[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Rules and Regulations]
[Pages 54095-54110]
[FR Doc No: 2011-22308]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, 141, and 142

[Docket No.: FAA-2008-0938; Amendment Nos. 61-128, 91-324, 141-15, and
142-7]
RIN 2120-AJ18

Pilot in Command Proficiency Check and Other Changes to the Pilot
and Pilot School Certification Rules

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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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.

DATES: 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<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>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<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, 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.

----------------------------------------------------------------------------------------------------------------
         Proposal No.                  CFR designation                  Summary of the proposed changes
----------------------------------------------------------------------------------------------------------------
1.............................  Sec.   61.1(b)(3)............  Proposal to revise the definition of ``complex
                                                                airplane'' to include airplanes equipped with a
                                                                full authority digital engine control (FADEC)
                                                                and move it from Sec.   61.31(e) to Sec.
                                                                61.1(b)(3).
2.............................  Sec.   61.58(a)(1) & (2) and   Proposal to require a Sec.   61.58 PIC
                                 (d)(1)-(4).                    proficiency check for PICs of single piloted,
                                                                turbojet-powered airplanes.
3.............................  Sec.   61.65(a)(1)...........  Proposal to permit the application for and the
                                                                issuance of an instrument rating concurrently
                                                                with a private pilot certificate for pilots.
4.............................  Sec.   61.71(c)..............  Proposal to allow the conversion of a foreign
                                                                pilot license to a U.S. pilot certificate based
                                                                on an Implementation Procedures for Licensing
                                                                (IPL) agreement.
5.............................  Sec.   61.129(a)(3)(ii)......  Commercial pilot certificate, airplane single
                                                                engine class rating--Proposal to replace the 10
                                                                hours of complex airplane aeronautical
                                                                experience with 10 hours of advanced instrument
                                                                training.
6.............................  Sec.   61.129(b)(3)(ii)......  Commercial pilot certificate, airplane
                                                                multiengine class rating--Proposal to replace
                                                                the 10 hours of complex multiengine airplane
                                                                aeronautical experience with 10 hours of
                                                                advanced instrument training.
7.............................  Sec.   91.109(a) and (b)(3)..  Proposal to expand the use of airplanes with a
                                                                single, functioning throwover control wheel for
                                                                providing expanded flight training. This
                                                                proposal parallels the long standing grants of
                                                                exemptions that the FAA has issued to many
                                                                petitioners for use with certain airplanes with
                                                                a single, functioning throwover control wheel.
8.............................  Sec.   141.45................  Proposal to allow pilot schools and provisional
                                                                pilot schools an exception to the requirement to
                                                                have a ground training facility when the
                                                                training course is an online, computer-based
                                                                training program.
9.............................  Sec.   141.55(c)(1)..........  Proposal to allow pilot schools and provisional
                                                                pilot schools an exception to the requirement to
                                                                describe each room used for ground training when
                                                                the training course is an online, computer-based
                                                                training program.
10............................  Part 141, Appx. D, para.       Commercial pilot certification course for an
                                 4.(b)(1)(ii).                  airplane single engine class rating--Proposal to
                                                                replace the 10 hours of complex airplane
                                                                training with 10 hours of advanced instrument
                                                                training.
11............................  Part 141, Appx. D, para.       Commercial pilot certification course for an
                                 4.(b)(2)(ii).                  airplane multiengine class rating--Proposal to
                                                                replace the 10 hours of complex multiengine
                                                                airplane training with 10 hours of advanced
                                                                instrument training.

12............................  Part 141, Appx. I, para.       Additional airplane single engine class rating at
                                 4.(a)(3)(ii).                  the commercial pilot certification level--
                                                                Proposal to replace the 10 hours of complex
                                                                airplane training with 10 hours of advanced
                                                                instrument training.
13............................  Part 141, Appx. I, para.       Additional airplane multiengine class rating at
                                 4.(b)(2)(ii).                  the commercial pilot certification level--
                                                                Proposal to replace the 10 hours of complex
                                                                multiengine airplane training with 10 hours of
                                                                advanced instrument training.
14............................  Part 141, Appx. I, para.       Additional airplane single engine class rating at
                                 4.(j)(2)(ii).                  the commercial pilot certification level--
                                                                Proposal to replace the 10 hours of complex
                                                                airplane training with 10 hours of advanced
                                                                instrument training.
15............................  Part 141, Appx. I, para.       Additional airplane multiengine class rating at
                                 4.(k)(2)(ii).                  the commercial pilot certification level--
                                                                Proposal to replace the 10 hours of complex
                                                                multiengine airplane training with 10 hours of
                                                                advanced instrument training.
16............................  Part 141, Appx. M............  Proposal to establish a combined private pilot
                                                                certification and instrument rating course.
----------------------------------------------------------------------------------------------------------------

    The public comment period closed on November 30, 2009.

B. Summary of Comments

    The FAA received 441 comments on the NPRM. Commenters consisted of
aviation industry associations, flight schools, flight instructors, and
pilots. Most commenters expressed multiple opinions, concerns, and
suggestions, which were often repeated by others. Common areas of
concern are grouped by subject for response.

C. Changes From the NPRM to the Final Rule

    The single most significant change from the original proposal
relates to Sec.  61.58, which will require a PIC of a turbojet-powered
aircraft to receive an annual pilot proficiency check. As proposed in
the NPRM, those pilots who operated experimental jets would have
incurred the most significant costs; however, those costs were
inadvertently not included in the initial cost analysis. The language
as proposed would have required annual checks in virtually every
experimental jet for which the pilot held an authorization to operate
if the pilot intended to serve as PIC in that aircraft. Because of the
inherent nature of operating historic turbojet-powered aircraft, this
would have entailed, in some cases, debilitating expenses for the
pilot(s). Therefore, we have modified the rule by adding a paragraph to
Sec.  61.58 to exclude from the proficiency check requirement those
pilots of experimental jets that, by original design, possess only a
single seat because those aircraft cannot carry passengers. Existing
limitations to the operation of those aircraft adequately address any
other potential safety issues. Another provision, also not proposed in
the NPRM, was added to Sec.  61.58(d) to accommodate pilots of
experimental jets that, by original design or through modification,
possess more than a single seat. Pilots of those aircraft who wish to
carry passengers may use any single Sec.  61.58 proficiency check or
equivalent check taken in another turbojet-powered aircraft to exercise
the PIC privileges for all experimental jet aircraft for which the
pilot holds an authorization. This Sec.  61.58 proficiency check or
equivalent must have been accomplished in the prior 12 months. The
requirement for experimental jet pilots of multi-seat aircraft to
receive annual proficiency checks is based on the carriage of
passengers on those aircraft. Another provision was added to
accommodate pilots of multi-seat experimental jet aircraft who have not
received a proficiency check within the prior 12 months. These pilots
may continue to operate those experimental jet aircraft in accordance
with their authorizations; however, they are prohibited from carriage
of any passengers other than authorized designees, instructors, or FAA
personnel until such time as they successfully complete the proficiency
check.
    This final rule amends Sec.  61.65(a)(1) to allow a student pilot
to train concurrently for both the private pilot certificate and
instrument rating. The amendment as proposed in the NPRM had a
potential for decreasing safety and adding unnecessary economic burden
to pilots engaged in a combined course because it would have required a
student pilot to obtain 50 hours of cross-country flight time as PIC
through a series of endorsements for solo flights. The FAA has added a
new paragraph (g) to Sec.  61.65 to allow an applicant for a combined
private pilot certificate with instrument rating to credit cross-
country time performing the duties of pilot in command, when
accompanied by an instructor to satisfy a majority of the cross-country
PIC time required by Sec.  61.65(d)(1), (e)(1) and (f)(1). A similar
privilege already exists under Sec.  61.129(b)(4). The intent is to
limit this credit to no more than the 45 hours of cross-country PIC
time remaining after the student pilot has completed the 5 hours of
solo cross-country flight time required by Sec. Sec.  61.109(a)(5)(i)
for a single engine rating, 61.109(b)(5)(i) for a multiengine rating,
and 61.109(e)(5)(i) for a powered-lift rating. For a private pilot
helicopter rating, the credit for cross-country time as PIC is limited
to the 47 hours of cross-country PIC time remaining after completion of
the 3 hours of solo cross-country flight time required by Sec.
61.109(c)(4)(i). Any credit allowed under this rule is limited to those
students enrolled in a combined private pilot instrument rating course
of training that culminates in a combined practical test. If at the
conclusion of a program of combined training under this rule, the
student instead elects to take only the private pilot practical test,
then any solo cross-country time accrued while accompanied by an
instructor prior to the completion of the private pilot practical test
will not be creditable as solo PIC time.
    The FAA will not adopt the proposed amendments to replace the 10
hours of complex aeronautical experience with 10 hours of advanced
instrument training for commercial pilot applicants as required by
Sec.  61.129 and Part 141, Appendices D and I. A complete discussion of
this issue is included in this final rule under ``IV. Discussion of the
Final Rule, C. Replace Complex Airplane Aeronautical Experience with
Advanced Instrument Training.''

