Removal of Expiration Date on a Flight Instructor Certificate; Additional Qualification Requirements To Train Initial Flight Instructor Applicants; and Other Provisions, 32983-33011 [2023-10182]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 32983-33011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10182]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61, 63, 65, and 141

[Docket No. FAA-2023-0825; Notice No. 23-06]
RIN 2120-AL25


Removal of Expiration Date on a Flight Instructor Certificate; 
Additional Qualification Requirements To Train Initial Flight 
Instructor Applicants; and Other Provisions

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to amend the flight instructor certificate 
renewal requirements by changing the existing renewal requirements to 
recent experience requirements and adding a new method for persons to 
establish recent flight instructor experience. This rulemaking would 
also allow a flight instructor whose recent experience has lapsed by no 
more than three calendar months to reinstate flight instructor 
privileges by taking an approved flight instructor refresher course 
rather than completing a flight instructor certification practical 
test. Additionally, the FAA proposes to amend the qualification 
requirements for flight instructors seeking to provide training to 
initial flight instructor applicants by adding two new methods under 
which a flight instructor may become qualified to provide this 
training. Lastly, the FAA proposes to relocate and codify the 
requirements of a Special Federal Aviation Regulation into the 
regulations.

DATES: Send comments on or before June 22, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-0825 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time.

[[Page 32984]]

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: Allan G. Kash, Training and 
Certification Group, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-1100; email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Authority for This Rulemaking
III. Discussion of the Proposal
    A. Expiration, Renewal, and Reinstatement Requirements for 
Flight Instructor Certificates
    B. Conforming Amendments (Sec. Sec.  61.2, 61.56, 61.425, 
61.427, and SFAR 100-2)
    C. Instructor Qualifications for Training Initial Flight 
Instructor Applicants
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    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. How To Obtain Additional Information
    A. Comments Invited
    B. Availability of Rulemaking Documents
    C. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations and Acronyms Frequently Used In This Document

Advanced Aviation Training Device (AATD)
Aviation Training Device (ATD)
Basic Aviation Training Device (BATD)
FAA's Pilot Proficiency Program (WINGS)
Flight Instructor Refresher Course (FIRC)
Flight Instructor Enhanced Qualification Training Program (FIEQTP)
Flight Simulator Training Device (FSTD)
Flight Training Device (FTD)
Full Flight Simulator (FFS)

I. Executive Summary

    This rulemaking would amend part 61 of title 14 of the Code of 
Federal Regulations (14 CFR) by revising the expiration, renewal, and 
reinstatement requirements for flight instructor certificates and 
revising the qualifications for flight instructors seeking to train 
initial flight instructor applicants.
    As explained in section III.A. of the preamble, the FAA proposes to 
remove the expiration date on flight instructor certificates to align 
with other airmen certificates. As part of this rulemaking, the flight 
instructor certificate renewal requirements would become recent 
experience requirements. The FAA proposes to require flight instructors 
to establish recent experience at least once every 24 calendar months. 
The FAA also proposes to add a new method for flight instructors to 
establish recent experience by serving as a flight instructor in an 
FAA-sponsored pilot proficiency program. Additionally, while the FAA is 
not removing any existing allowances to renew a flight instructor 
certificate, as is discussed in section III.A., the FAA proposes to 
amend the reinstatement requirements of Sec.  61.199 by allowing flight 
instructors to reinstate their flight instructor privileges by taking 
an approved flight instructor refresher course (FIRC), provided the 
flight instructor's recent experience has not lapsed for more than 
three calendar months.
    As explained in section III.B. of the preamble, the FAA is also 
proposing to revise the qualifications for instructors seeking to train 
initial flight instructor applicants. More specifically, the FAA 
proposes to add two new qualification methods. Currently, to train 
initial flight instructor applicants,\1\ a flight instructor under part 
61 must meet the eligibility requirements of Sec.  61.183, hold the 
appropriate flight instructor certificate and rating, have held a 
flight instructor certificate for at least 24 calendar months, and have 
given at least 200 hours of flight training as a flight instructor if 
training in preparation for an airplane, rotorcraft, or powered-lift 
rating.\2\ In addition to retaining this current requirement, the FAA 
proposes two new options for flight instructors to qualify to provide 
flight training to initial flight instructor applicants. Under the 
first proposed method, a flight instructor would be required to have 
trained and endorsed at least five applicants for a practical test for 
a pilot certificate or rating, and at least 80 percent of those 
applicants passed that test on their first attempt. Under the second 
proposed method, a flight instructor would be required to have 
graduated from an FAA-approved flight instructor enhanced qualification 
training program (FIEQTP) and have given at least 200 hours of flight 
training as a flight instructor if training in preparation for an 
airplane, rotorcraft, or powered-lift rating (or 80 hours in the case 
of glider instruction). The FAA proposes to make these three 
qualification methods available to all flight instructors, including 
those serving under part 61 and those serving under an FAA-approved 
course under part 141 or 142.
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    \1\ Section 61.195(h) prescribes the requisite qualifications 
for a flight instructor training first-time flight instructor 
applicants.
    \2\ For training in preparation for a glider rating, the flight 
instructor must have given at least 80 hours of flight training as a 
flight instructor. 14 CFR 61.195(h)(2)(v).
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    Finally, the FAA proposes to relocate and codify Special Federal 
Aviation Regulation (SFAR) 100-2, Relief for U.S. Military and Civilian 
Personnel who are Assigned Outside the United States in Support of U.S. 
Armed Forces Operations, into parts 61, 63, and 65, respectively. The 
proposed codification of SFAR 100-2 is further discussed in section 
III.B.2.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 
106, describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    The FAA is issuing this proposed rulemaking under the authority 
described in 49 U.S.C. 106(f), which establishes the authority of the 
Administrator to promulgate regulations and rules; 49 U.S.C. 
44701(a)(5), which requires the Administrator to promote safe flight of 
civil aircraft in air commerce by prescribing regulations and setting 
minimum standards for other practices, methods, and procedures 
necessary for safety in air commerce and national security; and 49 
U.S.C. 44703(a), which requires the Administrator to prescribe 
regulations for the issuance of airman certificates when the 
Administrator finds, after investigation, that an individual is 
qualified for and physically able to perform the duties related to the 
position authorized by the certificate. This proposed rulemaking is 
within the scope of that authority.

III. Discussion of the Proposal

A. Expiration, Renewal, and Reinstatement Requirements for Flight 
Instructor Certificates

    Section 61.19 prescribes the duration of pilot and instructor 
certificates and privileges. Currently, under Sec.  61.19(d), a flight 
instructor certificate expires 24 calendar months from the month in 
which it was issued, renewed, or reinstated, as appropriate.\3\ The 
FAA's

[[Page 32985]]

current practice is to print the expiration date on the flight 
instructor certificate. To continue exercising flight instructor 
privileges, a person must renew their flight instructor certificate 
prior to its expiration date by passing a practical test or by 
submitting a completed and signed application with the FAA and 
satisfactorily completing one of the renewal requirements specified in 
Sec.  61.197(a)(2). This renewal process occurs at least once every 24 
calendar months from the date of issuance on the person's flight 
instructor certificate; however, flight instructors may renew their 
flight instructor certificates more frequently. If a person allows 
their flight instructor certificate to expire, the only method to 
reinstate that certificate is by passing a flight instructor practical 
test in accordance with Sec.  61.199.
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    \3\ Section 61.19(d) contains an exception to Sec.  61.197(b), 
which prescribes the requirements for determining the expiration 
month of a renewed flight instructor certificate.
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    Industry advocates have expressed support for removing the 
expiration date on a flight instructor certificate and amending the 
renewal and reinstatement requirements. These industry advocates 
asserted that requiring an expiration date on a flight instructor 
certificate is overly burdensome, costly, and provides no safety 
benefits. Specifically, on September 14, 1999, and again on March 13, 
2000, the Aircraft Owners and Pilots Association (AOPA) petitioned the 
FAA to remove the expiration on a flight instructor certificate. AOPA 
expressed concern that many current and former flight instructors 
perceive the existing FAA regulatory requirement for certificate 
expiration and reinstatement as a significant disincentive to renewing 
an expired certificated flight instructor certificate. AOPA's petition 
also asserted that flight instructor certificate expirations have 
substantially reduced the number of otherwise qualified and experienced 
part-time flight instructors.
    AOPA asked the FAA to eliminate the expiration date on a flight 
instructor certificate and add a three-month grace period to allow a 
flight instructor to reestablish recent experience by completing a FIRC 
within those three months. AOPA asserted that these changes would 
directly benefit the public, encourage many flight instructors with 
expired certificates to rejoin the instructional community, and 
eliminate the need for over 9,700 salary hours of unnecessary 
administrative processing at the Airman Certification Branch of the 
Civil Aviation Registry Division. AOPA also maintained that these 
changes would not adversely affect the quality of flight training or 
flight safety.
    On February 7, 2007, the FAA published a notice of proposed 
rulemaking (NPRM) in the Federal Register proposing to amend Sec. Sec.  
61.19(d), 61.197(a), and 61.199 to allow the issuance of flight 
instructor certificates without expiration dates.\4\ However, in the 
final rule published on August 21, 2009,\5\ the FAA decided to withdraw 
this proposal and continue issuing flight instructor certificates with 
expiration dates after determining that revising its application 
procedures could achieve equivalent results. The new application 
process, which allowed a FIRC provider to submit applications directly 
to the FAA's Airman Certification Branch, may have incentivized some 
flight instructors to renew their flight instructor certificates due to 
its streamlined and simplified characteristics. However, the FAA 
concludes that this simplified application process has not sufficiently 
addressed the administrative burden on the FAA and flight instructors 
of renewing flight instructor certificates. Additionally, retaining the 
expiration dates on flight instructor certificates is inconsistent with 
most airman certificates issued under part 61, which do not have 
expiration dates. With most airman certificates, a person may continue 
to exercise airman privileges so long as the person meets the 
appropriate airman and medical recent experience requirements. 
Furthermore, the reinstatement requirements continue to provide a 
disincentive for flight instructors to reinstate their flight 
instructor certificates shortly after expiration because the only 
option available to reinstate a flight instructor certificate is to 
pass a flight instructor practical test.
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    \4\ NPRM, Pilot, Flight Instructor, and Pilot School 
Certification, 72 FR 5806, 5813 (Feb. 7, 2007).
    \5\ Final Rule, Pilot, Flight Instructor, and Pilot School 
Certification, 74 FR 42500, 42508 (Aug. 21, 2009).
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    Therefore, the FAA is proposing to amend the expiration, renewal, 
and reinstatement requirements for flight instructors, which are found 
in Sec. Sec.  61.19(d), 61.197, and 61.199, respectively. The FAA notes 
that this proposed rulemaking would also make several conforming 
amendments in part 61 to accommodate the amendments to Sec. Sec.  
61.19(d), 61.197, and 61.199. The following sections discuss the FAA's 
proposal in more detail.
1. Removal of Expiration Date on Flight Instructor Certificates (Sec.  
61.19)
    Currently, under Sec.  61.19(d), the flight instructor certificate 
expires 24 calendar months from the month in which it was issued, 
renewed, or reinstated, as appropriate, except as provided in Sec.  
61.197(b). Section 61.197(b) prescribes requirements for determining 
the expiration month of a renewed flight instructor certificate.\6\
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    \6\ Currently, Sec.  61.197(b) states the expiration month of a 
renewed flight instructor certificate shall be 24 calendar months 
from: (1) the month the renewal requirements of Sec.  61.197(a) are 
accomplished; or (2) the month of expiration of the current flight 
instructor certificate provided the renewal requirements of Sec.  
61.197(a) are accomplished within 3 calendar months preceding the 
expiration month of the current flight instructor certificate; and 
if the renewal is accomplished by completing a FIRC, the approved 
FIRC must be completed within the 3 calendar months preceding the 
expiration month of the current flight instructor certificate.
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    The FAA is currently required to reissue physical certificates 
every time a flight instructor renews or reinstates their flight 
instructor certificate. This requirement leads to the FAA issuing many 
certificates each year.\7\ Moreover, while flight instructors are 
required to renew their flight instructor certificates once every 24 
calendar months, flight instructors often renew them more frequently 
(i.e., the regulations do not prevent a flight instructor from renewing 
at an earlier date than their expiration), which results in a higher 
processing workload for the FAA. The FAA finds that removing the 
expiration date from the flight instructor certificate would reduce the 
financial and administrative burdens without degrading safety because 
the current renewal requirements would become recent experience 
requirements, which flight instructors would continue to meet at least 
once every 24 calendar months to retain their flight instructor 
privileges.
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    \7\ The FAA Airmen Certification Branch processed 54,189 flight 
instructor certificate renewals in 2021 and 48,433 flight instructor 
certificate renewals in 2020. The FAA notes that as of 2021, there 
were 121,270 flight instructors. See https://www.faa.gov/data_research/aviation_data_statistics/civil_airmen_statistics/.
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    The FAA's proposal to remove the expiration date from flight 
instructor certificates is also intended to align the flight instructor 
certificate requirements with other airman certificates. Most airman 
certificates issued under part 61 do not have expiration dates. 
Instead, a person may exercise the privileges of an airman certificate 
only if that person meets the appropriate recent experience 
requirements of part 61, specific to the operation or activity.\8\ 
Therefore,

