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[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]

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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.

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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
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