80_FR_34453 80 FR 34338 - Aviation Training Device Credit for Pilot Certification

80 FR 34338 - Aviation Training Device Credit for Pilot Certification

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 115 (June 16, 2015)

Page Range34338-34346
FR Document2015-14836

This rulemaking proposes to relieve burdens on pilots seeking to obtain aeronautical experience, training, and certification by increasing the allowed use of aviation training devices. These actions are necessary to bring the regulations in line with current needs and activities of the general aviation training community and pilots.

Federal Register, Volume 80 Issue 115 (Tuesday, June 16, 2015)
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Proposed Rules]
[Pages 34338-34346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14836]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 141

[Docket No.: FAA-2015-1846; Notice No. 15-03]
RIN 2120-AK71


Aviation Training Device Credit for Pilot Certification

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This rulemaking proposes to relieve burdens on pilots seeking 
to obtain aeronautical experience, training, and certification by 
increasing the allowed use of aviation training devices. These actions 
are necessary to bring the regulations in line with current needs and 
activities of the general aviation training community and pilots.

DATES: Send comments on or before July 16, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-1846 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://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 http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Marcel Bernard, Airmen Certification and Training 
Branch, Flight Standards Service, AFS-810, Federal Aviation 
Administration, 898 Airport Park Road, Suite 204, Glen Burnie, MD 
21061; telephone: (410) 590-5364 x235 email marcel.bernard@faa.gov.
    For legal questions concerning this action, contact Anne Moore, 
Regulations Division, Office of the Chief Counsel, AGC-200, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-3073; email anne.moore@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 49 
U.S.C. 106(f), which establishes the authority of the Administrator to 
promulgate regulations and rules; 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promote safe flight of civil aircraft in air 
commerce by prescribing regulations and setting minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security; and 49 U.S.C. 44703(a), which

[[Page 34339]]

requires the Administrator to prescribe regulations for the issuance of 
airman certificates when the Administrator finds, after investigation, 
that an individual is qualified for, and physically able to perform the 
duties related to, the position authorized by the certificate.

I. Background

    Since the 1970s, the FAA has gradually expanded the permitted use 
of flight simulation for training--first permitting simulation to be 
used in air carrier training programs and eventually permitting pilots 
to credit time in devices toward the aeronautical experience 
requirements for airman certification and recency. Currently, Title 14 
of the Code of Federal Regulations (14 CFR) part 60 governs the 
qualification of flight simulation training devices (FSTDs), which 
include full flight simulators (FFSs) level A through D and flight 
training devices (FTDs) levels 4 through 7. The FAA has, however, 
approved other devices, including aviation training devices (ATDs), for 
use in pilot certification training, under the authority provided in 14 
CFR 61.4(c).\1\
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    \1\ Section 61.4(c) states that the ``Administrator may approve 
a device other than a flight simulator or flight training device for 
specific purposes.''
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    For over 30 years, the FAA has issued letters of authorization 
(LOAs) to manufacturers of ground trainers, personal computer-based 
aviation training devices (PCATD), FTDs (levels 1 through 3), basic 
aviation training devices (BATD), and advanced aviation training 
devices (AATD). These LOAs were based on guidance provided in advisory 
circulars (ACs) that set forth the qualifications and capabilities for 
the devices. Prior to 2008, most LOAs were issued under the guidance 
provided in AC 61-126, Qualification and Approval of Personal Computer-
Based Aviation Training Devices, and AC 120-45, Airplane Flight 
Training Device Qualification. Starting in July of 2008, the FAA 
approved devices in accordance with AC 61-136, FAA Approval of Basic 
Aviation Training Devices (BATD) and Advanced Aviation Training Devices 
(AATD). More recently, on December 3, 2014, the FAA published a 
revision to AC 61-136A, Approval of Aviation Training Devices and Their 
Use for Training and Experience.
    In 2009, the FAA issued a final rule that for the first time 
introduced the term ``aviation training device'' into the regulations 
and placed express limits on the amount of instrument time in an ATD 
that could be credited toward the aeronautical experience requirements 
for an instrument rating.\2\
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    \2\ In a 2007 NPRM, the FAA proposed to limit the time in a 
personal computer-based aviation training device that could be 
credited toward the instrument rating. Pilot, Flight Instructor, and 
Pilot School Certification NPRM, 72 FR 5806 (February 7, 2007). 
Three commenters recommended that the FAA use the terms ``basic 
aviation training device'' (BATD) and ``advanced aviation training 
device'' (AATD). Pilot, Flight Instructor, and Pilot School 
Certification Final Rule, 74 FR 42500 (August 21, 2009) (``2009 
Final Rule''). In response to the commenters, the FAA changed the 
regulatory text in the final rule to ``aviation training device,'' 
noting BATDs and AATDs ``as being aviation training devices (ATD) 
are defined'' in an advisory circular.
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    Since the 2009 final rule, Sec.  61.65(i) has provided that no more 
than 10 hours of instrument time received in an ATD may be credited 
toward the instrument time requirements of that section. In addition, 
appendix C to part 141 permits an ATD to be used for no more than 10 
percent of the total flight training hour requirements of an approved 
course for an instrument rating.
    Prior to the 2009 final rule, the FAA had issued hundreds of LOAs 
to manufacturers of devices that permitted some ATDs (as well as ground 
trainers, and FTDs (levels 1 through 3)) to be used to a greater extent 
than was ultimately set forth in the regulations. The FAA continued to 
issue LOAs for AATDs in excess of the express limitations in the 
regulations after the publication of the 2009 final rule.
    On January 2, 2014, the FAA published a notice of policy requiring 
manufacturers of ATDs to obtain new LOAs reflecting the appropriate 
regulatory allowances for ATD use. 79 FR 20.\3\ The notice stated the 
FAA's conclusion that it could not use LOAs to exceed express 
limitations that had been placed in the regulations through notice and 
comment rulemaking. The FAA noted that, since August 2013, LOAs issued 
for new devices reflect current regulatory requirements. However, 
manufacturers and operators who held LOAs issued prior to August 2013 
acted in reliance on FAA statements that were inconsistent with the 
regulations. Therefore, the FAA granted a limited exemption from the 
requirement in the regulations to provide manufacturers, operators, and 
pilots currently training for an instrument rating time to adjust to 
the reduction in creditable hours. This short-term exemption was 
intended to provide an interim period to transition the LOAs for all 
previously approved devices in accordance with the new policy. The FAA 
found the exemption to be in the public interest in order to prevent 
undue harm caused by reasonable reliance on the LOAs.
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    \3\ ``Notice of Policy Change for the Use of FAA Approved 
Training Devices,'' January 2, 2014.
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    As stated in the notice, this short term exemption expired on 
January 1, 2015. The FAA explained that after that date, no applicant 
training for an instrument rating under part 61 may use more than 10 
hours of instrument time in an ATD toward the minimum aeronautical 
experience requirements required to take the practical test for an 
instrument rating.\4\ In addition, no instrument rating course approved 
under appendix C to part 141 may credit more than 10 percent of 
training in ATDs toward the total flight training hour requirements of 
the course (unless that program has been approved in accordance with 
Sec.  141.55(d) or (e)).\5\
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    \4\ Under Sec.  61.65, a person who applies for an instrument 
rating must have completed 40 hours of actual or simulated 
instrument time of which 15 hours must have been with an authorized 
instructor who holds the appropriate instrument rating.
    \5\ Under appendix C, each approved course for an instrument 
rating must include 35 hours of instrument training for an initial 
instrument rating or 15 hours of instrument training for an 
additional instrument rating.
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    To address the discrepancy between the level of ATD credit allowed 
historically by LOA and the lower allowances placed in the regulations, 
the FAA published a direct final rule that would have amended the 
regulations governing the use of ATDs.\6\ The direct final rule would 
have increased the use of these devices for instrument training 
requirements above the levels established in the 2009 final rule. In 
developing this direct final rule, the FAA noted that ATD development 
has advanced to an impressive level of capability. Many ATDs can 
simulate weather conditions with variable winds, variable ceilings and 
visibility, icing, turbulence, high definition (HD) visuals, hundreds 
of different equipment failure scenarios, navigation specific to 
current charts and topography, specific navigation and communication 
equipment use, variable ``aircraft specific'' performance, and more. 
The visual and motion component of some of these devices permit 
maneuvers that require outside visual references in an aircraft to be 
successfully taught in an AATD. Many of these simulation capabilities 
were not possible in previously approved devices (such as PCATDs).
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    \6\ 79 FR 71634, December 3, 2014, withdrawn at 80 FR 2001, 
January 15, 2015 (RIN 2120-AK62).
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    In the direct final rule, the FAA stated its belief that permitting 
pilots to log increased time in ATDs would encourage pilots to practice 
maneuvers until they are performed to an acceptable level of 
proficiency. In an

[[Page 34340]]

ATD, a pilot can replay the training scenario, identify any improper 
action, practice abnormal/emergency procedures, and determine 
corrective actions without undue hazard or risk to persons or property. 
In this fashion, a pilot can continue to practice tasks and maneuvers 
in a safe, effective, and cost efficient means of maintaining 
proficiency.

II. The Direct Final Rule

    As described in the previous section, to address the discrepancy 
between FAA regulations and prior policy, on December 3, 2014, the FAA 
published a direct final rule that would have increased the allowed use 
of ATDs. The FAA received 20 comments to the direct final rule.\7\ The 
provisions of the direct final rule, the comments received, and FAA's 
responses to those comments are discussed below.
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    \7\ The direct final rule and the comments received thereto may 
be found in FAA Docket No. FAA-2014-0987 at http://www.regulations.gov.
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A. Credit for Aeronautical Experience Requirements for an Instrument 
Rating and Approved Instrument Rating Courses

    Credit for aeronautical experience requirements for an instrument 
rating: The direct final rule would have increased the maximum time 
that may be credited in an ATD toward the aeronautical experience 
requirements for an instrument rating under Sec.  61.65(i). The direct 
final rule would have permitted a person to credit a maximum of 20 
hours of aeronautical experience acquired in an approved ATD toward the 
requirements for an instrument rating. Devices that qualify as AATDs 
would have been authorized for up to 20 hours of experience to meet the 
instrument time requirements. Devices that qualify as BATDs would have 
been authorized for a maximum of 10 hours of experience to meet the 
instrument time requirements.
    Approved instrument rating courses: The direct final rule also 
would have amended appendix C to part 141 to increase the limit on the 
amount of training hours that may be accomplished in an ATD in an 
approved course for an instrument rating. An ATD would have been 
permitted to be used for no more than 40 percent of the total flight 
training hour requirements in an approved instrument rating course.
    Comments received: The FAA received 20 comments regarding these 
provisions. Eighteen comments supported the provisions. However, two 
commenters raised concerns. As those comments were adverse to the 
direct final rule, the FAA was required to withdraw the direct final 
rule, 80 FR 2001, (Jan. 15, 2015). 14 CFR 11.13. The comments and FAA's 
responses are discussed below.
    Comments supporting the direct final rule: Eighteen comments 
supported the direct final rule provisions with 16 comments from 
individuals, and two from the Society of Aviation and Flight Educators 
(SAFE) and the Aircraft Owners and Pilots Association (AOPA).
    Nine commenters simply stated their general support. Several other 
commenters noted that use of ATDs would save pilots time and money. The 
FAA notes that none of those commenters provided quantified estimates 
regarding time or cost savings.
    One commenter asserted that the ability to simulate a wide variety 
of situations or to drill procedures through repetition in an ATD is 
far greater than in the actual aircraft. The commenter believed that 
the ATD learning environment is less stressful, less noisy, and less 
unpredictable, thus making it a better classroom to learn detailed 
instrument procedures.
    Another commenter asserted that the rule provisions would enhance 
safety by allowing more pilots to add instrument ratings to their 
certificates. The commenter believed that the rule provisions would 
potentially reduce controlled flight into terrain accidents because 
pilots would be more likely to have a higher level of proficiency in 
controlling solely by reference to the instruments.
    One commenter expressed a desire that the same principles applied 
to required instrument experience under 14 CFR 61.57. The FAA notes 
that this comment is beyond the scope of this rulemaking.
    Adverse comments: The FAA received two adverse comments regarding 
these provisions. The first commenter, who indicated he is a 
professional pilot, airline transport pilot, and flight instructor with 
multiple ratings (airplane multiengine, airplane single-engine, and 
instrument-airplane), believed that flight requires the use and 
correlation of all senses in order to make a lasting impression. The 
commenter believed the fundamentals of instructing agrees with this 
position. More importantly, the commenter believed that acclimation to 
instrument meteorological conditions helps pilots relate these various 
inputs and strategies to deal with them. The commenter asserted that 
ATDs are valuable as procedure trainers, but not as valuable as 
``everyone seems to think. The rapid redeployment of a situation seems 
like an advantage, yet it diminishes the learning because it seems so 
easy to recover from a botched maneuver.'' The commenter also asserted 
that resetting the situation diminishes the ``routine'' that a pilot 
relies on to take him or her to a specific place, which interferes 
greatly with the learning of each step.
    The commenter also believed that no amount of graphic imagery or 
display setup, even in full motion simulators, ever causes a pilot to 
lose consciousness of the fact that it is a simulator. The commenter 
asserted that flight simulators are wonderful, but very limited 
devices. Instead of increasing a pilot's skill, however, they have come 
between real-world flying and desktop flying. The commenter stated that 
they have increased reliance on screens and autopilots and diminished 
the pilot's sense of being in charge of the aircraft and the flight. 
Stalls, thunderstorms, and icing are the greatest dangers, yet ATDs 
cannot depict these accurately or realistically.
    Finally, the commenter noted the belief that the industry at large 
always diminishes the importance of safety and increases the importance 
of costs whenever training requirements are considered. The commenter 
believed one hour in any aircraft is worth ten in front of an ATD. The 
commenter stated, ``The cost of a lost aircraft and all its crew is not 
worth the imagined savings gained from flying imaginary aircraft in 
imaginary environments.''
    The second commenter, who is or was, a flight instructor with an 
instrument rating and an air traffic controller, questioned whether 
flight students should be trained and live in an unrealistic world. The 
commenter believed that training in the classroom environment and in 
labs was an excellent preparatory environment, but nothing like the 
realities of real life. While the commenter ``highly recommend[ed]'' 
the use of such devices, the commenter cautioned the direct final rule 
included too much of a reduction. The commenter advised: ``Proceed with 
appropriate caution and understand the risk involved.''
    Public comments responding to the adverse comments: SAFE submitted 
a comment in response to the first adverse comment received. SAFE noted 
that microprocessor developments over the past several years have 
resulted in a new generation of increasingly affordable mid and upper 
level devices which replicate sensory inputs with an incredible degree 
of accuracy and which are becoming commonplace in the training market. 
SAFE stated that ATDs can provide the student with excellent 
opportunities to focus on learning the correct procedures for 
situations such as

