Pilot, Flight Instructor, and Pilot School Certification, 56857-56858 [2010-23283]
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56857
Rules and Regulations
Federal Register
Vol. 75, No. 180
Friday, September 17, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 141
[Docket No. FAA–2006–26661; Amendment
No., 141–14]
RIN 2120–AI86
Pilot, Flight Instructor, and Pilot
School Certification
Federal Aviation
Administration, DOT.
ACTION: Final rule; technical
amendment.
AGENCY:
The Federal Aviation
Administration (FAA) is making minor
technical changes to a final rule
published in the Federal Register on
August 21, 2009. That final rule revised
the training, qualification, certification,
and operating requirements for pilots,
flight instructors, ground instructors,
and pilot schools. Through this
technical amendment, we are clarifying
the intent of § 141.5(d) and reinserting
language that was inadvertently
removed pertaining to special courses of
training under appendix K of part 141.
DATES: This technical amendment is
effective September 17, 2010.
FOR FURTHER INFORMATION CONTACT:
Craig Holmes, Airmen Certification and
Training Branch, AFS–810, General
Aviation and Commercial Division,
Flight Standards Service, Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone (202)
493–5385; e-mail to
craig.holmes@faa.gov.
For legal interpretative questions
about this final rule, contact: Anne
Moore, AGC–240, Office of Chief
Counsel, Regulations Division, Federal
Aviation Administration, (202) 267–
3123; e-mail to anne.moore@faa.gov.
SUPPLEMENTARY INFORMATION:
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
VerDate Mar<15>2010
14:39 Sep 16, 2010
Jkt 220001
Background
On August 21, 2009, the FAA
published the ‘‘Pilot, Flight Instructor,
and Pilot School Certification; Final
Rule’’ (74 FR 12500), which revised the
training, qualification, certification, and
operating requirements for pilots, flight
instructors, ground instructors, and
pilot schools. The FAA is now issuing
a technical amendment to § 141.5(d) to
clarify the original intent of the final
rule and reinsert language that was
inadvertently removed pertaining to
special courses of training under
appendix K of part 141.
Discussion of Technical Amendment
Section 141.5(d) establishes the
quality of training standard that a
provisional pilot school must meet in
order to obtain a non-provisional pilot
school certificate. In addition, § 141.83
requires each pilot school and
provisional pilot school to meet the
quality of training requirements set forth
in § 141.5(d) in order to have a
certificate renewed under § 141.27(a)(2).
Prior to the August 2009 rule change,
§ 141.5(d) permitted issuance of a pilot
school certificate if the applicant (1)
trained and recommended at least 10
students for a knowledge or practical
test for a pilot certificate, flight
instructor certificate, ground instructor
certificate, an additional rating, and
end-of-course test for a training course
specified in appendix K to this part, and
(2) achieved an 80% pass rate on the
first attempt for all tests administered
during the preceding 24-month period.
Due to confusion over whether the 10
students in paragraph (d) had to be 10
different people or could be one person
who completed 10 training courses, the
FAA sought to clarify § 141.5 in the
August 2009 final rule by adding
paragraph (e), which requires a pilot
school to have ‘‘graduated at least 10
different people from the school’s
approved training courses’’ in the 24month period preceding the date of the
application for a pilot school certificate.
Paragraph (e) was intended to clarify the
‘‘quantity’’ of training that must take
place in order for a pilot school to
warrant certification under part 141.
The FAA explained in the preamble that
a pilot school could not use a single
person who completes ten different
training courses to satisfy the quantity
of training standard set forth in
paragraph (e).
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Having clarified the ‘‘quantity of
training’’ through a separate requirement
in paragraph (e), the FAA had intended
for paragraph (d) to address the ‘‘quality
of training’’ required for issuance or
renewal of a pilot school certificate. As
amended in the August 2009 final rule,
paragraph (d) requires a pilot school
applicant to have ‘‘trained and
recommended at least 10 different
people for a knowledge test or a
practical test, or any combination
thereof, and at least 80 percent of those
persons passed their tests on the first
attempt.’’ The FAA stated in the
preamble that the requirement that ‘‘at
least 80 percent of those persons passed
their test on the first attempt is not a
change from the existing rule.’’ 74 FR
42500, 42538.