[[Page 32986]]

removing the expiration date on flight instructor certificates and 
changing the renewal requirements to recent experience requirements, 
which is discussed in the next section, would provide consistency in 
how airman certificates are issued and maintained under part 61.
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    \8\ Section 61.2(b)(1) states that no person may exercise 
privileges of an airman certificate, rating, endorsement, or 
authorization issued under part 61 unless that person meets the 
appropriate airman and medical recency requirements of part 61, 
specific to the operation or activity.
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    For these reasons, the FAA proposes to remove the expiration date 
from flight instructor certificates by revising Sec.  61.19(d). Because 
flight instructor certificates with expiration dates would continue to 
exist on the final rule's effective date, if this proposal is 
finalized, the FAA is proposing to create two subparagraphs under Sec.  
61.19(d). Section 61.19(d)(1) would remove the expiration date for 
flight instructor certificates issued on or after the final rule's 
effective date. Section 61.19(d)(2) would retain the current 
requirement and state that flight instructor certificates issued before 
the final rule's effective date would expire 24 calendar months from 
the month in which they were issued, renewed, or reinstated, as 
appropriate. In light of the proposed amendments to remove the 
expiration date from a flight instructor certificate, the FAA finds a 
revision is necessary to Sec.  61.19(a)(2) to include flight instructor 
certificates to those certificates considered valid unless surrendered, 
suspended, or revoked. In addition, the exception to Sec.  61.197(b) 
would be removed from Sec.  61.19(d) as unnecessary because, under this 
proposal, flight instructors would no longer have to determine the 
expiration month of a renewed flight instructor certificate.
2. Flight Instructor Recent Experience Requirements (Sec.  61.197)
    Currently, Sec.  61.197(a) provides five mechanisms by which a 
person who holds a flight instructor certificate that has not expired 
may renew that flight instructor certificate. Under the first option, a 
person may renew their flight instructor certificate by passing a 
practical test under Sec.  61.197(a)(1). Under the second option, a 
person may demonstrate that, within the preceding 24 calendar months, 
the person has endorsed at least five students for a practical test and 
at least 80 percent of those students passed that test on the first 
attempt.\9\ The third option allows a person to show, within the 
preceding 24 calendar months, that the flight instructor has served as 
a company check pilot, chief flight instructor, company check airman, 
or flight instructor in a part 121 or part 135 operation, or in a 
position involving the regular evaluation of pilots.\10\ Under the 
fourth option, a person may demonstrate that the person has 
successfully completed an approved FIRC within the preceding 3 calendar 
months.\11\ Lastly, a person may present a record showing that, within 
the preceding 24 calendar months, the person passed an official U.S. 
Armed Forces military instructor pilot or pilot examiner proficiency 
check in an aircraft for which the military instructor already holds a 
rating or in an aircraft for an additional rating.\12\ The second 
through fifth options require a person to submit a completed and signed 
application with the FAA evidencing satisfactory completion of the 
chosen renewal option.
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    \9\ 14 CFR 61.197(a)(2)(i). The FAA notes that current Sec.  
61.197(a)(2)(i) uses the term ``students.'' The term ``student'' 
refers to an applicant for an airman certificate under part 61. 
However, the FAA believes the term ``student'' could be 
misinterpreted to mean ``student pilot,'' which does not include 
certificated pilots training for an additional certificate or rating 
under part 61. See 14 CFR part 61, subpart C. The FAA is therefore 
proposing to use to term ``applicant'' because it would more 
appropriately describe the five persons that the flight instructor 
may train and endorse under current Sec.  61.197(a)(2)(i). For 
reasons discussed later in the preamble, the FAA is proposing to 
reorganize the requirements of Sec.  61.197. The FAA notes that the 
requirement in current Sec.  61.197(a)(2)(i) would be relocated to 
Sec.  61.197(b)(2)(i).
    \10\ 14 CFR 61.197(a)(2)(ii).
    \11\ 14 CFR 61.197(a)(2)(iii).
    \12\ 14 CFR 61.197(a)(2)(iv). The FAA recently revised Sec.  
61.197(a)(2)(iv) to expand the 12 calendar month timeframe to 24 
calendar months. Final Rule, Regulatory Relief: Aviation Training 
Devices; Pilot Certification, Training, and Pilot Schools; and Other 
Provisions, 83 FR 30232 (Jun. 27, 2018).
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    On April 2, 1964, the FAA published an NPRM that proposed to 
establish biennial renewal requirements for flight instructor 
certificates.\13\ In the NPRM, the FAA proposed to require flight 
instructor certificates to be renewed every 24 months and to prohibit 
the exercise of the flight instructor privileges if the certificate 
expired without being renewed.\14\ In the preamble, the FAA explained 
that these requirements were intended to increase safety through a 
higher standard of flight instruction by ensuring that flight 
instruction was being given by flight instructors who were familiar 
with current flight training standards and procedures.\15\ The final 
rule was published on June 29, 1965, and the FAA adopted biennial 
requirements for flight instructor certificates in Sec.  61.177.\16\ In 
a final rule published on February 1, 1973,\17\ the FAA recodified the 
flight instructor renewal requirements in Sec.  61.197 and added 
additional options for flight instructors to renew, which were 
consistent with the intent of the original rule.\18\
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    \13\ NPRM, Biennial Expiration and Renewal of Flight Instructor 
Certificates and Increased Supervision of Student Pilot Activities, 
29 FR 4738, 4739 (Apr. 2, 1964).
    \14\ The NPRM stated that under proposed Sec.  61.9, Duration of 
certificates, a flight instructor certificate expired at the end of 
the 24th month after the month in which it was issued or renewed, 
but the holder may have obtained another certificate under proposed 
Sec.  61.177, Renewal of flight instructor certificates.
    \15\ 29 FR at 4739.
    \16\ Final Rule, Biennial Expiration and Renewal of Flight 
Instructor Certificates and Increased Supervision of Student Pilot 
Activities, 30 FR 8256 (Jun. 29, 1965).
    \17\ Final Rule, Part 61 and Part 91 Miscellaneous Amendments, 
38 FR 3156 (Feb. 1, 1973).
    \18\ Prior to 1973, the only means by which a person could renew 
a flight instructor certificate was by passing a practical test. The 
1973 final rule amended the renewal requirements to allow a person 
to renew his or her flight instructor certificate by either passing 
a practical test or by showing one of the following: (1) a record of 
instruction showing that he or she is a competent flight instructor; 
(2) a satisfactory record as a company check pilot, chief flight 
instructor, pilot in command of an aircraft operated under part 121, 
or other activity involving the regular evaluation of pilots, and 
passes any oral test that may be necessary to determine that 
instructor's knowledge of current pilot training and certification 
requirements and standards; or (3) successful completion, within 80 
days before the application for renewal, of an approved FIRC. 38 FR 
at 3178.
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    As previously discussed, the FAA is proposing to remove the 
expiration date from the flight instructor certificate, which would 
eliminate the need to renew that certificate under current Sec.  
61.197. However, because the methods by which a person may renew a 
flight instructor certificate were adopted to ensure a high standard of 
flight training, the FAA finds it necessary to retain these methods 
under the new process.\19\ Therefore, to continue the high quality of 
flight training in general aviation, the FAA proposes to amend Sec.  
61.197 by changing the flight instructor renewal requirements to flight 
instructor recent experience requirements. More specifically, under 
this proposal, the FAA would retain the current methods for renewal, 
which are specified in Sec.  61.197(a) but would refer to them as 
recent experience requirements. Instead of a flight instructor renewing 
their flight instructor certificate every 24 calendar months, a flight 
instructor would need to establish recent experience at least once 
every 24 calendar months. This proposed change would ensure the quality 
of flight training is not adversely affected by the removal of the 
expiration date from the flight instructor certificate and would also 
align the flight instructor certificate with the majority of airman 
certificates in part 61, which are recent experience-based. The FAA 
notes that proposed Sec.  61.197 would not impose new

[[Page 32987]]

requirements on flight instructors. As with the current rule, flight 
instructors would have the option to choose one of several methods to 
satisfy the recent experience requirements.
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    \19\ NPRM, Biennial Expiration and Renewal of Flight Instructor 
Certificates and Increased Supervision of Student Pilot Activities, 
29 FR 4738, 4739 (Apr. 2, 1964).
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    Additionally, the FAA proposes to expand the regulatory options 
available to flight instructors to satisfy recent experience under 
Sec.  61.197. Current Sec.  61.197(a) identifies five methods for a 
flight instructor to renew a flight instructor certificate. FAA Order 
8900.1, Volume 5, Chapter 2, Section 11 contains guidance about these 
methods. In this guidance, the FAA identifies the FAA's WINGS--Pilot 
Proficiency Program as an approved program that flight instructors can 
use to satisfy flight instructor certificate renewal requirements.\20\
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    \20\ The FAA notes that FAA Order 8900.1, Volume 5, Chapter 2, 
Section 11 was revised on September 12, 2018. Before the revision, 
the WINGS Program was accepted under Sec.  61.197(a)(2)(iii) as an 
approved FIRC. Upon review of Sec.  61.197 and its guidance, the FAA 
determined the WINGS Program did not meet the FIRC requirements of 
Sec.  61.197(a)(2)(iii). Therefore, currently, the WINGS program is 
accepted under Sec.  61.197(a)(2)(ii) as being ``in a position 
involving the regular evaluation of pilots.'' Information on the 
WINGS Program can be found in Advisory Circular (AC) 61-91, as 
revised, WINGS--Pilot Proficiency Program.
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    The WINGS Program is a voluntary pilot education and proficiency 
program. The program consists of learning activities and tasks selected 
to address the documented causal factors of aircraft accidents. The 
WINGS Program provides the opportunity, the structure, and the 
recognition for pilots and flight instructors to continue their 
aviation education. The WINGS Program also provides a vast and cost-
free array of tools to help flight instructors perform their job more 
effectively, both when instructing on the ground and in flight. These 
tools include, but are not limited to, online lessons specifically 
designed to present critical information, updates, and activities to 
flight instructors concerning flight training and safety. Flight 
instructors are an integral part of the aviation community and play an 
important role in reducing the number of general aviation accidents by 
providing training and modeling best practices. Lessons and activities 
provided to flight instructors by the WINGS curriculum help to ensure 
flight instructors are familiar with current flight training standards 
and procedures. For these reasons, the FAA has determined that Sec.  
61.197 should include a standalone method that would allow persons to 
renew their flight instructor certificates or establish recent 
experience, as proposed, by serving as a flight instructor and 
participating in the WINGS program.
    Because the WINGS Program is currently accepted as a certificate 
renewal method for flight instructors and the FAA finds that the 
program familiarizes flight instructors with current flight training 
standards and procedures, the FAA proposes to add regulatory text to 
Sec.  61.197(b)(2) to expressly allow participation in the program as a 
method for meeting recent experience.\21\ Rather than codifying the 
WINGS Program itself, the FAA proposes to adopt language in Sec.  
61.197(b)(2)(v) that would allow a flight instructor to satisfy recent 
experience by serving as a flight instructor in an FAA-sponsored pilot 
proficiency program, provided certain proposed requirements are met. 
The phrase ``FAA-sponsored pilot proficiency program'' is intended to 
provide flexibility in the regulation to account for programs 
comparable to the WINGS Program that may be developed in the future. 
Among the proposed requirements, the flight instructor would be 
required to hold a flight instructor certificate and meet the 
appropriate flight instructor recent experience requirements of part 
61. Additionally, the proposed rule would require the flight instructor 
to complete at least one phase of the FAA-sponsored pilot proficiency 
program in the preceding 12 calendar months from the time of 
application. The FAA finds that requiring a flight instructor to 
participate in the program by completing at least one phase in the 
preceding 12 months would ensure that the flight instructor maintains 
pilot proficiency while gaining first-hand knowledge of the program and 
its benefits.\22\ Lastly, the flight instructor would be required to 
have given at least 15 hours of flight training under the FAA-sponsored 
pilot proficiency program to at least 5 pilots and to have made 
appropriate endorsements in those pilots' logbooks.\23\ A person 
serving as a flight instructor under the WINGS Program would satisfy 
this proposed requirement by giving flight training during at least 15 
WINGS-accredited flight activities at any level to at least five 
different pilots. The FAA is proposing to require flight instructors to 
provide flight training to various individuals under the WINGS Program 
to ensure that the flight instructor encounters different experiences 
and familiarizes themselves with current flight training standards and 
procedures. Due to the proposed reorganization of Sec.  61.197, which 
is discussed next, these proposed requirements are contained in Sec.  
61.197(b)(2)(v).
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    \21\ The FAA notes that the certificate renewal options are 
currently located in Sec.  61.197(a)(2); however, in proposing to 
reorganize Sec.  61.197, the FAA proposes to relocate the 
certificate renewal options (which would be recent experience 
options under the proposal) to proposed Sec.  61.197(b)(2).
    \22\ For more information about the various phases and levels of 
the WINGS Program, refer to FAA Order 8900.1, Volume 5, Chapter 2, 
Section 11 and Advisory Circular 61-91, as revised.
    \23\ The FAA notes that, currently, the WINGS Program records 
and validates all of the flight instructor's activities within the 
program, including endorsements made. The flight instructor may 
print a copy of the flight instructor's activity, including 
endorsements, as documentation for renewal eligibility. The FAA 
assumes that future FAA-sponsored pilot proficiency programs would 
enable the same tracking mechanisms.
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    In changing the flight instructor renewal requirements to flight 
instructor recent experience requirements, the FAA proposes to 
reorganize the requirements of Sec.  61.197 for clarity. Proposed Sec.  
61.197(a) would prohibit a person from exercising flight instructor 
privileges if that person has not satisfied the flight instructor 
recent experience requirements within the preceding 24 calendar months. 
Proposed Sec.  61.197(a) would also specify how to determine when the 
24 calendar month period begins. Initially, as proposed in Sec.  
61.197(a)(1), the 24 calendar month period would begin the month the 
FAA issues the flight instructor certificate without an expiration date 
to the person.\24\ This would be the case for persons who are being 
issued the flight instructor certificate for the first time and also 
for persons renewing their flight instructor certificate upon 
completing the recent experience requirements to obtain a flight 
instructor certificate without an expiration date. As discussed further 
below, persons who currently hold a flight instructor certificate with 
an expiration date would be required to meet the recent experience 
requirements prior to the expiration date listed on their certificate. 
After the initial 24 calendar month period following the issuance of 
the flight instructor certificate without an expiration date, persons 
would determine the beginning of the subsequent 24 calendar month 
period based on when they accomplish the recent experience event. For 
example, if a person accomplishes recency during the first 20 months of 
their current recent experience period, that person's next 24 calendar 
month period would begin the month the recent experience requirements 
are accomplished.

