supports a 3-year cycle for recurrent training material; however, it
sought clarification regarding certificate holders with only one
aircraft type.
    In the SNPRM, the FAA is retaining the recurrent training and
evaluation requirements that were proposed in the NPRM, with one
exception. In the SNPRM, the FAA has maintained the current programmed
hour requirement for recurrent training and evaluation. The FAA
believes that the current programmed hour requirement is adequate to
accomplish all of the curriculum requirements. The FAA has reorganized
some of the attachment to clarify that, although certificate holders
must provide annual training on each area of instruction listed in new
section C of attachment 1 that is pertinent to their operation, they
are not required to cover every subject within that area of instruction
each and every year. With regard to the recurrent training and
evaluation required by section C of attachment 2, the FAA reiterates
that certificate holders must cover all of the subjects listed in that
section on an annual basis. The SNPRM retains the provision that
permits certificate holders with more than one aircraft type three
years to cover aircraft systems for all of their aircraft types if
approved by the Administrator. For example, a certificate holder with
six aircraft types may cover aircraft systems for two aircraft per year
during a three-year period. For those certificate holders with a single
aircraft type, aircraft systems for that aircraft must be covered
annually.
    TWU questioned the requirement in Sec.  121.1455(c) that would
require individuals completing a knowledge test for academic evaluation
to score 80% overall, but require aircraft dispatchers to score 80% on
each task to pass the job performance evaluation. The requirement to
achieve at least 80% in each task area on the proficiency test is more
difficult than achieving 80% overall on the knowledge test because a
subpar showing on a particular task area would cause a failure even if
the individual scores exceptionally well on the majority of the test.
    The FAA has reviewed Sec.  121.1455(c) and the corresponding QPS
requirements in attachments 1 and 4 of appendix T and determined that
the requirement for a score of 80% in each task area of evaluation of
the proficiency check is not appropriate. The FAA has removed the 80%
requirement for proficiency tests from attachment 4 of appendix T. Each
proficiency test must include a representative number of questions for
each task which demonstrates the aircraft dispatcher's proficiency.
Each area of evaluation must then be satisfactorily demonstrated to the
Check Dispatcher, Dispatch Program Designee, or FAA principal
Operations Inspector, as applicable. This standard is necessary to
ensure that the dispatcher has mastered the subjects within the areas
of instruction before serving in operations. Academic evaluations for
each curriculum category would still require an overall score of 80% or
better.
9. Areas of Instruction and Subjects in the Aircraft Dispatcher QPS
(Appendix T)
    Midwest commented that many of the references that are made in the
area of instruction in attachment 1 entitled ``manual overview'' are
redundant to a given manual or would be contained in the FCOM and/or
ADPM. It recommended that, when the section says manual overview, it
should address manuals and not a collection of procedures that are
contained within the different operational manuals of an air carrier.
Midwest contends that few if any operators retain the airplane flight
manual for daily use, but instead the necessary sections are
incorporated into manuals like the FCOM or ADPM.
    The references are appropriate to this area of instruction. A
certificate holder is not required to retain the Airplane Flight Manual
(AFM) for daily use if the relevant portions of that manual are
contained in appropriate company manuals. Training is required for the
dispatcher on the contents for the AFM that are relevant to dispatch
duties.
    Midwest commented that, in the area of instruction dedicated to
``meteorology,'' the FAA has failed to clearly identify two important
weather areas, the jet stream and clear air turbulence. It requested
that these two areas be clearly identified in this list of

weather subjects. Midwest further stated that the interpretation and
use of weather charts should be enhanced to include weather radar use
and interpretation. The FAA notes that these subjects are covered in
attachment 1 (section A) under the subject headings ``upper air
meteorology,'' ``turbulence (all types),'' and ``interpretation and use
of weather charts.''
    Midwest commented that the subjects listed in the area of
instruction entitled ``approach plates and charts'' cover only
departure and arrival procedures. It recommended that the FAA add
approach charts (instrument and charted visual) to this list if that is
the intent of this section or correct the heading to departure and
arrival procedure charting. The FAA notes that these subjects are
covered under the subject heading ``terminal and en route charts and
publications.''
    Midwest recommended that the FAA change the ``inoperative
navigation aid'' subject heading to include discussion of navigation
aid substitution, which should include both en route and approach
navigation aid substitution. The FAA notes that the information is
covered under the subject heading ``inoperative navigation aids.''
    Midwest commented that, for Basic Aircraft Training and Evaluation
Requirements under section B of attachment 2, a number of the subjects
listed under ``additional training'' already have been covered in other
areas of instruction. It contends that, for operators with single fleet
types, this training is repetitive. Midwest requested that the FAA
consider either adding the statement ``for operators of more than one
fleet type'' to the opening statement to this area of instruction or
retain only the subjects set forth in (c), (e), (f), and (k) of section
B.4.
    The inclusion of these subjects under Basic Aircraft Training and
Evaluation is appropriate because there are both generic issues and
carrier or aircraft specific issues associated with these subjects. Any
areas that may be considered redundant would be accounted for in the
certificate holder's approved training program.
    TWU questioned section C.3.(a)(6) of attachment 4, ``Review of the
Flight Crew Qualification for route to be flown,'' stating that placing
these requirements on dispatchers would likely exacerbate workload
issues or hold dispatchers responsible for validating information that
they cannot access. The FAA notes that this section deals with the
evaluation of a dispatcher during proficiency tests and checks. The
section requires an aircraft dispatcher to demonstrate that he has
reviewed the crew qualifications for the route to be flown. This
provision does not exacerbate the workload as this task is already part
of a dispatcher's duties under current regulations.
    TWU questioned the section in attachment 4 entitled ``Review AIM.''
It stated that, because the Aeronautical Information Manual exists as a
reference, there is no need for it to be reviewed during any given
shift except in response to a specific question, which may or may not
arise. It commented that the requirement to review the AIM is
inconsistent with the daily shift duties of an aircraft dispatcher,
except in specific circumstances, and should be withdrawn.
    For evaluation purposes, the dispatcher should be familiar with the
AIM and its contents. This task is an appropriate area of evaluation
because, as acknowledged by the commenter, situations arise during
daily operations that require the dispatcher to use the information in
the AIM.
    Midwest Airlines commented that few if any users directly access
the National Weather Service and rely instead on a weather provider or
Internet connection for access to weather information. It recommended
that the FAA rephrase the title and subject material of attachment 4,
paragraph C.1.(d) to reflect the skills the average dispatcher is going
to demonstrate for the task subject area. Unless the certificate holder
has an approved EWINS program, it is required under Sec.  121.101 to
use weather data provided by the National Weather Service or a source
approved by the National Weather Service.
    Midwest Airlines commented that the information contained in
attachment 4, C.1.(b)(1), ``Aircraft Performance and Limitations
Knowledge,'' would be better placed in paragraph (a), ``Equipment
Knowledge.'' The item was appropriately placed under the tasks that
relate to aircraft performance and limitations.
    Midwest commented that, with regard to the tasks set forth under
the heading ``Certificate Holder Manuals, Procedures, and Operating
Information'' in attachment 4, it is not a dispatcher's role to verify
the currency of operational procedures. It stated that dispatchers must
know how to check currency of a manual and be responsible for
maintaining the currency of the carrier's individual manuals, but it is
the certificate holder who is responsible for ensuring the dispatcher
has current procedures. Midwest requested that the FAA reword section
to indicate that dispatchers are responsible only for verifying the
currency of the manuals made available to them by the certificate
holder. Although the certificate holder is responsible for ensuring the
dispatcher has current procedures and manuals, it is the dispatcher's
responsibility to verify that the manual being used is current.
    Midwest objected to the use of the word ``all'' in C.3.(a)(1) of
attachment 4 because it suggests that the dispatcher would directly
provide to the crew items like tables, conversion graphs, ATIS reports,
and radar reports which are generally not handled by the dispatcher.
The information listed for evaluation and dissemination by an aircraft
dispatcher is appropriate. The dispatcher is not required to provide
the actual reports and charts to crewmembers, but rather to communicate
the information in those documents that is necessary to ensure the safe
operation of the flight. In addition, the items listed are consistent
with Sec.  121.601, which directs that an aircraft dispatcher provide
the PIC with ``all available weather reports and forecasts of weather
phenomena that may affect the safety of flight'' and ``additional
available information of meteorological conditions and irregularities
of facilities and services that may affect the safety of the flight.''
    Midwest commented that a number of items listed under section C.3,
``Planning and Executing a Dispatch Release'' of attachment 4 are
repetitive. Midwest stated that most of the items center on the
aircraft status, fuel planning, and ATC, which already have been
demonstrated and checked prior to this portion of the task. It stated
that, for example, if the dispatcher demonstrates a task such as
checking aircraft MEL status and its effect, there is no value added by
repeating this item during an evaluation.
    Although these items are similar, they are applied differently
depending on the task the dispatcher is performing. Accordingly, in the
SNPRM the FAA has retained the proposed requirements.
10. Other Required Training (Appendix T, Attachment 1)
    Midwest commented that not having the ``other required training''
subjects (i.e. hazardous materials, drug testing program) listed in the
other three attachments of the rule could lead to consistency problems
for those that need to develop programs based on the guidance that they
provide. It recommended that it should be one standard format across
the board.
    These areas of training are required only during initial and
recurrent training. As such, they are not

