Pilot, Flight Instructor, and Pilot School Certification:

Federal Register: April 7, 2011 (Volume 76, Number 67)

Rules and Regulations

Page 19267-19268

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr07ap11-1

Rules and Regulations

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Page 19267

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 14 CFR Part 61

Docket No. FAA-2006-26661; Amdt. No. 61-127

RIN 2120-AI86

Pilot, Flight Instructor, and Pilot School Certification;

Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

SUMMARY: The FAA is correcting a final rule published on August 21, 2009 (74 FR 42500). In that rule, the FAA amended its regulations to revise the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. This document reinstates two paragraphs that were inadvertently removed in one section, and amends an out-of-date cross reference in another section.

DATES: Effective April 7, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Jeffrey Smith, 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) 493-4789; e-mail to jeffrey.smith@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) 267-3073; e-mail to anne.moore@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

On August 21, 2009, the FAA published a final rule entitled,

``Pilot, Flight Instructor, and Pilot School Certification; Final

Rule'' (74 FR 42500). That final rule 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. 61.57 to reinsert paragraphs

(d)(1) and (d)(2) because those paragraphs were inadvertently removed from the final rule. The FAA is also amending an incorrect reference in

Sec. 61.65(c).

Technical Amendment

Section 61.57(d) establishes the requirements for an instrument proficiency check. Prior to issuance of the 2009 final rule, Sec. 61.57(d) contained introductory text as well as paragraph (d)(1), which set forth the aircraft in which an instrument proficiency check must be performed, and paragraph (d)(2), which set forth those persons who are authorized to conduct an instrument proficiency check. In the 2009 final rule, the FAA stated in the amendatory instructions to Sec. 61.57(d) that it was amending paragraph (d) rather than the introductory text to paragraph (d). As a result, paragraphs (d)(1) and

(d)(2) were unintentionally removed from the final rule. The FAA is issuing this technical amendment to restore paragraphs (d)(1) and

(d)(2) to Sec. 61.57.

The FAA is also correcting a minor error to a reference in paragraph (c) of Sec. 61.65. In the 2009 final rule, the FAA added paragraphs (e) and (f) to this section. A corresponding change to a cross reference in paragraph (c) that would have accounted for these additions was unintentionally omitted. This technical edit will correct that omission.

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 61

Aircraft, Airmen, Aviation safety.

The Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends chapter I of title 14, Code of Federal

Regulations as follows:

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. 61.57 by adding paragraphs (d)(1) and (d)(2) to read as follows:

Sec. 61.57 Recent flight experience: Pilot in command.

* * * * *

(d) * * *

(1) The instrument proficiency check must be--

(i) In an aircraft that is appropriate to the aircraft category;

(ii) For other than a glider, in a flight simulator or flight training device that is representative of the aircraft category; or

(iii) For a glider, in a single-engine airplane or a glider.

(2) The instrument proficiency check must be given by--

(i) An examiner;

(ii) A person authorized by the U.S. Armed Forces to conduct instrument flight tests, provided the person being tested is a member of the U.S. Armed Forces;

(iii) A company check pilot who is authorized to conduct instrument flight tests under part 121, 125, or 135 of this chapter or subpart K of part 91 of this chapter, and provided that both the check pilot and the pilot being tested are employees of that operator or fractional ownership program manager, as applicable;

(iv) An authorized instructor; or

(v) A person approved by the Administrator to conduct instrument practical tests.

* * * * * 0 3. Amend Sec. 61.65 by revising paragraph (c) introductory text to read as follows:

Sec. 61.65 Instrument rating requirements.

* * * * *

(c) Flight proficiency. A person who applies for an instrument rating must receive and log training from an authorized instructor in an aircraft, or in a flight simulator or flight training

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device, in accordance with paragraph (g) of this section, that includes the following areas of operation:

* * * * *

Issued in Washington, DC, on April 1, 2011.

Pamela Hamilton-Powell,

Director, Office of Rulemaking.

FR Doc. 2011-8226 Filed 4-6-11; 8:45 am

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