Ten-Hour Training Rule For Complex Airplanes Remains Unchanged

In an NPRM published on August 31, 2009, the FAA put out for public comment 16 proposed changes to the FAA's existing pilot, flight instructor, and pilot school certification regulations. The final rule, published in the Federal Register on Wednesday, amends the FAA's regulations concerning pilot, flight instructor, and pilot school certification. This rule will require pilot-in-command (PIC) proficiency checks for pilots who act as PIC of turbojet-powered aircraft except for pilots of single seat experimental jets and pilots of experimental jets who do not carry passengers.

It allows pilot applicants to apply concurrently for a private pilot certificate and an instrument rating and permits pilot schools and provisional pilot schools to apply for a combined private pilot certification and instrument rating course.

In addition, the rule will allow pilot schools to use Internet-based training programs without requiring schools to have a physical ground training facility;
revise the definition of "complex airplane"; and allow the use of airplanes with throwover control wheels for expanded flight training.

The final rule also amends the FAA's regulations concerning pilot certificates to allow the conversion of a foreign pilot license to a U.S. pilot certificate under the provisions of a Bilateral Aviation Safety Agreement (BASA) and Implementing Procedures for Licensing (IPL). The FAA has determined these amendments are needed to enhance safety, respond to changes in the aviation industry, and reduce unnecessary regulatory burdens.

Of the proposed rule changes, proposal 2, which would require proficiency checks for PICs of single-piloted turbojet-powered aircraft, and proposal 3, which would permit application for an instrument rating concurrently with a private pilot certificate, raised the largest response by commenters. Upon review of the comments, the FAA has concluded that the rule requiring proficiency checks for single-piloted turbojet-powered aircraft was not well suited to experimental turbojet-powered aircraft and had the potential to add significant expense for the pilots of those aircraft.

The final rule allows alternative methods of compliance for pilots of experimental jets that possess more than a single seat. It excludes from the proficiency check requirement those pilots of experimental jets that possess more than a single seat who do not carry passengers and those pilots of experimental jets that possess a single seat. The FAA has also modified the rule permitting concurrent application for a private pilot certificate and instrument rating because the rule as proposed in the original NPRM failed to recognize that the prerequisite of 50 hours of cross-country time for the instrument rating could not easily be met by a student pilot. The FAA has added a provision to Sec.  61.65 to accommodate an alternative method of compliance with that requirement.

Finally, the NPRM proposed to replace the 10 hours of training in a complex airplane required for pilots applying for a commercial pilot certificate with 10 hours of advanced instrument training. These proposals would have resulted in changes to both Part 61 and Part 141. However, in response to the public comments received and in light of the recently passed Airline Safety and Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-2163) that addresses flight crewmember training, the FAA has elected not to adopt these proposals.

These amendments become effective October 31, 2011.

FMI: www.faa.gov