[[Page 32988]]

However, consistent with what the FAA currently allows,\25\ if a person 
accomplishes recency within the 3 calendar months preceding the last 
month of the person's current recent experience period (i.e., the 24th 
calendar month), the next 24 calendar month period would begin the last 
month of the flight instructor's current recent experience period 
(i.e., the 24th calendar month).
---------------------------------------------------------------------------

    \24\ The FAA notes that the flight instructor's initial 
certificate without the expiration date will state a date of 
issuance, indicating when the 24 calendar month period would begin.
    \25\ Currently, Sec.  61.197(b) allows the expiration month of a 
renewed flight instructor certificate to be 24 calendar months from 
the current expiration month if the renewal requirements are 
accomplished within the 3 calendar months preceding the expiration 
month of the current flight instructor certificate.
---------------------------------------------------------------------------

    The FAA proposes to relocate the current renewal requirements, 
which would become recent experience requirements, from Sec.  61.197(a) 
to Sec.  61.197(b). Current Sec.  61.197(b), which prescribes 
requirements for determining the expiration month of a renewed flight 
instructor certificate, would be removed as unnecessary. Current Sec.  
61.197(c), which allows the practical test required by Sec.  
61.197(a)(1) to be accomplished in a full flight simulator or flight 
training device if the test is accomplished under an approved course 
conducted by a part 142 training center, would be re-designated as 
Sec.  61.197(d).\26\
---------------------------------------------------------------------------

    \26\ In a final rule that published on June 27, 2018, the FAA 
replaced the words ``flight simulator'' with ``full flight 
simulator'' in several regulations, including current Sec.  
61.197(c). Final Rule, Regulatory Relief: Aviation Training Devices; 
Pilot Certification, Training, and Pilot Schools; and Other 
Provisions, 83 FR 30232.
---------------------------------------------------------------------------

    The FAA also proposes to add two new paragraphs to Sec.  61.197 to 
accommodate the change from renewal requirements to recent experience 
requirements. First, the FAA proposes to add Sec.  61.197(c) to 
prohibit a person who fails to establish recent experience in 
accordance with the proposed requirements from exercising flight 
instructor privileges until that person reinstates their flight 
instructor privileges in accordance with proposed Sec.  61.199. Second, 
the FAA proposes to add Sec.  61.197(e) to address persons who 
currently hold flight instructor certificates with expiration dates. 
Under this proposal, a person who holds a flight instructor certificate 
with an expiration date would be required to renew that certificate by 
establishing recent experience in accordance with proposed Sec.  
61.197(b). Upon completing recent experience, that person would submit 
an Airman Certificate and/or Rating Application and associated 
documentation to the Airman Certification Branch to document experience 
and obtain a flight instructor certificate without an expiration date. 
If a person who holds a flight instructor certificate with an 
expiration date fails to establish recent experience prior to the 
expiration of their flight instructor certificate, that person may not 
exercise flight instructor privileges until those privileges are 
reinstated in accordance with Sec.  61.199. Upon reinstating flight 
instructor privileges, that person would be issued a flight instructor 
certificate without an expiration date.
    Currently, when a person renews their flight instructor 
certificate, that person is required to submit an Airman Certificate 
and/or Rating Application (FAA Form 8710-1 or 8710-11, as applicable) 
to the FAA along with associated documentation that shows the flight 
instructor satisfactorily completed one of the renewal 
requirements.\27\ The airman submits FAA Form 8710-1 or 8710-11, as 
applicable, through the Integrated Airman Certification and Rating 
Application (IACRA) or by conventional mail to the Airman Certification 
Branch. Maintaining these records enables the FAA to keep track of how 
many flight instructor certificates have been renewed. The FAA notes 
that it is frequently asked to provide this data from many sources, 
such as governmental offices and industry. Under the proposed 
amendments, Sec.  61.197 would continue to require persons to submit an 
Airman Certificate and/or Rating Application and associated 
documentation \28\ to the FAA upon completion of the recent experience 
requirements. Submission of FAA Forms 8710-1 or 8710-11, as applicable, 
would remain the exclusive form and manner acceptable to the 
Administrator to submit flight instructor data to identify, validate, 
and track the flight instructor's recent experience period.
---------------------------------------------------------------------------

    \27\ 14 CFR 61.197(a)(2).
    \28\ Acceptable associated documentation submitted by the flight 
instructor to evidence completion of recent experience would not 
change under this proposed rule. Documentation would continue to be 
official company, FAA, military, or organizational records, as 
applicable. Acceptable documentation would show that the flight 
instructor met one of the recent experience options under Sec.  
61.197 and could include: a record of the names of applicants 
endorsed who passed the practical test and test dates (proposed 
Sec.  61.197(b)(2)(i)), copies of official company records (proposed 
Sec.  61.197(b)(2)(ii)), a copy of a FIRC graduation certificate 
(proposed Sec.  61.197(b)(2)(iii), official military records 
(proposed Sec.  61.197(b)(2)(iv)), or a copy of an FAA-sponsored 
pilot proficiency program activity report (proposed Sec.  
61.197(b)(2)(v)). Additional details regarding acceptable 
documentation criteria are provided in FAA Order 8900.1, Volume 5, 
Chapter 2, Section 11, paragraph 5-504.
---------------------------------------------------------------------------

    This process would allow the FAA to track and record the status of 
flight instructor certificates by capturing the events in which an 
applicant satisfies the proposed recent experience requirements of 
Sec.  61.197. While the flight instructor would not be applying to 
renew a certificate, the FAA finds it is necessary to maintain Forms 
8710-1 and 8710-11 as the collection mechanism because it would allow 
the FAA to continue to track the number of flight instructors who are 
eligible to exercise the privileges of their flight instructor 
certificates in a manner that flight instructors are accustomed. 
Additionally, utilizing Forms 8710-1 and 8710-11 would allow the FAA to 
validate that the flight instructor does, in fact, satisfy the recent 
experience requirements. Should the FAA find that the flight instructor 
either does not sufficiently show a recent experience requirement has 
been met, or does not meet the recent experience requirements, the FAA 
would deny the applicant's 8710-1, and direct the appropriate Flight 
Standards District Office (FSDO) to issue a Letter of Disapproval to 
the flight instructor. To ensure the flight instructor is prepared to 
show satisfactory evidence of meeting recent experience, the FAA 
recommends that flight instructors record the date and method used to 
establish recent experience in their logbooks or records to track their 
eligibility to exercise flight instructor privileges. The FAA notes 
that a flight instructor would be able to verify the status of their 
flight instructor certificate online at Airmen On-Line Services or by 
contacting the FAA Airman Certification Branch.\29\
---------------------------------------------------------------------------

    \29\ The FAA notes that a flight instructor would have several 
methods to contact the FAA to verify the status of the person's 
flight instructor certificate. The preferred method would be the 
Airmen Certification On-line services site. See https://amsrvs.registry.faa.gov/airmeninquiry/. The other methods include 
toll free phone, direct mail, and FAX.
---------------------------------------------------------------------------

    The FAA has revised FAA Forms 8710-1 and 8710-11 to account for 
recent experience for flight instructors and has placed a draft of each 
revised form in the docket for this rulemaking. The FAA notes that, in 
addition to the recent experience revisions, the FAA has also modified 
the form to clarify certain information. Specifically, and unrelated to 
this rulemaking, the FAA published a notice in the Federal Register 
inviting public comment on an information collection renewal for Forms 
8130-15, 8710-11, and 8710-12 on April 7, 2022 (87 FR 20497, Docket. 
No. FAA-2022-0455). AOPA commented in response to the notice 
recommending Question I.Za. on Form 8710-11 be amended to clarify 
whether alcohol offenses (generally) and those

[[Page 32989]]

involving motor vehicle actions (specifically) should be reported on 
the form. The FAA has clarified this question and added requisite 
instructions in response to AOPA's comment on both draft forms. While 
revising the form, the FAA also clarified question M. to restate from 
the instructions page that a student pilot certificate is considered a 
pilot certificate for purposes of the question. Finally, the FAA has 
also removed references to inspection authorization in both draft 
forms, as the FAA does not use these forms for initial or renewal 
inspection authorization applications. Rather, mechanics applying for 
an inspection authorization utilize Form 8610-1, which contains the 
requisite information. The FAA has analyzed these changes and 
determined that they do not affect the collection of information 
expected of the public such that any burden would increase.
3. Reinstatement of Flight Instructor Privileges (Sec.  61.199)
    Currently, Sec.  61.199 prescribes the reinstatement requirements 
for flight instructors who have allowed their flight instructor 
certificates to expire. To reinstate a flight instructor certificate, a 
person must either satisfactorily complete a flight instructor 
practical test or satisfy the reinstatement requirements for military 
instructor pilots. More specifically, a person who is not a military 
instructor pilot must satisfactorily complete either a flight 
instructor practical test for one of the ratings held on the expired 
flight instructor certificate or a flight instructor certification 
practical test for an additional rating. Military instructor pilots may 
either complete a flight instructor practical test or satisfy the 
requirements prescribed specifically for military instructor pilots in 
Sec.  61.199(a)(3).\30\ The reinstatement requirements of Sec.  61.199 
apply regardless of how recently the flight instructor certificate 
expired.
---------------------------------------------------------------------------

    \30\ Under these reinstatement requirements, which are currently 
contained in Sec.  61.199(a)(3), a military instructor pilot must 
provide a record showing that, within the preceding 6 calendar 
months the military instructor pilot either passed a U.S. Armed 
Forces instructor pilot or pilot examiner proficiency check; or 
completed a U.S. Armed Forces' instructor pilot or pilot examiner 
training course and received an additional aircraft rating 
qualification as a military instructor pilot or pilot examiner that 
is appropriate to the flight instructor rating sought. While this 
option has also been extended to military pilot examiners, as 
evidenced in Sec.  61.199(a)(3)(ii) of completing a pilot examiner 
training course, the introductory text of Sec.  61.199(a)(3) is 
currently silent as to their inclusion. Therefore, the FAA proposes 
to add pilot examiners to Sec.  61.199(a)(3) for consistency and 
clarity.
---------------------------------------------------------------------------

    The FAA adopted the requirement for a flight instructor to take a 
practical test upon expiration of their flight instructor certificate 
in 1965 \31\ when the FAA adopted the biennial renewal requirements for 
flight instructor certificates, as previously discussed in section 
III.A.2 of this preamble. For the renewal or reinstatement of a flight 
instructor certificate, the FAA required a person to satisfactorily 
demonstrate to the Administrator the applicant's ability to give flight 
instruction by passing a practical test. However, the final rule 
allowed the Administrator to limit the test to those items necessary to 
determine continued competency of the applicant if the certificate was 
unexpired and the person's record of flight instruction warranted it. 
The FAA adopted the biennial expiration and renewal requirements to 
create a higher standard of flight instruction and ensure that flight 
instructors were familiar with current flight training standards and 
procedures.
---------------------------------------------------------------------------

    \31\ 30 FR 8256.
---------------------------------------------------------------------------

    Today, a flight instructor may renew a flight instructor 
certificate by completing an approved FIRC prior to the expiration date 
listed on their certificate. The FAA is retaining this method of 
renewal. However, a flight instructor who allows their flight 
instructor certificate to expire must pass a practical test regardless 
of how recently the flight instructor certificate expired. The FAA 
finds that the knowledge and skills of a person who renews their flight 
instructor certificate by completing an approved FIRC within the 24 
month renewal window are comparable to the knowledge and skills of a 
person whose flight instructor certificate expired less than three 
calendar months after that period. Therefore, the FAA finds it 
unnecessary to require a person to take a flight instructor practical 
test during the first three calendar months following the expiration of 
the person's flight instructor certificate, or following the person's 
lapse in recent experience as proposed, because the flight instructor's 
knowledge and skills will not have degraded significantly during that 
time.
    Furthermore, the FAA finds that the current reinstatement 
requirements of Sec.  61.199 (i.e., successful completion of a 
practical test) discourages many flight instructors who would otherwise 
renew their certificates shortly after expiration when there is little 
degradation in knowledge and experience. For example, a person whose 
flight instructor certificate has been expired for only one day is 
still required to take a practical test even though the completion of 
an approved FIRC and submission of the documents required under Sec.  
61.197(a)(2) a few days sooner would have been sufficient. The FAA has 
determined that requiring a flight instructor to take a practical test 
shortly after their flight instructor certificate expires imposes 
unnecessary personal and financial burdens on that flight instructor. 
Taking a practical test is a time and cost-intensive endeavor. This 
expenditure generally includes the applicant's personal time to prepare 
for, arrange, and take the test; the cost of a designated examiner to 
conduct the test; and the aircraft operational or rental costs incurred 
while taking the test. These costs are significantly higher than the 
cost of completing an approved FIRC \32\ under current Sec.  
61.197(a)(2)(iii).\33\
---------------------------------------------------------------------------

