and (iv), (b)(3)(iii) and (iv), 
(c)(3)(iii) and (iv), (d)(2)(ii), (e)(3)(ii) and (iii), and (g)(3)(ii) 
and (iii). The FAA is adopting the revision as it was proposed in the 
NPRM.
    Flights in helicopters are mostly flown VFR; however, some 
helicopters now have modern instruments and navigation equipment 
installed and are able to be flown IFR. The rule does not require the 
flights to be flown IFR or VFR, it leaves it to the discretion of the 
instructor and the student's needs.

97. This revision of part 141, appendix D, paragraph 4(b)(4)(iii) 
deletes the cross country training at nighttime requirement for the 
commercial pilot certification course for the gyroplane rating

    This final rule deletes the cross country training at nighttime 
requirement in part 141, appendix D, paragraph 4(b)(4)(iii) for the 
commercial pilot certification course for the gyroplane rating. The FAA 
determined that nighttime training for the gyroplane rating for the 
commercial pilot certification course will be more useful and more 
safely conducted near an airport, because gyroplanes have very limited 
equipment and systems for nighttime cross country operations.
    Two commenters objected to the elimination of the nighttime cross 
country requirement for a commercial gyroplane certification. The 
commenters asserted if commercial gyrocopter pilots are permitted to 
carry passengers at night, their training should reflect it. The 
commenters also stated that if gyroplanes are not equipped to conduct 
nighttime cross country operations, then the FAA should revisit 
equipment requirements rather than reduce training requirements.
    We have previously responded to this kind of comment in the 
preamble section of this rulemaking document where we discussed this 
same change to Sec.  61.129(d)(3)(iii). The FAA is adopting the 
revision as proposed in the NPRM.

98. This revision of part 141, appendix D, paragraph 4(d)(4)(vi) 
requires ground reference maneuvers as an area of operation for the 
gyroplane rating in the commercial pilot certificate course

    This final rule revises part 141, appendix D, paragraph 4(d)(4)(vi) 
requiring ground reference maneuvers as an area of operation for the 
gyroplane rating in the commercial pilot certificate course. This will 
conform part 141, appendix D, paragraph 4(d)(4)(vi) with revised Sec.  
61.127(b)(4)(vi) requiring flight proficiency in ``ground reference 
maneuvers'' for the gyroplane rating in the commercial pilot 
certificate course. The ground reference maneuvers must include at 
least ``eights around a pylon,'' ``eights along a road,'' ``rectangular 
course,'' ``S-turns,'' and ``turns around a point.''

99. This revision of part 141, appendix D, paragraph 4(b)(1)(ii) allows 
the complex airplane training for the approved commercial pilot 
certification course-airplane single engine rating to be performed in 
either a single or multiengine complex airplane

    This final rule revises the complex airplane training requirement 
for the commercial pilot certification course for the single engine 
airplane rating under part 141, appendix D, paragraph 4(b)(1)(ii). This 
revision is in response to the AOPA's petition for rulemaking of 
February 11, 1999. This final rule will allow the commercial pilot 
certification course for the single engine airplane rating to be 
approved with use of either a complex single engine airplane or a 
complex multiengine airplane. The use of either a complex single engine 
airplane or a complex multiengine airplane to meet the single engine 
airplane training requirements is permitted under existing Sec.  
61.129(a)(3)(ii) for those training organizations that have chosen not 
to be approved under part 141. The FAA has determined that the current 
provision under part 141 may create an unfair financial burden on 
applicants at a part 141 pilot school versus those applicants who 
receive their training other than through a part 141 pilot school.
    Therefore, this final rule deletes the word ``single-engine'' from 
paragraph 4(b)(1)(ii) of part 141, appendix D, so the rule will merely 
read as ``10 hours

[[Page 42543]]

of training in an airplane that has retractable landing gear, flaps, 
and a controllable pitch propeller, or is turbine-powered.''
    Six commenters supported the proposed provisions permitting use of 
a complex multiengine airplane to satisfy the complex airplane 
experience requirement for a commercial single engine airplane rating. 
Two commenters recommended the provision be extended to part 61. Two 
commenters, including LeTourneau University, recommended pilots be 
permitted to train in both multiengine and single engine airplanes, and 
obtain both airplane single engine and airplane multiengine ratings by 
taking one just one practical test in a multiengine airplane.
    Five commenters, including the Joint Commenters, recommended the 
development of alternatives to the complex airplane experience 
requirement. Two commenters recommended the proposed provisions permit 
use of FADEC-equipped airplanes instead of controllable-pitch propeller 
airplanes, as allowed under FAA Notice 8000.331. The Joint Commenters 
recommended eliminating the retractable gear requirement or reinstating 
provisions permitting experience in either a complex or a high-
performance airplane. One commenter recommended the FAA modify 
aeronautical experience and practical test requirements for commercial 
pilot airplane ratings and flight instructor airplane ratings to permit 
use of Technically Advanced Aircraft (TAA) instead of complex 
airplanes. Five commenters recommended that the requirement that 
commercial pilots have complex airplane experience be eliminated. Four 
commenters noted few single engine airplanes produced today fall under 
the definition of complex airplanes, and asserted the requirement 
forces schools to maintain antiquated airplanes simply to meet the 
requirement. Three commenters stated authority to operate complex 
airplanes is adequately addressed by requiring an endorsement. One 
commenter asserted complex airplane experience is unnecessary for 
activities such as clear weather sightseeing flights and flight 
instruction. This commenter recommended an allowance for commercial 
pilot and flight instructor certificates without complex airplane 
experience.
    The FAA acknowledges comments received on this proposal. This 
change already exists in Sec.  61.129(a)(3)(ii) as the complex airplane 
training for the commercial pilot certificate for the single engine 
airplane rating does not specifically require the flight experience to 
be performed in a complex single engine airplane. The flight experience 
may be obtained in either a complex single engine airplane or complex 
multiengine airplane.

100. This revision of part 141, appendix D, paragraphs 4(b)(1)(i), 
(2)(i), (3)(i), (4)(i), (5)(i), and (7)(i) clarifies the instrument 
training for the commercial pilot certification courses for the 
airplane single-engine, airplane multiengine, helicopter, gyroplane, 
powered-lift, and airship ratings

    This final rule revises part 141, appendix D, paragraphs 
4(b)(1)(i), (2)(i), (3)(i), (4)(i), (5)(i), and (7)(i) to clarify that 
the tasks required for ``instrument training'' in the commercial pilot 
certification courses for the airplane single-engine, airplane 
multiengine, rotorcraft helicopter, rotorcraft gyroplane, powered-lift, 
and airship ratings require the use of a view-limiting device (e.g., 
use of a hood device, fogged goggles, etc.). This revision is in 
response to inquiries about what tasks are required to satisfy 
``instrument training'' for commercial pilot certification courses.
    This revision will parallel the revised changes to instrument 
training under Sec.  61.129 for the airplane single-engine, airplane 
multiengine, rotorcraft helicopter, rotorcraft gyroplane, powered-lift, 
and airship ratings at the commercial pilot certification level.
    Three commenters objected to the increase in required instrument 
training from five hours to ten hours, and recommended the requirement 
of five hours be retained. Flight Safety International stated that, 
unlike part 61, part 141 commercial pilot candidates must have an 
instrument rating before completing the commercial pilot course; 
therefore an increase in the amount of instrument training required for 
a commercial pilot certificate is not necessary. Six commenters 
objected to the unqualified requirement that a view-limiting device be 
used for instrument training. The commenters asserted students should 
be permitted to train without a view-limiting device in actual IMC or 
when using a flight simulator, flight training device, or PCATD. Three 
commenters recommended the rule be modified to require training in 
actual IMC or using a view-limiting device.
    There is an increase of instrument training from five hours to ten 
hours; however, five hours of instrument training in the aircraft 
remains at five hours in the aircraft, and the other five hours is 
permitted to be performed in a flight simulator, flight training 
device, or an aviation training device. We did not increase the total 
time of the commercial pilot certification course. We believe that most 
commercial pilot certificate applicants are concurrently enrolled in an 
instrument rating course, and we believe this revision of allowing this 
additional five hours of instrument training in the commercial pilot 
certification course will be beneficial to those applicants 
concurrently enrolled in an instrument rating course.
    We have previously responded to these kinds of comments in the 
preamble section of this rulemaking document where we discussed this 
same change to Sec.  61.57(c). The FAA is adopting the revision as 
proposed in the NPRM.

101. This revision of part 141, appendix E, paragraph 2 requires pilots 
enrolled in an ATP certification course to have met the ATP 
aeronautical experience requirements of part 61, subpart G prior to 
completion of the course

    This final rule revises part 141, appendix E, paragraph 2 to 
establish that a person must first meet the aeronautical experience 
requirements under part 61, subpart G, for an ATP certificate before 
completing the flight portion of an ATP certification course. The 
purpose of this revision is to clarify that a person who completes the 
ATP certification course must also have met the appropriate ATP 
aeronautical experience of part 61, subpart G before applying for the 
ATP certificate.
    The existing language in part 141, appendix E, paragraph 2 has been 
misinterpreted by some to mean that a person could apply for an ATP 
certificate after meeting only part 141, appendix E, paragraph 2.(a), 
(b), (c), or (d) of that part. This is not correct, because an 
applicant for an ATP certificate must also have met the appropriate 
aeronautical experience requirements under part 61, subpart G. The 
introductory language in part 141, appendix E, paragraph 2 clarifies 
that an applicant for an ATP certificate must also have met the 
appropriate aeronautical experience requirements under part 61, subpart 
G prior to completion of the flight portion of the airline transport 
pilot (ATP) certification course.

102. This revision of part 141, appendix I, paragraphs 3 and 4 
clarifies the ground and flight training required for the approved 
additional category and/or class rating course

    This final rule revises paragraphs 3 and 4 of appendix I to part 
141 to clarify the ground and flight training required for the 
additional category and/or class rating course. This revision was

[[Page 42544]]

developed in response to confusion about what is the amount of ground 
and flight training required for an add-on aircraft category and/or 
class rating course.
    The confusion arises because of the language of the former 
paragraphs 3 and 4 of part 141, appendix I which states that training 
must be in areas ``that are specific to that aircraft category and 
class rating and pilot certificate level for which the course 
applies.'' Many believed this language did not clearly state what the 
required ground and flight training amounts and content for ``add-on'' 
category/class courses were. This final rule expands the content of 
paragraphs 3 and 4 of part 141, appendix I for the additional category 
and/or class rating courses to specify the required amount of ground 
and flight training and their content for an add-on aircraft category 
and/or class rating course at the recreational pilot, private pilot, 
commercial pilot, and ATP certification levels. Revised paragraphs 3 
and 4 establish the required amount of ground and flight training and 
their content for just an ``add-on'' class rating (i.e., where the 
applicant already holds a rating in that aircraft category, and the 
course at issue is only for an added class rating within that aircraft 
category) at the various pilot certification levels.
    One commenter generally agreed that reducing overall ground and 
flight time requirements under appendix I is an improvement but opposes 
some of the remaining requirements. Flight Safety International 
asserted the proposed revisions to appendix I do little to improve 
understanding and readability. Three commenters recommended eliminating 
the cross country flight requirements for adding a multiengine rating 
to a private or commercial certificate with a single engine rating, 
stating the skills required to fly cross country in a multiengine 
airplane do not differ significantly from those required to fly cross 
country in a single engine airplane. One commenter asserted any 
differences in these two areas could be adequately addressed in ground 
training.
    Two commenters questioned the need for training in areas such as 
night flight, complex airplanes operations, or flight by reference to 
instruments when adding a multiengine airplane rating to a commercial 
certificate. These commenters stated pilots will already have 
experience in these areas. These commenters also asserted the hours 
required for cross country, instrument, and night flight training would 
be better spent practicing maneuvers or approaches, or multiengine 
specific topics, such as VMC or engine-inoperative 
scenarios. Two commenters asserted the training requirements under part 
141 are unnecessarily burdensome. Four commenters stated pilots have 
greater flexibility when seeking to add a class rating to an existing 
certificate under part 61 than they do under part 141.
    Two commenters objected to the prescription of minimum training 
hour requirements when no such requirements exist under part 61. The 
commenters recommended the minimum training hour requirements under 
part 141 be eliminated or part 141 flight schools be granted discretion 
to deviate from specified requirements, similar to that granted under 
Sec.  61.63(c). Alternatively, the University of Oklahoma Aviation 
Department recommended training at least as extensive and rigorous as 
the part 141 requirements be prescribed under part 61.
    One commenter questioned the amount of training required to add a 
single engine airplane rating to a commercial certificate with a 
multiengine airplane rating. The commenter asserted that training in a 
single engine airplane is less complicated, and therefore transitioning 
from a multiengine airplane to a single engine airplane should require 
less training than transitioning from a single engine airplane to a 
multiengine airplane. The commenter stated that in some areas, such as 
a cross country flight or instrument flight, the flight should be able 
to be completed without the need for additional training. The commenter 
also argued fifteen hours of ground training is excessive for the 
transition from the multiengine airplane rating to the single engine 
airplane rating.
    The FAA acknowledges the comment received on this proposal, and has 
determined that the nature of the comment does not require us to revise 
or withdraw this proposal. The essence of the change is merely to 
further clarify the intent of the rule and no substantive changes have 
been made. Therefore, the FAA is adopting the revision as it was 
proposed in the NPRM.

Regulatory Notices and Analyses

Paperwork Reduction Act

    Information collection requirements associated with this final rule 
have been approved previously by the Office of Management and Budget 
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)) and have been assigned OMB Control Numbers 2120-0009 
and 0021.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. There is one 
revision in this final rule document (See Revision No. 71) where the 
FAA has amended Sec.  61.159(d) and (e) to conform our ATP 
certification requirements to ICAO Standards and Recommended Practices.

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule. We suggest readers seeking 
greater detail read the full regulatory evaluation, a copy of which we 
have placed in the docket for this rulemaking.
    In conducting these analyses, FAA has determined that this final 
rule: (1) Has benefits that justify its costs, (2) is not an 
``economically significant regulatory action'' as defined in section 
3(f) of Executive Order 12866, (3) is ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) will not have a 
significant economic impact on a substantial number of small entities; 
(5) will not create unnecessary

[[Page 42545]]

obstacles to the foreign commerce of the United States; and (6) will 
not impose an unfunded mandate on State, local, or Tribal governments, 
or on the private sector by exceeding the threshold identified above. 
These analyses are summarized below.
    This final rule revises 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.
    For the revisions that we were able to quantify the cost savings, 
we estimate this rule change to generate cost savings of $34.0 million 
($23.8 million, discounted) and costs of $7.0 million ($5.3 million, 
discounted) over the 2009-2018 time period. Therefore, this final rule 
is estimated to generate net cost savings of $26.9 million ($18.5 
million, discounted) over the same ten-year period and is cost-
beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory revisions and to explain 
the rationale for their actions to assure that such revisions are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The cost of the additional training for the night vision goggle 
rules is about $1,800 per pilot ($1,800 [ap] $1,167,138 (undiscounted 
cost of night vision goggle training in year 1) / 650 (estimated 
population that will receive night vision goggle training in year 1)). 
Since the training is optional these small costs will not impose a 
burden on any small entity. Also, this revision could result in annual 
cost savings of about $625 per rotorcraft pilot and a cost savings of 
about $430 per general aviation pilot by allowing the use of alternate 
methods to maintain instrument currency. We do not consider these costs 
or cost-savings to be significant. Therefore, as the FAA Administrator, 
I certify that this rule will not have a significant economic impact on 
a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Legitimate domestic objectives, such as safety, are 
not considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this revised rule and has determined that it will 
have only a domestic impact and therefore no affect on international 
trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(adjusted annually for inflation with the base year 1995) in any one 
year by State, local, and Tribal governments, in the aggregate, or by 
the private sector; such a mandate is deemed to be a ``significant 
regulatory action.'' The level equivalent of $100 million in CY 1995, 
adjusted for inflation to CY 2007 levels by the Consumer Price Index 
for all Urban Consumers (CPI-U) as published by the Bureau of Labor 
Statistics, is $136.1 million. This revised rule does not contain such 
a mandate.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
final rulemaking action will not have a substantial direct effect on 
the States, on the relationship between the national Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and therefore will not have federalism 
implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this revised rulemaking action qualifies for the categorical 
exclusion identified in paragraph 307(k) and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule in accordance with Executive 
Order 13211, Actions Concerning Regulations that Significantly Affect 
Energy Supply, Distribution, or Use (May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the Executive 
Order, because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

Availability of Rulemaking Documents

    (1) You can get an electronic copy of this final rule through 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 of this final rule 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 final rulemaking document.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. If you are a small entity and you have a 
question regarding this document, you may contact your local FAA 
official, or

[[Page 42546]]

the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/
sbre_act/.

List of Subjects

14 CFR Part 61

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

14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico, 
Noise control, Political candidates, Reporting and recordkeeping 
requirements, Yugoslavia.

14 CFR Part 141

    Airmen, Educational facilities, Reporting and recordkeeping 
requirements, Schools.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Chapter I of Title 14, Code of Federal Regulations, as follows:

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

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

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


0
2. Amend Sec.  61.1 by:
0
a. Revising paragraphs (b)(2)(i) and (ii);
0
b. Redesignating existing paragraphs (b)(12) through (16) as paragraphs 
(b)(14) through (18); and
0
c. Adding a new paragraphs (b)(12) and (13) to read as follows:


Sec.  61.1  Applicability and definitions.

* * * * *
    (b) * * *
    (2) * * *
    (i) A person who holds a ground instructor certificate issued under 
part 61 of this chapter and is in compliance with Sec.  61.217, when 
conducting ground training in accordance with the privileges and 
limitations of his or her ground instructor certificate;
    (ii) A person who holds a flight instructor certificate issued 
under part 61 of this chapter and is in compliance with Sec.  61.197, 
when conducting ground training or flight training in accordance with 
the privileges and limitations of his or her flight instructor 
certificate; or
* * * * *
    (12) Night vision goggles means an appliance worn by a pilot that 
enhances the pilot's ability to maintain visual surface reference at 
night.
    (13) Night vision goggle operation means the portion of a flight 
that occurs during the time period from 1 hour after sunset to 1 hour 
before sunrise where the pilot maintains visual surface reference using 
night vision goggles in an aircraft that is approved for such an 
operation.
* * * * *

0
3. Add a new Sec.  61.2 to read as follows:


Sec.  61.2.  Exercise of Privilege

    (a) Validity. No person may:
    (1) Exercise privileges of a certificate, rating, endorsement, or 
authorization issued under this part if the certificate, rating or 
authorization is surrendered, suspended, revoked or expired.
    (2) Exercise privileges of a flight instructor certificate if that 
flight instructor certificate is surrendered, suspended, revoked or 
expired.
    (3) Exercise privileges of a foreign pilot certificate to operate 
an aircraft of foreign registry under Sec.  61.3(b) if the certificate 
is surrendered, suspended, revoked or expired.
    (4) Exercise privileges of a pilot certificate issued under Sec.  
61.75, or an authorization issued under Sec.  61.77, if the foreign 
pilot certificate relied upon for the issuance of the U.S. pilot 
certificate or authorization is surrendered, suspended, revoked or 
expired.
    (5) Exercise privileges of a medical certificate issued under part 
67 to meet any requirements of part 61 if the medical certificate is 
surrendered, suspended, revoked or expired according to the duration 
standards set forth in Sec.  61.23(d).
    (6) Use an official government issued driver's license to meet any 
requirements of part 61 related to holding that driver's license, if 
the driver's license is surrendered, suspended, revoked or expired.
    (b) Currency. No person may:
    (1) Exercise privileges of an airman certificate, rating, 
endorsement, or authorization issued under this part unless that person 
meets the appropriate airman and medical recency requirements of this 
part, specific to the operation or activity.
    (2) Exercise privileges of a foreign pilot license within the 
United States to conduct an operation described in Sec.  61.3(b), 
unless that person meets the appropriate airman and medical recency 
requirements of the country that issued the license, specific to the 
operation.


