Credit for Using ATDs and AATDs

The FAA allows pilots to use flight simulators, flight training devices (FTD), and aviation training devices (ATD) to accumulate some of the aeronautical experience required in 14 CFR Part 61 for various pilot certificates and ratings.

Guidance for using ATD during training is in AC 60-136B and in the letters of authorization (LOA) issued with each ATD.

The Foundation from one-G, an AATD based on the C172, is among the newest FAA-approved ATDs.

For additional background about the types of “simulators” that the FAA authorizes, including ATDs and AATDs (advanced aviation training devices), see New AC for ATDs and Simulations, Flight Simulators, FTDs, and ATDs here at BruceAir.

Unfortunately, the regulations aren’t always easy to parse, and when pilots and instructors consider the use of ATDs and AATDs, one regulatory paragraph, 14 CFR Part 61.4(c), is often overlooked, probably because it’s the last sentence in a rule titled “Qualification and approval of flight simulators and flight training devices,” and that section doesn’t specifically mention ATD.

But 14 CFR Part 61.4(c) says: “The Administrator may approve a device other than a flight simulator or flight training device for specific purposes.” And that’s the key to understanding the credit allowed in the LOAs.

The flight school where I instruct, Galvin Flying, has several AATDs, each of which has an LOA from the FAA that describes how the devices may be used during training. The LOAs specifically note credits for tasks and for aeronautical experience associated with various certificates and ratings, in accordance with AC 60-136B and 14 CFR Part 61.

Most of the criteria are clear. But over the years, the flight school has received conflicting interpretations about how much experience in the AATDs may apply toward the aeronautical experience requirements set out in 14 CFR Part 61.

For example, 14 CFR § 61.129 [(i)(1)(i)] states that up to 50 hours of simulated flight time in a “full flight simulator” or a “flight training device” may be credited toward the 250 hrs total time required for a commercial certificate. That regulation does not specifically mention “aviation training devices” or “advanced aviation training devices,” distinctions that were made with both regulatory changes and the publication of AC 60-136B.

Now, AC 60-136B notes that the LOA associated with each approved ATD or AATD describes the device’s authorized uses and allowable credit toward specific aeronautical experience requirements. For example:

C.2 Authorized Use. Except for specific aircraft type training and testing, an AATD may be approved and authorized for use in accomplishing certain required tasks, maneuvers, or procedures as applicable under 14 CFR parts 61 and 141. The FAA will specify the allowable credit in the AATD LOA for private pilot, instrument rating, instrument recency of experience, IPC, commercial pilot, and ATP.

D.3 Logging Training Time and Experience.

Note: There are no restrictions on the amount of training accomplished and logged in training devices. However, the regulatory limitations on maximum credit allowed for the minimum pilot certification requirements are specified by parts 61 and 141 and in the LOA. No approvals or authorizations are provided for aircraft type ratings using ATDs.

Each of the LOAs for the AATDs at Galvin Flying includes the following language related to the commercial pilot certificate:

…The [model name] AATD is approved for use in satisfying the following sections of parts 61 and 141:…

§ 61.129(i)(1)(i)—Commercial Pilot Certificate: up to 50 hours;…

That language seems clear, but as I noted earlier, the fact that the regulation itself doesn’t mention ATD has led to confusion.

So I wrote the FAA asking for clarification. Here, in part, is the reply, which confirms that the language in the LOAs supplements the regulations in 14 CFR Part 61:

The rule is silent in these rule sections concerning the use of ATD’s including rule sections for Private Pilot, Commercial Pilot, and Airline Transport Pilot certificates. However, Part 61.4(c) states, “The Administrator may approve a device other than a flight simulator or flight training device for specific purposes.” All aviation training device (ATD) letters of authorization (LOA) reference §61.4(c) in the first paragraph of the letter. The maximum amount of credit for various certificates and ratings is provided in the LOA. The FAA uses the letter of authorization (LOA) to approve the use of advanced aviation training devices (AATD’s) for private pilot, commercial pilot, and ATP experience requirements utilizing the provision of 14 CFR §61.4(c). The LOA also provides credit allowances for the instrument rating and associated experience requirements.

Marcel Bernard
Aviation Safety Inspector
Aviation Training Device (ATD) National Program Manager
Federal Aviation Administration, Flight Standards Service HQ

In other words, 14 CFR Part §61.4(c) allows you to use an ATD toward the experience requirements in 14 CFR Part 61, as long as you use the ATD in accordance with its LOA.

Here’s a link to a chart from FAA that summarizes credit for use of various training devices and simulators. (But see below for additional information about using simulation devices during training.)

The reply to my query from the FAA (and the language in AC 60-136B) also emphasizes another important point: There’s no absolute limit to the amount of time you can spend using an ATD during training.

Finally, it is important to understand that you can log as much time as you want in an ATD, flight training device (FTD) or full flight simulator (FFS). Many flight instructors believe that you can only “log” what time is indicated on the LOA. This is a common misconception. “Training credit” and “logging of pilot time” are two different considerations. Proactive flight instructors will accomplish and log as much time as needed with their student in the simulator, until the student is proficient for that particular task. This usually results in the student needing far less time in the aircraft to compete the same flight tasks, saving time, money and wear and tear on the aircraft. Additionally, many emergency scenarios that can’t be safely accomplished in the aircraft, can be accomplished in a simulator without risk.

You should always practice tasks to acceptable level of proficiency (ACS standards) in the simulator first, before doing the same task in the aircraft, no matter how much time it takes in the simulator. Without this practice it defeats the advantages, logic and use of a simulator during training.

