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Wednesday,

February 7, 2007

Part II

Department of
Transportation
Federal Aviation Administration

14 CFR Parts 61, 91 and 141


Pilot, Flight Instructor, and Pilot School
Certification; Proposed Rule
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5806 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

DEPARTMENT OF TRANSPORTATION Nassif Building, 400 Seventh Street, a pre-addressed, stamped postcard on
SW., Washington, DC, between 9 a.m. which the docket number appears. We
Federal Aviation Administration and 5 p.m., Monday through Friday, will stamp the date on the postcard and
except Federal holidays. mail it to you.
14 CFR Parts 61, 91, and 141 FOR FURTHER INFORMATION CONTACT: John II. Proprietary or Confidential Business
[Docket No. FAA–2006–26661; Notice No. D. Lynch, Certification and General Information
06–20] Aviation Operations Branch, AFS–810,
General Aviation and Commercial Do not file in the docket information
RIN 2120–AI86 that you consider to be proprietary or
Division, Flight Standards Service,
Federal Aviation Administration, 800 confidential business information. Send
Pilot, Flight Instructor, and Pilot
Independence Avenue, SW., or deliver this information directly to
School Certification
Washington, DC 20591; Telephone No. the person identified in the FOR FURTHER
AGENCY: Federal Aviation (202) 267–3844; e-mail INFORMATION CONTACT section of this
Administration (FAA), DOT. john.d.lynch@faa.gov. document. You must mark the
ACTION: Notice of proposed rulemaking information that you consider
SUPPLEMENTARY INFORMATION:
(NPRM). proprietary or confidential. If you send
I. Comments Invited the information on a disk or CD–ROM,
SUMMARY: The FAA proposes to amend The FAA invites interested persons to mark the outside of the disk or CD–ROM
the training, qualification, certification, participate in this rulemaking by and also identify electronically within
and operating requirements for pilots, submitting written comments, data, or the disk or CD–ROM the specific
flight instructors, ground instructors, views. We also invite comments relating information that is proprietary or
and pilot schools. These changes are to the economic, environmental, energy, confidential.
needed to clarify, update, and correct or federalism impacts that might result Under 14 CFR 11.35(b), when we are
our existing regulations. These changes from adopting the proposals in this aware of proprietary information filed
are intended to ensure that flight document. The most helpful comments with a comment, we do not place it in
crewmembers have the training and reference a specific portion of the the docket. We hold it in a separate file
qualifications to enable them to operate proposal, explain the reason for any to which the public does not have
aircraft safely. recommended change, and include access, and place a note in the docket
DATES: Send your comments to reach us supporting data. We ask that you send that we have received it. If we receive
on or before May 8, 2007. us two copies of written comments. a request to examine or copy this
ADDRESSES: You may send comments, We will file in the docket all information, we treat it as any other
identified by Docket Number FAA– comments we receive, as well as a request under the Freedom of
2006–26661, using any of the following report summarizing each substantive Information Act (5 U.S.C. 552). We
methods: public contact with FAA personnel process such a request under the DOT
• DOT Docket Web site: Go to http:// concerning this proposed rulemaking. procedures found in 49 CFR part 7.
dms.dot.gov and follow the instructions The docket is available for public III. Availability of Rulemaking
for sending your comments inspection before and after the comment Documents
electronically. closing date. If you wish to review the
• Government-wide rulemaking Web docket in person, go to the address in (1) You can get an electronic copy
site: Go to http://www.regulations.gov the ADDRESSES section of this preamble using the Internet by: Searching the
and follow the instructions for sending between 9 a.m. and 5 p.m., Monday Department of Transportation’s
your comments electronically. through Friday, except Federal holidays. electronic Docket Management System
• Mail: Docket Management Facility; You may also review the docket using (DMS) Web page at http://dms.dot.gov/
U.S. Department of Transportation, 400 the Internet at the web address in the search;
Seventh Street, SW., Nassif Building, ADDRESSES section. (2) Visiting the FAA’s Regulations and
Room PL–401, Washington, DC 20590– Privacy Act: Using the search function Policies Web page at: http://
0001. of our docket Web site, anyone can find www.faa.gov/regulations_policies; or
• Fax: 1–202–493–2251. and read the comments received into (3) Accessing the Government
• Hand Delivery: Room PL–401 on any of our dockets, including the name Printing Office’s Web page at: http://
the plaza level of the Nassif Building, of the individual sending the comment www.gpoaccess.gov/fr/index.html.
400 Seventh Street, SW., Washington, (or signing the comment on behalf of an You can also get a copy by sending a
DC, between 9 a.m. and 5 p.m., Monday association, business, labor union, etc.). request to the Federal Aviation
through Friday, except Federal holidays. You may review DOT’s complete Administration, Office of Rulemaking,
For more information on the Privacy Act Statement in the Federal ARM–1, 800 Independence Avenue,
rulemaking process, see the Register published on April 11, 2000 SW., Washington, DC 20591, or by
SUPPLEMENTARY INFORMATION section of (65 FR 19477–78) or you may visit calling (202) 267–9680. Make sure to
this document. http://dms.dot.gov. identify the docket number, notice
Privacy: We will post all comments Before acting on this proposal, we number, or amendment number of this
we receive, without change, to http:// will consider all comments we receive rulemaking.
dms.dot.gov, including any personal on or before the closing date for
IV. Authority for This Rulemaking
information you provide. For more comments. We will consider comments
information, see the Privacy Act filed late if it is possible to do so The FAA’s authority to issue rules
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discussion in the SUPPLEMENTARY without incurring expense or delay. We regarding aviation safety is found in
INFORMATION section of this document. may change this proposal in light of the Title 49 of the United States Code.
Docket: To read background comments we receive. Subtitle I, § 106 describes the authority
documents or comments received, go to If you want the FAA to acknowledge of the FAA Administrator, including the
http://dms.dot.gov at any time or to receipt of your comments on this authority to issue, rescind, and revise
Room PL–401 on the plaza level of the proposal, include with your comments regulations. Subtitle VII, Aviation

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5807

Programs, describes in more detail the and experience rules of part 61, the and qualifications for operating with
scope of the agency’s authority. ground instructor certification, training, night vision goggles. The ARAC was
This rulemaking is promulgated and experience rules of subpart I of part convened because the FAA recognized
under the authority described in 61, and the certification rules of part the use of NVGs had increased
Subtitle VII, Part A, Chapter 447—Safety 141 for FAA-approved pilot schools significantly—the cost of the equipment
Regulation. Under § 44701, the FAA is (See 62 FR 16220). Since that time, we had decreased and the equipment itself
charged with promoting safe flight of have determined that changes are had become easier to use. Hence, the
civil aircraft in air commerce by needed to clarify and refine these aviation community asked the FAA to
prescribing regulations necessary for regulations and address problems standardize the equipment and the
safety. Under § 44703, the FAA issues discovered since we issued the final corresponding training programs. The
an airman certificate to an individual rule. We also received a number of information shared and the decisions
when we find, after investigation, that sound suggestions from the regulated made from the February 2000 ARAC
the individual is qualified for, and community through petitions for meeting are the basis for these proposed
physically able to perform the duties rulemaking, industry/agency meetings, NVG rules.
related to, the position authorized by and requests for interpretation.
the certificate. In this NPRM, we are Consequently, we are proposing VI. Summary Table on the Proposed
proposing to amend the training, revisions and making clarifications Changes
qualification, certification, and under part 61 that pertain to pilot, flight
operating requirements for pilots, flight The table below lists the changes
instructor, and ground instructor contained in this NPRM in order of their
instructors, ground instructors, and certification requirements. We also are
pilot schools. Code of Federal Regulations (CFR)
proposing to make revisions to part 141 designations. The table is organized as
These changes are intended to ensure and its appendixes, which apply to
that flight crewmembers have the follows: The first column, identified as
FAA-approved pilot schools. ‘‘Proposal No.,’’ refers to the paragraph
training and qualifications to enable
them to operate aircraft safely. For this One significant proposal under this number in the ‘‘Description of Proposed
reason, the proposed changes are within notice involves pilot and flight Changes’’ portion of this preamble
the scope of our authority and are a instructor training and qualifications for where a detailed discussion of the
reasonable and necessary exercise of our operating with night vision goggles proposed change appears. The second
statutory obligations. (NVG). In February 2000, FAA Flight column gives the CFR designation of the
Standards Service personnel and an regulation we are proposing to change.
V. Background FAA Aviation Rulemaking Advisory The third column, identified as
On April 4, 1997, the FAA published Committee (ARAC) met in Washington, ‘‘Summary of the Proposed Changes,’’
a final rule amending the pilot and DC to discuss establishing requirements provides a brief summary of the
flight instructor certification, training, for pilot and flight instructor training proposed amendment.

Proposal No. CFR designation Summary of the proposed changes

1 ...................... § 61.1(b)(15) ......................... Add a definition for the term ‘‘night vision goggles.’’
2 ...................... § 61.1(b)(14) ......................... Add a definition for the term ‘‘night vision goggle operations.’’
3 ...................... § 61.1(b)(2)(i) ....................... Add the term ‘‘current’’ for the ground instructor certificate under the definition of authorized in-
structor.
3 ...................... § 61.1(b)(2)(ii) ....................... Correct the term ‘‘current’’ and add the term ‘‘valid’’ for the flight instructor certificate under the
definition of authorized instructor.
3 ...................... § 61.1(b)(5) ........................... Add the definition of ‘‘current’’ to airman certificates, ratings, and authorizations, which would
mean the pilot has met the appropriate recent flight experience requirements of part 61 for
the flight operation being conducted and the pilot’s medical certificate has not expired, if a
medical certificate is required.
3 ...................... § 61.1(b)(22) ......................... Add the definition of ‘‘valid’’ for airman certificates, ratings, and authorizations, which would
mean the airmen certificate, ratings, and authorizations have not been surrendered, sus-
pended, revoked, or expired.
3 ...................... § 61.3(a)(1) ........................... Add the qualifier ‘‘current and valid.’’
3 ...................... § 61.3(f)(2)(i) & (ii) ................ Add the qualifier ‘‘current and valid.’’
3 ...................... § 61.3(c) ............................... Add the qualifier ‘‘current and valid.’’
3 ...................... § 61.3(g)(2)(i), (ii) ................. Add the qualifier ‘‘current and valid.’’
4 ...................... § 61.3(j)(1) ............................ Delete the phrase ‘‘Except as provided in paragraph (j)(3) of this section.’’
4 ...................... § 61.3(j)(3) ............................ Delete this provision because the dates have passed.
5 ...................... § 61.19(b) ............................. Extend the duration period for student pilot certificates for persons under the age of 40 years.
6 ...................... § 61.19(b)(3) ......................... Extend the duration period for student pilot certificates for persons seeking the glider or balloon
rating to 36 calendar months.
7 ...................... § 61.19(d) ............................. Establish flight instructor certificates without expiration dates.
8 & 81 ............. § 61.19(e) ............................. Parallel the ground instructor certificate duration with the ground instructor currency require-
ments in proposed § 61.217.
9 ...................... § 61.23(a)(3)(iv)–(v) ............. Make minor editorial changes to the medical certificate requirements.
9 ...................... § 61.23(a)(3)(vii) ................... Permit Examiners to hold only a 3rd class medical certificate as already provided for in FAA
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Order 8710.3D.
10 .................... § 61.23(b)(3) ......................... Clarify the no medical certificate requirement for when persons are exercising the privileges of
their pilot certificate when operating a balloon or a glider.
11 .................... § 61.23(b)(7) ......................... Clarify the no medical certificate requirement for Examiners who are administering practical
tests in a glider, balloon, flight simulator, or flight training device.
12 .................... § 61.23(b)(8) ......................... Clarify the no medical certificate requirement when taking a practical test in a glider, balloon,
flight simulator, or flight training device.

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5808 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

Proposal No. CFR designation Summary of the proposed changes

13 .................... § 61.23(b)(9) ......................... Add a provision excusing U.S. military pilots from obtaining an FAA medical certification, pro-
vided he or she holds a current medical examination from a medical facility of the U.S.
Armed Forces and the flight does not involve a flight in air transportation service under parts
121, 125, or 135 of this chapter.
14 .................... § 61.29(d)(3) ......................... Delete the requirement that a person furnish their social security number.
15 .................... § 61.31(d)(1) ......................... Make minor editorial change.
15 .................... § 61.31(d)(2) ......................... Delete existing paragraph (d)(2).
15 .................... § 61.31(d)(3) ......................... Re-designate existing paragraph (d)(3) as paragraph (d)(2).
16 .................... § 61.31(l) .............................. Establish training for operating with night vision goggles.
17 .................... § 61.35(a)(2)(iv) .................... Clarify when a person must show their current residential address when making application for
a knowledge test.
18 .................... § 61.39(b)(2) ......................... Delete the word ‘‘scheduled’’ in front of the phrase ‘‘U.S. military air transport operations.’’
3 ...................... § 61.39(c)(1) ......................... Add the qualifier ‘‘valid.’’
19 .................... § 61.39(c)(2) ......................... Delete the exception that an applicant does not have to receive an instructor endorsement for
an additional aircraft class rating. Sections 61.39(a)(6) and 61.63(c) require an instructor en-
dorsement.
20 .................... § 61.39(d) & (e) .................... Change the phrase ‘‘60 calendar days’’ to read ‘‘2 calendar months’’ for the training required
prior to the practical test.
21 .................... § 61.43(a) and (b) ................ Clarify when single pilot performance is required on the practical test vs. permitting issuance of
the ‘‘second in command’’ limitation.
22 .................... § 61.45(a)(2)(iii) .................... Define a military aircraft for the purpose of using it for a practical test.
23 .................... § 61.45(c) ............................. Except gliders from the requirement that aircraft used for a practical test must have engine
power controls and flight controls that are easily reached and operable in a conventional
manner by both pilots.
24 .................... § 61.51(b)(3)(iv) .................... Add a provision for logging night vision goggle time.
27 .................... § 61.51(b)(1)(iv) .................... Revise the instructions for logbook entries to include personal computer aviation training device
§ 61.51(b)(2)(v) .................... (PCATD).
§ 61.51(b)(3)(iii) ....................
25 .................... § 61.51(e)(1) ......................... Correct an omission and permit airline transport pilots (ATPs) to log pilot-in-command (PIC)
flight time.
26 .................... § 61.51(e)(1)(iv) .................... Permit a pilot who is performing the duties of PIC while under the supervision of a qualified PIC
to log PIC time.
27 .................... § 61.51(g)(4) ......................... Clarify use of flight simulator, flight training device, PCATD to conform to current practice and
require that an instructor be present to observe the session and sign the person’s logbook.
28 .................... § 61.51(j) .............................. Establish that an aircraft must hold an airworthiness certificate, with some exceptions, for a pilot
to log flight time to meet the certificate, rating, or recent flight experience requirements under
part 61.
29 .................... § 61.51(k) ............................. Add the criteria and standards for logging night vision goggle time.
30 .................... § 61.57(c)(1) ......................... Revise the instrument recent flight experience for maintaining instrument privileges in airplanes,
powered-lifts, helicopters, and airships.
30 .................... § 61.57(c)(2)–(5) .................. Permit the use of flight simulators, flight training devices, or PCATD for performing instrument
recent flight experience.
30 .................... § 61.57(c)(6) ......................... Revise the instrument recent flight experience for maintaining instrument privileges in gliders.
31 .................... § 61.57(d) ............................. Clarify when an instrument proficiency check must be completed to serve as the PIC under IFR
or in weather conditions less than the minimums prescribed for VFR.
32 .................... § 61.57(f) .............................. Add a night vision goggle recent operating experience requirement to remain PIC qualified for
night vision goggle operations.
33 .................... § 61.57(g) ............................. Add a night vision goggle proficiency check requirement to remain PIC qualified for night vision
goggle operations.
34 .................... § 61.59(a)–(c) ....................... Add clarifying language to address falsification, reproduction, alteration and incorrect state-
ments.
35 .................... § 61.63 ................................. Change the title to read ‘‘Additional aircraft ratings (other than for ratings at the airline transport
pilot certificate level).’’
35 .................... § 61.63(c)(4) ......................... Clarify what is intended for those applicants who hold only a lighter than air (LTA)-Balloon rat-
ing and who seek an LTA-Airship rating.
35 .................... § 61.63(d)(5) ......................... Add a provision in subparagraph (5) to account for aircraft not capable of instrument flight. Par-
allels proposed § 61.157(b)(3).
35 .................... § 61.63(e) ............................. Re-designate paragraph (h) as paragraph (e). Amend the requirements for permitting use of air-
craft not capable of instrument flight for a rating. Parallels proposed § 61.157(g).
35 .................... § 61.63(f) .............................. Clarify that an applicant for type rating in a multiengine, single seat airplane must meet the re-
quirements in the multi-seat version of that type airplane, or the examiner must be in a posi-
tion to observe the applicant during the practical test. Parallels proposed § 61.157(h).
35 .................... § 61.63(g) ............................. Clarify that an applicant for type rating in a single engine, single seat airplane may meet the re-
quirements in a multi-seat version of that type airplane, or the examiner must be in a position
to observe the applicant during the practical test. Parallels proposed § 61.157(i).
36 .................... § 61.64 ................................. Place the existing § 61.63(e), (f), and (g) and § 61.157(g), (h), and (i) that address the require-
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ments for using flight simulators and flight training devices into proposed § 61.64
35 .................... § 61.63(h) ............................. Re-designate paragraph (k) as paragraph (h). Clarify that certain tasks may be waived if the
FAA has approved the task to be waived to parallel § 61.157(m).
36 .................... § 61.64(a) and (b) ................ Move § 61.63(e) and § 61.157(g) to proposed § 61.64. Simplify and amend the requirements
and limitations for use of a flight simulator or flight training device for an airplane rating.
36 .................... § 61.64(a)(2)(i) & (ii) ............. Clarify that to use a flight simulator for training and testing for the airplane category, class, or
type rating, the type rating cannot contain the supervised operating experience limitation.

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Proposal No. CFR designation Summary of the proposed changes

36 .................... § 61.64(c) and (d) ................ Move § 61.63(f) and § 61.157(h) to proposed § 61.64. Simplify and amend the requirements and
limitations for use of a flight simulator or flight training device for a helicopter rating.
36 .................... § 61.64(c)(2)(i) & (ii) ............. Clarify that to use a flight simulator for training and testing for the helicopter class or type rat-
ing, the type rating cannot contain the supervised operating experience limitation.
36 .................... § 61.64(e) and (f) ................. Move § 61.63(g) and § 61.157(i) to proposed § 61.64. Simplify and amend the requirements and
limitations for use of a flight simulator or flight training device for a powered-lift rating.
36 .................... § 61.64(e)(2)(i) & (ii) ............. Clarify that to use a flight simulator for training and testing for the powered-lift category or type
rating, the type rating cannot contain the supervised operating experience limitation.
37 .................... § 61.65(d) ............................. Require at least 10 hours of cross-country time as PIC to be in an airplane appropriate to the
instrument rating sought, so that it conforms to the ICAO requirements for instrument rating.
37 .................... § 61.65(e) ............................. Require at least 10 hours of cross-country time as PIC to be in a helicopter appropriate to the
instrument rating sought, so that it conforms to the ICAO requirements for instrument rating.
37 .................... § 61.65(f) .............................. Require at least 10 hours of cross-country time as PIC to be in a powered-lift appropriate to the
instrument rating sought, so that it conforms to the ICAO requirements for instrument rating.
37 .................... § 61.65(g) ............................. Make minor changes to address the usage of flight simulator and flight training devices for the
instrument rating. Re-designate paragraph (e) as paragraph (g).
38 .................... § 61.65(h) ............................. Permit the use of a PCATD to be used for 10 hours of instrument time.
3 ...................... § 61.69(a)(1) ......................... Require tow pilots’ certificates to be ‘‘current and valid.’’
39 .................... § 61.69(a)(4) ......................... Correct typographical error involving the word ‘‘or.’’
40 .................... § 61.69(a)(6) ......................... Increase the recent flight experience requirements for tow pilots from 12 months to 24 months.
41 .................... § 61.73(b) ............................. Combine existing paragraphs (b), (c), and (d) into proposed paragraph (b). Delete the require-
ment that military pilots and former military pilots must be on active flying status within the
past 12 months to qualify under these special rules. Delete the requirement that military pilots
and former military pilots must have PIC status to qualify for pilot certification under these
special rules. Also, minor editorial changes.
41 .................... § 61.73(c) ............................. Delete paragraph (c). Propose that military pilots of an Armed Force of a foreign contracting
State to ICAO qualify for U.S. Commercial Pilot Certificates and ratings provided they are as-
signed in an operational U.S. military unit for other than for flight training purposes.
41 .................... § 61.73(d) ............................. Re-designate paragraph (e) as (d). Minor editorial changes.
41 .................... § 61.73(e) ............................. Re-designate paragraph (f) as (e). Minor editorial changes.
41 .................... § 61.73(f) .............................. Re-designate paragraph (g) as (f). Delete the phrase ‘‘as pilot in command during the 12 cal-
endar months before the month of application.’’ Minor editorial changes.
42 .................... § 61.73(g) ............................. Allow issuing flight instructor certificates and ratings to military instructor pilots who graduate
from a U.S. military instructor pilot school with an instructor pilot qualification.
43 .................... § 61.73(h) ............................. Clarify the evidentiary documents required to qualify military pilots for a pilot certificate and rat-
ings under the special rules of § 61.73 for military pilots.
44 .................... § 61.75(a) ............................. Require foreign pilot license to be at the level of private pilot certificate or higher to be issued a
U.S. private pilot certificate. Change the requirement for the foreign pilot certificate from being
‘‘current’’ to ‘‘valid.’’
44 .................... § 61.75(b) ............................. Require foreign pilot license to be at the level of private pilot certificate or higher to be issued a
U.S. private pilot certificate. Change the requirement for the foreign pilot certificate from being
‘‘current’’ to ‘‘valid.’’
3 ...................... § 61.75(b)(2) ......................... Require foreign pilot certificates to be ‘‘valid.’’
45 .................... § 61.75(b)(3) ......................... Add ‘‘other than a U.S. student pilot certificate.’’
46 .................... § 61.75(c) ............................. Add the qualifier ‘‘for private pilot privileges only’’ to clarify issuance of U.S. private pilot certifi-
cates based on foreign pilot licenses.
3 ...................... § 61.75(d) ............................. Add the qualifier ‘‘valid.’’
47 .................... § 61.75(e) ............................. Correct an error: where the rule states ‘‘U.S. private pilot certificate,’’ it should state ‘‘U.S. pilot
certificate.’’
47 .................... § 61.75(e)(1) ......................... Correct an error: where the rule states ‘‘private pilot privilege,’’ it should state ‘‘pilot privileges
authorized by this part and the limitations placed on that U.S. pilot certificate.’’
47 .................... § 61.75(e)(4) ......................... Correct an error: where the rule states ‘‘U.S. private pilot certificate,’’ it should state ‘‘U.S. pilot
certificate.’’
47 .................... § 61.75(f) .............................. Correct an error: where the rule states ‘‘U.S. private pilot certificate,’’ it should state ‘‘U.S. pilot
certificate’’ in 2 places.
47 .................... § 61.75(g) ............................. Correct an error: where the rule states ‘‘U.S. private pilot certificate,’’ it should state ‘‘U.S. pilot
certificate’’ in 2 places.
48 .................... § 61.77(a)(2) ......................... Clarify who can be issued a special purpose pilot authorization.
48 .................... § 61.77(b)(1) ......................... Clarify the requirements for issuance of a special purpose pilot authorization.
3 ...................... § 61.77(b)(1) ......................... Require foreign pilot licenses to be ‘‘current’’ and ‘‘valid.’’
48 .................... § 61.77(b)(5) ......................... Delete a requirement that an applicant have documentation of meeting the recent flight experi-
ence requirements of part 61 to be issued a special purpose pilot authorization.
49 .................... § 61.96(b)(9) ......................... Require an applicant for a recreational pilot certificate to hold a student pilot certificate.
50 .................... § 61.101(e)(1)(iii) .................. Exclude aircraft that are certificated as rotorcraft from the 180 horsepower powerplant limitation.
51 .................... § 61.103(j) ............................ Require a private pilot certificate applicant to hold a valid student pilot certificate, or a rec-
reational pilot certificate.
52 .................... § 61.109(a)(5)(ii) ................... Change the distance on a cross-country flight for private pilot certification—single-engine air-
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plane rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’
52 .................... § 61.109(b)(5)(ii) ................... Change the distance on a cross-country flight for private pilot certification—multi-engine air-
plane rating from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’
53 .................... § 61.109(c)(4)(ii) ................... Change the distance on the solo cross-country flight for private pilot certification—helicopter rat-
ing to conform to ICAO requirements. Change the distance on a cross-country flight for pri-
vate pilot certification—helicopter rating from ‘‘at least 25 nautical miles’’ to read ‘‘more than
25 nautical miles.’’

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Proposal No. CFR designation Summary of the proposed changes

54 .................... § 61.109(d)(5)(ii) ................... Change the distance on the solo cross-country flight for private pilot certification—gyroplane rat-
ing to conform to ICAO requirements. Change the distance on a cross-country flight for pri-
vate pilot certification—gyroplane rating from ‘‘at least 25 nautical miles’’ to read ‘‘more than
25 nautical miles.’’
52 .................... § 61.109(e)(5)(ii) ................... Change the distance on a cross-country flight for private pilot certification—powered-lift rating
from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’
55 .................... § 61.127(b)(4)(vi) .................. Add ‘‘ground reference maneuvers’’ as an area of operation for commercial pilot certification—
gyroplane rating.
56 .................... § 61.127(b)(5)(vii) ................. Delete ‘‘ground reference maneuvers’’ for commercial pilot certification powered lift rating.
57 .................... § 61.129(a)(3)(i) ................... Clarify the instrument training tasks required for commercial pilot certification—airplane single-
engine rating by requiring training using a view-limiting device.
62 .................... § 61.129(a)(3)(iii) .................. Allow the day 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 .................... § 61.129(a)(3)(iv) .................. Allow the cross-country flight at night time for commercial pilot certification airplane single-en-
gine rating to be performed under VFR or IFR.
64 .................... § 61.129(a)(4) ....................... Permit training to be performed solo or with an instructor onboard for commercial pilot certifi-
cation—airplane single-engine rating.
58 .................... § 61.129(b)(3)(i) ................... Require instrument training tasks for commercial pilot certification airplane multiengine rating to
include training using a view-limiting device.
62 .................... § 61.129(b)(3)(iii) .................. Allow the day cross-country flight for commercial pilot certification multiengine airplane rating to
be performed under VFR or IFR.
62 .................... § 61.129(b)(3)(iv) .................. Allow the cross-country flight at night time for commercial pilot certification multiengine airplane
rating to be performed under VFR or IFR.
62 .................... § 61.129(c)(3)(i) .................... Reduce the hour requirements on the control and maneuvering of a helicopter solely by ref-
erence to instruments from 10 hours to 5 hours for commercial pilot certification-helicopter
rating and permit it to be performed in an aircraft, flight simulator, or flight training device.
Clarify the control and maneuvering of a helicopter solely by reference to instruments re-
quired for commercial pilot certification for the helicopter rating must include training using a
view-limiting device.
62 .................... § 61.129(c)(3)(ii) ................... Permit the day cross-country flight for commercial pilot certification—helicopter rating to be per-
formed under VFR or IFR.
62 .................... § 61.129(c)(3)(iii) .................. Permit the cross-country flight at night time for commercial pilot certification—helicopter rating
to be performed under VFR or IFR.
64 .................... § 61.129(c)(4) ....................... Permit training for commercial pilot certification helicopter rating to be performed solo or with an
instructor onboard.
60 .................... § 61.129(d)(3)(i) ................... Reduce the instrument training for commercial pilot certification—gyroplane rating to 2.5 hours
on the control and maneuvering of a gyroplane solely by reference to instrument and permit it
to be conducted in an aircraft, flight simulator, or flight training device. Clarify the control and
maneuvering of a gyroplane solely by reference to instrument required for commercial pilot
certification gyroplane rating must include training using a view-limiting device.
62 .................... § 61.129(d)(3)(ii) ................... Allow the day cross-country flight for commercial pilot certification gyroplane rating to be per-
formed under VFR or IFR.
63 .................... § 61.129(d)(3)(iii) .................. Delete the requirement for a cross-country flight at night time for commercial pilot certification—
gyroplane rating and establish it as ‘‘At least two hours of flight training during night-time con-
ditions 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 .................... § 61.129(d)(4) ....................... Permit training for commercial pilot certification—gyroplane rating to be performed solo or with
an instructor onboard.
61 .................... § 61.129(e)(3)(i) ................... Require that instrument training tasks for commercial pilot certification—powered-lift rating must
include training using a view-limiting device.
61 .................... § 61.129(e)(3)(ii) ................... Permit the cross-country flight at night time for commercial pilot certification—powered-lift rating
to be performed under VFR or IFR.
62 .................... § 61.129(e)(3)(iii) .................. Permit the cross-country flight at night time for commercial pilot certification—powered-lift rating
to be performed under VFR or IFR.
64 .................... § 61.129(e)(4) ....................... Permit training for commercial pilot certification—powered-lift rating to be performed solo or with
an instructor onboard.
64 .................... § 61.129(g)(2) ....................... Permit training for commercial pilot certification—airship rating to be performed either solo or
while performing the duties of PIC with an instructor onboard.
65 .................... § 61.129(g)(3) ....................... Reformat paragraph (3) into subparagraphs (i) and (ii). Clarify the instrument training tasks for
commercial pilot certification—airship rating require instrument training using a view-limiting
device.
62 .................... § 61.129(g)(4)(ii) & (iii) ......... Permit the cross-country training for commercial pilot certification—airship rating to be per-
formed under VFR or IFR.
3 ...................... § 61.133(a)(1) ....................... Require commercial pilot certificates to be ‘‘current and valid.’’
3 ...................... § 61.153(d) ........................... Require pilot certificate and instrument rating to be ‘‘valid.’’
66 .................... § 61.153(d)(3)(i), (ii) ............. Further clarify the additional condition to qualify for a U.S. ATP certificate on the basis of a for-
eign pilot certificate.
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67 .................... § 61.157 ............................... Reprint this section in its entirety due to many changes.
67 .................... § 61.157(b) ........................... Add the language ‘‘or a type rating that is completed concurrently with an airline transport pilot
certificate’’ so the rule more clearly states what is intended. Reformat this section so as to
establish a paragraph (g) that permits the use of an aircraft not capable of instrument flight
for a type rating to be added to an existing ATP certificate. Parallels proposed § 61.63(e).
36 & 67 ........... § 61.157(g) ........................... Use of flight simulators and flight training devices and applicant qualifications for the airplane
rating at the ATP certification level. Move to proposed § 61.64 as paragraph (a) and (b).

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Proposal No. CFR designation Summary of the proposed changes

36 & 67 ........... § 61.157(h) ........................... Use of flight simulators and flight training devices and applicant qualifications for the helicopter
rating at the ATP certification level. Move to proposed § 61.64 as paragraph (c) and (d).
36 & 67 ........... § 61.157(i) ............................ Use of flight simulators and flight training devices and applicant qualifications for the powered-
lift rating at the ATP certification level. Move to proposed § 61.64 as paragraph (e) and (f).
67 .................... § 61.157(g) ........................... Re-designate paragraph (j) as paragraph (g). Amends the requirements for permitting use of
aircraft not capable of instrument flight for a rating to permit the issuance of a ‘‘VFR Only’’
limitation for ATP certification. Parallels proposed § 61.63(e).
68 .................... § 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 posi-
tion to observe the applicant during the practical test. Parallels proposed § 61.63(f).
69 .................... § 61.157(i) ............................ Adds a provision to permit an applicant for type rating in a single engine, single seat airplane to
be performed in a multi-seat version of that type airplane, or the examiner must be in a posi-
tion to observe the applicant during the practical test. Parallels proposed § 61.63(g).
70 .................... § 61.159(c)(3) ....................... Add a provision to accommodate the crediting of flight engineer time for U.S. military flight engi-
neers for qualifying for an ATP certificate that is similar to what is provided for crediting flight
engineer time under part 121.
71 .................... § 61.159(d) ........................... Clarify when an applicant may be issued an ATP certificate with the ICAO endorsement.
71 .................... § 61.159(e) ........................... Clarify a holder of an ATP certificate with the ICAO endorsement may have the endorsement
removed after meeting the aeronautical experience of proposed § 61.159(d).
3 ...................... § 61.167(a) ........................... Require an ATP certificate to be ‘‘valid.’’
3 ...................... § 61.167(b)(3) ....................... Require ATP certificates be ‘‘current and valid.’’
72 .................... § 61.187(b)(6)(vii) ................. Delete the ‘‘go around maneuver’’ for flight instructor certification for the glider rating.
3 ...................... § 61.193 ............................... Require flight instructor certificate be ‘‘current and valid.’’
73 .................... § 61.195(c)(1) & (2) .............. Establish the flight instructor qualifications for providing instrument training in flight to be a CFII
in the appropriate category and class of aircraft.
74 .................... § 61.195(d)(3) ....................... Delete requirement that a flight instructor must sign a student’s certificate for authorizing solo
flight in Class B airspace.
75 .................... § 61.195(k) ........................... Add flight instructor qualifications for giving the PIC night vision goggle qualification and cur-
rency training.
3 ...................... § 61.197(a) ........................... Require flight instructor certificate to be ‘‘current.’’
7 ...................... § 61.197(a)(2) ....................... Establish flight instructor renewal procedures without requiring re-issuance of the actual certifi-
cate.
7 ...................... § 61.199(a) ........................... Establish flight instructor reinstatement procedures without requiring re-issuance of the actual
certificate. Additionally, clarify the reinstatement requirements for a single practical test for re-
newal of the other ratings held.
3 ...................... § 61.215(a), (c), (d) .............. Require ground instructor certificates to be ‘‘current and valid.’’
76 .................... § 61.215(b) ........................... Delete the privilege of AGIs to provide training and endorsement for instrument training.
3 ...................... § 61.215(b) ........................... Require AGI certificates to be ‘‘current and valid.’’
77 .................... § 61.217(a)—(d) ................... Establish new currency requirements for ground instructors.
78 .................... § 91.205(i) ............................ Establish the required instruments & equipment for night vision goggle operations.
79 .................... § 141.5(a)—(e) ..................... Clarify that the ‘‘counters’’ for the pass rate must be 10 different people and that no one grad-
uate can be counted more than once.
80 .................... § 141.9 ................................. Correct the rule language for issuing examining authority.
81 .................... § 141.33(d)(2) ....................... Reduce the number of student enrollments to 10 students to qualify for a check instructor posi-
tion.
82 .................... § 141.39 ............................... Permit the use of foreign registered aircraft for those part 141 training facilities that are located
outside of the United States and where the training is conducted outside of the United States.
83 .................... § 141.53(c)(1) ....................... Delete subparagraph (c)(1) to remove an obsolete date.
84 .................... § 141.55(e)(2)(ii) ................... Correct the phrase ‘‘the practical or knowledge test, or any combination thereof’’ because it
should state ‘‘the practical or knowledge test, as appropriate.’’
85 .................... § 141.77(c)(1), (2), & (3) ...... Make a technical correction to the language in the rules about the proficiency and knowledge
test required for transfer students to a part 141 pilot school.
86 .................... § 141.85(a)(1) & (d) ............. Clarify duties and responsibilities that chief instructor may delegate to an assistant chief instruc-
tor and recommending instructor.
87 .................... B. 2. ..................................... Change the eligibility requirement for enrollment into the flight portion of the private pilot certifi-
cation course to only require a recreational or student pilot certificate prior to entry into the
solo phase of the flight portion.
88 .................... B. 4(b)(1)(i) .......................... In the private pilot certification—single-engine airplane course, change the training required to
‘‘on the control and maneuvering of a single-engine airplane solely by reference to instru-
ments’’ instead of calling it ‘‘instrument training.’’
88 .................... B. 4(b)(2)(i) .......................... In the private pilot certification—multiengine airplane course, change the training required to ‘‘on
the control and maneuvering of a multiengine airplane solely by reference to instruments.’’
88 .................... B. 4(b)(5)(i) .......................... In the private pilot certification—powered-lift course, change the training required to ‘‘on the
control and maneuvering of a powered-lift solely by reference to instruments.’’
89 .................... B. 5(a)(1) .............................. Change the distance on a cross-country flight in the private pilot certification—airplane single-
engine course from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’
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90 .................... B. 5(b)(1) .............................. Change the distance on a cross-country flight in the private pilot certification—airplane multien-
gine course from ‘‘at least 50 nautical miles’’ to ‘‘more than 50 nautical miles.’’
91 .................... B. 5(c)(1) .............................. Change the distance on a cross-country flight in the private pilot certification—helicopter course
to conform to ICAO requirements which require a cross-country flight of at least 100 nautical
miles. Change the phrase ‘‘at least 25 nautical miles’’ to ‘‘more than 25 nautical miles.’’
92 .................... B. 5(d)(1) .............................. Change the distance on a cross-country flight in the private pilot certification—gyroplane course
from ‘‘at least 25 nautical miles’’ to ‘‘more than 25 nautical miles.’’