IV. Discussion of the Final Rule

A. Recurrent Proficiency Check for a Pilot in Command of a Single-
Piloted Turbojet-Powered Aircraft

    This rule extends the requirement for recurrent proficiency checks
to pilots operating single-piloted turbojet-powered aircraft.
    This proposal garnered a significant number of comments. The
overwhelming majority opposed the proposed rule as written. None of the
commenters expressed resistance to the

imposition of an annual proficiency check for standard category,
single-piloted turbojet-powered aircraft. Some expressed the opinion
that this proposal was appropriate for the Very Light Jet (VLJ)
community. Their concern focused exclusively on the effect that such a
rule, as proposed, would have on the owners and pilots of experimental
jets which are not type certificated aircraft.
    Commenters expressed concern in two principal areas related to
experimental jets. First, they cited the prohibitive costs of the
annual checks in each of the experimental jets that they are authorized
to operate--estimates for which ranged from $10,000 to more than
$50,000 per year. A number of commenters stated they would no longer be
able to operate due to the costs. Many commented that the FAA had not
adequately examined the anticipated cost to owners of experimental jets
before proposing this rule. The second issue that commenters expressed
concern over was the extremely limited availability of Experimental
Aircraft Examiners (EAE) to conduct the required tests. Currently, the
FAA has authorized nine EAEs that are qualified in experimental jets.
With the limited pool of EAEs, many commenters stated that it would be
physically impossible to provide the number of annual proficiency
checks that would be required.
    A small subset of those commenting on this proposed rule change
expressed approval for the proposal as applied to the VLJ community.
They stated that it would be appropriate because single-pilot
operations are more demanding since such pilots do not have a co-pilot
to share the workload and, thus, should be checked annually for
competency.
    Some commenters asked us to clarify the requirements for a Sec.
61.58 proficiency check for single-pilot operations in standard
category aircraft. Specifically, they wanted to know whether existing
annual training requirements required by most insurance companies would
qualify. The FAA believes that annual training required by insurance
companies will culminate in a proficiency check which will satisfy the
requirement for a Sec.  61.58 proficiency check if conducted in
accordance with this section, Sec.  61.58.
    One commenter requested that, in addition to the changes already
proposed, the FAA further amend Sec.  61.58 to allow the check to serve
as an acceptable means of completing the instrument proficiency check
under Sec.  61.57(d) if conducted in an airplane certified for
instrument flight rules (IFR) flight and given to the pilot holding a
type rating that does not contain the visual flight rules (VFR)
limitation ``VFR ONLY.'' We recognize that in many cases a Sec.  61.58
check may meet the requirements of a Sec.  61.57(d) check. If it does
so, then the authorized official may so endorse the pilot's training
and currency record. However, in many cases, a Sec.  61.58 check may
not cover everything required for a Sec.  61.57(d) check and therefore
would not qualify for one. The individual providing the check must make
that distinction. It is the pilot's responsibility to ensure that he or
she remains in regulatory compliance. The FAA does not believe it is
necessary to amend Sec.  61.58 as suggested by the commenter.
    Finally, one commenter suggested that the PIC proficiency check for
pilots of single-piloted turbojet-powered airplanes should be
applicable only to those who are using the aircraft for hire.
Commercial pilots of these aircraft may carry passengers or conduct
other operations for hire under certain conditions and rules. Any pilot
at the private or higher level may carry non-paying passengers on not-
for-hire flights. Their responsibility for the safety of their
passengers and their environment is no less than if they operated for
hire. Therefore, the FAA does not see any safety benefit in limiting
the proficiency checks to for-hire operations.
    The FAA has concluded, upon analysis of the comments, that the
proposed revision to Sec.  61.58 cannot work for the experimental jet
community for several reasons. The experimental jet fleet is not
standardized; even among the same make and model virtually no two are
identical although they frequently share similar handling
characteristics. Full compliance with the rule as proposed would
require a proficiency check in each individual aircraft (not just make
and model) for which the pilot holds a letter of authorization. The
costs incurred for proficiency checks in experimental jets are
extremely high due to the unique historic value and technology of the
aircraft. For example, the majority of these aircraft are historic
military jets that employ outdated technology that requires high levels
of specialized maintenance making them expensive to operate. In
addition, the vintage jet engines in most of these aircraft typically
are inefficient in fuel use as opposed to modern jet engines resulting
in additional expenses in their operation.
    The FAA believes that the operation of experimental jet aircraft
does not represent a significant hazard in the United States. There are
a limited number of aircraft in the experimental jet fleet (just over
1,200). Experimental jets are limited in both time and activity when
measured against standard category turbojet aircraft. Under current
regulations and policies, experimental jets are limited to
demonstration and exhibition flights only and are not permitted to fly
over populated areas. See Sec.  91.319; Flight Standards Information
Management System [FSIMS], Order 8900.1, Volume 5, Chapter 9, Section
2. The relatively high operating costs of these aircraft compared to
those of standard category aircraft limits their operation even
further. This combination of low numbers of aircraft, high operational
costs, and strict existing regulatory policies limits their exposure to
risk significantly. Further, unlike most standard category turbojet
aircraft, there are no alternatives to conducting proficiency check
flights in an airplane because there are presently no approved
simulators for the fleet of experimental jets. Finally, there are an
inadequate number of qualified experimental jet check pilots to conduct
the number of annual checks that would be necessary under the proposed
rule.
    Notwithstanding these considerations, the FAA firmly believes that
pilots conducting flight in turbojet-powered experimental aircraft with
more than one seat, who wish to carry a passenger, must receive annual
proficiency checks to ensure their continued understanding of the
unique operating characteristics common to turbojet-powered aircraft.
    An experimental jet aircraft that by original design or through
modification possesses more than a single seat, has the potential to
carry one or more passengers. In such a case, the pilot will be
directly responsible for those passengers. We believe these
circumstances demand a higher level of confirmation of the pilot's
ability to operate safely in a turbojet- powered aircraft. For the
reasons outlined previously, however, the FAA believes it is
impractical to implement Sec.  61.58 as published in the NPRM.
Therefore, for the purpose of meeting the regulatory intent of the
proposed rule as applied to the pilots of experimental jets, the FAA
will accept any of the following as an alternative to requiring a
proficiency check in any multi-seat experimental jet for which the
pilot holds an authorization:
    1. A single proficiency check by an EAE in any one of the
experimental jet aircraft for which the airman holds an authorization
to operate if conducted within the prior 12 months;
    2. A single proficiency check by an EAE in any experimental jet
(e.g., if a

pilot acquires a new authorization to operate an additional
experimental jet aircraft, the check for that new authorization will
meet the intent), if conducted within the prior 12 months;
    3. Maintaining qualification under an Advanced Qualification
Program (AQP) under Subpart Y of part 121;
    4. Any pilot proficiency check given in accordance with subpart K
of part 91, parts 121, 125, or 135 conducted within the prior 12 months
if conducted in a turbojet-powered aircraft;
    5. Any other Sec.  61.58 proficiency check conducted within the
prior 12 months if conducted in a turbojet-powered aircraft.
    Any one of the listed checks will apply to the PIC privileges for
all of the experimental jets for which the pilot holds an authorization
for a given 12-month period.
    A pilot of a multi-seat turbojet experimental jet aircraft who has
not received a proficiency check within the prior 12 months as outlined
here may continue to operate such aircraft in accordance with the
pilot's authorizations. However, the pilot is prohibited from carriage
of any persons in any turbojet-powered experimental jet aircraft with
the exception of individuals authorized by the Administrator to conduct
training, flight checks, or perform pilot certification functions in
such aircraft during flights specifically related to training, flight
checks, or certification.
    The FAA has determined that those experimental jet aircraft that
have only a single seat do not pose a risk to the public due to the
strict constraints placed on the pilot's authorizations and the
aircraft's inherent inability to transport anyone other than the pilot.
Therefore, this section will not apply to those pilots of experimental
jet aircraft that, through original design, possess only a single seat.
    For the reasons stated, this final rule adopts Sec.  61.58 with
modifications to accommodate pilots of experimental jets.

