Notice of Policy Change for the Use of FAA Approved Training Devices, 20-22 [2013-31094]
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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations
a. Revising the fourth and sixth
sentences of paragraph 2.e., ‘‘Civil
Penalty,’’ in section VIII entitled
‘‘Enforcement Actions’’; and
■ b. Revising the last sentence of
paragraph 3.d., ‘‘Adjustment Factors,’’
in section VIII entitled ‘‘Enforcement
Actions’’.
The revisions read as follows:
■
Appendix A to Part 824—General
Statement of Enforcement Policy
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VI. Severity of Violations
(b) * * *
(1) * * * A Severity Level I violation
would be subject to a base civil penalty of up
to 100% of the maximum base civil penalty
of $80,000.
(2) * * * A Severity Level II violation
would be subject to a base civil penalty up
to 50% of the maximum base civil penalty
($40,000).
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IX. Enforcement Actions
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2. Civil Penalty
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VIII. Enforcement Actions
*
Appendix B to Part 851—General
Statement of Enforcement Policy
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1. Notice of Violation
e. * * * In no instance will a civil penalty
for any one violation exceed the $120,000
statutory limit per violation. * * * Thus, the
per violation cap will not shield a DOE
contractor that is or should have been aware
of an ongoing violation and has not reported
it to DOE and taken corrective action despite
an opportunity to do so from liability
significantly exceeding $120,000. * * *
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(f) * * * In no instance will a civil penalty
for any one violation exceed the statutory
limit of $80,000 per day. * * *
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3. Adjustment Factors
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d. * * * Based on the degree of such
factors, DOE may escalate the amount of civil
penalties up to the statutory maximum of
$120,000 per violation per day for continuing
violations.
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16. The authority citation for part 851
continues to read as follows:
Authority: 42 U.S.C. 2201(i)(3), (p); 42
U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42
U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.
17. Section 851.5 is amended by
revising the first sentence of paragraph
(a) to read as follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
Enforcement.
(a) A contractor that is indemnified
under section 170d. of the AEA (or any
subcontractor or supplier thereto) and
that violates (or whose employee
violates) any requirement of this part
shall be subject to a civil penalty of up
to $80,000 for each such violation.
* * *
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■ 18. Appendix B to part 851 is
amended by:
■ a. Revising the last sentences of
paragraphs (b)(1) and (b)(2) in section
VI;
■ b. Revising paragraph 1.(e)(1) in
section IX ; and
■ c. Revising the fourth sentence in
paragraph 2.(f) in section IX.
The revisions read as follows:
17:09 Dec 31, 2013
Jkt 232001
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2. Civil Penalty
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21. The authority citation for part
1017 continues to read as follows:
■
Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C.
2401 et seq.; 42 U.S.C. 2168; 28 U.S.C. 2461.
22. Section 1017.29 is amended by
revising paragraph (c) to read as follows:
■
§ 1017.29
Civil penalty.
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(c) Amount of penalty. The Director
may propose imposition of a civil
penalty for violation of a requirement of
a regulation under paragraph (a) of this
section or a compliance order issued
under paragraph (b) of this section, not
to exceed $160,000 for each violation.
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PART 1050—FOREIGN GIFTS AND
DECORATIONS
23. The authority citation for part
1050 continues to read as follows:
■
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PART 1013—PROGRAM FRAUD CIVIL
REMEDIES AND PROCEDURES
19. The authority citation for part
1013 continues to reads as follows:
■
VerDate Mar<15>2010
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■
PART 851—WORKER SAFETY AND
HEALTH PROGRAM
§ 851.5
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(e) * * *
(1) DOE may assess civil penalties of up to
$80,000 per violation per day on contractors
(and their subcontractors and suppliers) that
are indemnified by the Price-Anderson Act,
42 U.S.C. 2210(d). See 10 CFR 851.5(a).
PART 1017—IDENTIFICATION AND
PROTECTION OF UNCLASSIFIED
CONTROLLED NUCLEAR
INFORMATION
Authority: The Constitution of the United
States, Article I, Section 9; 5 U.S.C. 7342; 22
U.S.C. 2694; 42 U.S.C. 7254 and 7262; 28
U.S.C. 2461 note.
