[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Rules and Regulations]
[Page 54809-54819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-18]
[[Page 54809]]
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Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 61, 65, 121, and 135
Advanced Qualification Program; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 63, 65, 121, and 135
[Docket No. FAA-2005-20750; Amendment Nos. 61-112, 63-33, 65-46, 121-
313, 135-99]
RIN 2120-AI59
Advanced Qualification Program
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action codifies the requirements of the Advanced
Qualification Program (AQP). Currently, the AQP requirements are in a
Special Federal Aviation Regulation that expires on October 2, 2005.
The AQP will continue as an alternative regulatory program for airlines
seeking more flexibility in training than the traditional training
program allows. The intended effect of this rule is to codify the AQP
as a permanent, alternative method of compliance with the FAA's
training requirements for carriers.
DATES: This action is effective October 3, 2005.
FOR FURTHER INFORMATION CONTACT: Thomas M. Longridge, AFS-230, Air
Transportation Division, Flight Standards Service, Federal Aviation
Administration, P.O. Box 20027, Dulles International Airport,
Washington, DC 20041-2027; telephone (703) 661-0260; e-mail:
thomas.longridge@faa.gov. For issues involving legal interpretation of
the regulation, contact Joe Conte, AGC-200, Regulations Division,
Office of the Chief Counsel, 800 Independence Ave., SW., 20591;
telephone (202) 267-3073; e-mail: joe.conte@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) Web page (http://dms.dot.gov/search); (2) Visiting the Office of Rulemaking's Web page at http://
http://www.faa.gov/avr/arm/index.cfm; or
(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html
.
You can also get a copy 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) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. If you are a small entity and you have a
question regarding this document, you may contact its local FAA
official, or the person listed under FOR FURTHER INFORMATION CONTACT.
You can find out more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.
Authority for This Rulemaking
The FAA's authority to issue rules about aviation safety is found
in Title 49 of the United States Code. 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
Subtitle VII, Part A, Subpart III, Section 44701, General requirements.
Under that section, the FAA is charged with promoting the safe flight
of civil aircraft in air commerce by prescribing regulations and
minimum standards for other practices, methods, and procedures the
Administrator finds necessary for safety in air commerce and national
security. This regulation is within the scope of that authority since
it permanently codifies the current requirements and practices of a
regulatory compliance option for the training and qualification of
aircrew personnel, and represents the FAA's continuing efforts to
promote aviation safety.
Background
This final rule codifies the requirements of the AQP that are in
Special Federal Aviation Regulation (SFAR) No. 58, which expires on
October 2, 2005. The AQP improves flight crewmember performance by
providing alternative means of compliance with certain rules and
promotes the innovative use of modern technology for flight crewmember
training. The AQP will continue as an alternative to the traditional
training program for airlines seeking more flexibility in training than
the traditional program allows.
On March 30, 2005, the FAA published a notice of proposed
rulemaking (NPRM), ``Advanced Qualification Program'' (70 FR 16370). In
the NPRM, the FAA included a detailed history of the development of the
AQP. We also discussed a recommendation from the National
Transportation Safety Board and recommendations from a Joint
Government-Industry Task Force on flight crew performance.
The FAA received five comments on the proposed rule. Industry
commenters included the Air Line Pilots Association International
(ALPA), Air Transport Association (ATA), Alteon Training LLC (Alteon),
American Airlines (American), and the Regional Airline Association
(RAA). The commenters supported the AQP and the FAA's proposal to
relocate the regulations currently found in SFAR No. 58 to 14 CFR part
121, although they had specific suggestions to revise the proposed
language.
General Discussion of Comments
RAA believed establishing and maintaining an AQP requires excessive
time and resources. ALPA emphasized the need to maintain an approval
process administered by a national regulatory office. ALPA also
submitted seven general ``Statements of Position'' about the AQP and
suggested that these comments be incorporated to ensure flight
crewmembers receive equal or higher quality training than the training
under 14 CFR part 121, subparts N and O. The substance of each
statement of position is generally addressed through existing AQP
advisory and guidance material, and will not be discussed further in
this document. Likewise, the FAA has made minor editorial and
clarifying changes to the rule language that will not be discussed
further.
American suggested using more inclusive terms to make the rule
applicable to dispatchers, flight attendants, and other operations
personnel. American further asserted that Aircrew Program Designee
(APD) qualifications are the FAA's responsibility, not the certificate
holder's responsibility. The carrier believed that the discussion in
the NPRM implies that the responsibility would be borne by the
certificate holder rather than the FAA.
The FAA recognizes the AQP may not be appropriate for every
certificate holder. The AQP is a voluntary program that entails a
strong commitment from the air carrier to exceed minimum training
standards in the greater interest of safety. The AQP was established to
allow a greater degree of regulatory flexibility in the approval of
innovative training programs. Based on a documented analysis of
operational requirements, a certificate holder under AQP may propose to
depart from
[[Page 54811]]
traditional practices with respect to what, how, when, and where
training and testing is conducted. Detailed AQP documentation
requirements, data collection, and analysis provide the FAA and the
operator the tools necessary to monitor and administer adequately an
AQP.
The FAA plans to maintain the current AQP approval process as
indicated by Sec. 121.909, Approval of Advanced Qualification Program.
The process includes program review by both the National program office
and the local FAA office responsible for approval of the certificate
holder's operations specifications.
The FAA acknowledges that part of the responsibility for APD
training resides with the FAA. However, the APD still must maintain all
qualifications required of the duty position including crew or dispatch
qualifications. The prohibition against using a person in operations
under this part who has not accomplished the required training and
evaluation also would extend to an APD.
The FAA has changed several sections to ensure the AQP is
applicable to dispatchers, flight attendants, and other operations
personnel. For example, the FAA replaced ``flight instructor'' with the
more inclusive ``instructor'' where appropriate. In Sec. 121.919, the
FAA replaced ``airmen competence'' with ``crewmember or dispatcher
competence.''
Confidential Information and Data Collection Requirements (Sec. Sec.
121.905 and 121.917)
This rule provides a procedure for carriers using AQP to request
confidential treatment of data, submitted in accordance with Sec.