B. Application for and Issuance of an Instrument Rating Concurrently
With a Private Pilot Certificate

    In the NPRM, the FAA proposed to revise Sec.  61.65(a) to permit
the application for an instrument rating concurrently with a private
pilot certificate. Several commenters expressed concern that the
proposal would result in a reduction in the experience that would
otherwise be gained when a pilot completes the private pilot
certificate first and then returns later for the instrument rating.
This concern arose because Sec.  61.65(d)(1), (e)(1), and (f)(1)
require, as a prerequisite to application for an instrument rating,
that the pilot have acquired 50 hours of cross-country pilot-in-command
(PIC) time for single-engine, multiengine, or powered-lift aircraft,
respectively. Commenters believed that, if the rule were published as
proposed, the cross-country requirements would be eliminated. This
perception was inaccurate. However, upon further analysis, the FAA
recognized that those specific requirements had not been fully
addressed in the NPRM. As proposed in the NPRM, it would be possible,
although difficult, for the pilot concurrently training for the private
pilot certificate and instrument rating to acquire the required PIC
cross-country time because the pilot would hold only a student pilot
certificate. In such cases, the student pilot could acquire the
requisite 50 hours of PIC cross-country time only through a series of
individually endorsed solo flights. Under current regulations, student
pilots may log PIC time only when flying solo as the sole occupant of
the aircraft and are not permitted to carry passengers. See 14 CFR
61.89. Currently, under Sec.  61.109(a)(5)(i) (single engine), Sec.
61.109(b)(5)(i) (multiengine), and Sec.  61.109(e)(5)(i) (powered-
lift), a student pilot seeking private pilot certification is required
to complete 5 hours of solo cross-country flight. Under Sec.
61.109(c)(4)(i) a student pilot is required to complete 3 hours for the
helicopter rating. These hours qualify as PIC time since the student
pilot is the sole occupant of the aircraft. The original intent of
Sec.  61.65(d)(1), (e)(1), and (f)(1) was to have the pilot develop a
basis of experience as a certificated pilot prior to pursuing the
instrument rating. Requiring a student pilot to complete an additional
45 hours (47 hours for the helicopter rating) of cross-country solo
flight would not be in the best interest of safety. The additional
hours of cross-country solo flight would also impose significant
additional costs on the pilot.
    The FAA recognizes the value of the experience gained during cross-
country flight and does not intend to eliminate the 50-hour
requirement. We also recognize that requiring the pilot to acquire 50
hours of cross-country flight time under a series of student-pilot solo
endorsements would not enhance safety and would largely negate the
purpose of this combined training. Therefore, although not proposed in
the NPRM, a new paragraph (g) has been added to Sec.  61.65 to allow
the pilot seeking combined private pilot certification and an
instrument rating to credit up to 45 hours (47 hours for the helicopter
rating) of the required 50 hours of cross-country flight time as PIC
when the student pilot is performing the duties of pilot in command
while accompanied by an instructor. This provision is similar to the
privilege already offered under Sec.  61.129(b)(4).
    The 5 hours of solo flight, as the sole occupant of the aircraft,
required under Sec.  61.109(a)(5)(i) (single-engine), Sec.
61.109(b)(5)(i) (multiengine), and Sec.  61.109(e)(5)(i) (powered-
lift), or 3 hours of solo flight required under Sec.  61.109(c)(5)(i)
(helicopter) must still be met. The student pilot may log cross-country
PIC time toward the balance of the 50-hour requirement if the training
is conducted during cross-country flight with an instructor on board
the aircraft. This provision applies only to training conducted for a
combined private pilot certificate and instrument rating. The credit
for cross-country PIC time when accompanied by an instructor is limited
to 45 hours (47 hours for the helicopter rating) of the required 50
hours of cross-country PIC time.
    The FAA has determined that this allowance will result in a better
prepared and more competent private pilot with an instrument rating at
the conclusion of the combined training. A significant portion of the
combined training will, of necessity, have been conducted during cross-
country flight, which represents an environment more representative of
the environment in which the pilot can be expected to operate upon
completion of their training. In addition, this cross-country flight
time will be more useful to the pilot than an equivalent number of
hours of solo flight. The pilot will be directly under the supervision
of an instructor who, presumably, will better ensure that correct
habits are firmly established.
    Because there was no proposed requirement for 50 hours of cross-
country PIC time for an instrument rating under Appendix M to part 141,
this final rule adopts Appendix M to part 141 as proposed in the NPRM
with minor editorial changes. The FAA anticipates, however, that any
approved training program under part 141 will include cross-country
flight time as pilot in command due to the value of such aeronautical
experience.

C. Replace Complex Airplane Aeronautical Experience With Advanced
Instrument Training

    The NPRM proposed to replace the requirement for 10 hours of
training in a complex airplane with 10 hours of advanced instrument
training for pilots

who apply for the commercial pilot certificate. Accordingly, the FAA
proposed to amend Sec. Sec.  61.129(a)(3)(ii), 61.129(b)(3)(ii),
Appendix D to part 141 paragraphs 4.(b)(1)(ii), 4.(b)(2)(ii); Appendix
I to part 141 paragraphs 4.(a)(3)(ii), 4.(b)(2)(ii), 4.(j)(2)(ii), and
4.(k)(2)(ii). The FAA has elected not to adopt these proposed
amendments.
    The FAA received a wide variety of comments on this set of
regulatory amendments, with approximately half of the comments in favor
of implementing the changes. Some in favor of the proposals felt that
maintaining and operating complex aircraft was too costly, placing
burden on flight training providers and those seeking a commercial
pilot certificate. Another portion of supporters felt that advanced
instrument experience would be more valuable than the current complex
training requirement because the additional instrument time would
better prepare airmen for employment as commercial pilots. One
commenter expressed belief that complex training should only be
required prior to operating a complex aircraft and the current
regulation requiring a complex endorsement is sufficient. Although the
advanced instrument training need not have been conducted in a
technologically advanced aircraft, some commenters offered that these
proposals are appropriate given the technological advancements in
aircraft avionics.
    The remaining comments were either against adopting all provisions
of proposed changes or suggested that only a portion of the proposed
changes should be implemented. A number of commenters were opposed to
the removal of the 10 hours of complex training citing the potential
for an increase in gear up landing incidences. Some commenters felt
that the experience gained operating complex aircraft is essential for
safety since commercial pilots may encounter complex aircraft in their
career. One commenter suggested that a minimum number of complex
training hours be required for a complex endorsement instead of
requiring complex training for a commercial pilot applicant. Other
commenters felt that the requirement of advanced instrument training
would be redundant and would present unnecessary cost for those
individuals who already hold an instrument rating. Further, those
commercial pilots who do not have an instrument rating are already
limited in privilege by existing regulations. One commenter urged the
FAA to consider the differences between those aircraft that are
mechanically complex and those aircraft that are electronically complex
in amendments to the regulations.
    The recent enactment of the Airline Safety and Federal Aviation
Administration Extension Act of 2010 also influenced the FAA's decision
not to adopt the proposals affecting commercial pilot requirements.
Section 208 of this law directs the FAA to ``conduct rulemaking
proceedings to require part 121 air carriers to provide flight crew
members with ground training and flight training or flight simulator
training[hellip]to recognize and avoid the stall of an aircraft or, if
not avoided, to recover from the stall' and `to recognize and avoid an
upset of an aircraft or, if not avoided, to execute such techniques as
available data indicate are appropriate to recover from the upset.''
Although this section specifically addresses training for crewmembers
operating in the air carrier environment, the FAA believes that
conforming changes to the commercial pilot requirements may be prudent
and necessary in the near future.
    The FAA finds validity in the points raised through the public
comments. Additional time is necessary to analyze changes to the
regulations that were the subject of these proposals. The FAA also
feels compelled to review the commercial pilot certification
regulations alongside the requirements of Public Law 111-216.
Therefore, the FAA will not adopt the proposed amendments that replace
the 10 hours of complex training with the 10 hours of advanced
instrument training. The FAA intends to devote additional consideration
to the commercial pilot requirements and may publish a future notice of
proposed rulemaking to amend these regulations.

D. Conversion of a Foreign Pilot License to a U.S. Pilot Certificate

    This final rule amends the FAA's regulations concerning pilot
licenses to allow the conversion of a foreign pilot license to a U.S.
certificate under the provisions of a Bilateral Aviation Safety
Agreement (BASA) and Implementing Procedures for Licensing (IPL).
    On June 12, 2000, the United States and Transport Canada Civil
Aviation (TCCA) signed a BASA that permits a pilot holding certain
pilot licenses or certificates from either country to obtain a pilot
license or certificate from the other county after the pilot applicant
has met the appropriate qualifications and certification requirements.
Before executing an IPL, the BASA process requires the FAA and a
foreign civil aviation authority to first evaluate each other's pilot
licensing standards and procedures and compare them to their own to
determine what, if any, additional requirements would be necessary to
assure that the pilot is in compliance with their own standards. The
FAA and TCCA completed the conformity analysis and executed an IPL on
July 14, 2006, that establishes the procedures each country must follow
to achieve the objectives of the BASA. The FAA-Canada IPL allows
holders of FAA pilot certificates and TCCA pilot licenses to convert to
Canadian pilot licenses and U.S. pilot certificates, respectively. The
IPL currently is limited to the airplane category of aircraft at the
private, commercial, and airline transport pilot levels of licenses or
certificates. The IPL includes the following ratings or qualifications:
instrument rating, class ratings of airplane single-engine land (ASEL)
and airplane multiengine (AMEL), type ratings, and night qualification
addressed under part 61 and Canadian Aviation Regulations Part IV. The
FAA and TCCA have agreed that they may amend the IPL to allow
conversion of other licenses or certificates in the future.
    The amendment to Sec.  61.71(c) would not only provide the legal
basis for expansion of the FAA-TCCA BASA/IPL, but would also allow
similar BASA/IPL arrangements with other ICAO Contracting States, as
determined by the Administrator in the interest of safety. Therefore,
the FAA revises Sec.  61.71 to allow holders of foreign pilot licenses
to convert to U.S. pilot certificates where the U.S. Government and the
foreign government have concluded a BASA and associated IPL. The
issuance of a U.S. private pilot certificate and ratings under Sec.
61.75 is a separate pilot certification process, as is the process
described in Sec.  61.153.
    A majority of the commenters approved of this proposal. However,
several commenters suggested that holders of foreign pilot certificates
receive inferior training and were not up to the standards of pilots
trained in the United States. One commenter asked for assurance that
any country that the United States entered into a BASA with would allow
conversion of a U.S. pilot certificate to a foreign pilot license in
that country. Finally, one organization expressed concern that there
would be lack of oversight of the foreign pilot training program and
that the influx of foreign IPL certificate holders would erode the
wages, benefits, and working conditions of U.S. airline pilots, and
would have a detrimental effect on U.S. flight schools.
    As discussed above, the FAA has fully considered these issues. The
FAA

believes that countries which enter into BASA with the United States
will fully meet both the mutually agreed upon U.S. and International
Civil Aviation Organization (ICAO) standards, and that such agreements
are reciprocal. Oversight of the foreign flight training facilities has
and will continue to be the responsibility of the ICAO affiliate
nations. Additionally, the FAA does not anticipate such agreements will
interfere with the ability of U.S. flight schools to conduct business
and may, in fact, enhance their success. For many years, foreign
students have come to the United States to receive both primary and
advanced flight training, largely for economic reasons. In light of
these considerations, entering into BASA with other ICAO contracting
states will encourage pilots from those countries to seek more
economical training because their U.S. certificates may be converted to
a license issued by their national licensing authority.
    This final rule adopts 61.71(c) as proposed in the NPRM with one
editorial change to include a reference to the bilateral agreement
which is the basis for entering into an IPL with an ICAO Contracting
State.

