that may be issued to an applicant for a pilot school certificate or
provisional pilot school certificate in Sec.  141.11. Therefore, the
FAA proposes to correct this omission by adding new Sec.  141.11(b)(4).
This is simply a correctional amendment to part 141 and does not add
additional requirements upon pilot schools or provisional pilot
schools.
---------------------------------------------------------------------------

    \70\ Final Rule, Pilot in Command Proficiency Check and Other
Changes to the Pilot and Pilot School Certification Rules, Aug. 31,
2009 (74 FR 44779).
---------------------------------------------------------------------------

    Appendix K of part 141 contains limitations for special preparation
courses utilizing FFSs and FTDs that are more restrictive than Sec.
61.195(h)(3)(iv) and (v) permit. Specifically, paragraph 4.(b) of
appendix K provides that an FFS may only be credited for a maximum of
10% of the total flight training hour requirements of the approved
course, and paragraph 4.(c) provides that an FTD may be credited for a
maximum of 5 percent of the total flight training hour requirements of
the approved course. However, proposed Sec.  61.195(h)(3)(iv) permits
all flight training hours to occur in an FFS and 5 hours of flight
training to occur in an FTD. Therefore, to eliminate the conflict
between the provisions, paragraph 4.(b) is revised to except the FIEQTP
from the FFS credit limitations of appendix K, and paragraph 4.(c) is
revised to except the FIEQTP from the FTD credit limitations of
appendix K.
    Additionally, part 141 prescribes the circumstances under which
ATDs may be utilized for flight training credit. However, appendix K of
part 141 only contemplates the use of an FFS and an FTD for special
preparation flight training, not an ATD. Because an AATD

may be used in flight training for FIEQTPs, the FAA proposes to revise
appendix K, paragraph 4. Specifically, paragraph 4.(a) would include a
provision that only permits an FIEQTP to utilize AATDs in accordance
with appendix K, paragraph 14, and Sec.  61.195(h)(3)(v). The FAA
emphasizes that this allowance of flight training in ATDs will not be
expanded to other appendix K special preparation courses in this
proposal.
    The FAA notes that no change is needed to allow part 142 training
centers to provide the FIEQTP because the applicability provision in
part 142 permits part 142 training centers to provide training required
by 14 CFR part 61. The FAA recognizes that part 142 training centers
generally provide training under part 61 for pilots seeking type
ratings in specific turbine and heavy turbine aircraft and training for
pilots serving part 119 certificate holders as part of commercial
operator and air carrier training programs. Unlike part 141 pilot
schools that conduct flight training in light aircraft, part 142
training centers largely conduct flight training on the ground in FFSs
and FTDs qualified under part 60.
    Because no change is needed to allow part 142 training centers to
provide the FIEQTP, the FAA included part 142 training centers in this
proposed provision. Additionally, inclusion of part 142 training
centers in this provision provides greater regulatory flexibility. The
FAA notes, however, that although instructors at part 142 training
centers may hold part 61 flight instructor certificates, they are not
necessary for training provided at a part 142 training center. Rather,
instructors at training centers must meet the training requirements
specific to part 142.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 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. 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
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $165,000,000, using the
most current (2021) Implicit Price Deflator for the Gross Domestic
Product. This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this NPRM.
    In conducting these analyses, the FAA has determined that this
NPRM: will result in benefits that justify costs; is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866; will not have a significant economic
impact on a substantial number of small entities; will not create
unnecessary obstacles to the foreign commerce of the United States; and
will not impose an unfunded mandate on State, local, or tribal
governments, or on the private sector. These analyses are summarized
below.

A. Regulatory Evaluation

    The FAA proposes to amend part 61 of title 14 of the Code of
Federal Regulations by (1) removing the expiration date on the flight
instructor certificate; (2) allowing flight instructors whose recent
experience has lapsed by no more than three calendar months to
reinstate their flight instructor privileges by taking a FIRC; (3)
identifying an FAA-sponsored pilot proficiency program (e.g., WINGS--
FAA Pilot Proficiency Program) as an additional method for a flight
instructor to meet recent experience requirements; (4) revising the
qualifications for flight instructors seeking to train initial flight
instructor applicants under 14 CFR 61.195(h)(2), and (5) codifying SFAR
No. 100-2.
1. Removing the Expiration Date on the Flight Instructor Certificate
    Currently, a flight instructor certificate expires 24 calendar
months from the month in which the FAA issued, renewed, or reinstated
that certificate. The FAA is proposing to remove the expiration date
from the flight instructor certificate, which would eliminate the need
to renew that certificate prior to its expiration date by passing a
practical test or by submitting a completed and signed application with
the FAA and satisfactorily completing one of the currently enumerated
renewal requirements. Under this proposal, these current renewal
requirements would become recent experience requirements. Consequently,
the FAA would no longer have to create a new physical flight instructor
certificate upon each applicant's recent experience cycle after that
person receives their permanent certificate without an expiration date.
    To estimate the cost savings associated with removing the
expiration date from flight instructor certificates, the FAA begins
with estimating the baseline number of certificates and associated
costs avoided. The FAA estimates that from 2013 to 2021 the number of
initial flight instructor certificates grew from 2,348 to 6,199 (i.e.,
the average annual growth rate from 2013 to 2021 was 12.90 percent).
Using this 12.90 percent annual growth rate, the FAA forecasts the
initial flight instructor certificates over the next five years.
Similarly, the FAA estimates that from 2013 to 2021, the number of
flight instructor certificate renewals grew from 41,467 to 54,189
(i.e., the average annual growth rate from 2013 to 2021 was 3.40
percent). Using this 3.40 percent annual growth rate, the FAA forecasts
the flight instructor certificate renewals over the next five years.
    The FAA determined the cost of issuing the physical flight
instructor certificates by estimating the mean labor cost for the
applicants that complete and submit FAA Form 8710 applications.\71\ The
FAA finds that the variety of people with various pay levels that work
on issuing flight instructor certificates are classified using the May
2021 North American Industry Classification System under NAICS code
\72\ 481200, ``Nonscheduled Air transportation.'' \73\ Therefore, the
FAA starts with a base hourly wage of $44.27 that is assumed to be
representative of pilots and representative occupations. The FAA then
applies the appropriate multipliers for overhead (this includes health
benefits, vacation, sick time, etc.). More specifically, the FAA
increases the base hourly rate by 42.25%, which is based on the percent
of total compensation for transportation employees,\74\ resulting in a
fully

burdened wage rate of approximately $62.97/hour. The time to produce
each flight instructor certificate is estimated at 0.1 hours.\75\
---------------------------------------------------------------------------

    \71\ This includes FAA Form 8710-1, Airman Certificate and/or
Rating Application and Form FAA 8710-11, Airman Certificate and/or
Rating application--Sport Pilot.
    \72\ The NAICS code is the standard used by Federal statistical
agencies in classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data related to
the U.S. business economy.
    \73\ U.S. Bureau of Labor Statistics, NAICS 481200--Nonscheduled
Air Transportation. https://www.bls.gov/oes/current/naics4_481200.htm.
    \74\ Percent of total compensation = 29.7%. Source: Bureau of
Labor Statistics News Release. Employer Costs for Employee
Compensation--December 2020. Employer Costs for Employee
Compensation Archived News Releases: U.S. Bureau of Labor Statistics
(bls.gov).
    \75\ Source: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201809-2120-009.
---------------------------------------------------------------------------

    Using the preceding information, the FAA estimates that during the
first five years, the cost savings will be approximately $2.3 million
or $1.9 million present value at a 7 percent discount rate, with
annualized savings of $452 thousand. The results are presented in Table
1.

