Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference, 75955-75973 [2022-26762]

Download as PDF Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Compensation Definition Alternative B (iii) For the purposes of this paragraph, compensation means direct payments to the candidate and payments for any employment-related benefit that the campaign also provides to its staff, including, but not limited to, health insurance premiums and dependent care costs. Compensation also includes payments for the candidate’s dependent care expenses when such payments are not included as a benefit to staff, if the expenses are incurred as a direct result of the candidate’s campaign activities; the use of campaign funds to pay any incremental dependent care expenses that result from non-campaign activities is personal use, unless the candidate reimburses the campaign account within thirty days for the incremental expenses. lotter on DSK11XQN23PROD with PROPOSALS1 Compensation Definition Alternative C (iii) For the purposes of this paragraph, compensation means direct payments to the candidate and payments for any employment-related benefit including, but not limited to, health insurance premiums and dependent care costs. If a committee uses campaign funds to pay for dependent care expenses incurred from both campaign and non-campaign activities, the incremental expenses that result from the non-campaign activities are personal use, unless the candidate reimburses the campaign account within thirty days for the incremental expenses. (iv) The candidate’s principal campaign committee must reduce the maximum amount of candidate compensation permissible under this paragraph by the amount of any earned income the candidate receives from any other source while the candidate receives compensation from campaign funds. (v) Period of eligibility. (A) Compensation shall not accrue or be paid to a candidate before the date the candidate’s principal campaign committee files a Statement of Organization with the Commission. See 11 CFR 102.1(a). (B) If the candidate wins the general election, a general election runoff, a special election, or a special election runoff, the candidate’s principal campaign committee may pay the candidate compensation from campaign funds up to the date the candidate is sworn into the office to which the candidate has been elected. In all other situations in which an individual ceases to be a candidate, such as by losing the primary election or withdrawing from VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 the race, no compensation may be paid beyond the date the individual is no longer a candidate. (C) In the case of a special election for a Federal office, the principal campaign committee of a candidate for that office may pay the candidate compensation from campaign funds starting on the date the special election is set. See 11 CFR 100.24(a)(1)(ii). (vi) Candidate compensation in relation to debts. Any principal campaign committee seeking to settle debts for less than the full value may not pay compensation to the candidate or satisfy a debt to a candidate for compensation. Additionally, any debt settlement plan created under 11 CFR 116.7 must not provide for the payment of compensation to the candidate before all other creditors are paid. For Compensation Cap Alternatives D, E, and F (vii) The candidate must provide evidence of earned income from the relevant years upon the request of the Commission. Any such evidence of earned income must be maintained and preserved for three years after the report disclosing the disbursement is filed, pursuant to 11 CFR 102.9 and 104.14(b). * * * * * Dated: December 1, 2022. On behalf of the Commission, Allen J. Dickerson, Chairman, Federal Election Commission. [FR Doc. 2022–26778 Filed 12–9–22; 8:45 am] BILLING CODE 6715–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61, 63, and 65 [Docket No. FAA–2022–1463; Notice No. 23– 02] RIN 2120–AL74 Airman Certification Standards and Practical Test Standards for Airmen; Incorporation by Reference Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to revise certain regulations governing airman certification. Specifically, the FAA Airman Certification Standards and Practical Test Standards are currently utilized as the testing standard for practical tests and proficiency checks SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 75955 for persons seeking or holding an airman certificate or rating. The FAA proposes to incorporate these Airman Certification Standards and Practical Test Standards by reference into the certification requirements for pilots, flight instructors, flight engineers, aircraft dispatchers, and parachute riggers. Send comments on or before January 11, 2023. ADDRESSES: Send comments identified by docket number FAA–2022–1463 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 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: Daron Malmborg, Airman Testing Standards Branch, AFS–630, Federal Aviation Administration, P.O. Box 25082, Oklahoma City, OK 73125; (405) 954–4151; AFS630comments@faa.gov. SUPPLEMENTARY INFORMATION: DATES: List of Abbreviations and Acronyms Frequently Used in This Document Administrative Procedure Act (APA) Airman Certification Standards (ACS) Airline Transport Pilot (ATP) Instrument Proficiency Check (IPC) Instrument Flight Rules (IFR) E:\FR\FM\12DEP1.SGM 12DEP1 75956 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Incorporation by Reference (IBR) Pilot-in-Command Proficiency Check (PIC PC) Practical Test Standards (PTS) Visual Flight Rules (VFR) Table of Contents lotter on DSK11XQN23PROD with PROPOSALS1 I. Executive Summary II. Authority for This Rulemaking III. Discussion of the Proposal A. Background and Incorporation by Reference B. Part 61: Pilots and Flight Instructors C. Part 63: Flight Engineers D. Part 65: Aircraft Dispatchers and Parachute Riggers IV. Regulatory Notices and Analyses A. Regulatory Evaluation B. Regulatory Flexibility Act C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility G. Environmental Analysis V. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use C. Executive Order 13609, International Cooperation VI. Additional Information A. Comments Invited B. Electronic Access and Filing I. Executive Summary This rulemaking proposes several amendments to parts 61, 63, and 65 of Title 14 of the Code of Federal Regulations (14 CFR) by incorporating by reference (IBR) the Airman Certification Standards (ACS) and Practical Test Standards (PTS). The ACSs and PTSs are currently utilized as the practical test testing standard for airman certificates and ratings. The FAA notes that there are no major substantive changes proposed to the testing standards that are already in use or the process by which the practical test is conducted. Rather, the FAA proposes this rulemaking to bring the ACSs and PTSs into the FAA regulations through the proper notice and comment process required by the Administrative Procedure Act (APA),1 as discussed in section III.A. of this preamble. As explained in section III.B. of this preamble, the FAA proposes to IBR thirty (30) pilot and flight instructor ACSs and PTSs in part 61 by adding a centralized IBR section in new § 61.14. The FAA proposes to direct compliance on the respective practical tests and proficiency checks with the appropriate ACSs and PTSs through proposed revisions in §§ 61.43, 61.57, 61.58, 61.321, and 61.419. Additionally, the FAA proposes to add an appendix to part 61, which will concisely set forth 15 U.S.C. 551–559. VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 which ACS or PTS is applicable to the certificate and/or rating sought or proficiency check to be conducted. The FAA is also proposing a nonsubstantive conforming amendment to § 61.157 to align the Airline Transport Pilot (ATP) airplane and powered-lift flight proficiency areas of operation with the areas of operation contained in the ATP and Type Rating for Airplane Category ACS and ATP and Type Rating for Powered-Lift Category ACS, respectively. As explained in section III.C. of this preamble, the FAA proposes to revise part 63 to IBR the Flight Engineer PTS by revising § 63.39. Additionally, the FAA proposes minor editorial revisions to remove gender references. As explained in section III.D. of this preamble, the FAA proposes to revise part 65 to IBR the Aircraft Dispatcher and Parachute Rigger PTSs. Specifically, the FAA proposes to add both PTSs to the existing centralized IBR section, § 65.23. The FAA proposes to revise the appropriate sections in subpart C and subpart F of part 65 (i.e., §§ 65.59, 65.115, 65.119, 65.123) to require compliance with the respective PTS. II. Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Administrator to promulgate regulations and rules. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This proposed rulemaking is promulgated under the authority granted to the Administrator in 49 U.S.C. Subtitle VII, Part A, Subpart iii, Chapter 401, Section 40113 (prescribing general authority of the Administrator of the FAA with respect to aviation safety duties and powers to prescribe regulations) and Subpart III, Chapter 447, Sections 44701 (general authority of 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), 44702 (general authority of the Administrator to issue airman certificates), and 44703 (general authority of 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). This rulemaking proposal is within the scope of that authority. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 III. Discussion of the Proposal A. Background and Incorporation by Reference Under 49 U.S.C. 44703, the Administrator of the FAA possesses the authority to issue airman certificates when the Administrator finds, after investigation, that an individual is qualified for and able to perform the duties related to the position authorized by the certificate.2 The Administrator carries out this investigative authority through 14 CFR parts 61, 63, and 65, which prescribe the requirements for airmen to obtain a certificate and a rating.3 Each respective part contains the general requirements for eligibility, which include aeronautical knowledge, flight proficiency, and aeronautical experience, as applicable, for each certificate and/or rating sought. This generally includes the requirement to pass a practical test 4 specific to the certificate or rating sought.5 Prior to 1997, the FAA set forth certain items to be included on the practical test 6 directly in the regulations of part 61 through flight proficiency requirements. Specifically, § 61.43 set forth broad areas required to be included in practical tests,7 and the individual subparts applicable to the 2 By statute, a person may not serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued. 49 U.S.C. 44711. The duties of airman are identified in the definition of airman in 49 U.S.C. 40102. 3 Part 61 prescribes certification requirements for pilots, flight instructors, and ground instructors; part 63 prescribes certification requirements for flight crewmembers other than pilots; part 65 prescribes certification requirements for airmen other than flight crewmembers. 4 A practical test is ‘‘a test on the areas of operations for an airman certificate, rating, or authorization that is conducted by having the applicant respond to questions and demonstrate maneuvers in flight, in a flight simulator, or in a flight training device.’’ 14 CFR 61.1. Practical tests are administered by FAA inspectors or private persons designated by the Administrator. See 49 U.S.C. 44702(d). 5 Certain certificates do not require the successful completion of a practical test to obtain the certificate. For example, a certificate on the basis of military competency requires only a military competency aeronautical knowledge test, pursuant to § 61.73(b); a ground instructor certificate requires only a knowledge test on fundamentals of instructing and certain aeronautical knowledge areas, pursuant to § 61.213. 6 Prior to 1997, the FAA referred to ‘‘practical tests’’ as both ‘‘practical test’’ and ‘‘flight test.’’ 7 For example, these broad areas included: executing procedures and maneuvers within the aircraft’s performance capability and limitations, exercising judgment, applying aeronautical knowledge. Before 1997, these broad areas only applied to private and commercial certificates; the practical test flight proficiency areas for ATP certificates and/or additional type ratings were set forth in then-appendices A and B of part 61. E:\FR\FM\12DEP1.SGM 12DEP1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 certificate sought required the practical test to include procedures and maneuvers selected by an FAA inspector or evaluator from the flight proficiency provisions of that subpart. This resulted in an unclear, broad, and discretionary testing framework. In 1995,8 the FAA proposed to replace the flight proficiency requirements for flight training and practical tests with approved areas of operation, more general in character than the flight proficiency procedures and maneuvers, and simplify the practical test general procedures regulations to require performance of the areas of operation. The FAA also proposed to remove appendix A and appendix B from part 61, which contained the practical test requirements for airplane ATP certificates and associated class and type ratings and rotorcraft ATP certificates and associated class and type ratings, respectively. The FAA stated that the specific tasks for training and practical tests within the new areas of operation would then be established through the appropriate practical test standard, with the purpose of permitting greater flexibility in updating the training and testing maneuvers and procedures required of pilot and flight instructor applicants. Commenters generally opposed this change, stating that the FAA would be able to revise the requirements for certificates and ratings through the practical test standards without issuing an NPRM and soliciting public comments. Commenters also questioned the compliance of the proposal with the APA.9 Nevertheless, the FAA adopted the proposal and assured the public that the FAA would actively seek public comments on future revisions of the PTSs.10 In the implementation of the areas of operation, the FAA established the Practical Test Standards (PTS) to define acceptable performance of the flight proficiency required to obtain a certificate and/or rating. The PTSs were specific to certain certificates and/or ratings sought and incorporated the areas of operation set forth in the applicable regulations.11 Within the 8 NPRM, Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules, 60 FR 41160 (Aug. 11, 1995). 9 The APA includes requirements for publishing notices and providing opportunities for public comment on proposed and final rules in the Federal Register. See 5 U.S.C. 553(b). 10 Final Rule, Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules, 62 FR 16220 (Apr. 4, 1997). 11 As an example, a PTS was authored for the Commercial Pilot—Rotorcraft Category, Helicopter and Gyroplane Class. Within the PTS, the areas of operation correspond with the areas of operation set forth in 14 CFR 61.127(b)(3) and (4), flight VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 PTS, the areas of operation were designated as phases of the practical test, which were further extrapolated into tasks comprised of knowledge areas, flight procedures, or maneuvers appropriate to the overarching area of operation. An evaluator 12 is responsible for determining whether the applicant meets the standards outlined in the objective of each required task evaluated in accordance with the respective PTS. While developed primarily in response to part 61 revisions, PTSs were also published and utilized for testing under parts 63 and 65.13 In collaboration with the aviation industry and the FAA’s routine review processes, the FAA identified the need for a new, systematic approach to testing that would (1) provide clearer standards, (2) consolidate redundant tasks, and (3) connect the standards for knowledge, risk management, and skills to the knowledge and practical tests. Therefore, the FAA began to establish the ACSs in 2011 to enhance the testing standard for the knowledge and practical tests. The goal in creating the ACS was to drive a systematic approach to the airman certification process, including knowledge test question development and the conduct of the practical test. In cooperation with the ACS Working Group, established through the Aviation Rulemaking Advisory Committee (ARAC),14 the FAA integrated ‘‘aeronautical knowledge’’ and ‘‘risk management’’ elements into the existing areas of operations and tasks set forth in the PTS. Therefore, the ACS is a comprehensive presentation integrating the standards for what an applicant must know, consider, and do to demonstrate proficiency to pass the tests required for issuance of the applicable airman certificate or rating. proficiency areas of operation for rotorcraft category rating with a helicopter class rating and rotorcraft category rating with a gyroplane class rating, respectively. 12 As it applies to the particular evaluation, an evaluator is considered: an aviation safety inspector; pilot examiner (other than administrative pilot examiners); training center evaluator (TCE); chief instructor, assistant chief instructor, or check instructor of a pilot school holding examining authority; an instrument flight instructor conducting an instrument proficiency check; or an authorized sport pilot instructor. 13 Specifically, PTSs were developed for Flight Engineers in part 63 and Aircraft Dispatchers, Mechanic Technicians, and Parachute Riggers in part 65. Because these regulations do not specifically set out the areas of operation in the same manner as part 61, these PTSs are further described in their respective sections of this preamble. 14 The ARAC is a body established under the Federal Advisory Committee Act. 5 U.S.C. app. 2. The ARAC ACS Working Group is comprised of the FAA, advocacy groups, instructor groups, training providers, academic institutions, and labor organizations. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 75957 The FAA notes that some PTSs have fully transitioned to ACSs, rendering those corresponding PTSs obsolete. While FAA continues to actively convert the remaining PTSs to ACSs in collaboration with the ACS Working Group, FAA will continue to use the PTS for some certificates and ratings until the corresponding ACS is completed. In 2018,15 the FAA removed the reference to the practical test standards in § 61.43 and broadened the regulatory language to encompass the standards set forth in the airman certification standards, where applicable (i.e., where ACSs were developed and actively utilized for practical tests of certain certificates). The regulatory language adopted in 2018 that requires applicants to perform the tasks specified in the areas of operation for the airman certificate or rating sought is how the regulation is situated today. While FAA did not consider the content of the PTSs and ACSs regulatory requirements, as stated in the 2018 final rule,16 the PTS and the ACS are purposed to impose requirements on all persons seeking an airman certificate or rating in parts 61, 63, and 65. As previously discussed, the PTS and ACS require an applicant seeking a certificate or rating to complete specific tasks and maneuvers to a minimum prescribed standard to obtain the applicable certificate or rating.17 As such, if an applicant does not perform a task to the standard in the applicable ACS or PTS, the applicant cannot obtain the applicable certificate and rating. Unsatisfactory performance results in a notice of disapproval and/or denial of the certificate or rating. Because of the regulatory nature that the PTSs and ACSs are purposed for, through this proposed rulemaking, the FAA is proposing to IBR the ACSs and PTSs into parts 61, 63, and 65 so that the standards carry the full force and effect of regulation. Due to the unique nature of the PTS and ACS documents, which are lengthy and contain complex and technical tables, the FAA proposes to IBR these standards rather than 15 Final Rule, Regulatory Relief: Aviation Training Devices; Pilot Certification, Training, and Pilot Schools; and Other Provisions, 83 FR 30232 (June 27, 2018). 16 83 FR at 30269. 17 Examiners are directed to conduct practical tests in accordance with the appropriate ACS or PTS pursuant to FAA Order 8900.1, Vol. 5, Chap. 1, Sec. 4. Additional direction is found in the appropriate FAA Order 8900.1 volume, chapter, and section pursuant to the applicable certificate or rating sought (e.g., Vol. 1, Chap. 2, Sec. 7, Conduct a Private Pilot Certification, Including Additional Category/Class Ratings, directs an examiner to conduct the practical test in accordance with the private pilot PTS in paragraph 5–382). E:\FR\FM\12DEP1.SGM 12DEP1 75958 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules reproduce the documents in their entirety into the Code of Federal Regulations (CFR), as is subsequently discussed. IBR is a mechanism that allows Federal agencies to comply with the requirements of the APA to publish rules in the Federal Register and the CFR by referring to material published elsewhere.18 Material that is incorporated by reference has the same legal status as if it were published in full in the Federal Register. In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,19 the FAA makes the ACSs and PTSs reasonably available to interested parties by providing free online public access to view on the FAA Training and Testing website at www.faa.gov/training_testing. The ACSs and PTSs are available for download, free of charge, at the provided web address. The FAA will continue to provide the ACSs and PTSs to interested parties in this manner. In addition to the free online material on the FAA’s website, hard copies and printable versions are available from the FAA. Additionally, all ACSs and PTSs proposed to be incorporated by reference are contained in the docket for this NPRM for inspection. The FAA emphasizes that, in practice, practical tests and proficiency checks are already conducted in accordance with the applicable ACS or PTS, and there are no changes proposed to current testing processes or procedures. Additional information regarding each PTS and ACS (including summaries of each publication), revisions to the PTSs, transition of PTSs to ACSs, and ACSs introduced in this proposed rule may be found in section III.B.1 of this preamble. B. Part 61: Pilots and Flight Instructors lotter on DSK11XQN23PROD with PROPOSALS1 1. Centralized Incorporation by Reference The FAA proposes to IBR thirty (30) PTSs and ACSs into part 61. Rather than listing the standard, publishing 18 5 U.S.C. 552(a), which states, ‘‘except to the extent that a person has actual or timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. 19 5 U.S.C. 552(a) requires that matter incorporated by reference be ‘‘reasonably available’’ as a condition of its eligibility. Further, 1 CFR 51.5(a)(2) requires that agencies seeking to incorporate material by reference discuss in the preamble of the proposed rule the ways that the material it proposes to incorporate by reference is reasonably available to interested parties and how interested parties can obtain the material. VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 information, and approval language in each affected section of part 61, the FAA proposes the creation of a centralized IBR section in new § 61.14 to streamline the regulatory text and avoid repetitive information in the regulations. The centralized IBR section would contain the IBR approval language and the standards’ publishing information.20 Section 61.14(a) would set forth the list of ACSs and PTSs to be incorporated by reference. The centralized IBR section in new § 61.14 would not contain instructions for using the standards; rather, § 61.43, as subsequently discussed, would set forth the compliance requirements with the standards as they pertain to the practical test and §§ 61.57, 61.58, 61.321, and 61.419 would set forth the compliance requirements with the standards as they pertain to certain proficiency checks. The sections promulgating compliance would crossreference to the centralized IBR section, § 61.14. The standards contained in the centralized IBR section include 15 ACSs and 15 PTSs, as follows: 21 • Airline Transport Pilot and Type Rating for Airplane Category Airman Certification Standards; FAA–S–ACS– 11A. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for airline transport pilot and type rating certification in the airplane category. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Takeoffs and Landings; In-flight Maneuvers; Stall Prevention; Instrument Procedures; Emergency Operations; and Postflight Procedures. • Airline Transport Pilot and Type Rating Practical Test Standards for Rotorcraft Category Helicopter Rating; FAA–S–8081–20A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the airline transport pilot and type rating practical tests for helicopters. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; 20 1 CFR 51.9 sets forth the language required to IBR a standard. While this language is only formally approved at the final rule stage, this proposed rule includes all required final rule language for transparency and consistency. 21 The FAA notes that dates will be added to the regulatory text to aid with version and document identification at the Final Rule stage, which will precisely reflect the effectivity date of the PTSs and ACSs. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Takeoff and Departure Phase; Inflight Maneuvers; Instrument Procedures; Landings and Approaches to Landings; Normal and Abnormal Procedures; Emergency Procedures; and Postflight Procedures. • Airline Transport Pilot and Type Rating for Powered-Lift Category Airman Certification Standards; FAA– S–ACS–17. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for airline transport pilot and type rating certification in the poweredlift category. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Takeoffs and Departure Phase; In-flight Maneuvers; Instrument Procedures; Landings and Approaches to Landings; Emergency Operations; and Postflight Procedures. • Commercial Pilot for Airplane Category Airman Certification Standards; FAA–S–ACS–7B. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for the commercial rating in the airplane category, single-engine land and sea; and multiengine land and sea classes. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; High-Altitude Operations; Emergency Operations; Multiengine Operations; and Postflight Procedures. • Commercial Pilot for Rotorcraft Category Helicopter Rating Airman Certification Standards; FAA–S–ACS– 16. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for a commercial pilot certification in the rotorcraft category helicopter rating. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Heliport Operations; Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers; Navigation; Emergency Operations; Special Operations; and Postflight Procedures. • Commercial Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating; FAA–S–8081–16C. Æ This PTS establishes the aeronautical knowledge, special E:\FR\FM\12DEP1.SGM 12DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules emphasis areas considered critical to flight safety, and proficiency standards for the commercial pilot practical test for the rotorcraft category gyroplane class. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers, Navigation; Flight at Slow Airspeeds; Emergency Procedures; and Postflight Procedures. • Commercial Pilot for Powered-Lift Category Airman Certification Standards; FAA–S–ACS–2. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for commercial pilot certification in the powered-lift category. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Heliport Operations; Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; High-Altitude Operations; Special Operations; and Postflight Procedures. • Commercial Pilot Practical Test Standards for Glider Category; FAA–S– 8081–23B. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the commercial pilot certification practical test for the glider category. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Gliderport Operations; Launches and Landings; Performance Maneuvers; Soaring Techniques; Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; and Postflight Procedures. • Commercial Pilot Practical Test Standards for Lighter-Than-Air Category; FAA–S–8081–18A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the commercial pilot certification practical tests for the lighter-than-air category, balloon and airship classes. Æ This PTS contains the following Areas of Operation: Fundamentals of Instructing; Technical Subjects; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Preflight Procedures; Airport Operations; Launches and Landings; Performance Maneuvers; Navigation; VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 Emergency Operations; and Postflight Procedures. • Private Pilot for Airplane Category Airman Certification Standards; FAA– S–ACS–6C. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for the private pilot certification in airplane category, singleengine land and sea; and multiengine land and sea classes. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; Basic Instrument Maneuvers; Emergency Operations; Multiengine Operations; Night Operations; and Postflight Procedures. • Private Pilot for Rotorcraft Category Helicopter Rating Airman Certification Standards; FAA–S–ACS–15. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for private pilot certification in the Rotorcraft category helicopter rating. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Heliport Operations; Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers; Navigation; Emergency Operations; Night Operations; and Postflight Procedures. • Private Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating; FAA–S–8081–15B. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the private pilot practical test for the rotorcraft category, gyroplane class. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver, Ground Reference Maneuvers; Navigation; Flight at Slow Airspeeds; Emergency Operations; and Postflight Procedures. • Private Pilot for Powered-Lift Category Airman Certification Standards; FAA–S–ACS–13. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for private pilot certification in the powered-lift category. Æ This ACS contains the following Areas of Operation: Preflight PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 75959 Preparation; Preflight Procedures; Airport and Heliport Operations; Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; Basic Instrument Maneuvers; Emergency Operations; Night Operations; and Postflight Procedures. • Private Pilot Practical Test Standards for Glider Category; FAA–S– 8081–22A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the private pilot certification practical test for the glider category. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Gliderport Operations; Launches and Landings; Performance Airspeeds; Soaring Techniques; Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; and Postflight Procedures. • Private Pilot Practical Test Standards for Lighter-Than-Air Category; FAA–S–8081–17A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the private pilot certification practical tests for the lighter-than-air category, balloon and airship classes. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport Operations; Launches and Landings; Performance Maneuvers; Navigation; Emergency Operations; and Postflight Procedures. • Private Pilot Practical Test Standards for Powered Parachute Category and Weight-Shift-Control Category; FAA–S–8081–32A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the private pilot practical tests for powered parachute and weight shift control. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; Ground Reference Maneuvers; Navigation; Emergency Operations; Night Operations; and Postflight Procedures. • Recreational Pilot Practical Test Standards for Airplane Category and Rotorcraft Category; FAA–S–8081–3B. E:\FR\FM\12DEP1.SGM 12DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 75960 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the recreational pilot practical tests for airplane, rotorcraft/helicopter, and rotorcraft/gyroplane. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, Landing, and Go-Arounds; Performance Maneuvers; Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; and Postflight Procedures. • Sport Pilot and Sport Pilot Flight Instructor Practical Test Standards for Airplane Category, Rotorcraft Category, and Glider Category; FAA–S–8081–29A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the sport pilot practical tests and proficiency checks for the airplane, gyroplane, glider, and flight instructor. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; and Postflight Procedures. • Sport Pilot and Sport Pilot Flight Instructor Practical Test Standards for Lighter-Than-Air Category; FAA–S– 8081–30A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the sport pilot practical tests and proficiency checks for the airship, balloon, flight instructor. Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; Ground Reference Maneuvers; Navigation; Emergency Operations; and Postflight Procedures. • Sport Pilot and Sport Pilot Flight Instructor Practical Test Standards for Powered Parachute Category and Weight-Shift Control Category; FAA–S– 8081–31A. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the sport pilot practical tests and proficiency checks for the weight-shift control, powered parachute, and flight instructor. VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 Æ This PTS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; and Postflight Procedures. • Instrument Rating—Airplane Airman Certification Standards; FAA– S–ACS–8C. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for private pilot certification in the instrument rating in the airplane category. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Air Traffic Control Clearances and Procedures; Flight by Reference to Instruments; Navigation Systems; Instrument Approach Procedures; Emergency Operations; and Postflight Procedures. • Instrument Rating—Helicopter Airman Certification Standards; FAA– S–ACS–14. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for the instrument rating helicopter. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Air Traffic Control Clearances and Procedures; Flight by Reference to Instruments; Navigation Systems; Instrument Approach Procedures; Emergency Operations; and Postflight Procedures. • Instrument Rating—Powered-Lift Airman Certification Standards; FAA– S–ACS–3. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for private pilot certification in the instrument rating in the poweredlift category. Æ This ACS contains the following Areas of Operation: Preflight Preparation; Preflight Procedures; Air Traffic Control Clearances and Procedures; Flight by Reference to Instruments; Navigation Systems; Instrument Approach Procedures; Emergency Operations; and Postflight Procedures. • Flight Instructor for Airplane Category Airman Certification Standards; FAA–S–ACS–25. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 standards for the flight instructor certificate in the airplane category. Æ This ACS contains the following Areas of Operation: Fundamentals of Instructing; Technical Subject Areas; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, Landings, and Go-Arounds; Fundamentals of Flight; Performance and Ground Maneuvers, Slow Flight, Stalls, and Spins; Basic Instrument Maneuvers; Emergency Operations; Multiengine Operations; and Postflight Procedures. • Flight Instructor for Rotorcraft Category Helicopter Rating Airman Certification Standards; FAA–S–ACS– 29. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for the flight instructor certificate in the rotorcraft category helicopter rating. Æ This ACS contains the following Areas of Operation: Fundamentals of Instructing; Technical Subject Areas; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Preflight Procedures; Airport and Helicopter Operations; Hovering Maneuvers; Takeoffs, Landings, and GoArounds; Fundamentals of Flight; Performance Maneuvers, Emergency Operations; Special Operations; and Postflight Procedures. • Flight Instructor Practical Test Standards for Rotorcraft Category Gyroplane Rating; FAA–S–8081–7C. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the flight instructor certification practical tests for the rotorcraft category, gyroplane class. Æ This PTS contains the following Areas of Operation: Fundamentals of Instructing; Technical Subjects; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Preflight Procedures; Airport Operations; Takeoffs, Landings, and GoArounds; Fundamentals of Flight; Performance Maneuvers; Flight at Slow Airspeeds; Ground Reference Maneuvers; Emergency Operations; and Postflight Procedures. • Flight Instructor for Powered-Lift Category Airman Certification Standards; FAA–S–ACS–27. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for the flight instructor certificate in the powered-lift category. E:\FR\FM\12DEP1.SGM 12DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Æ This ACS contains the following Areas of Operation: Fundamentals of Instructing; Technical Subject Areas; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Preflight Procedures; Airport and Heliport Operations; Hovering Maneuvers; Takeoffs, Landings, and GoArounds; Fundamentals of Flight; Performance Maneuvers; Ground Reference Maneuvers; Slow Flight and Stalls; Basic Instrument Maneuvers; Emergency Operations; Special Operations; and Postflight Procedures. • Flight Instructor Practical Test Standards for Glider Category; FAA–S– 8081–8C. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the flight instructor certification practical tests for the glider category. Æ This PTS contains the following Areas of Operation: Fundamentals of Instructing; Technical Subject Areas; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Preflight Procedures; Airport and Gliderport Operations; Launches and Landings; Fundamentals of Flight; Performance Airspeeds; Soaring Techniques; Performance Maneuvers; Slow Flight, Stalls, and Spins; Emergency Operations; and Postflight Procedures. • Flight Instructor Instrument Practical Test Standards for Airplane Rating and Helicopter Rating; FAA–S– 8081–9E. Æ This PTS establishes the aeronautical knowledge, special emphasis areas considered critical to flight safety, and proficiency standards for the flight instructor certification practical tests for airplane and helicopter ratings. Æ This PTS contains the following Areas of Operation: Fundamentals of Instructing; Technical Subject Areas; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Air Traffic Control Clearances and Procedures; Flight by Reference to Instruments; Navigation Aids; Instrument Approach Procedures; Emergency Operations; and Postflight Procedures. • Flight Instructor Instrument Powered-Lift Airman Certification Standards; FAA–S–ACS–28. Æ This ACS communicates the aeronautical knowledge, risk management, and flight proficiency standards for the flight instructor instrument rating in the powered-lift category. Æ This ACS contains the following Areas of Operation: Fundamentals of VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 Instructing; Technical Subject Areas; Preflight Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; Air Traffic Control Clearances and Procedures; Flight by Reference to Instruments; Navigation Aids; Instrument Approach procedures; Emergency Operations; and Postflight Procedure. The FAA notes that the ACSs and PTSs that the agency proposes to IBR may be categorized into three groups, described herein. First, for the majority of the ACSs and PTSs, the FAA has updated version numbers from the versions that are currently in use by the regulated community (e.g., applicants and examiners). The ACSs and PTSs with updated version numbers reflect minor updates, including grammatical or clerical corrections, updated regulatory citations, and organizational revisions.22 However, there are no major substantive revisions or additional requirements in the updated ACSs and PTSs incorporated by reference that the regulated community must resort to with this proposed rulemaking. Additionally, the FAA has updated the titles to certain ACSs and PTSs to more consistently reflect the precise category and/or rating that the ACS and PTS applies to. The FAA has also drafted an ACS companion guide providing guidance on certain nonregulatory and technical information removed from the ACSs during the update, which may be found in the docket to this rulemaking. Second, as discussed in section III.A., the FAA is actively converting the PTSs to ACSs across all airman certificates and ratings. Therefore, several ACSs proposed to be incorporated by reference as part of this rulemaking are currently not used as the FAA testing standard. The FAA is proposing that these ACSs would replace the existing PTSs as part of the final rule. In the interest of transparency, the FAA does note four ACSs that added tasks during the transition from PTS to ACS. Specifically, the four ACSs affected are: (1) the Commercial Pilot for Airplane Category ACS, which adds the Forward Slip to the Landing task in accordance with the Private Pilot for Airplane Category ACS, Area of Operation IV, Task M for applicants who do not hold an airman certificate with an airman certificate with an airplane category rating and a singleengine class rating and are applying for a commercial certificate in the airplane category with a single engine rating 22 The FAA notes that each PTS and ACS contains front matter that provides revision history and a record of changes, which are available for inspection in the docket for this proposed rule. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 75961 (land or sea); (2) the Private Pilot for Rotorcraft Category Helicopter Rating ACS, which adds the Approach and Landing with One Engine Inoperative task, Area of Operation VII, Task C; (3) the Commercial Pilot for Rotorcraft Category Helicopter Rating ACS, which adds three tasks: first, the Anti-Torque System Failure (Oral Only) task, Area of Operation VIII, Task G; second, the Recovery from Unusual Flight Attitudes task, Area of Operation VIII, Task L; and, third, Night Operations task, Area of Operation IX, Task C; and (4) Flight Instructor for Rotorcraft Category Helicopter Rating ACS, which adds the Recovery from Unusual Flight Attitudes task, Area of Operation XI, Task D. The FAA has evaluated these tasks in terms of substantive additions to the practical test, and has determined these additions are of minimal impact. In other words, these added tasks, which have been determined as crucial to evaluation in the interest of safety, may be completed concurrently with tasks already required on the transitioned ACSs and, therefore, only add a negligible amount of time to the requisite practical test. Notwithstanding these minimal additions, the conversion of PTS to ACS does not markedly change the substantive material to be tested on the practical test. The ACS is intended to more concisely capture the testing elements contained in the PTS, and the coding structure of the ACS provides greater detailed information for instructors and evaluators, particularly in areas missed on a knowledge test or not satisfactorily completed on a practical test. In sum, while the specific elements of the ACS and PTS may not precisely align (e.g., broad topics of managing risk and situational awareness in the PTS have been put in context of risk management elements on the ACS), the performance of tasks required, as well as the standard for satisfactory completion, remains generally unchanged, unless otherwise noted in the ACS. Third, the FAA notes that there are six (6) new powered-lift ACSs proposed to be incorporated by reference, including: (1) ATP and Type Rating for Powered-Lift Category, (2) Commercial Pilot for Powered-Lift Category, (3) Private Pilot for Powered-Lift Category, (4) Instrument Rating—Powered-Lift, (5) Flight Instructor for Powered-Lift Category, and (6) Flight Instructor Instrument Powered-Lift. As with the other ACSs, most of the Powered-Lift ACSs were drafted based on input from E:\FR\FM\12DEP1.SGM 12DEP1 75962 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules industry and the ACS Working Group,23 and align with the areas of operation promulgated by the regulations for the respective certificates and/or ratings.24 Because these ACSs are newly drafted, the FAA invites comments in particular on the six powered-lift ACSs. lotter on DSK11XQN23PROD with PROPOSALS1 2. Pilot and Flight Instructor Practical Tests Section 61.43 contains the general procedures for the practical test, including the parameters for the successful completion of a practical test.25 As discussed in section III.A., completion of the practical test for a certificate or rating consists of performing the tasks specified in the areas of operation for the airman certificate or rating sought,26 among other requirements. The FAA proposes to revise the language in § 61.43(a)(1) to direct compliance with the applicable PTS or ACS.27 Specifically, completion of the practical test for a certificate or rating would consist of performing the tasks specified in the areas of operation contained in the applicable ACS or PTS for the airman certificate or rating sought. Additionally, the FAA proposes to revise § 61.43(a)(2) and (3) to clarify that the tasks and standards referred to in each respective subparagraph are those delineated in § 61.43(a)(1). Additionally, in order to clearly define which ACS or PTS an applicant is subject to, the FAA proposes to add an appendix (Appendix A) to part 61. The appendix will function to aid applicants and evaluators in identifying which ACS or PTS must be utilized for the certificate and/or rating the applicant seeks. Therefore, proposed appendix A to part 61 provides a table containing an list of all part 61 certificates, ratings, and proficiency 23 The FAA notes the Private Powered-Lift ACS and Flight Instructor Instrument Powered-Lift ACS were drafted prior to the receipt of an ACS from the ACS Working Group. The FAA emphasizes that these two ACSs were largely informed by PoweredLift ACSs that the ACS Working Group had submitted. 24 For example, the private pilot powered-lift ACS areas of operation align with the flight proficiency areas of operation for a private pilot powered-lift category rating in 14 CFR 61.107(b)(5). 25 14 CFR 61.43(a). 26 14 CFR 61.43(a)(1). 27 Section 14 CFR 141.67(c) requires tests given by pilot schools with examining authority to be approved by the Administrator and be at least equal in scope, depth, and difficulty to the comparable knowledge and practical tests prescribed by the Administrator under 14 CFR part 61. The FAA is not proposing a corresponding change to part 141 in light of the changes to § 61.43(a). However, the FAA notes that the reference in § 141.67(c) to part 61 means that for a test to be at least equal in scope, depth, and difficulty to the FAA practical test, the test must have requirements and standards that are at least equivalent to those in the applicable ACS or PTS (as already occurs in practice). VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 checks, and directs which PTS or ACS is applicable. The proposed revision to § 61.43(a)(1) contains both a reference to the centralized IBR section in § 61.14 and a reference to appendix A for PTS/ ACS applicability. 3. Proficiency Checks Proficiency checks are a type of review of a pilot’s proficiency that is generally required to maintain existing privileges, but also required to add privileges in the case of sport pilot certificates. Although a proficiency check differs from an initial test for certification (i.e., a practical test), which determines a pilot’s qualification to hold a certificate or rating, pilots completing proficiency checks are similarly evaluated against ACSs and PTSs; therefore, the FAA finds that conforming amendments are necessary to proficiency checks as well. Specifically, the FAA proposes to require that instrument proficiency checks (IPC) under § 61.57(d), pilot-incommand proficiency checks (PIC PC) under § 61.58, and sport pilot proficiency checks under §§ 61.321 and 61.419 be conducted according to the appropriate ACS or PTS, respectively, through minor revisions to the applicable section and cross-references to the centralized IBR section. i. Instrument Proficiency Check Section 61.57 sets forth the requirements of recent flight experience to act as pilot in command of an aircraft. To act as PIC under Instrument Flight Rules (IFR) or weather conditions less than the minimums prescribed for Visual Flight Rules (VFR), a PIC must complete certain instrument experience within a specified time.28 A person who has failed to meet these instrument experience requirements for more than six calendar months 29 may only reestablish currency by completing an IPC, pursuant to § 61.57(d).30 Prior to 1997, an IPC 31 was broadly referred to in the regulations and did not require 28 14 CFR 61.57(c). person who has failed to meet the experience requirements for fewer than six months may not act as PIC under IFR or the weather conditions less than the minimums prescribed for VFR but may reestablish instrument privileges by performing the required instrument experience in § 61.57(c) in an aircraft in actual instrument conditions with someone qualified to act as PIC, in simulated instrument conditions with a safety pilot, or in a full flight simulator, flight training device, or aviation training device as permitted in § 61.57(c)(2). 30 There are certain exceptions to the general requirements of establishing instrument proficiency, which are provided in 14 CFR 61.57(e). 31 Instrument proficiency checks were termed as ‘‘instrument competency checks’’ prior to the 1997 final rule. See 62 FR at 16253. 29 A PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 any specific checking areas, tasks, or operational characteristics. In 1997, the FAA clarified the tasks and maneuvers upon which IPC were to be conducted. Specifically, the FAA revised § 61.57(d) to require that the IPC include a representative number of the tasks required by the instrument rating practical test. The reference to ‘‘tasks required by the instrument rating practical test’’ was understood to embody the tasks that were referred to in § 61.43(a)(1), which referred to those tasks contained in the practical test standards.32 As discussed in section III.A. of this preamble, in 2018, the FAA removed references to the practical test standards in the regulations.33 Likewise, the FAA found that, for consistency, it was inappropriate to reference the areas of operation and instrument tasks in the instrument rating PTS. Therefore, in the 2018 rulemaking, the FAA revised § 61.57(d) to list the areas of operation for an IPC 34 and noted that the proficiency check would still be driven by the standards for the initial issuance of an instrument rating.35 In practice, the person administering an IPC 36 utilizes the appropriate instrument PTS or ACS.37 Currently, there is both an active PTS and ACS for instrument rating practical tests. Airplane Instrument Rating practical tests are conducted via the Instrument Rating—Airplane ACS (FAA–S–ACS– 8B), while Helicopter Instrument Rating and Powered-Lift Instrument Rating practical tests are conducted via the Instrument Rating Practical Test Standards for Airplane, Helicopter, and Powered-Lift (FAA–S–8081–4E with Changes 1, 2, 3, 4 & 5). The FAA notes that the current PTS still contains the Airplane portion; however, this portion has been superseded by the ACS. While previously stated that the IPC in practice currently utilizes the PTS or ACS dependent on the rating held, as part of this rulemaking, the FAA proposes to transition to an Instrument Rating—Helicopter ACS and Instrument Rating—Powered-Lift ACS; therefore, all IPCs would use an ACS. The instrument ACSs contain a table that sets forth the minimum number of tasks that must be selected during a check to ensure the instrument proficiency of the pilot to operate under IFR or in weather 32 62 FR at 16253. FR at 30269. 34 The areas of operation listed in the regulation for an IPC were consistent with six of the eight areas of operation for an initial instrument rating in § 61.65(c). 83 FR 30232. 35 Id. 36 See 14 CFR 61.57(d)(3). 37 See FAA Order 8900.1, Vol. 5, Chap. 2, Sec. 3. 33 83 E:\FR\FM\12DEP1.SGM 12DEP1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules the original issuance of a type rating for the aircraft used in the check.43 In 2011, the FAA revised § 61.58 to also require a PIC of a turbojet-powered aircraft to receive an annual pilot proficiency check and revised the proficiency check parameters to consist of the aeronautical knowledge areas, areas of operation, and tasks required for a type rating.44 Today, in practice, a person authorized by the Administrator conducts the PIC PC under § 61.58(d)(1) by checking the pilot’s performance of specified maneuvers and procedures in the applicable ACS or PTS, based on the pilot’s certificates and ratings held (i.e., because the ACS or PTS is used to delineate the tasks required for a type rating on a practical test, the ACS or PTS is also used for the proficiency check).45 Because the FAA conducts the PIC PC in accordance with the ACS or PTS the FAA proposes a corresponding revision ii. Pilot-in-Command Proficiency Check to § 61.58(d)(1). Rather than broadly Section 61.58 sets forth the refer to the proficiency check requirements for a PIC PC for the requirements as aeronautical knowledge operation of an aircraft that requires areas, areas of operation, and tasks more than one pilot flight crewmember required for a type rating, the FAA or is turbojet-powered. With certain proposes to require that the PIC PC exceptions,39 to serve as PIC of these specifically consist of the areas of aircraft, a person must complete a PIC operation contained in the applicable PC in the aircraft within the preceding ACS or PTS. The FAA emphasizes that 12 calendar months and also complete there are no substantive changes to the a PIC PC in the particular type of aircraft maneuvers and procedures on the PIC in which the person will serve as PIC PC in this proposal. The proposed within the preceding 24 calendar revision contains both a cross-reference months.40 One manner by which the PIC to the centralized IBR section in § 61.14 PC may be accomplished is through and a cross-reference to appendix A to satisfactory completion of a PIC PC determine ACS or PTS applicability. consisting of the aeronautical iii. Sport Pilot Proficiency Checks knowledge areas, areas of operations, The final group of proficiency checks and tasks required for a type rating in in part 61 are those for certificated sport an aircraft that is type certificated for pilots seeking to operate an additional more than one pilot flight crewmember category or class of light-sport aircraft, or is turbojet powered.41 and certificated flight instructors with a The FAA has required proficiency sport pilot rating seeking to provide checks for PICs operating aircraft that training in an additional category or require more than one pilot since class of light-sport aircraft. A 1973.42 At that time, the PIC PCs were certificated sport pilot must, among required to include the maneuvers, other requirements,46 successfully procedures, and standards required for complete a proficiency check on the 38 For example, in the Instrument Rating— aeronautical knowledge areas and areas Airplane ACS, a proficiency check must consist of, of operation specified in §§ 61.309 and at the minimum: Task B in Area of Operation III; 61.311 47 for the additional light-sport Task B in Area of Operation IV; Task A in Area of lotter on DSK11XQN23PROD with PROPOSALS1 conditions less than the minimums for VFR.38 Therefore, the FAA proposes to revise § 61.57(d)(1) to precisely reflect the standards that an IPC must consist of by stating that the IPC must consist of the areas of operation contained in the applicable ACS as appropriate to the rating held. The authorized instructor will utilize the aforementioned tables within the appropriate ACS to check the pilot, and the pilot will have notice and understanding of which tasks the pilot is expected to perform. The proposed revision to § 61.57(d)(1) contains both a cross-reference to the centralized IBR section in § 61.14 and a cross-reference to appendix A for ACS applicability. The FAA emphasizes that there are no major substantive changes to the proficiency check process or tasks required to be conducted during an IPC as a result of this proposal. Operation V; all Tasks in Area of Operation VI; Tasks B, C, and D in Area of Operation VII; and all tasks in Area of Operation VIII. 39 See 14 CFR 61.58(b), which excepts persons conducting operations under subpart K of part 91, part 121, 125, 133, 135, or 137, or persons maintaining continuing qualification under an Advanced Qualification program approved under subpart Y of part 121 from the requirements of § 61.58. 40 14 CFR 61.58. 41 14 CFR 61.58(d)(1). 42 Final Rule, Miscellaneous Amendments, 38 FR 3161 (Feb. 1, 1973). 14 CFR 61.58(d)(1) was originally promulgated in 1973 as § 61.58(c)(1). VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 43 In 1997, the FAA revised § 61.58(c)(1) to become § 61.58(d)(1) and delineated that the proficiency check must consist of the maneuvers and procedures required for a type rating. 62 FR 16220. 44 Final Rule, Pilot in Command Proficiency Check and Other Changes to Pilot and Pilot School Certification Rules, 76 FR 54095 (Aug. 31, 2011). 45 See FAA Order 8900.1, Volume 5, Chapter 1, Section 20. 46 See 14 CFR 61.321. 47 Section 61.309 contains the aeronautical knowledge areas, while § 61.311 contains the areas of operation. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 75963 aircraft privilege sought. A certificated flight instructor must, among other requirements,48 successfully complete a proficiency check on the areas of operation specified in § 61.409 for the additional category and class of flight instructor privilege sought. The FAA stated that these areas of operation were consistent with and based upon the existing flight proficiency requirements established for higher certificate levels under part 61 49 and drafted the Sport Pilot PTSs to align with these areas of operation. For the aforementioned certificated sport pilots and certificated flight instructors, in practice, the proficiency checks are conducted in accordance with the respective Sport Pilot PTS,50 which incorporate the aeronautical knowledge areas and areas of operation provided in §§ 61.309, 61.311, and 61.409, applicable to the additional privileges sought. Therefore, the FAA proposes to revise § 61.321(b) to precisely reflect the standards that the proficiency check aligns with by stating that the proficiency check must consist of the appropriate areas of operation contained in the applicable PTS for the additional light-sport aircraft privilege sought. Likewise, the FAA proposes to revise § 61.419(b) to require the flight instructor to successfully complete a proficiency check consisting of the appropriate areas of operation contained in the applicable PTS for the additional category and class flight instructor privilege sought. The proposed revisions to both §§ 61.321 and 61.419 contain a cross-reference to the centralized IBR section in § 61.14 and a cross-reference to appendix A to determine PTS 51 applicability. The FAA emphasizes that there are no substantive changes to the tasks required to be conducted in the proficiency check to add additional sport pilot privileges in this proposal. 4. Conforming Amendment to ATP Flight Proficiency Areas of Operation As part of the FAA’s routine review of the testing standards, the FAA noticed that the areas of operation in the ATP and Type Rating for Airplane 48 See 14 CFR 61.419. Certification of Aircraft and Airmen for Operation of Light-Sport Aircraft, 67 FR 5367 (Feb. 5, 2002). 50 Sport Pilot PTS for Airplane, Gyroplane, Glider, and Flight Instructor; Sport Pilot PTS for Airship, Balloon, and Flight Instructor; Sport Pilot PTS for Weight Shift Control, Powered Parachute, and Flight Instructor. See FAA Order 8900.1, Vol. 5, Chap. 2, Sec. 12. 