[Federal Register: August 21, 2009 (Volume 74, Number 161)]
[Rules and Regulations]
[Page 42499-42571]
[DOCID:fr21au09-9]

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Part IV

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 61, 91, and 141

Pilot, Flight Instructor, and Pilot School Certification; Final Rule

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 91, and 141

[Docket No. FAA-2006-26661; Amendment Nos. 61-124, 91-309, and 141-12]
RIN 2120-AI86

Pilot, Flight Instructor, and Pilot School Certification

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule revises the training, qualification,
certification, and operating requirements for pilots, flight
instructors, ground instructors, and pilot schools. These changes are
needed to clarify, update, and correct our existing regulations. These
changes are intended to update and clarify the training and
qualifications rules for pilots, flight instructors, ground
instructors, and pilot schools to ensure a better understanding of
these rules that relate to aircraft operations in the National Airspace
System.

DATES: This final rule is effective October 20, 2009.

FOR FURTHER INFORMATION CONTACT: John D. Lynch, Certification and
General Aviation Operations Branch, AFS-810, General Aviation and
Commercial Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; e-mail to<EMAIL_ADDRESS>For legal
interpretative questions about this final rule, contact: Michael Chase,
AGC-240, Office of Chief Counsel, Regulations Division, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone<PHONE_NUMBER>; e-mail to<EMAIL_ADDRESS>
Executive Summary

    The Federal Aviation Administration (FAA) is amending several
regulations to further our safety mission, incorporate international
flight standards, and respond to recent technological advances in
aviation. The essence of these interlocking changes is pilot, flight
instructor, and pilot school certification. The instruction and
training taking place in pilot schools is for many their first exposure
to recent aviation, technological, and industry changes. For the above
reasons, the FAA has found it necessary to update, correct, and clarify
our rules and requirements for pilots, flight instructor, and pilot
school certification. Many of our changes reflect and incorporate
comments and suggestions made by trade organizations, flight schools,
manufacturers, individual pilots, and others.
    On February 7, 2007, the FAA published the notice of proposed
rulemaking (NPRM) for airmen certification entitled ``Pilots, flight
instructors, ground instructors, and pilot schools; training,
certification, and operating requirements'' (Notice No. 06-20; 72 FR
5806-5854). The NPRM follows an earlier final rule amending the pilot
and flight instructor certification, training, and experience rules of
part 61 (See 62 FR 16220; April 4, 1997). Since the 1997 final rule, we
determined changes were needed to clarify and refine these regulations
and address problems discovered post-publication. We also received a
number of helpful comments and interpretation requests from the pilot,
flight instructor, and training community. In order to make our rule
revisions more comprehensive, the NPRM included changes to 14 CFR part
91 and part 141 appendices.
    We made two significant proposals in the NPRM: The first one
details pilot and flight instructor training and qualifications for
night vision goggle (NVG) operations; and, the second one converts
military flight instructor training experience to civilian teaching. We
also made a number of other changes reflected in the following table
and discussed in the rule preamble.
    The FAA received considerable public response to the NPRM. We
received 1,970 different comments from 231 commenters. These commenters
represented a diverse ``cross-section'' of the aviation community
including: Commenters who identified themselves as actively serving in
the United States Armed Forces or Armed Forces Reserves; flight schools
(commercial and educational), flight training facilities, or other
organizations associated with flight training; aircraft manufacturers
or aircraft manufacturer associations, pilot, aircraft, and helicopter
owner associations; civil aviation associations; and law enforcement
agencies or organizations associated with NVG operations. The
substantive comments on both the overarching issues and specific rule
changes are detailed in the ``General Comments'' and ``Editorial
Comments'' sections of this preamble.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Sec.  106
describes the authority of the FAA Administrator, including the
authority to issue, rescind, and revise regulations. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Chapter 447--Safety Regulation. Under Sec.
44701, the FAA is charged with promoting safe flight of civil aircraft
in air commerce by prescribing regulations necessary for safety. Under
Sec.  44703, the FAA issues an airman certificate to an individual when
we find, after investigation, that the individual is qualified for, and
physically able to perform the duties related to, the position
authorized by the certificate. In this final rule, we are amending
certain training, qualification, certification, and operating
requirements for pilots, flight instructors, ground instructors, and
pilot schools.
    These revisions are intended to ensure that flight crewmembers have
the training and qualifications to enable them to operate aircraft
safely. For this reason, these revisions are within the scope of our
authority and are a reasonable and necessary exercise of our statutory
obligations.

Summary Table on the Revisions

    The table below is a listing of the changes that are contained in
this final rule in order of their Code of Federal Regulations (CFR)
designations. The table is organized as follows: The first column,
identified as ``Revision No.,'' refers to the paragraph number in the
``Description of Revision'' portion of this preamble where a detailed
discussion of the revision appears. The second column gives the CFR
designation of the regulation we are revising. The third column,
identified as ``Summary of the Revisions,'' provides a brief summary of
the revision.
    This final rule revises and makes clarifications under part 61 that
pertain to pilot, flight instructor, and ground instructor
certification requirements. This final rule revises Sec.  91.205(h)
which is the rule that establishes the required instruments and
equipment for use in NVG operations. This final rule also revises part
141 and its appendixes, which apply to part 141 approved pilot schools
and provisional pilot schools.

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          Revision No.                 CFR designation                     Summary of the revisions
----------------------------------------------------------------------------------------------------------------
1..............................  Sec.   61.1(b)(12)........  Adds a definition for the term ``night vision
                                                              goggles.''
2..............................  Sec.   61.1(b)(13)........  Adds a definition for the term ``night vision
                                                              goggle operations.''
3..............................  Sec.   61.2...............  Establishes the requirements regarding ``currency''
                                                              and ``validity'' in a new Sec.   61.2 as it
                                                              relates to exercising the privileges of an airman
                                                              certificate, rating, endorsement, or
                                                              authorization.
4..............................  Sec.   61.3(j)(1).........  This proposal to delete the phrase ``Except as
                                                              provided in paragraph (j)(3) of this section'' is
                                                              being withdrawn as the ``Part 121 Pilot Age
                                                              Limit'' direct final rule has incorporated this
                                                              proposal and has also increased the age
                                                              requirement to 65 years for pilots engaged in part
                                                              121 air carrier operations.
4..............................  Sec.   61.3(j)(3).........  We had proposed to delete this provision because
                                                              the dates have passed. However, this proposal has
                                                              been withdrawn as the ``Part 121 Pilot Age Limit''
                                                              direct final rule has overtaken the need for this
                                                              proposed change.
5..............................  Sec.   61.19(b)...........  Extends the duration period for student pilot
                                                              certificates for persons under the age of 40
                                                              years.
6..............................  Sec.   61.19(b)(3)........  Extends the duration period for student pilot
                                                              certificates for persons seeking the glider or
                                                              balloon rating to 60 calendar months, regardless
                                                              of the age of the person.
7..............................  Sec.   61.19(d)...........  The NPRM proposed to issue flight instructor
                                                              certificates without expiration dates. The FAA has
                                                              decided to withdraw this proposal and will
                                                              continue to issue flight instructor certificates
                                                              with an expiration date.
8 & 81.........................  Sec.   61.19(e)...........  Parallels the ground instructor certificate
                                                              duration with the ground instructor currency
                                                              requirements in revised Sec.   61.217.
9..............................  Sec.   61.23(a)(3)(iv)-(v)  Makes minor editorial changes to the medical
                                                              certificate requirements.
9..............................  Sec.   61.23(a)(3)(vii)...  Permits Examiners to hold only a third class
                                                              medical certificate as already provided for in FAA
                                                              Order 8900.2.
10.............................  Sec.   61.23(b)(3)........  Clarifies that persons who are exercising the
                                                              privileges of their pilot certificate when
                                                              operating a balloon or a glider are not required
                                                              to hold a medical certificate.
11.............................  Sec.   61.23(b)(7)........  Clarifies that Examiners who administer practical
                                                              tests in a glider, balloon, flight simulator, or
                                                              flight training device are not required to hold a
                                                              medical certificate.
12.............................  Sec.   61.23(b)(8)........  Clarifies that no medical certificate is required
                                                              when taking a practical test in a glider, balloon,
                                                              flight simulator, or flight training device.
13.............................  Sec.   61.23(b)(9)........  Adds a provision that excuses U.S. military pilots
                                                              from obtaining an FAA medical certification, if
                                                              they hold an ``up-to-date'' medical clearance from
                                                              the U.S. Armed Forces, and the flight only
                                                              requires privileges of a third class medical
                                                              certificate and is conducted within U.S. airspace.
14.............................  Sec.   61.29(d)(3)........  Deletes the requirement that a person furnish his/
                                                              her Social Security Number.
15.............................  Sec.   61.31(d)(1), (2), &  Corrects a duplication of provisions between
                                  (3).                        paragraphs (d)(2) and (3).
16.............................  Sec.   61.31(k)...........  Establishes training for operating with night
                                                              vision goggles in a new paragraph (k).
17.............................  Sec.   61.35(a)(2)(iv)....  Clarifies when a person must show his/her current
                                                              residential address when making application for a
                                                              knowledge test.
18.............................  Sec.   61.39(b)(2)........  Deletes the word ``scheduled'' in front of the
                                                              phrase ``U.S. military air transport operations.''
19.............................  Sec.   61.39(c)(2)........  Deletes the exception that an applicant does not
                                                              have to receive an instructor endorsement for an
                                                              additional aircraft class rating. Sections
                                                              61.39(a)(6) and 61.63(c) require an instructor
                                                              endorsement.
20.............................  Sec.   61.39(a)(6)(i), (d)  Changes the phrase ``60 calendar days'' to read ``2
                                  and (e).                    calendar months'' for the training required prior
                                                              to the practical test.
21.............................  Sec.   61.43(a) and (b)...  Clarifies when single pilot performance is required
                                                              on the practical test versus permitting issuance
                                                              of the ``second in command'' limitation.
22.............................  Sec.   61.45(a)(2)(iii)...  Defines a military aircraft for the purpose of
                                                              using it for a practical test.
23.............................  Sec.   61.45(c)...........  Excepts gliders that are unpowered from the
                                                              requirement that aircraft used for a practical
                                                              test must have engine power controls and flight
                                                              controls that are easily reached and operable in a
                                                              conventional manner by both pilots.
24.............................  Sec.   61.51(b)(3)(iv)....  Adds a provision for logging night vision goggle
                                                              time.
27.............................  Sec.   61.51(b)(1)(iv)....  Revises the instructions for logbook entries to
                                                              include aviation training device (ATD).
                                 Sec.   61.51(b)(2)(v)
                                 Sec.   61.51(b)(3)(iii)
25.............................  Sec.   61.51(e)(1)........  Corrects an omission and permits sport pilots and
                                                              airline transport pilots (ATPs) to log pilot in
                                                              command (PIC) flight time.
26.............................  Sec.   61.51(e)(1)(iv)....  Permits a pilot who is performing the duties of PIC
                                                              while under the supervision of a qualified PIC to
                                                              log PIC flight time.
27.............................  Sec.   61.51(g)(4)........  Requires that when using a flight simulator, flight
                                                              training device, or an ATD for training, an
                                                              instructor must be present and sign the person's
                                                              logbook or training record.
28.............................  Sec.   61.51(j)...........  Establishes that an aircraft must hold an
                                                              airworthiness certificate, with some exceptions,
                                                              for a pilot to log flight time to meet the
                                                              certificate, rating, or recent flight experience
                                                              requirements under part 61.
29.............................  Sec.   61.51(k)...........  Adds the criteria and standards for logging night
                                                              vision goggle time.
30.............................  Sec.   61.57(c)(1)........  In the NPRM, we had proposed to revise the
                                                              instrument recent flight experience for
                                                              maintaining instrument privileges in airplanes,
                                                              powered-lifts, helicopters, and airships. The FAA
                                                              has decided to maintain the existing instrument
                                                              recency requirements and just make formatting and
                                                              editorial revisions to the rule.
30.............................  Sec.   61.57(c)(2)-(5)....  Permits the use of flight simulators, flight
                                                              training devices, or ATDs for performing
                                                              instrument recent flight experience.
30.............................  Sec.   61.57(c)(6)........  Revises the instrument recent flight experience for
                                                              maintaining instrument privileges in gliders.