    \32\ Refer to footnote 81 for estimated cost for taking a 
practical reinstatement test and the estimated savings that the FAA 
proposal would provide by allowing a flight instructor to complete 
an approved FIRC during the first three months following the flight 
instructor's lapse in recent experience.
    \33\ The FAA notes that the FAA proposes to reorganize Sec.  
61.197 and relocate Sec.  61.197(a)(2)(iii) to Sec.  
61.197(b)(2)(iii).
---------------------------------------------------------------------------

    An approved FIRC informs flight instructors of the recent changes 
in general aviation flight training; provides flight instructors with 
the necessary refresher training; and exposes flight instructors to the 
latest in-flight training techniques, the newest technologies, and the 
latest operational safety procedures. FIRCs also emphasize development 
and improvement of the instructor skills necessary to effectively 
convey information to pilots-in-training and build a foundational 
culture of safety within them.\34\ The FAA finds that allowing a flight 
instructor to complete an approved FIRC during the first three months 
following the flight instructor's lapse in recent experience would 
achieve the same level of safety as the current reinstatement 
requirements by ensuring flight instructors have the necessary level of 
aeronautical knowledge to perform their job effectively.
---------------------------------------------------------------------------

    \34\ See Advisory Circular 61-83, as revised, Nationally 
Scheduled, FAA-Approved, Industry-Conducted Flight Instructor 
Refresher Course.
---------------------------------------------------------------------------

    The FAA understands that a flight instructor's technical knowledge 
and instructional proficiency diminishes over prolonged inactivity; 
however, a flight instructor's knowledge and proficiency is not 
diminished on the day, or shortly after the day, the instructor's 
recent experience period has lapsed. Therefore, the FAA determined that 
mandating a practical test, as the only means to reinstate a flight 
instructor's recent experience and

[[Page 32990]]

privileges, is unwarranted shortly after a flight instructor's recent 
experience lapses. As discussed earlier, AOPA also asked the FAA to add 
a three-month period to allow a flight instructor to reestablish recent 
experience by completing a FIRC within those three months. The FAA 
finds that three-calendar-months following the flight instructor's 
lapse of recent experience is an appropriate period to reinstate the 
privileges of their flight instructor certificate by completing a FIRC 
without adversely affecting the quality of flight training or flight 
safety. For the reasons discussed above, the FAA determined that there 
is good cause to propose a three-calendar-month period to allow flight 
instructors to reinstate their privileges to instruct by completing an 
approved FIRC.
    The FAA's proposal to add a three-calendar-month reinstatement 
period that would allow flight instructors to take an approved FIRC 
rather than a practical test is intended to encourage flight 
instructors to reinstate their flight instructor privileges during the 
three calendar months following their lapse in recent experience. The 
FAA notes that a flight instructor may not exercise the privileges of 
their flight instructor certificate when their recent experience has 
lapsed. Furthermore, this option would accommodate flight instructors 
who have encountered unique circumstances, such as national disasters, 
that may have prevented them from renewing their certificates before 
the expiration date.
    As explained in the previous sections, flight instructor 
certificates would not expire under this proposal, and flight 
instructors would be required to satisfy recent experience requirements 
rather than renewal requirements. As a result, the FAA proposes to make 
conforming amendments to Sec.  61.199. More specifically, Sec.  61.199 
would contain the requirements for reinstating flight instructor 
privileges for persons who have allowed their recent experience to 
lapse, rather than reinstatement requirements for expired flight 
instructor certificates.
    Accordingly, the FAA proposes to amend Sec.  61.199(a) by adding a 
three-calendar-month reinstatement period that would immediately follow 
the flight instructor's lapse in recent experience, during which a 
person would have the option to reinstate their flight instructor 
privileges by completing an approved FIRC. This new reinstatement 
option would be contained in Sec.  61.199(a)(1). The FAA notes that 
proposed Sec.  61.199(a)(1) would also retain the option for a person 
to reinstate their flight instructor privileges during the first three 
calendar months by passing a practical test in accordance with proposed 
Sec.  61.199(a)(2) because this option is currently allowed today. 
Proposed Sec.  61.199(a)(2) would contain the current requirements and 
would apply if more than three calendar months have passed since the 
last month of the flight instructor's recent experience period. 
Therefore, under proposed Sec.  61.199(a)(2), a person would be 
required to pass either a flight instructor practical test for one of 
the ratings held on their flight instructor certificate or a flight 
instructor practical test for an additional rating.\35\
---------------------------------------------------------------------------

    \35\ The FAA notes that Sec.  61.199(a)(3) will remain 
unchanged, thereby retaining the reinstatement option for military 
pilots to either pass a U.S. Armed Forces instructor pilot or pilot 
examiner proficiency check or complete a U.S. Armed Forces' 
instructor pilot or pilot examiner training course and receive an 
additional aircraft rating qualification as a military instructor 
pilot or pilot examiner.
---------------------------------------------------------------------------

    Additionally, in a 2018 final rule, the FAA added a temporary 
provision to Sec.  61.199(c) to allow military instructors who obtained 
their initial flight instructor certificate under subpart H prior to 
October 20, 2009, to reinstate that instructor certificate based on 
military experience rather than by completing a practical test.\36\ Per 
Sec.  61.199(d), this temporary provision expired on August 26, 2019. 
As this expiration date has passed and this method of reinstatement for 
expired flight instructor certificates is no longer permitted, the FAA 
proposes to remove Sec.  61.199(c) and (d) from the regulations.
---------------------------------------------------------------------------

    \36\ 83 FR 30232.
---------------------------------------------------------------------------

B. Conforming Amendments (Sec. Sec.  61.2, 61.56, 61.425, 61.427, and 
Special Federal Aviation Regulation (SFAR) No. 100-2)

    The FAA proposes to make conforming amendments to Sec. Sec.  61.2, 
61.56, 61.425, 61.427, and Special Federal Aviation Regulation (SFAR) 
No. 100-2 to ensure consistency with the FAA's proposal to amend 
Sec. Sec.  61.197 and 61.199. For reasons discussed in more detail 
below, the FAA also proposes to relocate and codify the requirements of 
SFAR 100-2 in the regulations.
1. Proposed Amendments to Sec. Sec.  61.2, 61.56, 61.425, and 61.427
    Section 61.2(b) requires persons to meet the appropriate airman and 
medical recent experience requirements to exercise privileges of an 
airman certificate, rating, endorsement, authorization, or foreign 
pilot license. Currently, Sec.  61.2(b) refers to the recent experience 
requirements of part 61 as ``recency'' requirements rather than 
``recent experience'' requirements. The FAA recognizes that it uses the 
terms ``recency,'' ``recent flight experience,'' and ``recent 
experience'' requirements interchangeably in the regulations. However, 
the terms ``recent flight experience'' and ``recent experience'' are 
used more frequently than ``recency.'' The FAA proposes to revise Sec.  
61.2(b) to use the term ``recent experience'' requirements to create 
consistency within part 61 and conform to the proposed changes to Sec.  
61.197, which would create recent experience requirements for flight 
instructors. The FAA notes that the term ``recent experience'' is more 
appropriate than ``recent flight experience'' because Sec.  61.2(b) 
requires a person to meet the appropriate airman and medical recent 
experience requirements of part 61, which contain more than flight 
experience requirements.
    Section 61.56 prescribes the requirements for a flight review, 
which must consist of a minimum of 1 hour of flight training and 1 hour 
of ground training. Except as specified in Sec.  61.56(d), (e), and 
(g), a person may not act as pilot-in-command (PIC) of an aircraft 
unless that person has accomplished a flight review in the 24 calendar 
months preceding the month in which the pilot acts as PIC.\37\ 
Therefore, Sec.  61.56(d) contains certain exceptions to the flight 
review requirements. Under Sec.  61.56(d)(2), a person need not 
accomplish a flight review if the person has passed a practical test 
conducted by an examiner for one of the following: the issuance of a 
flight instructor certificate, an additional rating on a flight 
instructor certificate, renewal of a flight instructor certificate, or 
the reinstatement of a flight instructor certificate.
---------------------------------------------------------------------------

    \37\ 14 CFR 61.56(c).
---------------------------------------------------------------------------

    Under the proposal, flight instructor certificates would no longer 
expire, and flight instructors would no longer be required to renew 
their flight instructor certificates under Sec.  61.197. Instead, Sec.  
61.197 would contain flight instructor recent experience requirements 
and allow a person to establish recent experience by passing a 
practical test for one of the ratings listed on the flight instructor 
certificate or for an additional flight instructor rating. 
Additionally, Sec.  61.199 would contain requirements for reinstating 
flight instructor privileges rather than requirements for reinstating 
an expired flight instructor certificate. Among the options for 
reinstatement, a person may pass a flight instructor practical test. 
Therefore, the FAA is proposing to revise the language of Sec.  
61.56(d)(2) to conform to the changes proposed in Sec. Sec.  61.197 and 
61.199.

[[Page 32991]]

    Additionally, the FAA is proposing a minor editorial change to 
Sec.  61.56(e) to remove the word ``award'' in the description of the 
FAA-sponsored pilot proficiency program. The FAA currently sponsors a 
pilot proficiency program termed WINGS, which was previously described 
as an ``awards'' program. However, the FAA no longer assigns this 
terminology to WINGS, as the WINGS program is more properly described 
simply as a proficiency program designed to help improve pilot skills 
and knowledge. Further, the removal of the term ``award'' more 
accurately encompasses the general objectives of a pilot proficiency 
program to meet the flight renewal provision of Sec.  61.56(e) should 
the FAA sponsor additional programs.
    Section 61.56(f) provides an exception to the ground training 
portion of the flight review requirement. Under current Sec.  61.56(f), 
a person who has satisfactorily renewed their flight instructor 
certificate under current Sec.  61.197 is not required to accomplish 
the one hour of ground training required for a flight review. Because 
proposed Sec.  61.197 would contain recent experience requirements for 
a flight instructor certificate rather than renewal requirements, the 
FAA is proposing to make conforming amendments to Sec.  61.56(f). 
Therefore, Sec.  61.56(f) would except a flight instructor from the 
ground training requirements of a flight review if that flight 
instructor has met the recent experience requirements for a flight 
instructor certificate under Sec.  61.197.
    In addition, the FAA proposes to revise Sec.  61.56(f) to except 
any persons who reinstate their flight instructor privileges from the 
ground training portion of the flight review by completing an approved 
FIRC within the three calendar month reinstatement period proposed in 
Sec.  61.199(a)(1). Under the proposal, a person who reinstates their 
flight instructor privileges by completing a practical test under Sec.  
61.199(a)(2) would be excepted from the entire flight review. However, 
a person who satisfies recent flight instructor experience by 
satisfactorily completing an approved FIRC would be excepted from only 
the ground training portion of the flight review. The FAA finds that a 
person who reinstates their flight instructor privileges by completing 
an approved FIRC during the three-calendar-month reinstatement period 
should be given the same relief as a person who establishes recent 
experience by completing an approved FIRC. The FAA proposes to revise 
Sec.  61.56(f) accordingly.
    Currently, Sec. Sec.  61.425 and 61.427 prescribe renewal and 
reinstatement requirements for persons who hold a flight instructor 
certificate with a sport pilot rating. Under Sec.  61.425, a person who 
holds a flight instructor certificate with a sport pilot rating may 
renew that certificate in accordance with Sec.  61.197. Section 61.427 
allows a person to exchange their expired flight instructor certificate 
with a sport pilot rating for a new certificate with a sport pilot 
rating and any rating on that certificate by passing a practical test 
as prescribed in Sec.  61.405(b) or Sec.  61.183(h) for one of the 
ratings listed on their expired flight instructor certificate.
    To ensure consistency with the proposed amendments to Sec. Sec.  
61.197 and 61.199, the FAA proposes to make conforming amendments to 
Sec. Sec.  61.425 and 61.427. The FAA proposes to bifurcate Sec.  
61.425 into two paragraphs. Section 61.425(a) would govern flight 
instructor certificates issued without expiration dates. Section 
61.425(b) would govern flight instructor certificates issued prior to 
the final rule becoming effective, which would contain expiration 
dates. Thus, Sec.  61.425(a) would require a person who holds a flight 
instructor certificate with a sport pilot rating issued after the final 
rule's effective date to establish recent experience in accordance with 
Sec.  61.197 (i.e., within the 24 preceding months, the person has 
satisfied one of the recent experience requirements in Sec.  
61.197(b)). For persons who hold unexpired flight instructor 
certificates with a sport pilot rating issued before the final rule 
becomes effective, Sec.  61.425(b) would allow those persons to renew 
their certificate by establishing recent experience in accordance with 
Sec.  61.197 prior to the expiration month listed on their flight 
instructor certificate.
    In addition, the FAA proposes to revise Sec.  61.427 to align with 
the proposed amendments to Sec.  61.199. Therefore, proposed Sec.  
61.427 would address how to reinstate flight instructor privileges if a 
person fails to establish recent experience for a flight instructor 
certificate with a sport pilot rating. Consistent with proposed Sec.  
61.199, a person who holds a flight instructor certificate with a sport 
pilot rating must reinstate their flight instructor privileges by 
successfully completing an approved FIRC if three calendar months or 
less have passed since the last month of their recent experience 
period. Section 61.427(a) would contain this proposed requirement. If 
more than three calendar months have passed since the last month of the 
flight instructor's recent experience period, the flight instructor 
with a sport pilot rating would be required to pass a practical test in 
accordance with proposed Sec.  61.427(b) to reinstate their flight 
instructor privileges.
2. Proposed Amendments to SFAR No. 100-2
    Currently, SFAR No. 100-2 provides relief to U.S. military and 
civilian personnel who have served outside the United States in support 
of U.S. Armed Forces operations during some period of time beginning on 
or after September 11, 2001. To be eligible for the relief under SFAR 
No. 100-2, the person's flight instructor certificate, airman written 
test report, or inspection authorization must have expired sometime 
between September 11, 2001, and six calendar months after returning to 
the United States. SFAR No. 100-2 allows these persons to present an 
expired flight instructor certificate to show eligibility for renewal 
of a flight instructor certificate under Sec.  61.197; an expired 
written test report to show eligibility to take a practical test under 
parts 61, 63, and 65; and an expired inspection authorization to show 
eligibility for renewal under Sec.  65.93. To exercise the relief 
provided by SFAR No. 100-2, the person must renew their flight 
instructor certificate or inspection authorization, as appropriate, or 
pass the appropriate practical test within six calendar months after 
returning to the United States. The FAA recognizes that a person could 
have multiple deployments. The FAA, therefore, notes that this SFAR 
provision does not allow a person to exercise the relief within six 
calendar months after returning from the United States following any 
deployment. Instead, a person must exercise the relief within the six 
calendar months after returning to the United States following the 
deployment where the flight instructor certificate, written test 
report, or inspection authorization expired. In addition, a person must 
submit required documentation to the FAA with their Airman Certificate 
and/or Rating Application. Currently, SFAR No. 100-2 is ``effective 
until further notice.''
    The relief provided by SFAR No. 100-2 has existed since the FAA 
issued SFAR No. 96 on May 6, 2002. After the terrorist attacks of 
September 11, 2001, many U.S. military and civilian personnel were 
assigned outside the United States in support of Operation Enduring 
Freedom. For this reason, the FAA adopted SFAR No. 96 to provide relief 
to a narrow range of individuals

