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AGENCY:
Federal Aviation Administration (FAA), Department of Transportation (DOT).
ACTION:
Final rule.
SUMMARY:
As directed by the FAA Reauthorization Act of 2018, the FAA will allow pilots conducting public aircraft operations to credit their flight time towards FAA civil regulatory requirements. Additionally, consistent with the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, this final rule will amend the operating rules for experimental aircraft to permit certain flight training, testing, and checking in these aircraft without a letter of deviation authority. As directed in the FAA Reauthorization Act of 2024, the same relief will be extended to certain flight training, testing, and checking in limited category, primary category, and experimental light sport aircraft. This final rule also revises miscellaneous amendments related to recent flight experience, flight instructor privileges, flight training in certain aircraft holding special airworthiness certificates, and the related prohibitions on conducting these activities for compensation or hire. These changes will clarify existing regulatory requirements, align the regulations with current industry practice, and ensure compliance with the FAA Reauthorization Acts of 2018 and 2024 and the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.
DATES:
Effective December 2, 2024.
ADDRESSES:
For information on where to obtain copies of rulemaking documents and other information related to this final rule, see “How to Obtain Additional Information” in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
Erin Cappel, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-1100; email erin.cappel@faa.gov.
SUPPLEMENTARY INFORMATION:
List of Abbreviations and Acronyms Frequently Used In This Document
ATC: Air Traffic Control
ELSA: Experimental Light-Sport Aircraft
ICAO: International Civil Aviation Organization
IFR: Instrument Flight Rules
LODA: Letter of Deviation Authority
NAS: National Airspace System
NPRM: Notice of Proposed Rulemaking
NTSB: National Transportation Safety Board
PAO: public aircraft operation(s)
PIC: Pilot-in-command
SIC: Second-in-command
SLSA: Special Light-Sport Aircraft
VFR: Visual Flight Rules
Table of Contents
I. Executive Summary
A. Purpose of the Regulatory Action
B. Changes Made in This Final Rule
C. Summary of the Cost and Benefits
II. Authority for the Rulemaking
III. Background
A. Summary of the NPRM
B. Overview of Comments Received
IV. Discussion of Comments and the Final Rule
A. Logging Flight Time in Public Aircraft Operations (§ 61.51)
B. Revision of the Definition of “Public Aircraft” (§ 1.1)
C. Exceptions to Recent Flight Experience for Pilot in Command (§ 61.57(e))
D. Flight Instructor Privileges (§§ 61.193 and 61.413)
E. Flight Training is Carrying a Person for Compensation or Hire
F. New Definition of Passenger (§ 61.1(b)) and Related Changes (§ 61.57)
G. Experimental Light-Sport Aircraft (§ 91.319(e))
H. Exception To Operating Certain Aircraft for the Purposes of Flight Training, Flightcrew Member Checking, or Flightcrew Member Testing (§ 91.326)
I. Miscellaneous Issues in Part 91
J. Severability
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
B. Regulatory Flexibility Act
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
VI. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments
C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use
D. Executive Order 13609, Promoting International Regulatory Cooperation
VII. Additional Information
A. Electronic Access and Filing
B. Small Business Regulatory Enforcement Fairness Act
I. Executive Summary
A. Purpose of the Regulatory Action
As directed by section 517 of the FAA Reauthorization Act of 2018 (Pub. L. 115-254), this final rule allows pilots conducting public aircraft operations (PAO) under Title 49 of the United States Code (49 U.S.C.) 40102(a)(41) and 40125 to credit their flight time towards FAA civil regulatory requirements. While section 517 requires the FAA to issue regulations to allow the logging of flight time in aircraft used in PAO under direct operational control of forestry and fire protection agencies, this final rule will permit all PAO to be eligible for logging of flight time. Moreover, this final rule expands the regulatory framework to allow pilots serving in PAO as second-in-command (SIC) to log flight time under certain circumstances.
The FAA uses the term “public aircraft operation” (PAO) to refer to public aircraft operations in general. For purposes of this rulemaking document, uses the abbreviation “PAO” to refer to both the singular and plural of those operations. The FAA considers the two terms to be synonymous.
As discussed elsewhere in this document, the FAA notes that section 826 of the FAA Reauthorization Act of 2024 (Pub. L. 118-63) requires that, notwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency. Section 826 further stated that this provision shall be applied as if enacted on October 5, 2018. As noted, this final rule meets, and expands upon, the requirements of section 826.