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Proposal No. CFR designation Summary of the proposed changes

93 .................... B. 5(e)(1) .............................. Change the distance on a cross-country flight in the private pilot certification—powered lift
course from ‘‘at least 50 nautical miles’’ to’’ more than 50 nautical miles.’’
94 .................... C. 4(b)(5) & (6) .................... Allow approval of instrument rating courses that give credit for instrument training on a PCATD.
100 .................. D. 4(b)(1)(i) .......................... Require that the instrument training tasks for the commercial pilot certification—airplane single-
engine course include training using a view-limiting device.
99 .................... D. 4(b)(1)(ii) ......................... Allow the complex airplane training in the commercial pilot certificate—single-engine airplane
course to be performed in either in a single-engine complex airplane or multiengine complex
airplane.
96 .................... D. 4(b)(1)(iii) ......................... Allow the day cross-country flight for the commercial pilot certificate airplane course to be per-
formed under VFR or IFR.
96 .................... D. 4(b)(1)(iv).
96 .................... D. 4(b)(2)(i).
96 .................... D. 4(b)(2)(iii).
96 .................... D. 4(b)(2)(iv).
100 .................. D. 4(b)(3)(i) .......................... Require that the instrument training tasks for the commercial pilot certification—helicopter
course include using a view-limiting device.
96 .................... D. 4(b)(3)(ii) ......................... Allow the day cross-country flight in the commercial pilot certificate helicopter course to be per-
formed under VFR or IFR.
96 .................... D. 4(b)(3)(iii).
100 .................. D. 4(b)(4)(i) .......................... Require that the instrument training tasks for the commercial pilot certification—gyroplane
course include using a view-limiting device.
96 .................... D. 4(b)(4)(ii) ......................... Allow the day cross-country flight in the commercial pilot certificate gyroplane course to be per-
formed under VFR or IFR.
97 .................... D. 4(b)(4)(iii) ......................... Require a night time cross-country flight in the commercial pilot certificate—gyroplane course to
include at least two hours of flight training during night-time conditions at an airport, that in-
cludes 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the
traffic pattern).
100 .................. D. 4(b)(5)(i) .......................... Require that the instrument training tasks for the commercial pilot certification—powered-lift
course include using a view-limiting device.
96 .................... D. 4(b)(5)(ii) ......................... Allow the day cross-country flight in the commercial pilot certificate powered-lift course to be
performed under VFR or IFR.
96 .................... D. 4(b)(5)(iii).
100 .................. D. 4(b)(7)(i) .......................... Require that the instrument training tasks for the commercial pilot certification—airship course
include using a view-limiting device.
96 .................... D. 4(b)(7)(ii) ......................... Allow the day cross-country flight in the commercial pilot certificate—airship rating course to be
performed under VFR or IFR.
96 .................... D. 4(b)(7)(iii).
98 .................... D. 4(d)(4)(vi) ........................ Add ‘‘ground reference maneuvers’’ as an area of operation for the gyroplane rating in the com-
mercial pilot certificate course.
95 .................... D. 5(a), (c ), (d), & (e) ......... Allow training to be performed solo or with an instructor onboard for the commercial pilot certifi-
cate courses.
101 .................. E. 2 ...................................... Requires a person prior to having completed the flight portion of the ATP course to have met
the ATP aeronautical experience requirements of part 61, subpart G.
102 .................. I. 3 & 4 ................................. Clarify the amount and content of ground and flight training for the add-on aircraft category and/
or class rating courses in the recreational, private, commercial, and ATP certification courses.

VII. Description of Proposed Changes reference utilizing NVGs in an aircraft under part 61 to exercise the privileges
that is approved for NVG operations.’’ of that certificate.
The numbered paragraphs in this
section describe the substantive changes (3) Proposal to require airman The FAA encourages comments as to
we are proposing. Readers should note whether our review of inserting the
certificates, ratings, and authorizations
we are also making many editorial terms ‘‘current’’ and ‘‘valid’’ throughout
to be ‘‘valid’’ and/or ‘‘current,’’ where
changes to the text of parts 61 and 141 part 61 has been sufficiently exhaustive
and when appropriate.
for the purpose of clarity. and whether the approach is even
The FAA has received inquiries as to needed. One could conclude that
(1) Proposal to define ‘‘night vision including the terms may lead to greater
the meaning and application of the
goggles.’’ ambiguity since they are arguably
terms ‘‘valid’’ and ‘‘current’’ as they
The FAA proposes to define ‘‘night appear in part 61. Neither term is implicit. That is, all certificates, ratings,
vision goggles’’ (NVG) under defined under the rules. The terms are or authorizations must be both
§ 61.1(b)(13) as ‘‘an appliance worn by ‘‘current’’ and ‘‘valid,’’ or else they may
used in some sections of part 61, but not
a pilot that enhances the pilot’s ability not be relied upon. Based on the
consistently or universally. In this
to maintain visual surface reference at comments received on this proposal and
proposal, the FAA proposes definitions
night.’’ further analysis, we may decide to
for the terms ‘‘current’’ and ‘‘valid’’ withdraw the proposed definitions, and
under proposed § 61.1(b)(4) and (20).
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(2) Proposal to define ‘‘night vision we may even eliminate the use of these
goggle operation.’’ We have also attempted to qualify when terms ‘‘current’’ and ‘‘valid’’ throughout
a person must hold a ‘‘valid,’’ ‘‘current,’’ part 61.
The FAA proposes to define ‘‘night
vision goggle operation’’ under or a ‘‘valid and current’’ pilot, flight Under proposed § 61.1(b)(20), a
§ 61.1(b)(14) as ‘‘a flight at night where instructor, and ground instructor ‘‘valid’’ pilot, flight instructor, or
the pilot maintains visual surface certificate, rating, or authorization ground instructor certificate, rating, or

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5813

authorization would mean the month after the month of the date of the FAA’s Airman Certification Branch in
certificate has not been surrendered, examination shown on the certificate). Oklahoma City, OK, but the applicants
suspended, revoked, or expired. Under Without the proposed change, persons would then only be required to have
proposed § 61.1(b)(4), the term under the age of 40 years would have their logbooks endorsed by a FIRC
‘‘current’’ as it relates to a pilot the student pilot portion of their operator or by the FAA. In lieu of the
certificate, rating, or authorization certificate expire, but the medical logbook endorsement, the flight
would mean the pilot has met the portion of that certificate would remain instructor renewal applicant could
appropriate recent flight experience current. Therefore, the FAA proposes to simply receive a completion certificate
requirements under part 61 for the flight amend § 61.19(b) so that it parallels the or a stamp in their logbook from a FIRC
operation being conducted. The term 3rd class medical duration provisions operator or from the FAA. The FAA is
‘‘current’’ as it relates to a flight under § 61.23(c)(3). tailoring this proposal to similar
instructor certificate would mean the procedures established for pilots who
(6) Proposal to extend the duration
flight instructor meets the flight accomplish their § 61.57 flight review or
period to 36 calendar months for the
instructor recent experience required § 61.58 PIC proficiency check. However,
student pilot certificate for persons
under § 61.197. The term ‘‘current’’ as it the FAA wants to maintain the
seeking a balloon or glider rating.
relates to a ground instructor certificate procedure of requiring flight instructor
would mean the ground instructor Proposed § 61.19(b)(3) would extend renewal applicants to send a completed
meets the recent experience required the duration period of a student pilot FAA Form 8710–1 to the FAA’s Airman
under § 61.217. certificate for persons seeking a balloon Certification Branch because the FAA
We are proposing to add either or glider rating to 36 calendar months. believes this procedure is important for
‘‘valid’’ or ‘‘current,’’ or both, in: Since persons who seek a balloon and maintaining order on flight instructor
§§ 61.1(b)(2)(i) and (ii), (4), and (20); glider rating are not required to hold a renewals and also for being able to
61.3(a)(1), (c), (f)(2)(i) and (ii), and medical certificate, it is reasonable to retain statistical data on flight
(g)(2)(i) and (ii); 61.39(c)(1), 61.69(a)(1); extend the student pilot certificate to 36 instructors.
61.75(b)(2) and (d); 61.77(b)(1); calendar months as discussed in the Under this proposal, § 61.197(a)(2)
61.103(j); 61.133(a)(1); 61.153(d)(1) and previous paragraph. Under this would state that a person who holds a
(3); 61.167(a) and (b)(3); the proposal, however, the duration period flight instructor certificate may renew
introductory language of 61.193; would be 36 calendar months regardless the certificate by ‘‘receiving an
61.197(a); and 61.215(a), (b), (c), and (d). of the age of the applicant. endorsement in his or her logbook or on
(7) Proposal to issue flight instructor another suitable document that is
(4) Proposal to delete an obsolete date
certificate without an expiration date acceptable to the FAA * * * ,’’ to
in § 61.3(j)(3).
and to clarify reinstatement provide flight instructor renewal
Under existing § 61.3(j)(3), the rule applicants significant leeway to show
makes reference to some obsolete dates requirements.
compliance with § 61.197. Additionally,
and the rule is no longer needed. The The FAA proposes to amend for the same reasons, this language
rule states ‘‘Until December 20, 1999, a §§ 61.19(d), 61.197(a), and 61.199 to would be included in proposed
person may serve as a pilot in allow the issuance of flight instructor § 61.199(a)(2) for flight instructor
operations covered by this paragraph certificates without an expiration date. reinstatement applicants. Those
after that person has reached his or her This proposal responds to a petition for instructors who hold flight instructor
60th birthday if, on March 20, 1997, that rulemaking from the Aircraft Owners certificates with expiration dates would
person was employed as a pilot in and Pilots Association (AOPA) Safety be permitted to continue to hold those
operations covered by this paragraph.’’ Foundation. By letter, dated September certificates indefinitely and would just
December 20, 1999 has now passed, and 14, 1999, AOPA petitioned the FAA to have to comply with the renewal
the FAA is proposing to delete revise § 61.19(d), § 61.195(a), (b), and procedures of § 61.197 or reinstatement
§ 61.3(j)(3) in its entirety. Subsequently, (c), § 61.197(a) and (b), and § 61.199(a). procedures of § 61.199, as appropriate,
it is necessary to delete the phrase The FAA was already working on this to maintain their flight instructor
‘‘Except as provided in paragraph (j)(3) proposed rule; therefore we responded ‘‘privileges.’’ Regardless of what method
of this section’’ under § 61.3(j)(1). to AOPA’s petition by acknowledging is used to show compliance with
receipt of the petition and informing § 61.197 (i.e., logbook entry, completion
(5) Proposal to revise the duration of the them their petition would be considered
student pilot certificate. certification, or a stamp inserted in the
under this rulemaking. applicant’s logbook, etc.), the FAA
The FAA proposes to amend The AOPA Safety Foundation’s expects the flight instructor renewal/
§ 61.19(b) so that the duration period for petition states that it believes the flight reinstatement applicant’s record to
the student pilot certificate coincides instructor renewal process results in show the completion date and
with the medical duration provisions burdening flight instructor renewal expiration date of the renewal/
under § 61.23(c)(3). Since the FAA applicants and the operators of flight reinstatement.
adopted a new duration period for the instructor refresher clinics (FIRCs) with Additionally, the FAA has received
3rd class medical certificate for persons unnecessary paperwork. The FAA several inquires concerning whether an
who have not reached their 40th would still require that flight instructors applicant who holds an expired flight
birthday, there has been a conflict renew their privileges every 24 calendar instructor certificate may reinstate that
between the duration period for the months to exercise the privileges of certificate by satisfactorily completing
student pilot portion of the certificate their flight instructor certificate, but it an additional flight instructor rating
under § 61.19(b) (i.e., ‘‘expires 24 would be done without requiring the re- practical test. As an example, the person
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calendar months from the month in issuance of the flight instructor holds an expired flight instructor
which it is issued’’) and the duration certificate. The FAA envisions that certificate with an Airplane Single-
period for the medical portion of the flight instructor renewal applicants Engine and a Multiengine rating. The
certificate for persons who have not would continue to send a completed person then makes application for an
reached their 40th birthday under FAA Form 8710–1, ‘‘Airman Certificate Instrument-Airplane additional flight
§ 61.23(c)(3) (i.e., ‘‘The 36th calendar and/or Rating Application,’’ to the instructor rating and wishes to reinstate

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5814 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

his or her flight instructor certificate by certificate requirements for Examiners applicant is receiving a test or check for
satisfactorily accomplishing the with the medical certificate a certificate, rating, or authorization in
Instrument-Airplane additional flight requirements that are contained in FAA a glider, balloon, flight simulator, or
instructor rating practical test. In Order 8710.3D. FAA Order 8710.3D flight training device, the applicant is
accordance with FAA Order 8700.1, requires that an Examiner hold only a not required to hold a medical
page 11–3, paragraph 13, ‘‘the holder of 3rd class medical certificate when certificate.
an expired flight instructor certificate performing practical tests in an aircraft Existing § 61.23(b)(8) states that an
issued after November 1, 1975, may (with an exception for Examiners applicant is not required to hold a
have all ratings on the certificate administering practical tests in a glider medical certificate when receiving a test
reinstated by satisfactorily completing a or balloon). or check for a certificate, rating, or
single practical test.’’ Therefore, the authorization in a flight simulator or
(10) Proposal to clarify that persons flight training device. The words
FAA proposes to amend § 61.199(a) to exercising the privileges of a glider or
read: ‘‘glider’’ and ‘‘balloon’’ were
balloon rating are not required to hold inadvertently left out when the rule was
(a) Flight instructor certificates. The a medical certificate.
holder of a flight instructor certificate last revised.
who has not complied with the recent The FAA proposes to amend
§ 61.23(b)(3) to clarify that persons (13) Proposal to excuse military pilots of
flight instructor experience the U.S. Armed Forces from having to
requirements under § 61.197 may exercising the privileges of a glider or
balloon rating are not required to hold obtain an FAA medical certificate.
reinstate flight instructor privileges by:
(1) Completing and passing a flight a medical certificate. The FAA has The FAA proposes to add a new
instructor practical test, as prescribed received questions about the wording of § 61.23(b)(9) to excuse military pilots
under § 61.183(h); and § 61.23(b)(3). Some have asked whether from having to hold an FAA medical
(2) Receiving an endorsement in his the no medical certificate requirement certificate. Military pilots would be
or her logbook or on another document for operating a balloon or a glider required to complete a medical
that is acceptable to the FAA that shows applies only when a person is taking a examination for flight status as a
the applicant completed and passed a practical test for a glider or balloon military pilot from a flight surgeon at a
flight instructor practical test, as rating, or whether it applies when a military medical facility of the United
prescribed under § 61.183(h). person is exercising the privileges of a States. The examination would have to
This proposed amendment removes glider or balloon rating. The rule is be current.
the current provision that states that a intended to apply in both situations. In accordance with existing
holder of an expired flight instructor The FAA is proposing to amend § 61.39(a)(4), for a military pilot to be
certificate may obtain a new one by § 61.23(b)(3) to clarify that persons eligible for a practical test for an airman
passing a practical test ‘‘for one of the exercising the privileges of their glider certificate or rating issued under part
ratings listed on the expired flight or balloon rating in a glider or a balloon, 61, an applicant must ‘‘hold at least a
instructor certificate.’’ as appropriate, are not required to hold current third-class medical certificate.’’
The proposed amendment would a medical certificate. As further The FAA has determined that the
permit the reinstatement of a flight discussed in proposed § 61.23(b)(8), a medical examinations provided by a
instructor certificate, either by person also is not required to hold a U.S. Armed Forces medical facility to
satisfactorily accomplishing an medical certificate when taking a military pilots equals or exceeds the
additional flight instructor rating practical test for a balloon or glider content and quality of a medical
practical test or by satisfactorily rating. certification required by the FAA.
accomplishing a practical test on one of Therefore, the FAA proposes to amend
(11) Proposal to add situations where an § 61.23 by adding paragraph (b)(9) and
the ratings listed on the expired flight
Examiner need not hold a medical excuse pilots of the U.S. Armed Forces
instructor certificate.
certificate. from having to hold an FAA medical
(8) Proposal to standardize the recent The FAA proposes to amend certificate provided that: (1) The pilot
experience requirements for ground § 61.23(b)(7) to establish that when an completed a medical examination for
instructor certificates. Examiner or a Check Airman is flight status as a military pilot from a
The FAA proposes to amend administering a test or check for an flight surgeon at a U.S. military medical
§ 61.19(e) by linking the currency airman certificate, rating, or facility; (2) The examination is current;
requirements for the ground instructor authorization in a glider, balloon, flight and (3) The flight does not involve a
certificate with the duration period simulator, or flight training device, he or flight in air transportation service under
requirements. The purpose is to further she would not be required to hold a parts 121, 125, or 135 of this chapter.
clarify the currency requirements for medical certificate. Existing
(14) Proposal to delete the requirement
ground instructors. Since the issuance § 61.23(b)(7) states that an Examiner or
for a person to furnish their social
of § 61.19(e), there have been some Check Airman is not required to hold a
security number.
questions about how a ground instructor medical certificate when administering
remains current. Therefore, the FAA a test or check for a certificate, rating, The FAA proposes to delete the
proposes to amend § 61.19(e) by linking or authorization in a flight simulator or requirement under § 61.29(d)(3) that a
this provision with the recent flight training device. The words person who requests replacement of a
experience requirements under ‘‘glider’’ and ‘‘balloon’’ were lost or destroyed airman certificate,
proposed § 61.217. inadvertently left out when the rule was medical certificate, or knowledge test
last revised. report must furnish their social security
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(9) Proposal to require Examiners to number. By law, the FAA cannot require
hold only a 3rd class medical certificate. (12) Proposal to add situations where an a person to furnish his or her social
The FAA proposes to amend applicant need not hold a medical security number. A person, however,
§ 61.23(a)(3)(vii) to require Examiners to certificate. may voluntarily provide his or her
hold only a 3rd class medical certificate. The FAA proposes to amend social security number as a means to
The FAA wants to parallel the medical § 61.23(b)(8) to establish that when an establish his or her identity.

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5815

(15) Proposal to delete § 61.31(d)(2). person must show proof of their current (21) Proposal to clarify when an
The FAA proposes to delete residential address at the time of applicant has the choice to perform the
§ 61.31(d)(2), which requires a PIC of an application for a knowledge test. The practical test as a single pilot or use a
aircraft to receive ‘‘training for the purpose of this change is to conform the second in command.
purpose of obtaining an additional pilot instructions in proposed The FAA is proposing to revise
certificate and rating that are § 61.35(a)(2)(iv) with the instructions in § 61.43(b) to clarify when an applicant
appropriate to that aircraft, and be existing § 61.60. can perform the practical test as a single
under the supervision of an authorized (18) Proposal to delete the word pilot or use a second in command. If a
instructor.’’ The FAA has received ‘‘scheduled’’ in front of the phrase ‘‘U.S. second in command pilot is used under
inquiries about the difference between proposed § 61.43(b)(3), the limitation
military air transport operations.’’
subparagraphs (d)(2) and (d)(3), and the ‘‘Second in Command Required’’ would
FAA determined that these The purpose for this proposal is to be placed on the applicant’s pilot
subparagraphs conflict with one delete the word ‘‘scheduled’’ that certificate. Also, we are proposing to
another. Furthermore, subparagraph appears in front of the phrase ‘‘U.S. revise § 61.43(a) by moving existing
(d)(2) conflicts with § 61.51(e)(1)(i). military air transport operations’’ under § 61.43(a)(5) into proposed § 61.43(b).
When the FAA initially proposed § 61.39(b)(2) because there is no such Under proposed § 61.43(b)(1), if the
§ 61.31(d), it was considering coining a thing as ‘‘scheduled’’ U.S. military aircraft’s FAA-approved aircraft flight
new phrase that was to be known as transport operations. manual requires the pilot flight crew
‘‘supervised PIC flight’’ that would complement be a single pilot, then the
allow a PIC who was in training to act (19) Proposal to delete the phrase ‘‘or a applicant would be required to
as PIC of an aircraft if properly class rating with an associated type demonstrate single pilot proficiency on
supervised by the person’s flight rating’’ in reference to the endorsement the practical test.
instructor. (See 60 FR 41160, 41227, exception for applying for an additional Under proposed § 61.43(b)(2), if the
August 11, 1995). The ‘‘supervised PIC aircraft class rating. aircraft’s type certification data sheet
flight’’ concept was not adopted in the requires the pilot flight crew
final rule, but subparagraph (d)(2) The FAA proposes to delete the complement be a single pilot, then the
erroneously remained in the final rule. phrase ‘‘or a class rating with an applicant would be required to
(See 62 FR 16220.) Subparagraph (d)(3) associated type rating’’ under demonstrate single pilot proficiency on
of § 61.31 covers what the FAA § 61.39(c)(2) for applying for an the practical test.
currently requires in order to act as PIC additional aircraft class rating. Existing The Cessna 172, Cessna 310, Piper
and for logging PIC time under §§ 61.39(a)(6) and 61.63(c) require an Malibu (PA–44), and Beech Baron (BE–
§ 61.51(e)(1)(i). applicant for a practical test for an 58) are examples of aircraft whose flight
additional aircraft class rating to have manuals and/or type certification data
(16) Proposal to add training and received a logbook or training record sheets require the pilot flight crew
qualification requirements for pilots endorsement from an authorized complement be a single pilot.
who want to operate with night vision instructor. Existing § 61.39(c)(2) Under proposed § 61.43(b)(3), if the
goggles. FAA Flight Standardization Board
incorrectly suggests that an
Proposed § 61.31(k) would require endorsement is not required for an report, FAA-approved aircraft flight
ground and flight training and a one- applicant for an aircraft class rating. manual, or aircraft type certification
time instructor endorsement for a pilot Thus, the FAA is proposing to amend data sheet allows the pilot flight crew
to act as a PIC during NVG operations. § 61.39(c)(2) by removing the phrase ‘‘or complement to be either a single pilot,
Also, the FAA proposes to a class rating with an associated type or a pilot and a copilot, then the
‘‘grandfather’’ those PICs who rating’’ to clarify that we are not applicant may perform the practical test
previously qualified as a PIC for NVG excepting applicants for an aircraft type as a single pilot or with a copilot. If the
operations under § 61.31(k). Under rating from obtaining an endorsement applicant performs the practical test
proposed subparagraph (3), a pilot from an authorized instructor. with a copilot, the limitation of ‘‘Second
would not need the ‘‘one-time’’ NVG in Command Required’’ will be placed
training and endorsement, provided the (20) Proposal to clarify the time frame on the applicant’s pilot certificate.
pilot can document satisfactory for completing a practical test. Under proposed § 61.43(b)(3), the
accomplishment of any of the following ‘‘Second in Command Required’’
pilot checks for using NVGs in an The FAA proposes to change the limitation may be removed if and when
aircraft: phrase ‘‘60 calendar days’’ in § 61.39(d) the applicant passes the practical test by
• Completion of an official pilot and (e) to read ‘‘2 calendar months.’’ demonstrating single-pilot proficiency
proficiency check for using NVGs and The purpose is to make it simpler to in the aircraft in which single-pilot
that check was conducted by the U.S. calculate the time for when a segmented privileges are sought.
Armed Forces; or practical test must be completed. An Examples of aircraft for which a FAA
• Completion of a pilot proficiency applicant who accomplishes a Flight Standardization Board has
check for using NVGs under part 135 of segmented practical test would be approved the minimum pilot flight crew
this chapter and that check was required to complete the entire practical compliment to be either a single pilot,
conducted by an Examiner or a Check test within 2 calendar months after the or a pilot with a copilot, are certain
Airman. applicant began the test. For example, models of the Beech 300, Beech 1900C,
an applicant who began the oral portion and Beech 1900D airplanes that
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(17) Proposal to require proof of current of the practical test on July 2, 2006, received certification under SFAR 41;
residential address at the time of would have to complete the remaining certain models of the Empresa Brasileira
application for a knowledge test. portions of the practical test (i.e., de Aeronautica EMB 110 airplanes that
Proposed § 61.35(a)(2)(iv) would simulator/training device check and received certification under SFAR 41,
clarify that when a person’s permanent aircraft flight check) before the end of and certain models of the Fairchild
mailing address is a P.O. Box, the September 2006. Aircraft Corporation SA227–CC,

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5816 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

SA227–DC, and other Fairchild the training time and aeronautical type rating is required, or the
commuter category airplanes on that experience required for acting as a PIC supervising PIC would be required to
same type certificate that received for NVG operations. The logging of NVG hold a current and valid airline
certification under SFAR 41 and that time would be permitted when transport pilot certificate and aircraft
have a passenger seating configuration, performed in an aircraft in flight, in a rating that is appropriate to the category,
excluding pilot seats, of nine seats or flight simulator, or in a flight training class, and type of aircraft being flown,
less and the airplane’s type certificate device. if a class or type rating is required. The
authorizes single pilot operations. supervising PIC would be required to
(25) Proposal to correct an omission of
The Cessna 501, Cessna 525, Cessna log the PIC training given in the pilot’s
the words ‘‘airline transport pilot’’
551, Raytheon 390, and Beech 2000 are
regarding logging of pilot in command logbook, certify having given the PIC
examples of aircraft whose flight
time. training in the pilot’s logbook, and attest
manuals and/or type certification data
sheets allow the minimum pilot flight Because existing § 61.51(e)(1) does not that certification with his or her
crew compliment to be either a single include ‘‘airline transport pilots,’’ it may signature, flight instructor certificate
pilot, or a pilot with a copilot. appear that holders of airline transport number and expiration date, or ATP
pilot certificates do not have the same certificate number, as appropriate. This
(22) Proposal to define what is a PIC logging privileges as recreational proposal would parallel and clarify the
military aircraft for the purpose of a pilots, private pilots, and commercial provisions in proposed § 61.129 and
practical test. pilots. To avoid any confusion, the FAA existing §§ 61.31(d), 61.159(a)(4),
Proposed § 61.45(a)(2)(iii) would proposes to add the words ‘‘airline 61.161(a)(3), and 61.163(a)(3) for PIC
clarify what is a ‘‘military aircraft’’ transport pilot’’ to § 61.51(e)(1). aeronautical experience.
when used on a practical test. Recently, (26) Proposal to permit a pilot
there has been some confusion as (27) Proposal to conform the rule for
performing the duties of pilot in logging of instrument time in a flight
whether it is permissible to use a command while under the supervision
surplus military aircraft that has no simulator, flight training device, and
of a qualified pilot in command to log PCATD to existing policy.
civilian aircraft type designation for a pilot in command time.
practical test for an airman certificate
Proposed § 61.51(e)(1)(iv) would The FAA proposes to amend
and rating. For example, some
allow a pilot who is performing the § 61.51(g)(4) so the logging of
applicants have requested to use a
surplus military OH–58 Army duties of pilot in command while under instrument time in a flight simulator,
helicopter for a practical test. These the supervision of a qualified PIC to log flight training device, or PCATD
surplus military helicopters are not Bell PIC time. The purpose for this proposal conforms to existing policy. An
BH–206 helicopters, and they do not is to provide another way for holders of authorized instructor (See § 61.1(b)(2))
have a civilian type designation. The a commercial pilot certificate or airline must be present in the flight simulator,
FAA has determined it is not transport pilot certificate to log PIC flight training device, or PCATD when
permissible to use these surplus former time. instrument time is logged for training
military aircraft for completing a Section 61.51(e)(1)(iv) would permit a and aeronautical experience used to
practical test. pilot who is performing the duties of meet the requirements for a certificate,
To clarify this issue, proposed PIC to log PIC flight time. The pilot who rating, or flight review (See § 61.51(a)).
§ 61.45(a)(2)(iii) would define a is performing the duties of PIC would be The instructor must sign the person’s
‘‘military aircraft’’ as an aircraft that is required to hold a current and valid logbook to verify the training time and
under the direct operational control of commercial pilot certificate or a current
the content of the session.
the U.S. Armed Forces. Under this and valid airline transport pilot
certificate, with the aircraft rating that is Examples of situations in which an
definition, surplus military aircraft are
appropriate to the category and class of authorized instructor would be
not military aircraft because they are not
aircraft being flown, if a class rating is considered present in the flight
under the direct operational control of
the U.S. military. appropriate. The pilot would be simulator, flight training device, or
required to be under the supervision of PCATD include where an authorized
(23) Proposal to except gliders from the an appropriately qualified PIC. instructor is seated at a center control
requirement that aircraft used for a Additionally, the pilot who is panel in a flight simulation lab and is
practical test must have engine power performing the duties of PIC would be monitoring each student’s performance
controls and flight controls that are required to undergo an approved PIC from the control panel display; where
easily reached and operable in a training program consisting of ground an instructor assigns a student to
conventional manner by both pilots. and flight training on the following perform several instrument tasks and
The FAA proposes to amend areas of operation: pre-flight then leaves the room, if the flight
§ 61.45(c) by excepting gliders from the preparation, preflight procedures, training device has a monitoring and
requirement that aircraft used for a takeoff and departure phase, in-flight tracking system that allows the
practical test must have engine power maneuvers, instrument procedures, authorized instructor to review the
controls and flight controls that are landings and approaches to landings, entire training session; and where one
easily reached and operable in a normal and abnormal procedures, authorized instructor monitors several
conventional manner by both pilots. emergency procedures, and post-flight students simultaneously in the same
Gliders do not have engine power procedures.
room at a flight simulation lab.
controls. The supervising PIC would be
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required to hold either a current and The instructions for making logbook
(24) Proposal to provide for logging valid commercial pilot certificate and a entries also would be amended to reflect
night vision goggle time. current and valid flight instructor the proposal that PCATDs could be used
Proposed § 61.51(b)(3)(iv) would add certificate with an aircraft rating that is to meet the instrument time and recent
a provision for logging ‘‘night vision appropriate to the category, class, and flight experience requirements under
goggle time’’ to show compliance with type of aircraft being flown, if a class or part 61.