                                                          Table 1--Total Industry Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Time to
                                                                   Initial flight      Flight        Average     process each
                               Year                                   instructor     instructor      wage per       flight          Cost       Present
                                                                     (forecast)       renewals         hour       instructor      savings    value at 7%
                                                                                (forecast)                   (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................................................           7,902          57,938       $62.97             0.1     $414,594     $387,471
2................................................................           8,921          59,909        62.97             0.1      433,423      378,568
3................................................................          10,072          61,946        62.97             0.1      453,497      370,189
4................................................................          11,372          64,053        62.97             0.1      474,951      362,338
5................................................................          12,839          66,232        62.97             0.1      497,910      355,003
1-5..............................................................          51,106         310,078  ...........  ..............    2,274,376    1,853,569
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: (i) initial certificates forecast based on historic rate of 12.90 percent per year; (ii) Flight instructor renewal forecast based on historic
  rate of 3.40 percent per year; and (iii) estimates may not total due to rounding.

    Using the initial flight instructor certificates forecast and the
flight instructor certificate renewals forecast, the FAA estimates the
costs savings to the Federal Government. The FAA determined the cost of
issuing physical airman certificates by estimating the mean labor cost
for clerks. The FAA estimates the salaries for the clerks based on the
2022 General Schedule Locality Pay Tables using the Rest of the United
States locality pay multiplier. The FAA uses 36.25 percent to calculate
the overhead benefits multiplier. The total salary, including overhead,
is $84,508 ($40.49 per hour). The time to produce each flight
instructor certificate is estimated at 0.1 hours.\76\ Using this
information, the FAA estimates that during the first five years, the
FAA cost savings will be approximately $1.5 million or $1.2 million
present value at a 7 percent discount rate, with annualized savings of
$291 thousand. The results are presented in Table 2.
---------------------------------------------------------------------------

    \76\ Source: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201809-2120-009.

                                                             Table 2--Total FAA Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Time to
                                                                   Initial flight      Flight        Average     process each
                               Year                                   instructor     instructor      wage per       flight          Cost       Present
                                                                     (forecast)       renewals         hour       instructor      savings    value at 7%
                                                                                (forecast)                   (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................................................           7,902          57,938       $40.49             0.1     $266,586     $249,146
2................................................................           8,921          59,909        40.49             0.1      278,693      243,421
3................................................................          10,072          61,946        40.49             0.1      291,601      238,033
4................................................................          11,372          64,053        40.49             0.1      305,396      232,985
5................................................................          12,839          66,232        40.49             0.1      320,158      228,269
1-5..............................................................          51,106         310,078  ...........  ..............    1,462,434    1,191,854
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: (i) initial certificates forecast based on historic rate of 12.90 percent per year; (ii) Flight instructor renewal forecast based on historic
  rate of 3.40 percent per year; and (iii) estimates may not total due to rounding.

2. Flight Instructor Refresher Course
    Allowing flight instructors whose recent experience has lapsed by
no more than three calendar months to reinstate flight instructor
privileges by taking a FIRC would result in cost savings for flight
instructors. Under the current rule, flight instructor applicants
typically incur the costs of taking a practical test. This expenditure
generally includes the applicant's time for the test--which consists of
the oral testing segment on the ground (about 2 hours) and the flight
test segment (about 2-3 hours), the cost of a designated examiner to
conduct the test,\77\ and the aircraft operational or rental costs \78\
incurred while taking the test. Therefore, a practical test to
reinstate a flight instructor certificate can cost anywhere from about
$800 to thousands of dollars when a rental aircraft is used for the
practical test. Conversely, the cost of an online FIRC may be provided
free of charge or as much as $275 for a live classroom FIRC.\79\
---------------------------------------------------------------------------

    \77\ According to the Airmen Certification and Training Branch
of Flight Standards Service, this cost can range from about $500 to
$1,000.
    \78\ One of the most popular aircraft, the Cessna 172 airplane,
(four seat/single four-cylinder engine) rents from about $120/hour
to $220/hour wet (with fuel and oil), depending on its age and
equipment. Helicopters generally cost more to rent than comparable
airplane sizes, e.g., a Robinson R22 (popular two seat four cylinder
piston single engine) typically rents wet for upwards of $200/hour
range. The R44 (popular four seat six cylinder single engine) rents
wet for typically from $450 on up. For example, at JJ Helicopter
Inc., rentals are $310/hour for a Robinson R22 helicopter and $530/
hour for Robinson R44 helicopter. Additional cost may include the
time and cost for the aircraft and flight instructor (the
instructor's fee, typically $30-$60 per hour), and for an insurance
checkout to meet insurance company requirements to rent the
aircraft.
    \79\ AceCFI (https://www.acecfi.com/) and American Flyers
(https://americanflyers.com/training/firc-for-life/) offer free
online FIRCs after a $159.00 and $99.00, respectively, onetime
payment. Thereafter, that flight instructor may renew their flight
instructor certificate free-of-charge with that online provider once
every two years for life.
---------------------------------------------------------------------------

    To estimate the cost savings associated with taking a FIRC instead
of a practical test, the FAA forecasts that on average 84 flight
instructors would reinstate their flight instructor certificate within
the first three month period from the expiration of their

certificate by completing a FIRC.\80\ The FAA determined the difference
in cost between taking a practical test and taking a FIRC as
$2,668.\81\ Therefore, the FAA estimates that during the first five
years, the cost savings will be approximately $1.1 million or $0.9
million present value at a 7 percent discount rate, with annualized
savings of $223 thousand. The results are presented in Table 3.
---------------------------------------------------------------------------

    \80\ Flight Instructors that reinstated their flight instructor
certificate within the first three month period from the expiration
of their certificate: 2019 = 92, 2020 = 79, 2021 = 80. Source:
Federal Aviation Administration Airmen Certification Branch (AFB-
720). Received data on January 06, 2023.
    \81\ Difference in cost between taking a practical test and
taking a FIRC = $2,805-$137.50 = $2,667.5
    Average cost of taking a flight instructor reinstatement
practical test: $2,805. Assumptions for the practical test:
     Airplane (CE-172), not Helicopter or other category
aircraft.
     Airplane rental for training in preparation for the
practical test = 6 hours x $170 = $1,020.
     Prep time for test with another CFI = 6 hours with a
CFI = $45 average = $270 prep time.
     Airplane rental to and from test = 2 x $170 = $340.
     Airplane rental for the flight test (2-3 hours = 2.5
hour flight test)-Average cost wet @$170 = $425.
     Designated examiner fee to conduct the test average =
$750.
    Note: This example reflects the most common reinstatement by
practical test. However, each individual has different
circumstances.
    Average cost for taking a FIRC = $137.5 (average of $0 to $275 =
$137.50).

                         Table 3--Total Flight Instructor Refresher Course Cost Savings
----------------------------------------------------------------------------------------------------------------
                                                     Flight
                                                instructors that
                                                 will reinstate
                                                  their flight
                                                   instructor         Cost of
                                                  certificate     practical test                   Present value
                     Year                       within the first   minus cost of   Cost savings        at 7%
                                                  three month          FIRC
                                                period from the
                                                 expiration of
                                               their certificate
                                                   (forecast)
----------------------------------------------------------------------------------------------------------------
1............................................                 84          $2,668        $223,181        $208,580
2............................................                 84           2,668         223,181         194,935
3............................................                 84           2,668         223,181         182,182
4............................................                 84           2,668         223,181         170,264
5............................................                 84           2,668         223,181         159,125
1-5..........................................                418  ..............       1,115,904         915,086
----------------------------------------------------------------------------------------------------------------
Note: (i) estimates may not total due to rounding.

    The FAA estimates that during the first five years, the combined
cost savings (industry + FAA) will be approximately $4.9 million or
$4.0 million present value at a 7 percent discount rate, with
annualized savings of $966 thousand. The results are presented in Table
4.

