[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Rules and Regulations]
[Page 50883-50885]
[DOCID:fr29au08-5]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 240

Qualification and Certification of Locomotive Engineers

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Interpretation.

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SUMMARY: FRA is issuing this notice of interpretation to inform
interested parties of its application and enforcement of the
requirements for each railroad responsible for controlling joint
operations territory to maintain a list of person(s) certified as a
qualified locomotive engineer for the purposes of the joint operations.
FRA has discovered that a number of controlling railroads are not
maintaining accurate lists primarily because foreign railroads are not
providing the controlling railroads with accurate information and the
controlling railroads are not demanding it. If an accurate list is not
maintained, a controlling railroad has little chance of preventing an
uncertified or unqualified person from operating a locomotive or train
in the joint operations territory. This document is intended to inform
interested parties of what information is required to be maintained on
the required list and provides information as to how often the listings
should be updated.

ADDRESSES: You may submit comments to Douglas Taylor, Staff Director,
Operating Practices Division, or John Conklin, Program Manager
Locomotive Engineer Certification, FRA Office of Safety Assurance and
Compliance, by facsimile<PHONE_NUMBER>) or e-mail
<EMAIL_ADDRESS>or (john.conklin@dot.gov). Comments may also
be submitted to Alan Nagler, FRA Office of Chief Counsel, by facsimile
(202-493-6068) or e-mail (alan.nagler@dot.gov).

FOR FURTHER INFORMATION CONTACT: Douglas H. Taylor, Staff Director,
Operating Practices Division, Office of Safety Assurance and
Compliance, FRA, 1200 New Jersey Avenue, SE., RRS-11, Mail Stop 25,
Washington, DC 20590 (telephone<PHONE_NUMBER>); John Conklin, Program
Manager Locomotive Engineer Certification, Office of Safety Assurance
and Compliance, FRA, 1200 New Jersey Avenue, SE., RRS-11, Mail Stop 25,
Washington, DC 20590 (telephone<PHONE_NUMBER>); or Alan H. Nagler,
Senior Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey
Avenue, SE., RCC-11, Mail Stop 10, Washington, DC 20590 (telephone 202-
493-6038).

SUPPLEMENTARY INFORMATION:

I. General Background

    In 1991, FRA published a final rule requiring each railroad to
qualify and certify each person the railroad would allow to operate a
locomotive or train over its system. See 56 FR 28228. The final rule
also required a railroad to maintain written listings identifying each
person designated by it as: (i) A supervisor of locomotive engineers,
(ii) a certified locomotive engineer, and (iii) a certified and
qualified locomotive engineer for the purposes of joint operations. See
49 CFR 240.221(a) through (c). For each certified engineer, the listing
is required to indicate the class of service the railroad determines
the person is qualified to perform and the date of the railroad's
certification decision. The rule specifies that the listing required by
paragraphs (a), (b), and (c) shall be updated at least annually and
that a railroad may obtain approval from FRA to maintain the listing
electronically. See Sec.  240.221(d) and (f). The rule also specifies
where these records are required to be kept so that FRA may inspect and
copy them during regular business hours. The requirements found in
Sec.  240.221 have not been amended since they became effective on
September 17, 1991.
    Overall, the industry is in substantial compliance with the
requirements for identification of qualified persons under Sec.
240.221. FRA has not noticed significant non-compliance with
maintaining the lists required for a railroad's own employees, i.e.,
its own supervisors of locomotive engineers or its own certified
locomotive engineers. Again, for its own employees, most railroads
periodically update the listing with all the required information ``so
that it retains its usefulness'' which FRA described as the goal of the
listing in the section-by-section analysis when the rule was published.
See 56 FR at 28249.
    The purpose of this document is to address issues related to
maintaining the listing of those locomotive engineers employed by other
railroads (foreign locomotive engineers) that have been designated as
certified and qualified for the purposes of joint operations pursuant
to Sec.  240.221(c). Several railroads that have been found not
properly maintaining a listing of foreign locomotive engineers
certified and qualified for joint operations have taken some
affirmative actions to come into compliance. However, the number of
railroads in partial non-compliance is sufficiently wide-spread that
FRA believes that clarification of the