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5817

(28) Proposal to establish the aircraft NVG time. This proposal would requirements between August 1, 2006
requirements for when a pilot logs flight establish the minimum information and February 24, 2007.
time. required to be entered when logging For maintaining instrument flight
time in a pilot’s logbook. Per proposed experience in airplanes, powered-lifts,
Proposed § 61.51(j) would establish
§ 61.51(k)(3), the required information helicopters, and airships, the proposal
the aircraft and aircraft airworthiness
that is required to be logged for logging would require the pilot to perform and
requirements for when a pilot logs flight
NVG time are the logbook entries log the instrument flight experience in
time. To log flight time to meet the
covered under § 61.51(b). an airplane, powered-lift, helicopter, or
aeronautical experience requirements airship that is appropriate to the
for a certificate, rating, or recent flight Under the proposal, a pilot may log
NVG time using NVGs as the sole visual category of aircraft for the instrument
experience under part 61, the aircraft rating privileges that the pilot desires to
must hold an airworthiness certificate reference of the surface in an operation
conducted in an aircraft at night (during maintain. This instrument flight
(except in the case of U.S. military experience could be completed in either
aircraft flown by U.S. military pilots and the period beginning 1 hour after sunset
and ending 1 hour before sunrise) in actual instrument meteorological
under the direct operational control of conditions or under simulated
the U.S. Armed Forces or public aircraft flight. Alternatively, a pilot may log
NVG time in a flight simulator or in a instrument conditions with the use of a
flown by pilots of a Federal, State, view-limiting device. The instrument
county, or municipal law enforcement flight training device provided the flight
simulator or flight training device’s flight experience and iterations must
agency). include at least:
This proposal would, in essence, lighting system has been adjusted to
replicate the period beginning 1 hour • Six instrument approaches
codify existing FAA policy under FAA consisting of both precision and non-
Order 8700.1, Volume 2, Chapter 1, after sunset and ending 1 hour before
sunrise. precision approaches;
pages 1–46 and 1–47, paragraph 9.B, • One complete holding pattern at a
which states: Under proposed § 61.51(k)(2), the rule radio station and one complete holding
would establish when an authorized pattern at an intersection or waypoint;
‘‘Logging Time. Unless the vehicle is type
certificated as an aircraft in a category listed
instructor may log NVG time. The and
in (14 CFR) § 61.5(b)(1) or as an experimental instructor must be conducting NVG • One hour of simulated cross-
aircraft, or otherwise holds an airworthiness training and must be using NVGs as the country practice operation that involves
certificate, flight time acquired in such a sole visual reference of the surface. The intercepting and tracking courses
vehicle may not be used to meet time must be in an aircraft operated at through the use of navigation systems
requirements of (14 CFR) part 61 for a night in flight, or in a flight simulator while performing a takeoff phase, area
certificate or rating or to meet the recent or flight training device with the
flight experience requirements.’’ departure phase, enroute phase, area
lighting system adjusted to represent the arrival phase, approach phase, and a
The FAA has received several period beginning 1 hour after sunset and missed approach phase of flight.
inquiries about whether it is permissible ending 1 hour before sunrise. Subject to certain limitations, a pilot
to use surplus military aircraft that do (30) Proposal to amend the instrument could choose to either complete the
not hold a civilian type designation as recent flight experience tasks and instrument experience requirements in
an aircraft or an airworthiness certificate iterations and to allow use of personal an aircraft and/or through use of an FS,
for logging flight time to meet the computer aviation training devices, FTD, or PCATD. The simulation devices
requirements for a certificate, rating, or flight simulators, and flight training would have to be representative of the
recent flight experience under part 61. devices for maintaining instrument category of aircraft for the instrument
The FAA’s response has been that the recent flight experience. rating privileges that the pilot desires to
aircraft must be of the category, class (if maintain.
class is applicable), and type (if type is In § 61.57(c), the FAA proposes to Under proposed § 61.57(c)(2), a
applicable) listed under § 61.5(b)(1) amend the instrument flight experience person could use an FS or FTD
through (7), or the aircraft must hold an tasks and iterations and to allow use of exclusively by performing and logging
experimental airworthiness certificate. PCATD, flight simulators (FS), and at least 3 hours of instrument recent
With the issuance of Public Law 106– flight training devices (FTD) for flight experience within the 6 calendar
424, dated November 1, 2000, pilots for maintaining instrument recent flight months before the date of the flight.
a Federal, State, county, or municipal experience. Under proposed § 61.57(c)(3), a
law enforcement agency can log flight The proposed change to § 61.57(c) person could use a PCATD exclusively
time for the purposes of meeting the would clarify that a person who acts as by having performed and logged at least
aeronautical experience requirements pilot in command under IFR or weather 3 hours of instrument recent experience
for a certificate, rating or recent flight conditions less than the minimums within the 2 calendar months before the
experience under part 61 in limited prescribed for VFR is required to look date of the flight. We have deliberately
cases. The stipulation is that the pilot back 6 calendar months from the date of proposed differences between the use of
must be operating a public aircraft, as the flight to determine whether the a PCATD and an FS or FTD because use
defined under 49 U.S.C. 40102, and the instrument flight experience of a PCATD to maintain instrument
aircraft must be identifiable as a requirements were met. For example, if recent experience is a relatively new
category and class of aircraft, as listed a pilot intends to act as pilot in concept, and the FAA wants to further
under § 61.5(b), and being used in law command under IFR (or in weather evaluate its use before we allow use of
enforcement activities of a Federal, conditions less than the minimums PCATDs equal to that of FSs and FTDs.
State, county, or municipal law prescribed for VFR) on a flight that is to Under proposed § 61.57(c)(4), a
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enforcement agency. occur on February 24, 2007, the pilot person could combine use of the aircraft
would count backwards 6 calendar and an FS, FTD, or PCATD to obtain
(29) Proposal to establish the criteria months from the date of the flight to instrument experience. When a pilot
and standards for logging NVG time. August 2006. The pilot would have to elects to combine use of an aircraft and
Proposed § 61.51(k) would establish have performed and logged the a simulation device, we would require,
the criteria and standards for logging instrument recent flight experience under proposed § 61.57(c)(4),

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5818 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

completion of one hour of instrument check to regain PIC instrument person who performs six takeoffs and
flight time in the aircraft and 3 hours in qualifications. The proficiency check landings, with each landing involving a
the FS, FTD, or PCATD within the would have to be performed in the same flight in the traffic pattern, and uses
preceding 6 calendar months. aircraft category that is appropriate to NVGs to maintain visual reference may
Under proposed § 61.57(c)(5), a the instrument privileges desired. The log six ‘‘NVG operations.’’
person could combine use of an FS or proficiency check would consist of the
FTD, and a PCATD to obtain instrument For a pilot to act as a PIC using NVGs
tasks listed in the practical test
recent experience. When a pilot elects standards for the instrument rating with passengers on board, the pilot,
this combination, we would require one appropriate to the aircraft category. within the preceding 2 calendar months,
hour in an FS or FTD, and 3 hours in As explained in the discussion of would have to perform and document
a PCATD within the preceding 6 proposed § 61.57(c), this proposal the tasks under proposed § 61.57(f) as
calendar months. would require a pilot to perform and log the sole manipulator of the controls
Under proposed § 61.57(c)(6), the the instrument recent flight experience during the time period that begins 1
instrument tasks and iterations for within the preceding six calendar hour after sunset and ends 1 hour before
maintaining instrument flight months from the date of the flight to act sunrise. If the pilot had not performed
experience in a glider would be as the PIC under IFR or in weather and logged the tasks under § 61.57(f),
amended and require the pilot to have: conditions less than the minimums then the FAA would allow the pilot an
• Performed and logged at least 1 prescribed for VFR. Under proposed additional 2 calendar months to perform
hour of instrument time in flight in a § 61.57(d), if the pilot has not performed and log the tasks under § 61.57(f).
glider or in a single-engine airplane and logged the required instrument However, the pilot would not be
performing cross-country practice recent flight experience within the allowed to carry passengers during this
operations that involved intercepting preceding six calendar months from the second 2-month period. If the pilot had
and tracking courses through the use of date of the flight, the pilot is given an
navigation systems while performing an still not performed and logged the NVG
additional 6 calendar months to perform
area departure phase, enroute phase, tasks in proposed § 61.57(f) during those
and log the required instrument recent
and area arrival phase of flight; and additional 2 calendar months, then the
flight experience. However, during this
• At least 2 hours of instrument flight 6-month period, the pilot may not act as pilot would be required to pass a NVG
time in a glider or in a single-engine the PIC under IFR or in weather proficiency check to act as a PIC using
airplane performing straight glides, conditions less than the minimums night vision goggles.
turns to specific headings, steep turns, prescribed for VFR until the pilot To explain this ‘‘2 calendar month’’
flight at various airspeeds, navigation, performs and logs the required currency criteria in proposed
and slow flight and stalls. However, if instrument recent flight experience of § 61.57(f)(1), lets say for the sake of
the pilot were to carry passenger(s) in a proposed § 61.57(c). If during this 6- explaining this that the proposal
glider under IFR or in weather month period, the pilot does not becomes a final rule effective December
conditions less than the minimums accomplish the required instrument 1, 2006. In this example, today is now
prescribed for VFR, the 2 hours of recent flight experience, then the pilot February 24, 2007 and the pilot intends
instrument recent flight experience would have to perform an instrument to act as pilot in command using NVGs
would have to be performed in a glider proficiency check to regain his or her with passengers on board a flight. The
performing performance maneuvers, instrument currency.
pilot would count backwards 2 calendar
performance airspeeds, navigation, and For example, if a pilot is intending to
slow flight and stalls. act as pilot in command under IFR (or months from the date of the flight which
The person would be required to log in weather conditions less than the means the pilot would count backwards
this instrument recent flight experience, minimums prescribed for VFR) on a from February 24, 2007, the month of
tasks, and iterations in their logbook to flight on February 24, 2007, and the January, 2007, and through the month of
show accomplishment of this pilot has not completed the required December, 2006 to December 1, 2006).
instrument training. The person would instrument recent flight experience of Therefore, the pilot would have to have
be required to use a view-limiting proposed § 61.57(c), then the pilot performed and logged the required NVG
device when performing this instrument would count backwards 12 calendar operating experience between December
recent flight experience or be in actual months from the date of the flight. Thus, 1, 2006 and February 24, 2007.
instrument meteorological conditions. the pilot would have to have performed Under proposed § 61.57(f)(2), if a pilot
and logged the instrument recent flight has not performed and logged the
(31) Proposal to clarify when a person
experience requirements at sometime required NVG recent flight experience
must perform an instrument proficiency
between February 24, 2007, and between December 1, 2006 and February
check to act as the PIC under IFR or in
February 1, 2006, to avoid being 24, 2007, then that pilot would have to
weather conditions less than minimums
required to submit to an instrument
prescribed for VFR. perform and log the required NVG
proficiency check.
The FAA proposes to amend operating experience by April 30, 2007
§ 61.57(d) to clarify when a person, who (32) Proposal to establish a recent flight to act as the pilot in command during
has not met the instrument recent flight experience requirement for acting as a March 2007 through April 2007 using
experience of § 61.57(c), must perform PIC in a night vision goggle operation. NVGs, but could not carry passengers on
an instrument proficiency check to act Proposed § 61.57(f) would establish a board. Otherwise, per proposed
as the PIC under IFR or in weather recent flight experience requirement to § 61.57(f)(2), the pilot is given 2
conditions less than the minimums remain PIC qualified for ‘‘NVG additional months to perform and log
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prescribed for VFR. The proposal would operations.’’ To understand the term, the required NVG operating experience,
require a pilot who has not complied ‘‘NVG operations,’’ it is necessary to but during that period cannot carry
with the instrument recent experience further clarify the term ‘‘flight.’’ The passengers until he/she has performed
requirement of § 61.57(c) within the term ‘‘flight’’ means a takeoff and and logged the required NVG operating
preceding 12 calendar months to landing, with each landing involving a experience.
complete an instrument proficiency flight in the traffic pattern. Thus, a

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5819

(33) Proposal to establish a NVG proposed § 61.63(f)) to clarify that an flight simulators and flight training
proficiency check requirement to act as applicant for a type rating in a devices in one section.
a PIC of a night vision goggle operation. multiengine airplane with single-pilot Proposed § 61.64(a) through (f) would
station must perform the practical test clarify when an applicant may use a
Proposed § 61.57(g) would establish a
in the multi-pilot seat version of that flight simulator or flight training device
proficiency check to be PIC qualified for
multiengine airplane. Or, the practical for all training, when an applicant may
NVG operations. Also, this proposal
test may be performed in the single-seat use a flight simulator for all of the
would establish a proficiency check to
version of that airplane if the Examiner required practical test, when the
regain PIC qualifications for NVG supervising operating experience (SOE)
operations when the pilot’s NVG is in a position to observe the applicant
during the practical test in the case limitation on an applicant’s pilot
privileges have lapsed. certificate is required, and when the
Proposed § 61.57(g) would require a where there is no multi-seat version of
that multiengine airplane. This proposal SOE limitation may be removed.
pilot who has not complied with the Proposed 61.64(a) would allow an
NVG operating experience requirement parallels the same requirements under
proposed § 61.157(h) (existing applicant to use a flight simulator for all
of proposed § 61.57(f) to complete a of the training and the practical test for
NVG proficiency check to regain PIC § 61.157(k)) for a type rating in a
multiengine airplane with single-pilot the airplane category, class, or type
NVG qualifications. The proficiency rating, provided the flight simulator and
check would have to be performed in station.
The FAA proposes to amend existing the applicant meet specific
the same aircraft category that is qualifications under proposed
appropriate to the NVG operation § 61.63(j) (and re-designate it to
proposed § 61.63(g)) to clarify that an § 61.64(a)(1) through (3).
desired. The proficiency check would Proposed § 61.64(b) would allow an
consist of the tasks listed in proposed applicant for a type rating at other than
applicant for the airplane category,
§ 61.31(l) and would be administered by ATP certification level for a single
class, or type rating to use a flight
an individual listed under § 61.31(l). engine airplane with a single-pilot
training device for training only if the
station must perform the practical test flight training device meets the specific
(34) Proposal to amend § 61.59 to in the multi-pilot seat version of that
parallel § 67.403 to standardize the qualifications under proposed
single engine airplane. Or, the practical § 61.64(b)(1) through (4). The rule
language between the rules. test may be performed in the single-seat would further make clear that a flight
The FAA proposes to amend version of that airplane if the Examiner training device may not be used for any
§ 61.59(a) and (b) and add (c), in part, is in a position to observe the applicant portion of the practical test. This is not
to parallel the provisions under existing during the practical test in the case a change to the existing requirements,
§ 67.403. This proposal would where there is no multi-seat version of but a clarification.
standardize the language in this chapter that single engine airplane. This Proposed § 61.64(c) would allow an
on falsification, reproduction, and proposal would parallel the applicant to use a flight simulator for all
alteration of applications, certificates, requirements under proposed § 61.157(i) of the training and the practical test for
logbooks, reports, and records for the (existing § 61.157(l)) for a type rating in the helicopter class or type rating,
purposes of simplicity and clarity. a single engine airplane with single- provided the flight simulator and the
pilot station at the ATP certification applicant meet the specific
(35) Proposal to amend the format and level.
re-structure of § 61.63. qualifications under proposed
Proposed § 61.63(i) would permit an § 61.64(c)(1) and (2).
The FAA proposes to amend § 61.63 Examiner who conducts a practical test Proposed § 61.64(d) would allow an
to simplify its format, structure, and for an additional aircraft rating under applicant for the helicopter class or type
move paragraphs (e), (f), and (g), which this section to waive any of the tasks rating to use a flight training device for
address the usage and limitations of the that the FAA has approved waiver training only if the flight training device
flight simulator and flight training authority. This proposal would parallel meets specific qualifications under
device, to proposed § 61.64. the proposed requirements under proposed § 61.64(d)(1) through (4). The
The FAA proposes to revise existing proposed § 61.157(j) (existing rule would further make clear that a
§ 61.63(c)(3) to clarify its applicability to § 61.157(m)) at the ATP certification flight training device may not be used
those applicants who hold only a level. for any portion of the practical test. This
lighter-than-air (LTA)-Balloon rating is not a change to the existing
(36) Proposal to address the use and
and who seek an LTA-Airship rating. requirements but a clarification.
limitations of flight simulators and
Currently, the word ‘‘only’’ does not Proposed § 61.64 (e) would state that
flight training devices.
appear in § 61.63(c)(3). an applicant may use a flight simulator
The FAA proposes minor The FAA proposes to add § 61.64 that for all of the training and the practical
amendments to § 61.63(d) to clarify the would address the use and limitations test for the powered-lift category or type
requirements for an additional type of flight simulators and flight training rating, provided the flight simulator and
rating and a type rating sought devices for additional aircraft ratings the applicant meet specific
concurrently with an additional aircraft and for aircraft ratings at the ATP qualifications under proposed
category and class rating. certification level. These requirements § 61.64(e)(1) and (2).
The FAA proposes to revise existing currently are found under § 61.63(e), (f), Proposed § 61.64(f) would allow an
§ 61.63(h) (and re-designate it to and (g). Additionally, proposed § 61.64 applicant for the powered-lift category
proposed § 61.63(e)) to clarify the use of would incorporate the parallel or type rating to use a flight training
an aircraft on a practical test for a type requirements for flight simulators and device for training only if the flight
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rating that is not capable of instrument flight training devices that currently are training device meets specific
maneuvers and procedures and the found under § 61.157(g), (h), and (i) at qualifications under proposed
issuance of a type rating with a VFR the ATP certification level. The purpose § 61.64(f)(1) through (4). The rule would
limitation under these circumstances. of these changes is to clarify and further clarify that a flight training
The FAA proposes to revise existing simplify § 61.63 and § 61.157 and place device may not be used for any portion
§ 61.63(i) (and re-designate it to the use and limitation requirements for of the practical test. This is not a change

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5820 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

to the existing requirements but a least of 10 hours of cross-country time ‘‘Except as provided in paragraph (b) of
clarification. as pilot in command in a helicopter. this section, [the pilot] has logged at
As a result of current language in Currently, § 61.65(d)(1) merely states least three flights as the sole
existing paragraphs (e), (f), and (g) of ‘‘At least 50 hours of cross-country manipulator of the controls of an aircraft
§ 61.63 and paragraphs (g), (h), and (i) flight time as pilot in command, of towing a glider or unpowered ultralight
of § 61.157, there is confusion as to which at least 10 hours must be in vehicle simulating towing flight
whether an applicant could complete all airplanes for an instrument-airplane procedures while accompanied by a
training and testing for a type rating in rating.’’ It does not account for the pilot who meets the requirements of
a simulator when there is a supervised instrument-helicopter rating or the paragraphs (c) and (d) of this section.’’
operating experience limitation on the instrument-powered-lift rating. The word ‘‘or’’ was erroneously deleted
applicant’s pilot certificate for that between the words ‘‘vehicle’’ and
aircraft type rating. Proposed (38) Proposal to allow 10 hours of the
‘‘simulating.’’
§ 61.64(a)(2)(i), (c)(2)(i), and (e)(2)(i) instrument training to be performed on This correction proposes to re-insert
would specify that a type rating cannot a personal computer aviation training the word ‘‘or’’ and to make a minor
contain the supervised operating device (PCATD). grammatical revision to paragraph (a)(4)
experience limitation (i.e., ‘‘This The FAA proposes to amend § 61.65 so that the rule will read: ‘‘(4) Except as
certificate is subject to pilot in by adding paragraph (h), which would provided in paragraph (b) of this
command limitations for the additional allow 10 hours of instrument training section, [the pilot] has logged at least
rating’’) for an applicant to use a flight for the instrument rating to be three flights as the sole manipulator of
simulator for all (emphasis added) performed on a PCATD. The instrument the controls of an aircraft while towing
training and testing for a type rating. A training may be given by the holder of a glider or unpowered ultralight vehicle,
flight simulator may be used for some of a ground instructor certificate with an or that person simulates towing flight
the required training and testing for a instrument rating or by a holder of a procedures in an aircraft while
type rating, but not ‘‘all’’ the required flight instructor certificate with an accompanied by a pilot who meets the
training and testing. The kinds and instrument rating appropriate to the requirements of paragraphs (c) and (d)
amount of training and testing that instrument rating sought. The 10 hours of this section.’’
would be permitted to be performed in of instrument training given in a PCATD
would be included in the 20 hours of (40) Proposal to amend the recent flight
a flight simulator is what the flight
instrument training allowed to be experience for tow pilots by increasing
simulator is approved for and in
performed in a flight simulator or a the time allowed for achieving the
accordance with proposed
flight training device under proposed required currency to 24 calendar
§ 61.64(a)(4)(i) and (b), (c)(3)(i) and (d),
§ 61.65(e). months.
or (e)(3)(i) or (f), as appropriate for the
category of aircraft and type rating For a PCATD to be used for The FAA is proposing to amend
sought. instrument training under proposed § 61.69(a)(6) for persons who serve as
Proposed § 61.64(a)(1)(iii), (c)(1)(iii), § 61.65, the PCATD, instrument tow pilots for glider towing operations
and (e)(1)(iii) would establish that at training, and instrument tasks would by increasing the time limits for when
minimum a Level C flight simulator is have to be approved by the FAA. The a pilot must have completed the
required if an applicant wishes to use a instrument training on a PCATD would required recent flight experience from
flight simulator on a practical test for an have to be provided by an authorized 12 to 24 calendar months. This proposal
aircraft rating. Proposed instructor. For a person to receive the responds favorably to a
§ 61.64(a)(1)(iv), (c)(1)(iv), and (e)(1)(iv) maximum 10 hours of credit in a recommendation from the Soaring
would establish that at minimum a PCATD, the person may not have logged Safety Foundation that the existing time
Level A flight simulator is required for and be credited for more than 10 hours limits for recent flight experience may
an applicant to use a flight simulator for of instrument training in a flight be unnecessarily onerous and cannot be
training. simulator or flight training device. A supported by any accident statistics.
view-limiting device would have to be
(37) Proposal to require at least 10 hours (41) Proposal to amend certain special
worn by the applicant when logging
of cross-country time as pilot in rules affecting U.S. military pilots and
instrument training in the PCATD. The
command to be in the category of former U.S. military pilots who apply for
instrument training and instrument
aircraft appropriate to the instrument FAA pilot certification.
tasks that may be approved for
rating sought. The FAA proposes to amend § 61.73
performance on a PCATD would be
The FAA proposes to amend § 61.65 listed in proposed § 61.65(f). The FAA by deleting the requirement under
to conform the FAA’s instrument rating specifically requests comments on § 61.73(b) that current and former pilots
cross-country time requirements as PIC whether, and to what extent, we should of the U.S. Armed Forces must be on
with the corresponding International allow use of a PCATD for providing active flying status within the past 12
Civil Aviation Organization (ICAO) instrument training for the instrument months to qualify for a pilot certificate
requirements. Proposed § 61.65(d) rating. and rating under these special rules.
would address the aeronautical Under this proposal, U.S. military pilots
experience and training for the (39) Proposal to correct a typographical and former U.S. military pilots would
instrument-airplane rating. Proposed error in § 61.69(a)(4). qualify for their civilian pilot certificate
§ 61.65(e) would address the The FAA is proposing to correct a and ratings on the basis of their past
aeronautical experience and training for typographical error in which the word qualifications as a U.S. military pilot,
the instrument-helicopter rating. ‘‘or’’ was erroneously deleted from completion of the military competency
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Proposed § 61.65(f) would address the § 61.69(a)(4) during the writing of the aeronautical knowledge test, and
aeronautical experience and training for ‘‘Certification of Aircraft and Airmen for accomplishment of a flight review under
the instrument-powered-lift rating. As the Operation of Light-Sport Aircraft’’ existing § 61.57.
an example, ICAO Annex 1, paragraph Final Rule (See 69 FR 44866; July 27, The FAA proposes new § 61.73(b)(2)
2.10.1.2.2 requires that an applicant for 2004). With the issuance of that rule, to clarify that the aeronautical
an instrument-helicopter rating log at paragraph (a)(4) was revised to read: knowledge test that military pilots are

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5821

required to take is the ‘‘military recognize U.S. military training and (44) Proposal to require that a foreign
competency’’ aeronautical knowledge qualification. For years, the FAA has pilot who applies for an U.S. private
test. recognized the training and pilot certificate on the basis of the
The FAA proposes new paragraph qualifications of U.S. military pilots and person’s foreign pilot license must hold
§ 61.73(b)(3) that would change the pilot has issued FAA commercial pilot and at least a foreign private pilot license.
status for qualifying for a pilot instrument rating certification to Proposed § 61.75(a) and (b) would
certificate and ratings under these military rated pilots who graduate from require that a foreign pilot who applies
special rules from ‘‘pilot in command’’ a U.S. Armed Forces undergraduate for an U.S. private pilot certificate on
to ‘‘pilot’’ in the U.S. Armed Forces. The
pilot training school. The FAA now the basis of that person’s foreign pilot
U.S. military’s pilot qualification and
proposes to issue flight instructor license hold at least a foreign private
flight time recording documents and
procedures have changed since the certificates and ratings to rated military pilot license. Additionally, the proposal
initial establishment of § 61.73. The U.S. instructor pilots who graduate from an would require the foreign pilot license
Armed Forces no longer issues pilot in instructor pilot course of the U.S. to be ‘‘valid,’’ which means it has not
command orders to its graduates who Armed Forces. To be issued a flight been surrendered, suspended, revoked,
complete its Undergraduate Pilot instructor certificate and rating, a or expired.
Training Course. Pilot in command military instructor pilot would have to Before the August 4, 1997,
status occurs when military pilots report pass a knowledge test that covers the amendments to part 61 (hereinafter to be
to their permanent duty assignment and aeronautical knowledge areas listed referred to as the ‘‘1997 Amendments’’),
complete additional unit checkouts. under § 61.185(a) of this part that are § 61.75 provided that to apply for a U.S.
However, the FAA has determined that appropriate to the military instructor pilot certificate on the basis of a foreign
the end-of-course test for graduation pilot license, the pilot had to hold a
pilot ratings and privileges held. This
from a current U.S. military foreign pilot license at the level of
would mean that the applicant would
Undergraduate Pilot Training Course is private pilot certificate or higher. The
have to pass the appropriate knowledge
similar in scope and content as it was foreign pilot license also had to be
tests that cover the aeronautical issued by a member State to the
for military pilots when § 61.73 was knowledge areas on:
initially established. Convention on International Civil
The FAA proposes new paragraph • Fundamentals of instructing, Aviation. Under the 1997 Amendments,
§ 61.73(c) that would establish that a including the learning process, elements the requirement that the foreign pilot
military pilot of the Armed Forces of a of effective teaching, student evaluation license to be at the level of private pilot
foreign contracting State to the and testing, course development, lesson certificate or higher was deleted without
Convention on International Civil planning, and classroom training considering that there are some foreign
Aviation who has been assigned pilot techniques; countries that issue pilot certificates
duties (for other than for flight training) below the private pilot license (i.e.,
• Recreational, private, and
with the U.S. Armed Forces would not recreational pilot licenses, sport pilot
commercial pilot certification,
be required to first hold a current civil licenses, or private pilot licenses with a
applicable to the aircraft category for
pilot license from that contracting limitation that restricts the exercising of
which flight instructor privileges are the foreign pilot license to a particular
State’s civil aviation authority. The FAA sought; and
finds there is no safety reason for the foreign country). (See 62 FR 16257 and
existing requirement. Thus, foreign • The aeronautical knowledge areas 16321). Therefore, the FAA proposes to
military pilots who are assigned to U.S. for the instrument rating applicable to amend § 61.77 (a) and (b) to clarify that
military units would be afforded the the category for which instrument flight the foreign pilot license used to apply
opportunity to be issued U.S. instructor privileges are sought. for the U.S. private pilot certificate
commercial pilot certificates and ratings Additionally, a U.S. military under the provisions of this section
appropriate to their military pilot instructor pilot would be required to must be at a private pilot license level
qualifications. or higher, without geographical
show the documentation described in
The FAA proposes to amend existing restrictions, or otherwise meets at least
proposed § 61.73(g)(3) to an FAA
§ 61.73(f) and re-designate it as the private pilot licensing requirements
Aviation Safety Inspector, FAA Aviation
paragraph (e). The purpose of this of Annex 1 of the International Civil
Safety Technician, or an authorized Aviation Organization.
proposal is to further clarify that a
Examiner (this would mean, authorized
military pilot may qualify for a type (45) Proposal to permit the issuance of
to issue the flight instructor certificate
rating to be added to a pilot certificate a U.S. private pilot certificate to foreign
provided there is a comparable civilian and rating(s) to a U.S. military instructor
pilot). pilots who hold a U.S. student pilot
type designation of that military aircraft. certificate.
(42) Proposal to establish a new (43) Proposal to clarify, simplify, and
The FAA proposes to amend
privilege and procedures for issuing list the documents required for proving
§ 61.75(b)(3) to clarify that a foreign
flight instructor certificates and ratings rated U.S. military pilot status to qualify
person may apply for a U.S. private
to U.S. military instructor pilots. for FAA pilot certification. pilot certificate if that person holds a
The FAA proposes to add § 61.73(g) to Proposed § 61.73(h) would clarify, U.S. student pilot certificate.
establish a new privilege and procedure simplify, and list the documents Prior to the 1997 Amendments,
for issuing flight instructor certificates required for proving a current or former § 61.75(b)(3) allowed a U.S. pilot
and ratings to U.S. military instructor rated military pilot is qualified for FAA certificate to be issued to the holder of
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pilots who graduate from an U.S. a foreign pilot certificate if ‘‘he [did] not
pilot certification. The purpose is to
military instructor pilot school with an hold a U.S. pilot certificate of private
respond to inquiries received by the
instructor pilot qualification. pilot grade or higher.’’ When the FAA
FAA on what documents are required to
The FAA has been participating in a amended § 61.75(b)(3), it deleted the
U.S. Department of Labor program that show proof as a rated military pilot in words ‘‘of private pilot grade or higher’’
encourages governmental agencies to the U.S. Armed Forces. to accommodate the recreational pilot

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5822 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

certificate without considering that this receives a ‘‘U.S. private pilot operator had been issued special
change would seem to eliminate foreign certificate.’’ The rule, however, needs to purpose pilot authorizations in error.
persons from being able to hold U.S. account for those outstanding foreign The FAA never intended that special
student pilot certificates. This was pilots who hold U.S. commercial pilot purpose pilot authorizations be issued
unintentional. Thus, under this certificates. Accordingly, the FAA to foreign corporate operators that are
proposal, we want to clarify that a proposes to amend: not performing the carriage of persons
foreign person may hold a U.S. student • Paragraph (e) by changing the or property for compensation or hire.
pilot certificate and apply for a § 61.75 phrase ‘‘U.S. private pilot certificate’’ to Foreign pilots involved in part 91
U.S. private pilot certificate. ‘‘U.S. pilot certificate.’’ operations have the ability to apply for
Furthermore, it should be understood • Paragraph (e)(1) by amending the and receive U.S. pilot certificates in
that foreign persons may apply for and phrase ‘‘U.S. private pilot privileges’’ to accordance with § 61.75 or through the
receive U.S. pilot certificates through ‘‘with the pilot privileges authorized by standard part 61 pilot certification
the standard part 61 pilot certification this part and the limitations placed on process. Therefore, the FAA proposes to
process or under the special provisions that U.S. pilot certificate.’’ add § 61.77(a)(2)(i) through (iv) to
and procedures of § 61.75. • Paragraph (e)(4) by changing the clarify what kind of operations foreign
phrase ‘‘U.S. private pilot certificate’’ to pilots are required to be performing to
(46) Proposal to clarify that an aircraft read ‘‘U.S. pilot certificate.’’ be eligible for a special purpose pilot
rating on a pilot certificate based on a • Paragraph (f) of § 61.75 in two authorization.
foreign pilot license is issued for private places by changing the phrase ‘‘may be Additionally, the FAA determined
pilot certificate privileges only. used as basis for issuing a U.S. private that the citizenship or resident status
The FAA proposes to amend pilot certificate’’ to read ‘‘may be used requirement under existing § 61.77(b)(1)
§ 61.75(c) to clarify that an aircraft as basis for issuing a U.S. pilot conflicts with the policy authorizing
rating on a U.S. pilot certificate that was certificate.’’ And in the second sentence holders of foreign pilot licenses to serve
issued on the basis of rating(s) held on change the phrase ‘‘used as a basis for as pilots in U.S. registered aircraft for
the person’s foreign pilot license is issuing a U.S. private pilot certificate’’ the kinds of flight operations covered by
issued for private pilot privileges only. to ‘‘used as a basis for issuing a U.S. special purpose pilot authorizations.
Before the 1997 Amendments, a pilot certificate.’’ Thus, the citizenship or resident status
person who held a current commercial • The title phrase of paragraph (g) requirement is unnecessary. The
pilot license or higher level foreign pilot under § 61.75; where it states proposal would delete the phrase ‘‘from
license issued by a contracting State to ‘‘Limitation placed on a U.S. private which the person holds citizenship or
the Convention on International Civil pilot certificate,’’ it would read resident status’’ under § 61.77(b)(1)
Aviation (ICAO) could apply for and be ‘‘Limitation placed on a U.S. pilot because some pilots of foreign air
issued U.S. commercial pilot certificate certificate.’’ The FAA proposes to carriers do not even hold citizenship or
with the appropriate ratings. When amend paragraph (g) in two other places resident status in the country from
§ 61.75 was amended, the rule provided by revising the phrase that reads ‘‘A which they hold their pilot licenses, as
for the issuance of a U.S. pilot certificate U.S. private pilot certificate issued is the case of U. S. citizens who serve
at the private pilot certification level under this section’’ to read ‘‘A U.S. pilot as flight crewmembers aboard U.S.
only. Specifically, § 61.75(a) permits a certificate issued under this section.’’ registered aircraft for foreign air carriers.
holder of a current foreign pilot license And, where it reads ‘‘upon which the Therefore, we have determined this
issued by a contracting State to ICAO to issuance of the U.S. private pilot requirement in § 61.77(b)(1) is
‘‘apply for and be issued a private pilot certificate,’’ it would be changed to read burdensome and unnecessary.
certificate with the appropriate ratings ‘‘upon which the issuance of the U.S. Furthermore, the FAA proposes to
when the application is based on the pilot certificate.’’ delete § 61.77(b)(5) (i.e., a recent flight
foreign pilot license * * *.’’ However, experience requirement under § 61.57 to
there is some confusion as to whether (48) Proposal to clarify the requirements
be issued a special purpose pilot
§ 61.75(c) applies to additional ratings for issuance of Special Purpose Pilot authorization) because the normal
for those foreign pilots who were issued Authorizations. procedure for issuing special purpose
U.S. pilot certificates under § 61.75. The FAA proposes to amend various pilot authorizations requires the foreign
Therefore, to further clarify § 61.75(c) so paragraphs under § 61.77 to address air carriers only to send the application
that it conforms to the existing some confusion about the special and copies of the person’s foreign pilot
requirements of § 61.75(a), which limits purpose pilot authorizations and correct and medical licenses to the FAA and
the issuance of the U.S. pilot certificate some inconsistencies. The special does not require the airman to appear in
to the private pilot certificate, the FAA purpose pilot authorization is a letter person to the FAA. The FAA has no way
proposes to add the phrase ‘‘for private issued by the FAA to a foreign pilot for of determining whether the pilot has
pilot privileges only’’ to § 61.75(c). the purpose of performing pilot duties complied with § 61.57 currency
on a civil aircraft of U.S. registry that is requirements. Therefore, the FAA
(47) Proposal to correct an error under leased to a person who is not a citizen proposes to delete existing § 61.77(b)(5).
§ 61.75 that states ‘‘U.S. private pilot of the United States and for carrying
certificate’’ when it should state ‘‘U.S. persons or property for compensation or (49) Proposal to require a student pilot
pilot certificate’’. hire. certificate to apply for a recreational
Before the 1997 Amendments, the Ever since § 61.77 was last revised pilot certificate.
FAA had issued U.S. commercial pilot under the 1997 Amendments, there has Proposed § 61.96(b)(9) would require
certificates to holders of foreign been confusion as to who could be a person to hold a student pilot
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commercial pilot licenses or higher who issued a special purpose pilot certificate to apply for a recreational
applied for our U.S. commercial pilot authorization and what kind of pilot certificate. The FAA believes the
certificate and ratings on the basis of operations are permitted under a special rules implicitly require a person to hold
§ 61.75. When the FAA amended purpose pilot authorization. See 62 FR a student pilot certificate before making
paragraph (e) under § 61.75, the rule 16220. For example, the FAA application for a recreational pilot
was changed to read a person who discovered that a foreign corporate certificate. To apply for a recreational

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5823

pilot certificate, an applicant must log at (52) Proposal to amend the solo cross- The ICAO requirements, set forth under
least 3 hours of solo flight time. See 14 country mileage requirements for Annex I, paragraph 2.7.1.3.2, require
CFR § 61.99(b). To operate an aircraft in consistency with the mileage that the total distance be at least 100
solo flight, the person must hold at least requirements under the definition of nautical miles total distance. Therefore,
a student pilot certificate. See 14 CFR ‘‘cross-country.’’ the FAA proposes to amend the cross-
§ 61.87(l)(1). However, to avoid country distance for the private pilot-
The FAA proposes to amend
confusion, we are proposing to gyroplane rating to conform to the ICAO
§ 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii)
explicitly require a person to hold a cross-country distance requirement for
to standardize use of the term ‘‘cross-
student pilot certificate before applying the gyroplane rating at the private pilot
country’’ throughout part 61. Under
for a recreational pilot certificate. certification level.
§ 61.1(b)(3)(ii), the FAA defines the Additionally, the gyroplane rating for
(50) Proposal to allow recreational pilot distance of a cross-country flight, in private pilot certification under
certificate holders to act as PIC in pertinent part, as ‘‘more than 50 § 61.109(d)(4)(ii) erroneously states ‘‘of
rotorcraft with more than a 180 nautical miles.’’ Under § 61.109(a)(5)(ii), at least 25 nautical miles.’’ The proposal
horsepower powerplant. (b)(5)(ii), and (e)(5)(ii), the regulations would amend the rules to read ‘‘more
erroneously state, ‘‘of at least 50 than 25 nautical miles’’ in conformance
Currently, holders of recreational nautical miles’’ (emphasis added). The
pilot certificates are limited from acting with the definition of ‘‘cross-country’’
proposal amends all definitions of under § 61.1(b)(3)(v).
as PIC of an aircraft that is certificated ‘‘cross-country’’ to read ‘‘more than 50
‘‘with a powerplant of more than 180 nautical miles.’’ (55) Proposal to add requirements for
horsepower.’’ The purpose for the more ground reference maneuvers for
than 180 horsepower powerplant (53) Proposal to amend the solo cross- commercial pilot certification—
limitation is to keep recreational pilot country mileage requirement for the gyroplane rating.
certificate holders in slower, less private pilot-helicopter rating.
complex aircraft. The FAA has Proposed § 61.127(b)(4)(vi) would
The FAA proposes to amend require training in ‘‘ground reference
determined that the 180 horsepower § 61.109(c)(4)(ii) so the cross-country
powerplant limitation is not appropriate maneuvers’’ for the gyroplane rating at
distance requirement for the helicopter the commercial pilot certification level.
for helicopters or gyroplanes. For rating at the private pilot certification
example, the Bell 47 is a 1950-era When the FAA amended the area of
level conforms to the ICAO operations under § 61.127 for the
helicopter that is simple in design and requirements for the helicopter rating
quite easy to fly. However, because gyroplane rating at the commercial pilot
and also conforms to the definition of certification level, the reference to
some Bell 47 helicopters’ engines cross-country distance under
exceed the 180 horsepower rating, ‘‘ground reference maneuvers’’ was
§ 61.1(b)(3)(v). deleted. After further review of that
holders of recreational pilot certificates The existing solo cross-country
are restricted from acting as PIC of those decision, the FAA proposes to re-instate
distance requirement under ‘‘ground reference maneuvers’’ as an
helicopters. Therefore, the FAA § 61.109(c)(4)(ii) for the private pilot-
proposes to amend § 61.101(e)(1)(iii) to area of operation for the gyroplane
helicopter rating states that the solo rating at the commercial pilot
exclude aircraft that are certificated in cross-country flight must be ‘‘at least 75
the rotorcraft category from the 180 certification level because it is believed
nautical miles total distance.’’ The ICAO by both the agency and training
horsepower powerplant limitation. The requirements, set forth under Annex I,
180 horsepower powerplant limitation providers to be an important training
paragraph 2.7.1.3.2 require that the total and certification task. The ground
would only apply to aircraft certificated distance be at least 100 nautical miles
in the airplane category. reference maneuvers must include at
total distance. Therefore, the FAA least ‘‘eights around a pylon,’’ ‘‘eights
(51) Proposal that a person must hold proposes to amend the private pilot- along a road,’’ ‘‘rectangular course,’’ ‘‘S-
either a student pilot certificate or a helicopter rating requirement to turns,’’ and ‘‘turns around a point.’’
recreational pilot certificate to apply for conform to the ICAO requirement.
Additionally, the helicopter rating for (56) Proposal to delete the requirement
a private pilot certificate.
private pilot certification under for the ‘‘ground reference maneuver’’ in
Proposed § 61.103(j) would require a § 61.109(c)(4)(ii) erroneously states ‘‘of the area of operation for commercial
person to hold either a student pilot at least 25 nautical miles.’’ The FAA pilot certification—powered-lift rating.
certificate or a recreational pilot proposes to amend the rules to read The FAA proposes to delete the
certificate to apply for a private pilot ‘‘more than 25 nautical miles’’ to requirement for the ‘‘ground reference
certificate. conform to the definition of ‘‘cross- maneuver’’ area of operation under
The rules implicitly require a person country’’ under § 61.1(b)(3)(v). § 61.127(b)(5)(vii) for the powered-lift
to either hold a student pilot or rating at the commercial pilot
recreational pilot certificate before (54) Proposal to amend the solo cross-
country mileage requirement for the certification level. An FAA Flight
making application for a private pilot Standardization Board determined the
certificate. To apply for a private pilot private pilot-gyroplane rating.
‘‘ground reference maneuver’’ is not
certificate, an applicant must log at least The FAA proposes to amend appropriate for the powered-lift rating at
10 hours of solo flight time. See 14 CFR § 61.109(d)(4)(ii) to conform the cross- the commercial pilot certification level.
§ 61.109. To operate an aircraft in solo country distance for the gyroplane
flight, the person must hold at least a rating at the private pilot certification (57) Proposal to clarify the tasks
student pilot certificate. See 14 CFR level to the ICAO requirements for the required for ‘‘instrument training’’ for
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§ 61.87(l)(1). However, to address any gyroplane rating and to § 61.1(b)(3)(v). commercial pilot certification—airplane
possible confusion, the proposed change The existing solo cross-country single-engine rating.
would explicitly require that a person distance requirement for the private Ever since the instrument
hold either a student pilot certificate or pilot-gyroplane rating states that the aeronautical experience requirement
a recreational pilot certificate to apply solo cross-country flight must be ‘‘at was adopted under § 61.129 by the 1997
for a private pilot certificate. least 75 nautical miles total distance.’’ Amendments, we have received

