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[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Rules and Regulations]               
[Page 56857-56858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se10-1]                         

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Rules and Regulations
                                                Federal Register
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to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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[[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
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