51 The FAA notes that, currently, only PTSs exist for sport pilots; however, as discussed in section III.A. of this preamble, the FAA continues work to convert all PTSs to ACSs. 49 NPRM, E:\FR\FM\12DEP1.SGM 12DEP1 75964 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Category ACS 52 do not precisely align with the flight proficiency areas of operation set forth in § 61.157(e)(1) and (2).53 Similarly, while reviewing the ATP and Type Rating for Powered-Lift Category ACS, the FAA noted similar discrepancies between the draft ACS and the requirements of § 61.157(e)(3). Specifically, § 61.157(e)(1), airplane category with single engine class rating, § 61.157(e)(2), airplane category with multiengine class rating, and § 61.157(e)(3), powered-lift category rating, each list Normal and abnormal procedures, which is not an independent area of operation in the ACS. Further, the ACS appears to combine the regulatory independent areas of operation Takeoff and departure phase and Landings and approaches to landings in a single area of operation, Takeoffs and landings, in § 61.157(e)(1) and (2). Additionally, the ACS contains Stall prevention as an area of operation, which is not delineated as an area of operation in § 61.157(e)(1) and (2). Finally, a terminology discrepancy exists in one area of operation where Emergency procedures is stated in the regulations but referred to as Emergency operations in the ACS. Therefore, the FAA proposes to revise the areas of operation in § 61.157(e)(1) and (2) to align with the areas of operation in the ACS, as subsequently explained, and similarly proposes two minor revisions to § 61.157(e)(3). First, the FAA proposes to add Stall prevention as an area of operation in § 61.157(e)(1) and (2). The FAA notes that because practical tests are conducted in accordance with the ACS, the addition of Stall prevention in § 61.157(e)(1) and (2) does not add tasks that an applicant is expected to demonstrate, as Stall prevention was already an area of operation within the ACS 54 and, therefore, is currently evaluated on the practical test. The FAA also proposes to revise § 61.57(e)(1) and (2) to combine Takeoff and departure phase with Landings and approaches to landings to become Takeoffs and landings, which encompasses the former two areas of operation. Additionally, the FAA proposes to remove Normal and abnormal procedures as an area of operation within the airplane category and powered-lift category areas of operation from § 61.157(e)(1), (2), and (3). Instead, the FAA proposes to add language to the introductory text of § 61.157(e) to specify that normal and abnormal procedures by characteristic are inherently integrated in the tasks and maneuvers in the ACSs for airplane category single engine class rating, airplane category multiengine class rating, and powered-lift category rating (i.e., § 61.157(e)(1), (2), and (3)). Because the two ACSs (i.e., ATP and Type Rating for Airplane Category ACS and ATP and Type Rating for Powered-Lift ACS) integrate the demonstration of normal and abnormal procedures within their fundamental task structures, there is no need for a separate area of operation addressing normal and abnormal procedures in isolation in the ACS. For example, in the ATP and Type Rating for Airplane Category ACS, Area of Operation II. Preflight Procedures, Task B. Powerplant Start requires an applicant to demonstrate understanding of normal and abnormal powerplant start procedures and limitations, including the use of an auxiliary power unit or external power source, if applicable.55 Finally, as previously noted, the regulations (i.e., §§ 61.157(e)(1)(viii), (e)(2)(viii), and (e)(3)(viii)) utilize the phrase Emergency procedures, while the ATP and Type Rating for Airplane Category ACS and ATP and Type Rating for Powered-Lift Category ACS use the phrase Emergency operations. Therefore, for standardization purposes, FAA proposes a minor nomenclature change to §§ 61.157(e)(1)(viii), (e)(2)(viii), and (e)(3)(viii), which are proposed as §§ 61.157(e)(1)(vii), (e)(2)(vii), and (e)(3)(vii), to the area of operation Emergency operations. The FAA again emphasizes that there are no substantive changes being made to the tasks and maneuvers that an applicant for an ATP certificate must demonstrate in these changes. These proposed revisions are simply editorial and organizational changes to align the regulations and ACSs for ease in functional application. As a result of the organizational changes, some areas of operation have been renumbered. Table 1 summarizes these changes as follows: TABLE 1—REVISIONS TO § 61.157(e)(1), (2), AND (3) Current areas of operation in § 61.157(e)(1), (2), and (3) Proposed revision lotter on DSK11XQN23PROD with PROPOSALS1 (i) Preflight Preparation ............................................................................ (ii) Preflight Procedures ............................................................................ (iii) Takeoff and Departure Phase ............................................................ (iv) In-Flight Maneuvers ............................................................................ (v) Instrument Procedures ........................................................................ (vi) Landings and Approaches to Landings ............................................. (vii) Normal and Abnormal Procedures .................................................... (viii) Emergency Procedures .................................................................... (ix) Postflight Procedures ......................................................................... The FAA notes that part 141 sets forth certain areas of operation for ATP certification courses in appendix E.56 Specifically, appendix E prescribes the minimum training curriculum for an ATP certification course for an airplane 52 FAA–S–ACS–11 (June 2019). FAA notes that this deviation is only present in the ATP Airplane ACS for single engine and multiengine class ratings; the areas of operation in the ATP Helicopter PTS concisely correspond with the areas of operation set forth in 53 The VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 No proposed revision. No proposed revision. Combine (iii) and (vi) in § 61.157(e)(1) and (2). No proposed revision. No proposed revision. Combine (iii) and (vi) in § 61.157(e)(1) and (2). Remove in § 61.157(e)(1), (2), and (3). Rename in § 61.157(e)(1), (2), and (3). No proposed revision. Addition of Stall Prevention in § 61.157(e)(1) and (e)(2). category single-engine rating, airplane category multiengine rating, rotorcraft category helicopter rating, and poweredlift category rating. Section 4.(c) requires that an approved course must include flight training on the areas of operation listed in that section. These areas of operation align with the areas of operation set forth by § 61.157(e) as currently situated. While the FAA proposes revisions to the areas of operation listed in § 61.157(e)(4). Therefore, no revisions are proposed to § 61.157(e)(4). 54 Stall Prevention was previously tested under area of operation IV, Inflight Maneuvers, before the ATP Airplane PTS transitioned to the ACS. The ACS moved stall tasks into an independent area of operation to place special emphasis on its importance in airman training and testing and the prevention of stall-related aviation accidents. 56 14 CFR 141.55 requires that each training course for which approval is requested must meet the minimum curriculum requirements in accordance with the appropriate appendix of part 141. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\12DEP1.SGM 12DEP1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules § 61.157(e)(1), (2), and (3), as previously described, the FAA is not proposing to revise the areas of operation set forth in part 141, appendix E, section 4.(c). Thus, the FAA acknowledges that these areas of operation for training courses in part 141 will not precisely align with the proposed areas of operation set forth by § 61.157(e)(1), (2), and (3). However, the areas of operation for testing, whether under part 61 or part 141 will be governed by areas of operation in the ATP ACS or PTS, which align to the areas of operation in proposed § 61.157(e).57 lotter on DSK11XQN23PROD with PROPOSALS1 C. Part 63: Flight Engineers Part 63 contains the certification requirements for flight crewmembers other than pilots, specifically, flight engineers and flight navigators. Both flight engineers and flight navigators are required to pass a practical test to obtain a certificate. Currently, the flight engineer practical test utilizes the Flight Engineer Practical Test Standards, whereas the flight navigator practical test is based on part 63, appendix A, which sets forth the prescribed subjects to be tested on the flight navigator practical test.58 In light of the prescribed subjects contained in appendix A, there is no developed PTS or ACS for flight navigators at this time.59 Therefore, the FAA proposes to only IBR one PTS (i.e., the Flight Engineer PTS) into part 63. The requirements to obtain a flight engineer certificate have remained largely unchanged since the establishment of the flight engineer certificate in 1947.60 Since the inception of the certificate, the regulations have set forth the delineated subjects the practical test would cover with little revision of subject areas.61 Unlike parts 61 and 65, which were revised in tandem to make general references to the PTS in 1997,62 part 63 did not 57 In other words, applicants from a pilot school or provisional pilot school will either take (1) the FAA practical test, which aligns to the ATP ACS or PTS via § 61.43(a), or (2) take an end-of-course test given by a pilot school who holds examining authority for the training course. Per § 141.67(c), this end-of-course test must have requirements and standards that are at least equivalent to those in the applicable ATP ACS or PTS because this end-ofcourse test must be equal in scope, depth and difficulty to the comparable practical test prescribed by the Administrator under part 61. 58 14 CFR 63.57(c). 59 The FAA estimates there are only 30 active flight navigator certificates during 2021. https:// www.faa.gov/data_research/aviation_data_ statistics/civil_airmen_statistics. 60 Final Rule, Part 35—Flight Engineer Certificates, 12 FR 40 (Jan. 3, 1947). 61 The regulations promulgating the subject areas as they exist today were adopted in 1962. Final Rule, Flight Engineer Certificates and Training Courses, 30 FR 14558 (Nov. 23, 1965). 62 62 FR 16220. VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 follow suit and retained the specific subject areas in the regulations. These subject areas are fashioned as areas of operation in the Flight Engineer PTS,63 which are further expanded into tasks that list the required knowledge and skills appropriate to the area of operation. Each task lists an objective, which consist of the important elements that must be satisfactorily performed to demonstrate competency. Specifically, the objective includes what the applicant must be able to do, the conditions under which the task is to be performed, and the minimum acceptable standards of performance. The Flight Engineer PTS is to be used for the initial issuance of a Flight Engineer Certificate and for the addition of class ratings to that certificate. Because the flight engineer practical test is conducted in accordance with the Flight Engineer PTS, the FAA proposes to revise § 63.39 to IBR the Flight Engineer PTS. Section 63.39(a) would be revised to conform to current practice and specify that, in order to pass the practical test for a flight engineer certificate, an applicant must satisfactorily demonstrate the objectives in the areas of operation contained in the Flight Engineer PTS. Accordingly, § 63.39(c) would be added to IBR the Flight Engineer PTS. The FAA is also proposing minor editorial revisions in § 63.39(b) to remove gender references. D. Part 65: Aircraft Dispatchers and Parachute Riggers 1. Centralized Incorporation by Reference Part 65 contains the certification requirements for airmen other than flight crewmembers, including aircraft dispatchers and parachute riggers. Both aircraft dispatchers and parachute riggers are required to pass a practical test 64 to obtain a certificate and/or rating. The FAA proposes to incorporate the applicable PTSs for aircraft dispatchers and parachute riggers by reference, as discussed in sections III.D.2. and III.D.3 of this preamble. Part 65 currently contains a centralized IBR section in § 65.23, which houses the Aviation Mechanic General, Airframe, and Powerplant Practical Test Standards and the Aviation Mechanic General, Airframe, and Powerplant Airman 63 For example, § 63.39(b)(1) requires the applicant to show that the applicant can satisfactorily perform preflight inspection. Preflight Inspection is implemented in the Flight Engineer PTS as area of operation II: Preflight Procedures, divided into Task A: Preflight Inspection and Flight Deck Setup and Task B: Preflight Inspection— Exterior. 64 14 CFR 65.53(b)(4), 65.115, 65.119, and 65.123. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 75965 Certification Standards.65 The FAA proposes to revise the centralized IBR section in part 65 to include the Aircraft Dispatcher Practical Test Standards and Parachute Rigger Practical Test Standards. Specifically, to organize the PTSs and ACSs in alphanumeric order by version number, the FAA proposes to redesignate current § 65.23(a)(1) and (2) as § 65.23(a)(3) and (4). The Aircraft Dispatcher PTS, which is summarized in section III.D.2. of this preamble, would be contained in revised § 65.23(a)(1); the Parachute Rigger PTS, which is summarized in section III.D.3. of this preamble, would be contained in revised § 65.23(a)(2). . The centralized IBR section does not contain instructions for compliance with the standards. Rather, part 65 sections, as subsequently discussed, require compliance with these respective standards (i.e., §§ 65.59, 65.115, 65.119, and 65.123) and refer to § 65.23 for identification information and the IBR language required by 1 CFR part 51. 2. Aircraft Dispatchers Subpart C of part 65 promulgates the requirements to obtain an aircraft dispatcher certificate. Currently, § 65.59 requires an applicant for an aircraft dispatcher certificate to pass a practical test by demonstrating skill in applying the areas of knowledge and topics in appendix A of part 65 to preflight and all phases of flight, including abnormal and emergency procedures. Appendix A contains the areas of knowledge necessary to perform dispatcher functions, and indicates the minimum set of topics that must be covered in a training course for aircraft dispatcher certification required by § 65.61, Aircraft dispatcher certification courses: Content and minimum hours. Similar to part 61, the FAA set forth the specific topics to be tested on the aircraft dispatcher practical test directly in the regulations governing such crewmembers in part 65 until 1999.66 In 1999,67 the FAA amended the eligibility and certification requirements for aircraft dispatchers, to include removal of the specific topics in § 65.59 to be tested on the practical test. Instead, the FAA tethered the practical test to the aircraft dispatcher practical test standards, as published by the FAA, on 65 Interim Final Rule, Aviation Maintenance Technician Schools, 87 FR 31391 (May 24, 2022). 66 Before 1962, § 27.33 promulgated the skill requirements and listed subject areas the practical test covered. In 1962, § 27.33 was relocated to § 65.59, with no substantive revisions to the list of practical test subject areas. Final Rule, Addition of Subchapter, 27 FR 7954 (Aug. 10, 1962). 67 Final Rule, Revision of Certification Requirements: Aircraft Dispatchers, 64 FR 68916 (Apr. 6, 2000). E:\FR\FM\12DEP1.SGM 12DEP1 75966 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules the items specified in appendix A of part 65.68 This aligned with the FAA’s general disposition in part 61 to remove specific topics and instead broadly reference the practical test standards. In 2018, the FAA removed the reference to the aircraft dispatcher PTS to be consistent with editorial changes made to other parts 69 pertaining to the certification of airman. In its place, the FAA required an applicant to demonstrate skill in applying the areas of knowledge and topics provided in appendix A of part 65 in the regulations, but explained in the final rule preamble that the practical test would continue to be based on the aircraft dispatcher PTS.70 Currently, FAA inspectors and designated examiners conduct aircraft dispatcher tests in accordance with the Aircraft Dispatcher PTS; however, the Aircraft Dispatcher PTS is not a regulatory standard for the practical test. The Aircraft Dispatcher PTS contains knowledge and skill tasks that an applicant must demonstrate to pass the practical test for an Aircraft Dispatcher certificate. Specifically, the Aircraft Dispatcher PTS contains areas of operation, which are divided into tasks (e.g., navigation and aircraft navigation systems, practical dispatch applications). Each task lists an objective, which consists of the elements that must be satisfactorily performed to demonstrate competency. Specifically, the objective includes what the applicant must be able to do, the conditions under which the task is to be performed, and the minimum acceptable standards of performance. The FAA notes that the Aircraft Dispatcher PTS objectives within the Tasks of the areas of operation generally align to the topics set forth in appendix A. This proposed revision to require compliance with the PTS rather than appendix A would not add topics or substantive changes to what is currently contained on the practical test.71 Therefore, the FAA proposes to revise § 65.59 to direct compliance with the Aircraft Dispatcher PTS in practical testing. Specifically, proposed § 65.59 will require an aircraft dispatcher to satisfactorily demonstrate the objectives in the areas of operation specified in the Aircraft Dispatcher PTS. Proposed § 65.59 would cross reference the centralized IBR section, § 65.23, for publication information on the PTS. 3. Parachute Riggers Subpart F of part 65 governs the requirements to obtain a senior parachute rigger and master parachute rigger certificate. Both a senior parachute rigger and a master parachute rigger require the passage of an oral and practical test for the issuance of a certificate.72 Likewise, the addition of a type rating to a parachute rigger certificate (i.e., seat, back, chest, and/or lap type rating) requires the certificated parachute rigger to pass a practical test.73 Due to the unique nature of the job duties of a parachute rigger, the regulations have broadly required that the oral and practical test must examine the applicant’s ability to pack and maintain a parachute.74 In practice, the Parachute Rigger PTS is utilized to conduct the oral and practical test for obtaining a senior parachute rigger certificate and master parachute rigger certificate and is also utilized for the practical test for obtaining type ratings for seat, back, chest, and lap. Specifically, the Parachute Rigger PTS contains areas of operation (e.g., packing parachutes, parachute operation and care), which are divided into tasks that are specified as applicable to the certificate and/or rating sought. For example, a task that is only involved in a seat type rating is delineated as such (i.e., Task A: Packing Seat Type Parachute (Seat Type Rating)). Each task lists an objective, which consists of the elements that must be satisfactorily performed to demonstrate competency. Specifically, the objective includes what the applicant must be able to do, the conditions under which the task is to be performed, and the minimum acceptable standards of performance. 72 14 lotter on DSK11XQN23PROD with PROPOSALS1 68 Appendix A of part 65 sets forth the areas of knowledge necessary to perform dispatcher functions, which function as the minimum set of topics that must be covered in a training course for aircraft dispatcher certification. 69 As discussed in section III.A. of this preamble, the FAA removed direct references to the PTS in part 61 as well. 70 83 FR at 30269. 71 The FAA is not inclined to remove Appendix A due to possible unforeseen effects on aircraft dispatcher course curriculum that are already in use and has determined that requiring an aircraft dispatcher course to align their curriculum with the Aircraft Dispatcher PTS would be out of the scope of this rule at this time. VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 CFR 61.115, 61.119. CFR 65.123(b). 74 Pursuant to 14 CFR 65.115, the oral and practical test for a senior parachute rigger certificate requires the applicant to show the ability to pack and maintain at least one type of parachute in common use, appropriate to the type rating sought. Pursuant to 14 CFR 65.119, the oral and practical test for a master parachute rigger certificate requires the applicant to show the ability to pack and maintain two types of parachutes in common use, appropriate to the type rating sought. Pursuant to 14 CFR 65.123, a certificated parachute rigger who applies for an additional type rating must pass a practical test showing the ability to pack and maintain the type of parachute applicable to the type rating sought. 73 14 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 The FAA proposes to revise §§ 65.115 and 65.119 to require the applicant to pass the oral and practical test by satisfactorily demonstrating the objectives in the areas of operation in the Parachute Rigger PTS applicable as appropriate to the respective certificate (i.e., senior parachute rigger, master parachute rigger) and type rating sought. Further, should a certificated parachute rigger apply for an additional type rating (i.e., seat, back, chest, lap), that applicant must pass a practical test appropriate to the type rating sought, pursuant to § 65.123. Because the testing standards for each type rating are contained and specified in the Parachute Rigger PTS, the FAA proposes to revise § 65.123(b) to require that, in order to pass a practical test for an additional type rating, an applicant must satisfactorily demonstrate the objectives in the area of operation applicable to the type rating sought, which are specified in the Parachute Rigger PTS. Sections 65.115, 65.119, and 65.123 will each cross reference the centralized IBR section, § 65.23, for publication information on the Parachute Rigger PTS. The FAA is also proposing minor editorial revisions in §§ 65.115, 65.119, and 65.123 to remove gender references. IV. Regulatory Notices and Analyses Federal agencies consider impacts of regulatory actions under a variety of executive orders and other requirements. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify the costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96–354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96–39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year. The current threshold after adjustment for inflation is $164,000,000, using the most current (2021) Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble E:\FR\FM\12DEP1.SGM 12DEP1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules summarizes the FAA’s analysis of the economic impacts of this rule. In conducting these analyses, the FAA has determined that this rule: will result in benefits that justify costs; is not an economically ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866; will not have a significant economic impact on a substantial number of small entities; will not create unnecessary obstacles to the foreign commerce of the United States; and will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector. A. Regulatory Evaluation 1. Need for the Regulation Through this rulemaking, the FAA is proposing to incorporate by reference (IBR) certain PTSs and ACSs into parts 61, 63, and 65 so the standards carry the full force and effect of regulation. Because of the unique nature of the PTS and ACS documents, which are lengthy and contain complex and technical tables, the FAA proposes the mechanism of IBR. IBR allows Federal agencies to comply with the requirements of the APA to publish rules in the Federal Register and the Code of Federal Regulations by referring to material published elsewhere. Material that is incorporated by reference has the same legal status as if it were published in full in the Federal Register. lotter on DSK11XQN23PROD with PROPOSALS1 2. Baseline for the Analysis Title 14 Code of Federal Regulations (14 CFR) parts 61, 63, and 65 prescribe the requirements for airmen to obtain a certificate and/or rating. Each part contains the general requirements for eligibility, aeronautical knowledge, flight proficiency, and aeronautical experience requirements, as applicable, for each certificate and/or rating sought. This generally includes the requirement to pass a practical test specific to the certificate or rating sought. The PTS and the ACS impose requirements on all persons seeking an airman certificate or rating. The PTS and ACS require an applicant seeking a certificate or rating to complete specific tasks and maneuvers to a minimum given standard in order to obtain the applicable certificate or rating. As such, if an applicant does not perform a task to the prescribed standard, found in the applicable ACS or PTS, the applicant cannot obtain the applicable certificate and rating. Unsatisfactory performance results in a notice of disapproval and/ or denial of the certificate or rating. The PTSs and the ACSs, which are proposed by this rule to be incorporated by VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 reference, are the testing standards that are already in use or the process by which the practical test is conducted. 3. Benefits The mechanism of IBR allows Federal Agencies to comply with the requirement to publish rules in the Federal Register and the CFR by referring to material already published elsewhere.75 IBR functions to substantially reduce the size of the 14 CFR part 61, 63 and 65, which would otherwise require the PTSs and ACSs to be replicated in their entirety into the regulations, resulting in hundreds of additional pages including complex and technical tables that would be unsuitable for the CFR. The FAA would continue to draw on the expertise and resources of the aviation industry to develop and update the testing standards and strengthen private-public collaboration and transparency. IBR would maintain public and private industry collaboration. Additionally, while the practical tests are currently conducted in accordance with the PTSs and ACSs, applicants for a certificate and/or rating, and pilots completing proficiency checks, would be better informed about the exact tasks and objectives required to successfully complete each area of operation because evaluators would be required to test on the exact tasks contained in the applicable PTS and/or ACS. Further, instructors are encouraged to utilize the applicable ACS and/or PTS during training to ensure applicants are equipped with the knowledge and proficiency to successfully complete a practical test or proficiency check. Applicants and instructors are, therefore, benefitted by transparency and specificity in test preparation. 4. Costs The FAA has evaluated the cost impacts to the stakeholders involved in this proposed rulemaking, which includes airmen and the FAA. As discussed in the preceding preamble section, the FAA noted the addition of tasks within four ACSs (Commercial Pilot for Airplane Category ACS, Private Pilot for Rotorcraft Category Helicopter Rating ACS, Commercial Pilot for Rotorcraft Category Helicopter Rating ACS, and Flight Instructor for Rotorcraft Category Helicopter Rating ACS) and determined these additions would have minimal impact. These added tasks may be completed concurrently with tasks already required on the transitioned ACSs and add a negligible amount of 75 IBR Handbook, Office of the Federal Register (July, 2018). PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 75967 time to the requisite practical test. In sum, the FAA anticipates this proposed rule would result in minimal additional cost impacts to airmen and the FAA. Applicants and Airmen The FAA does not anticipate new costs to applicants for an initial certificate and/or rating and existing airmen (e.g., pilots completing proficiency checks, pilots seeking additional certificates and/or ratings) because there are no substantive changes proposed to the testing processes, areas of operation, or elements upon which airmen are currently tested in order to obtain a certificate, as the practical tests are already conducted in accordance with the applicable PTS/ACS. Rather, the FAA is simply incorporating the documents by reference into the regulations to ensure compliance with the APA and provide the public with requisite notice and an opportunity to comment. Therefore, applicants seeking a certificate and/or rating and currently certificated pilots performing proficiency checks will not incur additional costs. The FAA The FAA does not anticipate new costs to the agency because the FAA is not changing the process by which testing is conducted or the manner in which PTSs and ACSs are currently implemented. 5. Regulatory Alternatives The FAA did not consider regulatory alternatives for this proposed rulemaking as there are no legally supportable alternatives to mandating the requirements for airman certification and ensuring consistent standards for airman certificates and ratings. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) of 1980, Public Law 96–354, 94 Stat. 1164 (5 U.S.C. 601–612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111–240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ‘‘small entities’’ comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. E:\FR\FM\12DEP1.SGM 12DEP1 75968 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules The FAA has not identified any small entities that would be affected by the proposed rule because this rule does not affect the content of the practical test or how the practical test is currently conducted. While there are many small entities that employ persons who conduct practical tests on behalf of the Administrator and administer proficiency checks for airmen, there are no changes proposed to these existing procedures and exams, in practice (i.e., evaluators already utilize the applicable ACS and/or PTS). Therefore, for the reasons provided, the FAA certifies that the rule will not have a significant economic impact on a substantial number of small entities. The FAA welcomes comments on the basis for this certification. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96–39), as amended by the Uruguay Round Agreements Act (Pub. L. 103–465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effects of this proposed rule and finds it does not create an unnecessary obstacle to foreign commerce. lotter on DSK11XQN23PROD with PROPOSALS1 D. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ‘‘significant regulatory action.’’ The FAA currently uses an inflation-adjusted value of $164.0 million in lieu of $100 million. The FAA has determined that the proposed rulemaking would not result in the expenditure of $164.0 million or more by State, local, or tribal VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 governments, in the aggregate, or the private sector, in any one year. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there would be no new requirement for information collection associated with this proposed rule. F. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no substantive differences with these proposed regulations. G. Environmental Analysis FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5–6.6f for regulations and involves no extraordinary circumstances. V. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this proposed rule under the principles and criteria of Executive Order (E.O.) 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 proposed rule under E.O. 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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 to have a significant adverse effect on the supply, distribution, or use of energy. C. Executive Order 13609, International Cooperation Executive Order 13609, Promoting International Regulatory Cooperation, promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and to reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policies and agency responsibilities of E.O. 13609, and has determined that this action would have no effect on international regulatory cooperation. VI. Additional Information A. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should 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 proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this proposal in light of the comments it receives. Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this E:\FR\FM\12DEP1.SGM 12DEP1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. B. Electronic Access and Filing A copy of the notice of proposed rulemaking (NPRM), all comments received, any final rule, and all background material may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of this rule will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s website at https:// www.federalregister.gov and the Government Publishing Office’s website at https://www.govinfo.gov. A copy may also be found at the FAA’s Regulations and Policies website at https:// www.faa.gov/regulations_policies. Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue SW, Washington, DC 20591, or by calling (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 in the electronic docket for this rulemaking. List of Subjects lotter on DSK11XQN23PROD with PROPOSALS1 14 CFR Part 61 Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Incorporation by reference, Recreation and recreation areas, Reporting and recordkeeping requirements, Security measures, Teachers. 14 CFR Part 63 Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Incorporation by reference, Navigation (air), Reporting and recordkeeping requirements, Security measures. VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 14 CFR Part 65 Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, Aviation safety, Drug abuse, Incorporation by reference, Reporting and recordkeeping requirements, Security measures. 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 section for part 61 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701–44703, 44707, 44709–44711, 44729, 44903, 45102–45103, 45301–45302; Sec. 2307 Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note). ■ 2. Add § 61.14 to read as follows: § 61.14 Incorporation by Reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Federal Aviation Administration (FAA) and at the National Archives and Records Administration (NARA). Contact FAA at: Airman Testing Standards Branch/Regulatory Support Division, 405–954–4151, AFS630Comments@faa.gov. For information on the availability of this material at 1NARA, visit: www.archives.gov/federal-register/cfr/ ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from the Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, 866–835–5322, www.faa.gov/ training testing. (a) Practical Test Standards. (1) FAA–S–8081–3B, Recreational Pilot Practical Test Standards for Airplane Category and Rotorcraft Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (2) FAA–S–8081–7C, Flight Instructor Practical Test Standards for Rotorcraft Category Gyroplane Rating; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (3) FAA–S–8081–8C, Flight Instructor Practical Test Standards for Glider Category; (date to be included); IBR PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 75969 approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (4) FAA–S–8081–9E, Flight Instructor Instrument Practical Test Standards for Airplane Rating and Helicopter Rating; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (5) FAA–S–8081–15B, Private Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (5) FAA–S–8081–16C, Commercial Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (6) FAA–S–8081–17A, Private Pilot Practical Test Standards for LighterThan-Air Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (7) FAA–S–8081–18A, Commercial Pilot Practical Test Standards for Lighter-Than-Air Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (8) FAA–S–8081–20A, Airline Transport Pilot and Type Rating Practical Test Standards for Rotorcraft Category Helicopter Rating; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (9) FAA–S–8081–22A, Private Pilot Practical Test Standards for Glider Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (10) FAA–S–8081–23B, Commercial Pilot Practical Test Standards for Glider Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (11) FAA–S–8081–29A, Sport Pilot and Sport Pilot Flight Instructor Rating Practical Test Standards for Airplane Category, Rotorcraft Category, and Glider Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (12) FAA–S–8081–30A, Sport Pilot and Sport Pilot Flight Instructor Rating Practical Test Standards for LighterThan-Air Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (13) FAA–S–8081–31A, Sport Pilot and Sport Pilot Flight Instructor E:\FR\FM\12DEP1.SGM 12DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 75970 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Practical Test Standards for Powered Parachute Category and Weight-ShiftControl Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (14) FAA–S–8081–32A, Private Pilot Practical Test Standards for Powered Parachute Category and Weight-ShiftControl Category; (date to be included); IBR approved for §§ 61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this part. (b) Airman Certification Standards. (1) FAA–S–ACS–2, Commercial Pilot for Powered-Lift Category Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (2) FAA–S–ACS–3, Instrument Rating—Powered-Lift Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (3) FAA–S–ACS–6C, Private Pilot for Airplane Category Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (4) FAA–S–ACS–7B, Commercial Pilot for Airplane Category Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (5) FAA–S–ACS–8C, Instrument Rating—Airplane Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (6) FAA–S–ACS–11A, Airline Transport Pilot and Type Rating for Airplane Category Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (7) FAA–S–ACS–13, Private Pilot for Powered-Lift Category Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (8) FAA–S–ACS–14, Instrument Rating—Helicopter Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (9) FAA–S–ACS–15, Private Pilot for Rotorcraft Category Helicopter Rating Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (10) FAA–S–ACS–16, Commercial Pilot for Rotorcraft Category Helicopter Rating Airman Certification Standards; (date to be included); IBR approved for VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (11) FAA–S–ACS–17, Airline Transport Pilot and Type Rating for Powered-Lift Category Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part (12) FAA–S–ACS–25, Flight Instructor for Airplane Category Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (13) FAA–S–ACS–27, Flight Instructor for Powered-Lift Category Airman Certification Standards; FAA– S–ACS–27; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (14) FAA–S–ACS–28, Flight Instructor Instrument Powered-Lift Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. (15) FAA–S–ACS–29, Flight Instructor for Rotorcraft Category Helicopter Rating Airman Certification Standards; (date to be included); IBR approved for §§ 61.43(a), 61.57, 61.58, and Appendix A to this part. ■ 3. Amend § 61.43 by revising paragraphs (a)(1), (a)(2), and (a)(3) to read as follows: currency only by completing an instrument proficiency check. The instrument proficiency check must consist of the areas of operation contained in the applicable Airman Certification Standards (incorporated by reference, see § 61.14); as listed in appendix A of this part as appropriate to the rating held. * * * * * ■ 5. Amend § 61.58 by revising paragraph (d)(1) to read as follows: § 61.43 Practical tests: General procedures. * (a) * * * (1) Performing the tasks specified in the areas of operation contained in the applicable Airmen Certification Standards or Practical Test Standards (incorporated by reference, see § 61.14) as listed in appendix A of this part for the airman certificate or rating sought; (2) Demonstrating mastery of the aircraft by performing each task required by paragraph (a)(1) of this section successfully, (3) Demonstrating proficiency and competency of the tasks required by paragraph (a)(1) of this section within the approved standards; and * * * * * ■ 4. Amend § 61.57 by revising paragraph (d)(1) to read as follows: § 61.57 Recent flight experience: Pilot in command. * * * * * (d) * * * (1) Except as provided in paragraph (e) of this section, a person who has failed to meet the instrument experience requirements of paragraph (c) of this section for more than six calendar months may reestablish instrument PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 § 61.58 Pilot-in-command proficiency check: Operation of an aircraft that requires more than one pilot flight crewmember or is turbojet-powered. * * * * * (d) * * * (1) A pilot-in-command proficiency check conducted by a person authorized by the Administrator, consisting of the areas of operation contained in the applicable Airman Certification Standards or Practical Test Standards (incorporated by reference, see § 61.14) as listed in appendix A of this part appropriate to the rating held, in an aircraft that is type certificated for more than one pilot flight crewmember or is turbojet powered; * * * * * ■ 6. Amend § 61.157 by revising paragraphs (e), (e)(1), (e)(2), and (e)(3) to read as follows. § 61.157 Flight Proficiency. * * * * (e) Areas of Operation. A practical test will include normal and abnormal procedures, as applicable, within the areas of operation for practical tests for an airplane category and powered-lift category rating. (1) For an airplane category—single engine class rating: (i) Preflight preparation; (ii) Preflight procedures; (iii) Takeoffs and Landings; (iv) In-flight maneuvers; (v) Stall Prevention (vi) Instrument procedures; (vii) Emergency operations; and (viii) Postflight procedures. (2) For an airplane category— multiengine class rating: (i) Preflight preparation; (ii) Preflight procedures; (iii) Takeoffs and Landings; (iv) In-flight maneuvers; (v) Stall Prevention (vi) Instrument procedures; (vii) Emergency operations; and (viii) Postflight procedures. (3) For a powered-lift category rating: (i) Preflight preparation; (ii) Preflight procedures; (iii) Takeoffs and Departure phase; (iv) In-flight maneuvers; E:\FR\FM\12DEP1.SGM 12DEP1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules (v) Instrument procedures; (vi) Landings and approaches to landings; (vii) Emergency operations; and (viii) Postflight procedures. * * * * * ■ 7. Amend § 61.321 by revising paragraph (b) to read as follows: § 61.321 How do I obtain privileges to operate an additional category or class of light-sport aircraft? * * * * * (b) Successfully complete a proficiency check from an authorized instructor, other than the instructor who trained you, consisting of the tasks in the appropriate areas of operation contained in the applicable Practical Test Standards (incorporated by reference, see § 61.14) as listed in appendix A of this part for the additional light-sport aircraft privilege you seek; * * * * * ■ 8. Amend § 61.419 by revising paragraph (b) to read as follows: § 61.419 How do I obtain privileges to provide training in an additional category or class of light-sport aircraft? * * * * * (b) Successfully complete a proficiency check from an authorized instructor, other than the instructor who trained you, consisting of the tasks in the appropriate areas of operation contained in the applicable Practical Test Standards (incorporated by reference, see § 61.14) as listed in appendix A of this part for the additional category and class flight instructor privilege you seek; * * * * * ■ 9. Add Appendix A to part 61 to read as follows: Appendix A to Part 61—Airman Certification Standards and Practical Test Standards If you are seeking this certificate, rating, and/or privilege. . . Then this PTS/ACS (incorporated by reference, see § 61.14) is applicable: Airline Transport Pilot Certificate; Airplane Category—Single-Engine Land Rating, Airplane Category—Single-Engine Sea Rating, Airplane Category—Multiengine Land Rating, Airplane Category—Multiengine Sea Rating. Airline Transport Pilot Certificate; Rotorcraft Category—Helicopter Rating. Airline Transport Pilot Certificate; Powered-Lift Category ....................... Airline Transport Pilot and Type Rating for Airplane Category Airman Certification Standards; (date to be included). Commercial Pilot Certificate; Airplane Category—Single-Engine Land Rating, Airplane Category—Single-Engine Sea Rating, Airplane Category—Multiengine Land Rating, Airplane Category—Multiengine Sea Rating. Commercial Pilot Certificate; Rotorcraft Category—Helicopter Rating .... Commercial Pilot Certificate; Rotorcraft Category—Gyroplane Rating ... Commercial Pilot Certificate; Powered-Lift Category ............................... Commercial Pilot Certificate; Glider Category ......................................... Commercial Pilot Certificate; Lighter-Than-Air Category—Airship Rating, Lighter-Than-Air Category—Balloon Rating. Private Pilot Certificate; Airplane Category—Single-Engine Land Rating, Airplane Category—Single-Engine Sea Rating, Airplane Category—Multiengine Land Rating, Airplane Category—Multiengine Sea. Private Pilot Certificate; Rotorcraft Category—Helicopter Rating ............ Private Pilot Certificate; Rotorcraft Category—Gyroplane Rating ........... Private Pilot Certificate; Powered-Lift Category ....................................... Private Pilot Certificate; Glider Category ................................................. lotter on DSK11XQN23PROD with PROPOSALS1 75971 Airline Transport Pilot and Type Rating Practical Test Standards for Rotorcraft Category Helicopter Rating; (date to be included). Airline Transport Pilot and Type Rating for Powered-Lift Category Airman Certification Standards; (date to be included). Commercial Pilot for Airplane Category Airman Certification Standards; (date to be included). Commercial Pilot for Rotorcraft Category Helicopter Rating Airman Certification Standards; (date to be included). Commercial Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating; (date to be included). Commercial Pilot for Powered-Lift Category Airman Certification Standards; (date to be included). Commercial Pilot Practical Test Standards for Glider Category; (date to be included). Commercial Pilot Practical Test Standards for Lighter-Than-Air Category; (date to be included). Private Pilot for Airplane Category Airman Certification Standards; (date to be included). Private Pilot for Rotorcraft Category Helicopter Rating Airman Certification Standards; (date to be included). Private Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating; (date to be included). Private Pilot for Powered-Lift Category Airman Certification Standards; (date to be included). Private Pilot Practical Test Standards for Glider Category; (date to be included). Private Pilot Practical Test Standards for Lighter-Than-Air Category; (date to be included). Private Pilot Practical Test Standards for Powered Parachute Category and Weight-Shift-Control Category; (date to be included). Private Pilot Certificate; Lighter-Than-Air Category—Airship Rating, Lighter-Than-Air Category—Balloon Rating. Private Pilot Certificate; Powered Parachute Category—Land Rating, Powered Parachute Category—Sea Rating, Weight-Shift-Control Aircraft Category—Land Rating, Weight-Shift-Control Aircraft Category—Sea Rating. Recreational Pilot Certificate; Airplane Category—Single-Engine Land Recreational Pilot Practical Test Standards for Airplane Category and Rating, Airplane Category—Single-Engine Sea Rating, Rotorcraft Rotorcraft Category; (date to be included). Category—Helicopter Rating, Rotorcraft Category—Gyroplane Rating. Sport Pilot Certificate; Airplane Category—Single-Engine Land Privi- Sport Pilot and Sport Pilot Flight Instructor Rating Practical Test Standleges, Airplane Category—Single-Engine Sea Privileges, Rotorcraft ards for Airplane Category, Rotorcraft Category, and Glider CatCategory—Gyroplane Privileges, Glider Category. egory; (date to be included). Flight Instructor Certificate with a Sport Pilot Rating; Airplane Category—Single-Engine Privileges, Rotorcraft Category—Gyroplane Privileges, Glider Category. Sport Pilot Certificate; Lighter-Than-Air Category—Airship Privileges, Sport Pilot and Sport Pilot Flight Instructor Rating Practical Test StandLighter-Than-Air Category—Balloon Privileges. ards for Lighter-Than-Air Category; (date to be included). VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\12DEP1.SGM 12DEP1 75972 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Then this PTS/ACS (incorporated by reference, see § 61.14) is applicable: If you are seeking this certificate, rating, and/or privilege. . . Flight Instructor Certificate with a Sport Pilot Rating; Lighter-Than-Air Category—Airship Privileges, Lighter-Than-Air Category—Balloon Privileges. Sport Pilot Certificate; Powered Parachute Category—Land Privileges, Powered Parachute Category—Sea Privileges, Weight-Shift-Control Aircraft Category—Land Privileges, Weight-Shift-Control Aircraft Category—Sea Privileges. Flight Instructor Certificate with a Sport Pilot Rating; Powered Parachute Category Privileges, Weight-Shift-Control Aircraft Category Privileges. Instrument Rating—Airplane, Instrument Proficiency Check—Airplane .. Instrument Rating—Helicopter, Instrument Proficiency Check—Helicopter. Instrument Rating—Powered-Lift, Instrument Proficiency Check—Powered-Lift. Flight Instructor Certificate; Airplane Category—Single Engine Rating, Airplane Category—Multiengine Rating. Flight Instructor Certificate; Rotorcraft Category—Helicopter Rating ...... Flight Instructor Certificate; Rotorcraft Category—Gyroplane Rating ...... Flight Instructor Certificate; Powered-lift Category .................................. Flight Instructor Certificate; Glider Category ............................................ Flight Instructor Certificate; Instrument—Airplane Rating ........................ Instrument—Helicopter Rating ................................................................. Flight Instructor Certificate; Instrument—Powered-Lift Rating ................. Aircraft Type Rating—Airplane ................................................................. Aircraft Type Rating—Helicopter .............................................................. Aircraft Type Rating—Powered-Lift .......................................................... Pilot-in-Command Proficiency Check—Airplane ...................................... Pilot-in-Command Proficiency Check—Helicopter ................................... Pilot-in-Command Proficiency Check—Powered-Lift ............................... PART 63—CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS 10. The authority citation for part 63 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701–44703, 44707, 44709–44711, 45102– 45103, 45301–45302. ■ 11. Revise § 63.39 to read as follows: lotter on DSK11XQN23PROD with PROPOSALS1 § 63.39 Skill requirements. (a) An applicant for a flight engineer certificate with a class rating must pass a practical test in the class of airplane for which a rating is sought. To pass the practical test for a flight engineer certificate, the applicant must satisfactorily demonstrate the objectives in the areas of operation specified in the Flight Engineer Practical Test Standards, referenced in paragraph (c) of this section. The test may only be given on an airplane specified in § 63.37(a). VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 Sport Pilot and Sport Pilot Flight Instructor Rating Practical Test Standards for Powered Parachute Category and Weight-Shift-Control Category; (date to be included). Instrument Rating—Airplane Airman Certification Standards; (date to be included). Instrument Rating—Helicopter Airman Certification Standards; (date to be included). Instrument Rating—Powered-Lift Airman Certification Standards; (date to be included). Flight Instructor for Airplane Category Airman Certification Standards; (date to be included). Flight Instructor for Rotorcraft Category Helicopter Rating Airman Certification Standards; (date to be included). Flight Instructor Practical Test Standards for Rotorcraft Category Gyroplane Rating; (date to be included). Flight Instructor for Powered-Lift Category Airman Certification Standards; (date to be included). Flight Instructor Practical Test Standards for Glider Category; (date to be included). Flight Instructor Instrument Practical Test Standards for Airplane Rating and Helicopter Rating; (date to be included). Flight Instructor Instrument Powered-Lift Rating Airman Certification Standards; (date to be included). Airline Transport Pilot and Type Rating for Airplane Category Airman Certification Standards; (date to be included). Airline Transport Pilot and Type Rating Practical Test Standards for Rotorcraft Category Helicopter Rating; (date to be included). Airline Transport Pilot and Type Rating for Powered-Lift Category Airman Certification Standards; (date to be included). Airline Transport Pilot and Type Rating for Airplane Category Airman Certification Standards; (date to be included). Airline Transport Pilot and Type Rating Practical Test Standards for Rotorcraft Category Helicopter Rating; (date to be included). Airline Transport Pilot and Type Rating for Powered-Lift Category Airman Certification Standards; (date to be included). (b) The applicant must— (1) Show that the applicant can satisfactorily perform preflight inspection, servicing, starting, pretakeoff, and postlanding procedures; (2) In flight, show that the applicant can satisfactorily perform the normal duties and procedures relating to the airplane, airplane engines, propellers (if appropriate), systems, and appliances; and (3) In flight, in an airplane simulator, or in an approved flight engineer training device, show that the applicant can satisfactorily perform emergency duties and procedures and recognize and take appropriate action for malfunctions of the airplane, engines, propellers (if appropriate), systems and appliances. (c) FAA–S–8081–21A, Flight Engineer Practical Test Standards, [date to be included], is incorporated by reference into this section with the approval of the Director of the Federal Register PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 under 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the Federal Aviation Administration (FAA) and the National Archives and Records Administration (NARA). Contact FAA at: Airman Testing Standards Branch/Regulatory Support Division, 405–954–4151, AFS630Comments@faa.gov, www.faa.gov/training_testing. For information on the availability of this material at NARA, visit: www.archives.gov/federal-register/cfr/ ibr-locations.html, or email: fr.inspection@nara.gov. The material may be obtained from FAA, 800 Independence Avenue SW, Washington, DC 20591, 866–835–5322, www.faa.gov/ training_testing. PART 65—CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS 12. The authority citation for part 65 continues to read as follows: ■ E:\FR\FM\12DEP1.SGM 12DEP1 Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Proposed Rules Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701–44703, 44707, 44709–44711, 45102– 45103, 45301–45302. 13. Amend § 65.23 by: a. Redesignating paragraphs (a)(1) and (2) as paragraphs (a)(3) and (4), respectively; and ■ b. Adding new paragraphs (a)(1) and (2) to read as follows: ■ ■ § 65.23 Incorporation by reference. * * * * * (a) * * * (1) FAA–S–8081–10E, Aircraft Dispatcher Practical Test Standards; (date to be included); IBR approved for § 65.59. (2) FAA–S–8081–25C, Parachute Riggers Practical Test Standards; (date to be included); IBR approved for §§ 65.115(c), 65.119(c), and 65.123(b). * * * * * ■ 14. Revise § 65.59 to read as follows: § 65.59 Skill requirements. An applicant for an aircraft dispatcher certificate must pass a practical test given by the Administrator, with respect to any one type of large aircraft used in air carrier operations. To pass the practical test for an aircraft dispatcher certificate, the applicant must satisfactorily demonstrate the objectives in the areas of operation specified in the Aircraft Dispatcher Practical Test Standards (incorporated by reference, see § 65.23). ■ 15. Amend § 65.115 by revising paragraph (c) to read as follows: ratings the applicant seeks. To pass the oral and practical test for a master parachute rigger certificate, the applicant must satisfactorily demonstrate the objectives in the areas of operation applicable to a master parachute rigger specified in the Parachute Rigger Practical Test Standards (incorporated by reference, see § 65.23), as appropriate to the type rating sought. ■ 17. Amend § 65.123 by revising paragraph (b) to read as follows: § 65.123 Additional type ratings: Requirements. * * * * * (b) Pass a practical test, to the satisfaction of the Administrator, showing the applicant’s ability to pack and maintain the type of parachute, appropriate to the type rating sought. To pass the practical test for an additional type rating, the applicant must satisfactorily demonstrate the objectives in the area of operation specified in the Parachute Rigger Practical Test Standards (incorporated by reference, see § 65.23), applicable to the type rating sought. Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on or about December 2, 2022. Caitlin Locke, Acting Deputy Executive Director, Flight Standards Service. [FR Doc. 2022–26762 Filed 12–9–22; 8:45 am] BILLING CODE 4910–13–P § 65.115 Senior parachute rigger certificate: Experience, knowledge, and skill requirements. lotter on DSK11XQN23PROD with PROPOSALS1 * * * * (c) Pass an oral and practical test showing the applicant’s ability to pack and maintain at least one type of parachute in common use, appropriate to the type rating the applicant seeks. To pass the oral and practical test for a senior parachute rigger certificate, the applicant must satisfactorily demonstrate the objectives in the areas of operation applicable to a senior parachute rigger specified in the Parachute Rigger Practical Test Standards (incorporated by reference, see § 65.23), appropriate to the type rating sought. ■ 16. Amend § 65.119 by revising paragraph (c) to read as follows: DEPARTMENT OF TRANSPORTATION * § 65.119 Master parachute rigger certificate: Experience, knowledge, and skill requirements. * * * * * (c) Pass an oral and practical test showing the applicant’s ability to pack and maintain two types of parachutes in common use, appropriate to the type VerDate Sep<11>2014 17:31 Dec 09, 2022 Jkt 259001 Federal Aviation Administration 14 CFR Part 71 Proposed Modification of Class C Airspace at Luis Munoz Marin International Airport, San Juan, PR; Informal Airspace Meeting Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of meeting. AGENCY: This notice announces a factfinding informal airspace meeting regarding a plan to modify the Class C Airspace at Luis Munoz Marin International Airport (TJSJ), San Juan, PR. The meeting will be a virtual format via the Zoom platform. The purpose of the meeting is to solicit aeronautical comments on the proposal’s effects on local aviation operations. All comments received during the meeting, and the subsequent comment period, will be SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 75973 considered prior to the issuance of a notice of proposed rulemaking. DATES: The meeting will be held on Tuesday, February 28, 2023, from 5 to 7 p.m. Atlantic Standard Time (4 to 6 p.m. Eastern Standard Time). Comments must be received on or before March 28, 2023. ADDRESSES: Send comments on the proposal, in triplicate, to: Matthew Cathcart, Acting Manager, Operations Support Group, Eastern Service Area, Air Traffic Organization, Federal Aviation Administration, 1701 Columbia Avenue, College Park, Georgia 30337 or via email to: 9-AJO-ZSU-ClassC-Comments@faa.gov. FOR FURTHER INFORMATION CONTACT: John Melecio, Air Traffic Manager, San Juan CERAP, 5000 Carretera 190, Carolina, Puerto Rico 00979. Telephone Number 787–253–8790. Email: John.Melecio@ faa.gov. SUPPLEMENTARY INFORMATION: Meeting Procedures (a) Registration: To attend the meeting, the public can register here: https://us06web.zoom.us/webinar/ register/WN_dX3NizSvQV-ab1vzFbxnQ. (b) The meeting will be open to all persons on a space-available basis. There is no admission fee or other charge to attend and participate. The meeting will be informal in nature and will be conducted by one or more representatives of the FAA Eastern Service Area. (c) Each participant will be given an opportunity to deliver comments or make a presentation, although a time limit may be imposed. Only comments concerning the plan to modify the San Juan Class C airspace area will be accepted. (d) Each person wishing to make a presentation will be asked to note their intent when registering for the meeting so those time frames can be established. This meeting will not be adjourned until everyone registered to speak has had an opportunity to address the panel. This meeting may be adjourned at any time if all persons present have had an opportunity to speak. (e) Position papers or other handout material relating to the substance of the meeting will be accepted. Participants submitting papers or handout materials should send them to the mail or email address noted in the COMMENTS section, above. (f) The meeting will be available on the FAA YouTube channel. A summary of the comments made at the meeting will be filed in the rulemaking docket. E:\FR\FM\12DEP1.SGM 12DEP1