31.............................  Sec.   61.57(d)...........  Clarifies when an instrument proficiency check must
                                                              be completed to serve as the PIC under IFR or in
                                                              weather conditions less than the minimums
                                                              prescribed for VFR.
32.............................  Sec.   61.57(f)...........  Adds a night vision goggle recent operating
                                                              experience requirement to remain PIC qualified for
                                                              night vision goggle operations.
33.............................  Sec.   61.57(g)...........  Adds a night vision goggle proficiency check
                                                              requirement to remain PIC qualified for night
                                                              vision goggle operations.
34.............................  Sec.   61.59(a)-(b).......  The FAA has decided to withdraw this proposal that
                                                              would have paralleled this section with the
                                                              language contained in Sec.   67.403 of this
                                                              chapter.
35.............................  Sec.   61.63..............  Changes the section heading to read ``Additional
                                                              aircraft ratings (other than for ratings at the
                                                              airline transport pilot certificate level).''
35.............................  Sec.   61.63(c)(4)........  Clarifies what is intended for those applicants who
                                                              hold only a lighter than air (LTA)-Balloon rating
                                                              and who seek a LTA-Airship rating.
35.............................  Sec.   61.63(d)(5)........  Adds a provision to account for aircraft not
                                                              capable of instrument flight. Parallels revised
                                                              Sec.   61.157(b)(3).
35.............................  Sec.   61.63(e)...........  Amends the requirement for permitting use of
                                                              aircraft not capable of instrument flight for a
                                                              rating. Parallels revised Sec.   61.157(g).
35.............................  Sec.   61.63(f)...........  Clarifies that an applicant for type rating in a
                                                              multiengine, single seat airplane must meet the
                                                              requirements in the multi-seat version of that
                                                              type airplane, or the examiner must be in a
                                                              position to observe the applicant during the
                                                              practical test. Parallels revised Sec.
                                                              61.157(h).
35.............................  Sec.   61.63(g)...........  Clarifies that an applicant for type rating in a
                                                              single engine, single seat airplane may meet the
                                                              requirements in a multi-seat version of that type
                                                              airplane, or the examiner must be in a position to
                                                              observe the applicant during the practical test.
                                                              Parallels revised Sec.   61.157(i).
36.............................  Sec.   61.64..............  Places the existing Sec.   61.63(e), (f), and (g)
                                                              and Sec.   61.157(g), (h), and (i) that address
                                                              the requirements for using flight simulators and
                                                              flight training devices into revised Sec.   61.64.
35.............................  Sec.   61.63(h)...........  Clarifies that certain tasks may be waived if the
                                                              FAA has approved the task to be waived to parallel
                                                              Sec.   61.157(m).
36.............................  Sec.   61.64(a) and (b)...  Moves Sec.   61.63(e) and Sec.   61.157(g) to
                                                              revised Sec.   61.64. Simplifies and amends the
                                                              requirements and limitations for use of a flight
                                                              simulator or flight training device for an
                                                              airplane rating.
36.............................  Sec.   61.64(a)(2)(i) &     Clarifies that to use a flight simulator for
                                  (ii).                       training and testing for the airplane category,
                                                              class, or type rating, the type rating cannot
                                                              contain the supervised operating experience
                                                              limitation.
36.............................  Sec.   61.64(c) and (d)...  Moves Sec.   61.63(f) and Sec.   61.157(h) to
                                                              revised Sec.   61.64. Simplifies and amends the
                                                              requirements and limitations for use of a flight
                                                              simulator or flight training device for a
                                                              helicopter rating.
36.............................  Sec.   61.64(c)(2)(i) &     Clarifies that to use a flight simulator for
                                  (ii).                       training and testing for the helicopter class or
                                                              type rating, the type rating cannot contain the
                                                              supervised operating experience limitation.
36.............................  Sec.   61.64(e) and (f)...  Moves Sec.   61.63(g) and Sec.   61.157(i) to
                                                              revised Sec.   61.64. Simplifies and amends the
                                                              requirements and limitations for use of a flight
                                                              simulator or flight training device for a powered-
                                                              lift rating.
36.............................  Sec.   61.64(e)(2)(i) &     Clarifies that to use a flight simulator for
                                  (ii).                       training and testing for the powered-lift category
                                                              or type rating, the type rating cannot contain the
                                                              supervised operating experience limitation.
37.............................  Sec.   61.65(d)...........  For an airplane, requires at least 10 hours of
                                                              cross country time as PIC, appropriate to the
                                                              instrument rating sought, so that it conforms to
                                                              the ICAO requirements for instrument rating.
37.............................  Sec.   61.65(e)...........  For a helicopter, requires at least 10 hours of
                                                              cross country time as PIC, appropriate to the
                                                              instrument rating sought, so that it conforms to
                                                              the ICAO requirements for instrument rating.
37.............................  Sec.   61.65(f)...........  For a powered-lift, requires at least 10 hours of
                                                              cross country time as PIC, appropriate to the
                                                              instrument rating sought, so that it conforms to
                                                              the ICAO requirements for instrument rating.
37.............................  Sec.   61.65(g)...........  Makes minor changes to address the usage of flight
                                                              simulator and flight training devices for the
                                                              instrument rating. Re-designate paragraph (e) as
                                                              paragraph (g).
38.............................  Sec.   61.65(h)...........  Permits the use of an ATD to be used for 10 hours
                                                              of instrument time.
39.............................  Sec.   61.69(a)(4)........  Corrects a typographical error involving the word
                                                              ``or.''
40.............................  Sec.   61.69(a)(6)........  Increases the recent flight experience requirements
                                                              for tow pilots from 12 months to 24 months.
41.............................  Sec.   61.73(b)...........  Removes the requirement that military pilots and
                                                              former military pilots be on active flying status
                                                              within the past 12 months to qualify under these
                                                              special rules. Deletes the requirement that
                                                              military pilots and former military pilots have
                                                              PIC status to qualify for pilot certification
                                                              under these special rules. Also, makes minor
                                                              editorial changes.
41.............................  Sec.   61.73(c)...........  Allows military pilots of an Armed Force of a
                                                              foreign contracting State to International Civil
                                                              Aviation Organization (ICAO) to qualify for U.S.
                                                              Commercial Pilot Certificates and ratings provided
                                                              they are assigned in an operational U.S. military
                                                              unit for other than flight training purposes.
41.............................  Sec.   61.73(f)...........  Re-designates paragraph (g) as paragraph (f) and
                                                              deletes the phrase ``as pilot in command during
                                                              the 12 calendar months before the month of
                                                              application.''
42.............................  Sec.   61.73(g)...........  Allows issuance of flight instructor certificates
                                 Sec.   61.197(a)(2)(iv)...   and ratings to military instructor pilots and
                                                              examiners who can show having been designated as a
                                                              U.S. military instructor pilot or examiner.
                                                              Provides an alternative method for U.S. military
                                                              instructor pilots and examiners who hold an FAA
                                                              flight instructor certificate to renew their
                                                              flight instructor certificate and ratings.