                            Table 4--Total Cost Savings for the Industry and the FAA
----------------------------------------------------------------------------------------------------------------
                                                                                Present value
                             Impact                                Cost savings        at 7%        Annualized
----------------------------------------------------------------------------------------------------------------
Industry........................................................      $3,390,280      $2,768,655        $675,249
FAA.............................................................       1,462,434       1,191,854         290,682
                                                                 -----------------------------------------------
    Total.......................................................       4,852,714       3,960,509         965,931
----------------------------------------------------------------------------------------------------------------
Note: (i) estimates may not total due to rounding.

3. FAA-Sponsored Pilot Proficiency Programs
    This new section would add the FAA-sponsored pilot proficiency
programs as a method to establish recent experience under Sec.
61.197(a) and would codify the FAA's current practice of permitting
flight instructors to use the WINGS Program to satisfy Sec.  61.197.
Codifying FAA-sponsored pilot proficiency programs to allow flight
instructors an additional method to renew their certificates is
essentially an enabling provision for flight instructors, which was
triggered by the need to provide a regulatory basis for a policy that
has allowed flight instructors to renew their certificate by means of
the WINGS program.
4. Revising Flight Instructor Qualifications Under 14 CFR 61.195(h)(2)
    Currently, prior to instructing initial flight instructor
applicants, a flight instructor must have held their flight instructor
certificate for at least 24 calendar months and have given a requisite
number of hours of flight training. This NPRM proposes two additional
options for a flight instructor to qualify to instruct initial flight
instructor applicants. Under the proposal, flight instructors would
have the option to qualify by training and endorsing at least five
applicants for a practical test for a pilot certificate or rating, with
at least 80 percent of those applicants passing the test on their first
attempt. As another option, flight instructors could complete an FAA-
approved FIEQTP and give a requisite number of hours of flight
training. These two proposed qualification options would allow flight
instructors to be eligible to instruct initial flight instructor
applicants sooner than 24 calendar months. This provision would provide
additional flexibility to instructors and, thus, the FAA assumes it
would provide a small cost savings.\82\
---------------------------------------------------------------------------

    \82\ Section 61.195(h)(2)(iii) currently requires a flight
instructor seeking to instruct an initial flight instructor
applicant to have held their flight instructor certificate for at
least 24 months.

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

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act (RFA) of 1980, (Pub. L. 96-354, 94
Stat. 1164, 5 U.S.C. 601-612), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat.
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L.
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Most of the parties affected by this
proposed rule will be small businesses such as flight instructors,
aeronautical universities, FAA designated pilot examiners, parts 61 and
141 flight schools, and part 142 training centers. There are over
121,000 \83\ flight instructors alone.
---------------------------------------------------------------------------

    \83\ https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics/media/2021-civil-airmen-stats.xlsx.
---------------------------------------------------------------------------

    Therefore, this proposed rule will affect a substantial number of
small entities. However, it does not impose costs net of cost savings.
This proposed rule is expected to provide cost savings of over $3
million present value at 7 percent during the first 5 years.
    Therefore, as provided in section 605(b), the head of the FAA
certifies that this proposed rule would not result in a significant
economic impact on a substantial number of small entities, as it
imposes no new costs net of cost savings.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this proposed rule and
determined that it would have only a domestic impact and, therefore, no
effect on international trade.

D. Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $165,000,000 or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) (PRA)
requires that the FAA consider the impact of paperwork and other
information collection burdens imposed on the public.\84\ The FAA has
determined that there will be a new requirement for information
collection associated with this proposed rule for the FIEQTP. As
required by the PRA, the FAA has submitted this proposed information
collection request to OMB for its review. The new information
collection would be entitled Flight Instructor Enhanced Qualification
Training Program (FIEQTP): Preparation and Approval. The following
discussion provides details on this information collection requirement.
---------------------------------------------------------------------------

    \84\ The FAA made changes to FAA Forms 8710-1, Airman
Certificate And/or Rating Application, and 8710-11, Airman
Certificate and/or Rating Application--Sport Pilot, that currently
have collection approval detailed in section III.A.2 of this
preamble. The FAA has determined that these changes are de minimis
in nature and do not impose any additional burdens such that no
revision to the currently approved information collection is needed.
---------------------------------------------------------------------------

    Summary: The proposed rule would amend the qualification
requirements for flight instructors seeking to provide flight training
to initial flight instructor applicants by adding an option for flight
instructors under part 61 to complete an approved FIEQTP that would
develop the flight instructor's instructional ability. Participation in
this new training program would not be mandatory; instead, it would be
one option to become qualified to instruct initial flight instructor
applicants. Any part 141 pilot school or part 142 training center
wishing to offer the new training program would be required to submit
the curriculum to the FAA for approval.
    The proposed rule would benefit part 141 pilot schools and part 142
training centers by enabling them to use staff flight instructors \85\
who successfully complete this course to provide training to initial
flight instructor applicants enrolled in their own pilot flight
programs.
---------------------------------------------------------------------------

    \85\ Proposed Sec.  61.195(h)(3)(vi) would prescribe specific
qualifications for instructors in addition to the requirements
provided by each respective part (i.e., part 141 and part 142), as
applicable.
---------------------------------------------------------------------------

    Use of: The proposed information collected for the FIEQTP would
ensure flight instructors seeking to provide flight training to initial
flight instructor applicants are adequately trained in the knowledge
and skills of the intricacies of providing flight training to initial
flight instructor applicants. The requirement to submit the FIEQTP
curriculum to the FAA for approval ensures that the FIEQTP meets the
regulatory requirements of such program and provides greater oversight
of the training programs to ensure consistency of both course and
instructional quality among pilot schools and training centers.
    Burden Estimate: At the time of writing, FAA records show 546
active part 141 pilot schools and 50 active part 142 training
centers.\86\ The FAA estimates that 25 percent of these pilot schools
and training centers would take advantage of the provision in this
proposed rule that would trigger an estimated 149 responses to this new
information collection for Sec.  61.195(h)(3). Therefore, in the first
year, the FAA estimates that about 136.50 pilot schools and 12.50
training centers would submit a training program for approval for a
total of about 149 respondents in the first year. Further, the FAA
estimates that the development of each FIEQTP would take approximately
80 hours and that the task would be performed by the pilot school's or
training center's chief flight instructor. The Bureau of Labor
Statistics estimates that the mean annual salary for a chief flight
instructor is $92,040, from which the FAA estimates an average wage of
$44.25 per hour.\87\ This wage was obtained using the North American
Industry Classification System (NAICS) industry code 53-2010 designate
for aircraft pilots and flight engineers. This wage

estimate was derived by dividing $92,040 by 2,080 hours (assuming a 40-
hour work week for 52 weeks), which is $44.25 per hour. Next, a fringe
benefit multiplier 1.42 was included. This results in an annual salary
of $130,553 and hourly wage of $62.77.\88\ This would result in a
first-year burden of about 11,920 hours and about $748,218 ((136.50
pilot schools +12.50 training centers) x 80 hours x $62.77) for
affected pilot schools and training centers to prepare and submit new
training programs.
---------------------------------------------------------------------------

    \86\ The FAA obtained a list of active part 141 pilot schools
and a list of active part 142 training centers from the WebOPSS
system on Mar. 9, 2022.
    \87\ The code was determined to be the appropriate code as the
NAICS code for training and development specialists states ``flight
instructors are included with ``Aircraft Pilots and Flight
Engineers'' (53-2010)''. Source: https://www.bls.gov/oes/current/oes131151.htm.
    \88\ Percent of total compensation = 29.5%. Source: Bureau of
Labor Statistics News Release. Employer Costs for Employee
Compensation--March 2022. Employer Costs for Employee Compensation
Archived News Releases: U.S. Bureau of Labor Statistics (bls.gov).

