Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations 13719 

(i) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Britten-Norman Service Bulletin SB 310, 

Issue 4, dated September 25, 2015. 

(ii) Reserved. 

(3) For Britten-Norman Aircraft Limited 

service information identified in this AD, 

contact Britten-Norman Aircraft Limited, 

Commodore House, Mountbatten Business 

Centre, Millbrook Road East, Southampton 

SO15 1HY, United Kingdom; telephone: +44 

20 3371 4000; fax: +44 20 3371 4001; email: 

info@bnaircraft.com; Internet: http://

www.britten-norman.com/customer-support/. 

(4) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. In addition, you 

can access this service information on the 

Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2015–7777. 

(5) You may view this 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: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Kansas City, Missouri, on March 

7, 2016. 

Pat Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2016–05509 Filed 3–14–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2015–2022] 

Petition of the Aircraft Owner and 

Pilots Association (AOPA) To Amend 

FAA Policy Concerning Flying Club 

Operations at Federally Obligated 

Airports 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final policy. 

SUMMARY: The policy statement clarifies 

the FAA’s policy interpretation 

regarding the operation of flying clubs at 

federally-obligated airports. 

Specifically, this policy statement 

amends FAA Order 5190.6B, Airport 

Compliance Requirements, Section 10.6 

Flying Clubs to allow the clubs to 

compensate instructors and mechanics 

who are club members for services 

rendered to the Club. This policy 

statement also amends the FAA’s 

definition of flying clubs. 

DATES: This action becomes effective 

April 4, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Miguel Vasconcelos, Airport 

Compliance Division, ACO–100, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, telephone (202) 

267–3085; facsimile: (202) 267–4620. 

SUPPLEMENTARY INFORMATION: 

Introduction and Background 

On April 3, 2015, the Aircraft Owners 

and Pilots Association (AOPA) Senior 

Vice President for Government Affairs & 

Advocacy wrote to the FAA’s Director of 

the Office of Airport Compliance and 

Management Analysis proposing 

revisions to FAA’s current policy 

regarding compensation for flight 

instructors and persons maintaining 

aircraft within the context of flying club 

operations. AOPA stated in its letter that 

it sought ‘‘to help current flying clubs 

and airport sponsors comply with the 

FAA guidance outlined in 5190.6B, and 

to provide future flying clubs the 

opportunity to strengthen and unify 

general aviation pilots.’’ AOPA said that 

its goal is ‘‘to provide guidance that is 

attainable and ensures educated 

compliance from all airport users,’’ and 

asked for ‘‘updated guidance regarding 

compensation for flight instructors and 

maintainers’’ because ‘‘flight instructors 

and aviation mechanics are valuable 

assets to the aviation industry, and 

should be granted the privilege of fair 

compensation for their efforts on a local 

level.’’ 

AOPA proposes clubs be permitted to 

compensate member flight instructors 

and member mechanics for services 

rendered to the club or club members. 

Such compensation, AOPA suggests, 

should be monetary or in the form of 

credit against payment of dues or flight 

time. 

The FAA requested comments on 

whether AOPA’s recommendations are 

consistent with the FAA’s general 

policies regarding commercial 

aeronautical services and on-airport 

flying clubs, and if so, whether the 

stated agency policy on flying clubs 

should be revised to amend its 

definition of flying clubs. In particular, 

the FAA sought comments from 

commercial service providers that 

engage in flight training and aircraft 

rental, from associations representing 

such service providers, and other 

interested parties. Public comments 

were received and considered, and 

changes to the existing policy were 

adopted. 

I. Current Policy 

FAA Order 5190.6B, FAA Airport 

Compliance Manual (Order), paragraph 

10(6)(a), published on September 30, 

2009, defines a flying club as: ‘‘a 

nonprofit or not-for-profit entity (e.g., 

corporation, association, or partnership) 

organized for the express purpose of 

providing its members with aircraft for 

their personal use and enjoyment only.’’ 

The Order states that, 

the ownership of the club aircraft must be 

vested in the name of the flying club or 

owned by all its members. The property 

rights of the members of the club shall be 

equal; no part of the net earnings of the club 

will inure to the benefit of any individual in 

any form, including salaries, bonuses, etc. 

The flying club may not derive greater 

revenue from the use of its aircraft than the 

amount needed for the operation, 

maintenance, and replacement of its aircraft. 

FAA Order 5190.6B at para. 10(6)(b). 