43.............................  Sec.   61.73(h)...........  Clarifies the documents required to qualify
                                                              military pilots for a pilot certificate and
                                                              ratings under the special rules of Sec.   61.73
                                                              for military pilots.
44.............................  Sec.   61.75(a)...........  Requires a holder of a foreign pilot license to
                                                              have at least a foreign private pilot license in
                                                              order to apply for a U.S. private pilot
                                                              certificate under Sec.   61.75.
44.............................  Sec.   61.75(b)...........  Requires a holder of a foreign pilot license to
                                                              have at least a foreign private pilot license in
                                                              order to apply for a U.S. private pilot
                                                              certificate under Sec.   61.75.
45.............................  Sec.   61.75(b)(3)........  Adds ``other than a U.S. student pilot
                                                              certificate.''
46.............................  Sec.   61.75(c)...........  Adds the qualifier ``for private pilot privileges
                                                              only'' to clarify issuance of U.S. private pilot
                                                              certificates based on foreign pilot licenses.
3..............................  Sec.   61.75(d)...........  Adds the qualifier ``valid.''
47.............................  Sec.   61.75(e)...........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate.''
47.............................  Sec.   61.75(e)(1)........  Corrects an error: Where the rule stated ``private
                                                              pilot privilege,'' it has been corrected to read:
                                                              ``pilot privileges authorized by this part and the
                                                              limitations placed on that U.S. pilot
                                                              certificate.''
47.............................  Sec.   61.75(e)(4)........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate.''
47.............................  Sec.   61.75(f)...........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate'' in 2 places.
47.............................  Sec.   61.75(g)...........  Corrects an error: Where the rule stated ``U.S.
                                                              private pilot certificate,'' it has been corrected
                                                              to read: ``U.S. pilot certificate'' in 2 places.
48.............................  Sec.   61.77(a)(2)........  Clarifies who can be issued a special purpose pilot
                                                              authorization.
48.............................  Sec.   61.77(b)(1)........  Clarifies the requirements for issuance of a
                                                              special purpose pilot authorization.
48.............................  Sec.   61.77(b)(5)........  Deletes a requirement that an applicant have
                                                              documentation of meeting the recent flight
                                                              experience requirements of part 61 be issued a
                                                              special purpose pilot authorization.
49.............................  Sec.   61.96(b)(9)........  Requires an applicant for a recreational pilot
                                                              certificate to hold either a student pilot
                                                              certificate or sport pilot certificate.
50.............................  Sec.   61.101(e)(1)(iii)    Excludes aircraft that are certificated as
                                  and (j).                    rotorcraft from the 180 horsepower powerplant
                                                              limitation. Corrects a mistake in paragraph (j)
                                                              that references ``paragraph (h)'' where the rule
                                                              should reference ``paragraph (i).''
51.............................  Sec.   61.103(j)..........  Requires a private pilot certificate applicant to
                                                              hold a student pilot certificate, recreational
                                                              pilot certificate, or sport pilot certificate.
52.............................  Sec.   61.109(a)(5)(ii)...  Changes the distance on a cross country flight for
                                                              private pilot certification--single engine
                                                              airplane rating from ``at least 50 nautical
                                                              miles'' to ``more than 50 nautical miles.''
52.............................  Sec.   61.109(b)(5)(ii)...  Changes the distance on a cross country flight for
                                                              private pilot certification--multiengine airplane
                                                              rating from ``at least 50 nautical miles'' to
                                                              ``more than 50 nautical miles.''
53.............................  Sec.   61.109(c)(4)(ii)...  Changes the distance on the solo cross country
                                                              flight for private pilot certification--helicopter
                                                              rating to conform to ICAO requirements. Changes
                                                              the distance on a cross country flight for private
                                                              pilot certification--helicopter rating from ``at
                                                              least 25 nautical miles'' to read ``more than 25
                                                              nautical miles.''
54.............................  Sec.   61.109(d)(4)(ii)...  Changes the distance on the solo cross country
                                                              flight for private pilot certification--gyroplane
                                                              rating to conform to ICAO requirements. Changes
                                                              the distance on a cross country flight for private
                                                              pilot certification--gyroplane rating from ``at
                                                              least 25 nautical miles'' to read ``more than 25
                                                              nautical miles.''
52.............................  Sec.   61.109(e)(5)(ii)...  Changes the distance on a cross country flight for
                                                              private pilot certification--powered-lift rating
                                                              from ``at least 50 nautical miles'' to ``more than
                                                              50 nautical miles.''
55.............................  Sec.   61.127(b)(4)(vi)...  Adds ``ground reference maneuvers'' as an area of
                                                              operation for commercial pilot certification--
                                                              gyroplane rating.
56.............................  Sec.   61.127(b)(5)(vii)..  Deletes ``ground reference maneuvers'' for
                                                              commercial pilot certification powered lift
                                                              rating.
57.............................  Sec.   61.129(a)(3)(i)....  Clarifies the instrument training tasks required
                                                              for commercial pilot certification--airplane
                                                              single engine rating by requiring training using a
                                                              view-limiting device.
62.............................  Sec.   61.129(a)(3)(iii)..  Allows the daytime cross country flight for
                                                              commercial pilot certification single engine
                                                              airplane rating to be performed under visual
                                                              flight rules (VFR) or instrument flight rules
                                                              (IFR).
62.............................  Sec.   61.129(a)(3)(iv)...  Allows the cross country flight at nighttime for
                                                              commercial pilot certification airplane single
                                                              engine rating to be performed under VFR or IFR.
64.............................  Sec.   61.129(a)(4).......  Permits training to be performed solo or with an
                                                              instructor onboard for commercial pilot
                                                              certification--airplane single engine rating.
58.............................  Sec.   61.129(b)(3)(i)....  Requires instrument training tasks for commercial
                                                              pilot certification airplane multiengine rating to
                                                              include training using a view-limiting device.
62.............................  Sec.   61.129(b)(3)(iii)..  Allows the daytime cross country flight for
                                                              commercial pilot certification multiengine
                                                              airplane rating to be performed under VFR or IFR.
62.............................  Sec.   61.129(b)(3)(iv)...  Allows the cross country flight at nighttime for
                                                              commercial pilot certification multiengine
                                                              airplane rating to be performed under VFR or IFR.
59.............................  Sec.   61.129(c)(3)(i)....  Reduces the hour requirements on the control and
                                                              maneuvering of a helicopter solely by reference to
                                                              instruments from 10 hours to 5 hours for
                                                              commercial pilot certification--helicopter rating
                                                              and permits it to be performed in an aircraft,
                                                              flight simulator, or flight training device.
                                                              Clarifies the control and maneuvering of a
                                                              helicopter solely by reference to instruments
                                                              required for commercial pilot certification for
                                                              the helicopter rating must include training using
                                                              a view-limiting device.
62.............................  Sec.   61.129(c)(3)(ii)...  Permits the daytime cross country flight for
                                                              commercial pilot certification helicopter rating
                                                              to be performed under VFR or IFR.

62.............................  Sec.   61.129(c)(3)(iii)..  Permits the cross country flight at nighttime for
                                                              commercial pilot certification helicopter rating
                                                              to be performed under VFR or IFR.
64.............................  Sec.   61.129(c)(4).......  Permits training for commercial pilot certification
                                                              helicopter rating to be performed solo or with an
                                                              instructor onboard.
60.............................  Sec.   61.129(d)(3)(i)....  Reduces the instrument training for commercial
                                                              pilot certification--gyroplane rating to 2.5 hours
                                                              on the control and maneuvering of a gyroplane
                                                              solely by reference to instrument and permits it
                                                              to be conducted in an aircraft, flight simulator,
                                                              or flight training device. Clarifies the control
                                                              and maneuvering of a gyroplane solely by reference
                                                              to instrument required for commercial pilot
                                                              certification gyroplane rating must include
                                                              training using a view-limiting device.
62.............................  Sec.   61.129(d)(3)(ii)...  Allows the daytime cross country flight for
                                                              commercial pilot certification gyroplane rating to
                                                              be performed under VFR or IFR.
63.............................  Sec.   61.129(d)(3)(iii)..  Deletes the requirement for a cross country flight
                                                              at nighttime for commercial pilot certification
                                                              gyroplane rating and establishes it as ``At least
                                                              two hours of flight training during nighttime
                                                              conditions in a gyroplane at an airport, that
                                                              includes 10 takeoffs and 10 landings to a full
                                                              stop (with each landing involving a flight in the
                                                              traffic pattern).''
64.............................  Sec.   61.129(d)(4).......  Permits training for commercial pilot certification
                                                              gyroplane rating to be performed solo or with an
                                                              instructor onboard.
61.............................  Sec.   61.129(e)(3)(i)....  Requires that instrument training tasks for
                                                              commercial pilot certification powered-lift rating
                                                              include training using a view-limiting device.
61.............................  Sec.   61.129(e)(3)(ii)...  Permits the cross country flight at nighttime for
                                                              commercial pilot certification powered-lift rating
                                                              to be performed under VFR or IFR.
62.............................  Sec.   61.129(e)(3)(iii)..  Permits the cross country flight at nighttime for
                                                              commercial pilot certification powered-lift rating
                                                              to be performed under VFR or IFR.
64.............................  Sec.   61.129(e)(4).......  Permits training for commercial pilot certification
                                                              powered-lift rating to be performed solo or with
                                                              an instructor onboard.
64.............................  Sec.   61.129(g)(2).......  Permits training for commercial pilot certification
                                                              airship rating to be performed either solo or
                                                              while performing the duties of PIC with an
                                                              instructor onboard.
65.............................  Sec.   61.129(g)(3).......  Reformats paragraph (3) into subparagraphs (i) and
                                                              (ii). Clarifies that the instrument training tasks
                                                              for commercial pilot certification airship rating
                                                              requires instrument training using a view-limiting
                                                              device.
62.............................  Sec.   61.129(g)(4)(ii) &   Permits the cross country training for commercial
                                  (iii).                      pilot certification airship rating to be performed
                                                              under VFR or IFR.
66.............................  Sec.   61.153(d)(3)(i),     Further clarifies the additional condition to
                                  (ii).                       qualify for a U.S. ATP certificate on the basis of
                                                              a foreign pilot certificate.
67.............................  Sec.   61.157.............  Reprints this section in its entirety due to
                                                              numerous editorial, formatting, and technical
                                                              revisions.
67.............................  Sec.   61.157(b)..........  Adds the language ``or a type rating that is
                                                              completed concurrently with an airline transport
                                                              pilot certificate'' for clarification purposes.
                                                              Reformats this section to establish a paragraph
                                                              (g) that permits the use of an aircraft not
                                                              capable of instrument flight for a type rating to
                                                              be added to an existing ATP certificate. This
                                                              revision parallels the changes in Sec.   61.63(e).
67.............................  Sec.   61.157(f)(1)(ii)...  Clarifies the aeronautical knowledge areas of the
                                                              competency check under Sec.   135.293 for
                                                              qualifying for an aircraft rating. The reason for
                                                              this change is because Part 142 training centers
                                                              and designated pilot examiners are only authorized
                                                              to test an applicant on the aeronautical knowledge
                                                              areas of Sec.   135.293(a)(2) and (3) and not on
                                                              the aeronautical knowledge areas of Sec.
                                                              135.293(a)(1) and (4) through (8). Procedurally,
                                                              the FAA only permits the part 135 operator's check
                                                              airman and FAA Inspectors to test the applicant on
                                                              the aeronautical knowledge areas of Sec.
                                                              135.293(a)(1) and (4) through (8).
36 & 67........................  Sec.   61.157(g)..........  Clarifies the use of flight simulators and flight
                                                              training devices and applicant qualifications for
                                                              the airplane rating at the ATP certification level
                                                              and moves it in to Sec.   61.64 in paragraph (a)
                                                              and (b).
36 & 67........................  Sec.   61.157(h)..........  Clarifies the use of flight simulators and flight
                                                              training devices and applicant qualifications for
                                                              the helicopter rating at the ATP certification
                                                              level and moves it into Sec.   61.64 in paragraph
                                                              (c) and (d).
36 & 67........................  Sec.   61.157(i)..........  Clarifies the use of flight simulators and flight
                                                              training devices and applicant qualifications for
                                                              the powered-lift rating at the ATP certification
                                                              level and moves it into Sec.   61.64 as paragraph
                                                              (e) and (f).
68.............................  Sec.   61.157(g)..........  Re-designates paragraph (j) as paragraph (g).
                                                              Amends the requirements for permitting use of
                                                              aircraft not capable of instrument flight for a
                                                              rating to permit the issuance of a ``VFR Only''
                                                              limitation for ATP certification. This revision
                                                              parallels the changes in Sec.   61.63(e).
68.............................  Sec.   61.157(h)..........  Adds a provision to permit an applicant for type
                                                              rating in a multiengine, single seat airplane to
                                                              be performed in a multi-seat version of that type
                                                              airplane, or the examiner must be in a position to
                                                              observe the applicant during the practical test.
                                                              This revision parallels the changes in Sec.
                                                              61.63(f).
69.............................  Sec.   61.157(i)..........  Adds a provision permitting an applicant for type
                                                              rating in a single engine, single seat airplane to
                                                              be performed in a multi-seat version of that type
                                                              airplane, or the examiner must be in a position to
                                                              observe the applicant during the practical test.
                                                              This revision parallels the changes in Sec.
                                                              61.63(g).
70.............................  Sec.   61.159(c)(3).......  Adds a provision to accommodate the crediting of
                                                              flight engineer time for U.S. military flight
                                                              engineers for qualifying for an ATP certificate
                                                              that is similar to what is provided for crediting
                                                              flight engineer time under part 121.
71.............................  Sec.   61.159(d)..........  Clarifies when an applicant may be issued an ATP
                                                              certificate with the ICAO endorsement.