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5824 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

questions about what is the appropriate (60) Proposal to allow use of a flight Currently, § 61.129 requires one cross-
training for instrument aeronautical simulator, flight training device, or country flight in day VFR conditions
experience. Therefore, we are proposing PCATD for some of the instrument and one cross-country flight in night
§ 61.129(a)(3)(i) to clarify the tasks training required for commercial pilot VFR conditions. Since establishing
required for ‘‘instrument aeronautical certification—gyroplane rating. these cross-country training
experience’’ for the airplane single- Proposed § 61.129(d)(3)(i) would
requirements, the FAA has received
engine rating at the commercial pilot comments from training schools
reduce the number of hours of
certification level. Under this proposal, requesting that we allow flights to be
instrument training required from 5 to
‘‘instrument aeronautical experience’’ performed under IFR. According to the
2.5 hours, and allow the instrument
would include at least ‘‘10 hours of schools, most applicants for commercial
training required for the gyroplane
instrument training, of which at least pilot certification—airplane rating and
rating at the commercial pilot
five hours must be in a single-engine some applicants for the helicopter rating
certification level to be performed in an
airplane and must include training are enrolled in an instrument rating
aircraft, flight simulator, flight training
using a view-limiting device for attitude course at the same time they are
device, or PCATD. The FAA believes
instrument flying, partial panel skills, undergoing their commercial pilot
that the training for the commercial
recovery from unusual flight attitudes, certification training. Thus, it would
and intercepting and tracking pilot—gyroplane rating would be more make sense to allow the cross-country
navigational systems.’’ useful if the training focused on other training requirements under § 61.129 to
tasks. We recognize that gyroplanes are be performed under IFR. The FAA
(58) Proposal to clarify the tasks normally not sufficiently equipped for agrees and is proposing to allow the
required for ‘‘instrument training’’ for instrument flight operations and are cross-country training requirements
commercial pilot certification—airplane flown mostly in day-VMC conditions. under § 61.129 for commercial pilot
multiengine rating. Additionally, the FAA proposes to certification for the airplane, rotorcraft,
As discussed above in paragraph 57, clarify, because of the number of powered-lift, and airship ratings to be
the regulated community has asked the questions we have received, the performed under VFR or IFR.
FAA to clarify what is considered instrument training required to satisfy
appropriate training to cover instrument the ‘‘instrument training’’ required for (63) Proposal to delete the night training
aeronautical experience. Therefore, we the gyroplane rating at the commercial requirement for commercial pilot
are proposing § 61.129(b)(3)(i) to clarify pilot certification level. The instrument certification—gyroplane rating.
the tasks required for ‘‘instrument training would have to include at least The FAA proposes to delete the night
training’’ for the airplane multiengine 2.5 hours of instrument training, cross-country aeronautical experience
rating at the commercial pilot including training using a view-limiting requirement under § 61.129(d)(3)(iii) for
certification level. This proposal would device for attitude instrument flying, the gyroplane rating at the commercial
include at least ‘‘10 hours of instrument partial panel skills, recovery from pilot certification level. The FAA is
training, of which at least five hours unusual flight attitudes, and proposing to replace the night cross-
must be in a multiengine airplane and intercepting and tracking navigational country aeronautical experience
must include training using a view- systems. requirement with 2 hours of flight
limiting device for attitude instrument (61) Proposal to clarify the tasks training at night that consists of ten
flying, partial panel skills, recovery takeoffs and ten landings at an airport.
required for ‘‘instrument training’’ for
from unusual flight attitudes, and The reason for this proposal is that
commercial pilot certification—
intercepting and tracking navigational night-time training for the gyroplane
powered-lift rating.
systems.’’ rating at the commercial pilot
To respond to questions we have certification level would be more useful
(59) Proposal to allow use of a flight received regarding what tasks are and more safely conducted in the
simulator, flight training device, or required to constitute ‘‘instrument vicinity of an airport. Gyroplanes have
PCATD for some of the instrument training,’’ we are proposing limited equipment and systems for
training required for commercial pilot § 61.129(e)(3)(i) for the powered-lift night-time operations, and a cross
certification—helicopter rating. rating at the commercial pilot country flight raises some added safety
Proposed § 61.129(c)(3)(i) would certification level. This proposal would concerns in gyroplanes with their
allow the instrument training that is require at least ‘‘10 hours of instrument limited instrument flight and navigation
required for the helicopter rating at the training, of which at least five hours capabilities.
commercial pilot certification level to be must be in a powered-lift and must
performed in an aircraft, flight include training using a view-limiting (64) Proposal to amend the commercial
simulator, flight training device, or device for attitude instrument flying, pilot certification solo aeronautical
PCATD. partial panel skills, recovery from experience requirements to allow the
Additionally, the FAA proposes to unusual flight attitudes, and aeronautical experience to be performed
clarify, in response to questions raised intercepting and tracking navigational either solo or while performing the
by the regulated community, the systems.’’ duties of PIC with an instructor on
training required to satisfy instrument board.
training for the helicopter rating at the (62) Proposal to allow cross-country The FAA proposes to amend
commercial pilot certification level. The training flights to be performed under § 61.129(a)(4), (c)(4), (d)(4), (e)(4), and
instrument training would include at VFR or IFR. (g)(2) to allow the commercial pilot
least ‘‘5 hours of instrument training The FAA proposes to amend certification aeronautical experience to
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and must include training using a view- § 61.129(a)(3)(iii) and (iv), (b)(3)(iii) and be conducted either solo or while
limiting device for attitude instrument (iv), (c)(3)(ii) and (iii), (d)(3)(ii), (e)(3)(ii) performing the duties of PIC with an
flying, partial panel skills, recovery and (iii), (g)(4)(ii) and (iii) to allow the instructor on board. Even though the
from unusual flight attitudes, and required cross-country flights for commercial pilot certification
intercepting and tracking navigational commercial pilot certification to be aeronautical experience requirements
systems.’’ performed under VFR or IFR. for a multiengine airplane rating allow

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5825

the aeronautical experience eligibility requirements for persons airplane. Or, the practical test may be
requirements to be conducted either holding foreign commercial or ATP performed in the single-seat version of
solo or with an authorized instructor on pilot licenses, by including the that airplane if the Examiner is in a
board (see § 61.129(b)(4)), the solo requirement that the foreign commercial position to observe the applicant during
aeronautical experience requirements or ATP pilot license must contain no the practical test in the case where there
were purposely written differently for geographical limitations. The FAA has is no multi-seat version of that single
other aircraft categories. This is because determined that a foreign applicant for engine airplane. This proposal parallels
comments received in response to the U.S. ATP certificate should not be proposed § 61.63(g) for a type rating in
Notice No. 95–11 (60 FR 41160, August qualified if the foreign ATP license has a single engine airplane with single-
11, 1995) indicated that some insurance a geographical limitation. pilot station at other than the ATP
policies prohibit persons who do not certification level.
(67) Proposal to move the provisions for
already hold the multiengine airplane
use and limitations of a flight simulator (70) Proposal to allow U.S. military
category and class rating on their pilot
and flight training device from the ATP flight engineers to credit flight engineer
certificate from flying solo in
flight proficiency requirements of time when applying for an ATP pilot
multiengine airplanes.
Since the adoption of § 61.129, the § 61.157 to the new proposed § 61.64 certificate.
FAA has learned that some operators of and to make other clarifying revisions.
Proposed § 61.159(c)(3) would allow a
the other categories and classes of The FAA proposes to reword U.S. military flight engineer to credit
aircraft also have the same insurance proposed § 61.157(g) (existing paragraph flight engineer time toward the
policy restrictions. Many of these (j)) to clarify the use of an aircraft on a aeronautical experience requirements
aircraft operators also believe the solo practical test for a type rating that is not for an ATP certificate. Under existing
provisions for commercial pilot capable of instrument maneuvers and § 61.159(c)(2), a flight engineer who is
certification—multiengine airplane procedures and the issuance of a type employed by part 121 operator is
rating that permit the training to be rating with a VFR limitation under those allowed to credit flight engineer time
performed solo or with an instructor to circumstances. This proposal parallels toward an ATP certificate. Thus, the
be on board while the applicant is the proposed change under § 61.63(e). proposed change would give military
performing the duties of PIC in a Additionally, this proposal would flight engineers the same opportunity.
multiengine airplane is beneficial in remove paragraphs (g), (h), and (i) that
teaching crew resource management. address the use and limitations of a (71) Proposal to conform ATP
Some operators have said that they flight simulator and flight training aeronautical experience requirements to
would be agreeable to their commercial device and move those requirements ICAO requirements.
pilot applicants practicing abnormal under proposed § 61.64.
The FAA proposes to amend
and emergency procedures if the
(68) Proposal to allow an applicant for § 61.159(d) and (e) to conform to current
applicant’s instructor was on board.
a type rating at the ATP certification ICAO requirements for the ATP
Therefore, the FAA proposes to allow
level in a multiengine, single-pilot aeronautical experience requirements
commercial pilot certification for the
station airplane to meet the for the airplane category as stated in
single-engine airplane, helicopter,
requirements of this part in a multi-seat paragraphs 2.1.9.2 and 2.5.1.3 of the
gyroplane, powered-lift, and airship
version of a multiengine airplane. Personnel Licensing, ICAO Annex 1, to
ratings to be performed either solo or
Proposed § 61.157(h) would require the Convention on International Civil
while performing the duties of PIC with
an applicant for a type rating at the ATP Aviation.
an authorized instructor aboard.
certification level for a multiengine For the past few years, the FAA has
(65) Proposal to clarify the tasks airplane with single-pilot station to received inquiries as to whether
required for the ‘‘instrument training’’ perform the practical test in the multi- applicants for an ATP certificate with
for commercial pilot certification— pilot seat version of that multiengine the ICAO limitation ‘‘Holder does not
airship rating. airplane. Or, the practical test may be meet the pilot in command aeronautical
Ever since the instrument performed in the single-seat version of experience requirements of ICAO’’ must
aeronautical experience requirement that airplane if the Examiner is in a have 1,500 hours of total time as a pilot
was adopted under § 61.129 by the 1997 position to observe the applicant during or 1,200 hours of flight time as a pilot
Amendments, we have received the practical test in the case where there as stated in existing § 61.159(d)(2). The
questions about what is considered is no multi-seat version of that current FAA regulation applies an
appropriate training to cover instrument multiengine airplane. This proposal obsolete ICAO ATP airplane
aeronautical experience. Proposed parallels proposed § 61.63(f) for a type aeronautical experience rule. Before
§ 61.129(g)(3)(i) would clarify the tasks rating in a multi-engine airplane with 1974, ICAO only required 1,200 hours of
required for ‘‘instrument training’’ for single-pilot station at other than the total flight time to qualify for an ATP
the airship rating at the commercial ATP certification level. certificate in the airplane category. In
pilot certification level to include the 1974, ICAO amended its ATP
(69) Proposal to allow an applicant for aeronautical experience requirements
use of a view-limiting device for attitude
a type rating at the ATP certification for the airplane category to require 1,500
instrument flying, partial panel skills,
level in a single-engine, single-pilot hours of flight time as a pilot and
recovery from unusual flight attitudes,
station airplane to meet the retained the additional qualifying
and intercepting and tracking
requirements of this part in a multi-seat aeronautical experience requirements of
navigational systems.
version of a single-engine airplane. only permitting 50 percent of an
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(66) Proposal to revise the ATP Proposed § 61.157(i) would require an applicant’s second-in-command time to
eligibility requirements for persons applicant for a type rating at the ATP be credited and none of an applicant’s
holding foreign commercial or ATP pilot certification level for a single engine flight-engineer time could be credited
licenses. airplane with single-pilot station to (see paragraphs 2.1.9 and 2.5.1.3 of
The FAA proposes to make minor perform the practical test in the multi- ICAO Annex 1, Personnel Licensing).
revisions to § 61.153(d)(3), the ATP pilot seat version of that single engine This proposed change would conform

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5826 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

the FAA regulations to the existing endorsement requirement parallel the aeronautical knowledge subject areas for
ICAO standard. student pilot endorsement requirements the AGI certificate do not cover
of existing § 61.95(a)(2) and (b)(2). instrument subjects on the knowledge
(72) Proposal to delete the flight
test. Only the aeronautical knowledge
instructor-glider flight proficiency (75) Proposal to establish flight
subject areas for the instrument ground
maneuver known as the ‘‘go around’’ instructor night vision goggle
task. instructor (IGI) certificate cover
qualification requirements for a flight
instrument subjects. Authorizing
The FAA proposes to delete the flight instructor.
instrument privileges to a holder of only
instructor-glider flight proficiency The FAA proposes to add paragraph an AGI certificate is not appropriate.
maneuver known as the ‘‘go around’’ (k) to § 61.195 to establish qualification
under § 61.187(b)(6)(vii) because non- requirements for a flight instructor to (77) Proposal to clarify the recent
powered gliders are not capable of a go- give PIC qualification and recent experience requirements for ground
around maneuver. training for NVG operations. The FAA instructors.
(73) Proposal to establish flight proposes that an instructor who gives The FAA proposes to revise
instructor qualifications for providing PIC qualification and recent training for § 61.217(a) to clarify the recent
instrument training in flight at the NVG operations must meet the experience requirements for ground
commercial pilot and ATP certification following eligibility requirements: instructors, particularly the meaning of
levels. • Has a pilot and flight instructor the phrase ‘‘served for at least three
certificate with the applicable category months as a ground instructor.’’ This
It is necessary to clarify the flight and class rating for the training.
instructor qualifications for those who proposal would delete this phrase and
• If appropriate, has a type rating on establish more general criteria for recent
give instrument training at the his or her pilot certificate for the
commercial pilot and ATP certification experience requirements. The intent is
aircraft. to recognize a person’s employment or
levels. For example, existing § 61.129 • Is pilot-in-command qualified for
requires 10 hours of instrument training activity as a ground instructor without
NVG operations, in accordance with that person being expected to maintain
for the airplane-single-engine, airplane- § 61.31(l).
multiengine, helicopter, gyroplane, some kind of a time sheet or log to show
• Has logged 100 NVG operations as
powered-lift, and airship ratings at the that he or she ‘‘served for at least three
the sole manipulator of the controls.
months as a ground instructor.’’
commercial pilot certification levels. • Has logged 20 NVG operations as
Yet, under existing § 61.195(c), the FAA sole manipulator of the controls in the Furthermore, under this proposal, the
established flight instructor instrument category and class, and type, if class and FAA would amend § 61.19(e) so that the
qualification requirements only for type is appropriate, of aircraft that the flight instructor certificate’s duration
flight instructors who give instrument will be given in. period is linked to these currency
training for ‘‘the issuance of an • Is qualified and current to act as a requirements.
instrument rating or a type rating not pilot in command in NVG operations (78) Proposal to establish night vision
limited to VFR.’’ The existing regulation under § 61.57(f) or (g). goggle instrument and equipment
does not specifically address the flight • Has a logbook endorsement from an requirements for night vision goggle
instructor qualifications for providing FAA Aviation Safety Inspector or a operations.
instrument training for the commercial person who is authorized by the FAA to
pilot and ATP certification levels. provide that logbook endorsement that The FAA proposes to add § 91.205(h)
Therefore, the FAA proposes to amend states the flight instructor is authorized to establish NVG instruments and
§ 61.195(c) to establish that a flight to perform the NVG pilot in command equipment requirements for NVG
instructor who provides instrument qualification and recent flight operations. This proposal is similar to
training required at the commercial experience requirements under how the FAA requires certain
pilot and airline transport pilot § 61.31(l) and § 61.57(f) and (g). instruments and equipment for VFR
certification levels must hold an The FAA has developed these (day), VFR (night), and IFR operations
instrument rating on both his or her requirements in consultation with under existing § 91.205. This proposal
pilot and flight instructor certificates industry representatives. would state that for NVG flight
that are appropriate to the category and operations, the following instruments
(76) Proposal to allow only a ground and equipment are required to be
class of aircraft in which instrument
instructor with an instrument rating to installed in the aircraft, are required to
training is being provided.
give ground training for the issuance of be functioning in a normal manner, and
(74) Proposal to delete an endorsement an instrument rating and instrument must be approved for use by the FAA:
requirement on a student pilot proficiency check and a
certificate for solo flight into Class B recommendation for the knowledge test • Instruments and equipment
airspace. required for an instrument rating. specified in § 91.205(b), and, for night
flight, instruments and equipment
The FAA proposes to delete the The FAA proposes to amend specified in § 91.205(c).
requirement under § 61.195(d)(3) that a § 61.215(b) to provide that only a • NVGs.
flight instructor must endorse a student certified ground instructor with an
• Interior and exterior aircraft lighting
pilot’s certificate to authorize a solo instrument rating may give ground
system required for use for NVG flight
flight in a Class B airspace area or at an training for the issuance of an
operations.
airport within Class B airspace. Under instrument rating and instrument
existing § 61.95(a)(2) and (b)(2), a proficiency check and a • Two-way radio communications
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student pilot is required only to have recommendation for the knowledge test system.
his or her logbook endorsed when required for an instrument rating. • Gyroscopic pitch and bank
seeking authorization to perform solo Existing § 61.215(b) mistakenly permits indicator (artificial horizon).
flight in Class B airspace or at an airport a person who holds only an advanced • Generator or alternator of adequate
within Class B airspace. This change ground instructor (AGI) certificate to capacity for the required instruments
would make the flight instructor give instrument training. The and equipment.

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5827

(79) Proposal to clarify that the The FAA initially established the (82) Proposal to accommodate the use
‘‘counters’’ for a pilot school’s or figure of 50 student enrollments when it of foreign registered aircraft for part 141
provisional pilot school’s 80 percent or promulgated § 141.33(d)(2) to provide training facilities that are located
higher pass rate must be 10 different for those flight schools that train large outside of the United States.
people. numbers of students. (See 62 FR 16350, The FAA proposes to amend
The FAA proposes to amend § 141.5 April 4, 1997) The position of check § 141.39(b) to allow the use of foreign
to clarify the meaning of the phrase ‘‘a instructor was established because the registered aircraft for part 141 training
quality of training pass rate of at least FAA understands it is nearly impossible facilities that are located outside of the
80 percent.’’ The purpose is to establish to expect chief instructors and assistant U.S. and conduct training outside of the
that the ‘‘counters’’ for the required 80 chief instructors to perform all the U.S.
percent or higher school pass rate must required stage checks, end-of-course Under Amendment No. 141–11 (63 FR
be taken from 10 different graduates, tests, and instructor proficiency checks 53532, October 5, 1998) , the FAA
meaning 10 different people. in large pilot schools. However, since allowed part 141 schools to establish
A graduate can only be counted once the adoption of § 141.33(d)(2), a number training facilities outside the United
in computing the 80 percent pass rate of moderate sized flight schools have States. The FAA has received several
on the first attempt. The wording of informed the FAA that they have inquiries as to whether it is permissible
existing § 141.5 has raised questions sufficient student activity to justify to use foreign registered aircraft when
concerning how many graduates have to check instructors. For example, one the schools’ training facilities are
have graduated. Some have argued that chief instructor commented that his located outside of the United States.
one person could be counted as all 10 school has 15 student enrollments and Further, questions have arisen whether
graduates. The FAA disagrees and each student requires six stage checks it is permissible for these pilot schools’
proposes to amend § 141.5 to clarify that and one end-of-course test. Thus, he is training facilities to adhere to
the 10 graduates must be 10 different maintenance and inspection standards
required to perform 105 tests on his
people. The FAA believes that requiring established by a foreign aviation
school’s 15 student enrollments.
the pass rate to be calculated from 10 authority and still be in compliance
different graduates is a better measure of Another chief instructor commented with § 141.39.
the school’s quality of training and that he has 15 stage and end-of-course Pilot schools are currently required to
provides a more realistic view of the tests per student in his part 141 use civil aircraft of U.S. registry.
school’s pass rate. approved course. This computes to a Existing § 141.39 only allows a pilot
total of 300 tests he must perform. school’s maintenance and inspection
(80) Proposal to clarify pilot school
The FAA has made it clear that it did standards to be maintained under part
examining authority.
not expect the chief and assistant chief 91, subpart E. The FAA, however, wants
The FAA has found it necessary to instructors to delegate all their duties to accommodate the use of foreign
revise the language under § 141.9 and responsibilities to the check registered aircraft and foreign
because some have misunderstood the instructors See 62 FR 16350, April 4, maintenance and inspection standards
rule and believe that when the FAA 1997. The FAA encourages and expects established by a foreign aviation
issues examining authority to a pilot chief and assistant chief instructors to authority in pilot schools located
school, it authorizes examining continue to have direct experience with outside of the United States when the
authority for all the training courses of training is conducted outside the United
monitoring the quality of instruction
that school. This is not true. The FAA States. The FAA does not believe there
and student performance in their
provides examining authority on a are any potential adverse effects on
schools. The FAA expects the school’s
course-by-course basis. This would aviation safety by proposing these
mean, if the pilot school makes specific chief and assistant chief instructors to
changes.
application for a course, the FAA will continue checking their instructors’
issue examining authority if it meets the quality of training and their students’ (83) Proposal to delete § 141.53(c)(1)
qualification requirements of § 141.63. performance. However, the FAA because the requirement is no longer
Furthermore, the FAA only issues recognizes that this can be done by needed.
examining authority to a pilot school sampling instructor proficiency and The FAA proposes to delete the
that meets the requirements of subpart student performance. The FAA does not provision under § 141.53(c)(1) that
D of part 141, as opposed to a believe it is necessary to establish a states ‘‘A training course submitted for
provisional pilot school. Under regulatory requirement on the numbers approval prior to August 4, 1997 may,
§ 141.63, a provisional pilot school is of stage checks, end-of-course tests, and if approved, retain that approval until 1
not qualified to receive examining instructor proficiency checks that each year after August 4, 1997’’ because the
authority. chief instructor or assistant chief requirement is no longer needed. All
instructor must perform. That decision courses under part 141 had to receive
(81) Proposal to reduce the number of
should be left to the school’s their re-approval as of August 4, 1998,
student enrollments to qualify for a
management. Therefore, the FAA so the provision is obsolete.
check instructor position.
proposes to reduce the number of (84) Proposal to clarify the requirement
The FAA proposes to amend student enrollments to qualify for the
§ 141.33(d)(2) to reduce the number of for approval of a training course.
creation of a check instructor position to
student enrollments from 50 students to ten students. A minimum of ten student For clarification purposes, the FAA
10 students in a part 141 pilot school to enrollments would allow for check proposes to change the phrase ‘‘the
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qualify for check instructor positions. practical or knowledge test, or any


instructor positions to be designated for
The FAA is responding positively to combination thereof’’ under
the medium-sized and the smaller pilot
recommendations it has received from § 141.55(e)(2)(ii) to read ‘‘the practical
the pilot school industry to authorize schools. or knowledge test, as appropriate.’’
the use of check instructors in some of When a pilot school requests final
the smaller pilot schools. approval for a knowledge training

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5828 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

course, at least 80 percent of their instructor or recommending instructor. airplane single-engine rating course
students must have passed the The reason for this proposed change is from requiring a flight of ‘‘at least 50
knowledge test on the first attempt to allow pilot schools to make better use nautical miles’’ to ‘‘more than 50
(knowledge test means ‘‘a test on the of chief instructors’ time and nautical miles.’’ This proposal is to
aeronautical knowledge areas required management responsibilities. conform the distance requirement under
for an airman certificate or rating that this provision to the definition of
(87) Proposal to amend the eligibility
can be administered in written form or ‘‘cross-country’’ under § 61.1(b)(3)(ii).
requirement for enrollment in the flight
by a computer’’). When a pilot school
portion of a private pilot certification (90) Proposal to conform the solo cross-
requests final approval for a flight
course. country mileage requirement in an
training course, at least 80 percent of
Under the current rules, the FAA approved private pilot-airplane
their students must have passed the
requires a person hold at least a multiengine rating course to the
practical test on the first attempt
recreational or student pilot certificate definition of ‘‘cross-country.’’
(practical test means ‘‘a test on the areas
of operations for an airman certificate, before enrolling in the flight portion of The FAA proposes to amend the solo
rating, or authorization that is the private pilot certification course. cross-country distance requirement in
conducted by having the applicant This means that a person must complete paragraph 5(b)(1) of appendix B to part
respond to questions and demonstrate his or her medical licensing before 141 for the private pilot certification—
maneuvers in flight, in a flight beginning flight training. Many pilot airplane multiengine rating course from
simulator, or in a flight training schools have indicated that they would requiring a flight of ‘‘at least 50 nautical
device’’). The current language is like the rule changed because (1) it miles’’ to ‘‘more than 50 nautical
confusing and the testing requirements affects their ability to credit orientation miles.’’ The purpose of this proposal is
have been misapplied. flights towards overall training to conform the distance requirement
requirements (it is common practice under this provision to the definition of
(85) Proposal to clarify the rules for when a person inquires about flight ‘‘cross-country’’ under § 61.1(b)(3)(ii).
crediting previous training when training to provide that person a local
transferring to a part 141 pilot school. (91) Proposal to conform the solo cross-
orientation flight); and (2) for those pilot
The FAA proposes to clarify country mileage requirement in an
schools that are located in remote areas,
§ 141.77(c) for crediting previous approved private pilot-helicopter rating
it may take a week or two for a student
training based on a proficiency test or a course to ICAO requirements and the
to get an appointment for a flight
knowledge test. Existing § 141.77(c) definition of ‘‘cross-country.’’
physical.
provides that, for students who transfer The FAA has evaluated the request The FAA proposes to amend
to a part 141 pilot school, crediting for made by the pilot schools, and we do paragraph 5(c)(1) of appendix B to part
previous training must be based on ‘‘a not believe there are any safety concerns 141 to change the solo cross-country
proficiency test or knowledge test, or with accommodating the distance requirement for the private
both.’’ This language has generated recommendation. Thus, the FAA is pilot certification—helicopter rating
questions about whether it is possible to proposing that under part 141, appendix course from ‘‘at least 75 nautical miles
credit previous flight training strictly on B, paragraph 2, a person is required to total distance’’ to ‘‘at least 100 nautical
the basis of knowledge test results. The hold a recreational or student pilot miles total distance.’’ The purpose of
answer is no. The FAA never intended certificate to begin the solo phase of the this proposal is to conform this
to allow a transfer student to be private pilot certification course but not provision to the ICAO requirements for
awarded flight training credit purely on for the flight portion of the certification the cross-country distance, as set forth
the basis of completing a knowledge course. in ICAO Annex I, paragraph 2.7.1.3.2,
test. Nor did the FAA intend to allow a which requires that the total distance for
transfer student to be awarded ground (88) Proposal to conform references to a cross-country flight be at least 100
training credit on the basis of instrument training in the private pilot nautical miles.
completing a proficiency test. courses to instrument training for Also, the FAA proposes to amend the
A student who transfers to a part 141 private pilot certification for the solo cross-country flight requirement in
pilot school and requests credit for airplane and powered-lift ratings. paragraph 5(c)(1) of appendix B to part
previous flight training must complete a The FAA proposes to amend part 141, 141 for the private pilot certification—
proficiency test that is given by the appendix B, 4(b)(1)(iii), 4(b)(2)(iii), and helicopter rating course from ‘‘at least
receiving pilot school’s chief instructor 4(b)(5)(iii) of the private pilot 25 nautical miles’’ to ‘‘ more than 25
or delegated check instructor. A student certification courses for the airplane nautical miles.’’ The purpose of this
who transfers to a part 141 pilot school single-engine, airplane multiengine, and proposal is to conform the distance
and requests credit for previous ground powered-lift ratings, to mirror the requirement of this provision to the
training, must complete a knowledge requirements for private pilot definition of ‘‘cross-country’’ under
test that is given by the receiving pilot certification for the single-engine § 61.1(b)(3)(v).
school’s chief instructor or delegated airplane, multiengine airplane, or
(92) Proposal to conform the solo cross-
check instructor. powered-lift ratings under existing
country mileage requirement in an
§ 61.109.
(86) Proposal to allow the chief approved private pilot-gyroplane rating
instructor to delegate certain tasks to a (89) Proposal to conform the solo cross- course to the definition of ‘‘cross-
recommending instructor. country mileage requirement in a country.’’
Under this proposed change, the FAA private pilot-airplane single-engine The FAA proposes to amend
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would allow a chief instructor to rating course to the definition of ‘‘cross- paragraph 5(d)(1) of appendix B to part
delegate certification of a student’s country.’’ 141 to change the solo cross-country
training record, graduation certificate, The FAA proposes to amend the solo distance requirement for the private
stage check, end-of-course test report, cross-country distance requirement in pilot certification—gyroplane rating
and recommendation for course paragraph 5(a)(1) of appendix B to part course from ‘‘at least 75 nautical miles
completion to an assistant chief 141 for the private pilot certification— total distance’’ to ‘‘at least 100 nautical

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5829

miles total distance.’’ The purpose of percent of instrument training course and (b)(7)(iii)) in the commercial pilot
this proposal is to conform to the ICAO required hours in a flight simulator or certification courses to merely read
requirements for cross-country distance, flight training device. A view-limiting ‘‘One cross-country flight during night-
as set forth in ICAO Annex I, paragraph device (e.g., a hood device or fogged time conditions * * * .’’ This, in effect,
2.7.1.3.2, which requires that the total glasses) would have to be worn by the would permit the night-time cross-
distance for a cross-country flight be at applicant when logging instrument country training flight to be performed
least 100 nautical miles. Also, the FAA training in the PCATD. under IFR or under VFR.
proposes to amend the solo cross-
(95) Proposal to allow the solo training (97) Proposal to delete the cross-country
country flight requirement in paragraph
requirements for the approved training at night time requirement for
5(d)(1) of appendix B to part 141 for the
commercial pilot certification courses to the commercial pilot certification course
private pilot certification—gyroplane
be performed solo or with an instructor for the gyroplane rating.
rating course from ‘‘ at least 25 nautical
on board. The FAA proposes to delete the cross-
miles’’ to ‘‘ more than 25 nautical
miles.’’ The purpose of this proposal is The FAA proposes to amend country training at night time
to conform the distance requirement paragraph 5 of appendix D to part 141 requirement in paragraph 4(b)(4)(iii) of
under this provision to the definition of for a commercial pilot certification part 141, appendix D for the commercial
‘‘cross-country’’ under § 61.1(b)(3)(v). course to be performed either solo or pilot certification course for the
with a flight instructor on board. The gyroplane rating. The FAA determined
(93) Proposal to conform the solo cross- purpose is to conform paragraph 5 of that night-time training for the
country mileage requirement in an appendix D to part 141 to what is being gyroplane rating for the commercial
approved private pilot-powered-lift proposed under §§ 61.129(a)(4), (c)(4), pilot certification course would be more
rating course to the definition of ‘‘cross- (d)(4), and (e)(4) for the single-engine useful and more safely conducted near
country.’’ airplane, helicopter, gyroplane, and an airport, because gyroplanes have very
The FAA proposes to amend the solo powered-lift ratings at the commercial limited equipment and systems for
cross-country distance requirement in pilot certification level. nighttime cross country operations.
paragraph 5(e)(1) of part 141, appendix
(96) Proposal to allow the cross-country (98) Proposal to require ground
B for the private pilot certification—
training flights for the approved reference maneuvers as an area of
powered-lift rating course from ‘‘ at least
commercial pilot certification courses to operation for the gyroplane rating in the
50 nautical miles’’ to ‘‘more than 50
be performed under VFR or IFR. commercial pilot certificate course.
nautical miles.’’ The purpose of this
proposal is to conform the distance The FAA proposes to amend The FAA proposes to amend
requirement under this provision to paragraph 4 of part 141, appendix D to paragraph 4(d)(4)(vi) of appendix D to
definition of ‘‘cross-country’’ under allow the cross-country training flights part 141 to require ground reference
§ 61.1(b)(3)(ii). in the commercial pilot certification maneuvers as an area of operation for
courses to be performed under VFR or the gyroplane rating in the commercial
(94) Proposal to allow instrument IFR. This proposal responds positively pilot certificate course. This would
training to be performed in a personal to recommended changes to part 141 conform paragraph 4(d)(4)(vi) of part
computer aviation training device. from some pilot schools. 141, appendix D with proposed
The FAA proposes to amend From the time that the cross-country § 61.127(b)(4)(vi) that would require
paragraph 4(b) of part 141, appendix C, training requirements under part 141, flight proficiency in ‘‘ground reference
by adding a paragraph (5). This would appendix D, paragraph 4 of were maneuvers’’ for the gyroplane rating in
allow 10 percent of the instrument promulgated, the FAA has received the commercial pilot certificate course.
training for the instrument rating course recommendations from several pilot The ground reference maneuvers must
to be performed in a PCATD. schools and companies that prepare include at least ‘‘eights around a pylon,’’
Under this proposal, the instrument training courses to amend the ‘‘eights along a road,’’ ‘‘rectangular
training that would be performed in a requirements to allow cross-country course,’’ ‘‘S-turns,’’ and ‘‘turns around a
PCATD would be given by the holder of flights to be performed under IFR. The point.’’
a ground instructor certificate with an basis for their recommendation is that
instrument rating or by a holder of a most commercial pilot training (99) Proposal to allow the complex
flight instructor certificate with an applicants for airplane ratings and some airplane training for the approved
instrument rating appropriate to the for helicopter ratings are concurrently commercial pilot certification course—
instrument rating sought. The enrolled in an instrument rating course. airplane single-engine rating to be
instrument training given in a PCATD The FAA agrees that it makes sense to performed in either a single or
would contribute to the maximum 50 allow these cross-country training multiengine complex airplane.
percent of the instrument training requirements to be performed under IFR In response to the Aircraft Owners
permitted to be performed in a flight or VFR. The FAA proposes to amend the and Pilots Association’s (AOPA)
simulator or a flight training device in requirements for the daytime cross- petition for rulemaking of February 11,
accordance with existing paragraph 4(c) country training flight (see 1999, the FAA proposes to amend the
of appendix C to part 141. For a PCATD subparagraphs (b)(1)(iii), (b)(2)(iii), complex airplane training requirement
to be used for instrument training under (b)(3)(ii), (b)(4)(ii), (b)(5)(ii), (b)(7)(ii)) to for the commercial pilot certification
paragraph 4(d) of part 141, appendix C, read ‘‘One cross-country flight during course for the single-engine airplane
the PCATD, instrument training, and daytime conditions * * * .’’ This, in rating under paragraph 4.(b)(1)(ii) of
instrument tasks would have to be effect, would permit the daytime cross- appendix D to part 141. The FAA would
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approved by the FAA. The instrument country training flight to be performed allow the commercial pilot certification
training in a PCATD would have to be under IFR or VFR. course for the single-engine airplane
provided by an authorized instructor. The FAA also proposes the night-time rating to be approved with use of either
For a person to receive the maximum 10 cross-country training flight a complex single-engine airplane or a
percent credit in a PCATD, the person requirements (See subparagraphs complex multiengine airplane. The use
could not have logged more than 40 (b)(1)(iv), (b)(2)(iv), (b)(3)(iii), (b)(5)(iii), of either a complex single-engine

