Pilot in Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules; Correction, 63183-63184 [2011-26229]
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Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail account.airworth-eas@
airbus.com; Internet https://www.airbus.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.
html.
Issued in Renton, Washington, on
September 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
SUPPLEMENTARY INFORMATION:
Background
[FR Doc. 2011–25617 Filed 10–11–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA–2008–0938; Amendment
Nos. 61–128, 91–324, 141–15, and 142–7]
RIN 2120–AJ18
Pilot in Command Proficiency Check
and Other Changes to the Pilot and
Pilot School Certification Rules;
Correction
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correcting
amendment.
AGENCY:
The FAA is correcting a final
rule published on August 31, 2011 (76
FR 54095). In that rule, the FAA
amended its regulations to revise the
pilot, flight instructor, and pilot school
certification requirements. In particular,
the FAA expanded the obligation for a
pilot-in-command (PIC) proficiency
check to pilots of all turbojet-powered
aircraft. This expansion included singlepilot turbojet-powered aircraft and, with
some exceptions, also included turbojetpowered experimental aircraft. The FAA
intended, and those that commented on
the proposed rule expected, a period
that would allow pilots of these aircraft
sufficient time to come into compliance
with the new PIC requirement. This
document corrects the final rule to
establish this period for initial
compliance.
WREIER-aviles on DSK7SPTVN1PROD with RULES
SUMMARY:
The effective date of this
technical correction is October 31, 2011.
DATES:
VerDate Mar<15>2010
14:51 Oct 11, 2011
Jkt 226001
For
technical questions concerning this final
rule contact Jeffrey Smith, Airman
Certification and Training Branch,
General Aviation and Commercial
Division, AFS–810, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 385–9615; e-mail
Jeffrey.Smith@faa.gov. For legal
questions concerning this final rule
contact Michael Chase, Esq., Office of
Chief Counsel, AGC–240, Regulations
Division, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–3110; e-mail
Michael.Chase@faa.gov.
FOR FURTHER INFORMATION CONTACT:
On August 31, 2011 (76 FR 54095),
the FAA published a final rule that
amended the pilot, flight instructor, and
pilot school certification requirements.
The FAA is now issuing a technical
amendment to correct the failure to
include a period of time to allow the
regulated entities to come into
compliance with the final rule.
Correction
As part of the final rule, the FAA
revised § 61.58 to extend the
requirements for PIC proficiency checks.
Prior to the final rule, this section only
required PIC proficiency checks for
pilots acting as PIC in aircraft that were
type certificated for more than one pilot
flight crewmember. In the Notice of
Proposed Rulemaking (NPRM)
published on August 31, 2009 (74 FR
44779), the FAA proposed to extend the
§ 61.58 PIC proficiency check
requirements to pilots acting as PIC of
any turbojet powered aircraft. The FAA
received a significant amount of
comments opposing the proposed rule
as written due to the impact it would
have on pilots operating experimental
jets. Based on the comments, the FAA
intentionally included the § 61.58 PIC
proficiency check requirements for
pilots operating experimental turbojetpowered aircraft. However, pilots
operating experimental aircraft that
possessed only one seat through original
design or through modification were
excepted from these requirements, and
pilots of other experimental turbo-jet
powered aircraft were given several
alternative means of compliance with
the § 61.58 proficiency check
requirements.
In contrast to the comments regarding
experimental jets, the FAA did not
receive any comments during the NPRM
phase expressing resistance to § 61.58
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
63183
PIC proficiency checks for pilots of
standard category, single-piloted
turbojet-powered aircraft. In fact, several
of the commenters expressed the
opinion that the proposal was
appropriate for standard category
aircraft that are type certificated to be
flown by a single pilot. The FAA
intentionally included the § 61.58 PIC
proficiency check requirements for
pilots that operate a standard category
turbojet aircraft to receive proficiency.