Agencies

[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Proposed Rules]
[Pages 75955-75973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26762]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, and 65

[Docket No. FAA-2022-1463; Notice No. 23-02]
RIN 2120-AL74


Airman Certification Standards and Practical Test Standards for 
Airmen; Incorporation by Reference

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to revise certain regulations governing 
airman certification. Specifically, the FAA Airman Certification 
Standards and Practical Test Standards are currently utilized as the 
testing standard for practical tests and proficiency checks for persons 
seeking or holding an airman certificate or rating. The FAA proposes to 
incorporate these Airman Certification Standards and Practical Test 
Standards by reference into the certification requirements for pilots, 
flight instructors, flight engineers, aircraft dispatchers, and 
parachute riggers.

DATES: Send comments on or before January 11, 2023.

ADDRESSES: Send comments identified by docket number FAA-2022-1463 
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 
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: Daron Malmborg, Airman Testing 
Standards Branch, AFS-630, Federal Aviation Administration, P.O. Box 
25082, Oklahoma City, OK 73125; (405) 954-4151; [email protected].

SUPPLEMENTARY INFORMATION:

List of Abbreviations and Acronyms Frequently Used in This Document

Administrative Procedure Act (APA)
Airman Certification Standards (ACS)
Airline Transport Pilot (ATP)
Instrument Proficiency Check (IPC)
Instrument Flight Rules (IFR)

[[Page 75956]]

Incorporation by Reference (IBR)
Pilot-in-Command Proficiency Check (PIC PC)
Practical Test Standards (PTS)
Visual Flight Rules (VFR)

Table of Contents

I. Executive Summary
II. Authority for This Rulemaking
III. Discussion of the Proposal
    A. Background and Incorporation by Reference
    B. Part 61: Pilots and Flight Instructors
    C. Part 63: Flight Engineers
    D. Part 65: Aircraft Dispatchers and Parachute Riggers
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
V. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, International Cooperation
VI. Additional Information
    A. Comments Invited
    B. Electronic Access and Filing

I. Executive Summary

    This rulemaking proposes several amendments to parts 61, 63, and 65 
of Title 14 of the Code of Federal Regulations (14 CFR) by 
incorporating by reference (IBR) the Airman Certification Standards 
(ACS) and Practical Test Standards (PTS). The ACSs and PTSs are 
currently utilized as the practical test testing standard for airman 
certificates and ratings. The FAA notes that there are no major 
substantive changes proposed to the testing standards that are already 
in use or the process by which the practical test is conducted. Rather, 
the FAA proposes this rulemaking to bring the ACSs and PTSs into the 
FAA regulations through the proper notice and comment process required 
by the Administrative Procedure Act (APA),\1\ as discussed in section 
III.A. of this preamble.
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    \1\ 5 U.S.C. 551-559.
---------------------------------------------------------------------------

    As explained in section III.B. of this preamble, the FAA proposes 
to IBR thirty (30) pilot and flight instructor ACSs and PTSs in part 61 
by adding a centralized IBR section in new Sec.  61.14. The FAA 
proposes to direct compliance on the respective practical tests and 
proficiency checks with the appropriate ACSs and PTSs through proposed 
revisions in Sec. Sec.  61.43, 61.57, 61.58, 61.321, and 61.419. 
Additionally, the FAA proposes to add an appendix to part 61, which 
will concisely set forth which ACS or PTS is applicable to the 
certificate and/or rating sought or proficiency check to be conducted. 
The FAA is also proposing a nonsubstantive conforming amendment to 
Sec.  61.157 to align the Airline Transport Pilot (ATP) airplane and 
powered-lift flight proficiency areas of operation with the areas of 
operation contained in the ATP and Type Rating for Airplane Category 
ACS and ATP and Type Rating for Powered-Lift Category ACS, 
respectively.
    As explained in section III.C. of this preamble, the FAA proposes 
to revise part 63 to IBR the Flight Engineer PTS by revising Sec.  
63.39. Additionally, the FAA proposes minor editorial revisions to 
remove gender references.
    As explained in section III.D. of this preamble, the FAA proposes 
to revise part 65 to IBR the Aircraft Dispatcher and Parachute Rigger 
PTSs. Specifically, the FAA proposes to add both PTSs to the existing 
centralized IBR section, Sec.  65.23. The FAA proposes to revise the 
appropriate sections in subpart C and subpart F of part 65 (i.e., 
Sec. Sec.  65.59, 65.115, 65.119, 65.123) to require compliance with 
the respective PTS.

II. Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes the authority of the FAA Administrator to promulgate 
regulations and rules. Subtitle VII, Aviation Programs, describes in 
more detail the scope of the agency's authority.
    This proposed rulemaking is promulgated under the authority granted 
to the Administrator in 49 U.S.C. Subtitle VII, Part A, Subpart iii, 
Chapter 401, Section 40113 (prescribing general authority of the 
Administrator of the FAA with respect to aviation safety duties and 
powers to prescribe regulations) and Subpart III, Chapter 447, Sections 
44701 (general authority of 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), 44702 
(general authority of the Administrator to issue airman certificates), 
and 44703 (general authority of 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). This rulemaking proposal is 
within the scope of that authority.

III. Discussion of the Proposal

A. Background and Incorporation by Reference

    Under 49 U.S.C. 44703, the Administrator of the FAA possesses the 
authority to issue airman certificates when the Administrator finds, 
after investigation, that an individual is qualified for and able to 
perform the duties related to the position authorized by the 
certificate.\2\ The Administrator carries out this investigative 
authority through 14 CFR parts 61, 63, and 65, which prescribe the 
requirements for airmen to obtain a certificate and a rating.\3\ Each 
respective part contains the general requirements for eligibility, 
which include aeronautical knowledge, flight proficiency, and 
aeronautical experience, as applicable, for each certificate and/or 
rating sought. This generally includes the requirement to pass a 
practical test \4\ specific to the certificate or rating sought.\5\
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    \2\ By statute, a person may not serve in any capacity as an 
airman with respect to a civil aircraft, aircraft engine, propeller, 
or appliance used, or intended for use, in air commerce without an 
airman certificate authorizing the airman to serve in the capacity 
for which the certificate was issued. 49 U.S.C. 44711. The duties of 
airman are identified in the definition of airman in 49 U.S.C. 
40102.
    \3\ Part 61 prescribes certification requirements for pilots, 
flight instructors, and ground instructors; part 63 prescribes 
certification requirements for flight crewmembers other than pilots; 
part 65 prescribes certification requirements for airmen other than 
flight crewmembers.
    \4\ A practical test is ``a test on the areas of operations for 
an airman certificate, rating, or authorization that is conducted by 
having the applicant respond to questions and demonstrate maneuvers 
in flight, in a flight simulator, or in a flight training device.'' 
14 CFR 61.1. Practical tests are administered by FAA inspectors or 
private persons designated by the Administrator. See 49 U.S.C. 
44702(d).
    \5\ Certain certificates do not require the successful 
completion of a practical test to obtain the certificate. For 
example, a certificate on the basis of military competency requires 
only a military competency aeronautical knowledge test, pursuant to 
Sec.  61.73(b); a ground instructor certificate requires only a 
knowledge test on fundamentals of instructing and certain 
aeronautical knowledge areas, pursuant to Sec.  61.213.
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    Prior to 1997, the FAA set forth certain items to be included on 
the practical test \6\ directly in the regulations of part 61 through 
flight proficiency requirements. Specifically, Sec.  61.43 set forth 
broad areas required to be included in practical tests,\7\ and the 
individual subparts applicable to the

[[Page 75957]]

certificate sought required the practical test to include procedures 
and maneuvers selected by an FAA inspector or evaluator from the flight 
proficiency provisions of that subpart. This resulted in an unclear, 
broad, and discretionary testing framework. In 1995,\8\ the FAA 
proposed to replace the flight proficiency requirements for flight 
training and practical tests with approved areas of operation, more 
general in character than the flight proficiency procedures and 
maneuvers, and simplify the practical test general procedures 
regulations to require performance of the areas of operation. The FAA 
also proposed to remove appendix A and appendix B from part 61, which 
contained the practical test requirements for airplane ATP certificates 
and associated class and type ratings and rotorcraft ATP certificates 
and associated class and type ratings, respectively. The FAA stated 
that the specific tasks for training and practical tests within the new 
areas of operation would then be established through the appropriate 
practical test standard, with the purpose of permitting greater 
flexibility in updating the training and testing maneuvers and 
procedures required of pilot and flight instructor applicants. 
Commenters generally opposed this change, stating that the FAA would be 
able to revise the requirements for certificates and ratings through 
the practical test standards without issuing an NPRM and soliciting 
public comments. Commenters also questioned the compliance of the 
proposal with the APA.\9\ Nevertheless, the FAA adopted the proposal 
and assured the public that the FAA would actively seek public comments 
on future revisions of the PTSs.\10\
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    \6\ Prior to 1997, the FAA referred to ``practical tests'' as 
both ``practical test'' and ``flight test.''
    \7\ For example, these broad areas included: executing 
procedures and maneuvers within the aircraft's performance 
capability and limitations, exercising judgment, applying 
aeronautical knowledge. Before 1997, these broad areas only applied 
to private and commercial certificates; the practical test flight 
proficiency areas for ATP certificates and/or additional type 
ratings were set forth in then-appendices A and B of part 61.
    \8\ NPRM, Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certification Rules, 60 FR 41160 (Aug. 11, 1995).
    \9\ The APA includes requirements for publishing notices and 
providing opportunities for public comment on proposed and final 
rules in the Federal Register. See 5 U.S.C. 553(b).
    \10\ Final Rule, Pilot, Flight Instructor, Ground Instructor, 
and Pilot School Certification Rules, 62 FR 16220 (Apr. 4, 1997).
---------------------------------------------------------------------------

    In the implementation of the areas of operation, the FAA 
established the Practical Test Standards (PTS) to define acceptable 
performance of the flight proficiency required to obtain a certificate 
and/or rating. The PTSs were specific to certain certificates and/or 
ratings sought and incorporated the areas of operation set forth in the 
applicable regulations.\11\ Within the PTS, the areas of operation were 
designated as phases of the practical test, which were further 
extrapolated into tasks comprised of knowledge areas, flight 
procedures, or maneuvers appropriate to the overarching area of 
operation. An evaluator \12\ is responsible for determining whether the 
applicant meets the standards outlined in the objective of each 
required task evaluated in accordance with the respective PTS. While 
developed primarily in response to part 61 revisions, PTSs were also 
published and utilized for testing under parts 63 and 65.\13\
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    \11\ As an example, a PTS was authored for the Commercial 
Pilot--Rotorcraft Category, Helicopter and Gyroplane Class. Within 
the PTS, the areas of operation correspond with the areas of 
operation set forth in 14 CFR 61.127(b)(3) and (4), flight 
proficiency areas of operation for rotorcraft category rating with a 
helicopter class rating and rotorcraft category rating with a 
gyroplane class rating, respectively.
    \12\ As it applies to the particular evaluation, an evaluator is 
considered: an aviation safety inspector; pilot examiner (other than 
administrative pilot examiners); training center evaluator (TCE); 
chief instructor, assistant chief instructor, or check instructor of 
a pilot school holding examining authority; an instrument flight 
instructor conducting an instrument proficiency check; or an 
authorized sport pilot instructor.
    \13\ Specifically, PTSs were developed for Flight Engineers in 
part 63 and Aircraft Dispatchers, Mechanic Technicians, and 
Parachute Riggers in part 65. Because these regulations do not 
specifically set out the areas of operation in the same manner as 
part 61, these PTSs are further described in their respective 
sections of this preamble.
---------------------------------------------------------------------------

    In collaboration with the aviation industry and the FAA's routine 
review processes, the FAA identified the need for a new, systematic 
approach to testing that would (1) provide clearer standards, (2) 
consolidate redundant tasks, and (3) connect the standards for 
knowledge, risk management, and skills to the knowledge and practical 
tests. Therefore, the FAA began to establish the ACSs in 2011 to 
enhance the testing standard for the knowledge and practical tests. The 
goal in creating the ACS was to drive a systematic approach to the 
airman certification process, including knowledge test question 
development and the conduct of the practical test. In cooperation with 
the ACS Working Group, established through the Aviation Rulemaking 
Advisory Committee (ARAC),\14\ the FAA integrated ``aeronautical 
knowledge'' and ``risk management'' elements into the existing areas of 
operations and tasks set forth in the PTS. Therefore, the ACS is a 
comprehensive presentation integrating the standards for what an 
applicant must know, consider, and do to demonstrate proficiency to 
pass the tests required for issuance of the applicable airman 
certificate or rating. The FAA notes that some PTSs have fully 
transitioned to ACSs, rendering those corresponding PTSs obsolete. 
While FAA continues to actively convert the remaining PTSs to ACSs in 
collaboration with the ACS Working Group, FAA will continue to use the 
PTS for some certificates and ratings until the corresponding ACS is 
completed.
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    \14\ The ARAC is a body established under the Federal Advisory 
Committee Act. 5 U.S.C. app. 2. The ARAC ACS Working Group is 
comprised of the FAA, advocacy groups, instructor groups, training 
providers, academic institutions, and labor organizations.
---------------------------------------------------------------------------

    In 2018,\15\ the FAA removed the reference to the practical test 
standards in Sec.  61.43 and broadened the regulatory language to 
encompass the standards set forth in the airman certification 
standards, where applicable (i.e., where ACSs were developed and 
actively utilized for practical tests of certain certificates). The 
regulatory language adopted in 2018 that requires applicants to perform 
the tasks specified in the areas of operation for the airman 
certificate or rating sought is how the regulation is situated today.
---------------------------------------------------------------------------

    \15\ Final Rule, Regulatory Relief: Aviation Training Devices; 
Pilot Certification, Training, and Pilot Schools; and Other 
Provisions, 83 FR 30232 (June 27, 2018).
---------------------------------------------------------------------------

    While FAA did not consider the content of the PTSs and ACSs 
regulatory requirements, as stated in the 2018 final rule,\16\ the PTS 
and the ACS are purposed to impose requirements on all persons seeking 
an airman certificate or rating in parts 61, 63, and 65. As previously 
discussed, the PTS and ACS require an applicant seeking a certificate 
or rating to complete specific tasks and maneuvers to a minimum 
prescribed standard to obtain the applicable certificate or rating.\17\ 
As such, if an applicant does not perform a task to the standard in the 
applicable ACS or PTS, the applicant cannot obtain the applicable 
certificate and rating. Unsatisfactory performance results in a notice 
of disapproval and/or denial of the certificate or rating.
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    \16\ 83 FR at 30269.
    \17\ Examiners are directed to conduct practical tests in 
accordance with the appropriate ACS or PTS pursuant to FAA Order 
8900.1, Vol. 5, Chap. 1, Sec. 4. Additional direction is found in 
the appropriate FAA Order 8900.1 volume, chapter, and section 
pursuant to the applicable certificate or rating sought (e.g., Vol. 
1, Chap. 2, Sec. 7, Conduct a Private Pilot Certification, Including 
Additional Category/Class Ratings, directs an examiner to conduct 
the practical test in accordance with the private pilot PTS in 
paragraph 5-382).
---------------------------------------------------------------------------

    Because of the regulatory nature that the PTSs and ACSs are 
purposed for, through this proposed rulemaking, the FAA is proposing to 
IBR the ACSs and PTSs into parts 61, 63, and 65 so that the standards 
carry the full force and effect of regulation. Due to the unique nature 
of the PTS and ACS documents, which are lengthy and contain complex and 
technical tables, the FAA proposes to IBR these standards rather than

[[Page 75958]]

reproduce the documents in their entirety into the Code of Federal 
Regulations (CFR), as is subsequently discussed.
    IBR is a mechanism that allows Federal agencies to comply with the 
requirements of the APA to publish rules in the Federal Register and 
the CFR by referring to material published elsewhere.\18\ Material that 
is incorporated by reference has the same legal status as if it were 
published in full in the Federal Register.
---------------------------------------------------------------------------

    \18\ 5 U.S.C. 552(a), which states, ``except to the extent that 
a person has actual or timely notice of the terms thereof, a person 
may not in any manner be required to resort to, or be adversely 
affected by, a matter required to be published in the Federal 
Register and not so published. For the purpose of this paragraph, 
matter reasonably available to the class of persons affected thereby 
is deemed published in the Federal Register when incorporated by 
reference therein with the approval of the Director of the Federal 
Register.
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    In accordance with 5 U.S.C. 552(a) and 1 CFR part 51,\19\ the FAA 
makes the ACSs and PTSs reasonably available to interested parties by 
providing free online public access to view on the FAA Training and 
Testing website at www.faa.gov/training_testing. The ACSs and PTSs are 
available for download, free of charge, at the provided web address. 
The FAA will continue to provide the ACSs and PTSs to interested 
parties in this manner. In addition to the free online material on the 
FAA's website, hard copies and printable versions are available from 
the FAA. Additionally, all ACSs and PTSs proposed to be incorporated by 
reference are contained in the docket for this NPRM for inspection.
---------------------------------------------------------------------------

    \19\ 5 U.S.C. 552(a) requires that matter incorporated by 
reference be ``reasonably available'' as a condition of its 
eligibility. Further, 1 CFR 51.5(a)(2) requires that agencies 
seeking to incorporate material by reference discuss in the preamble 
of the proposed rule the ways that the material it proposes to 
incorporate by reference is reasonably available to interested 
parties and how interested parties can obtain the material.
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    The FAA emphasizes that, in practice, practical tests and 
proficiency checks are already conducted in accordance with the 
applicable ACS or PTS, and there are no changes proposed to current 
testing processes or procedures. Additional information regarding each 
PTS and ACS (including summaries of each publication), revisions to the 
PTSs, transition of PTSs to ACSs, and ACSs introduced in this proposed 
rule may be found in section III.B.1 of this preamble.

B. Part 61: Pilots and Flight Instructors

1. Centralized Incorporation by Reference
    The FAA proposes to IBR thirty (30) PTSs and ACSs into part 61. 
Rather than listing the standard, publishing information, and approval 
language in each affected section of part 61, the FAA proposes the 
creation of a centralized IBR section in new Sec.  61.14 to streamline 
the regulatory text and avoid repetitive information in the 
regulations. The centralized IBR section would contain the IBR approval 
language and the standards' publishing information.\20\ Section 
61.14(a) would set forth the list of ACSs and PTSs to be incorporated 
by reference.
---------------------------------------------------------------------------

    \20\ 1 CFR 51.9 sets forth the language required to IBR a 
standard. While this language is only formally approved at the final 
rule stage, this proposed rule includes all required final rule 
language for transparency and consistency.
---------------------------------------------------------------------------

    The centralized IBR section in new Sec.  61.14 would not contain 
instructions for using the standards; rather, Sec.  61.43, as 
subsequently discussed, would set forth the compliance requirements 
with the standards as they pertain to the practical test and Sec. Sec.  
61.57, 61.58, 61.321, and 61.419 would set forth the compliance 
requirements with the standards as they pertain to certain proficiency 
checks. The sections promulgating compliance would cross-reference to 
the centralized IBR section, Sec.  61.14.
    The standards contained in the centralized IBR section include 15 
ACSs and 15 PTSs, as follows: \21\
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    \21\ The FAA notes that dates will be added to the regulatory 
text to aid with version and document identification at the Final 
Rule stage, which will precisely reflect the effectivity date of the 
PTSs and ACSs.
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     Airline Transport Pilot and Type Rating for Airplane 
Category Airman Certification Standards; FAA-S-ACS-11A.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for airline transport 
pilot and type rating certification in the airplane category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoffs and Landings; In-flight 
Maneuvers; Stall Prevention; Instrument Procedures; Emergency 
Operations; and Postflight Procedures.
     Airline Transport Pilot and Type Rating Practical Test 
Standards for Rotorcraft Category Helicopter Rating; FAA-S-8081-20A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the airline transport pilot and type rating practical 
tests for helicopters.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoff and Departure Phase; 
Inflight Maneuvers; Instrument Procedures; Landings and Approaches to 
Landings; Normal and Abnormal Procedures; Emergency Procedures; and 
Postflight Procedures.
     Airline Transport Pilot and Type Rating for Powered-Lift 
Category Airman Certification Standards; FAA-S-ACS-17.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for airline transport 
pilot and type rating certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Takeoffs and Departure Phase; In-
flight Maneuvers; Instrument Procedures; Landings and Approaches to 
Landings; Emergency Operations; and Postflight Procedures.
     Commercial Pilot for Airplane Category Airman 
Certification Standards; FAA-S-ACS-7B.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the commercial rating 
in the airplane category, single-engine land and sea; and multiengine 
land and sea classes.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers 
and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
High-Altitude Operations; Emergency Operations; Multiengine Operations; 
and Postflight Procedures.
     Commercial Pilot for Rotorcraft Category Helicopter Rating 
Airman Certification Standards; FAA-S-ACS-16.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for a commercial pilot 
certification in the rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Emergency Operations; Special Operations; and 
Postflight Procedures.
     Commercial Pilot Practical Test Standards for Rotorcraft 
Category Gyroplane Rating; FAA-S-8081-16C.
    [cir] This PTS establishes the aeronautical knowledge, special

[[Page 75959]]

emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot practical test for the rotorcraft 
category gyroplane class.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuvers, Navigation; Flight at 
Slow Airspeeds; Emergency Procedures; and Postflight Procedures.
     Commercial Pilot for Powered-Lift Category Airman 
Certification Standards; FAA-S-ACS-2.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for commercial pilot 
certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Slow Flight and Stalls; Emergency Operations; 
High-Altitude Operations; Special Operations; and Postflight 
Procedures.
     Commercial Pilot Practical Test Standards for Glider 
Category; FAA-S-8081-23B.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot certification practical test for the 
glider category.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Gliderport Operations; 
Launches and Landings; Performance Maneuvers; Soaring Techniques; 
Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency 
Operations; and Postflight Procedures.
     Commercial Pilot Practical Test Standards for Lighter-
Than-Air Category; FAA-S-8081-18A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the commercial pilot certification practical tests for 
the lighter-than-air category, balloon and airship classes.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subjects; Preflight Preparation; 
Preflight Lesson on a Maneuver to be Performed in Flight; Preflight 
Procedures; Airport Operations; Launches and Landings; Performance 
Maneuvers; Navigation; Emergency Operations; and Postflight Procedures.
     Private Pilot for Airplane Category Airman Certification 
Standards; FAA-S-ACS-6C.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the private pilot 
certification in airplane category, single-engine land and sea; and 
multiengine land and sea classes.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuvers 
and Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Basic Instrument Maneuvers; Emergency Operations; Multiengine 
Operations; Night Operations; and Postflight Procedures.
     Private Pilot for Rotorcraft Category Helicopter Rating 
Airman Certification Standards; FAA-S-ACS-15.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the Rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Navigation; Emergency Operations; Night Operations; and 
Postflight Procedures.
     Private Pilot Practical Test Standards for Rotorcraft 
Category Gyroplane Rating; FAA-S-8081-15B.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot practical test for the rotorcraft 
category, gyroplane class.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuver, Ground Reference 
Maneuvers; Navigation; Flight at Slow Airspeeds; Emergency Operations; 
and Postflight Procedures.
     Private Pilot for Powered-Lift Category Airman 
Certification Standards; FAA-S-ACS-13.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Heliport Operations; 
Hovering Maneuvers; Takeoffs, Landings, and Go-Arounds; Performance 
Maneuvers; Ground Reference Maneuvers; Navigation; Slow Flight and 
Stalls; Basic Instrument Maneuvers; Emergency Operations; Night 
Operations; and Postflight Procedures.
     Private Pilot Practical Test Standards for Glider 
Category; FAA-S-8081-22A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot certification practical test for the 
glider category.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Gliderport Operations; 
Launches and Landings; Performance Airspeeds; Soaring Techniques; 
Performance Maneuvers; Navigation; Slow Flight and Stalls; Emergency 
Operations; and Postflight Procedures.
     Private Pilot Practical Test Standards for Lighter-Than-
Air Category; FAA-S-8081-17A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot certification practical tests for the 
lighter-than-air category, balloon and airship classes.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Launches and 
Landings; Performance Maneuvers; Navigation; Emergency Operations; and 
Postflight Procedures.
     Private Pilot Practical Test Standards for Powered 
Parachute Category and Weight-Shift-Control Category; FAA-S-8081-32A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the private pilot practical tests for powered parachute 
and weight shift control.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; 
Ground Reference Maneuvers; Navigation; Emergency Operations; Night 
Operations; and Postflight Procedures.
     Recreational Pilot Practical Test Standards for Airplane 
Category and Rotorcraft Category; FAA-S-8081-3B.

[[Page 75960]]

    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the recreational pilot practical tests for airplane, 
rotorcraft/helicopter, and rotorcraft/gyroplane.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landing, and Go-Arounds; Performance Maneuvers; 
Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Emergency Operations; and Postflight Procedures.
     Sport Pilot and Sport Pilot Flight Instructor Practical 
Test Standards for Airplane Category, Rotorcraft Category, and Glider 
Category; FAA-S-8081-29A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the airplane, gyroplane, glider, and flight instructor.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; 
Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Emergency Operations; and Postflight Procedures.
     Sport Pilot and Sport Pilot Flight Instructor Practical 
Test Standards for Lighter-Than-Air Category; FAA-S-8081-30A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the airship, balloon, flight instructor.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport Operations; Takeoffs, 
Landings, and Go-Arounds; Performance Maneuver; Ground Reference 
Maneuvers; Navigation; Emergency Operations; and Postflight Procedures.
     Sport Pilot and Sport Pilot Flight Instructor Practical 
Test Standards for Powered Parachute Category and Weight-Shift Control 
Category; FAA-S-8081-31A.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the sport pilot practical tests and proficiency checks 
for the weight-shift control, powered parachute, and flight instructor.
    [cir] This PTS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Airport and Seaplane Base 
Operations; Takeoffs, Landings, and Go-Arounds; Performance Maneuver; 
Ground Reference Maneuvers; Navigation; Slow Flight and Stalls; 
Emergency Operations; and Postflight Procedures.
     Instrument Rating--Airplane Airman Certification 
Standards; FAA-S-ACS-8C.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the instrument rating in the airplane category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control Clearances and 
Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
     Instrument Rating--Helicopter Airman Certification 
Standards; FAA-S-ACS-14.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the instrument rating 
helicopter.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control Clearances and 
Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
     Instrument Rating--Powered-Lift Airman Certification 
Standards; FAA-S-ACS-3.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for private pilot 
certification in the instrument rating in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: Preflight 
Preparation; Preflight Procedures; Air Traffic Control Clearances and 
Procedures; Flight by Reference to Instruments; Navigation Systems; 
Instrument Approach Procedures; Emergency Operations; and Postflight 
Procedures.
     Flight Instructor for Airplane Category Airman 
Certification Standards; FAA-S-ACS-25.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the airplane category.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Seaplane Base Operations; Takeoffs, 
Landings, and Go-Arounds; Fundamentals of Flight; Performance and 
Ground Maneuvers, Slow Flight, Stalls, and Spins; Basic Instrument 
Maneuvers; Emergency Operations; Multiengine Operations; and Postflight 
Procedures.
     Flight Instructor for Rotorcraft Category Helicopter 
Rating Airman Certification Standards; FAA-S-ACS-29.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the rotorcraft category helicopter rating.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Helicopter Operations; Hovering 
Maneuvers; Takeoffs, Landings, and Go-Arounds; Fundamentals of Flight; 
Performance Maneuvers, Emergency Operations; Special Operations; and 
Postflight Procedures.
     Flight Instructor Practical Test Standards for Rotorcraft 
Category Gyroplane Rating; FAA-S-8081-7C.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
the rotorcraft category, gyroplane class.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subjects; Preflight Preparation; 
Preflight Lesson on a Maneuver to be Performed in Flight; Preflight 
Procedures; Airport Operations; Takeoffs, Landings, and Go-Arounds; 
Fundamentals of Flight; Performance Maneuvers; Flight at Slow 
Airspeeds; Ground Reference Maneuvers; Emergency Operations; and 
Postflight Procedures.
     Flight Instructor for Powered-Lift Category Airman 
Certification Standards; FAA-S-ACS-27.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
certificate in the powered-lift category.

