Aviation Training Device Credit for Pilot Certification, 34338-34346 [2015-14836]
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Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules
may review a copy of the service information
at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137.
(2) The subject of this AD is addressed in
Direction Generale de L’Aviation Civile
(DGAC) AD No. F–2003–325 R1, Revision A,
dated May 12, 2004. You may view the
DGAC AD on the Internet at https://
www.regulations.gov in Docket No. FAA–
2014–0105.
(g) Special Flight Permits
Special flight permits may be issued
provided there are no cracks in the coupling
tube attachment fitting.
RIN 2120–AK71
(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: James Blyn,
Aviation Safety Engineer, Regulations and
Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
76137; telephone (817) 222–5110; email
james.blyn@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
(i) Remove from service the following
engine mount parts:
(A) Support arm, P/N C714A1107201;
(B) Swaged support arm, P/N
C714A1106201;
(C) Left-hand support bracket, P/N
C714A1101102; and
(D) Right-hand support bracket, P/N
C714A1101103.
(ii) Measure the height of the engine
mounting base as depicted in Figure 1 of
Eurocopter Alert SB No. 04A005, Revision 0,
dated July 16, 2003. If the height is more than
10.5 millimeters, replace the engine mount
with an engine mount that does not have the
parts identified in paragraph (f)(1)(i) of this
AD.
(2) For helicopters with a serial number
1170 and larger or helicopters modified with
an improvement of the engine mount in
accordance with SB 71–003:
(i) Within 25 hours TIS, replace the springtype engine suspension system and perform
a dye-penetrant inspection of the flared
coupling for a crack by following the
Accomplishment Instructions, paragraphs
2.B.2.a through 2.B.2.c of SB 71–005.
(ii) If there is a crack in the flared coupling,
before further flight, replace the coupling
with an airworthy coupling.
(3) For helicopters with coupling tube, P/
N C631A1002101, installed, before further
flight, remove coupling tube, P/N
C631A1002101, from service. Do not install
coupling tube, P/N C631A1002101, on any
helicopter.
AGENCY:
(i) Additional Information
(1) Eurocopter Alert Service Bulletin (ASB)
No. 05A003, Revision 2, dated July 16, 2003,
Eurocopter ASB No. 05A003, Revision 3,
dated May 11, 2004, and Eurocopter Service
Bulletin No. 71–003, Revision 1, dated July
18, 2002, which are not incorporated by
reference, contain additional information
about the subject of this AD. For service
information identified in this AD, contact
Airbus Helicopters, Inc., 2701 N. Forum
Drive, Grand Prairie, Texas 75052, telephone
(972) 641–0000 or (800) 232–0323; fax (972)
641–3775; or at https://
www.airbushelicopters.com/techpub. You
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(j) Subject
Joint Aircraft Service Component (JASC)
Code: 6310 Engine/Transmission Coupling—
Coupling Tube, Engine Mount, and Engine
Mount Base.
Issued in Fort Worth, Texas, on May 29,
2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
[FR Doc. 2015–14282 Filed 6–15–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 141
[Docket No.: FAA–2015–1846; Notice No.
15–03]
Aviation Training Device Credit for
Pilot Certification
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
This rulemaking proposes to
relieve burdens on pilots seeking to
obtain aeronautical experience, training,
and certification by increasing the
allowed use of aviation training devices.
These actions are necessary to bring the
regulations in line with current needs
and activities of the general aviation
training community and pilots.
DATES: Send comments on or before July
16, 2015.
ADDRESSES: Send comments identified
by docket number FAA–2015–1846
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
SUMMARY:
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Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Marcel Bernard, Airmen
Certification and Training Branch,
Flight Standards Service, AFS–810,
Federal Aviation Administration, 898
Airport Park Road, Suite 204, Glen
Burnie, MD 21061; telephone: (410)
590–5364 x235 email marcel.bernard@
faa.gov.
For legal questions concerning this
action, contact Anne Moore, Regulations
Division, Office of the Chief Counsel,
AGC–200, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–3073; email
anne.moore@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code (49 U.S.C.). Subtitle
I, Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority.
This rulemaking is promulgated
under the authority described in 49
U.S.C. 106(f), which establishes the
authority of the Administrator to
promulgate regulations and rules; 49
U.S.C. 44701(a)(5), which requires the
Administrator to promote safe flight of
civil aircraft in air commerce by
prescribing regulations and setting
minimum standards for other practices,
methods, and procedures necessary for
safety in air commerce and national
security; and 49 U.S.C. 44703(a), which
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requires the Administrator to prescribe
regulations for the issuance of airman
certificates when the Administrator
finds, after investigation, that an
individual is qualified for, and
physically able to perform the duties
related to, the position authorized by
the certificate.
I. Background
Since the 1970s, the FAA has
gradually expanded the permitted 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 airman
certification and recency. Currently,
Title 14 of the Code of Federal
Regulations (14 CFR) part 60 governs
the qualification of flight simulation
training devices (FSTDs), which include
full flight simulators (FFSs) level A
through D and flight training devices
(FTDs) levels 4 through 7. The FAA has,
however, approved other devices,
including aviation training devices
(ATDs), for use in pilot certification
training, under the authority provided
in 14 CFR 61.4(c).1
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 (ACs) that set forth
the qualifications and capabilities for
the devices. Prior to 2008, most LOAs
were issued under the guidance
provided in AC 61–126, Qualification
and Approval of Personal ComputerBased Aviation Training Devices, and
AC 120–45, Airplane Flight Training
Device Qualification. Starting in July of
2008, the FAA approved devices in
accordance with AC 61–136, FAA
Approval of Basic Aviation Training
Devices (BATD) and Advanced Aviation
Training Devices (AATD). More
recently, on December 3, 2014, the FAA
published a revision to AC 61–136A,
Approval of Aviation Training Devices
and Their Use for Training and
Experience.
In 2009, the FAA issued a final rule
that for the first time introduced the
term ‘‘aviation training device’’ into the
regulations and placed express limits on
the amount of instrument time in an
ATD that could be credited toward the
1 Section 61.4(c) states that the ‘‘Administrator
may approve a device other than a flight simulator
or flight training device for specific purposes.’’
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aeronautical experience requirements
for an instrument rating.2
Since the 2009 final rule, § 61.65(i)
has provided that no more than 10
hours of instrument time received in an
ATD may be credited toward the
instrument time requirements of that
section. In addition, appendix C to part
141 permits an ATD to be used for no
more than 10 percent of the total flight
training hour requirements of an
approved course for an instrument
rating.
Prior to the 2009 final rule, the FAA
had issued hundreds of LOAs to
manufacturers of devices that permitted
some ATDs (as well as ground trainers,
and FTDs (levels 1 through 3)) to be
used to a greater extent than was
ultimately set forth in the regulations.
The FAA continued to issue LOAs for
AATDs in excess of the express
limitations in the regulations after the
publication of the 2009 final rule.
On January 2, 2014, the FAA
published a notice of policy requiring
manufacturers of ATDs to obtain new
LOAs reflecting the appropriate
regulatory allowances for ATD use. 79
FR 20.3 The notice stated the FAA’s
conclusion that it could not use LOAs
to exceed express limitations that had
been placed in the regulations through
notice and comment rulemaking. The
FAA noted that, since August 2013,
LOAs issued for new devices reflect
current regulatory requirements.
However, manufacturers and operators
who held LOAs issued prior to August
2013 acted in reliance on FAA
statements that were inconsistent with
the regulations. Therefore, the FAA
granted 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 creditable hours. This
short-term exemption was intended to
provide an interim period to transition
the LOAs for all previously approved
devices in accordance with the new
policy. The FAA found the exemption
2 In a 2007 NPRM, the FAA proposed to limit the
time in a personal computer-based aviation training
device that could be credited toward the instrument
rating. Pilot, Flight Instructor, and Pilot School
Certification NPRM, 72 FR 5806 (February 7, 2007).
Three commenters recommended that the FAA use
the terms ‘‘basic aviation training device’’ (BATD)
and ‘‘advanced aviation training device’’ (AATD).
Pilot, Flight Instructor, and Pilot School
Certification Final Rule, 74 FR 42500 (August 21,
2009) (‘‘2009 Final Rule’’). In response to the
commenters, the FAA changed the regulatory text
in the final rule to ‘‘aviation training device,’’
noting BATDs and AATDs ‘‘as being aviation
training devices (ATD) are defined’’ in an advisory
circular.
3 ‘‘Notice of Policy Change for the Use of FAA
Approved Training Devices,’’ January 2, 2014.
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to be in the public interest in order to
prevent undue harm caused by
reasonable reliance on the LOAs.
As stated in the notice, this short term
exemption expired on January 1, 2015.
The FAA explained that after that date,
no applicant training for an instrument
rating under part 61 may use more than
10 hours of instrument time in an ATD
toward the minimum aeronautical
experience requirements required to
take the practical test for an instrument
rating.4 In addition, no instrument
rating course approved under appendix
C to part 141 may credit more than 10
percent of training in ATDs toward the
total flight training hour requirements of
the course (unless that program has
been approved in accordance with
§ 141.55(d) or (e)).5
To address the discrepancy between
the level of ATD credit allowed
historically by LOA and the lower
allowances placed in the regulations,
the FAA published a direct final rule
that would have amended the
regulations governing the use of ATDs.6
The direct final rule would have
increased the use of these devices for
instrument training requirements above
the levels established in the 2009 final
rule. In developing this direct final rule,
the FAA noted that ATD development
has advanced to an impressive level of
capability. Many ATDs can simulate
weather conditions with variable winds,
variable ceilings and visibility, icing,
turbulence, high definition (HD) visuals,
hundreds of different equipment failure
scenarios, navigation specific to current
charts and topography, specific
navigation and communication
equipment use, variable ‘‘aircraft
specific’’ performance, and more. The
visual and motion component of some
of these devices permit maneuvers that
require outside visual references in an
aircraft to be successfully taught in an
AATD. Many of these simulation
capabilities were not possible in
previously approved devices (such as
PCATDs).
In the direct final rule, the FAA stated
its belief that permitting pilots to log
increased time in ATDs would
encourage pilots to practice maneuvers
until they are performed to an
acceptable level of proficiency. In an
4 Under § 61.65, a person who applies for an
instrument rating must have completed 40 hours of
actual or simulated instrument time of which 15
hours must have been with an authorized instructor
who holds the appropriate instrument rating.
5 Under appendix C, each approved course for an
instrument rating must include 35 hours of
instrument training for an initial instrument rating
or 15 hours of instrument training for an additional
instrument rating.