71.............................  Sec.   61.159(e)..........  Clarifies a holder of an ATP certificate with the
                                                              ICAO endorsement may have the endorsement removed
                                                              after meeting the aeronautical experience of
                                                              revised Sec.   61.159(d).
72.............................  Sec.   61.187(b)(6)(vii)..  Deletes the ``go around maneuver'' for flight
                                                              instructor certification for the glider rating.
73.............................  Sec.   61.195(c)(1) & (2).  Establishes the flight instructor qualifications
                                                              for providing instrument training in flight to be
                                                              a CFII in the appropriate category and class of
                                                              aircraft.
74.............................  Sec.   61.195(d)(3).......  Deletes requirement that a flight instructor must
                                                              sign a student's certificate for authorizing solo
                                                              flight in Class B airspace.
75.............................  Sec.   61.195(k)..........  Adds flight instructor qualifications for giving
                                                              the PIC night vision goggle qualification and
                                                              currency training.
7..............................  Sec.   61.197(a)(2).......  This proposal has been withdrawn, because the FAA
                                                              has decided to continue to issue flight instructor
                                                              certificates with an expiration date. The proposal
                                                              would have established flight instructor renewal
                                                              procedures without requiring re-issuance of the
                                                              actual flight instructor certificate.
7..............................  Sec.   61.199(a)..........  This proposal would have established flight
                                                              instructor reinstatement procedures without
                                                              requiring re-issuance of the actual flight
                                                              instructor certificate. That proposal has been
                                                              withdrawn, because the FAA has decided to continue
                                                              to issue flight instructor certificates with an
                                                              expiration date. The FAA is making a minor change
                                                              to this rule to clarify the reinstatement
                                                              requirements to allow the performance of a single
                                                              CFI reinstatement practical test renews the other
                                                              ratings held on that flight instructor
                                                              certificate.
76.............................  Sec.   61.215(b)..........  Deletes the privilege of advance ground instructors
                                                              (AGIs) to provide training and endorsement for
                                                              instrument training.
77.............................  Sec.   61.217(a)-(d)......  Establishes new currency requirements for ground
                                                              instructors.
78.............................  Sec.   91.205(h)..........  Establishes the required instruments & equipment
                                                              for night vision goggle operations.
79.............................  Sec.   141.5(a)-(e).......  Clarifies that the ``counters'' for the pass rate
                                                              must be 10 different people and that no one
                                                              graduate can be counted more than once.
80.............................  Sec.   141.9..............  Corrects the rule language for issuing examining
                                                              authority.
81.............................  Sec.   141.33(d)(2).......  Reduces the number of student enrollments to
                                                              qualify for a check instructor position to 10
                                                              students.
82.............................  Sec.   141.39.............  Permits the use of foreign registered aircraft for
                                                              those part 141 training facilities that are
                                                              located outside of the United States and where the
                                                              training is conducted outside of the United
                                                              States.
83.............................  Sec.   141.53(c)(1).......  Deletes subparagraph (c)(1) to remove an obsolete
                                                              date.
84.............................  Sec.   141.55(e)(2)(ii)...  Corrects the phrase ``the practical or knowledge
                                                              test, or any combination thereof'' to read ``the
                                                              practical or knowledge test, as appropriate.''
85.............................  Sec.   141.77(c)(1), (2),   Makes a technical correction to the language in the
                                  and (3).                    rules about the proficiency and knowledge test
                                                              required for transfer students to a part 141 pilot
                                                              school.
86.............................  Sec.   141.85(a)(1) & (d).  Clarifies duties and responsibilities that chief
                                                              instructor may delegate to an assistant chief
                                                              instructor and recommending instructor.
87.............................  Part 141, Appx. B. para. 2  Changes the eligibility requirement for enrollment
                                                              into the flight portion of the private pilot
                                                              certification course to only require a
                                                              recreational, sport, or student pilot certificate
                                                              prior to entry into the solo phase of the flight
                                                              portion of the course.
88.............................  Part 141, Appx. B. para.    Corrects in the private pilot certification single
                                  4(b)(1)(i).                 engine airplane course requirement by changing the
                                                              training required to read ``on the control and
                                                              maneuvering of a single engine airplane solely by
                                                              reference to instruments'' instead of calling it
                                                              ``instrument training.''
88.............................  Part 141, Appx. B. para.    Corrects the private pilot certification
                                  4(b)(2)(i).                 multiengine airplane course requirement by
                                                              changing the training required to read ``on the
                                                              control and maneuvering of a multiengine airplane
                                                              solely by reference to instruments.''
88.............................  Part 141, Appx. B. para.    Corrects the private pilot certification powered-
                                  4(b)(5)(i).                 lift course requirement by changing the training
                                                              required to read ``on the control and maneuvering
                                                              of a powered-lift solely by reference to
                                                              instruments.''
89.............................  Part 141, Appx. B. para.    Changes the distance for the cross country flight
                                  5(a)(1).                    in the private pilot certification--airplane
                                                              single engine course from ``at least 50 nautical
                                                              miles'' to read ``more than 50 nautical miles.''
90.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(b)(1).                    the private pilot certification--airplane
                                                              multiengine course from ``at least 50 nautical
                                                              miles'' to read ``more than 50 nautical miles.''
91.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(c)(1).                    the private pilot certification helicopter course
                                                              to conform to ICAO requirements to be a cross
                                                              country flight of at least 100 nautical miles.
                                                              Changed the phrase ``at least 25 nautical miles''
                                                              to read ``more than 25 nautical miles.''
92.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(d)(1).                    the private pilot certification--gyroplane course
                                                              from ``at least 25 nautical miles'' to read ``more
                                                              than 25 nautical miles.''
93.............................  Part 141, Appx. B. para.    Changes the distance on a cross country flight in
                                  5(e)(1).                    the private pilot certification--powered lift
                                                              course from ``at least 50 nautical miles'' to read
                                                              ``more than 50 nautical miles.''
94.............................  Part 141, Appx. C. para.    Allows approval of instrument rating courses that
                                  4(b)(5) & (6).              give credit for instrument training on an ATD.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(1)(i).                 commercial pilot certification airplane single
                                                              engine course include training using a view-
                                                              limiting device.
99.............................  Part 141, Appx. D. para.    Allows the complex airplane training in the
                                  4(b)(1)(ii).                commercial pilot certificate single engine
                                                              airplane course to be performed in either in a
                                                              single engine complex airplane or multiengine
                                                              complex airplane.

96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight for the
                                  4(b)(1)(iii).               commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight for the
                                  4(b)(1)(iv).                commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(2)(i).                 commercial pilot certification airplane
                                                              multiengine course include training using a view-
                                                              limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight for the
                                  4(b)(2)(iii).               commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight for the
                                  4(b)(2)(iv).                commercial pilot certificate airplane course to be
                                                              performed under VFR or IFR.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(3)(i).                 commercial pilot certification helicopter course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(3)(ii).                commercial pilot certificate helicopter course to
                                                              be performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight in the
                                  4(b)(3)(iii).               commercial pilot certificate helicopter course to
                                                              be performed under VFR or IFR.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(4)(i).                 commercial pilot certification gyroplane course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(4)(ii).                commercial pilot certificate gyroplane course to
                                                              be performed under VFR or IFR.
97.............................  Part 141, Appx. D. para.    Requires a nighttime cross country flight in the
                                  4(b)(4)(iii).               commercial pilot certificate gyroplane course to
                                                              include at least two hours of flight training
                                                              during nighttime conditions at an airport, that
                                                              includes 10 takeoffs and 10 landings to a full
                                                              stop (with each landing involving a flight in the
                                                              traffic pattern).
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(5)(i).                 commercial pilot certification powered-lift course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(5)(ii).                commercial pilot certificate powered-lift course
                                                              to be performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight in the
                                  4(b)(5)(iii).               commercial pilot certificate powered-lift course
                                                              to be performed under VFR or IFR.
100............................  Part 141, Appx. D. para.    Requires that the instrument training tasks for the
                                  4(b)(7)(i).                 commercial pilot certification airship course
                                                              include using a view-limiting device.
96.............................  Part 141, Appx. D. para.    Allows the daytime cross country flight in the
                                  4(b)(7)(ii).                commercial pilot certificate airship rating course
                                                              to be performed under VFR or IFR.
96.............................  Part 141, Appx. D. para.    Allows the nighttime cross country flight in the
                                  4(b)(7)(iii).               commercial pilot certificate airship rating course
                                                              to be performed under VFR or IFR.
98.............................  Part 141, Appx. D. para.    Adds ``ground reference maneuvers'' as an area of
                                  4(d)(4)(vi).                operation for the gyroplane rating in the
                                                              commercial pilot certificate course.
95.............................  Part 141, Appx. D. para.    Allows training to be performed solo or with an
                                  5(a), (c ), (d), & (e).     instructor onboard for the commercial pilot
                                                              certificate courses.
101............................  Part 141, Appx. E. para. 2  Clarifies that a person prior to having completed
                                                              the flight portion of the ATP course must have met
                                                              the ATP aeronautical experience requirements of
                                                              part 61, subpart G.
102............................  Part 141, Appx. I. para. 3  Clarifies the amount and content of ground and
                                  and 4.                      flight training for the add-on aircraft category
                                                              and/or class rating courses in the recreational,
                                                              private, commercial, and ATP certification
                                                              courses.
----------------------------------------------------------------------------------------------------------------