                                   Table 4--Industry Salary Including Overhead
----------------------------------------------------------------------------------------------------------------
                  Job category                      Annual wage     Multiplier         Total        Hourly wage
----------------------------------------------------------------------------------------------------------------
Chief Flight Instructor.........................   \(1)\ $92,040      \(2)\ 1.42        $130,553    \(3)\ $62.77
----------------------------------------------------------------------------------------------------------------
Sources:
(1) NAICS Code (53-2010). https://www.bls.gov/oes/current/oes131151.htm.
(2) Overhead benefit percent of total compensation = 29.5%. https://www.bls.gov/bls/news-release/ecec.htm.
(3) Using 2,080 working hours in one year.

    For subsequent years, the FAA assumes a growth rate of one percent
for both pilot schools and training centers. The FAA estimates that 25
percent of those institutions would submit FIEQTP to the FAA for
approval, resulting in approximately 1.49 new respondents and an
additional burden of about 119 hours and $7,482 in subsequent years.
The FAA also estimates that each year at least 50 percent of the pilot
schools and training centers that provide the FIEQTP curriculum would
require at least one revision to address any updates or deficiencies
identified by the FAA, pilot school, or training center. As a result,
the FAA estimates the total annual burden to pilot schools and training
centers of submissions, including growth and revisions, at 4,806 hours
and $301,652.
    The FAA reviewed the number of initial flight instructors
certificated in the previous three years, which was reported as: 2021
(6,199), 2020 (6,237), and 2019 (5,945) equaling a total of 18,381
newly certificated flight instructors. Using the most recent year of
these newly certificated flight instructors, the FAA estimates 6,199
student records would be generated in the first year. The FAA further
assumes that 25 percent of the students would enroll in a FIEQTP
regardless of other alternatives. The FAA, therefore, estimates that
1,550 students \89\ would enroll in a FIEQTP in the first year. The FAA
further estimates that the student-population growth rate would be 0.6
percent.\90\ In addition, the FAA estimates each record would require
five minutes of processing time and that recordkeeping functions would
be the responsibility of the chief flight instructor. This would result
in an annual recordkeeping burden of 43 hours and $2,724.
---------------------------------------------------------------------------

    \89\ 6,199 x 25% = 1,550 students.
    \90\ Source: FAA Airman Certification Branch.
---------------------------------------------------------------------------

    The annual industry burden and cost of this information requirement
for plan submission and revision and student recordkeeping is about
4,849 hours and $304,376.

       Table 5--Industry FIEQTP Development and Revision Burden and Costs (Information used for Estimates)
----------------------------------------------------------------------------------------------------------------
               Category                           Element                              Estimate
----------------------------------------------------------------------------------------------------------------
Pilot Schools........................  Number of pilot schools......  546
                                       Portion of pilot schools       25%
                                        affected.
                                       Number of pilot schools        (546 x 0.25 =) 136.50
                                        affected.
                                       Growth rate of pilot schools.  1%
                                       Number of training centers...  50
Training Centers.....................  Portion of training centers    25%
                                        affected.
                                       Number of training centers     (50 x 0.25 =) 12.50
                                        affected.
                                       Growth rate of training        1%
                                        centers.
FIEQTP...............................  Time needed to develop and     80 hours
                                        submit original.
                                       Time for revisions...........  10 hours
                                       Percent revisions per year...  50% \91\
Wage Rate............................  Chief flight instructor......  $62.77 \92\
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the annual burden and cost to the Federal
Government for the review and authorization of the FIEQTP would be
2,842 hours and $231,504. This burden and cost was determined by
estimating the time required for FAA personnel to review FIEQTP
curriculums and authorize an applicant's program through the issuance
of an approval letter. The FAA estimates FAA aviation safety inspectors
(ASIs) would spend 40 hours on each review and 10 hours on each
revision. Additionally, FAA clerks would spend 30 minutes on issuance
of an approval letter. The FAA estimates the salaries for the ASIs and
clerks based on the 2022 General Schedule Locality Pay Tables using the
Rest of the United States locality pay multiplier. The FAA uses 36.25
percent to calculate the overhead benefits multiplier. The total
salary, including overhead, is $172,206 ($82.51 per hour) for ASIs and
$84,508 ($40.49 per hour) for clerks. The analysis uses the same number
of responses estimated for industry FIEQTP submission and revision to
estimate the burden and cost to the FAA of reviews and approvals.
---------------------------------------------------------------------------

    \91\ Estimated as 50% of the total affected pilot schools and
training centers per year adjusted for growth.
    \92\ Data obtained from NAICS code 53-2010 from BLS data
website: https://www.bls.gov/oes/current/naics4_611500.htm#25-0000.
Accessed April 4, 2022. Hourly wage calculated by dividing the
annual mean wage of $92,040 by 2,080 hours.

                Table 6--FAA Salaries Including Overhead
------------------------------------------------------------------------
                                             Aviation
              Job category                    safety           Clerk
                                             inspector
------------------------------------------------------------------------
Grade and Step..........................    GS-14 Step 5     GS-9 Step 5
Annual Base Salary......................  \(1)\ $108,769   \(1)\ $53,377
Locality Multiplier.....................     \(2)\ 1.162     \(2)\ 1.162
Salary Adjusted by Locality Pay.........        $126,390         $62,024
Overhead Benefit Multiplier.............    \(3)\ 1.3625    \(3)\ 1.3625
Salary including Overhead...............        $172,206         $84,508
Hourly Wage.............................    \(4)\ $82.51    \(4)\ $40.49
------------------------------------------------------------------------
Sources:
\(1)\ 2022 General Schedule Pay. https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2022/general-schedule/.
\(2)\ FAA locality rate for the Rest of the United States.
\(3)\ https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/memoranda/2008/m08-13.pdf.
\(4)\ Using 2,087 working hours in one year.

    The combined (industry + FAA) annual burden and cost is 7,691 hours
and $536,236. The following provides additional detail of response,
burden, and cost estimates to industry and the FAA (some estimates may
not exactly total due to rounding).

                                              Table 7--Annual Burden and Costs for the Industry and the FAA
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Burden hours
                         Category                             Total      Hours per  --------------------------------------------------------    Costs
                                                            responses     response    Reporting    Recordkeeping    Disclosure     Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry:
61.195(h)(3).............................................
    Development Cost--Pilot Schools......................        46.41           80        3,713  ...............  ...........        3,713     $233,075
    Development Cost--Training Centers...................         4.25           80          340  ...............  ...........          340       21,344
    Cost--Revisions......................................        75.25           10          752  ...............  ...........          752       47,233
    Industry Recordkeeping Costs.........................       522.80        0.083  ...........               43  ...........           43        2,724
                                                          ----------------------------------------------------------------------------------------------
        Total Industry Costs for 61.195(h)(3)............  ...........  ...........        4,806               43            0        4,849      304,376
FAA:
61.195(h)(3).............................................
    Review cost of FIEQTP curriculums....................        50.66           40        2,027  ...............  ...........        2,027      167,222
    Revision cost of FIEQTP curriculums..................        75.25           10          752  ...............  ...........          752       62,089
    Cost of issuing approval letter......................       125.91          0.5           63  ...............  ...........           63        2,549
                                                          ----------------------------------------------------------------------------------------------
        Total FAA Costs for 61.195(h)(3).................  ...........  ...........        2,842                0            0        2,842      231,861
                                                          ----------------------------------------------------------------------------------------------
        Total Industry and FAA Costs for 61.195(h)(3)....  ...........  ...........        7,648               43            0        7,691     $536,236
--------------------------------------------------------------------------------------------------------------------------------------------------------
Details may not add to row or column totals due to rounding.