Prior to the final rule, pilots of these
aircraft were not required to comply
with the provisions of § 61.58; however,
the final rule did not include the
intended and necessary transition
period for these pilots to come into
compliance. The final rule becomes
effective on October 31, 2011, and,
without this correction, does not
provide adequate time for compliance
with the§ 61.58 PIC proficiency check
requirements. This correction to the
final rule will allow pilots operating
these aircraft 1 additional year, until
October 31, 2012, to complete an initial
§ 61.58 PIC proficiency check.
The FAA believes that some pilots
that operate turbojet-powered aircraft
undergo annual training and testing in
order to satisfy insurance requirements.
While the training and testing may be
sufficient in scope to complete a § 61.58
PIC proficiency check going forward,
prior to the final rule these pilots may
not have been able to complete a § 61.58
PIC proficiency check. The FAA
intended for there to be sufficient
transition period for these pilots to
complete a § 61.58 PIC proficiency
check within their normal annual
training cycle. The intended transition
period of 1 year will allow training
providers sufficient time to adjust their
training program as necessary in order
to include a § 61.58 PIC proficiency
check as a part of their offered courses.
The transition period will also allow
pilots not currently receiving annual
training the ability to make
arrangements to complete a § 61.58 PIC
proficiency check. This correction
provides this transition period by
establishing the initial compliance date
for a § 61.58 PIC proficiency check for
those pilots not previously subject to the
provisions of this section.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
E:\FR\FM\12OCR1.SGM
12OCR1
63184
Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations
PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44703, 44707, 44709–44711, 45102–45103,
45301–45302.
2. Amend § 61.58 by adding
paragraphs (j) and (k) to read as follows:
■
§ 61.58 Pilot-in-command proficiency
check: Operation of aircraft requiring more
than one pilot flight crewmember.
*
*
*
*
*
(j) A pilot-in-command of a turbojet
powered aircraft that is type certificated
for one pilot does not have to comply
with the pilot-in-command proficiency
check requirements in paragraphs (a)(1)
and (a)(2) of this section until October
31, 2012.
(k) Unless required by the aircraft’s
operating limitations, a pilot-incommand of an experimental turbojetpowered aircraft does not have to
comply with the pilot-in-command
proficiency check requirements in
paragraphs (a)(1) and (a)(2) of this
section until October 31, 2012.
Issued in Washington, DC, on October 4,
2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.
List. In addition, this rule amends the
Entity List on the basis of the annual
review of the Entity List conducted by
the End-User Review Committee (ERC)
for entities located in Hong Kong. The
ERC conducts the annual review to
determine if any entities on the Entity
List should be removed or modified.
This rule removes one person located in
Hong Kong on the basis of the annual
review.
Lastly, this rule removes three
persons from the Entity List consisting
of one person located in Hong Kong and
two persons located in New Zealand.
These three persons are being removed
from the Entity List as a result of
requests for removal submitted by each
of these three persons, a review of
information provided in the removal
requests in accordance with BIS
regulations, and further review
conducted by the ERC.
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to entities
identified on the Entity List require a
license from the Bureau of Industry and
Security and that availability of license
exceptions in such transactions is
limited.
DATES:
This rule is effective October 12,
2011.
FOR FURTHER INFORMATION CONTACT:
Bureau of Industry and Security
Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, E-mail: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
15 CFR Part 744
Background
[Docket No. 110620344–1586–01]
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to entities
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that the availability
of license exceptions in such
transactions is limited. Entities are
placed on the Entity List on the basis of
certain sections of part 744 (Control
Policy: End-User and End-Use Based) of
the EAR.
The ERC, composed of representatives
of the Departments of Commerce
(Chair), State, Defense, Energy and,
when appropriate, the Treasury, makes
all decisions regarding additions to,
removals from or other modifications to
the Entity List. The ERC makes all
decisions to add an entry to the Entity
List by majority vote and all decisions
to remove or modify an entry by
unanimous vote.
[FR Doc. 2011–26229 Filed 10–11–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
RIN 0694–AF28
Addition of Certain Persons on the
Entity List; Implementation of Entity
List Annual Review Change; and
Removal of Persons From the Entity
List Based on Removal Requests
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
adding two persons to the Entity List.