E. Proposal To Revise the Definition of ``Complex Airplane''

    In the NPRM, the FAA proposed to revise the definition of
``complex'' airplane to include airplanes equipped with a full
authority digital engine control (FADEC) and move the definition from
Sec.  61.31(e) to Sec.  61.1(b)(3).
    The majority of commenters supported this rule. Those who
disapproved were consistent in their concern that this proposal was
over-simplifying the practical test for the commercial pilot
certificate. They expressed concern that the complex aircraft, with
propeller and other thrust controls, still existed and that
``professional pilots'' should be able to operate those aircraft. The
FAA recognizes that the technology is changing and that FADEC aircraft
are growing in availability. The FAA also recognizes that professional
pilots may never encounter the type of controls that FADEC aircraft
replace. This is particularly true for those who transition directly
from flight academies to the airlines. This proposal simply reflects
the changing duties and activities of a professional pilot.
    Several commenters misunderstood an important aspect of the
proposal and expressed concern that the proposal would require use of a
FADEC-equipped airplane for complex training, supplanting the more
conventionally-equipped light training airplane. This is not the case.
Those aircraft that were previously defined as complex will continue to
qualify for any application where a complex aircraft is required. This
amendment simply adds the option to use a FADEC-equipped airplane with
retractable landing gear and flaps for complex airplane training if the
pilot chooses to do so.
    This final rule adopts Sec. Sec.  61.31(e) and 61.1(b) as proposed
in the NPRM with clarifying changes as related to the definition of
complex seaplanes.

F. Expanded Use of Airplane With a Single Functioning Throwover Control
Wheel for Certain Kinds of Flight Training

    The amendment to Sec.  91.109 permits the use of a functioning
throwover control wheel for certain flight training that includes the
flight review required by Sec.  61.56, and the recent flight experience
and instrument proficiency check required by Sec.  61.57.
    Several commenters expressed concern over the lack of instructor
control during the training. The fact that the FAA has been issuing
exemptions to allow the use of a functioning throwover control wheel
for flight training for many years has provided demonstrated evidence
of the safety of such operations. This amendment will eliminate the
need for future exemptions for this purpose.
    One commenter who opposed the proposal stated that it was
unnecessary because it applied to a limited, aging fleet. The commenter
indicated that the current practice of issuing exemptions to allow for
the use of such aircraft for flight training is adequate. The purpose
of the amendment is to eliminate the need to issue exemptions for a
practice that has a proven record of safety. The fact that this rule
will be applicable only to a limited fleet is not relevant.
    One commenter described the discrepancy over the wording in the
NPRM, expressing that the description of the rule change did not
coincide with the verbiage in the proposed regulation. Upon review, the
FAA found validity in this comment. The NPRM indicates that the
amendments to this rule aim to parallel certain exemptions that have
been issued in the past for Sec.  91.109 (a) and (b). The final rule
has been modified to increase clarity in this regard.
    Another commenter expressed concern about obtaining the recent
flight experience required by Sec.  61.57. The commenter believed that
permitting the use of a throwover control wheel for Sec.  61.57 did not
make sense because a pilot not already meeting the recency requirements
of that section cannot legally act as PIC when a certified flight
instructor (CFI) is on board. The commenter is partially correct in
stating that a pilot whose recency has lapsed under Sec.  61.57 may not
complete the requirements of Sec.  61.57 in an airplane equipped with a
throwover control wheel because the pilot may not act as PIC. The
commenter's assertion is true if the airman had allowed a lapse in the
takeoff and landing experience requirements dictated by Sec.  61.57 (a)
and (b). An airman would, however, be allowed to obtain flight
instruction to acquire takeoffs and landings prior to such a lapse in
these experience requirements. The key concept in this example is
whether the airman is able to act as PIC and therefore meet the
requirement stipulated by Sec.  91.109 (b) (2).
    That same commenter expressed concern over the language in Sec.
91.109 that requires a flight instructor in an airplane with only a
single functioning throwover control wheel to ``have logged at least 25
hours of pilot in command flight time'' in the make and model of
airplane with a single functioning throwover control wheel involved in
the instruction. The commenter stated that the language could be
interpreted to require that the 25 hours must be flown with a single
wheel and throwover yoke. The commenter's interpretation was correct;
however, upon further review the FAA has concluded that this
requirement is unnecessarily burdensome. The requirement in the final
rule will not demand that the instructor have logged 25 hours of PIC
flight time in a make and model of an aircraft that was obtained in
aircraft having a throwover control wheel. The intent of the 25 hours
in make and model that remains in the final rule is to ensure that the
instructor has the proficiency and skill in that type of aircraft to
safely provide instruction without the benefit of direct elevator and
aileron control.
    There was also confusion expressed over whether the 25 hours must
be as acting PIC, or as logged PIC time, e.g., as the sole manipulator
or CFI providing dual instruction. The answer is yes to all. If the
CFI's flight history involved PIC time logged as a student, a pilot,
and/or a CFI in an aircraft that is of the particular make and model
involved, then that time may be applied to the 25-hour requirement. The
FAA received a similar comment expressing a request that ``model'' be
defined as ``all versions of a manufacturer's type or series in the
same class of aircraft.'' As stated previously, the 25-hour requirement
is in place to ensure that the instructor has the proficiency and skill
in that type of

aircraft to safely provide instruction. Therefore, the 25-hour
requirement in the particular make and model of airplane will remain in
the final rule.
    Based on the established safety record of these operations, the FAA
adopts Sec.  91.109(a) and (b)(3) as proposed in the NPRM with the
changes described above.

G. Exception to Requirement for Ground Training Facility When Training
Is an Online Computer-Based Training Program

    In the NPRM, the FAA proposed to except pilot schools and
provisional pilot schools from the requirement to describe each room
used for ground training when the training course is an online
computer-based training program.
    The responses to this proposal were overwhelmingly favorable. A few
commenters expressed concern over the lack of personal interaction
between the instructor and the student when receiving knowledge
training over the internet.
    The FAA fully understands the concerns that distance learning seems
counterintuitive. However, for many years, knowledge training under 14
CFR part 61 has been conducted successfully via remote learning through
the internet or home video, or even with books alone. Additionally,
colleges and universities have embraced distance learning and have
found such training to be highly effective for multiple degree
programs. Nevertheless, an endeavor such as flight training must
include personal, one-on-one training with a flight instructor.
Naturally, all actual flight training will involve such direct
interaction. The flight training will reinforce the academic knowledge
training that the student receives. Many schools already divide the
one-on-one flight training portion of the student's learning experience
from the ground-based classroom training, with different instructors
serving each capacity. This has proven to be very effective. Any
training that would be allowed in any online computer-based training
program under 14 CFR part 141 will be reviewed, approved, and overseen
by the FAA. Distance learning has been available to students training
under 14 CFR part 61 for many years. This amendment, with additional
oversight, simply extends distance learning to schools operating under
14 CFR part 141.
    Upon further review, it was found that some of the proposed text
presented in the NPRM pertained to existing regulations found in Part
141, and therefore these portions have been moved to other sections of
this Part or removed. In addition, minor editorial changes have been
made for consistency with current regulations or to reflect current
practice.
    This final rule adopts Sec. Sec.  141.45 and 141.55(c)(1) as
proposed in the NPRM with clarifying changes described above.

H. Conforming Amendments

    Since this rule amends Sec.  61.1, the rule includes conforming
amendments to Sec.  142.3 to make it consistent with the amendment to
Sec.  61.1.

Miscellaneous Issues

    One organization submitted recommendations regarding the duration,
renewal, and reinstatement requirements of flight instructor
certificates. The arguments presented were cogent, thoroughly
developed, and offered insightful observations. However, the FAA
believes that pursuing that regulatory path is beyond the scope of this
rulemaking effort and will not address those issues at this time.

V. Regulatory Notices and Analyses

Paperwork Reduction Act

    Information collection requirements associated with this final rule
have been approved previously by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), and have been assigned OMB Control Numbers 2120-0021
and 2120-0009.
    An agency may not collect or sponsor the collection of information,
nor may it impose an information collection requirement unless it
displays a currently valid Office of Management and Budget (OMB)
control number.