Marcel Bernard
Aviation Safety Inspector
Aviation Training Device (ATD) National Program Manager
Federal Aviation Administration, Flight Standards Service HQ

New IFR Currency Rules and Other Changes to 14 CFR Part 61

On June 27, 2018, FAA published an extensive revision to sections of 14 CFR Part 61 governing IFR currency with the use of aviation training devices, the role of technically advanced aircraft (TAA) in training for certain certificates and ratings, and many other important changes. You can download the PDF of the final rule here.

This rule is result of an NPRM published in May 2016, which you read about at BruceAir here.

Some of the new regulations should become effective July 28, 2018. Others will be effective later; the details of the effective dates are in the final rule and provided later this article.

The September/October 2018 issue of FAA Safety Briefing includes a summary of key provisions in the new regulations and their effective dates. See p. 28.

The new regulations of primary interest to general aviation pilots:

• Allow instrument-rated pilots to maintain IFR currency using an ATD, FTD, or FSS without having an instructor present. The IFR currency rules also now make no distinction between tasks performed in an ATD, FTD, or FSS and an aircraft.
• Change some provisions related to the completion of an instrument proficiency check (IPC).
• Allow the use of technically advanced aircraft in lieu of or in combination with complex aircraft to acquire 10 hours of flight time formerly required in a complex aircraft for commercial pilot applicants.

SUMMARY: This rulemaking relieves burdens on pilots seeking to obtain aeronautical experience, training, and certification by increasing the allowed use of aviation training devices. Use of these training devices has proven to be an effective, safe, and affordable means of obtaining pilot experience. This rulemaking also addresses changing technologies by accommodating the use of technically advanced airplanes as an alternative to the use of older complex single engine airplanes for the commercial pilot training and testing requirements. Additionally, this rulemaking broadens the opportunities for military instructor pilots or pilot examiners to obtain civilian ratings based on military experience, expands opportunities for logging pilot time, and removes a burden from sport pilot instructors by permitting them to serve as safety pilots. Finally, this rulemaking includes changes to some of the provisions established in an August 2009 final rule. These actions are necessary to bring the regulations in line with current needs and activities of the general aviation training community and pilots.

The following is an analysis of the new rules that are of interest primiarly to pilots operating under 14 CFR Parts 61 and 91. To understand all of the new regulations and how they affect certain commercial operators and flight training programs, you should review the entire text of the final rule.

CFI No Longer Required when using FFS, FTD, or ATD to Maintain IFR Currency

The FAA is amending § 61.51(g) by revising paragraph (g)(4) and adding a new paragraph (g)(5) to allow a pilot to accomplish instrument recency experience when using a FFS, FTD, or ATD without an instructor present, provided a logbook or training record is maintained to specify the approved training device, time, and the content as appropriate.

To learn more about the definitions of FSS, FTD, and ATD, see the final rule and AC 61-136.

A pilot will still need to have an instructor present when using time in a FFS, FTD, or ATD to acquire instrument aeronautical experience for a pilot certificate or rating.

And the new rule does not changes the provisions of § 61.51 that require an instrument proficiency check if a pilot does not maintain IFR currency.

Here’s the revised language:

§ 61.51 (g) (5) A person may use time in a full flight simulator, flight training device, or aviation training device for satisfying instrument recency experience requirements provided a logbook or training record is maintained to specify the training device, time, and the content.

(h) Logging training time. (1) A person may log training time when that person receives training from an authorized instructor in an aircraft, full flight simulator, flight training device, or aviation training device.

The new language for § 61.57 Recent flight experience: Pilot in command is:

(c) (2) Use of a full flight simulator, flight training device, or aviation training device for maintaining instrument experience. A pilot may accomplish the requirements in paragraph (c)(1) of this section in a full flight simulator, flight training device, or aviation training device provided the device represents the category of aircraft for the instrument rating privileges to be maintained and the pilot performs the tasks and iterations in simulated instrument conditions. A person may complete the instrument experience in any combination of an aircraft, full flight simulator, flight training device, or aviation training device.

The FAA’s analysis of the comments on the proposal notes that:

…[B]ecause instrument recency experience is not training, the FAA no longer believes it is necessary to have an instructor present when instrument recency experience is accomplished in an FSTD or ATD. The FAA is therefore removing the requirement for an authorized instructor to be present when a pilot accomplishes his or her instrument recency experience in an FFS, FTD, or ATD…

As with instrument recency experience accomplished in an aircraft, § 61.57(c) requires the pilot to log the required tasks in his or her logbook and § 61.51(b) requires certain information to be logged, including the type and identification of the FSTD or ATD. Additionally, § 61.51(g)(5) requires the pilot to maintain a logbook or training record that specifies the training device, time, and content. The FAA therefore emphasizes the importance of clearly documenting in one’s logbook the type and identification of the FFS, FTD, or ATD used to maintain recency and a detailed record of the specific tasks completed.

The FAA discussion points out that pilots have long been able to maintain IFR currency in aircraft by flying with a safety pilot, and the FAA addressed several comments about the efficacy of using ATDs and FTDs to maintain instrument currency.