The Order also notes that ‘‘flying 

clubs may not offer or conduct . . . 

aircraft rental operations. They may 

conduct aircraft flight instruction for 

regular members only, and only 

members of the flying club may operate 

the aircraft.’’ FAA Order 5190.6B at 

para. 10.6(c)(1). The Order also states 

that ‘‘no flying club shall permit its 

aircraft to be used for flight instruction 

for any person, including members of 

the club owning the aircraft, when such 

person pays or becomes obligated to pay 

for such instruction. FAA Order 

5190.6B at para. 10.6(c)(3). An 

exception applies when the instruction 

is given by a lessee based on the airport 

who provides flight training and the 

person receiving the training is a 

member of the flying club. Id. Flight 

instructors who are also club members 

may not receive payment for instruction 

except that they may be compensated by 

credit against payment of dues or flight 

time’’ and that ‘‘any qualified mechanic 

who is a registered member and part 

owner of the aircraft owned and 

operated by a flying club may perform 

maintenance work on aircraft owned by 

the club. The flying club may not 

become obligated to pay for such 

maintenance work except that such 

mechanics may be compensated by 

credit against payment of dues or flight 

time.’’ Flying clubs are defined in such 

a way as to differentiate from for-profit 

aeronautical businesses offering 

aeronautical services to general public, 

e.g., FBOs, flight schools and aircraft 

rental providers. 


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13720 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations 

The owner of any federally-obligated 

airport (airport sponsor) is required by 

the sponsor grant assurances to operate 

that airport for the use and benefit of the 

public and to make that airport available 

to all types, kinds, and classes of 

aeronautical activity on fair and 

reasonable terms, without unjust 

discrimination. 

II. AOPA Proposal 

AOPA states that its 

recommendations are designed to 

promote flying clubs by allowing flight 

instructors and mechanics who are club 

members to receive monetary 

compensation for services conducted for 

other club members or club aircraft: 

AOPA Policy Proposal Item 1 

‘‘No flying club shall permit its aircraft to 

be used for flight instruction for any person, 

including members of the club owning the 

aircraft, when such person pays or becomes 

obligated to pay for such instruction except 

in the following circumstances; (a) The flight 

instruction is provided to a club member by 

a commercial operator authorized by the 

airport sponsor to provide flight instruction 

on field. (b) The flight instruction is provided 

to a club member by a flight instructor who 

is also a club member that is in good 

standings according to the club bylaws. In 

either case, the flight instructor may receive 

monetary compensation; however the flying 

club is prohibited from holding itself out to 

the public as a fixed based operator, a 

specialized aviation service operation, or a 

flight school. In the case of (b) above, the 

Airport Sponsor has the right to limit flight 

instruction for monetary compensation but 

must permit the club to compensate club 

instructors with credit against payment of 

dues or flight time.’’ 

AOPA Policy Proposal Item 2 

‘‘Any qualified mechanic who is a member 

of the flying club may perform maintenance 

work on aircraft owned or exclusively used 

by the flying club. The flying club may not 

become obligated to pay for such 

maintenance work except that such 

mechanics may be compensated not to 

exceed a reasonable rate for the work 

performed at the discretion of club members. 

The club however may not hold out to the 

public as operating as a fixed base operator, 

a specialized aviation service operation, or 

maintenance facility. The Airport Sponsor 

has the right to limit maintenance work for 

monetary compensation but must permit the 

club to compensate club mechanics with 

credit against payment of dues or flight 

time.’’ 

III. Comments Received 

The FAA received comments from 44 

airport users including flight 

instructors, pilots and flying club 

members. Thirty-seven of the airport 

users were flying club members who 

submitted a letter identifying 

themselves as ‘‘Flying Club Participants 

at Air Venture 2015’’. The remaining 

seven airport users submitted individual 

comments. Two industry groups 

submitted comments: Flight School 

Association of North America (FSANA) 

and National Air Transportation 

Association of North America (NATA). 

FSANA is a membership-based 

association representing flight schools 

and firms involved in flight training. 

NATA is an organization representing 

the interest of aviation businesses such 

as aircraft fueling, maintenance, parts 

sales, storage, rental, airline servicing, 

flight training, Part 135 on-demand air 

charter, and fractional aircraft program 

management. 

Forty-three airport users offered 

support of both AOPA Policy Proposals: 

An individual commenter believes that 

the policy change would provide an 

incentive for pilots who belong to flying 

clubs to remain current and continue 

their education in a convenient, costeffective, and familiar environment. 

Another commenter indicated that small 

airports rely on flying clubs because 

there is not enough business activity to 

support a flight school. This commenter 

is an inactive pilot because there is no 

aircraft rental or flight training available 

at the airport. However, the club at a 

local airport has several certificated 

flight instructors (CFI). Many CFIs have 

full time jobs and are not interested in 

donating their evenings and weekends 

without compensation. The president of 

a nonprofit flying club at Skyhaven 

Airport in Rochester, New Hampshire, 

indicates that the airport does not have 

a flight school. None of the club 

members can receive proficiency 

checkouts or additional training in club 

aircraft without violating the airport’s 

policy. There are several CFIs in the 

community that would join the club if 

they could be compensated. 

