5-5 as a wind indicator. The wind tee, under certain circumstances, may be either an active runway or wind indicator.
4. When required, the traffic direction indicator (refer to § 141.38(d)) must show the direction of traffic patterns for all runways regardless of landing or takeoff direction.
5. When referring to part 141 pilot schools approved for lighter-than-air balloons, the term “airport” should be taken to mean launch site. An important training element in balloon training is proper site selection. Before the launch of a balloon, an instructor authorized by the school must approve the site.
The specific equipment requirements of § 141.38 (i.e., runway lights, traffic direction indicators, and wind direction indicators) are inappropriate for lighter-than-air balloon operations. Wind direction may be determined by means of a pilot balloon. The area downwind from the launch site should be free of obstructions for 100 feet for each knot of wind. For example, a 4-knot wind requires a 400-foot area free of obstruction downwind. The PIC will determine the landing site.
5.13 Airports—Satellite Bases. A certificate holder may conduct aeronautical knowledge or flight training in an approved course of training at one or more satellite bases. Satellite locations are considered part of the main base of operations and allow schools to offer identical training programs at various locations. An assistant chief instructor must be designated for each satellite base. With the jurisdictional FSDO’s approval, an assistant chief instructor may serve for more than one satellite base. Personnel used at the satellite base must meet the requirements of § 141.91. The satellite base and its facilities must be approved in the TCOs for courses given at those bases.
5.13.1 The holder of a provisional pilot school certificate or pilot school certificate may conduct training at a location other than the primary address on record and would not be required to apply for a satellite base of operations, provided the secondary location is within the same metro area, town, or airport as the provisional pilot school or pilot school. The pilot school or provisional pilot school would need to utilize the same chief instructor, flight instructors, and TCO and syllabus on record for that course. Those training locations must be located within the same jurisdictional FSDO and must be sanctioned and approved by that same FSDO and formally listed in the TCO. In addition, the chief instructor must have reasonable access to any ground or flight instruction activities or facility during the period instruction is being provided at the secondary location.
5.13.2 For example, a university holds a pilot school certificate and uses the campus location for all the ground school training and recordkeeping, but then accomplishes the simulator training at an airport 10 miles away (but within the same city). The flight training is also conducted at another location at that same airport. In this case, the same chief instructor and flight instructors are conducting oversight and training for that pilot school. The jurisdictional FSDO has determined, in this case, a satellite base designation is not necessary. However, in this next scenario, everything is the same, with the exception that the simulator is located at a different airport in another town where it is difficult for the
5-6 chief instructor to provide oversight. In this case, this simulator is considered a satellite base, requiring an assistant chief instructor to provide oversight as per § 141.91.
5.13.3 If a valid reason exists, training may be conducted for periods up to 7 days at a satellite base without the approval of the jurisdictional FSDO. For example, runways may be closed at the main operations base for maintenance, or other activities may be underway on the airport. The jurisdictional FSDO must be notified in writing if training is conducted at a satellite base for more than 7 consecutive days.
5.13.4 When the jurisdictional FSDO is notified that a school will conduct training at an unapproved satellite base for more than 7 consecutive days, an Operations inspector should determine if the operations are of a temporary nature or if they will involve extended use of the unapproved base. If the FAA inspector concludes the temporary use of the unapproved base will not reduce safety or the quality of training, temporary operations at that base may be authorized for a period of time not to exceed 30 days.
5.13.5 If operations at the unapproved satellite base will exceed a period of 30 days, the school should apply to the jurisdictional FSDO for the approval of a satellite base, using FAA Form 8420-8, Application for Pilot School Certification, along with the application and the amendments for each approved training course to be given at the satellite base. Each satellite base approved may be inspected to ensure it meets the requirements of part 141.
Section 141.91 provides the regulatory requirements for a satellite base.
5.13.6 If a satellite base is located in an area under the jurisdiction of another FSDO within the same region or in another region, additional coordination is required by the FSDOs involved. This may lead to additional time for approval.
5.14 Terminating the Demonstration and Inspection Phase. When all demonstrations and inspections are complete, the demonstration and inspection phase is concluded.
1. If any demonstrations or inspections are unsatisfactory, the applicant will be immediately advised in writing of corrective actions needed.
The appropriate demonstration or inspection will be rescheduled accordingly.
2. When all demonstrations and inspections are satisfactory, the next step is the certification phase.
6-1 CHAPTER 6. CERTIFICATION PHASE
6.1 Completion of Reports. In the certification phase, the certification team will confirm that all required items have been reviewed, inspected, and approved. Once all items have been addressed as satisfactory or not applicable, then the certification team can complete the certification process. The next step is for the certification team to complete all applicable documents, prepare the certification file, and send the entire file to the jurisdictional Flight Standards District Office (FSDO) management for review and signature.