Because instructor supervision is not required when a pilot satisfies the instrument recency experience in an aircraft, similarly, it should not be required when a pilot satisfies the same instrument recency experience in a FFS, FTD, or ATD. A pilot must perform and log the required tasks regardless of whether the tasks are accomplished in an aircraft, FFS, FTD, or ATD. As several commenters noted, pilots who satisfy the instrument recency experience in an FFS, FTD, or ATD should be trusted in the same fashion as those pilots who satisfy the requirements in an aircraft. While there is a potential for falsification in both scenarios, the FAA finds that the current penalties for falsifying pilot logbooks and records, which include suspension or revocation of one’s airman certificate, are a sufficient deterrent to falsifying the logging requirements…

Furthermore, the FAA is not requiring the FFS, FTD, or ATD to produce a flight track and log pilot activities as proof of performing the required tasks for maintaining instrument recency; nor is the FAA imposing more stringent recordkeeping requirements on the flight schools who own such FFS, FTD, or ATDs or on the pilots who use the FFS, FTD, or ATD to maintain instrument recency…

The FAA finds that satisfying instrument recency experience requirements in an FFS, FTD or ATD is as beneficial as satisfying the requirements in an aircraft regardless of whether an instructor is present. FFSs, FTDs, and ATDs are specifically designed to allow a person to replicate and execute instrument tasks just as they would in an aircraft…

Section 61.57(c) requires a pilot to perform and log minimum tasks to maintain instrument recency; § 61.57(c) does not impose training or proficiency requirements. An instrument-rated pilot has already demonstrated his or her proficiency during a practical test with an examiner. The purpose of the instrument recency experience requirement is to ensure the pilot maintains his or her instrument proficiency by performing and logging the required instrument experience. Therefore, the FAA expects pilots accomplishing the instrument recency experience to already be at an acceptable level of proficiency. The FAA recommends, however, that a pilot seek additional training if he or she is uncomfortable with his or her performance of the required tasks under § 61.57(c)…

FAA believes that new § 61.51(g)(5) will likely increase the public’s use of FFSs, FTDs or ATDs and notes that the majority of comments supported this conclusion…

As a general matter, the FAA notes that ATDs allow programming and practice of many instrument situations, scenarios, and procedures. The current capabilities of ATDs, FTDs, and FFSs allow an instrument rated pilot to program and successfully practice simulated low visibility weather conditions, multiple approaches in a shorter period of time, emergency procedures, equipment failures, and other various flight scenarios that cannot necessarily be accomplished in an aircraft safely. Allowing the use of ATDs, FTDs and FFSs without the requirement (and therefore the cost) of having an instructor present can result in more pilots being better prepared. This benefit could include executing flight scenarios they may not normally experience when accomplishing instrument recency in an aircraft, or in locations where they do not normally fly, or when practicing emergency procedures that are likely too dangerous to accomplish in an aircraft. This includes the unique capability of practicing identical instrument approach procedures to an airport the pilot may not have otherwise flown to before.

Instrument Recency Experience Requirements

The new rules will simplify § 61.57(c) which describes how pilots can use ATDs, FTDs, and FSS alone or in combination with flight time in an aircraft to maintain IFR currency.

The FAA is aligning the requirements for accomplishing instrument experience in an ATD with the requirements for accomplishing instrument experience in an FSTD or aircraft. Prior to this final rule, a person accomplishing instrument recency experience in an aircraft, FFS, FTD, or a combination, was required to, within the preceding 6 months, have performed: (1) Six instrument approaches; (2) holding procedures and tasks; and (3) intercepting and tracking courses through the use of navigational electronic systems. Persons accomplishing instrument recency experience exclusively in an ATD, however, were required to have performed, within the preceding 2 months, the same tasks and maneuvers listed above plus “two unusual attitude recoveries while in a descending Vne airspeed condition and two unusual attitude recoveries while in an ascending, stall speed condition” and a minimum of three hours of instrument recency experience. This final rule amends § 61.57(c) to allow pilots to accomplish instrument experience in ATDs by performing the same tasks required for FSTDs and aircraft, and at the same 6-month interval allowed for FSTDs and aircraft.

In support of the change, the FAA notes that:

FAA believes that the current design and technology of ATDs has advanced and provides a greater opportunity for the advancement of instrument skills and improved proficiency, as well as a wider range of experiences and scenarios, which justifies their increased use in § 61.57(c)(2)…

While the FAA stated in the NPRM that a pilot would be permitted to complete instrument recency experience in any combination of aircraft, FFS, FTD, or ATD, the proposed rule would not have expressly allowed this. The FAA is therefore adding language to proposed § 61.57(c)(2) to expressly state that a person may complete the instrument recency experience in any combination of aircraft, FFS, FTD, or ATD…

FAA disagrees with [comments] requiring a pilot to accomplish the instrument recency experience in an aircraft. The FAA has allowed the instrument recency tasks to be accomplished in an FFS, FTD, or ATD since 2009. The FAA did not propose to change the allowance of an ATD to satisfy instrument recency experience. Rather, given the technological advancements that have occurred in ATDs since 2009, the FAA proposed to align ATD use to the 6-month task completion interval and the required tasks consistent with FSTDs and aircraft…

FAA finds that an ATD adequately replicates an aircraft for purposes of maintaining instrument recency. Section 61.57(c) does not require a pilot to experience variables and additional stressors that one may experience in an aircraft to maintain instrument recency. The FAA recognizes the importance of familiarity with these conditions and events; however, they are more attributable to training. An instrument-rated pilot maintaining instrument recency under § 61.57(c) has already accomplished the required instrument training and has already demonstrated his or her proficiency during a practical test with an examiner.

Furthermore, the FAA disagrees with the comment that requiring more flight time in an aircraft will result in fewer accidents. The FAA finds that allowing a pilot to accomplish instrument recency requirements in an ATD or FSTD encourages more pilots to remain instrument current and provides the necessary experience to enable safe operation of an aircraft in instrument meteorological conditions (IMC)…

FAA believes that training in FSTDs and ATDs in combination with training in an aircraft reinforces the necessary pilot skill to rely solely on the flight instruments to successfully operate an aircraft in IMC. This mitigates any reliance on postural senses, sounds, or feelings that can otherwise lead to loss of control. The FAA further described that training devices do not require motion to be approved and that training devices cannot completely train the pilot to ignore certain erroneous sensory perceptions, but pilots develop this skill during the flight portion of their instrument training. Consistent with the final rule, “Aviation Training Device Credit for Pilot Certification,” the FAA believes that instrument experience accomplished in ATDs is an effective procedural review and reinforces the necessary skills to properly interpret the aircraft’s flight instruments, allowing successful operation of an aircraft in IMC.

