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Friday,

September 16, 2005

Part II

Department of
Transportation
Federal Aviation Administration

14 CFR Parts 61, 65, 121, and 135


Advanced Qualification Program; Final
Rule

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54810 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Small Business Regulatory Enforcement In the NPRM, the FAA included a
Fairness Act detailed history of the development of
Federal Aviation Administration the AQP. We also discussed a
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of recommendation from the National
14 CFR Parts 61, 63, 65, 121, and 135 Transportation Safety Board and
1996 requires the FAA to comply with
[Docket No. FAA–2005–20750; Amendment recommendations from a Joint
small entity requests for information or
Nos. 61–112, 63–33, 65–46, 121–313, 135– Government-Industry Task Force on
advice about compliance with statutes
99] flight crew performance.
and regulations within its jurisdiction. If The FAA received five comments on
RIN 2120–AI59 you are a small entity and you have a the proposed rule. Industry commenters
question regarding this document, you included the Air Line Pilots Association
Advanced Qualification Program may contact its local FAA official, or the International (ALPA), Air Transport
AGENCY: Federal Aviation person listed under FOR FURTHER Association (ATA), Alteon Training LLC
INFORMATION CONTACT. You can find out
Administration (FAA), DOT. (Alteon), American Airlines (American),
more about SBREFA on the Internet at and the Regional Airline Association
ACTION: Final rule.
http://www.faa.gov/ (RAA). The commenters supported the
SUMMARY: This action codifies the regulations_policies/rulemaking/ AQP and the FAA’s proposal to relocate
requirements of the Advanced sbre_act/. the regulations currently found in SFAR
Qualification Program (AQP). Currently, Authority for This Rulemaking No. 58 to 14 CFR part 121, although
the AQP requirements are in a Special they had specific suggestions to revise
Federal Aviation Regulation that expires The FAA’s authority to issue rules the proposed language.
on October 2, 2005. The AQP will about aviation safety is found in Title 49
continue as an alternative regulatory of the United States Code. Subtitle I, General Discussion of Comments
program for airlines seeking more Section 106 describes the authority of RAA believed establishing and
flexibility in training than the the FAA Administrator. Subtitle VII, maintaining an AQP requires excessive
traditional training program allows. The Aviation Programs, describes in more time and resources. ALPA emphasized
intended effect of this rule is to codify detail the scope of the agency’s the need to maintain an approval
the AQP as a permanent, alternative authority. process administered by a national
method of compliance with the FAA’s This rulemaking is promulgated regulatory office. ALPA also submitted
training requirements for carriers. under the authority described in seven general ‘‘Statements of Position’’
DATES: This action is effective October Subtitle VII, Part A, Subpart III, Section about the AQP and suggested that these
3, 2005. 44701, General requirements. Under comments be incorporated to ensure
FOR FURTHER INFORMATION CONTACT: that section, the FAA is charged with flight crewmembers receive equal or
Thomas M. Longridge, AFS–230, Air promoting the safe flight of civil aircraft higher quality training than the training
Transportation Division, Flight in air commerce by prescribing under 14 CFR part 121, subparts N and
Standards Service, Federal Aviation regulations and minimum standards for O. The substance of each statement of
Administration, P.O. Box 20027, Dulles other practices, methods, and position is generally addressed through
International Airport, Washington, DC procedures the Administrator finds existing AQP advisory and guidance
20041–2027; telephone (703) 661–0260; necessary for safety in air commerce and material, and will not be discussed
e-mail: thomas.longridge@faa.gov. For national security. This regulation is further in this document. Likewise, the
issues involving legal interpretation of within the scope of that authority since FAA has made minor editorial and
the regulation, contact Joe Conte, AGC– it permanently codifies the current clarifying changes to the rule language
200, Regulations Division, Office of the requirements and practices of a that will not be discussed further.
Chief Counsel, 800 Independence Ave., regulatory compliance option for the American suggested using more
SW., 20591; telephone (202) 267–3073; training and qualification of aircrew inclusive terms to make the rule
e-mail: joe.conte@faa.gov. personnel, and represents the FAA’s applicable to dispatchers, flight
SUPPLEMENTARY INFORMATION:
continuing efforts to promote aviation attendants, and other operations
safety. personnel. American further asserted
Availability of Rulemaking Documents that Aircrew Program Designee (APD)
Background
You can get an electronic copy using qualifications are the FAA’s
the Internet by: This final rule codifies the responsibility, not the certificate
(1) Searching the Department of requirements of the AQP that are in holder’s responsibility. The carrier
Transportation’s electronic Docket Special Federal Aviation Regulation believed that the discussion in the
Management System (DMS) Web page (SFAR) No. 58, which expires on NPRM implies that the responsibility
(http://dms.dot.gov/search); October 2, 2005. The AQP improves would be borne by the certificate holder
(2) Visiting the Office of Rulemaking’s flight crewmember performance by rather than the FAA.
Web page at http://www.faa.gov/avr/ providing alternative means of The FAA recognizes the AQP may not
arm/index.cfm; or compliance with certain rules and be appropriate for every certificate
(3) Accessing the Government promotes the innovative use of modern holder. The AQP is a voluntary program
Printing Office’s Web page at http:// technology for flight crewmember that entails a strong commitment from
www.gpoaccess.gov/fr/index.html. training. The AQP will continue as an the air carrier to exceed minimum
You can also get a copy by sending a alternative to the traditional training training standards in the greater interest
request to the Federal Aviation program for airlines seeking more of safety. The AQP was established to
Administration, Office of Rulemaking, flexibility in training than the allow a greater degree of regulatory
ARM–1, 800 Independence Avenue traditional program allows. flexibility in the approval of innovative
SW., Washington, DC 20591, or by On March 30, 2005, the FAA training programs. Based on a
calling (202) 267–9680. Make sure to published a notice of proposed documented analysis of operational
identify the amendment number or rulemaking (NPRM), ‘‘Advanced requirements, a certificate holder under
docket number of this rulemaking. Qualification Program’’ (70 FR 16370). AQP may propose to depart from