6.2 Air Agency Certificate Number. When all certification requirements have been met, the jurisdictional FSDO will obtain an Air Agency Certificate number. The Air Agency Certificate number is utilized on the Air Agency Certificate and letters of authorization (LOA). This unique number will be used on documents and correspondence as needed in the future. Upon receiving an Air Agency Certificate, the applicant is issued LOAs or letters of approval.
6.3 Air Agency Certificate Information. The Air Agency Certificate will state if the certificate is a provisional pilot school or a pilot school. Upon initial certification, the Air Agency Certificate will reflect the granting of a provisional pilot school certificate.
The Air Agency Certificate will also provide the following information (see Appendix A, Figure A-1, Sample Air Agency Certificate):
• The certificate holder’s full legal name and any doing business as (DBA) names;
• The address of the certificate holder’s base of operations;
• The Air Agency Certification number;
• The date of issue (the date all certification requirements are met);
• A list of all ratings that have been approved (per 14 CFR part 141, § 141.11);
• The name and signature of the FSDO manager, along with the issuing office number; and
• The expiration date of the certificate.
6.4 List of Approved Ratings and Courses. The jurisdictional FSDO will send to the applicant an LOA, stating the approved pilot school rating(s) and courses approved under § 141.11. The LOA will contain an effective date for each of the courses.
6.5 Certification File for Applicant. The jurisdictional FSDO will have all of the information in an operator file; as stated above, the applicant should have similar certification files for its records. It is important that applicants keep a file that includes all signed documents received by the jurisdictional FSDO. During the document compliance phase, the training course outline(s) (TCO) will be stamped approved by the principal operations inspector (POI).
6-2 Note: These signatures are important to keep filed because they will be inspected in the future to ensure the school is maintaining a record. This record may be kept electronically or as a paper file. Chapter 7, Other Certification Information, Post-Certification, and Acceptable Practices, discusses the processes after certification, what inspections will occur, and why files must be maintained.
6.6 Display of Certificate. An Air Agency Certificate issued to the pilot school must be displayed in a place that is normally accessible to the public. The school’s Air Agency Certificate must be available to the FAA Administrator, the National Transportation Safety Board (NTSB), or any Federal, state, or local law enforcement officer.
6.7 Certification Denial. If any certification requirement is not met, the jurisdictional FSDO will send the applicant a letter of denial. The letter will explain the reason(s) for denial.
The application will indicate “disapproved,” with any necessary comments, and will be signed by the jurisdictional FSDO manager. The applicant may resubmit a new application with corrections.
7-1 CHAPTER 7. OTHER CERTIFICATION INFORMATION, POST-CERTIFICATION,
AND ACCEPTABLE PRACTICES
7.1 Advertising. As required by 14 CFR part 141, § 141.23, a part 141 pilot school may not advertise a course of training not listed on its Air Agency Certificate. The school may not advertise that it is certificated unless it clearly differentiates between the courses that have been approved under part 141 and those not approved under part 141.
Note: When a school certificate has expired, or has been surrendered, suspended, or revoked, it is required by § 141.23(c)(1) to remove all indications that the school is certificated by the FAA. This includes all advertising mediums and any websites.
7.2 Ongoing Documentation. After the applicant receives certification as a provisional pilot school, there are ongoing documents and requirements the new provisional pilot school must continue to maintain. Such schools will receive surveillance from the jurisdictional Flight Standards District Office (FSDO) to ensure ongoing compliance with the training course outlines (TCO), syllabi, training records, aircraft requirements, and other documents.
7.3 Training Records. Section 141.101 prescribes minimum standards for student recordkeeping for part 141 pilot schools. Many part 141 schools now use modern learning management systems (LMS), which incorporate more robust recordkeeping, including lesson grades, completion or noncompletion of each element of a lesson to a certain standard, and instructor notes. An electronic LMS also conveys the student’s progress, any learning challenges being experienced, and syllabus items remaining to the student, instructor, and chief instructor.
7.4 Inspections. Facility inspections are always conducted during the initial certification of a provisional pilot school and at 24-month intervals during the certification renewal.
They also may be conducted during spot checks for quality control (QC) purposes.
A facility inspection generally covers all areas pertinent to the certificate. These inspections are designed to assist part 141 pilot schools with regulatory compliance and are a way for a school to correct any issues that are found. Section 141.21 allows the jurisdictional FSDO to inspect the school, personnel, facilities, and equipment.