Change to IPC Requirements

The final rule also revises § 61.57(d) to remove the reference to the practical test standards (or ACS) for the tasks required to complete an IPC.

In § 61.57(d), the FAA is removing the reference to the PTS. The FAA recognizes that it was inappropriate for § 61.57(d) to state that the areas of operation and instrument tasks were required in the instrument rating PTS. The PTS and ACS do not contain regulatory requirements. Therefore, rather than referencing the instrument rating ACS in § 61.57(d), the FAA is codifying in § 61.57(d) the areas of operation for an IPC.

The new § 61.57(d) reads:

Instrument proficiency check. (1) Except as provided in paragraph (e) of this section, a person who has failed to meet the instrument experience requirements of paragraph (c) of this section for more than six calendar months may reestablish instrument currency only by completing an instrument proficiency check. The instrument proficiency check must consist of at least the following areas of operation:

(i) Air traffic control clearances and procedures;

(ii) Flight by reference to instruments;

(iii) Navigation systems;

(iv) Instrument approach procedures;

(v) Emergency operations; and

(vi) Postflight procedures.

FAA has clarified that the task table for an IPC in the IFR ACS still applies. For the detailed response to my questions about IPCs under the new regulations, see Clarification of IPC Requirements here at BruceAir.

Completion of Commercial Pilot Training and Testing in Technically Advanced Airplanes

The new rules, effective August 28, 2018, will complement the recent changes in FAA policy that no longer require the use of complex aircraft for certain practical tests (more on this topic at BruceAir here).

The final rule substantially changes the definition of TAA in the NPRM.

§ 61.129 Aeronautical experience.

(ii) 10 hours of training in a complex airplane, a turbine-powered airplane, or a
technically advanced airplane (TAA) that meets the requirements of paragraph (j) of this section, or any combination thereof. The airplane must be appropriate to land or sea for the rating sought;…

(j) Technically advanced airplane. Unless otherwise authorized by the Administrator, a technically advanced airplane must be equipped with an electronically advanced avionics system that includes the following installed components:
(1) An electronic Primary Flight Display (PFD) that includes, at a minimum, an airspeed indicator, turn coordinator, attitude indicator, heading indicator, altimeter, and vertical speed indicator;
(2) An electronic Multifunction Display (MFD) that includes, at a minimum, a moving
map using Global Positioning System (GPS) navigation with the aircraft position displayed;
(3) A two axis autopilot integrated with the navigation and heading guidance system; and
(4) The display elements described in paragraphs (j)(1) and (2) of this section must be
continuously visible.

The discussion of the new rule expands on the reasoning behind and comments on the NPRM.

Prior to this final rule, a pilot seeking a commercial pilot certificate with an airplane single-engine class rating was required to complete 10 hours of training in either a complex or turbine-powered airplane. In the NPRM, the FAA proposed to add a definition of technically advanced airplane (TAA) to § 61.1 and amend the training requirements to allow a pilot seeking a commercial pilot certificate with an airplane single-engine class rating to complete the 10 hours of training in a TAA instead of a complex or turbine-powered airplane. In addition to these regulatory changes, the FAA proposed to revise the practical test standards for commercial pilot applicants and flight instructor applicants seeking an airplane category single engine class rating to allow the use of a TAA on the practical tests.

Several comments on the NPRM highlighted problems with the FAA’s original defintion of TAA. In response, the FAA notes that:

The FAA recognizes that the proposed definition would have been too prescriptive. …FAA has revised the proposed language in response to industry’s concerns to make it more flexible and accommodating of new technologies. Furthermore, the FAA recognizes that the definition of TAA would have inappropriately embedded requirements, which may have inhibited future technologies from falling under the definition of a TAA. The FAA is therefore revising the definition of TAA in § 61.1 to contain a more general description of a TAA. TAA is now defined as an airplane equipped with an electronically advanced avionics system. The FAA is relocating the requirements regarding what a TAA must contain to § 61.129 by adding new paragraph (j). The FAA is also adding language to § 61.129(j) to allow the FAA to authorize the use of an airplane that may not otherwise meet the requirements of a TAA. This additional language is intended to provide flexibility by allowing the FAA to accommodate future technologies that do not necessarily meet the confines of the regulatory requirements for a TAA in § 61.129(j).

The discussion of the final rule includes a detailed response to comments about the use of such terms as PFD and MFD and the description of the autopilot required in a TAA. The basic requirements are described in the FAA discussion:

FAA is retaining the terms “Primary Flight Display,” “Multifunction Display,” and “advanced” in the TAA requirements. The FAA disagrees that the terms PFD and MFD will cause confusion. These terms are currently used and described in several FAA publications that are recognized by the aviation industry…

PFD is defined as “a display that provides increased situational awareness to the pilot by replacing the traditional six instruments used for instrument flight with an easy-to-scan display that provides the horizon, airspeed, altitude, vertical speed, trend, trim, and rate of turn among other key relevant indications.” MFD is defined as a “small screen (CRT or LCD) in an aircraft that can be used to display information to the pilot in numerous configurable ways. Often an MFD will be used in concert with a primary flight display.”