0
4. Amend Sec.  61.3 by revising paragraphs (a) introductory text, 
(a)(1), (a)(2)(i), (b) introductory text, (b)(1), (c)(1), (c)(2)(ii), 
(c)(2)(iii), (c)(2)(v) introductory text, (c)(2)(xi), (c)(2)(xii), 
(f)(1)(i), (f)(2)(i), (f)(2)(ii), (g)(1)(i), (g)(2)(i), and (g)(2)(ii) 
to read as follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

    (a) Pilot certificate. No person may serve as a required pilot 
flight crewmember of a civil aircraft of the United States, unless that 
person--
    (1) Has a pilot certificate or special purpose pilot authorization 
issued under this part in that person's physical possession or readily 
accessible in the aircraft when exercising the privileges of that pilot 
certificate or authorization. However, when the aircraft is operated 
within a foreign country, a pilot license issued by that country may be 
used; and
    (2) * * *
    (i) Driver's license issued by a State, the District of Columbia, 
or territory or possession of the United States;
* * * * *
    (b) Required pilot certificate for operating a foreign-registered 
aircraft. No person may serve as a required pilot flight crewmember of 
a civil aircraft of foreign registry within the United States, unless 
that person's pilot certificate--
    (1) Is in that person's physical possession, or readily accessible 
in the aircraft when exercising the privileges of that pilot 
certificate; and
* * * * *
    (c) * * *
    (1) A person may serve as a required pilot flight crewmember of an 
aircraft only if that person holds the appropriate medical certificate 
issued under part 67 of this chapter, or other documentation acceptable 
to the FAA, that is in that person's physical possession or readily 
accessible in the aircraft. Paragraph (c)(2) of this section provides 
certain exceptions to the requirement to hold a medical certificate.
    (2) * * *
    (ii) Is exercising the privileges of a student pilot certificate 
while seeking a sport pilot certificate with other than glider or 
balloon privileges and holds a U.S. driver's license;
    (iii) Is exercising the privileges of a student pilot certificate 
while seeking a pilot certificate with a weight-shift-control aircraft 
category rating or a powered parachute category rating and holds a U.S. 
driver's license;
* * * * *

[[Page 42547]]

    (v) Is exercising the privileges of a sport pilot certificate with 
other than glider or balloon privileges and holds a U.S. driver's 
license. A person who has applied for or held a medical certificate may 
exercise the privileges of a sport pilot certificate using a U.S. 
driver's license only if that person--
* * * * *
    (xi) Is operating an aircraft with a U.S. pilot certificate, issued 
on the basis of a foreign pilot license, issued under Sec.  61.75, and 
holds a medical certificate issued by the foreign country that issued 
the foreign pilot license, which is in that person's physical 
possession or readily accessible in the aircraft when exercising the 
privileges of that airman certificate.
    (xii) Is a pilot of the U.S. Armed Forces, has an up-to-date U.S. 
military medical examination, and holds military pilot flight status.
* * * * *
    (f) * * *
    (1) * * *
    (i) Holds a Category II pilot authorization for that category or 
class of aircraft, and the type of aircraft, if applicable; or
* * * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings for 
that aircraft and an instrument rating for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or
* * * * *
    (g) * * *
    (1) * * *
    (i) Holds a Category III pilot authorization for that category or 
class of aircraft, and the type of aircraft, if applicable; or
* * * * *
    (2) * * *
    (i) Holds a pilot certificate with category and class ratings for 
that aircraft and an instrument rating for that category aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or
* * * * *

0
5. Revise Sec.  61.11 to read as follows:


Sec.  61.11  Expired pilot certificates and re-issuance.

    (a) No person who holds an expired pilot certificate or rating may 
act as pilot in command or as a required pilot flight crewmember of an 
aircraft of the same category or class that is listed on that expired 
pilot certificate or rating.
    (b) The following pilot certificates and ratings have expired and 
will not be reissued:
    (1) An airline transport pilot certificate issued before May 1, 
1949, or an airline transport pilot certificate that contains a 
horsepower limitation.
    (2) A private or commercial pilot certificate issued before July 1, 
1945.
    (3) A pilot certificate with a lighter-than-air or free-balloon 
rating issued before July 1, 1945.
    (c) An airline transport pilot certificate that was issued after 
April 30, 1949, and that bears an expiration date but does not contain 
a horsepower limitation, may have that airline transport pilot 
certificate re-issued without an expiration date.
    (d) A private or commercial pilot certificate that was issued after 
June 30, 1945, and that bears an expiration date, may have that pilot 
certificate reissued without an expiration date.
    (e) A pilot certificate with a lighter-than-air or free-balloon 
rating that was issued after June 30, 1945, and that bears an 
expiration date, may have that pilot certificate reissued without an 
expiration date.

0
6. Amend Sec.  61.19 by revising paragraphs (b), (d), and (e); removing 
paragraph (f); re-designating (g) as paragraph (f); revising newly re-
designated paragraph (f); and re-designating paragraph (h) as (g) to 
read as follows:


Sec.  61.19  Duration of pilot and instructor certificates.

* * * * *
    (b) Student pilot certificate.
    (1) For student pilots who have not reached their 40th birthday, 
the student pilot certificate does not expire until 60 calendar months 
after the month of the date of examination shown on the medical 
certificate.
    (2) For student pilots who have reached their 40th birthday, the 
student pilot certificate does not expire until 24 calendar months 
after the month of the date of examination shown on the medical 
certificate.
    (3) For student pilots seeking a glider or balloon rating only, the 
student pilot certificate does not expire until 60 calendar months 
after the month of the date issued, regardless of the person's age.
* * * * *
    (d) Flight instructor certificate. Except as specified in Sec.  
61.197(b), a flight instructor certificate expires 24 calendar months 
from the month in which it was issued, renewed, or reinstated, as 
appropriate.
    (e) Ground instructor certificate. A ground instructor certificate 
is issued without a specific expiration date.
    (f) Return of certificates. The holder of any airman certificate 
that is issued under this part, and that has been suspended or revoked, 
must return that certificate to the FAA when requested to do so by the 
Administrator.
* * * * *
0
7. Amend Sec.  61.23 by:
0
a. Revising paragraph (a)(3)(iv);
0
b. Redesignating paragraph (a)(3)(v) as (a)(3)(vi);
0
c. Adding new paragraphs (a)(3)(v) and (vii);
0
d. Revising newly re-designated paragraph (a)(3)(vi);
0
e. Revising paragraph (b) introductory text and paragraphs (b)(3), 
(b)(7), and (b)(8);
0
f. Adding a new paragraph (b)(9); and
0
g. Revising paragraph (c)(1) introductory text and (c)(2) introductory 
text.
    The revisions and additions read as follows:


Sec.  61.23  Medical certificates: Requirement and duration.

    (a) * * *
    (3) * * *
    (iv) When exercising the privileges of a flight instructor 
certificate and acting as the pilot in command;
    (v) When exercising the privileges of a flight instructor 
certificate and serving as a required pilot flight crewmember;
    (vi) When taking a practical test in an aircraft for a recreational 
pilot, private pilot, commercial pilot, or airline transport pilot 
certificate, or for a flight instructor certificate; or
    (vii) When performing the duties as an Examiner in an aircraft when 
administering a practical test or proficiency check for an airman 
certificate, rating, or authorization.
    (b) Operations not requiring a medical certificate. A person is not 
required to hold a medical certificate--
* * * * *
    (3) When exercising the privileges of a pilot certificate with a 
glider category rating or balloon class rating in a glider or a 
balloon, as appropriate;
* * * * *
    (7) When serving as an Examiner or check airman and administering a 
practical test or proficiency check for an airman certificate, rating, 
or authorization conducted in a glider, balloon, flight simulator, or 
flight training device;
    (8) When taking a practical test or a proficiency check for a 
certificate, rating, authorization or operating privilege conducted in 
a glider, balloon, flight simulator, or flight training device; or
    (9) When a military pilot of the U.S. Armed Forces can show 
evidence of an up-to-date medical examination

[[Page 42548]]

authorizing pilot flight status issued by the U.S. Armed Forces and--
    (i) The flight does not require higher than a third-class medical 
certificate; and
    (ii) The flight conducted is a domestic flight operation within 
U.S. airspace.
    (c) * * *
    (1) A person must hold and possess either a medical certificate 
issued under part 67 of this chapter or a U.S. driver's license when 
exercising the privileges of--
* * * * *
    (2) A person using a U.S. driver's license to meet the requirements 
of this paragraph must--
* * * * *

0
8. Amend Sec.  61.25 by revising paragraph (a)(1) to read as follows:


Sec.  61.25  Change of name.

    (a) * * *
    (1) Airman certificate; and
* * * * *

0
9. Amend Sec.  61.29 by:
0
a. Removing paragraph (d)(3);
0
b. Redesignating existing paragraphs (d)(4) and (5) as paragraphs 
(d)(3) and (4); and
0
c. Revising newly re-designated paragraphs (d)(3) and (4) to read as 
follows:


Sec.  61.29  Replacement of a lost or destroyed airman or medical 
certificate or knowledge test report.

* * * * *
    (d) * * *
    (3) The certificate holder's date and place of birth; and
    (4) Any information regarding the--
    (i) Grade, number, and date of issuance of the airman certificate 
and ratings, if appropriate;
    (ii) Class of medical certificate, the place and date of the 
medical exam, name of the Airman Medical Examiner (AME), and the 
circumstances concerning the loss of the original medical certificate, 
as appropriate; and
    (iii) Date the knowledge test was taken, if appropriate.
* * * * *

0
10. Amend Sec.  61.31 by:
0
a. Revising paragraph (d)(1);
0
b. Removing paragraph (d)(2);
0
c. Redesignating paragraph (d)(3) as (d)(2) and revising newly re-
designating (d)(2);
0
d. Redesignating existing paragraph (k) as (l); and
0
e. Adding new paragraph (k).
    The revisions and addition read as follows:


Sec.  61.31  Type rating requirements, additional training, and 
authorization requirements.

* * * * *
    (d) * * *
    (1) Hold the appropriate category, class, and type rating (if a 
class or type rating is required) for the aircraft to be flown; or
    (2) Have received training required by this part that is 
appropriate to the pilot certification level, aircraft category, class, 
and type rating (if a class or type rating is required) for the 
aircraft to be flown, and have received an endorsement for solo flight 
in that aircraft from an authorized instructor.
* * * * *
    (k) Additional training required for night vision goggle 
operations. (1) Except as provided under paragraph (k)(3) of this 
section, a person may act as pilot in command of an aircraft using 
night vision goggles only if that person receives and logs ground 
training from an authorized instructor and obtains a logbook or 
training record endorsement from an authorized instructor who certifies 
the person completed the ground training. The ground training must 
include the following subjects:
    (i) Applicable portions of this chapter that relate to night vision 
goggle limitations and flight operations;
    (ii) Aeromedical factors related to the use of night vision 
goggles, including how to protect night vision, how the eyes adapt to 
night, self-imposed stresses that affect night vision, effects of 
lighting on night vision, cues used to estimate distance and depth 
perception at night, and visual illusions;
    (iii) Normal, abnormal, and emergency operations of night vision 
goggle equipment;
    (iv) Night vision goggle performance and scene interpretation; and
    (v) Night vision goggle operation flight planning, including night 
terrain interpretation and factors affecting terrain interpretation.
    (2) Except as provided under paragraph (k)(3) of this section, a 
person may act as pilot in command of an aircraft using night vision 
goggles only if that person receives and logs flight training from an 
authorized instructor and obtains a logbook or training record 
endorsement from an authorized instructor who found the person 
proficient in the use of night vision goggles. The flight training must 
include the following tasks:
    (i) Preflight and use of internal and external aircraft lighting 
systems for night vision goggle operations;
    (ii) Preflight preparation of night vision goggles for night vision 
goggle operations;
    (iii) Proper piloting techniques when using night vision goggles 
during the takeoff, climb, enroute, descent, and landing phases of 
flight; and
    (iv) Normal, abnormal, and emergency flight operations using night 
vision goggles.
    (3) The requirements under paragraphs (k)(1) and (2) of this 
section do not apply if a person can document satisfactory completion 
of any of the following pilot proficiency checks using night vision 
goggles in an aircraft:
    (i) A pilot proficiency check on night vision goggle operations 
conducted by the U.S. Armed Forces.
    (ii) A pilot proficiency check on night vision goggle operations 
under part 135 of this chapter conducted by an Examiner or Check 
Airman.
    (iii) A pilot proficiency check on night vision goggle operations 
conducted by a night vision goggle manufacturer or authorized 
instructor, when the pilot--
    (A) Is employed by a Federal, State, county, or municipal law 
enforcement agency; and
    (B) Has logged at least 20 hours as pilot in command in night 
vision goggle operations.
* * * * *

0
11. Amend Sec.  61.35 by revising paragraph (a)(2)(iv) to read as 
follows:


Sec.  61.35  Knowledge test: Prerequisites and passing grades.

    (a) * * *
    (2) * * *
    (iv) If the permanent mailing is a post office box number, then the 
applicant must provide a current residential address.
* * * * *

0
12. Amend Sec.  61.39 by revising paragraphs (a)(4), (a)(6)(i), (b)(2), 
(c)(1), (c)(2), (d), and (e) to read as follows:


Sec.  61.39  Prerequisites for practical tests.

    (a) * * *
    (4) Hold at least a third-class medical certificate, if a medical 
certificate is required;
* * * * *
    (6) * * *
    (i) Has received and logged training time within 2 calendar months 
preceding the month of application in preparation for the practical 
test;
* * * * *
    (b) * * *
    (2) Is employed by the U.S. Armed Forces as a flight crewmember in 
U.S. military air transport operations at the time of the practical 
test and has completed the pilot in command aircraft qualification 
training program that is appropriate to the pilot certificate and 
rating sought.
    (c) * * *
    (1) Holds a foreign pilot license issued by a contracting State to 
the Convention

[[Page 42549]]

on International Civil Aviation that authorizes at least the privileges 
of the pilot certificate sought;
    (2) Is only applying for a type rating; or
* * * * *
    (d) If all increments of the practical test for a certificate or 
rating are not completed on the same date, then all the remaining 
increments of the test must be completed within 2 calendar months after 
the month the applicant began the test.
    (e) If all increments of the practical test for a certificate or 
rating are not completed within 2 calendar months after the month the 
applicant began the test, the applicant must retake the entire 
practical test.

0
13. Amend Sec.  61.43 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  61.43  Practical tests: General procedures.

    (a) Completion of the practical test for a certificate or rating 
consists of--
    (1) Performing the tasks specified in the areas of operation for 
the airman certificate or rating sought within the approved practical 
test standards;
    (2) Demonstrating mastery of the aircraft by performing each task 
successfully;
    (3) Demonstrating proficiency and competency within the approved 
standards; and
    (4) Demonstrating sound judgment.
    (b) The pilot flight crew complement required during the practical 
test is based on one of the following requirements that applies to the 
aircraft being used on the practical test:
    (1) If the aircraft's FAA-approved flight manual requires the pilot 
flight crew complement be a single pilot, then the applicant must 
demonstrate single pilot proficiency on the practical test.
    (2) If the aircraft's type certification data sheet requires the 
pilot flight crew complement be a single pilot, then the applicant must 
demonstrate single pilot proficiency on the practical test.
    (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 demonstrate single pilot 
proficiency or have a copilot on the practical test. 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. The limitation may be removed if the applicant passes the 
practical test by demonstrating single-pilot proficiency in the 
aircraft in which single-pilot privileges are sought.
* * * * *

0
14. Amend Sec.  61.45 by revising paragraphs (a)(1)(ii), (a)(2)(i), 
(a)(2)(iii), and (c) to read as follows:


Sec.  61.45  Practical tests: Required aircraft and equipment.

    (a) * * *
    (1) * * *
    (ii) Has a standard airworthiness certificate or special 
airworthiness certificate in the limited, primary, or light-sport 
category.
    (2) * * *
    (i) An aircraft that has an airworthiness certificate other than a 
standard airworthiness certificate or special airworthiness certificate 
in the limited, primary, or light-sport category, but that otherwise 
meets the requirements of paragraph (a)(1) of this section;
* * * * *
    (iii) A military aircraft of the same category, class, and type, if 
aircraft class and type are appropriate, for which the applicant is 
applying for a certificate or rating, and provided--
    (A) The aircraft is under the direct operational control of the 
U.S. Armed Forces;
    (B) The aircraft is airworthy under the maintenance standards of 
the U.S. Armed Forces; and
    (C) The applicant has a letter from his or her commanding officer 
authorizing the use of the aircraft for the practical test.
* * * * *
    (c) Required controls. Except for lighter-than-air aircraft, and a 
glider without an engine, an 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, unless the 
Examiner determines that the practical test can be conducted safely in 
the aircraft without the controls easily reached by the Examiner.
* * * * *

0
15. Amend Sec.  61.51 by:
0
a. Adding new paragraph (b)(3)(iv);
0
b. Revising paragraphs (b)(1)(iv), (b)(2)(v), (b)(3)(iii), (e)(1), 
(e)(2), (e)(3), (e)(4)(ii), the heading of paragraph (g), and paragraph 
(g)(4); and
0
c. Adding new paragraphs (j) and (k).
    The revisions and additions read as follows:


Sec.  61.51  Pilot logbooks.

* * * * *
    (b) * * *
    (1) * * *
    (iv) Type and identification of aircraft, flight simulator, flight 
training device, or aviation training device, as appropriate.
* * * * *
    (2) * * *
    (v) Training received in a flight simulator, flight training 
device, or aviation training device from an authorized instructor.
    (3) * * *
    (iii) Simulated instrument conditions in flight, a flight 
simulator, flight training device, or aviation training device.
    (iv) Use of night vision goggles in an aircraft in flight, in a 
flight simulator, or in a flight training device.
* * * * *
    (e) * * *
    (1) A sport, recreational, private, commercial, or airline 
transport pilot may log pilot in command flight time for flights-
    (i) When the pilot is the sole manipulator of the controls of an 
aircraft for which the pilot is rated, or has sport pilot privileges 
for that category and class of aircraft, if the aircraft class rating 
is appropriate;
    (ii) When the pilot is the sole occupant in the aircraft;
    (iii) When the pilot, except for a holder of a sport or 
recreational pilot certificate, acts as pilot in command of an aircraft 
for which more than one pilot is required under the type certification 
of the aircraft or the regulations under which the flight is conducted; 
or
    (iv) When the pilot performs the duties of pilot in command while 
under the supervision of a qualified pilot in command provided--
    (A) The pilot performing the duties of pilot in command holds a 
commercial or airline transport pilot certificate and aircraft rating 
that is appropriate to the category and class of aircraft being flown, 
if a class rating is appropriate;
    (B) The pilot performing the duties of pilot in command is 
undergoing an approved pilot in command training program that includes 
ground and flight training on the following areas of operation--
    (1) Preflight preparation;
    (2) Preflight procedures;
    (3) Takeoff and departure;
    (4) In-flight maneuvers;
    (5) Instrument procedures;
    (6) Landings and approaches to landings;
    (7) Normal and abnormal procedures;
    (8) Emergency procedures; and
    (9) Postflight procedures;
    (C) The supervising pilot in command holds--
    (1) A commercial pilot certificate and flight instructor 
certificate, and aircraft

[[Page 42550]]

rating that is appropriate to the category, class, and type of aircraft 
being flown, if a class or type rating is required; or
    (2) An 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; and
    (D) The supervising pilot in command logs the pilot in command 
training in the pilot's logbook, certifies the pilot in command 
training in the pilot's logbook and attests to that certification with 
his or her signature, and flight instructor certificate number.
    (2) If rated to act as pilot in command of the aircraft, an airline 
transport pilot may log all flight time while acting as pilot in 
command of an operation requiring an airline transport pilot 
certificate.
    (3) A certificated flight instructor may log pilot in command 
flight time for all flight time while serving as the authorized 
instructor in an operation if the instructor is rated to act as pilot 
in command of that aircraft.
    (4) * * *
    (ii) Has a solo flight endorsement as required under Sec.  61.87 of 
this part; and
* * * * *
    (g) Logging instrument time. * * *
* * * * *
    (4) A person can use time in a flight simulator, flight training 
device, or aviation training device for acquiring instrument 
aeronautical experience for a pilot certificate, rating, or instrument 
recency experience, provided an authorized instructor is present to 
observe that time and signs the person's logbook or training record to 
verify the time and the content of the training session.
* * * * *
    (j) Aircraft requirements for logging flight time. For a person to 
log flight time, the time must be acquired in an aircraft that is 
identified as an aircraft under Sec.  61.5(b), and is--
    (1) An aircraft of U.S. registry with either a standard or special 
airworthiness certificate;
    (2) An aircraft of foreign registry with an airworthiness 
certificate that is approved by the aviation authority of a foreign 
country that is a Member State to the Convention on International Civil 
Aviation Organization;
    (3) A military aircraft under the direct operational control of the 
U.S. Armed Forces; or
    (4) A public aircraft under the direct operational control of a 
Federal, State, county, or municipal law enforcement agency, if the 
flight time was acquired by the pilot while engaged on an official law 
enforcement flight for a Federal, State, County, or Municipal law 
enforcement agency.
    (k) Logging night vision goggle time. (1) A person may log night 
vision goggle time only for the time the person uses night vision 
goggles as the primary visual reference of the surface and operates:
    (i) An aircraft during a night vision goggle operation; or
    (ii) 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.
    (2) An authorized instructor may log night vision goggle time when 
that person conducts training using night vision goggles as the primary 
visual reference of the surface and operates:
    (i) An aircraft during a night goggle operation; or
    (ii) 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.
    (3) To log night vision goggle time to meet the recent night vision 
goggle experience requirements under Sec.  61.57(f), a person must log 
the information required under Sec.  61.51(b).

0
16. Amend Sec.  61.53 by revising paragraphs (a) introductory text, 
(c)(1), and (c)(2) to read as follows:


Sec.  61.53  Prohibition on operations during medical deficiency.

    (a) Operations that require a medical certificate. Except as 
provided for in paragraph (b) of this section, no person who holds a 
medical certificate issued under part 67 of this chapter may act as 
pilot in command, or in any other capacity as a required pilot flight 
crewmember, while that person:
* * * * *
    (c) * * *
    (1) Paragraph (a) of this section if that person holds a medical 
certificate issued under part 67 of this chapter and does not hold a 
U.S. driver's license.
    (2) Paragraph (b) of this section if that person holds a U.S. 
driver's license.
* * * * *

0
17. Amend Sec.  61.55 by revising paragraph (a)(1) to read as follows:


Sec.  61.55  Second in command qualifications.

    (a) * * *
    (1) At least a private pilot certificate with the appropriate 
category and class rating; and
* * * * *
0
18. Amend Sec.  61.56 by revising paragraph (f) to read as follows:


Sec.  61.56  Flight review.