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Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54811

traditional practices with respect to performance data of an individual pilot (DRM) tasks that are technical in nature
what, how, when, and where training is protected or confidential. ALPA does and easily measured. ALPA also noted
and testing is conducted. Detailed AQP support the collection of the required the difficulty of training instructors and
documentation requirements, data de-identified data since the AQP evaluators to assess CRM performance
collection, and analysis provide the analysis requires sensitive grading on an objective scale in a consistent
FAA and the operator the tools scales beyond the traditional pass-fail manner.
necessary to monitor and administer binary scale. The intent of an LOE is to evaluate
adequately an AQP. American recommended excluding and verify that an individual’s job
The FAA plans to maintain the instructors and evaluators for the data knowledge, technical skills, and
current AQP approval process as collection process and adding resource management skills are
indicated by § 121.909, Approval of dispatchers. commensurate with AQP qualification
Advanced Qualification Program. The The rule language provides the standards. Training of resource
process includes program review by maximum protection for the submitted management is mandatory. A means of
both the National program office and the information and is not redundant. A evaluating the effectiveness of such
local FAA office responsible for request is required for each submission training is also mandatory, but pass/fail
approval of the certificate holder’s to protect against inadvertent standards for resource management
operations specifications. disclosures. AQP data collection is competency are not required. Applicant-
The FAA acknowledges that part of required for all AQP curriculums as developed evaluation strategies must at
the responsibility for APD training defined by each carrier’s approved AQP least include provisions for assessing
resides with the FAA. However, the data collection and analysis section of the extent to which poor resource
APD still must maintain all the certificate holder’s Implementation management skills are a contributory
qualifications required of the duty & Operations Plan (I&O Plan). Data factor in a failure to meet technical
position including crew or dispatch collection requirements for the AQP
standards of operational performance in
qualifications. The prohibition against will vary with the curriculum, the type
validations and evaluations.
using a person in operations under this of curriculum activity (training,
part who has not accomplished the validation, or evaluation), the type of Each AQP (including provisional AQP
required training and evaluation also participant (crewmember, instructor, or curriculums for training centers) must
would extend to an APD. evaluator), and the overall management provide instructor and evaluator
The FAA has changed several sections objectives for use of the data. The FAA indoctrination, qualification, and
to ensure the AQP is applicable to has established the minimal continuing qualification curriculums.
dispatchers, flight attendants, and other requirements for submitting de- These requirements include a separate
operations personnel. For example, the identified data by curriculum. job task analysis, qualification
FAA replaced ‘‘flight instructor’’ with The data requirements set forth in standards, curriculum(s), and
the more inclusive ‘‘instructor’’ where § 121.917(c), which must be submitted curriculum outlines focusing on the
appropriate. In § 121.919, the FAA to the FAA for analysis and validation, instructor/evaluator duty positions. The
replaced ‘‘airmen competence’’ with is without names or other elements that program must define the minimum
‘‘crewmember or dispatcher would identify an individual or group of requirements each category of
competence.’’ individuals. The information is instructor/evaluator will accomplish to
analyzed to monitor the effectiveness of stay current. All instructors and
Confidential Information and Data AQP training, not to monitor individual evaluators will receive instruction and
Collection Requirements (§§ 121.905 crewmember, dispatcher, or other evaluation in resource management
and 121.917) operations personnel. Instructor/ objectives and training methods. Also, a
This rule provides a procedure for Evaluator specific data are limited to standardization program is required to
carriers using AQP to request their grading decisions. The FAA data establish uniform grading criteria,
confidential treatment of data, provisions do not require participants to address reliability between instructors/
submitted in accordance with identify Instructors/Evaluators when evaluators, and develop remediation
§ 121.917(c), at the time the submission they are being evaluated as procedures.
is made. While this mechanism does not crewmembers, dispatchers, or other Qualification Curriculum (§ 121.913)
create any new protections for the operations personnel. Dispatchers and
carriers, it reduces the risk of an other operations personnel will be The AQP requires each participant to
inadvertent disclosure of confidential added to the data collection use an instruction system design
business information by the FAA by requirements. We note, however, that methodology to develop every AQP
providing a procedure for claiming AQP participants still must comply with curriculum. These methodologies
protection under an existing Freedom of the record keeping requirements set require that users translate tasks into
Information Act exemption. forth in § 121.925, discussed below. terminal proficiency objectives and
American stated that justification for subtasks into supporting proficiency
confidential treatment of the data Definitions (§ 121.907) objectives. The user then must measure
information required by proposed ALPA stated the wording in the student performance against proficiency
§ 121.917(c) that is attached to each definition of ‘‘Line operational objectives and qualification standards
submission is redundant, and suggested evaluation (LOE)’’ leads the reader to for all curriculums. American
justification be required only with the believe the purpose of the LOE is to recommended replacing ‘‘task’’ with
initial submission. RAA, ALPA, evaluate Crew Resource Management ‘‘objective’’ throughout the rule.
American, and ATA also commented (CRM) and technical skills. ALPA was American observed the AQP job task
about the data collection requirements. opposed to any evaluation that is not analysis includes tasks and subtasks,
ALPA stated that while the intent of the based on well-defined qualification but training under AQP is based on
proposal is to protect the confidentiality standards of technical proficiency. terminal and supporting proficiency
of the training organization by ALPA is not opposed to qualification objectives. In the final rule where
submitting confidential performance standards that specify CRM or appropriate, we replaced ‘‘flight task/
data, there is no assurance that Dispatcher Resource Management task’’ with ‘‘proficiency objective.’’

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54812 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations

Continuing Qualification Curriculum periods. All critical proficiency AQP for dispatchers would be required
(§ 121.915) objectives are accomplished during each to incorporate an operational scenario,
Each AQP participant is required to evaluation period. Critical tasks are the scenario probably would not be
develop a continuing qualification proficiency objectives that are trained, termed an LOE. American
curriculum to ensure that during each validated, or evaluated more often recommended changing wording from
qualification cycle, each person during an AQP. Each evaluation period ‘‘knowledge and skills in scenarios (i.e.,
qualified under an AQP, including must include at least one training LOE)’’ to ‘‘knowledge and skills in
instructors and evaluators, will receive session, but may include more. Initially, operational scenarios (i.e., LOE for
a mix of training and evaluation on all training sessions cannot be more than crewmembers).’’
events and subjects necessary to 12 months (plus or minus one month) American also observed that
maintain proficiency. American apart. Also a proficiency evaluation § 121.919(e) lists the types of instructors
recommends rewording § 121.915(a)(1), must be completed during each and evaluators who can certify training
evaluation period. The strategies of applicants and requires applicants to
Evaluation Period, to remove ‘‘ground
employed for training and the facilities pass an LOE. They noted the list of
and flight’’ and adding ‘‘or via a
used by participants are approved as
methodology approved by the FAA.’’ instructors does not include dispatch
part of the AQP.
American suggests that the new instructor and the paragraph does not
The language regarding line checks is
sentence read: ‘‘Each person qualified consistent with existing exemptions that allow for other types of operational
under an AQP must receive training and have been granted to some AQP evaluations for dispatchers. They
an evaluation of proficiency during each certificate holders to allow a longer recommend changing the wording to
evaluation period at a training facility or period between line checks in exchange read, ‘‘* * * as witnessed by an
via a methodology approved by the for such no-notice line checks. The no- instructor, check airman, or APD, as
FAA.’’ American also contends that notice feature of the random line check appropriate for the duty position, and
§ 121.915(a)(1) requiring flight training procedure provides evaluators with an has passed an operational evaluation
may exclude dispatchers, and requiring increased opportunity to observe typical (i.e., LOE for crewmembers).’’
that all ground training be conducted at behavior, and the requirement for The concept and term LOE applies
a training facility excludes the use of conducting such checks over all equally to all personnel covered under
distributed training methods. geographic routes better assures such an AQP. Evaluation of proficiency is
American also believes the rule information is representative of defined as an LOE or equivalent
should state a line check must be performance over the airline’s entire evaluation under an AQP acceptable to
completed during each evaluation operation. the FAA. We changed § 121.919 to be
period instead of specifying ‘‘in the Language in exemptions from the inclusive of other positions (including
calendar month at the midpoint of the random line check requirement plainly dispatchers).
evaluation period.’’ The carrier says the FAA expects the line check to
suggested scheduling a line check to be no-notice. These exemptions state Approval of Training, Qualification, or
occur in a specific month for each that ‘‘FAA finds that this relief provides Evaluation by a Person Who Provided
certificate holder’s PIC is an onerous an equivalent level of safety by virtue of Training by Arrangement (§ 121.923)
and unnecessary scheduling task for addressing the operational line
most carriers that goes beyond the The rule sets forth the conditions for
performance of the entire crew, rather a certificate holder under part 121 or
annual line check requirements of than only the pilot-in-command. The
§ 121.440(a). American asserted the no- part 135 to arrange for AQP training by
FAA further finds that conducting line a separate training provider. Alteon
notice line check paragraph implies that checks on a no-notice, randomly
these line checks should be complete objected to provisional approval for
administered basis should enhance their AQP training providers and suggested
surprises. It pointed out that, while utility as an overall gauge of operational
carriers may not ‘‘notify’’ crewmembers that §§ 121.923(a) and (b) be rewritten.
safety.’’ Alteon further stated the specific use of
before an impending line check, the The FAA recognizes the pilot-in-
checks are not surprises. provisionally approved curriculums,
command (PIC) will review the flight
The FAA has changed § 121.915(a)(1) curriculum segments, or portions of
paperwork and will have some very
to read, in pertinent part, ‘‘to receive curriculum segments in a training
short-term prior knowledge of the line
ground and flight training (as provider’s AQP should be approved by
check (because of security concerns,
appropriate) and an evaluation of the FAA.
weight and balance issues, and
proficiency during each evaluation scheduling requirements). However, we In § 121.923, provisional approval is
period at a training facility.’’ This is expect that in the time prior to the PIC meant to allow a training center to
similar to the language that appeared in receiving the flight paperwork about the develop and market an AQP that could
SFAR 58: ‘‘To receive a training session line check flight, the AQP participant be tailored by contracting participants to
and an evaluation of proficiency during will have maintained the random no- meet their particular needs. The major
each evaluation period at a training notice requirement. difference between developing an AQP
facility.’’ The requirement does not by a training center and by an air carrier
preclude the use of distributed training Certification (§ 121.919) is the training center can develop
as long as the distributed training The rule describes the means by generic AQP documentation and
methodology has been approved as part which a person subject to an AQP is individual curriculum segments. This
of the AQP curriculum. Section eligible to receive a commercial or documentation is given a provisional
121.915(a) refers to the continuing airline transport pilot, flight engineer, or approval. A provisional AQP allows a
qualification cycle whereas aircraft dispatcher certificate or training center to accomplish front-end
§ 121.915(a)(1) refers to the evaluation appropriate rating based on the AQP development and to offer its
period. The initial approval for a successful completion of AQP training. services as an approved AQP provider
continuing qualification cycle is no American observed that § 121.919(c) before establishing a contract or other
more than 24 months in duration, refers to LOE scenarios as an exclusive arrangements with a specific certificate
divided into two 12-month evaluation measure of competence. They noted an holder.

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Recordkeeping Requirements requirements. As required by the The estimated 2-hour burden is the
(§ 121.925) Paperwork Reduction Act of 1995 (44 time required to transform the data
Like traditional training programs U.S.C. 3507(d)), the FAA has submitted already produced monthly by the
under part 121 and part 135, the AQP the information requirements associated certificate holder as part of an approved
requires that each certificate holder with this final rule to the Office of AQP into the appropriate form for use
conducting an approved AQP establish Management and Budget for its review. by the FAA.
and maintain records in sufficient detail The OMB control number assigned to Currently sixteen airlines and two
to demonstrate that the certificate this collection of information is 2120– manufacturers have voluntarily
holder is in compliance with all AQP 0701. established AQP programs. However,
requirements. ALPA believes AQP Summary: AQP is an existing rule and not all the participants’ aircraft fleet
training and checking records the data required by that rule is types (personnel) are covered by an
maintained by a company should not currently being submitted to the AQP. Based on a cost-benefit study from
contain more data that is accessible Agency. Data collection and analysis of certificate holders with existing AQP
through the Pilot Records Improvement data is a fundamental part of AQP. AQP programs, the average cost of an AQP
Act (PRIA) than it would under is continuously validated through analyst is $60 per hour. Therefore, the
traditional programs. The regulatory collecting and analyzing trainee cost of this burden is:
performance. Data collection and • Industry per annum (432 hours)—
language to that end should be identical.
The recordkeeping process in AQP analysis processes ensure the certificate $25,920
holder provides performance • Each participant per annum (24
does not differ from traditional
information on its crewmembers, hours)—$1440
recordkeeping requirements. The intent
of § 121.925, Recordkeeping, is that instructors, and evaluators that will Regulatory Analyses
AQP participants may maintain a record enable the certificate holder and the
Final rules to Federal regulations
keeping system based on the standard FAA to determine whether the form and
must undergo several economic
14 CFR part 121 or 135 (i.e., § 121.683), content of training and evaluation
analyses. First, Executive Order 12866
recordkeeping requirements. Section activities are satisfactorily directs that each Federal agency shall
121.925, Recordkeeping, is based on accomplishing the overall objectives of propose or adopt a regulation only upon
existing SFAR No. 58, section 12, with the curriculum. a reasoned determination that the
no substantive changes. Individual Use of: The Voluntary Safety
benefits of the intended regulation
recordkeeping by certificate holders is Programs Branch, AFS–230, receives the
justify its costs. Second, the Regulatory
needed to show whether each AQP data monthly to monitor program
Flexibility Act of 1980 (RFA), codified
crewmember, aircraft dispatcher, or compliance, effectiveness, and
at 5 U.S.C. 601–611, requires agencies to
other operations personnel is in efficiency. AFS–230 processes the
analyze the economic impact of
compliance with the AQP and subpart information for errors and omissions
regulatory changes on small entities.
Y. Thus, for example, under an AQP, if then analyzes the data. The FAA
Third, the Trade Agreements Act (19
a pilot is identified for augmented principal operations inspector (POI)
U.S.C. 2531–2533) prohibits agencies
training, the satisfactory or responsible for oversight of the
from setting standards that create
unsatisfactory completion of that certificate holder reviews the analyzed
unnecessary obstacles to the foreign
training and the date must be recorded data. The POI and his staff make use of
commerce of the United States. In
and maintained in the carrier’s training this information to monitor training
developing U.S. standards, this Trade
records for that pilot. The recordkeeping trends, to identify areas in need of
Act requires agencies to consider
requirement of § 121.925 is a separate corrective action, to plan targeted
international standards and, where
function from the data collected and surveillance of curriculums, and to
appropriate, that they be the basis for
analyzed under the requirements of verify that corrective action is effective.
U.S. standards. Fourth, the Unfunded
§ 121.917(c). In general, this information is used to
Mandates Reform Act of 1995 (Pub. L.
provide an improved basis for
International Compatibility 104–4) requires agencies to prepare a
curriculum approval and monitoring, as
In keeping with U.S. obligations written assessment of the costs, benefits,
well as agency decisions about air
under the Convention on International and other effects of proposed or final
carrier training regulation and policy.
Civil Aviation, it is FAA policy to Respondents (including number of): rules that include a Federal mandate
comply with International Civil The likely respondents to this proposed likely to result in the expenditure by
Aviation Organization (ICAO) Standards data collection requirement are 16 State, local, or tribal governments, in the
and Recommended Practices to the airlines and 2 manufacturers. aggregate, or by the private sector, of
maximum extent practicable. The FAA Frequency: The frequency of data $100 million or more annually (adjusted
has determined there are no ICAO collection is monthly. for inflation.)
Standards and Recommended Practices Annual Burden Estimate: Affected The Department of Transportation
that correspond to these proposed firms already incur annual Order DOT 2100.5 prescribes policies
regulations. recordkeeping and reporting burden as and procedures for simplification,
follows: analysis, and review of regulations. If it
Paperwork Reduction Act is determined the expected cost impact
• Number of respondents with
According to the 1995 amendments to approved AQPs: 18 is so minimal that a proposal does not
the Paperwork Reduction Act (5 CFR • Frequency of response per warrant a full evaluation, this order
1320.8(b)(2)(vi)), an agency may not respondent: Monthly. allows a statement to that effect, and the
collect or sponsor collecting • Estimated number of hours per basis for it, to be included in the
information, nor may it impose an respondent to prepare information to be preamble. In this case, a full regulatory
information collection requirement submitted to the FAA: 2.0 evaluation cost-benefit evaluation need
unless it displays a currently valid OMB • Estimated annual hour burden per not be prepared. Such a determination
control number. respondent: 24 has been made for this rule.
This proposal contains the following • Total estimated hours of industry This final rule will make permanent
new information collection burden: 432 the AQP, an existing temporary