International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.

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

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule. Readers seeking greater detail
should read the full regulatory evaluation, a copy of which we have
placed in the docket for this rulemaking.
    In conducting these analyses, the FAA has determined that this
final rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) will have a significant
economic impact on a substantial number of small entities; (5) will not
create unnecessary obstacles to the foreign commerce of the United
States; and (6) will not impose an unfunded mandate on state, local, or
tribal governments, or on the private sector by exceeding the threshold
identified above. These analyses are summarized below.
Total Benefits and Costs of This Rule
    Over 10 years (2011 through 2020), the estimated total costs sum to
$38.4 million with $1.8 million of cost savings for a net cost of
approximately $36.6 million ($25.3 million discounted by 7% and $31.0
million discounted by 3%). Total estimated benefits over the 10 years
are approximately $96.5 million ($66.7 million discounted by 7% and
$81.8 million discounted by 3%).
Who is potentially affected by this rule?
     Pilots who act as pilot in command of single-piloted
turbojet-powered aircraft;

     Pilot Examiners who give proficiency checks in these
aircraft;
     Corporations that own these aircraft;
     Applicants for private pilot certificates who may opt to
apply for a combined private pilot certificate with instrument rating;
     Holders of foreign pilot licenses;
     Operators of aircraft with throwover control wheels;
     Providers of internet-based training under part 141; and
     Operators of complex aircraft.
    Assumptions:
    Estimates are in 2010 Dollars.
    Discount rates--7% and 3%.
    Period of analysis--2011 through 2020.
    Value of a fatality avoided--$6.0 million, value of serious
injury--$345,000, value of minor injury--$12,000.
Changes From the NPRM to the Final Rule
    The following summarizes changes from the NPRM to the final rule
that are relevant to the regulatory evaluation and differences in the
final regulatory evaluation from the initial regulatory evaluation.
    To mitigate the impact on experimental turbojet-powered aircraft
pilots and owners, the final rule allows alternative methods of
compliance for pilots of experimental jets who possess more than a
single seat and excludes from the proficiency check requirement those
pilots of experimental jets that possess a single seat and those who
are not carrying passengers or who are carrying persons authorized by
the Administrator. Pilots of experimental jets that possess more than a
single seat, either by original design, or through modification, will
be allowed to perform their annual proficiency checks in any turbojet-
powered aircraft, and will not be required to have the check in an
experimental jet, and one annual proficiency check in a turbojet-
powered aircraft will suffice. Therefore, if the pilot is type rated in
other turbojet-powered aircraft and is taking annual proficiency checks
in these aircraft that comply with Sec.  61.58, he or she will not need
an additional check to be in compliance with the final revision to
Sec.  61.58.
    However, in the NPRM regulatory evaluation, the FAA inadvertently
did not include the cost of proficiency checks for pilots of
experimental jets. The final rule regulatory evaluation includes those
costs, but the costs are significantly less than they would have been
under the more stringent requirements proposed in the NPRM.
    In the NPRM, the FAA proposed replacing the commercial pilot
certificate requirement for 10 hours of training in a complex airplane
with 10 hours of advanced instrument training. For reasons cited
previously, the FAA has elected not to adopt this proposal.
Benefits of This Rule
    The quantified benefits of this rule consist of the value of
fatalities, injuries and medical and legal expenses as the rule may
avert more than 20 accidents if an annual proficiency check is required
of pilots in command of those turbojet aircraft that are type
certificated for single pilot operation and multi-seat experimental
jets. The estimated safety benefits from flights in type certificated
turbojets are $38.3 million; and from flights in experimental jets the
estimated safety benefits are $58 million. These benefits are
associated with the revisions to Sec.  61.58.
    Non-quantified benefits include:
     Less work for pilots and aviation authorities and more
cooperation that are expected to result from the revision to Sec.
61.71 which will allow the conversion of a foreign pilot license to a
U.S. pilot certificate;
     Relieving part 141 schools from the requirements to have a
ground training facility and to meet heating, lighting, ventilation,
and location requirements for ground training space which is expected
to result from the revisions to Sec.  141.45 and Sec.  141.55.
Costs of This Rule
    Costs: Total quantifiable costs of the changes, over 10 years, sum
to approximately $38.4 million, with cost savings of approximately $1.8
million for a net cost of $36.6 million ($25.3 million discounted by 7%
and $31.0 million discounted by 3%).
    The FAA estimated $38.4 million of costs associated with the
revision to Sec.  61.58, which extended the requirement for annual
proficiency checks to pilots in command of single-piloted, turbojet-
powered aircraft with an exclusion for those pilots serving as PIC in
an experimental jet that possesses, by original design, a single seat
and those not carrying passengers. These 10 year costs are based on:
     An estimated 3,006 proficiency checks for pilots of type
certificated turbojets at an net average cost of $3,914 per check for a
total cost of $11.8 million; and
     An estimated 5,880 proficiency checks for pilots of
experimental jets at an net average cost of $4,529 per check for a
total cost of $26.6 million.
    Cost Savings: The FAA also estimated a total of $1.8 million in
cost savings associated with the revisions to Sec.  61.65 and Appendix
M to Part 141. These revisions will allow the application for and
issuance of an instrument rating concurrently with a private pilot
certificate for pilots. Pilots are expected to save money by completing
the combined course in less time and taking one exam rather than two.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions. Agencies must perform a review to determine
whether a rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.

Final Regulatory Flexibility Analysis

    Section 603 of the Act requires agencies to prepare and make
available for public comment a final regulatory flexibility analysis
(FRFA) describing the impact of final rules on small entities. Section
603 of the Act specifies the content of a FRFA. Each FRFA must contain:
     A description of the reasons why action by the agency is
being considered;
     A succinct statement of the objectives of, and legal basis
for, the final rule;
     A description of and, where feasible, an estimate of the
number of small entities to which the rule will apply;
     A description of the projected reporting, record keeping
and other compliance requirements of the final rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
     An identification, to the extent practicable, of all
relevant Federal rules which may duplicate, overlap, or conflict with
the final rule; and

     Each final regulatory flexibility analysis shall also
contain a description of any significant alternatives to the final rule
which accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the final rule on small
entities.
Reasons Why the Final Rule Is Being Promulgated
    This rulemaking is being promulgated 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.
Objectives and Legal Basis for the Rule
    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.
    A description of the small entities the rule will apply to:
    Some commenters contested the statement in the NPRM that ``pilots
are not entities, so there would not be a small entity impact with
regards to pilots.'' However, the Small Business Administration
identifies three types of small entities: small business, small
organization, and small governmental jurisdiction. Pilots are therefore
not considered small entities for purposes of the regulatory
flexibility analysis.
    However, contrary to our statement in the NPRM, the FAA believes
that this rule, by revising Sec.  61.58, will have a significant impact
on a substantial number of small entities. The revision to Sec.  61.58
may apply to small corporations that provide air transportation in type
certificated single-piloted turbojet-powered aircraft, small businesses
that participate in air shows using an experimental jet and small
businesses which provide training in multi-seat experimental jet
aircraft under an A-115 authorization.
    Other revisions that are being finalized with this rule are not
expected to have a significant impact on a substantial number of small
entities, as was described in the NPRM. The revision allowing foreign
pilot applicants to convert their foreign pilot license to a U.S. pilot
certificate will affect pilots not small entities. The revision
allowing pilot schools to use online training without requiring a
physical ground facility is cost relieving and might encourage more
schools to provide internet-based ground training, but only if the
schools believe the revenues will outweigh the costs. The revision
allowing applicants for a private pilot certificate to apply for a
combined private pilot certification and instrument rating is expected
to be cost relieving to pilots.
Projected Reporting, Recordkeeping and Other Requirements
    There are no new paperwork requirements associated with this final
rule.
Overlapping, Duplicative, or Conflicting Federal Rules
    The FAA has concluded that the final rule will not overlap,
duplicate or conflict with existing Federal Rules.
Mitigation of Higher Cost Alternatives
    The final rule is expected to have a significant impact on a
substantial number of small entities. The most likely net cost for each
Sec.  61.58 proficiency check averages $3,914 for type certificated
aircraft and $4,529 for experimental aircraft. These costs are expected
to have a significant economic impact on operators/owners of one or two
aircraft with limited revenue. The FAA however, has revised Sec.  61.58
in the final rule relative to the NPRM by adding several cost relieving
elements for experimental jet pilots. Each element can be viewed as a
cost relieving alternative. One element excludes pilots who serve as
pilot in command of an experimental jet with one seat by original
design from the requirement to complete a proficiency check. Another
element that applies to pilots of experimental aircraft will allow
proficiency checks taken in any turbojet-powered aircraft, consistent
with Sec.  61.58, to fulfill the requirement. The FAA expects this to
be cost relieving to about 60% of experimental jet pilots who are type
rated in other turbojets and who the agency thinks are already
completing proficiency checks either because of insurance requirements
or employment requirements. Also, the additions to the final rule will
relieve the experimental jet pilot from having to take a Sec.  61.58
proficiency check in every experimental jet that he or she pilots: One
proficiency check in a turbojet will be sufficient. Another cost
relieving element in the final rule that was not in the NPRM is the
addition of Sec.  61.58(e), which allows pilots of experimental jets
with more than one seat who have not taken proficiency checks to
continue to pilot an experimental jet if they do not carry passengers.
These provisions will substantially relieve costs of the NPRM
requirements.
    Although there have been changes from the NPRM to the final rule to
mitigate possible costs, the rule will still have a significant
economic impact on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule and determined that it
ensures the safety of the American public. As a result, this rule is
not considered as creating an unnecessary obstacle to foreign commerce.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of

$143.1 million in lieu of $100 million. This final rule does not
contain such a mandate; therefore, the requirements of Title II of the
Act do not apply.

