Proposed FAR Changes: An Overview

by Tom Hamilton


On August 11 the Federal Aviation Administration published in the Federal Register a Notice of Proposed Rule Making (95-11) to amend Federal Aviation Regulation Parts 1 (definitions), 61 (certification of pilots and flight instructors), 141 (pilot school certification), and 143 (ground instructors).

Part 143 would be eliminated and combined with Part 61. Following is a general overview of some of the proposed changes to Parts 1 and 61. The complete text of the revisions to Part 1, Definitions and Abbreviations, and Part 61, Certification: Pilots, Flight Instructors, and Ground Instructors begins on page 22.

You are encouraged to read the entire text of the proposed Part 61.

Part 1 contains three changes that revise the definitions of "balloon", "flight time", and "pilot in command". The full text of the revised definitions is found on the next page.

There are 63 issues that the changes to Part 61 encompass. Of those 40 are directly or indirectly related to balloons. The most significant of the changes is the proposal to create a lighter than air flight instructor rating.

The proposed rule includes a "grandfather clause" that allows current balloon pilots with a commercial rating to continue to give flight instruction for a period of two years after the effective date of the final rule (61.3-k). The proposed rule also sets forward the requirements for a current commercial balloon pilot to obtain their initial flight instructor rating for balloons (61.201-f) and the requirements to maintain that rating (61.197).

New requirements for all instructors include using a written syllabus and the inclusion of human factors and aeronautical decision making in the teaching process.

Another significant change involves the limitations on a balloon rating. Currently someone who qualifies for their license in a gas balloon is rated to fly hot air balloons with or without airborne heaters. Under the proposed changes hot air balloon without airborne heater is eliminated. The balloon rating will contain a limitation based on the type of balloon that the practical test is taken with—gas or airborne heater. The limitation can be removed by taking the practical test for the other category.

Some of the subtle changes come in the form of new word(s) that replace existing terms. These changes can modify completely the definition of what is expected. One example is the elimination of solo. In its place is the term "Supervised PIC". Supervised PIC time is flight time in an aircraft that applies to either a student pilot or pilot who is not rated in the aircraft flown, but is under the supervision and authorization of an authorized flight instructor to conduct the flight. Good news, you can log solo student time as PIC time. Now, consider what supervision and authorization mean. The FAA does not define supervision.

Knowledge Test replaces "written test", Practical Test replaces "oral and flight test", and Training Time means flight or ground instruction from an authorized instructor.

In the box located nearby on this page is a listing of the issues which the changes to Part 61 address.

Availability of the NPRM
Any person may obtain a copy of NPRM by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267-3484. Requests should be identified by the NPRM number (95-11) or docket number (25910) of this proposed rule. Persons interested in being placed on a mailing list for future proposed rules should also request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

An electronic version of the NPRM is available from several computer information providers such as CompuServe and AOL. The NPRM can be found in the Aviation Forums and downloaded.

DATES: Comments must be received on or before December 11, 1995.

ADDRESSES: Comments on the proposals may be delivered or mailed in triplicate to: Federal Aviation Administration, Office of the Chief Counsel, Attention: Rules Docket (AGC-10), Docket No. 25910, 800 Independence Avenue, SW., Washington, DC 20591. All comments must be marked "Docket No. 25910." Comments may be examined in the Rules Docket, Room 915G, weekdays between 8:30 a.m. and 5 p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-840, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-3844.

Part 61 Issues

  1. Definition of Terms
    1. Aeronautical Experience
    2. Airman Certificate
    3. Authorized Ground Instructor
    4. Authorized Flight Instructor
    5. Cross-Country Time
    6. Examiner
    7. Flight Training
    8. Ground Training
    9. Instrument Approach
    10. Instrument Training
    11. Knowledge Test
    12. Practical Test
    13. Supervised Pilot-in-Command (PIC) Time
    14. Training time
  2. Areas of Operation
  3. New Aircraft Category, Classes
    1. Powered-Lift
    2. Glider Class Ratings
  4. New Instrument Ratings
    1. Airship Instrument Rating
    2. Instrument ratings-airplanes
    3. Instrument rating-Powered-lift
  5. Lighter-Than-Air Flight Instructor Certificate
  6. Revision of Ground Instructor Certificates and Ratings; Inclusion in Part 61.
  7. Eligibility and Tests
  8. Training Requirements
  9. Proficiency
  10. Privileges and Limitations
  11. Records
  12. Recency of Experience
  13. Conversion to New System of Ground Instructor Certificate
  14. Medical Certificates
  15. Required Pilot Possession of Pilot and Medical Certificates
  16. Issuance of U.S. Pilot Certificates on the Basis of Foreign Pilot Licenses
  17. Logging Flight Time
  18. Recency of Experience Requirements
  19. Instrument Currency
  20. English Language Ability Requirements
  21. Flight Training Given by a Flight Instructor Not Certificated by the FAA
  22. Second-in-Command (SIC) Training and Recent Experience
  23. Knowledge Tests
  24. Standardized Syllabus
  25. Training and Endorsements
  26. Endorsement for Complex and High Performance Airplanes
  27. Aircraft Type Specific Training
  28. Human Factors
  29. Aeronautical Decision Making and Judgment Training
  30. Windshear Avoidance
  31. Aeronautical Experience Requirements
  32. Instrument Rating
  33. Recreational Pilot Certificate
  34. Preflight Planning
  35. Limitations on Cross-Country Endorsements
  36. Night Flight Training
  37. Private Pilot Limitations
  38. Glider Towing
  39. Eligibility for Commercial Pilot Certificate
  40. Use of Turbojet Airplanes for Commercial Pilot Certification
  41. Commercial Pilot Experience--Cross Country Training Flight
  42. ATP Requirements
  43. Pilot in Command Hour Requirement for Initial Flight Instructor Applicants
  44. Experience Required for Training Flight Instructor Candidates
  45. Flight Instructor Renewal Requirements
  46. Flight Instructor Duty Time Limitations
  47. Flight Training from a Control Seat

Copyright © 1995 Balloon Life. All rights reserved.