FAA Proposes New Air Carrier Training Regulations
 
February 24, 2009
 

On January 12, 2009, the FAA issued a Notice of Proposed Rulemaking (NPRM)¹ that proposes sweeping new training regulations and requirements for crewmembers (flight and cabin) and dispatchers for domestic and flag FAR Part 121 air carriers. The NPRM not only adds new requirements for traditional air carrier training programs, it is intended to reorganize, simplify and modernize all rule language associated with crewmember and aircraft dispatcher qualification and training under Part 121. This proposal revises and recodifies the crewmember qualification and training requirements in Part 121 Subparts N and O into a new Subpart BB and revises and recodifies the aircraft dispatcher qualification and training requirements in Part 121 Subparts N and P into Subpart CC. This NPRM does not affect air carriers that train crewmembers under the Advanced Crewmember Qualifications (AQP) program found in Part 121 Subpart Y. The FAA believes that the current AQP training programs already meet the safety improvements contained in this NPRM.

The FAA is proposing the following safety improvements to its qualification and training requirements:

• Train and evaluate flight crewmembers in a complete flight crew environment.
• Require Line Oriented Flight Training (LOFT) to be administered to flight crewmembers in a full flight simulator (FFS) during recurrent training.
• Require the use of a qualified flight simulation training device (FSTD) for training, testing and checking flight crewmembers.
• Require special hazard training for flight crewmembers, such as loss of control and Controlled Flight Into Terrain (CFIT).
• Require additional training and practice in the use of Crew Resource Management (CRM) principles.
• Require flight attendants to complete “hands on’’ performance drills using emergency equipment and procedures every 12 months.
• Require flight attendants to complete operating experience by aircraft type for the certificate holder.
• Require trained and qualified flight attendant ground instructors and evaluators.
• Standardize the training and experience requirements for check dispatchers and dispatcher instructors.
• Implement supervised operating experience (SOE) requirements for aircraft dispatchers.
• Establish requalification training for aircraft dispatchers and crewmembers.
• Require a continuous analysis process (CAP) for certificate holders.

Time Allotted for Compliance

Air carriers will have five years after the effective date of the final rule (120 days after publication in the Federal Register) to transition from the current regulations under Part 121 subparts N, O and P to the revised requirements for qualification, service, and use of crewmembers and aircraft dispatchers. On the date the current regulations expire, all certificate holders, crewmembers and aircraft dispatchers must be in compliance with the new requirements in Part 121 subparts BB and CC. The NPRM would also require certificate holders to submit a transition plan that specifies the transition completion date, which must be before the expiration of the current regulations.

Carriers that have an approved training program before the effective date of the final rule or that have submitted a training program for approval before the effective date of the final rule may comply with existing regulations, subparts BB and CC, or both. The proposed rule permits simultaneous compliance to allow the certificate holder to continue using its approved programs while transitioning to the new requirements. Although the rule allows the certificate holder to simultaneously comply with the existing regulations and the new rules, each individual crewmember or aircraft dispatcher must be trained and qualified under the requirements of either subparts BB and CC, or subparts N, O and P.

Performance Standards Proposed

Notably, the FAA is also proposing to add four Qualification Performance Standards (QPS) appendices in Part 121: pilots, appendix Q; flight engineers, appendix R; flight attendants, appendix S; and aircraft dispatchers, appendix T. The QPS appendices contain minimum training and evaluation standards as well as procedures for crewmembers and aircraft dispatchers to become qualified and maintain qualification. The material in the proposed QPS appendices is based on the subjects and tasks currently in subparts N, O and P. In addition, the pilot QPS (appendix Q) is based on current Part 121 practical training and checking standards in appendices E and F and in flight simulation performance guidelines in appendix H. The FAA has separated the material in the QPS appendices into two sections: “QPS Requirements” and “Information.” The “QPS Requirements” sections are regulatory and are in addition to the requirements in Part 121, while the “Information” sections are advisory only.

The FAA estimates that the 10-year cost of these proposed rules would be approximately $372.7 million ($229.7 million, discounted). This cost estimate takes in account that 57.2 percent of Part 121/135 air carriers are currently conducting flight crew training under an AQP.

The FAA is currently soliciting comment on this proposed rule. Comments must be received on or before May 12, 2009.²

For more information, contact:

David Harrington
212.513.3512
david.harrington@hklaw.com

toll free: 1.888.688.8500

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1 Qualification, Service, and Use of Crewmember and Aircraft Dispatchers [Docket No. FAA-2008-0677; Notice No. 08-07], 74 Fed. Reg. 1279 (Jan. 12, 2009). See http://edocket.access.gpo.gov/2009/E8-29584.htm.

2 You may send comments identified by Docket Number FAA-2006-26139 using any of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically. Mail: Send comments to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, D.C. 20590. Fax: Fax comments to the Docket Management Facility at 202-493-2251. Hand Delivery: Bring comments to the Docket Management Facility in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, D.C. between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays.

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