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nighttime operations, narrow or sloping runways, glassy water, and 
instrument meteorological conditions without interference from 
conflicting or adverse sensory inputs before being exposed to them in 
the live flight environment where confusion can occur between the body 
and the brain until training and experience overcome the sensory input.
    SAFE claimed that ``Peer reviewed research conclusively shows that 
when properly utilized as part of a comprehensive training program 
[training] devices actually speed up the learning process by allowing 
students to bypass areas of successful understanding and to concentrate 
on areas where more practice is required. . . . Specific research by 
the military and major airlines show that these devices can 
consistently enhance student retention of lesson material, increase 
student confidence levels, and reduce accident and loss rates.'' The 
FAA notes that SAFE did not provide sources for these claims.
    SAFE further asserted that ATDs have proven very effective in 
simulating certain emergencies too dangerous to practice in the air. 
This practice builds pilot confidence in being prepared to handle such 
situations should they occur. SAFE also asserted that current military 
and civilian research shows a positive relationship between ATD use and 
safer flying. SAFE did not provide research or source citations to 
support these assertions.
    Finally, SAFE noted that one of the key factors in today's extreme 
dropout rate in flight training is the ``very high cost.'' SAFE stated 
``[W]e must find a way to contain the training costs without 
sacrificing safety or operation utility. ATDs, properly utilized, are a 
modern component in achieving this.''
    AOPA also supported the rule with the following statement and 
stated that the FAA should ``continue to permit the flight training 
industry to maximize the use of aviation training devices (ATDs) for 
instrument flight training in order to certificate safe competent 
pilots in a structured and economical way.'' AOPA also provided 
discussion concerning the adverse comments received and suggested why 
they should be considered without substance and not adverse within the 
context of the direct final rulemaking process.
    FAA Response: The FAA agrees with the commenters who support 
increased training time in ATDs, including the comments related to the 
dynamic training capability of these devices, cost savings, and recent 
technical advancements that enhance the usability of ATDs.
    To the extent that an adverse commenter asserted that flying must 
involve a ``correlation of all senses'' and that ``sounds and feel are 
vital to recognizing unusual attitudes'' when other senses fail, the 
FAA disagrees concerning positive aircraft control skills and has 
provided extensive guidance on this topic in the Instrument Flying 
Handbook (FAA-H-8083-15B).\8\ In particular, the Handbook advises that 
pilots should disregard sensory perceptions and ``[m]ost importantly, 
become proficient in the use of the flight instruments and rely upon 
them.'' The Handbook further states ``[t]hese undesirable sensations 
cannot be completely prevented, but through training and awareness, 
pilots can ignore or suppress them by developing absolute reliance on 
the flight instruments.'' \9\
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    \8\ http://www.faa.gov/regulations_policies/handbooks_manuals/aviation/.
    \9\ FAA-H-8083-15B Instrument Flying Handbook updated 7/2/2014 
pg. 3-9.
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    The FAA believes that training in ATDs and FSTDs, when used in 
conjunction with training in an aircraft, teach an instrument student 
to trust the appropriate sense, vision, in order to successfully 
operate an aircraft in low visibility conditions. Training in an ATD 
reinforces this necessary skill and any reliance on ``sounds or feel'' 
may ultimately lead to loss of control when operating an aircraft in 
instrument meteorological conditions. Because ignoring the postural 
senses involves relying on visual clues, the ATD provides an excellent 
platform for a pilot to develop this portion of his or her instrument 
flying skills. The FAA recognizes that a device does not require motion 
in order to be approved as an AATD; thus, these devices are limited in 
that they cannot completely train the pilot to ignore outside sensory 
perceptions. The FAA finds that a pilot can develop this ability during 
the aeronautical experience that an applicant for an instrument rating 
must obtain in an aircraft.
    The same commenter also discussed the capability of an aviation 
training device to ``[reset] the situation.'' The commenter suggested 
that this capability makes it too easy to recover from an 
unsatisfactory maneuver by simply returning to a previous location 
during the simulated flight. The commenter explained that this 
diminishes the routine that a pilot relies on during flight. The FAA 
does not agree and finds significant value in the ability of the device 
to be reconfigured to return to a point at which the pilot is having 
difficulty with a particular procedure or maneuver. This will allow the 
pilot to practice the corrective action until able to successfully 
complete the procedure or maneuver. This feature allows repetitive 
practice of a difficult procedure in a short period of time that could 
potentially add hours of training if accomplished in an aircraft. 
Additionally, simulation supports the long-endorsed teaching practice 
of ``meaningful repetition.'' \10\ More practice in an aviation 
training device until a pilot performs a particular segment of a 
procedure or action correctly, before attempting the same in an 
aircraft, is an acceptable and desirable practice. Because half of the 
required instrument time under part 61 (20 hours), or 60 percent of the 
total flight training hours under part 141 (21 hours), would be 
accomplished in an aircraft, the necessary routine mentioned by the 
commenter will be provided during those lessons performed while in 
flight.
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    \10\ FAA-H-8083-9A Flight Instructors Handbook pg. 2-35.
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    In addition, the commenter stated that ``[T]he consequences of 
training pilots in ATDs is that they do not experience the fear that 
accompanies real-life emergencies, or the sensory inputs that come with 
icing and thunderstorm contact.'' The FAA does not support flight 
training that involves intentional flight into dangerous weather 
conditions. Rather, the FAA expects pilots to purposely avoid icing 
\11\ and thunderstorm conditions \12\ and be taught to be proficient at 
doing so. In contrast, ATDs allow training to simulate inadvertent 
flight into these adverse conditions that cannot be accomplished safely 
in an aircraft. In an ATD, students are afforded an opportunity to 
practice recommended actions when encountering these undesirable 
weather conditions without risk. There are many emergency procedures 
that can be practiced in ATDs that cannot be safely accomplished in the 
aircraft. This allows for training that students would not otherwise 
receive and provides the appropriate mitigation of risk without 
diminishing the quality or depth of training.
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    \11\ AC 91-74A Pilot Guide: Flight in Icing Conditions, Pilot 
Strategies pg. 42.
    \12\ AIM Aeronautical Information Manual 7-1-29 Thunderstorm 
Flying.
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    Finally, the commenter stated that ``[f]light simulators are 
wonderful, but very limited devices,'' asserting that simulators have 
increased reliance on screens and autopilots and diminish the pilot's 
sense of being in charge. The commenter disapproved of instructors 
relying less on real world experience

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and that the industry at large puts costs before safety. The FAA 
believes that these comments reflect the commenter's concern about 
automation and advanced avionics versus concern about simulators. 
Despite the commenter's concern over automation and advanced avionics, 
the FAA recognizes that use of these systems has become commonplace in 
general aviation aircraft. It is therefore beneficial to teach the use 
of these advanced systems in ATDs to supplement training in the 
aircraft.
    The second commenter provided some support for the use of ATDs, 
noting for example that the cockpit is not a suitable classroom in 
which to teach. The commenter also expressed concerns that are not 
specific to ATDs, such as communication skills, not directly pertinent 
to the direct final rule or to this proposed rule. However, the 
commenter discussed whether training flight students in an unrealistic 
world is appropriate.
    The FAA believes that ATDs are specifically designed to replicate 
the real world and help pilots to develop their instrument skills in 
advance of receiving training and experience in an aircraft.\13\ The 
concerns raised by both commenters are mitigated by the fact that a 
substantial portion of the required instrument time would still be 
accomplished in an aircraft. Instrument rating applicants would need to 
obtain a minimum of 20 hours of instrument time in an aircraft under 
part 61 or complete a minimum of 60 percent of the training 
requirements in an aircraft under part 141.\14\ Additional scrutiny of 
the pilot's proficiency occurs before an FAA examiner during a 
practical test which must be conducted in an aircraft in the national 
airspace system. The FAA specifically notes that the airman instrument 
practical test requires demonstration of a specific level of 
proficiency and expertise in flight, and airman testing in ATDs is not 
permitted.\15\
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    \13\ AC 61-136A, FAA Approval of Aviation Training Devices and 
Their Use for Training and Experience.
    \14\ An exception would still exist for those courses that are 
approved under 14 CFR 141.55(d) and (e).
    \15\ FAA-S-8081-4E, Instrument Rating Practical Test Standards, 
Appendix 1.
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    Recently documented research concerning training effectiveness in 
simulation devices that reflect modern ATD systems is limited. The FAA 
notes two studies related to ATDs that were done in the past 20 years. 
The first paper published in May of 2005 titled ``Effectiveness of 
Flight Training Devices Used for Instrument Training,'' \16\ referenced 
the use of an Elite PCATD and a Frasca 141 Level 1 FTD. Students using 
these two trainers generally completed their flight lessons (i.e., 
those accomplished in an aircraft) in less time. The overall findings 
reported that flight training hours required to develop basic 
instrument flying skills (the report referenced aircraft control, 
instrument departures, en-route and approach procedures) was reduced. 
Training hours required to develop advanced skills, such as NDB holds, 
approaches, and partial panel procedures, were not necessarily reduced. 
However, cross country flight training time was reduced by up to 50 
percent for some of these same individuals.
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    \16\ Taylor, H.L., Talleur, D.A., Emanuel Jr., T.W., Rantaner, 
E., ``Effectiveness of Flight Training Devices Used for Instrument 
Training,'' Final Technical Report AHFD-05-9/FAA-05-4, Federal 
Aviation Administration, May 2005. A copy of this document has been 
placed in the docket for this rulemaking.
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    The second research paper, ``Transfer of Training Effectiveness of 
Personal Computer-Based Aviation Training Devices,'' \17\ published in 
May 1997, discusses the use of a PCATD trainer for a two-semester 
instrument course. Trainees that used the training device were able to 
develop the proficiency to perform some exercises in the aircraft with 
a flight time savings of 15 percent to 40 percent relative to those 
that did not use the training device. However, for some other 
exercises, a burden of an extra 25 percent in flight time resulted for 
those students that used the training device.
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    \17\ Taylor, H.L., Lintern, G., Hulin, C.L., Talleur, D., 
Emanuel, T., Phillips, S., ``Transfer of Training Effectiveness of 
Personal Computer-Based Aviation Training Devices,'' DOT/FAA/AM-97/
11, Office of Aviation Medicine, Washington, DC, May 1997. A copy of 
this document has been placed in the docket for this rulemaking.
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    The FAA believes that these earlier studies are largely incomplete 
because the training devices used in the aforementioned studies do not 
reflect the current capabilities and standards \18\ required for AATDs 
as the FAA approves them today. Most of these older devices utilized in 
the available studies lack the sophistication now facilitated by more 
readily available advanced computer system software and hardware, 
including improved visuals/databases, and the increased system fidelity 
and replication that these newer training systems take advantage of 
today. The FAA also notes that with the increased implementation of 
scenario-based training, ATDs are used more effectively than in the 
past. Therefore, the FAA considers the results of these findings 
somewhat inapplicable and, for the reasons described above, believes 
that the proposed regulatory change is still in the best interest of 
aviation safety. The FAA seeks comment regarding any additional 
relevant data or institutional research that supports the training and 
safety advantages when using ATDs, or establishes that such devices do 
not enhance pilot training and flight safety.
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    \18\ AC 61-136 first published in July 2008 provided the 
standards used today for the approval and use of ATD's. This was 
recently revised in December 2014.
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    As of January 1, 2015, all LOAs issued prior to August 23, 2013, 
for training devices approved to meet requirements under parts 61 and 
141 terminated.\19\ This means that experience obtained in these 
devices may no longer be credited toward aeronautical experience or 
currency requirements in parts 61 and 141 unless the FAA has issued an 
updated LOA. Therefore, any FAA-approved ATDs being used to meet 
current aeronautical experience requirements have been demonstrated to 
meet the updated standards for AATDs set forth in AC 61-136 (as 
amended). Devices that were approved beginning August 23, 2013, were 
issued an LOA with a 5-year expiration date. This will ensure that the 
type of device meets acceptable standards for use in crediting 
aeronautical experience and currency. Devices that do not meet the 
standard for an AATD will either be issued an LOA that approves the 
device as a BATD (with lower time crediting allowances as described in 
AC 61-136) or will simply not be issued an LOA in which case the device 
can be used as a training aid, but not credited for aeronautical 
experience.
---------------------------------------------------------------------------

    \19\ 79 FR 20, Notice of Policy Change for the Use of FAA 
Approved Training Devices.
---------------------------------------------------------------------------

    In addition, current ATD approval and use involves substantial FAA 
scrutiny and oversight as provided in the recently revised AC 61-136A, 
FAA Approval of Aviation Training Devices and Their Use for Training 
and Experience. As noted above, this includes a review for renewal of 
approvals every five years, confirming that these training devices 
continue to perform to the updated standards. This review is based on 
standards and practices that combine over 30 years of experience 
between the FAA and industry.