* * * * *
    (f) A person who holds a flight instructor certificate and who has, 
within the period specified in paragraph (c) of this section, 
satisfactorily completed a renewal of a flight instructor certificate 
under the provisions in Sec.  61.197 need not accomplish the one hour 
of ground training specified in paragraph (a) of this section.
* * * * *

0
19. Amend Sec.  61.57 by revising paragraphs (c) and (d); and adding 
new paragraphs (f) and (g) to read as follows:


Sec.  61.57  Recent flight experience: Pilot in command.

* * * * *
    (c) Instrument experience. Except as provided in paragraph (e) of 
this section, a person may act as pilot in command under IFR or weather 
conditions less than the minimums prescribed for VFR only if:
    (1) Use of an airplane, powered-lift, helicopter, or airship for 
maintaining instrument experience. Within the 6 calendar months 
preceding the month of the flight, that person performed and logged at 
least the following tasks and iterations in an airplane, powered-lift, 
helicopter, or airship, as appropriate, for the instrument rating 
privileges to be maintained in actual weather conditions, or under 
simulated conditions using a view-limiting device that involves having 
performed the following--
    (i) Six instrument approaches.
    (ii) Holding procedures and tasks.
    (iii) Intercepting and tracking courses through the use of 
navigational electronic systems.
    (2) Use of a flight simulator or flight training device for 
maintaining instrument experience. Within the 6 calendar months 
preceding the month of the flight, that person performed and logged at 
least the following tasks and iterations in a flight simulator or 
flight training device, provided the flight simulator or flight 
training device represents the category of aircraft for the instrument 
rating privileges to be maintained and involves having performed the 
following--
    (i) Six instrument approaches.
    (ii) Holding procedures and tasks.
    (iii) Intercepting and tracking courses through the use of 
navigational electronic systems.
    (3) Use of an aviation training device for maintaining instrument 
experience. Within the 2 calendar months preceding the month of the 
flight, that person performed and logged at least the following tasks, 
iterations, and time in an aviation training device and has performed 
the following--

[[Page 42551]]

    (i) Three hours of instrument experience.
    (ii) Holding procedures and tasks.
    (iii) Six instrument approaches.
    (iv) Two unusual attitude recoveries while in a descending, 
Vne airspeed condition and two unusual attitude recoveries 
while in an ascending, stall speed condition.
    (v) Interception and tracking courses through the use of 
navigational electronic systems.
    (4) Combination of completing instrument experience in an aircraft 
and a flight simulator, flight training device, and aviation training 
device. A person who elects to complete the instrument experience with 
a combination of an aircraft, flight simulator or flight training 
device, and aviation training device must have performed and logged the 
following within the 6 calendar months preceding the month of the 
flight--
    (i) Instrument experience in an airplane, powered-lift, helicopter, 
or airship, as appropriate, for the instrument rating privileges to be 
maintained, performed in actual weather conditions, or under simulated 
weather conditions while using a view-limiting device, on the following 
instrument currency tasks:
    (A) Instrument approaches.
    (B) Holding procedures and tasks.
    (C) Interception and tracking courses through the use of 
navigational electronic systems.
    (ii) Instrument experience in a flight simulator or flight training 
device that represents the category of aircraft for the instrument 
rating privileges to be maintained and involves performing at least the 
following tasks--
    (A) Instrument approaches.
    (B) Holding procedures and tasks.
    (C) Interception and tracking courses through the use of 
navigational electronic systems.
    (iii) Instrument experience in an aviation training device that 
represents the category of aircraft for the instrument rating 
privileges to be maintained and involves performing at least the 
following tasks--
    (A) Six instrument approaches.
    (B) Holding procedures and tasks.
    (C) Interception and tracking courses through the use of 
navigational electronic systems.
    (5) Combination of completing instrument experience in a flight 
simulator or flight training device, and an aviation training device. A 
person who elects to complete the instrument experience with a 
combination of a flight simulator, flight training device, and aviation 
training device must have performed the following within the 6 calendar 
months preceding the month of the flight--
    (i) Instrument recency experience in a flight simulator or flight 
training device that represents the category of aircraft for the 
instrument rating privileges to be maintained and involves having 
performed the following tasks:
    (A) Six instrument approaches.
    (B) Holding procedures and tasks.
    (C) Interception and tracking courses through the use of 
navigational electronic systems.
    (ii) Three hours of instrument experience in an aviation training 
device that represents the category of aircraft for the instrument 
rating privileges to be maintained and involves performing at least the 
following tasks--
    (A) Six instrument approaches.
    (B) Holding procedures and tasks.
    (C) Interception and tracking courses through the use of 
navigational electronic systems.
    (D) Two unusual attitude recoveries while in a descending, 
Vne airspeed condition and two unusual attitude recoveries 
while in an ascending, stall speed condition.
    (6) Maintaining instrument recent experience in a glider.
    (i) Within the 6 calendar months preceding the month of the flight, 
that person must have performed and logged at least the following 
instrument currency tasks, iterations, and flight time, and the 
instrument currency must have been performed in actual weather 
conditions or under simulated weather conditions--
    (A) One hour of instrument flight time in a glider or in a single 
engine airplane using a view-limiting device while performing 
interception and tracking courses through the use of navigation 
electronic systems.
    (B) Two hours of instrument flight time in a glider or a single 
engine airplane with the use of a view-limiting device while performing 
straight glides, turns to specific headings, steep turns, flight at 
various airspeeds, navigation, and slow flight and stalls.
    (ii) Before a pilot is allowed to carry a passenger in a glider 
under IFR or in weather conditions less than the minimums prescribed 
for VFR, that pilot must--
    (A) Have logged and performed 2 hours of instrument flight time in 
a glider within the 6 calendar months preceding the month of the 
flight.
    (B) Use a view-limiting-device while practicing performance 
maneuvers, performance airspeeds, navigation, slow flight, and stalls.
    (d) Instrument proficiency check. Except as provided in paragraph 
(e) of this section, a person who does not meet the instrument 
experience requirements of paragraph (c) of this section within the 12 
calendar months preceding the month of the flight may not serve as 
pilot in command under IFR or in weather conditions less than the 
minimums prescribed for VFR until having passed an instrument 
proficiency check that consists of the areas of operation and 
instrument tasks required in the instrument rating practical test 
standards.
* * * * *
    (f) Night vision goggle operating experience. (1) A person may act 
as pilot in command in a night vision goggle operation with passengers 
on board only if, within 2 calendar months preceding the month of the 
flight, that person performs and logs the following tasks as the sole 
manipulator of the controls on a flight during a night vision goggle 
operation--
    (i) Three takeoffs and three landings, with each takeoff and 
landing including a climbout, cruise, descent, and approach phase of 
flight (only required if the pilot wants to use night vision goggles 
during the takeoff and landing phases of the flight).
    (ii) Three hovering tasks (only required if the pilot wants to use 
night vision goggles when operating helicopters or powered-lifts during 
the hovering phase of flight).
    (iii) Three area departure and area arrival tasks.
    (iv) Three tasks of transitioning from aided night flight (aided 
night flight means that the pilot uses night vision goggles to maintain 
visual surface reference) to unaided night flight (unaided night flight 
means that the pilot does not use night vision goggles) and back to 
aided night flight.
    (v) Three night vision goggle operations, or when operating 
helicopters or powered-lifts, six night vision goggle operations.
    (2) A person may act as pilot in command using night vision goggles 
only if, within the 4 calendar months preceding the month of the 
flight, that person performs and logs the tasks listed in paragraph 
(f)(1)(i) through (v) of this section as the sole manipulator of the 
controls during a night vision goggle operation.
    (g) Night vision goggle proficiency check. A person must either 
meet the night vision goggle experience requirements of paragraphs 
(f)(1) or (f)(2) of this section or pass a night vision goggle 
proficiency check to act as pilot in command using night vision 
goggles. The proficiency check must be performed in the category of 
aircraft that is appropriate to the night vision goggle

[[Page 42552]]

operation for which the person is seeking the night vision goggle 
privilege or in a flight simulator or flight training device that is 
representative of that category of aircraft. The check must consist of 
the tasks listed in Sec.  61.31(k), and the check must be performed by:
    (1) An Examiner who is qualified to perform night vision goggle 
operations in that same aircraft category and class;
    (2) A person who is authorized by the U.S. Armed Forces to perform 
night vision goggle proficiency checks, provided the person being 
administered the check is also a member of the U.S. Armed Forces;
    (3) A company check pilot who is authorized to perform night vision 
goggle proficiency checks under parts 121, 125, or 135 of this chapter, 
provided that both the check pilot and the pilot being tested are 
employees of that operator;
    (4) An authorized flight instructor who is qualified to perform 
night vision goggle operations in that same aircraft category and 
class;
    (5) A person who is qualified as pilot in command for night vision 
goggle operations in accordance with paragraph (f) of this section; or
    (6) A person approved by the FAA to perform night vision goggle 
proficiency checks.

0
20. Revise Sec.  61.63 to read as follows:


Sec.  61.63  Additional aircraft ratings (other than for ratings at the 
airline transport pilot certification level).

    (a) General. For an additional aircraft rating on a pilot 
certificate, other than for an airline transport pilot certificate, a 
person must meet the requirements of this section appropriate to the 
additional aircraft rating sought.
    (b) Additional aircraft category rating. A person who applies to 
add a category rating to a pilot certificate:
    (1) Must complete the training and have the applicable aeronautical 
experience.
    (2) Must have a logbook or training record endorsement from an 
authorized instructor attesting that the person was found competent in 
the appropriate aeronautical knowledge areas and proficient in the 
appropriate areas of operation.
    (3) Must pass the practical test.
    (4) Need not take an additional knowledge test if the person holds 
an airplane, rotorcraft, powered-lift, or airship rating at that pilot 
certificate level.
    (c) Additional aircraft class rating. A person who applies for an 
additional class rating on a pilot certificate:
    (1) Must have a logbook or training record endorsement from an 
authorized instructor attesting that the person was found competent in 
the appropriate aeronautical knowledge areas and proficient in the 
appropriate areas of operation.
    (2) Must pass the practical test.
    (3) Need not meet the specified training time requirements 
prescribed by this part that apply to the pilot certificate for the 
aircraft class rating sought; unless, the person only holds a lighter-
than-air category rating with a balloon class rating and is seeking an 
airship class rating, then that person must receive the specified 
training time requirements and possess the appropriate aeronautical 
experience.
    (4) Need not take an additional knowledge test if the person holds 
an airplane, rotorcraft, powered-lift, or airship rating at that pilot 
certificate level.
    (d) Additional aircraft type rating. Except as provided under 
paragraph (d)(6) of this section, a person who applies for an aircraft 
type rating or an aircraft type rating to be completed concurrently 
with an aircraft category or class rating--
    (1) Must hold or concurrently obtain an appropriate instrument 
rating, except as provided in paragraph (e) of this section.
    (2) Must have a logbook or training record endorsement from an 
authorized instructor attesting that the person is competent in the 
appropriate aeronautical knowledge areas and proficient in the 
appropriate areas of operation at the airline transport pilot 
certification level.
    (3) Must pass the practical test at the airline transport pilot 
certification level.
    (4) Must perform the practical test in actual or simulated 
instrument conditions, except as provided in paragraph (e) of this 
section.
    (5) Need not take an additional knowledge test if the applicant 
holds an airplane, rotorcraft, powered-lift, or airship rating on the 
pilot certificate.
    (6) In the case of a pilot employee of a part 121 or part 135 
certificate holder or of a fractional ownership program manager under 
subpart K of part 91 of this chapter, the pilot must--
    (i) Meet the appropriate requirements under paragraphs (d)(1), 
(d)(3), and (d)(4) of this section; and
    (ii) Receive a flight training record endorsement from the 
certificate holder attesting that the person completed the certificate 
holder's approved ground and flight training program.
    (e) Aircraft not capable of instrument maneuvers and procedures. 
(1) An applicant for a type rating or a type rating in addition to an 
aircraft category and/or class rating who provides an aircraft that is 
not capable of the instrument maneuvers and procedures required on the 
practical test:
    (i) May apply for the type rating, but the rating will be limited 
to ``VFR only.''
    (ii) May have the ``VFR only'' limitation removed for that aircraft 
type after the applicant:
    (A) Passes a practical test in that type of aircraft in actual or 
simulated instrument conditions;
    (B) Passes a practical test in that type of aircraft on the 
appropriate instrument maneuvers and procedures in Sec.  61.157; or
    (C) Becomes qualified under Sec.  61.73(d) for that type of 
aircraft.
    (2) When an instrument rating is issued to a person who holds one 
or more type ratings, the amended pilot certificate must bear the ``VFR 
only'' limitation for each aircraft type rating that the person did not 
demonstrate instrument competency.
    (f) Multiengine airplane with a single-pilot station. An applicant 
for a type rating, at other than the ATP certification level, in a 
multiengine airplane with a single-pilot station must perform the 
practical test in the multi-seat version of that airplane, or the 
practical test may be performed in the single-seat version of that 
airplane if the Examiner is in a position to observe the applicant 
during the practical test and there is no multi-seat version of that 
multiengine airplane.
    (g) Single engine airplane with a single-pilot station. An 
applicant for a type rating, at other than the ATP certification level, 
in a single engine airplane with a single-pilot station must perform 
the practical test in the multi-seat version of that single engine 
airplane, or the practical test may be performed in the single-seat 
version of that airplane if the Examiner is in a position to observe 
the applicant during the practical test and there is no multi-seat 
version of that single engine airplane.
    (h) Aircraft category and class rating for the operation of 
aircraft with an experimental certificate. A person holding a 
recreational, private, or commercial pilot certificate may apply for a 
category and class rating limited to a specific make and model of 
experimental aircraft, provided--
    (1) The person logged 5 hours flight time while acting as pilot in 
command in the same category, class, make, and model of aircraft.
    (2) The person received a logbook endorsement from an authorized 
instructor who determined the pilot's proficiency to act as pilot in 
command of the same category, class, make, and model of aircraft.

[[Page 42553]]

    (3) The flight time specified under paragraph (h)(1) of this 
section was logged between September 1, 2004 and August 31, 2005.
    (i) Waiver authority. An Examiner who conducts a practical test may 
waive any task for which the FAA has provided waiver authority.

0
21. Add a new Sec.  61.64 to read as follows:


Sec.  61.64  Use of a flight simulator and flight training device.

    (a) Use of a flight simulator for the airplane rating. If an 
applicant uses a flight simulator for training or the practical test 
for an airplane category, class, or type rating--
    (1) The flight simulator--
    (i) Must represent the category, class, and type of airplane rating 
(if a type rating is applicable) for the rating sought;
    (ii) Must be used in accordance with an approved course of training 
under part 141 or part 142 of this chapter; or under part 121 or part 
135 of this chapter, provided the applicant is a pilot employee of that 
air carrier operator;
    (iii) At a minimum, must be qualified and approved as a Level C 
flight simulator if the applicant performs any portion of the practical 
test in the flight simulator; and
    (iv) At a minimum, must be qualified and approved as a Level A 
flight simulator if the applicant uses the flight simulator for any 
training;
    (2) If the type rating is for a turbojet airplane, the applicant 
must--
    (i) Hold a type rating in a turbojet airplane of the same class of 
airplane, and that type rating may not contain a supervised operating 
experience limitation;
    (ii) Have 1,000 hours of flight time in two different turbojet 
airplanes of the same class of airplane;
    (iii) Have been appointed by the U.S. Armed Forces as pilot in 
command in a turbojet airplane of the same class of airplane; or
    (iv) Have 500 hours of flight time in the same type of airplane.
    (3) If the type rating is for a turbo propeller airplane, the 
applicant must--
    (i) Hold a type rating in a turbo-propeller airplane of the same 
class of airplane, and that type rating may not contain a supervised 
operating experience limitation;
    (ii) Have 1,000 hours of flight time in two different turbo-
propeller airplanes of the same class of airplane;
    (iii) Have been appointed by the U.S. Armed Forces as pilot in 
command in a turbo-propeller airplane of the same class of airplane; or
    (iv) Have 500 hours of flight time in the same type of airplane.
    (4) If the applicant does not meet the requirements of paragraph 
(a)(2) or (a)(3) of this section, then--
    (i) The applicant must complete the following tasks on the 
practical test in the airplane of the category, class, and type of 
airplane rating (if a type rating is applicable) for which the airplane 
rating applies: preflight inspection, normal takeoff, normal instrument 
landing system approach, missed approach, and normal landing.
    (ii) After passing the practical test, the applicant's pilot 
certificate must state: ``The [name the category, class, and type of 
airplane rating (if a type rating is applicable)] is subject to 
additional pilot in command limitations,'' and the applicant is 
restricted from serving as pilot in command in that category, class, 
and type of airplane rating (if a type rating is applicable).
    (iii) The limitation described under paragraph (a)(4)(ii) of this 
section may be removed from the applicant's pilot certificate if the 
applicant--
    (A) Logs 25 hours of flight time in the category and class of 
airplane for the rating sought, and if a type rating is being sought, 
the flight time must be performed in the same type of airplane for the 
type rating sought;
    (B) Performs 25 hours of flight time under the direct observation 
of the pilot in command who holds the appropriate airplane category, 
class, and type rating, without limitations, in the same category, 
class, and type of airplane rating, if a type rating is applicable;
    (C) Logs each flight and the pilot in command who observed the 
flight attests to each flight;
    (D) Obtains the flight time while in the pilot in command seat of 
the appropriate airplane category, class, and type, if a type rating is 
appropriate; and
    (E) Has an Examiner review the pilot logbook and endorse that 
logbook, attesting to compliance with the required supervised operating 
experience.
    (b) Use of a flight training device for the airplane rating. If an 
applicant uses a flight training device for training for the airplane 
category, class, or type rating, the applicant must meet the 
requirements of paragraph (a)(2), (a)(3) or (a)(4) of this section, and 
the flight training device--
    (1) Must represent the category, class, and type of airplane rating 
(if a type rating is applicable) for the rating.
    (2) Must be used in accordance with an approved course of training 
under part 141 or part 142 of this chapter, or under part 121 or part 
135 of this chapter, provided the applicant is a pilot employee of that 
air carrier operator.
    (3) Must be qualified and approved at or above a Level 2 flight 
training device if the applicant completes the entire practical test in 
the airplane.
    (4) Must be qualified and approved at or above a Level 5 flight 
training device if the applicant uses a flight simulator for any 
portion of the practical test.
    (c) Use of a flight simulator for the helicopter rating. If an 
applicant uses a flight simulator for training or the practical test 
for the helicopter class or type rating,
    (1) The flight simulator--
    (i) Must represent the class and type of helicopter rating (if a 
type rating is applicable) for the rating;
    (ii) Must be used in accordance with an approved course of training 
under part 141 or part 142 of this chapter, or under part 135 of this 
chapter, provided the applicant is a pilot employee of that part 135 
operator;
    (iii) At a minimum, must be qualified and approved as a Level C 
flight simulator if the applicant performs any portion of the practical 
test in a flight simulator; and
    (iv) At a minimum, must be qualified and approved as a Level A 
flight simulator if the applicant uses a flight simulator for any 
training.
    (2) The applicant must meet one of the following requirements--
    (i) Hold a type rating in a helicopter and that type rating may not 
contain the supervised operating experience limitation;
    (ii) Have been appointed by the U.S. Armed Forces as pilot in 
command of a helicopter;
    (iii) Have 500 hours of flight time in the type of helicopter; or
    (iv) Have 1,000 hours of flight time in two different types of 
helicopters.
    (3) If the applicant does not meet any of the requirements of 
paragraph (c)(2) of this section, then--
    (i) The applicant must complete the following tasks on the 
practical test in the helicopter class and type rating (if a type 
rating is applicable) for which the rating applies: preflight 
inspection, normal takeoff, normal instrument landing system approach, 
missed approach, and normal landing.
    (ii) After passing the practical test, the applicant's pilot 
certificate must state: ``The [name the helicopter class, and type of 
helicopter rating (if a type rating is applicable)] rating is subject 
to additional pilot in command limitations,'' and the applicant is 
restricted from serving as pilot in command in that helicopter class 
and type of helicopter rating (if a type rating is applicable).