appropriate for the other attachments in appendix T. Because these
areas of instruction are mandated by other regulations (as identified
in attachment 1, B.1.(o) and C.3), they are not included in the
required hours of training in subpart CC.
11. Organization of the Aircraft Dispatcher QPS (Appendix T)
    Midwest commented that the title to section A of attachment 1
indicates that the materials cover ``Initial, Combined Certification
and Initial, Recurrent, and Requalification.'' It asked whether this
meant that all of the materials in section A are required in recurrent
and requalification training or just the materials listed in section B
of attachment 1. In addition, it commented that section B directs the
user back to A.6.(c) for some of the recurrent and requalification
material. The carrier requested that the FAA either remove ``recurrent
and requalification training'' from the title of section A or remove
section B as it serves no useful purpose.
    In the SNPRM, attachment 1 has been reorganized to clarify the
areas of instruction and subjects that must be covered in each of the
curriculum categories. Proposed section B covers those areas of
instruction and subjects which must be covered (if pertinent to the
certification holder's operation) in initial or combined certification
and initial. Proposed section C covers those areas of instruction which
must be covered during recurrent and requalification training and
evaluation. The FAA reiterates that, for recurrent and requalification,
certificate holders must provide training on each area of instruction
in section C on an annual basis; however, not every subject that falls
under those areas of instruction must be covered annually.
    A commenter indicated that section C.3 of attachment 2 provides
confusing and conflicting information on what is ``special training''
and how to handle it while developing training programs. In the
proposed rule, the special curriculum category is addressed in Sec.
121.1437. Because special training could apply to other parts of a
certificate holder's training program, this section has been moved from
attachment 2 to the beginning of Aircraft Dispatcher QPS. The special
curriculum category covers any training and evaluation that is
necessary to address changes to the certificate holder's operations or
to correct deficiencies identified by the certificate holder's CAP.
12. Required Questions for Proficiency Tests and Checks (Appendix T,
Attachment 4)
    Midwest commented that the number of knowledge questions required
in attachment 4 of appendix T is 130, is more than the Knowledge Test
administered by the FAA in granting a dispatcher certificate. It stated
that the knowledge evaluation for initial, recurrent, and
requalification training already have been addressed in attachments 1
and 2 of appendix T and there is no need to address these knowledge
items which have already been tested.
    The proficiency tests and checks under attachment 4 are an
evaluation of the dispatcher's knowledge and skills as applied in a
work environment. The FAA has, however, removed the number of required
questions from attachment 4 because evaluators who are administering
proficiency tests and checks must be able to present scenarios that
encompass several operational areas and permit the evaluator to assess
the dispatcher's situational awareness and abilities.
13. Calculation of Evaluation Questions for Requalification (Appendix
T, Attachments 1 and 2)
    Midwest commented that it occasionally needs to conduct
requalification training for dispatchers. It contends that it attempted
to apply the proposed QPS requirements to the case of a dispatcher who
has had a lapse of currency of 25 months and believes that the correct
amount of questions that would be required by this phase IV
requalification with one flag area of operation is 65, based on 2
missed recurrent programs and 5 areas required by Table 3. It requested
whether the calculation was accurate.
    In the SNPRM, the FAA has revised the proposed requirements for
requalification. Under the new proposal, a dispatcher who has had a
lapse in currency of 25 months would be required to repeat initial
training in the certificate holder's training program. A dispatcher who
has missed one recurrent cycle would be required to satisfactorily
complete an academic evaluation containing 20 questions, as required in
attachment 1, A.4.(c), and 20 questions, as required in attachment 2,
A.4.(c). In addition, the FAA has revised the language in appendix T to
clarify that the academic evaluation must also contain five questions
for each additional ``academic'' training and evaluation activity
listed in Table 3, (General Knowledge and Skills, Specific Training per
Aircraft Type, and General Knowledge per Flag Area of Operation).
14. Dispatch Resource Management (DRM) (Appendix T)
    Under current regulations, DRM training is required under 121.404
and 121.422. In the NPRM, the FAA included DRM in the Aircraft
Dispatcher QPS as a required area of instruction for Initial, Combined
Certification and Initial, Recurrent, and Requalification Curriculum
Categories.
    US Airways and Midwest commented that resource management training
falls short of providing an adequate understanding of the resources
available to both pilots and dispatchers. Several commenters
recommended that the FAA consider including in the QPS a requirement
for joint training in DRM and CRM. US Airways stated that it regularly
sees examples of flight crews not being aware of what resources
dispatchers can provide. The ADF recommended that crews be trained to
notify the dispatcher of any emergency or abnormal situation as soon as
practical because often dispatchers have all the available tools to
provide support and assist the crew, begin preparation for ground
assistance, and communicate the required notifications for any given
situation. TWU stated that LOFT should be employed as part of DRM.
    The DRM AC (AC 121-32A) discusses in greater detail how to
integrate DRM into operational control and numerous departments within
the certificate holder's operations. Joint training in CRM and DRM is a
recommended practice in AC 121-32; however, it may not be practical for
some certificate holders due to scheduling conflicts and the
availability of operations personnel. The DRM requirements set forth in
the QPS establish only the minimum requirements necessary to ensure the
effective management of available resources by aircraft dispatchers.
The FAA notes that a certificate holder is free to enhance the training
above the minimum requirements.
    Midwest commented that the QPS leaves the operator little or no way
to address the changing state of DRM. It contended that the listed
subjects are repetitive in nature and fail to address the current
generation of DRM/CRM which directly address ``Threat and Error
Management.'' It commented that the FAA's failure to include ``Threat
and Error Management'' is inconsistent with standard industry practice.
Midwest recommended that the references to multi-tasking, tactical and
strategic use of resources, preparation, planning and vigilance could
be better addressed by

simply using the phrase ``Threat and Error Management.''
    DRM has evolved because of the joint responsibility for the
preflight planning, delay, and dispatch release of a flight between the
PIC and aircraft dispatcher. It is intended to address problems
associated with poor group decision-making, ineffective communication,
inadequate leadership, and poor task or resource management. The FAA
has identified fundamental topics associated with DRM training. These
topics are designed to result in better management of information that
has a direct impact on safe flight operations and promote a better
interface with each PIC, as consistent with the joint responsibility.
The specific content of training and organization of these topics
should reflect an organization's unique culture and specific needs.
    RAA commented that attachment 4 of the dispatcher QPS provides only
one means for evaluation that is acceptable for the proficiency test or
check. It would like the ability to provide other means of testing and
checking to assess the DRM indicators. It contends that the process
becomes self-limiting if the only method allowed for evaluation is DRM
indicators.
    Because DRM training is the incorporation of team management
concepts in flight operations, it is essential that these team-oriented
goals be demonstrated in a scenario-based setting in order to ensure
that a dispatcher is able to employ all available resources during
flight operations. The FAA proposed to require dispatchers to
demonstrate and apply DRM concepts throughout their proficiency tests
and checks. As always, a certificate holder may devise and administer
alternative evaluations in addition to the evaluations required by the
proposed rule.

VI. Impact Statements

Paperwork Reduction Act

Paperwork Reduction
    This proposal contains the following new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted the information requirements
associated with this proposal to the Office of Management and Budget
for its review.
Title: Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers
    Summary: The FAA proposes to amend the regulations for crewmember
and aircraft dispatcher training programs in domestic, flag, and
supplemental operations. The proposed regulations enhance traditional
training programs by requiring the use of FSTD for flightcrew members
and including additional training requirements in areas that are
critical to safety. The proposal also reorganizes and revises the
qualification and training requirements. The proposed changes are
intended to contribute significantly to reducing aviation accidents.
    Use of: This project is in direct support of the Department of
Transportation's Strategic Plan--Strategic Goal--SAFETY; i.e., to
promote the public health and safety by working toward the elimination
of transportation-related deaths and injuries. This request for
clearance reflects requirements necessary under Title 14 CFR parts 65,
119, 121, 135, and 142, to ensure safety of flight by making certain
that complete and adequate training, testing, checking, and experience
is obtained and maintained by those who operate under these parts of
the regulation and that the use of flight simulation is used to its
maximum practical extent in achieving these goals. The FAA will use the
information it collects and reviews to ensure compliance and adherence
to regulations and, where necessary, to take enforcement action on
violators of the regulations.
    Respondents (including number of): The FAA estimates there are 80
certificate holders who would be required to provide information in
accordance with the proposed rule. The respondents to this proposed
information requirement are certificate holders using the training
requirements in 14 CFR part 121.
    Frequency: The FAA estimates certificate holders will have a one
time information collection, then will collect or report information
occasionally thereafter.
    Annual Burden Estimate: This proposal would result in an annual
recordkeeping and reporting burden as follows:
    The proposed SNPRM changes that deal with manuals for operations in
accordance with part 121 would require revisions to the manual
requirements. The manuals must include the instructions and information
necessary to allow the pilots, other pilots and flight engineers to
perform their required safety related duties and responsibilities. The
manual, and any changes, must be approved by the Administrator.
    The FAA estimates for a certificate holder operating under part 121
or 121/135 with two aircraft groups,\13\ approximately 35% of the
content of these manuals would require revision. On average, the agency
estimate that this constitutes about 86 pages for each aircraft group.
---------------------------------------------------------------------------

    \13\ OAG Fleet Database.
---------------------------------------------------------------------------

    Table 16 shows the estimated time for industry to update manuals.
    [GRAPHIC] [TIFF OMITTED] TP20MY11.002

    The total industry paperwork cost of reviewing the updated manuals
is $1.47 million. On average, over the 10-year analysis interval, the
costs to update the manuals would be $147,000 annually.
    In addition, the CAP requires certificate holders to document the
effectiveness of their training and qualification programs, or the need
to change, to allow for continuance. The cost estimates are the time
estimates to prepare and maintain the actual document that outlines the
certificate holder's CAP for FAA approval as part of the approved
training program. The FAA estimates industry costs for documenting the
effectiveness of operators with traditional training programs for each
category as follows:
    (a) Pilots (includes training programs for pilots, flight
engineers, check pilots and flight engineers, and instructors):
    1. Initial documenting requires eight hours for review by a
Technical Writer Manager for 80 passenger and cargo air carriers.

    2. Recurrent documenting requires two hours for review by a
Technical Writer Manager for 80 passenger and cargo air carriers.
    (b) Flight Attendants:
    1. Initial documenting requires eight hours for review by a
Technical Writer Manager for passenger 66 air carriers.
    2. Recurrent documenting requires two hours for review by a
Technical Writer Manager for 66 passenger air carriers.
    Table 17 summarizes the FAA expected results of the industry
paperwork cost of reviewing and updated manuals and the CAP.
[GRAPHIC] [TIFF OMITTED] TP20MY11.003

    The agency is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
    Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by July 19, 2011. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Building, Room 10202, 725 17th Street, NW., Washington,
DC 20053.
    According to the 1995 amendments to the Paperwork Reduction Act (5
CFR 1320.8(b)(2)(vi)), 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 OMB control number.
The OMB control number for this information collection will be
published in the Federal Register, after the Office of Management and
Budget approves it.
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 proposed 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 Orders 12866 and 13563 direct 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 proposed 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
proposed 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) would have a significant
economic impact on a substantial number of small entities; (5) would
not create an unnecessary obstacles to the foreign

commerce of the United States; and (6) would 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
    The FAA estimates the total cost of the proposed rule would be
approximately $391.9 million in nominal dollars, $199.1 million at a
seven percent present value, and $290.3 million at a three percent
present value. The estimated potential quantified safety benefits over
the 10-year analysis interval is $445.1 million, $222.9 million at a
seven percent present value, and $327.5 million at a three percent
present value.
    The following table shows these results.
    [GRAPHIC] [TIFF OMITTED] TP20MY11.004

    More detailed qualitative and quantitative benefit and cost
information is provided below.
Who is potentially affected by this rule?
    This proposed rulemaking will affect operators of transport
category airplanes operating under 14 CFR Parts 121 and 121/135.
    Assumptions:
     Discount rates--a 7% base case with a 3% sensitivity
analysis rate.
     This proposed rule would become a final rule in 2011.
     This proposed rule would become effective in 2016.
     Period of analysis--2016 through 2025 because this
analysis period fully accounts for the expected benefits and costs.
     It is not the intent of the FAA for this proposed rule to
affect operators with Advance Qualification Program (AQP) pilot
training programs.
     Value of a fatality avoided--$6.0 million.
    Changes from the NPRM to the SNPRM
    Upon review of the NPRM comments, the FAA identified several key
issues to be addressed. In the SNPRM the FAA proposes to establish
provisions for training program modifications for flightcrew members,
clarifies the minimal impact on AQP operators, requires certificated
aircraft dispatchers for supplemental operations, revises the training
and evaluation task requirements in the flightcrew member and flight
engineer Qualification Performance Standards appendices (QPS), and
removes the information portion of the QPS appendices and placing the
information in advisory circulars. The FAA also made other changes to
many of the proposals in the NPRM. For example, the FAA has simplified
the Flight Attendant and Aircraft Dispatcher requalification
requirements, revised and clarified the programmed hour requirements,
and revised and clarified the initial cadre requirements. The FAA has
also clarified the programmed hour requirements for pilots.
Benefits of This Rule
    Phased-in potential benefits would accrue from the additional
training initiatives and are estimated to be about $445.06 million,
$222.86 million at a seven percent present value, and $327.48 million
at a three percent present value over the 10-year analysis interval.
The following table shows the proposals benefit breakdown by pilot,
flight attendant, and aircraft dispatcher.
[GRAPHIC] [TIFF OMITTED] TP20MY11.005

