VI.A.10. Subparts N and O - Training Program and Crewmember
Subpart N, Training. As the discussion earlier in this preamble
points out, the issue of training has been the subject of separate
rulemaking. However, several comments were received on training
Comments: AIA states that Notice 95-5 is virtually silent on
training; however, this is an important part of the total picture.
AIA states that the separate initiative on training should be reviewed
in conjunction with this NPRM.
Raytheon echoes AIA's comments on training, and adds that
successful implementation of the training actions would be expected to
have a dramatic impact on future accident statistics. Training should
be the principal focus for safety improvement together with future
programs for safety system monitoring. Raytheon also states that
while NPRM 95-5 was not intended to cover training, Notice 95-5
probably would not have been proposed if training were more effective.
Air Vegas comments that all additional flight training would
have to be done in the aircraft because there is no Beech 99 simulator
in existence. This would increase the hours for initial and
transition training and nearly double training costs.
Fairchild Aircraft says that, under §§ 121.424 and 121.427 as
well as part 121 Appendix E, windshear training must be performed in a
simulator and that such simulators are not likely to be available to
many commuter airline operators. This commenter adds that there is no
evidence that the part 135 windshear program is inadequate.
Fairchild Aircraft recommends that §§ 121.424 and 121.427, as
well as Appendix E, be amended to provide relief from windshear
simulator training for certificate holders of turbopropeller airplanes
with 30 or fewer passenger seats. An individual commenter recommends
that low-altitude windshear training be made a part of both ground and
flight (simulator) training under part 135. This commenter says that,
currently, commuter aircraft are not equipped to receive advance
warning of low-level windshear and that training would help pilots to
better deal with such occurrences. ALPA proposes that § 121.400(b) be
amended by adding a group specific to propeller-driven aircraft with a
seating capacity between 10 and 30 seats. This will ensure that
personnel, particularly dispatchers and meteorologists, understand and
appreciate the working environment of these aircraft, including the
facilities and capabilities associated with weather, airports,
maintenance, and logistics, etc.
An individual commenter supports increased commuter training for
several reasons: Most accidents are related to human (not equipment)
error, there is a need for more simulator training among commuters,
and part 135 aircrews must deal with a high number of regional
landings and takeoffs as well as varied weather conditions.
Jetstream Aircraft Limited and American Eagle support the
proposed rulemaking to strengthen part 135 crewmember training.
FAA Response: The comments on appropriate training requirements,
while generally supportive of the FAA's goals in this rulemaking, are
actually more relevant to the separate rulemaking addressed in Section
III.E, Related FAA Action. The windshear simulator training
requirements only affect turbine powered airplanes (turbojets) on
which windshear equipment is required by § 121.358.
Subpart O, Crewmember Qualifications. Because of the separate
rulemaking previously discussed, the FAA did not propose any changes
to subpart O except for the removal of an obsolete section (§
121.435). Nonetheless, a number of comments were received.
Comments: RAA, ASA, Gulfstream, United Express, Big Sky
Airlines, and an individual oppose the requirement that currently
qualified first officers performing the duties of second in command
obtain initial operating experience (IOE) under § 121.434. However,
these commenters do support an IOE requirement for newly designated
first officers and new hires. United Express recommends that air
carrier proving runs be used for operations evaluation and that if,
during the proving runs, an airline does not meet performance
criteria, operations should terminate until a satisfactory fix is
American Eagle supports IOE requirements for all first officers
and believes that the additional costs associated with such a
requirement are worth it to ensure that these pilots are fully
RAA, ASA, and Gulfstream believe that a basis and criteria for
"grandfathering" these current and qualified seconds in command can be
the training records of each of these airmen as well as the flight
records documenting their experience as first officers.
An individual commenter says that a precedent for grandfathering
these pilots is the "N & O" exemptions held by certain 135 certificate
holders which allows training under part 121 but does not require
repetition of unique part 121 IOE for crews which have been conducting
scheduled operations under part 135.
Fairchild Aviation recommends that § 121.437(a) be amended to
recognize the fact that not all 10-19 passenger airplanes are large
airplanes. This commenter says that this section should be changed to
read, "...and, if required, an appropriate type rating for that
FAA Response: The comments on appropriate crewmember
qualification requirements are actually more relevant to the separate
rulemakings addressed in Section III.E, Recent FAA Actions. The
concerns raised by these commenters have been considered in those