Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Rules and Regulations 63183 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; e-mail account.airworth-eas@

airbus.com; Internet http://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: http://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. 

[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 

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 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. 

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 § 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 

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: 

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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. 

[FR Doc. 2011–26229 Filed 10–11–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 110620344–1586–01] 

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 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: 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 

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: 

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: 

Background 

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. 

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 

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