    In addition, the proposed rule generates qualitative benefits for
pilots, dispatchers, flight attendants, and flight engineers as it
responds to the FAA ``Call to Action'' and to the 28 NTSB safety
recommendations.
    The changes proposed in this SNPRM address the following NTSB
recommendations:
     Crewmember Resource Management (CRM) training
(Recommendations A-88-71 and A-94-96);
     Flight attendant training (Recommendations A-92-67, A-92-
70, A-92-71, A-92-74, and A-92-77);
     TCAS RA training (Recommendation A-93-46);
     Use of simulators to conduct LOFT (Recommendations A-94-
191 through 194);
     Training of flightcrews to respond to sudden, unusual or
unexpected aircraft upsets (Recommendation A-96-120);
     Training of crewmembers to respond to in-flight fires
(Recommendations A-01-83 through A-01-85);
     Aircraft pressurization on the ground while the ground-
based air conditioning is supplying conditioned (cooled or heated) air
to the cabin (Recommendation A-07-96);
     Monitoring of exit availability on the ground after a
significant event to help expedite and emergency evacuation
(Recommendation A-09-26);
     Communication and coordination between Flight Crewmembers
and Flight Attendants regarding emergency and

unusual situations (Recommendation A-09-27);
     Pilot monitoring duties (Recommendation A-10-10);
     Requirements for flightcrew member academic training
regarding leadership (Recommendations A-10-13, A-10-14, and A-10-15);
     Pilot recordkeeping requirements regarding training
performance (Recommendations A-10-17 and A-10-18);
     Develop and implement procedures to establish airspeed
reference (Recommendation A-10-21); and
     Develop and conduct stall recovery training and provide
stick pusher familiarization training for pilots of stick-pusher
equipped aircraft (Recommendations A-10-22 and A-10-23).
Costs of This Rule
    From 2010 to 2025, the FAA estimates the total cost of the proposed
rule would be approximately $391.9 million in nominal dollars, $199.1
million at a seven percent present value, and $290.3 million at a three
percent present value. The total costs include increased training for
pilots, flight engineers, flight attendants and aircraft dispatchers
along with additional costs of more simulators, paperwork for updating
manuals, and government costs for review and approval of the modified
training programs and manuals.
    The following table shows the proposals cost breakdown by pilot and
flight engineer training, flight attendant training, aircraft
dispatcher training, government and paperwork.
[GRAPHIC] [TIFF OMITTED] TP20MY11.006

Alternatives Considered
    The FAA considered multiple alternatives to the rule. Two
alternatives address giving relief to small entities, one alternative
considered accepting the NPRM, and the last alternative addressed AQP
pilot training programs. A discussion of these alternatives can be
found in the associated regulatory impact analysis and regulatory
flexibility analysis. The FAA seeks comment on these alternatives and
other potential approaches to the proposals contained within this
SNPRM.
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.
    The FAA believes that this proposal would result in a significant
economic impact on a substantial number of small entities. The purpose
of this analysis is to provide the reasoning underlying the FAA
determination.
    Section 603 of the Act requires agencies to prepare and make
available for public comment an initial regulatory flexibility analysis
(IRFA) describing the impact of final rules on small entities.
    Section 603(b) of the Act specifies the content of a FRFA.
    Each IRFA must contain:
    Under Section 603(b) of the RFA, the analysis must address:
     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 proposed rule;
     A description of the projected reporting, record keeping
and other compliance requirements of the proposed 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;
     A description and an estimate of the number of small
entities to which the rule will apply;
     An analysis cost and affordability for small entities,
     An estimation of the potential for business closures,
     Conduct a disproportionality analysis,
     Conduct a competitive analysis,
     A summary of significant issues raised by public comments
in response to the initial regulatory flexibility analysis and how the
agency resolved those comments, and
     Each initial 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 Rule Is Being Proposed
    The primary purpose of this proposed rule is to establish new
requirements for traditional air carrier training programs to ensure
that safety-critical training and evaluation is provided for
crewmembers and aircraft dispatchers. The proposed changes seek to make
a significant contribution to the FAA's accident reduction goal by
directly addressing the safety goals from two recent FAA ``Call to
Action'' initiatives including pilot ``upset recovery'' training and
improvement of runway safety by requiring training in critical runway

safety issues. The proposed requirements also implement numerous safety
recommendations from the National Transportation Safety Board.
The Objectives and Legal Basis for the Rule
    The objective of the rule is to enhance crewmember and aircraft
dispatcher training programs by including additional training
requirements in areas that are critical to safety. The proposed changes
are intended to contribute significantly to reducing aviation accidents
and improving crewmember and dispatcher performance.
    The legal basis for the rule is 49 U.S.C. 44701 et seq., which
provides that for regulations related to airmen certification, the FAA
must consider the duty of an air carrier to provide service with the
highest possible degree of safety in the public interest. The FAA must
also consider, as a matter of policy, reducing or eliminating the
possibility of recurrence of accidents in air transportation (49 U.S.C.
44701(c)).
Projected Reporting, Recordkeeping and Other Requirements
    We expect no more than minimal new reporting and recordkeeping
compliance requirements to result from this final rule. Costs for the
associated labor constitute a burden under the Paperwork Reduction Act
and are accounted for in the preamble to the final rule.
Overlapping, Duplicative, or Conflicting Federal Rules
    We are unaware that the proposed rule will overlap, duplicate or
conflict with existing Federal Rules.
     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.
     A summary of significant issues raised by public comments
in response to the initial regulatory flexibility analysis and how the
agency resolved those comments.
     The type and number of small entities to which the rule
will apply.
    Under the RFA, the FAA must determine whether a proposed rule
significantly affects a substantial number of small entities. This
determination is typically based on small entity size and cost
thresholds that vary depending on the affected industry.
    Using the size standards from the Small Business Administration for
Air Transportation and Aircraft Manufacturing, we defined companies as
small entities if they have fewer than 1,500 employees.
    This proposed rule would become final in 2010 and fully effective
in 2015. Our forecasts do not have the granularity to determine if an
operator will still be in business or will still remain a small
business entity. Therefore we will use 2008 U.S. operator's employment
and annual revenue in order to determine the number of operators this
proposal would affect.
    For this analysis, we considered the economic impact of this
proposed rule on small-business part 121 and 121/135 operators. We
obtained a list of part 121 and 121/135 U.S. operators from the FAA
Flight Standards Service NVIS database. Using information provided by
the U.S. Department of Transportation Form 41 filings we obtained
company revenue and employment for each of the part 121 and 121/135
U.S. operators.
    Using the methodology discussed above we determined of the 98 part
121 and 121/135 U.S. operators could be affected by the rule. Of the 98
operators, there are 55 that reported annual employment and operating
revenue data. Of the 55 air carriers that reported annual employment
data, 31 air carriers meet the SBA size standard of small business of
1,500 employees. Of the 31 air carriers that meet the SBA size standard
of small business, there are three operators who do not have
traditional pilot training programs who would not be affected by the
proposal. Therefore, there are 28 air carriers that meet the SBA size
standard of small business and are affected by the proposal.
    Due to the sparse amount of publicly available data on internal
company financial statistics for small entities, it is not feasible to
estimate the total population of small entities affected by this
proposed rule.
Cost and Affordability for Small Entities
    To assess the proposed rule's cost impact to small business part
121 and 121/135 operators, we determined the incremental amount of
additional time this proposal would add for training.
    The FAA used the hourly wages, including benefits, of flight crew
member as a basis to estimate costs. We expected the additional
training requirements would also result in additional travel for
training. We also contacted industry and determined that additional
simulators would need to be purchased and training facilities would
need to be either built or expanded. In order to maintain
confidentiality of the operators who provided costs estimates for the
increased simulator and training facilities, we summed the incremental
costs of this proposal and then calculated an average cost by flight
crew member.
    We estimated each operator's total compliance cost by multiplying
the average cost by flight crew member by the number of flight crew
members for each of the 28 air carriers that meet the SBA size standard
of small business of 1,500 employees. We then measured the economic
impact on small entities by dividing the estimated compliance cost by
each of the 28 small entity's annual revenue.
    The proposal's cost is estimated to be greater than two percent of
annual revenue for nine of the 28 small entity operators.
    Thus the FAA has determined that a substantial number of small
entities will be significantly affected by the rule.
Business Closure Analysis
    Since many of the other commercial small business air operator
firms do not make their annual revenue publicly available, it is
difficult to assess the financial impact of this final rule on their
business. To fully assess whether this final rule could force a small
entity into bankruptcy requires more financial information than is
publicly available.
    In the NPRM, the FAA requested comment, with supportive
justification, to determine the degree of hardship, and feasible
alternative methods of compliance, the final rule will have on these
small entities. We did not receive comment specific to this request.
Disproportionality Analysis
    The disproportionately higher impact of the final rule on small
operators may result in disproportionately higher costs to small
operators because the FAA does not intend on this proposal to affect
operators with Advance Qualification Program (AQP) pilot training
programs. Currently, due to the voluminous amount of data that is
required to be collected, most operators that train under AQP pilot
training programs are large entities employing over 1,500 people.
Although a small operator may apply for an AQP pilot training program,
many choose to remain under the traditional Federal Aviation
Regulations and would therefore be affected by this proposal. Based on
the percent of potentially affected current operators, small U.S.
business operators with traditional pilot training programs

may bear a disproportionate impact from the final rule.
Competitive Analysis
    The aviation industry is an extremely competitive industry with
slim profit margins. The number of operators who entered the industry
and have stopped operations because of mergers, acquisitions, or
bankruptcy litters the history of the aviation industry.
    As mentioned in the Disproportionality Analysis, many small
entities currently train their pilots under the traditional Federal
Aviation Regulations and would be affected by this proposal. With the
exception of one major operator, every major operator current trains
their pilots under an AQP program and would not be affected by this
proposal. Therefore, many of the small entity operators would incur a
significant cost from this proposal, while larger operators would not.
    In this competitive industry, cost increases imposed by this
regulation will be hard to recover by raising prices. This factor makes
it difficult for the small operators to recover their compliance costs
by raising prices. If small operators cannot recover all the additional
costs imposed by this regulation, market shares could shift to the
large operators.
    Small operators successfully compete in the aviation industry by
providing unique services and controlling costs. To the extent the
affected small entities operate in niche markets, this enhances small
entity's ability to pass on costs. Overall, in terms of competition,
this rulemaking reduces small operator's ability to compete.
    Significant issues raised by public comments in response to the
initial regulatory flexibility analysis for the NPRM.
    The only significant issue raised by public comments in response to
the initial regulatory flexibility analysis for the NPRM was from the
Regional Airline Association (RAA). The RAA contended that the FAA is
obligated under the Regulatory Flexibility Act to consider alternatives
for small businesses and the adoption of current Advanced Qualification
Program (AQP) is one of those alternatives.
    The NPRM did consider two alternatives for small entities. The
first alternative was to mandate a 12-month recurrent training cycle
for small entities. The second alternative was to extend the final
compliance date to 7 years for small entities. The FAA concluded for
both alternatives that it would be contrary to our policy for one high
level of safety in all part 121 operations to exclude certain operators
simply because they are small entities.
    Subpart Y of part 121 provides an alternative method (known as
``AQP'') for qualifying, training, certifying, and otherwise ensuring
competency of crewmembers, aircraft dispatchers, other operations
personnel, instructors, and evaluators who are required to be trained
under parts 121 and 135 of this chapter. With FAA approval, Subpart Y
of part 121 allows a certificate holder (operator) the ability to
voluntarily elect to have their flight crewmembers or dispatchers train
under AQP.
Analysis of Alternatives
    The FAA considered alternatives to the rule for the small air
carriers. A discussion of these alternatives follows.
Alternative 1--12-Month Recurrent Training Cycle for Small Entities
    Currently, PICs train every 6 months and SICs train every 12
months. The FAA could extend the recurrent training cycle for PICs
working for small entities to 12 months to coincide with current SIC
recurrent training cycles, instead of proposing to require PICs and
SICs to attend recurrent training on a 9-month training cycle. This
would result in cost savings for small entities. Again, in the proposal
the FAA has required improvements that would reduce human error among
crewmembers and aircraft dispatchers, particularly in situations with
special hazards. Reducing the training cycle for PICs to a 12-month
cycle is contrary to the purpose of this rulemaking.
    In the proposal, the FAA has required improvements that would
reduce human error among crewmembers and aircraft dispatchers,
particularly in situations with special hazards because these problems
are equally incurred by all part 121 air carriers, regardless of size,
it would be contrary to our policy for one high level of safety in all
part 121 operations to exclude certain operators simply because they
are small entities. Thus, the FAA does not accept this alternative.
Alternative 2--Extending the Final Compliance Date to 7 Years for Small
Entities
    Extending the final compliance date from 5 years to 7 years for
small entities reduces the costs to small entities. Under this
alternative, the FAA expects that the projected annualized cost of the
rule would still be significant for some of the 20 operators studied.
    In the proposal, the FAA has required improvements that would
reduce human error among crewmembers and aircraft dispatchers,
particularly in situations with special hazards. Because these
requirements would address problems equally incurred by all part 121
air carriers, regardless of size, it would be contrary to our policy
for one high level of safety in all part 121 operations to exclude
certain operators simply because they are small entities. Thus, the FAA
does not accept this alternative.
Alternative 3--The NPRM
    Accepting the preamble and rule language from the NPRM and moving
forward with a final rule.
    From the comments and the FAA meeting with industry it was apparent
that the NPRM was not clear and concise. Industry commented that the
rule language was unclear and could cause major costs to occur. Also,
although it was not the intention of the FAA for this proposal to
affect operators with AQP training programs, industry commented that
they believed the NPRM would have a major impact on operators with AQP
training programs.
Alternative 4--AQP Pilot Training Program
    All operators can choose to adopt the AQP training program. Thus
far, most of the larger operators have AQP pilot training programs.
This alternative is available for all operators affected by this
proposal.
    The FAA rejected alternatives 1, 2, and 3 and note that all
operators can choose to be subject to the AQP pilot training program.
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 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 proposed rule and determined the
objective is safety and is not considered an unnecessary obstacle to
foreign commerce of the United States.

