Brown-2 2017

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U.S. Department of Transportation Federal Aviation Administration "• HAY 3.I 2017 David W. Brown Office of the Chief Counsel 800 Independence Ave., S.W.

Washington, D.C. 20591

Re: FAA observation of check airmen under 14 C.F.R. § 135.339.

Dear Mr. Brown,

This is in response to your letter dated June 29, 2016, requesting clarification on whether a check airman (also known as a check pilot) who is current and qualified in multiple families of aircraft, and who has undergone initial observation by the FAA in one of the aircraft families within the previous 24 month period, must also undergo initial observation for the second family of aircraft.

Section 135.339(a) states that:

(a) No certificate holder may use a person nor may any person serve as a check airman unless:

(1) That person has satisfactorily completed initial or transition check airman training; and (2) Within the preceding 24 calendar months, that person satisfactorily conducts a proficiency or competency check under the observation of an FAA inspector or an aircrew designated examiner employed by the operator. The observation check may be accomplished in part or in full in an aircraft, in a flight simulator, or in a flight training device. This paragraph applies after March 19, 1997.

Section 135.339 does not impose a requirement to undergo independent observation checks for each family of aircraft. The regulation merely requires that a check airman conducts a proficiency or competency check under observation of an FAA inspector or aircrew designated examiner employed by the operator. This is a minimum requirement and observations can occur more frequently than as established in§ 135.339. In the interest of safety, the FAA directs its overseeing inspectors to be judicious when approving check airmen, and so instructs them to be vigilant when overseeing their performance. See FAA Order 8900.1, Vol. 3, Ch. 20, Sec. 6, Para. 3-20-6-2 1. 1 1 FAA Order 8900.1 contains directives and guidance information for Aviation Safety Inspectors and does not apply directly to regulated entities.

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The FAA grants its inspectors sufficient latitude to require all necessary actions - including additional observation checks, if deemed in the interest of safety - to ensure candidates satisfactorily meet all qualification requirements and criteria to become check airmen.2 Although check airmen might only be required to undergo the observation procedure every 24 months, FAA inspectors have the prerogative to conduct additional observations to ensure proficiency or competency. This is likely in a scenario where a candidate seeks approval as a check airman for more than one aircraft type. An inspector will likely require additional observation checks prior to approving a candidate as a check airman when there is little commonality between the previously observed/approved aircraft family and the new aircraft family under which approval is sought. We appreciate your patience and trust that the above adequately responds to your concerns. If you need further assistance, please contact my staff at (202) 267-3073. This response was prepared by Francisco E. Castillo, Attorney in the Regulations Division of the Office of the Chief Counsel, and coordinated with the Air Transportation Division of the Flight Standards Service (AFS-200).

Sincerely,

~~Lorelei Peter Assistant Chief Counsel for Regulations 2 See 49 U.S.C. 44703 (authority to issue airman certificates); 49 U.S.C. 44709 (authority to re-inspect and reexamine ainnan certificates, at any time).

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June 29, 2016 Office of the Chief Comisel 800 Independence Ave., S.W.

Washington, D.C. 20591 DAVIDW.BROWN PHONE:

_........-~ -· - .

email:

I would like an interpretation of 14 CFR Part 135.339. Initial and transition training and checking: Check airmen (aircraft), check airmen (simulator) and the associated guidance in the 8900.

The regulation states that no certificate holder may use a person nor may any person serve as a check airman unless that person has satisfactorily completed initial or transition check airman training; and within the preceding 24 calendar months, that person satisfactorily conducts a proficiency or competency check under the observation of an FAA inspector or an aircrew designated examiner employed by the operator. The observation check may be accomplished in part or in full in an airc~ft, in a flight sitnulator, or in a flight tr,aining device. .

8900. l Voluine 3, Chapter 2(f; Sectfon 2, Paragraph 3-;1429, Approval of aCh'eck PiIOt or Check FE in Multiple Aircraft says before a candidate may be..aj:iptoved ·as·a cheek pilot·or ch~ck FE in more than one type of aircraft, the operator must show that there is a need.. The candidate must be fully qiialified and current iu each :<'>f the airc~ .., fypes. Overseeing 'iiispectors must be ju~cious in approving check-pilotS and checkFEs and·vigilantiii oVerseeiliitheir performance.

There are various a~ptable combinati~ns of check pilot.and chetk FE approvals ...

More 'Tha~ One Ai~cra.ft Fanii1y': For parp3,~ : o:P..~~~ons, ,~ .c~~ck pilot maybe' ..

approved to serve ma combmatwn of two of the followmg aircraft families: 1) one series of multiengine, normal, or commuter category airplanes; 2) single-engine, normal, or commuter category airplanes; or 3) helicopters.

More Than One Commuter or Transport Category Aircraft Type: Before a candidate may be approved as a proficien_cy chec~ pilo~~~~rcraft~ lin~ c~eck pilot-.· ·~11 seats, check pilot-all checks, or check fE__;aircraft ih'tWb .Coii:uD.titei: eatego'i'y'aircraft types or two transport category tyi}es; tlie overseeing 'ln:.spectors inils't erislire that the following conditions are !llet:, . . . 'i) 'Aircraft with'Differerit TCs Noi Deslgn~ted ~s Related for Par't 12i. or Part l35.

· ·a) Proficiency Check Pilot...:....:Afrcraft. The candidate must have logged at le~st ·· · :500hours asPIC i~ea~htY,~~ .... :· ·. · . .· ' . · ·· .. ...:- . " " ·.-..::·, · • b) Line Cheek Pilot--:.All Seats: The ·candidate niust P,ave logged at least I 00 lfouis as· · PiC in each"type and at least f,ooo hourS as PIC in transport- or ,comnillter-cat~gory '- .. ;airplanes;":.<: . . :·,· .. ;;.;:.. ' .::· ....:· " . :; .: .. : <· : · · r ""' :(:.-· · ' . · ;

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c) Check Pilot-All Checks. The candidate must have logged at least 500 hours as PIC in each type; and d) Check FE- Aircraft. The candidate must have logged at least 500 hours as an FE in each type.

My questions specifically are would a check pilot who is authorized in one family of aircraft and wanting to add a different family of aircraft be required to have an initial observation by the FAA in the second aircraft, considering they are current and qualified in both aircraft and the 24 month observation requirement has been complied with?

Would it make any difference in whether another initial observation was required if the check pilot was authorized in a turbo prop aircraft and wanting to add a jet aircraft to their Letter of Authorization without an additional observation by the FAA?

Thank you for your time.

~David W. Brown ..·1~ .. .... -.- ---~-· .-.-... --· .. ~ .·...... ; ...... ·,,.,J,.,;.,•;...,., f\t,J 1.;.:•,,.,.,,. ... • ...:-:~7~: ... .....~-ot4')..~~Jf~••.1'.1:•.. :..."~·-·:::'!~~.