    Finally, proposed Sec.  61.195(h)(3)(vii) would require part 141
pilot schools and part 142 training centers to issue a graduation
certificate to each flight instructor who successfully completes the
FIEQTP. While part 141 already requires pilot schools to issue a
graduation certificate to each student who completes an approved course
of training,\93\ this will be a new requirement for part 142 training
centers, and only required for training centers in the context of
FIEQTPs. The FAA does not know how many part 141 pilot schools or how
many part 142 training centers would choose to provide the FIEQTP
course. Additionally, the FAA does not know how many flight instructors
would seek to attend this course at a part 141 pilot school, which is
already required to issue a graduation certificate; or how many flight
instructors would seek to attend this course at a part 142 training
center, which are not currently required to issue graduation
certificates. Therefore, the FAA is unable to quantify the costs to
provide a graduation certificate. The FAA requests comments regarding
the number of newly certificated flight instructors for part 142
training centers and requests that all comments be accompanied with
clear documentation. The FAA may quantify these costs in the final
rule.
---------------------------------------------------------------------------

    \93\ See Sec.  141.95.
---------------------------------------------------------------------------

    Public Comments: The agency is soliciting comments to--
     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;
     Evaluate the accuracy of the agency's estimate of the
burden;
     Enhance the quality, utility, and clarity of the
information to be collected; and
     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 June 22, 2023. 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 Office Building, Room 10202, 725 17th Street NW,
Washington, DC 20053.
F. 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
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
G. Environmental Analysis
    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 for regulations and involves no
extraordinary circumstances.

V. Executive Order Determinations

A. 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, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government and, therefore, would not have
federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
    Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\94\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\95\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on tribes resulting from this proposed
rule.
---------------------------------------------------------------------------

    \94\ 65 FR 67249 (Nov. 6, 2000).
    \95\ FAA Order No. 1210.20 (Jan. 28, 2004), available at http://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
    The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The agency has determined that it would not be a
``significant energy action'' under the executive order and would not
be likely to have a significant adverse effect on the supply,
distribution, or use of energy.
D. Executive Order 13609, International Cooperation
    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609 and has determined that this action would have no
effect on international regulatory cooperation.

VI. How To Obtain Additional Information

A. Comments Invited
    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
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, commenters should submit only one time if comments
are filed electronically or commenters should send only one copy of
written comments if comments are filed in writing.
    The FAA 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, the FAA 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 agency may change this proposal in
light of the comments it receives.
B. Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this NPRM. Submissions containing
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
C. Electronic Access and Filing
    A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at https://www.regulations.gov
using the docket number listed above. A copy of this proposed rule will
be placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website
at https://www.govinfo.gov. A copy may also be found at the FAA's
Regulations and Policies website at https://www.faa.gov/regulations_policies.

    Copies may also be obtained 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>.
Interested persons must identify the docket or notice number of this
rulemaking.
D. Small Business Regulatory Enforcement Act
    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit www.faa.gov/regulations_policies/rulmaking/sbre_act/.

List of Subjects

14 CFR Part 61

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

14 CFR Part 63

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

14 CFR Part 65

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

14 CFR Part 141

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

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

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

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); Sec. 318 Pub. L.
115-254.

Special Federal Aviation Regulation No. 100-2   [Removed]

0
2. Remove Special Federal Aviation Regulation No. 100-2 from part 61.
0
3. Amend Sec.  61.2 by revising paragraphs (b)(1) and (2) to read as
follows:

Sec.  61.2  Exercise of Privilege.

* * * * *
    (b) * * *
    (1) Exercise privileges of an airman certificate, rating,
endorsement, or authorization issued under this part unless that person
meets the appropriate airman recent experience and medical requirements
of this part, specific to the operation or activity.
    (2) Exercise privileges of a foreign pilot license within the
United States to conduct an operation described in Sec.  61.3(b),
unless that person meets the appropriate airman recent experience and
medical requirements of the country that issued the license, specific
to the operation.
0
4. Amend Sec.  61.19 by revising paragraphs (a)(2), (c)(1), (d), and
(e) to read as follows:

Sec.  61.19  Duration of pilot and instructor certificates and
privileges.

    (a) * * *
    (2) Except for a certificate issued with an expiration date, a
certificate issued under this part is valid unless it is surrendered,
suspended, or revoked.
* * * * *
    (c) * * *
    (1) A pilot certificate (including a student pilot certificate
issued after April 1, 2016) issued under this part is issued without an
expiration date.
* * * * *
    (d) Flight instructor certificate. (1) A flight instructor
certificate issued under this part on or after [EFFECTIVE DATE OF FINAL
RULE] is issued without an expiration date.
    (2) A flight instructor certificate issued before [EFFECTIVE DATE
OF FINAL RULE] expires 24 calendar months from the month in which it
was issued, renewed, or reinstated, as appropriate.
    (e) Ground instructor certificate. A ground instructor certificate
is issued without an expiration date.
* * * * *
0
5. Amend Sec.  61.39 by:
0
a. Revising the introductory text of paragraph (a), the introductory
text of paragraph (b), paragraph (b)(3), the introductory text of
paragraph (c), and paragraph (c)(2);
0
b. Redesignating paragraphs (e) through (g) as paragraphs (f) through
(h); and
0
c. Adding new paragraph (e).
    The revisions and addition read as follows:

Sec.  61.39  Prerequisites for practical tests.

    (a) Except as provided in paragraphs (b), (c), (e), and (f) of this
section, to be eligible for a practical test for a certificate or
rating issued under this part, an applicant must:
* * * * *
    (b) Except as provided in paragraph (e) of this section, an
applicant for an airline transport pilot certificate with an airplane
category multiengine class rating or an airline transport pilot
certificate obtained concurrently with a multiengine airplane type
rating may take the practical test with an expired knowledge test only
if the applicant passed the knowledge test after July 31, 2014, and is
employed:
* * * * *
    (3) By the U.S. Armed Forces as a flight crewmember in U.S.
military air transport operations at the time of the practical test and
has satisfactorily completed the pilot in command aircraft
qualification training program that is appropriate to the pilot
certificate and rating sought.
    (c) Except as provided in paragraph (e) of this section, an
applicant for an airline transport pilot certificate with a rating
other than those ratings set forth in paragraph (b) of this section may
take the practical test for that certificate or rating with an expired
knowledge test report, provided that the applicant is employed:
* * * * *
    (2) By the U.S. Armed Forces as a flight crewmember in U.S.
military air transport operations at the time of the practical test and
has satisfactorily completed the pilot in command aircraft
qualification training program that is appropriate to the pilot
certificate and rating sought.
* * * * *
    (e) An applicant for an airman certificate or rating issued under
part 61 may take a practical test with an expired knowledge test if the
applicant meets the requirements specified in Sec.  61.40.
* * * * *
0
6. Add Sec.  61.40 to read as follows:

Sec.  61.40  Relief for U.S. military and civilian personnel who are
assigned outside the United States in support of U.S. Armed Forces
operations.