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 proposed rule does contain such a mandate; therefore, the
requirements of Title II of the Act do apply. We considered three
alternatives to the rule, as described above, and four alternatives in
the regulatory flexibility analysis described above.
Executive Order 13132, Federalism
    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, on the relationship between the national Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would 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 proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
    The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that
while it is a ``significant regulatory action'' under Executive Order
12866 and DOT's Regulatory Policies and Procedures, it is not a
``significant energy action'' under the executive order and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
Additional Information
Comments Invited
    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. It also
invites comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
    The agency will file in the docket all comments it receives, as
well as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, it will consider all comments it receives on or before the
closing date for comments. The FAA will consider comments filed after
the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
Proprietary or Confidential Business Information
    Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD-ROM, mark the outside of the disk or
CD-ROM and also identify electronically within the disk or CD-ROM the
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when the FAA is aware of proprietary
information filed with a comment, it does not place it in the docket.
The agency holds it in a separate file to which the public does not
have access, and places a note in the docket that it has received it.
If the FAA receives a request to examine or copy this information, it
treats it as any other request under the Freedom of Information Act (5
U.S.C. 552). The FAA processes such a request under the DOT procedures
found in 49 CFR part 7.
Availability of Rulemaking Documents
    You can get an electronic copy of rulemaking documents using the
Internet by--Searching the Federal eRulemaking Portal (http://www.regulations.gov); Visiting the FAA's Regulations and Policies Web
page at http://www.faa.gov/regulations_policies or 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 docket number, notice number, or amendment number
of this rulemaking.
    You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the Internet through the Federal eRulemaking Portal referenced in
paragraph (1).

List of Subjects

14 CFR Part 65

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 121

    Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.

14 CFR Part 142

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

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend Chapter 1 of Title 14, Code of Federal
Regulations (CFR) parts 65, 119, 121, 135, and 142, as follows:

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

    1. The authority citation for part 65 continues to read as follows:

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

    2. Amend Sec.  65.57 by revising the introductory text and adding
paragraph (c) to read as follows:

Sec.  65.57  Experience or training requirements.

    An applicant for an aircraft dispatcher certificate must present
documentary evidence satisfactory to the Administrator that he or she
has the experience prescribed in paragraph (a) of this section or has
accomplished the training described in paragraph (b) of this section or
has completed a dispatcher training program in accordance with
paragraph (c) of this section as follows:
* * * * *
    (c) Successfully completed an aircraft dispatcher training program
approved in accordance with subpart CC of part 121 of this chapter.
    3. Amend Sec.  65.70 by revising the introductory text of paragraph
(a) to read as follows:

Sec.  65.70  Aircraft dispatcher certification courses: Records.

    (a) The operator of an aircraft dispatcher certification course set
forth under appendix A of this part must maintain a record for each
student, including a chronological log of all instructors, subjects
covered, and course examination and results. The record must be
retained for at least 3 years after graduation. The course operator
must also prepare for its records, and transmit to the Administrator
not later than January 31 of each year, a report containing the
following information for the previous year:
* * * * *

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    4. The authority citation for part 119 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.

    5. Amend Sec.  119.65 by revising the section heading and adding
paragraph (a)(6) to read as follows:

Sec.  119.65  Management and technical personnel required for
operations conducted under part 121 of this chapter.

    (a) * * *
    (6) At least one line qualified check pilot, and, if appropriate,
at least one check flight engineer, for each aircraft make and model
and aircraft type for which the certificate holder has more than five
pilots. A check pilot or check flight engineer may hold the additional
position of Director of Safety, Director of Operations, or Chief Pilot,
if the check pilot or check flight engineer meets the requirements of
the additional position. Compliance with this paragraph (a)(6) is
required no later than [date 5 years and 120 days after publication of
the final rule].
* * * * *
    6. Amend Sec.  119.67 by adding paragraph (f) to read as follows:

Sec.  119.67  Management personnel: Qualifications for operations
conducted under part 121 of this chapter.

* * * * *
    (f) To serve as a check pilot or check flight engineer for an
aircraft type under Sec.  119.65(a) a person must be qualified in
accordance with Sec. Sec.  121.1251, 121.1253, and 121.1255 of this
chapter. Compliance with this paragraph (f) is required no later than
[date 5 years and 120 days after publication of the final rule].
    7. Amend Sec.  119.69 by adding paragraph (a)(4) to read as
follows:

Sec.  119.69  Management personnel required for operations conducted
under part 135 of this chapter.

    (a) * * *
    (4) A line qualified check pilot or check flight engineer for each
aircraft make and model and aircraft type for which the certificate
holder has more than five pilots and is required to have, or elects to
have, an approved training program under part 121 of this chapter. A
check pilot or check flight engineer can hold the additional position
of Director of Safety, Director of Operations, or Chief Pilot, if the
check pilot or check flight engineer meets the requirements of the
additional position. Compliance with this paragraph (a)(4) is required
no later than [date 5 years and 120 days after publication of the final
rule].
* * * * *
    8. Amend Sec.  119.71 by redesignating paragraphs (e) and (f) as
paragraphs (f) and (g) respectively, and adding a new paragraph (e) to
read as follows:

Sec.  119.71  Management personnel: Qualifications for operations
conducted under part 135 of this chapter.

* * * * *
    (e) To serve as a check pilot for an aircraft make and model and
aircraft type under Sec.  119.69 a person must be qualified in
accordance with Sec.  121.1251 of this chapter. Compliance with this
paragraph (e) is required no later than [date 5 years and 120 days
after publication of the final rule].
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

    9. The authority citation for part 121 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.

    10. Revise Sec.  121.1(c) to read as follows:

Sec.  121.1  Applicability.

* * * * *
    (c) Each person who applies for initial or provisional approval of
an Advanced Qualification Program curriculum, curriculum segment, or
portion of a curriculum under subpart Y of this part and each person
employed or used by a person authorized to conduct operations under
this part to perform training, qualification, or evaluation functions
in accordance with an Advanced Qualification Program under subpart Y of
this part.
* * * * *
    11. Add Sec.  121.9 to read as follows:

Sec.  121.9  Fraud, falsification, or incorrect statements.

    (a) No person may make, or cause to be made, any of the following:
    (1) A fraudulent or intentionally false statement in any
application or any amendment thereto, or in any other record or test
result required by this part or by any QPS associated with this part.
    (2) A fraudulent or intentionally false statement in, or a known
omission from, any record or report that is kept, made, or used to show
compliance with this part or with any QPS associated with this part, or
to exercise any privileges under this chapter.
    (b) The commission by any person of any act prohibited under
paragraph (a) of this section is a basis for any one or any combination
of the following:
    (1) A civil penalty.
    (2) Suspension or revocation of any certificate held by that person
that was issued under this chapter.
    (3) The denial of an application for approval of a training program
established under this part.
    (4) The removal of approval for a training program established
under this part.

    (c) The following may result in denial of an application or removal
of approval for a training program established under this part:
    (1) An incorrect statement, upon which the FAA relied or could have
relied, made in support of an application for approval of a training
program.
    (2) An incorrect entry, on which the FAA relied or could have
relied, made in any training records or test results required to be
kept, made, or used to show compliance with any requirement of this
part or with any QPS associated with this subpart.
    (d) Compliance with the requirements of this section is required no
later than [date 5 years and 120 days after publication of the final
rule].
    12. Amend Sec.  121.125 by adding paragraph (e) to read as follows:

Sec.  121.125  Flight following system.

* * * * *
    (e) Compliance with this section is not required on or after [date
5 years and 120 days after publication of the final rule].
    13. Add Sec.  121.126 to read as follows:

Sec.  121.126  Flight following system.

    Compliance with this section is required no later than [insert date
5 years and 120 days after publication of the final rule].
    (a) Each certificate holder conducting supplemental operations must
show that it has--
    (1) An approved flight following system established in accordance
with subpart U of this part and adequate for the proper monitoring of
each flight, considering the operations to be conducted; and
    (2) Flight following centers located at those points necessary--
    (i) To ensure the proper monitoring of the progress of each flight
with respect to its departure at the point of origin and arrival at its
destination, including intermediate stops and diversions therefrom, and
maintenance or mechanical delays encountered at those points or stops;
and
    (ii) To ensure that the pilot in command is provided with all
information necessary for the safety of the flight.
    (b) A certificate holder conducting supplemental operations must
use aircraft dispatchers qualified in accordance with the requirements
in subpart CC of this part. A certificate holder may request a
deviation from the employment requirement in Sec.  121.1411(a) provided
the certificate holder meets the requirements of Sec.  121.1411(b).
    (c) The certificate holder's operations specifications specify the
flight following system it is authorized to use and the location of the
centers.
    14. Revise Sec.  121.127(a)(1) introductory text to read as
follows:

Sec.  121.127  Flight following system; requirements.

    (a) * * *
    (1) The system has adequate facilities and the personnel required
by either Sec.  121.125 or Sec.  121.126 to provide the information
necessary for the initiation and safe conduct of each flight to--
* * * * *
    15. Amend Sec.  121.133 by adding paragraph (c) to read as follows:

Sec.  121.133  Preparation.

* * * * *
    (c) Compliance with this section is not required on or after [date
5 years and 120 days after publication of the final rule].
    16. Add Sec.  121.134 to read as follows:

Sec.  121.134  Preparation of manuals.