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54814 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations

regulatory alternative for operators to Trade Impact Assessment paragraph 312f and involves no
comply with carrier training The Trade Agreements Act of 1979 extraordinary circumstances.
requirements. The AQP is not prohibits Federal agencies from
mandatory. It is left up to the discretion Regulations That Significantly Affect
establishing any standards or engaging Energy Supply, Distribution, or Use
of the individual certificate holder as to in related activities that create
whether to adopt the AQP or not. The unnecessary obstacles to the foreign The FAA has analyzed this final rule
FAA assumes that certificate holders commerce of the United States. under Executive Order 13211, Actions
will do so only if it improves their Legitimate domestic objectives, such as Concerning Regulations that
training effectiveness and safety or is safety, are not considered unnecessary Significantly Affect Energy Supply,
otherwise in their economic interest. In obstacles. The statute also requires Distribution, or Use (66 FR 28355, May
the NPRM, the FAA stated that it consideration of international standards 18, 2001). We have determined that it is
expected the outcome will have a and, where appropriate, that they be the not a ‘‘significant energy action’’ under
minimal impact, and a regulatory basis for U.S. standards. The FAA has the executive order, because it is not a
evaluation was not prepared. The FAA assessed the potential effect of this final ‘‘significant regulatory action’’ under
also solicited comments in that NPRM rule and determined that it will have Executive Order 12866, and it is not
from the aviation community about the only a domestic impact and therefore no likely to have a significant adverse effect
FAA determination of minimal impact. effect on any trade-sensitive activity. on the supply, distribution, or use of
The FAA received no comments to this
Unfunded Mandates Reform Act energy.
effect. Therefore, the FAA still expects
that this rule will not impose any The Unfunded Mandates Reform Act List of Subjects
additional net cost burden on the of 1995 (the Act), enacted as Public Law
industry. 14 CFR Part 61
104–4 on March 22, 1995, is intended,
Regulatory Flexibility Determination among other things, to curb the practice Air safety, Air transportation,
of imposing unfunded Federal mandates Aviation safety, Safety.
The RFA establishes ‘‘as a principle of on State, local, and tribal governments.
regulatory issuance that agencies shall Title II of the Act requires each Federal 14 CFR Part 63
endeavor, consistent with the objective agency to prepare a written statement Air safety, Air transportation, Airmen,
of the rule and of applicable statutes, to assessing the effects of any Federal Aviation safety, Safety, Transportation.
fit regulatory and informational mandate in a proposed or final agency
requirements to the scale of the rule that may result in an expenditure 14 CFR Part 65
business, organizations, and of $100 million or more (adjusted
governmental jurisdictions subject to annually for inflation) in any one year Airmen, Aviation safety, Air
regulation.’’ To achieve that principle, by State, local, and tribal governments, transportation, Aircraft.
the RFA requires agencies to solicit and in the aggregate, or by the private sector; 14 CFR Part 121
consider flexible regulatory proposals such a mandate is deemed to be a
and to explain the rationale for their ‘‘significant regulatory action.’’ The Aircraft pilots, Airmen, Aviation
actions. The RFA covers a wide-range of FAA currently uses an inflation- safety, Pilots, Safety.
small entities, including small adjusted value of $120.7 million instead
businesses, not-for-profit organizations of $100 million. 14 CFR Part 135
and small governmental jurisdictions. This final rule does not contain such Air carriers, Air transportation,
Agencies must perform a review to a mandate. The requirements of Title II Airmen, Aviation safety, Safety, Pilots.
determine whether a proposed or final do not apply.
rule will have a significant economic The Amendment
Executive Order 13132, Federalism
impact on a substantial number of small
entities. If the agency determines that it The FAA has analyzed this final rule ■ The Federal Aviation Administration
will, the agency must prepare a under the principles and criteria of is amending parts 61, 63, 65, 121, and
regulatory flexibility analysis as Executive Order 13132, Federalism. We 135 of Title 14, Code of Federal
described in the RFA. have determined that this action will Regulations (14 CFR parts 61, 63, 65,
not have a substantial direct effect on 121 and 135) as follows:
However, if an agency determines that the States, or the relationship between
a proposed or final rule is not expected the National Government and the States, PART 61—CERTIFICATION: PILOTS,
to have a significant economic impact or on the distribution of power and FLIGHT INSTRUCTORS, AND GROUND
on a substantial number of small responsibilities among the various INSTRUCTORS
entities, section 605(b) of the RFA levels of government. Therefore, we
provides the head of the agency may so have determined that this final rule does ■ 1. The authority citation for part 61
certify and a regulatory flexibility not have federalism implications. continues to read as follows:
analysis is not required. The
Environmental Analysis Authority: 49 U.S.C. 106(g), 40113, 44701–
certification must include a statement
44703, 44707, 44709–44711, 45102–45103,
providing the factual basis for this FAA Order 1050.1E identifies FAA 45301–45302.
determination, and the reasoning should actions that are categorically excluded
be clear. from preparation of an environmental SFAR No. 58 [Removed]
Because the rule is voluntary and thus assessment or environmental impact
will not impose compliance costs, the statement under the National ■ 2. Remove SFAR No, 58 from part 61.
FAA Administrator certifies the rule Environmental Policy Act in the § 61.58 [Amended]
will not have a significant economic absence of extraordinary circumstances.
impact on a substantial number of small The FAA has determined this ■ 3. Amend § 61.58(b) by removing
air carriers. We solicited comments and rulemaking action qualifies for the ‘‘SFAR 58’’ and adding ‘‘subpart Y of
received none. categorical exclusion identified in part 121 of this chapter’’ in its place.