7.5 Inspection of Aircraft Maintenance Records. During routine inspections by the jurisdictional FSDO, a Maintenance inspector inspects aircraft maintenance and alteration records in order to determine whether an aircraft has a current, appropriate inspection, and meets 14 CFR requirements. The aircraft records will be reviewed to confirm compliance with applicable Airworthiness Directives (AD) and life-limited parts requirements. During these inspections, some of the items which will be inspected include:
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1. Current Weight and Balance (W&B) information is available to the pilot of the aircraft.
2. The school has procedures in place to ascertain that all discrepancies are corrected and recorded in the aircraft records.
7.6 Maintenance Facilities. The part 141 pilot school must have access to facilities and equipment sufficient to maintain its aircraft. A part 141 school is not required to have its own maintenance facilities. However, a point of contact (POC) with a maintenance provider for all maintenance issues is recommended.
7.7 Contract Maintenance. If the part 141 pilot school uses contractors to perform aircraft maintenance, the school’s records, such as work orders, maintenance record entries, and repair invoices provided by the maintenance contractor, will be needed to validate what work and/or inspections have been performed. The maintenance facility is not required to be located on site. However, it is recommended that the part 141 pilot school have a maintenance POC available to answer any questions and arrange aircraft maintenance, as required. It is recommended that the part 141 pilot school or provisional pilot school contract maintenance agreements be in writing.
7.8 Examining Authority. A pilot school may request examining authority. Examining authority does not apply to provisional pilot schools. Section 141.65 states a pilot school holding examining authority may recommend a person who graduated from its course for the appropriate pilot, flight instructor, or ground instructor certificate or rating without taking the FAA knowledge test or practical test. If a pilot school does not hold flight test examining authority, an FAA aviation safety inspector (ASI) or a Designated Pilot Examiner (DPE) conducts final pilot certification. A pilot school must meet the following prerequisites to receive initial approval for examining authority:
1. The pilot school must complete the application for examining authority on FAA Form 8420-8, Application for Pilot School Certification, and in a manner prescribed by the Administrator.
2. In addition to meeting the requirements of part 141 subparts A through C, a pilot school must have met the provisions of § 141.63 within the preceding 24 calendar-months. The school must have held the rating in which examining authority is sought for at least 24 consecutive calendar-months preceding the month of application for examining authority, and must hold a pilot school certificate with the appropriate rating.
3. The training course for which examining authority is requested may not be a course that is approved without meeting the minimum ground and flight training time requirements of part 141.
4. Within 24 calendar-months before the date of application for examining authority, that pilot school must meet the following requirements:
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• A pilot school must have trained at least 10 students in the training course for which examination authority is sought, and recommended those students for a pilot, flight instructor, or ground instructor certificate or rating.
• At least 90 percent of those students must have passed the required practical or knowledge test, or any combination thereof, for the pilot, flight instructor, or ground instructor certificate or rating on the first attempt, and that test must have been given by an FAA ASI or an examiner who is not an employee of the school.
5. A pilot school must meet § 141.63(b) in order to retain its examining authority.
7.9 Renewal of a Part 141 Pilot School’s Certificate. A pilot school which under § 141.27 has established a pass rate of 80 percent or higher on the first attempt for all knowledge tests leading to a certificate or rating, practical tests leading to a certificate or rating, or end-of-course tests for an approved training course specified in part 141 appendix K, may have its certificate renewed. There is no requirement under § 141.27 for a pilot school renewing its certificate to have a certain number of individuals graduate from its course(s).
1. A provisional pilot school may not have its provisional pilot school certificate or the ratings renewed. In the event a provisional pilot school certificate is not renewed due to a lack of activity (10 different students graduating) or the establishment of an 80 percent pass rate and the certificate holder wishes to continue as a provisional pilot school, the former provisional pilot school may apply for another provisional pilot school certificate after 180 days have elapsed since its certificate expired.
2. A provisional pilot school may apply for a pilot school certificate any time prior to the end of 24 calendar-months of issuance, provided all of the requirements for a pilot school certificate have been met.
3. A pilot school not meeting the requirements for renewal as a pilot school may be issued a provisional pilot school certificate.
7.10 Changing the Location of the Principal Business Office or Base of Operations.
A part 141 pilot school changing the location of its business office or base of operations is required to notify the jurisdictional FSDO in writing of the planned move at least 30 days prior to the change. Such written notice must be accompanied by a new application, FAA Form 8420-8, showing the change of address or the change in the base of operations, as appropriate. The notice of a change of operating base must be accompanied by necessary amendments to the approved TCOs. The school is required to promptly remove all signs from its old premises indicating the school was certificated by the FAA at that location when it is no longer authorized for use.