6 79 FR 71634, December 3, 2014, withdrawn at
80 FR 2001, January 15, 2015 (RIN 2120–AK62).
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ATD, a pilot can replay the training
scenario, identify any improper action,
practice abnormal/emergency
procedures, and determine corrective
actions without undue hazard or risk to
persons or property. In this fashion, a
pilot can continue to practice tasks and
maneuvers in a safe, effective, and cost
efficient means of maintaining
proficiency.
II. The Direct Final Rule
As described in the previous section,
to address the discrepancy between
FAA regulations and prior policy, on
December 3, 2014, the FAA published a
direct final rule that would have
increased the allowed use of ATDs. The
FAA received 20 comments to the direct
final rule.7 The provisions of the direct
final rule, the comments received, and
FAA’s responses to those comments are
discussed below.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
A. Credit for Aeronautical Experience
Requirements for an Instrument Rating
and Approved Instrument Rating
Courses
Credit for aeronautical experience
requirements for an instrument rating:
The direct final rule would have
increased the maximum time that may
be credited in an ATD toward the
aeronautical experience requirements
for an instrument rating under
§ 61.65(i). The direct final rule would
have permitted a person to credit a
maximum of 20 hours of aeronautical
experience acquired in an approved
ATD toward the requirements for an
instrument rating. Devices that qualify
as AATDs would have been authorized
for up to 20 hours of experience to meet
the instrument time requirements.
Devices that qualify as BATDs would
have been authorized for a maximum of
10 hours of experience to meet the
instrument time requirements.
Approved instrument rating courses:
The direct final rule also would have
amended appendix C to part 141 to
increase the limit on the amount of
training hours that may be
accomplished in an ATD in an approved
course for an instrument rating. An ATD
would have been permitted to be used
for no more than 40 percent of the total
flight training hour requirements in an
approved instrument rating course.
Comments received: The FAA
received 20 comments regarding these
provisions. Eighteen comments
supported the provisions. However, two
commenters raised concerns. As those
comments were adverse to the direct
7 The direct final rule and the comments received
thereto may be found in FAA Docket No. FAA–
2014–0987 at https://www.regulations.gov.
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final rule, the FAA was required to
withdraw the direct final rule, 80 FR
2001, (Jan. 15, 2015). 14 CFR 11.13. The
comments and FAA’s responses are
discussed below.
Comments supporting the direct final
rule: Eighteen comments supported the
direct final rule provisions with 16
comments from individuals, and two
from the Society of Aviation and Flight
Educators (SAFE) and the Aircraft
Owners and Pilots Association (AOPA).
Nine commenters simply stated their
general support. Several other
commenters noted that use of ATDs
would save pilots time and money. The
FAA notes that none of those
commenters provided quantified
estimates regarding time or cost savings.
One commenter asserted that the
ability to simulate a wide variety of
situations or to drill procedures through
repetition in an ATD is far greater than
in the actual aircraft. The commenter
believed that the ATD learning
environment is less stressful, less noisy,
and less unpredictable, thus making it a
better classroom to learn detailed
instrument procedures.
Another commenter asserted that the
rule provisions would enhance safety by
allowing more pilots to add instrument
ratings to their certificates. The
commenter believed that the rule
provisions would potentially reduce
controlled flight into terrain accidents
because pilots would be more likely to
have a higher level of proficiency in
controlling solely by reference to the
instruments.
One commenter expressed a desire
that the same principles applied to
required instrument experience under
14 CFR 61.57. The FAA notes that this
comment is beyond the scope of this
rulemaking.
Adverse comments: The FAA received
two adverse comments regarding these
provisions. The first commenter, who
indicated he is a professional pilot,
airline transport pilot, and flight
instructor with multiple ratings
(airplane multiengine, airplane singleengine, and instrument-airplane),
believed that flight requires the use and
correlation of all senses in order to make
a lasting impression. The commenter
believed the fundamentals of instructing
agrees with this position. More
importantly, the commenter believed
that acclimation to instrument
meteorological conditions helps pilots
relate these various inputs and strategies
to deal with them. The commenter
asserted that ATDs are valuable as
procedure trainers, but not as valuable
as ‘‘everyone seems to think. The rapid
redeployment of a situation seems like
an advantage, yet it diminishes the
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learning because it seems so easy to
recover from a botched maneuver.’’ The
commenter also asserted that resetting
the situation diminishes the ‘‘routine’’
that a pilot relies on to take him or her
to a specific place, which interferes
greatly with the learning of each step.
The commenter also believed that no
amount of graphic imagery or display
setup, even in full motion simulators,
ever causes a pilot to lose consciousness
of the fact that it is a simulator. The
commenter asserted that flight
simulators are wonderful, but very
limited devices. Instead of increasing a
pilot’s skill, however, they have come
between real-world flying and desktop
flying. The commenter stated that they
have increased reliance on screens and
autopilots and diminished the pilot’s
sense of being in charge of the aircraft
and the flight. Stalls, thunderstorms,
and icing are the greatest dangers, yet
ATDs cannot depict these accurately or
realistically.
Finally, the commenter noted the
belief that the industry at large always
diminishes the importance of safety and
increases the importance of costs
whenever training requirements are
considered. The commenter believed
one hour in any aircraft is worth ten in
front of an ATD. The commenter stated,
‘‘The cost of a lost aircraft and all its
crew is not worth the imagined savings
gained from flying imaginary aircraft in
imaginary environments.’’
The second commenter, who is or
was, a flight instructor with an
instrument rating and an air traffic
controller, questioned whether flight
students should be trained and live in
an unrealistic world. The commenter
believed that training in the classroom
environment and in labs was an
excellent preparatory environment, but
nothing like the realities of real life.
While the commenter ‘‘highly
recommend[ed]’’ the use of such
devices, the commenter cautioned the
direct final rule included too much of a
reduction. The commenter advised:
‘‘Proceed with appropriate caution and
understand the risk involved.’’
Public comments responding to the
adverse comments: SAFE submitted a
comment in response to the first adverse
comment received. SAFE noted that
microprocessor developments over the
past several years have resulted in a
new generation of increasingly
affordable mid and upper level devices
which replicate sensory inputs with an
incredible degree of accuracy and which
are becoming commonplace in the
training market. SAFE stated that ATDs
can provide the student with excellent
opportunities to focus on learning the
correct procedures for situations such as
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nighttime operations, narrow or sloping
runways, glassy water, and instrument
meteorological conditions without
interference from conflicting or adverse
sensory inputs before being exposed to
them in the live flight environment
where confusion can occur between the
body and the brain until training and
experience overcome the sensory input.
SAFE claimed that ‘‘Peer reviewed
research conclusively shows that when
properly utilized as part of a
comprehensive training program
[training] devices actually speed up the
learning process by allowing students to
bypass areas of successful
understanding and to concentrate on
areas where more practice is required.
. . . Specific research by the military
and major airlines show that these
devices can consistently enhance
student retention of lesson material,
increase student confidence levels, and
reduce accident and loss rates.’’ The
FAA notes that SAFE did not provide
sources for these claims.
SAFE further asserted that ATDs have
proven very effective in simulating
certain emergencies too dangerous to
practice in the air. This practice builds
pilot confidence in being prepared to
handle such situations should they
occur. SAFE also asserted that current
military and civilian research shows a
positive relationship between ATD use
and safer flying. SAFE did not provide
research or source citations to support
these assertions.
Finally, SAFE noted that one of the
key factors in today’s extreme dropout
rate in flight training is the ‘‘very high
cost.’’ SAFE stated ‘‘[W]e must find a
way to contain the training costs
without sacrificing safety or operation
utility. ATDs, properly utilized, are a
modern component in achieving this.’’
AOPA also supported the rule with
the following statement and stated that
the FAA should ‘‘continue to permit the
flight training industry to maximize the
use of aviation training devices (ATDs)
for instrument flight training in order to
certificate safe competent pilots in a
structured and economical way.’’ AOPA
also provided discussion concerning the
adverse comments received and
suggested why they should be
considered without substance and not
adverse within the context of the direct
final rulemaking process.
FAA Response: The FAA agrees with
the commenters who support increased
training time in ATDs, including the
comments related to the dynamic
training capability of these devices, cost
savings, and recent technical
advancements that enhance the
usability of ATDs.
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To the extent that an adverse
commenter asserted that flying must
involve a ‘‘correlation of all senses’’ and
that ‘‘sounds and feel are vital to
recognizing unusual attitudes’’ when
other senses fail, the FAA disagrees
concerning positive aircraft control
skills and has provided extensive
guidance on this topic in the Instrument
Flying Handbook (FAA–H–8083–15B).8
In particular, the Handbook advises that
pilots should disregard sensory
perceptions and ‘‘[m]ost importantly,
become proficient in the use of the flight
instruments and rely upon them.’’ The
Handbook further states ‘‘[t]hese
undesirable sensations cannot be
completely prevented, but through
training and awareness, pilots can
ignore or suppress them by developing
absolute reliance on the flight
instruments.’’ 9
The FAA believes that training in
ATDs and FSTDs, when used in
conjunction with training in an aircraft,
teach an instrument student to trust the
appropriate sense, vision, in order to
successfully operate an aircraft in low
visibility conditions. Training in an
ATD reinforces this necessary skill and
any reliance on ‘‘sounds or feel’’ may
ultimately lead to loss of control when
operating an aircraft in instrument
meteorological conditions. Because
ignoring the postural senses involves
relying on visual clues, the ATD
provides an excellent platform for a
pilot to develop this portion of his or
her instrument flying skills. The FAA
recognizes that a device does not require
motion in order to be approved as an
AATD; thus, these devices are limited in
that they cannot completely train the
pilot to ignore outside sensory
perceptions. The FAA finds that a pilot
can develop this ability during the
aeronautical experience that an
applicant for an instrument rating must
obtain in an aircraft.
The same commenter also discussed
the capability of an aviation training
device to ‘‘[reset] the situation.’’ The
commenter suggested that this
capability makes it too easy to recover
from an unsatisfactory maneuver by
simply returning to a previous location
during the simulated flight. The
commenter explained that this
diminishes the routine that a pilot relies
on during flight. The FAA does not
agree and finds significant value in the
ability of the device to be reconfigured
to return to a point at which the pilot
is having difficulty with a particular
8 https://www.faa.gov/regulations_policies/
handbooks_manuals/aviation/.
9 FAA–H–8083–15B Instrument Flying Handbook
updated 7/2/2014 pg. 3–9.
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procedure or maneuver. This will allow
the pilot to practice the corrective action
until able to successfully complete the
procedure or maneuver. This feature
allows repetitive practice of a difficult
procedure in a short period of time that
could potentially add hours of training
if accomplished in an aircraft.