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5830 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

airplane or a complex multiengine subpart G before applying for the ATP VIII. Regulatory Notices and Analyses
airplane to meet the single-engine certificate.
Paperwork Reduction Act
airplane training requirements is The existing language in paragraph 2
permitted under existing of part 141, appendix E has been Information collection requirements
§ 61.129(a)(3)(ii) for those training associated with this NPRM have been
interpreted by some to mean that a
organizations that have chosen not to be approved previously by the Office of
person could apply for an ATP
approved under part 141. The FAA has Management and Budget (OMB) under
certificate after meeting either existing
determined that the current provision the provisions of the Paperwork
paragraph 2.(a), (b), (c), or (d) of part
under part 141 may create an unfair Reduction Act of 1995 (44 U.S.C.
141, appendix E. This is not correct,
financial burden on applicants at a part 3507(d)) and have been assigned OMB
because an applicant for an ATP
141 pilot school versus those applicants Control Numbers 2120–0009 and 0021.
certificate must also meet the
who receive their training other than
appropriate aeronautical experience International Compatibility
through a part 141 pilot school.
Therefore, the FAA proposes to delete requirements under part 61, subpart G. In keeping with U.S. obligations
the word ‘‘single-engine’’ from The proposed introductory language in under the Convention on International
paragraph 4.(b)(1)(ii) of part 141, paragraph 2 in part 141, appendix E will Civil Aviation, it is FAA policy to
appendix D, so the rule would merely clarify that an applicant for an ATP comply with International Civil
read as ‘‘10 hours of training in an certificate must also meet the Aviation Organization (ICAO) Standards
airplane that has retractable landing appropriate aeronautical experience and Recommended Practices to the
gear, flaps, and a controllable pitch requirements under part 61, subpart G maximum extent practicable. There is
propeller, or is turbine-powered.’’ prior to completion of the flight portion one proposal in this notice (See
of the ATP certification course. proposal No. 71) where the FAA is
(100) Proposal to clarify the instrument
training for the commercial pilot (102) Proposal to clarify the ground and proposing to amend § 61.159(d) and (e)
certification courses for the airplane flight training required for the approved to conform our ATP certification
single-engine, airplane multiengine, additional category and/or class rating requirements to ICAO Standards and
helicopter, gyroplane, powered-lift, and course. Recommended Practices.
airship ratings. Executive Order 12866 and DOT
The FAA proposes to amend
The FAA proposes to amend Regulatory Policies and Procedures
paragraphs 3 and 4 of appendix I to part
paragraphs 4(b)(1)(i), (2)(i), (3)(i), (4)(i), 141 to clarify the ground and flight Pilot, Flight Instructor, and Pilot School
(5)(i), and (7)(i) of part 141, appendix D training required for the additional Certification: Economic Assessment,
to clarify that the tasks required for category and/or class rating course. This Initial Regulatory Flexibility
‘‘instrument training’’ in the commercial proposal is in response to questions Determination, Trade Impact
pilot certification courses for the about what is the amount of ground and Assessment, and Unfunded Mandates
airplane single-engine, airplane flight training required for an add-on Assessment
multiengine, rotorcraft helicopter, aircraft category and/or class rating
rotorcraft gyroplane, powered-lift, and Changes to Federal regulations must
course. undergo several economic analyses.
airship ratings require the use of a view-
limiting device (e.g. use of a hood The confusion arises because the First, Executive Order 12866 directs that
device, fogged goggles, etc.). This language of existing paragraphs 3 and 4 each Federal agency shall propose or
proposal is in response to inquiries of part 141, appendix I to part 141 that adopt a regulation only upon a reasoned
about what tasks are required to satisfy states that training must be in the areas determination that the benefits of the
‘‘instrument training’’ for commercial ‘‘that are specific to that aircraft intended regulation justify its costs.
pilot certification courses. category and class rating and pilot Second, the Regulatory Flexibility Act
This proposal would parallel the certificate level for which the course of 1980 (Pub. L. 96–354) requires
proposed changes to instrument training applies.’’ Many believe this language agencies to analyze the economic
under § 61.129 for the airplane single- does not clearly state what are the impact of regulatory changes on small
engine, airplane multiengine, rotorcraft required ground and flight training entities. Third, the Trade Agreements
helicopter, rotorcraft gyroplane, amounts and content for ‘‘add-on’’ Act (Pub. L. 96–39) prohibits agencies
powered-lift, and airship ratings at the category/class courses. Therefore, the from setting standards that create
commercial pilot certification level. FAA proposes to expand the content of unnecessary obstacles to the foreign
paragraphs 3 and 4 of part 141, commerce of the United States. In
(101) Proposal to require pilots enrolled appendix I for these additional category developing U.S. standards, this Trade
in an ATP certification course to have and/or class rating courses to specify the Act requires agencies to consider
met the ATP aeronautical experience required amount of ground and flight international standards and, where
requirements of part 61, subpart G prior training and their content for an add-on appropriate, that they be the basis of
to completion of the course. aircraft category and/or class rating U.S. standards. Fourth, the Unfunded
The FAA proposes to amend course at the recreational pilot, private Mandates Reform Act of 1995 (Pub. L.
paragraph 2 of part 141, appendix E to pilot, commercial pilot, and ATP 104–4) requires agencies to prepare a
establish that a person must first meet certification levels. Proposed paragraphs written assessment of the costs, benefits,
the aeronautical experience 3 and 4 also would establish the and other effects of proposed or final
requirements under part 61, subpart G, required amount of ground and flight rules that include a Federal mandate
for an ATP certificate before completing training and their content for just an likely to result in the expenditure by
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the flight portion of an ATP certification ‘‘add-on’’ class rating (i.e., where the State, local, or tribal governments, in the
course. The purpose of this proposal is applicant already holds a rating in that aggregate, or by the private sector, of
to clarify that a person who completes aircraft category, and the course at issue $100 million or more annually (adjusted
the ATP certification course must also is only for an added class rating within for inflation with base year of 1995).
have met the appropriate ATP that aircraft category) at the various This portion of the preamble
aeronautical experience of part 61, pilot certification levels. summarizes the FAA’s analysis of the

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5831

economic impacts of this proposed rule. agency must prepare a regulatory a mandate is deemed to be a ‘‘significant
We suggest readers seeking greater flexibility analysis as described in the regulatory action.’’ The FAA currently
detail read the full regulatory RFA. uses an inflation-adjusted value of
evaluation, a copy of which we have However, if an agency determines that $128.1 million in lieu of $100 million.
placed in the docket for this rulemaking. a rule is not expected to have a This proposed rule does not contain
In conducting these analyses, FAA significant economic impact on a such a mandate.
has determined that this proposed rule: substantial number of small entities,
(1) Has benefits that justify its costs, (2) section 605(b) of the RFA provides that Executive Order 13132, Federalism
is not an economically ‘‘significant the head of the agency may so certify The FAA has analyzed this proposed
regulatory action’’ as defined in section and a regulatory flexibility analysis is rule under the principles and criteria of
3(f) of Executive Order 12866, (3) is not not required. The certification must Executive Order 13132, Federalism. We
‘‘significant’’ as defined in DOT’s include a statement providing the determined that this action would not
Regulatory Policies and Procedures; (4) factual basis for this determination, and have a substantial direct effect on the
would not have a significant economic the reasoning should be clear. States, on the relationship between the
impact on a substantial number of small The cost of the additional training for national Government and the States, or
entities; (5) would not create the night vision goggle requirement is on the distribution of power and
unnecessary obstacles to the foreign about $1,800 per pilot ($1,800 ≈ responsibilities among the various
commerce of the United States; and (6) $1,167,138 (undiscounted cost of night levels of government, and therefore
would not impose an unfunded vision goggle training in year 1) ÷ 650 would not have federalism implications.
mandate on state, local, or tribal (estimated population that would
governments, or on the private sector by receive night vision goggle training in Plain English
exceeding the threshold identified year 1)). Since the training is optional Executive Order 12866 (58 FR 51735,
above. These analyses are summarized these small costs would not impose a Oct. 4, 1993) requires each agency to
below. burden on any small entity. Also, this write regulations that are simple and
The FAA proposes to amend the proposal could result in annual cost easy to understand. We invite your
training, qualification, certification, and savings of about $625 per rotorcraft pilot comments on how to make these
operating requirements for pilots, flight and a maximum cost savings of about proposed regulations easier to
instructors, ground instructors, and $430 per GA pilot by allowing the use understand, including answers to
pilot schools. These changes are needed of alternate methods to maintain questions such as the following:
to clarify, update, and correct our instrument currency. We do not • Are the requirements in the
existing regulations. consider the costs or cost-savings of this proposed regulations clearly stated?
For the proposed revisions, for which rule to be significant. Therefore, the • Do the proposed regulations contain
we were able to quantify the cost FAA certifies that this proposed rule unnecessary technical language or
savings, we estimate this proposal to would not have a significant economic jargon that interferes with their clarity?
generate cost savings of $31.6 million impact on a substantial number of small • Would the regulations be easier to
($22.0 million, discounted) and $4.0 entities. The FAA solicits comments understand if they were divided into
million ($3.0 million, discounted) of regarding this determination. more (but shorter) sections?
costs over the 2007–2016 time period. • Is the description in the preamble
Therefore, this proposal is estimated to International Trade Impact Assessment helpful in understanding the proposed
generate a net cost savings of $27.6 The Trade Agreements Act of 1979 regulations?
million ($19.1 million, discounted) over (Pub. L. 96–39) prohibits Federal • Please send your comments to the
the same ten-year period and is cost- agencies from establishing any address specified in the ADDRESSES
beneficial. standards or engaging in related section.
activities that create unnecessary
Regulatory Flexibility Determination obstacles to the foreign commerce of the Environmental Analysis
The Regulatory Flexibility Act of 1980 United States. Legitimate domestic FAA Order 1050.1E identifies FAA
(Pub. L. 96–354) (RFA) establishes ‘‘as a objectives, such as safety, are not actions that are categorically excluded
principle of regulatory issuance that considered unnecessary obstacles. The from preparation of an environmental
agencies shall endeavor, consistent with statute also requires consideration of assessment or environmental impact
the objectives of the rule and of international standards and, where statement under the National
applicable statutes, to fit regulatory and appropriate, that they be the basis for Environmental Policy Act in the
informational requirements to the scale U.S. standards. The FAA has assessed absence of extraordinary circumstances.
of the businesses, organizations, and the potential effect of this proposed rule The FAA has determined this proposed
governmental jurisdictions subject to and has determined that it would have rulemaking action qualifies for the
regulation. To achieve this principle, only a domestic impact and therefore no categorical exclusion identified in
agencies are required to solicit and affect on international trade. paragraph 307(k) and involves no
consider flexible regulatory proposals extraordinary circumstances.
and to explain the rationale for their Unfunded Mandates Assessment
actions to assure that such proposals are Title II of the Unfunded Mandates Regulations That Significantly Affect
given serious consideration.’’ The RFA Reform Act of 1995 (Pub. L. 104–4) Energy Supply, Distribution, or Use
covers a wide-range of small entities, requires each Federal agency to prepare The FAA has analyzed this NPRM
including small businesses, not-for- a written statement assessing the effects under Executive Order 13211, Actions
profit organizations, and small of any Federal mandate in a proposed or Concerning Regulations that
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governmental jurisdictions. final agency rule that may result in an Significantly Affect Energy Supply,
Agencies must perform a review to expenditure of $100 million or more Distribution, or Use (May 18, 2001). We
determine whether a rule will have a (adjusted annually for inflation with the have determined that it is not a
significant economic impact on a base year 1995) in any one year by State, ‘‘significant energy action’’ under the
substantial number of small entities. If local, and tribal governments, in the executive order because it is not a
the agency determines that it will, the aggregate, or by the private sector; such ‘‘significant regulatory action’’ under

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5832 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

Executive Order 12866, and it is not accordance with the privileges and (c) Medical certificate. (1) Except as
likely to have a significant adverse effect limitations of his or her flight instructor provided under paragraph (c)(2) of this
on the supply, distribution, or use of certificate; or section, a person may not serve as a
energy. * * * * * required pilot flight crewmember of an
(4) Current as it relates to a pilot aircraft, unless that person has a valid
List of Subjects
certificate, rating, or authorization and appropriate medical certificate
14 CFR Part 61 means the pilot meets the appropriate issued under part 67 of this chapter or
Aircraft, Airmen, Alcohol abuse, recent flight experience requirements of other documentation acceptable to the
Aviation safety, Drug abuse, Recreation this part for the flight operation being FAA that is in that person’s physical
and recreation areas, Reporting and conducted; current as it relates to a possession or readily accessible in the
recordkeeping requirements, Security flight instructor certificate means the aircraft.
measures, Teachers. flight instructor meets the flight * * * * *
instructor recent experience as specified (f) * * *
14 CFR Part 91 in § 61.197; and current as it relates to (2) * * *
Afghanistan, Agriculture, Air traffic a ground instructor certificate means the (i) Holds a current and valid pilot
control, Aircraft, Airmen, Airports, ground instructor meets the recent certificate with category and class
Aviation safety, Canada, Cuba, Ethiopia, experience as specified in § 61.217. ratings for that aircraft and a current
Freight, Mexico, Noise control, Political * * * * * instrument rating for that category
candidates, Reporting and (13) Night vision goggles means an aircraft;
recordkeeping requirements, appliance worn by a pilot that enhances (ii) Holds a current and valid airline
Yugoslavia. the pilot’s ability to maintain visual transport pilot certificate with category
surface reference at night. and class ratings for that aircraft; or
14 CFR Part 141 (14) Night vision goggle operation * * * * *
Airmen, Educational facilities, means the portion of a flight that occurs (g) * * *
Reporting and recordkeeping during the time period from 1 hour after (2) * * *
requirements, Schools. sunset to 1 hour before sunrise where (i) Holds a current and valid pilot
the pilot maintains visual surface certificate with category and class
The Proposed Amendment reference using night vision goggles in ratings for that aircraft and a current
In consideration of the foregoing, the an aircraft that is approved for such an instrument rating for that category
Federal Aviation Administration operation. aircraft;
proposes to amend Chapter I of Title 14, * * * * * (ii) Holds a current and valid airline
Code of Federal Regulations, as follows: (20) Valid airman certificate, rating or transport pilot certificate with category
authorization means it has not been and class ratings for that aircraft; or
PART 61—CERTIFICATION: PILOTS surrendered, suspended, revoked, or
AND FLIGHT INSTRUCTORS * * * * *
expired. (j) * * *
1. The authority citation for part 61 3. Amend § 61.3 by revising (1) Age limitation. No person who
continues to read as follows: paragraphs (a) introductory text, (a)(1), holds a pilot certificate issued under
Authority: 49 U.S.C. 106(g), 40113, 44701– (b) introductory text, (c)(1), (f)(2)(i), this part may serve as a pilot on a civil
44703, 44707, 44709–44711, 45102–45103, (f)(2)(ii), (g)(2)(i), (g)(2)(ii), and (j)(1) aircraft of the United States in the
45301–45302. introductory text and by removing following operations if the person has
paragraph (j)(3) to read as follows: reached his or her 60th birthday—
2. Amend § 61.1 by:
A. Revising paragraph (b)(2)(i) and * * * * *
§ 61.3 Requirement for certificates,
(ii); 4. Amend § 61.19 by revising
ratings, and authorizations.
B. Re-designating existing paragraphs paragraphs (b), (d), and (e) to read as
(a) Pilot certificate. A person may not follows:
(b)(12) through (16) as paragraphs serve as a required pilot flight
(b)(15) through (19); crewmember of a civil aircraft of the § 61.19 Duration of pilot and instructor
C. Re-designating existing paragraphs United States, unless that person— certificates.
(b)(4) through (11) as paragraphs (b)(5) (1) Has a current and valid pilot * * * * *
through (12); and certificate or special purpose pilot (b) Student pilot certificate. (1) For
D. Adding new paragraphs (b)(4), (13), authorization issued under this part in student pilots who have not reached
(14), and (20) to read as follows: that person’s physical possession or their 40th birthday, if the medical
§ 61.1 Applicability and definitions. readily accessible in the aircraft when portion of the certificate is current, the
* * * * * exercising the privileges of that pilot student pilot certificate remains current
(b) * * * certificate or authorization. However, for 36 calendar months from the month
(2) * * * when the aircraft is operated within a issued.
(i) A person who holds a valid ground foreign country, a current and valid (2) For student pilots who have
instructor certificate issued under part pilot license issued by that country may reached their 40th birthday, if the
61 of this chapter, and is current, as be used; and medical portion of the certificate is
specified in § 61.217, when conducting * * * * * current, the student pilot certificate
ground training in accordance with the (b) Required pilot certificate for remains current for 24 calendar months
privileges and limitations of his or her operating a foreign-registered aircraft. A from the month issued.
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ground instructor certificate; person may not serve as a required pilot (3) For student pilots seeking a glider
(ii) A person who holds a valid flight flight crewmember of a civil aircraft of or balloon rating only, the student pilot
instructor certificate issued under part foreign registry within the United certificate remains current for 36
61 of this chapter, and is current, as States, unless that person’s pilot calendar months from the month issued,
specified in § 61.197, when conducting certificate— regardless of the student pilot’s age.
ground training or flight training in * * * * * * * * * *

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(d) Flight instructor certificate. A privilege conducted in a glider, balloon, (k)(3) of this section, no person may act
flight instructor certificate: flight simulator, or flight training as a pilot in command of an aircraft
(1) Is issued without a specific device; or using night vision goggles unless that
expiration date; (9) When a pilot of the U.S. Armed person receives and logs ground training
(2) Remains current as long as the Forces can show a current medical from an authorized instructor and
holder complies with § 61.197 of this examination for pilot flight status from obtains a logbook or training record
part (recent flight instructor experience) a medical facility of the U.S. Armed endorsement from an authorized
every 24 calendar months or § 61.199 of Forces and the flight does not involve instructor who certifies the person
this part (reinstatement); and air transportation services under parts completed the ground training. The
(3) Is valid only as long as the holder 121, 125, or 135 of this chapter. ground training must include the
of the certificate maintains a valid U.S. * * * * * following subjects:
pilot certificate. 6. Amend § 61.29 by: (i) Applicable portions of this chapter
(e) Ground instructor certificate. A A. Removing paragraph (d)(3); that relate to night vision goggle
ground instructor certificate: B. Re-designating existing paragraphs limitations and flight operations;
(1) Is issued without a specific (d)(4) and (d)(5) as paragraphs (d)(3) and (ii) Aeromedical factors relating to the
expiration date; and (d)(4); and use of night vision goggles, including
(2) Remains current as long as the C. Revising newly re-designated how to protect night vision, how the
holder complies with the requirements paragraph (d)(4) to read as follows: eyes adapt to night, self-imposed
under § 61.217 of this part. stresses that affect night vision, effects
* * * * * § 61.29 Replacement of a lost or destroyed
airman or medical certificate or knowledge of lighting on night vision, cues used to
5. Amend § 61.23 by: estimate distance and depth perception
test report.
A. Revising paragraph (a)(3)(iv); at night, and visual illusions;
B. Redesignating paragraph (a)(3)(v) as * * * * *
(d) * * * (iii) Normal, abnormal, and
(a)(3)(vi);
(4) Any information regarding the— emergency operations of night vision
C. Adding new paragraphs (a)(3)(v)
(i) Grade, number, and date of goggle equipment;
and (vii);
D. Revising newly designated issuance of the airman certificate and (iv) Night vision goggle performance
paragraph (vi); ratings, if appropriate; and scene interpretation; and
E. Revising paragraphs (b)(3), (7), and (ii) Class of medical certificate, the (v) Night vision goggle operation
(8); and place and date of the medical exam, flight planning, including night terrain
F. Adding a new paragraph (b)(9) to name of the Airman Medical Examiner interpretation and factors affecting
read as follows: (AME), and the circumstances terrain interpretation.
concerning the loss of the original (2) Except as provided under
§ 61.23 Medical certificates: Requirement medical certificate, as appropriate; and paragraph (k)(3) of this section, no
and duration. (iii) Date the knowledge test was person may act as a pilot in command
(a) * * * taken, if appropriate. of an aircraft using night vision goggles
(3) * * * * * * * * unless that person receives and logs
(iv) When exercising the privileges of 7. Amend § 61.31 by: flight training from an authorized
a flight instructor certificate and acting A. Revising paragraph (d); instructor and obtains a logbook or
as the pilot in command; B. Re-designating existing paragraph training record endorsement from an
(v) When exercising the privileges of (k) as (l); and authorized instructor who found the
a flight instructor certificate and serving C. Adding new paragraph (k) to read person proficient in the use of night
as a required pilot flight crewmember; as follows: vision goggles. The flight training must
(vi) When taking a practical test in an include the following tasks:
aircraft for a recreational pilot, private § 61.31 Type rating requirements,
additional training, and authorization (i) Preparation and use of internal and
pilot, commercial pilot, or airline
requirements. external aircraft lighting systems for
transport pilot certificate, or for a flight
night vision goggle operations;
instructor certificate; or * * * * *
(vii) When performing the duties as (d) Aircraft category, class, and type (ii) Preflight preparation of night
an Examiner in an aircraft when ratings: Limitations on operating an vision goggles for night vision goggle
administering a practical test or aircraft as the pilot in command. To operations;
proficiency check for an airman serve as the pilot in command of an (iii) Proper piloting techniques when
certificate, rating, or authorization. aircraft, a person must— using night vision goggles during the
(b) * * * (1) Hold the appropriate category, takeoff, climb, enroute, descent, and
(3) When exercising the privileges of class, and type rating (if a class or type landing phases of flight; and
a pilot certificate with a glider category rating is required) for the aircraft to be (iv) Normal, abnormal, and emergency
rating or balloon class rating in a glider flown; or flight operations using night vision
or a balloon, as appropriate; (2) Have received training required by goggles.
* * * * * this part that is appropriate to the pilot (3) The requirements under
(7) When serving as an Examiner or certification level, aircraft category, paragraphs (k)(1) and (2) of this section
check airman and administering a class, and type rating (if a class or type do not apply if a person can document
practical test or proficiency check for an rating is required) for the aircraft to be satisfactory completion of any of the
airman certificate, rating, or flown, and have received an following pilot proficiency checks using
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authorization conducted in a glider, endorsement for solo flight in that night vision goggles in an aircraft:
balloon, flight simulator, or flight aircraft from an authorized instructor. (i) A pilot proficiency check for using
training device; * * * * * night vision goggles conducted by the
(8) When taking a practical test or a (k) Additional training required for U.S. Armed Forces; or
proficiency check for a certificate, night vision goggle operations. (1) (ii) A pilot proficiency check for using
rating, authorization or operating Except as provided under paragraph night vision goggles under part 135 of

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5834 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

this chapter conducted by an Examiner (b) The pilot flight crew complement the controls easily reached by the
or check airman. required during the practical test is Examiner.
* * * * * based on one of the following * * * * *
8. Amend § 61.35 by revising requirements that applies to the aircraft 12. Amend § 61.51 by:
paragraph (a)(2)(iv) to read as follows: being used on the practical test: A. Adding new paragraph (b)(3)(iv);
(1) If the aircraft’s FAA-approved B. Revising paragraph (b)(1)(iv),
§ 61.35 Knowledge test: Prerequisites and flight manual requires the pilot flight (b)(2)(v), (b)(3)(iii), (e), the heading of
passing grades. crew complement be a single pilot, then paragraph (g) and paragraph (g)(4); and
(a) * * * the applicant must demonstrate single C. Adding new paragraphs (j) and (k)
(2) * * * pilot proficiency on the practical test. to read as follows:
(iv) Permanent mailing address. If the (2) If the aircraft’s type certification
permanent mailing address includes a data sheet requires the pilot flight crew § 61.51 Pilot logbooks.
post office box number, then provide a complement be a single pilot, then the * * * * *
current residential address. applicant must demonstrate single pilot (b) * * *
* * * * * proficiency on the practical test. (1) * * *
9. Amend § 61.39 by revising (3) If the FAA Flight Standardization (iv) Type and identification of aircraft,
paragraphs (b)(2), (c)(1) , (c)(2), (d), and Board report, FAA-approved aircraft flight simulator, flight training device,
(e) to read as follows: flight manual, or aircraft type or personal computer aviation training
certification data sheet allows the pilot device, as appropriate.
§ 61.39 Prerequisites for practical tests. (2) * * *
flight crew complement to be either a
* * * * * single pilot, or a pilot and a copilot, (v) Training received in a flight
(b) * * * then the applicant may demonstrate simulator, flight training device, or
(2) Is employed by the U.S. Armed single pilot proficiency or have a copilot personal computer aviation training
Forces as a flight crewmember in U.S. on the practical test. If the applicant device from an authorized instructor.
military air transport operations at the performs the practical test with a (3) * * *
time of the practical test and has copilot, the limitation of ‘‘Second in (iii) Simulated instrument conditions
completed the pilot in command aircraft Command Required’’ will be placed on in flight, a flight simulator, flight
qualification training program that is the applicant’s pilot certificate. The training device, or personal computer
appropriate to the pilot certificate and limitation may be removed if the aviation training device.
rating sought. applicant passes the practical test by (iv) Use of night vision goggles in an
(c) * * * demonstrating single-pilot proficiency aircraft in flight, in a flight simulator, or
(1) Holds a valid foreign pilot license in the aircraft in which single-pilot in a flight training device.
issued by a contracting State to the privileges are sought. * * * * *
Convention on International Civil (e) Logging pilot in command flight
Aviation that authorizes at least the * * * * *
11. Amend § 61.45 by revising time. (1) A recreational, private,
privileges of the pilot certificate sought; commercial, or airline transport pilot
(2) Is only applying for a type rating; paragraphs (a)(2)(iii) and (c) to read as
follows: may log pilot in command flight time
or for flights—
* * * * * § 61.45 Practical tests: Required aircraft (i) When the pilot is the sole
(d) If all increments of the practical and equipment. manipulator of the controls of an aircraft
test are not completed in 1 day, all (a) * * * for which the pilot is rated, or has sport
remaining increments of the test must (2) * * * pilot privileges;
be completed within 2 calendar months (ii) When the pilot is the sole
(iii) A military aircraft of the same
after the month the applicant began the occupant in the aircraft;
category, class, and type, if class and
test. (iii) When the pilot, except for a
type are applicable, for which the
(e) If all increments of the practical recreational pilot, acts as pilot in
applicant is applying for a certificate or
test are not completed within 2 calendar command of an aircraft for which more
rating, and provided—
months after the month the applicant than one pilot is required under the type
began the test, the applicant must retake (A) The aircraft is under the direct
certification of the aircraft or the
the entire practical test. operational control of the U.S. Armed
regulations under which the flight is
Forces;
10. Amend § 61.43 by revising conducted; or
(B) The aircraft is airworthy under the (iv) When the pilot performs the
paragraphs (a) and (b) to read as follows: maintenance standards of the U.S. duties of pilot in command while under
§ 61.43 Practical tests: General Armed Forces; and the supervision of a qualified pilot in
procedures. (C) The applicant has a letter from his command provided—
(a) Completion of the practical test for or her commanding officer authorizing (A) The pilot performing the duties of
a certificate or rating consists of— the use of the aircraft for the practical pilot in command holds a current and
(1) Performing the tasks specified in test. valid commercial or airline transport
the areas of operation for the airman * * * * * pilot certificate and aircraft rating that is
certificate or rating sought within the (c) Required controls. Except for appropriate to the category and class of
approved practical test standards; lighter-than-air aircraft and gliders, an aircraft being flown, if a class rating is
(2) Demonstrating mastery of the aircraft used for a practical test must appropriate;
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aircraft by performing each task have engine power controls and flight (B) The pilot performing the duties of
successfully; controls that are easily reached and pilot in command is undergoing an
(3) Demonstrating proficiency and operable in a conventional manner by approved pilot in command training
competency within the approved both pilots, unless the Examiner program that includes ground and flight
standards; and determines that the practical test can be training on the following areas of
(4) Demonstrating sound judgment. conducted safely in the aircraft without operation—

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5835

(1) Preflight preparation; (3) An aircraft of foreign registry with maintained in actual weather
(2) Preflight procedures; an airworthiness certificate that is conditions, or under simulated
(3) Takeoff and departure; approved by the aviation authority of a conditions using a view-limiting device
(4) In-flight maneuvers; foreign country that is a member state to that involves performing the
(5) Instrument procedures; the Convention on International Civil following—
(6) Landings and approaches to Aviation Organization; (i) Six instrument approaches
landings; (4) A military aircraft under the direct consisting of both precision and non-
(7) Normal and abnormal procedures; operational control of the U.S. Armed precision approaches.
(8) Emergency procedures; and Forces; or (ii) One complete holding pattern at a
(9) Postflight procedures; (5) A public aircraft under the direct radio station and one complete holding
(C) The supervising pilot in command operational control of a Federal, State, pattern at an intersection or at a
holds a— County, or Municipal law enforcement waypoint.
(1) Current and valid commercial agency, if the flight time was acquired (iii) One hour of cross-country flying
pilot certificate and flight instructor by the pilot while engaged on an official that involves intercepting and tracking
certificate, and aircraft rating that is law enforcement flight for a Federal, courses through the use of navigation
appropriate to the category, class, and State, County, or Municipal law systems, performing a takeoff, area
type of aircraft being flown, if a class or enforcement agency. departure, enroute, area arrival,
type rating is required; or (k) Logging night vision goggle time. approach, and missed approach phase
(2) Current and valid airline transport (1) A person may log night vision goggle of flight.
pilot certificate and aircraft rating that is time only for the time the person uses (2) Use of a flight simulator or flight
appropriate to the category, class, and night vision goggles as the primary training device for maintaining
type of aircraft being flown, if a class or visual reference of the surface and instrument experience. Within the 6
type rating is required; and operates: calendar months preceding the flight,
(D) The supervising pilot in command (i) An aircraft during a night vision that person performed and logged at
logs the pilot in command training in goggle operation; or least the following tasks, iterations, and
the pilot’s logbook, certifies the pilot in (ii) A flight simulator or flight training simulation time in a flight simulator or
command training in the pilot’s device with the lighting system adjusted flight training device, provided the
logbook, and attests to that certification to represent the period beginning 1 hour flight simulator or flight training device
with his or her signature, and flight after sunset and ending 1 hour before represents the category of aircraft for the
instructor certificate number. sunrise. instrument rating privileges to be
(2) If rated to act as pilot in command (2) An authorized instructor may log maintained and the person uses a view-
of the aircraft, an airline transport pilot night vision goggle time when that limiting device that involves performing
may log all flight time while acting as person conducts training using night the following—
pilot in command of an operation vision goggles as the primary visual (i) Three hours of instrument
requiring an airline transport pilot reference of the surface and operates: experience.
certificate. (i) An aircraft during a night goggle (ii) Two 180-degree steep turns
(3) A certificated flight instructor may operation; or involving turns in both directions.
log pilot in command time for all flight (ii) A flight simulator or flight training (iii) One complete holding pattern at
time while serving as the authorized device with the lighting system adjusted a radio station and one complete
instructor in an operation if the to represent the period beginning 1 hour holding pattern at an intersection or at
instructor is rated to act as pilot in after sunset and ending 1 hour before a waypoint.
command of that aircraft. sunrise. (iv) Six precision approaches.
(3) To log night vision goggle time to (v) Six non-precision approaches.
* * * * * meet the recent night vision goggle (vi) Two usual altitude recoveries
(g) Logging instrument time. experience requirements under while in a descending, Vne airspeed
* * * * * § 61.57(f), a person must log the condition and two usual altitude
(4) A person can use time in a flight information required under § 61.51(b). recoveries while in an ascending, stall
simulator, flight training device, or speed condition.
personal computer aviation training 13. Amend § 61.57 by revising
paragraph (c) and (d); and adding new (vii) One hour of a simulated cross-
device for acquiring instrument country operation that involves
aeronautical experience for a pilot paragraphs (f) and (g) to read as follows:
intercepting and tracking courses
certificate, rating, or instrument recency § 61.57 Recent flight experience: Pilot in through the use of navigation systems,
experience, provided an authorized command. performing a takeoff, area departure,
instructor is present to observe that time * * * * * enroute, area arrival, approach, and
and signs the person’s logbook to verify (c) Instrument experience. Except as missed approach phase of flight.
the time and the content of the training provided in paragraph (e) of this (3) Use of a personal computer
session. section, no person may act as pilot in aviation training device for maintaining
* * * * * command under IFR or weather instrument experience. Within the 2
(j) Aircraft requirements for logging conditions less than the minimums calendar months preceding the flight,
flight time. For a person to log flight prescribed for VFR unless: that person performed and logged at
time, the time must be acquired in an (1) Use of an airplane, powered-lift, least the following tasks, iterations, and
aircraft that is identified as an aircraft helicopter, or airship for maintaining simulation time in a personal computer
under § 61.5(b), and is— instrument experience. Within the 6 aviation training device and the person
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(1) An aircraft of U.S. registry with a calendar months preceding a flight, that uses a view-limiting device that
current standard, limited, restricted, person performed and logged at least the involves performing the following—
experimental, or primary airworthiness following tasks, iterations, and flight (i) Three hours of instrument
certificate; time in an airplane, powered-lift, experience.
(2) A light sport aircraft for a sport helicopter, or airship, as appropriate, for (ii) Two 180-degree steep turns
pilot rating or privilege; the instrument rating privileges to be involving turns in both directions.