[[Page 42554]]

    (iii) The limitation described under paragraph (c)(3)(ii) of this 
section may be removed from the pilot certificate if the applicant 
complies with the following--
    (A) Logs 25 hours of flight time in the class of helicopter for the 
rating sought, if the person applied for a type rating, the flight time 
must be performed in the same type of helicopter for the type rating 
sought;
    (B) Performs the 25 hours of flight time under the direct 
observation of the pilot in command who holds the appropriate class and 
type of helicopter rating (if a type rating is applicable), without 
limitations, in the same class, and type of helicopter rating, if a 
type rating is applicable;
    (C) Logs each flight and the pilot in command who observed the 
flight attests to each flight;
    (D) Performs the flight time while in the pilot in command seat of 
the appropriate class and type of helicopter rating, if a type rating 
is appropriate; and
    (E) Has an Examiner review the pilot logbook and endorse that 
logbook, attesting to compliance with the required supervised operating 
experience.
    (d) Use of a flight training device for the helicopter rating. If 
an applicant uses a flight training device for training for the 
helicopter class or type rating, the applicant must meet the 
requirements of either paragraph (c)(2) or (3) of this section and the 
flight training device--
    (1) Must represent the class and type of helicopter rating (if a 
type rating is applicable) for the rating.
    (2) Must be used in accordance with an approved course of training 
under part 141 or part 142 of this chapter, or under part 135 of this 
chapter, provided the applicant is a pilot employee of that part 135 
operator.
    (3) Must be qualified and approved at or above a Level 2 flight 
training device if the applicant completes the entire practical test in 
the helicopter.
    (4) Must be qualified and approved at or above a Level 5 flight 
training device if the applicant uses a flight simulator for any 
portion of the practical test.
    (e) Use of a flight simulator for the powered-lift rating. If an 
applicant uses a flight simulator for training or the practical test 
for the powered-lift category or type rating--
    (1) The flight simulator--
    (i) Must represent the category and type of powered-lift rating (if 
a type rating is applicable) for the rating;
    (ii) Must be used in accordance with an approved course of training 
under part 141 or part 142 of this chapter, or under part 121 or part 
135 of this chapter, provided the applicant is a pilot employee of that 
air carrier operator;
    (iii) At a minimum, must be qualified and approved as a Level C 
flight simulator if the applicant performs any portion of the practical 
test in a flight simulator; and
    (iv) At a minimum, must be qualified and approved as a Level A 
flight simulator if the applicant uses a flight simulator for any 
training.
    (2) The applicant must meet one of the following requirements--
    (i) Hold a type rating in a powered-lift without a supervised 
operating experience limitation;
    (ii) Have been appointed by the U.S. Armed Forces as pilot in 
command of a powered-lift;
    (iii) Have 500 hours of flight time in the type of powered-lift; or
    (iv) Have 1,000 hours of flight time in two different types of 
powered-lifts.
    (3) If the applicant does not meet any of the requirements of 
paragraph (e)(2) of this section, then--
    (i) The applicant must complete the following tasks on the 
practical test in the powered-lift of the category and type of powered-
lift rating (if a type rating is applicable) for which the rating 
applies: preflight inspection, normal takeoff, normal instrument 
landing system approach, missed approach, and normal landing.
    (ii) After passing the practical test, the applicant's pilot 
certificate must state: ``The [name of the category and type of 
powered-lift rating (if a type rating is applicable)] rating is subject 
to additional pilot in command limitations,'' and that applicant is 
restricted from serving as pilot in command in that category and type 
of powered-lift rating (if a type rating is applicable).
    (iii) The limitation described under paragraph (e)(3)(ii) of this 
section may be removed from the pilot certificate if the applicant 
complies with the following--
    (A) Logs 25 hours of flight time in the powered-lift category for 
the rating sought, and if a type rating is being sought, the flight 
time must be performed in the same type of powered-lift for the type 
rating sought;
    (B) Performs the 25 hours flight time under the direct observation 
of the pilot in command who holds the category and type of powered-lift 
rating (if a type rating is applicable), without limitations, in the 
same category and type of powered-lift rating, if a type rating is 
applicable;
    (C) Logs each flight and the pilot in command who observed the 
flight attests to each flight;
    (D) Performs the flight time while in the pilot in command seat of 
the appropriate category and type of powered-lift rating, if a type 
rating is appropriate; and
    (E) Has an Examiner review the pilot logbook and endorse that 
logbook, attesting to compliance with the required supervised operating 
experience.
    (f) Use of a flight training device for the powered-lift rating. 
Whenever an applicant uses a flight training device for training for 
the powered-lift category or type rating, the flight training device 
must meet the following requirements, and the applicant must meet the 
requirements of either paragraph (e)(2) or (e)(3) of this section.
    (1) The flight training device must represent the class and type of 
powered-lift rating (if a type rating is applicable) for the rating.
    (2) The flight training device must be used in accordance with an 
approved course of training under part 141 or part 142 of this chapter; 
or under part 121 or part 135 of this chapter, provided the applicant 
is a pilot employee of that air carrier operator.
    (3) If the applicant completes the entire practical test in the 
powered-lift, the flight training device used for training must be 
qualified and approved at or above a Level 2 flight training device.
    (4) If an applicant uses a flight simulator for any portion of the 
practical test, the flight training device used for training must be 
qualified and approved at or above a Level 5 flight training device.

0
22. Amend Sec.  61.65 by:
0
a. Revising paragraph (a)(1);
0
b. Revising paragraph (d);
0
c. Redesignating existing paragraph (e) as paragraph (g);
0
d. Adding new paragraphs (e), (f), and (h); and
0
e. Revising newly re-designated paragraph (g).
    The revisons and additions read as follows:


Sec.  61.65  Instrument rating requirements.

    (a) * * *
    (1) Hold at least a private pilot certificate with an airplane, 
helicopter, or powered-lift rating appropriate to the instrument rating 
sought;
* * * * *
    (d) Aeronautical experience for the instrument-airplane rating. A 
person who applies for an instrument-airplane rating must have logged:

[[Page 42555]]

    (1) Fifty hours of cross country flight time as pilot in command, 
of which 10 hours must have been in an airplane; and
    (2) Forty hours of actual or simulated instrument time in the areas 
of operation listed in paragraph (c) of this section, of which 15 hours 
must have been received from an authorized instructor who holds an 
instrument-airplane rating, and the instrument time includes:
    (i) Three hours of instrument flight training from an authorized 
instructor in an airplane that is appropriate to the instrument-
airplane rating within 2 calendar months before the date of the 
practical test; and
    (ii) Instrument flight training on cross country flight procedures, 
including one cross country flight in an airplane with an authorized 
instructor, that is performed under instrument flight rules, when a 
flight plan has been filed with an air traffic control facility, and 
that involves--
    (A) A flight of 250 nautical miles along airways or by directed 
routing from an air traffic control facility;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems.
    (e) Aeronautical experience for the instrument-helicopter rating. A 
person who applies for an instrument-helicopter rating must have 
logged:
    (1) Fifty hours of cross country flight time as pilot in command, 
of which 10 hours must have been in a helicopter; and
    (2) Forty hours of actual or simulated instrument time in the areas 
of operation listed under paragraph (c) of this section, of which 15 
hours must have been with an authorized instructor who holds an 
instrument-helicopter rating, and the instrument time includes:
    (i) Three hours of instrument flight training from an authorized 
instructor in a helicopter that is appropriate to the instrument-
helicopter rating within 2 calendar months before the date of the 
practical test; and
    (ii) Instrument flight training on cross country flight procedures, 
including one cross country flight in a helicopter with an authorized 
instructor that is performed under instrument flight rules and a flight 
plan has been filed with an air traffic control facility, and 
involves--
    (A) A flight of 100 nautical miles along airways or by directed 
routing from an air traffic control facility;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems.
    (f) Aeronautical experience for the instrument-powered-lift rating. 
A person who applies for an instrument-powered-lift rating must have 
logged:
    (1) Fifty hours of cross country flight time as pilot in command, 
of which 10 hours cross country must have been in a powered-lift; and
    (2) Forty hours of actual or simulated instrument time in the areas 
of operation listed under paragraph (c) of this section, of which 15 
hours must have been received from an authorized instructor who holds 
an instrument-powered-lift rating, and the instrument time includes:
    (i) Three hours of instrument flight training from an authorized 
instructor in a powered-lift that is appropriate to the instrument-
powered-lift rating within 2 calendar months before the date of the 
practical test; and
    (ii) Instrument flight training on cross country flight procedures, 
including one cross country flight in a powered-lift with an authorized 
instructor that is performed under instrument flight rules, when a 
flight plan has been filed with an air traffic control facility, that 
involves--
    (A) A flight of 250 nautical miles along airways or by directed 
routing from an air traffic control facility;
    (B) An instrument approach at each airport; and
    (C) Three different kinds of approaches with the use of navigation 
systems.
    (g) Use of flight simulators or flight training devices. If the 
instrument time was provided by an authorized instructor in a flight 
simulator or flight training device--
    (1) A maximum of 30 hours may be performed in that flight simulator 
or flight training device if the instrument time was completed in 
accordance with part 142 of this chapter; or
    (2) A maximum of 20 hours may be performed in that flight simulator 
or flight training device if the instrument time was not completed in 
accordance with part 142 of this chapter.
    (h) Use of an aviation training device. A maximum of 10 hours of 
instrument time received in an aviation training device may be credited 
for the instrument time requirements of this section if--
    (1) The device is approved and authorized by the FAA;
    (2) An authorized instructor provides the instrument time in the 
device;
    (3) No more than 10 hours of instrument time in a flight simulator 
or flight training device was credited for the instrument time 
requirements of this section;
    (4) A view-limiting device was worn by the applicant when logging 
instrument time in the device; and
    (5) The FAA approved the instrument training and instrument tasks 
performed in the device.

0
23. Amend Sec.  61.69 by revising paragraphs (a)(1), (a)(4), and (a)(6) 
introductory text to read as follows:


Sec.  61.69  Glider and unpowered ultralight vehicle towing: Experience 
and training requirements.

    (a) * * *
    (1) Holds a private, commercial or airline transport pilot 
certificate with a category rating for powered aircraft;
* * * * *
    (4) Except as provided in paragraph (b) of this section, has logged 
at least three flights as the sole manipulator of the controls of an 
aircraft while towing a glider or unpowered ultralight vehicle, or has 
simulated towing flight procedures in an aircraft while accompanied by 
a pilot who meets the requirements of paragraphs (c) and (d) of this 
section.
* * * * *
    (6) Within 24 calendar months before the flight has--
* * * * *

0
24. Revise Sec.  61.73 to read as follows:


Sec.  61.73  Military pilots or former military pilots: Special rules.

    (a) General. Except for a person who has been removed from flying 
status for lack of proficiency or because of a disciplinary action 
involving aircraft operations, a U.S. military pilot or former military 
pilot who meets the requirements of this section may apply, on the 
basis of his or her military pilot qualifications, for:
    (1) A commercial pilot certificate with the appropriate aircraft 
category and class rating.
    (2) An instrument rating with the appropriate aircraft rating.
    (3) A type rating.
    (b) Military pilots and former military pilots in the U.S. Armed 
Forces. A person who qualifies as a military pilot or former military 
pilot in the U.S. Armed Forces may apply for a pilot certificate and 
ratings under paragraph (a) of this section if that person--
    (1) Presents evidentiary documents described under paragraphs 
(h)(1), (2), and (3) of this section that show the person's status in 
the U.S. Armed Forces.
    (2) Has passed the military competency aeronautical knowledge test 
on the appropriate parts of this chapter

[[Page 42556]]

for commercial pilot privileges and limitations, air traffic and 
general operating rules, and accident reporting rules.
    (3) Presents official U.S. military records that show compliance 
with one of the following requirements--
    (i) Before the date of the application, passing an official U.S. 
military pilot and instrument proficiency check in a military aircraft 
of the kind of aircraft category, class, and type, if class or type of 
aircraft is applicable, for the ratings sought; or
    (ii) Before the date of application, logging 10 hours of pilot time 
as a military pilot in a U.S. military aircraft in the kind of aircraft 
category, class, and type, if a class rating or type rating is 
applicable, for the aircraft rating sought.
    (c) A military pilot in the Armed Forces of a foreign contracting 
State to the Convention on International Civil Aviation. A person who 
is a military pilot in the Armed Forces of a foreign contracting State 
to the Convention on International Civil Aviation and is assigned to 
pilot duties in the U.S. Armed Forces, for purposes other than 
receiving flight training, may apply for a commercial pilot certificate 
and ratings under paragraph (a) of this section, provided that person--
    (1) Presents evidentiary documents described under paragraph (h)(4) 
of this section that show the person is a military pilot in the Armed 
Forces of a foreign contracting State to the Convention on 
International Civil Aviation, and is assigned to pilot duties in the 
U.S. Armed Forces, for purposes other than receiving flight training.
    (2) Has passed the military competency aeronautical knowledge test 
on the appropriate parts of this chapter for commercial pilot 
privileges and limitations, air traffic and general operating rules, 
and accident reporting rules.
    (3) Presents official U.S. military records that show compliance 
with one of the following requirements:
    (i) Before the date of the application, passed an official U.S. 
military pilot and instrument proficiency check in a military aircraft 
of the kind of aircraft category, class, or type, if class or type of 
aircraft is applicable, for the ratings; or
    (ii) Before the date of the application, logged 10 hours of pilot 
time as a military pilot in a U.S. military aircraft of the kind of 
category, class, and type of aircraft, if a class rating or type rating 
is applicable, for the aircraft rating.
    (d) Instrument rating. A person who is qualified as a U.S. military 
pilot or former military pilot may apply for an instrument rating to be 
added to a pilot certificate if that person--
    (1) Has passed an instrument proficiency check in the U.S. Armed 
Forces in the aircraft category for the instrument rating sought; and
    (2) Has an official U.S. Armed Forces record that shows the person 
is instrument pilot qualified by the U.S. Armed Forces to conduct 
instrument flying on Federal airways in that aircraft category and 
class for the instrument rating sought.
    (e) Aircraft type rating. An aircraft type rating may only be 
issued for a type of aircraft that has a comparable civilian type 
designation by the Administrator.
    (f) Aircraft type rating placed on an airline transport pilot 
certificate. A person who is a military pilot or former military pilot 
of the U.S. Armed Forces and requests an aircraft type rating to be 
placed on an existing U.S. airline transport pilot certificate may be 
issued the rating at the airline transport pilot certification level, 
provided that person:
    (1) Holds a category and class rating for that type of aircraft at 
the airline transport pilot certification level; and
    (2) Has passed an official U.S. military pilot check and instrument 
proficiency check in that type of aircraft.
    (g) Flight instructor certificate and ratings. A person who can 
show official U.S. military documentation of being a U.S. military 
instructor pilot or U.S. military pilot examiner, or a former 
instructor pilot or pilot examiner may apply for and be issued a flight 
instructor certificate with the appropriate ratings if that person:
    (1) Holds a commercial or airline transport pilot certificate with 
the appropriate aircraft category and class rating, if a class rating 
is appropriate, for the flight instructor rating sought;
    (2) Holds an instrument rating, or has instrument privileges, on 
the pilot certificate that is appropriate to the flight instructor 
rating sought; and
    (3) Presents the following documents:
    (i) A knowledge test report that shows the person passed a 
knowledge test on the aeronautical knowledge areas listed under Sec.  
61.185(a) appropriate to the flight instructor rating sought and the 
knowledge test was passed within the preceding 24 calendar months prior 
to the month of application. If the U.S. military instructor pilot or 
pilot examiner already holds a flight instructor certificate, holding 
of a flight instructor certificate suffices for the knowledge test 
report.
    (ii) An official U.S. Armed Forces record or order that shows the 
person is or was qualified as a U.S. Armed Forces military instructor 
pilot or pilot examiner for the flight instructor rating sought.
    (iii) An official U.S. Armed Forces record or order that shows the 
person completed a U.S. Armed Forces' instructor pilot or pilot 
examiner training course and received an aircraft rating qualification 
as a military instructor pilot or pilot examiner that is appropriate to 
the flight instructor rating sought.
    (iv) An official U.S. Armed Forces record or order that shows the 
person passed a U.S. Armed Forces instructor pilot or pilot examiner 
proficiency check in an aircraft as a military instructor pilot or 
pilot examiner that is appropriate to the flight instructor rating 
sought.
    (h) Documents for qualifying for a pilot certificate and rating. 
The following documents are required for a person to apply for a pilot 
certificate and rating:
    (1) An official U.S. Armed Forces record that shows the person is 
or was a military pilot.
    (2) An official U.S. Armed Forces record that shows the person 
graduated from a U.S. Armed Forces undergraduate pilot training school 
and received a rating qualification as a military pilot.
    (3) An official U.S. Armed Forces record that shows the pilot 
passed a pilot proficiency check and instrument proficiency check in an 
aircraft as a military pilot.
    (4) If a person is a military pilot in the Armed Forces from a 
foreign contracting State to the Convention on International Civil 
Aviation and is applying for a pilot certificate and rating, that 
person must present the following:
    (i) An official U.S. Armed Forces record that shows the person is a 
military pilot in the U.S. Armed Forces;
    (ii) An official U.S. Armed Forces record that shows the person is 
assigned as a military pilot in the U.S. Armed Forces for purposes 
other than receiving flight training;
    (iii) An official record that shows the person graduated from a 
military undergraduate pilot training school from the Armed Forces from 
a foreign contracting State to the Convention on International Civil 
Aviation or from the U.S. Armed Forces, and received a qualification as 
a military pilot; and
    (iv) An official U.S. Armed Forces record that shows that the 
person passed a pilot proficiency check and instrument proficiency 
check in an aircraft as a military pilot in the U.S. Armed Forces.

0
25. Amend Sec.  61.75 by revising paragraphs (a), (b) introductory 
text,

[[Page 42557]]

(b)(2), (b)(3), (b)(4), (c), (d) introductory text, (e)(1), (f), and 
(g), and removing paragraph (e)(4).
    The revisions read as follows:


Sec.  61.75  Private pilot certificate issued on the basis of a foreign 
pilot license.

    (a) General. A person who holds a foreign pilot license at the 
private pilot level or higher that was issued by a contracting State to 
the Convention on International Civil Aviation may apply for and be 
issued a U.S. private pilot certificate with the appropriate ratings if 
the foreign pilot license meets the requirements of this section.
    (b) Certificate issued. A U.S. private pilot certificate issued 
under this section must specify the person's foreign license number and 
country of issuance. A person who holds a foreign pilot license issued 
by a contracting State to the Convention on International Civil 
Aviation may be issued a U.S. private pilot certificate based on the 
foreign pilot license without any further showing of proficiency, 
provided the applicant:
* * * * *
    (2) Holds a foreign pilot license, at the private pilot license 
level or higher, that does not contain a limitation stating that the 
applicant has not met all of the standards of ICAO for that license;
    (3) Does not hold a U.S. pilot certificate other than a U.S. 
student pilot certificate;
    (4) Holds a medical certificate issued under part 67 of this 
chapter or a medical license issued by the country that issued the 
person's foreign pilot license; and
* * * * *
    (c) Aircraft ratings issued. Aircraft ratings listed on a person's 
foreign pilot license, in addition to any issued after testing under 
the provisions of this part, may be placed on that person's U.S. pilot 
certificate for private pilot privileges only.
    (d) Instrument ratings issued. A person who holds an instrument 
rating on the foreign pilot license issued by a contracting State to 
the Convention on International Civil Aviation may be issued an 
instrument rating on a U.S. pilot certificate provided:
* * * * *
    (e) * * *
    (1) May act as pilot in command of a civil aircraft of the United 
States in accordance with the pilot privileges authorized by this part 
and the limitations placed on that U.S. pilot certificate;
* * * * *
    (f) Limitation on licenses used as the basis for a U.S. 
certificate. A person may use only one foreign pilot license as a basis 
for the issuance of a U.S. pilot certificate. The foreign pilot license 
and medical certification used as a basis for issuing a U.S. pilot 
certificate under this section must be written in English or 
accompanied by an English transcription that has been signed by an 
official or representative of the foreign aviation authority that 
issued the foreign pilot license.
    (g) Limitation placed on a U.S. pilot certificate. A U.S. pilot 
certificate issued under this section can only be exercised when the 
pilot has the foreign pilot license, upon which the issuance of the 
U.S. pilot certificate was based, in the holder's possession or readily 
accessible in the aircraft.

0
26. Amend Sec.  61.77 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(2), (b)(1), (b)(2) introductory text, 
(b)(4); and (d);
0
c. Removing paragraph (b)(5); and
0
d. Redesignating paragraph (b)(6) as (b)(5).
    The revisions read as follows:


Sec.  61.77  Special purpose pilot authorization: Operation of a civil 
aircraft of the United States and leased by a non-U.S. citizen.

    (a) * * *
    (2) For carrying persons or property for compensation or hire for 
operations in--
    (i) Scheduled international air services in turbojet-powered 
airplanes of U.S. registry;
    (ii) Scheduled international air services in airplanes of U.S. 
registry having a configuration of more than nine passenger seats, 
excluding crewmember seats;
    (iii) Nonscheduled international air transportation in airplanes of 
U.S. registry having a configuration of more than 30 passenger seats, 
excluding crewmember seats; or
    (iv) Scheduled international air services, or nonscheduled 
international air transportation, in airplanes of U.S. registry having 
a payload capacity of more than 7,500 pounds.
    (b) * * *
    (1) A foreign pilot license issued by the aeronautical authority of 
a contracting State to the Convention on International Civil Aviation 
that contains the appropriate aircraft category, class, type rating, if 
appropriate, and instrument rating for the aircraft to be flown;
    (2) A certification by the lessee of the aircraft--
* * * * *
    (4) Documentation the applicant meets the medical standards for the 
issuance of the foreign pilot license from the aeronautical authority 
of that contracting State to the Convention on International Civil 
Aviation; and
* * * * *
    (d) General limitations. A special purpose pilot authorization may 
be used only--
    (1) For flights between foreign countries or for flights in foreign 
air commerce within the time period allotted on the authorization.
    (2) If the foreign pilot license required by paragraph (b)(1) of 
this section, the medical documentation required by paragraph (b)(4) of 
this section, and the special purpose pilot authorization issued under 
this section are in the holder's physical possession or immediately 
accessible in the aircraft.
    (3) While the holder is employed by the person to whom the aircraft 
described in the certification required by paragraph (b)(2) of this 
section is leased.
    (4) While the holder is performing pilot duties on the U.S.-
registered aircraft described in the certification required by 
paragraph (b)(2) of this section.
    (5) If the holder has only one special purpose pilot authorization 
as provided in paragraph (b)(5) of this section.
* * * * *

0
27. Amend Sec.  61.87 by revising paragraph (p) to read as follows:


Sec.  61.87  Solo requirements for student pilots.