B. View-Limiting Devices

    Under Sec.  61.51(g), a person may log instrument time only for 
that flight time when the person operates an aircraft solely by 
reference to the instruments under actual or simulated conditions. When 
instrument time is logged in an

[[Page 34343]]

aircraft, a pilot wears a view-limiting device to simulate instrument 
conditions and ensure that he or she is flying without utilizing 
outside visual references. Currently, Sec.  61.65(i) requires a pilot 
who is logging instrument time in an ATD to wear a view-limiting 
device. The direct final rule would have revised Sec.  61.65(i)(4) to 
eliminate the requirement that pilots accomplishing instrument time in 
an ATD wear a view-limiting device.
    The purpose of a view-limiting device is to prevent a pilot (while 
training in an aircraft during flight) from having outside visual 
references that would naturally be present otherwise. These references 
are not available in a training device and a pilot has no opportunity 
to look outside for any useful visual references pertaining to the 
simulation. The FAA recognizes that the majority of these devices have 
a simulated visual display that can be configured to be unavailable or 
represent ``limited visibility'' conditions that preclude any need for 
a view-limiting device to be worn by the student. This lack of visual 
references requires the pilot to give his or her full attention to the 
flight instruments which is the goal of any instrument training or 
experience. The FAA believes that using a training device can be useful 
because it trains the pilot to focus on, appropriately scan and 
interpret the flight instruments. Since these devices incorporate a 
visual system that can be configured to the desired visibility level, 
use of a view-limiting device would have no longer been required by the 
direct final rule.
    When the FAA introduced Sec.  61.65(i)(4) requiring view-limiting 
devices in the 2009 final rule, the preamble was silent as to why a 
view-limiting device was necessary. 74 FR 42500, 42523. Based on 
comments from industry, the FAA has determined that due to the 
sophistication of the flight visual representation for ATDs and the 
capability of presenting various weather conditions appropriate to the 
training scenario, a view-limiting device is unnecessary. Because 
persons operating an ATD can simulate both instrument and visual 
conditions, FAA LOAs specifically reference Sec.  61.51 that stipulates 
a pilot can only log instrument time when using the flight instruments 
for reference and operation.\20\
---------------------------------------------------------------------------

    \20\ AC 61-136A Appendix 4, Training Content and Logging 
Provisions references limitations for logging instrument time.
---------------------------------------------------------------------------

    Comments received: The FAA received one comment in response to this 
provision in the direct final rule. The commenter believed that 
removing the requirement for a student to wear a view-limiting device 
while using an ATD is a sensible decision. The commenter believed that 
there is much more benefit to be gained by the view limiting features 
of the ATD itself than by a view-limiting piece of headgear.
    FAA Response: The FAA agrees that it is unnecessary for a student 
to wear a view-limiting device when using an ATD. The FAA finds that 
this requirement is not necessary because ATDs do not afford relevant 
outside references.

III. The Proposed Rule

    After consideration of the comments received to the direct final 
rule, the FAA is proposing the following changes to 14 CFR parts 61 and 
141. These changes are the same as in the direct final rule, 79 FR 
71634, (Dec. 3, 2014), withdrawn at 80 FR 2001, (Jan. 15, 2015).

A. Credit for the Aeronautical Experience Requirements for an 
Instrument Rating

    The FAA is proposing to increase the maximum time that may be 
credited in an ATD toward the instrument time requirements for an 
instrument rating under Sec.  61.65(i). A person would be permitted to 
credit a maximum of 20 hours of instrument time in an approved ATD 
toward the requirements for an instrument rating.\21\ Devices that 
qualify as AATDs would be authorized for up to 20 hours of instrument 
time. Devices that qualify as BATDs would be authorized for a maximum 
of 10 hours of instrument time. In light of this difference, pilots 
must--as required by current regulations--include in their logbooks the 
type and identification of any ATD that is used to accomplish 
aeronautical experience requirements for a certificate, rating, or 
recent flight experience. 14 CFR 61.51(b)(1)(iv). The FAA is retaining 
the existing limit of 20 hours of combined time in FFSs, FTDs, and ATDs 
that may be credited towards the aeronautical experience requirements 
for an instrument rating.
---------------------------------------------------------------------------

    \21\ As required under Sec.  61.51(g)(4), to log instrument time 
in an ATD for the purpose of a certificate or rating, an authorized 
instructor must be present.
---------------------------------------------------------------------------

B. Approved Instrument Rating Courses

    The FAA is also proposing to amend appendix C to part 141 to 
increase the limit on the amount of training hours that may be 
accomplished in an ATD in an approved course for an instrument rating. 
An ATD could be used for no more than 40 percent of the total flight 
training hour requirements in an instrument rating course. The FAA 
notes that this rule would not change the current provisions in 
appendix C which limit credit for training in FFSs, FTDs, and ATDs, 
that if used in combination, cannot exceed 50 percent of the total 
flight training hour requirements of an instrument rating course.
    In addition, the FAA is proposing to amend Sec.  141.41 to clarify 
the existing qualification and approval requirement for FSTDs and to 
add the qualification and approval of ATDs by the FAA, which is 
currently conducted pursuant to Sec.  61.4(c).

C. View-Limiting Device

    The FAA is proposing to revise Sec.  61.65(i)(4) to eliminate the 
requirement that pilots accomplishing instrument time in an ATD wear a 
view-limiting device. The FAA emphasizes, however, that a pilot--
whether in an aircraft, FFS, FTD, or ATD--may log instrument time only 
when the pilot is operating solely by reference to the instruments 
under actual or simulated conditions. If a pilot is using an ATD and 
the device is providing visual references upon which the pilot is 
relying, this would not constitute instrument time under Sec.  
61.51(g).

IV. Advisory Circulars and Other Guidance Materials

    To further implement this rule, the FAA is proposing to revise the 
following FAA Order:
    FAA Order 8900.1, Flight Standards Information Management System, 
Volume 11, Chapter 10, Section 1, (Basic and Advanced Aviation Training 
Device) Approval and Authorized Use under 14 CFR parts 61 and 141.

V. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 
(Public Law 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Public Law 96-39) prohibits agencies from setting standards that 
create unnecessary obstacles to the foreign commerce of the United 
States. In developing U.S. standards, this Trade Act requires agencies 
to consider international standards and, where appropriate, that they 
be the basis of U.S. standards. Fourth, the Unfunded

[[Page 34344]]

Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to 
prepare a written assessment of the costs, benefits, and other effects 
of proposed or final rules that include a Federal mandate likely to 
result in the expenditure by State, local, or tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
annually (adjusted for inflation with base year of 1995). This portion 
of the preamble summarizes the FAA's analysis of the economic impacts 
of this notice of proposed rulemaking.
    In conducting these analyses, FAA has determined that this proposed 
rule: (1) Has benefits that justify its costs; (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; (3) is not ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; (4) would not have a 
significant economic impact on a substantial number of small entities; 
(5) would not create unnecessary obstacles to the foreign commerce of 
the United States; and (6) would not impose an unfunded mandate on 
State, local, or tribal governments, or on the private sector by 
exceeding the threshold identified above. These analyses are summarized 
below.
    Department of Transportation DOT Order 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the costs and benefits is not prepared. 
Such a determination has been made for this notice of proposed 
rulemaking. The reasoning for this determination follows:
    The provisions included in this rule are either relieving or 
voluntary. The elimination of the requirement to use a view-limiting 
device is a relieving provision. The other two provisions are voluntary 
and cost relieving--additional ATD credit for instrument time for an 
instrument rating and additional ATD credit for approved instrument 
courses, if acted upon, is cheaper than flight training time.
    Persons who use the new provisions would do so only if the benefit 
they would accrue from their use exceeded the costs they might incur to 
comply. Given the hundreds of LOAs issued, industry's high usage of 
ATDs, and SAFE and AOPA's endorsement of ATDs, the proposed change in 
requirements is likely to be relieving. Benefits will exceed the costs 
of a voluntary rule if just one person voluntarily complies.
    Since this proposed rule would offer a lower cost alternative, 
would provide regulatory relief for the use of view-limiting devices, 
and would allow greater voluntary use of ATDs, the expected outcome 
would be cost relieving to minimal impact with positive net benefits.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    Most of the parties affected by this rule would be small businesses 
such as flight instructors, aviation schools, and fixed base operators. 
The general lack of publicly available financial information from these 
small businesses precludes a financial analysis of these small 
businesses. While there is likely a substantial number of small 
entities affected, the provisions of this proposed rule are either 
relieving (directly provides cost relief) or voluntary (provides 
benefits or costs only if a person voluntarily chooses to use the rule 
provision). The FAA made the same determination as part of the direct 
final rule and received no comments.
    If an agency determines that a rulemaking will not result in a 
significant economic impact on a substantial number of small entities, 
the head of the agency may so certify under section 605(b) of the RFA. 
Therefore, as provided in section 605(b), the head of the FAA certifies 
that this rulemaking would not result in a significant economic impact 
on a substantial number of small entities.

C. International Trade Impact Assessment

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

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $151.0 million in lieu of $100 
million.
    This proposed rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

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

[[Page 34345]]

collection associated with this proposed rule.

F. International Compatibility and Cooperation

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

G. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312f and involves no extraordinary 
circumstances.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this rule under the principles and criteria of 
Executive Order 13132, Federalism. The agency has determined that this 
action would not have a substantial direct effect on the States, or the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and, therefore, would not have Federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, (77 FR 26413, May 4, 2012) promotes international 
regulatory cooperation to meet shared challenges involving health, 
safety, labor, security, environmental, and other issues and to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. The FAA has analyzed this action under the policies and 
agency responsibilities of Executive Order 13609, and has determined 
that this action would have no effect on international regulatory 
cooperation.

VII. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting this document. 
The most helpful comments reference a specific portion of the rule, 
explain the reason for any recommended change, and include supporting 
data. To ensure the docket does not contain duplicate comments, 
commenters should send only one copy of written comments, or if 
comments are filed electronically, commenters should submit only one 
time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this rulemaking. Before acting on this proposed 
rule, the FAA will consider all comments it receives on or before the 
closing date for comments. The agency may change this rule in light of 
the comments it receives.
    Proprietary or Confidential Business Information: Commenters should 
not file proprietary or confidential business information in the 
docket. Such information must be sent or delivered directly to the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this document, and marked as proprietary or confidential. If submitting 
information on a disk or CD ROM, mark the outside of the disk or CD 
ROM, and identify electronically within the disk or CD ROM the specific 
information that is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary 
information filed with a comment, the agency does not place it in the 
docket. It is held in a separate file to which the public does not have 
access, and the FAA places a note in the docket that it has received 
it. If the FAA receives a request to examine or copy this information, 
it treats it as any other request under the Freedom of Information Act 
(5 U.S.C. 552). The FAA processes such a request under Department of 
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the 
Internet by--
     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at 
http://www.faa.gov/regulations_policies, or
     Accessing the Government Printing Office's Web page at 
http://www.fdsys.gov.
    Copies may also be obtained by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed from 
the Internet through the Federal eRulemaking Portal referenced above.

List of Subjects

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Teachers.

14 CFR Part 141

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

The Proposed Amendment

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

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

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

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

0
2. Amend Sec.  61.65 by revising paragraph (i) and adding paragraph (j) 
to read as follows:


Sec.  61.65  Instrument rating requirements.

* * * * *
    (i) Use of an aviation training device. A maximum of 20 hours of 
instrument time received in an aviation training device may be credited 
for the instrument time requirements of this section if--
    (1) The device is approved and authorized by the FAA;
    (2) An authorized instructor provides the instrument time in the 
device; and

[[Page 34346]]

    (3) The FAA approved the instrument training and instrument tasks 
performed in the device.
    (j) A person may not credit more than 20 total hours of instrument 
time in a flight simulator, flight training device, aviation training 
device, or combination toward the instrument time requirements of this 
section.

PART 141--PILOT SCHOOLS

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

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

0
4. Revise Sec.  141.41 to read as follows:


Sec.  141.41  Flight simulators, flight training devices, aviation 
training devices, and training aids.

    An applicant for a pilot school certificate or a provisional pilot 
school certificate must show that its flight simulators, flight 
training devices, aviation training devices, training aids, and 
equipment meet the following requirements:
    (a) Flight simulators and flight training devices. Each flight 
simulator and flight training device used to obtain flight training 
credit in an approved pilot training course curriculum must be:
    (1) Qualified under part 60 of this chapter; and
    (2) Approved by the Administrator for the tasks and maneuvers.
    (b) Aviation training devices. Each aviation training device used 
to obtain flight training credit in an approved pilot training course 
curriculum must be evaluated, qualified, and approved by the 
Administrator.
    (c) Training aids and equipment. Each training aid, including any 
audiovisual aid, projector, mockup, chart, or aircraft component listed 
in the approved training course outline, must be accurate and relevant 
to the course for which it is used.
0
5. Amend Appendix C to part 141 by revising paragraph (b) in section 4 
to read as follows:

Appendix C to Part 141--Instrument Rating Course

* * * * *
    4. Flight training. * * *
    (b) For the use of flight simulators, flight training devices, 
or aviation training devices--
    (1) The course may include training in a flight simulator, 
flight training device, or aviation training device, provided it is 
representative of the aircraft for which the course is approved, 
meets the requirements of this paragraph, and the training is given 
by an authorized instructor.
    (2) Credit for training in a flight simulator that meets the 
requirements of Sec.  141.41(a) cannot exceed 50 percent of the 
total flight training hour requirements of the course or of this 
section, whichever is less.
    (3) Credit for training in a flight training device that meets 
the requirements of Sec.  141.41(a), an aviation training device 
that meets the requirements of Sec.  141.41(b), or a combination of 
these devices cannot exceed 40 percent of the total flight training 
hour requirements of the course or of this section, whichever is 
less.
    (4) Credit for training in flight simulators, flight training 
devices, and aviation training devices if used in combination, 
cannot exceed 50 percent of the total flight training hour 
requirements of the course or of this section, whichever is less. 
However, credit for training in a flight training device or aviation 
training device cannot exceed the limitation provided for in 
paragraph (b)(3) of this section.
* * * * *