The persons who are added to the Entity
List have been determined by the U.S.
Government to be acting contrary to the
national security or foreign policy
interests of the United States. These
persons will be listed under the
destination of Hong Kong on the Entity
WREIER-aviles on DSK7SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:51 Oct 11, 2011
Jkt 226001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
ERC Entity List Decisions
This rule implements decisions of the
ERC to add two additional persons
located in Hong Kong to the Entity List
and to remove two persons located in
Hong Kong from the Entity List (one
removal on the basis of a determination
made under the annual review of the
Entity List and the other removal on the
basis of a removal request submitted by
the listed person). The additions are
described under Additions to the Entity
List and the removals are described
under Removals from the Entity List.
This rule also removes two listed
persons from the Entity List located in
New Zealand on the basis of a removal
request submitted by the listed persons.
Additions to the Entity List
This rule implements the decision of
the ERC to add two persons to the Entity
List on the basis of section 744.11
(License requirements that apply to
entities acting contrary to the national
security or foreign policy interests of the
United States) of the EAR. The two
entries added to the Entity List are Hang
Tat Electronics Enterprises Co., an
electronic components trading
company, and Cho-Man Wong, an
employee of Hang Tat, both located in
Hong Kong.
The ERC reviewed section 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
persons to the Entity List. Under that
paragraph, persons for which there is
reasonable cause to believe, based on
specific and articulable facts, that the
persons have been involved, are
involved, or pose a significant risk of
being or becoming involved in,
activities that are contrary to the
national security or foreign policy
interests of the United States and those
acting on behalf of such persons may be
added to the Entity List pursuant to
section 744.11. Paragraphs (b)(1)–(b)(5)
include an illustrative list of activities
that could be contrary to the national
security or foreign policy interests of the
United States. These two persons are
believed to have been involved in
activities described under paragraphs
(b)(4) and (b)(5) of section 744.11.
Specifically, Hang Tat Electronics
Enterprises Co., an electronic
components trading company located in
Hong Kong, and Cho-Man Wong, an
employee of Hang Tat, have been
complicit in violations of the EAR
involving the shipment of items from
the United States to China through Hong
Kong. BIS has determined that Hang Tat
and Cho-Man Wong (hereafter
collectively, ‘‘Hang Tat’’) purchased
certain items subject to the EAR from
E:\FR\FM\12OCR1.SGM
12OCR1
]]>Agencies
[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63183-63184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26229]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2008-0938; Amendment Nos. 61-128, 91-324, 141-15, and
142-7]
RIN 2120-AJ18
Pilot in Command Proficiency Check and Other Changes to the Pilot
and Pilot School Certification Rules; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting a final rule published on August 31,
2011 (76 FR 54095). In that rule, the FAA amended its regulations to
revise the pilot, flight instructor, and pilot school certification
requirements. In particular, the FAA expanded the obligation for a
pilot-in-command (PIC) proficiency check to pilots of all turbojet-
powered aircraft. This expansion included single-pilot turbojet-powered
aircraft and, with some exceptions, also included turbojet-powered
experimental aircraft. The FAA intended, and those that commented on
the proposed rule expected, a period that would allow pilots of these
aircraft sufficient time to come into compliance with the new PIC
requirement. This document corrects the final rule to establish this
period for initial compliance.
DATES: The effective date of this technical correction is October 31,
2011.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this final rule contact Jeffrey Smith, Airman Certification and
Training Branch, General Aviation and Commercial Division, AFS-810,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 385-9615; e-mail
Jeffrey.Smith@faa.gov. For legal questions concerning this final rule
contact Michael Chase, Esq., Office of Chief Counsel, AGC-240,
Regulations Division, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-3110; e-mail
Michael.Chase@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 31, 2011 (76 FR 54095), the FAA published a final rule
that amended the pilot, flight instructor, and pilot school
certification requirements. The FAA is now issuing a technical
amendment to correct the failure to include a period of time to allow
the regulated entities to come into compliance with the final rule.