regulatory requirements is necessary to ensure even greater industry-
wide compliance.
    Unless a foreign locomotive engineer solely operates in the joint
operation with a certified pilot or the regulatory requirements for
``minimal joint operations'' exist, the foreign locomotive engineer is
required to be certified and qualified for purposes of the joint
operations and is required to be on the listing required by Sec.
240.221(c). See Sec.  240.229(a), (e) and (f). Even though the foreign
locomotive engineer is not employed by the controlling railroad, the
controlling railroad is required to determine that the person is
certified and qualified for purposes of the joint operations. See Sec.
240.229(a). The controlling railroad must choose between certifying and
qualifying the person directly, or indirectly relying on the
certification issued by another railroad under certain specific
conditions. See Sec.  240.229(b) and (c). FRA has previously provided
guidance regarding steps a controlling railroad can take to ensure that
any foreign locomotive engineers operating over its lines are properly
trained for those joint operations if the controlling railroad would
like to rely on the certification issued by another railroad. The
guidance intimates that blind acceptance of a foreign railroad's list
of qualified engineers does not satisfy the intent of the regulation
that permits a controlling railroad to indirectly certify and qualify a
foreign railroads locomotive engineers. See Technical Bulletin OP-2000-
01, redesignated as Technical Bulletin OP-04-21 (February 3, 2004)
available on FRA's Web site at http://www.fra.dot.gov) After a person
is certified and qualified for purposes of the joint operations, the
controlling railroad must choose between issuing its own certificate to
the foreign locomotive engineer or noting its ``supplemental
certificate decision'' on the employing railroad's ``original
certificate.'' See Sec.  240.229(a) and (d).

II. Controlling Railroad's Responsibility To Maintain an Accurate
Listing

A. What are the options for a controlling railroad?

    A controlling railroad that directly certifies and qualifies
foreign locomotive engineers is likely to be in compliance with
maintaining the required listing because it controls the information
that is needed to maintain the list under Sec.  240.221(c). Controlling
railroads that choose to directly certify and qualify foreign
locomotive engineers are typically short line or regional railroads
with either a small number of foreign locomotive engineers or with
limited joint operations. Railroads that choose to directly certify and
qualify are able to maintain greater control over who is allowed to
operate over the railroad's system.
    In contrast, a controlling railroad that indirectly certifies and
qualifies foreign locomotive engineers is reliant on the foreign
railroad to provide accurate and complete information. It is standard
practice on the major railroads to indirectly certify and qualify
foreign locomotive engineers. Controlling railroads that choose to
indirectly certify and qualify are willing to relinquish some control
over who is allowed to operate over the railroad's system. Despite
being reliant on another railroad for information about foreign
locomotive engineers, a controlling railroad is obligated to maintain
the required listing. Thus, the controlling railroad must ensure and
demand that accurate and complete information is provided from foreign
railroads that engage in joint operations.

B. Why is an interpretation necessary?

    FRA has not previously issued any specific written guidance on how
to comply with the requirements related to maintaining accurate lists
of qualified and certified locomotive engineers contained in Sec.
240.221. FRA acknowledges that its personnel may have incorrectly
instructed some controlling railroads that compliance was achieved when
it accepted a complete list of each engineer certified by a foreign
railroad even though the list failed to indicate which engineers were
certified and qualified to operate in the joint operations territory.
In order to ensure a consistent, nation-wide policy, we are publishing
this notice of interpretation to clarify the agency's position.