24. Section 1050.303 is amended by
revising the last sentence in paragraph
(d) to read as follows:
■
§ 1050.303
Enforcement.
■
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(d) * * * The court in which such
action is brought may assess a civil
penalty against such employee in any
amount not to exceed the retail value of
the gift improperly solicited or received
plus $9,000.
§ 1013.3 Basis for civil penalties and
assessments.
[FR Doc. 2013–31326 Filed 12–31–13; 8:45 am]
Authority: 31 U.S.C. 3801–3812; 28 U.S.C.
2461 note.
20. Section 1013.3 is amended by
revising paragraphs (a)(1)(iv) and
(b)(1)(ii) to read as follows:
(a) * * *
(1) * * *
(iv) Is for payment for the provision
of property or services which the person
has not provided as claimed, shall be
subject, in addition to any other remedy
that may be prescribed by law, to a civil
penalty of not more than $9,000 for each
such claim.
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*
(b) * * *
(1) * * *
(ii) Contains or is accompanied by an
express certification or affirmation of
the truthfulness and accuracy of the
contents of the statement, shall be
subject, in addition to any other remedy
that may be prescribed by law, to a civil
penalty of not more than $9,000 for each
such statement.
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BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 141
[Docket No.: FAA–2013–0809]
Notice of Policy Change for the Use of
FAA Approved Training Devices
Federal Aviation
Administration (FAA), DOT.
ACTION: Policy statement.
AGENCY:
The notification provides
information and guidance concerning
the use of FAA approved ground
trainers, Personal Computer Aviation
Training Device’s (PCATD), Flight
Training Devices (FTD) level 1–3, and
Aviation Training Devices (ATD).
SUMMARY:
E:\FR\FM\02JAR1.SGM
02JAR1
Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations
Effective Date: The policy
described herein is effective February 3,
2014.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
policy notice, contact AFS–810, Airmen
Certification and Training Branch, 800
Independence Ave. SW., Washington,
DC 20591 202–385–9600
SUPPLEMENTARY INFORMATION:
DATES:
mstockstill on DSK4VPTVN1PROD with RULES
Background
Since the 1970s, the FAA has
gradually expanded the use of flight
simulation for training—first permitting
simulation to be used in air carrier
training programs and eventually
permitting pilots to credit time in
devices toward the aeronautical
experience requirements for
certification and recency. Currently,
Title 14 of the Code of Federal
Regulations (14 CFR) part 60 governs
the qualification of full flight simulators
and flight training devices (levels 4
through 7). The FAA has, however,
approved other devices for use in
certification training under the authority
provided in 14 CFR 61.4(c).
For over 30 years, the FAA has issued
Letters of Authorization (LOAs) to
manufacturers of ground trainers,
personal computer-based aviation
training devices (PCATD), FTDs (levels
1 through 3), basic aviation training
devices (BATD), and advanced aviation
training devices (AATD). These LOAs
were based on guidance provided in
advisory circulars that set forth the
qualifications and capabilities for the
devices. Prior to 2008, most LOAs were
issued under the guidance provided in
advisory circular AC 61–126,
Qualification and Approval of Personal
Computer-Based Aviation Training
Devices, and AC 120–45, Airplane
Flight Training Device Qualification.
Since July 2008, the FAA has been
approving devices in accordance with
Advisory Circular 61–136, FAA
Approval of Basic Aviation Training
Devices (BATD) and Advanced Aviation
Training Devices (AATD).