Additionally, simulation supports the
long-endorsed teaching practice of
‘‘meaningful repetition.’’ 10 More
practice in an aviation training device
until a pilot performs a particular
segment of a procedure or action
correctly, before attempting the same in
an aircraft, is an acceptable and
desirable practice. Because half of the
required instrument time under part 61
(20 hours), or 60 percent of the total
flight training hours under part 141 (21
hours), would be accomplished in an
aircraft, the necessary routine
mentioned by the commenter will be
provided during those lessons
performed while in flight.
In addition, the commenter stated that
‘‘[T]he consequences of training pilots
in ATDs is that they do not experience
the fear that accompanies real-life
emergencies, or the sensory inputs that
come with icing and thunderstorm
contact.’’ The FAA does not support
flight training that involves intentional
flight into dangerous weather
conditions. Rather, the FAA expects
pilots to purposely avoid icing 11 and
thunderstorm conditions 12 and be
taught to be proficient at doing so. In
contrast, ATDs allow training to
simulate inadvertent flight into these
adverse conditions that cannot be
accomplished safely in an aircraft. In an
ATD, students are afforded an
opportunity to practice recommended
actions when encountering these
undesirable weather conditions without
risk. There are many emergency
procedures that can be practiced in
ATDs that cannot be safely
accomplished in the aircraft. This
allows for training that students would
not otherwise receive and provides the
appropriate mitigation of risk without
diminishing the quality or depth of
training.
Finally, the commenter stated that
‘‘[f]light simulators are wonderful, but
very limited devices,’’ asserting that
simulators have increased reliance on
screens and autopilots and diminish the
pilot’s sense of being in charge. The
commenter disapproved of instructors
relying less on real world experience
10 FAA–H–8083–9A Flight Instructors Handbook
pg. 2–35.
11 AC 91–74A Pilot Guide: Flight in Icing
Conditions, Pilot Strategies pg. 42.
12 AIM Aeronautical Information Manual 7–1–29
Thunderstorm Flying.
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and that the industry at large puts costs
before safety. The FAA believes that
these comments reflect the commenter’s
concern about automation and advanced
avionics versus concern about
simulators. Despite the commenter’s
concern over automation and advanced
avionics, the FAA recognizes that use of
these systems has become commonplace
in general aviation aircraft. It is
therefore beneficial to teach the use of
these advanced systems in ATDs to
supplement training in the aircraft.
The second commenter provided
some support for the use of ATDs,
noting for example that the cockpit is
not a suitable classroom in which to
teach. The commenter also expressed
concerns that are not specific to ATDs,
such as communication skills, not
directly pertinent to the direct final rule
or to this proposed rule. However, the
commenter discussed whether training
flight students in an unrealistic world is
appropriate.
The FAA believes that ATDs are
specifically designed to replicate the
real world and help pilots to develop
their instrument skills in advance of
receiving training and experience in an
aircraft.13 The concerns raised by both
commenters are mitigated by the fact
that a substantial portion of the required
instrument time would still be
accomplished in an aircraft. Instrument
rating applicants would need to obtain
a minimum of 20 hours of instrument
time in an aircraft under part 61 or
complete a minimum of 60 percent of
the training requirements in an aircraft
under part 141.14 Additional scrutiny of
the pilot’s proficiency occurs before an
FAA examiner during a practical test
which must be conducted in an aircraft
in the national airspace system. The
FAA specifically notes that the airman
instrument practical test requires
demonstration of a specific level of
proficiency and expertise in flight, and
airman testing in ATDs is not
permitted.15
Recently documented research
concerning training effectiveness in
simulation devices that reflect modern
ATD systems is limited. The FAA notes
two studies related to ATDs that were
done in the past 20 years. The first
paper published in May of 2005 titled
‘‘Effectiveness of Flight Training
Devices Used for Instrument
13 AC 61–136A, FAA Approval of Aviation
Training Devices and Their Use for Training and
Experience.
14 An exception would still exist for those courses
that are approved under 14 CFR 141.55(d) and (e).
15 FAA–S–8081–4E, Instrument Rating Practical
Test Standards, Appendix 1.
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Training,’’ 16 referenced the use of an
Elite PCATD and a Frasca 141 Level 1
FTD. Students using these two trainers
generally completed their flight lessons
(i.e., those accomplished in an aircraft)
in less time. The overall findings
reported that flight training hours
required to develop basic instrument
flying skills (the report referenced
aircraft control, instrument departures,
en-route and approach procedures) was
reduced. Training hours required to
develop advanced skills, such as NDB
holds, approaches, and partial panel
procedures, were not necessarily
reduced. However, cross country flight
training time was reduced by up to 50
percent for some of these same
individuals.
The second research paper, ‘‘Transfer
of Training Effectiveness of Personal
Computer-Based Aviation Training
Devices,’’ 17 published in May 1997,
discusses the use of a PCATD trainer for
a two-semester instrument course.
Trainees that used the training device
were able to develop the proficiency to
perform some exercises in the aircraft
with a flight time savings of 15 percent
to 40 percent relative to those that did
not use the training device. However,
for some other exercises, a burden of an
extra 25 percent in flight time resulted
for those students that used the training
device.
The FAA believes that these earlier
studies are largely incomplete because
the training devices used in the
aforementioned studies do not reflect
the current capabilities and standards 18
required for AATDs as the FAA
approves them today. Most of these
older devices utilized in the available
studies lack the sophistication now
facilitated by more readily available
advanced computer system software and
hardware, including improved visuals/
databases, and the increased system
fidelity and replication that these newer
training systems take advantage of
today. The FAA also notes that with the
increased implementation of scenariobased training, ATDs are used more
16 Taylor, H.L., Talleur, D.A., Emanuel Jr., T.W.,
Rantaner, E., ‘‘Effectiveness of Flight Training
Devices Used for Instrument Training,’’ Final
Technical Report AHFD–05–9/FAA–05–4, Federal
Aviation Administration, May 2005. A copy of this
document has been placed in the docket for this
rulemaking.
17 Taylor, H.L., Lintern, G., Hulin, C.L., Talleur,
D., Emanuel, T., Phillips, S., ‘‘Transfer of Training
Effectiveness of Personal Computer-Based Aviation
Training Devices,’’ DOT/FAA/AM–97/11, Office of
Aviation Medicine, Washington, DC, May 1997. A
copy of this document has been placed in the
docket for this rulemaking.
18 AC 61–136 first published in July 2008
provided the standards used today for the approval
and use of ATD’s. This was recently revised in
December 2014.
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effectively than in the past. Therefore,
the FAA considers the results of these
findings somewhat inapplicable and, for
the reasons described above, believes
that the proposed regulatory change is
still in the best interest of aviation
safety. The FAA seeks comment
regarding any additional relevant data
or institutional research that supports
the training and safety advantages when
using ATDs, or establishes that such
devices do not enhance pilot training
and flight safety.
As of January 1, 2015, all LOAs issued
prior to August 23, 2013, for training
devices approved to meet requirements
under parts 61 and 141 terminated.19
This means that experience obtained in
these devices may no longer be credited
toward aeronautical experience or
currency requirements in parts 61 and
141 unless the FAA has issued an
updated LOA. Therefore, any FAAapproved ATDs being used to meet
current aeronautical experience
requirements have been demonstrated to
meet the updated standards for AATDs
set forth in AC 61–136 (as amended).
Devices that were approved beginning
August 23, 2013, were issued an LOA
with a 5-year expiration date. This will
ensure that the type of device meets
acceptable standards for use in crediting
aeronautical experience and currency.
Devices that do not meet the standard
for an AATD will either be issued an
LOA that approves the device as a
BATD (with lower time crediting
allowances as described in AC 61–136)
or will simply not be issued an LOA in
which case the device can be used as a
training aid, but not credited for
aeronautical experience.
In addition, current ATD approval
and use involves substantial FAA
scrutiny and oversight as provided in
the recently revised AC 61–136A, FAA
Approval of Aviation Training Devices
and Their Use for Training and
Experience. As noted above, this
includes a review for renewal of
approvals every five years, confirming
that these training devices continue to
perform to the updated standards. This
review is based on standards and
practices that combine over 30 years of
experience between the FAA and
industry.
B. View-Limiting Devices
Under § 61.51(g), a person may log
instrument time only for that flight time
when the person operates an aircraft
solely by reference to the instruments
under actual or simulated conditions.
When instrument time is logged in an
19 79 FR 20, Notice of Policy Change for the Use
of FAA Approved Training Devices.
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aircraft, a pilot wears a view-limiting
device to simulate instrument
conditions and ensure that he or she is
flying without utilizing outside visual
references. Currently, § 61.65(i) requires
a pilot who is logging instrument time
in an ATD to wear a view-limiting
device. The direct final rule would have
revised § 61.65(i)(4) to eliminate the
requirement that pilots accomplishing
instrument time in an ATD wear a viewlimiting device.
The purpose of a view-limiting device
is to prevent a pilot (while training in
an aircraft during flight) from having
outside visual references that would
naturally be present otherwise. These
references are not available in a training
device and a pilot has no opportunity to
look outside for any useful visual
references pertaining to the simulation.
The FAA recognizes that the majority of
these devices have a simulated visual
display that can be configured to be
unavailable or represent ‘‘limited
visibility’’ conditions that preclude any
need for a view-limiting device to be
worn by the student. This lack of visual
references requires the pilot to give his
or her full attention to the flight
instruments which is the goal of any
instrument training or experience. The
FAA believes that using a training
device can be useful because it trains
the pilot to focus on, appropriately scan
and interpret the flight instruments.
Since these devices incorporate a visual
system that can be configured to the
desired visibility level, use of a viewlimiting device would have no longer
been required by the direct final rule.
When the FAA introduced
§ 61.65(i)(4) requiring view-limiting
devices in the 2009 final rule, the
preamble was silent as to why a viewlimiting device was necessary. 74 FR
42500, 42523. Based on comments from
industry, the FAA has determined that
due to the sophistication of the flight
visual representation for ATDs and the
capability of presenting various weather
conditions appropriate to the training
scenario, a view-limiting device is
unnecessary. Because persons operating
an ATD can simulate both instrument
and visual conditions, FAA LOAs
specifically reference § 61.51 that
stipulates a pilot can only log
instrument time when using the flight
instruments for reference and
operation.20
Comments received: The FAA
received one comment in response to
this provision in the direct final rule.
The commenter believed that removing
20 AC
61–136A Appendix 4, Training Content and
Logging Provisions references limitations for
logging instrument time.
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the requirement for a student to wear a
view-limiting device while using an
ATD is a sensible decision. The
commenter believed that there is much
more benefit to be gained by the view
limiting features of the ATD itself than
by a view-limiting piece of headgear.
FAA Response: The FAA agrees that
it is unnecessary for a student to wear
a view-limiting device when using an
ATD. The FAA finds that this
requirement is not necessary because
ATDs do not afford relevant outside
references.
the current provisions in appendix C
which limit credit for training in FFSs,
FTDs, and ATDs, that if used in
combination, cannot exceed 50 percent
of the total flight training hour
requirements of an instrument rating
course.