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f), 44701(a)(5), and 44703(a), on June 10, 2015.
Michael J. Zenkovich,
Acting Director Flight Standards Service.
[FR Doc. 2015-14836 Filed 6-15-15; 8:45 am]
 BILLING CODE 4910-13-P



                                                      34338                    Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                         (i) Remove from service the following                may review a copy of the service information           Avenue SE., Washington, DC, between 9
                                                      engine mount parts:                                     at the FAA, Office of the Regional Counsel,            a.m. and 5 p.m., Monday through
                                                         (A) Support arm, P/N C714A1107201;                   Southwest Region, 2601 Meacham Blvd.,                  Friday, except Federal holidays.
                                                         (B) Swaged support arm, P/N                          Room 663, Fort Worth, Texas 76137.
                                                      C714A1106201;
                                                                                                                                                                        • Fax: Fax comments to Docket
                                                                                                                 (2) The subject of this AD is addressed in
                                                         (C) Left-hand support bracket, P/N                   Direction Generale de L’Aviation Civile                Operations at 202–493–2251.
                                                      C714A1101102; and                                       (DGAC) AD No. F–2003–325 R1, Revision A,                  Privacy: In accordance with 5 U.S.C.
                                                         (D) Right-hand support bracket, P/N                  dated May 12, 2004. You may view the                   553(c), DOT solicits comments from the
                                                      C714A1101103.                                           DGAC AD on the Internet at http://                     public to better inform its rulemaking
                                                         (ii) Measure the height of the engine                www.regulations.gov in Docket No. FAA–                 process. DOT posts these comments,
                                                      mounting base as depicted in Figure 1 of                2014–0105.                                             without edit, including any personal
                                                      Eurocopter Alert SB No. 04A005, Revision 0,                                                                    information the commenter provides, to
                                                      dated July 16, 2003. If the height is more than         (j) Subject
                                                      10.5 millimeters, replace the engine mount
                                                                                                                                                                     http://www.regulations.gov, as
                                                                                                                 Joint Aircraft Service Component (JASC)
                                                      with an engine mount that does not have the             Code: 6310 Engine/Transmission Coupling—
                                                                                                                                                                     described in the system of records
                                                      parts identified in paragraph (f)(1)(i) of this         Coupling Tube, Engine Mount, and Engine                notice (DOT/ALL–14 FDMS), which can
                                                      AD.                                                     Mount Base.                                            be reviewed at http://www.dot.gov/
                                                         (2) For helicopters with a serial number                                                                    privacy.
                                                      1170 and larger or helicopters modified with              Issued in Fort Worth, Texas, on May 29,
                                                                                                              2015.
                                                                                                                                                                        Docket: Background documents or
                                                      an improvement of the engine mount in                                                                          comments received may be read at
                                                      accordance with SB 71–003:                              Lance T. Gant,
                                                                                                                                                                     http://www.regulations.gov at any time.
                                                         (i) Within 25 hours TIS, replace the spring-         Acting Directorate Manager, Rotorcraft
                                                      type engine suspension system and perform
                                                                                                                                                                     Follow the online instructions for
                                                                                                              Directorate, Aircraft Certification Service.
                                                      a dye-penetrant inspection of the flared                                                                       accessing the docket or go to the Docket
                                                                                                              [FR Doc. 2015–14282 Filed 6–15–15; 8:45 am]            Operations in Room W12–140 of the
                                                      coupling for a crack by following the
                                                                                                              BILLING CODE 4910–13–P                                 West Building Ground Floor at 1200
                                                      Accomplishment Instructions, paragraphs
                                                      2.B.2.a through 2.B.2.c of SB 71–005.                                                                          New Jersey Avenue SE., Washington,
                                                         (ii) If there is a crack in the flared coupling,                                                            DC, between 9 a.m. and 5 p.m., Monday
                                                      before further flight, replace the coupling             DEPARTMENT OF TRANSPORTATION                           through Friday, except Federal holidays.
                                                      with an airworthy coupling.
                                                         (3) For helicopters with coupling tube, P/           Federal Aviation Administration                        FOR FURTHER INFORMATION CONTACT: For
                                                      N C631A1002101, installed, before further                                                                      technical questions concerning this
                                                      flight, remove coupling tube, P/N                       14 CFR Parts 61 and 141                                action, contact Marcel Bernard, Airmen
                                                      C631A1002101, from service. Do not install                                                                     Certification and Training Branch,
                                                      coupling tube, P/N C631A1002101, on any                 [Docket No.: FAA–2015–1846; Notice No.                 Flight Standards Service, AFS–810,
                                                      helicopter.                                             15–03]
                                                                                                                                                                     Federal Aviation Administration, 898
                                                      (g) Special Flight Permits                              RIN 2120–AK71                                          Airport Park Road, Suite 204, Glen
                                                         Special flight permits may be issued                                                                        Burnie, MD 21061; telephone: (410)
                                                                                                              Aviation Training Device Credit for                    590–5364 x235 email marcel.bernard@
                                                      provided there are no cracks in the coupling
                                                      tube attachment fitting.
                                                                                                              Pilot Certification                                    faa.gov.
                                                                                                              AGENCY: Federal Aviation                                  For legal questions concerning this
                                                      (h) Alternative Methods of Compliance
                                                                                                              Administration (FAA), DOT.                             action, contact Anne Moore, Regulations
                                                      (AMOCs)
                                                                                                              ACTION: Notice of proposed rulemaking.
                                                                                                                                                                     Division, Office of the Chief Counsel,
                                                        (1) The Manager, Safety Management                                                                           AGC–200, Federal Aviation
                                                      Group, FAA, may approve AMOCs for this
                                                      AD. Send your proposal to: James Blyn,                  SUMMARY:   This rulemaking proposes to                 Administration, 800 Independence
                                                      Aviation Safety Engineer, Regulations and               relieve burdens on pilots seeking to                   Avenue SW., Washington, DC 20591;
                                                      Policy Group, Rotorcraft Directorate, FAA,              obtain aeronautical experience, training,              telephone (202) 267–3073; email
                                                      2601 Meacham Blvd., Fort Worth, Texas                   and certification by increasing the                    anne.moore@faa.gov.
                                                      76137; telephone (817) 222–5110; email                  allowed use of aviation training devices.              SUPPLEMENTARY INFORMATION:
                                                      james.blyn@faa.gov.                                     These actions are necessary to bring the
                                                        (2) For operations conducted under a 14               regulations in line with current needs                 Authority for This Rulemaking
                                                      CFR part 119 operating certificate or under             and activities of the general aviation                    The FAA’s authority to issue rules on
                                                      14 CFR part 91, subpart K, we suggest that
                                                      you notify your principal inspector, or                 training community and pilots.                         aviation safety is found in Title 49 of the
                                                      lacking a principal inspector, the manager of           DATES: Send comments on or before July                 United States Code (49 U.S.C.). Subtitle
                                                      the local flight standards district office or           16, 2015.                                              I, Section 106 describes the authority of
                                                      certificate holding district office before              ADDRESSES: Send comments identified                    the FAA Administrator. Subtitle VII,
                                                      operating any aircraft complying with this              by docket number FAA–2015–1846                         Aviation Programs, describes in more
                                                      AD through an AMOC.                                                                                            detail the scope of the agency’s
                                                                                                              using any of the following methods:
                                                      (i) Additional Information                                 • Federal eRulemaking Portal: Go to                 authority.
                                                         (1) Eurocopter Alert Service Bulletin (ASB)          http://www.regulations.gov and follow                     This rulemaking is promulgated
                                                      No. 05A003, Revision 2, dated July 16, 2003,            the online instructions for sending your               under the authority described in 49
                                                      Eurocopter ASB No. 05A003, Revision 3,                  comments electronically.                               U.S.C. 106(f), which establishes the
                                                      dated May 11, 2004, and Eurocopter Service                 • Mail: Send comments to Docket                     authority of the Administrator to
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                                                      Bulletin No. 71–003, Revision 1, dated July             Operations, M–30; U.S. Department of                   promulgate regulations and rules; 49
                                                      18, 2002, which are not incorporated by                 Transportation (DOT), 1200 New Jersey                  U.S.C. 44701(a)(5), which requires the
                                                      reference, contain additional information               Avenue SE., Room W12–140, West                         Administrator to promote safe flight of
                                                      about the subject of this AD. For service                                                                      civil aircraft in air commerce by
                                                      information identified in this AD, contact
                                                                                                              Building Ground Floor, Washington, DC
                                                      Airbus Helicopters, Inc., 2701 N. Forum                 20590–0001.                                            prescribing regulations and setting
                                                      Drive, Grand Prairie, Texas 75052, telephone               • Hand Delivery or Courier: Take                    minimum standards for other practices,
                                                      (972) 641–0000 or (800) 232–0323; fax (972)             comments to Docket Operations in                       methods, and procedures necessary for
                                                      641–3775; or at http://                                 Room W12–140 of the West Building                      safety in air commerce and national
                                                      www.airbushelicopters.com/techpub. You                  Ground Floor at 1200 New Jersey                        security; and 49 U.S.C. 44703(a), which


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                                                                               Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules                                                   34339

                                                      requires the Administrator to prescribe                 aeronautical experience requirements                   to be in the public interest in order to
                                                      regulations for the issuance of airman                  for an instrument rating.2                             prevent undue harm caused by
                                                      certificates when the Administrator                        Since the 2009 final rule, § 61.65(i)               reasonable reliance on the LOAs.
                                                      finds, after investigation, that an                     has provided that no more than 10                         As stated in the notice, this short term
                                                      individual is qualified for, and                        hours of instrument time received in an                exemption expired on January 1, 2015.
                                                      physically able to perform the duties                   ATD may be credited toward the                         The FAA explained that after that date,
                                                      related to, the position authorized by                  instrument time requirements of that                   no applicant training for an instrument
                                                      the certificate.                                        section. In addition, appendix C to part               rating under part 61 may use more than
                                                                                                              141 permits an ATD to be used for no                   10 hours of instrument time in an ATD
                                                      I. Background                                           more than 10 percent of the total flight               toward the minimum aeronautical
                                                         Since the 1970s, the FAA has                         training hour requirements of an                       experience requirements required to
                                                      gradually expanded the permitted use of                 approved course for an instrument                      take the practical test for an instrument
                                                      flight simulation for training—first                    rating.                                                rating.4 In addition, no instrument
                                                      permitting simulation to be used in air                    Prior to the 2009 final rule, the FAA               rating course approved under appendix
                                                      carrier training programs and eventually                had issued hundreds of LOAs to                         C to part 141 may credit more than 10
                                                      permitting pilots to credit time in                     manufacturers of devices that permitted                percent of training in ATDs toward the
                                                      devices toward the aeronautical                         some ATDs (as well as ground trainers,                 total flight training hour requirements of
                                                      experience requirements for airman                      and FTDs (levels 1 through 3)) to be                   the course (unless that program has
                                                      certification and recency. Currently,                   used to a greater extent than was                      been approved in accordance with
                                                      Title 14 of the Code of Federal                         ultimately set forth in the regulations.               § 141.55(d) or (e)).5
                                                      Regulations (14 CFR) part 60 governs                    The FAA continued to issue LOAs for                       To address the discrepancy between
                                                      the qualification of flight simulation                  AATDs in excess of the express                         the level of ATD credit allowed
                                                      training devices (FSTDs), which include                 limitations in the regulations after the               historically by LOA and the lower
                                                      full flight simulators (FFSs) level A                   publication of the 2009 final rule.                    allowances placed in the regulations,
                                                      through D and flight training devices                      On January 2, 2014, the FAA                         the FAA published a direct final rule
                                                      (FTDs) levels 4 through 7. The FAA has,                 published a notice of policy requiring                 that would have amended the
                                                      however, approved other devices,                        manufacturers of ATDs to obtain new                    regulations governing the use of ATDs.6
                                                      including aviation training devices                     LOAs reflecting the appropriate                        The direct final rule would have
                                                      (ATDs), for use in pilot certification                  regulatory allowances for ATD use. 79                  increased the use of these devices for
                                                      training, under the authority provided                  FR 20.3 The notice stated the FAA’s                    instrument training requirements above
                                                      in 14 CFR 61.4(c).1                                     conclusion that it could not use LOAs                  the levels established in the 2009 final
                                                         For over 30 years, the FAA has issued                to exceed express limitations that had                 rule. In developing this direct final rule,
                                                      letters of authorization (LOAs) to                      been placed in the regulations through                 the FAA noted that ATD development
                                                      manufacturers of ground trainers,                       notice and comment rulemaking. The                     has advanced to an impressive level of
                                                      personal computer-based aviation                        FAA noted that, since August 2013,                     capability. Many ATDs can simulate
                                                      training devices (PCATD), FTDs (levels                  LOAs issued for new devices reflect                    weather conditions with variable winds,
                                                      1 through 3), basic aviation training                   current regulatory requirements.                       variable ceilings and visibility, icing,
                                                      devices (BATD), and advanced aviation                   However, manufacturers and operators                   turbulence, high definition (HD) visuals,
                                                      training devices (AATD). These LOAs                     who held LOAs issued prior to August                   hundreds of different equipment failure
                                                      were based on guidance provided in                      2013 acted in reliance on FAA                          scenarios, navigation specific to current
                                                      advisory circulars (ACs) that set forth                 statements that were inconsistent with                 charts and topography, specific
                                                      the qualifications and capabilities for                 the regulations. Therefore, the FAA                    navigation and communication
                                                      the devices. Prior to 2008, most LOAs                   granted a limited exemption from the                   equipment use, variable ‘‘aircraft
                                                      were issued under the guidance                          requirement in the regulations to                      specific’’ performance, and more. The
                                                      provided in AC 61–126, Qualification                    provide manufacturers, operators, and                  visual and motion component of some
                                                      and Approval of Personal Computer-                      pilots currently training for an                       of these devices permit maneuvers that
                                                      Based Aviation Training Devices, and                    instrument rating time to adjust to the                require outside visual references in an
                                                      AC 120–45, Airplane Flight Training                     reduction in creditable hours. This                    aircraft to be successfully taught in an
                                                      Device Qualification. Starting in July of               short-term exemption was intended to                   AATD. Many of these simulation
                                                      2008, the FAA approved devices in                       provide an interim period to transition                capabilities were not possible in
                                                      accordance with AC 61–136, FAA                          the LOAs for all previously approved                   previously approved devices (such as
                                                      Approval of Basic Aviation Training                     devices in accordance with the new                     PCATDs).
                                                                                                              policy. The FAA found the exemption                       In the direct final rule, the FAA stated
                                                      Devices (BATD) and Advanced Aviation
                                                                                                                                                                     its belief that permitting pilots to log
                                                      Training Devices (AATD). More
                                                                                                                 2 In a 2007 NPRM, the FAA proposed to limit the     increased time in ATDs would
                                                      recently, on December 3, 2014, the FAA
                                                                                                              time in a personal computer-based aviation training    encourage pilots to practice maneuvers
                                                      published a revision to AC 61–136A,                     device that could be credited toward the instrument    until they are performed to an
                                                      Approval of Aviation Training Devices                   rating. Pilot, Flight Instructor, and Pilot School
                                                                                                                                                                     acceptable level of proficiency. In an
                                                      and Their Use for Training and                          Certification NPRM, 72 FR 5806 (February 7, 2007).
                                                      Experience.                                             Three commenters recommended that the FAA use
                                                                                                                                                                       4 Under § 61.65, a person who applies for an
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                                                                                                              the terms ‘‘basic aviation training device’’ (BATD)
                                                         In 2009, the FAA issued a final rule                 and ‘‘advanced aviation training device’’ (AATD).      instrument rating must have completed 40 hours of
                                                      that for the first time introduced the                  Pilot, Flight Instructor, and Pilot School             actual or simulated instrument time of which 15
                                                      term ‘‘aviation training device’’ into the              Certification Final Rule, 74 FR 42500 (August 21,      hours must have been with an authorized instructor
                                                      regulations and placed express limits on                2009) (‘‘2009 Final Rule’’). In response to the        who holds the appropriate instrument rating.
                                                                                                              commenters, the FAA changed the regulatory text          5 Under appendix C, each approved course for an
                                                      the amount of instrument time in an                     in the final rule to ‘‘aviation training device,’’     instrument rating must include 35 hours of
                                                      ATD that could be credited toward the                   noting BATDs and AATDs ‘‘as being aviation             instrument training for an initial instrument rating
                                                                                                              training devices (ATD) are defined’’ in an advisory    or 15 hours of instrument training for an additional
                                                        1 Section 61.4(c) states that the ‘‘Administrator     circular.                                              instrument rating.
                                                      may approve a device other than a flight simulator         3 ‘‘Notice of Policy Change for the Use of FAA        6 79 FR 71634, December 3, 2014, withdrawn at