This final rule clarifies recent flight experience requirements and authorized flight training activities under part 61. This final rule adds § 61.57(e)(5) to codify an exception that would enable a person receiving flight training to act as pilot-in-command (PIC) in certain circumstances, even if that person does not meet the recent flight experience requirements for carrying passengers under § 61.57(a) or (b). Additionally, the FAA adds “maintaining or improving skills for certificated pilots” to the list of flight instructor privileges in §§ 61.193(a)(7) and 61.413(a)(6) to clarify that flight instructors are authorized to conduct certain specialized and elective training. Finally, this final rule revises the definition of “public aircraft” to align with the revised definition of 49 U.S.C. 40125(a)(2), which was amended by section 923 of the FAA Reauthorization Act of 2024.
Furthermore, this final rule amends part 91 operating rules to explicitly set forth prohibited operations and create limited exceptions to the general prohibition on carriage of persons for compensation or hire for flight training, testing, and checking in aircraft holding certain special airworthiness certificates consistent with section 5604 of the National Defense Authorization Act (NDAA). This final rule also removes the requirement for owners (and certain persons affiliated with owners) to obtain a letter of deviation authority (LODA) to accomplish flight training in their aircraft, as directed by section 814 of the FAA Reauthorization Act of 2024, and to clarify the general prohibition on operating aircraft with certain special airworthiness certificates while carrying persons or property for compensation or hire. Additionally, this final rule expands certain flight training, testing, and checking abilities in limited category, primary category, and experimental light sport aircraft. The FAA anticipates that the changes will provide greater access to specialized training in aircraft with special airworthiness certificates.
B. Changes Made in This Final Rule
After considering comments on the notice of proposed rulemaking (NPRM) provided by the public, this final rule implements several changes from what was proposed in the NPRM. Table 1 provides a brief summary of all regulatory changes associated with this rulemaking, including those changes from the NPRM to final rule. The changes are discussed in more detail in Section IV of this preamble.
See Public Aircraft Logging of Flight Time, Training in Certain Aircraft Holding Special Airworthiness Certificates, and Flight Instructor Privileges, 88 FR 41194 (June 23, 2023).
Table 1—Summary of Regulatory Text Changes
| Provision | Regulatory citation (14 CFR) | Proposed action | Final rule action |
|---|---|---|---|
| Definitions | § 1.1 | No proposed changes | Revises the definition of “public aircraft”. |
| Applicability and definitions | § 61.1(b) | No proposed changes | Amends § 61.1(b) to define “passenger” as any person on board an aircraft other than a crewmember, FAA personnel, manufacturer personnel required for type certification, or a person receiving or providing flight training, checking, or testing as authorized by part 61. |
| Pilot logbooks | § 61.51(f)(4) | Clarifies that a person designated as second-in-command (SIC) by a government entity may log SIC time if the aircraft used was a large aircraft as defined in § 1.1, a turbo-jet powered airplane, or if the aircraft holds or originally held a type certificate that requires a second pilot | Adopted as proposed. |
| § 61.51(f)(4)(i) | Specifies that SIC time logged under paragraph (f)(4) may not be used to meet the aeronautical experience requirements for the private or commercial pilot certificates or an instrument rating | Adopted as proposed. | |
| § 61.51(f)(4)(ii) | Delineates that an applicant for an air transportation pilot (ATP) certificate who logs SIC time under § 61.51(f)(4) is issued an ATP certificate with a limitation | Modifies the text to specify that an ATP applicant only needs a limitation added to their ATP certificate in accordance with ICAO requirements if that applicant logs second in command time in an aircraft that is not type certificated for two pilots; adds reference to § 61.161. | |
| § 61.51(j)(4) | Allows logging of flight time for pilots engaged in any PAO in accordance with 49 U.S.C. 40102(a)(41) and 40125 | Adopted as proposed. | |
| Recent flight experience: Pilot in command | § 61.57(a)(1) and (b)(1) | No proposed changes | Revises “passengers” to “persons” due to new § 61.1 definition of “passenger.” |
| § 61.57(e)(5) | Provides an exception to § 61.57(a) and (b) enabling a pilot to regain recent flight experience with a flight instructor on board | Adopted as proposed. | |
| § 61.57(e)(6) | No proposed change | Adds an exception to § 61.57(a) and (b) to harmonize with § 61.47(c). | |
| Aeronautical experience: Airplane category rating | § 61.159(e) | Allows a pilot to credit SIC time logged under PAO toward the total time for an ATP certificate | Adopted as proposed. |