In addition, the FAA is proposing to
amend § 141.41 to clarify the existing
qualification and approval requirement
for FSTDs and to add the qualification
and approval of ATDs by the FAA,
which is currently conducted pursuant
to § 61.4(c).
III. The Proposed Rule
After consideration of the comments
received to the direct final rule, the FAA
is proposing the following changes to 14
CFR parts 61 and 141. These changes
are the same as in the direct final rule,
79 FR 71634, (Dec. 3, 2014), withdrawn
at 80 FR 2001, (Jan. 15, 2015).
C. View-Limiting Device
A. Credit for the Aeronautical
Experience Requirements for an
Instrument Rating
The FAA is proposing to increase the
maximum time that may be credited in
an ATD toward the instrument time
requirements for an instrument rating
under § 61.65(i). A person would be
permitted to credit a maximum of 20
hours of instrument time in an approved
ATD toward the requirements for an
instrument rating.21 Devices that qualify
as AATDs would be authorized for up
to 20 hours of instrument time. Devices
that qualify as BATDs would be
authorized for a maximum of 10 hours
of instrument time. In light of this
difference, pilots must—as required by
current regulations—include in their
logbooks the type and identification of
any ATD that is used to accomplish
aeronautical experience requirements
for a certificate, rating, or recent flight
experience. 14 CFR 61.51(b)(1)(iv). The
FAA is retaining the existing limit of 20
hours of combined time in FFSs, FTDs,
and ATDs that may be credited towards
the aeronautical experience
requirements for an instrument rating.
B. Approved Instrument Rating Courses
The FAA is also proposing to amend
appendix C to part 141 to increase the
limit on the amount of training hours
that may be accomplished in an ATD in
an approved course for an instrument
rating. An ATD could be used for no
more than 40 percent of the total flight
training hour requirements in an
instrument rating course. The FAA
notes that this rule would not change
21 As required under § 61.51(g)(4), to log
instrument time in an ATD for the purpose of a
certificate or rating, an authorized instructor must
be present.
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The FAA is proposing to revise
§ 61.65(i)(4) to eliminate the
requirement that pilots accomplishing
instrument time in an ATD wear a viewlimiting device. The FAA emphasizes,
however, that a pilot—whether in an
aircraft, FFS, FTD, or ATD—may log
instrument time only when the pilot is
operating solely by reference to the
instruments under actual or simulated
conditions. If a pilot is using an ATD
and the device is providing visual
references upon which the pilot is
relying, this would not constitute
instrument time under § 61.51(g).
IV. Advisory Circulars and Other
Guidance Materials
To further implement this rule, the
FAA is proposing to revise the following
FAA Order:
FAA Order 8900.1, Flight Standards
Information Management System,
Volume 11, Chapter 10, Section 1,
(Basic and Advanced Aviation Training
Device) Approval and Authorized Use
under 14 CFR parts 61 and 141.
V. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Public Law 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Public Law 96–39) prohibits
agencies from setting standards that
create unnecessary obstacles to the
foreign commerce of the United States.
In developing U.S. standards, this Trade
Act requires agencies to consider
international standards and, where
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
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Mandates Reform Act of 1995 (Public
Law 104–4) requires agencies to prepare
a written assessment of the costs,
benefits, and other effects of proposed
or final rules that include a Federal
mandate likely to result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
annually (adjusted for inflation with
base year of 1995). This portion of the
preamble summarizes the FAA’s
analysis of the economic impacts of this
notice of proposed rulemaking.
In conducting these analyses, FAA
has determined that this proposed rule:
(1) Has benefits that justify its costs; (2)
is not an economically ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866; (3) is not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures; (4)
would not have a significant economic
impact on a substantial number of small
entities; (5) would not create
unnecessary obstacles to the foreign
commerce of the United States; and (6)
would not impose an unfunded
mandate on State, local, or tribal
governments, or on the private sector by
exceeding the threshold identified
above. These analyses are summarized
below.
Department of Transportation DOT
Order 2100.5 prescribes policies and
procedures for simplification, analysis,
and review of regulations. If the
expected cost impact is so minimal that
a proposed or final rule does not
warrant a full evaluation, this order
permits that a statement to that effect
and the basis for it be included in the
preamble if a full regulatory evaluation
of the costs and benefits is not prepared.
Such a determination has been made for
this notice of proposed rulemaking. The
reasoning for this determination
follows:
The provisions included in this rule
are either relieving or voluntary. The
elimination of the requirement to use a
view-limiting device is a relieving
provision. The other two provisions are
voluntary and cost relieving—additional
ATD credit for instrument time for an
instrument rating and additional ATD
credit for approved instrument courses,
if acted upon, is cheaper than flight
training time.
Persons who use the new provisions
would do so only if the benefit they
would accrue from their use exceeded
the costs they might incur to comply.
Given the hundreds of LOAs issued,
industry’s high usage of ATDs, and
SAFE and AOPA’s endorsement of
ATDs, the proposed change in
requirements is likely to be relieving.
Benefits will exceed the costs of a
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voluntary rule if just one person
voluntarily complies.
Since this proposed rule would offer
a lower cost alternative, would provide
regulatory relief for the use of viewlimiting devices, and would allow
greater voluntary use of ATDs, the
expected outcome would be cost
relieving to minimal impact with
positive net benefits.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Public Law 96–354) (RFA) establishes
‘‘as a principle of regulatory issuance
that agencies shall endeavor, consistent
with the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation. To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
However, if an agency determines that
a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
Most of the parties affected by this
rule would be small businesses such as
flight instructors, aviation schools, and
fixed base operators. The general lack of
publicly available financial information
from these small businesses precludes a
financial analysis of these small
businesses. While there is likely a
substantial number of small entities
affected, the provisions of this proposed
rule are either relieving (directly
provides cost relief) or voluntary
(provides benefits or costs only if a
person voluntarily chooses to use the
rule provision). The FAA made the
same determination as part of the direct
final rule and received no comments.
If an agency determines that a
rulemaking will not result in a
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significant economic impact on a
substantial number of small entities, the
head of the agency may so certify under
section 605(b) of the RFA. Therefore, as
provided in section 605(b), the head of
the FAA certifies that this rulemaking
would not result in a significant
economic impact on a substantial
number of small entities.
C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Public Law 96–39), as amended by the
Uruguay Round Agreements Act (Public
Law 103–465), prohibits Federal
agencies from establishing standards or
engaging in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
The FAA has assessed the potential
effect of this proposed rule and
determined that it would have only a
domestic impact and therefore would
not create unnecessary obstacles to the
foreign commerce of the United States.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Public Law 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$151.0 million in lieu of $100 million.
This proposed rule does not contain
such a mandate. Therefore, the
requirements of Title II of the Act do not
apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. The
FAA has determined that there is no
new requirement for information
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collection associated with this proposed
rule.
F. International Compatibility and
Cooperation
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has reviewed the corresponding ICAO
Standards and Recommended Practices
and has identified no differences with
these regulations.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312f and involves no
extraordinary circumstances.
VI. Executive Order Determinations
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A. Executive Order 13132, Federalism
The FAA has analyzed this rule under
the principles and criteria of Executive
Order 13132, Federalism. The agency
has determined that this action would
not have a substantial direct effect on
the States, or the relationship between
the Federal Government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, and, therefore,
would not have Federalism
implications.
B. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it would not
be a ‘‘significant energy action’’ under
the executive order and would not be
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
C. Executive Order 13609, Promoting
International Regulatory Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
(77 FR 26413, May 4, 2012) promotes
international regulatory cooperation to
meet shared challenges involving
health, safety, labor, security,
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environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
VII. Additional Information
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
impacts that might result from adopting
this document. The most helpful
comments reference a specific portion of
the rule, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this rulemaking. Before acting on this
proposed rule, the FAA will consider all
comments it receives on or before the
closing date for comments. The agency
may change this rule in light of the
comments it receives.
Proprietary or Confidential Business
Information: Commenters should not
file proprietary or confidential business
information in the docket. Such
information must be sent or delivered
directly to the person identified in the
FOR FURTHER INFORMATION CONTACT
section of this document, and marked as
proprietary or confidential. If submitting
information on a disk or CD ROM, mark
the outside of the disk or CD ROM, and
identify electronically within the disk or
CD ROM the specific information that is
proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is
aware of proprietary information filed
with a comment, the agency does not
place it in the docket. It is held in a
separate file to which the public does
not have access, and the FAA places a
note in the docket that it has received
it. If the FAA receives a request to
examine or copy this information, it
treats it as any other request under the
Freedom of Information Act (5 U.S.C.
552). The FAA processes such a request
under Department of Transportation
procedures found in 49 CFR part 7.
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B. Availability of Rulemaking
Documents
An electronic copy of rulemaking
documents may be obtained from the
Internet by—
• Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
• Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies, or
• Accessing the Government Printing
Office’s Web page at https://
www.fdsys.gov.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW., Washington, DC 20591, or
by calling (202) 267–9677. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the Internet through the Federal
eRulemaking Portal referenced above.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation safety,
Teachers.
14 CFR Part 141
Airmen, Educational facilities,
Reporting and recordkeeping
requirements, Schools.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend chapter I of title 14,
Code of Federal Regulations as follows:
PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 45102–
45103, 45301–45302.
2. Amend § 61.65 by revising
paragraph (i) and adding paragraph (j) to
read as follows:
■
§ 61.65
Instrument rating requirements.
*
*
*
*
*
(i) Use of an aviation training device.
A maximum of 20 hours of instrument
time received in an aviation training
device may be credited for the
instrument time requirements of this
section if—
(1) The device is approved and
authorized by the FAA;
(2) An authorized instructor provides
the instrument time in the device; and
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34346
Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules
(3) The FAA approved the instrument
training and instrument tasks performed
in the device.
(j) A person may not credit more than
20 total hours of instrument time in a
flight simulator, flight training device,
aviation training device, or combination
toward the instrument time
requirements of this section.
PART 141—PILOT SCHOOLS
3. The authority citation for part 141
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709, 44711, 45102–
45103, 45301–45302.
■
4. Revise § 141.41 to read as follows:
§ 141.41 Flight simulators, flight training
devices, aviation training devices, and
training aids.
An applicant for a pilot school
certificate or a provisional pilot school
certificate must show that its flight
simulators, flight training devices,
aviation training devices, training aids,
and equipment meet the following
requirements:
(a) Flight simulators and flight
training devices. Each flight simulator
and flight training device used to obtain
flight training credit in an approved
pilot training course curriculum must
be:
(1) Qualified under part 60 of this
chapter; and
(2) Approved by the Administrator for
the tasks and maneuvers.