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PART 63—CERTIFICATION: FLIGHT 121.913 Qualification curriculum. an AQP unless that AQP has been
CREWMEMBERS OTHER THAN 121.915 Continuing qualification approved by the FAA and the person
curriculum. complies with all the requirements of
PILOTS
121.917 Other requirements. the AQP and this subpart.
■ 4. The authority citation for part 63 121.919 Certification.
121.921 Training devices and simulators.
(c) No certificate holder that conducts
continues to read as follows: its training program under this subpart
121.923 Approval of training, qualification,
Authority: 49 U.S.C. 106(g), 40108, 40113, or evaluation by a person who provides may use any person nor may any person
44701–44703, 44710, 44712, 44714, 44716, training by arrangement. serve in any duty position as a required
44717, 44722, 45303. 121.925 Recordkeeping requirements. crewmember, an aircraft dispatcher, an
instructor, or an evaluator, unless that
SFAR No. 58 [Removed] Subpart Y—Avanced Qualification person has satisfactorily accomplished,
■ 5. Remove SFAR No. 58 from part 63. Program in a training program approved under
§ 121.901 Purpose and eligibility.
this subpart for the certificate holder,
PART 63—[NOMENCLATURE the training and evaluation of
CHANGE] (a) Contrary provisions of parts 61, 63, proficiency required by the AQP for that
65, 121, 135, and 142 of this chapter type airplane and duty position.
■ 6. Amend part 63 by removing ‘‘SFAR
notwithstanding, this subpart provides (d) All documentation and data
58’’ and adding ‘‘subpart Y of part 121
for approval of an alternative method required under this subpart must be
of this chapter’’ in its place wherever it
(known as ‘‘Advanced Qualification submitted in a form and manner
occurs in the part.
Program’’ or ‘‘AQP’’) for qualifying, acceptable to the FAA.
PART 65—CERTIFICATION: AIRMEN training, certifying, and otherwise (e) Any training or evaluation
OTHER THAN FLIGHT ensuring competency of crewmembers, required under an AQP that is
CREWMEMBERS aircraft dispatchers, other operations satisfactorily completed in the calendar
personnel, instructors, and evaluators month before or the calendar month
■ 7. The authority citation for part 65 who are required to be trained under after the calendar month in which it is
continues to read as follows: parts 121 and 135 of this chapter. due is considered to have been
Authority: 49 U.S.C. 106(g), 40113, 44701– (b) A certificate holder is eligible completed in the calendar month it was
44703, 44707, 44709–44711, 45102–45103, under this subpart if the certificate due.
45301–45302. holder is required or elects to have an
approved training program under § 121.905 Confidential commercial
SFAR No. 58 [Removed] §§ 121.401, 135.3(c), or 135.341 of this information.
■ 8. Remove SFAR No. 58 from part 65. chapter. (a) Each certificate holder that claims
(c) A certificate holder obtains that AQP information or data it is
PART 65—[NOMENCLATURE approval of each proposed curriculum submitting to the FAA is entitled to
CHANGE] under this AQP as specified in confidential treatment under 5 U.S.C.
§ 121.909. 552(b)(4) because it constitutes
■ 9. Amend part 65 by removing ‘‘SFAR confidential commercial information as
58’’ and adding ‘‘subpart Y of part 121 § 121.903 General requirements for
described in 5 U.S.C. 552(b)(4), and
of this chapter’’ in its place wherever it Advanced Qualification Programs.
should be withheld from public
occurs in the part. (a) A curriculum approved under an disclosure, must include its request for
AQP may include elements of existing confidentiality with each submission.
PART 121—OPERATING training programs under part 121 and
REQUIREMENTS: DOMESTIC, FLAG, (b) When requesting confidentiality
part 135 of this chapter. Each for submitted information or data, the
AND SUPPLEMENTAL OPERATIONS curriculum must specify the make, certificate holder must:
■ 10. The authority citation for part 121 model, series or variant of aircraft and (1) If the information or data is
continues to read as follows: each crewmember position or other transmitted electronically, embed the
positions to be covered by that claim of confidentiality within the
Authority: 49 U.S.C. 106(g), 40113, 40119, curriculum. Positions to be covered by
41706, 44101, 44701–44702, 44705, 44709– electronic record so the portions
the AQP must include all flight claimed to be confidential are readily
44711, 44713, 44716–44717, 44722, 44901,
44903–44904, 44912, 45101–45105, 46105,
crewmember positions, flight apparent when received and reviewed.
46301. instructors, and evaluators and may (2) If the information or data is
include other positions, such as flight submitted in paper format, place the
SFAR No. 58 [Removed] attendants, aircraft dispatchers, and word ‘‘CONFIDENTIAL’’ on the top of
■ 11. Remove Special Federal Aviation other operations personnel. each page containing information or
Regulation (SFAR) No. 58.—Advanced (b) Each certificate holder that obtains data claimed to be confidential.
Qualification Program from part 121. approval of an AQP under this subpart (3) Justify the basis for a claim of
■ 12. Add subpart Y to read as follows:
must comply with all the requirements confidentiality under 5 U.S.C. 552(b)(4).
of the AQP and this subpart instead of
Subpart Y—Advanced Qualification the corresponding provisions of parts § 121.907 Definitions.
Program 61, 63, 65, 121, or 135 of this chapter. The following definitions apply to
Sec. However, each applicable requirement this subpart:
121.901 Purpose and eligibility. of parts 61, 63, 65, 121, or 135 of this Crew Resource Management (CRM)
121.903 General requirements for Advanced chapter, including but not limited to means the effective use of all the
Qualification Programs. practical test requirements, that is not resources available to crewmembers,
121.905 Confidential commercial
information
specifically addressed in the AQP including each other, to achieve a safe
121.907 Definitions. continues to apply to the certificate and efficient flight.
121.909 Approval of Advanced holder and to the individuals being Curriculum outline means a listing of
Qualification Program. trained and qualified by the certificate each segment, module, lesson, and
121.911 Indoctrination curriculum. holder. No person may be trained under lesson element in a curriculum, or an