    (a) Each certificate holder must prepare and keep current a manual
for the use and guidance of flight and ground operations, and
management personnel in conducting its operations.
    (b) The certificate holder may prepare the manual, in whole or in
part, in printed form or other form acceptable to the Administrator.
The manual must include the instructions and information necessary to
allow crewmembers and aircraft dispatchers to perform their required
safety-related duties and responsibilities with the highest possible
degree of safety. The manual, and any changes, must be approved by the
Administrator and contain the following:
    (1) A Flight Attendant Operating Manual (FAOM) that addresses the
safety-related duties and responsibilities for each aircraft type
operated by the certificate holder in operations under this part.
    (2) A Flightcrew Member Operating Manual (FCOM) that addresses the
safety-related duties and responsibilities for each aircraft type
operated by the certificate holder in operations under this part.
    (3) An Aircraft Dispatcher Procedures Manual (ADPM) that addresses
the safety-related duties and responsibilities for all types of
operations and, if required, the aircraft types,
    (c) Compliance with the requirements of this section is required no
later than [date 5 years and 120 days after publication of final rule].
    17. Amend Sec.  121.135 by adding introductory text, to read as
follows:

Sec.  121.135  Manual contents.

    Compliance with this section is not required on or after [date 5
years and 120 days after publication of the final rule].
* * * * *
    18. Add Sec.  121.136 to read as follows

Sec.  121.136  Manual contents.

    (a) Each manual required by Sec.  121.134 must--
    (1) Include instructions and information necessary to allow the
personnel concerned to perform their duties and responsibilities with a
high degree of safety;
    (2) Be in a form that is easy to revise;
    (3) Have the date of last revision on each page concerned; and
    (4) Not be contrary to any applicable Federal regulation and, in
the case of a flag or supplemental operation, any applicable foreign
regulation, or the certificate holder's operations specifications or
operating certificate.
    (b) The manual may be in two or more separate parts, containing
together all of the following information, but each part must contain
that part of the information that is appropriate for each group of
personnel:
    (1) General policies.
    (2) Duties and responsibilities of each crewmember, appropriate
members of the ground organization, and management personnel.
    (3) Reference to appropriate Federal Aviation Regulations.
    (4) Flight dispatching and operational control, including
procedures for coordinated dispatch or flight control or flight
following procedures, as applicable.
    (5) En route flight, navigation, and communication procedures,
including procedures for the dispatch or release or continuance of
flight if any item of equipment required for the particular type of
operation becomes inoperative or unserviceable en route.
    (6) For domestic or flag operations, appropriate information from
the en route operations specifications, including for each approved
route the types of airplanes authorized, the type of operation such as
VFR, IFR, day, night, etc., and any other pertinent information.
    (7) For supplemental operations, appropriate information from the
operations specifications, including the area of operations authorized,
the types of airplanes authorized, the type of operation such as VFR,
IFR, day, night, etc., and any other pertinent information.
    (8) Appropriate information from the airport operations
specifications, including for each airport--

    (i) Its location (domestic and flag operations only);
    (ii) Its designation (regular, alternate, provisional, etc.)
(domestic and flag operations only);
    (iii) The types of airplanes authorized (domestic and flag
operations only);
    (iv) Instrument approach procedures;
    (v) Landing and takeoff minimums; and
    (vi) Any other pertinent information.
    (9) Takeoff, en route, and landing weight limitations.
    (10) For ETOPS, airplane performance data to support all phases of
these operations.
    (11) Procedures for familiarizing passengers with the use of
emergency equipment, during flight.
    (12) Emergency equipment and procedures.
    (13) The method of designating succession of command of flightcrew
members.
    (14) Procedures for determining the usability of landing and
takeoff areas, and for disseminating pertinent information thereon to
operations personnel.
    (15) Procedures for operating in periods of ice, hail,
thunderstorms, turbulence, or any potentially hazardous meteorological
condition.
    (16) Each training program curriculum required by Sec.  121.1333.
    (17) Instructions and procedures for maintenance, preventive
maintenance, and servicing.
    (18) Time limitations, or standards for determining time
limitations, for overhauls, inspections, and checks of airframes,
engines, propellers, appliances and emergency equipment.
    (19) Procedures for refueling aircraft, eliminating fuel
contamination, protection from fire (including electrostatic
protection), and supervising and protecting passengers during
refueling.
    (20) Airworthiness inspections, including instructions covering
procedures, standards, responsibilities, and authority of inspection
personnel.
    (21) Methods and procedures for maintaining the aircraft weight and
center of gravity within approved limits.
    (22) Where applicable, pilot and dispatcher route and airport
qualification procedures.
    (23) Accident notification procedures.
    (24) For passenger flag operations and for those supplemental
operations that are not all-cargo operations outside the 48 contiguous
States and Alaska,
    (i) For ETOPS greater than 180 minutes a specific passenger
recovery plan for each ETOPS Alternate Airport used in those
operations, and
    (ii) For operations in the North Polar Area and South Polar Area a
specific passenger recovery plan for each diversion airport used in
those operations.
    (25)(i) Procedures and information, as described in paragraph
(b)(25)(ii) of this section, to assist each crewmember and person
performing or directly supervising the following job functions
involving items for transport on an aircraft:
    (A) Acceptance;
    (B) Rejection;
    (C) Handling;
    (D) Storage incidental to transport;
    (E) Packaging of company material; or
    (F) Loading.
    (ii) Ensure that the procedures and information described in this
paragraph are sufficient to assist the person in identifying packages
that are marked or labeled as containing hazardous materials or that
show signs of containing undeclared hazardous materials. The procedures
and information must include:
    (A) Procedures for rejecting packages that do not conform to the
Hazardous Materials Regulations in 49 CFR parts 171 through 180 or that
appear to contain undeclared hazardous materials;
    (B) Procedures for complying with the hazardous materials incident
reporting requirements of 49 CFR 171.15 and 171.16 and discrepancy
reporting requirements of 49 CFR 175.31
    (C) The certificate holder's hazmat policies and whether the
certificate holder is authorized to carry, or is prohibited from
carrying, hazardous materials; and
    (D) If the certificate holder's operations specifications permit
the transport of hazardous materials, procedures and information to
ensure the following:
    (1) That packages containing hazardous materials are properly
offered and accepted in compliance with 49 CFR parts 171 through 180;
    (2) That packages containing hazardous materials are properly
handled, stored, packaged, loaded, and carried on board an aircraft in
compliance with 49 CFR parts 171 through 180;
    (3) That the requirements for Notice to the Pilot in Command (49
CFR 175.33) are complied with; and
    (4) That aircraft replacement parts, consumable materials or other
items regulated by 49 CFR parts 171 through 180 are properly handled,
packaged, and transported.
    (26) Each task specified in each of the crewmember and aircraft
dispatcher Qualification Performance Standards (QPS) must be tailored
to the specific aircraft type as provided in the FAOM, FCOM, or ADPM
and must be trained or evaluated as indicated in the appropriate QPS.
    (27) Each FCOM must also include the contents described in Sec.
23.1581(a)(1) or Sec.  25.1581(a)(1) of this chapter, as appropriate
for the specific aircraft type.
    (28) Other information or instructions relating to safety.
    (c) Each certificate holder shall maintain at least one complete
copy of the manual at its principal base of operations.
    (d) Compliance with the requirements of this section is required no
later than [date 5 years and 120 days after publication of the final
rule].
    19. Revise Sec.  121.141 to read as follows:

Sec.  121.141  Airplane flight manual.

    Each certificate holder must keep a current approved Airplane
Flight Manual for each type of airplane that it operates except for
nontransport category aircraft certificated before January 1, 1965.
    20. Add Sec.  121.392 to read as follows:

Sec.  121.392  Personnel identified as flight attendants.

    (a) Any person identified by the certificate holder as a flight
attendant on an aircraft in operations under this part must be trained
and qualified in accordance with subpart BB of this part. This
includes:
    (1) Flight attendants provided by the certificate holder in excess
of the number required by Sec.  121.391(a) and (b);
    (2) Flight attendants provided by the certificate holder on an
aircraft having a passenger seating capacity of 9 or less; and
    (3) Flight attendants provided by the certificate holder on an
aircraft with a payload capacity of 7,500 pounds or less and a
passenger seating capacity of 19 or less.
    (b) A qualifying flight attendant who is gaining aircraft operating
experience on an aircraft in operations under this part must be
identified to passengers as a qualifying flight attendant.
    (c) Compliance with the requirements of this section is required no
later than [date 5 years and 120 days after publication of final rule].

Sec.  121.393  [Amended]

    21. Amend Sec.  121.393(a) introductory text and (b)(2) by removing
the reference to ``Sec.  121.417'' in both paragraphs and adding in its
place ``Sec.  121.1373 or 121.417, as applicable.''
    22. Amend Sec.  121.400 by adding paragraph (d) and a note to
paragraph (d), to read as follows:

Sec.  121.400  Applicability and terms used.

* * * * *

    (d) Except for Sec.  121.429, the provisions of this subpart, and
Appendices E, F, and H of this part, expire on [date 5 years and 120
days after publication of the final rule]. After [date 5 years and 120
days after publication of the final rule], all training programs must
be established and maintained in accordance with the provisions in
subparts BB and CC of this part, or in accordance with the certificate
holder's approved Advanced Qualification Program under subpart Y of
this part.
    Note to paragraph (d): See Sec. Sec.  121.1202 and 121.1402 for
provisions outlining the process for transitioning from training
programs established in accordance with subparts N, O, and P of this
part, to the training program requirements provided in subparts BB
and CC of this part.
    23. Amend Sec.  121.431 by adding paragraph (c), and a note to
paragraph (c), to read as follows:

Sec.  121.431  Applicability.

* * * * *
    (c) Except for Sec. Sec.  121.455, 121.457, 121.458, and 121.459,
the provisions of this subpart, and Appendices E, F, and H of this
part, expire on [date 5 years and 120 days after publication of the
final rule]. After [date 5 years and 120 days after publication of the
final rule], all training programs must be established and maintained
in accordance with the provisions in subparts BB and CC of this part,
or in accordance with the certificate holder's approved Advanced
Qualification Program under subpart Y of this part.

    Note to paragraph (c): See Sec. Sec.  121.1202 and 121.1402 for
provisions outlining the process for transitioning from training
programs established in accordance with subparts N, O, and P of this
part, to the training program requirements provided in subparts BB
and CC of this part.

    24. Amend Sec.  121.465 by revising paragraphs (b) and (c) to read
as follows:

Sec.  121.465  Aircraft dispatcher duty time limitations: Domestic and
flag operations.

* * * * *
    (b) Except as provided in paragraph (c) of this section, no
certificate holder may assign an aircraft dispatcher and no aircraft
dispatcher may accept an assignment for duty time that exceeds 10
consecutive hours of duty.
    (1) If an aircraft dispatcher is scheduled for more than 10 hours
of duty in 24 consecutive hours, the aircraft dispatcher must have a
rest period of at least 8 hours at or before the end of 10 hours of
duty.
    (2) Each aircraft dispatcher must be relieved of all duty with the
certificate holder for at least 24 consecutive hours during any seven
consecutive days or the equivalent thereof within any calendar month.
    (c) An aircraft dispatcher is not considered to be scheduled for
duty in excess of the limitations in paragraph (b) of this section if
the duty time is exceeded due to circumstances or emergency conditions
beyond the control of the certificate holder.
    26. Add Sec.  121.536 to read as follows:

Sec.  121.536  Responsibility for operational control: Supplemental
operations.