(b) Aviation training devices. Each
aviation training device used to obtain
flight training credit in an approved
pilot training course curriculum must be
evaluated, qualified, and approved by
the Administrator.
(c) Training aids and equipment. Each
training aid, including any audiovisual
aid, projector, mockup, chart, or aircraft
component listed in the approved
training course outline, must be
accurate and relevant to the course for
which it is used.
■ 5. Amend Appendix C to part 141 by
revising paragraph (b) in section 4 to
read as follows:
Appendix C to Part 141—Instrument
Rating Course
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
*
*
*
*
*
4. Flight training. * * *
(b) For the use of flight simulators, flight
training devices, or aviation training
devices—
(1) The course may include training in a
flight simulator, flight training device, or
aviation training device, provided it is
representative of the aircraft for which the
course is approved, meets the requirements
of this paragraph, and the training is given
by an authorized instructor.
VerDate Sep<11>2014
16:44 Jun 15, 2015
Jkt 235001
(2) Credit for training in a flight simulator
that meets the requirements of § 141.41(a)
cannot exceed 50 percent of the total flight
training hour requirements of the course or
of this section, whichever is less.
(3) Credit for training in a flight training
device that meets the requirements of
§ 141.41(a), an aviation training device that
meets the requirements of § 141.41(b), or a
combination of these devices cannot exceed
40 percent of the total flight training hour
requirements of the course or of this section,
whichever is less.
(4) Credit for training in flight simulators,
flight training devices, and aviation training
devices if used in combination, cannot
exceed 50 percent of the total flight training
hour requirements of the course or of this
section, whichever is less. However, credit
for training in a flight training device or
aviation training device cannot exceed the
limitation provided for in paragraph (b)(3) of
this section.
*
*
*
*
*
Issued in Washington, DC, under the
authority of 49 U.S.C. 106(f), 44701(a)(5), and
44703(a), on June 10, 2015.
Michael J. Zenkovich,
Acting Director Flight Standards Service.
[FR Doc. 2015–14836 Filed 6–15–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No.: FAA–2015–2147; Notice No.
15–05]
RIN 2120–AK51
Transponder Requirement for Gliders
Federal Aviation
Administration (FAA), DOT.
ACTION: Advance Notice of Proposed
Rulemaking (ANPRM).
AGENCY:
The FAA requests public
comment on removal of the current
transponder exception for gliders. This
action responds to recommendations
from members of Congress and the
National Transportation Safety Board.
The purpose of this action is to gather
information to determine whether the
current glider exception—from
transponder equipment and use
requirements—provides the appropriate
level of safety in the National Airspace
System. The FAA will use the
information gathered from this action to
determine whether additional
transponder equipment and use
requirements are necessary for gliders
operating in the excepted areas.
DATES: Send comments on or before
August 17, 2015.
SUMMARY:
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
Send comments identified
by docket number FAA–2015–2147
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Jon M. Stowe, Airspace
Regulations Team, AJV–113, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–8783; email jon.m.stowe@faa.gov.
For legal questions concerning this
action, contact Anne Moore, Office of
the Chief Counsel, AGC–220, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–3073; email Anne.Moore@faa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Comments Invited
See the ‘‘Additional Information’’
section for information on how to
comment on this advance notice of
proposed rulemaking (ANPRM) and
how the FAA will handle comments
received. The ‘‘Additional Information’’
section also contains related
information about the docket, privacy,
E:\FR\FM\16JNP1.SGM
16JNP1
Agencies
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Proposed Rules]
[Pages 34338-34346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14836]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 141
[Docket No.: FAA-2015-1846; Notice No. 15-03]
RIN 2120-AK71
Aviation Training Device Credit for Pilot Certification
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This rulemaking proposes to relieve burdens on pilots seeking
to obtain aeronautical experience, training, and certification by
increasing the allowed use of aviation training devices. These actions
are necessary to bring the regulations in line with current needs and
activities of the general aviation training community and pilots.
DATES: Send comments on or before July 16, 2015.
ADDRESSES: Send comments identified by docket number FAA-2015-1846
using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Marcel Bernard, Airmen Certification and Training
Branch, Flight Standards Service, AFS-810, Federal Aviation
Administration, 898 Airport Park Road, Suite 204, Glen Burnie, MD
21061; telephone: (410) 590-5364 x235 email marcel.bernard@faa.gov.
For legal questions concerning this action, contact Anne Moore,
Regulations Division, Office of the Chief Counsel, AGC-200, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-3073; email anne.moore@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires
the Administrator to promote safe flight of civil aircraft in air
commerce by prescribing regulations and setting minimum standards for
other practices, methods, and procedures necessary for safety in air
commerce and national security; and 49 U.S.C. 44703(a), which
[[Page 34339]]
requires the Administrator to prescribe regulations for the issuance of
airman certificates when the Administrator finds, after investigation,
that an individual is qualified for, and physically able to perform the
duties related to, the position authorized by the certificate.
I. Background
Since the 1970s, the FAA has gradually expanded the permitted 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 airman certification and recency. Currently, Title 14
of the Code of Federal Regulations (14 CFR) part 60 governs the
qualification of flight simulation training devices (FSTDs), which
include full flight simulators (FFSs) level A through D and flight
training devices (FTDs) levels 4 through 7. The FAA has, however,
approved other devices, including aviation training devices (ATDs), for
use in pilot certification training, under the authority provided in 14
CFR 61.4(c).\1\
---------------------------------------------------------------------------
\1\ Section 61.4(c) states that the ``Administrator may approve
a device other than a flight simulator or flight training device for
specific purposes.''
---------------------------------------------------------------------------
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 (ACs) that set forth the qualifications and capabilities for
the devices. Prior to 2008, most LOAs were issued under the guidance
provided in AC 61-126, Qualification and Approval of Personal Computer-
Based Aviation Training Devices, and AC 120-45, Airplane Flight
Training Device Qualification. Starting in July of 2008, the FAA
approved devices in accordance with AC 61-136, FAA Approval of Basic
Aviation Training Devices (BATD) and Advanced Aviation Training Devices
(AATD). More recently, on December 3, 2014, the FAA published a
revision to AC 61-136A, Approval of Aviation Training Devices and Their
Use for Training and Experience.
In 2009, the FAA issued a final rule that for the first time
introduced the term ``aviation training device'' into the regulations
and placed express limits on the amount of instrument time in an ATD
that could be credited toward the aeronautical experience requirements
for an instrument rating.\2\
---------------------------------------------------------------------------
\2\ In a 2007 NPRM, the FAA proposed to limit the time in a
personal computer-based aviation training device that could be
credited toward the instrument rating. Pilot, Flight Instructor, and
Pilot School Certification NPRM, 72 FR 5806 (February 7, 2007).
Three commenters recommended that the FAA use the terms ``basic
aviation training device'' (BATD) and ``advanced aviation training
device'' (AATD). Pilot, Flight Instructor, and Pilot School
Certification Final Rule, 74 FR 42500 (August 21, 2009) (``2009
Final Rule''). In response to the commenters, the FAA changed the
regulatory text in the final rule to ``aviation training device,''
noting BATDs and AATDs ``as being aviation training devices (ATD)
are defined'' in an advisory circular.
---------------------------------------------------------------------------
Since the 2009 final rule, Sec. 61.65(i) has provided that no more
than 10 hours of instrument time received in an ATD may be credited
toward the instrument time requirements of that section. In addition,
appendix C to part 141 permits an ATD to be used for no more than 10
percent of the total flight training hour requirements of an approved
course for an instrument rating.
Prior to the 2009 final rule, the FAA had issued hundreds of LOAs
to manufacturers of devices that permitted some ATDs (as well as ground
trainers, and FTDs (levels 1 through 3)) to be used to a greater extent
than was ultimately set forth in the regulations. The FAA continued to
issue LOAs for AATDs in excess of the express limitations in the
regulations after the publication of the 2009 final rule.
On January 2, 2014, the FAA published a notice of policy requiring
manufacturers of ATDs to obtain new LOAs reflecting the appropriate
regulatory allowances for ATD use. 79 FR 20.\3\ The notice stated the
FAA's conclusion that it could not use LOAs to exceed express
limitations that had been placed in the regulations through notice and
comment rulemaking. The FAA noted that, since August 2013, LOAs issued
for new devices reflect current regulatory requirements. However,
manufacturers and operators who held LOAs issued prior to August 2013
acted in reliance on FAA statements that were inconsistent with the
regulations. Therefore, the FAA granted 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 creditable hours. This short-term exemption was
intended to provide an interim period to transition the LOAs for all
previously approved devices in accordance with the new policy. The FAA
found the exemption to be in the public interest in order to prevent
undue harm caused by reasonable reliance on the LOAs.
---------------------------------------------------------------------------
\3\ ``Notice of Policy Change for the Use of FAA Approved
Training Devices,'' January 2, 2014.
---------------------------------------------------------------------------
As stated in the notice, this short term exemption expired on
January 1, 2015. The FAA explained that after that date, no applicant
training for an instrument rating under part 61 may use more than 10
hours of instrument time in an ATD toward the minimum aeronautical
experience requirements required to take the practical test for an
instrument rating.\4\ In addition, no instrument rating course approved
under appendix C to part 141 may credit more than 10 percent of
training in ATDs toward the total flight training hour requirements of
the course (unless that program has been approved in accordance with
Sec. 141.55(d) or (e)).\5\
---------------------------------------------------------------------------
\4\ Under Sec. 61.65, a person who applies for an instrument
rating must have completed 40 hours of actual or simulated
instrument time of which 15 hours must have been with an authorized
instructor who holds the appropriate instrument rating.
\5\ Under appendix C, each approved course for an instrument
rating must include 35 hours of instrument training for an initial
instrument rating or 15 hours of instrument training for an
additional instrument rating.
---------------------------------------------------------------------------
To address the discrepancy between the level of ATD credit allowed
historically by LOA and the lower allowances placed in the regulations,
the FAA published a direct final rule that would have amended the
regulations governing the use of ATDs.\6\ The direct final rule would
have increased the use of these devices for instrument training
requirements above the levels established in the 2009 final rule. In
developing this direct final rule, the FAA noted that ATD development
has advanced to an impressive level of capability. Many ATDs can
simulate weather conditions with variable winds, variable ceilings and
visibility, icing, turbulence, high definition (HD) visuals, hundreds
of different equipment failure scenarios, navigation specific to
current charts and topography, specific navigation and communication
equipment use, variable ``aircraft specific'' performance, and more.
The visual and motion component of some of these devices permit
maneuvers that require outside visual references in an aircraft to be
successfully taught in an AATD. Many of these simulation capabilities
were not possible in previously approved devices (such as PCATDs).