[[Page 32992]]

in a narrow set of circumstances.\38\ As a result of the continuing 
conflicts, the FAA superseded SFAR No. 96 with SFAR No. 100, which 
applied to all military and civilian personnel assigned overseas in 
support of any and all U.S. Armed Forces operations.\39\ On June 30, 
2005, the FAA extended SFAR No. 100 by issuing SFAR No. 100-1 with an 
expiration date of June 20, 2010.\40\ The FAA subsequently replaced 
SFAR No. 100-1 with SFAR No. 100-2 on March 4, 2010.\41\ The FAA issued 
SFAR No. 100-2 without an expiration date to ensure the U.S. personnel 
assigned outside of the United States, who continue to preserve, 
protect, and defend the American public, can obtain additional time for 
renewal of their flight instructor certificates, inspection 
authorizations, and airman written test reports.
---------------------------------------------------------------------------

    \38\ Final Rule, Relief for Participants in Operation Enduring 
Freedom, 67 FR 30524 (May 6, 2002).
    \39\ Final Rule, Relief for U.S. Military and Civilian Personnel 
Who Are Assigned Outside the United States in Support of U.S. Armed 
Forces Operations, 68 FR 36902 (Jun. 20, 2003).
    \40\ 70 FR 37946.
    \41\ 75 FR 9763.
---------------------------------------------------------------------------

    As evident from the history of the SFAR, there is an ongoing need 
to retain the relief provided by SFAR No. 100-2. The relief has existed 
for over 19 years, and the FAA is unable to determine an expiration 
date for the relief because of ongoing overseas operations. Because 
SFAR No. 100-2 is not temporary, the FAA finds that the content of SFAR 
No. 100-2 would be more appropriately addressed as a new section in 
part 61. Therefore, the FAA is proposing to relocate and codify the 
contents of SFAR No. 100-2 into the regulations. Because SFAR No. 100-2 
provides relief to persons under parts 61, 63, and 65, the FAA proposes 
to codify the contents of SFAR No. 100-2 by amending parts 61, 63, and 
65.
    Specifically, the FAA proposes to add new Sec.  61.40, which would 
codify the general contents of SFAR No. 100-2. Then, the FAA proposes 
to revise various sections of parts 61, 63, and 65 by including cross-
references to Sec.  61.40 where necessary to ensure the relief of SFAR 
No. 100-2 is appropriately codified in the appropriate part. The FAA 
emphasizes that it is not proposing any substantive changes to the 
content of SFAR No. 100-2 other than extending the relief to include 
persons who have failed to establish recent flight instructor 
experience requirements in accordance with proposed Sec.  61.197, which 
is discussed in more detail below. However, the FAA has contemplated 
revising the provisions that reference the September 11, 2001 date 
because more than 20 years have passed since that date occurred.
    The FAA proposes to relocate the content of SFAR No. 100-2 to new 
Sec.  61.40. Proposed Sec.  61.40(a) would prescribe the documents that 
must be presented to show eligibility to renew a flight instructor 
certificate, establish recent flight instructor experience, take a 
practical test, or renew an inspection authorization, as appropriate. 
Proposed Sec.  61.40(b) would contain the requirements for a person to 
be deemed eligible for the relief specified in Sec.  61.40(a). Lastly, 
proposed Sec.  61.40(c) would contain the documentation requirements. 
The FAA notes that paragraph 3 of SFAR No. 100-2, which contains the 
current documentation requirements, requires a person to submit \42\ 
the Airman Certificate/or Rating Application, FAA Form 8710-1 or 8710-
11, as applicable, to the appropriate Flight Standards office. However, 
FAA Form 8710-1 is not the appropriate application for every person 
seeking relief under SFAR No. 100-2.\43\ Therefore, in addition to its 
proposal to relocate the documentation requirements to Sec.  61.40(c), 
the FAA proposes to revise the provision to require a person to 
complete the application appropriate to the relief sought.
---------------------------------------------------------------------------

    \42\ The FAA notes that currently SFAR No. 100-2 paragraph 3 
requires a person to send the Airman Certificate and/or Rating 
application to the appropriate Flight Standards office. The FAA 
proposes to change this language to submit because there are now 
several acceptable ways in which the person may provide the FAA the 
application (e.g., virtual conferencing tool, in-person) rather than 
only sending through traditional mail.
    \43\ FAA Form 8710-1 is the application for pilots, flight 
instructors, and ground instructors. However, SFAR No. 100-2 also 
provides relief for persons seeking to take practical tests under 
parts 63 and 65 with expired written test reports and relief for a 
person seeking to renew an expired inspection authorization under 
part 65. Therefore, a person seeking relief under the requirements 
of SFAR No. 100-2 should complete and submit the application 
appropriate to the relief sought, which may be FAA Form 8710-1, 
8400-3, 8610-1, or 8610-2. FAA Form 8400-3 is the application for 
flight engineers, flight navigators, aircraft dispatchers, and 
control tower operators. FAA Form 8610-1 is the mechanic's 
application for inspection authorization. FAA Form 8610-2 is the 
application for mechanics, repairmen, and parachute riggers.
---------------------------------------------------------------------------

    Depending on the date the flight instructor certificate was issued, 
proposed Sec.  61.40(a)(1) through (3) would allow flight instructors 
to either renew their expired flight instructor certificate or 
establish recent flight instructor experience in accordance with Sec.  
61.197. As previously mentioned, SFAR No. 100-2 currently provides 
relief to a person whose flight instructor certificate expires as a 
result of the person's service overseas. Because the FAA's proposal 
would remove the expiration dates from flight instructor certificates 
and convert the flight instructor renewal requirements of Sec.  61.197 
to recent experience requirements, the FAA proposes to make conforming 
amendments to the existing requirements in SFAR No. 100-2. More 
specifically, the FAA proposes to extend the relief to persons who fail 
to establish the recent experience requirements of proposed Sec.  
61.197 as a result of their service in support of U.S. Armed Forces' 
operations. For flight instructor certificates issued after the final 
rule becomes effective, the person would be required to present a 
record demonstrating the last recent experience event accomplished 
under Sec.  61.197 to show eligibility to reestablish recent experience 
under Sec.  61.197. However, the FAA recognizes that there may be 
persons who are issued a flight instructor certificate for the first 
time after the final rule becomes effective that are unable to 
establish recent experience during their first 24 months as a flight 
instructor. For these persons, the FAA proposes to allow them to 
present a flight instructor certificate demonstrating the date of 
issuance to show eligibility to establish recent experience under Sec.  
61.197. The FAA proposes to codify this relief by adding new Sec.  
61.40(a)(2) and (3) and by including the necessary cross-references in 
proposed Sec.  61.197(c) and (e). Proposed Sec.  61.40(a)(1) would 
contain the existing relief for persons holding expired flight 
instructor certificates.
    Proposed Sec.  61.40(a)(4) through (6) would allow eligible persons 
to take a practical test under parts 61, 63, and 65 with expired 
written test reports. The FAA recognizes that there are several 
regulations throughout parts 61, 63, and 65 that require the applicant 
to have passed the knowledge test within the 24-calendar-month period 
preceding the month the applicant completes the practical test. 
Therefore, the FAA proposes to revise certain sections of parts 61, 63, 
and 65 to enable persons to exercise the relief provided by proposed 
Sec.  61.40. More specifically, the FAA proposes to revise Sec.  61.39, 
which contains the prerequisites for practical tests under part 61, by 
adding new Sec.  61.39(e) to allow applicants for an airman certificate 
or rating under part 61 to take a practical test with an expired 
knowledge test if that applicant meets the requirements of proposed 
Sec.  61.40. The FAA also proposes to include exception language 
referencing new Sec.  61.39(e) in Sec.  61.39(a), (b), and (c), which 
would implement the relief provided by proposed Sec.  61.40. With 
respect to part 63, the FAA proposes to

[[Page 32993]]

revise Sec. Sec.  63.35(d) and 63.53 to allow applicants for flight 
engineer certificates or ratings and applicants for flight navigator 
certificates to take their practical tests under part 63 with expired 
written test reports in accordance with Sec.  61.40.\44\ With respect 
to part 65, the FAA proposes to revise Sec. Sec.  65.55 and 65.71 \45\ 
to allow applicants for aircraft dispatcher certificates and mechanic 
certificates or ratings to take their practical tests under part 65 
with expired written test reports in accordance with Sec.  61.40. 
Proposed Sec.  65.55(b) and (c) add an exception to allow eligible 
persons to take a practical test for an aircraft dispatcher certificate 
under part 65 with an expired written test report in accordance with 
Sec.  61.40. Proposed Sec.  65.75(d) excepts eligible persons from the 
requirement that a certificated mechanic must pass the required tests 
within a period of 24 months. These revisions would ensure the relief 
currently provided by SFAR No. 100-2 would remain unchanged under the 
FAA's proposal to relocate and codify the relief in the regulations.
---------------------------------------------------------------------------

    \44\ Additionally, the FAA proposes to revise Sec.  63.35(c) to 
remove a gender reference and clarify that the 24 month period is 
calendar months.
    \45\ The FAA also proposes to revise Sec.  65.71(a)(4) to remove 
a gender reference and clarify that the 24 month period is calendar 
months.
---------------------------------------------------------------------------

    Lastly, proposed Sec.  61.40(a)(6) would allow persons to renew an 
expired inspection authorization under Sec.  65.93. Because Sec.  65.93 
does not currently allow for this relief, the FAA proposes to add new 
paragraph (d) and to include exception language in current Sec.  
65.93(a) to expressly allow an eligible person to renew an expired 
inspection authorization under part 65 in accordance with Sec.  61.40.
    The following table shows which regulations the FAA proposes to 
revise to enable the codification of SFAR No. 100-2. The table also 
shows where the FAA proposes to codify each provision of SFAR No. 100-
2.