C. What is FRA's interpretation?

    FRA's interprets Sec.  240.221(c) as requiring the controlling
railroad to maintain a list that specifically identifies each foreign
railroad locomotive engineer that is deemed certified and qualified to
operate over the joint operation. Thus, it is unacceptable for a
foreign railroad to simply provide a list of all its certified
engineers without distinguishing which engineers are certified and
qualified in the joint operations. Section 240.221(c) does not require
that the listing kept by a controlling railroad of a joint operation
identify each locomotive engineer that a foreign railroad has certified
on the foreign railroad's system. The regulation only requires that a
person be added to the controlling railroad's listing if the person is
a foreign locomotive engineer who is certified and qualified for the
purposes of joint operations. Although railroads may choose to exchange
more information that identifies different types of qualified persons
than what is required by the regulation, a list that is over-inclusive
is simply not an accurate list. If a foreign railroad decides to
provide a controlling railroad with a complete listing of all its
certified locomotive engineers, the foreign railroad and the
controlling railroad must specifically distinguish those locomotive
engineers who are certified and qualified to operate in the joint
operations territory from those who are not so certified and qualified.

III. Frequency of Listing Updates

A. Why is an interpretation necessary?

    The provision contained in Sec.  240.221(d) states that ``[t]he
listing required by paragraphs (a), (b), and (c) shall be updated at
least annually'' and several railroads have complained that it is not
useful to keep a listing that only needs to be updated annually. These
parties have argued that even if a listing is updated annually, it will
likely become outdated quickly because the number of certified and
qualified engineers is in a constant state of flux. FRA disagrees with
this interpretation and believes the rule requires maintenance of the
listing so it retains its usefulness.

B. What is FRA's interpretation?

    The plain language of the regulation does not state that the
``listing only needs to be updated annually'' but, instead,
specifically requires that it ``shall be updated at least annually.''
Sec.  240.221(d) (emphasis added). Thus, the plain language of the
regulation contemplates updating the required listings more frequently
than once a year and that, at a minimum, the listings must be updated
annually. The only time the annual requirement is relevant is in those
situations where a controlling railroad does not have any changes to
make to its listing of qualified locomotive engineers over an entire
year and then paragraph (d) would require that the listing be checked
and updated at the end of the year. Moreover, FRA's intent when
publishing the final rule was to require the listings to be updated
whenever a change to the listing occurs so that the listing remains
current. The section-by-section analysis contained in the final rule
explained that ``FRA has specifically provided for the periodic
updating of the list so that it retains its

usefulness.'' 56 FR at 28249. FRA intended that the listing be updated
whenever it does not accurately identify the person(s) certified and
qualified (i.e., when the listing's usefulness is diminished). Ideally,
the listing should be updated each time a person is newly certified and
qualified, and each time a person is no longer considered certified or
qualified.
    With regard to updating the listing of foreign locomotive engineers
in joint operation territories, it should be noted that FRA considers
it more important to remove the name of any foreign engineer who is no
longer considered certified or qualified for joint operations territory
then to fail to add a person who has recently become certified and
qualified. When a controlling railroad questions a foreign engineer's
certification or qualifications and the engineer's name is not found on
the list, the controlling railroad would be expected to immediately
contact the foreign railroad in order to confirm the person's status
before allowing the foreign engineer to proceed into the joint
operations territory. Alternatively, if a controlling railroad were to
question a foreign engineer's certification or qualifications and the
engineer's name is found on the list, the controlling railroad would
likely be expected to rely on the list and would be exercising due
diligence in doing so. If the list is incorrect and the person's name
should have been removed, the controlling railroad cannot be expected
to prevent an unqualified person from operating in the joint operations
territory.
    Several major railroads have voiced concern that because the
listing is in such a constant state of flux, it would be extremely
difficult to maintain an accurate listing at all times. In the joint
operation context, a major railroad may face the challenge of
coordinating a listing that includes separate lists submitted by more
than 100 foreign railroads. Although FRA agrees that it will be
challenging for some railroads that allow extensive joint operations to
maintain an accurate written list, such railroads may find it easier to
comply by maintaining the listing electronically. Maintaining the
listing electronically has always been an option pursuant to Sec.
240.221(f), but it has not been extensively utilized. There is no
question that modern technology has greatly improved since the rule's
issuance in 1991, and thus the ability and desire to electronically
maintain the listing should be much greater. For example, it is
possible to maintain a secure Web site where a controlling railroad can
search a foreign railroad's uploaded list of locomotive engineers to
check: (1) Whether the person is certified and qualified for the joint
operations territory; (2) the person's class of service; and, (3) the
date of the railroad's certification decision. Another option may be
for a foreign railroad to tap into its railroad crew management
tracking system to produce a more detailed written or electronic list
of its engineers to controlling railroads than what is currently being
made available. Other electronically maintained options may be
available and FRA encourages railroads controlling joint operations to
consider options that would improve the usefulness of the required
listing. Any railroad that would like to maintain the listing
electronically is required to obtain approval from FRA pursuant to the
requirements in Sec.  240.221(f).
    While FRA recognizes that recent changes in status to any
particular engineer might not be reflected in the listing immediately,
FRA expects the listing to be updated with enough regularity so that it
retains its usefulness.
    FRA believes that this notice provides sufficient information to
guide parties that may have been confused by the requirements of Sec.
240.221. However, FRA seeks comments on this notice from interested
parties including any suggestions for providing more clarity, if
necessary. Please refer to the Addresses section for additional
information regarding the submission of comments.