* * * * *
    (p) Limitations on flight instructors authorizing solo flight. No 
instructor may authorize a student pilot to perform a solo flight 
unless that instructor has--
    (1) Given that student pilot training in the make and model of 
aircraft or a similar make and model of aircraft in which the solo 
flight is to be flown;
    (2) Determined the student pilot is proficient in the maneuvers and 
procedures prescribed in this section;
    (3) Determined the student pilot is proficient in the make and 
model of aircraft to be flown;
    (4) Ensured that the student pilot's certificate has been endorsed 
by an instructor authorized to provide flight training for the specific 
make and model aircraft to be flown; and
    (5) Endorsed the student pilot's logbook for the specific make and 
model aircraft to be flown, and that endorsement remains current for 
solo flight privileges, provided an authorized instructor updates the 
student's logbook every 90 days thereafter.

0
28. Amend Sec.  61.93 by revising paragraphs (b)(1)(iii), (b)(2)(iii), 
and (b)(2)(iv) to read as follows:

[[Page 42558]]

Sec.  61.93  Solo cross country flight requirements.

* * * * *
    (b) * * *
    (1) * * *
    (iii) The student pilot has a solo flight endorsement in accordance 
with Sec.  61.87 of this part;
* * * * *
    (2) * * *
    (iii) The student has a solo flight endorsement in accordance with 
Sec.  61.87 of this part; and
    (iv) The student has a solo cross country flight endorsement in 
accordance with paragraph (c) of this section; however, for repeated 
solo cross country flights to another airport within 50 nautical miles 
from which the flight originated, separate endorsements are not 
required to be made for each flight.
* * * * *

0
29. Amend Sec.  61.96 by revising paragraphs (b)(7) and (b)(8); and 
adding a new paragraph (b)(9) to read as follows:


Sec.  61.96  Applicability and eligibility requirements: General.

* * * * *
    (b) * * *
    (7) Pass the practical test on the areas of operation listed in 
Sec.  61.98(b) that apply to the aircraft category and class rating;
    (8) Comply with the sections of this part that apply to the 
aircraft category and class rating; and
    (9) Hold either a student pilot certificate or sport pilot 
certificate.

0
30. Amend Sec.  61.101 by revising paragraphs (b) introductory text, 
(c) introductory text, (d) introductory text, (e)(1)(iii), and (j) 
introductory text to read as follows:


Sec.  61.101  Recreational pilot privileges and limitations.

* * * * *
    (b) A person who holds a recreational pilot certificate may act as 
pilot in command of an aircraft on a flight within 50 nautical miles 
from the departure airport, provided that person has--
* * * * *
    (c) A person who holds a recreational pilot certificate may act as 
pilot in command of an aircraft on a flight that exceeds 50 nautical 
miles from the departure airport, provided that person has--
* * * * *
    (d) A person who holds a recreational pilot certificate may act as 
pilot in command of an aircraft in Class B, C, and D airspace, at an 
airport located in Class B, C, or D airspace, and to, from, through, or 
at an airport having an operational control tower, provided that person 
has--
* * * * *
    (e) * * *
    (1) * * *
    (iii) With a powerplant of more than 180 horsepower, except 
aircraft certificated in the rotorcraft category; or
* * * * *
    (j) In order to fly solo as provided in paragraph (i) of this 
section, the recreational pilot must meet the appropriate aeronautical 
knowledge and flight training requirements of Sec.  61.87 for that 
aircraft. When operating an aircraft under the conditions specified in 
paragraph (i) of this section, the recreational pilot shall carry the 
logbook that has been endorsed for each flight by an authorized 
instructor who:
* * * * *

0
31. Amend Sec.  61.103 by adding new paragraph (j) to read as follows:


Sec.  61.103  Eligibility requirements: General.

     * * *
    (j) Hold a U.S. student pilot certificate, sport pilot certificate, 
or recreational pilot certificate.

0
32. Amend Sec.  61.109 by revising paragraphs (a)(5)(ii), (b)(5)(ii), 
(c)(4)(ii), (d)(4)(ii), and (e)(5)(ii) to read as follows:


Sec.  61.109  Aeronautical experience.

    (a) * * *
    (5) * * *
    (ii) One solo cross country flight of 150 nautical miles total 
distance, with full-stop landings at three points, and one segment of 
the flight consisting of a straight-line distance of more than 50 
nautical miles between the takeoff and landing locations; and
* * * * *
    (b) * * *
    (5) * * *
    (ii) One solo cross country flight of 150 nautical miles total 
distance, with full-stop landings at three points, and one segment of 
the flight consisting of a straight-line distance of more than 50 
nautical miles between the takeoff and landing locations; and
* * * * *
    (c) * * *
    (4) * * *
    (ii) One solo cross country flight of 100 nautical miles total 
distance, with landings at three points, and one segment of the flight 
being a straight-line distance of more than 25 nautical miles between 
the takeoff and landing locations; and
* * * * *
    (d) * * *
    (4) * * *
    (ii) One solo cross country flight of 100 nautical miles total 
distance, with landings at three points, and one segment of the flight 
being a straight-line distance of more than 25 nautical miles between 
the takeoff and landing locations; and
* * * * *
    (e) * * *
    (5) * * *
    (ii) One solo cross country flight of 150 nautical miles total 
distance, with full-stop landings at three points, and one segment of 
the flight consisting of a straight-line distance of more than 50 
nautical miles between the takeoff and landing locations; and
* * * * *

0
33. Amend Sec.  61.127 by:
0
a. Redesignating paragraphs (b)(4)(vi) through (ix) as (b)(4)(vii) 
through (x);
0
b. Adding a new paragraph (b)(4)(vi);
0
c. Removing paragraph (b)(5)(vii); and
0
d. Redesignating existing paragraphs (b)(5)(viii) through (xiii) as 
(b)(5)(vii) through (xii).
    The addition reads as follows:


Sec.  61.127  Flight proficiency.

* * * * *
    (b) * * *
    (4) * * *
    (vi) Ground reference maneuvers;
* * * * *

0
34. Amend Sec.  61.129 by revising paragraphs (a)(3)(i), (a)(3)(iii), 
(a)(3)(iv), (a)(4) introductory text, (b)(3)(i), (b)(3)(iii), 
(b)(3)(iv), (c)(3)(i) through (iii), (c)(4) introductory text, 
(d)(3)(i) through (iii), (d)(4) introductory text, (e)(3)(i) through 
(iii), (e)(4) introductory text, (g)(2) introductory text, (g)(3), 
(g)(4)(ii), (g)(4)(iii), and (i)(3) to read as follows:


Sec.  61.129  Aeronautical experience.

    (a) * * *
    (3) * * *
    (i) Ten hours of instrument training using a view-limiting device 
including attitude instrument flying, partial panel skills, recovery 
from unusual flight attitudes, and intercepting and tracking 
navigational systems. Five hours of the 10 hours required on instrument 
training must be in a single engine airplane;
* * * * *
    (iii) One 2-hour cross country flight in a single engine airplane 
in daytime conditions that consists of a total straight-line distance 
of more than 100 nautical miles from the original point of departure;
    (iv) One 2-hour cross country flight in a single engine airplane in 
nighttime conditions that consists of a total

[[Page 42559]]

straight-line distance of more than 100 nautical miles from the 
original point of departure; and
* * * * *
    (4) Ten hours of solo flight time in a single engine airplane or 10 
hours of flight time performing the duties of pilot in command in a 
single engine airplane with an authorized instructor on board (either 
of which may be credited towards the flight time requirement under 
paragraph (a)(2) of this section), on the areas of operation listed 
under Sec.  61.127(b)(1) that include--
* * * * *
    (b) * * *
    (3) * * *
    (i) Ten hours of instrument training using a view-limiting device 
including attitude instrument flying, partial panel skills, recovery 
from unusual flight attitudes, and intercepting and tracking 
navigational systems. Five hours of the 10 hours required on instrument 
training must be in a multiengine airplane;
* * * * *
    (iii) One 2-hour cross country flight in a multiengine airplane in 
daytime conditions that consists of a total straight-line distance of 
more than 100 nautical miles from the original point of departure;
    (iv) One 2-hour cross country flight in a multiengine airplane in 
nighttime conditions that consists of a total straight-line distance of 
more than 100 nautical miles from the original point of departure; and
* * * * *
    (c) * * *
    (3) * * *
    (i) Five hours on the control and maneuvering of a helicopter 
solely by reference to instruments using a view-limiting device 
including attitude instrument flying, partial panel skills, recovery 
from unusual flight attitudes, and intercepting and tracking 
navigational systems. This aeronautical experience may be performed in 
an aircraft, flight simulator, flight training device, or an aviation 
training device;
    (ii) One 2-hour cross country flight in a helicopter in daytime 
conditions that consists of a total straight-line distance of more than 
50 nautical miles from the original point of departure;
    (iii) One 2-hour cross country flight in a helicopter in nighttime 
conditions that consists of a total straight-line distance of more than 
50 nautical miles from the original point of departure; and
* * * * *
    (4) Ten hours of solo flight time in a helicopter or 10 hours of 
flight time performing the duties of pilot in command in a helicopter 
with an authorized instructor on board (either of which may be credited 
towards the flight time requirement under paragraph (c)(2) of this 
section), on the areas of operation listed under Sec.  61.127(b)(3) 
that includes--
* * * * *
    (d) * * *
    (3) * * *
    (i) 2.5 hours on the control and maneuvering of a gyroplane solely 
by reference to instruments using a view-limiting device including 
attitude instrument flying, partial panel skills, recovery from unusual 
flight attitudes, and intercepting and tracking navigational systems. 
This aeronautical experience may be performed in an aircraft, flight 
simulator, flight training device, or an aviation training device;
    (ii) One 2-hour cross country flight in a gyroplane in daytime 
conditions that consists of a total straight-line distance of more than 
50 nautical miles from the original point of departure;
    (iii) Two hours of flight training during nighttime 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); and
* * * * *
    (4) Ten hours of solo flight time in a gyroplane or 10 hours of 
flight time performing the duties of pilot in command in a gyroplane 
with an authorized instructor on board (either of which may be credited 
towards the flight time requirement under paragraph (d)(2) of this 
section), on the areas of operation listed in Sec.  61.127(b)(4) that 
includes--
* * * * *
    (e) * * *
    (3) * * *
    (i) Ten hours of instrument training using a view-limiting device 
including attitude instrument flying, partial panel skills, recovery 
from unusual flight attitudes, and intercepting and tracking 
navigational systems. Five hours of the 10 hours required on instrument 
training must be in a powered-lift;
    (ii) One 2-hour cross country flight in a powered-lift in daytime 
conditions that consists of a total straight-line distance of more than 
100 nautical miles from the original point of departure;
    (iii) One 2-hour cross country flight in a powered-lift in 
nighttime conditions that consists of a total straight-line distance of 
more than 100 nautical miles from the original point of departure; and
* * * * *
    (4) Ten hours of solo flight time in a powered-lift or 10 hours of 
flight time performing the duties of pilot in command in a powered-lift 
with an authorized instructor on board (either of which may be credited 
towards the flight time requirement under paragraph (e)(2) of this 
section), on the areas of operation listed in Sec.  61.127(b)(5) that 
includes--
* * * * *
    (g) * * *
    (2) Thirty hours of pilot in command flight time in airships or 
performing the duties of pilot in command in an airship with an 
authorized instructor aboard, which consists of--
* * * * *
    (3) Forty hours of instrument time to include--
    (i) Instrument training using a view-limiting device for attitude 
instrument flying, partial panel skills, recovery from unusual flight 
attitudes, and intercepting and tracking navigational systems; and
    (ii) Twenty hours of instrument flight time, of which 10 hours must 
be in flight in airships.
    (4) * * *
    (ii) One hour cross country flight in an airship in daytime 
conditions that consists of a total straight-line distance of more than 
25 nautical miles from the point of departure; and
    (iii) One hour cross country flight in an airship in nighttime 
conditions that consists of a total straight-line distance of more than 
25 nautical miles from the point of departure.
* * * * *
    (i) * * *
    (3) Except when fewer hours are approved by the FAA, an applicant 
for the commercial pilot certificate with the airplane or powered-lift 
rating who has completed 190 hours of aeronautical experience is 
considered to have met the total aeronautical experience requirements 
of this section, provided the applicant satisfactorily completed an 
approved commercial pilot course under part 142 of this chapter and the 
approved course was appropriate to the commercial pilot certificate and 
aircraft rating sought.

0
35. Amend Sec.  61.153 by revising paragraphs (d)(1), (d)(3), and (h) 
to read as follows:


Sec.  61.153  Eligibility requirements: General.

* * * * *
    (d) * * *
    (1) Holds a commercial pilot certificate with an instrument rating 
issued under this part;
* * * * *
    (3) Holds either a foreign airline transport pilot license with 
instrument privileges, or a foreign commercial pilot license with an 
instrument rating, that--

[[Page 42560]]

    (i) Was issued by a contracting State to the Convention on 
International Civil Aviation; and
    (ii) Contains no geographical limitations.
* * * * *
    (h) Comply with the sections of this subpart that apply to the 
aircraft category and class rating sought.

0
36. Revise Sec.  61.157 to read as follows:


Sec.  61.157  Flight proficiency.

    (a) General. (1) The practical test for an airline transport pilot 
certificate is given for--
    (i) An airplane category and single engine class rating.
    (ii) An airplane category and multiengine class rating.
    (iii) A rotorcraft category and helicopter class rating.
    (iv) A powered-lift category rating.
    (v) An aircraft type rating.
    (2) A person who is applying for an airline transport pilot 
practical test must meet--
    (i) The eligibility requirements of Sec.  61.153; and
    (ii) The aeronautical knowledge and aeronautical experience 
requirements of this subpart that apply to the aircraft category and 
class rating sought.
    (b) Aircraft type rating. Except as provided in paragraph (c) of 
this section, a person who applies for an aircraft type rating to be 
added to an airline transport pilot certificate or applies for a type 
rating to be concurrently completed with an airline transport pilot 
certificate:
    (1) Must receive and log ground and flight training from an 
authorized instructor on the areas of operation under this section that 
apply to the aircraft type rating;
    (2) Must receive a logbook endorsement from an authorized 
instructor that certifies the applicant completed the training on the 
areas of operation listed under paragraph (e) of this section that 
apply to the aircraft type rating; and
    (3) Must perform the practical test in actual or simulated 
instrument conditions, except as provided under paragraph (g) of this 
section.
    (c) Exceptions. A person who applies for an aircraft type rating to 
be added to an airline transport pilot certificate or an aircraft type 
rating concurrently with an airline transport pilot certificate, and 
who is an employee of a certificate holder operating under part 121 or 
part 135 of this chapter, does not need to comply with the requirements 
of paragraph (b) of this section if the applicant presents a training 
record that shows completion of that certificate holder's approved 
pilot in command training program for the aircraft type rating.
    (d) Upgrading type ratings. Any type rating(s) and limitations on a 
pilot certificate of an applicant who completes an airline transport 
pilot practical test will be included at the airline transport pilot 
certification level, provided the applicant passes the practical test 
in the same category and class of aircraft for which the applicant 
holds the type rating(s).
    (e) Areas of operation. (1) For an airplane category--single engine 
class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (2) For an airplane category--multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (3) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (4) For a rotorcraft category--helicopter class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoff and departure phase;
    (iv) In-flight maneuvers;
    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Normal and abnormal procedures;
    (viii) Emergency procedures; and
    (ix) Postflight procedures.
    (f) Proficiency and competency checks conducted under part 121, 
part 135, or subpart K of part 91. (1) Successful completion of any of 
the following checks satisfies the flight proficiency requirements of 
this section for the issuance of an airline transport pilot certificate 
and/or the appropriate aircraft rating:
    (i) A proficiency check under Sec.  121.441 of this chapter.
    (ii) Both a competency check under Sec.  135.293(a)(2) and Sec.  
135.293(b) of this chapter and pilot-in-command instrument proficiency 
check under Sec.  135.297 of this chapter.
    (iii) Both a competency check under Sec.  91.1065 of this chapter 
and a pilot-in-command instrument proficiency check under Sec.  91.1069 
of this chapter.
    (2) The checks specified in paragraph (f)(1) of this section must 
be conducted by one of the following:
    (i) An FAA Aviation Safety Inspector.
    (ii) An Aircrew Program Designee who is authorized to perform 
proficiency checks for the air carrier whose approved training program 
has been satisfactorily completed by the pilot applicant.
    (iii) A Training Center Evaluator who is also authorized to perform 
the portions of the competency and proficiency checks required by 
paragraph (f)(1) of this section for the air carrier whose approved 
training program has been satisfactorily completed by the pilot 
applicant.
    (g) Aircraft not capable of instrument maneuvers and procedures. An 
applicant may add a type rating to an airline transport pilot 
certificate with an aircraft that is not capable of the instrument 
maneuvers and procedures required on the practical test under the 
following circumstances--
    (1) The rating is limited to ``VFR only.''
    (2) The type rating is added to an airline transport pilot 
certificate that has instrument privileges in that category and class 
of aircraft.
    (3) The ``VFR only'' limitation may be removed for that aircraft 
type after the applicant:
    (i) Passes a practical test in that type of aircraft on the 
appropriate instrument maneuvers and procedures in Sec.  61.157; or
    (ii) Becomes qualified in Sec.  61.73(d) for that type of aircraft.
    (h) Multiengine airplane with a single-pilot station. An applicant 
for a type rating, at the ATP certification level, in a multiengine 
airplane with a single-pilot station must perform the practical test in 
the multi-seat version of that airplane. The practical test may be 
performed in the single-seat version of that airplane if the Examiner 
is in a position to observe the applicant during the practical test in 
the case where there

[[Page 42561]]

is no multi-seat version of that multiengine airplane.
    (i) Single engine airplane with a single-pilot station. An 
applicant for a type rating, at the ATP certification level, in a 
single engine airplane with a single-pilot station must perform the 
practical test in the multi-seat version of that single engine 
airplane. The practical test may be performed in the single-seat 
version of that airplane if the Examiner is in a position to observe 
the applicant during the practical test in the case where there is no 
multi-seat version of that single engine airplane.
    (j) Waiver authority. An Examiner who conducts a practical test may 
waive any task for which the FAA has provided waiver authority.

0
37. Amend Sec.  61.159 by adding a new paragraph (c)(3); and revising 
paragraphs (d) and (e) to read as follows:


Sec.  61.159  Aeronautical experience: Airplane category rating.

* * * * *
    (c) * * *
    (3) Flight-engineer time, provided the flight time--
    (i) Is acquired as a U.S. Armed Forces' flight engineer crewmember 
in an airplane that requires a flight engineer crewmember by the flight 
manual;
    (ii) Is acquired while the person is participating in a flight 
engineer crewmember training program for the U.S. Armed Forces; and
    (iii) Does not exceed 1 hour for each 3 hours of flight engineer 
flight time for a total credited time of no more than 500 hours.
    (d) An applicant is issued an airline transport pilot certificate 
with the limitation, ``Holder does not meet the pilot in command 
aeronautical experience requirements of ICAO,'' as prescribed under 
Article 39 of the Convention on International Civil Aviation, if the 
applicant does not meet the ICAO requirements contained in Annex 1 
``Personnel Licensing'' to the Convention on International Civil 
Aviation, but otherwise meets the aeronautical experience requirements 
of this section.
    (e) An applicant is entitled to an airline transport pilot 
certificate without the ICAO limitation specified under paragraph (d) 
of this section when the applicant presents satisfactory evidence of 
having met the ICAO requirements under paragraph (d) of this section 
and otherwise meets the aeronautical experience requirements of this 
section.

0
38. Amend Sec.  61.167 by revising paragraphs (a) and (b)(3) to read as 
follows:


Sec.  61.167  Privileges.

    (a) A person who holds an airline transport pilot certificate is 
entitled to the same privileges as a person who holds a commercial 
pilot certificate with an instrument rating.
    (b) * * *
    (3) Only as provided in this section, except that an airline 
transport pilot who also holds a flight instructor certificate can 
exercise the instructor privileges under subpart H of this part for 
which he or she is rated; and
* * * * *

0
39. Amend Sec.  61.183 by revising paragraph (e)(2) to read as follows:


Sec.  61.183  Eligibility requirements.

* * * * *
    (e) * * *
    (2) Holds a teacher's certificate issued by a State, county, city, 
or municipality that authorizes the person to teach at an educational 
level of the 7th grade or higher; or
* * * * *

0
40. Amend Sec.  61.187 by revising paragraph (b)(6)(vii) to read as 
follows:


Sec.  61.187  Flight proficiency.

* * * * *
    (b) * * *
    (6) * * *
    (vii) Launches and landings;
* * * * *

0
41. Amend Sec.  61.193 by revising the introductory text to read as 
follows:


Sec.  61.193  Flight instructor privileges.

    A person who holds a flight instructor certificate is authorized 
within the limitations of that person's flight instructor certificate 
and ratings to train and issue endorsements that are required for:
* * * * *

0
42. Amend Sec.  61.195 by revising paragraphs (b), (c), (d)(3) 
introductory text, (h)(1)(i), (h)(1)(ii), and (h)(3) introductory text, 
and adding a new paragraph (k) to read as follows:


Sec.  61.195  Flight instructor limitations and qualifications.