Generally, the LOAs that have been
issued list the approved uses for the
devices with specific regulatory
references. Several of these regulations
have changed over the years, and some
approved uses are no longer
permissible.1 In addition, the majority
of these LOAs were issued to
manufacturers without a specific
expiration date. The LOAs simply
placed obligations on the manufacturer
and the eventual operator of the device
to ensure that the device was properly
maintained and that annual reports
were submitted to the FAA regarding
the status and continued use of the
device. It is unclear the extent that these
reporting requirements have been
satisfied. Moreover, devices approved
prior to July 2008 have not been
assessed under the most current
guidance provided in AC 61–136.
In 2009, the FAA issued a final rule
that placed express limits on the
amount of instrument training in an
ATD that could be credited toward the
aeronautical experience requirements
for an instrument rating. 74 FR 42500
(Aug. 21, 2009). Under § 61.65(i), no
more than 10 hours of instrument time
received in an ATD may be credited
toward instrument time requirements of
that section. Likewise, appendix C to
part 141 states that credit for instrument
training in an ATD cannot exceed 10%
of the total flight training hour
requirements of an approved course.
The FAA has determined that it may
not use LOAs as a means to exceed
express limits that have been placed in
the regulations through notice and
comment rulemaking. As such, any
LOAs for new devices that the FAA has
issued since August 2013 reflect current
regulatory requirements. Because,
however, manufacturers and operators
who hold LOAs issued prior to August
2013, have acted in reliance on FAA
statements that were inconsistent with
the regulations, the FAA is granting a
limited exemption from the requirement
in the regulations to provide
manufacturers, operators, and pilots
currently training for an instrument
rating time to adjust to the reduction in
hours. This short-term exemption will
provide an interim period to transition
the LOAs for currently approved
devices in accordance with this policy.2
This exemption is in the public interest
because it will prevent undue harm
caused by reasonable reliance on FAA
statements.
In addition, the FAA notes that,
notwithstanding any statements in
existing LOAs, only FFS and FTDs
levels 4–7 approved under part 60 may
be used during a practical test as noted
2 The
1 Some of these devices at one time were
approved for practical tests for pilot certification
and ratings. However, because these trainers are not
tested to the levels of fidelity required for FFSs and
FTDs, they are no longer listed in the PTS for use
during testing. Specifically, level 1–3 flight training
devices have been removed from the task table in
each PTS.
VerDate Mar<15>2010
17:09 Dec 31, 2013
Jkt 232001
FAA is granting an exemption from
§ 61.65(i) for pilots applying for an instrument
rating who have received training from a training
provider who operates an ATD under the reduced
training hours. The FAA is also granting an
exemption to training providers from appendix C to
part 141 to permit them to continue to train during
the transition period under training programs with
more than 10% of the training time in ATDs.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
21
in the appropriate Practical Test
Standards (PTS) for the certificate or
rating sought. The current PTSs reflect
that no portion of a practical test may
be conducted in an ATD.
Policy
Due to regulatory changes, new
standards for qualifying aviation
training devices, and ongoing
improvements in technology, the FAA
has determined that it is necessary to
ensure all approved devices meet
current standards contained in AC 61–
136 (issued in July 2008) and are
consistent with existing regulations. As
such, all manufacturers of devices 3
(including ground trainers, PCATD, FTD
level 1–3, and ATDs) who currently
hold an LOA (or any other official
method of approval) must apply for a
new LOA. By January 1, 2015, all FAA
approved training devices must have an
LOA that has been reissued by AFS–800
(excluding part 60 approvals) that: (1)
Assesses the training device under the
standards in current AC 61–136; (2)
contains an expiration date; and (3)
reflects current regulatory requirements.
The only exception to the reapplication
requirement in this notice applies to
new devices that received their first
LOAs after August 23, 2013. As noted,
these devices have been approved in
accordance with AC 61–136, contain
expiration dates, and reference the
appropriate regulatory limitations.