121.917(c), at the time the submission is made. While this mechanism
does not create any new protections for the carriers, it reduces the
risk of an inadvertent disclosure of confidential business information
by the FAA by providing a procedure for claiming protection under an
existing Freedom of Information Act exemption.
American stated that justification for confidential treatment of
the data information required by proposed Sec. 121.917(c) that is
attached to each submission is redundant, and suggested justification
be required only with the initial submission. RAA, ALPA, American, and
ATA also commented about the data collection requirements. ALPA stated
that while the intent of the proposal is to protect the confidentiality
of the training organization by submitting confidential performance
data, there is no assurance that performance data of an individual
pilot is protected or confidential. ALPA does support the collection of
the required de-identified data since the AQP analysis requires
sensitive grading scales beyond the traditional pass-fail binary scale.
American recommended excluding instructors and evaluators for the
data collection process and adding dispatchers.
The rule language provides the maximum protection for the submitted
information and is not redundant. A request is required for each
submission to protect against inadvertent disclosures. AQP data
collection is required for all AQP curriculums as defined by each
carrier's approved AQP data collection and analysis section of the
certificate holder's Implementation & Operations Plan (I&O Plan). Data
collection requirements for the AQP will vary with the curriculum, the
type of curriculum activity (training, validation, or evaluation), the
type of participant (crewmember, instructor, or evaluator), and the
overall management objectives for use of the data. The FAA has
established the minimal requirements for submitting de-identified data
by curriculum.
The data requirements set forth in Sec. 121.917(c), which must be
submitted to the FAA for analysis and validation, is without names or
other elements that would identify an individual or group of
individuals. The information is analyzed to monitor the effectiveness
of AQP training, not to monitor individual crewmember, dispatcher, or
other operations personnel. Instructor/Evaluator specific data are
limited to their grading decisions. The FAA data provisions do not
require participants to identify Instructors/Evaluators when they are
being evaluated as crewmembers, dispatchers, or other operations
personnel. Dispatchers and other operations personnel will be added to
the data collection requirements. We note, however, that AQP
participants still must comply with the record keeping requirements set
forth in Sec. 121.925, discussed below.
Definitions (Sec. 121.907)
ALPA stated the wording in the definition of ``Line operational
evaluation (LOE)'' leads the reader to believe the purpose of the LOE
is to evaluate Crew Resource Management (CRM) and technical skills.
ALPA was opposed to any evaluation that is not based on well-defined
qualification standards of technical proficiency. ALPA is not opposed
to qualification standards that specify CRM or Dispatcher Resource
Management (DRM) tasks that are technical in nature and easily
measured. ALPA also noted the difficulty of training instructors and
evaluators to assess CRM performance on an objective scale in a
consistent manner.
The intent of an LOE is to evaluate and verify that an individual's
job knowledge, technical skills, and resource management skills are
commensurate with AQP qualification standards. Training of resource
management is mandatory. A means of evaluating the effectiveness of
such training is also mandatory, but pass/fail standards for resource
management competency are not required. Applicant-developed evaluation
strategies must at least include provisions for assessing the extent to
which poor resource management skills are a contributory factor in a
failure to meet technical standards of operational performance in
validations and evaluations.
Each AQP (including provisional AQP curriculums for training
centers) must provide instructor and evaluator indoctrination,
qualification, and continuing qualification curriculums. These
requirements include a separate job task analysis, qualification
standards, curriculum(s), and curriculum outlines focusing on the
instructor/evaluator duty positions. The program must define the
minimum requirements each category of instructor/evaluator will
accomplish to stay current. All instructors and evaluators will receive
instruction and evaluation in resource management objectives and
training methods. Also, a standardization program is required to
establish uniform grading criteria, address reliability between
instructors/evaluators, and develop remediation procedures.
Qualification Curriculum (Sec. 121.913)
The AQP requires each participant to use an instruction system
design methodology to develop every AQP curriculum. These methodologies
require that users translate tasks into terminal proficiency objectives
and subtasks into supporting proficiency objectives. The user then must
measure student performance against proficiency objectives and
qualification standards for all curriculums. American recommended
replacing ``task'' with ``objective'' throughout the rule. American
observed the AQP job task analysis includes tasks and subtasks, but
training under AQP is based on terminal and supporting proficiency
objectives. In the final rule where appropriate, we replaced ``flight
task/task'' with ``proficiency objective.''
[[Page 54812]]
Continuing Qualification Curriculum (Sec. 121.915)
Each AQP participant is required to develop a continuing
qualification curriculum to ensure that during each qualification
cycle, each person qualified under an AQP, including instructors and
evaluators, will receive a mix of training and evaluation on all events
and subjects necessary to maintain proficiency. American recommends
rewording Sec. 121.915(a)(1), Evaluation Period, to remove ``ground
and flight'' and adding ``or via a methodology approved by the FAA.''
American suggests that the new sentence read: ``Each person qualified
under an AQP must receive training and an evaluation of proficiency
during each evaluation period at a training facility or via a
methodology approved by the FAA.'' American also contends that Sec.
121.915(a)(1) requiring flight training may exclude dispatchers, and
requiring that all ground training be conducted at a training facility
excludes the use of distributed training methods.
American also believes the rule should state a line check must be
completed during each evaluation period instead of specifying ``in the
calendar month at the midpoint of the evaluation period.'' The carrier
suggested scheduling a line check to occur in a specific month for each
certificate holder's PIC is an onerous and unnecessary scheduling task
for most carriers that goes beyond the annual line check requirements
of Sec. 121.440(a). American asserted the no-notice line check
paragraph implies that these line checks should be complete surprises.
It pointed out that, while carriers may not ``notify'' crewmembers
before an impending line check, the checks are not surprises.
The FAA has changed Sec. 121.915(a)(1) to read, in pertinent part,
``to receive ground and flight training (as appropriate) and an
evaluation of proficiency during each evaluation period at a training
facility.'' This is similar to the language that appeared in SFAR 58:
``To receive a training session and an evaluation of proficiency during
each evaluation period at a training facility.'' The requirement does
not preclude the use of distributed training as long as the distributed
training methodology has been approved as part of the AQP curriculum.