[[Page 75961]]

    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Heliport Operations; Hovering 
Maneuvers; Takeoffs, Landings, and Go-Arounds; Fundamentals of Flight; 
Performance Maneuvers; Ground Reference Maneuvers; Slow Flight and 
Stalls; Basic Instrument Maneuvers; Emergency Operations; Special 
Operations; and Postflight Procedures.
     Flight Instructor Practical Test Standards for Glider 
Category; FAA-S-8081-8C.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
the glider category.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Preflight Procedures; Airport and Gliderport Operations; Launches and 
Landings; Fundamentals of Flight; Performance Airspeeds; Soaring 
Techniques; Performance Maneuvers; Slow Flight, Stalls, and Spins; 
Emergency Operations; and Postflight Procedures.
     Flight Instructor Instrument Practical Test Standards for 
Airplane Rating and Helicopter Rating; FAA-S-8081-9E.
    [cir] This PTS establishes the aeronautical knowledge, special 
emphasis areas considered critical to flight safety, and proficiency 
standards for the flight instructor certification practical tests for 
airplane and helicopter ratings.
    [cir] This PTS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Air Traffic Control Clearances and Procedures; Flight by Reference to 
Instruments; Navigation Aids; Instrument Approach Procedures; Emergency 
Operations; and Postflight Procedures.
     Flight Instructor Instrument Powered-Lift Airman 
Certification Standards; FAA-S-ACS-28.
    [cir] This ACS communicates the aeronautical knowledge, risk 
management, and flight proficiency standards for the flight instructor 
instrument rating in the powered-lift category.
    [cir] This ACS contains the following Areas of Operation: 
Fundamentals of Instructing; Technical Subject Areas; Preflight 
Preparation; Preflight Lesson on a Maneuver to be Performed in Flight; 
Air Traffic Control Clearances and Procedures; Flight by Reference to 
Instruments; Navigation Aids; Instrument Approach procedures; Emergency 
Operations; and Postflight Procedure.
    The FAA notes that the ACSs and PTSs that the agency proposes to 
IBR may be categorized into three groups, described herein. First, for 
the majority of the ACSs and PTSs, the FAA has updated version numbers 
from the versions that are currently in use by the regulated community 
(e.g., applicants and examiners). The ACSs and PTSs with updated 
version numbers reflect minor updates, including grammatical or 
clerical corrections, updated regulatory citations, and organizational 
revisions.\22\ However, there are no major substantive revisions or 
additional requirements in the updated ACSs and PTSs incorporated by 
reference that the regulated community must resort to with this 
proposed rulemaking. Additionally, the FAA has updated the titles to 
certain ACSs and PTSs to more consistently reflect the precise category 
and/or rating that the ACS and PTS applies to. The FAA has also drafted 
an ACS companion guide providing guidance on certain nonregulatory and 
technical information removed from the ACSs during the update, which 
may be found in the docket to this rulemaking.
---------------------------------------------------------------------------

    \22\ The FAA notes that each PTS and ACS contains front matter 
that provides revision history and a record of changes, which are 
available for inspection in the docket for this proposed rule.
---------------------------------------------------------------------------

    Second, as discussed in section III.A., the FAA is actively 
converting the PTSs to ACSs across all airman certificates and ratings. 
Therefore, several ACSs proposed to be incorporated by reference as 
part of this rulemaking are currently not used as the FAA testing 
standard. The FAA is proposing that these ACSs would replace the 
existing PTSs as part of the final rule.
    In the interest of transparency, the FAA does note four ACSs that 
added tasks during the transition from PTS to ACS. Specifically, the 
four ACSs affected are: (1) the Commercial Pilot for Airplane Category 
ACS, which adds the Forward Slip to the Landing task in accordance with 
the Private Pilot for Airplane Category ACS, Area of Operation IV, Task 
M for applicants who do not hold an airman certificate with an airman 
certificate with an airplane category rating and a single-engine class 
rating and are applying for a commercial certificate in the airplane 
category with a single engine rating (land or sea); (2) the Private 
Pilot for Rotorcraft Category Helicopter Rating ACS, which adds the 
Approach and Landing with One Engine Inoperative task, Area of 
Operation VII, Task C; (3) the Commercial Pilot for Rotorcraft Category 
Helicopter Rating ACS, which adds three tasks: first, the Anti-Torque 
System Failure (Oral Only) task, Area of Operation VIII, Task G; 
second, the Recovery from Unusual Flight Attitudes task, Area of 
Operation VIII, Task L; and, third, Night Operations task, Area of 
Operation IX, Task C; and (4) Flight Instructor for Rotorcraft Category 
Helicopter Rating ACS, which adds the Recovery from Unusual Flight 
Attitudes task, Area of Operation XI, Task D. The FAA has evaluated 
these tasks in terms of substantive additions to the practical test, 
and has determined these additions are of minimal impact. In other 
words, these added tasks, which have been determined as crucial to 
evaluation in the interest of safety, may be completed concurrently 
with tasks already required on the transitioned ACSs and, therefore, 
only add a negligible amount of time to the requisite practical test.
    Notwithstanding these minimal additions, the conversion of PTS to 
ACS does not markedly change the substantive material to be tested on 
the practical test. The ACS is intended to more concisely capture the 
testing elements contained in the PTS, and the coding structure of the 
ACS provides greater detailed information for instructors and 
evaluators, particularly in areas missed on a knowledge test or not 
satisfactorily completed on a practical test. In sum, while the 
specific elements of the ACS and PTS may not precisely align (e.g., 
broad topics of managing risk and situational awareness in the PTS have 
been put in context of risk management elements on the ACS), the 
performance of tasks required, as well as the standard for satisfactory 
completion, remains generally unchanged, unless otherwise noted in the 
ACS.
    Third, the FAA notes that there are six (6) new powered-lift ACSs 
proposed to be incorporated by reference, including: (1) ATP and Type 
Rating for Powered-Lift Category, (2) Commercial Pilot for Powered-Lift 
Category, (3) Private Pilot for Powered-Lift Category, (4) Instrument 
Rating--Powered-Lift, (5) Flight Instructor for Powered-Lift Category, 
and (6) Flight Instructor Instrument Powered-Lift. As with the other 
ACSs, most of the Powered-Lift ACSs were drafted based on input from

[[Page 75962]]

industry and the ACS Working Group,\23\ and align with the areas of 
operation promulgated by the regulations for the respective 
certificates and/or ratings.\24\ Because these ACSs are newly drafted, 
the FAA invites comments in particular on the six powered-lift ACSs.
---------------------------------------------------------------------------

    \23\ The FAA notes the Private Powered-Lift ACS and Flight 
Instructor Instrument Powered-Lift ACS were drafted prior to the 
receipt of an ACS from the ACS Working Group. The FAA emphasizes 
that these two ACSs were largely informed by Powered-Lift ACSs that 
the ACS Working Group had submitted.
    \24\ For example, the private pilot powered-lift ACS areas of 
operation align with the flight proficiency areas of operation for a 
private pilot powered-lift category rating in 14 CFR 61.107(b)(5).
---------------------------------------------------------------------------

2. Pilot and Flight Instructor Practical Tests
    Section 61.43 contains the general procedures for the practical 
test, including the parameters for the successful completion of a 
practical test.\25\ As discussed in section III.A., completion of the 
practical test for a certificate or rating consists of performing the 
tasks specified in the areas of operation for the airman certificate or 
rating sought,\26\ among other requirements. The FAA proposes to revise 
the language in Sec.  61.43(a)(1) to direct compliance with the 
applicable PTS or ACS.\27\ Specifically, completion of the practical 
test for a certificate or rating would consist of performing the tasks 
specified in the areas of operation contained in the applicable ACS or 
PTS for the airman certificate or rating sought. Additionally, the FAA 
proposes to revise Sec.  61.43(a)(2) and (3) to clarify that the tasks 
and standards referred to in each respective subparagraph are those 
delineated in Sec.  61.43(a)(1).
---------------------------------------------------------------------------

    \25\ 14 CFR 61.43(a).
    \26\ 14 CFR 61.43(a)(1).
    \27\ Section 14 CFR 141.67(c) requires tests given by pilot 
schools with examining authority to be approved by the Administrator 
and be at least equal in scope, depth, and difficulty to the 
comparable knowledge and practical tests prescribed by the 
Administrator under 14 CFR part 61. The FAA is not proposing a 
corresponding change to part 141 in light of the changes to Sec.  
61.43(a). However, the FAA notes that the reference in Sec.  
141.67(c) to part 61 means that for a test to be at least equal in 
scope, depth, and difficulty to the FAA practical test, the test 
must have requirements and standards that are at least equivalent to 
those in the applicable ACS or PTS (as already occurs in practice).
---------------------------------------------------------------------------

    Additionally, in order to clearly define which ACS or PTS an 
applicant is subject to, the FAA proposes to add an appendix (Appendix 
A) to part 61. The appendix will function to aid applicants and 
evaluators in identifying which ACS or PTS must be utilized for the 
certificate and/or rating the applicant seeks. Therefore, proposed 
appendix A to part 61 provides a table containing an list of all part 
61 certificates, ratings, and proficiency checks, and directs which PTS 
or ACS is applicable. The proposed revision to Sec.  61.43(a)(1) 
contains both a reference to the centralized IBR section in Sec.  61.14 
and a reference to appendix A for PTS/ACS applicability.
3. Proficiency Checks
    Proficiency checks are a type of review of a pilot's proficiency 
that is generally required to maintain existing privileges, but also 
required to add privileges in the case of sport pilot certificates. 
Although a proficiency check differs from an initial test for 
certification (i.e., a practical test), which determines a pilot's 
qualification to hold a certificate or rating, pilots completing 
proficiency checks are similarly evaluated against ACSs and PTSs; 
therefore, the FAA finds that conforming amendments are necessary to 
proficiency checks as well. Specifically, the FAA proposes to require 
that instrument proficiency checks (IPC) under Sec.  61.57(d), pilot-
in-command proficiency checks (PIC PC) under Sec.  61.58, and sport 
pilot proficiency checks under Sec. Sec.  61.321 and 61.419 be 
conducted according to the appropriate ACS or PTS, respectively, 
through minor revisions to the applicable section and cross-references 
to the centralized IBR section.
i. Instrument Proficiency Check
    Section 61.57 sets forth the requirements of recent flight 
experience to act as pilot in command of an aircraft. To act as PIC 
under Instrument Flight Rules (IFR) or weather conditions less than the 
minimums prescribed for Visual Flight Rules (VFR), a PIC must complete 
certain instrument experience within a specified time.\28\ A person who 
has failed to meet these instrument experience requirements for more 
than six calendar months \29\ may only reestablish currency by 
completing an IPC, pursuant to Sec.  61.57(d).\30\ Prior to 1997, an 
IPC \31\ was broadly referred to in the regulations and did not require 
any specific checking areas, tasks, or operational characteristics. In 
1997, the FAA clarified the tasks and maneuvers upon which IPC were to 
be conducted. Specifically, the FAA revised Sec.  61.57(d) to require 
that the IPC include a representative number of the tasks required by 
the instrument rating practical test. The reference to ``tasks required 
by the instrument rating practical test'' was understood to embody the 
tasks that were referred to in Sec.  61.43(a)(1), which referred to 
those tasks contained in the practical test standards.\32\
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    \28\ 14 CFR 61.57(c).
    \29\ A person who has failed to meet the experience requirements 
for fewer than six months may not act as PIC under IFR or the 
weather conditions less than the minimums prescribed for VFR but may 
reestablish instrument privileges by performing the required 
instrument experience in Sec.  61.57(c) in an aircraft in actual 
instrument conditions with someone qualified to act as PIC, in 
simulated instrument conditions with a safety pilot, or in a full 
flight simulator, flight training device, or aviation training 
device as permitted in Sec.  61.57(c)(2).
    \30\ There are certain exceptions to the general requirements of 
establishing instrument proficiency, which are provided in 14 CFR 
61.57(e).
    \31\ Instrument proficiency checks were termed as ``instrument 
competency checks'' prior to the 1997 final rule. See 62 FR at 
16253.
    \32\ 62 FR at 16253.
---------------------------------------------------------------------------

    As discussed in section III.A. of this preamble, in 2018, the FAA 
removed references to the practical test standards in the 
regulations.\33\ Likewise, the FAA found that, for consistency, it was 
inappropriate to reference the areas of operation and instrument tasks 
in the instrument rating PTS. Therefore, in the 2018 rulemaking, the 
FAA revised Sec.  61.57(d) to list the areas of operation for an IPC 
\34\ and noted that the proficiency check would still be driven by the 
standards for the initial issuance of an instrument rating.\35\
---------------------------------------------------------------------------

    \33\ 83 FR at 30269.
    \34\ The areas of operation listed in the regulation for an IPC 
were consistent with six of the eight areas of operation for an 
initial instrument rating in Sec.  61.65(c). 83 FR 30232.
    \35\ Id.
---------------------------------------------------------------------------

    In practice, the person administering an IPC \36\ utilizes the 
appropriate instrument PTS or ACS.\37\ Currently, there is both an 
active PTS and ACS for instrument rating practical tests. Airplane 
Instrument Rating practical tests are conducted via the Instrument 
Rating--Airplane ACS (FAA-S-ACS-8B), while Helicopter Instrument Rating 
and Powered-Lift Instrument Rating practical tests are conducted via 
the Instrument Rating Practical Test Standards for Airplane, 
Helicopter, and Powered-Lift (FAA-S-8081-4E with Changes 1, 2, 3, 4 & 
5). The FAA notes that the current PTS still contains the Airplane 
portion; however, this portion has been superseded by the ACS. While 
previously stated that the IPC in practice currently utilizes the PTS 
or ACS dependent on the rating held, as part of this rulemaking, the 
FAA proposes to transition to an Instrument Rating--Helicopter ACS and 
Instrument Rating--Powered-Lift ACS; therefore, all IPCs would use an 
ACS. The instrument ACSs contain a table that sets forth the minimum 
number of tasks that must be selected during a check to ensure the 
instrument proficiency of the pilot to operate under IFR or in weather

[[Page 75963]]

conditions less than the minimums for VFR.\38\
---------------------------------------------------------------------------

    \36\ See 14 CFR 61.57(d)(3).
    \37\ See FAA Order 8900.1, Vol. 5, Chap. 2, Sec. 3.
    \38\ For example, in the Instrument Rating--Airplane ACS, a 
proficiency check must consist of, at the minimum: Task B in Area of 
Operation III; Task B in Area of Operation IV; Task A in Area of 
Operation V; all Tasks in Area of Operation VI; Tasks B, C, and D in 
Area of Operation VII; and all tasks in Area of Operation VIII.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise Sec.  61.57(d)(1) to 
precisely reflect the standards that an IPC must consist of by stating 
that the IPC must consist of the areas of operation contained in the 
applicable ACS as appropriate to the rating held. The authorized 
instructor will utilize the aforementioned tables within the 
appropriate ACS to check the pilot, and the pilot will have notice and 
understanding of which tasks the pilot is expected to perform. The 
proposed revision to Sec.  61.57(d)(1) contains both a cross-reference 
to the centralized IBR section in Sec.  61.14 and a cross-reference to 
appendix A for ACS applicability. The FAA emphasizes that there are no 
major substantive changes to the proficiency check process or tasks 
required to be conducted during an IPC as a result of this proposal.
ii. Pilot-in-Command Proficiency Check
    Section 61.58 sets forth the requirements for a PIC PC for the 
operation of an aircraft that requires more than one pilot flight 
crewmember or is turbojet-powered. With certain exceptions,\39\ to 
serve as PIC of these aircraft, a person must complete a PIC PC in the 
aircraft within the preceding 12 calendar months and also complete a 
PIC PC in the particular type of aircraft in which the person will 
serve as PIC within the preceding 24 calendar months.\40\ One manner by 
which the PIC PC may be accomplished is through satisfactory completion 
of a PIC PC consisting of the aeronautical knowledge areas, areas of 
operations, and tasks required for a type rating in an aircraft that is 
type certificated for more than one pilot flight crewmember or is 
turbojet powered.\41\
---------------------------------------------------------------------------

    \39\ See 14 CFR 61.58(b), which excepts persons conducting 
operations under subpart K of part 91, part 121, 125, 133, 135, or 
137, or persons maintaining continuing qualification under an 
Advanced Qualification program approved under subpart Y of part 121 
from the requirements of Sec.  61.58.
    \40\ 14 CFR 61.58.
    \41\ 14 CFR 61.58(d)(1).
---------------------------------------------------------------------------

    The FAA has required proficiency checks for PICs operating aircraft 
that require more than one pilot since 1973.\42\ At that time, the PIC 
PCs were required to include the maneuvers, procedures, and standards 
required for the original issuance of a type rating for the aircraft 
used in the check.\43\ In 2011, the FAA revised Sec.  61.58 to also 
require a PIC of a turbojet-powered aircraft to receive an annual pilot 
proficiency check and revised the proficiency check parameters to 
consist of the aeronautical knowledge areas, areas of operation, and 
tasks required for a type rating.\44\ Today, in practice, a person 
authorized by the Administrator conducts the PIC PC under Sec.  
61.58(d)(1) by checking the pilot's performance of specified maneuvers 
and procedures in the applicable ACS or PTS, based on the pilot's 
certificates and ratings held (i.e., because the ACS or PTS is used to 
delineate the tasks required for a type rating on a practical test, the 
ACS or PTS is also used for the proficiency check).\45\
---------------------------------------------------------------------------

    \42\ Final Rule, Miscellaneous Amendments, 38 FR 3161 (Feb. 1, 
1973). 14 CFR 61.58(d)(1) was originally promulgated in 1973 as 
Sec.  61.58(c)(1).
    \43\ In 1997, the FAA revised Sec.  61.58(c)(1) to become Sec.  
61.58(d)(1) and delineated that the proficiency check must consist 
of the maneuvers and procedures required for a type rating. 62 FR 
16220.
    \44\ Final Rule, Pilot in Command Proficiency Check and Other 
Changes to Pilot and Pilot School Certification Rules, 76 FR 54095 
(Aug. 31, 2011).
    \45\ See FAA Order 8900.1, Volume 5, Chapter 1, Section 20.
---------------------------------------------------------------------------

    Because the FAA conducts the PIC PC in accordance with the ACS or 
PTS the FAA proposes a corresponding revision to Sec.  61.58(d)(1). 
Rather than broadly refer to the proficiency check requirements as 
aeronautical knowledge areas, areas of operation, and tasks required 
for a type rating, the FAA proposes to require that the PIC PC 
specifically consist of the areas of operation contained in the 
applicable ACS or PTS. The FAA emphasizes that there are no substantive 
changes to the maneuvers and procedures on the PIC PC in this proposal. 
The proposed revision contains both a cross-reference to the 
centralized IBR section in Sec.  61.14 and a cross-reference to 
appendix A to determine ACS or PTS applicability.
iii. Sport Pilot Proficiency Checks
    The final group of proficiency checks in part 61 are those for 
certificated sport pilots seeking to operate an additional category or 
class of light-sport aircraft, and certificated flight instructors with 
a sport pilot rating seeking to provide training in an additional 
category or class of light-sport aircraft. A certificated sport pilot 
must, among other requirements,\46\ successfully complete a proficiency 
check on the aeronautical knowledge areas and areas of operation 
specified in Sec. Sec.  61.309 and 61.311 \47\ for the additional 
light-sport aircraft privilege sought. A certificated flight instructor 
must, among other requirements,\48\ successfully complete a proficiency 
check on the areas of operation specified in Sec.  61.409 for the 
additional category and class of flight instructor privilege sought. 
The FAA stated that these areas of operation were consistent with and 
based upon the existing flight proficiency requirements established for 
higher certificate levels under part 61 \49\ and drafted the Sport 
Pilot PTSs to align with these areas of operation. For the 
aforementioned certificated sport pilots and certificated flight 
instructors, in practice, the proficiency checks are conducted in 
accordance with the respective Sport Pilot PTS,\50\ which incorporate 
the aeronautical knowledge areas and areas of operation provided in 
Sec. Sec.  61.309, 61.311, and 61.409, applicable to the additional 
privileges sought.
---------------------------------------------------------------------------

    \46\ See 14 CFR 61.321.
    \47\ Section 61.309 contains the aeronautical knowledge areas, 
while Sec.  61.311 contains the areas of operation.
    \48\ See 14 CFR 61.419.
    \49\ NPRM, Certification of Aircraft and Airmen for Operation of 
Light-Sport Aircraft, 67 FR 5367 (Feb. 5, 2002).
    \50\ Sport Pilot PTS for Airplane, Gyroplane, Glider, and Flight 
Instructor; Sport Pilot PTS for Airship, Balloon, and Flight 
Instructor; Sport Pilot PTS for Weight Shift Control, Powered 
Parachute, and Flight Instructor. See FAA Order 8900.1, Vol. 5, 
Chap. 2, Sec. 12.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise Sec.  61.321(b) to precisely 
reflect the standards that the proficiency check aligns with by stating 
that the proficiency check must consist of the appropriate areas of 
operation contained in the applicable PTS for the additional light-
sport aircraft privilege sought. Likewise, the FAA proposes to revise 
Sec.  61.419(b) to require the flight instructor to successfully 
complete a proficiency check consisting of the appropriate areas of 
operation contained in the applicable PTS for the additional category 
and class flight instructor privilege sought. The proposed revisions to 
both Sec. Sec.  61.321 and 61.419 contain a cross-reference to the 
centralized IBR section in Sec.  61.14 and a cross-reference to 
appendix A to determine PTS \51\ applicability. The FAA emphasizes that 
there are no substantive changes to the tasks required to be conducted 
in the proficiency check to add additional sport pilot privileges in 
this proposal.
---------------------------------------------------------------------------

    \51\ The FAA notes that, currently, only PTSs exist for sport 
pilots; however, as discussed in section III.A. of this preamble, 
the FAA continues work to convert all PTSs to ACSs.
---------------------------------------------------------------------------

4. Conforming Amendment to ATP Flight Proficiency Areas of Operation
    As part of the FAA's routine review of the testing standards, the 
FAA noticed that the areas of operation in the ATP and Type Rating for 
Airplane

[[Page 75964]]

Category ACS \52\ do not precisely align with the flight proficiency 
areas of operation set forth in Sec.  61.157(e)(1) and (2).\53\ 
Similarly, while reviewing the ATP and Type Rating for Powered-Lift 
Category ACS, the FAA noted similar discrepancies between the draft ACS 
and the requirements of Sec.  61.157(e)(3). Specifically, Sec.  
61.157(e)(1), airplane category with single engine class rating, Sec.  
61.157(e)(2), airplane category with multiengine class rating, and 
Sec.  61.157(e)(3), powered-lift category rating, each list Normal and 
abnormal procedures, which is not an independent area of operation in 
the ACS. Further, the ACS appears to combine the regulatory independent 
areas of operation Takeoff and departure phase and Landings and 
approaches to landings in a single area of operation, Takeoffs and 
landings, in Sec.  61.157(e)(1) and (2). Additionally, the ACS contains 
Stall prevention as an area of operation, which is not delineated as an 
area of operation in Sec.  61.157(e)(1) and (2). Finally, a terminology 
discrepancy exists in one area of operation where Emergency procedures 
is stated in the regulations but referred to as Emergency operations in 
the ACS.
---------------------------------------------------------------------------

    \52\ FAA-S-ACS-11 (June 2019).
    \53\ The FAA notes that this deviation is only present in the 
ATP Airplane ACS for single engine and multiengine class ratings; 
the areas of operation in the ATP Helicopter PTS concisely 
correspond with the areas of operation set forth in Sec.  
61.157(e)(4). Therefore, no revisions are proposed to Sec.  
61.157(e)(4).
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise the areas of operation in 
Sec.  61.157(e)(1) and (2) to align with the areas of operation in the 
ACS, as subsequently explained, and similarly proposes two minor 
revisions to Sec.  61.157(e)(3).
    First, the FAA proposes to add Stall prevention as an area of 
operation in Sec.  61.157(e)(1) and (2). The FAA notes that because 
practical tests are conducted in accordance with the ACS, the addition 
of Stall prevention in Sec.  61.157(e)(1) and (2) does not add tasks 
that an applicant is expected to demonstrate, as Stall prevention was 
already an area of operation within the ACS \54\ and, therefore, is 
currently evaluated on the practical test. The FAA also proposes to 
revise Sec.  61.57(e)(1) and (2) to combine Takeoff and departure phase 
with Landings and approaches to landings to become Takeoffs and 
landings, which encompasses the former two areas of operation.
---------------------------------------------------------------------------