After January 1, 2015, all LOAs
previously issued prior to August 23,
2013, for training devices approved to
meet requirements under parts 61 and
141 will terminate. This means that
experience obtained in these devices
may no longer be credited toward
aeronautical experience or currency
requirements in parts 61 and 141. In
order to promote standardization, LOAs
for any training device used for
certification and recency under parts 61
and 141 that are not approved by the
National Simulator Program AFS–205
will be issued only by General Aviation
and Commercial Division, AFS–800.
The FAA notes that, as part of this
process, renewed LOAs (as well as any
LOA issued for a new device) will
contain limitations for instrument
training that are consistent with the
express aeronautical experience limits
3 The FAA expects that most requests for
approval will come from the ATD manufacturer.
However, the FAA understands that in some cases
the manufacturer may no longer exist or may not
wish to seek approval for a particular device. As
such, the FAA will accept approval requests from
individual ATD owners. An ATD owner can be
considered synonymous with a manufacturer for
the purpose of submitting and receiving device
approvals as described in this notice.
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02JAR1
22
Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
for an instrument rating found in § 61.65
and appendix C to part 141.
LOAs that are reissued in accordance
with this notice will contain language
noting the previously discussed
exemption that will permit operators of
approved devices to continue to use
ATDs at the higher levels set forth in the
previously approved LOAs—and pilots
applying for an instrument rating will
be permitted to take the practical test
with the aeronautical experience set
forth in the LOAs—until January 1,
2015. After this date, no applicant for an
instrument rating may use more than 10
hours of instrument training in an ATD
toward the minimum aeronautical
experience requirements required to
take the practical test for an instrument
rating. In addition, no graduate of a
training program approved under
appendix C to part 141 may credit more
than 10% of the required coursework in
ATDs (unless that program has been
approved in accordance with
§ 141.55(d) or (e)).4 The FAA expects
manufacturers and operators to adjust
training in advance of this date so that
no applicant for an instrument rating is
ineligible. The FAA notes that the
regulations do not place a limit on the
amount of time that a person may train
in an ATD. Rather, the regulations place
a limit on the amount of time in an ATD
that may be credited toward the
aeronautical experience requirements
for an instrument rating. Operators may
continue to use these devices to
improve pilot proficiency and reduce
more costly time in an aircraft.
In order for any device, regardless of
issue date, to be used to gain the
aeronautical experience and currency
described in the letter of authorization,
that device must continue to perform to
standards required by that
authorization. In addition, all
conditions noted on the letter of
authorization must continue to be valid.
These conditions may include an
annual periodic inspection and
stakeholder report verifying
performance to original standards.
4 Part 141 Appendix C describes the curriculum
requirements for an approved training course. After
January 1, 2015, no courses approved under part
141 appendix C rating may allow for more than
10% of the required coursework to have been
completed in an ATD. After January 1, 2015, no
person may graduate from a course that allows for
more than 10% of the required coursework to have
been completed in an ATD. The exception is those
courses that have been approved under § 141.55 (d)
and (e). The FAA recognizes that some pilot schools
will need to revise their instrument-rating training
program to reflect the 10% crediting limitation and
resubmit for approval. Alternatively, a pilot school
may elect to resubmit their training course for
approval under § 141.55 (d) and (e).
VerDate Mar<15>2010
17:09 Dec 31, 2013
Jkt 232001
Applications for new LOAs
As noted above, all devices that
received initial approval before August
23, 2013 will require a new LOA to be
issued before January 1, 2015, in order
to continue to be used to obtain
aeronautical experience to meet
requirements under parts 61 and 141.
The FAA does not intend to reevaluate
every individual device as is the case for
FFSs and FTDs under part 60. Rather,
the FAA wants to ensure that the type
of device meets acceptable standards for
use in crediting aeronautical experience
and currency. The manufacturer will be
responsible for providing a copy of the
renewed LOA to any operator of the
device.