Section 121.915(a) refers to the continuing qualification cycle whereas
Sec. 121.915(a)(1) refers to the evaluation period. The initial
approval for a continuing qualification cycle is no more than 24 months
in duration, divided into two 12-month evaluation periods. All critical
proficiency objectives are accomplished during each evaluation period.
Critical tasks are proficiency objectives that are trained, validated,
or evaluated more often during an AQP. Each evaluation period must
include at least one training session, but may include more. Initially,
training sessions cannot be more than 12 months (plus or minus one
month) apart. Also a proficiency evaluation must be completed during
each evaluation period. The strategies employed for training and the
facilities used by participants are approved as part of the AQP.
The language regarding line checks is consistent with existing
exemptions that have been granted to some AQP certificate holders to
allow a longer period between line checks in exchange for such no-
notice line checks. The no-notice feature of the random line check
procedure provides evaluators with an increased opportunity to observe
typical behavior, and the requirement for conducting such checks over
all geographic routes better assures such information is representative
of performance over the airline's entire operation.
Language in exemptions from the random line check requirement
plainly says the FAA expects the line check to be no-notice. These
exemptions state that ``FAA finds that this relief provides an
equivalent level of safety by virtue of addressing the operational line
performance of the entire crew, rather than only the pilot-in-command.
The FAA further finds that conducting line checks on a no-notice,
randomly administered basis should enhance their utility as an overall
gauge of operational safety.''
The FAA recognizes the pilot-in-command (PIC) will review the
flight paperwork and will have some very short-term prior knowledge of
the line check (because of security concerns, weight and balance
issues, and scheduling requirements). However, we expect that in the
time prior to the PIC receiving the flight paperwork about the line
check flight, the AQP participant will have maintained the random no-
notice requirement.
Certification (Sec. 121.919)
The rule describes the means by which a person subject to an AQP is
eligible to receive a commercial or airline transport pilot, flight
engineer, or aircraft dispatcher certificate or appropriate rating
based on the successful completion of AQP training. American observed
that Sec. 121.919(c) refers to LOE scenarios as an exclusive measure
of competence. They noted an AQP for dispatchers would be required to
incorporate an operational scenario, the scenario probably would not be
termed an LOE. American recommended changing wording from ``knowledge
and skills in scenarios (i.e., LOE)'' to ``knowledge and skills in
operational scenarios (i.e., LOE for crewmembers).''
American also observed that Sec. 121.919(e) lists the types of
instructors and evaluators who can certify training of applicants and
requires applicants to pass an LOE. They noted the list of instructors
does not include dispatch instructor and the paragraph does not allow
for other types of operational evaluations for dispatchers. They
recommend changing the wording to read, ``* * * as witnessed by an
instructor, check airman, or APD, as appropriate for the duty position,
and has passed an operational evaluation (i.e., LOE for crewmembers).''
The concept and term LOE applies equally to all personnel covered
under an AQP. Evaluation of proficiency is defined as an LOE or
equivalent evaluation under an AQP acceptable to the FAA. We changed
Sec. 121.919 to be inclusive of other positions (including
dispatchers).
Approval of Training, Qualification, or Evaluation by a Person Who
Provided Training by Arrangement (Sec. 121.923)
The rule sets forth the conditions for a certificate holder under
part 121 or part 135 to arrange for AQP training by a separate training
provider. Alteon objected to provisional approval for AQP training
providers and suggested that Sec. Sec. 121.923(a) and (b) be
rewritten. Alteon further stated the specific use of provisionally
approved curriculums, curriculum segments, or portions of curriculum
segments in a training provider's AQP should be approved by the FAA.
In Sec. 121.923, provisional approval is meant to allow a training
center to develop and market an AQP that could be tailored by
contracting participants to meet their particular needs. The major
difference between developing an AQP by a training center and by an air
carrier is the training center can develop generic AQP documentation
and individual curriculum segments. This documentation is given a
provisional approval. A provisional AQP allows a training center to
accomplish front-end AQP development and to offer its services as an
approved AQP provider before establishing a contract or other
arrangements with a specific certificate holder.
[[Page 54813]]
Recordkeeping Requirements (Sec. 121.925)
Like traditional training programs under part 121 and part 135, the
AQP requires that each certificate holder conducting an approved AQP
establish and maintain records in sufficient detail to demonstrate that
the certificate holder is in compliance with all AQP requirements. ALPA
believes AQP training and checking records maintained by a company
should not contain more data that is accessible through the Pilot
Records Improvement Act (PRIA) than it would under traditional
programs. The regulatory language to that end should be identical.
The recordkeeping process in AQP does not differ from traditional
recordkeeping requirements. The intent of Sec. 121.925, Recordkeeping,
is that AQP participants may maintain a record keeping system based on
the standard 14 CFR part 121 or 135 (i.e., Sec. 121.683),
recordkeeping requirements. Section 121.925, Recordkeeping, is based on
existing SFAR No. 58, section 12, with no substantive changes.
Individual recordkeeping by certificate holders is needed to show
whether each crewmember, aircraft dispatcher, or other operations
personnel is in compliance with the AQP and subpart Y. Thus, for
example, under an AQP, if a pilot is identified for augmented training,
the satisfactory or unsatisfactory completion of that training and the
date must be recorded and maintained in the carrier's training records
for that pilot. The recordkeeping requirement of Sec. 121.925 is a
separate function from the data collected and analyzed under the
requirements of Sec. 121.917(c).
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these proposed regulations.
Paperwork Reduction Act
According to the 1995 amendments to the Paperwork Reduction Act (5
CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor collecting
information, nor may it impose an information collection requirement
unless it displays a currently valid OMB control number.
This proposal contains the following new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted the information requirements
associated with this final rule to the Office of Management and Budget
for its review. The OMB control number assigned to this collection of
information is 2120-0701.
Summary: AQP is an existing rule and the data required by that rule
is currently being submitted to the Agency. Data collection and
analysis of data is a fundamental part of AQP. AQP is continuously
validated through collecting and analyzing trainee performance. Data
collection and analysis processes ensure the certificate holder
provides performance information on its crewmembers, instructors, and
evaluators that will enable the certificate holder and the FAA to
determine whether the form and content of training and evaluation
activities are satisfactorily accomplishing the overall objectives of
the curriculum.