---------------------------------------------------------------------------
\6\ 79 FR 71634, December 3, 2014, withdrawn at 80 FR 2001,
January 15, 2015 (RIN 2120-AK62).
---------------------------------------------------------------------------
In the direct final rule, the FAA stated its belief that permitting
pilots to log increased time in ATDs would encourage pilots to practice
maneuvers until they are performed to an acceptable level of
proficiency. In an
[[Page 34340]]
ATD, a pilot can replay the training scenario, identify any improper
action, practice abnormal/emergency procedures, and determine
corrective actions without undue hazard or risk to persons or property.
In this fashion, a pilot can continue to practice tasks and maneuvers
in a safe, effective, and cost efficient means of maintaining
proficiency.
II. The Direct Final Rule
As described in the previous section, to address the discrepancy
between FAA regulations and prior policy, on December 3, 2014, the FAA
published a direct final rule that would have increased the allowed use
of ATDs. The FAA received 20 comments to the direct final rule.\7\ The
provisions of the direct final rule, the comments received, and FAA's
responses to those comments are discussed below.
---------------------------------------------------------------------------
\7\ The direct final rule and the comments received thereto may
be found in FAA Docket No. FAA-2014-0987 at https://www.regulations.gov.
---------------------------------------------------------------------------
A. Credit for Aeronautical Experience Requirements for an Instrument
Rating and Approved Instrument Rating Courses
Credit for aeronautical experience requirements for an instrument
rating: The direct final rule would have increased the maximum time
that may be credited in an ATD toward the aeronautical experience
requirements for an instrument rating under Sec. 61.65(i). The direct
final rule would have permitted a person to credit a maximum of 20
hours of aeronautical experience acquired in an approved ATD toward the
requirements for an instrument rating. Devices that qualify as AATDs
would have been authorized for up to 20 hours of experience to meet the
instrument time requirements. Devices that qualify as BATDs would have
been authorized for a maximum of 10 hours of experience to meet the
instrument time requirements.
Approved instrument rating courses: The direct final rule also
would have amended appendix C to part 141 to increase the limit on the
amount of training hours that may be accomplished in an ATD in an
approved course for an instrument rating. An ATD would have been
permitted to be used for no more than 40 percent of the total flight
training hour requirements in an approved instrument rating course.
Comments received: The FAA received 20 comments regarding these
provisions. Eighteen comments supported the provisions. However, two
commenters raised concerns. As those comments were adverse to the
direct final rule, the FAA was required to withdraw the direct final
rule, 80 FR 2001, (Jan. 15, 2015). 14 CFR 11.13. The comments and FAA's
responses are discussed below.
Comments supporting the direct final rule: Eighteen comments
supported the direct final rule provisions with 16 comments from
individuals, and two from the Society of Aviation and Flight Educators
(SAFE) and the Aircraft Owners and Pilots Association (AOPA).
Nine commenters simply stated their general support. Several other
commenters noted that use of ATDs would save pilots time and money. The
FAA notes that none of those commenters provided quantified estimates
regarding time or cost savings.
One commenter asserted that the ability to simulate a wide variety
of situations or to drill procedures through repetition in an ATD is
far greater than in the actual aircraft. The commenter believed that
the ATD learning environment is less stressful, less noisy, and less
unpredictable, thus making it a better classroom to learn detailed
instrument procedures.
Another commenter asserted that the rule provisions would enhance
safety by allowing more pilots to add instrument ratings to their
certificates. The commenter believed that the rule provisions would
potentially reduce controlled flight into terrain accidents because
pilots would be more likely to have a higher level of proficiency in
controlling solely by reference to the instruments.
One commenter expressed a desire that the same principles applied
to required instrument experience under 14 CFR 61.57. The FAA notes
that this comment is beyond the scope of this rulemaking.
Adverse comments: The FAA received two adverse comments regarding
these provisions. The first commenter, who indicated he is a
professional pilot, airline transport pilot, and flight instructor with
multiple ratings (airplane multiengine, airplane single-engine, and
instrument-airplane), believed that flight requires the use and
correlation of all senses in order to make a lasting impression. The
commenter believed the fundamentals of instructing agrees with this
position. More importantly, the commenter believed that acclimation to
instrument meteorological conditions helps pilots relate these various
inputs and strategies to deal with them. The commenter asserted that
ATDs are valuable as procedure trainers, but not as valuable as
``everyone seems to think. The rapid redeployment of a situation seems
like an advantage, yet it diminishes the learning because it seems so
easy to recover from a botched maneuver.'' The commenter also asserted
that resetting the situation diminishes the ``routine'' that a pilot
relies on to take him or her to a specific place, which interferes
greatly with the learning of each step.
The commenter also believed that no amount of graphic imagery or
display setup, even in full motion simulators, ever causes a pilot to
lose consciousness of the fact that it is a simulator. The commenter
asserted that flight simulators are wonderful, but very limited
devices. Instead of increasing a pilot's skill, however, they have come
between real-world flying and desktop flying. The commenter stated that
they have increased reliance on screens and autopilots and diminished
the pilot's sense of being in charge of the aircraft and the flight.
Stalls, thunderstorms, and icing are the greatest dangers, yet ATDs
cannot depict these accurately or realistically.
Finally, the commenter noted the belief that the industry at large
always diminishes the importance of safety and increases the importance
of costs whenever training requirements are considered. The commenter
believed one hour in any aircraft is worth ten in front of an ATD. The
commenter stated, ``The cost of a lost aircraft and all its crew is not
worth the imagined savings gained from flying imaginary aircraft in
imaginary environments.''
The second commenter, who is or was, a flight instructor with an
instrument rating and an air traffic controller, questioned whether
flight students should be trained and live in an unrealistic world. The
commenter believed that training in the classroom environment and in
labs was an excellent preparatory environment, but nothing like the
realities of real life. While the commenter ``highly recommend[ed]''
the use of such devices, the commenter cautioned the direct final rule
included too much of a reduction. The commenter advised: ``Proceed with
appropriate caution and understand the risk involved.''
Public comments responding to the adverse comments: SAFE submitted
a comment in response to the first adverse comment received. SAFE noted
that microprocessor developments over the past several years have
resulted in a new generation of increasingly affordable mid and upper
level devices which replicate sensory inputs with an incredible degree
of accuracy and which are becoming commonplace in the training market.
SAFE stated that ATDs can provide the student with excellent
opportunities to focus on learning the correct procedures for
situations such as
[[Page 34341]]
nighttime operations, narrow or sloping runways, glassy water, and
instrument meteorological conditions without interference from
conflicting or adverse sensory inputs before being exposed to them in
the live flight environment where confusion can occur between the body
and the brain until training and experience overcome the sensory input.
SAFE claimed that ``Peer reviewed research conclusively shows that
when properly utilized as part of a comprehensive training program
[training] devices actually speed up the learning process by allowing
students to bypass areas of successful understanding and to concentrate
on areas where more practice is required. . . . Specific research by
the military and major airlines show that these devices can
consistently enhance student retention of lesson material, increase
student confidence levels, and reduce accident and loss rates.'' The
FAA notes that SAFE did not provide sources for these claims.
SAFE further asserted that ATDs have proven very effective in
simulating certain emergencies too dangerous to practice in the air.
This practice builds pilot confidence in being prepared to handle such
situations should they occur. SAFE also asserted that current military
and civilian research shows a positive relationship between ATD use and
safer flying. SAFE did not provide research or source citations to
support these assertions.
Finally, SAFE noted that one of the key factors in today's extreme
dropout rate in flight training is the ``very high cost.'' SAFE stated
``[W]e must find a way to contain the training costs without
sacrificing safety or operation utility. ATDs, properly utilized, are a
modern component in achieving this.''
AOPA also supported the rule with the following statement and
stated that the FAA should ``continue to permit the flight training
industry to maximize the use of aviation training devices (ATDs) for
instrument flight training in order to certificate safe competent
pilots in a structured and economical way.'' AOPA also provided
discussion concerning the adverse comments received and suggested why
they should be considered without substance and not adverse within the
context of the direct final rulemaking process.
FAA Response: The FAA agrees with the commenters who support
increased training time in ATDs, including the comments related to the
dynamic training capability of these devices, cost savings, and recent
technical advancements that enhance the usability of ATDs.
To the extent that an adverse commenter asserted that flying must
involve a ``correlation of all senses'' and that ``sounds and feel are
vital to recognizing unusual attitudes'' when other senses fail, the
FAA disagrees concerning positive aircraft control skills and has
provided extensive guidance on this topic in the Instrument Flying
Handbook (FAA-H-8083-15B).\8\ In particular, the Handbook advises that
pilots should disregard sensory perceptions and ``[m]ost importantly,
become proficient in the use of the flight instruments and rely upon
them.'' The Handbook further states ``[t]hese undesirable sensations
cannot be completely prevented, but through training and awareness,
pilots can ignore or suppress them by developing absolute reliance on
the flight instruments.'' \9\
---------------------------------------------------------------------------
\8\ https://www.faa.gov/regulations_policies/handbooks_manuals/aviation/.
\9\ FAA-H-8083-15B Instrument Flying Handbook updated 7/2/2014
pg. 3-9.
---------------------------------------------------------------------------
The FAA believes that training in ATDs and FSTDs, when used in
conjunction with training in an aircraft, teach an instrument student
to trust the appropriate sense, vision, in order to successfully
operate an aircraft in low visibility conditions. Training in an ATD
reinforces this necessary skill and any reliance on ``sounds or feel''
may ultimately lead to loss of control when operating an aircraft in
instrument meteorological conditions. Because ignoring the postural
senses involves relying on visual clues, the ATD provides an excellent
platform for a pilot to develop this portion of his or her instrument
flying skills. The FAA recognizes that a device does not require motion
in order to be approved as an AATD; thus, these devices are limited in
that they cannot completely train the pilot to ignore outside sensory
perceptions. The FAA finds that a pilot can develop this ability during
the aeronautical experience that an applicant for an instrument rating
must obtain in an aircraft.
The same commenter also discussed the capability of an aviation
training device to ``[reset] the situation.'' The commenter suggested
that this capability makes it too easy to recover from an
unsatisfactory maneuver by simply returning to a previous location
during the simulated flight. The commenter explained that this
diminishes the routine that a pilot relies on during flight. The FAA
does not agree and finds significant value in the ability of the device
to be reconfigured to return to a point at which the pilot is having
difficulty with a particular procedure or maneuver. This will allow the
pilot to practice the corrective action until able to successfully
complete the procedure or maneuver. This feature allows repetitive
practice of a difficult procedure in a short period of time that could
potentially add hours of training if accomplished in an aircraft.