| Aeronautical experience: Rotorcraft category and helicopter class rating | § 61.161(d) | Allows a pilot to credit SIC time logged under PAO toward the total time for an ATP certificate | Adopted as proposed. |
| Flight Instructor Privileges | §§ 61.193(a) and 61.413(a) | Clarifies that, within the limits of their certificates, authorized flight instructors may conduct ground and flight training, and certain checking events, in addition to issuing endorsements | Revises the introductory paragraph of § 61.413(a) to mirror the language provided in § 61.193(a) to ensure consistency. Otherwise adopted as proposed. |
| §§ 61.193(a)(7) and 61.413(a)(6) | Clarifies that flight instructors are authorized to conduct certain specialized and elective training | Adopted as proposed. | |
| §§ 61.193(c) and 61.413(c) | Clarifies that the privileges afforded to authorized flight instructors under these provisions do not permit operations that would require an air carrier or operating certificate or specific authorization from the Administrator | Adopted as proposed. | |
| Limited category civil aircraft: Operating limitations | § 91.315 | Adds new § 91.315(a) through (d) to clarify operations that may not be conducted while carrying persons or property for hire and directs stakeholders to new § 91.326 | Adopted as proposed. |
| Aircraft having experimental certificates: Operating limitations | § 91.319(a) | Revises the introductory text to include a reference to § 91.326 | Adopted as proposed. |
| § 91.319(a)(2) | Revises the broad language in § 91.319(a)(2) regarding the operation of experimental aircraft carrying persons or property for compensation or hire to further clarify its intent | Adopted as proposed. | |
| § 91.319(d)(3) | Replaces “air traffic control (ATC)” with “control tower.” | Adopted as proposed. | |
| § 91.319(e), (e)(1), and (e)(2) | Removes the date restriction on flight training in these aircraft and cross-references proposed § 91.326 | • Amends the introductory text by directly referencing light-sport aircraft and moves the exception language into paragraph (e)(1). • Modifies § 91.319(e)(2) by directly referencing light-sport aircraft. • Adds language to be inclusive of aircraft certificated under § 21.191(i) for use in flight training. | |
| § 91.319(f) | Moves the exception language into new paragraph (f)(1). Adds new paragraph (f)(2) to allow solo flights in accordance with a training program included as part of the deviation authority specified under § 91.326(b) | Adopted as proposed. | |
| § 91.319(f)(2) | Adds language to permit training in certain experimental light-sport aircraft for compensation or hire through existing deviation authority in accordance with proposed § 91.326(b) | Adopted as proposed. | |
| § 91.319(h) | Removes the current deviation authority and reserves the paragraph | Adopted as proposed. | |
| Primary Category Airworthiness Certificates | § 91.325(a) | Adds new paragraphs (a)(1) through (4) to clarify operations that may not be conducted while carrying persons or property for hire | Adopted as proposed. |
| § 91.325(b) | Adds a reference to § 91.326(a) to the introductory language. Enables primary category aircraft to be used for flight training, checking, and testing without the need to obtain deviation authority | Corrects reference to § 91.326(c) instead of § 91.326(a) and otherwise adopted as proposed. | |
| § 91.325(c) | Adds new § 91.326(c) to permit primary category aircraft maintained by FAA certificated mechanics or authorized repair stations to be operated for compensation or hire for the purposes of conducting flight training, checking, and testing without deviation authority or an exemption | Adopted as proposed. | |
| Exception to operating certain aircraft for the purposes of flight training, flightcrew member checking, or flightcrew member testing | § 91.326(a) | Adds new § 91.326 to provide who may receive and provide flight training, checking, and testing without deviation authority and to specify when deviation authority is required for these operations | • Adds the title “General.” • Modifies the language to specify that, notwithstanding the prohibitions in §§ 91.315, 91.319(a), and 91.325, a person may conduct flight training, checking, or testing in a limited category aircraft, experimental aircraft, or primary category aircraft under the provisions of this section. • Moves the § 91.326(a) operations not requiring a LODA to § 91.326(c)(1). |
| Exception to Operating Certain Aircraft for Compensation or Hire | § 91.326(a)(1) | Prohibits the authorized instructor from providing both the training and the aircraft | Redesignates the proposed language as § 91.326(c)(1)(i). |
| § 91.326(a)(2) | Prohibits any person from broadly offering the aircraft as available for the activity | Redesignates the proposed language as § 91.326(c)(1)(ii). | |
| § 91.326(a)(3) | Specifies that no person would be permitted to receive compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was accomplished, other than expenses for owning, operating, and maintaining the aircraft | Redesignates the proposed language as § 91.326(c)(1)(iii). | |