Use of: The Voluntary Safety Programs Branch, AFS-230, receives the
AQP data monthly to monitor program compliance, effectiveness, and
efficiency. AFS-230 processes the information for errors and omissions
then analyzes the data. The FAA principal operations inspector (POI)
responsible for oversight of the certificate holder reviews the
analyzed data. The POI and his staff make use of this information to
monitor training trends, to identify areas in need of corrective
action, to plan targeted surveillance of curriculums, and to verify
that corrective action is effective. In general, this information is
used to provide an improved basis for curriculum approval and
monitoring, as well as agency decisions about air carrier training
regulation and policy.
Respondents (including number of): The likely respondents to this
proposed data collection requirement are 16 airlines and 2
manufacturers.
Frequency: The frequency of data collection is monthly.
Annual Burden Estimate: Affected firms already incur annual
recordkeeping and reporting burden as follows:
Number of respondents with approved AQPs: 18
Frequency of response per respondent: Monthly.
Estimated number of hours per respondent to prepare
information to be submitted to the FAA: 2.0
Estimated annual hour burden per respondent: 24
Total estimated hours of industry burden: 432
The estimated 2-hour burden is the time required to transform the
data already produced monthly by the certificate holder as part of an
approved AQP into the appropriate form for use by the FAA.
Currently sixteen airlines and two manufacturers have voluntarily
established AQP programs. However, not all the participants' aircraft
fleet types (personnel) are covered by an AQP. Based on a cost-benefit
study from certificate holders with existing AQP programs, the average
cost of an AQP analyst is $60 per hour. Therefore, the cost of this
burden is:
Industry per annum (432 hours)--$25,920
Each participant per annum (24 hours)--$1440
Regulatory Analyses
Final rules to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs 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 (RFA), codified at 5 U.S.C. 601-
611, requires agencies to analyze the economic impact of regulatory
changes on small entities. Third, the Trade Agreements Act (19 U.S.C.
2531-2533) 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
for U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation.)
The Department of Transportation Order DOT 2100.5 prescribes
policies and procedures for simplification, analysis, and review of
regulations. If it is determined the expected cost impact is so minimal
that a proposal does not warrant a full evaluation, this order allows a
statement to that effect, and the basis for it, to be included in the
preamble. In this case, a full regulatory evaluation cost-benefit
evaluation need not be prepared. Such a determination has been made for
this rule.
This final rule will make permanent the AQP, an existing temporary
[[Page 54814]]
regulatory alternative for operators to comply with carrier training
requirements. The AQP is not mandatory. It is left up to the discretion
of the individual certificate holder as to whether to adopt the AQP or
not. The FAA assumes that certificate holders will do so only if it
improves their training effectiveness and safety or is otherwise in
their economic interest. In the NPRM, the FAA stated that it expected
the outcome will have a minimal impact, and a regulatory evaluation was
not prepared. The FAA also solicited comments in that NPRM from the
aviation community about the FAA determination of minimal impact. The
FAA received no comments to this effect. Therefore, the FAA still
expects that this rule will not impose any additional net cost burden
on the industry.
Regulatory Flexibility Determination
The RFA establishes ``as a principle of regulatory issuance that
agencies shall endeavor, consistent with the objective of the rule and
of applicable statutes, to fit regulatory and informational
requirements to the scale of the business, organizations, and
governmental jurisdictions subject to regulation.'' To achieve that
principle, the RFA requires agencies to solicit and consider flexible
regulatory proposals and to explain the rationale for their actions.
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 proposed or
final 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 proposed or final rule is
not expected to have a significant economic impact on a substantial
number of small entities, section 605(b) of the RFA provides 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.
Because the rule is voluntary and thus will not impose compliance
costs, the FAA Administrator certifies the rule will not have a
significant economic impact on a substantial number of small air
carriers. We solicited comments and received none.
Trade Impact Assessment
The Trade Agreements Act of 1979 prohibits Federal agencies from
establishing any standards or engaging in related activities that
create unnecessary obstacles to the foreign commerce of the United
States. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. 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 final rule and determined that it will have
only a domestic impact and therefore no effect on any trade-sensitive
activity.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as
Public Law 104-4 on March 22, 1995, is intended, among other things, to
curb the practice of imposing unfunded Federal mandates on State,
local, and tribal governments. Title II of the Act 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 (adjusted annually for
inflation) 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 $120.7 million instead of $100 million.
This final rule does not contain such a mandate. The requirements
of Title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We have determined that
this action will not have a substantial direct effect on the States, or
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, we have determined that this final rule does
not have federalism implications.
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.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined
that it is not a ``significant energy action'' under the executive
order, because it is not a ``significant regulatory action'' under
Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects
14 CFR Part 61
Air safety, Air transportation, Aviation safety, Safety.
14 CFR Part 63
Air safety, Air transportation, Airmen, Aviation safety, Safety,
Transportation.
14 CFR Part 65
Airmen, Aviation safety, Air transportation, Aircraft.
14 CFR Part 121
Aircraft pilots, Airmen, Aviation safety, Pilots, Safety.
14 CFR Part 135
Air carriers, Air transportation, Airmen, Aviation safety, Safety,
Pilots.
The Amendment
0
The Federal Aviation Administration is amending parts 61, 63, 65, 121,
and 135 of Title 14, Code of Federal Regulations (14 CFR parts 61, 63,
65, 121 and 135) 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(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
SFAR No. 58 [Removed]
0
2. Remove SFAR No, 58 from part 61.
Sec. 61.58 [Amended]
0
3. Amend Sec. 61.58(b) by removing ``SFAR 58'' and adding ``subpart Y
of part 121 of this chapter'' in its place.
[[Page 54815]]
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
4. The authority citation for part 63 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40108, 40113, 44701-44703, 44710,
44712, 44714, 44716, 44717, 44722, 45303.
