Jablecki 2016

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U.S. Department o f Transportation Federal Aviation Administration JUN 3 0 2016 Joseph S. Jablecki, Ph.D Office of the Chief Counsel 800 Independence Ave., S.W.

Washington, D.C. 20591

Re: Clarification of the flight insttuctor certificate requirements for 14 CFR § 61.129(c)(3)(i)

Dear Dr. Jablecki:

This is in response to your e-mail dated March 10, 2016 in which you requested a legal interpretation of the flight instructor certificate requirements for a CFI providing the training required by 14 CFR § 61.129(c)(3)(i). Specifically, you ask "[i]s the Helicopter CFI providing the five hours of training on the control and maneuvering of a helicopter solely by reference to instruments ... Required to have an instrument rating on his/her flight instructor certificate?"

Section 61.129(c)(3)(i) ofTitle 14 of the Code of Federal Regulations (14 CFR) provides, in relevant part, that a person who applies for a commercial pilot certificate with a rotorcraft category and helicopter class rating must log as least 150 hours of flight time as a pilot that consists of at least (3) 20 hours of training on areas of operatioh listed in§ 61.127(b)(3) of this part that includes at least- ····-·---··- ·----·---··---(i)-Fi-ve-heurs-on-the-eontroland-maneuvering·ofa-helicopter-solely-by·-----·---·- ·-·---·-- reference to instruments using a view-limiting device including attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems. This aeronautical experience may be performed in an aircraft, flight simulator, flight training device or an aviation training device.

Section 61.195(c), which became effective on October 21, 2009, addresses instructor limitations and qualifications with respect to instrument ratings. It provides as follows: [a] flight instructor who provides instrument training for the issuance of an .instnunent rating, a type rating not limited to VFR, or the instrument tra;n;ng required for commercial pilot and airline transport pilot certificates must hold an instnunent rating on his or her pilot certificate

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and flight instructor ce1tificate that is appropriate to the category and class of aircraft used for the training provided.

(emphasis added).

In order to provide instrnment training for a commercial pilot certificate or ATP certificate, a flight instructor must have an instrument rating on his or her flight instructor certificate. However, § 61.129(c)(3)(i), unlike its counterparts in § 61.129, does not have a requirement for "instrument training" as defined in I 4 CFR § 61.1. Instead, § 61.129(c)(3)(i) requires training on the "control and maneuvering of a helicopter solely by reference to instrwnents." Therefore, the training in§ 61.129(c)(3)(i) is not considered "instrument training" th.at requires a certified flight instructor to have an instrument rating on his or her flight instructor certificate.

Furthermore, we have previously distinguished the requirements of§ 61.195(c) from those qualifications required for instructors who provide flight training on "basic instrument maneuvers" and "control and maneuvering of an airplane solely by reference to instruments" for private pilot certification. 1 Flight instructors providing this type of flight training are not required to have an instrument rating on their flight instructor ce1tificates. See Legal Interpretation to Taylor Grayson (Jan. 4, 2010). While the training under§ 61.129(c)(3)(i) is flight training for commercial pilot certification, not private pilot certification, the type of training, i.e. training for the "control and maneuvering ... solely by reference to instruments," does not require an instrument rating on flight instrnctor ce1tificate.2 This response was prepared by Melissa Crain, an attorney in the Regulations Division of the Office of the Chief Counsel and coordinated with the General Aviation and Commercial Division of the Flight Standards Service. If you have any additional questions regarding this matter, please contact my office at (202) 267-3073.

Sincerely,

o4L~'~----···-------- Lorelei Peter Assistant Chief Counsel for Regulations 1 14 CFR § 61.107; 14 CFR §61.109 2 In prior revisions to part 61 the FAA has recognized the difficulties and impracticalities of instrument training in helicopters. In the 1997 revision to the Pilot, Flight Instructor, Ground Instructor and Pilot School Ceitification Rules, (62 FR 16220, April 4, 1997), the FAA concmTed with comments that instrument training may be impractical in helicopters and removed the category and class-specific references to the instrument training requirements for helicopters in§ 61.129. 62 FR 16220, 16269. The 1997 Final Rule required "10 hours of instrument training in an aircraft." Section 61.129(c)(3)(i) was revised again in the 2009 Final Rule (74 FR 42500 (Aug. 21, 2009) to reduce the hours of training required to 5 and at that time also revised the language to "control and maneuvering ofa helicopter solely by reference to instruments . . .. "

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.... --.~ ... .. ~ .. ~ - -- ·- ··~,........ -..~--.............. .. _..,_..,~~---

From: Joseph Jablecki

Sent: Thursday, March 10, 2016 3:31 PM

To: Peter, Lorelei (FAA)

Subject: Legal Opinion

Greetings:

. . You recently (24 Feb, 2016) published a letter written to Scott Rohlfing in which you rendered the legal opinion: · Fli 1ht h1strnctors wJio r9_vid9 fli bt.trnlninfl: on the ' 1 control and man~uyc1'in _oJ an a· . J~11e sokl · b •reference t0 t e instm 1cnts" Ill 6 09 are.nQt reffi1~ ·. o 11 '~ 1i 1 . ·r~tJng ?.H _~bci r 1~if;t!\t}!1fii"~~~ cel'tU1cate,, See Legal lilterpretatt.011 to Taylot G.l'ayson (Jtln. 4i 2010). The.refore~ the. 3 hours of fligh1 trninh1g on "the control.and maneuvering ofun. uirpiano 1u>lel y by rc:fe.1~e11ce to instruments" in § 61.109(a)(5) ntay bei applic<l t-0\vt1rd the 40 hour~ of tlctual or simuhit¢d fol>irnment time tmder. § 6t6S(d)(2)~ but may 11ot be applied towm'd the 15 hours ofinslrumcut training unless the flight in11tructor who provl&d the mght truining under§ 61.109(a){3) held an instmment rating OU ·hj5 or her flight tn!ltf\IC1Ql' ccrtificata mid ofherwisc meets (he rcqufr~mcnls of§ 61.65. · We have a similar question as did Scott and we would great ly appreciate your legal opinion. 14 CFR 61.129 (c) 3 (i} states:

{I) FiVe hO\Jrs on ~ l 1 e control atld rmmew1erln\l r)f a. heilroμter solely ov reference (0 11\>t1wnents us1no a view· Hmltlug de'<*::e indudln';l att!tude instrument flyi111r1 partial i;-eneSsklll:s, recovery from ttmtbllal fll~t attitude:>, ..md i n~erceptmg and tr.t1d<in9 navigatfonal i;yst~ms. This ,1ernnautfc.~I t:i.1perien~e may be: perforrneo ~nan air<r(lft, fliQ l1t t>lc.n~11 ;1tor, fllglit :rralnll\g (rev!ct>., or an tMi3Uon training dewce; The Question to Answer is: Is the Helicopter Crl providing the five hours of training on the control and maneuvering of a helicopter solely by reference to instruments ... Required to have an instrument rating on his/her flight instructor certificate?

Joseph S. Jablecki, Phl) --