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54816 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations

equivalent listing acceptable to the to training activities at a facility AQP curriculum, the certificate holder
FAA. approved by the FAA for that purpose. must establish an initial justification
Evaluation of proficiency means a Variant means a specifically and a continuing process approved by
Line Operational Evaluation (LOE) or an configured aircraft for which the FAA the FAA to show how the AQP
equivalent evaluation under an AQP has identified training and curriculum provides an equivalent level
acceptable to the FAA. qualifications that are significantly of safety for each requirement that is to
Evaluator means a person who different from those applicable to other be replaced.
assesses or judges the performance of aircraft of the same make, model, and (c) Application and transition. Each
crewmembers, instructors, other series. certificate holder that applies for one or
evaluators, aircraft dispatchers, or other more advanced qualification
operations personnel. § 121.909 Approval of Advanced curriculums must include as part of its
First Look means the assessment of Qualification Program.
application a proposed transition plan
performance to determine proficiency (a) Approval process. Application for (containing a calendar of events) for
on designated flight tasks before any approval of an AQP curriculum under moving from its present approved
briefing, training, or practice on those this subpart is made, through the FAA training to the advanced qualification
tasks is given in the training session for office responsible for approval of the program training.
a continuing qualification curriculum. certificate holder’s operations (d) Advanced Qualification Program
First Look is conducted during an AQP specifications, to the Manager of the revisions or rescissions of approval. If
continuing qualification cycle to Advanced Qualification Program. after a certificate holder begins training
determine trends of degraded (b) Approval criteria. Each AQP must and qualification under an AQP, the
proficiency, if any, due in part to the have separate curriculums for FAA finds the certificate holder is not
length of the interval between training indoctrination, qualification, and meeting the provisions of its approved
sessions. continuing qualification (including AQP, the FAA may require the
Instructional systems development upgrade, transition, and requalification), certificate holder, pursuant to
means a systematic methodology for as specified in §§ 121.911, 121.913, and § 121.405(e), to make revisions. Or if
developing or modifying qualification 121.915. All AQP curriculums must be otherwise warranted, the FAA may
standards and associated curriculum based on an instructional systems withdraw AQP approval and require the
content based on a documented analysis development methodology. This certificate holder to submit and obtain
of the job tasks, skills, and knowledge methodology must incorporate a approval for a plan (containing a
required for job proficiency. thorough analysis of the certificate schedule of events) that the certificate
Job task listing means a listing of all holder’s operations, aircraft, line holder must comply with and use to
tasks, subtasks, knowledge, and skills environment and job functions. All AQP transition to an approved training
required for accomplishing the qualification and continuing program under subpart N of this part or
operational job. qualification curriculums must integrate under subpart H of part 135 of this
Line Operational Evaluation (LOE) the training and evaluation of CRM and chapter, as appropriate. The certificate
means a simulated line environment, technical skills and knowledge. An holder may also voluntarily submit and
the scenario content of which is application for approval of an AQP obtain approval for a plan (containing a
designed to test integrating technical curriculum may be approved if the schedule of events) to transition to an
and CRM skills. program meets the following approved training program under
Line Operational Simulation (LOS) requirements: subpart N of this part or under subpart
means a training or evaluation session, (1) The program must meet all the H of part 135 of this chapter, as
as applicable, that is conducted in a requirements of this subpart. appropriate.
simulated line environment using (2) Each indoctrination, qualification, (e) Approval by the FAA. Final
equipment qualified and approved for and continuing qualification AQP, and approval of an AQP by the FAA
its intended purpose in an AQP. derivatives must include the following indicates the FAA has accepted the
Planned hours means the estimated documentation: justification provided under paragraph
amount of time (as specified in a (i) Initial application for AQP. (b)(4) of this section and the applicant’s
curriculum outline) that it takes a (ii) Initial job task listing. initial justification and continuing
typical student to complete a segment of (iii) Instructional systems process establish an equivalent level of
instruction (to include all instruction, development methodology. safety for each requirement of parts 61,
demonstration, practice, and evaluation, (iv) Qualification standards 63, 65, 121, and 135 of this chapter that
as appropriate, to reach proficiency). document. is being replaced.
Qualification standard means a (v) Curriculum outline.
statement of a minimum required (vi) Implementation and operations § 121.911 Indoctrination curriculum.
performance, applicable parameters, plan. Each indoctrination curriculum must
criteria, applicable flight conditions, (3) Subject to approval by the FAA, include the following:
evaluation strategy, evaluation media, certificate holders may elect, where (a) For newly hired persons being
and applicable document references. appropriate, to consolidate information trained under an AQP: The certificate
Qualification standards document about multiple programs within any of holder’s policies and operating practices
means a single document containing all the documents referenced in paragraph and general operational knowledge.
the qualification standards for an AQP (b)(2) of this section. (b) For newly hired crewmembers and
together with a prologue that provides a (4) The Qualification Standards aircraft dispatchers: General
detailed description of all facets of the Document must indicate specifically the aeronautical knowledge appropriate to
evaluation process. requirements of the parts 61, 63, 65, the duty position.
Special tracking means assigning a 121, or 135 of this chapter, as (c) For instructors: The fundamental
person to an augmented schedule of applicable, that would be replaced by an principles of the teaching and learning
training, checking, or both. AQP curriculum. If a practical test process; methods and theories of
Training session means a requirement of parts 61, 63, 65, 121, or instruction; and the knowledge
contiguously scheduled period devoted 135 of this chapter is replaced by an necessary to use aircraft, flight training