Devices that received approval between
July 14, 2008, and August 23, 2013
Devices that were approved between
July 14, 2008 and August 23, 2013 have
been assessed under the current
standards in AC 61–136; however, these
devices may not contain the current
regulatory limits of § 61.65(i) or part 141
Appendix C. Any LOA issued after July
14, 2008, may be reissued without the
need for additional evaluation.
Manufacturers must, however, submit a
letter to the General Aviation and
Commercial Division (AFS–800),
including a copy of the original
authorization, requesting a revised LOA
that will contain regulatory references
that reflect current requirements. If the
LOA contains an expiration date, this
new authorization will retain the
original expiration date.5 For LOAs
originally issued without an expiration
date, the new LOA will reflect a fiveyear expiration date.
The new LOA will replace and
supersede the previous authorization.
However, as noted, the FAA will
continue to accept applicants for the
instrument rating practical test who
need to credit more than 10 hours of
instrument time in an ATD to meet the
minimum aeronautical experience
requirements until January 1, 2015.
Devices approved prior to July 14, 2008
All devices (including ground
trainers, PCATD, FTD level 1–3, and
ATDs) for which an LOA (or any other
official method of approval) was issued
prior to July 2008 must be reevaluated
under the standards set forth in the
current advisory circular. Manufacturers
of these devices will be required to
demonstrate that the device meets the
current standards for ATDs set forth in
AC 61–136. The manufacturer must
request this evaluation by the means
5 Since January 2012, all LOAs have been issued
to manufacturers with a five-year expiration date.
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
described in AC 61–136 no later than
July 1, 2014, in order to ensure that the
FAA has adequate time to evaluate the
device and issue a new LOA before the
existing LOA terminates on January 1,
2015. The FAA cannot guarantee that
applications for reissued LOAs that are
received after July 1, 2014, will be
processed prior to the termination date.
The LOAs reissued for these devices
will be revised to contain expiration
dates and reflect current regulatory
requirements and references.
Disposition
The FAA has initiated a revision to
AC 61–136 and will amend obsolete
guidance concerning the approval and
use of PCATD’s, FTD’s (level 1–3) and
ATDs. The FAA will insert into AC 61–
136 all of the above policy concerning
these training devices. Please direct any
questions or requests concerning
information in this notice to AFS–810,
Airmen Certification and Training
Branch, 800 Independence Ave. SW.,
Washington, DC 20591.
Issued in Washington, DC, on December
19, 2013.
John Barbagallo,
Acting Deputy Director, Flight Standards
Service.
[FR Doc. 2013–31094 Filed 12–31–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742, 744, 770, 772
and 774
[Docket No. 110928603–3999–02]
RIN 0694–AF39
Revisions to the Export Administration
Regulations: Military Vehicles; Vessels
of War; Submersible Vessels,
Oceanographic Equipment; Related
Items; and Auxiliary and Miscellaneous
Items That the President Determines
No Longer Warrant Control Under the
United States Munitions List; Final
Rule; Correction
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correction
AGENCY:
The Bureau of Industry and
Security (BIS) is correcting a final rule
that appeared in the Federal Register of
July 8, 2013 (78 FR 40892) (here and
after referred to as the July 8 rule),
which becomes effective on January 6,
2014. The July 8 rule adds to the Export
Administration Regulations (EAR)
controls on military vehicles and related
SUMMARY:
E:\FR\FM\02JAR1.SGM
02JAR1
]]>Agencies
[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 20-22]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31094]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 141
[Docket No.: FAA-2013-0809]
Notice of Policy Change for the Use of FAA Approved Training
Devices
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Policy statement.
-----------------------------------------------------------------------
SUMMARY: The notification provides information and guidance concerning
the use of FAA approved ground trainers, Personal Computer Aviation
Training Device's (PCATD), Flight Training Devices (FTD) level 1-3, and
Aviation Training Devices (ATD).