    Compliance with this section is required no later than [date 5
years and 120 days after publication of final rule].
    (a) Each certificate holder conducting supplemental operations--
    (1) Is responsible for operational control; and
    (2) Must list each person authorized by it to exercise operational
control in its operator's manual.
    (b) The pilot in command and the aircraft dispatcher are jointly
responsible for the preflight planning, delay, and flight release of a
flight in compliance with this chapter and operations specifications.
    (c) The aircraft dispatcher is responsible for--
    (1) Monitoring the progress of each flight;
    (2) Issuing necessary instructions and information for the safety
of the flight; and
    (3) Cancelling or redispatching a flight if, in his opinion or the
opinion of the pilot in command, the flight cannot operate or continue
to operate safely as planned or released.
    (d) Each pilot in command of an aircraft is, during flight time, in
command of the aircraft and crew and is responsible for the safety of
the passengers, crewmembers, cargo, and aircraft. The pilot in command
has full control and authority in the operation of the aircraft,
without limitation, over other crewmembers and their duties during
flight time, whether or not he holds valid certificates authorizing him
to perform the duties of those crewmembers.
    (e) Each pilot in command of an aircraft is responsible for the
preflight planning and the operation of the flight in compliance with
this chapter and the operations specifications.
    (f) No pilot may operate an aircraft, in a careless or reckless
manner, so as to endanger life or property.
    27. Add introductory text to Sec.  121.537, to read as follows:

Sec.  121.537  Responsibility for operational control: Supplemental
operations.

    Compliance with this section is not required on or after [date 5
years and 120 days after publication of the final rule].
* * * * *
    28. Add Sec.  121.540 to read as follows:

Sec.  121.540  Manual procedures requirements.

    Each crewmember must perform the safety-related duties and tasks
that satisfy regulatory requirements contained in the manual required
by Sec.  121.134, and each certificate holder must ensure that each
crewmember is trained and checked in the respective safety-related
duties and responsibilities contained in the manual required by Sec.
121.134. The information, instructions, duties, and responsibilities
must include standard operating procedures, abnormal procedures, non-
normal procedures, emergency procedures, airplane performance, and
airplane limitations. Compliance with this section is required no later
than [date 5 years and 120 days after publication of the final rule].
    29. Amend Sec.  121.543 by adding paragraph (c), to read as
follows:

Sec.  121.543  Flightcrew members at controls.

* * * * *
    (c) The requirements of this section will expire on [5 years and
120 days after publication of the final rule]. After [date 5 years and
120 days after publication of the final rule], the requirements of
Sec.  121.1241 apply.
    30. Revise Sec.  121.553 to read as follows:

Sec.  121.553  Restriction or suspension of operation: Supplemental
operations.

    When a certificate holder conducting supplemental operations or
pilot in command knows of conditions, including airport and runway
conditions, that are a hazard to safe operations, the certificate
holder, pilot in command, or other individual authorized to exercise
operational control, must restrict or suspend operations until those
conditions are corrected.
    31. Amend Sec.  121.597 by revising paragraph (b) to read as
follows:

Sec.  121.597  Flight release authority: Supplemental operations.

* * * * *
    (b) No person may start a flight unless the pilot in command and
the person authorized by the operator to exercise operational control
over the flight have executed a flight release setting forth the
conditions under which the flights will be conducted. The pilot in
command may sign the flight release only when he and the person
authorized by the operator to exercise operational control

believe that the flight can be made with safety.
* * * * *
    32. Revise Sec.  121.623 to read as follows:

Sec.  121.623  Alternate airport for destination: IFR or over-the-top:
Supplemental operations.

    (a) Except as provided in paragraphs (b) and (c) of this section,
each person releasing an aircraft for operation under IFR or over-the-
top shall list at least one alternate airport for each destination
airport in the flight release.
    (b) Provided a certificate holder meets the requirements of Sec.
121.126, for domestic operations, no alternate airport is required if
for at least 1 hour before and 1 hour after the estimated time of
arrival at the destination airport the appropriate weather reports or
forecasts, or any combination of them, indicate--
    (1) The ceiling will be at least 2,000 feet above the airport
elevation; and
    (2) Visibility will be at least 3 miles.
    (c) An alternate airport need not be designated for IFR or over-
the-top operations where the aircraft carries enough fuel to meet the
requirements of Sec. Sec.  121.643 and 121.645 for flights outside the
48 contiguous States and the District of Columbia over routes without
an available alternate airport for a particular airport of destination.
    (d) For the purposes of paragraph (a) of this section, the weather
requirements at the alternate airport must meet the requirements of the
certificate holder's operations specifications.
    (e) No person may release a flight unless he lists each required
alternate airport in the flight release.
    33. Amend Sec.  121.683, by adding introductory text to read as
follows:

Sec.  121.683  Crewmember and dispatcher record.

    Compliance with this section is not required on and after [date 5
years and 120 days after publication of the final rule].
* * * * *
    34. Add Sec.  121.684 to read as follows:

Sec.  121.684  Crewmember and dispatcher record.

    Compliance with this section is required no later than [date 5
years and 120 days after publication of the final rule].
    (a) Each certificate holder must maintain current records for each
crewmember and dispatcher in accordance with the following
requirements:
    (1) The records must show whether the crewmember or aircraft
dispatcher complies with the applicable sections of this chapter,
including proficiency and route checks, airplane and route
qualifications, training, and all required physical examinations,
flight time, and duty and rest periods.
    (2) Training records must include qualifications, instruction,
certificate and ratings, and satisfactory proficiency evaluations. For
flightcrew members, the training records must also include both
satisfactory and unsatisfactory performance evaluations, as well as
comments and evaluations made by a check person designated under
Sec. Sec.  121.1251, 121.1271, 125.295, or 135.337 of this chapter.
    (3) For flightcrew members and aircraft dispatchers, records must
show any disciplinary action that was taken with respect to the
individual that was not later overturned.
    (4) For flightcrew members and aircraft dispatchers, records must
show any release from employment or resignation, termination, or
disqualification with respect to employment.
    (b) Except for records on flight time, and duty and rest periods,
crewmember and aircraft dispatcher records must be maintained for at
least 5 years.
    (c) Each certificate holder conducting supplemental operations must
maintain the records required by this section at its principal base of
operations, or at another location used by it and approved by the
Administrator.
    (d) Computer record systems approved by the Administrator may be
used in complying with the requirements of this section.
    35. Amend Sec.  121.689 by adding paragraph (d) to read as follows:

Sec.  121.689  Flight release form: Supplemental operations.

* * * * *
    (d) Compliance with this section is not required on or after [date
5 years and 120 days after publication of final rule].
    36. Add Sec.  121.690 to read as follows:

Sec.  121.690  Flight release form: Supplemental operations.

    Compliance with this section is required no later than [date 5
years and 120 days after publication of the final rule].
    (a) The flight release may be in any form but must contain at least
the following information concerning each flight:
    (1) Identification number of the aircraft.
    (2) Trip number.
    (3) Departure airport, intermediate stops, destination airports,
and alternate airports.
    (4) A statement of the type of operation (e.g., IFR, VFR).
    (5) Minimum fuel supply.
    (6) For each flight released as an ETOPS flight, the ETOPS
diversion time for which the flight is released.
    (7) Signatures of the pilot in command and dispatcher.
    (b) The flight release must contain, or have attached to it,
weather reports, available weather forecasts, or a combination thereof,
for the destination airport, intermediate stops, and alternate
airports, that are the latest available at the time the release is
signed by the pilot in command and dispatcher. It may include any
additional available weather reports or forecasts that the pilot in
command or the aircraft dispatcher considers necessary or desirable.
    37. Revise Sec.  121.711 to read as follows:

Sec.  121.711  Communication records: Domestic, flag, and supplemental
operations.

    (a) Each certificate holder conducting domestic, flag, or
supplemental operations must record each en route radio contact between
the certificate holder and its pilots, and must keep that record for at
least 30 days. The record must contain at least the following
information:
    (1) The date and time of the contact;
    (2) The flight number;
    (3) Aircraft registration number;
    (4) Approximate position of the aircraft during the contact;
    (5) Call sign; and
    (6) Narrative of the contact.
    (b) Compliance with Sec.  121.711(a)(1) through (a)(6) is required
no later than [date 120 days after publication of the final rule].
    38. Amend Sec.  121.805 by revising paragraph (b)(5)(iii) and
adding paragraph (b)(5)(iv) to read as follows:

Sec.  121.805  Crewmember training for in-flight medical events.

* * * * *
    (b) * * *
    (5) * * *
    (iii) Recurrent training, to include performance drills, in the
proper use of an automated external defibrillator and in
cardiopulmonary resuscitation at least once every 24 months. Compliance
with this paragraph is not required on or after [date 5 years and 120
days after publication of the final rule].
    (iv) Recurrent training, to include performance drills, in the
proper use of an automated external defibrillator and in
cardiopulmonary resuscitation at least once every 12 months. Compliance
with this requirement is required no

later than [date 5 years and 120 days after publication of the final
rule].
* * * * *

Sec.  121.901  [Amended]

    39. Amend Sec.  121.901(b) by removing the reference to ``Sec.
121.401'' and adding in its place ``Sec.  121.1331, or the provisions
of subpart N and O of this part, as applicable''.

Sec.  121.909  [Amended]

    40. Amend Sec.  121.909(d) by removing the reference to ``Sec.
121.405(e)'' and adding in its place ``Sec.  121.1337(e) or Sec.
121.405, as applicable''.
    41. Add subpart BB to part 121, consisting of Sec. Sec.  121.1201
through 121.1387, to read as follows:
Subpart BB--Requirements for Qualification, Service, and Use of
Crewmembers

General

Sec.
121.1201 Applicability.
121.1202 Interim requirements for training programs transitioning
from the requirements of subparts N and O of this part.
121.1203 Certificate holder responsibility for compliance with this
subpart.
121.1205 Definitions.
121.1206 Designation of related aircraft.
121.1207 Certification requirements: Crewmembers, flight
instructors, check pilots, check captain, and check flight
engineers.
121.1209 English language requirement.
121.1211 Medical certificate requirements.
121.1213 Pilot monitoring (not flying) duties.
121.1215 Modification of training program.

Flightcrew Member

121.1221 Flightcrew member: Training and evaluation.
121.1223 Flightcrew member: Recurrent training and evaluation
schedule for continuing qualification.
121.1225 Flightcrew member: Operating experience.
121.1227 Pilot: Consolidation.
121.1229 Pilot: Recent experience.
121.1230 Deviation from Sec. Sec.  121.1225, 121.1227, and 121.1229.
121.1231 Flight engineer: Recent experience.
121.1233 Line checks.
121.1235 Pilot: Routes and airports.
121.1237 Pilot: Operating limitations and crew pairing.
121.1239 Flightcrew member: Requalification.
121.1241 Flightcrew members at controls.

Check Pilot and Check Flight Engineer Qualification

121.1251 Eligibility: Check pilot, check flight engineer, Aircrew
Program Designee (APD), and Flight Instructor.
121.1253 Check pilot and check flight engineer: Training,
evaluation, approval, and recent experience.
121.1255 IOE Pilot: Additional training requirements.
121.1257 Check airmen: Initial cadre.

Aircrew Program Designee Qualification

121.1271 Aircrew Program Designee (APD): Training, evaluation, and
recent experience.

Flight Instructor Qualification

121.1281 Instructor (Academic and Job Performance): Training,
evaluation and recent experience.

Flight Attendant Instructor Qualification

121.1291 Flight attendant instructor: Qualification and training.

Flight Attendant

121.1301 Flight attendant: Training and evaluation.
121.1303 Flight attendant: Continuing qualification.
121.1305 Flight attendant: Aircraft operating experience.
121.1309 Flight attendant: Requalification.