    Issued in Washington DC on August 21, 2008.
Jo Strang,
Associate Administrator for Safety.
[FR Doc. E8-20032 Filed 8-28-08; 8:45 am]

BILLING CODE 4910-06-P


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

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

Appendix D to Part 141--Commercial Pilot Certification Course

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11190-11191]
[FR Doc No: 2012-4296]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0115; Notice 2]

Yokohama Tire Company, Denial of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration.

ACTION: Notice of Petition Denial.

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SUMMARY: Yokohama Tire Company (YTC),\1\ has determined that certain
P215/60R15 93H AVID H4S passenger car replacement tires failed to
comply with paragraph S5.5.1 of Federal Motor Vehicle Safety Standard
(FMVSS) No. 139, New Pneumatic Radial Tires for Light Vehicles. YTC has
filed an appropriate report pursuant to 49 CFR Part 573, Defect and
Noncompliance Responsibility and Reports (dated January 21, 2010).
---------------------------------------------------------------------------

    \1\ Yokohama Tire Company (YTC) is a replacement equipment
manufacturer incorporated in the State of California.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, YTC has petitioned
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
    Notice of receipt of YTC's petition was published, with a 30-day
public comment period, on August 20, 2010, in the Federal Register (75
FR 51524). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System Web
site at:  http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2010-0115.''

Contact Information

    For further information on this decision, contact Mr. George
Gillespie, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.

Summary of YTC's Petition

    YTC petitioned NHTSA for a determination that a noncompliance in
approximately 6,254 \2\ P215/60R15 93H AVID H4S passenger car
replacement tires that were manufactured in YTC's Salem, Virginia
manufacturing plant during the period December 2, 2007 through
September 19, 2009, is inconsequential to motor vehicle safety.
---------------------------------------------------------------------------

    \2\ YTC's petition identified 7,836 affected tires. Subsequent
to filing its petition, YTC notified NHTSA that the actual number of
affected tires is 6,254.
---------------------------------------------------------------------------

    YTC describes the noncompliance as a labeling error that omits the
Tire Identification Number (TIN)/partial TIN required by paragraph
S5.5.1 on one of the tire sidewalls. YTC indicates that the
noncompliant tires do however include the full TIN on the intended
outboard sidewall.
    YTC argues that the TIN and the partial TIN are used to properly
identify tires that are involved in a safety campaign. YTC also stated
its belief that the full TIN is molded on the intended outboard
sidewall of these tires and consumers could be directed to have both
sidewalls inspected for the TIN if any safety campaign would be
required for these tires in the future.
    YTC also explained that all of the subject tires have been tested
and certified compliant with all of the durability requirements of
FMVSS No. 139 for high speed, endurance and low inflation pressure
performance. The tires also meet all of the physical dimension,
resistance to bead unseating and strength requirements of FMVSS No.
139.
    In addition, YTC indicated that warranty and claim data for the
subject tires reveals a very small number of tire warranty returns, and
no reports of claims associated with accidents or tire failure
incidents.
    YTC also informed NHTSA that it has corrected the problem that
caused this noncompliance.
    In summation, YTC asserts that this noncompliance is
inconsequential to motor vehicle safety because the noncompliant
sidewall marking does not affect the physical characteristics of the
tires and all other labeling requirements have been met. Therefore, no
corrective action is warranted.