Executive Order 13132, Federalism

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

Environmental Analysis

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

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

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

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the notice, amendment, or docket number of this
rulemaking.
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 61

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

14 CFR Part 91

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

14 CFR Part 141

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

14 CFR Part 142

    Administrative practice and procedure, Airmen, Educational
facilities, Reporting and recordkeeping requirements, Schools,
Teachers.

The Amendment

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

PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS

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

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

0
2. Amend Sec.  61.1 as follows:
0
a. Redesignating paragraphs (b)(3) through (18) as paragraphs (b)(4)
through (19) respectively;
0
b. Add new paragraph (b)(3); and
0
c. Amend newly redesignated (b)(4)(i) introductory text by removing the
phrase ``(b)(3)(ii) through (b)(3)(vi)'' and adding the phrase
``(b)(4)(ii) through (b)(4)(vi)'' in its place.
    The addition reads as follows:

Sec.  61.1  Applicability and definitions.

* * * * *
    (b) * * *
    (3) Complex airplane means an airplane that has a retractable
landing gear, flaps, and a controllable pitch propeller, including
airplanes equipped with an engine control system consisting of a
digital computer and associated accessories for controlling the engine
and propeller, such as a full authority digital engine control; or, in
the case of a seaplane, flaps and a controllable pitch propeller,
including seaplanes equipped with an engine control system consisting
of a digital computer and associated accessories for controlling the
engine and propeller, such as a full authority digital engine control.
* * * * *

0
3. Amend Sec.  61.31 by revising paragraph (e)(1) introductory text to
read as follows:

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

* * * * *
    (e) * * *
    (1) Except as provided in paragraph (e)(2) of this section, no
person may act as pilot in command of a complex airplane, unless the
person has--
* * * * *

0
4. Amend Sec.  61.51 by revising paragraph (b)(1)(v) to read as
follows:

Sec.  61.51  Pilot logbooks.

* * * * *
    (b) * * *
    (v) The name of a safety pilot, if required by Sec.  91.109 of this
chapter.
* * * * *

0
5. Amend Sec.  61.55 by revising paragraph (f)(4) to read as follows:

Sec.  61.55  Second-in-command qualifications.

* * * * *
    (f) * * *
    (4) Designated as a safety pilot for purposes required by Sec.
91.109 of this chapter.
* * * * *

0
6. Amend Sec.  61.58 as follows:
0
a. Revise the section heading and paragraphs (a) and (d)(1) through
(4);
0
b. Add paragraph (d)(5);
0
c. Redesignate paragraphs (e) through (g) as paragraphs (g) through
(i), respectively;
0
d. Add new paragraphs (e) and (f);
0
e. Amend newly redesignated paragraph (g) introductory text by removing
the phrase ``paragraphs (d)(1) through (d)(4)'' and adding in its place
the phrase ``paragraphs (d)(1) through (5)'':
0
f. Amend newly redesignated paragraph (g)(1) introductory text by
removing the phrase ``paragraphs (e)(2) and (e)(3)'' and adding in its
place the phrase ``paragraphs (g)(2) and (3)'';
0
g. Amend newly redesignated paragraph (g)(2) introductory text by
removing the phrase ``paragraph (e)'' and adding in its place the
phrase ``paragraph (g)''; and
0
h. Amend newly redesignated paragraph (g)(3) introductory text by
removing the phrase ``paragraph (e)'' and adding in its place the
phrase ``paragraph (g)''.
    The revisions and additions read as follows:

Sec.  61.58  Pilot-in-command proficiency check: Operation of an
aircraft that requires more than one pilot flight crewmember or is
turbojet-powered.

    (a) Except as otherwise provided in this section, to serve as pilot
in command of an aircraft that is type certificated for more than one
required pilot flight crewmember or is turbojet-powered, a person
must--
    (1) Within the preceding 12 calendar months, complete a pilot-in-
command proficiency check in an aircraft that is type certificated for
more than one required pilot flight crewmember or is turbojet-powered;
and
    (2) Within the preceding 24 calendar months, complete a pilot-in-
command proficiency check in the particular type of aircraft in which
that person will serve as pilot in command, that is type certificated
for more than one required pilot flight crewmember or is turbojet-
powered.
* * * * *
    (d) * * *
    (1) A pilot-in-command proficiency check conducted by a person
authorized by the Administrator, consisting of the aeronautical
knowledge areas, areas of operations, and tasks required for a type
rating, in an aircraft that is type certificated for more than one
pilot flight crewmember or is turbojet-powered;
    (2) The practical test required for a type rating, in an aircraft
that is type certificated for more than one required pilot flight
crewmember or is turbojet-powered;
    (3) The initial or periodic practical test required for the
issuance of a pilot examiner or check airman designation, in an
aircraft that is type certificated for more than one required pilot
flight crewmember or is turbojet-powered;
    (4) A pilot proficiency check administered by a U.S. Armed Force
that qualifies the military pilot for pilot-in-command designation with
instrument privileges, and was performed in a military aircraft that
the military requires to be operated by more than one pilot flight
crewmember or is turbojet-powered;
    (5) For a pilot authorized by the Administrator to operate an
experimental turbojet-powered aircraft that possesses, by original
design or through modification, more than a single seat, the required
proficiency check for all of the experimental turbojet-powered aircraft
for which the pilot holds an authorization may be accomplished by
completing any one of the following:
    (i) A single proficiency check, conducted by an examiner authorized
by the Administrator, in any one of the experimental turbojet-powered
aircraft for which the airman holds an authorization to operate if
conducted within the prior 12 months;
    (ii) A single proficiency check, conducted by an examiner
authorized by the Administrator, in any experimental turbojet-powered
aircraft (e.g., if a pilot acquires a new authorization to operate an
additional experimental turbojet-powered aircraft, the check for that
new authorization will meet the intent), if conducted within the prior
12 months;
    (iii) Current qualification under an Advanced Qualification Program
(AQP) under subpart Y of part 121 of this chapter;
    (iv) Any proficiency check conducted under subpart K of part 91,
part 121, or part 135 of this chapter within the prior 12 months if
conducted in a turbojet-powered aircraft; or
    (v) Any other Sec.  61.58 proficiency check conducted within the
prior 12 months if conducted in a turbojet-powered aircraft.
    (e) The pilot of a multi-seat experimental turbojet-powered
aircraft who has not received a proficiency check within the prior 12
months in accordance with this section may continue to operate such
aircraft in accordance with the pilot's authorizations. However, the
pilot is prohibited from carriage of any persons in any experimental
turbojet-powered aircraft with the exception of those individuals
authorized by the Administrator to conduct training, conduct flight
checks, or perform pilot certification functions in such aircraft, and
only during flights specifically related to training, flight checks, or
certification in such aircraft.
    (f) This section will not apply to a pilot authorized by the
Administrator to serve as pilot in command in experimental turbojet-
powered aircraft that possesses, by original design, a single seat,
when operating such single-seat aircraft.
* * * * *

0
7. Amend Sec.  61.65 as follows:
0
a. Revise paragraphs (a)(1), (d)(1), (e)(1), and (f)(1);
0
b. Redesignate paragraphs (g) and (h) as paragraphs (h) and (i);
0
c. Add new paragraph (g).
    The revisions and additions read as follows:

Sec.  61.65  Instrument rating requirements.

    (a) * * *
    (1) Hold at least a current private pilot certificate, or be
concurrently applying for a private pilot certificate, with an
airplane, helicopter, or powered-lift rating appropriate to the
instrument rating sought;
* * * * *
    (d) * * *
    (1) Except as provided in paragraph (g) of this section, 50 hours
of cross-country flight time as pilot in command, of which 10 hours
must have been in an airplane; and
* * * * *
    (e) * * *
    (1) Except as provided in paragraph (g) of this section, 50 hours
of cross-country flight time as pilot in command, of which 10 hours
must have been in a helicopter; and
* * * * *
    (f) * * *
    (1) Except as provided in paragraph (g) of this section, 50 hours
of cross-country flight time as pilot in command, of which 10 hours
must have been in a powered-lift; and
* * * * *
    (g) An applicant for a combined private pilot certificate with an
instrument rating may satisfy the cross-country flight time
requirements of this section by crediting:

    (1) For an instrument-airplane rating or an instrument-powered-lift
rating, up to 45 hours of cross-country flight time performing the
duties of pilot in command with an authorized instructor; or
    (2) For an instrument-helicopter rating, up to 47 hours of cross-
country flight time performing the duties of pilot in command with an
authorized instructor.
* * * * *

0
8. Amend Sec.  61.71 by adding paragraph (c) to read as follows:

Sec.  61.71  Graduates of an approved training program other than under
this part: Special rules.