    \54\ Stall Prevention was previously tested under area of 
operation IV, Inflight Maneuvers, before the ATP Airplane PTS 
transitioned to the ACS. The ACS moved stall tasks into an 
independent area of operation to place special emphasis on its 
importance in airman training and testing and the prevention of 
stall-related aviation accidents.
---------------------------------------------------------------------------

    Additionally, the FAA proposes to remove Normal and abnormal 
procedures as an area of operation within the airplane category and 
powered-lift category areas of operation from Sec.  61.157(e)(1), (2), 
and (3). Instead, the FAA proposes to add language to the introductory 
text of Sec.  61.157(e) to specify that normal and abnormal procedures 
by characteristic are inherently integrated in the tasks and maneuvers 
in the ACSs for airplane category single engine class rating, airplane 
category multiengine class rating, and powered-lift category rating 
(i.e., Sec.  61.157(e)(1), (2), and (3)). Because the two ACSs (i.e., 
ATP and Type Rating for Airplane Category ACS and ATP and Type Rating 
for Powered-Lift ACS) integrate the demonstration of normal and 
abnormal procedures within their fundamental task structures, there is 
no need for a separate area of operation addressing normal and abnormal 
procedures in isolation in the ACS. For example, in the ATP and Type 
Rating for Airplane Category ACS, Area of Operation II. Preflight 
Procedures, Task B. Powerplant Start requires an applicant to 
demonstrate understanding of normal and abnormal powerplant start 
procedures and limitations, including the use of an auxiliary power 
unit or external power source, if applicable.\55\
    Finally, as previously noted, the regulations (i.e., Sec. Sec.  
61.157(e)(1)(viii), (e)(2)(viii), and (e)(3)(viii)) utilize the phrase 
Emergency procedures, while the ATP and Type Rating for Airplane 
Category ACS and ATP and Type Rating for Powered-Lift Category ACS use 
the phrase Emergency operations. Therefore, for standardization 
purposes, FAA proposes a minor nomenclature change to Sec. Sec.  
61.157(e)(1)(viii), (e)(2)(viii), and (e)(3)(viii), which are proposed 
as Sec. Sec.  61.157(e)(1)(vii), (e)(2)(vii), and (e)(3)(vii), to the 
area of operation Emergency operations.
    The FAA again emphasizes that there are no substantive changes 
being made to the tasks and maneuvers that an applicant for an ATP 
certificate must demonstrate in these changes. These proposed revisions 
are simply editorial and organizational changes to align the 
regulations and ACSs for ease in functional application. As a result of 
the organizational changes, some areas of operation have been 
renumbered. Table 1 summarizes these changes as follows:

         Table 1--Revisions to Sec.   61.157(e)(1), (2), and (3)
------------------------------------------------------------------------
   Current areas of operation in Sec.
       61.157(e)(1), (2), and (3)               Proposed revision
------------------------------------------------------------------------
(i) Preflight Preparation..............  No proposed revision.
(ii) Preflight Procedures..............  No proposed revision.
(iii) Takeoff and Departure Phase......  Combine (iii) and (vi) in Sec.
                                           61.157(e)(1) and (2).
(iv) In-Flight Maneuvers...............  No proposed revision.
(v) Instrument Procedures..............  No proposed revision.
(vi) Landings and Approaches to          Combine (iii) and (vi) in Sec.
 Landings.                                 61.157(e)(1) and (2).
(vii) Normal and Abnormal Procedures...  Remove in Sec.   61.157(e)(1),
                                          (2), and (3).
(viii) Emergency Procedures............  Rename in Sec.   61.157(e)(1),
                                          (2), and (3).
(ix) Postflight Procedures.............  No proposed revision.
                                         Addition of Stall Prevention in
                                          Sec.   61.157(e)(1) and
                                          (e)(2).
------------------------------------------------------------------------

    The FAA notes that part 141 sets forth certain areas of operation 
for ATP certification courses in appendix E.\56\ Specifically, appendix 
E prescribes the minimum training curriculum for an ATP certification 
course for an airplane category single-engine rating, airplane category 
multiengine rating, rotorcraft category helicopter rating, and powered-
lift category rating. Section 4.(c) requires that an approved course 
must include flight training on the areas of operation listed in that 
section. These areas of operation align with the areas of operation set 
forth by Sec.  61.157(e) as currently situated.
---------------------------------------------------------------------------

    \56\ 14 CFR 141.55 requires that each training course for which 
approval is requested must meet the minimum curriculum requirements 
in accordance with the appropriate appendix of part 141.
---------------------------------------------------------------------------

    While the FAA proposes revisions to the areas of operation listed 
in

[[Page 75965]]

Sec.  61.157(e)(1), (2), and (3), as previously described, the FAA is 
not proposing to revise the areas of operation set forth in part 141, 
appendix E, section 4.(c). Thus, the FAA acknowledges that these areas 
of operation for training courses in part 141 will not precisely align 
with the proposed areas of operation set forth by Sec.  61.157(e)(1), 
(2), and (3). However, the areas of operation for testing, whether 
under part 61 or part 141 will be governed by areas of operation in the 
ATP ACS or PTS, which align to the areas of operation in proposed Sec.  
61.157(e).\57\
---------------------------------------------------------------------------

    \57\ In other words, applicants from a pilot school or 
provisional pilot school will either take (1) the FAA practical 
test, which aligns to the ATP ACS or PTS via Sec.  61.43(a), or (2) 
take an end-of-course test given by a pilot school who holds 
examining authority for the training course. Per Sec.  141.67(c), 
this end-of-course test must have requirements and standards that 
are at least equivalent to those in the applicable ATP ACS or PTS 
because this end-of-course test must be equal in scope, depth and 
difficulty to the comparable practical test prescribed by the 
Administrator under part 61.
---------------------------------------------------------------------------

C. Part 63: Flight Engineers

    Part 63 contains the certification requirements for flight 
crewmembers other than pilots, specifically, flight engineers and 
flight navigators. Both flight engineers and flight navigators are 
required to pass a practical test to obtain a certificate. Currently, 
the flight engineer practical test utilizes the Flight Engineer 
Practical Test Standards, whereas the flight navigator practical test 
is based on part 63, appendix A, which sets forth the prescribed 
subjects to be tested on the flight navigator practical test.\58\ In 
light of the prescribed subjects contained in appendix A, there is no 
developed PTS or ACS for flight navigators at this time.\59\ Therefore, 
the FAA proposes to only IBR one PTS (i.e., the Flight Engineer PTS) 
into part 63.
---------------------------------------------------------------------------

    \58\ 14 CFR 63.57(c).
    \59\ The FAA estimates there are only 30 active flight navigator 
certificates during 2021. https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics.
---------------------------------------------------------------------------

    The requirements to obtain a flight engineer certificate have 
remained largely unchanged since the establishment of the flight 
engineer certificate in 1947.\60\ Since the inception of the 
certificate, the regulations have set forth the delineated subjects the 
practical test would cover with little revision of subject areas.\61\ 
Unlike parts 61 and 65, which were revised in tandem to make general 
references to the PTS in 1997,\62\ part 63 did not follow suit and 
retained the specific subject areas in the regulations. These subject 
areas are fashioned as areas of operation in the Flight Engineer 
PTS,\63\ which are further expanded into tasks that list the required 
knowledge and skills appropriate to the area of operation. Each task 
lists an objective, which consist of the important elements that must 
be satisfactorily performed to demonstrate competency. Specifically, 
the objective includes what the applicant must be able to do, the 
conditions under which the task is to be performed, and the minimum 
acceptable standards of performance. The Flight Engineer PTS is to be 
used for the initial issuance of a Flight Engineer Certificate and for 
the addition of class ratings to that certificate.
---------------------------------------------------------------------------

    \60\ Final Rule, Part 35--Flight Engineer Certificates, 12 FR 40 
(Jan. 3, 1947).
    \61\ The regulations promulgating the subject areas as they 
exist today were adopted in 1962. Final Rule, Flight Engineer 
Certificates and Training Courses, 30 FR 14558 (Nov. 23, 1965).
    \62\ 62 FR 16220.
    \63\ For example, Sec.  63.39(b)(1) requires the applicant to 
show that the applicant can satisfactorily perform preflight 
inspection. Preflight Inspection is implemented in the Flight 
Engineer PTS as area of operation II: Preflight Procedures, divided 
into Task A: Preflight Inspection and Flight Deck Setup and Task B: 
Preflight Inspection--Exterior.
---------------------------------------------------------------------------

    Because the flight engineer practical test is conducted in 
accordance with the Flight Engineer PTS, the FAA proposes to revise 
Sec.  63.39 to IBR the Flight Engineer PTS. Section 63.39(a) would be 
revised to conform to current practice and specify that, in order to 
pass the practical test for a flight engineer certificate, an applicant 
must satisfactorily demonstrate the objectives in the areas of 
operation contained in the Flight Engineer PTS. Accordingly, Sec.  
63.39(c) would be added to IBR the Flight Engineer PTS. The FAA is also 
proposing minor editorial revisions in Sec.  63.39(b) to remove gender 
references.

D. Part 65: Aircraft Dispatchers and Parachute Riggers

1. Centralized Incorporation by Reference
    Part 65 contains the certification requirements for airmen other 
than flight crewmembers, including aircraft dispatchers and parachute 
riggers. Both aircraft dispatchers and parachute riggers are required 
to pass a practical test \64\ to obtain a certificate and/or rating. 
The FAA proposes to incorporate the applicable PTSs for aircraft 
dispatchers and parachute riggers by reference, as discussed in 
sections III.D.2. and III.D.3 of this preamble. Part 65 currently 
contains a centralized IBR section in Sec.  65.23, which houses the 
Aviation Mechanic General, Airframe, and Powerplant Practical Test 
Standards and the Aviation Mechanic General, Airframe, and Powerplant 
Airman Certification Standards.\65\ The FAA proposes to revise the 
centralized IBR section in part 65 to include the Aircraft Dispatcher 
Practical Test Standards and Parachute Rigger Practical Test Standards. 
Specifically, to organize the PTSs and ACSs in alphanumeric order by 
version number, the FAA proposes to redesignate current Sec.  
65.23(a)(1) and (2) as Sec.  65.23(a)(3) and (4). The Aircraft 
Dispatcher PTS, which is summarized in section III.D.2. of this 
preamble, would be contained in revised Sec.  65.23(a)(1); the 
Parachute Rigger PTS, which is summarized in section III.D.3. of this 
preamble, would be contained in revised Sec.  65.23(a)(2). . The 
centralized IBR section does not contain instructions for compliance 
with the standards. Rather, part 65 sections, as subsequently 
discussed, require compliance with these respective standards (i.e., 
Sec. Sec.  65.59, 65.115, 65.119, and 65.123) and refer to Sec.  65.23 
for identification information and the IBR language required by 1 CFR 
part 51.
---------------------------------------------------------------------------

    \64\ 14 CFR 65.53(b)(4), 65.115, 65.119, and 65.123.
    \65\ Interim Final Rule, Aviation Maintenance Technician 
Schools, 87 FR 31391 (May 24, 2022).
---------------------------------------------------------------------------

2. Aircraft Dispatchers
    Subpart C of part 65 promulgates the requirements to obtain an 
aircraft dispatcher certificate. Currently, Sec.  65.59 requires an 
applicant for an aircraft dispatcher certificate to pass a practical 
test by demonstrating skill in applying the areas of knowledge and 
topics in appendix A of part 65 to preflight and all phases of flight, 
including abnormal and emergency procedures. Appendix A contains the 
areas of knowledge necessary to perform dispatcher functions, and 
indicates the minimum set of topics that must be covered in a training 
course for aircraft dispatcher certification required by Sec.  65.61, 
Aircraft dispatcher certification courses: Content and minimum hours.
    Similar to part 61, the FAA set forth the specific topics to be 
tested on the aircraft dispatcher practical test directly in the 
regulations governing such crewmembers in part 65 until 1999.\66\ In 
1999,\67\ the FAA amended the eligibility and certification 
requirements for aircraft dispatchers, to include removal of the 
specific topics in Sec.  65.59 to be tested on the practical test. 
Instead, the FAA tethered the practical test to the aircraft dispatcher 
practical test standards, as published by the FAA, on

[[Page 75966]]

the items specified in appendix A of part 65.\68\ This aligned with the 
FAA's general disposition in part 61 to remove specific topics and 
instead broadly reference the practical test standards. In 2018, the 
FAA removed the reference to the aircraft dispatcher PTS to be 
consistent with editorial changes made to other parts \69\ pertaining 
to the certification of airman. In its place, the FAA required an 
applicant to demonstrate skill in applying the areas of knowledge and 
topics provided in appendix A of part 65 in the regulations, but 
explained in the final rule preamble that the practical test would 
continue to be based on the aircraft dispatcher PTS.\70\
---------------------------------------------------------------------------

    \66\ Before 1962, Sec.  27.33 promulgated the skill requirements 
and listed subject areas the practical test covered. In 1962, Sec.  
27.33 was relocated to Sec.  65.59, with no substantive revisions to 
the list of practical test subject areas. Final Rule, Addition of 
Subchapter, 27 FR 7954 (Aug. 10, 1962).
    \67\ Final Rule, Revision of Certification Requirements: 
Aircraft Dispatchers, 64 FR 68916 (Apr. 6, 2000).
    \68\ Appendix A of part 65 sets forth the areas of knowledge 
necessary to perform dispatcher functions, which function as the 
minimum set of topics that must be covered in a training course for 
aircraft dispatcher certification.
    \69\ As discussed in section III.A. of this preamble, the FAA 
removed direct references to the PTS in part 61 as well.
    \70\ 83 FR at 30269.
---------------------------------------------------------------------------

    Currently, FAA inspectors and designated examiners conduct aircraft 
dispatcher tests in accordance with the Aircraft Dispatcher PTS; 
however, the Aircraft Dispatcher PTS is not a regulatory standard for 
the practical test. The Aircraft Dispatcher PTS contains knowledge and 
skill tasks that an applicant must demonstrate to pass the practical 
test for an Aircraft Dispatcher certificate. Specifically, the Aircraft 
Dispatcher PTS contains areas of operation, which are divided into 
tasks (e.g., navigation and aircraft navigation systems, practical 
dispatch applications). Each task lists an objective, which consists of 
the elements that must be satisfactorily performed to demonstrate 
competency. Specifically, the objective includes what the applicant 
must be able to do, the conditions under which the task is to be 
performed, and the minimum acceptable standards of performance. The FAA 
notes that the Aircraft Dispatcher PTS objectives within the Tasks of 
the areas of operation generally align to the topics set forth in 
appendix A. This proposed revision to require compliance with the PTS 
rather than appendix A would not add topics or substantive changes to 
what is currently contained on the practical test.\71\
---------------------------------------------------------------------------

    \71\ The FAA is not inclined to remove Appendix A due to 
possible unforeseen effects on aircraft dispatcher course curriculum 
that are already in use and has determined that requiring an 
aircraft dispatcher course to align their curriculum with the 
Aircraft Dispatcher PTS would be out of the scope of this rule at 
this time.
---------------------------------------------------------------------------

    Therefore, the FAA proposes to revise Sec.  65.59 to direct 
compliance with the Aircraft Dispatcher PTS in practical testing. 
Specifically, proposed Sec.  65.59 will require an aircraft dispatcher 
to satisfactorily demonstrate the objectives in the areas of operation 
specified in the Aircraft Dispatcher PTS. Proposed Sec.  65.59 would 
cross reference the centralized IBR section, Sec.  65.23, for 
publication information on the PTS.
3. Parachute Riggers
    Subpart F of part 65 governs the requirements to obtain a senior 
parachute rigger and master parachute rigger certificate. Both a senior 
parachute rigger and a master parachute rigger require the passage of 
an oral and practical test for the issuance of a certificate.\72\ 
Likewise, the addition of a type rating to a parachute rigger 
certificate (i.e., seat, back, chest, and/or lap type rating) requires 
the certificated parachute rigger to pass a practical test.\73\ Due to 
the unique nature of the job duties of a parachute rigger, the 
regulations have broadly required that the oral and practical test must 
examine the applicant's ability to pack and maintain a parachute.\74\ 
In practice, the Parachute Rigger PTS is utilized to conduct the oral 
and practical test for obtaining a senior parachute rigger certificate 
and master parachute rigger certificate and is also utilized for the 
practical test for obtaining type ratings for seat, back, chest, and 
lap. Specifically, the Parachute Rigger PTS contains areas of operation 
(e.g., packing parachutes, parachute operation and care), which are 
divided into tasks that are specified as applicable to the certificate 
and/or rating sought. For example, a task that is only involved in a 
seat type rating is delineated as such (i.e., Task A: Packing Seat Type 
Parachute (Seat Type Rating)). Each task lists an objective, which 
consists of the elements that must be satisfactorily performed to 
demonstrate competency. Specifically, the objective includes what the 
applicant must be able to do, the conditions under which the task is to 
be performed, and the minimum acceptable standards of performance.
---------------------------------------------------------------------------

    \72\ 14 CFR 61.115, 61.119.
    \73\ 14 CFR 65.123(b).
    \74\ Pursuant to 14 CFR 65.115, the oral and practical test for 
a senior parachute rigger certificate requires the applicant to show 
the ability to pack and maintain at least one type of parachute in 
common use, appropriate to the type rating sought. Pursuant to 14 
CFR 65.119, the oral and practical test for a master parachute 
rigger certificate requires the applicant to show the ability to 
pack and maintain two types of parachutes in common use, appropriate 
to the type rating sought. Pursuant to 14 CFR 65.123, a certificated 
parachute rigger who applies for an additional type rating must pass 
a practical test showing the ability to pack and maintain the type 
of parachute applicable to the type rating sought.
---------------------------------------------------------------------------

    The FAA proposes to revise Sec. Sec.  65.115 and 65.119 to require 
the applicant to pass the oral and practical test by satisfactorily 
demonstrating the objectives in the areas of operation in the Parachute 
Rigger PTS applicable as appropriate to the respective certificate 
(i.e., senior parachute rigger, master parachute rigger) and type 
rating sought. Further, should a certificated parachute rigger apply 
for an additional type rating (i.e., seat, back, chest, lap), that 
applicant must pass a practical test appropriate to the type rating 
sought, pursuant to Sec.  65.123. Because the testing standards for 
each type rating are contained and specified in the Parachute Rigger 
PTS, the FAA proposes to revise Sec.  65.123(b) to require that, in 
order to pass a practical test for an additional type rating, an 
applicant must satisfactorily demonstrate the objectives in the area of 
operation applicable to the type rating sought, which are specified in 
the Parachute Rigger PTS. Sections 65.115, 65.119, and 65.123 will each 
cross reference the centralized IBR section, Sec.  65.23, for 
publication information on the Parachute Rigger PTS.
    The FAA is also proposing minor editorial revisions in Sec. Sec.  
65.115, 65.119, and 65.123 to remove gender references.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563 direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify the costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. Fourth, the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate that may 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100,000,000 or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $164,000,000, using the 
most current (2021) Implicit Price Deflator for the Gross Domestic 
Product. This portion of the preamble

[[Page 75967]]

summarizes the FAA's analysis of the economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
rule: will result in benefits that justify costs; is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; will not have a significant economic 
impact on a substantial number of small entities; will not create 
unnecessary obstacles to the foreign commerce of the United States; and 
will not impose an unfunded mandate on State, local, or tribal 
governments, or on the private sector.

A. Regulatory Evaluation

1. Need for the Regulation
    Through this rulemaking, the FAA is proposing to incorporate by 
reference (IBR) certain PTSs and ACSs into parts 61, 63, and 65 so the 
standards carry the full force and effect of regulation. Because of the 
unique nature of the PTS and ACS documents, which are lengthy and 
contain complex and technical tables, the FAA proposes the mechanism of 
IBR. IBR allows Federal agencies to comply with the requirements of the 
APA to publish rules in the Federal Register and the Code of Federal 
Regulations by referring to material published elsewhere. Material that 
is incorporated by reference has the same legal status as if it were 
published in full in the Federal Register.
2. Baseline for the Analysis
    Title 14 Code of Federal Regulations (14 CFR) parts 61, 63, and 65 
prescribe the requirements for airmen to obtain a certificate and/or 
rating. Each part contains the general requirements for eligibility, 
aeronautical knowledge, flight proficiency, and aeronautical experience 
requirements, as applicable, for each certificate and/or rating sought. 
This generally includes the requirement to pass a practical test 
specific to the certificate or rating sought.
    The PTS and the ACS impose requirements on all persons seeking an 
airman certificate or rating. The PTS and ACS require an applicant 
seeking a certificate or rating to complete specific tasks and 
maneuvers to a minimum given standard in order to obtain the applicable 
certificate or rating. As such, if an applicant does not perform a task 
to the prescribed standard, found in the applicable ACS or PTS, the 
applicant cannot obtain the applicable certificate and rating. 
Unsatisfactory performance results in a notice of disapproval and/or 
denial of the certificate or rating. The PTSs and the ACSs, which are 
proposed by this rule to be incorporated by reference, are the testing 
standards that are already in use or the process by which the practical 
test is conducted.
3. Benefits
    The mechanism of IBR allows Federal Agencies to comply with the 
requirement to publish rules in the Federal Register and the CFR by 
referring to material already published elsewhere.\75\ IBR functions to 
substantially reduce the size of the 14 CFR part 61, 63 and 65, which 
would otherwise require the PTSs and ACSs to be replicated in their 
entirety into the regulations, resulting in hundreds of additional 
pages including complex and technical tables that would be unsuitable 
for the CFR. The FAA would continue to draw on the expertise and 
resources of the aviation industry to develop and update the testing 
standards and strengthen private-public collaboration and transparency. 
IBR would maintain public and private industry collaboration. 
Additionally, while the practical tests are currently conducted in 
accordance with the PTSs and ACSs, applicants for a certificate and/or 
rating, and pilots completing proficiency checks, would be better 
informed about the exact tasks and objectives required to successfully 
complete each area of operation because evaluators would be required to 
test on the exact tasks contained in the applicable PTS and/or ACS. 
Further, instructors are encouraged to utilize the applicable ACS and/
or PTS during training to ensure applicants are equipped with the 
knowledge and proficiency to successfully complete a practical test or 
proficiency check. Applicants and instructors are, therefore, 
benefitted by transparency and specificity in test preparation.
---------------------------------------------------------------------------

    \75\ IBR Handbook, Office of the Federal Register (July, 2018).
---------------------------------------------------------------------------

4. Costs
    The FAA has evaluated the cost impacts to the stakeholders involved 
in this proposed rulemaking, which includes airmen and the FAA. As 
discussed in the preceding preamble section, the FAA noted the addition 
of tasks within four ACSs (Commercial Pilot for Airplane Category ACS, 
Private Pilot for Rotorcraft Category Helicopter Rating ACS, Commercial 
Pilot for Rotorcraft Category Helicopter Rating ACS, and Flight 
Instructor for Rotorcraft Category Helicopter Rating ACS) and 
determined these additions would have minimal impact. These added tasks 
may be completed concurrently with tasks already required on the 
transitioned ACSs and add a negligible amount of time to the requisite 
practical test. In sum, the FAA anticipates this proposed rule would 
result in minimal additional cost impacts to airmen and the FAA.
Applicants and Airmen
    The FAA does not anticipate new costs to applicants for an initial 
certificate and/or rating and existing airmen (e.g., pilots completing 
proficiency checks, pilots seeking additional certificates and/or 
ratings) because there are no substantive changes proposed to the 
testing processes, areas of operation, or elements upon which airmen 
are currently tested in order to obtain a certificate, as the practical 
tests are already conducted in accordance with the applicable PTS/ACS. 
Rather, the FAA is simply incorporating the documents by reference into 
the regulations to ensure compliance with the APA and provide the 
public with requisite notice and an opportunity to comment. Therefore, 
applicants seeking a certificate and/or rating and currently 
certificated pilots performing proficiency checks will not incur 
additional costs.
The FAA
    The FAA does not anticipate new costs to the agency because the FAA 
is not changing the process by which testing is conducted or the manner 
in which PTSs and ACSs are currently implemented.
5. Regulatory Alternatives
    The FAA did not consider regulatory alternatives for this proposed 
rulemaking as there are no legally supportable alternatives to 
mandating the requirements for airman certification and ensuring 
consistent standards for airman certificates and ratings.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94 
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to 
consider the effects of the regulatory action on small business and 
other small entities and to minimize any significant economic impact. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.