7.11 Change in Chief and/or Assistant Chief Instructors. Section 141.87 states that when a certificate holder changes its chief instructor, the FAA must be immediately notified.
The pilot school or provisional pilot school may conduct training without a chief
7-4 instructor for a period not to exceed 60 days, and may, for a period not to exceed 60 days, have stage checks and end-of-course tests administered by the training course’s assistant chief instructor, if one has been designated; the training course’s check instructor, if one has been designated; an FAA inspector; or an examiner. Beyond 60 days without a chief instructor, the part 141 pilot school or provisional pilot school certificate must be surrendered.
7.12 Flight Instructor Refresher Courses (FIRC) (Part 141 Appendix K). Under part 141 appendix K, paragraph 11, a provisional school or pilot school may develop a special preparation FIRC. Applicants wishing to include or add a FIRC under part 141 appendix K should refer to Advisory Circular (AC) 61-83, Nationally Scheduled, FAA-Approved, Industry-Conducted Flight Instructor Refresher Course, to develop its FIRC TCO. AC 61-83 provides information and standards for the preparation and approval of a TCO for an FAA-approved, industry-conducted FIRC in accordance with 14 CFR part 61, § 61.197(a)(2)(iii). Graduates of a part 141 appendix K approved course who complete and pass the stage and end-of-course tests count towards the renewal requirements under § 141.5.
7.13 Institution of Higher Education With Letters of Authorization (LOA) to Certify Its Graduates for an Airline Transport Pilot (ATP) Certificate With Reduced Aeronautical Experience.
1. For an institution of higher education to receive a LOA to certify its graduates for a reduced aeronautical experience ATP Certificate in accordance with § 61.169, the institution of higher education must hold either of the following:
• A part 141 school certificate with TCO(s) approved for flight and ground.
This includes the designation of a chief instructor.
• A part 141 school certificate with TCO(s) approved for ground training only, and has a formal training agreement with a part 141 pilot school with a TCO approved for flight training.
2. If the LOA-holding college or university elects to conduct its own part 141 ground training and has a formal training agreement with another part 141 flight school to conduct flight training for its students, the participating school, college, or university must keep two points in mind:
• The part 141 pilot school conducting contract flight training for the LOA-holding college or university should have its own FAA-approved, flight-only curriculum that meets the needs of the college or university.
• The college or university student applying for a practical test will need to provide two graduation certificates to the DPE: one graduation certification from the part 141 pilot school providing the ground school curricula, and another graduation certificate from the part 141 pilot school providing the flight training curricula for the airman certificate or rating sought.
7-5 Note: For further information on obtaining an LOA in accordance with § 61.169, refer to AC 61-139, Institution of Higher Education’s Application for Authority to Certify its Graduates for an Airline Transport Pilot Certificate with Reduced Aeronautical Experience, or contact the FAA General Aviation and Commercial Division (AFS-800).
8-1 CHAPTER 8. FLIGHT TRAINING OF U.S. CITIZENS AND FOREIGN NATIONALS
8.1 Background. Shortly after September 11, 2001, the U.S. Congress enacted the Aviation and Transportation Security Act (ATSA), tasking the U.S. Attorney General with the vetting of persons seeking flight training in the United States in aircraft with a maximum takeoff weight (MTOW) of 12,500 pounds or more. Public Law (PL) 108-176, Section 612 of the Vision 100—Century Aviation Reauthorization Act (2003), transferred the vetting responsibility to the Secretary of Homeland Security. It also extended vetting to aircraft having an MTOW of 12,500 pounds or less. This vetting, under Title 49 of the Code of Federal Regulations (49 CFR) part 1552, § 1552.3, applies to pilot schools, flight training centers, air carrier flight training facilities, and flight instructors certificated under 14 CFR part 61, 121, 135, 141, or 142; or any other person or entity providing instruction in the operation of any aircraft or aircraft simulator.
The Alien Flight Student Program (AFSP) ensures that non-U.S. citizen candidates seeking training at flight schools regulated by the FAA do not pose a threat to aviation or national security. Title 49 of the United States Code (49 U.S.C.) § 44939 and 49 CFR part 1552 prohibit U.S. flight schools from providing flight training to an alien unless the alien has submitted certain information to the Transportation Security Administration (TSA), and the TSA has determined that the alien does not pose a threat to aviation or national security.