                                                      or flight training device for specific purposes.’’      Approved Training Devices,’’ January 2, 2014.          80 FR 2001, January 15, 2015 (RIN 2120–AK62).



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                                                      34340                    Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                      ATD, a pilot can replay the training                    final rule, the FAA was required to                    learning because it seems so easy to
                                                      scenario, identify any improper action,                 withdraw the direct final rule, 80 FR                  recover from a botched maneuver.’’ The
                                                      practice abnormal/emergency                             2001, (Jan. 15, 2015). 14 CFR 11.13. The               commenter also asserted that resetting
                                                      procedures, and determine corrective                    comments and FAA’s responses are                       the situation diminishes the ‘‘routine’’
                                                      actions without undue hazard or risk to                 discussed below.                                       that a pilot relies on to take him or her
                                                      persons or property. In this fashion, a                    Comments supporting the direct final                to a specific place, which interferes
                                                      pilot can continue to practice tasks and                rule: Eighteen comments supported the                  greatly with the learning of each step.
                                                      maneuvers in a safe, effective, and cost                direct final rule provisions with 16                      The commenter also believed that no
                                                      efficient means of maintaining                          comments from individuals, and two                     amount of graphic imagery or display
                                                      proficiency.                                            from the Society of Aviation and Flight                setup, even in full motion simulators,
                                                                                                              Educators (SAFE) and the Aircraft                      ever causes a pilot to lose consciousness
                                                      II. The Direct Final Rule                               Owners and Pilots Association (AOPA).                  of the fact that it is a simulator. The
                                                         As described in the previous section,                   Nine commenters simply stated their                 commenter asserted that flight
                                                      to address the discrepancy between                      general support. Several other                         simulators are wonderful, but very
                                                      FAA regulations and prior policy, on                    commenters noted that use of ATDs                      limited devices. Instead of increasing a
                                                      December 3, 2014, the FAA published a                   would save pilots time and money. The                  pilot’s skill, however, they have come
                                                      direct final rule that would have                       FAA notes that none of those                           between real-world flying and desktop
                                                      increased the allowed use of ATDs. The                  commenters provided quantified                         flying. The commenter stated that they
                                                      FAA received 20 comments to the direct                  estimates regarding time or cost savings.              have increased reliance on screens and
                                                      final rule.7 The provisions of the direct                  One commenter asserted that the                     autopilots and diminished the pilot’s
                                                      final rule, the comments received, and                  ability to simulate a wide variety of                  sense of being in charge of the aircraft
                                                      FAA’s responses to those comments are                   situations or to drill procedures through              and the flight. Stalls, thunderstorms,
                                                      discussed below.                                        repetition in an ATD is far greater than               and icing are the greatest dangers, yet
                                                                                                              in the actual aircraft. The commenter                  ATDs cannot depict these accurately or
                                                      A. Credit for Aeronautical Experience                   believed that the ATD learning                         realistically.
                                                      Requirements for an Instrument Rating                   environment is less stressful, less noisy,                Finally, the commenter noted the
                                                      and Approved Instrument Rating                          and less unpredictable, thus making it a               belief that the industry at large always
                                                      Courses                                                 better classroom to learn detailed                     diminishes the importance of safety and
                                                         Credit for aeronautical experience                   instrument procedures.                                 increases the importance of costs
                                                      requirements for an instrument rating:                     Another commenter asserted that the                 whenever training requirements are
                                                      The direct final rule would have                        rule provisions would enhance safety by                considered. The commenter believed
                                                      increased the maximum time that may                     allowing more pilots to add instrument                 one hour in any aircraft is worth ten in
                                                      be credited in an ATD toward the                        ratings to their certificates. The                     front of an ATD. The commenter stated,
                                                      aeronautical experience requirements                    commenter believed that the rule                       ‘‘The cost of a lost aircraft and all its
                                                      for an instrument rating under                          provisions would potentially reduce                    crew is not worth the imagined savings
                                                      § 61.65(i). The direct final rule would                 controlled flight into terrain accidents               gained from flying imaginary aircraft in
                                                      have permitted a person to credit a                     because pilots would be more likely to                 imaginary environments.’’
                                                      maximum of 20 hours of aeronautical                     have a higher level of proficiency in                     The second commenter, who is or
                                                      experience acquired in an approved                      controlling solely by reference to the                 was, a flight instructor with an
                                                      ATD toward the requirements for an                      instruments.                                           instrument rating and an air traffic
                                                      instrument rating. Devices that qualify                    One commenter expressed a desire                    controller, questioned whether flight
                                                      as AATDs would have been authorized                     that the same principles applied to                    students should be trained and live in
                                                      for up to 20 hours of experience to meet                required instrument experience under                   an unrealistic world. The commenter
                                                      the instrument time requirements.                       14 CFR 61.57. The FAA notes that this                  believed that training in the classroom
                                                      Devices that qualify as BATDs would                     comment is beyond the scope of this                    environment and in labs was an
                                                      have been authorized for a maximum of                   rulemaking.                                            excellent preparatory environment, but
                                                                                                                 Adverse comments: The FAA received                  nothing like the realities of real life.
                                                      10 hours of experience to meet the
                                                                                                              two adverse comments regarding these                   While the commenter ‘‘highly
                                                      instrument time requirements.
                                                                                                              provisions. The first commenter, who                   recommend[ed]’’ the use of such
                                                         Approved instrument rating courses:
                                                                                                              indicated he is a professional pilot,                  devices, the commenter cautioned the
                                                      The direct final rule also would have
                                                                                                              airline transport pilot, and flight                    direct final rule included too much of a
                                                      amended appendix C to part 141 to
                                                                                                              instructor with multiple ratings                       reduction. The commenter advised:
                                                      increase the limit on the amount of
                                                                                                              (airplane multiengine, airplane single-                ‘‘Proceed with appropriate caution and
                                                      training hours that may be
                                                                                                              engine, and instrument-airplane),                      understand the risk involved.’’
                                                      accomplished in an ATD in an approved
                                                                                                              believed that flight requires the use and                 Public comments responding to the
                                                      course for an instrument rating. An ATD
                                                                                                              correlation of all senses in order to make             adverse comments: SAFE submitted a
                                                      would have been permitted to be used
                                                                                                              a lasting impression. The commenter                    comment in response to the first adverse
                                                      for no more than 40 percent of the total
                                                                                                              believed the fundamentals of instructing               comment received. SAFE noted that
                                                      flight training hour requirements in an
                                                                                                              agrees with this position. More                        microprocessor developments over the
                                                      approved instrument rating course.
                                                                                                              importantly, the commenter believed                    past several years have resulted in a
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                                                         Comments received: The FAA
                                                                                                              that acclimation to instrument                         new generation of increasingly
                                                      received 20 comments regarding these
                                                                                                              meteorological conditions helps pilots                 affordable mid and upper level devices
                                                      provisions. Eighteen comments
                                                                                                              relate these various inputs and strategies             which replicate sensory inputs with an
                                                      supported the provisions. However, two
                                                                                                              to deal with them. The commenter                       incredible degree of accuracy and which
                                                      commenters raised concerns. As those
                                                                                                              asserted that ATDs are valuable as                     are becoming commonplace in the
                                                      comments were adverse to the direct
                                                                                                              procedure trainers, but not as valuable                training market. SAFE stated that ATDs
                                                        7 The direct final rule and the comments received     as ‘‘everyone seems to think. The rapid                can provide the student with excellent
                                                      thereto may be found in FAA Docket No. FAA–             redeployment of a situation seems like                 opportunities to focus on learning the
                                                      2014–0987 at http://www.regulations.gov.                an advantage, yet it diminishes the                    correct procedures for situations such as


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                                                                               Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules                                                34341

                                                      nighttime operations, narrow or sloping                    To the extent that an adverse                       procedure or maneuver. This will allow
                                                      runways, glassy water, and instrument                   commenter asserted that flying must                    the pilot to practice the corrective action
                                                      meteorological conditions without                       involve a ‘‘correlation of all senses’’ and            until able to successfully complete the
                                                      interference from conflicting or adverse                that ‘‘sounds and feel are vital to                    procedure or maneuver. This feature
                                                      sensory inputs before being exposed to                  recognizing unusual attitudes’’ when                   allows repetitive practice of a difficult
                                                      them in the live flight environment                     other senses fail, the FAA disagrees                   procedure in a short period of time that
                                                      where confusion can occur between the                   concerning positive aircraft control                   could potentially add hours of training
                                                      body and the brain until training and                   skills and has provided extensive                      if accomplished in an aircraft.
                                                      experience overcome the sensory input.                  guidance on this topic in the Instrument               Additionally, simulation supports the
                                                         SAFE claimed that ‘‘Peer reviewed                    Flying Handbook (FAA–H–8083–15B).8                     long-endorsed teaching practice of
                                                      research conclusively shows that when                   In particular, the Handbook advises that               ‘‘meaningful repetition.’’ 10 More
                                                      properly utilized as part of a                          pilots should disregard sensory                        practice in an aviation training device
                                                      comprehensive training program                          perceptions and ‘‘[m]ost importantly,                  until a pilot performs a particular
                                                      [training] devices actually speed up the                become proficient in the use of the flight             segment of a procedure or action
                                                      learning process by allowing students to                instruments and rely upon them.’’ The                  correctly, before attempting the same in
                                                      bypass areas of successful                              Handbook further states ‘‘[t]hese                      an aircraft, is an acceptable and
                                                      understanding and to concentrate on                     undesirable sensations cannot be                       desirable practice. Because half of the
                                                      areas where more practice is required.                  completely prevented, but through                      required instrument time under part 61
                                                      . . . Specific research by the military                 training and awareness, pilots can                     (20 hours), or 60 percent of the total
                                                      and major airlines show that these                      ignore or suppress them by developing                  flight training hours under part 141 (21
                                                      devices can consistently enhance                        absolute reliance on the flight                        hours), would be accomplished in an
                                                      student retention of lesson material,                   instruments.’’ 9                                       aircraft, the necessary routine
                                                      increase student confidence levels, and                    The FAA believes that training in                   mentioned by the commenter will be
                                                      reduce accident and loss rates.’’ The                   ATDs and FSTDs, when used in                           provided during those lessons
                                                      FAA notes that SAFE did not provide                     conjunction with training in an aircraft,              performed while in flight.
                                                      sources for these claims.                               teach an instrument student to trust the                  In addition, the commenter stated that
                                                         SAFE further asserted that ATDs have                 appropriate sense, vision, in order to                 ‘‘[T]he consequences of training pilots
                                                      proven very effective in simulating                     successfully operate an aircraft in low                in ATDs is that they do not experience
                                                      certain emergencies too dangerous to                    visibility conditions. Training in an                  the fear that accompanies real-life
                                                      practice in the air. This practice builds               ATD reinforces this necessary skill and                emergencies, or the sensory inputs that
                                                      pilot confidence in being prepared to                   any reliance on ‘‘sounds or feel’’ may                 come with icing and thunderstorm
                                                                                                              ultimately lead to loss of control when                contact.’’ The FAA does not support
                                                      handle such situations should they
                                                                                                              operating an aircraft in instrument                    flight training that involves intentional
                                                      occur. SAFE also asserted that current
                                                                                                              meteorological conditions. Because                     flight into dangerous weather
                                                      military and civilian research shows a
                                                                                                              ignoring the postural senses involves                  conditions. Rather, the FAA expects
                                                      positive relationship between ATD use
                                                                                                              relying on visual clues, the ATD                       pilots to purposely avoid icing 11 and
                                                      and safer flying. SAFE did not provide
                                                                                                              provides an excellent platform for a                   thunderstorm conditions 12 and be
                                                      research or source citations to support
                                                                                                              pilot to develop this portion of his or                taught to be proficient at doing so. In
                                                      these assertions.
                                                                                                              her instrument flying skills. The FAA                  contrast, ATDs allow training to
                                                         Finally, SAFE noted that one of the                                                                         simulate inadvertent flight into these
                                                      key factors in today’s extreme dropout                  recognizes that a device does not require
                                                                                                              motion in order to be approved as an                   adverse conditions that cannot be
                                                      rate in flight training is the ‘‘very high                                                                     accomplished safely in an aircraft. In an
                                                      cost.’’ SAFE stated ‘‘[W]e must find a                  AATD; thus, these devices are limited in
                                                                                                              that they cannot completely train the                  ATD, students are afforded an
                                                      way to contain the training costs                                                                              opportunity to practice recommended
                                                      without sacrificing safety or operation                 pilot to ignore outside sensory
                                                                                                              perceptions. The FAA finds that a pilot                actions when encountering these
                                                      utility. ATDs, properly utilized, are a                                                                        undesirable weather conditions without
                                                      modern component in achieving this.’’                   can develop this ability during the
                                                                                                              aeronautical experience that an                        risk. There are many emergency
                                                         AOPA also supported the rule with                                                                           procedures that can be practiced in
                                                      the following statement and stated that                 applicant for an instrument rating must
                                                                                                              obtain in an aircraft.                                 ATDs that cannot be safely
                                                      the FAA should ‘‘continue to permit the                                                                        accomplished in the aircraft. This
                                                      flight training industry to maximize the                   The same commenter also discussed
                                                                                                              the capability of an aviation training                 allows for training that students would
                                                      use of aviation training devices (ATDs)                                                                        not otherwise receive and provides the
                                                      for instrument flight training in order to              device to ‘‘[reset] the situation.’’ The
                                                                                                              commenter suggested that this                          appropriate mitigation of risk without
                                                      certificate safe competent pilots in a                                                                         diminishing the quality or depth of
                                                      structured and economical way.’’ AOPA                   capability makes it too easy to recover
                                                                                                              from an unsatisfactory maneuver by                     training.
                                                      also provided discussion concerning the                                                                           Finally, the commenter stated that
                                                      adverse comments received and                           simply returning to a previous location
                                                                                                              during the simulated flight. The                       ‘‘[f]light simulators are wonderful, but
                                                      suggested why they should be                                                                                   very limited devices,’’ asserting that
                                                      considered without substance and not                    commenter explained that this
                                                                                                                                                                     simulators have increased reliance on
                                                      adverse within the context of the direct                diminishes the routine that a pilot relies
                                                                                                                                                                     screens and autopilots and diminish the
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                                                      final rulemaking process.                               on during flight. The FAA does not
                                                                                                                                                                     pilot’s sense of being in charge. The
                                                                                                              agree and finds significant value in the
                                                         FAA Response: The FAA agrees with                                                                           commenter disapproved of instructors
                                                                                                              ability of the device to be reconfigured
                                                      the commenters who support increased                                                                           relying less on real world experience
                                                                                                              to return to a point at which the pilot
                                                      training time in ATDs, including the
                                                                                                              is having difficulty with a particular
                                                      comments related to the dynamic                                                                                  10 FAA–H–8083–9A Flight Instructors Handbook