    (a) Relief. A person who satisfies the requirements of paragraph
(b) of this section may use the following documents to demonstrate
eligibility to renew a flight instructor certificate, establish recent
flight instructor experience, take a practical test, or renew an
inspection authorization, as appropriate:

    (1) For flight instructor certificates issued before [THE EFFECTIVE
DATE OF FINAL RULE], an expired flight instructor certificate to show
eligibility for renewal of a flight instructor certificate under Sec.
61.197;
    (2) Except as provided in paragraph (a)(3) of this section, for
flight instructor certificates issued after [THE EFFECTIVE DATE OF
FINAL RULE], a record demonstrating the last recent experience event
accomplished under Sec.  61.197 to show eligibility to reestablish
recent experience under Sec.  61.197;
    (3) For persons who were issued a flight instructor certificate
after [THE EFFECTIVE DATE OF FINAL RULE] and who served in a U.S.
military or civilian capacity outside the United States in support of a
U.S. Armed Forces operation for some period of time during the 24
calendar months following the issuance of the person's flight
instructor certificate, a flight instructor certificate demonstrating
the date of issuance to show eligibility to establish recent experience
under Sec.  61.197;
    (4) An expired written test report to show eligibility under this
part to take a practical test;
    (5) An expired written test report to show eligibility to take a
practical test required under part 63 of this chapter; and
    (6) An expired written test report to show eligibility to take a
practical test required under part 65 of this chapter or an expired
inspection authorization to show eligibility for renewal under Sec.
65.93 of this chapter.
    (b) Eligibility. A person is eligible for the relief specified in
paragraph (a) of this section if that person meets the following
requirements:
    (1) The person must have served in a U.S. military or civilian
capacity outside the United States in support of a U.S. Armed Forces
operation during some period of time beginning on or after September
11, 2001;
    (2) One of the following occurred sometime between September 11,
2001, and 6 calendar months after returning to the United States--
    (i) The person's flight instructor certificate issued before [THE
EFFECTIVE DATE OF FINAL RULE], airman written test report, or
inspection authorization expired; or
    (ii) For flight instructor certificates issued after [THE EFFECTIVE
DATE OF FINAL RULE], the person has not met the flight instructor
recent experience requirements within the preceding 24 calendar months
in accordance with Sec.  61.197; and
    (3) The person complies with Sec.  61.197 or Sec.  65.93 of this
chapter, as appropriate, or completes the appropriate practical test
within 6 calendar months after returning to the United States.
    (c) Required documents. To exercise the relief specified in
paragraph (a) of this section, a person must complete and sign an
application appropriate to the relief sought and submit the application
to the appropriate Flight Standards office. The person must include
with the application one of the following documents, which must show
the date of assignment outside the United States and the date of return
to the United States:
    (1) An official U.S. Government notification of personnel action,
or equivalent document, showing the person was a civilian on official
duty for the U.S. Government outside the United States and was assigned
to a U.S. Armed Forces operation some time on or after September 11,
2001;
    (2) Military orders validating the person was assigned to duty
outside the United States and was assigned to a U.S. Armed Forces
operation some time on or after September 11, 2001; or
    (3) A letter from the person's military commander or civilian
supervisor providing the dates during which the person served outside
the United States and was assigned to a U.S. Armed Forces operation
some time on or after September 11, 2001.
0
7. Amend Sec.  61.56 by revising paragraphs (d)(2), (e), and (f) to
read as follows:

Sec.  61.56   Flight review.

* * * * *
    (d) * * *
    (2) A practical test conducted by an examiner for one of the
following:
    (i) The issuance of a flight instructor certificate;
    (ii) An additional rating on a flight instructor certificate;
    (iii) To meet the recent experience requirements for a flight
instructor certificate in accordance with Sec.  61.197(b)(1); or
    (iv) The reinstatement of flight instructor privileges in
accordance with Sec.  61.199(b)(2).
    (e) A person who has, within the period specified in paragraph (c)
of this section, satisfactorily accomplished one or more phases of an
FAA-sponsored pilot proficiency program need not accomplish the flight
review required by this section.
    (f) A person who holds a flight instructor certificate need not
accomplish the one hour of ground training specified in paragraph (a)
of this section if that person has, within the period specified in
paragraph (c) of this section, met one of the following requirements--
    (1) Satisfactorily completed the recent experience requirements for
a flight instructor certificate under Sec.  61.197; or
    (2) Reinstated the person's flight instructor privileges by
satisfactorily completing an approved flight instructor refresher
course in accordance with Sec.  61.199(a)(1).
* * * * *
0
8. Amend Sec.  61.195 by revising paragraph (h) to read as follows:

 Sec.  61.195  Flight instructor limitations and qualifications.

* * * * *
    (h) Qualifications to provide ground or flight training to initial
flight instructor applicants--(1) Ground training. The ground training
provided to an initial applicant for a flight instructor certificate
must be given by an authorized instructor who--
    (i) Holds a ground or flight instructor certificate with the
appropriate rating, has held that certificate for at least 24 calendar
months, and has given at least 40 hours of ground training; or
    (ii) Holds a ground or flight instructor certificate with the
appropriate rating and has given at least 100 hours of ground training
in an FAA-approved course.
    (2) Flight training. A flight instructor who provides flight
training to an initial applicant for a flight instructor certificate
must meet the eligibility requirements prescribed in Sec.  61.183; hold
the appropriate flight instructor certificate and rating; meet the
requirements of the part under which the flight training is provided;
and meet one of the following requirements--
    (i) Have held a flight instructor certificate for at least 24
calendar months; and
    (A) For training in preparation for an airplane, rotorcraft, or
powered-lift rating, have given at least 200 hours of flight training
as a flight instructor; or
    (B) For training in preparation for a glider rating, have given at
least 80 hours of flight training as a flight instructor;
    (ii) Have trained and endorsed, during the preceding 24 calendar
months, at least five applicants for a practical test for a pilot
certificate or rating, and at least 80 percent of all applicants
endorsed in that period passed that test on their first attempt; or
    (iii) After completing the flight training requirements in
paragraphs (h)(2)(i)(A) or (B) of this section, as appropriate, have
graduated from an FAA-approved flight instructor

enhanced qualification training program that satisfies the requirements
specified in paragraph (h)(3) of this section.
    (3) Flight instructor enhanced qualification training program. A
flight instructor enhanced qualification training program must be
approved and conducted under part 141 or 142 of this chapter and meet
the following requirements--
    (i) The ground training must include at least 25 hours of
instruction that includes the following subjects:
    (A) Flight instructor responsibilities, functions, lesson planning,
and risk management, including how to instruct an initial flight
instructor applicant on these subjects.
    (B) Teaching methods, procedures, and techniques applicable to
instructing an initial flight instructor applicant.
    (C) Methods of proper evaluation of an initial flight instructor
applicant to detect improper and insufficient transfer of instructional
knowledge, training, and performance of the initial flight instructor
applicant.
    (D) Corrective action in the case of unsatisfactory training
progress.
    (ii) The flight training must include at least 10 hours of training
that includes the following areas:
    (A) Scenario-based training to develop the flight instructor's
ability to instruct an initial flight instructor applicant how to
satisfactorily perform the procedures and maneuvers while giving
effective flight training.
    (B) Instructional knowledge and proficiency to teach an initial
flight instructor applicant in abnormal and emergency procedures, which
must include stall awareness, spin entry, spins, and spin recovery
procedures, if applicable to the category and class of aircraft used in
the flight instructor enhanced qualification training program.
    (C) Risk management and potential results of improper, untimely, or
non-execution of safety measures critical to flight training.
    (D) Methods of proper evaluation of an initial flight instructor
applicant to detect improper and insufficient transfer of instructional
knowledge, training, and performance of the initial flight instructor
applicant.
    (E) Corrective action in the case of unsatisfactory training
progress.
    (F) Methods to detect personal characteristics of an initial flight
instructor applicant that could adversely affect safety.
    (iii) Each flight instructor enrolled in the flight instructor
enhanced qualification training program must satisfactorily complete an
end-of-course written test specific to the ground training subjects in
paragraph (h)(3)(i) of this section and an end-of-course instructional
proficiency flight test specific to the flight training areas in
paragraph (h)(3)(ii) of this section.
    (iv) A full flight simulator or flight training device may be used
to meet the flight training requirements of paragraph (h)(3)(ii) of
this section. The FFS or FTD must be--
    (A) Qualified and maintained in accordance with part 60 of this
chapter or a previously qualified device as permitted in accordance
with Sec.  60.17 of this chapter;
    (B) Approved by the Administrator pursuant to Sec.  61.4(a); and
    (C) Used in accordance with the part under which the FAA-approved
course is conducted.
    (v) A maximum of 5 hours of training received in an advanced
aviation training device may be used to meet the flight training
requirements of paragraph (h)(3)(ii) of this section for programs
conducted under part 141 of this chapter. The advanced aviation
training device must be--
    (A) Approved by the Administrator pursuant to Sec.  61.4(c); and
    (B) Used in accordance with part 141 of this chapter.
    (vi) No certificate holder may use a person nor may any person
serve as an instructor of the flight instructor enhanced qualification
training program unless the instructor holds a flight instructor
certificate or ground instructor certificate and meets one of the
following qualifications:
    (A) Serves as a chief instructor or assistant chief instructor in a
part 141 pilot school;
    (B) Serves as a training center program manager or assistant
training center program manager of a part 142 training center; or
    (C) Meets the qualifications of an assistant chief instructor,
pursuant to Sec.  141.36(d).
    (vii) A part 141 pilot school or part 142 training center must
issue a graduation certificate to each flight instructor who
successfully completes the flight instructor enhanced qualification
training program.
* * * * *
0
9. Revise Sec.  61.197 to read as follows:

Sec.  61.197  Recent experience requirements for flight instructor
certification.

    (a) A person may exercise the privileges of the person's flight
instructor certificate only if, within the preceding 24 calendar
months, that person has satisfied one of the recent experience
requirements specified in paragraph (b) of this section. The 24
calendar month period during which the flight instructor must establish
recent experience shall start from one of the following--
    (1) The month the FAA issued the flight instructor certificate;
    (2) The month the recent experience requirements of paragraph (b)
of this section are accomplished; or
    (3) The last month of the flight instructor's current recent
experience period provided the recent experience requirements of
paragraph (b) of this section are accomplished within the 3 calendar
months preceding the last month of the certificate holder's current
recent experience period.
    (b) A person who holds a flight instructor certificate may
establish recent experience by satisfying one of the following
requirements--
    (1) Passing a practical test for--
    (i) One of the ratings listed on the flight instructor certificate;
or
    (ii) An additional flight instructor rating; or
    (2) Satisfactorily completing one of the following recent
experience requirements, and submitting documentation of such in a form
and manner acceptable to the Administrator--
    (i) During the preceding 24 calendar months, the flight instructor
has endorsed at least 5 applicants for a practical test for a
certificate or rating and at least 80 percent of those applicants
passed that test on the first attempt.
    (ii) Within the preceding 24 calendar months, the flight instructor
has served as a company check pilot, chief flight instructor, company
check airman, or flight instructor in a part 121 or part 135 operation,
or in a position involving the regular evaluation of pilots.
    (iii) Within the preceding 3 calendar months, the person has
successfully completed an approved flight instructor refresher course
consisting of ground training or flight training, or a combination of
both.
    (iv) Within the preceding 24 calendar months from the month of
application, the flight instructor passed an official U.S. Armed Forces
military instructor pilot or pilot examiner proficiency check in an
aircraft for which the military instructor already holds a rating or in
an aircraft for an additional rating.
    (v) Within the preceding 24 calendar months from the month of
application, the flight instructor has served as a flight instructor in
an FAA-sponsored pilot proficiency program, provided the flight
instructor meets the following requirements--
    (A) Holds a flight instructor certificate and meets the appropriate
flight

instructor recent experience requirements of this part;
    (B) Has satisfactorily completed at least one phase of an FAA-
sponsored pilot proficiency program in the preceding 12 calendar
months; and
    (C) Has given at least 15 hours of flight training under the FAA-
sponsored pilot proficiency program to at least 5 pilots and has made
appropriate endorsements in the logbooks of those pilots.
    (c) Except as provided in paragraph (f) of this section, a person
who fails to establish recent experience in accordance with paragraph
(b) of this section during the 24 calendar month period specified in
paragraph (a) of this section may not exercise flight instructor
privileges until those privileges are reinstated in accordance with
Sec.  61.199.
    (d) The practical test required by paragraph (b)(1) of this section
may be accomplished in a full flight simulator or flight training
device if the test is accomplished pursuant to an approved course
conducted by a training center certificated under part 142 of this
chapter.
    (e) A person who holds an unexpired flight instructor certificate
issued before [THE EFFECTIVE DATE OF FINAL RULE] may renew that
certificate by establishing recent experience in accordance with
paragraph (b) of this section prior to the month of expiration on that
person's flight instructor certificate. Except as provided in Sec.
61.40, if that person fails to establish recent experience prior to the
expiration of that person's flight instructor certificate, that person
may not exercise flight instructor privileges until those privileges
are reinstated in accordance with Sec.  61.199.
    (f) A person who qualifies for the relief prescribed in Sec.  61.40
may establish recent experience in accordance with paragraph (b) of
this section, provided the requirements of Sec.  61.40 are met.
0
10. Amend Sec.  61.199 by revising the section heading and paragraph
(a), and removing paragraphs (c) and (d).

Sec.  61.199  Reinstatement of flight instructor privileges.

    (a) Flight instructor privileges. The holder of a flight instructor
certificate who has not complied with the flight instructor recent
experience requirements of Sec.  61.197 may reinstate the person's
flight instructor privileges by filing a completed and signed
application with the FAA and satisfactorily completing one of the
following reinstatement requirements:
    (1) If 3 calendar months or less have passed since the last month
of the flight instructor's recent experience period, the flight
instructor may successfully complete an approved flight instructor
refresher course consisting of ground training or flight training, or a
combination of both, or satisfy one of the requirements specified in
paragraph (a)(2) of this section.
    (2) If more than 3 calendar months have passed since the last month
of the flight instructor's recent experience period, the flight
instructor must satisfactorily complete one of the following:
    (i) A flight instructor certification practical test, as prescribed
by Sec.  61.183(h), for one of the ratings held on the flight
instructor certificate; or
    (ii) A flight instructor certification practical test for an
additional rating.
    (3) For military instructor pilots and pilot examiners, provide a
record showing that, within the preceding 6 calendar months from the
date of application for reinstatement, the person--
    (i) Passed a U.S. Armed Forces instructor pilot or pilot examiner
proficiency check; or
    (ii) Completed a U.S. Armed Forces instructor pilot or pilot
examiner training course and received an additional aircraft
qualification as a military instructor pilot or pilot examiner that is
appropriate to the flight instructor rating sought.
* * * * *
0
11. Revise Sec.  61.215 by adding paragraph (e) to read as follows:

Sec.  61.215  Ground instructor privileges.

* * * * *
    (e) Ground training provided to an initial applicant for a flight
instructor certificate may only be provided by an authorized instructor
in accordance with Sec.  61.195(h)(1).
0
12. Revise Sec.  61.425 to read as follows:

Sec.  61.425  How do I establish recent experience for my flight
instructor certificate with a sport pilot rating?

    (a) If you hold a flight instructor certificate with a sport pilot
rating issued after [THE EFFECTIVE DATE OF FINAL RULE], you must
establish recent experience in accordance with Sec.  61.197.
    (b) If you hold an unexpired flight instructor certificate with a
sport pilot rating issued before [THE EFFECTIVE DATE OF FINAL RULE],
you must renew your certificate by establishing recent experience in
accordance with Sec.  61.197 prior to the month of expiration on your
flight instructor certificate. If you fail to establish recent
experience prior to the expiration of your flight instructor
certificate, you may not exercise flight instructor privileges until
you reinstate those privileges in accordance with Sec.  61.427.
0
13. Revise Sec.  61.427 to read as follows:

Sec.  61.427  How do I reinstate my flight instructor privileges if I
fail to establish recent experience for my flight instructor with a
sport pilot rating certificate?