 Summary of Proposed Changes to Special Federal Aviation Regulation No.
                                  100-2
------------------------------------------------------------------------
                                   Proposed sections   Current section/
Description of proposed revision    of 14 CFR parts    paragraph of SFAR
                                    61, 63, and 65         No. 100-2
------------------------------------------------------------------------
Excepts eligible persons from     Sec.   61.39(a),    Section 1.
 the requirement to have passed    (b), (c) and (e).   Applicability,
 the required knowledge test                           paragraph (a).
 within the 24 calendar month
 period preceding the month the
 applicant completes the
 practical test for an airman
 certificate under part 61.
Codifies the relief provided by   Sec.   61.40(a)...  Section 1.
 current SFAR No. 100-2 and                            Applicability,
 expands the relief to include                         paragraphs (a)
 persons who have failed to meet                       through (c).
 the recent experience
 requirements of proposed Sec.
 61.197.
Codifies the eligibility          Sec.   61.40(b)...  Section 2.
 requirements for persons                              Eligibility,
 seeking relief under SFAR No.                         paragraphs (a)
 100-2.                                                through (c).
Codifies the documentation        Sec.   61.40(c)...  Section 3.
 required to accompany the                             Required
 person's Airman Certificate and/                      documents,
 or Rating Application, which                          paragraphs (a)
 must show the date of                                 through (c).
 assignment outside the United
 States and the date of return
 to the United States.
Excepts eligible persons from     Sec.   61.197(c),   N/A.
 the requirement to establish      (e) and (f).
 recent flight instructor
 experience at least once every
 24 calendar months.
Adds an exception to allow        Sec.   63.35(d)...  Section 1.
 eligible persons to take a                            Applicability,
 practical test for a flight                           paragraph (b).
 engineer certificate or rating
 under part 63 with an expired
 written test report in
 accordance with Sec.   61.40.
Adds an exception to allow        Sec.   63.53(b)     Section 1.
 eligible persons to take a        and (c).            Applicability,
 practical test for a flight                           paragraph (b).
 navigator certificate under
 part 63 with an expired written
 test report in accordance with
 Sec.   61.40.
Adds an exception to allow        Sec.   65.55(b)     Section 1.
 eligible persons to take a        and (c).            Applicability,
 practical test for an aircraft                        paragraph (c).
 dispatcher certificate under
 part 65 with an expired written
 test report in accordance with
 Sec.   61.40.
Excepts eligible persons from     Sec.   65.71(b)...  Section 1.
 the requirement that a                                Applicability,
 certificated mechanic must pass                       paragraph (c).
 the required tests within a
 period of 24 months.
Adds language to allow eligible   Sec.   65.75(d)...  Section 1.
 persons to take a practical                           Applicability,
 test for a mechanic certificate                       paragraph (c).
 or rating under part 65 with an
 expired written test report in
 accordance with Sec.   61.40.
Adds an exception to the          Sec.   65.93(a)     Section 1.
 inspection authorization          and (d).            Applicability,
 renewal requirements to allow                         paragraph (c).
 eligible persons to renew
 expired inspection
 authorizations under part 65 in
 accordance with Sec.   61.40.
------------------------------------------------------------------------

    The FAA recognizes that its proposed relocation and codification of 
SFAR No. 100-2 may not be the best approach because part 61 does not 
apply to persons taking practical tests under parts 63 or 65 or to a 
person renewing an authorization inspection under Sec.  65.93. The FAA 
proposes to include the substantive requirements of current SFAR No. 
100-2 in Sec.  61.40 and then cross-reference those requirements in 
parts 63 and 65 because current SFAR No. 100-2 is located in part 61. 
Parts 63 and 65 currently contain editorial notes leading persons to 
the relief provided in SFAR No. 100-2 under part 61.
    The FAA considered an alternative approach to codify the relief 
currently provided by SFAR No. 100-2 under parts 61, 63, and 65. More 
specifically, parts 61, 63, and 65 would each contain a new section 
that would codify the relief currently provided by SFAR No. 100-2 
appropriate to the persons regulated under the respective part. For 
example, Sec.  61.40 would allow persons to renew an expired flight 
instructor certificate, establish recent flight instructor experience, 
and take practical tests for airmen certificates under part 61, 
provided the eligibility and documentation requirements are satisfied. 
Part 63 would contain a new section that would allow a person to take a 
practical test under part 63 with an expired written test report, 
provided the eligibility and documentation requirements are satisfied. 
Lastly, part 65 would contain a new section that

[[Page 32994]]

would allow a person to renew an expired inspection authorization under 
Sec.  65.93 or take a practical test under part 65 with an expired 
written test report, provided the eligibility and documentation 
requirements are satisfied. While the FAA considered this approach, the 
FAA has determined that the proposal integrates the relief set forth in 
SFAR 100-2 into the permanent regulations in the most effective and 
streamlined manner.

C. Instructor Qualifications for Training Initial Flight Instructor 
Applicants

    Section 61.195(h) contains the qualifications for flight 
instructors seeking to instruct initial flight instructor applicants. 
Currently, under Sec.  61.195(h)(2), to provide flight training to an 
initial flight instructor applicant under part 61, the flight 
instructor must, in addition to other requirements,\46\ have held a 
flight instructor certificate for at least 24 months and have given at 
least 200 hours of flight training as a flight instructor for an 
airplane, rotorcraft, or powered-lift rating (or 80 hours in the case 
of glider instruction). A person serving as a flight instructor in an 
FAA-approved course for initial flight instructor applicants has the 
option of meeting either the aforementioned requirements or the 
requirements of Sec.  61.195(h)(3). Currently, Sec.  61.195(h)(3) 
allows a person to serve as a flight instructor in an FAA-approved 
course for initial flight instructor applicants if that person has 
trained and endorsed at least five applicants for a practical test,\47\ 
at least 80 percent of those applicants passed the practical test on 
their first attempt, and the flight instructor has given at least 400 
hours of flight training for training in an airplane, rotorcraft, or 
powered lift rating (or 100 hours of flight training for training in a 
glider rating).
---------------------------------------------------------------------------

    \46\ The additional requirements include satisfying the 
requirements prescribed in Sec.  61.183 and holding the appropriate 
flight instructor certificate and rating. 14 CFR 61.195(h)(2)(i) and 
(ii).
    \47\ The practical test must be for a pilot certificate, flight 
instructor certificate, ground instructor certificate, or an 
additional rating. 14 CFR 61.195(h)(3)(ii).
---------------------------------------------------------------------------

    The FAA initially adopted the 24-month experience requirement in 
1973.\48\ In the NPRM that published on March 23, 1972, the FAA 
proposed to require an applicant for a flight instructor certificate to 
receive training from either a person holding a gold seal flight 
instructor certificate or a person who has held a flight instructor 
certificate for 24 months and who has given at least 200 hours of 
flight instruction (or 80 hours in the case of glider instruction).\49\ 
In proposing these experience requirements, the FAA explained that 
these qualifications were comparable to having a gold seal flight 
instructor certificate.\50\ However, in the 1973 final rule, the FAA 
withdrew the proposal to establish a gold seal flight instructor 
certificate in the regulations.\51\ In that final rule, the FAA adopted 
Sec.  61.187, which required an applicant for a flight instructor 
certificate to receive training from a flight instructor who has held a 
flight instructor certificate for 24 months and who has given at least 
200 hours of flight instruction (or 80 hours in the case of glider 
instruction).\52\
---------------------------------------------------------------------------

    \48\ Final Rule, Pilot and Flight Instructor Certificates and 
Ratings and Check Requirements for Pilots-in-Command, 38 FR 3156 
(Feb. 1, 1973).
    \49\ NPRM, Certification: Pilots and Flight Instructors, 37 FR 
6012, 6015 (Mar. 23, 1972).
    \50\ 37 FR at 6015.
    \51\ 38 FR at 3160. The majority of commenters were opposed to 
establishing a gold seal flight instructor certificate. They 
explained, among other things, that there should be no distinction 
between instructors and that flight instructors should either be 
qualified or they should not be certificated as flight instructors.
    \52\ 38 FR at 3177.
---------------------------------------------------------------------------

    In 1997, the FAA adopted a final rule that relocated the 
qualifications for flight instructors seeking to train initial flight 
instructor applicants from Sec.  61.187 to Sec.  61.195(h).\53\ The 
1997 final rule added qualification requirements for ground instructors 
in Sec.  61.195(h)(1), placed the existing 24 month experience and 
requisite flight hour requirements in Sec.  61.195(h)(2), and added a 
new qualification option in Sec.  61.195(h)(3) for flight instructors 
serving in an FAA-approved course. The alternative qualifications of 
Sec.  61.195(h)(3) required a flight instructor to have trained and 
endorsed at least five persons for a pilot certificate or rating 
practical test; have a record reflecting that at least 80 percent of 
those persons passed that practical test on their first attempt; and 
have given a minimum amount of flight training. In the case of 
airplanes, the minimum amount of flight training given must have been 
400 hours; in the case of gliders, the minimum amount of flight 
training given must have been 100 hours. The FAA intended for Sec.  
61.195(h)(3) to allow persons who held a flight instructor certificate 
for less than 24 months to give training to flight instructor 
candidates.\54\ The FAA explained that some full-time flight 
instructors may meet the 400-hour requirement before accumulating 24 
months of training experience, and such instructors should be allowed 
to train flight instructor candidates within the structure of an 
approved training program. The FAA determined that the alternative 
qualifications of Sec.  61.195(h)(3) provided at least an equivalent 
level of safety to the 24 month experience and minimum flight time 
requirements.
---------------------------------------------------------------------------

    \53\ Final Rule, Pilot, Flight Instructor, Ground Instructor, 
and Pilot School Certification Rules, 62 FR 16220, 16275 (Apr. 4, 
1997).
    \54\ NPRM, Pilot, Flight Instructor, Ground Instructor, and 
Pilot School Certification Rules, 60 FR 41160, 41183 (Aug. 11, 
1995).
---------------------------------------------------------------------------

    On April 20, 2017, the FAA assigned the Aviation Rulemaking 
Advisory Committee (ARAC) the task to evaluate the FAA's regulations in 
14 CFR to determine any and all regulations that should be repealed, 
replaced, or modified and to provide feedback on the regulatory actions 
identified in the FAA's regulatory agenda.\55\ The ARAC submitted its 
Addendum Recommendation Report to the FAA on September 12, 2017.\56\ As 
part of this report, the ARAC recommended the FAA modify Sec.  
61.195(h)(2)(iii) because the current requirement that the flight 
instructor must have held their flight instructor certificate for at 
least 24 months is outdated, unnecessary, ineffective, and inhibits job 
creation. The ARAC recommended the FAA revise Sec.  61.195(h)(2)(iii) 
by adding the option for a flight instructor to complete an FAA-
approved standardization course at a part 141 pilot school that 
provides instruction on the intricacies of training a flight instructor 
applicant. The FAA notes that the ARAC's primary rationale for changing 
the requirement was based on the shortage of flight instructors 
qualified to instruct initial flight instructor applicants.\57\ The 
ARAC explained that the flight instructor profession is a transient 
position for the vast majority of pilots on their way to fly jets 
professionally and the turnover is approaching 90% annually.
---------------------------------------------------------------------------

    \55\ Notice of a new task assignment for the Aviation Rulemaking 
Advisory Committee (ARAC), Aviation Rulemaking Advisory Committee 
(ARAC)--ARAC Input To Support Regulatory Reform of Aviation 
Regulations--New Task, 82 FR 19783 (Apr. 28, 2017).
    \56\ ARAC Input to Support Regulatory Reform of Aviation 
Regulations--ARAC Addendum Report (Sept. 12, 2017).
    \57\ The FAA notes that the ARAC's recommendations are economic-
based. The FAA does not have the statutory authority to prescribe 
economic regulations. See The Federal Aviation Act of 1958, 72 Stat. 
731 (establishing the FAA and giving it the authority to regulate 
safety); The Civil Aeronautics Board Sunset Act of 1984, 98 Stat. 
1703 (transferring economic authority from the Civil Aeronautics 
Board to the Secretary of Transportation).
---------------------------------------------------------------------------

    The National Air Disaster Foundation (NADF) and the Air Line Pilots 
Association International (ALPA) submitted dissenting opinions, 
strongly opposing the ARAC recommendation to eliminate the existing 
regulation that

[[Page 32995]]

requires at least 24 months of flight instructor experience. The NADF 
explained that flight instructors must be experienced and should not be 
students teaching and supervising other students. ALPA stressed that 
the ARAC's proposal is based upon an economic basis and makes no 
mention of what safety impacts were considered. ALPA stated that the 
24-month experience requirement is a time-proven regulation that helps 
ensure flight instructor candidates are taught how to instruct others 
only by pilots who have a level of experience and competence serving as 
flight instructors themselves. ALPA believed the 24-month experience 
requirement leads to experience, knowledge, professionalism, expertise, 
and skill that make an individual a better instructor. In addition, 
ALPA stated that any real or perceived shortage of instructors is an 
inappropriate justification for reducing instructor qualifications and 
reduces the quality of training and, ultimately, safety.
    The FAA recognizes that the current 24-month experience requirement 
may lead some flight instructors to gain the experience, knowledge, and 
skill necessary to instruct initial flight instructor candidates during 
that 24-month timeframe. However, the FAA finds that the 24-month 
experience requirement is limiting because it does not account for 
persons who may have achieved the level of proficiency required to 
instruct initial flight instructor applicants prior to those 24 months. 
For example, before accumulating 24 months of experience, some full-
time flight instructors may have provided an extensive amount of flight 
training that exceeds the 200-hour flight time requirement, established 
a successful record of training as demonstrated by the passage rate on 
practical tests by those applicants the instructor has trained, and 
obtained more experience than part-time instructors who have held their 
certificate for 24 months. The FAA has determined there are alternative 
methods to assess whether a flight instructor is qualified to instruct 
initial flight instructor applicants.
    Accordingly, the FAA proposes adding two new qualification options 
for persons seeking to instruct initial flight instructor applicants. 
The first option would allow flight instructors to satisfy the 
qualification requirements by training and endorsing, during the 
preceding 24 calendar months, at least five applicants for a practical 
test, with at least 80 percent passing the practical test on their 
first attempt. The second option would allow flight instructors to 
attain qualification by successfully completing an FAA-approved flight 
instructor enhanced qualification training program (FIEQTP) after 
giving a requisite amount of flight training to pilot applicants. The 
following sections discuss the proposed qualification requirements and 
the proposed curriculum requirements for an approved FIEQTP.
1. Flight Instructor Qualifications (Sec.  61.195(h)(2))
    Currently, Sec.  61.195(h)(2) contains the qualification 
requirements for persons instructing initial flight instructor 
applicants under part 61, and Sec.  61.195(h)(3) contains the 
qualification requirements for persons serving as flight instructors 
under FAA-approved courses. The FAA finds it is unnecessary to make the 
qualification requirements dependent on whether the flight instructor 
provides training under part 61, 141, or 142. Flight instructors are 
either qualified to instruct initial flight instructor applicants or 
they are not, regardless of which 14 CFR part they are instructing 
under. Therefore, unlike the current qualification requirements,\58\ 
the FAA proposes to apply the same qualification requirements to all 
flight instructors. As a result, the FAA proposes to restructure 
current Sec.  61.195(h). Proposed Sec.  61.195(h)(1) would contain the 
qualifications for persons providing ground training.\59\ Proposed 
Sec.  61.195(h)(2) would contain the qualifications for persons 
providing flight training, including persons serving as flight 
instructors under FAA-approved courses. In addition, as discussed in 
more detail below, proposed Sec.  61.195(h)(3) would contain the 
requirements for an FAA-approved FIEQTP.
---------------------------------------------------------------------------