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5836 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

(iii) One complete holding pattern at performing a takeoff, area departure, area departure, enroute, and area arrival
a radio station and one complete enroute, area arrival, approach, and phase of flight; and
holding pattern at an intersection or at missed approach phase of flight. (B) Two hours of instrument flight
a waypoint. (5) Combination of completing time in a glider or a single-engine
(iv) Six precision approaches. instrument experience in a flight airplane with the use of a view limiting
(v) Six non-precision approaches. simulator or flight training device, and device while performing straight glides,
(vi) Two usual altitude recoveries a personal computer aviation training turns to specific headings, steep turns,
while in a descending, Vne airspeed device. A person who elects to complete flight at various airspeeds, navigation,
condition and two usual altitude the instrument experience with a and slow flight and stalls.
recoveries while in an ascending, stall combination of a flight simulator or (ii) Before a pilot is allowed to carry
speed condition. flight training device, and a personal a passenger in a glider under IFR or in
(vii) One hour of a simulated cross- computer aviation training device must weather conditions less than the
country operation that involves have within the 6 calendar months minimums prescribed for VFR, that
intercepting and tracking courses preceding the flight performed and pilot also must have logged and
through the use of navigation systems, logged— performed 2 hours of instrument flight
performing a takeoff, area departure, (i) One hour of a simulated cross- time in a glider using a view limiting
enroute, area arrival, approach, and country operation using a view-limiting device while performing performance
missed approach phase of flight. device in a flight simulator or flight maneuvers, performance airspeeds,
(4) Combination of completing training device that represents the navigation, slow flight, and stalls.
instrument experience in an aircraft and category of aircraft for the instrument (d) Instrument proficiency check.
a flight simulator, flight training device, rating privileges to be maintained and Except as provided in paragraph (e) of
or personal computer aviation training involves performing the tasks of this section, a person who does not meet
device. A person who elects to complete intercepting and tracking courses the instrument experience requirements
the instrument experience with a through the use of navigation systems, of paragraph (c) of this section within
combination of an aircraft, and a flight performing a takeoff, area departure, the 12 calendar months before the flight
simulator, flight training device, or enroute, area arrival, approach, and may not serve as pilot in command
personal computer aviation training missed approach phase of flight; and under IFR or in weather conditions less
device must have within the 6 calendar (ii) Three hours of instrument than the minimums prescribed for VFR
months preceding the flight performed experience using a view-limiting device until having passed an instrument
and logged— in a personal computer aviation training proficiency check that consists of the
(i) One hour of cross-country flying in device that represents the category of tasks required by the instrument rating
an airplane, powered-lift, helicopter, or aircraft for the instrument rating practical test.
airship, as appropriate, for the privileges to be maintained and involves
instrument rating privileges to be * * * * *
performing at least the following tasks— (f) Night vision goggle operating
maintained in actual weather (A) Two 180-degree steep turns
conditions, or under simulated experience. (1) No person may act as a
involving turns in both directions.
conditions using a view-limiting device pilot in command in a night vision
(B) One complete holding pattern at a
and performing the tasks of intercepting goggle operation with passengers on
radio station and one complete holding
and tracking courses by the use of board unless, within 2 calendar months
pattern at an intersection or at a
navigation systems, performing a before the flight, that person performs
waypoint.
takeoff, area departure, enroute, area (C) Six precision approaches. and logs the following tasks as the sole
arrival, approach, and missed approach (D) Six non-precision approaches. manipulator of the controls on a flight
phase of flight; and (E) Two usual altitude recoveries during a night vision goggle operation—
(ii) Three hours of instrument while in a descending, Vne airspeed (i) Three takeoffs and three landings,
experience using a view-limiting device condition and two usual altitude with each takeoff and landing including
in a flight simulator, flight training recoveries while in an ascending, stall a climbout, cruise, descent, and
device, or a personal computer aviation speed condition. approach phase of flight (only required
training device that represents the (F) One hour of a simulated cross- if the pilot wants to use night vision
category of aircraft for the instrument country operation that involves goggles during the takeoff and landing
rating privileges to be maintained and intercepting and tracking courses phases of the flight).
involves performing at least the through the use of navigation systems, (ii) Three hovering tasks (only
following tasks— performing a takeoff, area departure, required if the pilot wants to use night
(A) Two 180-degree steep turns enroute, area arrival, approach, and vision goggles when operating
involving turns in both directions. missed approach phase of flight. helicopters or powered-lifts during the
(B) One complete holding pattern at a (6) Maintaining instrument recent hovering phase of flight).
radio station and one complete holding experience in a glider. (iii) Three area departure and area
pattern at an intersection or at a (i) Unless the person has performed arrival tasks.
waypoint. and logged flight time in a glider for the (iv) Three tasks of transitioning from
(C) Six precision approaches. instrument rating privileges to be aided night flight (aided night flight
(D) Six non-precision approaches. maintained in actual weather conditions means where the pilot uses night vision
(E) Two usual altitude recoveries or under simulated conditions that goggles to maintain visual surface
while in a descending, Vne airspeed include the following: reference) to unaided night flight
condition and two usual altitude (A) One hour of instrument flight time (unaided night flight means where the
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recoveries while in an ascending, stall in a glider or in a single-engine airplane pilot does not use night vision goggles)
speed condition. using a view limiting device while and back to aided night flight.
(F) One hour of a simulated cross- performing cross-country practice (v) Three night vision goggle
country operation that involves operations that involve intercepting and operations, or when operating
intercepting and tracking courses tracking courses through the use of helicopters or powered-lifts, six night
through the use of navigation systems, navigation systems while performing an vision goggle operations.

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(2) No person may act as a pilot in (2) A fraudulent or intentionally false instructor attesting that the person was
command using night vision goggles entry in any logbook, record, or report found competent in the appropriate
unless, within 4 calendar months before that is required to show compliance aeronautical knowledge areas and
the flight, that person performs and logs with any requirement for the issuance of proficient in the appropriate areas of
the tasks listed in paragraph (f)(1)(i) or exercise of the privileges of an airman operation.
through (v) of this section as the sole certificate, rating, or authorization; (2) Must pass the practical test.
manipulator of the controls during a (3) A reproduction of an airman (3) Need not meet the training time
night vision goggle operation. certificate, rating, or authorization for and iteration requirements under this
(g) Night vision goggle proficiency fraudulent purposes; or part that apply to the pilot certificate for
check. A person must either meet the (4) An alteration of an airman the aircraft class rating sought. If the
night vision goggle experience certificate, rating, or authorization. person holds only a lighter-than-air
requirements of paragraphs (f)(1) or (b) The commission by any person of category rating with a balloon class
(f)(2) of this section or pass a night an act prohibited under paragraph (a) of rating and seeks an airship class rating,
vision goggle proficiency check to act as this section is basis for— then that person must receive the
pilot in command using night vision (1) Suspending or revoking an airman required training and possess the
certificate or ratings held by that person; appropriate aeronautical experience.
goggles. The proficiency check must be
(2) Withdrawing authorizations held (4) Need not take an additional
performed in the category of aircraft that
by that person; and knowledge test if the person holds an
is appropriate to the night vision goggle (3) Denying all applications for an
operation the person is seeking the night airplane, rotorcraft, powered-lift, or
airman certificate, rating, or airship rating at that pilot certificate
vision goggle privilege or in a flight authorization requested by that person.
simulator or flight training device that is level.
(c) An incorrect statement made on an (d) Additional aircraft type rating.
representative of that category of application for an airman certificate,
aircraft. The check must consist of the Except as provided under paragraph
rating, or authorization can serve as
tasks listed under § 61.31(l) of this part, (d)(6) of this section, a person who
basis for suspending, revoking, or
and the check must be performed by: applies for an aircraft type rating or an
denying an airman certificate, rating, or
(1) An Examiner who is qualified and aircraft type rating to be completed
authorization.
current to perform night vision goggle (d) An incorrect entry made in a concurrently with an aircraft category or
operations in that same aircraft category logbook, record, or report to show class rating—
and class; (1) Must hold or concurrently obtain
compliance with any requirements for
(2) A person who is authorized by the an appropriate instrument rating, except
an airman certificate, rating, or
U.S. Armed Forces to perform night as provided in paragraph (h) of this
authorization can serve as basis for
vision goggle proficiency checks, suspending, revoking, or denying an section.
(2) Must have a logbook or training
provided the person being administered airman certificate, rating, or
record endorsement from an authorized
the check is also member of the U.S. authorization.
instructor attesting that the person is
Armed Forces; 15. Revise § 61.63 to read as follows: competent in the appropriate
(3) A company check pilot who is
§ 61.63 Additional aircraft ratings (other aeronautical knowledge areas and
authorized to perform night vision
than for ratings at the airline transport pilot proficient in the appropriate areas of
goggle proficiency checks under parts
certification level). operation at the airline transport pilot
121, 125, or 135 of this chapter,
(a) General. For an additional aircraft certification level.
provided that both the check pilot and (3) Must pass the practical test at the
the pilot being tested are employees of rating on a pilot certificate, other than
for an airline transport pilot certificate, airline transport pilot certification level.
that operator; (4) Must perform the practical test in
(4) An authorized flight instructor a person must meet the requirements of
this section appropriate to the actual or simulated instrument
who is qualified and current to perform conditions, except as provided in
night vision goggle operations in that additional aircraft rating sought.
(b) Additional aircraft category rating. paragraph (e) of this section.
same aircraft category and class; (5) Need not take an additional
(5) A person who is qualified and A person who applies to add a category
rating to a pilot certificate: knowledge test if the applicant holds an
current as pilot in command for night airplane, rotorcraft, powered-lift, or
(1) Must complete the training and
vision goggle operations in accordance airship rating on the pilot certificate.
have the applicable aeronautical
with paragraph (f) of this section; or (6) In the case of a pilot employee of
experience.
(6) A person approved by the FAA to (2) Must have a logbook or training a part 121 or part 135 certificate holder,
perform night vision goggle proficiency record endorsement from an authorized the pilot must—
checks. instructor attesting that the person was (i) Meet the appropriate requirements
14. Amend § 61.59 by revising the found competent in the appropriate under paragraphs (d)(1), (d)(3), and
section heading, paragraphs (a)(1) aeronautical knowledge areas and (d)(4) of this section; and
through (4), and (b); and adding new proficient in the appropriate areas of (ii) Receive a flight training record
paragraphs (c) and (d) to read as follows: operation. endorsement from the certificate holder
(3) Must pass the practical test. attesting that the person completed the
§ 61.59 Applications, certificates, (4) Need not take an additional certificate holder’s approved ground
logbooks, reports, and records: knowledge test if the person holds an and flight training program.
Falsification, reproduction, or alteration; airplane, rotorcraft, powered-lift, or (e) Aircraft not capable of instrument
Incorrect statements. maneuvers and procedures. (1) An
airship rating at that pilot certificate
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(a) * * * level. applicant for a type rating or a type


(1) A fraudulent or intentionally false (c) Additional aircraft class rating. A rating in addition to an aircraft category
statement on any application for an person who applies for an additional and/or class rating who provides an
airman certificate, rating, or class rating on a pilot certificate: aircraft that is not capable of the
authorization, or duplicate thereof, (1) Must have a logbook or training instrument maneuvers and procedures
issued under this part; record endorsement from an authorized required on the practical test:

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5838 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

(i) May apply for the type rating, but (3) The flight time specified under (iv) Have 500 hours of flight time in
the rating would be limited to ‘‘VFR paragraph (h)(1) of this section must the same type of airplane.
only.’’ have been logged between September 1, (4) If the applicant does not meet the
(ii) May have the ‘‘VFR only’’ 2004 and August 31, 2005. requirements of paragraph (a)(2) or (a)(3)
limitation removed for that aircraft type (i) Waiver authority. An Examiner of this section, then—
after the applicant: who conducts a practical test may waive (i) The applicant must complete the
(A) Passes a practical test in that type any task for which the FAA has following tasks on the practical test in
of aircraft in actual or simulated provided waiver authority. the airplane of the category, class, and
instrument conditions; 16. Add new § 61.64 to read as type of airplane rating (if a type rating
(B) Passes a practical test in that type follows: is applicable) for which the airplane
of aircraft on the appropriate instrument rating applies: preflight inspection,
maneuvers and procedures under § 61.64 Use of a flight simulator and flight normal takeoff, normal instrument
§ 61.157 of this part; or training device. landing system approach, missed
(C) Becomes qualified under (a) Use of a flight simulator for the approach, and normal landing.
§ 61.73(d) of this part for that type of airplane rating. If an applicant uses a (ii) After passing the practical test, the
aircraft. flight simulator for training or the applicant’s pilot certificate must state:
(2) When an instrument rating is practical test for an airplane category, ‘‘The [name the category, class, and type
issued to a person who holds one or class, or type rating— of airplane rating (if a type rating is
more type ratings, the amended pilot (1) The flight simulator— applicable)] is subject to additional pilot
certificate must bear the ‘‘VFR only’’ (i) Must represent the category, class, in command limitations,’’ and the
limitation for each aircraft type rating and type of airplane rating (if a type applicant is restricted from serving as a
that the person did not demonstrate rating is applicable) for the rating pilot in command in that category, class,
instrument competency. sought; and type of airplane rating (if a type
(f) Multiengine airplane with a single- (ii) Must be used in accordance with rating is applicable).
pilot station. An applicant for a type an approved course of training under (iii) The limitation described under
rating, at other than the ATP part 141 or part 142 of this chapter; or paragraph (a)(4)(ii) of this section may
certification level, in a multiengine under part 121 or part 135 of this be removed from the applicant’s pilot
airplane with a single-pilot station must chapter, provided the applicant is a certificate if the applicant—
pilot employee of that air carrier (A) Logs 25 hours of flight time in the
perform the practical test in the multi-
operator; category and class of airplane for the
seat version of that airplane, or the
(iii) At a minimum, must be qualified rating sought, and if a type rating is
practical test may be performed in the
and approved as a Level C flight being sought, the flight time must be
single-seat version of that airplane if the
simulator if the applicant performs any performed in the same type of airplane
Examiner is in a position to observe the
portion of the practical test in the flight for the type rating sought;
applicant during the practical test in the
simulator; and (B) Performs the 25 hours of flight
case where there is no multi-seat
(iv) At a minimum, must be qualified time under the direct observation of a
version of that multiengine airplane.
and approved as a Level A flight pilot in command who holds the
(g) Single-engine airplane with a appropriate airplane category, class, and
simulator if the applicant uses the flight
single-pilot station. An applicant for a type rating, without limitations, in the
simulator for any training;
type rating, at other than the ATP same category, class, and type of
(2) If the type rating is for a turbojet
certification level, in a single engine airplane rating, if a type rating is
airplane, the applicant must—
airplane with a single-pilot station must (i) Hold a type rating in a turbojet applicable;
perform the practical test in the multi- airplane of the same class of airplane, (C) Logs each flight and the pilot in
seat version of that single-engine and that type rating may not contain a command who observed the flight
airplane, or the practical test may be supervised operating experience attests to each flight;
performed in the single-seat version of limitation; (D) Obtains the flight time while in
that airplane if the Examiner is in a (ii) Have 1,000 hours of flight time in the pilot in command seat of the
position to observe the applicant during two different turbojet airplanes of the appropriate airplane category, class, and
the practical test in the case where there same class of airplane; type, if a type rating is appropriate; and
is no multi-seat version of that single- (iii) Have been appointed by the U.S. (E) Has an Examiner review the pilot
engine airplane. Armed Forces as a pilot in command in logbook and endorse that logbook,
(h) Aircraft category and class ratings a turbojet airplane of the same class of attesting to compliance with the
for the operation of aircraft with airplane; or required supervised operating
experimental certificates. A person (iv) Have 500 hours of flight time in experience.
holding a recreational, private, or the same type of airplane. (b) Use of a flight training device for
commercial pilot certificate may apply (3) If the type rating is for a turbo the airplane rating. If an applicant uses
for a category and class rating limited to propeller airplane, the applicant must— a flight training device for training for
a specific make and model of (i) Hold a type rating in a turbo- the airplane category, class, or type
experimental aircraft, provided— propeller airplane of the same class of rating, the applicant must meet the
(1) The person logged 5 hours flight airplane, and that type rating may not requirements of paragraph (a)(2), (a)(3)
time while acting as pilot in command contain a supervised operating or (a)(4) of this section, and the flight
in the same category, class, make, and experience limitation; training device—
model of aircraft. (ii) Have 1,000 hours of flight time in (1) Must represent the category, class,
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(2) The person received a logbook two different turbo-propeller airplanes and type of airplane rating (if a type
endorsement from an authorized of the same class of airplane; rating is applicable) for the rating.
instructor who determined the pilot’s (iii) Have been appointed by the U.S. (2) Must be used in accordance with
proficiency to act as pilot in command Armed Forces as a pilot in command in an approved course of training under
of the same category, class, make, and a turbo-propeller airplane of the same part 141 or part 142 of this chapter, or
model of aircraft. class of airplane; or under part 121 or part 135 of this

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5839

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

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5840 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

(C) Logs each flight and the pilot in been received from an authorized (1) Fifty hours of cross-country flight
command who observed the flight instructor who holds an instrument- time as pilot in command, of which 10
attests to each flight; airplane rating, and the instrument time hours cross-country must have been in
(D) Performs the flight time while in includes: a powered-lift; and
the pilot in command seat of the (i) Three hours of instrument flight (2) Forty hours of actual or simulated
appropriate category and type of training from an authorized instructor in instrument time in the areas of
powered-lift rating, if a type rating is an airplane that is appropriate to the operation listed under paragraph (c) of
appropriate; and instrument-airplane rating within 2 this section, of which 15 hours must
(E) Has an Examiner review the pilot calendar months before the date of the have been received from an authorized
logbook and endorse that logbook, practical test; and instructor who holds an instrument-
attesting to compliance with the (ii) Instrument flight training on cross- powered-lift rating, and the instrument
required supervised operating country flight procedures, including one time includes:
experience. cross-country flight in an airplane with (i) Three hours of instrument flight
(f) Use of a flight training device for an authorized instructor, that is training from an authorized instructor in
the powered-lift rating. Whenever an performed under instrument flight rules, a powered-lift that is appropriate to the
applicant uses a flight training device and a flight plan has been filed with an instrument-powered-lift rating within 2
for training for the powered-lift category air traffic control facility, and calendar months before the date of the
or type rating, the flight training device involves— practical test; and
must meet the following requirements, (A) A flight of 250 nautical miles (ii) Instrument flight training on cross-
and the applicant must meet the along airways or by directed routing country flight procedures, including one
requirements of either paragraph (e)(2) from an air traffic control facility; cross-country flight in a powered-lift
or (e)(3) of this section. (B) An instrument approach at each with an authorized instructor that is
(1) The flight training device must airport; and performed under instrument flight rules
represent the class and type of powered- (C) Three different kinds of and a flight plan has been filed with an
lift rating (if a type rating is applicable) approaches with the use of navigation air traffic control facility, and
for the rating. systems. involves—
(2) The flight training device must be (e) Aeronautical experience for the (A) A flight of 250 nautical miles
used in accordance with an approved instrument-helicopter rating. A person along airways or by directed routing
course of training under part 141 or part who applies for an instrument- from an air traffic control facility;
142 of this chapter; or under part 121 or helicopter rating must have logged: (B) An instrument approach at each
part 135 of this chapter, provided the (1) Fifty hours of cross-country flight airport; and
applicant is a pilot employee of that air time as pilot in command, of which 10 (C) Three different kinds of
carrier operator. hours must have been in a helicopter; approaches with the use of navigation
(3) If the applicant completes the and systems.
entire practical test in the powered-lift, (2) Forty hours of actual or simulated (g) Use of flight simulators or flight
the flight training device used for instrument time in the areas of training devices. If the instrument time
training must be qualified and approved operation listed under paragraph (c) of was provided by an authorized
at or above a Level 2 flight training this section, of which 15 hours must instructor in a flight simulator or flight
device. have been with an authorized instructor training device—
(4) If an applicant uses a flight who holds an instrument-helicopter (1) A maximum of 30 hours may be
simulator for any portion of the rating, and the instrument time performed in that flight simulator or
practical test, the flight training device includes: flight training device if the instrument
used for training must be qualified and (i) Three hours of instrument flight time was completed in accordance with
approved at or above a Level 5 flight training from an authorized instructor in part 142 of this chapter; or
training device. a helicopter that is appropriate to the (2) A maximum of 20 hours may be
17. Amend § 61.65 by: instrument-helicopter rating within 2 performed in that flight simulator or
A. Revising paragraph (d); calendar months before the date of the flight training device if the instrument
B. Redesignating existing paragraph practical test; and time was not completed in accordance
(e) as paragraph (g); (ii) Instrument flight training on cross- with part 142 of this chapter.
C. Adding new paragraphs (e), (f), and country flight procedures, including one (h) Use of a personal computer
(h); cross-country flight in a helicopter with aviation training device. A maximum of
D. Revising newly designated an authorized instructor that is 10 hours of instrument time received in
paragraph (g) to read as follows: performed under instrument flight rules a personal computer aviation training
and a flight plan has been filed with an device may be credited for the
§ 61.65 Instrument rating requirements. air traffic control facility, and instrument time requirements of this
* * * * * involves— section if—
(d) Aeronautical experience for the (A) A flight of 100 nautical miles (1) The device is approved and
instrument-airplane rating. A person along airways or by directed routing authorized by the FAA;
who applies for an instrument-airplane from an air traffic control facility; (2) An authorized instructor provides
rating must have logged: (B) An instrument approach at each the instrument time in the device;
(1) Fifty hours of cross-country flight airport; and (3) No more than 10 hours of
time as pilot in command, of which 10 (C) Three different kinds of instrument time in a flight simulator or
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hours must have been in an airplane; approaches with the use of navigation flight training device was credited for
and systems. the instrument time requirements of this
(2) Forty hours of actual or simulated (f) Aeronautical experience for the section;
instrument time in the areas of instrument-powered-lift rating. A person (4) A view limiting device was worn
operation listed in paragraph (c) of this who applies for an instrument-powered- by the applicant when logging
section, of which 15 hours must have lift rating must have logged: instrument time in the device; and

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(5) The FAA approved the instrument (3) Presents official U.S. military (1) Passed an instrument proficiency
training and instrument tasks performed records that shows compliance with one check by the U.S. Armed Forces in the
in the device. of the following requirements— aircraft category for the instrument
18. Amend § 61.69 by revising (i) Prior to the date of the application, rating sought; and
paragraphs (a)(1), (4), and (6) passing an official U.S. military pilot (2) An official U.S. Armed Forces
introductory text to read as follows: and instrument proficiency check in a record that shows the person is
military aircraft of the kind of aircraft instrument pilot qualified by the U.S.
§ 61.69 Glider and unpowered ultralight category, class, and type, if class or type Armed Forces to conduct instrument
vehicle towing: Experience and training of aircraft is applicable, for the ratings flying on Federal airways in that aircraft
requirements. sought; or category and class for the instrument
(a) * * * (ii) Prior to the date of application, rating sought.
(1) Holds a current and valid private, logging 10 hours of pilot time as a (e) Aircraft type rating. An aircraft
commercial or airline transport pilot military pilot in a U.S. military aircraft type rating may only be issued for a type
certificate with a category rating for in the kind of aircraft category, class, of aircraft that has a comparable civilian
powered aircraft; and type, if a class rating or type rating type designation by the Administrator.
* * * * * is applicable, for the aircraft rating (f) Aircraft type rating placed on an
(4) Except as provided in paragraph sought. airline transport pilot certificate. A
(b) of this section, has logged at least (c) A military pilot of an Armed Force person who is a military pilot or former
three flights as the sole manipulator of of a foreign contracting State to the military pilot of the U.S. Armed Forces
the controls of an aircraft while towing Convention on International Civil and requests an aircraft type rating to be
a glider or unpowered ultralight vehicle, Aviation. A person who is a military placed on an existing U.S. airline
or has simulated towing flight pilot of an Armed Force of a foreign transport pilot certificate may be issued
procedures in an aircraft while contracting State to the Convention on the rating at the airline transport pilot
accompanied by a pilot who meets the International Civil Aviation and is certification level, provided that person:
requirements of paragraphs (c) and (d) assigned to pilot duties in the U.S. (1) Holds a category and class rating
of this section. Armed Forces, for purposes other than for that type of aircraft at the airline
* * * * * receiving flight training, may apply for transport pilot certification level; and
(6) Within 24 calendar months before a commercial pilot certificate and (2) Has passed an official U.S. military
the flight has— ratings under paragraph (a) of this pilot check and instrument proficiency
section, provided that person— check in that type of aircraft.
* * * * *
19. Revise § 61.73 to read as follows: (g) Flight instructor certificate and
(1) Presents evidentiary documents
ratings. A person who is a U.S. military
described under paragraph (h)(4) of this
§ 61.73 Military pilots or former military instructor pilot may apply for and be
section that shows the person is a
pilots: Special rules. issued a flight instructor certificate with
military pilot of an Armed Force of a
(a) General. Except for a person who the appropriate ratings if that person:
foreign contracting State to the
has been removed from flying status for (1) Holds a commercial or airline
Convention on International Civil
lack of proficiency or because of a transport pilot certificate with the
Aviation, and is assigned to pilot duties
disciplinary action involving aircraft appropriate aircraft category and class
in an Armed Force of the United States,
operations, a U.S. military pilot or rating, if a class rating is appropriate, for
for purposes other than receiving flight
former military pilot who meets the the flight instructor rating sought;
training. (2) Holds an instrument rating on the
requirements of this section may apply, (2) Has passed the military
on the basis of his or her military pilot pilot certificate that is appropriate to the
competency aeronautical knowledge test flight instructor rating sought; and
qualifications, for: on the appropriate parts of this chapter
(1) A commercial pilot certificate with (3) Presents the following evidentiary
for commercial pilot privileges and documents:
the appropriate aircraft category and
limitations, air traffic and general (i) A knowledge test report that shows
class rating.
(2) An instrument rating with the operating rules, and accident reporting the person passed a knowledge test on
appropriate aircraft rating. rules. the aeronautical knowledge areas listed
(3) A type rating. (3) Presents official U.S. military under § 61.185(a) that are appropriate to
(b) Military pilots and former military records that show compliance with one the flight instructor rating;
pilots in an Armed Force of the United of the following requirements: (ii) An official U.S. Armed Forces
States. A person who qualifies as a (i) Prior to the date of the application, record that shows the person is
military pilot or former military pilot in passed an official U.S. military pilot and qualified as a military instructor pilot
the U.S. Armed Forces may apply for a instrument proficiency check in a for the flight instructor rating;
pilot certificate and ratings under military aircraft of the kind of aircraft (iii) An official U.S. Armed Forces
paragraph (a) of this section if that category, class, or type, if class or type record that shows the person is a
person— of aircraft is applicable, for the ratings; military instructor pilot for the flight
(1) Presents evidentiary documents or instructor rating;
described under paragraphs (h)(1), (2), (ii) Prior to the date of application, (iv) An official U.S. Armed Forces
and (3) of this section that show the logged 10 hours of pilot time as a record that shows the person graduated
person’s status in the U.S. Armed military pilot in a U.S. military aircraft from a U.S. Armed Forces’ instructor
Forces. of the kind of category, class, and type pilot training school and received an
(2) Has passed the military of aircraft, if a class rating or type rating aircraft rating qualification as a military
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competency aeronautical knowledge test is applicable, for the aircraft rating. instructor pilot that is appropriate to the
on the appropriate parts of this chapter (d) Instrument rating. A person who is flight instructor rating; and
for commercial pilot privileges and qualified as a U.S. military pilot or (v) An official U.S. Armed Forces
limitations, air traffic and general former military pilot may apply for an record that shows the person passed an
operating rules, and accident reporting instrument rating to be added to a pilot instructor pilot proficiency check in an
rules. certificate if that person has— aircraft as a military instructor pilot in

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5842 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

the U.S. Armed Forces that is (b) Certificate issued. A U.S. private U.S. pilot certificate was based, in the
appropriate to the flight instructor pilot certificate issued under this holder’s possession or is readily
rating. section must specify the person’s accessible in the aircraft.
(h) Evidentiary documents for foreign license number and country of 21. Amend § 61.77 by:
qualifying for a pilot certificate and issuance. A person who holds a valid A. Revising the section heading;
rating. The following documents are foreign pilot license issued by a revising paragraphs (a)(2), (b)(1), and
required in order for a person to be able contracting State to the Convention on (b)(4);
to apply for a pilot certificate and rating: International Civil Aviation may be B. Removing paragraph (b)(5); and
(1) An official U.S. Armed Forces issued a U.S. private pilot certificate C. Redesignating paragraph (b)(6) as
record that shows the person is or was based on the foreign pilot license (b)(5) to read as follows:
a military pilot. without any further showing of
(2) An official U.S. Armed Forces proficiency, provided the applicant: § 61.77 Special purpose pilot
record that shows the person graduated authorization: Operation of a civil aircraft of
(1) * * * the United States and leased by a non -U.S.
from a U.S. Armed Forces (2) Holds a valid foreign pilot license, citizen.
undergraduate pilot training school and at the private pilot license level or
received a rating qualification as a (a) * * *
higher, that does not contain a (2) For carrying persons or property
military pilot. limitation stating that the applicant has
(3) An official U.S. Armed Forces for compensation or hire for operations
not met all of the standards of ICAO for in—
record that shows the pilot passed a that license; (i) Scheduled international air
pilot proficiency check and instrument (3) Does not hold a U.S. pilot services in turbojet-powered airplanes
proficiency check in an aircraft as a certificate other than a U.S. student of U.S. registry;
military pilot. pilot certificate; (ii) Scheduled international air
(4) If a person is a military pilot of an
* * * * * services in airplanes of U.S. registry
Armed Force from a foreign contracting (c) Aircraft ratings issued. Aircraft having a configuration of more than
State to the Convention on International ratings listed on a person’s foreign pilot nine passenger seats, excluding
Civil Aviation and is applying for a pilot license, in addition to any issued after crewmember seats;
certificate and rating, that person must testing under the provisions of this part, (iii) Nonscheduled international air
present the following: may be placed on that person’s U.S. transportation in airplanes of U.S.
(i) An official U.S. Armed Forces
pilot certificate for private pilot registry having a configuration of more
record that shows the person is a
privileges only. than 30 passenger seats, excluding
military pilot in an Armed Force of the crewmember seats; or
(d) Instrument ratings issued. A
United States; (iv) Scheduled international air
(ii) An official U.S. Armed Forces person who holds a valid instrument
rating on the foreign pilot license issued services, or nonscheduled international
record that shows the person is assigned air transportation, in airplanes of U.S.
as a military pilot with an Armed Force by a contracting State to the Convention
on International Civil Aviation may be registry having a payload capacity of
of the United States for purposes other more than 7,500 pounds.
than receiving flight training; issued an instrument rating on a U.S.
pilot certificate provided: (b) * * *
(iii) An official record that shows the (1) A valid foreign pilot license issued
person graduated from a military * * * * *
by the aeronautical authority of a
undergraduate pilot training school (e) * * *
contracting State to the Convention on
from an Armed Force from a foreign (1) May act as a pilot in command of
International Civil Aviation that
contracting State to the Convention on a civil aircraft of the United States in
contains the appropriate aircraft
International Civil Aviation or from an accordance with the pilot privileges
category, class, type rating, if
Armed Force of the United States, and authorized by this part and the
appropriate, and instrument rating for
received a qualification as a military limitations placed on that U.S. pilot
the aircraft to be flown;
pilot; and certificate;
* * * * *
(iv) An official U.S. Armed Forces * * * * * (4) Documentation the applicant
record that shows that the person (4) Cannot exercise the privileges of meets the medical standards for the
passed a pilot proficiency check and that U.S. pilot certificate when the issuance of the foreign pilot license
instrument proficiency check in an person’s foreign pilot license is not from the aeronautical authority of that
aircraft as a military pilot in an Armed valid. contracting State to the Convention on
Force of the United States. (f) Limitation on licenses used as the International Civil Aviation; and
20. Amend § 61.75 by revising basis for a U.S. certificate. A person
may use only one foreign pilot license * * * * *
paragraphs (a), (b) introductory text, 22. Amend § 61.96 by revising
(b)(2), (b)(3), (c), (d) introductory text, as a basis for the issuance of a U.S. pilot
paragraphs (b)(7) and (b)(8); and adding
(e)(1), (e)(4), (f), and (g) to read as certificate. The foreign pilot license and
a new paragraph (b)(9) to read as
follows: medical certification used as a basis for
follows:
issuing a U.S. pilot certificate under this
§ 61.75 Private pilot certificate issued on section must be written in English or § 61.96 Applicability and eligibility
the basis of a foreign pilot license. accompanied by an English requirements: General.
(a) General. A person who holds a transcription that has been signed by an * * * * *
valid foreign pilot license at the private official or representative of the foreign (b) * * *
pilot level or higher that was issued by aviation authority that issued the (7) Pass the practical test on the areas
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a contracting State to the Convention on foreign pilot license. of operation listed under § 61.98(b) of
International Civil Aviation may apply (g) Limitation placed on a U.S. pilot this part that apply to the aircraft
for and be issued a U.S. private pilot certificate. A U.S. pilot certificate issued category and class rating;
certificate with the appropriate ratings if under this section can only be exercised (8) Comply with the sections of this
the foreign pilot license meets the when the pilot has the foreign pilot part that apply to the aircraft category
requirements of this section. license, upon which the issuance of the and class rating; and

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(9) Hold a U.S. student pilot (e) * * * under paragraph (a)(2) of this section),
certificate. (5) * * * on the areas of operation listed under
23. Amend § 61.101 by revising (ii) One solo cross-country flight of § 61.127(b)(1) that includes—
paragraph (e)(1)(iii) to read as follows: 150 nautical miles total distance, with * * * * *
full-stop landings at three points, and (b) * * *
§ 61.101 Recreational pilot privileges and one segment of the flight consisting of (3) * * *
limitations. a straight-line distance of more than 50 (i) Ten hours of instrument training
* * * * * nautical miles between the takeoff and using a view limiting device including
(e) * * * landing locations; and attitude instrument flying, partial panel
(1) * * * * * * * * skills, recovery from unusual flight
(iii) With a powerplant of more than 26. Amend § 61.127 by: attitudes, and intercepting and tracking
180 horsepower, except aircraft A. Redesignating paragraphs (b)(4)(vi) navigational systems. Five of the 10
certificated in the rotorcraft category; or through (ix) as (b)(4)(vii) through (x); hours of instrument training must be in
* * * * * B. Adding a new paragraph (b)(4)(vi); a multiengine airplane;
24. Amend § 61.103 by adding new C. Removing paragraph (b)(5)(vii); and * * * * *
paragraph (j) to read as follows: D. Re-designating existing paragraphs (iii) One 2-hour cross-country flight in
(b)(5)(viii) through (xiii) as (b)(5)(vii) a multiengine airplane in day-time
§ 61.103 Eligibility requirements: General.
through (xii) to read as follows: conditions that consists of a total
* * * * * straight-line distance of more than 100
(j) Hold a valid U.S. student pilot § 61.127 Flight proficiency.
nautical miles from the original point of
certificate, or recreational pilot * * * * * departure;
certificate. (b) * * * (iv) One 2-hour cross-country flight in
25. Amend § 61.109 by revising (4) * * * a multiengine airplane in night-time
paragraphs (a)(5)(ii), (b)(5)(ii), (c)(4)(ii), (vi) Ground reference maneuvers; conditions that consists of a total
(d)(4)(ii), and (e)(5)(ii) to read as * * * * * straight-line distance of more than 100
follows: 27. Amend § 61.129 by revising nautical miles from the original point of
paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(iv), departure; and
§ 61.109 Aeronautical experience. (a)(4) introductory text, (b)(3)(i), * * * * *
(a) * * * (b)(3)(iii), (b)(3)(iv), (c)(3)(i), (c)(3)(ii), (c) * * *
(5) * * * (c)(3)(iii), (c)(4) introductory text, (3) * * *
(ii) One solo cross-country flight of (d)(3)(i), (d)(3)(ii), (d)(3)(iii), (d)(4) (i) Five hours on the control and
150 nautical miles total distance, with introductory text, (e)(3)(i), (e)(3)(ii), maneuvering of a helicopter solely by
full-stop landings at three points, and (e)(3)(iii), (e)(4) introductory text, (g)(2) reference to instruments using a view
one segment of the flight consisting of introductory text, (g)(3), (g)(4)(ii), limiting device including attitude
a straight-line distance of more than 50 (g)(4)(iii), and (i)(3) to read as follows: instrument flying, partial panel skills,
nautical miles between the takeoff and recovery from unusual flight attitudes,
landing locations; and § 61.129 Aeronautical experience.
and intercepting and tracking
* * * * * (a) * * * navigational systems. This aeronautical
(b) * * * (3) * * * experience may be performed in an
(5) * * * (i) 10 hours of instrument training aircraft, flight simulator, flight training
(ii) One solo cross-country flight of using a view limiting device including device, or a personal computer aviation
150 nautical miles total distance, with attitude instrument flying, partial panel training device;
full-stop landings at three points, and skills, recovery from unusual flight (ii) One 2-hour cross-country flight in
one segment of the flight consisting of attitudes, and intercepting and tracking a helicopter in day-time conditions that
a straight-line distance of more than 50 navigational systems. Five of the 10 consists of a total straight-line distance
nautical miles between the takeoff and hours of instrument training must be in of more than 50 nautical miles from the
landing locations; and a single-engine airplane; original point of departure;
* * * * * * * * * * (iii) One 2-hour cross-country flight in
(c) * * * (iii) One 2-hour cross-country flight in a helicopter in night-time conditions
(4) * * * a single-engine airplane in day-time that consists of a total straight-line
(ii) One solo cross-country flight of conditions that consists of a total distance of more than 50 nautical miles
100 nautical miles total distance, with straight-line distance of more than 100 from the original point of departure; and
landings at three points, and one nautical miles from the original point of * * * * *
segment of the flight being a straight- departure; (4) Ten hours of solo flight time in a
line distance of more than 25 nautical (iv) One 2-hour cross-country flight in helicopter or 10 hours of flight time
miles between the takeoff and landing a single-engine airplane in night-time performing the duties of pilot in
locations; and conditions that consists of a total command in a helicopter with an
* * * * * straight-line distance of more than 100 authorized instructor on board (either of
(d) * * * nautical miles from the original point of which may be credited towards the
(4) * * * departure; and flight time requirement under paragraph
(ii) One solo cross-country flight of * * * * * (c)(2) of this section), on the areas of
100 nautical miles total distance, with (4) 10 hours of solo flight time in a operation listed under § 61.127(b)(3)
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landings at three points, and one single-engine airplane or 10 hours of that includes—
segment of the flight being a straight- flight time performing the duties of pilot * * * * *
line distance of more than 25 nautical in command in a single-engine airplane (d) * * *
miles between the takeoff and landing with an authorized instructor on board (3) * * *
locations; and (either of which may be credited (i) 2.5 hours on the control and
* * * * * towards the flight time requirement maneuvering of a gyroplane solely by