[[Page 75968]]

    The FAA has not identified any small entities that would be 
affected by the proposed rule because this rule does not affect the 
content of the practical test or how the practical test is currently 
conducted. While there are many small entities that employ persons who 
conduct practical tests on behalf of the Administrator and administer 
proficiency checks for airmen, there are no changes proposed to these 
existing procedures and exams, in practice (i.e., evaluators already 
utilize the applicable ACS and/or PTS). Therefore, for the reasons 
provided, the FAA certifies that the rule will not have a significant 
economic impact on a substantial number of small entities. The FAA 
welcomes comments on the basis for this certification.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effects of this proposed rule and finds it does 
not create an unnecessary obstacle to foreign commerce.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $164.0 million in lieu of $100 
million. The FAA has determined that the proposed rulemaking would not 
result in the expenditure of $164.0 million or more by State, local, or 
tribal governments, in the aggregate, or the private sector, in any one 
year.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there would be no new requirement for information collection associated 
with this proposed rule.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no substantive differences with these proposed 
regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f for regulations and involves 
no extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order (E.O.) 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 proposed rule under E.O. 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, International Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. The FAA has 
analyzed this action under the policies and agency responsibilities of 
E.O. 13609, and has determined that this action would have no effect on 
international regulatory cooperation.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should 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 proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this NPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this

[[Page 75969]]

NPRM, it is important that you clearly designate the submitted comments 
as CBI. Please mark each page of your submission containing CBI as 
``PROPIN.'' The FAA will treat such marked submissions as confidential 
under the FOIA, and they will not be placed in the public docket of 
this NPRM. Submissions containing CBI should be sent to the person 
identified in the FOR FURTHER INFORMATION CONTACT section of this 
document. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

B. Electronic Access and Filing

    A copy of the notice of proposed rulemaking (NPRM), all comments 
received, any final rule, and all background material may be viewed 
online at https://www.regulations.gov using the docket number listed 
above. A copy of this rule will be placed in the docket. Electronic 
retrieval help and guidelines are available on the website. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's website at https://www.federalregister.gov and the 
Government Publishing Office's website at https://www.govinfo.gov. A 
copy may also be found at the FAA's Regulations and Policies website at 
https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (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 in 
the electronic docket for this rulemaking.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Incorporation by reference, Recreation and recreation areas, Reporting 
and recordkeeping requirements, Security measures, Teachers.

14 CFR Part 63

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, 
Incorporation by reference, Navigation (air), Reporting and 
recordkeeping requirements, Security measures.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, 
Aviation safety, Drug abuse, Incorporation by reference, Reporting and 
recordkeeping requirements, Security measures.

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 section for part 61 continues to read as follows:

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

0
2. Add Sec.  61.14 to read as follows:


Sec.  61.14   Incorporation by Reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Federal 
Aviation Administration (FAA) and at the National Archives and Records 
Administration (NARA). Contact FAA at: Airman Testing Standards Branch/
Regulatory Support Division, 405-954-4151, [email protected] For 
information on the availability of this material at 1NARA, visit: 
www.archives.gov/federal-register/cfr/ibr-locations.html or email: 
[email protected]. The material may be obtained from the Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591, 866-835-5322, www.faa.gov/training testing.
    (a) Practical Test Standards.
    (1) FAA-S-8081-3B, Recreational Pilot Practical Test Standards for 
Airplane Category and Rotorcraft Category; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (2) FAA-S-8081-7C, Flight Instructor Practical Test Standards for 
Rotorcraft Category Gyroplane Rating; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (3) FAA-S-8081-8C, Flight Instructor Practical Test Standards for 
Glider Category; (date to be included); IBR approved for Sec. Sec.  
61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this 
part.
    (4) FAA-S-8081-9E, Flight Instructor Instrument Practical Test 
Standards for Airplane Rating and Helicopter Rating; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), 
and 61.419(b), and Appendix A to this part.
    (5) FAA-S-8081-15B, Private Pilot Practical Test Standards for 
Rotorcraft Category Gyroplane Rating; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (5) FAA-S-8081-16C, Commercial Pilot Practical Test Standards for 
Rotorcraft Category Gyroplane Rating; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), 
and Appendix A to this part.
    (6) FAA-S-8081-17A, Private Pilot Practical Test Standards for 
Lighter-Than-Air Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (7) FAA-S-8081-18A, Commercial Pilot Practical Test Standards for 
Lighter-Than-Air Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (8) FAA-S-8081-20A, Airline Transport Pilot and Type Rating 
Practical Test Standards for Rotorcraft Category Helicopter Rating; 
(date to be included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 
61.321(b), and 61.419(b), and Appendix A to this part.
    (9) FAA-S-8081-22A, Private Pilot Practical Test Standards for 
Glider Category; (date to be included); IBR approved for Sec. Sec.  
61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this 
part.
    (10) FAA-S-8081-23B, Commercial Pilot Practical Test Standards for 
Glider Category; (date to be included); IBR approved for Sec. Sec.  
61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A to this 
part.
    (11) FAA-S-8081-29A, Sport Pilot and Sport Pilot Flight Instructor 
Rating Practical Test Standards for Airplane Category, Rotorcraft 
Category, and Glider Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (12) FAA-S-8081-30A, Sport Pilot and Sport Pilot Flight Instructor 
Rating Practical Test Standards for Lighter-Than-Air Category; (date to 
be included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 
61.321(b), and 61.419(b), and Appendix A to this part.
    (13) FAA-S-8081-31A, Sport Pilot and Sport Pilot Flight Instructor

[[Page 75970]]

Practical Test Standards for Powered Parachute Category and Weight-
Shift-Control Category; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.58(d), 61.321(b), and 61.419(b), and Appendix A 
to this part.
    (14) FAA-S-8081-32A, Private Pilot Practical Test Standards for 
Powered Parachute Category and Weight-Shift-Control Category; (date to 
be included); IBR approved for Sec. Sec.  61.43(a), 61.58(d), 
61.321(b), and 61.419(b), and Appendix A to this part.
    (b) Airman Certification Standards.
    (1) FAA-S-ACS-2, Commercial Pilot for Powered-Lift Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (2) FAA-S-ACS-3, Instrument Rating--Powered-Lift Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (3) FAA-S-ACS-6C, Private Pilot for Airplane Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (4) FAA-S-ACS-7B, Commercial Pilot for Airplane Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (5) FAA-S-ACS-8C, Instrument Rating--Airplane Airman Certification 
Standards; (date to be included); IBR approved for Sec. Sec.  61.43(a), 
61.57, 61.58, and Appendix A to this part.
    (6) FAA-S-ACS-11A, Airline Transport Pilot and Type Rating for 
Airplane Category Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part.
    (7) FAA-S-ACS-13, Private Pilot for Powered-Lift Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (8) FAA-S-ACS-14, Instrument Rating--Helicopter Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (9) FAA-S-ACS-15, Private Pilot for Rotorcraft Category Helicopter 
Rating Airman Certification Standards; (date to be included); IBR 
approved for Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this 
part.
    (10) FAA-S-ACS-16, Commercial Pilot for Rotorcraft Category 
Helicopter Rating Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part.
    (11) FAA-S-ACS-17, Airline Transport Pilot and Type Rating for 
Powered-Lift Category Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part
    (12) FAA-S-ACS-25, Flight Instructor for Airplane Category Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (13) FAA-S-ACS-27, Flight Instructor for Powered-Lift Category 
Airman Certification Standards; FAA-S-ACS-27; (date to be included); 
IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to 
this part.
    (14) FAA-S-ACS-28, Flight Instructor Instrument Powered-Lift Airman 
Certification Standards; (date to be included); IBR approved for 
Sec. Sec.  61.43(a), 61.57, 61.58, and Appendix A to this part.
    (15) FAA-S-ACS-29, Flight Instructor for Rotorcraft Category 
Helicopter Rating Airman Certification Standards; (date to be 
included); IBR approved for Sec. Sec.  61.43(a), 61.57, 61.58, and 
Appendix A to this part.
0
3. Amend Sec.  61.43 by revising paragraphs (a)(1), (a)(2), and (a)(3) 
to read as follows:


Sec.  61.43   Practical tests: General procedures.

    (a) * * *
    (1) Performing the tasks specified in the areas of operation 
contained in the applicable Airmen Certification Standards or Practical 
Test Standards (incorporated by reference, see Sec.  61.14) as listed 
in appendix A of this part for the airman certificate or rating sought;
    (2) Demonstrating mastery of the aircraft by performing each task 
required by paragraph (a)(1) of this section successfully,
    (3) Demonstrating proficiency and competency of the tasks required 
by paragraph (a)(1) of this section within the approved standards; and
* * * * *
0
4. Amend Sec.  61.57 by revising paragraph (d)(1) to read as follows:


Sec.  61.57   Recent flight experience: Pilot in command.

* * * * *
    (d) * * *
    (1) Except as provided in paragraph (e) of this section, a person 
who has failed to meet the instrument experience requirements of 
paragraph (c) of this section for more than six calendar months may 
reestablish instrument currency only by completing an instrument 
proficiency check. The instrument proficiency check must consist of the 
areas of operation contained in the applicable Airman Certification 
Standards (incorporated by reference, see Sec.  61.14); as listed in 
appendix A of this part as appropriate to the rating held.
* * * * *
0
5. Amend Sec.  61.58 by revising paragraph (d)(1) to read as follows:


Sec.  61.58   Pilot-in-command proficiency check: Operation of an 
aircraft that requires more than one pilot flight crewmember or is 
turbojet-powered.

* * * * *
    (d) * * *
    (1) A pilot-in-command proficiency check conducted by a person 
authorized by the Administrator, consisting of the areas of operation 
contained in the applicable Airman Certification Standards or Practical 
Test Standards (incorporated by reference, see Sec.  61.14) as listed 
in appendix A of this part appropriate to the rating held, in an 
aircraft that is type certificated for more than one pilot flight 
crewmember or is turbojet powered;
* * * * *
0
6. Amend Sec.  61.157 by revising paragraphs (e), (e)(1), (e)(2), and 
(e)(3) to read as follows.


Sec.  61.157   Flight Proficiency.

* * * * *
    (e) Areas of Operation. A practical test will include normal and 
abnormal procedures, as applicable, within the areas of operation for 
practical tests for an airplane category and powered-lift category 
rating.
    (1) For an airplane category--single engine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Landings;
    (iv) In-flight maneuvers;
    (v) Stall Prevention
    (vi) Instrument procedures;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    (2) For an airplane category--multiengine class rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Landings;
    (iv) In-flight maneuvers;
    (v) Stall Prevention
    (vi) Instrument procedures;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
    (3) For a powered-lift category rating:
    (i) Preflight preparation;
    (ii) Preflight procedures;
    (iii) Takeoffs and Departure phase;
    (iv) In-flight maneuvers;

[[Page 75971]]

    (v) Instrument procedures;
    (vi) Landings and approaches to landings;
    (vii) Emergency operations; and
    (viii) Postflight procedures.
* * * * *
0
7. Amend Sec.  61.321 by revising paragraph (b) to read as follows:


Sec.  61.321   How do I obtain privileges to operate an additional 
category or class of light-sport aircraft?

* * * * *
    (b) Successfully complete a proficiency check from an authorized 
instructor, other than the instructor who trained you, consisting of 
the tasks in the appropriate areas of operation contained in the 
applicable Practical Test Standards (incorporated by reference, see 
Sec.  61.14) as listed in appendix A of this part for the additional 
light-sport aircraft privilege you seek;
* * * * *
0
8. Amend Sec.  61.419 by revising paragraph (b) to read as follows:


Sec.  61.419   How do I obtain privileges to provide training in an 
additional category or class of light-sport aircraft?

* * * * *
    (b) Successfully complete a proficiency check from an authorized 
instructor, other than the instructor who trained you, consisting of 
the tasks in the appropriate areas of operation contained in the 
applicable Practical Test Standards (incorporated by reference, see 
Sec.  61.14) as listed in appendix A of this part for the additional 
category and class flight instructor privilege you seek;
* * * * *
0
9. Add Appendix A to part 61 to read as follows:

Appendix A to Part 61--Airman Certification Standards and Practical 
Test Standards

------------------------------------------------------------------------
                                         Then this PTS/ACS (incorporated
  If you are seeking this certificate,   by reference, see Sec.   61.14)
     rating, and/or privilege. . .                is applicable:
------------------------------------------------------------------------
Airline Transport Pilot Certificate;     Airline Transport Pilot and
 Airplane Category--Single-Engine Land    Type Rating for Airplane
 Rating, Airplane Category--Single-       Category Airman Certification
 Engine Sea Rating, Airplane Category--   Standards; (date to be
 Multiengine Land Rating, Airplane        included).
 Category--Multiengine Sea Rating.
Airline Transport Pilot Certificate;     Airline Transport Pilot and
 Rotorcraft Category--Helicopter Rating.  Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating;
                                          (date to be included).
Airline Transport Pilot Certificate;     Airline Transport Pilot and
 Powered-Lift Category.                   Type Rating for Powered-Lift
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Commercial Pilot Certificate; Airplane   Commercial Pilot for Airplane
 Category--Single-Engine Land Rating,     Category Airman Certification
 Airplane Category--Single-Engine Sea     Standards; (date to be
 Rating, Airplane Category--Multiengine   included).
 Land Rating, Airplane Category--
 Multiengine Sea Rating.
Commercial Pilot Certificate;            Commercial Pilot for Rotorcraft
 Rotorcraft Category--Helicopter Rating.  Category Helicopter Rating
                                          Airman Certification
                                          Standards; (date to be
                                          included).
Commercial Pilot Certificate;            Commercial Pilot Practical Test
 Rotorcraft Category--Gyroplane Rating.   Standards for Rotorcraft
                                          Category Gyroplane Rating;
                                          (date to be included).
Commercial Pilot Certificate; Powered-   Commercial Pilot for Powered-
 Lift Category.                           Lift Category Airman
                                          Certification Standards; (date
                                          to be included).
Commercial Pilot Certificate; Glider     Commercial Pilot Practical Test
 Category.                                Standards for Glider Category;
                                          (date to be included).
Commercial Pilot Certificate; Lighter-   Commercial Pilot Practical Test
 Than-Air Category--Airship Rating,       Standards for Lighter-Than-Air
 Lighter-Than-Air Category--Balloon       Category; (date to be
 Rating.                                  included).
Private Pilot Certificate; Airplane      Private Pilot for Airplane
 Category--Single-Engine Land Rating,     Category Airman Certification
 Airplane Category--Single-Engine Sea     Standards; (date to be
 Rating, Airplane Category--Multiengine   included).
 Land Rating, Airplane Category--
 Multiengine Sea.
Private Pilot Certificate; Rotorcraft    Private Pilot for Rotorcraft
 Category--Helicopter Rating.             Category Helicopter Rating
                                          Airman Certification
                                          Standards; (date to be
                                          included).
Private Pilot Certificate; Rotorcraft    Private Pilot Practical Test
 Category--Gyroplane Rating.              Standards for Rotorcraft
                                          Category Gyroplane Rating;
                                          (date to be included).
Private Pilot Certificate; Powered-Lift  Private Pilot for Powered-Lift
 Category.                                Category Airman Certification
                                          Standards; (date to be
                                          included).
Private Pilot Certificate; Glider        Private Pilot Practical Test
 Category.                                Standards for Glider Category;
                                          (date to be included).
Private Pilot Certificate; Lighter-Than- Private Pilot Practical Test
 Air Category--Airship Rating, Lighter-   Standards for Lighter-Than-Air
 Than-Air Category--Balloon Rating.       Category; (date to be
                                          included).
Private Pilot Certificate; Powered       Private Pilot Practical Test
 Parachute Category--Land Rating,         Standards for Powered
 Powered Parachute Category--Sea          Parachute Category and Weight-
 Rating, Weight-Shift-Control Aircraft    Shift-Control Category; (date
 Category--Land Rating, Weight-Shift-     to be included).
 Control Aircraft Category--Sea Rating.
Recreational Pilot Certificate;          Recreational Pilot Practical
 Airplane Category--Single-Engine Land    Test Standards for Airplane
 Rating, Airplane Category--Single-       Category and Rotorcraft
 Engine Sea Rating, Rotorcraft            Category; (date to be
 Category--Helicopter Rating,             included).
 Rotorcraft Category--Gyroplane Rating.
Sport Pilot Certificate; Airplane        Sport Pilot and Sport Pilot
 Category--Single-Engine Land             Flight Instructor Rating
 Privileges, Airplane Category--Single-   Practical Test Standards for
 Engine Sea Privileges, Rotorcraft        Airplane Category, Rotorcraft
 Category--Gyroplane Privileges, Glider   Category, and Glider Category;
 Category.                                (date to be included).
Flight Instructor Certificate with a
 Sport Pilot Rating; Airplane Category--
 Single-Engine Privileges, Rotorcraft
 Category--Gyroplane Privileges, Glider
 Category.
Sport Pilot Certificate; Lighter-Than-   Sport Pilot and Sport Pilot
 Air Category--Airship Privileges,        Flight Instructor Rating
 Lighter-Than-Air Category--Balloon       Practical Test Standards for
 Privileges.                              Lighter-Than-Air Category;
                                          (date to be included).

[[Page 75972]]

 
Flight Instructor Certificate with a
 Sport Pilot Rating; Lighter-Than-Air
 Category--Airship Privileges, Lighter-
 Than-Air Category--Balloon Privileges.
Sport Pilot Certificate; Powered         Sport Pilot and Sport Pilot
 Parachute Category--Land Privileges,     Flight Instructor Rating
 Powered Parachute Category--Sea          Practical Test Standards for
 Privileges, Weight-Shift-Control         Powered Parachute Category and
 Aircraft Category--Land Privileges,      Weight-Shift-Control Category;
 Weight-Shift-Control Aircraft            (date to be included).
 Category--Sea Privileges.
Flight Instructor Certificate with a
 Sport Pilot Rating; Powered Parachute
 Category Privileges, Weight-Shift-
 Control Aircraft Category Privileges.
Instrument Rating--Airplane, Instrument  Instrument Rating--Airplane
 Proficiency Check--Airplane.             Airman Certification
                                          Standards; (date to be
                                          included).
Instrument Rating--Helicopter,           Instrument Rating--Helicopter
 Instrument Proficiency Check--           Airman Certification
 Helicopter.                              Standards; (date to be
                                          included).
Instrument Rating--Powered-Lift,         Instrument Rating--Powered-Lift
 Instrument Proficiency Check--Powered-   Airman Certification
 Lift.                                    Standards; (date to be
                                          included).
Flight Instructor Certificate; Airplane  Flight Instructor for Airplane
 Category--Single Engine Rating,          Category Airman Certification
 Airplane Category--Multiengine Rating.   Standards; (date to be
                                          included).
Flight Instructor Certificate;           Flight Instructor for
 Rotorcraft Category--Helicopter Rating.  Rotorcraft Category Helicopter
                                          Rating Airman Certification
                                          Standards; (date to be
                                          included).
Flight Instructor Certificate;           Flight Instructor Practical
 Rotorcraft Category--Gyroplane Rating.   Test Standards for Rotorcraft
                                          Category Gyroplane Rating;
                                          (date to be included).
Flight Instructor Certificate; Powered-  Flight Instructor for Powered-
 lift Category.                           Lift Category Airman
                                          Certification Standards; (date
                                          to be included).
Flight Instructor Certificate; Glider    Flight Instructor Practical
 Category.                                Test Standards for Glider
                                          Category; (date to be
                                          included).
Flight Instructor Certificate;           Flight Instructor Instrument
 Instrument--Airplane Rating.             Practical Test Standards for
Instrument--Helicopter Rating..........   Airplane Rating and Helicopter
                                          Rating; (date to be included).
Flight Instructor Certificate;           Flight Instructor Instrument
 Instrument--Powered-Lift Rating.         Powered-Lift Rating Airman
                                          Certification Standards; (date
                                          to be included).
Aircraft Type Rating--Airplane.........  Airline Transport Pilot and
                                          Type Rating for Airplane
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Aircraft Type Rating--Helicopter.......  Airline Transport Pilot and
                                          Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating;
                                          (date to be included).
Aircraft Type Rating--Powered-Lift.....  Airline Transport Pilot and
                                          Type Rating for Powered-Lift
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Pilot-in-Command Proficiency Check--     Airline Transport Pilot and
 Airplane.                                Type Rating for Airplane
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
Pilot-in-Command Proficiency Check--     Airline Transport Pilot and
 Helicopter.                              Type Rating Practical Test
                                          Standards for Rotorcraft
                                          Category Helicopter Rating;
                                          (date to be included).
Pilot-in-Command Proficiency Check--     Airline Transport Pilot and
 Powered-Lift.                            Type Rating for Powered-Lift
                                          Category Airman Certification
                                          Standards; (date to be
                                          included).
------------------------------------------------------------------------

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

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

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

0
11. Revise Sec.  63.39 to read as follows:


Sec.  63.39   Skill requirements.

    (a) An applicant for a flight engineer certificate with a class 
rating must pass a practical test in the class of airplane for which a 
rating is sought. To pass the practical test for a flight engineer 
certificate, the applicant must satisfactorily demonstrate the 
objectives in the areas of operation specified in the Flight Engineer 
Practical Test Standards, referenced in paragraph (c) of this section. 
The test may only be given on an airplane specified in Sec.  63.37(a).
    (b) The applicant must--
    (1) Show that the applicant can satisfactorily perform preflight 
inspection, servicing, starting, pretakeoff, and postlanding 
procedures;
    (2) In flight, show that the applicant can satisfactorily perform 
the normal duties and procedures relating to the airplane, airplane 
engines, propellers (if appropriate), systems, and appliances; and
    (3) In flight, in an airplane simulator, or in an approved flight 
engineer training device, show that the applicant can satisfactorily 
perform emergency duties and procedures and recognize and take 
appropriate action for malfunctions of the airplane, engines, 
propellers (if appropriate), systems and appliances.
    (c) FAA-S-8081-21A, Flight Engineer Practical Test Standards, [date 
to be included], is incorporated by reference into this section with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. This material is available for inspection at 
the Federal Aviation Administration (FAA) and the National Archives and 
Records Administration (NARA). Contact FAA at: Airman Testing Standards 
Branch/Regulatory Support Division, 405-954-4151, 
[email protected], www.faa.gov/training_testing. For information 
on the availability of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html, or email: 
[email protected]. The material may be obtained from FAA, 800 
Independence Avenue SW, Washington, DC 20591, 866-835-5322, 
www.faa.gov/training_testing.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

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


[[Page 75973]]


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

0
13. Amend Sec.  65.23 by:
0
a. Redesignating paragraphs (a)(1) and (2) as paragraphs (a)(3) and 
(4), respectively; and
0
b. Adding new paragraphs (a)(1) and (2) to read as follows:


Sec.  65.23   Incorporation by reference.

* * * * *
    (a) * * *
    (1) FAA-S-8081-10E, Aircraft Dispatcher Practical Test Standards; 
(date to be included); IBR approved for Sec.  65.59.
    (2) FAA-S-8081-25C, Parachute Riggers Practical Test Standards; 
(date to be included); IBR approved for Sec. Sec.  65.115(c), 
65.119(c), and 65.123(b).
* * * * *
0
14. Revise Sec.  65.59 to read as follows:


Sec.  65.59  Skill requirements.

    An applicant for an aircraft dispatcher certificate must pass a 
practical test given by the Administrator, with respect to any one type 
of large aircraft used in air carrier operations. To pass the practical 
test for an aircraft dispatcher certificate, the applicant must 
satisfactorily demonstrate the objectives in the areas of operation 
specified in the Aircraft Dispatcher Practical Test Standards 
(incorporated by reference, see Sec.  65.23).
0
15. Amend Sec.  65.115 by revising paragraph (c) to read as follows:


Sec.  65.115   Senior parachute rigger certificate: Experience, 
knowledge, and skill requirements.

* * * * *
    (c) Pass an oral and practical test showing the applicant's ability 
to pack and maintain at least one type of parachute in common use, 
appropriate to the type rating the applicant seeks. To pass the oral 
and practical test for a senior parachute rigger certificate, the 
applicant must satisfactorily demonstrate the objectives in the areas 
of operation applicable to a senior parachute rigger specified in the 
Parachute Rigger Practical Test Standards (incorporated by reference, 
see Sec.  65.23), appropriate to the type rating sought.
0
16. Amend Sec.  65.119 by revising paragraph (c) to read as follows:


Sec.  65.119   Master parachute rigger certificate: Experience, 
knowledge, and skill requirements.

* * * * *
    (c) Pass an oral and practical test showing the applicant's ability 
to pack and maintain two types of parachutes in common use, appropriate 
to the type ratings the applicant seeks. To pass the oral and practical 
test for a master parachute rigger certificate, the applicant must 
satisfactorily demonstrate the objectives in the areas of operation 
applicable to a master parachute rigger specified in the Parachute 
Rigger Practical Test Standards (incorporated by reference, see Sec.  
65.23), as appropriate to the type rating sought.
0
17. Amend Sec.  65.123 by revising paragraph (b) to read as follows:


Sec.  65.123   Additional type ratings: Requirements.

* * * * *
    (b) Pass a practical test, to the satisfaction of the 
Administrator, showing the applicant's ability to pack and maintain the 
type of parachute, appropriate to the type rating sought. To pass the 
practical test for an additional type rating, the applicant must 
satisfactorily demonstrate the objectives in the area of operation 
specified in the Parachute Rigger Practical Test Standards 
(incorporated by reference, see Sec.  65.23), applicable to the type 
rating sought.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703 in Washington, DC, on or about December 2, 2022.
Caitlin Locke,
Acting Deputy Executive Director, Flight Standards Service.
[FR Doc. 2022-26762 Filed 12-9-22; 8:45 am]
BILLING CODE 4910-13-P

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