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devices, flight simulators, and other (e) For evaluators: The requirements Ground training including a general
training equipment in advanced of paragraph (d)(1) of this section plus review of knowledge and skills covered
qualification curriculums, as the following, as appropriate: in qualification training, updated
appropriate. (1) Training and evaluation activities information on newly developed
(d) For evaluators: General evaluation that are aircraft and equipment specific procedures, and safety information.
requirements of the AQP; methods of to qualify a person to assess the (iii) For crewmembers, instructors,
evaluating crewmembers and aircraft performance of persons who operate or evaluators, and other operational
dispatchers and other operations who ensure the safe operation of, a personnel who conduct their duties in
personnel, as appropriate, and policies particular make, model, and series flight: Proficiency training in an aircraft,
and practices used to conduct the kinds aircraft (or variant). flight training device, flight simulator,
of evaluations particular to an AQP (e.g., (2) A list of and text describing the or other equipment, as appropriate, on
LOE). knowledge requirements, subject normal, abnormal, and emergency flight
materials, job skills, and qualification procedures and maneuvers.
§ 121.913 Qualification curriculum. standards of each procedure and (iv) For dispatchers and other
Each qualification curriculum must proficiency objective to be trained and operational personnel who do not
contain training, evaluation, and evaluated. conduct their duties in flight: ground
certification activities, as applicable for (3) A list of and text describing training including a general review of
specific positions subject to the AQP, as evaluation/remediation strategies, knowledge and skills covered in
follows: standardization policies and recency qualification training, updated
(a) The certificate holder’s planned requirements. information on newly developed
hours of training, evaluation, and procedures, safety related information,
supervised operating experience. § 121.915 Continuing qualification
curriculum. and, if applicable, a line observation
(b) For crewmembers, aircraft
Each continuing qualification program.
dispatchers, and other operations
curriculum must contain training and (v) For instructors and evaluators:
personnel, the following:
evaluation activities, as applicable for Proficiency training in the type flight
(1) Training, evaluation, and
specific positions subject to the AQP, as training device or the type flight
certification activities that are aircraft-
follows: simulator, as appropriate, regarding
and equipment-specific to qualify a
(a) Continuing qualification cycle. A training equipment operation. For
person for a particular duty position on,
continuing qualification cycle that instructors and evaluators who are
or duties related to the operation of, a
ensures that during each cycle each limited to conducting their duties in
specific make, model, series, or variant
person qualified under an AQP, flight simulators or flight training
aircraft.
(2) A list of and text describing the including instructors and evaluators, devices: Training in operational flight
knowledge requirements, subject will receive a mix that will ensure procedures and maneuvers (normal,
materials, job skills, and qualification training and evaluation on all events abnormal, and emergency).
standards of each proficiency objective and subjects necessary to ensure that (b) Evaluation of performance.
to be trained and evaluated. each person maintains proficiency in Continuing qualification must include
(3) The requirements of the certificate knowledge, technical skills, and evaluation of performance on a sample
holder’s approved AQP program that are cognitive skills required for initial of those events and major subjects
in addition to or in place of, the qualification in accordance with the identified as diagnostic of competence
requirements of parts 61, 63, 65, 121 or approved continuing qualification AQP, and approved for that purpose by the
135 of this chapter, including any evaluation/remediation strategies, and FAA. The following evaluation
applicable practical test requirements. provisions for special tracking. Each requirements apply:
(4) A list of and text describing continuing qualification cycle must (1) Evaluation of proficiency as
operating experience, evaluation/ include at least the following: follows:
remediation strategies, provisions for (1) Evaluation period. Initially the (i) For pilots in command, seconds in
special tracking, and how recency of continuing qualification cycle is command, and flight engineers: An
experience requirements will be comprised of two or more evaluation evaluation of proficiency, portions of
accomplished. periods of equal duration. Each person which may be conducted in an aircraft,
(c) For flight crewmembers: Initial qualified under an AQP must receive flight simulator, or flight training device
operating experience and line check. ground training and flight training, as as approved in the certificate holder’s
(d) For instructors, the following as appropriate, and an evaluation of curriculum that must be completed
appropriate: proficiency during each evaluation during each evaluation period.
(1) Training and evaluation activities period at a training facility. The number (ii) For any other persons covered by
to qualify a person to conduct and frequency of training sessions must an AQP, a means to evaluate their
instruction on how to operate, or on be approved by the FAA. proficiency in the performance of their
how to ensure the safe operation of a (2) Training. Continuing qualification duties in their assigned tasks in an
particular make, model, and series must include training in all tasks, operational setting.
aircraft (or variant). procedures and subjects required in (2) Line checks as follows:
(2) A list of and text describing the accordance with the approved program (i) Except as provided in paragraph
knowledge requirements, subject documentation, as follows: (b)(2)(ii) of this section, for pilots in
materials, job skills, and qualification (i) For pilots in command, seconds in command: A line check conducted in an
standards of each procedure and command, and flight engineers, First aircraft during actual flight operations
proficiency objective to be trained and Look in accordance with the certificate under part 121 or part 135 of this
evaluated. holder’s FAA-approved program chapter or during operationally (line)
(3) A list of and text describing documentation. oriented flights, such as ferry flights or
evaluation/remediation strategies, (ii) For pilots in command, seconds in proving flights. A line check must be
standardization policies and recency command, flight engineers, flight completed in the calendar month at the
requirements. attendants, instructors and evaluators: midpoint of the evaluation period.