    \58\ Currently, Sec.  61.195(h)(3) contains qualification 
requirements only for persons serving as flight instructors in FAA-
approved courses under parts 141 or 142.
    \59\ Subpart I prescribes the requirements for the issuance of 
ground instructor certificates and ratings, the conditions under 
which those certificates and ratings are necessary, and the 
limitations upon such certificates and ratings; however, proposed 
Sec.  61.195(h)(1) prescribes qualifications for persons providing 
ground training, one option of which is to hold a ground instructor 
certificate, subject to certain experience requirements. The FAA 
finds that a conforming amendment to new Sec.  61.215(e) would aid 
ground instructors in understanding the requirements needed to 
provide ground training to initial flight instructor applicants, 
given proposed Sec.  61.195(h)(1) is situated in Subpart H, Flight 
Instructors Other than Flight Instructors With a Sport Pilot Rating. 
This is simply a clarifying amendment to subpart H and does not add 
additional requirements.
---------------------------------------------------------------------------

    Consistent with the current regulations, Sec.  61.195(h)(2) would 
require a flight instructor who provides flight training to an initial 
applicant for a flight instructor certificate to meet the eligibility 
requirements of Sec.  61.183 and hold the appropriate flight instructor 
certificate and rating. The FAA also proposes to require the flight 
instructor to meet the requirements of the part under which the flight 
training is conducted. The FAA notes that flight instructors are 
already required to comply with the requirements of the part under 
which they are providing flight training. However, because Sec.  
61.195(h)(2) would apply to persons serving as flight instructors under 
parts 61, 141, and 142, including such language in the regulation would 
add clarity. In addition to meeting these qualifications, a flight 
instructor would be required to meet one of the qualification options 
prescribed in Sec.  61.195(h)(2)(i) through (iii).
    The first qualification option, in proposed Sec.  61.195(h)(2)(i), 
would contain the requirements that currently exist in Sec.  
61.195(h)(2). Thus, under Sec.  61.195(h)(2)(i), a flight instructor 
would be qualified to instruct an initial flight instructor applicant 
if that flight instructor has held their flight instructor certificate 
for at least 24 calendar months and has given at least 200 hours of 
flight training as a flight instructor (or 80 hours in the case of 
glider instruction). The FAA proposes to specify ``calendar'' months 
for clarity and consistency with the requirement that a ground 
instructor has held their certificate for at least 24 calendar months 
in current and retained Sec.  61.195(h)(1)(i).
    The FAA recognizes industry's concerns about these requirements. As 
previously mentioned, the ARAC believed the experience requirements are 
ineffective and outdated; however, dissenting opinions emphasized the 
importance of having experienced flight instructors train initial 
flight instructor applicants. Furthermore, in the 1997 final rule, AOPA 
and National Association of Flight Instructors (NAFI) opposed the 
existing requirement that a pilot be a flight instructor for at least 
24 months before qualifying to teach an initial flight instructor 
applicant.\60\ These commenters stated that a minimum amount of 
instructional experience requirement may be appropriate, but the FAA 
had failed to prove the need for the specified 200 hours or 24 months 
of experience required. The FAA acknowledged these comments but 
explained that they were out of scope because the FAA did not propose 
changes to the provisions in the existing rule. In this NPRM, the FAA

[[Page 32996]]

proposes to add alternatives to the 24-calendar-month experience 
requirement.
---------------------------------------------------------------------------

    \60\ 62 FR at 16275.
---------------------------------------------------------------------------

    The second qualification option, in proposed Sec.  
61.195(h)(2)(ii), would contain the first proposed alternative to the 
fixed 24 calendar month experience requirement discussed above. Under 
proposed Sec.  61.195(h)(2)(ii), a flight instructor would be qualified 
to instruct an initial flight instructor applicant if that flight 
instructor has trained and endorsed, during the preceding 24 calendar 
months, at least five applicants for a practical test and at least 80 
percent of those applicants passed that test on their first attempt. 
The FAA recognizes that this option is currently available to persons 
serving as flight instructors under FAA-approved courses, provided they 
have also given at least 400 hours of flight training as a flight 
instructor (or 100 hours in the case of glider instruction).\61\ Under 
this proposal, however, the FAA finds it unnecessary to require flight 
instructors to have given a certain amount of flight training in 
addition to meeting the standard described above. The FAA finds that 
any flight instructor who has trained and endorsed at least five 
applicants for a practical test will have given an extensive amount of 
flight training that surpasses the 200-hour requirement (or 80 hours in 
the case of glider instruction), which the FAA proposes to require in 
the other qualification options. Furthermore, the FAA concludes that 
the proposed standard of training at least five applicants for a 
practical test and having at least 80 percent of those applicants pass 
on their first attempt would more adequately measure a flight 
instructor's proficiency and instructional ability. For example, rather 
than holding a flight instructor certificate for 24 calendar months, a 
flight instructor would be required to have a demonstrated record of 
success training flight students, which could be attained in the same 
or less time (i.e., 24 calendar months). Additionally, that flight 
instructor will have attained sufficient experience by providing flight 
training to at least five applicants \62\ for a practical test. The FAA 
notes that all applicants that the flight instructor has trained and 
endorsed in that time period will be counted for the purposes of 
calculating the pass rate.\63\
---------------------------------------------------------------------------

    \61\ 14 CFR 61.195(h)(3).
    \62\ It is beneficial for a flight instructor to be exposed to 
an array of different applicant's' learning styles and abilities; 
therefore, it is understood that the five applicants are five 
discrete applicants.
    \63\ As an example, suppose a flight instructor began 
instructing 18 months ago, and the flight instructor instructed and 
endorsed a total of 8 applicants. All 8 applicants' performance on 
the practical test would be calculated into the flight instructor's 
pass rate. A flight instructor cannot simply choose 5 applicants who 
passed out of all applicants instructed and endorsed to calculate in 
the flight instructor's pass rate.
---------------------------------------------------------------------------

    The third qualification option, in proposed Sec.  
61.195(h)(2)(iii), would contain the second proposed alternative to the 
24 calendar month experience requirement. Under this qualification 
option, a flight instructor may qualify to instruct initial flight 
instructor applicants if the flight instructor has given at least 200 
hours of flight training as a flight instructor (or 80 hours in the 
case of glider instruction) and has graduated from an FAA-approved 
FIEQTP conducted under parts 141 or 142.
    Prior to taking the FIEQTP, the flight instructor would be required 
to have given at least 200 hours of flight training in an airplane, 
rotorcraft, or powered-lift (80 hours if training in a glider). The FAA 
finds it necessary to require flight instructors to have given a 
minimum amount of flight training to ensure the flight instructor has 
obtained a sufficient amount of experience flight instructing. For 
example, a new flight instructor with no experience would gain little 
value from taking only the approved FIEQTP as the new flight instructor 
would have no real world experience to inform the training. 
Furthermore, the FAA finds that flight instructors who have given at 
least 200 hours of flight training as a flight instructor before taking 
the FIEQTP would have established a teaching foundation that would 
reinforce and contribute to the positive transfer of knowledge and 
skills associated with the course. Therefore, before taking the FIEQTP, 
the new flight instructor must have acquired hands-on experience during 
which the new flight instructor served as a flight instructor in the 
aircraft. The experience obtained from providing 200 hours of flight 
training (or 80 hours in the case of glider instruction) and the 
knowledge and skills acquired from completing the FIEQTP would, 
together, prepare and qualify the flight instructor to instruct initial 
flight instructor applicants.
    The FAA-approved FIEQTP would be required to satisfy the 
requirements proposed in Sec.  61.195(h)(3), which are discussed below. 
This proposed training program would be focused on developing a flight 
instructor's ability to instruct initial flight instructor applicants. 
The FAA notes that a person who completes this course would be required 
to hold a flight instructor certificate. Therefore, persons who take 
this course will have already obtained the training and aeronautical 
experience required for and will have already passed the flight 
instructor practical test. The FIEQTP is not intended to simply repeat 
the foundational training a person receives in preparation for the 
flight instructor practical test. The FAA notes that when a person is 
training in preparation for the flight instructor practical test, that 
person is learning how to teach other pilots how to fly. The intent of 
the FIEQTP is to train persons who already hold their flight instructor 
certificate how to teach other pilots how to provide instruction. 
Therefore, the FIEQTP would be designed to enhance the flight 
instructor's instructional ability and to prepare that flight 
instructor on how to instruct initial flight instructor applicants how 
to flight instruct, not simply how to fly. The specific requirements 
for the training program are discussed in the next section.
    The FAA notes that a flight instructor who chooses to meet the 
qualification method in either Sec.  61.195(h)(2)(i) or (iii) is 
required to have given at least 200 hours of flight training if 
training for an airplane, helicopter, or powered-lift rating and at 
least 80 hours of flight training if training for a glider rating. The 
FAA recognizes that flight instructors may hold multiple category and/
or class ratings on their flight instructor certificates. The 
provisions in proposed Sec.  61.195(h)(2)(i)(A) and (B), which require 
a flight instructor to have given at least 200 hours of flight training 
and 80 hours of flight training, respectively, currently exist in Sec.  
61.195(h)(2)(iv) and (v). The current provisions, and thus the proposed 
provisions, do not expressly require the flight training to have been 
given in a specific category and/or class of aircraft.\64\ Instead, the 
200-hour and 80-hour requirements are based on experience given as a 
flight instructor regardless of the category or class of aircraft in 
which the training was provided. Therefore, a flight instructor with 
multiple category and/or class ratings on their flight instructor 
certificate may use the total hours of flight training given as a 
flight instructor to meet the 200-hour requirement in proposed Sec.  
61.195(h)(2)(i)(A) and the 80-hour requirement in proposed Sec.  
61.195(h)(2)(i)(B).
---------------------------------------------------------------------------

    \64\ The FAA notes that many of the FAA's regulations are 
category and class specific. If the FAA intended for the flight 
instruction given pursuant to Sec.  61.195(h)(2)(iv) and (v) to be 
category and class specific, the FAA would have expressly required 
that.

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

[[Page 32997]]

2. Flight Instructor Enhanced Qualification Training Program (Sec.  
61.195(h)(3); Sec.  141.11; Part 141, Appendix K)
    As previously mentioned, the FAA proposes a new training program 
intended to develop a flight instructor's ability to instruct initial 
flight instructor applicants. The FIEQTP would be a standalone course, 
which would be submitted to the FAA for review to ensure 
standardization and FAA approval.
    The FAA proposes to allow pilot schools and training centers 
certificated under parts 141 and 142, respectively, to conduct FIEQTP. 
Part 141 pilot schools (including part 141 provisional pilot schools) 
and part 142 training centers have the structure, systems, and 
management personnel required to develop, implement, and maintain FAA-
approved training programs. This structure does not typically exist and 
is not required in part 61 training. Furthermore, because the FAA 
certificates part 141 pilot schools and part 142 training centers, the 
FAA has more oversight of the program. Greater oversight provides 
opportunities to observe the effectiveness of an approved training 
program and to require amendments to the training program, as needed, 
to ensure it achieves the course objectives.
    Proposed Sec.  61.195(h)(3) would require the proposed training 
program to meet specific ground and flight training requirements.\65\ 
The FAA proposes to require at least 25 hours of ground instruction on 
specific subjects, which are outlined in Sec.  61.195(h)(3)(i)(A) 
through (D). The proposed subjects are intended to reinforce the areas 
critical to flight instruction while focusing specifically on how to 
teach these subjects to initial flight instructor applicants. For 
example, a flight instructor would receive ground instruction on flight 
instructor responsibilities, functions, lesson planning, and risk 
management. The FAA recognizes that flight instructors will have 
already received ground instruction on these topics while training in 
preparation for the flight instructor practical test. However, the FAA 
notes that the training in preparation for the flight instructor 
practical test is focused on training pilots, not on training initial 
flight instructor applicants. As a result, new flight instructors have 
not received specialized training that prepares them to instruct 
initial flight instructor applicants. The FIEQTP should reinforce the 
subject areas specified in Sec.  61.195(h)(3)(i) to ensure a broader 
knowledge and understanding of the concepts, which would develop the 
new flight instructor's knowledge, skill, and ability to teach the 
concepts to another person. Specifically, the approved course would 
teach the instructor how to instruct an initial flight instructor 
applicant on these subjects. Furthermore, the flight instructor would 
learn enhanced methods, procedures, and techniques that the flight 
instructor can use when instructing an initial flight instructor 
applicant, including methods to detect deficient knowledge, training, 
and performance. At the conclusion of the ground training, each flight 
instructor would be required to satisfactorily complete an end-of-
course written test on the ground training subjects in Sec.  
61.195(h)(3)(i). The end-of-course written test, proposed in new Sec.  
61.195(h)(3)(iii), is intended to evaluate the flight instructor's 
knowledge and understanding of the subject areas to determine whether 
that flight instructor is deemed qualified to provide ground 
instruction to initial flight instructor applicants.
---------------------------------------------------------------------------