Additionally, simulation supports the long-endorsed teaching practice
of ``meaningful repetition.'' \10\ More practice in an aviation
training device until a pilot performs a particular segment of a
procedure or action correctly, before attempting the same in an
aircraft, is an acceptable and desirable practice. Because half of the
required instrument time under part 61 (20 hours), or 60 percent of the
total flight training hours under part 141 (21 hours), would be
accomplished in an aircraft, the necessary routine mentioned by the
commenter will be provided during those lessons performed while in
flight.
---------------------------------------------------------------------------
\10\ FAA-H-8083-9A Flight Instructors Handbook pg. 2-35.
---------------------------------------------------------------------------
In addition, the commenter stated that ``[T]he consequences of
training pilots in ATDs is that they do not experience the fear that
accompanies real-life emergencies, or the sensory inputs that come with
icing and thunderstorm contact.'' The FAA does not support flight
training that involves intentional flight into dangerous weather
conditions. Rather, the FAA expects pilots to purposely avoid icing
\11\ and thunderstorm conditions \12\ and be taught to be proficient at
doing so. In contrast, ATDs allow training to simulate inadvertent
flight into these adverse conditions that cannot be accomplished safely
in an aircraft. In an ATD, students are afforded an opportunity to
practice recommended actions when encountering these undesirable
weather conditions without risk. There are many emergency procedures
that can be practiced in ATDs that cannot be safely accomplished in the
aircraft. This allows for training that students would not otherwise
receive and provides the appropriate mitigation of risk without
diminishing the quality or depth of training.
---------------------------------------------------------------------------
\11\ AC 91-74A Pilot Guide: Flight in Icing Conditions, Pilot
Strategies pg. 42.
\12\ AIM Aeronautical Information Manual 7-1-29 Thunderstorm
Flying.
---------------------------------------------------------------------------
Finally, the commenter stated that ``[f]light simulators are
wonderful, but very limited devices,'' asserting that simulators have
increased reliance on screens and autopilots and diminish the pilot's
sense of being in charge. The commenter disapproved of instructors
relying less on real world experience
[[Page 34342]]
and that the industry at large puts costs before safety. The FAA
believes that these comments reflect the commenter's concern about
automation and advanced avionics versus concern about simulators.
Despite the commenter's concern over automation and advanced avionics,
the FAA recognizes that use of these systems has become commonplace in
general aviation aircraft. It is therefore beneficial to teach the use
of these advanced systems in ATDs to supplement training in the
aircraft.
The second commenter provided some support for the use of ATDs,
noting for example that the cockpit is not a suitable classroom in
which to teach. The commenter also expressed concerns that are not
specific to ATDs, such as communication skills, not directly pertinent
to the direct final rule or to this proposed rule. However, the
commenter discussed whether training flight students in an unrealistic
world is appropriate.
The FAA believes that ATDs are specifically designed to replicate
the real world and help pilots to develop their instrument skills in
advance of receiving training and experience in an aircraft.\13\ The
concerns raised by both commenters are mitigated by the fact that a
substantial portion of the required instrument time would still be
accomplished in an aircraft. Instrument rating applicants would need to
obtain a minimum of 20 hours of instrument time in an aircraft under
part 61 or complete a minimum of 60 percent of the training
requirements in an aircraft under part 141.\14\ Additional scrutiny of
the pilot's proficiency occurs before an FAA examiner during a
practical test which must be conducted in an aircraft in the national
airspace system. The FAA specifically notes that the airman instrument
practical test requires demonstration of a specific level of
proficiency and expertise in flight, and airman testing in ATDs is not
permitted.\15\
---------------------------------------------------------------------------
\13\ AC 61-136A, FAA Approval of Aviation Training Devices and
Their Use for Training and Experience.
\14\ An exception would still exist for those courses that are
approved under 14 CFR 141.55(d) and (e).
\15\ FAA-S-8081-4E, Instrument Rating Practical Test Standards,
Appendix 1.
---------------------------------------------------------------------------
Recently documented research concerning training effectiveness in
simulation devices that reflect modern ATD systems is limited. The FAA
notes two studies related to ATDs that were done in the past 20 years.
The first paper published in May of 2005 titled ``Effectiveness of
Flight Training Devices Used for Instrument Training,'' \16\ referenced
the use of an Elite PCATD and a Frasca 141 Level 1 FTD. Students using
these two trainers generally completed their flight lessons (i.e.,
those accomplished in an aircraft) in less time. The overall findings
reported that flight training hours required to develop basic
instrument flying skills (the report referenced aircraft control,
instrument departures, en-route and approach procedures) was reduced.
Training hours required to develop advanced skills, such as NDB holds,
approaches, and partial panel procedures, were not necessarily reduced.
However, cross country flight training time was reduced by up to 50
percent for some of these same individuals.
---------------------------------------------------------------------------
\16\ Taylor, H.L., Talleur, D.A., Emanuel Jr., T.W., Rantaner,
E., ``Effectiveness of Flight Training Devices Used for Instrument
Training,'' Final Technical Report AHFD-05-9/FAA-05-4, Federal
Aviation Administration, May 2005. A copy of this document has been
placed in the docket for this rulemaking.
---------------------------------------------------------------------------
The second research paper, ``Transfer of Training Effectiveness of
Personal Computer-Based Aviation Training Devices,'' \17\ published in
May 1997, discusses the use of a PCATD trainer for a two-semester
instrument course. Trainees that used the training device were able to
develop the proficiency to perform some exercises in the aircraft with
a flight time savings of 15 percent to 40 percent relative to those
that did not use the training device. However, for some other
exercises, a burden of an extra 25 percent in flight time resulted for
those students that used the training device.
---------------------------------------------------------------------------
\17\ Taylor, H.L., Lintern, G., Hulin, C.L., Talleur, D.,
Emanuel, T., Phillips, S., ``Transfer of Training Effectiveness of
Personal Computer-Based Aviation Training Devices,'' DOT/FAA/AM-97/
11, Office of Aviation Medicine, Washington, DC, May 1997. A copy of
this document has been placed in the docket for this rulemaking.
---------------------------------------------------------------------------
The FAA believes that these earlier studies are largely incomplete
because the training devices used in the aforementioned studies do not
reflect the current capabilities and standards \18\ required for AATDs
as the FAA approves them today. Most of these older devices utilized in
the available studies lack the sophistication now facilitated by more
readily available advanced computer system software and hardware,
including improved visuals/databases, and the increased system fidelity
and replication that these newer training systems take advantage of
today. The FAA also notes that with the increased implementation of
scenario-based training, ATDs are used more effectively than in the
past. Therefore, the FAA considers the results of these findings
somewhat inapplicable and, for the reasons described above, believes
that the proposed regulatory change is still in the best interest of
aviation safety. The FAA seeks comment regarding any additional
relevant data or institutional research that supports the training and
safety advantages when using ATDs, or establishes that such devices do
not enhance pilot training and flight safety.
---------------------------------------------------------------------------
\18\ AC 61-136 first published in July 2008 provided the
standards used today for the approval and use of ATD's. This was
recently revised in December 2014.
---------------------------------------------------------------------------
As of January 1, 2015, all LOAs issued prior to August 23, 2013,
for training devices approved to meet requirements under parts 61 and
141 terminated.\19\ This means that experience obtained in these
devices may no longer be credited toward aeronautical experience or
currency requirements in parts 61 and 141 unless the FAA has issued an
updated LOA. Therefore, any FAA-approved ATDs being used to meet
current aeronautical experience requirements have been demonstrated to
meet the updated standards for AATDs set forth in AC 61-136 (as
amended). Devices that were approved beginning August 23, 2013, were
issued an LOA with a 5-year expiration date. This will ensure that the
type of device meets acceptable standards for use in crediting
aeronautical experience and currency. Devices that do not meet the
standard for an AATD will either be issued an LOA that approves the
device as a BATD (with lower time crediting allowances as described in
AC 61-136) or will simply not be issued an LOA in which case the device
can be used as a training aid, but not credited for aeronautical
experience.
---------------------------------------------------------------------------
\19\ 79 FR 20, Notice of Policy Change for the Use of FAA
Approved Training Devices.
---------------------------------------------------------------------------
In addition, current ATD approval and use involves substantial FAA
scrutiny and oversight as provided in the recently revised AC 61-136A,
FAA Approval of Aviation Training Devices and Their Use for Training
and Experience. As noted above, this includes a review for renewal of
approvals every five years, confirming that these training devices
continue to perform to the updated standards. This review is based on
standards and practices that combine over 30 years of experience
between the FAA and industry.
B. View-Limiting Devices
Under Sec. 61.51(g), a person may log instrument time only for
that flight time when the person operates an aircraft solely by
reference to the instruments under actual or simulated conditions. When
instrument time is logged in an
[[Page 34343]]
aircraft, a pilot wears a view-limiting device to simulate instrument
conditions and ensure that he or she is flying without utilizing
outside visual references. Currently, Sec. 61.65(i) requires a pilot
who is logging instrument time in an ATD to wear a view-limiting
device. The direct final rule would have revised Sec. 61.65(i)(4) to
eliminate the requirement that pilots accomplishing instrument time in
an ATD wear a view-limiting device.
The purpose of a view-limiting device is to prevent a pilot (while
training in an aircraft during flight) from having outside visual
references that would naturally be present otherwise. These references
are not available in a training device and a pilot has no opportunity
to look outside for any useful visual references pertaining to the
simulation. The FAA recognizes that the majority of these devices have
a simulated visual display that can be configured to be unavailable or
represent ``limited visibility'' conditions that preclude any need for
a view-limiting device to be worn by the student. This lack of visual
references requires the pilot to give his or her full attention to the
flight instruments which is the goal of any instrument training or
experience. The FAA believes that using a training device can be useful
because it trains the pilot to focus on, appropriately scan and
interpret the flight instruments. Since these devices incorporate a
visual system that can be configured to the desired visibility level,
use of a view-limiting device would have no longer been required by the
direct final rule.
When the FAA introduced Sec. 61.65(i)(4) requiring view-limiting
devices in the 2009 final rule, the preamble was silent as to why a
view-limiting device was necessary. 74 FR 42500, 42523. Based on
comments from industry, the FAA has determined that due to the
sophistication of the flight visual representation for ATDs and the
capability of presenting various weather conditions appropriate to the
training scenario, a view-limiting device is unnecessary. Because
persons operating an ATD can simulate both instrument and visual
conditions, FAA LOAs specifically reference Sec. 61.51 that stipulates
a pilot can only log instrument time when using the flight instruments
for reference and operation.\20\
---------------------------------------------------------------------------
\20\ AC 61-136A Appendix 4, Training Content and Logging
Provisions references limitations for logging instrument time.