| § 91.326(b) | Provides that any person who wants to conduct flight training, checking, or testing in limited category and experimental aircraft outside the restrictions and limitations of proposed § 91.326(a) and (c) may apply for deviation authority | Changes proposed title to “Operations requiring a letter of deviation authority.” Removes the reference to § 91.326(a). | |
| § 91.326(b)(1) | Clarifies that no person may operate under this section without a LODA | Adopted as proposed. | |
| § 91.326(b)(2) | Enables the FAA to cancel or amend a LODA if it determines that the deviation holder has failed to comply with the conditions and limitations or at any time if the Administrator determines that the deviation is no longer necessary or in the interest of safety | Adds language to § 91.326(b)(2) to memorialize the Administrator's authority to deny an application for a LODA if it would not be in the interest of safety or is unnecessary. | |
| § 91.326(b)(3)(i) through (ix) | Enumerates the items an applicant would be required to include in their request for deviation authority | Removes § 91.326(b)(3)(vi) and otherwise adopted as proposed. | |
| § 91.326(b)(4) | Allows the Administrator to continue to prescribe additional conditions and limitations in LODAs for experimental aircraft and extend that allowance to LODAs issued for training, testing, and checking in limited category aircraft when necessary for safety | Adds certain conditions and limitations in new § 91.326(b)(4)(i) through (viii). | |
| § 91.326(b)(5) | Limits the persons permitted to be on board an aircraft during operations under a LODA to authorized flight instructor, designated examiner, person receiving flight training or being checked or tested, or persons essential for the safe operation | Allows up to two trainee observers to be carried in operations conducted under a LODA, provided the carriage is not prohibited by any other regulation, the observer is enrolled in in a LODA training course for the same aircraft, and the observation takes place from a forwardmost observer seat with an unobstructed view of the flightdeck. | |
| § 91.326(b)(6) | Specifies that the Administrator may limit the types of training, testing, and checking authorized under this deviation authority | Adopted as proposed. | |
| § 91.326(c) | Instructs holders of LODAs issued under § 91.319(h) on LODA validity and expiration at the time of publication of the final rule | • Redesignates proposed § 91.326(c) as § 91.326(d), with no substantive revisions. • Adds § 91.326(d), titled “Previously issued letters of deviation authority.” • New § 91.326(c), titled “Operations not requiring a letter of deviation authority,” provides introductory language on operations that may be conducted without a LODA (see previously denoted revisions to § 91.326(a)). | |
| § 91.326(c)(2) | No proposed change | Adds new § 91.326(c)(2) to specify that a person may operate a limited category aircraft, experimental aircraft, or primary category aircraft to conduct flight training, checking, or testing without a LODA if no person provides and no person receives compensation for the flight training, checking, or testing, or for the use of the aircraft. | |
| Aircraft having a special airworthiness certificate in the light-sport category: Operating limitations | § 91.327(a)(2) | Adds to the existing explicit permission for flight training that a person may conduct checking and testing | Adopted as proposed. |
To note, these changes do not add any major substantive requirements to the limitations as set forth in the proposed AC.
Table 1—Total Burden Hours and Costs for Current LODA Holders Who Must Reapply
| Year | Number of LODA applications from current LODA holders | Hours per application current LODA holders | Total burden hours | Total cost for applicants undiscounted |
|---|---|---|---|---|
| 1 | 60 | 4 | 240 | $15,181 |
| 2 | 120 | 4 | 480 | 30,362 |
| Total | 720 | 45,543 | ||
| Mean | 360 | 22,772 | ||
| LODA = Letter of Deviation Authority. | ||||
| The FAA assumes that approximately one-third of current LODA holders will reapply the first year after the effective date of a final rule, and the remaining LODA holders will reapply in the second year. | ||||
| Undiscounted applicant cost calculated as burden hours times average labor rate including benefits. The FAA used an average wage, including benefits of $63.25, which is the average wage of flight instructors ($43.14) divided by the percent of total employer costs of employee compensation represented by wages (68.2%) to account for benefits (31.8%). Flight instructor wages are the Bureau of Labor Statistics wage estimate for commercial pilots employed at technical and trade schools. Accessed April 12, 2022, www.bls.gov/oes/2021/may/oes532012.htm. |
Table 2—Total Burden Hours and Cost to Federal Government To Process Applications From Current LODA Holders Who Must Reapply
| 14 CFR part or section identified and described | Current OMB control No. |
|---|---|
| * * * * * * * | |
| Part 91 | 2120-0005, 2120-0026, 2120-0027, 2120-0573, 2120-0606, 2120-0620, 2120-0631, 2120-0651, 2120-0819, 2120-0820. |
| * * * * * * * |