Check Flight Attendant Qualification

121.1321 Check flight attendant: Eligibility, approval,
qualification, and continuing qualification.
121.1323 Check flight attendant: Initial cadre.

General Training Program Requirements

121.1331 Training program: General.
121.1333 Training program: General curriculum requirements.
121.1335 Training program: Curriculum category programmed hours.
121.1337 Training program: Approval and amendment process.
121.1339 Training program: Contract training requirements.
121.1341 Training program: Individuals administering training or
evaluation and unauthorized use of equipment and facilities in
training programs.
121.1343 Training program: Academic evaluation.
121.1345 Training program: Mandatory use of flight simulation
training devices.
121.1349 Training program: Limitations on the use of flight
simulation training devices.
121.1351 Training program: Training equipment other than flight
simulation training devices.
121.1353 Training program: Line Oriented Flight Training (LOFT) and
Full Flight Simulator (FFS) Course of Instruction.
121.1355 Training program: Continuous analysis process.

Curriculum Category Requirements

121.1363 Curriculum category requirements: Crewmember new hire.
121.1365 Curriculum category requirements: Pilot and flight engineer
initial, conversion, transition, and upgrade, academic and job
performance training.
121.1367 Curriculum category requirements: Pilot and flight engineer
recurrent academic, recurrent job performance, and recurrent
aircraft emergency equipment training and evaluation.
121.1369 Curriculum category requirements: Flight attendant initial
and transition training.
121.1371 Curriculum category requirements: Flight attendant
eligibility for transition training.
121.1373 Curriculum category requirements: Flight attendant
emergency training.
121.1375 Curriculum category requirements: Flight attendant
recurrent training.
121.1377 Curriculum category requirements: Flight instructor
initial, transition, and recurrent academic training.
121.1379 Curriculum category requirements: Flight instructor initial
and transition job performance training.
121.1381 Curriculum category requirements: Check pilot, check flight
engineer, or check flight attendant initial, transition, and
recurrent academic training.
121.1383 Curriculum category requirements: Check pilot and check
flight engineer initial, transition, and recurrent job performance
training.
121.1387 Curriculum category requirements: Initial, transition, and
recurrent academic training for persons authorized to administer
flight attendant proficiency tests.

Subpart BB--Requirements for Qualification, Service, and Use of
Crewmembers

General

Sec.  121.1201  Applicability.

    (a) This subpart prescribes the following:
    (1) Requirements for qualification, service, and use for:
    (i) Persons who serve in operations under this part as crewmembers,
flight instructors, check pilots, check flight engineers, aircrew
program designees (APDs), designated flight engineer examiners, flight
attendant instructors, check flight attendants, or persons authorized
to conduct flight attendant proficiency tests.
    (ii) Persons who serve in operations under part 135 of this chapter
for a certificate holder that is permitted or required by Sec.  135.3
of this chapter to conduct training curriculums in compliance with this
subpart.
    (2) Requirements applicable to each certificate holder for
establishing, obtaining approval of, and maintaining a training
program, for crewmembers, flight instructors, check pilots, check
flight engineers, APDs, designated flight engineer examiners, flight
attendant instructors, check flight attendants, and persons authorized
to conduct flight attendant proficiency tests, who serve under this
part.
    (3) Requirements applicable to persons other than the certificate

holder's employees who are used by the certificate holder to assist in
meeting the certificate holder's responsibilities under this subpart.
    (b) Any person qualified in a duty position for the certificate
holder before [date 120 days after publication of the final rule], or
qualified under the provisions in subparts N and O of this part, may
continue to serve in that duty position for that certificate holder
without complying with new hire training under Sec.  121.1363, initial
training under Sec.  121.1365 or Sec.  121.1369, operating experience
under Sec.  121.1305, or emergency training under Sec.  121.1373.
    (c) Any person qualified in a training or evaluation position, for
the certificate holder before [date 120 days after publication of the
final rule], or qualified under the provisions in subparts N and O of
this part, may continue to serve in that training or evaluation
position for that certificate holder during the transition to the
requirements of this subpart.

Sec.  121.1202  Interim requirements for training programs
transitioning from the requirements of subparts N and O of this part.

    (a) Contrary provisions of this subpart notwithstanding, a person
who has submitted a training program for approval before [date 120 days
after publication of the final rule] that was constructed in accordance
with the applicable provisions of subparts N and O of this part in
effect on or before [date 119 days after publication of the final
rule], may complete the approval and implementation process and conduct
operations in compliance with the applicable provisions of subparts N
and O of this part instead of the provisions of this subpart BB.
    (b) A certificate holder must submit a transition plan to the FAA
no later than [date 4 years and 120 days after publication of the final
rule]. The transition plan must include the following:
    (1) Subpart BB training program(s), as applicable.
    (2) Plan for transition for crewmembers and persons involved in
training or evaluation of crewmembers from the provisions of subparts N
and O to the provisions of this subpart.
    (3) A transition completion date that is before [date 5 years and
120 days after the publication of the final rule].
    (c) During the transition, the certificate holder may use people to
conduct operations under this part provided those people are trained
under the applicable provisions of subparts N and O of this part, or
this subpart. While a certificate holder may simultaneously operate
training programs in compliance with the applicable provisions of
subparts N and O of this part and this subpart, each individual
(crewmember or aircraft dispatcher) must be trained and qualified under
the requirements of either the applicable provisions of subparts N and
O of this part, or the applicable provisions of this subpart.
    (d) The certificate holder may not use a crewmember, nor may a
crewmember serve, in a duty position unless that person is current and
qualified to perform the duties to which he or she is assigned. If,
during the operation of the aircraft, one required crewmember is
current and qualified in accordance with the appropriate provisions of
subparts N and O of this part, and another required crewmember is
current and qualified in accordance with this subpart, the lesser
qualification requirements apply for that duty position for that
operation.
    (e) For certificate holders who have an approved AQP curriculum
under subpart Y of this part, or have applied for approval of a
training program under subpart Y of this part on or before [date 119
days after publication of the final rule], these certificate holders
must submit a revision to the Qualification Standards Document as
prescribed under Sec.  121.909(b)(4), indicating specifically the
provisions of this subpart BB and subpart CC of this part that would be
replaced by the AQP curriculum. The certificate holder must provide a
justification and a continuing process approved by the FAA to show how
the AQP curriculum provides an equivalent level of safety for each
requirement of this subpart BB and subpart CC of this part that is to
be replaced by the AQP curriculum. This document must be submitted
before [date 5 years and 120 days after the publication of the final
rule], and will be subject to review and FAA approval under Sec.
121.909.

Sec.  121.1203  Certificate holder responsibility for compliance with
this subpart.

    Responsibility for compliance with the requirements of this subpart
applies as follows:
    (a) Each certificate holder is responsible for ensuring that its
approved training program, including all portions of the training
program conducted by persons other than the part 119 certificate
holder's employees, meets the requirements of this subpart.
    (b) Each certificate holder is responsible for ensuring that all
training program procedures, manuals, and other materials submitted for
initial or final approval are kept up to date.
    (c) Each certificate holder is responsible for ensuring that all
training and evaluation is completed in accordance with the
requirements of this subpart. Training or evaluation that does not meet
the definition of complete, as used in this subpart, must be repeated
to ensure that the requirements of this subpart are met.

Sec.  121.1205  Definitions.

    For the purpose of this subpart, the following terms and their
definitions apply: Academic evaluation. This is a written, oral, or
electronic test of the knowledge obtained during academic training.
    Academic training. This is instruction and practice that provides
individuals with the required knowledge and cognitive skills necessary
to perform the tasks required for the crewmember duty position,
instructor, or evaluator duty position.
    Actual fire. A fire fueled by ignited combustible material, in
controlled conditions, of sufficient magnitude and duration to complete
crewmember training requirements for the firefighting drill as
contained in the Pilot QPS, Flight Engineer QPS, and Flight Attendant
QPS.
    Aircrew Program Designee (APD). An employee of the certificate
holder who is authorized to perform airman certification on behalf of
the FAA, in one type of aircraft for the certificate holder's
flightcrew members who have been trained under the certificate holder's
FAA-approved training program.
    Airplane Flight Manual (AFM). A document that contains aircraft
operating limitations, operating procedures, and performance
information. The FAA may review and approve amendments to the operating
limitations section of the AFM. Amendments to the AFM that are adopted
via Airworthiness Directives are enforceable by the FAA.
    Approved fire extinguisher device. A training device that has been
approved by the FAA for use in meeting crewmember training requirements
for operation of a specific type of aircraft installed hand fire
extinguisher as contained in the Pilot QPS, Flight Engineer QPS, and
Flight Attendant QPS.
    Approved protective breathing equipment (PBE) device. A training
device that has been approved by the FAA for use in meeting crewmember
training requirements for operation of a specific type of protective
breathing equipment as contained in the Pilot, Flight Engineer, and
Flight Attendant QPS.