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5844 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

reference to instruments using a view of pilot in command in an airship with pilot license with an instrument rating,
limiting device including attitude an authorized instructor aboard, which that—
instrument flying, partial panel skills, consists of— (i) Was issued by a contracting State
recovery from unusual flight attitudes, * * * * * to the Convention on International Civil
and intercepting and tracking (3) Forty hours of instrument time to Aviation; and
navigational systems. This aeronautical include— (ii) Contains no geographical
experience may be performed in an (i) Instrument training using a view limitations.
aircraft, flight simulator, flight training limiting device for attitude instrument * * * * *
device, or a personal computer aviation flying, partial panel skills, recovery (h) Comply with the sections of this
training device; from unusual flight attitudes, and subpart that apply to the aircraft
(ii) One 2-hour cross-country flight in intercepting and tracking navigational category and class rating sought.
a gyroplane in day-time conditions that systems; and 30. Revise § 61.157 to read as follows:
consists of a total straight-line distance (ii) Twenty hours of instrument flight
of more than 50 nautical miles from the § 61.157 Flight proficiency.
time, of which 10 hours must be in
original point of departure; flight in airships. (a) General.
(iii) Two hours of flight training (4) * * * (1) The practical test for an airline
during night-time conditions in a (ii) One 1-hour cross-country flight in transport pilot certificate is given for—
gyroplane at an airport, that includes 10 an airship in day-time conditions that (i) An airplane category and single-
takeoffs and 10 landings to a full stop consists of a total straight-line distance engine class rating.
(with each landing involving a flight in (ii) An airplane category and
of more than 25 nautical miles from the
the traffic pattern); and multiengine class rating.
point of departure; and
(iii) A rotorcraft category and
* * * * * (iii) One 1-hour cross-country flight in
(4) Ten hours of solo flight time in a helicopter class rating.
an airship in night-time conditions that
(iv) A powered-lift category rating.
gyroplane or 10 hours of flight time consists of a total straight-line distance (v) An aircraft type rating.
performing the duties of pilot in of more than 25 nautical miles from the (2) A person who is applying for an
command in a gyroplane with an point of departure. airline transport pilot practical test must
authorized instructor on board (either of * * * * * meet—
which may be credited towards the (i) * * * (i) The eligibility requirements of
flight time requirement under paragraph (3) Except when fewer hours are § 61.153 of this part; and
(d)(2) of this section), on the areas of approved by the FAA, an applicant for (ii) The aeronautical knowledge and
operation listed under § 61.127(b)(4) of the commercial pilot certificate with the aeronautical experience requirements of
this part that includes— airplane or powered-lift rating who has this subpart that apply to the aircraft
* * * * * completed 190 hours of aeronautical category and class rating sought.
(e) * * * experience is considered to have met (b) Aircraft type rating. Except as
(3) * * * the total aeronautical experience provided in paragraph (c) of this
(i) Ten hours of instrument training requirements of this section, provided section, a person who applies for an
using a view limiting device including the applicant satisfactorily completed aircraft type rating to be added to an
attitude instrument flying, partial panel an approved commercial pilot course airline transport pilot certificate or
skills, recovery from unusual flight under part 142 of this chapter and the applies for a type rating to be
attitudes, and intercepting and tracking approved course was appropriate to the concurrently completed with an airline
navigational systems. Five of the 10 commercial pilot certificate and aircraft transport pilot certificate:
hours of instrument training must be in rating sought. (1) Must receive and log ground and
a powered-lift; 28. Amend § 61.133 by revising flight training from an authorized
(ii) One 2-hour cross-country flight in paragraph (a)(1) introductory text to instructor on the areas of operation
a powered-lift in day-time conditions read as follows: under this section that apply to the
that consists of a total straight-line aircraft type rating;
distance of more than 100 nautical miles § 61.133 Commercial pilot privileges and (2) Must receive a logbook
from the original point of departure; limitations. endorsement from an authorized
(iii) One 2-hour cross-country flight in (a) * * * instructor that certifies the applicant
a powered-lift in night-time conditions (1) General. A person who holds a completed the training on the areas of
that consists of a total straight-line current and valid commercial pilot operation listed under paragraph (e) of
distance of more than 100 nautical miles certificate may act as pilot in command this section that apply to the aircraft
from the original point of departure; and of an aircraft— type rating; and
* * * * * * * * * * (3) Must perform the practical test in
(4) Ten hours of solo flight time in a 29. Amend § 61.153 by revising actual or simulated instrument
powered-lift or 10 hours of flight time paragraphs (d)(1), (d)(3), and (h) to read conditions, except as provided under
performing the duties of pilot in as follows: paragraph (g) of this section.
command in a powered-lift with an (c) Exceptions. A person who applies
authorized instructor on board (either of § 61.153 Eligibility requirements: General. for an aircraft type rating to be added to
which may be credited towards the * * * * * an airline transport pilot certificate or
flight time requirement under paragraph (d) * * * an aircraft type rating concurrently with
(e)(2) of this section), on the areas of (1) Holds a commercial pilot an airline transport pilot certificate, and
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operation listed under § 61.127(b)(5) of certificate with an instrument rating who is an employee of a certificate
this part that includes— issued under this part; holder operating under part 121 or part
* * * * * * * * * * 135 of this chapter, does not need to
(g) * * * (3) Holds either a valid foreign airline comply with the requirements of
(2) Thirty hours of pilot in command transport pilot license with instrument paragraph (b) of this section if the
time in airships or performing the duties privileges, or a valid foreign commercial applicant presents a training record that

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5845

shows completion of that certificate proficiency check under § 121.441 of (j) Waiver authority. An Examiner
holder’s approved pilot in command this chapter that is conducted by an who conducts a practical test may waive
training program for the aircraft type Examiner or a FAA Aviation Safety any task for which the FAA has
rating. Inspector satisfies the requirements of provided waiver authority.
(d) Upgrading type ratings. Any type this section for the appropriate aircraft 31. Amend § 61.159 by adding a new
rating(s) and limitations on a pilot rating. paragraph (c)(3); and revising
certificate of an applicant who (2) Completion of both the following paragraphs (d) and (e) to read as follows:
completes an airline transport pilot checks that are conducted by an
practical test will be included at the Examiner or a FAA Aviation Safety § 61.159 Aeronautical experience: Airplane
category rating.
airline transport pilot certification level, Inspector satisfies the requirements of
provided the applicant passes the this section for the appropriate aircraft * * * * *
practical test in the same category and rating— (c) * * *
class of aircraft for which the applicant (i) Pilot in command proficiency (3) Flight-engineer time, provided the
holds the type rating(s). check under § 135.293 of this chapter; flight time—
(e) Areas of operation. and (i) Is acquired as a U.S. Armed Forces’
(1) For an airplane category—single- (ii) Pilot in command instrument flight engineer crewmember in an
engine class rating: proficiency check under § 135.297 of airplane that requires a flight engineer
(i) Preflight preparation; this chapter. crewmember by the flight manual;
(ii) Preflight procedures; (g) Aircraft not capable of instrument (ii) Is acquired while the person is
(iii) Takeoff and departure phase; maneuvers and procedures. An participating in a flight engineer
(iv) In-flight maneuvers; applicant may add a type rating to an crewmember training program for the
(v) Instrument procedures; airline transport pilot certificate with an U.S. Armed Forces; and
(vi) Landings and approaches to aircraft that is not capable of the (iii) Does not exceed 1 hour for each
landings; instrument maneuvers and procedures 3 hours of flight engineer flight time for
(vii) Normal and abnormal required on the practical test under the a total credited time of no more than
procedures; following circumstances— 500 hours.
(viii) Emergency procedures; and (1) The rating is limited to ‘‘VFR (d) An applicant will be issued an
(ix) Postflight procedures. only.’’ airline transport pilot certificate with
(2) For an airplane category— (2) The type rating is added to an the limitation, ‘‘Holder does not meet
multiengine class rating: airline transport pilot certificate that has the pilot in command aeronautical
(i) Preflight preparation; instrument privileges in that category experience requirements of ICAO,’’ as
(ii) Preflight procedures; and class of aircraft. prescribed under Article 39 of the
(iii) Takeoff and departure phase; Convention on International Civil
(3) The ‘‘VFR only’’ limitation may be
(iv) In-flight maneuvers; Aviation, if the applicant does not meet
removed for that aircraft type after the
(v) Instrument procedures; the ICAO requirements contained in
applicant:
(vi) Landings and approaches to Annex 1 ‘‘Personnel Licensing’’ to the
(i) Passes a practical test in that type
landings; Convention on International Civil
(vii) Normal and abnormal of aircraft on the appropriate instrument
maneuvers and procedures under Aviation, but otherwise meets the
procedures; aeronautical experience requirements of
(viii) Emergency procedures; and § 61.157 of this part; or
(ii) Becomes qualified under this section.
(ix) Postflight procedures. (e) An applicant is entitled to an
(3) For a powered-lift category rating: § 61.73(d) of this part for that type of
aircraft. airline transport pilot certificate without
(i) Preflight preparation; the ICAO limitation specified under
(ii) Preflight procedures; (h) Multiengine airplane with a single-
pilot station. An applicant for a type paragraph (d) of this section when the
(iii) Takeoff and departure phase; applicant presents satisfactory evidence
(iv) In-flight maneuvers; rating, at the ATP certification level, in
a multiengine airplane with a single- of having met the ICAO requirements
(v) Instrument procedures;
pilot station must perform the practical under paragraph (d) of this section and
(vi) Landings and approaches to
test in the multi-seat version of that otherwise meets the aeronautical
landings;
airplane, or the practical test may be experience requirements of this section.
(vii) Normal and abnormal
procedures; performed in the single-seat version of 32. Amend § 61.167 by revising
(viii) Emergency procedures; and that airplane if the Examiner is in a paragraphs (a) and (b)(3) to read as
(ix) Postflight procedures. position to observe the applicant during follows:
(4) For a rotorcraft category— the practical test in the case where there
§ 61.167 Privileges.
helicopter class rating: is no multi-seat version of that
(i) Preflight preparation; multiengine airplane. (a) A person who holds a valid airline
(ii) Preflight procedures; (i) Single-engine airplane with a transport pilot certificate is entitled to
(iii) Takeoff and departure phase; single-pilot station. An applicant for a the same privileges as a person who
(iv) In-flight maneuvers; type rating, at the ATP certification holds a commercial pilot certificate with
(v) Instrument procedures; level, in a single-engine airplane with a an instrument rating.
(vi) Landings and approaches to single-pilot station must perform the (b) * * *
landings; practical test in the multi-seat version of (3) Only as provided in this section,
(vii) Normal and abnormal that single-engine airplane, or the except that an airline transport pilot
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procedures; practical test may be performed in the who also holds a current and valid flight
(viii) Emergency procedures; and single-seat version of that airplane if the instructor certificate can exercise the
(ix) Postflight procedures. Examiner is in a position to observe the instructor privileges under subpart H of
(f) Proficiency and competency checks applicant during the practical test in the this part for which he or she is rated;
conducted under part 121 or part 135. case where there is no multi-seat and
(1) Completion of a pilot in command version of that single-engine airplane. * * * * *

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33. Amend § 61.187 by revising (5) Has logged 20 night vision goggle § 61.215 Ground instructor privileges.
paragraph (b)(6)(vii) to read as follows: operations as sole manipulator of the (a) A person who holds a current and
controls in the category and class, and valid basic ground instructor rating is
§ 61.187 Flight proficiency.
type of aircraft, if aircraft class and type authorized to provide:
* * * * * is appropriate, that the training will be * * * * *
(b) * * * given in; (b) A person who holds a current and
(6) * * *
(vii) Launches and landings; (6) Is qualified and current to act as valid advanced ground instructor rating
a pilot in command in night vision is authorized to provide:
* * * * * (1) Ground training on the
34. Amend § 61.193 by revising the goggle operations under § 61.57(f) or (g);
and aeronautical knowledge areas required
introductory text to read as follows:
(7) Has a logbook endorsement from for the issuance of any certificate or
§ 61.193 Flight instructor privileges. an FAA Aviation Safety Inspector or a rating under this part except for the
A person who holds a current and person who is authorized by the FAA to aeronautical knowledge areas required
valid flight instructor certificate is provide that logbook endorsement that for an instrument rating;
authorized within the limitations of that states the flight instructor is authorized (2) The ground training required for
person’s flight instructor certificate and to perform the night vision goggle pilot any flight review except for the training
ratings to train and issue endorsements in command qualification and recent required for an instrument rating; and
that are required for: (3) A recommendation for a
flight experience requirements under
knowledge test required for the issuance
* * * * * § 61.31(l) and § 61.57(f) and (g).
of any certificate or rating under this
35. Amend § 61.195 by revising 36. Amend § 61.197 by revising the
paragraphs (b), (c), and (d)(3) part except for an instrument rating.
section heading and paragraphs (a) (c) A person who holds a current and
introductory text; and adding a new
introductory text and (a)(2) introductory valid instrument ground instructor
paragraph (k) to read as follows:
text to read as follows: rating is authorized to provide:
§ 61.195 Flight instructor limitations and * * * * *
qualifications. § 61.197 Recent flight instructor
experience. (d) A person who holds a current and
* * * * * valid ground instructor certificate is
(b) Aircraft Ratings. A flight instructor (a) A person who holds a valid flight authorized, within the limitations of the
may not conduct flight training in any instructor certificate must maintain the ratings on the certificate, to endorse the
aircraft for which the flight instructor privileges under that certificate by— logbook or other training record of a
does not hold: * * * * * person to whom the holder has
(1) A pilot certificate and flight (2) Filing a completed and signed provided the training or
instructor certificate with the applicable application and receiving an recommendation specified in
category and class rating; and endorsement from an authorized paragraphs (a) through (c) of this
(2) If appropriate, a type rating. Examiner in his or her logbook or on section.
(c) Instrument Rating. A flight
another suitable document that is 39. Revise § 61.217 to read as follows:
instructor who provides instrument
acceptable to the FAA that certifies the
training for the issuance of an § 61.217 Recent experience requirements.
flight instructor renewal applicant
instrument rating, a type rating not The holder of a ground instructor
satisfactorily completed one of the
limited to VFR, or the instrument certificate may not perform the duties of
following renewal requirements—
training required for commercial pilot a ground instructor unless the person
and airline transport pilot certificates * * * * *
can show that one of the following
must hold an instrument rating on his 37. Amend § 61.199 by revising the
occurred during the preceding 12
or her pilot certificate and flight section heading and paragraph (a) to
calendar months:
instructor certificate that is appropriate read as follows: (a) Employment or activity as a
to the category and class of aircraft for ground instructor giving pilot, flight
§ 61.199 Expired flight instructor
the training provided. privileges. instructor, or ground instructor training;
(d) * * * (b) Employment or activity as a flight
(3) Student pilot’s logbook for solo (a) Flight instructor certificates. The instructor giving pilot, flight instructor,
flight in a Class B airspace area or at an holder of a flight instructor certificate or ground instructor ground or flight
airport within Class B airspace unless who has not complied with the recent training;
that flight instructor has— flight instructor experience (c) Completion of an approved flight
* * * * * requirements under § 61.197 may instructor refresher course and receipt
(k) Training for night vision goggle reinstate flight instructor privileges by: of a graduation certificate for that
operations. A flight instructor may not (1) Completing and passing a flight course; or
conduct training for night vision goggle instructor practical test, as prescribed (d) An endorsement from an
operations unless the flight instructor: under § 61.183(h); and authorized instructor certifying that the
(1) Has a pilot and flight instructor (2) Receiving an endorsement in his person has demonstrated knowledge in
certificate with the applicable category or her logbook or on another document the subject areas prescribed under
and class rating for the training; that is acceptable to the FAA that shows §§ 61.213(a)(3) and (a)(4), as
(2) If appropriate, has a type rating on the applicant completed and passed a appropriate.
his or her pilot certificate for the flight instructor practical test, as
aircraft; PART 91—GENERAL OPERATING AND
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prescribed under § 61.183(h).


(3) Is pilot-in-command qualified for FLIGHT RULES
night vision goggle operations, in * * * * *
accordance with § 61.31(l); 38. Amend § 61.215 by revising 40. The authority citation for part 91
(4) Has logged 100 night vision goggle paragraphs (a) introductory text, (b), (c) continues to read as follows:
operations as the sole manipulator of introductory text, and (d) to read as Authority: 49 U.S.C. 106(g), 1155, 40103,
the controls; follows: 40113, 40120, 44101, 44111, 44701, 44709,

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44711, 44712, 44715, 44716, 44717, 44722, passed their tests on the first attempt; equivalent certification from the foreign
46306, 46315, 46316, 46504, 46506–46507, and aviation authority;
47122, 47508, 47528–47531, articles 12 and (e) Has graduated 10 different people (3) Is maintained and inspected in
29 of the Convention on International Civil from the school’s approved training accordance with the requirements for
Aviation (61 stat. 1180). courses. aircraft operated for hire under part 91,
41. Amend § 91.205 by: 44. Revise § 141.9 to read as follows: subpart E of this chapter, or in
A. Re-designating existing paragraph accordance with equivalent
§ 141.9 Examining authority.
(h) as paragraph (i); and maintenance and inspection from the
B. Adding a new paragraph (h) to read The FAA issues examining authority foreign aviation authority’s
as follows: to a pilot school for a training course if requirements;
the pilot school and its training course (4) Has two pilot stations with engine-
§ 91.205 Powered civil aircraft with meet the requirements of subpart D of power controls that can be easily
standard category U.S. airworthiness this part. reached and operated in a normal
certificates; Instrument and equipment 45. Amend § 141.33 by revising manner from both pilot stations (for
requirements. paragraph (d)(2) to read as follows: flight training); and
* * * * * (5) Is equipped and maintained for
(h) Night vision goggle operations. For § 141.33 Personnel.
IFR operations if used in a course
night vision goggle operations, the * * * * * involving IFR en route operations and
following instruments and equipment (d) * * *
(2) The school has an enrollment of 10 instrument approaches. For training in
must be installed in the aircraft, the control and precision maneuvering
functioning in a normal manner, and students at the time designation is
of an aircraft by reference to
approved for use by the FAA: sought.
instruments, the aircraft may be
(1) Instruments and equipment * * * * * equipped as provided in the approved
specified in paragraph (b) of this 46. Revise § 141.39 to read as follows: course of training.
section, instruments and equipment § 141.39 Aircraft. 47. Amend § 141.53 by revising
specified in paragraph (c) of this (a) When the school’s training facility paragraph (c) to read as follows:
section; is located within the U.S., an applicant
(2) Night vision goggles; for a pilot school certificate or § 141.53 Approval procedures for a
(3) Interior and exterior aircraft provisional pilot school certificate must
training course: General.
lighting system required for night vision show that each aircraft used by the * * * * *
goggle operations; school for flight training and solo (c) Training courses. An applicant for
(4) Two-way radio communications flights: a pilot school certificate or provisional
system; (1) Is a civil aircraft of the United pilot school certificate may request
(5) Gyroscopic pitch and bank States; approval for the training courses
indicator (artificial horizon); and (2) Is certificated with a standard or specified under § 141.11(b).
(6) Generator or alternator of adequate primary airworthiness certificate, unless 48. Amend § 141.55 by revising
capacity for the required instruments the FAA determines otherwise because paragraphs (d) introductory text, (e)
and equipment. of the nature of the approved course; introductory text, and (e)(2)(ii)
* * * * * (3) Is maintained and inspected in introductory text to read as follows:
accordance with the requirements for
PART 141—PILOT SCHOOLS aircraft operated for hire under part 91, § 141.55 Training course: Contents.
subpart E of this chapter; * * * * *
42. The authority citation for 14 CFR (d) A pilot school may request and
(4) Has two pilot stations with engine-
part 141 continues to read as follows: receive initial approval for a period of
power controls that can be easily
Authority: 49 U.S.C. 106(g), 40113, 44701– reached and operated in a normal not more than 24 calendar months for
44703, 44707, 44709, 44711, 45102–45103, manner from both pilot stations (for any training course under this part that
45301–45302. does not meet the minimum ground and
flight training); and
43. Revise § 141.5 to read as follows: (5) Is equipped and maintained for flight training time requirements,
IFR operations if used in a course provided the following provisions are
§ 141.5 Requirements for a pilot school involving IFR en route operations and met:
certificate.
instrument approaches. For training in * * * * *
The FAA may issue a pilot school the control and precision maneuvering (e) A pilot school may request and
certificate with the appropriate ratings of an aircraft by reference to receive final approval for any training
if, within the 24 calendar months before instruments, the aircraft may be course under this part that does not
the date application is made, the equipped as provided in the approved meet the minimum ground and flight
applicant— course of training. training time requirements, provided
(a) Completes the application for a (b) When the school’s training facility the following conditions are met:
pilot school certificate on the form and is located outside the U.S. and the (2) * * *
in the manner prescribed by the FAA; training will be conducted outside the (ii) At least 80 percent of those
(b) Has held a provisional pilot school U.S., an applicant for a pilot school students passed the practical or
certificate; certificate or provisional pilot school knowledge test, as appropriate, on the
(c) Meets the applicable requirements certificate must show that each aircraft first attempt, and that test was given
under subparts A through C of this part used by the school for flight training by—
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for the school certificate and associated and solo flights: * * * * *


ratings sought; (1) Is either a civil aircraft of the 49. Amend § 141.77 by revising
(d) Has trained and recommended 10 United States or a civil aircraft of paragraph (c) to read as follows:
different people for a knowledge test or foreign registry;
a practical test, or any combination (2) Is certificated with a standard or § 141.77 Limitations.
thereof, and 80 percent of those persons primary airworthiness certificate or an * * * * *

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5848 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

(c) A student may be given credit 51. Amend Appendix B to part 141 by three points and one segment of the flight
towards the curriculum requirements of revising paragraph 2; paragraphs consisting of a straight-line distance of more
a course for previous training under the 4.(b)(1)(iii), 4.(b)(2)(iii), and 4.(b)(5)(iii); than 25 nautical miles between the takeoff
and landing locations; and
following conditions: and 5.(a)(1), 5.(b)(1), 5.(c)(1), 5.(d)(1),
(1) If the student completed a and 5.(e)(1) to read as follows: * * * * *
proficiency test and knowledge test that (d) * * *
Appendix B to Part 141—Private Pilot (1) One solo 100 nautical miles cross-
was conducted by the receiving pilot
Certification Course country flight with landings at a minimum of
school and the previous training was three points and one segment of the flight
based on a part 141 or a part 142- * * * * * consisting of a straight-line distance of more
approved flight training course, the 2. Eligibility for enrollment. A person must than 25 nautical miles between the takeoff
credit is limited to not more than 50 hold a valid recreational pilot certificate or and landing locations; and
valid student pilot certificate prior to
percent of the flight training enrollment in the solo flight phase of the * * * * *
requirements of the curriculum. private pilot certification course. (e) * * *
(2) If the student completed a (1) One solo 100 nautical miles cross-
* * * * * country flight with landings at a minimum of
knowledge test that was conducted by 4. * * *
the receiving pilot school and the three points and one segment of the flight
(b) * * * consisting of a straight-line distance of more
previous training was based on a part (1) * * * than 50 nautical miles between the takeoff
141 or a part 142-approved aeronautical (iii) 3 hours of flight training in a single- and landing locations; and
knowledge training course, the credit is engine airplane on the control and
limited to not more than 50 percent of maneuvering of a single-engine airplane * * * * *
solely by reference to instruments, including 52. Amend Appendix C to part 141 by
the aeronautical knowledge training
straight and level flight, constant airspeed revising paragraphs 4.(b)(2) through
requirements of the curriculum.
climbs and descents, turns to a heading, 4.(b)(4); adding new paragraphs 4.(b)(5)
(3) If the student completed a recovery from unusual flight attitudes, radio and (6); and revising the introductory
proficiency test and knowledge test that communications, and the use of navigation language of paragraph 4.(d) to read as
was conducted by the receiving pilot systems/facilities and radar services follows:
school and the training was received appropriate to instrument flight; and
from other than a part 141 or a part 142- * * * * * Appendix C to Part 141—Instrument
approved flight training course, the (2) * * * Rating Course
credit is limited to not more than 25 (iii) 3 hours of flight training in a * * * * *
percent of the flight training multiengine airplane on the control and 4. * * *
requirements of the curriculum. maneuvering of a multiengine airplane solely (b) * * *
(4) If the student completed a by reference to instruments, including (1) * * *
knowledge test that was conducted by straight and level flight, constant airspeed (2) Credit for training in a flight simulator
the receiving pilot school and the climbs and descents, turns to a heading, that meets the requirements of § 141.41(a) of
recovery from unusual flight attitudes, radio this part cannot exceed 50 percent of the total
previous training was received from communications, and the use of navigation flight training hour requirements of the
other than a part 141 or a part 142- systems/facilities and radar services course or of this section, whichever is less.
approved aeronautical knowledge appropriate to instrument flight; and (3) Credit for training in a flight training
training course, the credit is limited to * * * * * device that meets the requirements of
not more than 25 percent of the (5) * * * § 141.41(b) of this part cannot exceed 40
aeronautical knowledge training (iii) 3 hours of flight training in a powered- percent of the total flight training hour
requirements of the curriculum. lift on the control and maneuvering of a requirements of the course or of this section,
(5) Completion of previous training powered-lift solely by reference to whichever is less.
must be certified in the student’s instruments, including straight and level (4) Credit for training in flight simulators
flight, constant airspeed climbs and descents, and flight training devices, if used in
training record by the training provider combination, cannot exceed 50 percent of the
or a management official within the turns to a heading, recovery from unusual
flight attitudes, radio communications, and total flight training hour requirements of the
training provider’s organization, and course or of this section, whichever is less.
the use of navigation systems/facilities and
must contain— radar services appropriate to instrument However, credit for training in a flight
(i) The kind and amount of training flight; and training device cannot exceed the limitation
provided; and provided for in paragraph (b)(3) of this
* * * * * section.
(ii) The result of each stage check and 5. * * *
end-of-course test, if appropriate. (5) Credit for training in an approved
(a) * * * personal computer aviation training device
50. Amend § 141.85 by revising (1) One solo 100 nautical miles cross- cannot exceed 10 percent of the total flight
paragraphs (a) introductory text and country flight with landings at a minimum of training hour requirements of the course or
(a)(1) to read as follows: three points and one segment of the flight of this section, whichever is less.
consisting of a straight-line distance of more (6) Credit for training in flight simulators,
§ 141.85 Chief instructor responsibilities. than 50 nautical miles between the takeoff flight training devices, and personal
(a) A chief instructor designated for a and landing locations; and computer aviation training devices, if used in
pilot school or provisional pilot school * * * * * combination, cannot exceed 50 percent of the
is responsible for: (b) * * * total flight training hour requirements of the
(1) Certifying each student’s training (1) One 100 nautical miles cross-country course or of this section, whichever is less.
record, graduation certificate, stage flight with landings at a minimum of three However, credit for training in a personal
check and end-of-course test reports, points and one segment of the flight computer aviation training device cannot
consisting of a straight-line distance of more exceed the limitation provided under
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and recommendation for course than 50 nautical miles between the takeoff paragraph (b)(5) of this section.
completion, unless the duties are and landing locations; and
delegated by the chief instructor to an * * * * *
* * * * * (d) Each course must include flight training
assistant chief instructor or (c) * * * on the areas of operation listed under this
recommending instructor; (1) One solo 100 nautical miles cross- paragraph appropriate to the instrument
* * * * * country flight with landings at a minimum of aircraft category and class rating (if a class

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5849

rating is appropriate) for which the course navigational systems. This aeronautical (d) * * *
applies: experience may be performed in an aircraft, (4) * * *
* * * * * flight simulator, flight training device, or a (vi) Ground reference maneuvers;
53. Amend Appendix D to part 141 by personal computer aviation training device; 5. * * *
(ii) One 2-hour cross-country flight in day- (a) For an airplane single-engine course. 10
revising paragraphs 4.(b)(1)(i), (ii), (iii), time conditions in a helicopter that consists hours of solo flight time in a single-engine
and (iv); revising paragraphs 4.(b)(2)(i), of a total straight-line distance of more than airplane, or 10 hours of flight time while
(iii), and (iv); revising paragraphs 50 nautical miles from the original point of performing the duties of pilot in command in
4.(b)(3)(i), (ii), and (iii); revising departure; a single-engine airplane with an authorized
paragraphs 4.(b)(4)(i), (ii), and (iii), (iii) One 2-hour cross-country flight in instructor on board. The training must
4.(b)(5)(i), (ii), and (iii); revising night-time conditions in a helicopter that consist of the approved areas of operation
paragraphs 4.(b)(7)(i), (ii), and (iii); re- consists of a total straight-line distance of under paragraph (d)(1) of section No. 4 of this
designating paragraphs 4.(d)(4)(vi) more than 50 nautical miles from the original appendix, and include—
point of departure; and
through (ix) as 4.(d)(4)(vii) through (x); * * * * *
adding a new paragraph 4.(d)(4)(vi); and * * * * * (b) For an airplane multiengine course. 10
revising the introductory language of (4) * * * hours of solo flight time in a multiengine
(i) 2.5 hours on the control and airplane, or 10 hours of flight time while
paragraphs 5.(a), (b), (c), (d), and (e) to maneuvering of a gyroplane solely by
read as follows: performing the duties of pilot in command in
reference to instruments, including using a a multiengine airplane with an authorized
Appendix D to Part 141—Commercial view limiting device for attitude instrument instructor on board. The training must
Pilot Certification Course flying, partial panel skills, recovery from consist of the approved areas of operation
unusual flight attitudes, and intercepting and
under paragraph (d)(2) of section No. 4 of this
* * * * * tracking navigational systems. This
appendix, and include—
4. * * * aeronautical experience may be performed in
(b) * * * an aircraft, flight simulator, flight training * * * * *
(1) * * * device, or a personal computer aviation (c) For a rotorcraft helicopter course. 10
(i) 10 hours of instrument training using a training device; hours of solo flight time in a helicopter, or
view limiting device including attitude (ii) One 2-hour cross-country flight in day- 10 hours of flight time while performing the
instrument flying, partial panel skills, time conditions in a gyroplane that consists duties of pilot in command in a helicopter
recovery from unusual flight attitudes, and of a total straight-line distance of more than with an authorized instructor on board. The
intercepting and tracking navigational 50 nautical miles from the original point of training must consist of the approved areas
systems. 5 of the 10 hours of instrument departure; of operation under paragraph (d)(3) of section
training must be in a single-engine airplane; (iii) 2 hours of flight training in night-time No. 4 of this appendix, and include—
(ii) 10 hours of training in an airplane that conditions in a gyroplane at an airport, that * * * * *
has a retractable landing gear, flaps, and a includes 10 takeoffs and 10 landings to a full (d) For a rotorcraft-gyroplane course. 10
controllable pitch propeller, or is turbine- stop (with each landing involving a flight in hours of solo flight time in a gyroplane, or
powered; the traffic pattern); and
10 hours of flight time while performing the
(iii) One 2-hour cross-country flight in day- * * * * * duties of pilot in command in a gyroplane
time conditions in a single-engine airplane (5) * * * with an authorized instructor on board. The
that consists of a total straight-line distance (i) 10 hours of instrument training using a training must consist of the approved areas
of more than 100 nautical miles from the view limiting device including attitude of operation under paragraph (d)(4) of section
original point of departure; instrument flying, partial panel skills,
(iv) One 2-hour cross-country flight in No. 4 of this appendix, and include—
recovery from unusual flight attitudes, and
night-time conditions in a single-engine intercepting and tracking navigational * * * * *
airplane that consists of a total straight-line systems. Five of the 10 hours of instrument (e) For a powered-lift course. 10 hours of
distance of more than 100 nautical miles training must be in a powered-lift; solo flight time in a powered-lift, or 10 hours
from the original point of departure; and (ii) One 2-hour cross-country flight in day- of flight time while performing the duties of
* * * * * time conditions in a powered-lift that pilot in command in a powered-lift with an
(2) * * * consists of a total straight-line distance of authorized instructor on board. The training
(i) 10 hours of instrument training using a more than 100 nautical miles from the must consist of the approved areas of
view limiting device including attitude original point of departure; operation under paragraph (d)(5) of section
instrument flying, partial panel skills, (iii) One 2-hour cross-country flight in No. 4 of this appendix, and include—
recovery from unusual flight attitudes, and night-time conditions in a powered-lift that * * * * *
intercepting and tracking navigational consists of a total straight-line distance of
systems. 5 of the 10 hours of instrument more than 100 nautical miles from the 54. Amend Appendix E to part 141 by
training must be in a multiengine airplane; original point of departure; and revising the introductory text of
paragraph 2; removing paragraph 2.(a);
* * * * * * * * * *
(iii) One 2-hour cross-country flight in day- (7) * * * re-designating existing paragraph 2.(b)
time conditions in a multiengine airplane (i) 3 hours of instrument training in an as 2.(a) revising newly re-designated
that consists of a total straight-line distance airship, including using a view limiting paragraph 2.(a); re-designating
of more than 100 nautical miles from the device for attitude instrument flying, partial paragraph 2.(c) as (b); and re-designating
original point of departure; panel skills, recovery from unusual flight paragraph 2.(d) as (c) to read as follows:
(iv) One 2-hour cross-country flight in attitudes, and intercepting and tracking
night-time conditions in a multiengine navigational systems; Appendix E to Part 141—Airline
airplane that consists of a total straight-line (ii) One 1-hour cross-country flight in day- Transport Pilot Certification Course
distance of more than 100 nautical miles time conditions in an airship that consists of * * * * *
from the original point of departure; and a total straight-line distance of more than 25 2. Eligibility for enrollment. Before
* * * * * nautical miles from the original point of completing the flight portion of the airline
departure;
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(3) * * * transport pilot certification course, a person