The FAA believes the terms PFD and MFD add clarity to the TAA requirements by describing and prioritizing the display features and elements for TAA avionics a nd their respective functions. For example, the term PFD is specific to the use of the primary flight controls to maintain aircraft attitude and positive control. The PFD is used by the pilot to execute appropriate use of the control stick or yoke for pitch and bank, rudder pedals for yaw, and throttle for engine power. The PFD is designed specific to controlling the aircraft attitude and altitude relative to the horizon and the surface of the earth, especially when outside visibility is poor or unavailable. The MFD has a different priority; its function is secondary to the PFD. The MFD is designed for navigational use and position awareness information, even though it may include some PFD features for redundancy. Furthermore, the FAA is requiring certain minimum display elements for both a PFD and MFD, respectively, thereby clarifying what will be considered a PFD or MFD…

Section 61.129(j)(2) requires only the minimum elements of a MFD; it does not preclude the use of a split-screen display or two independent screens contained within a single physical unit. Therefore, a manufacturer may use a split-screen display or two independent screens for the PFD and MFD provided the displays contain the minimum elements required for each…

FAA is clarifying the MFD requirements by first describing what the display shows (i.e., a moving map) and then describing how the display is facilitated (i.e., using GPS navigation). Accordingly, § 61.129(j)(2) now requires the MFD to include, at a minimum, a moving map using GPS navigation. The FAA believes this revision to the proposed language clarifies that a system with a moving map display common to GPS/WAAS navigators would satisfy the MFD requirement. Additionally, the FAA is requiring the aircraft position to be displayed on the moving map…

FAA removing the phrase “independent additional” from the proposed language to allow a single piece of equipment or single display to satisfy the requirement for both a PFD and MFD. However, to ensure that both displays are visible at the same time, the FAA is requiring the display elements for both the PFD and MFD (paragraphs (j)(1) and (2)) to be continuously visible…

FAA did not intend to exclude systems that provide autopilot functions separate from the MFD. The FAA is therefore separating the “two-axis autopilot” requirement from the MFD requirement. Accordingly, under new § 61.129(j)(3), the two axis autopilot is no longer required to be included as part of the MFD. This change from what was proposed allows the use of independent/aftermarket autopilot systems…

The TAA requirements in no way restrict the use of peripheral or supporting equipment that enables the display functionality described for the PFD and MFD in the TAA requirements…

While there may be different TSOs for the various functions of GPS, moving map, and navigation resulting in separate pieces of underlying equipment, this equipment can support the MFD requirements so long as the MFD includes a moving map that uses GPS navigation with the aircraft position displayed…

The TAA requirements of § 61.129(j) do not require the autopilot to have GPSS. However, § 61.129(j) specifies only the minimum requirements for a TAA. Therefore, an autopilot may have additional features, including GPSS. The “two axis” requirement refers to the lateral and longitudinal axes. The autopilot at a minimum must be able to track a predetermined GPS course or heading selection, and also be able to hold a selected altitude. The autopilot is not, however, required to control vertical navigation other than holding a selected altitude…

Revised Definition of Pilot Time

The new rule changes the definition of pilot time in § 61.1 to read:

Pilot time means that time in which a person—
(i) Serves as a required pilot flight crewmember;
(ii) Receives training from an authorized instructor in an aircraft, full flight simulator, flight training device, or aviation training device; or
(iii) Gives training as an authorized instructor in an aircraft, full flight simulator, flight training device, or aviation training device.

Effective Dates

The changes to the regulations become effective as follows:

This rule is effective July 27, 2018, except for the amendments to §§ 61.31(e)(2) and (f)(2), 61.129(a)(3)(ii), (b)(3)(ii) and (j), 61.197, 61.199, 61.412, 61.415, 91.109, and appendix D to part 141, which are effective August 27, 2018; the amendments to §§ 61.1 (amendatory instruction 10 revising the definition of ‘‘Pilot time’’), 61.39, 61.51(e) and (f), 61.57(c), 61.159(a), (c), (d), (e), and (f), 61.161(c), (d), and (e), 135.99, and 141.5(d) which are effective November 26, 2018; and the amendments to §§ 61.3, 63.3, 63.16, 91.313, 91.1015, 121.383, and 135.95, which are effective December 24, 2018.

Complex Aircraft No Longer Required for Practical Tests

FAA has published Notice N8900.463, which removes the requirement for applicants to provide a complex aircraft (i.e., an airplane with retractable landing gear, a controllable-pitch propeller, and flaps) for the commercial pilot SEL and flight instructor-airplane practical tests.

Note, however, that this change in policy affects only practical tests, not the training and experience requirements for commercial pilots and flight instructors. Those requirements, which are specified in 14 CFR Part 61, may change if an NPRM from May 2016 is enacted as a final rule.

FAA published the final rule associated with that NPRM on June 27, 2018. You can read about it here. The change to 14 CFR Part 61 included in the new “addresses changing technologies by accommodating the use of technically advanced airplanes as an alternative to the use of older complex single engine airplanes for the commercial pilot training and testing requirements.”

For more background on these proposed regulatory changes, see FAA Proposes Significant Rule Changes here at BruceAir.

Specifically, [this notice] outlines the policy which no longer requires applicants for a commercial pilot certificate with an airplane single-engine rating to provide a complex or turbine-powered airplane for the associated practical test and no longer requires applicants for a flight instructor certificate with an airplane single-engine rating to provide a complex airplane for the practical test…[T]here are far fewer single-engine complex airplanes available to meet the ACS/PTS requirement, and the single-engine complex airplanes that are available are older airplanes that are expensive to maintain. Additionally, the FAA finds that removing the commercial pilot ACS requirement to furnish a complex or turbine-powered airplane and removing the flight instructor PTS requirement to furnish a complex airplane will achieve the same objectives. The FAA has determined that removing these ACS/PTS requirements will significantly reduce costs for persons pursuing a commercial pilot or flight instructor certificate by allowing applicants to utilize less-expensive airplanes on the practical test that are not complex or turbine-powered.

The notice continues:

The FAA has determined that any airplane may be used to accomplish the tasks prescribed in the initial commercial pilot with an airplane single-engine rating practical test or a flight instructor with an airplane single-engine rating practical test, provided that airplane is capable of accomplishing all areas of operation required for the practical test and is the appropriate category and class for the rating sought. Therefore, the airplane used for the practical test must still meet the requirements specified in § 61.45.