Differences Between NPRM and Final Rule

    The notice of proposed rulemaking (NPRM) generated considerable
interest and commentary by the pilot, flight instructor, and flight
school community as well as other stakeholders. While the FAA is
appreciative of all comments, recommendations, and suggestions made
during NPRM period, they are not always related to the instant final
rule.
    The FAA received general comments on aviation industry future
trends. Comments on cockpit resource management (CRM) and general
aviation (GA) trends, including very light jet (VLJ), will be addressed
in other FAA rulemakings.
    In response to several comments that rule changes would result in
undue recordkeeping burdens for certificate holders and cause new
problems such as identity theft, we have explained our requirements and
rationale in the preamble of this final rule. We find the revisions
will clarify and eliminate duplication of certain sections and, in
fact, reduce paperwork. As detailed later in this document, revised
Sec.  61.29(d)(3) ends the requirement that a person requesting
replacement of a lost or destroyed airman certificate, medical
certificate, or knowledge test report must furnish their Social
Security Number. The change improves privacy by one less place where a
Social Security Number must be furnished and complies with Federal Law
that forbids mandating a Social Security Number for identification
purposes. The FAA has started a rulemaking process revising the pilot
certificate requirements that when exercising the privilege of a pilot
certificate, the person must carry photo identification acceptable to
the Administrator. This exercise will also address security concerns
regarding pilot identification. Details on this rulemaking will appear
in the Federal Register in due course and comments will be solicited
before a final rule is promulgated.
    Responding to concerns that the FAA will deny or revoke privileges
for inadvertent inaccuracies, based on re-review of Sec.  61.59 we do
not find this rule invalidates existing regulatory requirements for
recording flight experience. It is not FAA's intention to deny or
revoke privileges for inadvertent inaccuracies. In fact, many of the
``e-initiatives'' of FAA, Department of Transportation, and the Federal
Government make applications, submission, and corrections easier. At
present, a number of processes can be

completed online including the renewal of instructor flight
certificates. The FAA has also made numerous editorial changes for
clarity.

Editorial Comments

    The FAA has made numerous editorial changes referenced by the
previous Summary of Revision Table and detailed comments appear by
Revision Number (Revision Number or Revision No.). One commenter noted
FAA Order 8710.3D referenced in the NPRM, has been superseded by FAA
Order 8900.2 and recommended the references be updated. The FAA agrees
and the corrected reference ``FAA Order 8900.2'' appears throughout
this document.

Discussion of the Final Rule

1. This revision of Sec.  61.1(b)(13) defines the term ``night vision
goggles''

    Revised Sec.  61.1(b)(13) defines ``night vision goggles'' (NVG) to
mean ``an appliance worn by a pilot that enhances the pilot's ability
to maintain visual surface reference at night.''
    Two commenters supported the proposed definition for night vision
goggles. One commenter, while supporting the general concept of
defining and addressing night vision goggle operations, thought
specific operational details should be left to NVG users.
    The FAA is adopting the revision as proposed in the NPRM.

2. This revision of Sec.  61.1(b)(14) defines the term ``night vision
goggle operation''

    This final rule creates a new Sec.  61.1(b)(14) by defining ``night
vision goggle operation'' as ``a flight at night where the pilot
maintains visual surface reference utilizing NVGs in an aircraft that
is approved for NVG operations.''
    One commenter supported the general concept of defining and
addressing night vision goggle (NVG) operations, while deferring to NVG
users regarding specific details of the proposed provisions. Two
commenters objected to the NVG definition on safety grounds. The
commenters believed the proposed definition implies visual references
to the surface may be maintained solely by NVG use and, in the event of
a NVG malfunction, pilots could be left without any visual references.
    The FAA does not believe that the definition of ``night vision
goggle operation'' would in any way affect safety in the event of a NVG
malfunction. Required pilot training should ensure a pilot has the
skills and ability to revert to visual flight. Therefore, the FAA is
adopting the revision as it was proposed in the NPRM.

3. This revision establishes a new Sec.  61.2 that clarifies the
requirements regarding ``currency'' and ``validity'' throughout part 61
as it relates to exercising the privileges of an airman certificate,
rating, endorsement, or authorization issued under this part

    The FAA had proposed to revise Sec. Sec.  61.1(b)(2)(i) and (ii),
(4), and (20); 61.3(a)(1), (c), (f)(2)(i) and (ii), and (g)(2)(i) and
(ii); 61.39(c)(1), 61.69(a)(1); 61.75(b)(2) and (d); 61.77(b)(1);
61.103(j); 61.133(a)(1); 61.153(d)(1) and (3); 61.167(a) and (b)(3);
the introductory language of 61.193; 61.197(a); and 61.215(a), (b),
(c), and (d) to clarify that airman certificates, ratings, and
authorizations had to be ``current'' and/or ``valid,'' or both, where
and when appropriate. However, the FAA has now decided to remove the
words ``current'' and ``valid'' entirely throughout part 61. This new
Sec.  61.2 establishes the requirements for ``currency'' and
``validity'' as it relates to exercising the privileges of an airman
certificate, rating or authorization. As a result of adding this new
Sec.  61.2, we have removed the word ``current'' from Sec. Sec.  61.1,
61.3, 61.19, 61.23, 61.25, 61.39, 61.51, 61.53, 61.55, 61.63, 61.65,
61.73, 61.75, 61.77, 61.89, 61.93, 61.101, 61.157, 61.185, 61.195,
61.197, 61.199, 61.213, 61.303, 61.403, 61.407, 61.429, and 61.431.
Furthermore, by adding this new Sec.  61.2, we have also removed the
word ``valid'' from Sec. Sec.  61.1, 61.3, 61.23, 61.53, 61.75, 61.77,
61.101, 61.303, 61.403, 61.429, and 61.431.
    The words ``current'' and ``valid'' had not been defined until we
proposed the definitions in the NPRM (i.e., Notice No. 06-20; 72 FR
5806-5854; February 7, 2007). In the past, the words ``current'' and
``valid'' had been used in some sections of part 61, but not
consistently or universally. Section 61.2 establishes the requirements
for ``currency'' and ``validity'' as it relates to a person's
certificate, rating, endorsement, or authorization in order to exercise
the privileges of that certificate, rating, endorsement or
authorization.
    Five commenters expressed support for the various additions or
replacements making clear that certificates, ratings, and other
privileges must be current and valid for use. One commenter pointed out
that the changes clarify that mere possession of a certificate is not
necessarily sufficient to meet requirements.
    Six commenters asserted that the proposed additions or revisions
are unnecessary. Three commenters asserted that the requirement for
certificates and ratings to be current and valid is implied, and it is
not necessary to revise the regulations to reflect them. One commenter
asserted that the regulatory requirements for exercising privileges are
effective regardless of whether a regulation specifically requires that
a privilege be current. Three commenters believed that the proposed
changes to Sec.  61.1 make adequately clear that pilots' certificates
must be both valid and current, and that it is unnecessary to add the
qualifier ``current and valid'' throughout part 61. Three commenters
recommended that, instead of making changes throughout part 61, the FAA
define valid and current in Sec.  1.1 of the regulations. One commenter
suggested a blanket statement to the effect that certificate holders
are required to meet all standards required to exercise any particular
privilege at the time of intended use. One commenter pointed out that
many certificate types have no expiration, making currency a moot
issue.
    Six commenters pointed out that there is nothing on the face of
pilot certificates that indicates currency or validity, and that
reference to a logbook or training records is required. Three
commenters asserted that compliance with the proposed rules would
require a pilot to carry logbooks or flight training records to prove
currency, and object to the proposal for that reason. These commenters
asserted that requiring pilots to carry logbooks would expose them to
loss or damage, and that pilots using computer-based flight records
would be unable to comply. Two commenters urged that the proposed rules
not be interpreted to require pilots to carry logbooks. One commenter
recommended that the regulations require a pilot to make proof of
currency available within a reasonable time upon inquiry.
    Five commenters opposed the proposed additions and revisions
because they believe that they will confuse matters rather than clarify
them. Two commenters asserted that confusion will result from the fact
that different currency requirements apply to different operations. One
commenter asserted that there is no distinction between a current
certificate and a valid one.
    The changes made here do not establish additional requirements on
pilots, flight instructors, and ground instructors, but merely clarify
the meaning of the rules. The FAA acknowledges the comments received on
this proposal, and therefore we decided to clarify the requirements for

``currency'' and ``validity'' by establishing this new Sec.  61.2.