[[Page 21]]
DATES: Effective Date: The policy described herein is effective
February 3, 2014.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this policy notice, contact AFS-810, Airmen Certification and Training
Branch, 800 Independence Ave. SW., Washington, DC 20591 202-385-9600
SUPPLEMENTARY INFORMATION:
Background
Since the 1970s, the FAA has gradually expanded the use of flight
simulation for training--first permitting simulation to be used in air
carrier training programs and eventually permitting pilots to credit
time in devices toward the aeronautical experience requirements for
certification and recency. Currently, Title 14 of the Code of Federal
Regulations (14 CFR) part 60 governs the qualification of full flight
simulators and flight training devices (levels 4 through 7). The FAA
has, however, approved other devices for use in certification training
under the authority provided in 14 CFR 61.4(c).
For over 30 years, the FAA has issued Letters of Authorization
(LOAs) to manufacturers of ground trainers, personal computer-based
aviation training devices (PCATD), FTDs (levels 1 through 3), basic
aviation training devices (BATD), and advanced aviation training
devices (AATD). These LOAs were based on guidance provided in advisory
circulars that set forth the qualifications and capabilities for the
devices. Prior to 2008, most LOAs were issued under the guidance
provided in advisory circular AC 61-126, Qualification and Approval of
Personal Computer-Based Aviation Training Devices, and AC 120-45,
Airplane Flight Training Device Qualification. Since July 2008, the FAA
has been approving devices in accordance with Advisory Circular 61-136,
FAA Approval of Basic Aviation Training Devices (BATD) and Advanced
Aviation Training Devices (AATD).
Generally, the LOAs that have been issued list the approved uses
for the devices with specific regulatory references. Several of these
regulations have changed over the years, and some approved uses are no
longer permissible.\1\ In addition, the majority of these LOAs were
issued to manufacturers without a specific expiration date. The LOAs
simply placed obligations on the manufacturer and the eventual operator
of the device to ensure that the device was properly maintained and
that annual reports were submitted to the FAA regarding the status and
continued use of the device. It is unclear the extent that these
reporting requirements have been satisfied. Moreover, devices approved
prior to July 2008 have not been assessed under the most current
guidance provided in AC 61-136.
---------------------------------------------------------------------------
\1\ Some of these devices at one time were approved for
practical tests for pilot certification and ratings. However,
because these trainers are not tested to the levels of fidelity
required for FFSs and FTDs, they are no longer listed in the PTS for
use during testing. Specifically, level 1-3 flight training devices
have been removed from the task table in each PTS.
---------------------------------------------------------------------------
In 2009, the FAA issued a final rule that placed express limits on
the amount of instrument training in an ATD that could be credited
toward the aeronautical experience requirements for an instrument
rating. 74 FR 42500 (Aug. 21, 2009). Under Sec. 61.65(i), no more than
10 hours of instrument time received in an ATD may be credited toward
instrument time requirements of that section. Likewise, appendix C to
part 141 states that credit for instrument training in an ATD cannot
exceed 10% of the total flight training hour requirements of an
approved course.
The FAA has determined that it may not use LOAs as a means to
exceed express limits that have been placed in the regulations through
notice and comment rulemaking. As such, any LOAs for new devices that
the FAA has issued since August 2013 reflect current regulatory
requirements. Because, however, manufacturers and operators who hold
LOAs issued prior to August 2013, have acted in reliance on FAA
statements that were inconsistent with the regulations, the FAA is
granting a limited exemption from the requirement in the regulations to
provide manufacturers, operators, and pilots currently training for an
instrument rating time to adjust to the reduction in hours. This short-
term exemption will provide an interim period to transition the LOAs
for currently approved devices in accordance with this policy.\2\ This
exemption is in the public interest because it will prevent undue harm
caused by reasonable reliance on FAA statements.
---------------------------------------------------------------------------
\2\ The FAA is granting an exemption from Sec. 61.65(i) for
pilots applying for an instrument rating who have received training
from a training provider who operates an ATD under the reduced
training hours. The FAA is also granting an exemption to training
providers from appendix C to part 141 to permit them to continue to
train during the transition period under training programs with more
than 10% of the training time in ATDs.