    \65\ Training provider applicants should focus their program on 
a particular aircraft category rating (e.g., flight instructor 
airplane, rotorcraft, or glider). Enrollees should seek the 
appropriate FIEQTP that corresponds to the aircraft category rating 
held on their flight instructor certificate. Enrollees who hold more 
than one aircraft category and class, if a class is required, on 
their flight instructor certificate need only satisfy one FIEQTP 
course for one of the aircraft category and class ratings held on 
that person's flight instructor certificate.
---------------------------------------------------------------------------

    With respect to flight training, the FIEQTP would be required to 
include at least 10 hours of flight training on the specific areas, 
which are outlined in Sec.  61.195(h)(3)(ii)(A) through (E). The 
proposed flight training is intended to focus on developing the 
knowledge, skills, and ability necessary to train someone on how to 
provide flight training to an initial flight instructor applicant. For 
example, among these proposed tasks, the FAA would require the flight 
training to include scenario-based training to develop the flight 
instructor's ability to instruct an initial flight instructor applicant 
how to satisfactorily perform the procedures and maneuvers while giving 
effective flight training. The proposed flight training would also 
ensure the flight instructor has sufficient instructional knowledge and 
proficiency to teach an initial flight instructor applicant about 
abnormal and emergency procedures. For flight training conducted in 
airplanes, these procedures would include stall awareness, spin entry, 
spins, and spin recovery procedures.
    However, the FAA recognizes that flight training in other aircraft, 
such as helicopters and powered-lift, would include flight training in 
abnormal and emergency procedures specific to the category, class, and 
type, if class or type is applicable, of aircraft being flown. The FAA 
also finds it necessary to include flight training specific to risk 
management and the potential results of improper, untimely, or non-
execution of safety measures. The FAA finds that a sufficient 
understanding of these areas, including how to detect improper and 
insufficient transfer of instructional knowledge, training, and 
performance, is critical to flight training. The flight training would 
also train flight instructors how to evaluate initial flight instructor 
applicants to detect areas in which the flight instructor applicant 
needs more training and to detect any personal characteristics of the 
initial flight instructor applicant that could adversely affect safety. 
At the conclusion of the flight training, each flight instructor would 
be required to satisfactorily complete an end-of-course instructional 
proficiency flight test on the flight areas in Sec.  61.195(h)(3)(ii). 
Similar to the end-of-course written test, the proficiency test, which 
is also proposed in new Sec.  61.195(h)(3)(iii), is intended to 
evaluate whether the flight instructor has acquired the necessary 
skills to provide flight training to initial flight instructor 
applicants.
    The proposed ground subjects and flight tasks outlined in Sec.  
61.195(h)(3)(i) and (ii) are intended to be broad areas of instruction 
to give the FAA and industry flexibility in the development of an 
approved FIEQTP. The FAA proposes to publish an advisory circular to 
accompany the ground and flight training requirements of Sec.  
61.195(h)(3). This proposed advisory circular would provide guidance to 
part 141 pilot schools and part 142 training centers to assist these 
certificated entities in developing approved training programs that 
satisfy the requirements of Sec.  61.195(h)(3). A copy of this proposed 
advisory circular has been placed in the docket for this rulemaking.
    The FAA finds that requiring the training program to include 25 
hours of ground training and 10 hours of flight training would ensure 
standardization among the training programs. It would also ensure that 
each student receives the necessary amount of training and experience 
in the subjects and tasks that are critical to flight instructing 
initial flight instructor applicants. The FAA has determined it would 
take 25 hours of ground instruction for a flight instructor to acquire 
a sufficient understanding of the subject areas specified in Sec.  
61.195(h)(3)(i). Similarly, the FAA has determined it would take 10 
hours of flight training on the tasks

[[Page 32998]]

identified in Sec.  61.195(h)(3)(ii) for a flight instructor to develop 
the skills and knowledge necessary to instruct an initial flight 
instructor applicant.
    The FAA proposes to add Sec.  61.195(h)(3)(iv) to allow the flight 
training to be completed in either a full flight simulator (FFS) or 
flight training device (FTD). Consistent with the current requirements 
of Sec. Sec.  61.4, 141.41, and 142.59, proposed Sec.  61.195(h)(3)(iv) 
would require the FFS or FTD to be qualified and maintained in 
accordance with part 60 (or be a previously qualified device) \66\ and 
be approved for the tasks and maneuvers. The FAA notes that the pilot 
schools and training centers certificated under parts 141 and 142, 
respectively, would also be required to comply with any additional FFS 
or FTD requirements contained in the part under which the FAA-approved 
course is conducted.\67\ The proposal would allow the entirety of 
flight training specified in Sec.  61.195(h)(3)(ii) to be conducted in 
an FSTD because FSTDs are evaluated and qualified to meet standards of 
fidelity to the actual performance of an aircraft.
---------------------------------------------------------------------------

    \66\ The requirements for previously qualified FSTDs are 
contained in 14 CFR 60.17.
    \67\ See 14 CFR 141.41 and 142.59.
---------------------------------------------------------------------------

    In addition, the FAA proposes to add Sec.  61.195(h)(3)(v) to allow 
a person to use up to 5 hours of training received in an advanced 
aviation training device (AATD) to meet the flight training 
requirements of Sec.  61.195(h)(3)(ii) for part 141 schools.\68\ 
Aviation training devices (ATDs) consist of basic aviation training 
devices (BATDs) and AATDs.\69\ The flight training specified in Sec.  
61.195(h)(3)(ii) should be conducted in a realistic aircraft flight 
deck. The design features of the AATD provide a more adequate training 
platform for both procedural and operational performance tasks specific 
to the FIEQTP flight training requirements than those of a BATD flight 
deck layout. The FAA is, therefore, proposing to allow a person to 
credit a portion of the flight training specified in Sec.  
61.195(h)(3)(ii) in an AATD, which utilizes enhanced aircraft flight 
deck design, ergonomic features, and performance characteristics beyond 
those of the BATD. The proposal would limit the amount of flight 
training in an AATD to a maximum of 5 hours because, unlike FSTDs, the 
FAA does not evaluate and qualify AATDs to meet standards of fidelity 
to the actual performance of an aircraft. Proposed Sec.  
61.195(h)(3)(v) would require the AATD to be approved by the 
Administrator pursuant to Sec.  61.4(c), which will be designated by 
the AATD's letter of authorization, including any conditions and 
limitations of such. In addition, the pilot schools certificated under 
part 141 would be required to use the AATD in accordance with the 
requirements in part 141.
---------------------------------------------------------------------------

    \68\ Part 142 does not currently contemplate the use of ATDs in 
training centers. See Sec.  142.59.
    \69\ See AC 61-136, as revised, ``FAA Approval of Aviation 
Training Devices and Their Uses for Training and Experience'' 
(providing information and guidance for ATD manufacturers seeking 
FAA approval of AATDs and BATDs and for persons seeking to use a 
BATD or AATD for certain activities involving pilot training and 
experience).
---------------------------------------------------------------------------

    Instructors who teach initial flight instructor applicants are 
required to attain a higher level of qualification to do so. Likewise, 
those individuals teaching the FIEQTP should be qualified at a higher 
level than the minimum qualifications required to be an instructor for 
a part 141 pilot school or part 142 training center. Therefore, the FAA 
proposes three qualification groups to be eligible to be an instructor 
of the FIEQTP, proposed in new Sec.  61.195(h)(3)(vi). The first two 
include serving as a chief instructor or assistant chief instructor in 
a part 141 pilot school or serving as a training center program manager 
or assistant training center program manager of a part 142 training 
center. Additionally, the FAA recognizes that a flight instructor may 
hold the qualifications to be a chief instructor and/or assistant chief 
instructor but may not hold the title for reasons unrelated to their 
instruction abilities. Therefore, the FAA proposes to permit those 
instructors who meet at least the qualifications of an assistant chief 
instructor, pursuant to Sec.  141.36(d), to teach the course.
    Finally, the FAA is proposing Sec.  61.195(h)(3)(vii) to require 
part 141 pilot schools or part 142 training centers to issue a 
graduation certificate to each flight instructor who successfully 
completes the FIEQTP. The FAA notes that the requirement to issue a 
graduation certificate to each student who completes an approved course 
of training already exists in Sec.  141.95 for part 141 pilot schools. 
However, a corresponding requirement does not exist in part 142. 
Therefore, the FAA seeks to ensure all flight instructor applicants who 
successfully complete the FIEQTP receive a graduation certificate to 
show eligibility to instruct initial flight instructor applicants, 
regardless of whether the program is conducted under part 141 or part 
142.
    To allow part 141 pilot schools to provide the FIEQTP, the FAA 
proposes to revise Sec.  141.11 by adding the training program to the 
list of special preparation courses in Sec.  141.11(b)(2). The FAA also 
proposes to add the new training program to appendix K of part 141, 
which prescribes the minimum curriculum for the special preparation 
courses listed in Sec.  141.11.
    During the course of this rulemaking, the FAA identified an 
unintentional omission that it proposes to correct in Sec.  141.11. 
Specifically, in 2011 \70\ the FAA added appendix M to part 141, which 
prescribes the minimum curriculum for a combined private pilot 
certification and instrument rating course required under this part for 
airplane single-engine, airplane multiengine, rotorcraft helicopter, 
and powered-lift ratings. However, while appendix M was adopted into 
part 141, the course was not added to the list of pilot school ratings 
that may be issued to an applicant for a pilot school certificate or 
provisional pilot school certificate in Sec.  141.11. Therefore, the 
FAA proposes to correct this omission by adding new Sec.  141.11(b)(4). 
This is simply a correctional amendment to part 141 and does not add 
additional requirements upon pilot schools or provisional pilot 
schools.
---------------------------------------------------------------------------

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

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

[[Page 32999]]

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

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563 direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. Fourth, the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local, or tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $165,000,000, using the 
most current (2021) Implicit Price Deflator for the Gross Domestic 
Product. This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this NPRM.
    In conducting these analyses, the FAA has determined that this 
NPRM: will result in benefits that justify costs; is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; will not have a significant economic 
impact on a substantial number of small entities; will not create 
unnecessary obstacles to the foreign commerce of the United States; and 
will not impose an unfunded mandate on State, local, or tribal 
governments, or on the private sector. These analyses are summarized 
below.

A. Regulatory Evaluation

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

[[Page 33000]]

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

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

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

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

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

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

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

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

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

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

[[Page 33001]]

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

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

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

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

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

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

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

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

[[Page 33002]]

B. Regulatory Flexibility Determination

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

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

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

C. International Trade Impact Assessment

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

D. Unfunded Mandates Assessment

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

E. Paperwork Reduction Act

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

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

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

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

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

[[Page 33003]]

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

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

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

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

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

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

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

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

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

[[Page 33004]]



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

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

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

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

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

    Public Comments: The agency is soliciting comments to--
     Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of collecting information on those who 
are to

[[Page 33005]]

respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by June 22, 2023. Comments also 
should be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Office Building, Room 10202, 725 17th Street NW, 
Washington, DC 20053.
F. International Compatibility
    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.
G. Environmental Analysis
    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6 for regulations and involves no 
extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism
    The FAA has analyzed this proposed rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action would not have a substantial direct effect 
on the States, or the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government and, therefore, would not have 
federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments
    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\94\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\95\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
affect uniquely or significantly their respective Tribes. At this 
point, the FAA has not identified any unique or significant effects, 
environmental or otherwise, on tribes resulting from this proposed 
rule.
---------------------------------------------------------------------------

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

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

VI. How To Obtain Additional Information

A. Comments Invited
    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should submit only one time if comments 
are filed electronically or commenters should send only one copy of 
written comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The agency may change this proposal in 
light of the comments it receives.
B. Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT 
section of this document. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.
C. Electronic Access and Filing
    A copy of this NPRM, all comments received, any final rule, and all 
background material may be viewed online at https://www.regulations.gov 
using the docket number listed above. A copy of this proposed rule will 
be placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website 
at https://www.govinfo.gov. A copy may also be found at the FAA's 
Regulations and Policies website at https://www.faa.gov/regulations_policies.

[[Page 33006]]

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

List of Subjects

14 CFR Part 61

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

14 CFR Part 63

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

14 CFR Part 65

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

14 CFR Part 141

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

The Proposed Amendment

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

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

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

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


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

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


Sec.  61.2  Exercise of Privilege.

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


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

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


Sec.  61.39  Prerequisites for practical tests.

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


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

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

[[Page 33007]]

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


Sec.  61.56   Flight review.

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


 Sec.  61.195  Flight instructor limitations and qualifications.

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

[[Page 33008]]

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


Sec.  61.197  Recent experience requirements for flight instructor 
certification.

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

[[Page 33009]]

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


Sec.  61.199  Reinstatement of flight instructor privileges.

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


Sec.  61.215  Ground instructor privileges.

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


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

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


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

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

PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS

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

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

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


Sec.  63.35  Knowledge requirements

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

[[Page 33010]]

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


 Sec.  63.53   Knowledge Requirements

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

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

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

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

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


Sec.  65.55  Knowledge requirements.

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


Sec.  65.71  Eligibility requirements: General.

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


Sec.  65.75  Knowledge requirements.

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


Sec.  65.93  Inspection authorization: Renewal.

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

PART 141--PILOT SCHOOLS

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

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

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


Sec.  141.11  Pilot school ratings.

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

Appendix K to Part 141--Special Preparation Courses

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


[[Page 33011]]


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