4. This revision of Sec.  61.3(j)(3) deletes an obsolete date

    We had proposed to delete the existing Sec.  61.3(j)(3) that
references obsolete dates. Section 61.3(j)(3) states ``Until December
20, 1999, a person may serve as a pilot in operations covered by this
paragraph after that person has reached his or her 60th birthday if, on
March 20, 1997, that person was employed as a pilot in operations
covered by this paragraph.'' However, Sec.  61.3(j)(3) is being revised
in the ``Part 121 Pilot Age Limit'' direct final rule, and so we have
withdrawn the proposal to delete it in this rulemaking project. We also
had proposed deleting the statement in ``Except as provided in
paragraph (j)(3) of this section'' under Sec.  61.3(j)(1). Again, we
have withdrawn this proposal, because the ``Part 121 Pilot Age Limit''
direct final rule will conform the age at which pilots may serve in
part 121 air carrier operation to the Fair Treatment for Experienced
Pilots Act, Public Law 110-135.
    Two commenters supported elimination of the exception to age
limitations because the date has passed. Two commenters opposed
application of age limitations on operating privileges. One commenter
recommended relaxing the age limitations with respect to certain
operations, noting that available data does not provide a logical
basis. One other commenter argued that, irrespective of age, an
individual should be permitted to exercise all privileges if he/she can
pass the applicable medical examination.
    The FAA acknowledges the comments received on this proposal. The
FAA will amend Sec.  61.3(j)(3) in the ``Part 121 Pilot Age Limit''
direct final rule.

5. This revision of Sec.  61.19(b) amends the duration of the student
pilot certificate

    In the NPRM, we had proposed to revise Sec.  61.19(b) to extend the
duration period for the student pilot certificate to thirty-six
calendar months for individuals under the age of 40 years. Since we
proposed this revision, the FAA has issued the ``Modification of
Certain Medical Standards and Procedures and Duration of Certain
Medical Certificates'' final rule (73 FR 43064; July 24, 2008)
incorporating a new Sec.  61.23(d) that extended the duration of the
third class medical certificate to the ``60th month after the month of
the date of examination shown on the medical certificate'' for persons
under the age of 40 years. Therefore, we are making a conforming change
that further revises Sec.  61.19(b) to parallel with the provisions set
forth in the ``Modification of Certain Medical Standards and Procedures
and Duration of Certain Medical Certificates'' final rule.
    Twelve commenters supported the proposed revision. Five commenters
supported the proposed correspondence to the duration of third class
medical certificate, but recommended that the provision also take into
account a proposed change in the duration of those certificates. One
commenter supported the proposed provision, but recommended it be
applicable to all student pilots, regardless of age. Three commenters
expressed support for increasing duration of student pilot certificates
for persons seeking a glider or balloon rating and one person
recommended that the duration also be increased for those seeking an
airship rating, because of the limited training assets available.
    The FAA acknowledges the supportive comments received on this
proposal, and has made the changes and conforming changes to Sec.
61.19(b).

6. This revision of Sec.  61.19(b)(3) extends the duration period to 36
calendar months for the student pilot certificate for persons seeking a
balloon or glider rating

    In the NPRM, we proposed to revise Sec.  61.19(b)(3) to extend the
duration period for the student pilot certificate for persons seeking a
balloon or glider rating to thirty-six calendar months. Since we
proposed this revision, the FAA has issued the ``Modification of
Certain Medical Standards and Procedures and Duration of Certain
Medical Certificates'' final rule (73 FR 43064; July 24, 2008) that
incorporates a new Sec.  61.23(d) that extended the duration of the
third class medical certificate to the ``60th month after the month of
the date of examination shown on the medical certificate'' for persons
under the age of 40 years. Therefore, we are making a conforming change
that further revises Sec.  61.19(b)(3) to parallel the provisions set
forth in the ``Modification of Certain Medical Standards and Procedures
and Duration of Certain Medical Certificates'' final rule. In effect,
this revision extends the duration period for the student pilot
certificate for persons seeking a balloon or glider rating to 60
calendar months after the month of the date the student pilot
certificate was issued, regardless of the age of the person. Under the
rule, persons seeking a balloon or glider rating are not required to
hold a medical certificate (See Sec.  61.23(b)(1)).
    Three commenters supported the proposed increase in duration of
student pilot certificates for persons seeking a glider or balloon
rating. One commenter recommended the duration also be increased for
persons seeking an airship rating due to the limited training assets
available. The FAA has determined that the recommendation to expand
this revision to include persons seeking an airship rating is beyond
the scope of this final rule.
    The FAA acknowledges the comments received on this proposal, and
has made the change and conforming changes to Sec.  61.19(b)(3).

7. This proposal would have amended Sec. Sec.  61.19(d), 61.197(a), and
61.199 to allow for the issuance of a flight instructor certificate
without an expiration date and clarifies the flight instructor
certificate reinstatement requirements

    The FAA proposed in the NPRM to revise Sec. Sec.  61.19(d),
61.197(a), and 61.199 allowing issuance of flight instructor
certificates without an expiration date. After further consideration
and additional analysis and review of comments, we have determined
revising our application procedures can achieve equivalent results. We
plan to adopt a simplified application process where a flight
instructor refresher course (FIRC) provider can submit applications
directly to the FAA's Airman Certification Branch in Oklahoma City,
Oklahoma. When the flight instructor renewal applicant signs and
completes an application, the FIRC provider mails the application
directly to the FAA's Airman Certification Branch. At this point, the
FAA will prepare and issue the renewed flight instructor certificate
with a new expiration date.
    We also decided to continue issuing flight instructor certificates
with expiration dates, but through a simplified application process.
This simplified application process allows for the flight instructor
renewal applicant to complete and sign new ``Flight Instructor Renewal
Application,'' FAA Form 8710-1 CFI. If the flight instructor renewal
application is a result of completing FIRC training course of training,
most FIRC providers have Airman Certification Representatives assigned
to process their flight instructor renewal applications. The FAA's
Airman Certification Branch, AFS-760, has a process in place where most
FIRC providers are now permitted to submit their flight instructor
renewal applications directly to the FAA's Airman Certification Branch.

    Under this process, a FIRC provider's entire responsibility is to
positively identify applicant, sign application, and send to the FAA
Airman Certification Branch. The FAA's Airman Certification Branch will
then process and issue the renewed flight instructor certificate.
Although the Aircraft Owner and Pilots Association (AOPA) Safety
Foundation petitioned the FAA to issue flight instructor certificates
without an expiration date, we believe our simplified application
process provides equivalent results. Furthermore, since the AOPA Safety
Foundation petitioned for this change in 1999, the FAA believes its
changes in the application and certification process have negated the
need for the petitioned change.

8. This revision of Sec.  61.19(e) standardizes the recent experience
requirements for the ground instructor certificate

    This final rule amends Sec.  61.19(e) linking currency requirements
for the ground instructor certificate with duration period
requirements. Our intent is to further clarify currency requirements
for ground instructors. Since issuance of Sec.  61.19(e), there have
been some questions about how a ground instructor remains current. By
revising Sec.  61.19(e) and linking this provision with the recent
experience requirements under revised Sec.  61.217 we provide clarity.
Four commenters supported the proposed provisions bringing ground
instructor certificate durations in line with currency requirements.
    The Greater St. Louis Flight Instructor Association recommended
ground instructors be required to complete a Flight Instructor
Refresher Clinic to renew their privileges every 2 years. Such a
renewal requirement would refresh instructors on core concepts and
allow introduction of new material.
    The FAA is adopting the revision as proposed in the NPRM.

9. This revision of Sec.  61.23(a)(3)(vii) provides for Examiners to
only be required to hold a third class medical certificate

    Amended Sec.  61.23(a)(3)(vii) requires Examiners to hold only a
third class medical certificate. The FAA wants to parallel Examiners'
medical certificate requirements in FAA Order 8900.2. FAA Order 8900.2
requires that an Examiner hold only a third class medical certificate
when performing practical tests in an aircraft (with an exception for
Examiners administering practical tests in a glider or balloon).
    Four commenters supported the provision permitting examiners to
hold only a third class medical certificate. The Greater St. Louis
Flight Instructor Association asserted that examiners should not be
required to hold a medical certificate at all, because, according to
Sec.  61.47, an Examiner is not the pilot in command (PIC). The
association further asserted that Examiners reviewing sport pilot
certificate applicants should not be required to hold a medical
certificate.
    The FAA acknowledges the comments received about our proposals. We
are adopting the provision permitting Examiners only be required to
hold third class medical certificates in Sec.  61.23(a)(3)(vii).

10. This revision of Sec.  61.23(b)(3) clarifies that persons
exercising the privileges of a glider or balloon rating are not
required to hold a medical certificate

    This final rule amends Sec.  61.23(b)(3) by clarifying that persons
exercising the privileges of a glider or balloon rating are not
required to hold a medical certificate. The FAA has received questions
about Sec.  61.23(b)(3). Some have asked whether the no medical
certificate requirement for operating a balloon or a glider applies
only when a person is taking a practical test for a glider or balloon
rating or whether it applies when a person is exercising the privileges
of a glider or balloon rating. The rule is intended to apply in both
situations. Section 61.23(b)(3) now clarifies that persons exercising
the privileges of their glider or balloon rating, as appropriate, are
not required to hold a medical certificate. As specified in the revised
Sec.  61.23(b)(8), a person also is not required to hold a medical
certificate when taking a practical test for a balloon or glider
rating.
    Two commenters supported the proposed clarification that no medical
certificate is required to exercise private pilot privileges in a
balloon or glider. The FAA is adopting this change because it further
clarifies Sec.  61.23(b)(3) that when pilots are exercising the
privileges of their glider or balloon rating, they do not have to hold
a medical certificate.

11. This revision of Sec.  61.23(b)(7) adds situations where an
Examiner need not hold a medical certificate

    This final rule amends Sec.  61.23(b)(7) to establish that when an
Examiner or a Check Airman is administering a test or check for an
airman certificate, rating, or authorization in a glider, balloon,
flight simulator, or flight training device, he/she will not be
required to hold a medical certificate. Existing Sec.  61.23(b)(7)
states that an Examiner or Check Airman is not required to hold a
medical certificate when administering a test or check for a
certificate, rating, or authorization in a flight simulator or flight
training device. The words ``glider'' and ``balloon'' were
inadvertently left out when the rule was last revised.
    Two commenters supported the proposed clarification that no medical
certificate is required to administer a practical test in a glider,
balloon, flight simulator, or flight training device. The FAA is
adopting the revision as proposed in the NPRM.