However, the notice also explains that:

There is no change to the complex airplane training and endorsement requirements of § 61.31(e) or to the commercial pilot aeronautical experience requirements of § 61.129(a)(3)(ii) or part 141 appendix D.

As noted above, flight schools will still need complex aircraft so that commercial students can acquire 10 hours of complex time.

But commercial students won’t necessarily need to spend those 10 hours practicing lazy 8s, chandelles, power-off 180 landings, etc. to prepare for the practical test. Instead, they can use the complex aircraft to fly cross-countries, build night-flying hours, and so forth. They just need to log 10 hours and get the complex–and, depending on the airplane used–high-performance endorsements. They can then practice and prepare for the checkride in any aircraft that is capable of all the areas of operation in the ACS and that meets the requirements for the practical test. This change should help with the maintenance and other costs incurred when operating complex aircraft for training.

CFI candidates, who presumably have acquired the 10 hours of complex time as part of their training for the commercial certificate, can accomplish all of their training and preparation for the initial CFI-A with a SEL rating in any suitable aircraft.

This flexibility will save CFI candidates money, and it will make it much easier for flight schools to provide aircraft both for training and practical tests. Many flight schools have only one or two complex aircraft available, making scheduling difficult. And saving wear-and-tear on complex aircraft will probably improve their dispatch availability and lower maintenance costs.

FAA Proposes Significant Rule Changes

On May 12, 2016, FAA published Regulatory Relief: Aviation Training Devices; Pilot Certification, Training, and Pilot Schools; and Other Provisions in the Federal Register.

The final rule, which includes several changes from the NPRM, was published June 27, 2018. More details here.

The proposed rule includes many significant changes to 14 CFR Parts 61 and 91 of interest to pilot and flight instructors.

 This rulemaking would relieve burdens on pilots seeking to obtain aeronautical experience, training, and certification by increasing the allowed use of aviation training devices. These training devices have proven to be an effective, safe, and affordable means of obtaining pilot experience. This rulemaking also would address changing technologies by accommodating the use of technically advanced airplanes as an alternative to the use of older complex single engine airplanes for the commercial pilot training and testing requirements…Finally, this rulemaking would include changes to some of the provisions established in an August 2009 final rule. These actions are necessary to bring the regulations in line with current needs and activities of the general aviation training community and pilots.

The November/December 2017 issue of FAA Safety Briefing indicates that the new rules will be published in December 2017: “With another new rulemaking effort in the works, expected in December 2017, the FAA proposes to allow pilots to accomplish instrument currency pilot time in a FFS, FTD, or ATD without an instructor present to verify the time, as well as allow ATD time to accomplish instrument currency requirements to be identical to the tasks and requirements described for an aircraft, FFS, or FTD.”

As of early May 2018, however, the FAA has not published the final rule in the Federal Register. The proposal remains in limbo.

In particular, the changes would:

• Make it easier to maintain instrument currency using training devices
• Allow the use of technically advanced aircraft (TAA), not just “complex” (i.e., aircraft with retractable landing gear) for training and practical tests for the commercial pilot and certified flight instructor certificates

For example, one proposed change would allow an instrument-rated pilot to use an approved aviation training device (ATD), flight training device (FTD), or full flight simulator (FFS) to fly approaches and other tasks to maintain IFR currency without having an instructor present. Currently, pilots who perform instrument recency experience requirements in an aircraft are not required to have an authorized instructor present to observe the time. Rather, the pilot can perform the required tasks in actual instrument conditions or in simulated instrument conditions with a safety pilot on board the aircraft. A pilot who accomplishes instrument recency experience in an FFS, FTD, or ATD, however, must have an authorized instructor present to observe the time and sign the pilot’s logbook. 14 CFR 61.51(g)(4).

In revising § 61.57 in the 2009 final rule to include the option of using ATDs for meeting instrument recency experience, the preamble indicated that the FAA did not intend for an authorized instructor to be present during instrument recency experience performed in an FSTD or an ATD. It stated: “[A] person who is instrument current or is within the second 6-calendar month period * * * need not have a flight instructor or ground instructor present when accomplishing the approaches, holding, and course intercepting/tracking tasks of § 61.57(c)(1)(i), (ii), and (iii) in an approved flight training device or flight simulator.” 74 FR 42500, 42518. In 2010, the FAA issued a legal interpretation  [8] stating that, based on the express language in § 61.51(g)(4), an instructor must be present in order for a pilot to accomplish instrument recency experience in an FSTD or ATD. That interpretation acknowledged, however, that the FAA had indicated in the 2009 preamble some intention to change the requirement but that the change was not reflected in the regulation.

The FAA is proposing to amend § 61.51(g) by revising paragraph (g)(4) and adding a new paragraph (g)(5) to allow a pilot to accomplish instrument recency experience when using an FAA-approved FFS, FTD, or ATD—just as he or she might do when completing instrument recency experience in an aircraft—without an instructor present. Because instrument recency experience is not training, the FAA no longer believes it is necessary to have an instructor present when instrument recency experience is accomplished in an FSTD or ATD. An instrument-rated pilot has demonstrated proficiency during a practical test with an examiner. It can be expensive to hire an instructor to observe a pilot performing the instrument experience requirements solely to verify that the instrument recency experience was performed. [9] As noted above, practice in an ATD has the distinct advantage of pause and review of pilot performance not available in an aircraft.

As with instrument recency experience accomplished in an aircraft, the pilot would continue to be required to verify and document this time in his or her logbook. The FAA is retaining the requirement that an authorized instructor must be present in an FSTD or ATD when a pilot is logging time to meet the requirements of a certificate or rating, for example, under §§ 61.51(g)(4), 61.65 and 61.129.