NHTSA Decision

    NHTSA does not agree with YTC's assessment that the noncompliance
with FMVSS No. 139 is inconsequential to motor vehicle safety. As
discussed below, the tire markings required by paragraph S5.5.1 of
FMVSS No. 139 provide valuable information to assist consumers in
determining if their tires are the subject of a safety recall.
    Paragraph S5.5.1 of FMVSS No. 139 requires that radial tires
manufactured

on or after September 1, 2009 for motor vehicles having a gross vehicle
weight rating (GVWR) of 10,000 pounds or less be permanently labeled
with: (1) A full TIN required by 49 CFR part 574 on the intended
outboard sidewall of the tire; (2) except for retreaded tires, either
the full or a partial TIN containing all characters in the TIN, except
for the date code, and at the discretion of the manufacturer, any
optional code, must be labeled on the other sidewall of the tire.\3\
---------------------------------------------------------------------------

    \3\ Tires manufactured after September 1, 2009 must be labeled
with the TIN on the intended outboard sidewall of a tire and either
the TIN or partial TIN on the other sidewall. 49 CFR 571.139
S5.5.1(b). If a tire manufactured after September 1, 2009 does not
have an intended outboard sidewall, one sidewall must be labeled
with the TIN and the other sidewall must have either a TIN or
partial TIN. Id.
---------------------------------------------------------------------------

    Tire recalls in the year 2000 highlighted the difficulty that
consumers experienced when attempting to determine whether a tire is
subject to a recall when a tire is mounted so that the sidewall bearing
the TIN faces inward i.e., underneath the vehicle. After a series of
Congressional hearings about the safety of and experiences regarding
the tires involved in those recalls, Congress passed and the President
signed into law the Transportation Recall Enhancement, Accountability,
and Documentation (TREAD) Act on November 1, 2000. Public Law 106-414.
114 Stat. 1800.
    One matter addressed by the TREAD Act was tire labeling. Section 11
of the TREAD Act required a rulemaking to improve the labeling of tires
to assist consumers in identifying tires that may be the subject of a
recall.
    In response to the TREAD Act's mandate, NHTSA published a final
rule that, among other things, required that the TIN be placed on a
sidewall of the tire and a full or partial TIN be placed on the other
sidewall. See 67 FR 69600, 69628 (November 18, 2002), as amended 69 FR
31306 (June 3, 2004). In the preamble to the 2002 final rule, the
agency identified the safety problem which prompted the issuance of the
rule. 67 FR at 69602, 69606, and 69610. The agency explained that when
tires are mounted so that the TIN appears on the inward facing
sidewalls, motorists have three difficult and inconvenient options for
locating and recording the TINs. Consumers must either: (1) Slide under
the vehicle with a flashlight, pencil and paper and search the inside
sidewalls for the TINs; (2) remove each tire, find and record the TIN,
and then replace the tire; or (3) enlist the aid of a garage or service
station that can perform option 1 or place the vehicle on a vehicle
lift so that the TINs can be found and recorded. If the tires were
mounted with the intended outward sidewall facing inboard, the intended
inboard sidewall would be facing outboard and the TIN would not be
visible. Without any TIN information on the outside sidewalls of tires,
the difficulty and inconvenience of obtaining the TIN by consumers
reduces the number of people who respond to a tire recall campaign and
increases the number of motorists who unknowingly continue to drive
vehicles with potentially unsafe tires.
    YTC suggests that this noncompliance does not preclude motorists
from checking the inboard sidewall if the TIN is not found on the
outboard sidewall. This approach is inadequate. The noncompliance here
is the exact problem that plagued millions of tire owners in 2000 and
one that Congress mandated that NHTSA address. When the TIN is placed
on one sidewall of a tire and that sidewall is mounted on the inboard
side of a wheel, it is very difficult and inconvenient for the consumer
to locate and record the TIN. In such situations, consumers who attempt
to determine if a tire is within the scope of a recall may not be able
to read the inboard sidewall without taking one of the three
inconvenient steps discussed above. The difficulty and inconvenience of
locating a TIN under these circumstances poses serious impediments to
the successful recall of the noncompliant tires, which may result in
motorists continuing to drive their vehicles with potentially unsafe
tires.
    While NHTSA has determined in the past that in some instances TIN
marking omissions were inconsequential to motor vehicle safety, those
determinations occurred prior to the adoption of FMVSS No. 139 pursuant
to the TREAD Act. Following the enactment of the TREAD Act, NHTSA found
that there is a safety need for a full TIN on one sidewall and a full
or partial TIN on the other sidewall. For these reasons, FMVSS No. 139
now requires TIN markings on both sidewalls of a tire so that consumers
can readily determine if a tire is subject to a safety recall.
    In consideration of the foregoing, NHTSA has decided that the
petitioner has not met its burden of persuasion that the noncompliance
described is inconsequential to motor vehicle safety. Accordingly,
YTC's petition is hereby denied, and the petitioner must notify owners,
purchasers and dealers pursuant to 49 U.S.C. 30118 and provide a remedy
in accordance with 49 U.S.C. 30120.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.