12. This revision of Sec.  61.23(b)(8) adds situations where an
applicant need not hold a medical certificate

    This final rule amends Sec.  61.23(b)(8) establishing when an
applicant is receiving a test or check for a certificate, rating, or
authorization in a glider, balloon, flight simulator, or flight
training device, the applicant is not required to hold a medical
certificate.
    Existing Sec.  61.23(b)(8) states that an applicant is not required
to hold a medical certificate when receiving a test or check for a
certificate, rating, or authorization in a flight simulator or flight
training device. The words ``glider'' and ``balloon'' were
inadvertently left out when the rule was last revised.
    Two commenters supported the proposed clarification adding that a
medical certificate is not required to undergo a practical test in a
glider, balloon, flight simulator, or flight training device.
    The FAA is adopting the revision as proposed in the NPRM.

13. This revision of Sec.  61.23(b)(9) relieves military pilots of the
U.S. Armed Forces from having to obtain an FAA medical certificate

    This final rule adds a new Sec.  61.23(b)(9) that, in some cases,
relieves military pilots from the requirement to have an FAA medical
certificate. Instead, military pilots must have an up-to-date medical
examination conducted by the U.S. Armed Forces, which authorizes them
to perform flight duty. This exception is for military pilots from the
U.S. Air Force, U.S. Army, U.S. Marine Corps, U.S. Navy, U.S. Coast
Guard, and National Guard and Reserve units.
    The pilot's authorization for flight duty must be up to date on the
date he or she relies on the military medical authorization to qualify
for the Sec.  61.23(b)(9) exception. We are using the general phrase
``up to date'' to modify a pertinent military medical authorization
because the terminology

regarding flight duty/flight status varies between the Army, Navy, Air
Force, Marine Corps, Coast Guard, and National Guard and Reserve. The
exception may be only used for flights requiring privileges of an FAA
third-class medical certificate and when flying within U.S. airspace.
We have limited this exception to operations within U.S. airspace
because international standard (Annex 1 to the Convention on
International Civil Aviation) requires pilots to hold an appropriate
medical certificate from their civil aviation authority.
    A conforming change has also been made to new Sec.  61.3(c)(2)(xii)
to exclude U.S. military pilots from having to carry an FAA medical
certificate when exercising the privileges of their FAA pilot
certificates. However, an up-to-date military medical examination is
required for that person's active status as a military pilot. If
requested by the FAA, the pilot will be required to show active status
as a military pilot in lieu of the FAA medical certificate. To clarify,
by ``active status'' we mean that the military pilot has an up-to-date
medical examination and clearance issued by the U.S. Armed Forces
authorizing pilot flight duty. Common military terminology for this
authorization is an ``up slip'' or medical clearance to fly.
    As implied in the existing Sec.  61.39(a)(4), to be eligible for a
practical test for a certificate or rating issued under part 61, one
does not always need to hold an FAA-issued medical certificate. Under
this Sec.  61.23(b)(9) exception, a military pilot who is applying for
a practical test is only required to have completed a U.S. military
medical examination for military pilot status in lieu of holding an FAA
third-class medical certificate. The FAA has determined that medical
examinations provided by the U.S. Armed Forces provide a level of
safety that more than satisfies the standards required for an FAA
third-class medical certificate.
    The FAA recognizes that each branch of the U.S. military has its
own set of medical standards required for military pilot applicants.
While there may be differences, the FAA finds that the military medical
standards met by applicants--many who will conduct complex military
exercises or combat operations--are, by nature and of necessity, more
stringent and therefore exceed minimum 14 CFR part 67 standards.
Military medical examinations also are more stringent. For example,
military pilots endure more thorough vision screening--such as for
refraction, depth perception, night vision, and intraocular tension.
Military pilots are subjected to audiometry testing during the hearing
portion of their examinations whereas civilian pilots are allowed to
choose their method of hearing test which can be a speech
discrimination test, a conversational voice test, or pure-tone
audiometry. Laboratory testing (such as glucose, lipid, hemoglobin,
serology, urinanalysis testing) and radiographic studies (such as chest
x-ray) also are conducted.
    The FAA recognizes that there may not be absolute parallels in
military and civilian aviation with regard to certain procedural
screening, such as for substance abuse. For example, the FAA verifies
all medical certificate applications against information contained in
the National Driver Registry to determine whether an applicant has
failed to reveal an alcohol-related motor vehicle action. While this
may not be done in the same manner during military pilot medical
screening, military pilots are more subject to routine screening for
substance abuse than are civilian pilots. Civilian private pilots must
adhere to part 61 substance abuse standards, however they are not
subject to routine drug testing. Unlike in the civilian realm where
notice must be given, in the military realm routine screening typically
is unannounced and is observed by collectors. In addition, within a
military squadron, close observation and scrutiny of behavior is
provided by colleagues within the squadron and also by squadron flight
surgeons who work and fly with military pilots on a daily basis.
    While medication usage authorized for military pilots may differ
from usage authorized by the FAA for civilian pilots, the basic
philosophy is the same--when contraindicated for flying, pilots must be
grounded. Military pilots must be approved by a flight surgeon when
taking any new medication. While military pilots are bound by standards
similar to 14 CFR 61.53, prohibiting operations during a known medical
deficiency, military pilots are more likely to be removed from flying
duties before they have to make the decision to ground themselves.
Because military oversight of pilots is branch specific, whereas FAA
oversight is much more broad-based, the military is able to ground
pilots more readily when necessary. Military pilots may not return to
flight status unless approved by a flight surgeon.
    Twelve commenters supported the proposed provision excusing
military pilots who have an up-to-date military medical examination
from holding an FAA medical certificate. Six commenters recommended
that, in addition to military pilots, any military air crewmember
holding an up-to-date military medical examination be allowed to meet
FAA medical certificate requirements without actually holding an FAA-
issued medical certificate. One commenter opined that the proposed
provision appears to conflict with Sec.  61.31(c)(1) requiring pilots
to carry their medical certificates to operate as pilot in command
(PIC). Two commenters recommended that FAA clarify what constitutes
evidence of a military medical examination, and one person suggested
the FAA define ``current'' for such examinations. He/she further
recommended such examinations be current for twelve calendar months
from examination date.
    The Experimental Aircraft Association (EAA) and the National
Association of Flight Instructors (NAFI) noted that Sec. Sec.  91.146
and 91.147, prescribing requirements for passenger-carrying flights for
the benefit of charitable, nonprofit, or community events, require the
event sponsor to furnish the local Flight Standard District Office
(FSDO) with a photocopy of the pilot's medical certificate. EAA and
NAFI recommended amending the proposed rule to clarify that military
pilots are eligible to conduct such flights based on their military
examination.
    In response to commenters who requested any military air crewmember
holding a military medical examination (e.g., aviation weapons officer,
flight surgeon, navigator, flight crew chief, flight engineer, etc.) be
excused from FAA medical certificate requirements, we have determined
that this medical exception will only be afforded to U.S. military
pilots. We determined there are too many differences in the stringency,
standards, and durations of military medical examinations for the
various other kinds of military crewmembers to permit crewmembers other
than pilots to exercise the privileges of an FAA medical certificate
without requiring them to hold one. Therefore, this medical exception
provided in Sec.  61.23(b)(9) will only be afforded to U.S. military
pilots under the circumstances described above.
    Procedurally, we envision this process to work as follows. A
military pilot's satisfactory completion of a military medical
examination from the U.S. Armed Forces, which authorizes the pilot
flight duty, is routinely recorded on a military medical clearance or
recommendation for flying form (e.g., DA Form 4186, AF Form 1042,
NAVMED 5410/2, etc.). The pilot will not need to show the actual

military medical examination record form. If the pilot is required to
show the FAA that he or she has an up-to-date military medical
clearance authorizing pilot flight duty on a given day, the pilot will
only need to show the FAA a copy of the official U.S. military pilot
flight documentation record, which indicates the pilot's flight status
and his or her medical standing.
    We do not find that the proposed exception conflicts with Sec.
61.31(c)(1), requiring pilots to carry their medical certificates to
operate as PIC. Since military pilots do not carry an actual document
of their military medical examination, they are excused from having to
carry a medical certificate when exercising the privileges of their FAA
pilot certificates. We have provided a discussion and explanation of
this matter in the preceding paragraphs.
    Responding to the EAA and NAFI comment regarding Sec. Sec.  91.146
and 91.147 requirements for passenger-carrying flights benefiting
charitable, nonprofit, or community events, military pilots are not
required to hold an FAA medical certificate under our new Sec.
61.23(b)(9). This means that the military medical examination normally
could not be used for flights engaged in the carriage of passengers or
property for compensation or hire. However, under Sec.  61.113(b) there
are some limited exceptions for private pilots holding a third-class
medical certificate, and the military pilots qualifying for our new
Sec.  61.23(b)(9) would qualify for the Sec.  61.113(b) exceptions as
well.
    In response to the commenter requesting we define ``current''
(i.e., proper duration) for the purposes of a U.S. military medical
examination, the U.S. military duration standard for examinations for
pilot flight status is typically one year, though some may be as short
as six calendar months or as long as eighteen calendar months. However,
the specific duration requirements for U.S. military medical
examinations are governed by the U.S. Armed Forces, not the FAA. Also,
the military has procedures in place similar to the civil requirements
of Sec.  61.53 prohibiting flight duty when they are unable to meet
medical requirements.

14. This revision of Sec.  61.29(d)(3) deletes the requirement for a
person to furnish their Social Security Number

    This final rule no longer requires that a person requesting
replacement of a lost or destroyed airman certificate, medical
certificate, or knowledge test report furnish his/her Social Security
Number. The FAA by law cannot require a person to furnish his/her
Social Security Number. However, a person may voluntarily provide his/
her Social Security Number to establish his/her identity. In addition,
we have added clarifying language in Sec.  61.29(d)(4) explaining what
information is required in the letter from a person who requests
replacement of a lost or destroyed medical certificate.
    Six commenters supported elimination of having to furnish a Social
Security Number for a replacement certificate. One commenter objected
to our proposal arguing that a Social Security Number should be
furnished at all times. The FAA acknowledges the comments received
about this proposal. Federal Law restricting release of Social Security
Numbers is controlling over FAA regulations. Therefore, the FAA is
adopting the revision as proposed in the NPRM.