The use of the phrase ‘‘at least 10
different people’’ in paragraph (d),
however, unfortunately was not
removed and caused confusion
regarding whether the 80 percent pass
rate is based only on the test results of
those 10 different people or, as stated in
the preamble, on ‘‘all tests
administered.’’ In addition to this
confusion, the FAA removed, without
explanation, the language pertaining to
the ‘‘end-of-course test for a training
course specified in appendix K[.]’’ This
omission was unintended. Certain
certificated part 141 pilot schools offer
only specialized courses that do not
result in a certificate or rating. As such,
these courses do not lead to completion
of the ‘‘knowledge or practical test’’
currently referenced in § 141.5(d).
In this technical amendment, the FAA
is revising the language of § 141.5(d) to
clarify that in order to meet the quality
of training standard for issuance or
renewal of a pilot school certificate, a
pilot school must achieve a combined
80 percent pass rate for all (1)
knowledge tests and practical tests
leading to a certificate or rating, and (2)
end-of-course tests for appendix K
courses must be passed on the first
attempt.
As such, if a provisional pilot school
does not train and recommend 10
different people for knowledge tests,
practical tests, and end-of-course tests
for approved appendix K courses, then
the school’s pass rate is irrelevant
because the school failed to meet the
minimum threshold for establishing its
pass rate. In addition, the technical
amendment clarifies that, although the
E:\FR\FM\17SER1.SGM
17SER1
56858
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations
smallest possible testing pool is 10
different people, the total testing pool
for a particular school consists of all
knowledge tests, practical tests, and
end-of-course tests for approved
appendix K that were administered in
the prior 24-month period. For those
schools that seek renewal of nonprovisional pilot school certificates,
they must continue to meet, by
reference in § 141.83, the quality of
training standard set forth in § 141.5(d).
This rule clarifies existing
requirements and reinserts language that
was inadvertently removed. Because the
changes in this technical amendment
result in no substantive change, we find
good cause exists under 5 U.S.C.
553(d)(3) to make the amendment
effective in less than 30 days.
List of Subjects in 14 CFR Part 141
Administrative practice and
procedure, Air carriers, Aircraft,
Aviation safety, Charter flights,
Reporting and recordkeeping
requirements.
The Amendment
Accordingly, title 14 of the Code of
Federal Regulations (CFR) part 141 is
amended as follows:
■
PART 141—PILOT SCHOOLS
1. The authority citation for part 141
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44703, 44707, 44709, 44711, 45102–45103,
45301–43502.
2. Amend § 141.5 by revising
paragraphs (d) and (e) to read as follows:
■
§ 141.5 Requirements for a pilot school
certificate.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
*
*
*
*
*
(d) 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 endof-course tests for an approved training
course specified in appendix K of this
part.
(e) Has graduated at least 10 different
people from the school’s approved
training courses.
Issued in Washington, DC on September
14, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010–23283 Filed 9–16–10; 8:45 am]
BILLING CODE 4910–13–P
VerDate Mar<15>2010
14:39 Sep 16, 2010
ACTION:
20 CFR Part 416
SUMMARY:
[Docket No. SSA–2009–0017]
RIN 0960–AH00
Improvements to the Supplemental
Security Income Program—Heroes
Earnings Assistance and Relief Tax
Act of 2008 (HEART Act)
Social Security Administration.
Final Rule; correcting
amendment.
AGENCY:
ACTION:
In the Federal Register of
September 7, 2010, we published a final
rule document revising our regulations
to incorporate improvements to the
Supplemental Security Income (SSI)
program made by the HEART Act. We
inadvertently stated the RIN incorrectly
as 0960–AD78. This document corrects
the RIN to 0960–AH00.
DATES: Effective on September 17, 2010.
FOR FURTHER INFORMATION CONTACT:
Brian J. Rudick, Office of Regulations,
Social Security Administration, 6401
Security Boulevard, Baltimore, MD
21235–6401, (410) 965–7102. For
information on eligibility or filing for
benefits, call our national toll-free
number, 1–800–772–1213, or TTY 1–
800–325–0778, or visit our Internet site,
Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: We
published a final rule document in the
Federal Register of September 7, 2010,
(75 FR 54285) revising our regulations
to incorporate improvements to the SSI
program made by the HEART Act. In
this final rule, we incorrectly stated the
RIN as 0960–AD78. This correction
changes the RIN to 0960–AH00.