* * * * *
    (c) A person who holds a foreign pilot license and is applying for
an equivalent U.S. pilot certificate on the basis of a Bilateral
Aviation Safety Agreement and associated Implementation Procedures for
Licensing is considered to have met the applicable aeronautical
experience, aeronautical knowledge, and areas of operation requirements
of this part.

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

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

0
10. Amend SFAR No. 108 by revising paragraph (b)(3) of section 2 to
read as follows:

Special Federal Aviation Regulation No. 108--Mitsubishi MU-28 Series
Special Training, Experience, and Operating Requirements

* * * * *
    2. * * *
    (b) * * *
    (3) The pilot-in-command is conducting a simulated instrument
flight and is using a safety pilot other than the pilot-in-command
who manipulates the controls for the purposes of 14 CFR 91.109, and
no passengers or cargo are carried on board the airplane.
* * * * *

0
11. Amend Sec.  91.109 as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Redesignating paragraphs (b) and (c) as paragraphs (c) and (d),
respectively;
0
c. Add new paragraph (b).
    The revision and addition read as follows:

Sec.  91.109  Flight instruction; simulated instrument flight and
certain flight tests.

    (a) No person may operate a civil aircraft (except a manned free
balloon) that is being used for flight instruction unless that aircraft
has fully functioning dual controls. However, instrument flight
instruction may be given in an airplane that is equipped with a single,
functioning throwover control wheel that controls the elevator and
ailerons, in place of fixed, dual controls, when--
* * * * *
    (b) An airplane equipped with a single, functioning throwover
control wheel that controls the elevator and ailerons, in place of
fixed, dual controls may be used for flight instruction to conduct a
flight review required by Sec.  61.56 of this chapter, or to obtain
recent flight experience or an instrument proficiency check required by
Sec.  61.57 when--
    (1) The airplane is equipped with operable rudder pedals at both
pilot stations;
    (2) The pilot manipulating the controls is qualified to serve and
serves as pilot in command during the entire flight;
    (3) The instructor is current and qualified to serve as pilot in
command of the airplane, meets the requirements of Sec.  61.195(b), and
has logged at least 25 hours of pilot-in-command flight time in the
make and model of airplane; and
    (4) The pilot in command and the instructor have determined the
flight can be conducted safely.
* * * * *

PART 141--PILOT SCHOOLS

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

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

0
13. Revise Sec.  141.45 to read as follows:

Sec.  141.45  Ground training facilities.

    An applicant for a pilot school or provisional pilot school
certificate must show that:
    (a) Except as provided in paragraph (c) of this section, each room,
training booth, or other space used for instructional purposes is
heated, lighted, and ventilated to conform to local building,
sanitation, and health codes.
    (b) Except as provided in paragraph (c) of this section, the
training facility is so located that the students in that facility are
not distracted by the training conducted in other rooms, or by flight
and maintenance operations on the airport.
    (c) If a training course is conducted through an internet-based
medium, the holder of a pilot school certificate or provisional pilot
school certificate that provides such training need not comply with
paragraphs (a) and (b) of this section but must maintain in current
status a permanent business location and business telephone number.

0
14. Amend Sec.  141.53 by adding paragraph (d) to read as follows:

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

* * * * *
    (d) Additional rules for internet based training courses. An
application for an initial or amended training course offered through
an internet based medium must comply with the following:
    (1) All amendments must be identified numerically by page, date,
and screen. Minor editorial and typographical changes do not require
FAA approval, provided the school notifies the FAA within 30 days of
their insertion.
    (2) For monitoring purposes, the school must provide the FAA an
acceptable means to log-in and log-off from a remote location to review
all elements of the course as viewed by attendees and to by-pass the
normal attendee restrictions.
    (3) The school must incorporate adequate security measures into its
internet-based courseware information system and into its operating and
maintenance procedures to ensure the following fundamental areas of
security and protection:
    (i) Integrity.
    (ii) Identification/Authentication.
    (iii) Confidentiality.
    (iv) Availability.
    (v) Access control.

0
15. Amend Sec.  141.55 by revising paragraph (c)(1) to read as follows:

Sec.  141.55  Training course: Contents.

* * * * *
    (c) * * *
    (1) A description of each room used for ground training, including
the room's size and the maximum number of students that may be trained
in the room at one time, unless the course is provided via an internet-
based training medium;
* * * * *

0
16. Amend Sec.  141.93 by revising paragraph (a)(3) introductory text
to read as follows:

Sec.  141.93  Enrollment.

    (a) * * *
    (3) Except for a training course offered through an internet based
medium, a

copy of the safety procedures and practices developed by the school
that describe the use of the school's facilities and the operation of
its aircraft. Those procedures and practices shall include training on
at least the following information--
* * * * *

0
17. Amend Sec.  141.95 by adding paragraph (b)(8) to read as follows:

Sec.  141.95  Graduation Certificate.

* * * * *
    (b) * * *
    (8) Certificates issued upon graduating from a course based on
internet media must be uniquely identified using an alphanumeric code
that is specific to the student graduating from that course.

0
18. Amend Sec.  141.101 by revising paragraph (a)(3) to read as
follows:

Sec.  141.101  Training records.

    (a) * * *
    (3) The date the student graduated, terminated training, or
transferred to another school. In the case of graduation from a course
based on internet media, the school must maintain the identifying
graduation certificate code required by Sec.  141.95(b)(8).
* * * * *

0
19. Add new Appendix M to Part 141 to read as follows:

Appendix M to Part 141--Combined Private Pilot Certification and
Instrument Rating Course

    1. Applicability. This appendix prescribes the minimum
curriculum for a combined private pilot certification and instrument
rating course required under this part, for the following ratings:
    (a) Airplane.
    (1) Airplane single-engine.
    (2) Airplane multiengine.
    (b) Rotorcraft helicopter.
    (c) Powered-lift.
    2. Eligibility for enrollment. A person must hold a sport pilot,
recreational, or student pilot certificate prior to enrolling in the
flight portion of a combined private pilot certification and
instrument rating course.
    3. Aeronautical knowledge training.
    (a) Each approved course must include at least 65 hours of
ground training on the aeronautical knowledge areas listed in
paragraph (b) of this section that are appropriate to the aircraft
category and class rating of the course:
    (b) Ground training must include the following aeronautical
knowledge areas:
    (1) Applicable Federal Aviation Regulations for private pilot
privileges, limitations, flight operations, and instrument flight
rules (IFR) flight operations.
    (2) Accident reporting requirements of the National
Transportation Safety Board.
    (3) Applicable subjects of the ``Aeronautical Information
Manual'' and the appropriate FAA advisory circulars.
    (4) Aeronautical charts for visual flight rules (VFR) navigation
using pilotage, dead reckoning, and navigation systems.
    (5) Radio communication procedures.
    (6) Recognition of critical weather situations from the ground
and in flight, windshear avoidance, and the procurement and use of
aeronautical weather reports and forecasts.
    (7) Safe and efficient operation of aircraft under instrument
flight rules and conditions.
    (8) Collision avoidance and recognition and avoidance of wake
turbulence.
    (9) Effects of density altitude on takeoff and climb
performance.
    (10) Weight and balance computations.
    (11) Principles of aerodynamics, powerplants, and aircraft
systems.
    (12) If the course of training is for an airplane category,
stall awareness, spin entry, spins, and spin recovery techniques.
    (13) Air traffic control system and procedures for instrument
flight operations.
    (14) IFR navigation and approaches by use of navigation systems.
    (15) Use of IFR en route and instrument approach procedure
charts.
    (16) Aeronautical decision making and judgment.
    (17) Preflight action that includes--
    (i) How to obtain information on runway lengths at airports of
intended use, data on takeoff and landing distances, weather reports
and forecasts, and fuel requirements.
    (ii) How to plan for alternatives if the planned flight cannot
be completed or delays are encountered.
    (iii) Procurement and use of aviation weather reports and
forecasts, and the elements of forecasting weather trends on the
basis of that information and personal observation of weather
conditions.
    4. Flight training.
    (a) Each approved course must include at least 70 hours of
training, as described in section 4 and section 5 of this appendix,
on the approved areas of operation listed in paragraph (d) of
section 4 of this appendix that are appropriate to the aircraft
category and class rating of the course:
    (b) Each approved course must include at least the following
flight training:
    (1) For an airplane single engine course: 70 hours of flight
training from an authorized instructor on the approved areas of
operation in paragraph (d)(1) of this section that includes at
least--
    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours
of cross-country flight training in a single engine airplane.
    (ii) 3 hours of night flight training in a single-engine
airplane that includes--
    (A) One cross-country flight of more than 100 nautical miles
total distance.
    (B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
    (iii) 35 hours of instrument flight training in a single-engine
airplane that includes at least one cross-country flight that is
performed under IFR and--
    (A) Is a distance of at least 250 nautical miles along airways
or air traffic control-directed (ATC-directed) routing with one
segment of the flight consisting of at least a straight-line
distance of 100 nautical miles between airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of
navigation systems.
    (iv) 3 hours of flight training in a single-engine airplane in
preparation for the practical test within 60 days preceding the date
of the test.
    (2) For an airplane multiengine course: 70 hours of training
from an authorized instructor on the approved areas of operation in
paragraph (d)(2) of this section that includes at least--
    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours
of cross-country flight training in a multiengine airplane.
    (ii) 3 hours of night flight training in a multiengine airplane
that includes--
    (A) One cross-country flight of more than 100 nautical miles
total distance.
    (B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
    (iii) 35 hours of instrument flight training in a multiengine
airplane that includes at least one cross-country flight that is
performed under IFR and--
    (A) Is a distance of at least 250 nautical miles along airways
or ATC-directed routing with one segment of the flight consisting of
at least a straight-line distance of 100 nautical miles between
airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of
navigation systems.
    (iv) 3 hours of flight training in a multiengine airplane in
preparation for the practical test within 60 days preceding the date
of the test.
    (3) For a rotorcraft helicopter course: 70 hours of training
from an authorized instructor on the approved areas of operation in
paragraph (d)(3) of this section that includes at least--
    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours
of cross-country flight training in a helicopter.
    (ii) 3 hours of night flight training in a helicopter that
includes--
    (A) One cross-country flight of more than 50 nautical miles
total distance.
    (B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
    (iii) 35 hours of instrument flight training in a helicopter
that includes at least one cross-country flight that is performed
under IFR and--
    (A) Is a distance of at least 100 nautical miles along airways
or ATC-directed routing with one segment of the flight consisting of
at least a straight-line distance of 50 nautical miles between
airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of
navigation systems.
    (iv) 3 hours of flight training in a helicopter in preparation
for the practical test within 60 days preceding the date of the
test.
    (4) For a powered-lift course: 70 hours of training from an
authorized instructor on the

