September 12, 2009
What’s at Issue
As detailed in a previous NATA regulatory report, the Federal Aviation Administration (FAA) has released a Final Rule that affects flight training and pilot certification. This rule covers a broad area of topics within flight training and pilot certification regulations including the use of flight simulators and flight training devices. NATA has been reviewing the details of the final rule and became concerned with changes the FAA has made to the use of flight simulators in regards to additional pilot ratings.
Why It’s Important
The changes made to the regulations concerning the use of flight simulators for pilots to gain additional ratings could have disastrous impacts on the training industry and aircraft operators. Prior to these rule changes, the regulations offered some flexibility in the use of flight simulators for type ratings for pilots. The new regulations remove all flexibility and impose a strict standard that will severely reduce the use of flight simulators in training and testing for type ratings.
Major Provisions
Before reviewing the changes made to the regulations governing the use of flight simulators for training and testing for additional ratings, it is instructive to review the FAA’s own comments on the changes. In the final rule issued on August 21, 2009, the FAA states in regards to the rule changes:
“The establishment of this rule merely consolidates the use of flight simulators and flight training devices into (a new) (Part) 61.64. No substantive changes have been made.”
A review of the requirements for the use of a simulator for the training and testing in receiving a type rating in a turbojet aircraft show that drastic limitations have been imposed, despite the FAA’s insistence that no substantive changes have been made.
Current Regulations
Applicant requirements to complete all training and testing (except preflight inspection) for an additional airplane rating without limitations when using a flight simulator:
The applicant must meet one of the following:
- Hold a type rating in a turbojet aircraft of the same class;
- Have 2000 total hours of which 500 are in turbine-powered airplanes of the same class;
- Have 500 hours in aircraft of the same type; or
- Have 1000 hours in two different aircraft requiring a type rating.
If an applicant does not meet any of the above, he or she may still complete training and testing for the type rating in a simulator (except for the preflight inspection) if he or she meets one of the following and receive a rating with a 15-hour supervised operational experience (SOE) requirement.
- Hold a type rating in a propeller driven aircraft
- Within the previous 12 months the applicant has logged
- At least 100 hours of flight time in airplanes of the same class
- At least 25 hours of flight time in airplanes of the same type
An applicant who does not meet the requirements listed above may still be issued an additional rating after successful completion of one of the following requirements:
- Complete a practical test in an aircraft including the following areas
- Preflight inspection;
- Normal takeoff;
- Normal ILS approach;
- Missed approach; and
- Normal landing.
- Complete training and testing in a flight simulator and be issued a rating with a 25-hour supervised operational experience (SOE) requirement
NOTE: The applicants always have a choice: – Accept SOE (15 or 25 hours) or fly an airplane during the practical test.
New Regulations (Effective October 20, 2009)
Applicant requirements to complete all training and testing (except preflight inspection) for an additional airplane rating without limitations when using a flight simulator:
The applicant must meet all of the following:
- Hold a type rating in a turbojet of the same class;
- Have 1000 hours of flight time in two different turbojet aircraft of the same class as the rating desired; and
- Have been appointed by the U.S. Armed Services as a Pilot in Command in a turbojet aircraft of the same class or have 500 hours in the same type of airplane as rating desired.
NOTE : The options have disappeared in this section; applicants must now meet all three requirements.
Type rating applicants not meeting the three requirements above must complete the following elements of the practical test in an aircraft (not a flight simulator) of the category, class and type of the rating desired and have a 25-hour supervised operating experience (SOE) requirement placed on their rating.
- Preflight Inspection
- Normal Takeoff
- Normal Instrument landing System Approach
- Missed Approach
- Normal Landing
NOTE: The option to accept SOE or the airplane check has disappeared.
In the preamble of the final rule, the FAA acknowledges the receipt of comments highlighting and opposing these rule changes. The only response to those comments was that in the FAA’s view no substantive changes were made to the existing regulations in the promulgation of the final rule.
NATA Position
NATA is concerned with the effects this final rule will have on the flight training industry and aircraft operators. By restricting the use of flight simulators for testing for additional ratings, the FAA will greatly increase the cost of training pilots for aircraft operators and increase the workload and cost for performing practical test on the FAA itself. The FAA has failed to provide analysis for the reasons behind this restriction on the use of flight simulators and has even failed to acknowledge that it has restricted the use of flight simulators for training at all. By failing to provide any justification for these changes the FAA has deprived the regulated industry the opportunity to comment effectively on the restrictions being imposed.
Status
NATA believes that the FAA should immediately rescind this final rule in whole or in part until some acknowledgement and justification for these restrictions can be evaluated by the industry and the public. Barring further action by the FAA, the final rule will become effective on October 20, 2009.
Staff Contact: Mike France
Manager of Regulatory Affairs
mfrance@nata.aero