                                                      training capability of these devices, cost                                                                     pg. 2–35.
                                                                                                                8 http://www.faa.gov/regulations_policies/             11 AC 91–74A Pilot Guide: Flight in Icing
                                                      savings, and recent technical                           handbooks_manuals/aviation/.                           Conditions, Pilot Strategies pg. 42.
                                                      advancements that enhance the                             9 FAA–H–8083–15B Instrument Flying Handbook            12 AIM Aeronautical Information Manual 7–1–29

                                                      usability of ATDs.                                      updated 7/2/2014 pg. 3–9.                              Thunderstorm Flying.



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                                                      34342                    Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                      and that the industry at large puts costs               Training,’’ 16 referenced the use of an                 effectively than in the past. Therefore,
                                                      before safety. The FAA believes that                    Elite PCATD and a Frasca 141 Level 1                    the FAA considers the results of these
                                                      these comments reflect the commenter’s                  FTD. Students using these two trainers                  findings somewhat inapplicable and, for
                                                      concern about automation and advanced                   generally completed their flight lessons                the reasons described above, believes
                                                      avionics versus concern about                           (i.e., those accomplished in an aircraft)               that the proposed regulatory change is
                                                      simulators. Despite the commenter’s                     in less time. The overall findings                      still in the best interest of aviation
                                                      concern over automation and advanced                    reported that flight training hours                     safety. The FAA seeks comment
                                                      avionics, the FAA recognizes that use of                required to develop basic instrument                    regarding any additional relevant data
                                                      these systems has become commonplace                    flying skills (the report referenced                    or institutional research that supports
                                                      in general aviation aircraft. It is                     aircraft control, instrument departures,                the training and safety advantages when
                                                      therefore beneficial to teach the use of                en-route and approach procedures) was                   using ATDs, or establishes that such
                                                      these advanced systems in ATDs to                       reduced. Training hours required to                     devices do not enhance pilot training
                                                      supplement training in the aircraft.                    develop advanced skills, such as NDB                    and flight safety.
                                                                                                              holds, approaches, and partial panel                       As of January 1, 2015, all LOAs issued
                                                         The second commenter provided                        procedures, were not necessarily                        prior to August 23, 2013, for training
                                                      some support for the use of ATDs,                       reduced. However, cross country flight                  devices approved to meet requirements
                                                      noting for example that the cockpit is                  training time was reduced by up to 50                   under parts 61 and 141 terminated.19
                                                      not a suitable classroom in which to                    percent for some of these same                          This means that experience obtained in
                                                      teach. The commenter also expressed                     individuals.                                            these devices may no longer be credited
                                                      concerns that are not specific to ATDs,                    The second research paper, ‘‘Transfer                toward aeronautical experience or
                                                      such as communication skills, not                       of Training Effectiveness of Personal                   currency requirements in parts 61 and
                                                      directly pertinent to the direct final rule             Computer-Based Aviation Training                        141 unless the FAA has issued an
                                                      or to this proposed rule. However, the                  Devices,’’ 17 published in May 1997,                    updated LOA. Therefore, any FAA-
                                                      commenter discussed whether training                    discusses the use of a PCATD trainer for                approved ATDs being used to meet
                                                      flight students in an unrealistic world is              a two-semester instrument course.                       current aeronautical experience
                                                      appropriate.                                            Trainees that used the training device                  requirements have been demonstrated to
                                                         The FAA believes that ATDs are                       were able to develop the proficiency to                 meet the updated standards for AATDs
                                                      specifically designed to replicate the                  perform some exercises in the aircraft                  set forth in AC 61–136 (as amended).
                                                      real world and help pilots to develop                   with a flight time savings of 15 percent                Devices that were approved beginning
                                                      their instrument skills in advance of                   to 40 percent relative to those that did                August 23, 2013, were issued an LOA
                                                      receiving training and experience in an                 not use the training device. However,                   with a 5-year expiration date. This will
                                                      aircraft.13 The concerns raised by both                 for some other exercises, a burden of an                ensure that the type of device meets
                                                      commenters are mitigated by the fact                    extra 25 percent in flight time resulted                acceptable standards for use in crediting
                                                      that a substantial portion of the required              for those students that used the training               aeronautical experience and currency.
                                                      instrument time would still be                          device.                                                 Devices that do not meet the standard
                                                      accomplished in an aircraft. Instrument                    The FAA believes that these earlier                  for an AATD will either be issued an
                                                      rating applicants would need to obtain                  studies are largely incomplete because                  LOA that approves the device as a
                                                      a minimum of 20 hours of instrument                     the training devices used in the                        BATD (with lower time crediting
                                                      time in an aircraft under part 61 or                    aforementioned studies do not reflect                   allowances as described in AC 61–136)
                                                      complete a minimum of 60 percent of                     the current capabilities and standards 18               or will simply not be issued an LOA in
                                                      the training requirements in an aircraft                required for AATDs as the FAA                           which case the device can be used as a
                                                      under part 141.14 Additional scrutiny of                approves them today. Most of these                      training aid, but not credited for
                                                      the pilot’s proficiency occurs before an                older devices utilized in the available                 aeronautical experience.
                                                      FAA examiner during a practical test                    studies lack the sophistication now                        In addition, current ATD approval
                                                      which must be conducted in an aircraft                  facilitated by more readily available                   and use involves substantial FAA
                                                      in the national airspace system. The                    advanced computer system software and                   scrutiny and oversight as provided in
                                                      FAA specifically notes that the airman                  hardware, including improved visuals/                   the recently revised AC 61–136A, FAA
                                                      instrument practical test requires                      databases, and the increased system                     Approval of Aviation Training Devices
                                                      demonstration of a specific level of                    fidelity and replication that these newer               and Their Use for Training and
                                                      proficiency and expertise in flight, and                training systems take advantage of                      Experience. As noted above, this
                                                      airman testing in ATDs is not                           today. The FAA also notes that with the                 includes a review for renewal of
                                                      permitted.15                                            increased implementation of scenario-                   approvals every five years, confirming
                                                                                                              based training, ATDs are used more                      that these training devices continue to
                                                         Recently documented research
                                                                                                                                                                      perform to the updated standards. This
                                                      concerning training effectiveness in                      16 Taylor, H.L., Talleur, D.A., Emanuel Jr., T.W.,
                                                                                                                                                                      review is based on standards and
                                                      simulation devices that reflect modern                  Rantaner, E., ‘‘Effectiveness of Flight Training
                                                                                                                                                                      practices that combine over 30 years of
                                                      ATD systems is limited. The FAA notes                   Devices Used for Instrument Training,’’ Final
                                                                                                              Technical Report AHFD–05–9/FAA–05–4, Federal            experience between the FAA and
                                                      two studies related to ATDs that were
                                                                                                              Aviation Administration, May 2005. A copy of this       industry.
                                                      done in the past 20 years. The first                    document has been placed in the docket for this
                                                      paper published in May of 2005 titled                   rulemaking.                                             B. View-Limiting Devices
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                                                      ‘‘Effectiveness of Flight Training                        17 Taylor, H.L., Lintern, G., Hulin, C.L., Talleur,
                                                                                                                                                                        Under § 61.51(g), a person may log
                                                      Devices Used for Instrument                             D., Emanuel, T., Phillips, S., ‘‘Transfer of Training
                                                                                                              Effectiveness of Personal Computer-Based Aviation       instrument time only for that flight time
                                                                                                              Training Devices,’’ DOT/FAA/AM–97/11, Office of         when the person operates an aircraft
                                                        13 AC 61–136A, FAA Approval of Aviation
                                                                                                              Aviation Medicine, Washington, DC, May 1997. A          solely by reference to the instruments
                                                      Training Devices and Their Use for Training and         copy of this document has been placed in the
                                                      Experience.                                             docket for this rulemaking.
                                                                                                                                                                      under actual or simulated conditions.
                                                        14 An exception would still exist for those courses     18 AC 61–136 first published in July 2008             When instrument time is logged in an
                                                      that are approved under 14 CFR 141.55(d) and (e).       provided the standards used today for the approval
                                                        15 FAA–S–8081–4E, Instrument Rating Practical         and use of ATD’s. This was recently revised in            19 79 FR 20, Notice of Policy Change for the Use

                                                      Test Standards, Appendix 1.                             December 2014.                                          of FAA Approved Training Devices.



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                                                                               Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules                                          34343

