SUMMARY: This final rule amends the FAA's regulations concerning pilot, flight instructor, and pilot school certification. This rule will require pilot-in-command (PIC) proficiency checks for pilots who act as PIC of turbojet-powered aircraft except for pilots of single seat experimental jets and pilots of experimental jets who do not carry passengers. It allows pilot applicants to apply concurrently for a private pilot certificate and an instrument rating and permits pilot schools and provisional pilot schools to apply for a combined private pilot certification and instrument rating course. In addition, the rule will: Allow pilot schools to use internet-based training programs without requiring schools to have a physical ground training facility; revise the definition of "complex airplane;" and allow the use of airplanes with throwover control wheels for expanded flight training. The final rule also amends the FAA's regulations concerning pilot certificates to allow the conversion of a foreign pilot license to a U.S. pilot certificate under the provisions of a Bilateral Aviation Safety Agreement (BASA) and Implementing Procedures for Licensing (IPL). The FAA has determined these amendments are needed to enhance safety, respond to changes in the aviation industry, and reduce unnecessary regulatory burdens.
EFFECTIVE DATE: These amendments become effective October 31, 2011.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning this final rule contact Gregory French, Airman Certification and Training Branch, General Aviation and Commercial Division, AFS-810, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 493-5474; e-mail [email protected] For legal questions concerning this final rule contact Michael Chase, Esq., Office of Chief Counsel, AGC-240, Regulations Division, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-3110; e-mail [email protected]
SUPPLEMENTARY INFORMATION: The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, section 106 describes the authority of the FAA Administrator, including the authority to issue, rescind, and revise regulations. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Chapter 447--Safety Regulation. Under section 44701, the FAA is charged with promoting safe flight of civil aircraft in air commerce by prescribing regulations necessary for safety. Under section 44703, the FAA issues an airman certificate to an individual when we find, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position authorized by the certificate. In this final rule, we amend the training, qualification, certification, and operating requirements for pilots.
These changes are intended to ensure that flight crewmembers have the training and qualifications to operate aircraft safely. For this reason, the changes are within the scope of our authority and are a reasonable and necessary exercise of our statutory obligations.
II. Executive Summary
The notice of proposed rulemaking (NPRM) published on August 31, 2009, (74 FR 44779) included 16 proposed changes to the FAA's existing pilot, flight instructor, and pilot school certification regulations. Of the proposed rule changes, proposal 2, which would require proficiency checks for PICs of single-piloted turbojet-powered aircraft, and proposal 3, which would permit application for an instrument rating concurrently with a private pilot certificate, raised the largest response by commenters. Upon review of the comments, the FAA has concluded that the rule requiring proficiency checks for single-piloted turbojet-powered aircraft was not well suited to experimental turbojet-powered aircraft and had the potential to add significant expense for the pilots of those aircraft. The final rule allows alternative methods of compliance for pilots of experimental jets that possess more than a single seat. It excludes from the proficiency check requirement those pilots of experimental jets that possess more than a single seat who do not carry passengers and those pilots of experimental jets that possess a single seat. The FAA has also modified the rule permitting concurrent application for a private pilot certificate and instrument rating because the rule as proposed in the original NPRM failed to recognize that the prerequisite of 50 hours of cross-country time for the instrument rating could not easily be met by a student pilot. The FAA has added a provision to SEC 61.65 to accommodate an alternative method of compliance with that requirement.
Finally, the NPRM proposed to replace the 10 hours of training in a complex airplane required for pilots applying for a commercial pilot certificate with 10 hours of advanced instrument training. These proposals would have resulted in changes to both Part 61 and Part 141. However, in response to the public comments received and in light of the recently passed Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-2163) that addresses flight crewmember training, the FAA has elected not to adopt these proposals.
III. Background
A. Summary of the NPRM
The following proposals were contained in the NPRM.
--This is a summary of a Federal Register article originally published on the page number listed below--
Final rule.
CFR Part: "14 CFR Parts 61, 91, 141, and 142"
RIN Number: "RIN 2120-AJ18"
Citation: "76 FR 54095"
Document Number: "Docket No.: FAA-2008-0938; Amendment Nos. 61-128, 91-324, 141-15, and 142-7"
Federal Register Page Number: "54095"
"Rules and Regulations"