---------------------------------------------------------------------------
Comments received: The FAA received one comment in response to this
provision in the direct final rule. The commenter believed that
removing the requirement for a student to wear a view-limiting device
while using an ATD is a sensible decision. The commenter believed that
there is much more benefit to be gained by the view limiting features
of the ATD itself than by a view-limiting piece of headgear.
FAA Response: The FAA agrees that it is unnecessary for a student
to wear a view-limiting device when using an ATD. The FAA finds that
this requirement is not necessary because ATDs do not afford relevant
outside references.
III. The Proposed Rule
After consideration of the comments received to the direct final
rule, the FAA is proposing the following changes to 14 CFR parts 61 and
141. These changes are the same as in the direct final rule, 79 FR
71634, (Dec. 3, 2014), withdrawn at 80 FR 2001, (Jan. 15, 2015).
A. Credit for the Aeronautical Experience Requirements for an
Instrument Rating
The FAA is proposing to increase the maximum time that may be
credited in an ATD toward the instrument time requirements for an
instrument rating under Sec. 61.65(i). A person would be permitted to
credit a maximum of 20 hours of instrument time in an approved ATD
toward the requirements for an instrument rating.\21\ Devices that
qualify as AATDs would be authorized for up to 20 hours of instrument
time. Devices that qualify as BATDs would be authorized for a maximum
of 10 hours of instrument time. In light of this difference, pilots
must--as required by current regulations--include in their logbooks the
type and identification of any ATD that is used to accomplish
aeronautical experience requirements for a certificate, rating, or
recent flight experience. 14 CFR 61.51(b)(1)(iv). The FAA is retaining
the existing limit of 20 hours of combined time in FFSs, FTDs, and ATDs
that may be credited towards the aeronautical experience requirements
for an instrument rating.
---------------------------------------------------------------------------
\21\ As required under Sec. 61.51(g)(4), to log instrument time
in an ATD for the purpose of a certificate or rating, an authorized
instructor must be present.
---------------------------------------------------------------------------
B. Approved Instrument Rating Courses
The FAA is also proposing to amend appendix C to part 141 to
increase the limit on the amount of training hours that may be
accomplished in an ATD in an approved course for an instrument rating.
An ATD could be used for no more than 40 percent of the total flight
training hour requirements in an instrument rating course. The FAA
notes that this rule would not change the current provisions in
appendix C which limit credit for training in FFSs, FTDs, and ATDs,
that if used in combination, cannot exceed 50 percent of the total
flight training hour requirements of an instrument rating course.
In addition, the FAA is proposing to amend Sec. 141.41 to clarify
the existing qualification and approval requirement for FSTDs and to
add the qualification and approval of ATDs by the FAA, which is
currently conducted pursuant to Sec. 61.4(c).
C. View-Limiting Device
The FAA is proposing to revise Sec. 61.65(i)(4) to eliminate the
requirement that pilots accomplishing instrument time in an ATD wear a
view-limiting device. The FAA emphasizes, however, that a pilot--
whether in an aircraft, FFS, FTD, or ATD--may log instrument time only
when the pilot is operating solely by reference to the instruments
under actual or simulated conditions. If a pilot is using an ATD and
the device is providing visual references upon which the pilot is
relying, this would not constitute instrument time under Sec.
61.51(g).
IV. Advisory Circulars and Other Guidance Materials
To further implement this rule, the FAA is proposing to revise the
following FAA Order:
FAA Order 8900.1, Flight Standards Information Management System,
Volume 11, Chapter 10, Section 1, (Basic and Advanced Aviation Training
Device) Approval and Authorized Use under 14 CFR parts 61 and 141.
V. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980
(Public Law 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Public Law 96-39) prohibits agencies from setting standards that
create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, this Trade Act requires agencies
to consider international standards and, where appropriate, that they
be the basis of U.S. standards. Fourth, the Unfunded
[[Page 34344]]
Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local, or tribal governments, in
the aggregate, or by the private sector, of $100 million or more
annually (adjusted for inflation with base year of 1995). This portion
of the preamble summarizes the FAA's analysis of the economic impacts
of this notice of proposed rulemaking.
In conducting these analyses, FAA has determined that this proposed
rule: (1) Has benefits that justify its costs; (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866; (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) would not have a
significant economic impact on a substantial number of small entities;
(5) would not create unnecessary obstacles to the foreign commerce of
the United States; and (6) would not impose an unfunded mandate on
State, local, or tribal governments, or on the private sector by
exceeding the threshold identified above. These analyses are summarized
below.
Department of Transportation DOT Order 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the costs and benefits is not prepared.
Such a determination has been made for this notice of proposed
rulemaking. The reasoning for this determination follows:
The provisions included in this rule are either relieving or
voluntary. The elimination of the requirement to use a view-limiting
device is a relieving provision. The other two provisions are voluntary
and cost relieving--additional ATD credit for instrument time for an
instrument rating and additional ATD credit for approved instrument
courses, if acted upon, is cheaper than flight training time.
Persons who use the new provisions would do so only if the benefit
they would accrue from their use exceeded the costs they might incur to
comply. Given the hundreds of LOAs issued, industry's high usage of
ATDs, and SAFE and AOPA's endorsement of ATDs, the proposed change in
requirements is likely to be relieving. Benefits will exceed the costs
of a voluntary rule if just one person voluntarily complies.
Since this proposed rule would offer a lower cost alternative,
would provide regulatory relief for the use of view-limiting devices,
and would allow greater voluntary use of ATDs, the expected outcome
would be cost relieving to minimal impact with positive net benefits.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
Most of the parties affected by this rule would be small businesses
such as flight instructors, aviation schools, and fixed base operators.
The general lack of publicly available financial information from these
small businesses precludes a financial analysis of these small
businesses. While there is likely a substantial number of small
entities affected, the provisions of this proposed rule are either
relieving (directly provides cost relief) or voluntary (provides
benefits or costs only if a person voluntarily chooses to use the rule
provision). The FAA made the same determination as part of the direct
final rule and received no comments.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking would not result in a significant economic impact
on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Public Law 96-39), as amended by
the Uruguay Round Agreements Act (Public Law 103-465), prohibits
Federal agencies from establishing standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standard has a legitimate
domestic objective, such as the protection of safety, and does not
operate in a manner that excludes imports that meet this objective. The
statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this proposed rule and
determined that it would have only a domestic impact and therefore
would not create unnecessary obstacles to the foreign commerce of the
United States.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Public Law
104-4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $151.0 million in lieu of $100
million.
This proposed rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information
[[Page 34345]]
collection associated with this proposed rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. The agency has determined that this
action would not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, would not have Federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this rule under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and to reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policies and
agency responsibilities of Executive Order 13609, and has determined
that this action would have no effect on international regulatory
cooperation.
VII. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting this document.
The most helpful comments reference a specific portion of the rule,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should send only one copy of written comments, or if
comments are filed electronically, commenters should submit only one
time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this rulemaking. Before acting on this proposed
rule, the FAA will consider all comments it receives on or before the
closing date for comments. The agency may change this rule in light of
the comments it receives.
Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD ROM, mark the outside of the disk or CD
ROM, and identify electronically within the disk or CD ROM the specific
information that is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.
B. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from the
Internet by--
Searching the Federal eRulemaking Portal (https://www.regulations.gov);
Visiting the FAA's Regulations and Policies Web page at
https://www.faa.gov/regulations_policies, or
Accessing the Government Printing Office's Web page at
https://www.fdsys.gov.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced above.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation safety, Teachers.
14 CFR Part 141
Airmen, Educational facilities, Reporting and recordkeeping
requirements, Schools.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 45102-45103, 45301-45302.
0
2. Amend Sec. 61.65 by revising paragraph (i) and adding paragraph (j)
to read as follows:
Sec. 61.65 Instrument rating requirements.
* * * * *
(i) Use of an aviation training device. A maximum of 20 hours of
instrument time received in an aviation training device may be credited
for the instrument time requirements of this section if--
(1) The device is approved and authorized by the FAA;
(2) An authorized instructor provides the instrument time in the
device; and
[[Page 34346]]
(3) The FAA approved the instrument training and instrument tasks
performed in the device.
(j) A person may not credit more than 20 total hours of instrument
time in a flight simulator, flight training device, aviation training
device, or combination toward the instrument time requirements of this
section.
PART 141--PILOT SCHOOLS
0
3. The authority citation for part 141 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709, 44711, 45102-45103, 45301-45302.
0
4. Revise Sec. 141.41 to read as follows:
Sec. 141.41 Flight simulators, flight training devices, aviation
training devices, and training aids.
An applicant for a pilot school certificate or a provisional pilot
school certificate must show that its flight simulators, flight
training devices, aviation training devices, training aids, and
equipment meet the following requirements:
(a) Flight simulators and flight training devices. Each flight
simulator and flight training device used to obtain flight training
credit in an approved pilot training course curriculum must be:
(1) Qualified under part 60 of this chapter; and
(2) Approved by the Administrator for the tasks and maneuvers.
(b) Aviation training devices. Each aviation training device used
to obtain flight training credit in an approved pilot training course
curriculum must be evaluated, qualified, and approved by the
Administrator.
(c) Training aids and equipment. Each training aid, including any
audiovisual aid, projector, mockup, chart, or aircraft component listed
in the approved training course outline, must be accurate and relevant
to the course for which it is used.
0
5. Amend Appendix C to part 141 by revising paragraph (b) in section 4
to read as follows:
Appendix C to Part 141--Instrument Rating Course
* * * * *
4. Flight training. * * *
(b) For the use of flight simulators, flight training devices,
or aviation training devices--
(1) The course may include training in a flight simulator,
flight training device, or aviation training device, provided it is
representative of the aircraft for which the course is approved,
meets the requirements of this paragraph, and the training is given
by an authorized instructor.
(2) Credit for training in a flight simulator that meets the
requirements of Sec. 141.41(a) cannot exceed 50 percent of the
total flight training hour requirements of the course or of this
section, whichever is less.
(3) Credit for training in a flight training device that meets
the requirements of Sec. 141.41(a), an aviation training device
that meets the requirements of Sec. 141.41(b), or a combination of
these devices cannot exceed 40 percent of the total flight training
hour requirements of the course or of this section, whichever is
less.
(4) Credit for training in flight simulators, flight training
devices, and aviation training devices if used in combination,
cannot exceed 50 percent of the total flight training hour
requirements of the course or of this section, whichever is less.
However, credit for training in a flight training device or aviation
training device cannot exceed the limitation provided for in
paragraph (b)(3) of this section.
* * * * *
Issued in Washington, DC, under the authority of 49 U.S.C.
106(f), 44701(a)(5), and 44703(a), on June 10, 2015.
Michael J. Zenkovich,
Acting Director Flight Standards Service.
[FR Doc. 2015-14836 Filed 6-15-15; 8:45 am]
BILLING CODE 4910-13-P