Supporters of the AOPA proposal 

believe the proposed policy change 

would (1) provide enhanced 

opportunities for students to fulfill their 

educational needs in surroundings they 

find appealing and accessible; (2) 

provide incentive for pilots who are 

members of flying clubs to remain 

current; and (3) create additional 

opportunities and incentives for 

certificated flight instructors to actively 

participate in flying clubs. 

A commenter is opposed to a change 

in policy. He believes it will weaken 

‘‘for profit’’ flight schools which have 

suffered financially for the past eight 

years. 

FSANA believes that flying clubs can 

be a positive asset to the community. 

FSANA recognizes that flying clubs that 

are not for profit have a business 

advantage over for profit flight schools. 

They also believe a flying club should 

not be classified as a commercial 

operator. FSANA supports 

compensation for certificated flight 

instructors and mechanics as long as 

flying clubs serve the needs of their 

members and not promote their services 

to the general public and do not 

compete with commercial operators. 

FSANA encouraged the FAA to create 

awareness and enforce transparency for 

the flying club community and airport 

sponsors to ensure that flying clubs do 

not compete with commercial operators 

and promote themselves to the general 

public. 

NATA recognizes AOPA’s initiative is 

intended to increase public interest in 

flying by strengthening flying clubs. Of 

concern to NATA are those entities that 

classify themselves as flying clubs but 

are commercial aviation businesses thus 

avoiding compliance with an airport 

sponsor’s minimum standards. NATA 

asserts that flying clubs that offer their 

services to the general public should not 

be able to enjoy the protection of a nonprofit flying club to avoid complying 

with an airport’s minimum standards. 

NATA does not object to either of 

AOPA’s proposals but recommends that 

CFIs and mechanics receive either (1) 

monetary compensation or (2) 

discounted/waived regular club member 

dues or flying time, but not both. NATA 

believes that without such a restriction, 

outside instructors or mechanics could 

receive waived dues and monetary 

compensation for performing work 

without ever having invested in the club 

as would a bona-fide member. NATA 

suggests that the policy change with 

these limitations will be beneficial and 

will create a more level playing field. 

FSANA and NATA suggest that any 

clarification of the policy should 

emphasize that (1) flying clubs should at 

no time hold themselves out as fixed 

based operators, flight schools, or as 

businesses at which people can learn to 

fly; and (2) CFIs and mechanics should 

be permitted to receive monetary 

compensation as long as flying clubs of 

which they are members meet adequate 

criteria, which may include the airport 

sponsor’s authorization and/or sponsorimposed conditions. FSANA and NATA 

also recommended that flying clubs 

must not indicate in any form of 

marketing and/or communications that 

they are a flight school, and flying clubs 

must not indicate in any form of 

marketing and/or communications that 

they are a business where people can 

learn to fly. 

IV. Final Policy Changes 

FAA’s primary concern is that flying 

clubs operating at federally-obligated 


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Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations 13721 

airports must conform to the FAA 

definition found in FAA Order 5190.6B, 

paragraph 10.6. As stated, the Order 

defines ‘‘a flying club as a nonprofit or 

not-for-profit entity (e.g., corporation, 

association, or partnership) organized 

for the express purpose of providing its 

members with aircraft for their personal 

use and enjoyment only.’’ In addition, 

the ownership of the club aircraft must 

be vested in the name of the flying club 

or owned by all its members, the 

property rights of the members of the 

club shall be equal and no part of the 

net earnings of the club will inure to the 

benefit of any individual in any form, 

including salaries, bonuses, etc. These 

flying clubs can be distinguished from 

commercial service providers that use 

the term ‘‘flying club’’ to describe their 

operation in order to avoid having to 

comply with the airport’s minimum 

standards for commercial service 

providers Those ‘‘flying clubs’’ do not 

conform to the FAA definition and put 

other commercial aeronautical service 

providers at an economic disadvantage. 

Generally, they hold themselves out to 

the public as alternatives to traditional 

flight schools and aircraft rental 

providers, and charge only nominal 

annual ‘‘club fees.’’ 