SUMMARY:
The Food and Drug
Administration (FDA) is correcting a
final rule that appeared in the Federal
Register of April 14, 2010 (75 FR
19213). The document amended FDA’s
regulation on the use of ozone-depleting
substances (ODSs) in self-pressurized
containers to remove the essential-use
designations for flunisolide,
triamcinolone, metaproterenol,
pirbuterol, albuterol and ipratropium in
combination, cromolyn, and nedocromil
used in oral pressurized metered-dose
inhalers (MDIs). The document was
published with an inadvertent error.
This document corrects that error.
FOR FURTHER INFORMATION CONTACT:
Diane Sullivan, Office of Policy, Food
and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, rm. 3210,
Silver Spring, MD 20993, 301–796–
9171.
In FR Doc.
2010–8467, appearing on page 19213, in
the Federal Register of Wednesday,
April 14, 2010, the following correction
is made:
1. On page 19213, in the third
column, the heading ‘‘RIN 0910–AF92’’
is corrected to read ‘‘RIN 0910–AF93’’.
SUPPLEMENTARY INFORMATION:
Dated: September 13, 2010.
David Dorsey,
Acting Deputy Commissioner for Policy,
Planning and Budget.
[FR Doc. 2010–23195 Filed 9–16–10; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
Martin Sussman,
Senior Advisor for Regulations.
[TD 9502]
[FR Doc. 2010–23183 Filed 9–16–10; 8:45 am]
RIN 1545–BF90
BILLING CODE 4191–02–P
Exclusions From Gross Income of
Foreign Corporations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
AGENCY:
Food and Drug Administration
21 CFR Part 2
[Docket No. FDA–2006–N–0304] (formerly
Docket No. 2006N–0262)
RIN 0910–AF93
Use of Ozone-Depleting Substances;
Removal of Essential-Use Designation
(Flunisolide, etc.); Correction
AGENCY:
PO 00000
Food and Drug Administration,
Frm 00002
Fmt 4700
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations and removal of
temporary regulations.
This document contains final
regulations under section 883(a) and (c)
of the Internal Revenue Code (Code),
concerning the exclusion from gross
income of income derived by certain
foreign corporations from the
international operation of ships or
aircraft. The final regulations adopt the
proposed regulations issued on June 25,
2007, (REG–138707–06) with certain
modifications in response to comments
SUMMARY:
HHS.
Jkt 220001
Final rule; correction.
SOCIAL SECURITY ADMINISTRATION
Sfmt 4700
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]]>Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Rules and Regulations]
[Pages 56857-56858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23283]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 /
Rules and Regulations
[[Page 56857]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 141
[Docket No. FAA-2006-26661; Amendment No., 141-14]
RIN 2120-AI86
Pilot, Flight Instructor, and Pilot School Certification
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) is making minor
technical changes to a final rule published in the Federal Register on
August 21, 2009. That final rule revised the training, qualification,
certification, and operating requirements for pilots, flight
instructors, ground instructors, and pilot schools. Through this
technical amendment, we are clarifying the intent of Sec. 141.5(d) and
reinserting language that was inadvertently removed pertaining to
special courses of training under appendix K of part 141.
DATES: This technical amendment is effective September 17, 2010.
FOR FURTHER INFORMATION CONTACT: Craig Holmes, Airmen Certification and
Training Branch, AFS-810, General Aviation and Commercial Division,
Flight Standards Service, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone (202) 493-
5385; e-mail to craig.holmes@faa.gov.
For legal interpretative questions about this final rule, contact:
Anne Moore, AGC-240, Office of Chief Counsel, Regulations Division,
Federal Aviation Administration, (202) 267-3123; e-mail to
anne.moore@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 21, 2009, the FAA published the ``Pilot, Flight
Instructor, and Pilot School Certification; Final Rule'' (74 FR 12500),
which revised the training, qualification, certification, and operating
requirements for pilots, flight instructors, ground instructors, and
pilot schools. The FAA is now issuing a technical amendment to Sec.
141.5(d) to clarify the original intent of the final rule and reinsert
language that was inadvertently removed pertaining to special courses
of training under appendix K of part 141.
Discussion of Technical Amendment
Section 141.5(d) establishes the quality of training standard that
a provisional pilot school must meet in order to obtain a non-
provisional pilot school certificate. In addition, Sec. 141.83
requires each pilot school and provisional pilot school to meet the
quality of training requirements set forth in Sec. 141.5(d) in order
to have a certificate renewed under Sec. 141.27(a)(2).