SFAR No. 58 [Removed]
0
5. Remove SFAR No. 58 from part 63.
PART 63--[NOMENCLATURE CHANGE]
0
6. Amend part 63 by removing ``SFAR 58'' and adding ``subpart Y of part
121 of this chapter'' in its place wherever it occurs in the part.
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
7. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
SFAR No. 58 [Removed]
0
8. Remove SFAR No. 58 from part 65.
PART 65--[NOMENCLATURE CHANGE]
0
9. Amend part 65 by removing ``SFAR 58'' and adding ``subpart Y of part
121 of this chapter'' in its place wherever it occurs in the part.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
10. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.
SFAR No. 58 [Removed]
0
11. Remove Special Federal Aviation Regulation (SFAR) No. 58.--Advanced
Qualification Program from part 121.
0
12. Add subpart Y to read as follows:
Subpart Y--Advanced Qualification Program
Sec.
121.901 Purpose and eligibility.
121.903 General requirements for Advanced Qualification Programs.
121.905 Confidential commercial information
121.907 Definitions.
121.909 Approval of Advanced Qualification Program.
121.911 Indoctrination curriculum.
121.913 Qualification curriculum.
121.915 Continuing qualification curriculum.
121.917 Other requirements.
121.919 Certification.
121.921 Training devices and simulators.
121.923 Approval of training, qualification, or evaluation by a
person who provides training by arrangement.
121.925 Recordkeeping requirements.
Subpart Y--Avanced Qualification Program
Sec. 121.901 Purpose and eligibility.
(a) Contrary provisions of parts 61, 63, 65, 121, 135, and 142 of
this chapter notwithstanding, this subpart provides for approval of an
alternative method (known as ``Advanced Qualification Program'' or
``AQP'') for qualifying, training, certifying, and otherwise ensuring
competency of crewmembers, aircraft dispatchers, other operations
personnel, instructors, and evaluators who are required to be trained
under parts 121 and 135 of this chapter.
(b) A certificate holder is eligible under this subpart if the
certificate holder is required or elects to have an approved training
program under Sec. Sec. 121.401, 135.3(c), or 135.341 of this chapter.
(c) A certificate holder obtains approval of each proposed
curriculum under this AQP as specified in Sec. 121.909.
Sec. 121.903 General requirements for Advanced Qualification
Programs.
(a) A curriculum approved under an AQP may include elements of
existing training programs under part 121 and part 135 of this chapter.
Each curriculum must specify the make, model, series or variant of
aircraft and each crewmember position or other positions to be covered
by that curriculum. Positions to be covered by the AQP must include all
flight crewmember positions, flight instructors, and evaluators and may
include other positions, such as flight attendants, aircraft
dispatchers, and other operations personnel.
(b) Each certificate holder that obtains approval of an AQP under
this subpart must comply with all the requirements of the AQP and this
subpart instead of the corresponding provisions of parts 61, 63, 65,
121, or 135 of this chapter. However, each applicable requirement of
parts 61, 63, 65, 121, or 135 of this chapter, including but not
limited to practical test requirements, that is not specifically
addressed in the AQP continues to apply to the certificate holder and
to the individuals being trained and qualified by the certificate
holder. No person may be trained under an AQP unless that AQP has been
approved by the FAA and the person complies with all the requirements
of the AQP and this subpart.
(c) No certificate holder that conducts its training program under
this subpart may use any person nor may any person serve in any duty
position as a required crewmember, an aircraft dispatcher, an
instructor, or an evaluator, unless that person has satisfactorily
accomplished, in a training program approved under this subpart for the
certificate holder, the training and evaluation of proficiency required
by the AQP for that type airplane and duty position.
(d) All documentation and data required under this subpart must be
submitted in a form and manner acceptable to the FAA.
(e) Any training or evaluation required under an AQP that is
satisfactorily completed in the calendar month before or the calendar
month after the calendar month in which it is due is considered to have
been completed in the calendar month it was due.
Sec. 121.905 Confidential commercial information.
(a) Each certificate holder that claims that AQP information or
data it is submitting to the FAA is entitled to confidential treatment
under 5 U.S.C. 552(b)(4) because it constitutes confidential commercial
information as described in 5 U.S.C. 552(b)(4), and should be withheld
from public disclosure, must include its request for confidentiality
with each submission.
(b) When requesting confidentiality for submitted information or
data, the certificate holder must:
(1) If the information or data is transmitted electronically, embed
the claim of confidentiality within the electronic record so the
portions claimed to be confidential are readily apparent when received
and reviewed.
(2) If the information or data is submitted in paper format, place
the word ``CONFIDENTIAL'' on the top of each page containing
information or data claimed to be confidential.
(3) Justify the basis for a claim of confidentiality under 5 U.S.C.
552(b)(4).
Sec. 121.907 Definitions.
The following definitions apply to this subpart:
Crew Resource Management (CRM) means the effective use of all the
resources available to crewmembers, including each other, to achieve a
safe and efficient flight.
Curriculum outline means a listing of each segment, module, lesson,
and lesson element in a curriculum, or an
[[Page 54816]]
equivalent listing acceptable to the FAA.
Evaluation of proficiency means a Line Operational Evaluation (LOE)
or an equivalent evaluation under an AQP acceptable to the FAA.
Evaluator means a person who assesses or judges the performance of
crewmembers, instructors, other evaluators, aircraft dispatchers, or
other operations personnel.
First Look means the assessment of performance to determine
proficiency on designated flight tasks before any briefing, training,
or practice on those tasks is given in the training session for a
continuing qualification curriculum. First Look is conducted during an
AQP continuing qualification cycle to determine trends of degraded
proficiency, if any, due in part to the length of the interval between
training sessions.
Instructional systems development means a systematic methodology
for developing or modifying qualification standards and associated
curriculum content based on a documented analysis of the job tasks,
skills, and knowledge required for job proficiency.
Job task listing means a listing of all tasks, subtasks, knowledge,
and skills required for accomplishing the operational job.
Line Operational Evaluation (LOE) means a simulated line
environment, the scenario content of which is designed to test
integrating technical and CRM skills.
Line Operational Simulation (LOS) means a training or evaluation
session, as applicable, that is conducted in a simulated line
environment using equipment qualified and approved for its intended
purpose in an AQP.