* * * * *
    (b) Aircraft Ratings. A flight instructor may not conduct flight 
training in any aircraft for which the flight instructor does not hold:
    (1) A pilot certificate and flight instructor certificate with the 
applicable category and class rating; and
    (2) If appropriate, a type rating.
    (c) Instrument Rating. A flight instructor who provides instrument 
training for the issuance of an instrument rating, a type rating not 
limited to VFR, or the instrument training required for commercial 
pilot and airline transport pilot certificates must hold an instrument 
rating on his or her pilot certificate and flight instructor 
certificate that is appropriate to the category and class of aircraft 
used for the training provided.
    (d) * * *
    (3) Student pilot's logbook for solo flight in a Class B airspace 
area or at an airport within Class B airspace unless that flight 
instructor has--
* * * * *
    (h) * * *
    (1) * * *
    (i) Holds a ground or flight instructor certificate with the 
appropriate rating, has held that certificate for at least 24 calendar 
months, and has given at least 40 hours of ground training; or
    (ii) Holds a ground or flight instructor certificate with the 
appropriate rating, and has given at least 100 hours of ground training 
in an FAA-approved course.
* * * * *
    (3) A flight instructor who serves as a flight instructor in an 
FAA-approved course for the issuance of a flight instructor rating must 
hold a flight instructor certificate with the appropriate rating and 
pass the required initial and recurrent flight instructor proficiency 
tests, in accordance with the requirements of the part under which the 
FAA-approved course is conducted, and must--
* * * * *
    (k) Training for night vision goggle operations. A flight 
instructor may not conduct training for night vision goggle operations 
unless the flight instructor:
    (1) Has a pilot and flight instructor certificate with the 
applicable category and class rating for the training;
    (2) If appropriate, has a type rating on his or her pilot 
certificate for the aircraft;
    (3) Is pilot in command qualified for night vision goggle 
operations, in accordance with Sec.  61.31(k);
    (4) Has logged 100 night vision goggle operations as the sole 
manipulator of the controls;
    (5) Has logged 20 night vision goggle operations as the sole 
manipulator of the controls in the category and class, and type of 
aircraft, if aircraft class and type is appropriate, that the training 
will be given in;
    (6) Is qualified to act as pilot in command in night vision goggle 
operations under Sec.  61.57(f) or (g); and
    (7) Has a logbook endorsement from an FAA Aviation Safety Inspector 
or a person who is authorized by the FAA to provide that logbook 
endorsement that states the flight instructor is authorized

[[Page 42562]]

to perform the night vision goggle pilot in command qualification and 
recent flight experience requirements under Sec.  61.31(k) and Sec.  
61.57(f) and (g).

0
43. Amend Sec.  61.197 by revising the section heading, paragraph (a) 
introductory text and paragraph (a)(2) to read as follows:


Sec.  61.197  Renewal requirements for flight instructor certification.

    (a) A person who holds a flight instructor certificate that has not 
expired may renew that flight instructor certificate by--
* * * * *
    (2) Submitting a completed and signed application with the FAA and 
satisfactorily completing one of the following renewal requirements--
    (i) A record of training students showing that, during the 
preceding 24 calendar months, the flight instructor has endorsed at 
least 5 students for a practical test for a certificate or rating and 
at least 80 percent of those students passed that test on the first 
attempt.
    (ii) A record showing that, within the preceding 24 calendar 
months, the flight instructor has served as a company check pilot, 
chief flight instructor, company check airman, or flight instructor in 
a part 121 or part 135 operation, or in a position involving the 
regular evaluation of pilots.
    (iii) A graduation certificate showing that, within the preceding 3 
calendar months, the person has successfully completed an approved 
flight instructor refresher course consisting of ground training or 
flight training, or a combination of both.
    (iv) A record showing that, within the preceding 12 months from the 
month of application, the flight instructor passed an official U.S. 
Armed Forces military instructor pilot proficiency check.
* * * * *

0
44. Amend Sec.  61.199 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  61.199  Reinstatement requirements of an expired flight 
instructor certificate.

    (a) Flight instructor certificates. The holder of an expired flight 
instructor certificate who has not complied with the flight instructor 
renewal requirements of Sec.  61.197 may reinstate that flight 
instructor certificate and ratings by filing a completed and signed 
application with the FAA and satisfactorily completing one of the 
following reinstatement requirements:
    (1) A flight instructor certification practical test, as prescribed 
by Sec.  61.183(h), for one of the ratings held on the expired flight 
instructor certificate.
    (2) A flight instructor certification practical test for an 
additional rating.
* * * * *

0
45. Amend Sec.  61.213 by revising paragraph (b)(2) to read as follows:


Sec.  61.213  Eligibility requirements.

* * * * *
    (b) * * *
    (2) Holds a teacher's certificate issued by a State, county, city, 
or municipality that authorizes the person to teach at an educational 
level of the 7th grade or higher; or
* * * * *

0
46. Amend Sec.  61.215 by revising paragraphs (b)(1), (2), and (3) to 
read as follows:


Sec.  61.215  Ground instructor privileges.

* * * * *
    (b) * * *
    (1) Ground training on the aeronautical knowledge areas required 
for the issuance of any certificate or rating under this part except 
for the aeronautical knowledge areas required for an instrument rating.
    (2) The ground training required for any flight review except for 
the training required for an instrument rating.
    (3) A recommendation for a knowledge test required for the issuance 
of any certificate or rating under this part except for an instrument 
rating.
* * * * *

0
47. Revise Sec.  61.217 to read as follows:


Sec.  61.217  Recent experience requirements.

    The holder of a ground instructor certificate may not perform the 
duties of a ground instructor unless the person can show that one of 
the following occurred during the preceding 12 calendar months:
    (a) Employment or activity as a ground instructor giving pilot, 
flight instructor, or ground instructor training;
    (b) Employment or activity as a flight instructor giving pilot, 
flight instructor, or ground instructor ground or flight training;
    (c) Completion of an approved flight instructor refresher course 
and receipt of a graduation certificate for that course; or
    (d) An endorsement from an authorized instructor certifying that 
the person has demonstrated knowledge in the subject areas prescribed 
under Sec.  61.213(a)(3) and (a)(4), as appropriate.
0
48. Amend Sec.  61.303 by revising paragraph (a) introductory text and 
paragraph (b) introductory text to read as follows:


Sec.  61.303  If I want to operate a light-sport aircraft, what 
operating limits and endorsement requirements in this subpart must I 
comply with?

    (a) Use the following table to determine what operating limits and 
endorsement requirements in this subpart, if any, apply to you when you 
operate a light-sport aircraft. The medical certificate specified in 
this table must be in compliance with Sec.  61.2 in regards to currency 
and validity. If you hold a recreational pilot certificate, but not a 
medical certificate, you must comply with cross country requirements in 
Sec.  61.101 (c), even if your flight does not exceed 50 nautical miles 
from your departure airport. You must also comply with requirements in 
other subparts of this part that apply to your certificate and the 
operation you conduct.
* * * * *
    (b) A person using a U.S. driver's license to meet the requirements 
of this paragraph must--
* * * * *

0
49. Amend Sec.  61.403 by revising paragraph (c) to read as follows:


Sec.  61.403  What are the age, language, and pilot certificate 
requirements for a flight instructor certificate with a sport pilot 
rating?

* * * * *
    (c) Hold at least a sport pilot certificate with category and class 
ratings or privileges, as applicable, that are appropriate to the 
flight instructor privileges sought.

0
50. Amend Sec.  61.407 by revising paragraph (c)(2) to read as follows:


Sec.  61.407  What aeronautical knowledge must I have to apply for a 
flight instructor certificate with a sport pilot rating?

* * * * *
    (c) * * *
    (2) Hold a teacher's certificate issued by a State, county, city, 
or municipality; or
* * * * *

0
51. Amend Sec.  61.429 by revising the introductory text to read as 
follows:


Sec.  61.429  May I exercise the privileges of a flight instructor 
certificate with a sport pilot rating if I hold a flight instructor 
certificate with another rating?

    If you hold a flight instructor certificate, a commercial pilot 
certificate with an airship rating, or a commercial pilot certificate 
with a balloon rating issued under this part, and you seek to exercise 
the privileges of a flight instructor certificate with a sport pilot 
rating, you may do so without any further showing of proficiency, 
subject to the following limits:
* * * * *

[[Page 42563]]


0
52. Amend Sec.  61.431 by revising paragraph (a) to read as follows:


Sec.  61.431  Are there special provisions for obtaining a flight 
instructor certificate with a sport pilot rating for persons who are 
registered ultralight instructors with an FAA-recognized ultralight 
organization?

* * * * *
    (a) You must hold either a sport pilot certificate or recreational 
pilot certificate and meet the requirements Sec.  61.101(c), or hold at 
least a private pilot certificate issued under this part.
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
53. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil 
Aviation (61 stat. 1180).


0
54. Amend Sec.  91.205 by redesignating existing paragraph (h) as 
paragraph (i); and adding a new paragraph (h) to read as follows:


Sec.  91.205  Powered civil aircraft with standard category U.S. 
airworthiness certificates; Instrument and equipment requirements.

* * * * *
    (h) Night vision goggle operations. For night vision goggle 
operations, the following instruments and equipment must be installed 
in the aircraft, functioning in a normal manner, and approved for use 
by the FAA:
    (1) Instruments and equipment specified in paragraph (b) of this 
section, instruments and equipment specified in paragraph (c) of this 
section;
    (2) Night vision goggles;
    (3) Interior and exterior aircraft lighting system required for 
night vision goggle operations;
    (4) Two-way radio communications system;
    (5) Gyroscopic pitch and bank indicator (artificial horizon);
    (6) Generator or alternator of adequate capacity for the required 
instruments and equipment; and
    (7) Radar altimeter.
* * * * *

PART 141--PILOT SCHOOLS

0
55. The authority citation for 14 CFR part 141 continues to read as 
follows:

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

0
56. Revise Sec.  141.5 to read as follows:


Sec.  141.5  Requirements for a pilot school certificate.

    The FAA may issue a pilot school certificate with the appropriate 
ratings if, within the 24 calendar months before the date application 
is made, the applicant--
    (a) Completes the application for a pilot school certificate on the 
form and in the manner prescribed by the FAA;
    (b) Has held a provisional pilot school certificate;
    (c) Meets the applicable requirements under subparts A through C of 
this part for the school certificate and associated ratings sought;
    (d) Has trained and recommended at least 10 different people for a 
knowledge test or a practical test, or any combination thereof, and at 
least 80 percent of those persons passed their tests on the first 
attempt; and
    (e) Has graduated at least 10 different people from the school's 
approved training courses.

0
57. Revise Sec.  141.9 to read as follows:


Sec.  141.9  Examining authority.

    The FAA issues examining authority to a pilot school for a training 
course if the pilot school and its training course meet the 
requirements of subpart D of this part.
0
58. Amend Sec.  141.33 by revising paragraph (d)(2) to read as follows:


Sec.  141.33  Personnel.

* * * * *
    (d) * * *
    (2) The school has an enrollment of at least 10 students at the 
time designation is sought.
* * * * *

0
59. Revise Sec.  141.39 to read as follows:


Sec.  141.39  Aircraft.

    (a) When the school's training facility is located within the U.S., 
an applicant for a pilot school certificate or provisional pilot school 
certificate must show that each aircraft used by the school for flight 
training and solo flights:
    (1) Is a civil aircraft of the United States;
    (2) Is certificated with a standard or primary airworthiness 
certificate, unless the FAA determines otherwise because of the nature 
of the approved course;
    (3) Is maintained and inspected in accordance with the requirements 
for aircraft operated for hire under part 91, subpart E, of this 
chapter;
    (4) Has two pilot stations with engine-power controls that can be 
easily reached and operated in a normal manner from both pilot stations 
(for flight training); and
    (5) Is equipped and maintained for IFR operations if used in a 
course involving IFR en route operations and instrument approaches. For 
training in the control and precision maneuvering of an aircraft by 
reference to instruments, the aircraft may be equipped as provided in 
the approved course of training.
    (b) When the school's training facility is located outside the U.S. 
and the training will be conducted outside the U.S., an applicant for a 
pilot school certificate or provisional pilot school certificate must 
show that each aircraft used by the school for flight training and solo 
flights:
    (1) Is either a civil aircraft of the United States or a civil 
aircraft of foreign registry;
    (2) Is certificated with a standard or primary airworthiness 
certificate or an equivalent certification from the foreign aviation 
authority;
    (3) Is maintained and inspected in accordance with the requirements 
for aircraft operated for hire under part 91, subpart E of this 
chapter, or in accordance with equivalent maintenance and inspection 
from the foreign aviation authority's requirements;
    (4) Has two pilot stations with engine-power controls that can be 
easily reached and operated in a normal manner from both pilot stations 
(for flight training); and
    (5) Is equipped and maintained for IFR operations if used in a 
course involving IFR en route operations and instrument approaches. For 
training in the control and precision maneuvering of an aircraft by 
reference to instruments, the aircraft may be equipped as provided in 
the approved course of training.

0
60. Amend Sec.  141.53 by revising paragraph (c) to read as follows:


Sec.  141.53  Approval procedures for a training course: General.

* * * * *
    (c) Training courses. An applicant for a pilot school certificate 
or provisional pilot school certificate may request approval for the 
training courses specified under Sec.  141.11(b).

0
61. Amend Sec.  141.55 by revising paragraphs (d) introductory text, 
(e) introductory text, and (e)(2)(ii) introductory text to read as 
follows:


Sec.  141.55  Training course: Contents.

* * * * *
    (d) A pilot school may request and receive initial approval for a 
period of not more than 24 calendar months for any training course 
under this part that does not meet the minimum ground and

[[Page 42564]]

flight training time requirements, provided the following provisions 
are met:
* * * * *
    (e) A pilot school may request and receive final approval for any 
training course under this part that does not meet the minimum ground 
and flight training time requirements, provided the following 
conditions are met:
* * * * *
    (2) * * *
    (ii) At least 80 percent of those students passed the practical or 
knowledge test, as appropriate, on the first attempt, and that test was 
given by--
* * * * *

0
62. Amend Sec.  141.77 by revising paragraph (c) to read as follows:


Sec.  141.77  Limitations.

* * * * *
    (c) A student may be given credit towards the curriculum 
requirements of a course for previous training under the following 
conditions:
    (1) If the student completed a proficiency test and knowledge test 
that was conducted by the receiving pilot school and the previous 
training was based on a part 141- or a part 142-approved flight 
training course, the credit is limited to not more than 50 percent of 
the flight training requirements of the curriculum.
    (2) If the student completed a knowledge test that was conducted by 
the receiving pilot school and the previous training was based on a 
part 141- or a part 142-approved aeronautical knowledge training 
course, the credit is limited to not more than 50 percent of the 
aeronautical knowledge training requirements of the curriculum.
    (3) If the student completed a proficiency test and knowledge test 
that was conducted by the receiving pilot school and the training was 
received from other than a part 141- or a part 142-approved flight 
training course, the credit is limited to not more than 25 percent of 
the flight training requirements of the curriculum.
    (4) If the student completed a knowledge test that was conducted by 
the receiving pilot school and the previous training was received from 
other than a part 141- or a part 142-approved aeronautical knowledge 
training course, the credit is limited to not more than 25 percent of 
the aeronautical knowledge training requirements of the curriculum.
    (5) Completion of previous training must be certified in the 
student's training record by the training provider or a management 
official within the training provider's organization, and must 
contain--
    (i) The kind and amount of training provided; and
    (ii) The result of each stage check and end-of-course test, if 
appropriate.

0
63. Amend Sec.  141.85 by revising paragraphs (a) introductory text and 
(a)(1) to read as follows:


Sec.  141.85  Chief instructor responsibilities.

    (a) A chief instructor designated for a pilot school or provisional 
pilot school is responsible for:
    (1) Certifying each student's training record, graduation 
certificate, stage check and end-of-course test reports, and 
recommendation for course completion, unless the duties are delegated 
by the chief instructor to an assistant chief instructor or 
recommending instructor;
* * * * *

0
64. Amend appendix B to part 141 by revising paragraph 2; paragraphs 
4.(b)(1)(iii), 4.(b)(2)(iii), and 4.(b)(5)(iii); and 5.(a)(1), 
5.(b)(1), 5.(c)(1), 5.(d)(1), and 5.(e)(1) to read as follows:

Appendix B to Part 141--Private Pilot Certification Course

* * * * *
    2. Eligibility for enrollment. A person must hold either a 
recreational pilot certificate, sport pilot certificate, or student 
pilot certificate before enrolling in the solo flight phase of the 
private pilot certification course.
* * * * *
    4. * * *
    (b) * * *
    (1) * * *
    (iii) Three hours of flight training in a single engine airplane 
on the control and maneuvering of a single engine airplane solely by 
reference to instruments, including straight and level flight, 
constant airspeed climbs and descents, turns to a heading, recovery 
from unusual flight attitudes, radio communications, and the use of 
navigation systems/facilities and radar services appropriate to 
instrument flight; and
* * * * *
    (2) * * *
    (iii) Three hours of flight training in a multiengine airplane 
on the control and maneuvering of a multiengine airplane solely by 
reference to instruments, including straight and level flight, 
constant airspeed climbs and descents, turns to a heading, recovery 
from unusual flight attitudes, radio communications, and the use of 
navigation systems/facilities and radar services appropriate to 
instrument flight; and
* * * * *
    (5) * * *
    (iii) Three hours of flight training in a powered-lift on the 
control and maneuvering of a powered-lift solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs and descents, turns to a heading, recovery from unusual 
flight attitudes, radio communications, and the use of navigation 
systems/facilities and radar services appropriate to instrument 
flight; and
* * * * *
    5. * * *
    (a) * * *
    (1) One solo 100 nautical miles cross country flight with 
landings at a minimum of three points and one segment of the flight 
consisting of a straight-line distance of more than 50 nautical 
miles between the takeoff and landing locations; and
* * * * *
    (b) * * *
    (1) One 100 nautical miles cross country flight with landings at 
a minimum of three points and one segment of the flight consisting 
of a straight-line distance of more than 50 nautical miles between 
the takeoff and landing locations; and
* * * * *
    (c) * * *
    (1) One solo 100 nautical miles cross country flight with 
landings at a minimum of three points and one segment of the flight 
consisting of a straight-line distance of more than 25 nautical 
miles between the takeoff and landing locations; and
* * * * *
    (d) * * *
    (1) One solo 100 nautical miles cross country flight with 
landings at a minimum of three points and one segment of the flight 
consisting of a straight-line distance of more than 25 nautical 
miles between the takeoff and landing locations; and
* * * * *
    (e) * * *
    (1) One solo 100 nautical miles cross country flight with 
landings at a minimum of three points and one segment of the flight 
consisting of a straight-line distance of more than 50 nautical 
miles between the takeoff and landing locations; and
* * * * *

0
65. Amend appendix C to part 141 by revising paragraphs 4.(b)(2) 
through 4.(b)(4); adding new paragraphs 4.(b)(5) and (6); and revising 
the introductory text of paragraph 4.(d) to read as follows:

Appendix C to Part 141--Instrument Rating Course

* * * * *
    4. * * *
    (b) * * *
    (2) Credit for training in a flight simulator that meets the 
requirements of Sec.  141.41(a) cannot exceed 50 percent of the 
total flight training hour requirements of the course or of this 
section, whichever is less.
    (3) Credit for training in a flight training device that meets 
the requirements of Sec.  141.41(b) cannot exceed 40 percent of the 
total flight training hour requirements of the course or of this 
section, whichever is less.
    (4) Credit for training in flight simulators and flight training 
devices, if used in combination, cannot exceed 50 percent of the 
total flight training hour requirements of the course or of this 
section, whichever is less. However, credit for training in a flight

[[Page 42565]]

training device cannot exceed the limitation provided for in 
paragraph (b)(3) of this section.
    (5) Credit for training in an approved aviation training device 
cannot exceed 10 percent of the total flight training hour 
requirements of the course or of this section, whichever is less.
    (6) Credit for training in flight simulators, flight training 
devices, and aviation training devices, if used in combination, 
cannot exceed 50 percent of the total flight training hour 
requirements of the course or of this section, whichever is less. 
However, credit for training in an aviation training device cannot 
exceed the limitation provided under paragraph (b)(5) of this 
section.
* * * * *
    (d) Each course must include flight training on the areas of 
operation listed under this paragraph appropriate to the instrument 
aircraft category and class rating (if a class rating is 
appropriate) for which the course applies:
* * * * *

0
66. Amend appendix D to part 141 by:
0
a. Revising paragraphs 4.(b)(1)(i) through (iv);
0
b. Revising paragraphs 4.(b)(2)(i), (iii), and (iv);
0
c. Revising paragraphs 4.(b)(3)(i) through (iii);
0
d. Revising paragraphs 4.(b)(4)(i) through (iii), 4.(b)(5)(i) through 
(iii);
0
e. Revising paragraphs 4.(b)(7)(i) through (iii);
0
f. Redesignating paragraphs 4.(d)(4)(vi) through (ix) as 4.(d)(4)(vii) 
through (x);
0
g. Adding a new paragraph 4.(d)(4)(vi); and
0
h. Revising the introductory text of paragraphs 5.(a), (b), (c), (d), 
and (e).
    The revisions and addtion read as follows:

Appendix D to Part 141--Commercial Pilot Certification Course

* * * * *
    4. * * *
    (b) * * *
    (1) * * *
    (i) Ten hours of instrument training using a view-limiting 
device including attitude instrument flying, partial panel skills, 
recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. Five hours of the 10 hours required 
on instrument training must be in a single engine airplane;
    (ii) Ten hours of training in an airplane that has a retractable 
landing gear, flaps, and a controllable pitch propeller, or is 
turbine-powered;
    (iii) One 2-hour cross country flight in daytime conditions in a 
single engine airplane that consists of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure;
    (iv) One 2-hour cross country flight in nighttime conditions in 
a single engine airplane that consists of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure; and
* * * * *
    (2) * * *
    (i) Ten hours of instrument training using a view-limiting 
device including attitude instrument flying, partial panel skills, 
recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. Five hours of the 10 hours required 
on instrument training must be in a multiengine airplane;
* * * * *
    (iii) One 2-hour cross country flight in daytime conditions in a 
multiengine airplane that consists of a total straight-line distance 
of more than 100 nautical miles from the original point of 
departure;
    (iv) One 2-hour cross country flight in nighttime conditions in 
a multiengine airplane that consists of a total straight-line 
distance of more than 100 nautical miles from the original point of 
departure; and
* * * * *
    (3) * * *
    (i) Five hours on the control and maneuvering of a helicopter 
solely by reference to instruments, including using a view-limiting 
device for attitude instrument flying, partial panel skills, 
recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. This aeronautical experience may be 
performed in an aircraft, flight simulator, flight training device, 
or an aviation training device;
    (ii) One 2-hour cross country flight in daytime conditions in a 
helicopter that consists of a total straight-line distance of more 
than 50 nautical miles from the original point of departure;
    (iii) One 2-hour cross country flight in nighttime conditions in 
a helicopter that consists of a total straight-line distance of more 
than 50 nautical miles from the original point of departure; and
* * * * *
    (4) * * *
    (i) 2.5 hours on the control and maneuvering of a gyroplane 
solely by reference to instruments, including using a view-limiting 
device for attitude instrument flying, partial panel skills, 
recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. This aeronautical experience may be 
performed in an aircraft, flight simulator, flight training device, 
or an aviation training device;
    (ii) One 2-hour cross country flight in daytime conditions in a 
gyroplane that consists of a total straight-line distance of more 
than 50 nautical miles from the original point of departure;
    (iii) Two hours of flight training in nighttime 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); and
* * * * *
    (5) * * *
    (i) Ten hours of instrument training using a view-limiting 
device including attitude instrument flying, partial panel skills, 
recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. Five hours of the 10 hours required 
on instrument training must be in a powered-lift;
    (ii) One 2-hour cross country flight in daytime conditions in a 
powered-lift that consists of a total straight-line distance of more 
than 100 nautical miles from the original point of departure;
    (iii) One 2-hour cross country flight in nighttime conditions in 
a powered-lift that consists of a total straight-line distance of 
more than 100 nautical miles from the original point of departure; 
and
* * * * *
    (7) * * *
    (i) Three hours of instrument training in an airship, including 
using a view-limiting device for attitude instrument flying, partial 
panel skills, recovery from unusual flight attitudes, and 
intercepting and tracking navigational systems;
    (ii) One hour cross country flight in daytime conditions in an 
airship that consists of a total straight-line distance of more than 
25 nautical miles from the original point of departure;
    (iii) One hour cross country flight in nighttime conditions in 
an airship that consists of a total straight-line distance of more 
than 25 nautical miles from the original point of departure; and
* * * * *
    (d) * * *
    (4) * * *
    (vi) Ground reference maneuvers;
* * * * *
    5. * * *
    (a) For an airplane single engine course. Ten hours of solo 
flight time in a single engine airplane, or 10 hours of flight time 
while performing the duties of pilot in command in a single engine 
airplane with an authorized instructor on board. The training must 
consist of the approved areas of operation under paragraph (d)(1) of 
section 4 of this appendix, and include--
* * * * *
    (b) For an airplane multiengine course. Ten hours of solo flight 
time in a multiengine airplane, or 10 hours of flight time while 
performing the duties of pilot in command in a multiengine airplane 
with an authorized instructor on board. The training must consist of 
the approved areas of operation under paragraph (d)(2) of section 4 
of this appendix, and include--
* * * * *
    (c) For a rotorcraft helicopter course. Ten hours of solo flight 
time in a helicopter, or 10 hours of flight time while performing 
the duties of pilot in command in a helicopter with an authorized 
instructor on board. The training must consist of the approved areas 
of operation under paragraph (d)(3) of section 4 of this appendix, 
and include--
* * * * *
    (d) For a rotorcraft-gyroplane course. Ten hours of solo flight 
time in a gyroplane, or 10 hours of flight time while performing the 
duties of pilot in command in a gyroplane with an authorized 
instructor on board. The training must consist of the approved areas 
of operation under paragraph (d)(4) of section 4 of this appendix, 
and include--
* * * * *

[[Page 42566]]

    (e) For a powered-lift course. Ten hours of solo flight time in 
a powered-lift, or 10 hours of flight time while performing the 
duties of pilot in command in a powered-lift with an authorized 
instructor on board. The training must consist of the approved areas 
of operation under paragraph (d)(5) of section No. 4 of this 
appendix, and include--
* * * * *

0
67. Amend appendix E to part 141 by:
0
a. Revising the introductory text of paragraph 2;
0
b. Removing paragraph 2.(a);
0
c. Redesignating paragraph 2.(b) as new paragraph (a);
0
d. Revising newly re-designated paragraph 2.(a); and
0
e. Redesignating existing paragraphs 2.(c) and (d) as paragraph 2(b) 
and (c).
    The revisions read as follows:

Appendix E to Part 141--Airline Transport Pilot Certification Course

* * * * *
    2. Eligibility for enrollment. Before completing the flight 
portion of the airline transport pilot certification course, a 
person must meet the aeronautical experience requirements for an 
airline transport pilot certificate under part 61, subpart G of this 
chapter that is appropriate to the aircraft category and class 
rating for which the course applies, and:
    (a) Hold a commercial pilot certificate and an instrument 
rating, or an airline transport pilot certificate with instrument 
privileges;
* * * * *

0
68. Amend appendix I to part 141 by revising the appendix heading; and 
revising paragraphs 3 and 4 to read as follows:

Appendix I to Part 141--Additional Aircraft Category and/or Class 
Rating Course

* * * * *
    3. Aeronautical knowledge training.
    (a) For a recreational pilot certificate, the following 
aeronautical knowledge areas must be included in a 10-hour ground 
training course for an additional aircraft category and/or class 
rating:
    (1) Applicable regulations issued by the Federal Aviation 
Administration for recreational pilot privileges, limitations, and 
flight operations;
    (2) Safe and efficient operation of aircraft, including 
collision avoidance, and recognition and avoidance of wake 
turbulence;
    (3) Effects of density altitude on takeoff and climb 
performance;
    (4) Weight and balance computations;
    (5) Principles of aerodynamics, powerplants, and aircraft 
systems;
    (6) Stall awareness, spin entry, spins, and spin recovery 
techniques if applying for an airplane single engine rating; and
    (7) Preflight action that includes how to obtain information on 
runway lengths at airports of intended use, data on takeoff and 
landing distances, weather reports and forecasts, and fuel 
requirements.
    (b) For a private pilot certificate, the following aeronautical 
knowledge areas must be included in a 10-hour ground training course 
for an additional class rating or a 15-hour ground training course 
for an additional aircraft category and class rating:
    (1) Applicable regulations issued by the Federal Aviation 
Administration for private pilot privileges, limitations, and flight 
operations;
    (2) Safe and efficient operation of aircraft, including 
collision avoidance, and recognition and avoidance of wake 
turbulence;
    (3) Effects of density altitude on takeoff and climb 
performance;
    (4) Weight and balance computations;
    (5) Principles of aerodynamics, powerplants, and aircraft 
systems;
    (6) Stall awareness, spin entry, spins, and spin recovery 
techniques if applying for an airplane single engine rating; and
    (7) Preflight action that includes how to obtain information on 
runway lengths at airports of intended use, data on takeoff and 
landing distances, weather reports and forecasts, and fuel 
requirements.
    (c) For a commercial pilot certificate, the following 
aeronautical knowledge areas must be included in a 15-hour ground 
training course for an additional class rating or a 20-hour ground 
training course for an additional aircraft category and class 
rating:
    (1) Applicable regulations issued by the Federal Aviation 
Administration for commercial pilot privileges, limitations, and 
flight operations;
    (2) Basic aerodynamics and the principles of flight;
    (3) Safe and efficient operation of aircraft;
    (4) Weight and balance computations;
    (5) Use of performance charts;
    (6) Significance and effects of exceeding aircraft performance 
limitations;
    (7) Principles and functions of aircraft systems;
    (8) Maneuvers, procedures, and emergency operations appropriate 
to the aircraft;
    (9) Nighttime and high-altitude operations; and
    (10) Procedures for flight and ground training for lighter-than-
air ratings.
    (d) For an airline transport pilot certificate, the following 
aeronautical knowledge areas must be included in a 25-hour ground 
training course for an additional aircraft category and/or class 
rating:
    (1) Applicable regulations issued by the Federal Aviation 
Administration for airline transport pilot privileges, limitations, 
and flight operations;
    (2) Meteorology, including knowledge and effects of fronts, 
frontal characteristics, cloud formations, icing, and upper-air 
data;
    (3) General system of weather and NOTAM collection, 
dissemination, interpretation, and use;
    (4) Interpretation and use of weather charts, maps, forecasts, 
sequence reports, abbreviations, and symbols;
    (5) National Weather Service functions as they pertain to 
operations in the National Airspace System;
    (6) Windshear and microburst awareness, identification, and 
avoidance;
    (7) Principles of air navigation under instrument meteorological 
conditions in the National Airspace System;
    (8) Air traffic control procedures and pilot responsibilities as 
they relate to en route operations, terminal area and radar 
operations, and instrument departure and approach procedures;
    (9) Aircraft loading; weight and balance; use of charts, graphs, 
tables, formulas, and computations; and the effects on aircraft 
performance;
    (10) Aerodynamics relating to an aircraft's flight 
characteristics and performance in normal and abnormal flight 
regimes;
    (11) Human factors;
    (12) Aeronautical decision making and judgment; and
    (13) Crew resource management to include crew communication and 
coordination.
    4. Flight training.
    (a) Course for an additional airplane category and single engine 
class rating.
    (1) For the recreational pilot certificate, the course must 
include 15 hours of flight training on the areas of operations under 
part 141, appendix A, paragraph 4(c)(1) that include--
    (i) Two hours of flight training to an airport and at an airport 
that is located more than 25 nautical miles from the airport where 
the applicant normally trains, with three takeoffs and three 
landings, except as provided under Sec.  61.100 of this chapter; and
    (ii) Three hours of flight training in an aircraft with the 
airplane category and single engine class within 2 calendar months 
before the date of the practical test.
    (2) For the private pilot certificate, the course must include 
20 hours of flight training on the areas of operations under part 
141, appendix B, paragraph 4(d)(1). A flight simulator and flight 
training device cannot be used to meet more than 4 hours of the 
training requirements, and the use of the flight training device is 
limited to 3 hours of the 4 hours permitted. The course must 
include--
    (i) Three hours of cross country training in a single engine 
airplane, except as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in a single engine 
airplane that includes one cross country flight of more than 100 
nautical miles total distance, and 10 takeoffs and 10 landings to a 
full stop (with each landing involving a flight in the traffic 
pattern) at an airport;
    (iii) Three hours of flight training in a single engine airplane 
on the control and maneuvering of the airplane solely by reference 
to instruments, including straight and level flight, constant 
airspeed climbs and descents, turns to a heading, recovery from 
unusual flight attitudes, radio communications, and the use of 
navigation systems/facilities and radar services appropriate to 
instrument flight; and
    (iv) Three hours of flight training in a single engine airplane 
within 2 calendar months before the date of the practical test.
    (3) For the commercial pilot certificate, the course must 
include 55 hours of flight training on the areas of operations under 
part 141, appendix D, paragraph 4(d)(1). A flight simulator and 
flight training device cannot be

[[Page 42567]]

used to meet more than 16.5 hours of the training requirements, and 
the use of the flight training device is limited to 11 hours of the 
16.5 hours permitted. The course must include--
    (i) Five hours of instrument training in a single engine 
airplane that includes training using a view-limiting device on 
attitude instrument flying, partial panel skills, recovery from 
unusual flight attitudes, and intercepting and tracking navigational 
systems;
    (ii) Ten hours of training in an airplane that has retractable 
landing gear, flaps, and a controllable pitch propeller, or is 
turbine-powered;
    (iii) One 2-hour cross country flight during daytime conditions 
in a single engine airplane, a total straight-line distance of more 
than 100 nautical miles from the original point of departure;
    (iv) One 2-hour cross country flight during nighttime conditions 
in a single engine airplane, a total straight-line distance of more 
than 100 nautical miles from the original point of departure; and
    (v) Three hours in a single engine airplane within 2 calendar 
months before the date of the practical test.
    (4) For the airline transport pilot certificate, the course must 
include 25 hours flight training, including 15 hours of instrument 
training, in a single engine airplane on the areas of operation 
under part 141, appendix E, paragraph 4.(c). A flight simulator and 
flight training device cannot be used to meet more than 12.5 hours 
of the training requirements; and the use of the flight training 
device is limited to 6.25 hours of the 12.5 hours permitted.
    (b) Course for an additional airplane category and multiengine 
class rating.
    (1) For the private pilot certificate, the course requires 20 
hours flight training on the areas of operations under part 141, 
appendix B, paragraph 4.(d)(2). A flight simulator and flight 
training device cannot be used more than 4 hours to meet the 
training requirements, and use of the flight training device is 
limited to 3 hours of the 4 hours permitted. The course must 
include--
    (i) Three hours of cross country training in a multiengine 
airplane, except as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in a multiengine 
airplane that includes one cross country flight of more than 100 
nautical miles total distance, and 10 takeoffs and 10 landings to a 
full stop (with each landing involving a flight in the traffic 
pattern) at an airport;
    (iii) Three hours of flight training in a multiengine airplane 
on the control and maneuvering of a multiengine airplane solely by 
reference to instruments, including straight and level flight, 
constant airspeed climbs and descents, turns to a heading, recovery 
from unusual flight attitudes, radio communications, and the use of 
navigation systems/facilities and radar services appropriate to 
instrument flight; and
    (iv) Three hours of flight training in a multiengine airplane in 
preparation for the practical test within 2 calendar months before 
the date of the test.
    (2) For the commercial pilot certificate, the course requires 55 
hours flight training on the areas of operations under part 141, 
appendix D, paragraph 4.(d)(2). A flight simulator and flight 
training device cannot be used more than 16.5 hours to meet the 
training requirements, and use of the flight training device is 
limited to 11 hours of the 16.5 hours permitted. The course must 
include--
    (i) Five hours of instrument training in a multiengine airplane 
including training using a view-limiting device for attitude 
instrument flying, partial panel skills, recovery from unusual 
flight attitudes, and intercepting and tracking navigational 
systems;
    (ii) Ten hours of training in a multiengine airplane that has 
retractable landing gear, flaps, and a controllable pitch propeller, 
or is turbine-powered;
    (iii) One 2-hour cross country flight during daytime conditions 
in a multiengine airplane, and a total straight-line distance of 
more than 100 nautical miles from the original point of departure;
    (iv) One 2-hour cross country flight during nighttime conditions 
in a multiengine airplane, and a total straight-line distance of 
more than 100 nautical miles from the original point of departure; 
and
    (v) Three hours in a multiengine airplane within 2 calendar 
months before the date of the practical test.
    (3) For the airline transport pilot certificate, the course 
requires 25 hours of flight training in a multiengine airplane on 
the areas of operation under part 141, appendix E, paragraph 4.(c) 
that includes 15 hours of instrument training. A flight simulator 
and flight training device cannot be used more than 12.5 hours to 
meet the training requirements, and use of the flight training 
device is limited to 6.25 hours of the 12.5 hours permitted.
    (c) Course for an additional rotorcraft category and helicopter 
class rating.
    (1) For the recreational pilot certificate, the course requires 
15 hours of flight training on the areas of operations under part 
141, appendix A, paragraph 4.(c)(2) that includes--
    (i) Two hours of flight training to and at an airport that is 
located more than 25 nautical miles from the airport where the 
applicant normally trains, with three takeoffs and three landings, 
except as provided under Sec.  61.100 of this chapter; and
    (ii) Three hours of flight training in a rotorcraft category and 
a helicopter class aircraft within 2 calendar months before the date 
of the practical test.
    (2) For the private pilot certificate, the course requires 20 
hours flight training on the areas of operations under part 141, 
appendix B, paragraph 4.(d)(3). A flight simulator and flight 
training device cannot be used more than 4 hours to meet the 
training requirements, and use of the flight training device is 
limited to 3 hours of the 4 hours permitted. The course must 
include--
    (i) Except as provided under Sec.  61.111 of this chapter, 3 
hours of cross country flight training in a helicopter;
    (ii) Three hours of nighttime flight training in a helicopter 
that includes one cross country flight of more than 50 nautical 
miles total distance, and 10 takeoffs and 10 landings to a full stop 
(with each landing involving a flight in the traffic pattern) at an 
airport; and
    (iii) Three hours of flight training in a helicopter within 2 
calendar months before the date of the practical test.
    (3) The commercial pilot certificate level requires 30 hours 
flight training on the areas of operations under appendix D of part 
141, paragraph 4.(d)(3). A flight simulator and flight training 
device cannot be used more than 9 hours to meet the training 
requirements, and use of the flight training device is limited to 6 
hours of the 9 hours permitted. The course must include--
    (i) Five hours on the control and maneuvering of a helicopter 
solely by reference to instruments, and must include training using 
a view-limiting device for attitude instrument flying, partial panel 
skills, recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. This aeronautical experience may be 
performed in an aircraft, flight simulator, flight training device, 
or an aviation training device;
    (ii) One 2-hour cross country flight during daytime conditions 
in a helicopter, a total straight-line distance of more than 50 
nautical miles from the original point of departure;
    (iii) One 2-hour cross country flight during nighttime 
conditions in a helicopter, a total straight-line distance of more 
than 50 nautical miles from the original point of departure; and
    (iv) Three hours in a helicopter within 2 calendar months before 
the date of the practical test.
    (4) For the airline transport pilot certificate, the course 
requires 25 hours of flight training, including 15 hours of 
instrument training, in a helicopter on the areas of operation under 
part 141, appendix E, paragraph 4.(c). A flight simulator and flight 
training device cannot be used more than 12.5 hours to meet the 
training requirements, and use of the flight training device is 
limited to 6.25 hours of the 12.5 hours permitted.
    (d) Course for an additional rotorcraft category and a gyroplane 
class rating.
    (1) For the recreational pilot certificate, the course requires 
15 hours flight training on the areas of operations under part 141, 
appendix A, paragraph 4.(c)(3) that includes--
    (i) Two hours of flight training to and at an airport that is 
located more than 25 nautical miles from the airport where the 
applicant normally trains, with three takeoffs and three landings, 
except as provided under Sec.  61.100 of this chapter; and
    (ii) Three hours of flight training in a gyroplane class within 
2 calendar months before the date of the practical test.
    (2) For the private pilot certificate, the course requires 20 
hours flight training on the areas of operations under part 141, 
appendix B, paragraph 4.(d)(4). A flight simulator and flight 
training device cannot be used more than 4 hours to meet the 
training requirements, and use of the flight training device is 
limited to 3 hours of the 4 hours permitted. The course must 
include--
    (i) Three hours of cross country flight training in a gyroplane, 
except as provided under Sec.  61.111 of this chapter;

[[Page 42568]]