The FAA proposals would also eliminate much of the confusion about varying time intervals and tasks required when using a training device or simulator to maintain instrument currency.

Currently, under § 61.57(c), to act as pilot in command (PIC) of an aircraft under instrument flight rules (IFR) or in weather conditions less than the minimums prescribed for visual flight rules (VFR), an instrument-rated pilot must accomplish instrument experience (often described as instrument practice, currency or recency) within a certain period preceding the month of the flight.

If a pilot accomplishes the instrument recency experience in an aircraft, FFS, FTD, or a combination, then § 61.57(c)(1)-(2) requires that, within the preceding 6 months, the pilot must have performed: (1) Six instrument approaches; (2) holding procedures and tasks; and (3) intercepting and tracking courses through the use of navigational electronic systems. [10] If a pilot accomplishes instrument experience exclusively in an ATD, then § 61.57(c)(3) requires that, within the preceding two months, the pilot must have performed the same tasks and maneuvers listed previously plus “two unusual attitude recoveries while in descending V ne airspeed condition and two unusual attitude recoveries while in an ascending stall speed condition.” 14 CFR 61.57(c)(3). Section 61.57(c)(3) also requires a minimum of three hours of instrument recency experience when using an ATD, whereas no minimum time requirement applies when using an aircraft, FFS, or FTD to accomplish the instrument experience.

If a pilot accomplishes the instrument recency experience using an ATD in combination with using an FFS or FTD, then the pilot must—when using an ATD—perform the additional tasks but the “look back” period to act as PIC is six months rather than two months. 14 CFR 61.57(c)(5). The FAA stated in 2009 that the more restrictive time limitations and additional tasks were based on the fact that, at the time, ATDs represented new technology.

Since the ATD provisions were added to § 61.57 in the 2009 final rule, the FAA has received numerous inquiries regarding the terms used in the rule and what might be acceptable combinations when using various aircraft or training devices to satisfy the currency requirements. [11]

The FAA is proposing to amend § 61.57(c) to allow pilots to accomplish instrument experience in ATDs at the same 6-month interval allowed for FFSs and FTDs. In addition, the FAA is proposing to no longer require those pilots who opt to use ATDs exclusively to accomplish instrument recency experience to complete a specific number of additional hours of instrument experience or additional tasks (in existing § 61.57(c)(3)) to remain current. As discussed previously, significant improvements in technology for these training devices have made it possible to allow pilots to use ATDs for instrument recency experience at the same frequency and task level as FSTDs. The FAA believes that this proposal would encourage pilots to maintain instrument currency, promote safety by expanding the options to maintain currency, and be cost saving. As proposed, a pilot would be permitted to complete instrument recency experience in any combination of aircraft, FFS, FTD, or ATD.

Pilots training for a commercial pilot certificate with a single-engine-land rating or a certified flight instructor certificate would no longer have to train in a aircraft with retractable landing gear or use such an aircraft on the corresponding practical tests. Instead, FAA proposes to allow the use of technically advanced aircraft (TAA) for those purposes.

Under the current requirements, an applicant for a commercial pilot certificate with airplane category single engine class rating must accomplish 10 hours of flight training in a complex airplane  or in a turbine-powered airplane…In addition, the Commercial Pilot Practical Test Standards for Airplane (as well as the Flight Instructor Practical Test Standards for Airplane) require a pilot to use a complex airplane for takeoff and landing maneuvers and appropriate emergency tasks for the initial practical test for a commercial pilot certificate with an airplane category…

With the prominence of airplanes equipped with glass cockpits (i.e., TAA) in today’s general aviation aircraft fleet, the FAA believes it is appropriate to permit the use of certain TAA to complete the training required in § 61.129(a)(3)(ii) and appendix D to part 141 as well as to meet the requirements of the commercial single engine airplane pilot and flight instructor practical test standards…

This trend toward exclusive production of airplanes with glass cockpits (TAA) is due to an increase in demand for advanced avionics cockpit platforms by general aviation consumers. ^[39] At the same time, there has been a significant decrease in the production of single engine complex airplanes. ^[40] The FAA understands the decrease in single engine complex airplane manufacturing is due, at least in part, to newer airframe and power plant technologies that allow for aircraft to achieve higher performance (e.g., airspeed, reduced fuel consumption, etc.) without the manufacturing and maintenance costs associated with a retractable gear system that is characteristic of a complex airplane. Cirrus Aircraft has delivered 5,326 aircraft with this fixed gear configuration as of 2012. ^[41]

Notwithstanding the previous use of terms such as glass cockpit and electronic flight instrument displays, the FAA is proposing to adopt an updated definition of “technically advanced airplane” in § 61.1 based on the common and essential components of advanced avionics systems equipped on the airplane, including a PFD, MFD and an integrated two axis autopilot. These components would be required in order to ensure the TAA used to meet the aeronautical experience requirements for commercial pilots in § 61.129(a)(3)(ii) and appendix D to part 141, as well as the related practical test standards, as amended, have the necessary level of complexity comparable to the traditional single engine complex airplane.

TAA would be required to include a PFD that is an electronic display integrating all of the following flight instruments together: An airspeed indicator, turn coordinator, attitude indicator, heading indicator, altimeter, and vertical speed indicator. Additionally, an independent MFD must be installed that provides a GPS with moving map navigation system and an integrated two axis autopilot. ^[44] In general, the pilot interfaces with one or more computers in order to operate, navigate, or communicate. The proposed definition of TAA would apply to permanently-installed equipment and would not apply to any portable electronic device. The FAA recognizes the continuing advancements in aircraft avionics and the need for a pilot to be proficient with modern cockpit equipment and automation. As proposed, the FAA would define the term TAA as an airplane with an electronic PFD and an MFD that includes, at a minimum, a GPS moving map navigation and integrated two-axis autopilot.