    Issued on: February 16, 2012.
Nancy Lummen Lewis,
Associate Administrator for Enforcement.
[FR Doc. 2012-4296 Filed 2-23-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16137-16138]
[FR Doc No: 2019-07688]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Aviation Rulemaking Advisory Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC)
meeting.

-----------------------------------------------------------------------

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the ARAC.

DATES: The meeting will be held on June 20, 2019, starting at 1:00 p.m.
Eastern Standard Time. Arrange oral presentations by May 31, 2019.

ADDRESSES: The meeting will take place at the Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Lakisha Pearson, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App. 2), we are giving notice of a
meeting of the ARAC taking place on June 20, 2019.
    The Draft Agenda includes:

1. Status Report from the FAA
2. Status Updates:
    a. Active Working Groups
    b. Transport Airplane and Engine (TAE) Subcommittee
3. Recommendation Reports
4. Any Other Business

    The Agenda will be published on the FAA Meeting web page (https://www.faa.gov/regulations_policies/rulemaking/npm/) once it is finalized.
    Attendance is open to the interested public but limited to the
space available. Please confirm your attendance with the person listed
in the FOR FURTHER INFORMATION CONTACT section no later than May 31,
2019. Please provide the following information: full legal name,
country of citizenship, and name of your industry association, or
applicable affiliation. For Foreign National attendees, please also
provide your country of citizenship, date of birth, and passport or
diplomatic identification number with expiration date.
    For persons participating by telephone, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by email or phone
for the teleconference call-in number and passcode. Callers are
responsible for paying long-distance charges.
    With the approval of the ARAC Chairman, members of the public may
present oral statements at the meeting. There will be no more than 15
minutes allotted on the agenda for oral statements. Oral statements are
limited to two minutes per speaker. The public must arrange by May 31,
2019, to present oral statements at the meeting. Members of the public
may present a written statement to the committee at any time by
providing 25 copies to the Designated Federal Officer, or by bringing
the copies to the meeting.
    If you are in need of assistance or require a reasonable
accommodation for this meeting, please contact the person listed under
the heading FOR FURTHER INFORMATION CONTACT. Sign and oral
interpretation, as well as a listening device, can be made available if
requested 10 calendar days before the meeting.

    Issued in Washington, DC, on April 12, 2019.
Lirio Liu,
Designated Federal Officer, Aviation Rulemaking Advisory Committee.
[FR Doc. 2019-07688 Filed 4-16-19; 8:45 am]
BILLING CODE 4910-13-P