Prior to the August 2009 rule change, Sec. 141.5(d) permitted
issuance of a pilot school certificate if the applicant (1) trained and
recommended at least 10 students for a knowledge or practical test for
a pilot certificate, flight instructor certificate, ground instructor
certificate, an additional rating, and end-of-course test for a
training course specified in appendix K to this part, and (2) achieved
an 80% pass rate on the first attempt for all tests administered during
the preceding 24-month period.
Due to confusion over whether the 10 students in paragraph (d) had
to be 10 different people or could be one person who completed 10
training courses, the FAA sought to clarify Sec. 141.5 in the August
2009 final rule by adding paragraph (e), which requires a pilot school
to have ``graduated at least 10 different people from the school's
approved training courses'' in the 24-month period preceding the date
of the application for a pilot school certificate. Paragraph (e) was
intended to clarify the ``quantity'' of training that must take place
in order for a pilot school to warrant certification under part 141.
The FAA explained in the preamble that a pilot school could not use a
single person who completes ten different training courses to satisfy
the quantity of training standard set forth in paragraph (e).
Having clarified the ``quantity of training'' through a separate
requirement in paragraph (e), the FAA had intended for paragraph (d) to
address the ``quality of training'' required for issuance or renewal of
a pilot school certificate. As amended in the August 2009 final rule,
paragraph (d) requires a pilot school applicant to have ``trained and
recommended at least 10 different people for a knowledge test or a
practical test, or any combination thereof, and at least 80 percent of
those persons passed their tests on the first attempt.'' The FAA stated
in the preamble that the requirement that ``at least 80 percent of
those persons passed their test on the first attempt is not a change
from the existing rule.'' 74 FR 42500, 42538.
The use of the phrase ``at least 10 different people'' in paragraph
(d), however, unfortunately was not removed and caused confusion
regarding whether the 80 percent pass rate is based only on the test
results of those 10 different people or, as stated in the preamble, on
``all tests administered.'' In addition to this confusion, the FAA
removed, without explanation, the language pertaining to the ``end-of-
course test for a training course specified in appendix K[.]'' This
omission was unintended. Certain certificated part 141 pilot schools
offer only specialized courses that do not result in a certificate or
rating. As such, these courses do not lead to completion of the
``knowledge or practical test'' currently referenced in Sec. 141.5(d).
In this technical amendment, the FAA is revising the language of
Sec. 141.5(d) to clarify that in order to meet the quality of training
standard for issuance or renewal of a pilot school certificate, a pilot
school must achieve a combined 80 percent pass rate for all (1)
knowledge tests and practical tests leading to a certificate or rating,
and (2) end-of-course tests for appendix K courses must be passed on
the first attempt.
As such, if a provisional pilot school does not train and recommend
10 different people for knowledge tests, practical tests, and end-of-
course tests for approved appendix K courses, then the school's pass
rate is irrelevant because the school failed to meet the minimum
threshold for establishing its pass rate. In addition, the technical
amendment clarifies that, although the
[[Page 56858]]
smallest possible testing pool is 10 different people, the total
testing pool for a particular school consists of all knowledge tests,
practical tests, and end-of-course tests for approved appendix K that
were administered in the prior 24-month period. For those schools that
seek renewal of non-provisional pilot school certificates, they must
continue to meet, by reference in Sec. 141.83, the quality of training
standard set forth in Sec. 141.5(d).
This rule clarifies existing requirements and reinserts language
that was inadvertently removed. Because the changes in this technical
amendment result in no substantive change, we find good cause exists
under 5 U.S.C. 553(d)(3) to make the amendment effective in less than
30 days.
List of Subjects in 14 CFR Part 141
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.
The Amendment
0
Accordingly, title 14 of the Code of Federal Regulations (CFR) part 141
is amended as follows:
PART 141--PILOT SCHOOLS
0
1. The authority citation for part 141 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709,
44711, 45102-45103, 45301-43502.
0
2. Amend Sec. 141.5 by revising paragraphs (d) and (e) to read as
follows:
Sec. 141.5 Requirements for a pilot school certificate.
* * * * *
(d) 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 appendix K of
this part.
(e) Has graduated at least 10 different people from the school's
approved training courses.
Issued in Washington, DC on September 14, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010-23283 Filed 9-16-10; 8:45 am]
BILLING CODE 4910-13-P