FAA policy will emphasize three 

points: (1) Flying clubs should at no 

time hold themselves out as fixed based 

operators, flight schools, or as 

businesses offering services to the 

general public; and (2) CFIs and 

mechanics should be permitted to 

receive either monetary compensation 

or discounted/waived regular club 

member dues but not both; (3) flying 

clubs must not indicate, in any form of 

marketing and/or communications, that 

they are a flight school and flying clubs 

must not indicate in any form of 

marketing and/or communications that 

they are a business where people can 

learn to fly. FAA agrees with NATA that 

flight instructors and mechanics should 

be bona-fide club members paying dues 

as a condition to receiving 

compensation for services or a bona-fide 

member receiving a discount or waiver 

of dues with no compensation. To offer 

both compensation and discounted/

waived dues may result in abuse and 

the use of outside instructors and 

mechanics who have no investment of 

time or commitment to the club. 

Additionally, FAA agrees with NATA 

and FSANA that flying clubs must 

distinguish themselves from other 

aeronautical service providers. 

FAA expects that sponsors of 

federally-obligated airports will take 

appropriate action to ensure that 

commercial operators and flying clubs 

are properly classified, and the 

sponsor’s actions are consistent with its 

grant assurances, specifically Grant 

Assurance 22, Economic 

Nondiscrimination. 

FAA’s policy regarding flying clubs is 

amended by revising FAA Order 

5190.6B paragraphs 10.6(c)(3) and (4) 

and by adding paragraphs 10.6 (c)(8) 

and (9): 

b. General The ownership of the 

club aircraft must be vested in the name 

of the flying club or owned by all its 

members. The property rights of the 

members of the club shall be equal; no 

part of the net earnings of the club will 

inure to the benefit of any individual in 

any form, including salaries, bonuses, 

etc. The flying club may not derive 

greater revenue from the use of its 

aircraft than the amount needed for the 

operation, maintenance and 

replacement of its aircraft. 

(c)(3). A flying club may permit its 

aircraft to be used for flight instruction 

in a club-owned aircraft as long as both 

the instructor providing instruction and 

person receiving instruction are 

members of the club owning the aircraft, 

or when the instruction is given by a 

lessee based on the airport who 

provides flight training and the person 

receiving the training is a member of the 

flying club. In either circumstance, a 

flight instructor may receive monetary 

compensation for instruction or may be 

compensated by credit against payment 

of dues or flight time; however that 

individual may not receive both 

compensation and waived or discounted 

dues or flight time concurrently. The 

airport sponsor may set limits on the 

amount of instruction that may be 

performed for compensation. 

(c)(4). A qualified mechanic who is a 

registered member and part owner of the 

aircraft owned and operated by a flying 

club may perform maintenance work on 

aircraft owned by the club. The 

mechanic may receive monetary 

compensation for such maintenance 

work or may be compensated by credit 

against payment of dues or flight time; 

however that individual may not receive 

both compensation and waived or 

discounted dues or flight time 

concurrently. The airport sponsor may 

set limits on the amount of maintenance 

that may be performed for 

compensation. 

(c)(8). Flying Clubs may not hold 

themselves out to the public as fixed 

based operators, a specialized aviation 

service operation, maintenance facility 

or a flight school and are prohibited 

from advertisements as such or be 

required to comply with the appropriate 

airport minimum standards. 

(c)(9). Flying Clubs may not indicate 

in any form of marketing and/or 

communications that they are a flight 

school, and Flying Clubs must not 

indicate in any form of marketing and/ 

or communications that they are a 

business where people can learn to fly. 

Issued in Washington, DC, on March 9, 

2016. 

Byron Huffman, 

Acting Director, Office of Airport Compliance 

and Management Analysis. 

[FR Doc. 2016–05833 Filed 3–14–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 16–05] 

RIN 1515–AE08 

Extension of Import Restrictions 

Imposed on Certain Archaeological 

and Ethnological Materials From the 

Republic of Colombia 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations to reflect the 

extension of import restrictions on 

certain archaeological and ethnological 

materials from the Republic of Colombia 

(‘‘Colombia’’). The restrictions, which 

were originally imposed by CBP 

Decision (Dec.) 06–09 and extended by 

CBP Dec. 11–06, are due to expire on 

March 15, 2016. The Assistant Secretary 

for Educational and Cultural Affairs, 

United States Department of State, has 

determined that factors continue to 

warrant the imposition of import 

restrictions and no cause for suspension 

exists. Accordingly, these import 

restrictions will remain in effect for an 

additional five years, and the CBP 

regulations are being amended to reflect 

this extension until March 15, 2021. 

These restrictions are being extended 

pursuant to determinations of the 

United States Department of State made 

under the terms of the Convention on 

Cultural Property Implementation Act 

that implemented the United Nations 

Educational, Scientific and Cultural 

Organization (UNESCO) Convention on 

the Means of Prohibiting and Preventing 

the Illicit Import, Export and Transfer of 

Ownership of Cultural Property. CBP 

Dec. 06–09 contains the Designated List 


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