approved areas of operation in paragraph (d)(4) of this section that
includes at least--
    (i) Except as provided in Sec.  61.111 of this chapter, 3 hours
of cross-country flight training in a powered-lift.
    (ii) 3 hours of night flight training in a powered-lift that
includes--
    (A) One cross-country flight of more than 100 nautical miles
total distance.
    (B) 10 takeoffs and 10 landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport.
    (iii) 35 hours of instrument flight training in a powered-lift
that includes at least one cross-country flight that is performed
under IFR and--
    (A) Is a distance of at least 250 nautical miles along airways
or ATC-directed routing with one segment of the flight consisting of
at least a straight-line distance of 100 nautical miles between
airports.
    (B) Involves an instrument approach at each airport.
    (C) Involves three different kinds of approaches with the use of
navigation systems.
    (iv) 3 hours of flight training in a powered-lift in preparation
for the practical test, within 60 days preceding the date of the
test.
    (c) For use of flight simulators or flight training devices:
    (1) The course may include training in a combination of flight
simulators, flight training devices, and aviation training device,
provided it is representative of the aircraft for which the course
is approved, meets the requirements of this section, and the
training is given by an authorized instructor.
    (2) Training in a flight simulator that meets the requirements
of Sec.  141.41(a) of this part may be credited for a maximum of 35
percent of the total flight training hour requirements of the
approved course, or of this section, whichever is less.
    (3) Training in a flight training device or aviation training
device that meets the requirements of Sec.  141.41(b) of this part
may be credited for a maximum of 25 percent of the total flight
training hour requirements of the approved course, or of this
section, whichever is less.
    (4) Training in a combination of flight simulators, flight
training devices, or aviation training devices, described in
paragraphs (c)(2) and (c)(3) of this section, may be credited for a
maximum of 35 percent of the total flight training hour requirements
of the approved course, or of this section, whichever is less.
However, credit for training in a flight training device and
aviation training device, that meets the requirements of Sec.
141.41(b), cannot exceed the limitation provided for in paragraph
(c)(3) of this section.
    (d) Each approved course must include the flight training on the
approved areas of operation listed in this section that are
appropriate to the aircraft category and class rating course--
    (1) For a combined private pilot certification and instrument
rating course involving a single-engine airplane:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and seaplane base operations.
    (iv) Takeoffs, landings, and go-arounds.
    (v) Performance maneuvers.
    (vi) Ground reference maneuvers.
    (vii) Navigation and navigation systems.
    (viii) Slow flight and stalls.
    (ix) Basic instrument maneuvers and flight by reference to
instruments.
    (x) Instrument approach procedures.
    (xi) Air traffic control clearances and procedures.
    (xii) Emergency operations.
    (xiii) Night operations.
    (xiv) Postflight procedures.
    (2) For a combined private pilot certification and instrument
rating course involving a multiengine airplane:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and seaplane base operations.
    (iv) Takeoffs, landings, and go-arounds.
    (v) Performance maneuvers.
    (vi) Ground reference maneuvers.
    (vii) Navigation and navigation systems.
    (viii) Slow flight and stalls.
    (ix) Basic instrument maneuvers and flight by reference to
instruments.
    (x) Instrument approach procedures.
    (xi) Air traffic control clearances and procedures.
    (xii) Emergency operations.
    (xiii) Multiengine operations.
    (xiv) Night operations.
    (xv) Postflight procedures.
    (3) For a combined private pilot certification and instrument
rating course involving a rotorcraft helicopter:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and heliport operations.
    (iv) Hovering maneuvers.
    (v) Takeoffs, landings, and go-arounds.
    (vi) Performance maneuvers.
    (vii) Navigation and navigation systems.
    (viii) Basic instrument maneuvers and flight by reference to
instruments.
    (ix) Instrument approach procedures.
    (x) Air traffic control clearances and procedures.
    (xi) Emergency operations.
    (xii) Night operations.
    (xiii) Postflight procedures.
    (4) For a combined private pilot certification and instrument
rating course involving a powered-lift:
    (i) Preflight preparation.
    (ii) Preflight procedures.
    (iii) Airport and heliport operations.
    (iv) Hovering maneuvers.
    (v) Takeoffs, landings, and go-arounds.
    (vi) Performance maneuvers.
    (vii) Ground reference maneuvers.
    (viii) Navigation and navigation systems.
    (ix) Slow flight and stalls.
    (x) Basic instrument maneuvers and flight by reference to
instruments.
    (xi) Instrument approach procedures.
    (xii) Air traffic control clearances and procedures.
    (xiii) Emergency operations.
    (xiv) Night operations.
    (xv) Postflight procedures.
    5. Solo flight training. Each approved course must include at
least the following solo flight training:
    (a) For a combined private pilot certification and instrument
rating course involving an airplane single engine: Five hours of
flying solo in a single-engine airplane on the appropriate areas of
operation in paragraph (d)(1) of section 4 of this appendix that
includes at least--
    (1) One solo cross-country flight of at least 100 nautical miles
with landings at a minimum of three points, and one segment of the
flight consisting of a straight-line distance of at least 50
nautical miles between the takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
    (b) For a combined private pilot certification and instrument
rating course involving an airplane multiengine: Five hours of
flying solo in a multiengine airplane or 5 hours of performing the
duties of a pilot in command while under the supervision of an
authorized instructor. The training must consist of the appropriate
areas of operation in paragraph (d)(2) of section 4 of this
appendix, and include at least--
    (1) One cross-country flight of at least 100 nautical miles with
landings at a minimum of three points, and one segment of the flight
consisting of a straight-line distance of at least 50 nautical miles
between the takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
    (c) For a combined private pilot certification and instrument
rating course involving a helicopter: Five hours of flying solo in a
helicopter on the appropriate areas of operation in paragraph (d)(3)
of section 4 of this appendix that includes at least--
    (1) One solo cross-country flight of more than 50 nautical miles
with landings at a minimum of three points, and one segment of the
flight consisting of a straight-line distance of at least 25
nautical miles between the takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
    (d) For a combined private pilot certification and instrument
rating course involving a powered-lift: Five hours of flying solo in
a powered-lift on the appropriate areas of operation in paragraph
(d)(4) of section 4 of this appendix that includes at least--
    (1) One solo cross-country flight of at least 100 nautical miles
with landings at a minimum of three points, and one segment of the
flight consisting of a straight-line distance of at least 50
nautical miles between the takeoff and landing locations.
    (2) Three takeoffs and three landings to a full stop (with each
landing involving a flight in the traffic pattern) at an airport
with an operating control tower.
    6. Stage checks and end-of-course tests.
    (a) Each student enrolled in a private pilot course must
satisfactorily accomplish the stage checks and end-of-course tests
in accordance with the school's approved training course that
consists of the approved areas of operation listed in paragraph (d)
of section 4 of this appendix that are

appropriate to the aircraft category and class rating for which the
course applies.
    (b) Each student must demonstrate satisfactory proficiency prior
to receiving an endorsement to operate an aircraft in solo flight.

PART 142--TRAINING CENTERS

0
20. The authority citation for 14 CFR part 142 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703,
44705, 44707, 44709-44711, 45102-45103, 45301-45302.

0
21. Amend Sec.  142.3 by revising the definition of Flight training
equipment to read as follows:

Sec.  142.3  Definitions.

* * * * *
    Flight training equipment means flight simulators, as defined in
Sec.  61.1(b)(6) of this chapter, flight training devices, as defined
in Sec.  61.1(b)(8) of this chapter, and aircraft.
* * * * *

    Issued in Washington, DC, on August 19, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-22308 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-13-P