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Fri, Feb 09, 2007

FAA Proposes Changes To FAR Parts 61, 91 And 141

Seeks Changes To Range Of Rules And Requirements

ANN has learned the FAA is seeking public comments on a notice of proposed rule making (NPRM) regarding sweeping changes to FAR Parts 61, 91 and 141 -- the regulations governing airman certification, general operating rules and flight schools.

The agency seeks to amend the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. FAA says it proposed the amendments to clarify, update, and correct existing FARs and ensure flight crewmembers have the training and qualifications to enable safe operation of aircraft.

Among the proposed changes:

The FAA proposes to amend 61.19(d), 61.197(a), and 61.199 to allow the issuance of flight instructor certificates without an expiration date in response to a request from the AOPA Air Safety Foundation. The FAA says it was already working on a similar change.

The FAA would still require flight instructors to renew their privileges every 24 calendar months, but without requiring a new flight instructor certificate. Instead, instructor renewal applicants would document training via a logbook endorsement from a flight instructor refresher clinic operator, or by the FAA, showing completion and expiration dates. In lieu of the logbook endorsement, the flight instructor renewal applicant could simply receive a completion certificate or a stamp in their logbook from a FIRC operator or from the FAA.

Those currently holding an instructor certificate with an expiration date would keep it and show compliance via their logbooks.

The FAA also proposes to amend 61.51(g)(4), to ensure the rule allowing pilots to log instrument time toward a rating, or for proficiency in a flight simulator (FS), flight training device (FTD), or personal computer-based aviation training device (PCATD) conforms to existing policy. As always, an authorized instructor must be present and sign a pilot's logbook for the time to count.

The instructions for making logbook entries also would be amended to reflect the proposal allowing the use of PCATDs to meet the instrument time and recent flight experience requirements under part 61.

The FAA provided examples of situations in which an authorized instructor would be considered present, such as: the instructor is seated at a center control panel in a flight simulation lab and is monitoring each student’s performance from the control panel display; where an instructor assigns a student to perform several instrument tasks and then leaves the room, if the flight training device has a monitoring and tracking system allowing the authorized instructor to review the entire training session; and where one authorized instructor monitors several students simultaneously in the same room at a flight simulation lab.

The FAA has also proposed changes to the recent flight experience requirements for instrument pilots. Under the proposal, in order for an appropriately rated pilot to fly under IFR, within the last six months he or she must have flown:

  • Six instrument approaches consisting of both precision and non-precision approaches
  • One complete holding pattern at a radio station and one complete holding pattern at an intersection or waypoint
  • One hour of simulated cross-country practice operation that involves intercepting and tracking courses through the use of navigation systems while performing a takeoff phase, area departure phase, enroute phase, area arrival phase, approach phase, and a missed approach phase of flight

Current rules require only six instrument approaches, a practice turn in holding and course tracking -- but no requirement to log time other than that necessary to complete the other requirements.

To soften the blow a bit, the FAA proposes allowing pilots to complete the instrument experience requirements in an aircraft and/or through use of an FS, FTD, or PCATD, but the time requirement would then increase. Additionally, the simulation devices would have to be representative of the category of aircraft for the instrument rating privileges the pilot desires to maintain.

Under this NPRM, the FAA chooses to differentiate between FS/FTDs and PCATDs. For pilots using an FS or FTD exclusively, he or she would have to log at least three hours within the 6 calendar months before the date of the flight. For a PCATD, pilots must log at least three hours within the 2 calendar months before the date of the flight.

The agency says rules for PCATDs will remain more stringent because they're a  relatively new concept, and the FAA wants to further evaluate their efficacy before granting equality with FSs and FTDs.

The FAA says the training and tasks that may be approved for performance on a PCATD would be listed in a proposed 61.65(f) and it's specifically requesting comments on whether, and to what extent, it should allow use of a PCATD for providing instrument training for the instrument rating.

Additionally, the FAA wants to add governance regarding the use of night vision goggles to the FARs. It would include rules setting training requirements, recent flight experience requirements, instructor qualification requirements and providing guidance on logging time toward each.

The NPRM would also make changes in the way the FAA issues ratings and certificates for ex-military pilots. Currently, on the strength of military training and experience, ex-military pilots may obtain a commercial ticket after passing only a written examination. The FAA would extend that courtesy to include ex-military instructor pilots by awarding a CFI or CFII rating using the same rationale.

FMI: Click here to read the complete NPRM, Click here to comment

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