---------------------------------------------------------------------------
In addition, the FAA notes that, notwithstanding any statements in
existing LOAs, only FFS and FTDs levels 4-7 approved under part 60 may
be used during a practical test as noted in the appropriate Practical
Test Standards (PTS) for the certificate or rating sought. The current
PTSs reflect that no portion of a practical test may be conducted in an
ATD.
Policy
Due to regulatory changes, new standards for qualifying aviation
training devices, and ongoing improvements in technology, the FAA has
determined that it is necessary to ensure all approved devices meet
current standards contained in AC 61-136 (issued in July 2008) and are
consistent with existing regulations. As such, all manufacturers of
devices \3\ (including ground trainers, PCATD, FTD level 1-3, and ATDs)
who currently hold an LOA (or any other official method of approval)
must apply for a new LOA. By January 1, 2015, all FAA approved training
devices must have an LOA that has been reissued by AFS-800 (excluding
part 60 approvals) that: (1) Assesses the training device under the
standards in current AC 61-136; (2) contains an expiration date; and
(3) reflects current regulatory requirements. The only exception to the
reapplication requirement in this notice applies to new devices that
received their first LOAs after August 23, 2013. As noted, these
devices have been approved in accordance with AC 61-136, contain
expiration dates, and reference the appropriate regulatory limitations.
---------------------------------------------------------------------------
\3\ The FAA expects that most requests for approval will come
from the ATD manufacturer. However, the FAA understands that in some
cases the manufacturer may no longer exist or may not wish to seek
approval for a particular device. As such, the FAA will accept
approval requests from individual ATD owners. An ATD owner can be
considered synonymous with a manufacturer for the purpose of
submitting and receiving device approvals as described in this
notice.
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After January 1, 2015, all LOAs previously issued prior to August
23, 2013, for training devices approved to meet requirements under
parts 61 and 141 will terminate. This means that experience obtained in
these devices may no longer be credited toward aeronautical experience
or currency requirements in parts 61 and 141. In order to promote
standardization, LOAs for any training device used for certification
and recency under parts 61 and 141 that are not approved by the
National Simulator Program AFS-205 will be issued only by General
Aviation and Commercial Division, AFS-800. The FAA notes that, as part
of this process, renewed LOAs (as well as any LOA issued for a new
device) will contain limitations for instrument training that are
consistent with the express aeronautical experience limits
[[Page 22]]
for an instrument rating found in Sec. 61.65 and appendix C to part
141.
LOAs that are reissued in accordance with this notice will contain
language noting the previously discussed exemption that will permit
operators of approved devices to continue to use ATDs at the higher
levels set forth in the previously approved LOAs--and pilots applying
for an instrument rating will be permitted to take the practical test
with the aeronautical experience set forth in the LOAs--until January
1, 2015. After this date, no applicant for an instrument rating may use
more than 10 hours of instrument training in an ATD toward the minimum
aeronautical experience requirements required to take the practical
test for an instrument rating. In addition, no graduate of a training
program approved under appendix C to part 141 may credit more than 10%
of the required coursework in ATDs (unless that program has been
approved in accordance with Sec. 141.55(d) or (e)).\4\ The FAA expects
manufacturers and operators to adjust training in advance of this date
so that no applicant for an instrument rating is ineligible. The FAA
notes that the regulations do not place a limit on the amount of time
that a person may train in an ATD. Rather, the regulations place a
limit on the amount of time in an ATD that may be credited toward the
aeronautical experience requirements for an instrument rating.
Operators may continue to use these devices to improve pilot
proficiency and reduce more costly time in an aircraft.
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\4\ Part 141 Appendix C describes the curriculum requirements
for an approved training course. After January 1, 2015, no courses
approved under part 141 appendix C rating may allow for more than
10% of the required coursework to have been completed in an ATD.