Planned hours means the estimated amount of time (as specified in a
curriculum outline) that it takes a typical student to complete a
segment of instruction (to include all instruction, demonstration,
practice, and evaluation, as appropriate, to reach proficiency).
Qualification standard means a statement of a minimum required
performance, applicable parameters, criteria, applicable flight
conditions, evaluation strategy, evaluation media, and applicable
document references.
Qualification standards document means a single document containing
all the qualification standards for an AQP together with a prologue
that provides a detailed description of all facets of the evaluation
process.
Special tracking means assigning a person to an augmented schedule
of training, checking, or both.
Training session means a contiguously scheduled period devoted to
training activities at a facility approved by the FAA for that purpose.
Variant means a specifically configured aircraft for which the FAA
has identified training and qualifications that are significantly
different from those applicable to other aircraft of the same make,
model, and series.
Sec. 121.909 Approval of Advanced Qualification Program.
(a) Approval process. Application for approval of an AQP curriculum
under this subpart is made, through the FAA office responsible for
approval of the certificate holder's operations specifications, to the
Manager of the Advanced Qualification Program.
(b) Approval criteria. Each AQP must have separate curriculums for
indoctrination, qualification, and continuing qualification (including
upgrade, transition, and requalification), as specified in Sec. Sec.
121.911, 121.913, and 121.915. All AQP curriculums must be based on an
instructional systems development methodology. This methodology must
incorporate a thorough analysis of the certificate holder's operations,
aircraft, line environment and job functions. All AQP qualification and
continuing qualification curriculums must integrate the training and
evaluation of CRM and technical skills and knowledge. An application
for approval of an AQP curriculum may be approved if the program meets
the following requirements:
(1) The program must meet all the requirements of this subpart.
(2) Each indoctrination, qualification, and continuing
qualification AQP, and derivatives must include the following
documentation:
(i) Initial application for AQP.
(ii) Initial job task listing.
(iii) Instructional systems development methodology.
(iv) Qualification standards document.
(v) Curriculum outline.
(vi) Implementation and operations plan.
(3) Subject to approval by the FAA, certificate holders may elect,
where appropriate, to consolidate information about multiple programs
within any of the documents referenced in paragraph (b)(2) of this
section.
(4) The Qualification Standards Document must indicate specifically
the requirements of the parts 61, 63, 65, 121, or 135 of this chapter,
as applicable, that would be replaced by an AQP curriculum. If a
practical test requirement of parts 61, 63, 65, 121, or 135 of this
chapter is replaced by an AQP curriculum, the certificate holder must
establish an initial justification and a continuing process approved by
the FAA to show how the AQP curriculum provides an equivalent level of
safety for each requirement that is to be replaced.
(c) Application and transition. Each certificate holder that
applies for one or more advanced qualification curriculums must include
as part of its application a proposed transition plan (containing a
calendar of events) for moving from its present approved training to
the advanced qualification program training.
(d) Advanced Qualification Program revisions or rescissions of
approval. If after a certificate holder begins training and
qualification under an AQP, the FAA finds the certificate holder is not
meeting the provisions of its approved AQP, the FAA may require the
certificate holder, pursuant to Sec. 121.405(e), to make revisions. Or
if otherwise warranted, the FAA may withdraw AQP approval and require
the certificate holder to submit and obtain approval for a plan
(containing a schedule of events) that the certificate holder must
comply with and use to transition to an approved training program under
subpart N of this part or under subpart H of part 135 of this chapter,
as appropriate. The certificate holder may also voluntarily submit and
obtain approval for a plan (containing a schedule of events) to
transition to an approved training program under subpart N of this part
or under subpart H of part 135 of this chapter, as appropriate.
(e) Approval by the FAA. Final approval of an AQP by the FAA
indicates the FAA has accepted the justification provided under
paragraph (b)(4) of this section and the applicant's initial
justification and continuing process establish an equivalent level of
safety for each requirement of parts 61, 63, 65, 121, and 135 of this
chapter that is being replaced.
Sec. 121.911 Indoctrination curriculum.
Each indoctrination curriculum must include the following:
(a) For newly hired persons being trained under an AQP: The
certificate holder's policies and operating practices and general
operational knowledge.
(b) For newly hired crewmembers and aircraft dispatchers: General
aeronautical knowledge appropriate to the duty position.
(c) For instructors: The fundamental principles of the teaching and
learning process; methods and theories of instruction; and the
knowledge necessary to use aircraft, flight training
[[Page 54817]]
devices, flight simulators, and other training equipment in advanced
qualification curriculums, as appropriate.
(d) For evaluators: General evaluation requirements of the AQP;
methods of evaluating crewmembers and aircraft dispatchers and other
operations personnel, as appropriate, and policies and practices used
to conduct the kinds of evaluations particular to an AQP (e.g., LOE).
Sec. 121.913 Qualification curriculum.
Each qualification curriculum must contain training, evaluation,
and certification activities, as applicable for specific positions
subject to the AQP, as follows:
(a) The certificate holder's planned hours of training, evaluation,
and supervised operating experience.
(b) For crewmembers, aircraft dispatchers, and other operations
personnel, the following:
(1) Training, evaluation, and certification activities that are
aircraft- and equipment-specific to qualify a person for a particular
duty position on, or duties related to the operation of, a specific
make, model, series, or variant aircraft.
(2) A list of and text describing the knowledge requirements,
subject materials, job skills, and qualification standards of each
proficiency objective to be trained and evaluated.
(3) The requirements of the certificate holder's approved AQP
program that are in addition to or in place of, the requirements of
parts 61, 63, 65, 121 or 135 of this chapter, including any applicable
practical test requirements.
(4) A list of and text describing operating experience, evaluation/
remediation strategies, provisions for special tracking, and how
recency of experience requirements will be accomplished.
(c) For flight crewmembers: Initial operating experience and line
check.
(d) For instructors, the following as appropriate:
(1) Training and evaluation activities to qualify a person to
conduct instruction on how to operate, or on how to ensure the safe
operation of a particular make, model, and series aircraft (or
variant).