                                                      aircraft, a pilot wears a view-limiting                 the requirement for a student to wear a                the current provisions in appendix C
                                                      device to simulate instrument                           view-limiting device while using an                    which limit credit for training in FFSs,
                                                      conditions and ensure that he or she is                 ATD is a sensible decision. The                        FTDs, and ATDs, that if used in
                                                      flying without utilizing outside visual                 commenter believed that there is much                  combination, cannot exceed 50 percent
                                                      references. Currently, § 61.65(i) requires              more benefit to be gained by the view                  of the total flight training hour
                                                      a pilot who is logging instrument time                  limiting features of the ATD itself than               requirements of an instrument rating
                                                      in an ATD to wear a view-limiting                       by a view-limiting piece of headgear.                  course.
                                                      device. The direct final rule would have                   FAA Response: The FAA agrees that                     In addition, the FAA is proposing to
                                                      revised § 61.65(i)(4) to eliminate the                  it is unnecessary for a student to wear                amend § 141.41 to clarify the existing
                                                      requirement that pilots accomplishing                   a view-limiting device when using an                   qualification and approval requirement
                                                      instrument time in an ATD wear a view-                  ATD. The FAA finds that this                           for FSTDs and to add the qualification
                                                      limiting device.                                        requirement is not necessary because                   and approval of ATDs by the FAA,
                                                         The purpose of a view-limiting device                ATDs do not afford relevant outside                    which is currently conducted pursuant
                                                      is to prevent a pilot (while training in                references.                                            to § 61.4(c).
                                                      an aircraft during flight) from having
                                                                                                              III. The Proposed Rule                                 C. View-Limiting Device
                                                      outside visual references that would
                                                      naturally be present otherwise. These                      After consideration of the comments                   The FAA is proposing to revise
                                                      references are not available in a training              received to the direct final rule, the FAA             § 61.65(i)(4) to eliminate the
                                                      device and a pilot has no opportunity to                is proposing the following changes to 14               requirement that pilots accomplishing
                                                      look outside for any useful visual                      CFR parts 61 and 141. These changes                    instrument time in an ATD wear a view-
                                                      references pertaining to the simulation.                are the same as in the direct final rule,              limiting device. The FAA emphasizes,
                                                      The FAA recognizes that the majority of                 79 FR 71634, (Dec. 3, 2014), withdrawn                 however, that a pilot—whether in an
                                                      these devices have a simulated visual                   at 80 FR 2001, (Jan. 15, 2015).                        aircraft, FFS, FTD, or ATD—may log
                                                      display that can be configured to be                    A. Credit for the Aeronautical                         instrument time only when the pilot is
                                                      unavailable or represent ‘‘limited                      Experience Requirements for an                         operating solely by reference to the
                                                      visibility’’ conditions that preclude any               Instrument Rating                                      instruments under actual or simulated
                                                      need for a view-limiting device to be                                                                          conditions. If a pilot is using an ATD
                                                                                                                The FAA is proposing to increase the
                                                      worn by the student. This lack of visual                                                                       and the device is providing visual
                                                                                                              maximum time that may be credited in
                                                      references requires the pilot to give his                                                                      references upon which the pilot is
                                                                                                              an ATD toward the instrument time
                                                      or her full attention to the flight                                                                            relying, this would not constitute
                                                                                                              requirements for an instrument rating
                                                      instruments which is the goal of any                                                                           instrument time under § 61.51(g).
                                                                                                              under § 61.65(i). A person would be
                                                      instrument training or experience. The
                                                                                                              permitted to credit a maximum of 20                    IV. Advisory Circulars and Other
                                                      FAA believes that using a training
                                                                                                              hours of instrument time in an approved                Guidance Materials
                                                      device can be useful because it trains                  ATD toward the requirements for an
                                                      the pilot to focus on, appropriately scan               instrument rating.21 Devices that qualify                To further implement this rule, the
                                                      and interpret the flight instruments.                   as AATDs would be authorized for up                    FAA is proposing to revise the following
                                                      Since these devices incorporate a visual                to 20 hours of instrument time. Devices                FAA Order:
                                                      system that can be configured to the                    that qualify as BATDs would be                           FAA Order 8900.1, Flight Standards
                                                      desired visibility level, use of a view-                authorized for a maximum of 10 hours                   Information Management System,
                                                      limiting device would have no longer                    of instrument time. In light of this                   Volume 11, Chapter 10, Section 1,
                                                      been required by the direct final rule.                 difference, pilots must—as required by                 (Basic and Advanced Aviation Training
                                                         When the FAA introduced                              current regulations—include in their                   Device) Approval and Authorized Use
                                                      § 61.65(i)(4) requiring view-limiting                   logbooks the type and identification of                under 14 CFR parts 61 and 141.
                                                      devices in the 2009 final rule, the                     any ATD that is used to accomplish
                                                      preamble was silent as to why a view-                                                                          V. Regulatory Notices and Analyses
                                                                                                              aeronautical experience requirements
                                                      limiting device was necessary. 74 FR                    for a certificate, rating, or recent flight            A. Regulatory Evaluation
                                                      42500, 42523. Based on comments from                    experience. 14 CFR 61.51(b)(1)(iv). The                  Changes to Federal regulations must
                                                      industry, the FAA has determined that                   FAA is retaining the existing limit of 20              undergo several economic analyses.
                                                      due to the sophistication of the flight                 hours of combined time in FFSs, FTDs,                  First, Executive Order 12866 and
                                                      visual representation for ATDs and the                  and ATDs that may be credited towards                  Executive Order 13563 direct that each
                                                      capability of presenting various weather                the aeronautical experience                            Federal agency shall propose or adopt a
                                                      conditions appropriate to the training                  requirements for an instrument rating.                 regulation only upon a reasoned
                                                      scenario, a view-limiting device is
                                                                                                              B. Approved Instrument Rating Courses                  determination that the benefits of the
                                                      unnecessary. Because persons operating
                                                                                                                                                                     intended regulation justify its costs.
                                                      an ATD can simulate both instrument                        The FAA is also proposing to amend                  Second, the Regulatory Flexibility Act
                                                      and visual conditions, FAA LOAs                         appendix C to part 141 to increase the                 of 1980 (Public Law 96–354) requires
                                                      specifically reference § 61.51 that                     limit on the amount of training hours                  agencies to analyze the economic
                                                      stipulates a pilot can only log                         that may be accomplished in an ATD in                  impact of regulatory changes on small
                                                      instrument time when using the flight                   an approved course for an instrument                   entities. Third, the Trade Agreements
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                                                      instruments for reference and                           rating. An ATD could be used for no                    Act (Public Law 96–39) prohibits
                                                      operation.20                                            more than 40 percent of the total flight               agencies from setting standards that
                                                         Comments received: The FAA                           training hour requirements in an                       create unnecessary obstacles to the
                                                      received one comment in response to                     instrument rating course. The FAA                      foreign commerce of the United States.
                                                      this provision in the direct final rule.                notes that this rule would not change                  In developing U.S. standards, this Trade
                                                      The commenter believed that removing
                                                                                                                21 As required under § 61.51(g)(4), to log
                                                                                                                                                                     Act requires agencies to consider
                                                        20 AC 61–136A Appendix 4, Training Content and        instrument time in an ATD for the purpose of a
                                                                                                                                                                     international standards and, where
                                                      Logging Provisions references limitations for           certificate or rating, an authorized instructor must   appropriate, that they be the basis of
                                                      logging instrument time.                                be present.                                            U.S. standards. Fourth, the Unfunded


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                                                      34344                    Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                      Mandates Reform Act of 1995 (Public                     voluntary rule if just one person                      significant economic impact on a
                                                      Law 104–4) requires agencies to prepare                 voluntarily complies.                                  substantial number of small entities, the
                                                      a written assessment of the costs,                         Since this proposed rule would offer                head of the agency may so certify under
                                                      benefits, and other effects of proposed                 a lower cost alternative, would provide                section 605(b) of the RFA. Therefore, as
                                                      or final rules that include a Federal                   regulatory relief for the use of view-                 provided in section 605(b), the head of
                                                      mandate likely to result in the                         limiting devices, and would allow                      the FAA certifies that this rulemaking
                                                      expenditure by State, local, or tribal                  greater voluntary use of ATDs, the                     would not result in a significant
                                                      governments, in the aggregate, or by the                expected outcome would be cost                         economic impact on a substantial
                                                      private sector, of $100 million or more                 relieving to minimal impact with                       number of small entities.
                                                      annually (adjusted for inflation with                   positive net benefits.
                                                      base year of 1995). This portion of the                                                                        C. International Trade Impact
                                                                                                              B. Regulatory Flexibility Determination                Assessment
                                                      preamble summarizes the FAA’s
                                                      analysis of the economic impacts of this                   The Regulatory Flexibility Act of 1980                 The Trade Agreements Act of 1979
                                                      notice of proposed rulemaking.                          (Public Law 96–354) (RFA) establishes                  (Public Law 96–39), as amended by the
                                                         In conducting these analyses, FAA                    ‘‘as a principle of regulatory issuance                Uruguay Round Agreements Act (Public
                                                      has determined that this proposed rule:                 that agencies shall endeavor, consistent               Law 103–465), prohibits Federal
                                                      (1) Has benefits that justify its costs; (2)            with the objectives of the rule and of                 agencies from establishing standards or
                                                      is not an economically ‘‘significant                    applicable statutes, to fit regulatory and             engaging in related activities that create
                                                      regulatory action’’ as defined in section               informational requirements to the scale                unnecessary obstacles to the foreign
                                                      3(f) of Executive Order 12866; (3) is not               of the businesses, organizations, and                  commerce of the United States.
                                                      ‘‘significant’’ as defined in DOT’s                     governmental jurisdictions subject to                  Pursuant to these Acts, the
                                                      Regulatory Policies and Procedures; (4)                 regulation. To achieve this principle,                 establishment of standards is not
                                                      would not have a significant economic                   agencies are required to solicit and
                                                                                                                                                                     considered an unnecessary obstacle to
                                                      impact on a substantial number of small                 consider flexible regulatory proposals
                                                                                                                                                                     the foreign commerce of the United
                                                      entities; (5) would not create                          and to explain the rationale for their
                                                                                                                                                                     States, so long as the standard has a
                                                      unnecessary obstacles to the foreign                    actions to assure that such proposals are
                                                                                                                                                                     legitimate domestic objective, such as
                                                      commerce of the United States; and (6)                  given serious consideration.’’ The RFA
                                                                                                                                                                     the protection of safety, and does not
                                                      would not impose an unfunded                            covers a wide-range of small entities,
                                                                                                                                                                     operate in a manner that excludes
                                                      mandate on State, local, or tribal                      including small businesses, not-for-
                                                                                                                                                                     imports that meet this objective. The
                                                      governments, or on the private sector by                profit organizations, and small
                                                                                                                                                                     statute also requires consideration of
                                                      exceeding the threshold identified                      governmental jurisdictions.
                                                                                                                 Agencies must perform a review to                   international standards and, where
                                                      above. These analyses are summarized                                                                           appropriate, that they be the basis for
                                                      below.                                                  determine whether a rule will have a
                                                                                                              significant economic impact on a                       U.S. standards.
                                                         Department of Transportation DOT
                                                      Order 2100.5 prescribes policies and                    substantial number of small entities. If                  The FAA has assessed the potential
                                                      procedures for simplification, analysis,                the agency determines that it will, the                effect of this proposed rule and
                                                      and review of regulations. If the                       agency must prepare a regulatory                       determined that it would have only a
                                                      expected cost impact is so minimal that                 flexibility analysis as described in the               domestic impact and therefore would
                                                      a proposed or final rule does not                       RFA.                                                   not create unnecessary obstacles to the
                                                      warrant a full evaluation, this order                      However, if an agency determines that               foreign commerce of the United States.
                                                      permits that a statement to that effect                 a rule is not expected to have a                       D. Unfunded Mandates Assessment
                                                      and the basis for it be included in the                 significant economic impact on a
                                                      preamble if a full regulatory evaluation                substantial number of small entities,                     Title II of the Unfunded Mandates
                                                      of the costs and benefits is not prepared.              section 605(b) of the RFA provides that                Reform Act of 1995 (Public Law 104–4)
                                                      Such a determination has been made for                  the head of the agency may so certify                  requires each Federal agency to prepare
                                                      this notice of proposed rulemaking. The                 and a regulatory flexibility analysis is               a written statement assessing the effects
                                                      reasoning for this determination                        not required. The certification must                   of any Federal mandate in a proposed or
                                                      follows:                                                include a statement providing the                      final agency rule that may result in an
                                                         The provisions included in this rule                 factual basis for this determination, and              expenditure of $100 million or more (in
                                                      are either relieving or voluntary. The                  the reasoning should be clear.                         1995 dollars) in any one year by State,
                                                      elimination of the requirement to use a                    Most of the parties affected by this                local, and tribal governments, in the
                                                      view-limiting device is a relieving                     rule would be small businesses such as                 aggregate, or by the private sector; such
                                                      provision. The other two provisions are                 flight instructors, aviation schools, and              a mandate is deemed to be a ‘‘significant
                                                      voluntary and cost relieving—additional                 fixed base operators. The general lack of              regulatory action.’’ The FAA currently
                                                      ATD credit for instrument time for an                   publicly available financial information               uses an inflation-adjusted value of
                                                      instrument rating and additional ATD                    from these small businesses precludes a                $151.0 million in lieu of $100 million.
                                                      credit for approved instrument courses,                 financial analysis of these small                         This proposed rule does not contain
                                                      if acted upon, is cheaper than flight                   businesses. While there is likely a                    such a mandate. Therefore, the
                                                      training time.                                          substantial number of small entities                   requirements of Title II of the Act do not
                                                         Persons who use the new provisions                   affected, the provisions of this proposed              apply.
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                                                      would do so only if the benefit they                    rule are either relieving (directly                    E. Paperwork Reduction Act
                                                      would accrue from their use exceeded                    provides cost relief) or voluntary
                                                      the costs they might incur to comply.                   (provides benefits or costs only if a                    The Paperwork Reduction Act of 1995
                                                      Given the hundreds of LOAs issued,                      person voluntarily chooses to use the                  (44 U.S.C. 3507(d)) requires that the
                                                      industry’s high usage of ATDs, and                      rule provision). The FAA made the                      FAA consider the impact of paperwork
                                                      SAFE and AOPA’s endorsement of                          same determination as part of the direct               and other information collection
                                                      ATDs, the proposed change in                            final rule and received no comments.                   burdens imposed on the public. The
                                                      requirements is likely to be relieving.                    If an agency determines that a                      FAA has determined that there is no
                                                      Benefits will exceed the costs of a                     rulemaking will not result in a                        new requirement for information


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                                                                               Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules                                               34345