Correction
As part of the final rule, the FAA revised Sec. 61.58 to extend
the requirements for PIC proficiency checks. Prior to the final rule,
this section only required PIC proficiency checks for pilots acting as
PIC in aircraft that were type certificated for more than one pilot
flight crewmember. In the Notice of Proposed Rulemaking (NPRM)
published on August 31, 2009 (74 FR 44779), the FAA proposed to extend
the Sec. 61.58 PIC proficiency check requirements to pilots acting as
PIC of any turbojet powered aircraft. The FAA received a significant
amount of comments opposing the proposed rule as written due to the
impact it would have on pilots operating experimental jets. Based on
the comments, the FAA intentionally included the Sec. 61.58 PIC
proficiency check requirements for pilots operating experimental
turbojet-powered aircraft. However, pilots operating experimental
aircraft that possessed only one seat through original design or
through modification were excepted from these requirements, and pilots
of other experimental turbo-jet powered aircraft were given several
alternative means of compliance with the Sec. 61.58 proficiency check
requirements.
In contrast to the comments regarding experimental jets, the FAA
did not receive any comments during the NPRM phase expressing
resistance to Sec. 61.58 PIC proficiency checks for pilots of standard
category, single-piloted turbojet-powered aircraft. In fact, several of
the commenters expressed the opinion that the proposal was appropriate
for standard category aircraft that are type certificated to be flown
by a single pilot. The FAA intentionally included the Sec. 61.58 PIC
proficiency check requirements for pilots that operate a standard
category turbojet aircraft to receive proficiency.
Prior to the final rule, pilots of these aircraft were not required
to comply with the provisions of Sec. 61.58; however, the final rule
did not include the intended and necessary transition period for these
pilots to come into compliance. The final rule becomes effective on
October 31, 2011, and, without this correction, does not provide
adequate time for compliance with theSec. 61.58 PIC proficiency check
requirements. This correction to the final rule will allow pilots
operating these aircraft 1 additional year, until October 31, 2012, to
complete an initial Sec. 61.58 PIC proficiency check.
The FAA believes that some pilots that operate turbojet-powered
aircraft undergo annual training and testing in order to satisfy
insurance requirements. While the training and testing may be
sufficient in scope to complete a Sec. 61.58 PIC proficiency check
going forward, prior to the final rule these pilots may not have been
able to complete a Sec. 61.58 PIC proficiency check. The FAA intended
for there to be sufficient transition period for these pilots to
complete a Sec. 61.58 PIC proficiency check within their normal annual
training cycle. The intended transition period of 1 year will allow
training providers sufficient time to adjust their training program as
necessary in order to include a Sec. 61.58 PIC proficiency check as a
part of their offered courses. The transition period will also allow
pilots not currently receiving annual training the ability to make
arrangements to complete a Sec. 61.58 PIC proficiency check. This
correction provides this transition period by establishing the initial
compliance date for a Sec. 61.58 PIC proficiency check for those
pilots not previously subject to the provisions of this section.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
[[Page 63184]]
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
2. Amend Sec. 61.58 by adding paragraphs (j) and (k) to read as
follows:
Sec. 61.58 Pilot-in-command proficiency check: Operation of aircraft
requiring more than one pilot flight crewmember.
* * * * *
(j) A pilot-in-command of a turbojet powered aircraft that is type
certificated for one pilot does not have to comply with the pilot-in-
command proficiency check requirements in paragraphs (a)(1) and (a)(2)
of this section until October 31, 2012.
(k) Unless required by the aircraft's operating limitations, a
pilot-in-command of an experimental turbojet-powered aircraft does not
have to comply with the pilot-in-command proficiency check requirements
in paragraphs (a)(1) and (a)(2) of this section until October 31, 2012.
Issued in Washington, DC, on October 4, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.
[FR Doc. 2011-26229 Filed 10-11-11; 8:45 am]
BILLING CODE 4910-13-P