(2) A list of and text describing the knowledge requirements,
subject materials, job skills, and qualification standards of each
procedure and proficiency objective to be trained and evaluated.
(3) A list of and text describing evaluation/remediation
strategies, standardization policies and recency requirements.
(e) For evaluators: The requirements of paragraph (d)(1) of this
section plus the following, as appropriate:
(1) Training and evaluation activities that are aircraft and
equipment specific to qualify a person to assess the performance of
persons who operate or who ensure the safe operation of, a particular
make, model, and series aircraft (or variant).
(2) A list of and text describing the knowledge requirements,
subject materials, job skills, and qualification standards of each
procedure and proficiency objective to be trained and evaluated.
(3) A list of and text describing evaluation/remediation
strategies, standardization policies and recency requirements.
Sec. 121.915 Continuing qualification curriculum.
Each continuing qualification curriculum must contain training and
evaluation activities, as applicable for specific positions subject to
the AQP, as follows:
(a) Continuing qualification cycle. A continuing qualification
cycle that ensures that during each cycle each person qualified under
an AQP, including instructors and evaluators, will receive a mix that
will ensure training and evaluation on all events and subjects
necessary to ensure that each person maintains proficiency in
knowledge, technical skills, and cognitive skills required for initial
qualification in accordance with the approved continuing qualification
AQP, evaluation/remediation strategies, and provisions for special
tracking. Each continuing qualification cycle must include at least the
following:
(1) Evaluation period. Initially the continuing qualification cycle
is comprised of two or more evaluation periods of equal duration. Each
person qualified under an AQP must receive ground training and flight
training, as appropriate, and an evaluation of proficiency during each
evaluation period at a training facility. The number and frequency of
training sessions must be approved by the FAA.
(2) Training. Continuing qualification must include training in all
tasks, procedures and subjects required in accordance with the approved
program documentation, as follows:
(i) For pilots in command, seconds in command, and flight
engineers, First Look in accordance with the certificate holder's FAA-
approved program documentation.
(ii) For pilots in command, seconds in command, flight engineers,
flight attendants, instructors and evaluators: Ground training
including a general review of knowledge and skills covered in
qualification training, updated information on newly developed
procedures, and safety information.
(iii) For crewmembers, instructors, evaluators, and other
operational personnel who conduct their duties in flight: Proficiency
training in an aircraft, flight training device, flight simulator, or
other equipment, as appropriate, on normal, abnormal, and emergency
flight procedures and maneuvers.
(iv) For dispatchers and other operational personnel who do not
conduct their duties in flight: ground training including a general
review of knowledge and skills covered in qualification training,
updated information on newly developed procedures, safety related
information, and, if applicable, a line observation program.
(v) For instructors and evaluators: Proficiency training in the
type flight training device or the type flight simulator, as
appropriate, regarding training equipment operation. For instructors
and evaluators who are limited to conducting their duties in flight
simulators or flight training devices: Training in operational flight
procedures and maneuvers (normal, abnormal, and emergency).
(b) Evaluation of performance. Continuing qualification must
include evaluation of performance on a sample of those events and major
subjects identified as diagnostic of competence and approved for that
purpose by the FAA. The following evaluation requirements apply:
(1) Evaluation of proficiency as follows:
(i) For pilots in command, seconds in command, and flight
engineers: An evaluation of proficiency, portions of which may be
conducted in an aircraft, flight simulator, or flight training device
as approved in the certificate holder's curriculum that must be
completed during each evaluation period.
(ii) For any other persons covered by an AQP, a means to evaluate
their proficiency in the performance of their duties in their assigned
tasks in an operational setting.
(2) Line checks as follows:
(i) Except as provided in paragraph (b)(2)(ii) of this section, for
pilots in command: A line check conducted in an aircraft during actual
flight operations under part 121 or part 135 of this chapter or during
operationally (line) oriented flights, such as ferry flights or proving
flights. A line check must be completed in the calendar month at the
midpoint of the evaluation period.
[[Page 54818]]
(ii) With the FAA's approval, a no-notice line check strategy may
be used in lieu of the line check required by paragraph (b)(2)(i) of
this section. The certificate holder who elects to exercise this option
must ensure the ``no-notice'' line checks are administered so the
flight crewmembers are not notified before the evaluation. In addition,
the AQP certificate holder must ensure that each pilot in command
receives at least one ``no-notice'' line check every 24 months. As a
minimum, the number of ``no-notice'' line checks administered each
calendar year must equal at least 50% of the certificate holder's
pilot-in-command workforce in accordance with a strategy approved by
the FAA for that purpose. In addition, the line checks to be conducted
under this paragraph must be conducted over all geographic areas flown
by the certificate holder in accordance with a sampling methodology
approved by the FAA for that purpose.
(iii) During the line checks required under paragraph (b)(2)(i) and
(ii) of this section, each person performing duties as a pilot in
command, second in command, or flight engineer for that flight, must be
individually evaluated to determine whether the person remains
adequately trained and currently proficient with respect to the
particular aircraft, crew position, and type of operation in which he
or she serves; and the person has sufficient knowledge and skills to
operate effectively as part of a crew. The evaluator must be a check
airman, an APD, or an FAA inspector and must hold the certificates and
ratings required of the pilot in command.
(c) Recency of experience. For pilots in command, seconds in
command, flight engineers, aircraft dispatchers, instructors,
evaluators, and flight attendants, approved recency of experience
requirements appropriate to the duty position.
(d) Duration of cycles and periods. Initially, the continuing
qualification cycle approved for an AQP must not exceed 24 calendar
months in duration, and must include two or more evaluation periods of
equal duration. After that, upon demonstration by a certificate holder
that an extension is warranted, the FAA may approve an extension of the
continuing qualification cycle to a maximum of 36 calendar months in
duration.
(e) Requalification. Each continuing qualification curriculum must
include a curriculum segment that covers the requirements for
requalifying a crewmember, aircraft dispatcher, other operations
personnel, instructor, or evaluator who has not maintained continuing
qualification.
Sec. 121.917 Other requirements.