8.2 Title 49 CFR Part 1552. This regulation prohibits flight schools, including part 141 pilot schools, provisional pilot schools, and others who provide pilot training, including flight training in an aircraft or aircraft simulator, to non-U.S. citizens without TSA approval. This regulation requires non-U.S. citizens desiring pilot training to create and maintain a TSA account at https://www.flightschoolcandidates.gov. TSA will make the determination that a candidate is not a threat to aviation or national security and issue permission to train in the United States. Part 141 pilot schools and provisional pilot schools need to be familiar with the TSA requirements, and other requirements, outside of the FAA’s jurisdiction, for providing pilot instruction.
8.3 Categories of Training Under TSA. There are four categories of training requests that can be submitted to TSA:
1. Category 1: For pilots who do not have a heavy type rating (over 12,500 pounds) on their FAA or Foreign Airman Certificate.
2. Category 2: For pilots who do have a heavy type rating (over 12,500 pounds) on their FAA or Foreign Airman Certificate, but are training in an aircraft in which they are not currently qualified.
3. Category 3: For pilots training in any aircraft with an MTOW of 12,500 pounds or less.
Note: In many cases, Category 3 is waived and no TSA application is required.
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4. Category 4: For pilots who are training in aircraft with an MTOW over 12,500 pounds in which they are already qualified (e.g., recurrent training).
No fingerprints are required.
8.4 Flight Training for U.S. Citizens. U.S. citizens seeking pilot training must provide proof of citizenship by showing one or more of the following documents to the part 141 pilot school, provisional pilot school, or other training provider:
• A valid, unexpired U.S. passport (the FAA also requires another form of identification (ID) showing proof of address in addition to the passport).
• An original birth certificate of the United States, American Samoa, or Swains Island and a government-issued picture ID.
• An original certification of birth abroad with raised seal (Certification of Birth Abroad (FS-545) or Certification of Report of Birth (DS-1350)) and a government-issued picture ID.
• An original certificate of U.S. citizenship with raised seal (Certificate of U.S. Citizenship (N-560 or N-561)), or a Certificate of Repatriation (N-581), and a government-issued picture ID.
• An original Certificate of U.S. Naturalization with raised seal (N-550 or N-570) and a government-issued picture ID.
8.5 Recordkeeping Requirements. TSA requires, under 49 CFR § 1552.3, 14 CFR pilot schools, provisional pilot schools, and other training providers, including certificated flight instructors (CFI), to:
• Keep a copy of the documents used to provide proof of citizenship for 5 years; or
• Make an endorsement in both the student’s logbook and instructor’s logbook, or other record used by the instructor to record flight student endorsements, with the following statement:
I certify that (First name, MI, Last name) has presented me with a [insert type of document presented, such as a U.S. birth certificate or U.S. passport, and the relevant control or sequential number on the document, if any] establishing that [he or she] is a U.S. citizen or national in accordance with 49 CFR § 1552.3(h).
/s/ [date] J. J. Jones 987654321 CFI Exp. 12-31-19
8.6 The Student and Exchange Visitor Program (SEVP). SEVP is part of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, the largest investigative arm of the U.S. Department of Homeland Security (DHS). SEVP provides integrity to the U.S. immigration system by collecting, maintaining, and analyzing information so that only legitimate nonimmigrant students or exchange visitors gain entry into the United States. SEVP ensures that the institutions accepting nonimmigrant students are certified and follow the Federal rules and regulations that govern them. SEVP uses the Student and Exchange Visitor Information System (SEVIS), a Web-based application, to track and monitor schools, programs, and nonimmigrant
8-3 students, exchange visitors, and their dependents, throughout the duration of their approved participation in the U.S. educational system. The program ensures that government agencies involved in the international student process have SEVIS data related to nonimmigrant students and exchange visitors that is essential to maintain national security.
8.7 Schools Certified by SEVP. Only schools or programs certified by SEVP are eligible to enroll nonimmigrant students with F-1 or M-1 visas. Prospective F-1 students must apply to the school and receive DHS Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, in order to apply for an F-1 visa. F-1 students must show that they are able to support themselves during their stay in the United States, because their opportunities for legal employment are quite limited. F-1 students must maintain a full course of study. M-1 visas are a type of student visa reserved for vocational and technical schools. The SEVP certification process includes completing DHS Form I-17, Petition for Approval of School for Attendance by Nonimmigrant Student at https://studyinthestates.dhs.gov/getting-started-with-sevp-certification in SEVIS, and paying all required fees at https://www.pay.gov/public/home. SEVP also certifies schools to host F-1 and M-1 nonimmigrant students participating in flight training programs that are certified by FAA as either part 141 or part 142 flight training providers.
F-1 or M-1 nonimmigrant students may not participate in any other type of flight training, unless it is incidental to their status. For more information about the SEVP certification process, refer to https://www.ice.gov.