In addition to adding a definition of TAA to § 61.1, the FAA is proposing to amend the existing training requirements to permit the use of a TAA instead of a complex or turbine-powered airplane by commercial pilot applicants seeking an airplane category single engine class rating. In addition to the regulatory changes, the FAA would revise the practical test standards for commercial pilot applicants and flight instructors seeking an airplane category single engine class rating.

Updates on Using Aviation Training Devices (ATD)

FAA has published new regulations and guidance for pilots and instructors who use aviation training devices (ATD).

On June 27, 2018, FAA published several important changes to 14 CFR Part 61 that expand the use of ATD, FTD, and FFS to maintain IFR currency. You can read about those changes at BruceAir here.

Updated AC 61-136A

First, FAA published AC 61-136A: FAA Approval of Aviation Training Devices and Their Use for Training and Experience on November 17, 2014. This updated document provides information and guidance for manufacturers of ATD and for instructors and pilots who intend to use a BATD or AATD for activities involving pilot training or certification under 14 CFR Part 61 and 141.

FAA published AC 61-136B in September 2018. For more information about that update, see New AC for ATDs.

The updated AC also explains the requirements for obtaining a letter of authorization from the FAA for all ATDs. That LOA must be renewed every five years.

Changes to 14 CFR Part 61 and Part 141

On December 3, 2014, FAA published changes to 14 CFR Part 61 and Part 141. (You can read the full announcement of the changes in the Federal Register here.) The changes are effective January 20, 2015.

The new language in § 61.65 revises paragraph (i) and adds paragraph (j) to read:

(i) Use of an aviation training device. A maximum of 20 hours of instrument time received in an aviation training device may be credited for the instrument time requirements of this section if—

(1) The device is approved and authorized by the FAA;

(2) An authorized instructor provides the instrument time in the device; and

(3) The FAA approved the instrument training and instrument tasks performed in the device.

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

Part 141.41 is updated to read:

An applicant for a pilot school certificate or a provisional pilot school certificate must show that its flight simulators, flight training devices, aviation training devices, training aids, and equipment meet the following requirements:

(a) Flight simulators and flight training devices. Each flight simulator and flight training device used to obtain flight training credit in an approved pilot training course curriculum must be:

(1) Qualified under part 60 of the chapter; and

(2) Approved by the Administrator for the tasks and maneuvers.

(b) Aviation training devices. Each aviation training device used to obtain flight training credit in an approved pilot training course curriculum must be evaluated, qualified, and approved by the Administrator.

(c) Training aids and equipment. Each training aid, including any audiovisual aid, projector, tape recorder, mockup, chart, or aircraft component listed in the approved training course outline, must be accurate and appropriate to the course for which it is used.

And Appendix C of Part 141,section 4, paragraph (b) is updated to read:

4. Flight training.* * *

(b) For the use of flight simulators, flight training devices, or aviation training devices—

(1) The course may include training in a flight simulator, flight training device, or aviation training device provided it is representative of the aircraft for which the course is approved, meets the requirements of this paragraph, and the training is given by an authorized instructor.

(2) Credit for training in a flight simulator that meets the requirements of § 141.41(a) cannot exceed 50 percent of the total flight training hour requirements of the course or of this section, whichever is less.

(3) Credit for training in a flight training device that meets the requirements of § 141.41(a), an aviation training device that meets the requirements of § 141.41(b), or a combination of these devices cannot exceed 40 percent of the total flight training hour requirements of the course or of this section, whichever is less.

(4) Credit for training in flight simulators, flight training devices, and aviation training devices if used in combination, cannot exceed 50 percent of the total flight training hour requirements of the course or of this section, whichever is less. However, credit for training in a flight training device or aviation training device cannot exceed the limitation provided for in paragraph (b)(3) of this section.

Ground Instructors, ATDs, and Flight Simulators

Some ground instructors have asked about their ability to provide instruction to pilots using ATDs and flight simulators. The FAA has published two letters of legal interpretation to clarify this matter.

The Gatlin letter, issued on September 24, 2010, discusses whether an Advanced Ground Instructor or Instrument Ground Instructor is an “Authorized Instructor,” as defined in 14 CFR 61 for purposes of giving instrument instruction to candidates for pilot certificates and ratings.

The letter explains that ground instructors are authorized to provide only ground training and are not specifically allowed to supervise training time in a flight simulator or training device for purposes of logging time toward an instrument rating or pilot certificate.

The Frick letter, issued on March 30, 2011, backs up that interpretation. It explains that a ground instructor may use training devices as tools, or aids to instruction, but the time cannot be counted towards meeting the aeronautical requirements for a pilot certificate or rating.

In addition, the Frick letter notes that ground instructors may provide instruction in a training device or simulator that helps a pilot meet proficiency requirements. Again, a ground instructor use the devices as tools during training, but that time may not be logged, endorsed, or credited towards recency experience for maintaining a rating.

AC 61-65E–Change 1—Certification: Pilots and Flight and Ground Instructors

FAA has updated AC 61-65E: Certification: Pilots and Flight and Ground Instructors with Change 1. This AC “Provides guidance for pilots and flight instructors on the certification standards, written test procedures, and other requirements contained in FAR Part 61.” It also includes recommended logbook endorsements that CFIs should use when logging instructional flights, endorsing students for solo and cross-country flights, and preparing customers for practical tests.

FAA published AC 61-65F on February 25, 2016, which includes changes to the procedure for obtaining a student pilot certificate.

The update, published January 6, 2014, includes important changes to the requirements for the ATP certificate and other revisions, which are outlined in the record of changes.