In addition to the requirements of Sec. Sec. 121.913 and 121.915,
each AQP qualification and continuing qualification curriculum must
include the following requirements:
(a) Integrated Crew Resource Management (CRM) or Dispatcher
Resource Management (DRM) ground and if appropriate flight training
applicable to each position for which training is provided under an
AQP.
(b) Approved training on and evaluation of skills and proficiency
of each person being trained under AQP to use his or her resource
management skills and his or her technical (piloting or other) skills
in an actual or simulated operations scenario. For flight crewmembers
this training and evaluation must be conducted in an approved flight
training device, flight simulator, or, if approved under this subpart,
in an aircraft.
(c) Data collection and analysis processes acceptable to the FAA
that will ensure the certificate holder provides performance
information on its crewmembers, dispatchers, instructors, evaluators,
and other operations personnel that will enable the certificate holder
and the FAA to determine whether the form and content of training and
evaluation activities are satisfactorily accomplishing the overall
objectives of the curriculum.
Sec. 121.919 Certification.
A person subject to an AQP is eligible to receive a commercial or
airline transport pilot, flight engineer, or aircraft dispatcher
certificate or appropriate rating based on the successful completion of
training and evaluation events accomplished under that program if the
following requirements are met:
(a) Training and evaluation of required knowledge and skills under
the AQP must meet minimum certification and rating criteria established
by the FAA in parts 61, 63, or 65 of this chapter. The FAA may approve
alternatives to the certification and rating criteria of parts 61, 63,
or 65 of this chapter, including practical test requirements, if it can
be demonstrated that the newly established criteria or requirements
represent an equivalent or better measure of crewmember or dispatcher
competence, operational proficiency, and safety.
(b) The applicant satisfactorily completes the appropriate
qualification curriculum.
(c) The applicant shows competence in required technical knowledge
and skills (e.g., piloting or other) and crew resource management
(e.g., CRM or DRM) knowledge and skills in scenarios (i.e., LOE) that
test both types of knowledge and skills together.
(d) The applicant is otherwise eligible under the applicable
requirements of part 61, 63, or 65 of this chapter.
(e) The applicant has been trained to proficiency on the
certificate holder's approved AQP Qualification Standards as witnessed
by an instructor, check airman, or APD and has passed an LOE
administered by an APD or the FAA.
Sec. 121.921 Training devices and simulators.
(a) Each flight training device or airplane simulator that will be
used in an AQP for one of the following purposes must be evaluated by
the FAA for assignment of a flight training device or flight simulator
qualification level:
(1) Required evaluation of individual or crew proficiency.
(2) Training to proficiency or training activities that determine
if an individual or crew is ready for an evaluation of proficiency.
(3) Activities used to meet recency of experience requirements.
(4) Line Operational Simulations (LOS).
(b) Approval of other training equipment.
(1) Any training equipment that is intended to be used in an AQP
for purposes other than those set forth in paragraph (a) of this
section must be approved by the FAA for its intended use.
(2) An applicant for approval of training equipment under this
paragraph must identify the device by its nomenclature and describe its
intended use.
(3) Each training device approved for use in an AQP must be part of
a continuing program to provide for its serviceability and fitness to
perform its intended function as approved by the FAA.
Sec. 121.923 Approval of training, qualification, or evaluation by a
person who provides training by arrangement.
(a) A certificate holder operating under part 121 or part 135 of
this chapter may arrange to have AQP training, qualification,
evaluation, or certification functions performed by another person (a
``training provider'') if the following requirements are met:
(1) The training provider is certificated under part 119 or 142 of
this chapter.
(2) The training provider's AQP training and qualification
curriculums,
[[Page 54819]]
curriculum segments, or portions of curriculum segments must be
provisionally approved by the FAA. A training provider may apply for
provisional approval independently or in conjunction with a certificate
holder's application for AQP approval. Application for provisional
approval must be made, through the FAA office directly responsible for
oversight of the training provider, to the Manager of the Advanced
Qualification Program.
(3) The specific use of provisionally approved curriculums,
curriculum segments, or portions of curriculum segments in a
certificate holder's AQP must be approved by the FAA as set forth in
Sec. 121.909.
(b) An applicant for provisional approval of a curriculum,
curriculum segment, or portion of a curriculum segment under this
paragraph must show the following requirements are met:
(1) The applicant must have a curriculum for the qualification and
continuing qualification of each instructor and evaluator used by the
applicant.
(2) The applicant's facilities must be found by the FAA to be
adequate for any planned training, qualification, or evaluation for a
certificate holder operating under part 121 or part 135 of this
chapter.
(3) Except for indoctrination curriculums, the curriculum,
curriculum segment, or portion of a curriculum segment must identify
the specific make, model, and series aircraft (or variant) and
crewmember or other positions for which it is designed.
(c) A certificate holder who wants approval to use a training
provider's provisionally approved curriculum, curriculum segment, or
portion of a curriculum segment in its AQP, must show the following
requirements are met:
(1) Each instructor or evaluator used by the training provider must
meet all the qualification and continuing qualification requirements
that apply to employees of the certificate holder that has arranged for
the training, including knowledge of the certificate holder's
operations.
(2) Each provisionally approved curriculum, curriculum segment, or
portion of a curriculum segment must be approved by the FAA for use in
the certificate holder's AQP. The FAA will either provide approval or
require modifications to ensure that each curriculum, curriculum
segment, or portion of a curriculum segment is applicable to the
certificate holder's AQP.
Sec. 121.925 Recordkeeping requirements.
Each certificate holder conducting an approved AQP must establish
and maintain records in sufficient detail to demonstrate the
certificate holder is in compliance with all the requirements of the
AQP and this subpart.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ABOARD SUCH AIRCRAFT
0
13. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
SFAR No. 58 [Removed]
0
14. Remove SFAR No. 58 from part 135.
Sec. 135.1 [Amended]
0
15. Amend Sec. 135.1(a)(4) by removing ``SFAR No. 58'' and adding
``subpart Y of part 121 of this chapter'' in its place each place it
appears.
Issued in Washington, DC on September 7, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-18342 Filed 9-15-05; 8:45 am]
BILLING CODE 4910-13-P