(i) 5 hours on the control and maneuvering (iii) One 1-hour cross-country flight in must meet the aeronautical experience
of a helicopter solely by reference to night-time conditions in an airship that requirements for an airline transport pilot
instruments, including using a view limiting consists of a total straight-line distance of certificate under part 61, subpart G of this
device for attitude instrument flying, partial more than 25 nautical miles from the original chapter that is appropriate to the aircraft
panel skills, recovery from unusual flight point of departure; and category and class rating for which the course
attitudes, and intercepting and tracking * * * * * applies, and:

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5850 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

(a) Hold a commercial pilot certificate and (3) Safe and efficient operation of aircraft; training on the areas of operations under part
an instrument rating, or an airline transport (4) Weight and balance computations; 141, appendix B, paragraph 4(d)(1). A flight
pilot certificate with instrument privileges; (5) Use of performance charts; simulator and flight training device cannot be
* * * * * (6) Significance and effects of exceeding used to meet more than 4 hours of the
55. Amend Appendix I to part 141 by aircraft performance limitations; training requirements, and the use of the
(7) Principles and functions of aircraft flight training device is limited to 3 of the 4
revising the appendix heading; and
systems; hours. The course must include—
revising paragraphs 3 and 4 to read as (8) Maneuvers, procedures, and emergency (i) 3 hours of cross-country training in a
follows: operations appropriate to the aircraft; single-engine airplane, except as provided
Appendix I to Part 141—Additional (9) Night-time and high-altitude under § 61.111 of this chapter;
operations; and (ii) 3 hours of night-time flight training in
Aircraft Category and/or Class Rating
(10) Procedures for flight and ground a single-engine airplane that includes one
Course training for lighter-than-air ratings. cross-country flight of more than 100 nautical
* * * * * (d) For an airline transport pilot certificate, miles total distance, and 10 takeoffs and 10
3. Aeronautical knowledge training. (a) For the following aeronautical knowledge areas landings to a full stop (with each landing
a recreational pilot certificate, the following must be included in a 25-hour ground involving a flight in the traffic pattern) at an
aeronautical knowledge areas must be training course for an additional aircraft airport;
included in a 10-hour ground training course category and/or class rating: (iii) 3 hours of flight training in a single-
for an additional aircraft category and/or (1) Applicable Federal Aviation engine airplane on the control and
class rating: Regulations that relate to airline transport maneuvering of the airplane solely by
(1) Applicable Federal Aviation pilot privileges, limitations, and flight reference to instruments, including straight
Regulations for recreational pilot privileges, operations; and level flight, constant airspeed climbs and
limitations, and flight operations; (2) Meteorology, including knowledge of descents, turns to a heading, recovery from
(2) Safe and efficient operation of aircraft, and effects of fronts, frontal characteristics, unusual flight attitudes, radio
including collision avoidance, and cloud formations, icing, and upper-air data; communications, and the use of navigation
recognition and avoidance of wake (3) General system of weather and NOTAM systems/facilities and radar services
turbulence; collection, dissemination, interpretation, and appropriate to instrument flight; and
(3) Effects of density altitude on takeoff use; (iv) 3 hours of flight training in a single-
and climb performance; (4) Interpretation and use of weather engine airplane within 2 calendar months
(4) Weight and balance computations; charts, maps, forecasts, sequence reports, before the date of the practical test.
(5) Principles of aerodynamics, abbreviations, and symbols; (3) For the commercial pilot certificate, the
powerplants, and aircraft systems; (5) National Weather Service functions as course must include 55 hours of flight
(6) Stall awareness, spin entry, spins, and they pertain to operations in the National training on the areas of operations under part
spin recovery techniques if applying for an Airspace System; 141, appendix D, paragraph 4(d)(1). A flight
airplane single-engine rating; and (6) Windshear and microburst awareness, simulator and flight training device cannot be
(7) Preflight action that includes how to identification, and avoidance; used to meet more than 16.5 hours of the
obtain information on runway lengths at (7) Principles of air navigation under training requirements, and the use of the
airports of intended use, data on takeoff and instrument meteorological conditions in the flight training device is limited to 11 of the
landing distances, weather reports and National Airspace System; 16.5 hours. The course must include—
forecasts, and fuel requirements. (8) Air traffic control procedures and pilot (i) 5 hours of instrument training in a
(b) For a private pilot certificate, the responsibilities as they relate to en route single-engine airplane that includes training
following aeronautical knowledge areas must operations, terminal area and radar using a view limiting device on attitude
be included in a 10-hour ground training operations, and instrument departure and instrument flying, partial panel skills,
course for an additional class rating or a 15- approach procedures; recovery from unusual flight attitudes, and
hour ground training course for an additional (9) Aircraft loading; weight and balance; intercepting and tracking navigational
aircraft category and class rating:
use of charts, graphs, tables, formulas, and systems;
(1) Applicable Federal Aviation
computations; and the effects on aircraft (ii) 10 hours of training in an airplane that
Regulations for private pilot privileges,
performance; has retractable landing gear, flaps, and a
limitations, and flight operations;
(10) Aerodynamics relating to an aircraft’s controllable pitch propeller, or is turbine-
(2) Safe and efficient operation of aircraft,
including collision avoidance, and flight characteristics and performance in powered;
recognition and avoidance of wake normal and abnormal flight regimes; (iii) One 2-hour cross-country flight during
turbulence; (11) Human factors; day-time conditions in a single-engine
(3) Effects of density altitude on takeoff (12) Aeronautical decision making and airplane, a total straight-line distance of more
and climb performance; judgment; and than 100 nautical miles from the original
(4) Weight and balance computations; (13) Crew resource management to include point of departure;
(5) Principles of aerodynamics, crew communication and coordination. (iv) One 2-hour cross-country flight during
powerplants, and aircraft systems; 4. Flight training. night-time conditions in a single-engine
(6) Stall awareness, spin entry, spins, and (a) Course for an additional airplane airplane, a total straight-line distance of more
spin recovery techniques if applying for an category and single-engine class rating. than 100 nautical miles from the original
airplane single-engine rating; and (1) For the recreational pilot certificate, the point of departure; and
(7) Preflight action that includes how to course must include 15 hours of flight (v) 3 hours in a single-engine airplane
obtain information on runway lengths at training on the areas of operations under part within 2 calendar months before the date of
airports of intended use, data on takeoff and 141, appendix A, paragraph 4(c)(1) that the practical test.
landing distances, weather reports and include— (4) For the airline transport pilot
forecasts, and fuel requirements. (i) 2 hours of flight training to an airport certificate, the course must include 25 hours
(c) For a commercial pilot certificate, the and at an airport that is located more than flight training, including 15 hours of
following aeronautical knowledge areas must 25 nautical miles from the airport where the instrument training, in a single-engine
be included in a 15-hour ground training applicant normally trains, with three takeoffs airplane on the areas of operation under part
course for an additional class rating or a 20- and three landings, except as provided under 141, appendix E, paragraph 4.(c). A flight
erjones on PRODPC74 with PROPOSALS2

hour ground training course for an additional § 61.100 of this chapter; and simulator and flight training device cannot be
aircraft category and class rating: (ii) 3 hours of flight training in an aircraft used to meet more than 12.5 hours of the
(1) Federal Aviation Regulations that apply with the airplane category and single-engine training requirements; and the use of the
to commercial pilot privileges, limitations, class within 2 calendar months before the flight training device is limited to 6.25 of the
and flight operations; date of the practical test. 12.5 hours.
(2) Basic aerodynamics and the principles (2) For the private pilot certificate, the (b) Course for an additional airplane
of flight; course must include 20 hours of flight category and multiengine class rating.

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5851

(1) For the private pilot certificate, the (c) Course for an additional rotorcraft E, paragraph 4.(c). A flight simulator and
course requires 20 hours flight training on category and helicopter class rating. flight training device cannot be used more
the areas of operations under part 141, (1) For the recreational pilot certificate, the than 12.5 hours to meet the training
appendix B, paragraph 4.(d)(2). A flight course requires 15 hours of flight training on requirements, and use of the flight training
simulator and flight training device cannot be the areas of operations under part 141, device is limited to 6.25 of the 12.5 hours.
used more than 4 hours to meet the training appendix A, paragraph 4.(c)(2) that (d) Course for an additional rotorcraft
requirements, and use of the flight training includes— category and a gyroplane class rating.
device is limited to 3 of the 4 hours. The (i) 2 hours of flight training to and at an (1) For the recreational pilot certificate, the
course must include— airport that is located more than 25 nautical course requires 15 hours flight training on
(i) 3 hours of cross-country training in a miles from the airport where the applicant the areas of operations under part 141,
multiengine airplane, except as provided normally trains, with three takeoffs and three appendix A, paragraph 4.(c)(3) that
under § 61.111 of this chapter; landings, except as provided under § 61.100 includes—
(ii) 3 hours of night-time flight training in of this chapter; and (i) 2 hours of flight training to and at an
a multiengine airplane that includes one (ii) 3 hours of flight training in a rotorcraft airport that is located more than 25 nautical
cross-country flight of more than 100 nautical category and a helicopter class aircraft within miles from the airport where the applicant
miles total distance, and 10 takeoffs and 10 2 calendar months before the date of the normally trains, with three takeoffs and three
landings to a full stop (with each landing practical test. landings, except as provided under § 61.100
involving a flight in the traffic pattern) at an (2) For the private pilot certificate, the of this chapter; and
airport; course requires 20 hours flight training on (ii) 3 hours of flight training in a gyroplane
(iii) 3 hours of flight training in a the areas of operations under part 141, class within 2 calendar months before the
multiengine airplane on the control and appendix B, paragraph 4.(d)(3). A flight date of the practical test.
maneuvering of a multiengine airplane solely simulator and flight training device cannot be (2) For the private pilot certificate, the
by reference to instruments, including used more than 4 hours to meet the training course requires 20 hours flight training on
straight and level flight, constant airspeed requirements, and use of the flight training the areas of operations under part 141,
climbs and descents, turns to a heading, device is limited to 3 of the 4 hours. The appendix B, paragraph 4.(d)(4). A flight
recovery from unusual flight attitudes, radio course must include— simulator and flight training device cannot be
communications, and the use of navigation (i) Except as provided under § 61.111 of used more than 4 hours to meet the training
systems/facilities and radar services this chapter, 3 hours of cross-country flight requirements, and use of the flight training
appropriate to instrument flight; and training in a helicopter; device is limited to 3 of the 4 hours. The
(iv) 3 hours of flight training in a (ii) 3 hours of night-time flight training in course must include—
multiengine airplane in preparation for the a helicopter that includes one cross-country (i) 3 hours of cross-country flight training
in a gyroplane, except as provided under
practical test within 2 calendar months flight of more than 50-nautical-miles total
§ 61.111 of this chapter;
before the date of the test. distance, and 10 takeoffs and 10 landings to
(ii) 3 hours of night-time flight training in
(2) For the commercial pilot certificate, the a full stop (with each landing involving a
a gyroplane that includes one cross-country
course requires 55 hours flight training on flight in the traffic pattern) at an airport; and
flight of more than 50-nautical miles total
the areas of operations under part 141, (iii) 3 hours of flight training in a
distance, and 10 takeoffs and 10 landings to
appendix D, paragraph 4.(d)(2). A flight helicopter within 2 calendar months before a full stop (with each landing involving a
simulator and flight training device cannot be the date of the practical test. flight in the traffic pattern) at an airport; and
used more than 16.5 hours to meet the (3) The commercial pilot certificate level (iii) 3 hours of flight training in a gyroplane
training requirements, and use of the flight requires 30 hours flight training on the areas within 2 calendar months before the date of
training device is limited to 11 of the 16.5 of operations under appendix D of part 141, the practical test.
hours. The course must include— paragraph 4.(d)(3). A flight simulator and (3) For the commercial pilot certificate, the
(i) 5 hours of instrument training in a flight training device cannot be used more course requires 30 hours flight training on
multiengine airplane including training using than 9 hours to meet the training the areas of operations of appendix D to part
a view limiting device for attitude instrument requirements, and use of the flight training 141, paragraph 4.(d)(4). A flight simulator
flying, partial panel skills, recovery from device is limited to 6 of the 9 hours. The and flight training device cannot be used
unusual flight attitudes, and intercepting and course must include— more than 6 hours to meet the training
tracking navigational systems; (i) 5 hours on the control and maneuvering requirements, and use of the flight training
(ii) 10 hours of training in a multiengine of a helicopter solely by reference to device is limited to 6 of the 9 hours. The
airplane that has retractable landing gear, instruments, and must include training using course must include—
flaps, and a controllable pitch propeller, or a view limiting device for attitude instrument (i) 2.5 hours on the control and
is turbine-powered; flying, partial panel skills, recovery from maneuvering of a gyroplane solely by
(iii) One 2-hour cross-country flight during unusual flight attitudes, and intercepting and reference to instruments, and must include
day-time conditions in a multiengine tracking navigational systems. This training using a view limiting device for
airplane, and a total straight-line distance of aeronautical experience may be performed in attitude instrument flying, partial panel
more than 100 nautical miles from the an aircraft, flight simulator, flight training skills, recovery from unusual flight attitudes,
original point of departure; device, or a personal computer aviation and intercepting and tracking navigational
(iv) One 2-hour cross-country flight during training device; systems. This aeronautical experience may be
night-time conditions in a multiengine (ii) One 2-hour cross-country flight during performed in an aircraft, flight simulator,
airplane, and a total straight-line distance of day-time conditions in a helicopter, a total flight training device, or a personal computer
more than 100 nautical miles from the straight-line distance of more than 50 aviation training device.
original point of departure; and nautical miles from the original point of (ii) One 2-hour cross-country flight during
(v) 3 hours in a multiengine airplane departure; day-time conditions in a gyroplane, a total
within 2 calendar months before the date of (iii) One 2-hour cross-country flight during straight-line distance of more than 50
the practical test. night-time conditions in a helicopter, a total nautical miles from the original point of
(3) For the airline transport pilot straight-line distance of more than 50 departure;
certificate, the course requires 25 hours of nautical miles from the original point of (iii) 2 hours of flight training during night-
flight training in a multiengine airplane on departure; and time conditions in a gyroplane at an airport,
the areas of operation under part 141, (iv) 3 hours in a helicopter within 2 that includes 10 takeoffs and 10 landings to
erjones on PRODPC74 with PROPOSALS2

appendix E, paragraph 4.(c) that includes 15 calendar months before the date of the a full stop (with each landing involving a
hours of instrument training. A flight practical test. flight in the traffic pattern); and
simulator and flight training device cannot be (4) For the airline transport pilot (iv) 3 hours in a gyroplane within 2
used more than 12.5 hours to meet the certificate, the course requires 25 hours of calendar months before the date of the
training requirements, and use of the flight flight training, including 15 hours of practical test.
training device is limited to 6.25 of the 12.5 instrument training, in a helicopter on the (e) Course for an additional lighter-than-air
hours. areas of operation under part 141, appendix category and airship class rating.

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5852 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

(1) For the private pilot certificate, the that includes eight training flights on the (iv) 3 hours of flight training in a powered-
course requires 20 hours of flight training on areas of operations under part 141, appendix lift within 2 calendar months before the date
the areas of operation under part 141, D, paragraph 4(d)(8). A flight simulator and of the practical test.
appendix B, paragraph 4.(d)(7). A flight flight training device cannot be used more (2) For the commercial pilot certificate, the
simulator and flight training device cannot be than 3 hours to meet the training course requires 55 hours flight training on
used more than 4 hours to meet the training requirements, and use of the flight training the areas of operations under part 141,
requirements, and use of the flight training device is limited to 2 of the 3 hours. The appendix D, paragraph 4(d)(5). A flight
device is limited to 3 of the 4 hours. The course must include— simulator and flight training device cannot be
course must include— (i) Two flights of 1 hour each; used more than 16.5 hours to meet the
(i) 3 hours of cross-country flight training (ii) One flight involving a controlled ascent training requirements, and use of the flight
in an airship, except as provided under to 5,000 feet above the launch site; and training device is limited to 11 of the 16.5
§ 61.111 of this chapter; (iii) Two flights within 2 calendar months hours. The course includes—
(ii) 3 hours of night-time flight training in before the date of the practical test. (i) 5 hours of instrument training in a
an airship that includes one cross-country (g) Course for an additional lighter-than-air powered-lift that must include training using
flight of more than 25-nautical miles total category and a hot air balloon class rating. a view limiting device for attitude instrument
distance and five takeoffs and five landings (1) For the private pilot certificate, the flying, partial panel skills, recovery from
to a full stop (with each landing involving a course requires eight hours of flight training unusual flight attitudes, and intercepting and
flight in the traffic pattern) at an airport; that includes five training flights on the areas tracking navigational systems;
(iii) 3 hours of flight training in an airship of operations under part 141, appendix B, (ii) One 2-hour cross-country flight during
on the control and maneuvering of an airship paragraph 4(d)(8). A flight simulator and day-time conditions in a powered-lift, a total
solely by reference to instruments, including flight training device cannot be used more straight-line distance of more than 100
straight and level flight, constant airspeed than 1.6 hours to meet the training nautical miles from the original point of
climbs and descents, turns to a heading, requirements, and use of the flight training departure;
recovery from unusual flight attitudes, radio device is limited to 1.2 of the 1.6 hours. The (iii) One 2-hour cross-country flight during
communications, and the use of navigation course must include— night-time conditions in a powered-lift, a
systems/facilities and radar services (i) Two flights of 30 minutes each; total straight-line distance of more than 100
appropriate to instrument flight; and (ii) One flight involving a controlled ascent nautical miles from the original point of
(iv) 3 hours of flight training in an airship to 2,000 feet above the launch site; and departure; and
within 2 calendar months before the date of (iii) Two flights within 2 calendar months (iv) 3 hours of flight training in a powered-
the practical test. before the date of the practical test. lift within 2 calendar months before the date
(2) For the commercial pilot certificate, the (2) For the commercial pilot certificate, the of the practical test.
course requires 55 hours of flight training on
course requires 10 hours of flight training (3) For the airline transport pilot
the areas of operation under part 141,
that includes eight training flights on the certificate, the course requires 25 hours flight
appendix D, paragraph 4.(d)(7). A flight
areas of operation under part 141, appendix training in a powered-lift on the areas of
simulator and flight training device cannot be
D, paragraph 4(d)(8). A flight simulator and operation under part 141, appendix E,
used more than 16.5 hours to meet the
flight training device cannot be used more paragraph 4(c) that includes 15 hours of
training requirements, and use of the flight
training device is limited to 11 of the 16.5 than 3 hours to meet the training instrument training. A flight simulator and
hours. The course must include— requirements, and use of the flight training flight training device cannot be used more
(i) 3 hours of instrument training in an device is limited to 2 of the 3 hours. The than 12.5 hours to meet the training
airship that must include training using a course must include— requirements, and use of the flight training
view limiting device for attitude instrument (i) Two flights of 30 minutes each; device is limited to 6.25 of the 12.5 hours.
flying, partial panel skills, recovery from (ii) One flight involving a controlled ascent (i) Course for an additional glider category
unusual flight attitudes, and intercepting and to 3,000 feet above the launch site; and rating.
tracking navigational systems; (iii) Two flights within 2 calendar months (1) For the private pilot certificate, the
(ii) One 1-hour cross-country flight during before the date of the practical test. course requires 4 hours of flight training in
day-time conditions in an airship that (h) Course for an additional powered-lift a glider on the areas of operations under part
consists of a total straight-line distance of category rating. 141, appendix B, paragraph 4(d)(6). A flight
more than 25 nautical miles from the original (1) For the private pilot certificate, the simulator and flight training device cannot be
point of departure; course requires 20 hours flight training on used more than 0.8 hours to meet the training
(iii) One 1-hour cross-country flight during the areas of operations under part 141, requirements, and use of the flight training
night-time conditions in an airship that appendix B, paragraph 4(d)(5). A flight device is limited to 0.6 of the 0.8 hours. The
consists of a total straight-line distance of simulator and flight training device cannot be course must include—
more than 25 nautical miles from the original used more than 4 hours to meet the training (i) Five training flights in a glider with a
point of departure; and requirements, and use of the flight training certificated flight instructor on the launch/
(iv) 3 hours of flight training in an airship device is limited to 3 of the 4 hours. The tow procedures approved for the course and
within 2 calendar months before the date of course must include— on the appropriate approved areas of
the practical test. (i) 3 hours of cross-country flight training operation listed under appendix B, paragraph
(f) Course for an additional lighter-than-air in a powered-lift except as provided under 4(d)(6) of this part; and
category and a gas balloon class rating. § 61.111 of this chapter; (ii) Three training flights in a glider with
(1) For the private pilot certificate, the (ii) 3 hours of night-time flight training in a certificated flight instructor within 2
course requires eight hours of flight training a powered-lift that includes one cross- calendar months before the date of the
that includes five training flights on the areas country flight of more than 100-nautical- practical test.
of operations under part 141, appendix B, miles total distance, and 10 takeoffs and 10 (2) The commercial pilot certificate level
paragraph 4(d)(8). A flight simulator and landings to a full stop (with each landing requires 4 hours of flight training in a glider
flight training device cannot be used more involving a flight in the traffic pattern) at an on the areas of operation under part 141,
than 1.6 hours to meet the training airport; appendix D, paragraph 4(d)(6). A flight
requirements, and use of the flight training (iii) 3 hours of flight training in a powered- simulator and flight training device cannot be
device is limited to 1.2 of the 1.6 hours. The lift on the control and maneuvering of a used more than 0.8 hours to meet the training
course must include— powered-lift solely by reference to requirements, and use of the flight training
erjones on PRODPC74 with PROPOSALS2

(i) Two flights of 1 hour each; instruments, including straight and level device is limited to 0.6 of the 0.8 hours. The
(ii) One flight involving a controlled ascent flight, constant airspeed climbs and descents, course must include—
to 3,000 feet above the launch site; and turns to a heading, recovery from unusual (j) Course for an airplane additional single-
(iii) Two flights within 2 calendar months flight attitudes, radio communications, and engine class rating.
before the date of the practical test. the use of navigation systems/facilities and (1) For the private pilot certificate, the
(2) For the commercial pilot certificate, the radar services appropriate to instrument course requires 3 hours of flight training. in
course requires 10 hours of flight training flight; the areas of operations under part 141,

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules 5853

appendix B, paragraph 4(d)(1). A flight device is limited to 0.4 of the 0.6 hours. The miles from the airport where the applicant
simulator and flight training device cannot be course must include— normally trains, with three takeoffs and three
used more than 0.6 hours to meet the training (i) 3 hours of cross-country training in a landings, except as provided under § 61.100
requirements, and use of the flight training multiengine airplane, except as provided of this chapter; and
device is limited to 0.4 of the 0.6 hours. The under § 61.111 of this chapter; (ii) 3 hours of flight training in a helicopter
course must include— (ii) 3 hours of night-time flight training in within 2 calendar months before the date of
(i) 3 hours of cross-country training in a a multiengine airplane that includes one the practical test.
single-engine airplane, except as provided cross-country flight of more than 100 nautical (2) For the private pilot certificate, the
under § 61.111 of this chapter; miles total distance in a multiengine course requires 3 hours flight training on the
(ii) 3 hours of night-time flight training in airplane, and 10 takeoffs and 10 landings to areas of operations under appendix B of part
a single-engine airplane that includes one a full stop (with each landing involving a 141, paragraph 4.(d)(3). A flight simulator
cross-country flight of more than 100 nautical flight in the traffic pattern) at an airport; and flight training device cannot be used
miles total distance in a single-engine (iii) 3 hours of flight training in a more than 0.6 hours to meet the training
airplane and 10 takeoffs and 10 landings to multiengine airplane on the control and requirements, and use of the flight training
a full stop (with each landing involving a maneuvering of a multiengine airplane solely device is limited to 0.4 of the 0.6 hours. The
flight in the traffic pattern) at an airport; by reference to instruments, including course must include—
(iii) 3 hours of flight training in a single- straight and level flight, constant airspeed (i) 3 hours of cross-country training in a
engine airplane on the control and climbs and descents, turns to a heading, helicopter, except as provided under § 61.111
maneuvering of a single-engine airplane recovery from unusual flight attitudes, radio of this chapter;
solely by reference to instruments, including communications, and the use of navigation (ii) 3 hours of night-time flight training in
straight and level flight, constant airspeed systems/facilities and radar services a helicopter that includes one cross-country
climbs and descents, turns to a heading, appropriate to instrument flight; and flight of more than 50-nautical-miles total
recovery from unusual flight attitudes, radio (iv) 3 hours of flight training in a distance, and 10 takeoffs and 10 landings to
communications, and the use of navigation multiengine airplane within 2 calendar a full stop (with each landing involving a
systems/facilities and radar services months before the date of the practical test. flight in the traffic pattern) at an airport; and
appropriate to instrument flight; and (2) For the commercial pilot certificate, the (iii) 3 hours of flight training in a
(iv) 3 hours of flight training in a single- course requires 10 hours of training on the helicopter within 2 calendar months before
engine airplane within 2 calendar months areas of operations under appendix D of part the date of the practical test.
before the date of the practical test. 141, paragraph 4(d)(2). A flight simulator and (3) For the commercial pilot certificate, the
(2) For the commercial pilot certificate, the flight training device cannot be used more course requires 5 hours flight training on the
course requires 10 hours of flight training on than 3 hours to meet the training areas of operations under appendix D of part
141, paragraph 4.(d)(3). Use of a flight
the areas of operations under part 141, requirements, and use of the flight training
simulator and flight training device in the
appendix D, paragraph 4.(d)(1). device is limited to 2 of the 3 hours. The
approved training course cannot exceed 1
(i) 5 hours of instrument training in a course must include—
hour; however, use of the flight training
single-engine airplane that must include (i) 5 hours of instrument training in a
device cannot exceed 0.7 of the one hour.
training using a view limiting device for multiengine airplane that must include
The course must include—
attitude instrument flying, partial panel training using a view limiting device on for (i) 5 hours on the control and maneuvering
skills, recovery from unusual flight attitudes, attitude instrument flying, partial panel of a helicopter solely by reference to
and intercepting and tracking navigational skills, recovery from unusual flight attitudes, instruments, and must include training using
systems. and intercepting and tracking navigational a view limiting device for attitude instrument
(ii) 10 hours of flight training in an systems; flying, partial panel skills, recovery from
airplane that has retractable landing gear, (ii) 10 hours of training in a multiengine unusual flight attitudes, and intercepting and
flaps, and a controllable pitch propeller, or airplane that has retractable landing gear, tracking navigational systems. This
is turbine-powered. flaps, and a controllable pitch propeller, or aeronautical experience may be performed in
(iii) One 2-hour cross-country flight during is turbine-powered; an aircraft, flight simulator, flight training
day-time conditions in a single-engine (iii) One 2-hour cross-country flight during device, or a personal computer aviation
airplane and a total straight-line distance of day-time conditions in a multiengine training device;
more than 100 nautical miles from the airplane and, a total straight-line distance of (ii) One 2-hour cross-country flight during
original point of departure; more than 100 nautical miles from the day-time conditions in a helicopter and, a
(iv) One 2-hour cross-country flight during original point of departure; total straight-line distance of more than 50
night-time conditions in a single-engine (iv) One 2-hour cross-country flight during nautical miles from the original point of
airplane and a total straight-line distance of night-time conditions in a multiengine departure;
more than 100 nautical miles from the airplane and, a total straight-line distance of (iii) One 2-hour cross-country flight during
original point of departure; and more than 100 nautical miles from the night-time conditions in a helicopter and a
(v) 3 hours of flight training in a single- original point of departure; and total straight-line distance of more than 50
engine airplane within 2 calendar months (iv) 3 hours of flight training in a nautical miles from the original point of
before the date of the practical test. multiengine airplane within 2 calendar departure; and
(3) For the airline transport pilot months before the date of the practical test. (iv) 3 hours of flight training in a helicopter
certificate, the course requires 25 hours flight (3) For the airline transport pilot within 2 calendar months before the date of
training in a single-engine airplane on the certificate, the course requires 25 hours of the practical test.
areas of operation under appendix E to part training in a multiengine airplane on the (4) For the airline transport pilot
141, paragraph 4.(c), that includes 15 hours areas of operation of appendix E to part 141, certificate, the course requires 25 hours of
of instrument training. A flight simulator and paragraph 4.(c) that includes 15 hours of flight training in a helicopter on the areas of
flight training device cannot be used more instrument training. A flight simulator and operation under appendix E of part 141,
than 12.5 hours to meet the training flight training device cannot be used more paragraph 4.(c) that includes 15 hours of
requirements, and use of the flight training than 12.5 hours to meet the training instrument training. A flight simulator and
device is limited to 6.25 of the 12.5 hours. requirements, and use of the flight training flight training device cannot be used more
(k) Course for an airplane additional device is limited to 6.25 of the 12.5 hours. than 12.5 hours to meet the training
multiengine class rating. (l) Course for a rotorcraft additional requirements, and use of the flight training
erjones on PRODPC74 with PROPOSALS2

(1) For the private pilot certificate, the helicopter class rating. device is limited to 6.25 of the 12.5 hours.
course requires 3 hours of flight training on (1) For the recreational pilot certificate, the (m) Course for a rotorcraft additional
the areas of operations of appendix B to part course requires 3 hours of flight training on gyroplane class rating.
141, paragraph 4(d)(2). A flight simulator and the areas of operations under appendix A of (1) For the recreational pilot certificate, the
flight training device cannot be used more part 141, paragraph 4.(c)(2) that includes— course requires 3 hours flight training on the
than 0.6 hours to meet the training (i) 2 hours of flight training to and at an areas of operations of appendix A to part 141,
requirements, and use of the flight training airport that is located more than 25 nautical paragraph 4.(c)(3) that includes—

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5854 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules

(i) Except as provided under § 61.100 of part 141, paragraph 4.(d)(7). A flight device is limited to 1.2 of the 1.6 hours. The
this chapter, 2 hours of flight training to and simulator and flight training device cannot be course must include—
at an airport that is located more than 25 used more than 4 hours to meet the training (i) Two flights of 1 hour each;
nautical miles from the airport where the requirements, and use of the flight training (ii) One flight involving a controlled ascent
applicant normally trains, with three takeoffs device is limited to 3 of the 4 hours. The to 3,000 feet above the launch site; and
and three landings; and course must include— (iii) Two flights within 2 calendar months
(ii) Within 2 calendar months before the (i) 3 hours of cross-country training in an before the date of the practical test.
date of the practical test, 3 hours of flight airship, except as provided under § 61.111 of (2) For the commercial pilot certificate, the
training in a gyroplane. this chapter; course requires 10 hours of flight training
(2) For the private pilot certificate, the (ii) 3 hours of night-time flight training in
that includes eight training flights on the
course requires 3 hours flight training on the an airship that includes one cross-country
areas of operations of appendix D to part 141,
areas of operations of appendix B to part 141, flight of more than 25-nautical-miles total
paragraph 4.(d)(4). A flight simulator and distance, and five takeoffs and five landings paragraph 4.(d)(8). A flight simulator and
flight training device cannot be used more to a full stop (with each landing involving a flight training device cannot be used more
than 0.6 hours to meet the training flight in the traffic pattern) at an airport; than 3 hours to meet the training
requirements, and use of the flight training (iii) 3 hours of flight training in an airship requirements, and use of the flight training
device is limited to 0.4 of the 0.6 hours. The on the control and maneuvering of an airship device is limited to 2 of the 3 hours. The
course must include— solely by reference to instruments, including course must include—
(i) 3 hours of cross-country training in a straight and level flight, constant airspeed (i) Two flights of 1 hour each;
gyroplane; climbs and descents, turns to a heading, (ii) One flight involving a controlled ascent
(ii) 3 hours of night-time flight training in recovery from unusual flight attitudes, radio to 5,000 feet above the launch site; and
a gyroplane that includes one cross-country communications, and the use of navigation (iii) Two flights within 2 calendar months
flight of more than 50-nautical-miles total systems/facilities and radar services before the date of the practical test.
distance, and 10 takeoffs and 10 landings to appropriate to instrument flight; and (p) Course for a lighter-than-air additional
a full stop (with each landing involving a (iv) 3 hours of flight training in an airship hot air balloon class rating.
flight in the traffic pattern) at an airport; and within 2 calendar months before the date of (1) For the private pilot certificate, the
(iii) 3 hours of flight training in a gyroplane the practical test. course requires 8 hours of flight training that
within 2 calendar months before the date of (2) For the commercial pilot certificate, the includes five training flights on the areas of
the practical test. course requires 55 hours of flight training on operations of appendix B to part 141,
(3) For the commercial pilot certificate, the the areas of operation under appendix D of paragraph 4.(d)(8). A flight simulator and
course requires 5 hours flight training on the part 141, paragraph 4.(d)(7). A flight flight training device cannot be used more
areas of operations of appendix D to part 141, simulator and flight training device cannot be than 1.6 hours to meet the training
paragraph 4.(d)(4). A flight simulator and used more than 16.5 hours to meet the requirements, and use of the flight training
flight training device cannot be used more training requirements, and use of the flight device is limited to 1.2 of the 1.6 hours. The
than 1 hour to meet the training training device is limited to 11 of the 16.5 course must include—
requirements, and use of the flight training hours. The course must include—
(i) Two flights of 30 minutes each;
device is limited to 0.7 of the 1 hour. The (i) 3 hours of instrument training in an
(ii) One flight involving a controlled ascent
course must include— airship that must include training using a
to 2,000 feet above the launch site; and
(i) 2.5 hours on the control and view limiting device for attitude instrument
maneuvering of a gyroplane solely by flying, partial panel skills, recovery from (iii) Two flights within 2 calendar months
reference to instruments, and must include unusual flight attitudes, and intercepting and before the date of the practical test.
training using a view limiting device for tracking navigational systems; (2) For the commercial pilot certificate, the
attitude instrument flying, partial panel (ii) One 1-hour cross-country flight during course requires 10 hours of flight training
skills, recovery from unusual flight attitudes, day-time conditions in an airship that that includes eight training flight on the areas
and intercepting and tracking navigational consists of a total straight-line distance of of operation of appendix D to part 141,
systems. This aeronautical experience may be more than 25 nautical miles from the original paragraph 4.(d)(8). A flight simulator and
performed in an aircraft, flight simulator, point of departure; flight training device cannot be used more
flight training device, or a personal computer (iii) One 1-hour cross-country flight during than 3 hours to meet the training
aviation training device. night-time conditions in an airship that requirements, and use of the flight training
(ii) 3 hours of cross-country flight training consists of a total straight-line distance of device is limited to 2 of the 3 hours. The
in a gyroplane, except as provided under more than 25 nautical miles from the original course must include—
§ 61.111 of this chapter; point of departure; and (i) Two flights of 30 minutes each.
(iii) 2 hours of flight training during night- (iv) 3 hours of flight training in an airship (ii) One flight involving a controlled ascent
time conditions in a gyroplane at an airport within 2 calendar months before the date of to 3,000 feet above the launch site; and
that includes 10 takeoffs and 10 landings to the practical test. (iii) Two flights within 2 calendar months
a full stop (with each landing involving a (o) Course for a lighter-than-air additional before the date of the practical test.
flight in the traffic pattern); and gas balloon class rating.
* * * * *
(iv) 3 hours of flight training in a gyroplane (1) For the private pilot certificate, the
within 2 calendar months before the date of course requires eight hours of flight training Issued in Washington, DC on December 27,
the practical test. that includes five training flights on the areas 2006.
(n) Course for a lighter-than-air additional of operations under appendix B of part 141, James Ballough,
airship class rating. paragraph 4.(d)(8). A flight simulator and Director, Flight Standards Service.
(1) For the private pilot certificate, the flight training device cannot be used more
course requires 20 hours of flight training on than 1.6 hours to meet the training [FR Doc. E7–1467 Filed 2–6–07; 8:45 am]
the areas of operation under appendix B of requirements, and use of the flight training BILLING CODE 4910–13–P
erjones on PRODPC74 with PROPOSALS2

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