    (ii) Three hours of nighttime flight training in a gyroplane 
that includes one cross country flight of more than 50 nautical 
miles total distance, and 10 takeoffs and 10 landings to a full stop 
(with each landing involving a flight in the traffic pattern) at an 
airport; and
    (iii) Three hours of flight training in a gyroplane within 2 
calendar months before the date of the practical test.
    (3) For the commercial pilot certificate, the course requires 30 
hours flight training on the areas of operations of appendix D to 
part 141, paragraph 4.(d)(4). A flight simulator and flight training 
device cannot be used more than 6 hours to meet the training 
requirements, and use of the flight training device is limited to 6 
hours of the 9 hours permitted. The course must include--
    (i) 2.5 hours on the control and maneuvering of a gyroplane 
solely by reference to instruments, and must include training using 
a view-limiting device for attitude instrument flying, partial panel 
skills, recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. This aeronautical experience may be 
performed in an aircraft, flight simulator, flight training device, 
or an aviation training device.
    (ii) One 2-hour cross country flight during daytime conditions 
in a gyroplane, a total straight-line distance of more than 50 
nautical miles from the original point of departure;
    (iii) Two hours of flight training during nighttime 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); and
    (iv) Three hours in a gyroplane within 2 calendar months before 
the date of the practical test.
    (e) Course for an additional lighter-than-air category and 
airship class rating.
    (1) For the private pilot certificate, the course requires 20 
hours of flight training on the areas of operation under part 141, 
appendix B, paragraph 4.(d)(7). A flight simulator and flight 
training device cannot be used more than 4 hours to meet the 
training requirements, and use of the flight training device is 
limited to 3 hours of the 4 hours permitted. The course must 
include--
    (i) Three hours of cross country flight training in an airship, 
except as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in an airship that 
includes one cross country flight of more than 25 nautical miles 
total distance and 5 takeoffs and 5 landings to a full stop (with 
each landing involving a flight in the traffic pattern) at an 
airport;
    (iii) Three hours of flight training in an airship on the 
control and maneuvering of an airship solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs and descents, turns to a heading, recovery from unusual 
flight attitudes, radio communications, and the use of navigation 
systems/facilities and radar services appropriate to instrument 
flight; and
    (iv) Three hours of flight training in an airship within 2 
calendar months before the date of the practical test.
    (2) For the commercial pilot certificate, the course requires 55 
hours of flight training on the areas of operation under part 141, 
appendix D, paragraph 4.(d)(7). A flight simulator and flight 
training device cannot be used more than 16.5 hours to meet the 
training requirements, and use of the flight training device is 
limited to 11 hours of the 16.5 hours permitted. The course must 
include--
    (i) Three hours of instrument training in an airship that must 
include training using a view-limiting device for attitude 
instrument flying, partial panel skills, recovery from unusual 
flight attitudes, and intercepting and tracking navigational 
systems;
    (ii) One hour cross country flight during daytime conditions in 
an airship that consists of, a total straight-line distance of more 
than 25 nautical miles from the original point of departure;
    (iii) One hour cross country flight during nighttime conditions 
in an airship that consists of a total straight-line distance of 
more than 25 nautical miles from the original point of departure; 
and
    (iv) Three hours of flight training in an airship within 2 
calendar months before the date of the practical test.
    (f) Course for an additional lighter-than-air category and a gas 
balloon class rating.
    (1) For the private pilot certificate, the course requires eight 
hours of flight training that includes 5 training flights on the 
areas of operations under part 141, appendix B, paragraph 4(d)(8). A 
flight simulator and flight training device cannot be used more than 
1.6 hours to meet the training requirements, and use of the flight 
training device is limited to 1.2 hours of the 1.6 hours permitted. 
The course must include--
    (i) Two flights of 1 hour each;
    (ii) One flight involving a controlled ascent to 3,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
    (2) For the commercial pilot certificate, the course requires 10 
hours of flight training that includes eight training flights on the 
areas of operations under part 141, appendix D, paragraph 4(d)(8). A 
flight simulator and flight training device cannot be used more than 
3 hours to meet the training requirements, and use of the flight 
training device is limited to 2 hours of the 3 hours permitted. The 
course must include--
    (i) Two flights of 1 hour each;
    (ii) One flight involving a controlled ascent to 5,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
    (g) Course for an additional lighter-than-air category and a hot 
air balloon class rating.
    (1) For the private pilot certificate, the course requires eight 
hours of flight training that includes 5 training flights on the 
areas of operations under part 141, appendix B, paragraph 4(d)(8). A 
flight simulator and flight training device cannot be used more than 
1.6 hours to meet the training requirements, and use of the flight 
training device is limited to 1.2 hours of the 1.6 hours permitted. 
The course must include--
    (i) Two flights of 30 minutes each;
    (ii) One flight involving a controlled ascent to 2,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
    (2) For the commercial pilot certificate, the course requires 10 
hours of flight training that includes eight training flights on the 
areas of operation under part 141, appendix D, paragraph 4(d)(8). A 
flight simulator and flight training device cannot be used more than 
3 hours to meet the training requirements, and use of the flight 
training device is limited to 2 hours of the 3 hours permitted. The 
course must include--
    (i) Two flights of 30 minutes each;
    (ii) One flight involving a controlled ascent to 3,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
    (h) Course for an additional powered-lift category rating.
    (1) For the private pilot certificate, the course requires 20 
hours flight training on the areas of operations under part 141, 
appendix B, paragraph 4(d)(5). A flight simulator and flight 
training device cannot be used more than 4 hours to meet the 
training requirements, and use of the flight training device is 
limited to 3 hours of the 4 hours permitted. The course must 
include--
    (i) Three hours of cross country flight training in a powered-
lift except as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in a powered-lift 
that includes one cross-country flight of more than 100 nautical 
miles total distance, and 10 takeoffs and 10 landings to a full stop 
(with each landing involving a flight in the traffic pattern) at an 
airport;
    (iii) Three hours of flight training in a powered-lift on the 
control and maneuvering of a powered-lift solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs and descents, turns to a heading, recovery from unusual 
flight attitudes, radio communications, and the use of navigation 
systems/facilities and radar services appropriate to instrument 
flight;
    (iv) Three hours of flight training in a powered-lift within 2 
calendar months before the date of the practical test.
    (2) For the commercial pilot certificate, the course requires 55 
hours flight training on the areas of operations under part 141, 
appendix D, paragraph 4(d)(5). A flight simulator and flight 
training device cannot be used more than 16.5 hours to meet the 
training requirements, and use of the flight training device is 
limited to 11 hours of the 16.5 hours permitted. The course 
includes--
    (i) Five hours of instrument training in a powered-lift that 
must include training using a view-limiting device for attitude 
instrument flying, partial panel skills, recovery from unusual 
flight attitudes, and intercepting and tracking navigational 
systems;
    (ii) One 2-hour cross country flight during daytime conditions 
in a powered-lift, a total straight-line distance of more than 100 
nautical miles from the original point of departure;
    (iii) One 2-hour cross country flight during nighttime 
conditions in a powered-lift, a total straight-line distance of more 
than 100 nautical miles from the original point of departure; and
    (iv) Three hours of flight training in a powered-lift within 2 
calendar months before the date of the practical test.

[[Page 42569]]

    (3) For the airline transport pilot certificate, the course 
requires 25 hours flight training in a powered-lift on the areas of 
operation under part 141, appendix E, paragraph 4(c) that includes 
15 hours of instrument training. A flight simulator and flight 
training device cannot be used more than 12.5 hours to meet the 
training requirements, and use of the flight training device is 
limited to 6.25 hours of the 12.5 hours permitted.
    (i) Course for an additional glider category rating.
    (1) For the private pilot certificate, the course requires 4 
hours of flight training in a glider on the areas of operations 
under part 141, appendix B, paragraph 4(d)(6). A flight simulator 
and flight training device cannot be used more than 0.8 hours to 
meet the training requirements, and use of the flight training 
device is limited to 0.6 hours of the 0.8 hours permitted. The 
course must include--
    (i) Five training flights in a glider with a certificated flight 
instructor on the launch/tow procedures approved for the course and 
on the appropriate approved areas of operation listed under appendix 
B, paragraph 4(d)(6) of this part; and
    (ii) Three training flights in a glider with a certificated 
flight instructor within 2 calendar months before the date of the 
practical test.
    (2) The commercial pilot certificate level requires 4 hours of 
flight training in a glider on the areas of operation under part 
141, appendix D, paragraph 4.(d)(6). A flight simulator and flight 
training device cannot be used more than 0.8 hours to meet the 
training requirements, and use of the flight training device is 
limited to 0.6 hours of the 0.8 hours permitted. The course must 
include--
    (j) Course for an airplane additional single engine class 
rating.
    (1) For the private pilot certificate, the course requires 3 
hours of flight training in the areas of operations under part 141, 
appendix B, paragraph 4.(d)(1). A flight simulator and flight 
training device cannot be used more than 0.6 hours to meet the 
training requirements, and use of the flight training device is 
limited to 0.4 hours of the 0.6 hours permitted. The course must 
include--
    (i) Three hours of cross country training in a single engine 
airplane, except as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in a single engine 
airplane that includes one cross country flight of more than 100 
nautical miles total distance in a single engine airplane and 10 
takeoffs and 10 landings to a full stop (with each landing involving 
a flight in the traffic pattern) at an airport;
    (iii) Three hours of flight training in a single engine airplane 
on the control and maneuvering of a single engine airplane solely by 
reference to instruments, including straight and level flight, 
constant airspeed climbs and descents, turns to a heading, recovery 
from unusual flight attitudes, radio communications, and the use of 
navigation systems/facilities and radar services appropriate to 
instrument flight; and
    (iv) Three hours of flight training in a single engine airplane 
within 2 calendar months before the date of the practical test.
    (2) For the commercial pilot certificate, the course requires 10 
hours of flight training on the areas of operations under part 141, 
appendix D, paragraph 4.(d)(1).
    (i) Five hours of instrument training in a single engine 
airplane that must include training using a view-limiting device for 
attitude instrument flying, partial panel skills, recovery from 
unusual flight attitudes, and intercepting and tracking navigational 
systems.
    (ii) Ten hours of flight training in an airplane that has 
retractable landing gear, flaps, and a controllable pitch propeller, 
or is turbine-powered.
    (iii) One 2-hour cross country flight during daytime conditions 
in a single engine airplane and a total straight-line distance of 
more than 100 nautical miles from the original point of departure;
    (iv) One 2-hour cross country flight during nighttime conditions 
in a single engine airplane and a total straight-line distance of 
more than 100 nautical miles from the original point of departure; 
and
    (v) Three hours of flight training in a single engine airplane 
within 2 calendar months before the date of the practical test.
    (3) For the airline transport pilot certificate, the course 
requires 25 hours flight training in a single engine airplane on the 
areas of operation under appendix E to part 141, paragraph 4.(c), 
that includes 15 hours of instrument training. A flight simulator 
and flight training device cannot be used more than 12.5 hours to 
meet the training requirements, and use of the flight training 
device is limited to 6.25 hours of the 12.5 hours permitted.
    (k) Course for an airplane additional multiengine class rating.
    (1) For the private pilot certificate, the course requires 3 
hours of flight training on the areas of operations of appendix B to 
part 141, paragraph 4(d)(2). A flight simulator and flight training 
device cannot be used more than 0.6 hours to meet the training 
requirements, and use of the flight training device is limited to 
0.4 hours of the 0.6 hours permitted. The course must include--
    (i) Three hours of cross country training in a multiengine 
airplane, except as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in a multiengine 
airplane that includes one cross country flight of more than 100 
nautical miles total distance in a multiengine airplane, and 10 
takeoffs and 10 landings to a full stop (with each landing involving 
a flight in the traffic pattern) at an airport;
    (iii) Three hours of flight training in a multiengine airplane 
on the control and maneuvering of a multiengine airplane solely by 
reference to instruments, including straight and level flight, 
constant airspeed climbs and descents, turns to a heading, recovery 
from unusual flight attitudes, radio communications, and the use of 
navigation systems/facilities and radar services appropriate to 
instrument flight; and
    (iv) Three hours of flight training in a multiengine airplane 
within 2 calendar months before the date of the practical test.
    (2) For the commercial pilot certificate, the course requires 10 
hours of training on the areas of operations under appendix D of 
part 141, paragraph 4(d)(2). A flight simulator and flight training 
device cannot be used more than 3 hours to meet the training 
requirements, and use of the flight training device is limited to 2 
hours of the 3 hours permitted. The course must include--
    (i) Five hours of instrument training in a multiengine airplane 
that must include training using a view-limiting device on for 
attitude instrument flying, partial panel skills, recovery from 
unusual flight attitudes, and intercepting and tracking navigational 
systems;
    (ii) Ten hours of training in a multiengine airplane that has 
retractable landing gear, flaps, and a controllable pitch propeller, 
or is turbine-powered;
    (iii) One 2-hour cross country flight during daytime conditions 
in a multiengine airplane and, a total straight-line distance of 
more than 100 nautical miles from the original point of departure;
    (iv) One 2-hour cross country flight during nighttime conditions 
in a multiengine airplane and, a total straight-line distance of 
more than 100 nautical miles from the original point of departure; 
and
    (iv) Three hours of flight training in a multiengine airplane 
within 2 calendar months before the date of the practical test.
    (3) For the airline transport pilot certificate, the course 
requires 25 hours of training in a multiengine airplane on the areas 
of operation of appendix E to part 141, paragraph 4.(c) that 
includes 15 hours of instrument training. A flight simulator and 
flight training device cannot be used more than 12.5 hours to meet 
the training requirements, and use of the flight training device is 
limited to 6.25 hours of the 12.5 hours permitted.
    (l) Course for a rotorcraft additional helicopter class rating.
    (1) For the recreational pilot certificate, the course requires 
3 hours of flight training on the areas of operations under appendix 
A of part 141, paragraph 4.(c)(2) that includes--
    (i) Two hours of flight training to and at an airport that is 
located more than 25 nautical miles from the airport where the 
applicant normally trains, with three takeoffs and three landings, 
except as provided under Sec.  61.100 of this chapter; and
    (ii) Three hours of flight training in a helicopter within 2 
calendar months before the date of the practical test.
    (2) For the private pilot certificate, the course requires 3 
hours flight training on the areas of operations under appendix B of 
part 141, paragraph 4.(d)(3). A flight simulator and flight training 
device cannot be used more than 0.6 hours to meet the training 
requirements, and use of the flight training device is limited to 
0.4 hours of the 0.6 hours permitted. The course must include--
    (i) Three hours of cross country training in a helicopter, 
except as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in a helicopter 
that includes one cross country flight of more than 50 nautical 
miles total distance, and 10 takeoffs and 10 landings to a full stop 
(with each landing involving a flight in the traffic pattern) at an 
airport; and
    (iii) Three hours of flight training in a helicopter within 2 
calendar months before the date of the practical test.

[[Page 42570]]

    (3) For the commercial pilot certificate, the course requires 5 
hours flight training on the areas of operations under appendix D of 
part 141, paragraph 4.(d)(3). Use of a flight simulator and flight 
training device in the approved training course cannot exceed 1 
hour; however, use of the flight training device cannot exceed 0.7 
of the one hour. The course must include--
    (i) Five hours on the control and maneuvering of a helicopter 
solely by reference to instruments, and must include training using 
a view-limiting device for attitude instrument flying, partial panel 
skills, recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. This aeronautical experience may be 
performed in an aircraft, flight simulator, flight training device, 
or an aviation training device;
    (ii) One 2-hour cross country flight during daytime conditions 
in a helicopter and, a total straight-line distance of more than 50 
nautical miles from the original point of departure;
    (iii) One 2-hour cross country flight during nighttime 
conditions in a helicopter and a total straight-line distance of 
more than 50 nautical miles from the original point of departure; 
and
    (iv) Three hours of flight training in a helicopter within 2 
calendar months before the date of the practical test.
    (4) For the airline transport pilot certificate, the course 
requires 25 hours of flight training in a helicopter on the areas of 
operation under appendix E of part 141, paragraph 4.(c) that 
includes 15 hours of instrument training. A flight simulator and 
flight training device cannot be used more than 12.5 hours to meet 
the training requirements, and use of the flight training device is 
limited to 6.25 hours of the 12.5 hours permitted.
    (m) Course for a rotorcraft additional gyroplane class rating.
    (1) For the recreational pilot certificate, the course requires 
3 hours flight training on the areas of operations of appendix A to 
part 141, paragraph 4.(c)(3) that includes--
    (i) Except as provided under Sec.  61.100 of this chapter, 2 
hours of flight training to and at an airport that is located more 
than 25 nautical miles from the airport where the applicant normally 
trains, with three takeoffs and three landings; and
    (ii) Within 2 calendar months before the date of the practical 
test, 3 hours of flight training in a gyroplane.
    (2) For the private pilot certificate, the course requires 3 
hours flight training on the areas of operations of appendix B to 
part 141, paragraph 4.(d)(4). A flight simulator and flight training 
device cannot be used more than 0.6 hours to meet the training 
requirements, and use of the flight training device is limited to 
0.4 hours of the 0.6 hours permitted. The course must include--
    (i) Three hours of cross country training in a gyroplane;
    (ii) Three hours of nighttime flight training in a gyroplane 
that includes one cross country flight of more than 50 nautical 
miles total distance, and 10 takeoffs and 10 landings to a full stop 
(with each landing involving a flight in the traffic pattern) at an 
airport; and
    (iii) Three hours of flight training in a gyroplane within 2 
calendar months before the date of the practical test.
    (3) For the commercial pilot certificate, the course requires 5 
hours flight training on the areas of operations of appendix D to 
part 141, paragraph 4.(d)(4). A flight simulator and flight training 
device cannot be used more than 1 hour to meet the training 
requirements, and use of the flight training device is limited to 
0.7 hours of the 1 hour permitted. The course must include--
    (i) 2.5 hours on the control and maneuvering of a gyroplane 
solely by reference to instruments, and must include training using 
a view-limiting device for attitude instrument flying, partial panel 
skills, recovery from unusual flight attitudes, and intercepting and 
tracking navigational systems. This aeronautical experience may be 
performed in an aircraft, flight simulator, flight training device, 
or an aviation training device.
    (ii) Three hours of cross country flight training in a 
gyroplane, except as provided under Sec.  61.111 of this chapter;
    (iii) Two hours of flight training during nighttime 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); and
    (iv) Three hours of flight training in a gyroplane within 2 
calendar months before the date of the practical test.
    (n) Course for a lighter-than-air additional airship class 
rating.
    (1) For the private pilot certificate, the course requires 20 
hours of flight training on the areas of operation under appendix B 
of part 141, paragraph 4.(d)(7). A flight simulator and flight 
training device cannot be used more than 4 hours to meet the 
training requirements, and use of the flight training device is 
limited to 3 hours of the 4 hours permitted. The course must 
include--
    (i) Three hours of cross country training in an airship, except 
as provided under Sec.  61.111 of this chapter;
    (ii) Three hours of nighttime flight training in an airship that 
includes one cross country flight of more than 25 nautical miles 
total distance, and 5 takeoffs and 5 landings to a full stop (with 
each landing involving a flight in the traffic pattern) at an 
airport;
    (iii) Three hours of flight training in an airship on the 
control and maneuvering of an airship solely by reference to 
instruments, including straight and level flight, constant airspeed 
climbs and descents, turns to a heading, recovery from unusual 
flight attitudes, radio communications, and the use of navigation 
systems/facilities and radar services appropriate to instrument 
flight; and
    (iv) Three hours of flight training in an airship within 2 
calendar months before the date of the practical test.
    (2) For the commercial pilot certificate, the course requires 55 
hours of flight training on the areas of operation under appendix D 
of part 141, paragraph 4.(d)(7). A flight simulator and flight 
training device cannot be used more than 16.5 hours to meet the 
training requirements, and use of the flight training device is 
limited to 11 hours of the 16.5 hours permitted. The course must 
include--
    (i) Three hours of instrument training in an airship that must 
include training using a view-limiting device for attitude 
instrument flying, partial panel skills, recovery from unusual 
flight attitudes, and intercepting and tracking navigational 
systems;
    (ii) One hour cross country flight during daytime conditions in 
an airship that consists of a total straight-line distance of more 
than 25 nautical miles from the original point of departure;
    (iii) One hour cross country flight during nighttime conditions 
in an airship that consists of a total straight-line distance of 
more than 25 nautical miles from the original point of departure; 
and
    (iv) Three hours of flight training in an airship within 2 
calendar months before the date of the practical test.
    (o) Course for a lighter-than-air additional gas balloon class 
rating.
    (1) For the private pilot certificate, the course requires eight 
hours of flight training that includes 5 training flights on the 
areas of operations under appendix B of part 141, paragraph 
4.(d)(8). A flight simulator and flight training device cannot be 
used more than 1.6 hours to meet the training requirements, and use 
of the flight training device is limited to 1.2 hours of the 1.6 
hours permitted. The course must include--
    (i) Two flights of 1 hour each;
    (ii) One flight involving a controlled ascent to 3,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
    (2) For the commercial pilot certificate, the course requires 10 
hours of flight training that includes eight training flights on the 
areas of operations of appendix D to part 141, paragraph 4.(d)(8). A 
flight simulator and flight training device cannot be used more than 
3 hours to meet the training requirements, and use of the flight 
training device is limited to 2 hours of the 3 hours permitted. The 
course must include--
    (i) Two flights of 1 hour each;
    (ii) One flight involving a controlled ascent to 5,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
    (p) Course for a lighter-than-air additional hot air balloon 
class rating.
    (1) For the private pilot certificate, the course requires 8 
hours of flight training that includes 5 training flights on the 
areas of operations of appendix B to part 141, paragraph 4.(d)(8). A 
flight simulator and flight training device cannot be used more than 
1.6 hours to meet the training requirements, and use of the flight 
training device is limited to 1.2 hours of the 1.6 hours permitted. 
The course must include--
    (i) Two flights of 30 minutes each;
    (ii) One flight involving a controlled ascent to 2,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
    (2) For the commercial pilot certificate, the course requires 10 
hours of flight training that includes eight training flight on the 
areas of operation of appendix D to part 141, paragraph 4.(d)(8). A 
flight simulator and flight training device cannot be used more than 
3 hours to meet the training requirements, and use of the flight 
training

[[Page 42571]]

device is limited to 2 hours of the 3 hours permitted. The course 
must include--
    (i) Two flights of 30 minutes each.
    (ii) One flight involving a controlled ascent to 3,000 feet 
above the launch site; and
    (iii) Two flights within 2 calendar months before the date of 
the practical test.
* * * * *

    Issued in Washington, DC, on August 5, 2009.
J. Randolph Babbitt,
Administrator.
[FR Doc. E9-19353 Filed 8-20-09; 8:45 am]

BILLING CODE 4910-13-P