15. This revision deletes the duplication in Sec.  61.31(d)(2) by
deleting the rule

    This final rule deletes Sec.  61.31(d)(2) that required a pilot in
command (PIC) to receive ``training for the purpose of obtaining an
additional pilot certificate and rating that are appropriate to that
aircraft, and be under the supervision of an authorized instructor.''
The FAA has received inquiries about the difference between paragraphs
(d)(2) and (d)(3) and found that they are conflicting. We also found
that paragraph (d)(2) conflicts with Sec.  61.51(e)(1)(i).
    When the FAA initially revised Sec.  61.31(d), we were considering
a new phrase ``supervised PIC flight'' that would allow a PIC in
training to act as an aircraft's PIC if properly supervised by their
flight instructor. (See 60 FR 41160, 41227; August 11, 1995). The
``supervised PIC flight'' concept was not adopted in the final rule,
but paragraph (d)(2) erroneously remained in the final rule (See 62 FR
16220; April 4, 1997). Paragraph (d)(3) of Sec.  61.31 details FAA's
PIC requirements and Sec.  61.51(e)(1)(i) for logging PIC flight time.
    Three commenters supported changes to Sec.  61.31(d). One commenter
noted that under proposed Sec. Sec.  61.31(d)(2) and 61.51(e)(1), a
pilot not rated for a category or class of aircraft could, without time
limitation, log PIC flight time in that category or class of aircraft
once he/she received a solo flight endorsement. The commenter suggested
the FAA put a duration limitation on solo endorsements similar to the
90-day limitation on solo endorsements issued to student pilots.
    The FAA acknowledges the comments received about this proposal. The
90-day limitation on solo endorsements is for student pilots, not rated
pilots. Therefore, the FAA is deleting Sec.  61.31(d)(2) as proposed in
the NPRM.

16. This revision adds a new Sec.  61.31(k) that provides training and
qualification requirements for pilots who want to operate with night
vision goggles

    This final rule creates a new Sec.  61.31(k) that will require
ground and flight training and a one-time instructor endorsement for a
pilot to act as PIC during night vision goggle (NVG) operations. This
final rule ``grandfathers'' PICs previously qualified as PIC for NVG
operations under Sec.  61.31(k). Under new subparagraph (k)(3), a pilot
will not need the ``one-time'' NVG training and endorsement provided
the pilot can document having satisfactorily accomplished any of the
following pilot checks for using NVGs in an aircraft:
     Completion of an official pilot proficiency check for
using NVGs and that check was conducted by the U.S. Armed Forces; or
     Completion of a pilot proficiency check for using NVGs
under part 135 of this chapter and that check was conducted by an
Examiner or a Check Airman.
    Three commenters generally supported the training requirements for
NVG operations. The Aircraft Owners and Pilots Association (AOPA)
supported the general concept of defining and addressing NVG
operations, while urging deference to NVG users on specific operational
details of proposed provisions. The General Aviation Manufacturers
Association (GAMA) suggested the FAA consider recommendations from both
the 2000 Aviation Rulemaking Advisory Committee (ARAC) with respect to
NVG operations and the September 7, 2005 part 135/125 Aviation
Rulemaking Committee (ARC).
    American Eurocopter and the Helicopter Association International
(HAI) objected to the requirement for training on the preparation and
use of internal and external lighting systems for NVG operations. They
asserted that external lighting systems of helicopters should require
no preparation for NVG operations and if external lights are
interfering with operations, they can be turned off. The commenters
supported the proposed rule to the extent the requirement refers to
training in the use of existing external lighting. Eurocopter and HAI
also supported qualified law enforcement personnel NVG operations
training and endorsement requirements.
    Four comments were submitted by representatives of law enforcement
agencies or entities involved in training law enforcement personnel in
NVG

operations. These commenters noted NVG flight operations are conducted
on a wide scale by law enforcement agencies and civilian public service
operators. These four commenters proposed that pilots who have
completed a formal NVG training course administered by an NVG
manufacturer or authorized trainer or instructor and have logged twenty
hours as PIC in NVG operations should be excused from the NVG
operations training and endorsement requirements. An exemption from NVG
operations training and endorsement should also be granted to U.S.
Armed Forces pilots with NVG or part 135 experience. One commenter
objected to NVG operations by the general flying public and stated use
outside of law enforcement should be prohibited. The commenter asserted
the risks of such use outweigh any potential benefit. The commenter
also recommended use of NVG by law enforcement personnel should be
addressed by a stand alone rulemaking.
    The FAA appreciates the diverse comments received on our NVG
training and qualification requirement proposal. The NVG ground and
flight training in Sec.  61.31(k) include recommendations from the 2000
ARAC and part 125 and 135 ARCs. We have further reviewed the ground and
flight training in Sec.  61.31(k) to ensure that the ground and flight
training requirements conform to industry recommendations. The FAA
agrees with the commenters and has further revised Sec.  61.31(k)
accordingly. The FAA has added a new paragraph (iii) to Sec.
61.31(k)(3) to incorporate these recommendations.
    In response to the recommendation about preparation of external
lighting systems, we have revised the rule text to clarify the intent.
We agree that a pilot does not have ability to prepare external
lighting systems and thus we have revised the language in Sec.
61.31(k)(2)(i). We have replaced the word ``preparation'' with
``preflight'' to clarify the intent for a pilot to preflight the
internal and external aircraft lighting systems.
    Finally, we do not agree that NVG operations should be restricted
to law enforcement personnel. There are legitimate civilian uses for
NVG, and our rule for training and qualifications will benefit law
enforcement and other users of NVG. This final rule includes provisions
to excuse law enforcement pilots who have completed a formal NVG
training course administered by an NVG manufacturer or authorized
trainer or instructor and have logged 20 hours as PIC in NVG operations
from the training and endorsement requirements for NVG operations. This
would be in addition to excusing pilots with NVG experience in the U.S.
armed forces or in operations under part 135. For the above reasons,
the FAA is adopting the ground and flight training requirements for NVG
qualifications in Sec.  61.31(k).

17. This revision adds a new Sec.  61.35(a)(2)(iv) that requires proof
of current residential address at the time of application for a
knowledge test

    New Sec.  61.35(a)(2)(iv) clarifies when a person's permanent
mailing address is a P.O. Box, the person must show proof of their
current residential address at the time of application for a knowledge
test. The purpose of this change is to conform the instructions in
revised Sec.  61.35(a)(2)(iv) with instructions in existing Sec.
61.60.
    Three commenters opposed the proposed provision requiring an
applicant for a knowledge test to provide proof of a current
residential address, asserting a knowledge test alone does not result
in the issuance of a certificate or rating. Two other commenters noted
that proof of residence is not required for an airman application,
although airmen are required to notify the FAA of changes of address
before exercising privileges. One commenter argued since proof of
residential address is required for a practical examination, requiring
it for a knowledge test is redundant and unnecessary.
    The FAA acknowledges the comments received on this proposal. The
essence of this change is merely to further clarify the intent of the
existing rule and no substantive change is being made to the rule. The
FAA is adopting the revision as proposed in the NPRM.

18. This revision of Sec.  61.39(b)(2) deletes the word ``scheduled''
in front of the phrase ``U.S. military air transport operations''

    Revised Sec.  61.39(b)(2) deletes the word ``scheduled'' in front
of the phrase ``U.S. military air transport operations'' because there
is no such thing as ``scheduled'' U.S. military transport operations.
One commenter supported the proposed deletion. The FAA is adopting the
revision as it was proposed in the NPRM.

19. This revision of Sec.  61.39(c)(2) deletes the phrase ``or a class
rating with an associated type rating'' in reference to the endorsement
exception for applying for an additional aircraft class rating

    Revised Sec.  61.39(c)(2) deletes the phrase ``or a class rating
with an associated type rating'' for persons who are applying for an
additional aircraft class rating. In Sec. Sec.  61.39(a)(6) and
61.63(c), the rules require an applicant for a practical test for an
additional aircraft class rating to receive a logbook or training
record endorsement from an authorized instructor. Existing Sec.
61.39(c)(2) incorrectly suggests that an endorsement is not required
for an applicant for an aircraft class rating. This final rule amends
Sec.  61.39(c)(2) by removing the phrase ``or a class rating with an
associated type rating'' which clarifies that the rule does not exempt
applicants for an aircraft type rating from having to receive an
endorsement from an authorized instructor.
    One commenter supported the deletion of the instructor endorsement
exception for an additional class rating. The FAA acknowledges the
comment received on this proposal. The purpose of this change is to
correct a mistake in the former Sec.  61.39(c)(2). No substantive
changes have been made to Sec.  61.39(c)(2), and we are adopting the
revision as proposed in the NPRM.

20. This revision of Sec.  61.39(d) and (e) clarifies the time frame
for completing a practical test

    This revision amends the phrase ``60 calendar days'' in Sec.
61.39(d) and (e) to read ``2 calendar months.'' Our proposed change
makes it simpler to calculate the time for when a segmented practical
test must be completed. An applicant who accomplishes a segmented
practical test will be required to complete the entire practical test
within two calendar months after beginning the test. For example, an
applicant who starts the oral portion of the practical test on July 2,
2008, will have to complete the remaining portions of the practical
test (i.e., simulator/training device check and aircraft flight check)
before the end of September 2008. Additionally, we have further revised
Sec.  61.39(a)(6)(i) because we failed to propose a change of ``60
days'' to read ``2 calendar months'' in the rule. This was an
inadvertent oversight and spotted by a commenter during NPRM review.
    Ten commenters supported the proposed change in the time in which a
practical test must be completed. One commenter asserted that if the
time for completion of a practical test is changed to two calendar
months, the validity period of the flight instructor endorsement must
likewise be changed. LeTourneau University recommended the currency
requirements of Sec.  61.57(a)(1) and (b)(1) also be changed from
ninety days to three calendar months. Another commenter generally
supported bringing all time requirements in line by using a calendar
month basis, but objected that the

proposed rule, as written, could give pilots up to 3 months to complete
a practical test. The commenter's assessment is correct, and the new
rule change will allow a pilot to have up to three months to complete a
practical test.
    The FAA also agrees with the recommendation to revise the validity
period for flight instructor endorsement from ``60 days'' to read ``2
calendar months'' because of our inadvertent oversight in not proposing
this change in Sec.  61.39(a)(6)(i). Therefore, further revised Sec.
61.39(a)(6)(i) now reads: ``Has received and logged training time
within 2 calendar months preceding the month of application in
preparation for the practical test.''