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(ii) With the FAA’s approval, a no- evaluator who has not maintained (c) The applicant shows competence
notice line check strategy may be used continuing qualification. in required technical knowledge and
in lieu of the line check required by skills (e.g., piloting or other) and crew
paragraph (b)(2)(i) of this section. The § 121.917 Other requirements. resource management (e.g., CRM or
certificate holder who elects to exercise In addition to the requirements of DRM) knowledge and skills in scenarios
this option must ensure the ‘‘no-notice’’ §§ 121.913 and 121.915, each AQP (i.e., LOE) that test both types of
line checks are administered so the qualification and continuing knowledge and skills together.
flight crewmembers are not notified qualification curriculum must include (d) The applicant is otherwise eligible
before the evaluation. In addition, the the following requirements: under the applicable requirements of
AQP certificate holder must ensure that (a) Integrated Crew Resource part 61, 63, or 65 of this chapter.
each pilot in command receives at least Management (CRM) or Dispatcher (e) The applicant has been trained to
one ‘‘no-notice’’ line check every 24 Resource Management (DRM) ground proficiency on the certificate holder’s
months. As a minimum, the number of and if appropriate flight training approved AQP Qualification Standards
‘‘no-notice’’ line checks administered applicable to each position for which as witnessed by an instructor, check
each calendar year must equal at least training is provided under an AQP. airman, or APD and has passed an LOE
50% of the certificate holder’s pilot-in- (b) Approved training on and administered by an APD or the FAA.
command workforce in accordance with evaluation of skills and proficiency of
§ 121.921 Training devices and simulators.
a strategy approved by the FAA for that each person being trained under AQP to
purpose. In addition, the line checks to use his or her resource management (a) Each flight training device or
be conducted under this paragraph must skills and his or her technical (piloting airplane simulator that will be used in
be conducted over all geographic areas or other) skills in an actual or simulated an AQP for one of the following
flown by the certificate holder in operations scenario. For flight purposes must be evaluated by the FAA
accordance with a sampling crewmembers this training and for assignment of a flight training device
methodology approved by the FAA for evaluation must be conducted in an or flight simulator qualification level:
that purpose. approved flight training device, flight (1) Required evaluation of individual
(iii) During the line checks required simulator, or, if approved under this or crew proficiency.
under paragraph (b)(2)(i) and (ii) of this subpart, in an aircraft. (2) Training to proficiency or training
section, each person performing duties activities that determine if an individual
(c) Data collection and analysis
as a pilot in command, second in or crew is ready for an evaluation of
processes acceptable to the FAA that
command, or flight engineer for that proficiency.
will ensure the certificate holder
flight, must be individually evaluated to (3) Activities used to meet recency of
provides performance information on its
determine whether the person remains experience requirements.
crewmembers, dispatchers, instructors,
adequately trained and currently (4) Line Operational Simulations
evaluators, and other operations
proficient with respect to the particular (LOS).
personnel that will enable the certificate
aircraft, crew position, and type of (b) Approval of other training
holder and the FAA to determine
operation in which he or she serves; and equipment.
whether the form and content of
the person has sufficient knowledge and (1) Any training equipment that is
training and evaluation activities are
skills to operate effectively as part of a intended to be used in an AQP for
satisfactorily accomplishing the overall
crew. The evaluator must be a check purposes other than those set forth in
objectives of the curriculum.
airman, an APD, or an FAA inspector paragraph (a) of this section must be
and must hold the certificates and § 121.919 Certification. approved by the FAA for its intended
ratings required of the pilot in A person subject to an AQP is eligible use.
command. to receive a commercial or airline (2) An applicant for approval of
transport pilot, flight engineer, or training equipment under this
(c) Recency of experience. For pilots
aircraft dispatcher certificate or paragraph must identify the device by
in command, seconds in command,
appropriate rating based on the its nomenclature and describe its
flight engineers, aircraft dispatchers,
successful completion of training and intended use.
instructors, evaluators, and flight
evaluation events accomplished under (3) Each training device approved for
attendants, approved recency of
that program if the following use in an AQP must be part of a
experience requirements appropriate to
requirements are met: continuing program to provide for its
the duty position.
serviceability and fitness to perform its
(d) Duration of cycles and periods. (a) Training and evaluation of
intended function as approved by the
Initially, the continuing qualification required knowledge and skills under the
FAA.
cycle approved for an AQP must not AQP must meet minimum certification
exceed 24 calendar months in duration, and rating criteria established by the § 121.923 Approval of training,
and must include two or more FAA in parts 61, 63, or 65 of this qualification, or evaluation by a person who
evaluation periods of equal duration. chapter. The FAA may approve provides training by arrangement.
After that, upon demonstration by a alternatives to the certification and (a) A certificate holder operating
certificate holder that an extension is rating criteria of parts 61, 63, or 65 of under part 121 or part 135 of this
warranted, the FAA may approve an this chapter, including practical test chapter may arrange to have AQP
extension of the continuing requirements, if it can be demonstrated training, qualification, evaluation, or
qualification cycle to a maximum of 36 that the newly established criteria or certification functions performed by
calendar months in duration. requirements represent an equivalent or another person (a ‘‘training provider’’) if
(e) Requalification. Each continuing better measure of crewmember or the following requirements are met:
qualification curriculum must include a dispatcher competence, operational (1) The training provider is
curriculum segment that covers the proficiency, and safety. certificated under part 119 or 142 of this
requirements for requalifying a (b) The applicant satisfactorily chapter.
crewmember, aircraft dispatcher, other completes the appropriate qualification (2) The training provider’s AQP
operations personnel, instructor, or curriculum. training and qualification curriculums,

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curriculum segments, or portions of (3) Except for indoctrination § 121.925 Recordkeeping requirements.
curriculum segments must be curriculums, the curriculum, Each certificate holder conducting an
provisionally approved by the FAA. A curriculum segment, or portion of a approved AQP must establish and
training provider may apply for curriculum segment must identify the maintain records in sufficient detail to
provisional approval independently or specific make, model, and series aircraft demonstrate the certificate holder is in
in conjunction with a certificate (or variant) and crewmember or other compliance with all the requirements of
holder’s application for AQP approval. positions for which it is designed. the AQP and this subpart.
Application for provisional approval
must be made, through the FAA office (c) A certificate holder who wants PART 135—OPERATING
directly responsible for oversight of the approval to use a training provider’s REQUIREMENTS: COMMUTER AND
training provider, to the Manager of the provisionally approved curriculum, ON DEMAND OPERATIONS AND
Advanced Qualification Program. curriculum segment, or portion of a RULES GOVERNING PERSONS
(3) The specific use of provisionally curriculum segment in its AQP, must ABOARD SUCH AIRCRAFT
approved curriculums, curriculum show the following requirements are
segments, or portions of curriculum met: ■ 13. The authority citation for part 135
segments in a certificate holder’s AQP (1) Each instructor or evaluator used continues to read as follows:
must be approved by the FAA as set by the training provider must meet all Authority: 49 U.S.C. 106(g), 40113, 44701–
forth in § 121.909. the qualification and continuing 44702, 44705, 44709, 44711–44713, 44715–
(b) An applicant for provisional 44717, 44722.
qualification requirements that apply to
approval of a curriculum, curriculum employees of the certificate holder that SFAR No. 58 [Removed]
segment, or portion of a curriculum has arranged for the training, including
segment under this paragraph must ■ 14. Remove SFAR No. 58 from part
knowledge of the certificate holder’s 135.
show the following requirements are operations.
met: § 135.1 [Amended]
(2) Each provisionally approved
(1) The applicant must have a
curriculum, curriculum segment, or ■ 15. Amend § 135.1(a)(4) by removing
curriculum for the qualification and
portion of a curriculum segment must ‘‘SFAR No. 58’’ and adding ‘‘subpart Y
continuing qualification of each
be approved by the FAA for use in the of part 121 of this chapter’’ in its place
instructor and evaluator used by the
certificate holder’s AQP. The FAA will each place it appears.
applicant.
either provide approval or require Issued in Washington, DC on September 7,
(2) The applicant’s facilities must be
found by the FAA to be adequate for any modifications to ensure that each 2005.
planned training, qualification, or curriculum, curriculum segment, or Marion C. Blakey,
evaluation for a certificate holder portion of a curriculum segment is Administrator.
operating under part 121 or part 135 of applicable to the certificate holder’s [FR Doc. 05–18342 Filed 9–15–05; 8:45 am]
this chapter. AQP. BILLING CODE 4910–13–P

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