    If you fail to establish recent experience for your flight
instructor certificate with a sport pilot rating, you must reinstate
your flight instructor privileges by satisfactorily completing one of
the following reinstatement requirements:
    (a) If 3 calendar months or less have passed since the last month
of your recent experience period, you must successfully complete an
approved flight instructor refresher course consisting of ground
training or flight training, or a combination of both, or satisfy the
requirements specified in paragraph (b) of this section.
    (b) If more than 3 calendar months have passed since the last month
of the flight instructor's recent experience period, you must pass a
practical test as prescribed in Sec.  61.405(b) or Sec.  61.183(h) for
one of the ratings listed on your flight instructor certificate with a
sport pilot rating. The FAA will reinstate any privilege authorized by
that flight instructor certificate with a sport pilot rating.

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

0
14. The authority citation for part 63 continues to read as follows:

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

0
15. Amend Sec.  63.35 by revising paragraphs (c), (d)(1)(iii) and
(d)(2), and adding paragraph (d)(3) to read as follows:

Sec.  63.35  Knowledge requirements

* * * * *
    (c) Before taking the written tests prescribed in paragraphs (a)
and (b) of this section, an applicant for a flight engineer certificate
must present satisfactory evidence of having completed one of the
experience requirements of Sec.  63.37. However, the applicant may take
the written tests before acquiring the flight training required by
Sec.  63.37
    (d) * * *
    (1) * * *
    (iii) Meets the recurrent training requirements of the applicable
part or, for mechanics, meets the recency of

experience requirements of part 65 of this chapter;
    (2) Within the period ending 24 calendar months after the month in
which the applicant passed the written test, the applicant participated
in a flight engineer or maintenance training program of a U.S.
scheduled military air transportation service and is currently
participating in that program; or
    (3) An applicant is eligible to take a practical test for a flight
engineer certificate or rating under this part with an expired written
test report in accordance with Sec.  61.40 of this chapter.
* * * * *
0
16. Amend Sec.  63.53 by revising paragraph (b), and adding paragraph
(c) to read as follows:

 Sec.  63.53   Knowledge Requirements

* * * * *
    (b) A report of the test is mailed to the applicant. Except as
provided in paragraph (c) of this section, a passing grade is evidence,
for a period of 24 calendar months after the test, that the applicant
has complied with this section.
    (c) An applicant is eligible to take a practical test for a flight
navigator certificate under this part with an expired written test
report in accordance with Sec.  61.40 of this chapter.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

0
17. The authority citation for part 65 continues to read as follows:

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

0
18. Amend Sec.  65.55 by revising paragraph (b), and adding paragraph
(c) to read as follows:

Sec.  65.55  Knowledge requirements.

* * * * *
    (b) Except as provided in paragraph (c) of this section, the
applicant must present documentary evidence satisfactory to the
Administrator of having passed an aircraft dispatcher knowledge test
within the preceding 24 calendar months.
    (c) An applicant is eligible to take a practical test for an
aircraft dispatcher certificate under this part with an expired written
test report in accordance with Sec.  61.40 of this chapter.
0
19. Amend Sec.  65.71 by revising paragraphs (a)(4) and (b) to read as
follows:

Sec.  65.71  Eligibility requirements: General.

    (a) * * *
    (4) Comply with the sections of this subpart that apply to the
rating the applicant seeks.
    (b) A certificated mechanic who applies for an additional rating
must meet the requirements of Sec.  65.77 and, within a period of 24
calendar months, pass the tests prescribed by Sec. Sec.  65.75 and
65.79 for the additional rating sought, except as provided in Sec.
65.75(d).
0
20. Amend Sec.  65.75 by adding paragraph (d) to read as follows:

Sec.  65.75  Knowledge requirements.

* * * * *
    (d) An applicant is eligible to take a practical test for a
mechanic certificate or rating under this part with an expired written
test report in accordance with Sec.  61.40 of this chapter.
0
21. Amend Sec.  65.93 by revising the introductory text of paragraph
(a), and adding paragraph (d) to read as follows:

Sec.  65.93  Inspection authorization: Renewal.

    (a) Except as provided in paragraph (d) of this section, to be
eligible for renewal of an inspection authorization for a 2-year period
an applicant must present evidence during the month of March of each
odd-numbered year, at the responsible Flight Standards office, that the
applicant still meets the requirements of Sec.  65.91(c)(1) through
(4). In addition, during the time the applicant held the inspection
authorization, the applicant must show completion of one of the
activities in paragraphs (a)(1) through (5) of this section by March 31
of the first year of the 2-year inspection authorization period, and
completion of one of the five activities during the second year of the
2-year period:
* * * * *
    (d) A person who qualifies for the relief prescribed in Sec.  61.40
of this chapter is eligible to renew an expired inspection
authorization under this section, provided the requirements of Sec.
61.40 of this chapter are met.

PART 141--PILOT SCHOOLS

0
23. The authority citation for part 141 continues to read as follows:

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

0
24. Amend Sec.  141.11 by adding paragraph (b)(2)(ix) and paragraph
(b)(4) to read as follows:

Sec.  141.11  Pilot school ratings.

* * * * *
    (b) * * *
    (2) * * *
    (ix) Flight instructor enhanced qualification training program.
* * * * *
    (4) Combined Private Pilot Certification and Instrument Rating
Course (Appendix M).
0
25. Amend appendix K to part 141 by:
0
a. Revising the paragraph heading of paragraph 4.;
0
b. Revising paragraphs 4.(a) through (c); and
0
c. Adding paragraph 14.
    The revisions and addition read as follows:

Appendix K to Part 141--Special Preparation Courses

* * * * *
    4. Use of full flight simulators, flight training devices, or
aviation training devices.
    (a) The approved special preparation course may include training in
a full flight simulator or flight training device, provided it is
representative of the aircraft for which the course is approved, meets
requirements of this paragraph, and the training is given by an
authorized instructor. A flight instructor enhanced qualification
training program may include training in an advanced aviation training
device in accordance with paragraph 14 of this appendix and Sec.
61.195(h)(3)(v) of this chapter.
    (b) Except for the airline transport pilot certification program in
paragraph 13 of this appendix and the flight instructor enhanced
qualification training program in paragraph 14 of this appendix,
training in a full flight simulator that meets the requirements of
Sec.  141.41(a), may be credited for a maximum of 10 percent of the
total flight training hour requirements of the approved course, or of
this section, whichever is less.
    (c) Except for the airline transport pilot certification program in
pragraph 13 of this appendix and the flight instructor enhanced
qualification training program in paragraph 14 of this appendix,
training in a flight training device that meets the requirements of
Sec.  141.41(a), may be credited for a maximum of 5 percent of the
total flight training hour requirements of the approved course, or of
this section, whichever is less.
* * * * *
    14. Flight instructor enhanced qualification training program. An
approved flight instructor enhanced qualification training program must
include the ground and flight training specified in Sec.  61.195(h)(3)
of this chapter. The FAA will not approve a course with fewer hours
than those prescribed in Sec.  61.195(h)(3) of this chapter.

    Issued under authority provided by 49 U.S.C. 106(f),
44701(a)(5), and 44703(a) in Washington, DC.
Wesley L. Mooty,
Acting Deputy Executive Director, Flight Standards Service.
[FR Doc. 2023-10182 Filed 5-22-23; 8:45 am]
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