After January 1, 2015, no person may graduate from a course that
allows for more than 10% of the required coursework to have been
completed in an ATD. The exception is those courses that have been
approved under Sec. 141.55 (d) and (e). The FAA recognizes that
some pilot schools will need to revise their instrument-rating
training program to reflect the 10% crediting limitation and
resubmit for approval. Alternatively, a pilot school may elect to
resubmit their training course for approval under Sec. 141.55 (d)
and (e).
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In order for any device, regardless of issue date, to be used to
gain the aeronautical experience and currency described in the letter
of authorization, that device must continue to perform to standards
required by that authorization. In addition, all conditions noted on
the letter of authorization must continue to be valid. These conditions
may include an annual periodic inspection and stakeholder report
verifying performance to original standards.
Applications for new LOAs
As noted above, all devices that received initial approval before
August 23, 2013 will require a new LOA to be issued before January 1,
2015, in order to continue to be used to obtain aeronautical experience
to meet requirements under parts 61 and 141. The FAA does not intend to
reevaluate every individual device as is the case for FFSs and FTDs
under part 60. Rather, the FAA wants to ensure that the type of device
meets acceptable standards for use in crediting aeronautical experience
and currency. The manufacturer will be responsible for providing a copy
of the renewed LOA to any operator of the device.
Devices that received approval between July 14, 2008, and August 23,
2013
Devices that were approved between July 14, 2008 and August 23,
2013 have been assessed under the current standards in AC 61-136;
however, these devices may not contain the current regulatory limits of
Sec. 61.65(i) or part 141 Appendix C. Any LOA issued after July 14,
2008, may be reissued without the need for additional evaluation.
Manufacturers must, however, submit a letter to the General Aviation
and Commercial Division (AFS-800), including a copy of the original
authorization, requesting a revised LOA that will contain regulatory
references that reflect current requirements. If the LOA contains an
expiration date, this new authorization will retain the original
expiration date.\5\ For LOAs originally issued without an expiration
date, the new LOA will reflect a five-year expiration date.
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\5\ Since January 2012, all LOAs have been issued to
manufacturers with a five-year expiration date.
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The new LOA will replace and supersede the previous authorization.
However, as noted, the FAA will continue to accept applicants for the
instrument rating practical test who need to credit more than 10 hours
of instrument time in an ATD to meet the minimum aeronautical
experience requirements until January 1, 2015.
Devices approved prior to July 14, 2008
All devices (including ground trainers, PCATD, FTD level 1-3, and
ATDs) for which an LOA (or any other official method of approval) was
issued prior to July 2008 must be reevaluated under the standards set
forth in the current advisory circular. Manufacturers of these devices
will be required to demonstrate that the device meets the current
standards for ATDs set forth in AC 61-136. The manufacturer must
request this evaluation by the means described in AC 61-136 no later
than July 1, 2014, in order to ensure that the FAA has adequate time to
evaluate the device and issue a new LOA before the existing LOA
terminates on January 1, 2015. The FAA cannot guarantee that
applications for reissued LOAs that are received after July 1, 2014,
will be processed prior to the termination date. The LOAs reissued for
these devices will be revised to contain expiration dates and reflect
current regulatory requirements and references.
Disposition
The FAA has initiated a revision to AC 61-136 and will amend
obsolete guidance concerning the approval and use of PCATD's, FTD's
(level 1-3) and ATDs. The FAA will insert into AC 61-136 all of the
above policy concerning these training devices. Please direct any
questions or requests concerning information in this notice to AFS-810,
Airmen Certification and Training Branch, 800 Independence Ave. SW.,
Washington, DC 20591.
Issued in Washington, DC, on December 19, 2013.
John Barbagallo,
Acting Deputy Director, Flight Standards Service.
[FR Doc. 2013-31094 Filed 12-31-13; 8:45 am]
BILLING CODE 4910-13-P