    Base month. The month in which a recurrent activity is due.
    Basic Qualification (flight attendant). All requirements that a
person must complete prior to working his or her first flight for a
certificate holder as a flight attendant. It includes the following
curriculum categories: new hire, initial, emergency, and differences,
as applicable, as well as aircraft operating experience.
    Certificate holder. A person certificated under part 119 of this
chapter that conducts operations under part 121, or a person
certificated under part 119 of this chapter that conducts operations
under part 135 of this chapter and is permitted or required by Sec.
135.3 of this chapter to conduct training curriculums in compliance
with this subpart.
    Check airman (flight engineer). A person who is qualified and
authorized by the FAA to conduct flight engineer training and
evaluation required by this part and certifies the proficiency and
knowledge of those flight engineers receiving the training and
evaluation.
    Check airman (pilot). A person who is qualified and authorized by
the FAA to conduct flight training and evaluation required by this part
and certifies the proficiency and knowledge of those pilots receiving
the training and evaluation.
    Check flight attendant. A person who meets the qualification and
training requirements for a check flight attendant and is authorized to
evaluate a person who is completing aircraft operating experience as
required by the Flight Attendant QPS.
    Check person. A person who meets the training and qualification
requirements to serve as an aircrew program designee, check pilot,
check flight engineer, or check flight attendant.
    Combat. To properly fight an actual fire or simulated fire using an
appropriate type of fire extinguisher until that fire is extinguished.
    Complete. To fully carry out the training or evaluation required by
this subpart, including being eligible to receive or administer the
training or evaluation, and demonstrating the required level of
proficiency. In addition, for flightcrew members, performing the
training or evaluation in a flight simulation training device (FSTD)
appropriately qualified in accordance with the requirements of part 60
of this chapter.
    Consolidation. The process by which a person through practice and
practical experience increases proficiency in newly acquired knowledge
and skills.
    Conversion. A curriculum category used to qualify a flightcrew
member when that person has qualified and served in that crewmember
position on the same aircraft type for another certificate holder
conducting operations under this part.
    Crewmember Duty Position. A crewmember duty position is a pilot in
command, second in command, flight engineer, or flight attendant
serving in operations under this part.
    Current. Current means satisfying the recency of experience
requirements prescribed in Sec.  121.1229 or Sec.  121.1231.
    Currently Serving. Currently serving means current and qualified as
defined in this subpart.
    Curriculum. A curriculum is the category or categories of training
and evaluation required to qualify a person for a crewmember duty
position, or an instructor or evaluator duty position for an aircraft
type. The curriculum includes the categories of training and
evaluation, the programmed hours for training and evaluation, and the
appropriate subjects, tasks and maneuvers.
    Curriculum category. Parts of a curriculum that relate to
qualification experience levels, first time qualification for a
certificate holder, first time qualification in group (applicable to
flightcrew members), configuration differences within type or series,
maintaining and regaining qualification, and changes in operations.
Curriculum categories include: new hire, initial, transition,
conversion, upgrade, emergency, differences, recurrent,
requalification, and special. Each curriculum category contains
academic training and evaluation, and job performance training and
evaluation, as required.
    Differences. A curriculum category that establishes training and
evaluation requirements, as appropriate, for a particular aircraft type
when the FAA finds additional training, or training and evaluation, is
necessary before a person serves in the same capacity on a particular
variation within a series of an aircraft type or a different series
within an aircraft type.
    Eligibility Period. The eligibility period consists of the month in
which the recurrent activity is due (the ``base month''), the month
before and the month after (the ``grace month'').
    Emergency training (flight attendant). A curriculum category that
qualifies flight attendants to conduct emergency procedures, operate
emergency equipment, and enhance passenger and crewmember
survivability.
    Environment. A combination of external, physical, and surrounding
conditions that affect aircraft performance, aircraft and equipment
operation, and decisionmaking.
    Evaluation. Any testing or checking, in which a person's knowledge
and skills are assessed by a person authorized to perform that
evaluation.
    Exit device. Exit device means emergency exit doors, plugs, and
hatches, including window exits, floor level exits, tailcone exits,
ventral stairs, flight deck exits, and any other exit designed for
passenger or crewmember egress from the aircraft.
    Flight Attendant Jumpseat. A flight attendant jumpseat is a seat
located in the cabin of an aircraft that meets the requirements of
Sec.  121.311(g).
    Flight Attendant Operating Manual (FAOM). An FAA-approved document
that includes the instructions and information necessary to allow the
flight attendant to perform his or her required safety related duties
and responsibilities with the highest possible degree of safety. The
FAOM contains standard operating procedures, abnormal or non-normal
procedures, and emergency procedures.
    Flight instructor. A person authorized by the FAA to conduct flight
training required by this part and certifies the proficiency and
knowledge of those flightcrew members receiving that training. Flight
instructors include pilot flight instructors and flight engineer flight
instructors.
    Flight simulation training device (FSTD). A Full Flight Simulator
(FFS) or a Flight Training Device (FTD).
    Flight tasks. The maneuvers and procedures necessary to operate the
aircraft in various phases of flight operations and environments.
    Flight Training Device (FTD). A replica of aircraft instruments,
equipment, panels, and controls in an open flight deck area or an
enclosed aircraft flight deck replica. It includes the equipment and
computer programs necessary to represent aircraft (or set of aircraft)
operations in ground and flight conditions having the full range of
capabilities of the systems installed in the device as described in
part 60 of this chapter and the qualification performance standard
(QPS) for a specific FTD qualification level.
    Flightcrew Member Operating Manual (FCOM). An FAA-approved document
that includes the instructions and information necessary to allow a
flightcrew member to perform his or her required safety related duties
and responsibilities with the highest possible degree of safety. The
FCOM contains standard operating procedures, abnormal or non-normal
procedures, and emergency procedures. The FCOM

also contains information such as ground and flight operations tasks,
flight deck checklists, systems descriptions, and evacuation
procedures.
    Full Flight Simulator (FFS). A replica of a specific type, make,
model, or series aircraft. It includes the equipment and computer
programs necessary to represent aircraft operations in ground and
flight conditions, a visual system providing an out-of-the-flight deck
view, a system that provides cues at least equivalent to those of a
three-degrees-of-freedom motion system, and has the full range of
capabilities of the systems installed in the device as described in
part 60 of this chapter and the QPS for a specific FFS qualification
level.
    Full Flight Simulator (FFS) course of instruction. A session of
training conducted in an FFS with a complete flightcrew that provides
an opportunity to practice the tasks and operate in the environments
addressed in the Pilot QPS, and other appropriate areas as determined
by the certificate holder. This session of training requires the person
conducting the session to ensure that any lack of competency seen in a
member of the flightcrew is corrected prior to that person serving in
line operations.
    Group. A broad categorization of aircraft based on propulsion
methods. Group I is propeller driven, including reciprocating powered
and turbopropeller powered. Group II is turbojet powered.
    Head-Up Display/Head-Up Guidance System (HUD/HGS). An aircraft
system which provides head-up guidance to the pilot during flight. It
includes the display element, sensors, computers, and power supplies,
indications and controls. It may receive inputs from an airborne
navigation system or flight guidance system.
    Initial Cadre. The specific persons approved by the FAA for the
start-up time frame necessary, not to exceed 24 months, for a new part
119 certificate holder to initiate operations under part 119 of this
chapter, or for a current part 119 certificate holder to initiate
operations of a new aircraft type not operated previously or to
initiate a new type of operation.
    Initial (flight attendant). A curriculum category required to
qualify a person to serve as a flight attendant on an aircraft type
when the person has not served as a flight attendant for at least 180
days in operations under this part for the certificate holder.
    Initial (flight instructors, check persons, flight attendant
instructors, and persons authorized to conduct flight attendant
proficiency tests). A curriculum category that is required to qualify a
person to serve for the first time for the certificate holder as a
flight instructor, check person, flight attendant instructor, and a
person authorized to conduct flight attendant proficiency tests.
    Initial (flightcrew member). A curriculum category of training used
to qualify a flightcrew member when that person has not qualified and
served in that crewmember position on another airplane type in the same
group.
    Initial Operating Experience (IOE) Pilot. A person qualified as
pilot in command who is current and qualified on the navigation system
necessary for the route to be flown and the aircraft on which he or she
will be supervising operating experience, and who is specifically
approved by the FAA for supervising operating experience.
    Job performance evaluation. For flightcrew members, this is a check
or test of the skills obtained during job performance training
conducted in an aircraft, in a flight simulation training device
approved under part 60 of this chapter, or in another training device
approved under this part. For flight attendants, this is a check or
test of the skills obtained during job performance training conducted
in a training device approved under this part or in a classroom.
    Job performance training. For flightcrew members, this is
instruction, practice, and review conducted in an aircraft, in a flight
simulation training device approved under part 60 of this chapter, or
in another training device approved under this part. For flight
attendants, this is instruction and practice conducted in a training
device approved under this part or in a classroom. This training
provides individuals with the practical, hands on experience of
integrating knowledge and skills, and learning the related motor skills
necessary to perform the job.
    Line flight time. Flight time performed in operations under this
part.
    Line Oriented Flight Training (LOFT). Training conducted in a full
flight simulator (FFS) with a complete flightcrew using representative
flight segments that contain procedures that may be expected in line
flight time. The LOFT includes real-time scenarios that address
routine, abnormal, and emergency situations and provides training in
crew resource management.
    (1) A qualification LOFT is a LOFT session conducted to facilitate
the transition from a structured flight training syllabus environment
to a representation of line flight time.
    (2) A recurrent LOFT is a LOFT session conducted to meet periodic
recurrent job performance training requirements.
    Line Qualified. Qualified to serve as a flightcrew member in
operations under this part.
    LOFT Environment Training. Training in a FFS with a complete
flightcrew using procedures expected in line operations but without the
use of simulator resets or repositioning. This training is used
primarily for the maintenance or regaining of landing currency and,
therefore, is not required to meet the time requirements of other LOFT
scenarios.
    Month. Calendar month.
    New Hire training. A curriculum category required to qualify a
person to serve as a crewmember for the first time for the certificate
holder under this part
    Observation Drill. Observation drill means a drill where a person
watches without actively participating in the training or evaluation.
    Observer Seat. An observer seat is a seat on the flight deck, or a
forward passenger seat with headset or speaker that provides adequate
visibility of the flight controls, instruments, and external views.
    Operating cycle. A complete flight segment consisting of the time
from push back/power back, taxi out, takeoff, climb, en route portion,
descent, landing, taxi in, parking, and shutdown.
    Practice. A physical or verbal exercise of skills in an instructor
led environment that encourages interaction among participants for the
specific area of knowledge.
    Procedure. A procedure is a step-by-step method used to complete a
specific task. Types of procedures are:
    (1) Standard operating procedure. A procedure associated with
systems that are functioning in their usual manner.
    (2) Abnormal or Non-normal operating procedure. A procedure
associated with systems that are not functioning in their usual manner
and that require crewmember action for continued safe flight and
landing.
    (3) Emergency procedure. A procedure requiring immediate crewmember
action to protect the aircraft and occupants from serious harm.
    Proficiency. Demonstrated awareness of existing circumstances,
competence in the necessary knowledge and skill, and performance of the
relevant task (maneuver or procedure) within the operating range of
environments to the standards identified and required by the
appropriate QPS.
    Proficiency check (PC). An assessment of crewmember proficiency
during which limited training or practice is allowed. The assessment is
of

knowledge and skill in tasks to the standards identified and required
by the appropriate QPS. The proficiency check must be conducted by a
check person.
    Proficiency test (PT). An assessment of crewmember proficiency
during which additional training or practice is not allowed. The
assessment is of knowledge and skill in tasks to the standards
identified and required by the appropriate QPS. For flightcrew members,
when a proficiency test is not for the purpose of obtaining an airman
certificate or rating, it may be conducted by a check pilot or an APD.
When a proficiency test is conducted for the purpose of obtaining an
airman certificate or rating, it must be conducted by an APD or an FAA
Aviation safety inspector. For flight attendants, the proficiency test
may only be conducted by a person authorized to administer flight
attendant proficiency tests or an FAA Aviation safety inspector.
    Programmed hours. The academic and job performance hours set forth
in this subpart for curriculum categories.
    Protective Breathing Equipment (PBE) drill. An emergency drill in
which a crewmember combats an actual fire or simulated fire while using
PBE.
    Qualification Performance Standards (QPS). FAA standards providing
all of the tasks and areas of training and evaluation, including
activities, procedures, and knowledge needed to qualify a person to
serve under this part. The QPSs are in part 121 appendices as follows:
Appendix Q: Pilot Qualification Performance Standards; appendix R:
Flight Engineer Qualification Performance Standards; appendix S: Flight
Attendant Qualification Performance Standards; and appendix T, Aircraft
Dispatcher Qualification Performance Standards.
    Qualified. Qualified, when used in reference to an individual,
means:
    (1) For a flight attendant crewmember duty position or a flight
attendant training or evaluation duty position, an individual who has
completed the certificate holder's FAA-approved curriculum for the
aircraft type to serve in that position under this part.
    (2) For a flightcrew member duty position or a flightcrew member
training or evaluation duty position, an individual who has completed
the certificate holder's FAA-approved curriculum for the aircraft type
to serve in that position under this part and holds the appropriate
U.S. medical certificate and airman certificates and ratings.
    Recurrent. A curriculum category that must be completed to enable a
qualified person to continue to serve in a crewmember duty position or
a training or evaluation duty position for the certificate holder under
this part.
    Recurrent Flight Attendant Cycle. The 12-month period in which
required tasks are trained and evaluated in accordance with the Flight
Attendant QPS.
    Related Aircraft. Any two or more aircraft of the same make with
either the same or different type certification data sheets that have
been demonstrated and determined to have commonality to the extent that
credit between those aircraft may be applied for training, testing,
checking, recency of experience, or operating experience, as authorized
by the FAA.
    Requalification. A curriculum category required to allow
crewmembers to become qualified again to serve in a crewmember duty
position for the certificate holder in operations under this part.