                                                      collection associated with this proposed                environmental, and other issues and to                 B. Availability of Rulemaking
                                                      rule.                                                   reduce, eliminate, or prevent                          Documents
                                                                                                              unnecessary differences in regulatory                    An electronic copy of rulemaking
                                                      F. International Compatibility and
                                                                                                              requirements. The FAA has analyzed                     documents may be obtained from the
                                                      Cooperation
                                                                                                              this action under the policies and                     Internet by—
                                                        In keeping with U.S. obligations                      agency responsibilities of Executive                     • Searching the Federal eRulemaking
                                                      under the Convention on International                   Order 13609, and has determined that                   Portal (http://www.regulations.gov);
                                                      Civil Aviation, it is FAA policy to                     this action would have no effect on                      • Visiting the FAA’s Regulations and
                                                      conform to International Civil Aviation                 international regulatory cooperation.                  Policies Web page at http://
                                                      Organization (ICAO) Standards and                                                                              www.faa.gov/regulations_policies, or
                                                      Recommended Practices to the                            VII. Additional Information
                                                                                                                                                                       • Accessing the Government Printing
                                                      maximum extent practicable. The FAA                     A. Comments Invited                                    Office’s Web page at http://
                                                      has reviewed the corresponding ICAO                                                                            www.fdsys.gov.
                                                      Standards and Recommended Practices                        The FAA invites interested persons to                 Copies may also be obtained by
                                                      and has identified no differences with                  participate in this rulemaking by                      sending a request to the Federal
                                                      these regulations.                                      submitting written comments, data, or                  Aviation Administration, Office of
                                                                                                              views. The agency also invites                         Rulemaking, ARM–1, 800 Independence
                                                      G. Environmental Analysis                               comments relating to the economic,                     Avenue SW., Washington, DC 20591, or
                                                         FAA Order 1050.1E identifies FAA                     environmental, energy, or federalism                   by calling (202) 267–9677. Commenters
                                                      actions that are categorically excluded                 impacts that might result from adopting                must identify the docket or notice
                                                      from preparation of an environmental                    this document. The most helpful                        number of this rulemaking.
                                                      assessment or environmental impact                      comments reference a specific portion of                 All documents the FAA considered in
                                                      statement under the National                            the rule, explain the reason for any                   developing this proposed rule,
                                                      Environmental Policy Act in the                         recommended change, and include                        including economic analyses and
                                                      absence of extraordinary circumstances.                 supporting data. To ensure the docket                  technical reports, may be accessed from
                                                      The FAA has determined this                             does not contain duplicate comments,                   the Internet through the Federal
                                                      rulemaking action qualifies for the                     commenters should send only one copy                   eRulemaking Portal referenced above.
                                                      categorical exclusion identified in                     of written comments, or if comments are
                                                      paragraph 312f and involves no                          filed electronically, commenters should                List of Subjects
                                                      extraordinary circumstances.                            submit only one time.                                  14 CFR Part 61
                                                      VI. Executive Order Determinations                         The FAA will file in the docket all                   Aircraft, Airmen, Aviation safety,
                                                                                                              comments it receives, as well as a report              Teachers.
                                                      A. Executive Order 13132, Federalism
                                                                                                              summarizing each substantive public
                                                        The FAA has analyzed this rule under                  contact with FAA personnel concerning                  14 CFR Part 141
                                                      the principles and criteria of Executive                this rulemaking. Before acting on this                   Airmen, Educational facilities,
                                                      Order 13132, Federalism. The agency                     proposed rule, the FAA will consider all               Reporting and recordkeeping
                                                      has determined that this action would                   comments it receives on or before the                  requirements, Schools.
                                                      not have a substantial direct effect on                 closing date for comments. The agency
                                                      the States, or the relationship between                 may change this rule in light of the                   The Proposed Amendment
                                                      the Federal Government and the States,                  comments it receives.                                    In consideration of the foregoing, the
                                                      or on the distribution of power and                        Proprietary or Confidential Business                Federal Aviation Administration
                                                      responsibilities among the various                      Information: Commenters should not                     proposes to amend chapter I of title 14,
                                                      levels of government, and, therefore,                   file proprietary or confidential business              Code of Federal Regulations as follows:
                                                      would not have Federalism                               information in the docket. Such
                                                      implications.                                           information must be sent or delivered                  PART 61—CERTIFICATION: PILOTS,
                                                                                                              directly to the person identified in the               FLIGHT INSTRUCTORS, AND GROUND
                                                      B. Executive Order 13211, Regulations
                                                                                                                                                                     INSTRUCTORS
                                                      That Significantly Affect Energy Supply,                FOR FURTHER INFORMATION CONTACT
                                                      Distribution, or Use                                    section of this document, and marked as                ■ 1. The authority citation for part 61
                                                         The FAA analyzed this rule under                     proprietary or confidential. If submitting             continues to read as follows:
                                                      Executive Order 13211, Actions                          information on a disk or CD ROM, mark
                                                                                                                                                                       Authority: 49 U.S.C. 106(f), 106(g), 40113,
                                                      Concerning Regulations that                             the outside of the disk or CD ROM, and
                                                                                                                                                                     44701–44703, 44707, 44709–44711, 45102–
                                                      Significantly Affect Energy Supply,                     identify electronically within the disk or             45103, 45301–45302.
                                                      Distribution, or Use (May 18, 2001). The                CD ROM the specific information that is
                                                                                                              proprietary or confidential.                           ■ 2. Amend § 61.65 by revising
                                                      agency has determined that it would not                                                                        paragraph (i) and adding paragraph (j) to
                                                      be a ‘‘significant energy action’’ under                   Under 14 CFR 11.35(b), if the FAA is
                                                                                                                                                                     read as follows:
                                                      the executive order and would not be                    aware of proprietary information filed
                                                      likely to have a significant adverse effect             with a comment, the agency does not                    § 61.65   Instrument rating requirements.
                                                      on the supply, distribution, or use of                  place it in the docket. It is held in a                *     *     *    *     *
                                                      energy.                                                 separate file to which the public does                   (i) Use of an aviation training device.
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                                                                                                              not have access, and the FAA places a                  A maximum of 20 hours of instrument
                                                      C. Executive Order 13609, Promoting                     note in the docket that it has received                time received in an aviation training
                                                      International Regulatory Cooperation                    it. If the FAA receives a request to                   device may be credited for the
                                                        Executive Order 13609, Promoting                      examine or copy this information, it                   instrument time requirements of this
                                                      International Regulatory Cooperation,                   treats it as any other request under the               section if—
                                                      (77 FR 26413, May 4, 2012) promotes                     Freedom of Information Act (5 U.S.C.                     (1) The device is approved and
                                                      international regulatory cooperation to                 552). The FAA processes such a request                 authorized by the FAA;
                                                      meet shared challenges involving                        under Department of Transportation                       (2) An authorized instructor provides
                                                      health, safety, labor, security,                        procedures found in 49 CFR part 7.                     the instrument time in the device; and


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                                                      34346                    Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Proposed Rules

                                                         (3) The FAA approved the instrument                     (2) Credit for training in a flight simulator       ADDRESSES:   Send comments identified
                                                      training and instrument tasks performed                 that meets the requirements of § 141.41(a)             by docket number FAA–2015–2147
                                                      in the device.                                          cannot exceed 50 percent of the total flight           using any of the following methods:
                                                         (j) A person may not credit more than                training hour requirements of the course or              • Federal eRulemaking Portal: Go to
                                                                                                              of this section, whichever is less.
                                                      20 total hours of instrument time in a                     (3) Credit for training in a flight training
                                                                                                                                                                     http://www.regulations.gov and follow
                                                      flight simulator, flight training device,               device that meets the requirements of                  the online instructions for sending your
                                                      aviation training device, or combination                § 141.41(a), an aviation training device that          comments electronically.
                                                      toward the instrument time                              meets the requirements of § 141.41(b), or a              • Mail: Send comments to Docket
                                                      requirements of this section.                           combination of these devices cannot exceed             Operations, M–30; U.S. Department of
                                                                                                              40 percent of the total flight training hour           Transportation (DOT), 1200 New Jersey
                                                      PART 141—PILOT SCHOOLS                                  requirements of the course or of this section,         Avenue SE., Room W12–140, West
                                                                                                              whichever is less.                                     Building Ground Floor, Washington, DC
                                                      ■ 3. The authority citation for part 141                   (4) Credit for training in flight simulators,
                                                      continues to read as follows:                                                                                  20590–0001.
                                                                                                              flight training devices, and aviation training
                                                                                                              devices if used in combination, cannot
                                                                                                                                                                       • Hand Delivery or Courier: Take
                                                        Authority: 49 U.S.C. 106(f), 106(g), 40113,                                                                  comments to Docket Operations in
                                                      44701–44703, 44707, 44709, 44711, 45102–                exceed 50 percent of the total flight training
                                                                                                              hour requirements of the course or of this             Room W12–140 of the West Building
                                                      45103, 45301–45302.
                                                                                                              section, whichever is less. However, credit            Ground Floor at 1200 New Jersey
                                                      ■   4. Revise § 141.41 to read as follows:              for training in a flight training device or            Avenue SE., Washington, DC, between 9
                                                                                                              aviation training device cannot exceed the             a.m. and 5 p.m., Monday through
                                                      § 141.41 Flight simulators, flight training             limitation provided for in paragraph (b)(3) of
                                                      devices, aviation training devices, and
                                                                                                                                                                     Friday, except Federal holidays.
                                                      training aids.
                                                                                                              this section.                                            • Fax: Fax comments to Docket
                                                                                                              *      *      *       *      *                         Operations at 202–493–2251.
                                                         An applicant for a pilot school
                                                                                                                Issued in Washington, DC, under the                    Privacy: In accordance with 5 U.S.C.
                                                      certificate or a provisional pilot school
                                                                                                              authority of 49 U.S.C. 106(f), 44701(a)(5), and        553(c), DOT solicits comments from the
                                                      certificate must show that its flight
                                                                                                              44703(a), on June 10, 2015.                            public to better inform its rulemaking
                                                      simulators, flight training devices,
                                                                                                              Michael J. Zenkovich,                                  process. DOT posts these comments,
                                                      aviation training devices, training aids,
                                                                                                              Acting Director Flight Standards Service.              without edit, including any personal
                                                      and equipment meet the following
                                                                                                              [FR Doc. 2015–14836 Filed 6–15–15; 8:45 am]
                                                                                                                                                                     information the commenter provides, to
                                                      requirements:
                                                                                                                                                                     www.regulations.gov, as described in
                                                         (a) Flight simulators and flight                     BILLING CODE 4910–13–P
                                                                                                                                                                     the system of records notice (DOT/ALL–
                                                      training devices. Each flight simulator
                                                                                                                                                                     14 FDMS), which can be reviewed at
                                                      and flight training device used to obtain
                                                                                                              DEPARTMENT OF TRANSPORTATION                           www.dot.gov/privacy.
                                                      flight training credit in an approved
                                                                                                                                                                       Docket: Background documents or
                                                      pilot training course curriculum must
                                                                                                              Federal Aviation Administration                        comments received may be read at
                                                      be:
                                                                                                                                                                     http://www.regulations.gov at any time.
                                                         (1) Qualified under part 60 of this
                                                                                                              14 CFR Part 91                                         Follow the online instructions for
                                                      chapter; and
                                                                                                                                                                     accessing the docket or go to the Docket
                                                         (2) Approved by the Administrator for
                                                                                                              [Docket No.: FAA–2015–2147; Notice No.                 Operations in Room W12–140 of the
                                                      the tasks and maneuvers.                                15–05]                                                 West Building Ground Floor at 1200
                                                         (b) Aviation training devices. Each
                                                                                                                                                                     New Jersey Avenue SE., Washington,
                                                      aviation training device used to obtain                 RIN 2120–AK51                                          DC, between 9 a.m. and 5 p.m., Monday
                                                      flight training credit in an approved
                                                                                                                                                                     through Friday, except Federal holidays.
                                                      pilot training course curriculum must be                Transponder Requirement for Gliders
                                                      evaluated, qualified, and approved by                                                                          FOR FURTHER INFORMATION CONTACT: For
                                                      the Administrator.                                      AGENCY: Federal Aviation                               technical questions concerning this
                                                         (c) Training aids and equipment. Each                Administration (FAA), DOT.                             action, contact Jon M. Stowe, Airspace
                                                      training aid, including any audiovisual                 ACTION: Advance Notice of Proposed                     Regulations Team, AJV–113, Federal
                                                      aid, projector, mockup, chart, or aircraft              Rulemaking (ANPRM).                                    Aviation Administration, 800
                                                      component listed in the approved                                                                               Independence Avenue SW.,
                                                      training course outline, must be                        SUMMARY:   The FAA requests public                     Washington, DC 20591; telephone (202)
                                                      accurate and relevant to the course for                 comment on removal of the current                      267–8783; email jon.m.stowe@faa.gov.
                                                      which it is used.                                       transponder exception for gliders. This                  For legal questions concerning this
                                                      ■ 5. Amend Appendix C to part 141 by
                                                                                                              action responds to recommendations                     action, contact Anne Moore, Office of
                                                      revising paragraph (b) in section 4 to                  from members of Congress and the                       the Chief Counsel, AGC–220, Federal
                                                      read as follows:                                        National Transportation Safety Board.                  Aviation Administration, 800
                                                                                                              The purpose of this action is to gather                Independence Avenue SW.,
                                                      Appendix C to Part 141—Instrument                       information to determine whether the                   Washington, DC 20591; telephone (202)
                                                      Rating Course                                           current glider exception—from                          267–3073; email Anne.Moore@faa.gov.
                                                      *      *     *       *      *                           transponder equipment and use                          SUPPLEMENTARY INFORMATION:
                                                         4. Flight training. * * *                            requirements—provides the appropriate
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                                                         (b) For the use of flight simulators, flight         level of safety in the National Airspace               Comments Invited
                                                      training devices, or aviation training                  System. The FAA will use the                             See the ‘‘Additional Information’’
                                                      devices—                                                information gathered from this action to               section for information on how to
                                                         (1) The course may include training in a             determine whether additional                           comment on this advance notice of
                                                      flight simulator, flight training device, or            transponder equipment and use
                                                      aviation training device, provided it is
                                                                                                                                                                     proposed rulemaking (ANPRM) and
                                                                                                              requirements are necessary for gliders                 how the FAA will handle comments
                                                      representative of the aircraft for which the
                                                      course is approved, meets the requirements
                                                                                                              operating in the excepted areas.                       received. The ‘‘Additional Information’’
                                                      of this paragraph, and the training is given            DATES: Send comments on or before                      section also contains related
                                                      by an authorized instructor.                            August 17, 2015.                                       information about the docket, privacy,


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Document Created: 2018-02-22 10:22:38
Document Modified: 2018-02-22 10:22:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesSend comments on or before July 16, 2015.
ContactFor technical questions concerning this action, contact Marcel Bernard, Airmen Certification and Training Branch, Flight Standards Service, AFS-810, Federal Aviation Administration, 898 Airport Park Road, Suite 204, Glen Burnie, MD 21061; telephone: (410) 590-5364 x235 email [email protected]
FR Citation80 FR 34338 
RIN Number2120-AK71
CFR Citation14 CFR 141
14 CFR 61

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