71634 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

2014) and on or before April 5 (for the 

stress test beginning January 1, 2016, 

and all stress tests thereafter), the results 

of the stress test in the manner and form 

specified by the OCC. 

* * * * * 

■ 6. Section 46.8 is amended by revising 

paragraphs (a)(1) and (2) to read as 

follows: 

§ 46.8 Publication of disclosures. 

(a) Publication date—(1) Over $50 

billion covered institution. (i) Prior to 

January 1, 2016, an over $50 billion 

covered institution must publish a 

summary of the results of its annual 

stress test in the period starting March 

15 and ending March 31 (for the stress 

test cycle beginning October 1, 2014). 

(ii) Effective January 1, 2016, an over 

$50 billion covered institution must 

publish a summary of the results of its 

annual stress test in the period starting 

June 15 and ending July 15 (for the 

stress test cycle beginning January 1, 

2016, and for all stress tests thereafter) 

provided: 

(A) Unless the OCC determines 

otherwise, if the over $50 billion 

covered institution is a consolidated 

subsidiary of a bank holding company 

or savings and loan holding company 

subject to supervisory stress tests 

conducted by the Board of Governors of 

the Federal Reserve System pursuant to 

12 CFR part 252, then within the June 

15 to July 15 period such covered 

institution may not publish the required 

summary of its annual stress test earlier 

than the date that the Board of 

Governors of the Federal Reserve 

System publishes the supervisory stress 

test results of the covered bank’s parent 

holding company. 

(B) If the Board of Governors of the 

Federal Reserve System publishes the 

supervisory stress test results of the 

covered institution’s parent holding 

company prior to June 15, then such 

covered institution may publish its 

stress test results prior to June 15, but 

no later than July 15, through actual 

publication by the covered institution or 

through publication by the parent 

holding company pursuant to paragraph 

(b) of this section. 

(2) $10 to $50 billion covered 

institution. (i) Prior to January 1, 2016, 

a $10 to $50 billion covered institution 

must publish a summary of the results 

of its annual stress test in the period 

starting June 15 and ending June 30 (for 

the stress test cycle beginning October 1, 

2014). 

(ii) Effective January 1, 2016, a $10 to 

$50 billion covered institution must 

publish a summary of the results of its 

annual stress test in the period starting 

October 15 and ending October 31 (for 

the stress test cycle beginning January 1, 

2016, and for all stress tests thereafter). 

* * * * * 

Dated: November 19, 2014. 

Thomas J. Curry, 

Comptroller of the Currency. 

[FR Doc. 2014–28420 Filed 12–2–14; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61 and 141 

[Docket No.: FAA–2014–0987; Amdt. Nos. 

61–133, 141–18]; RIN 2120–AK62 

Aviation Training Device Credit for 

Pilot Certification 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule. 

SUMMARY: This rulemaking relieves 

burdens on pilots seeking to obtain 

aeronautical experience, training, and 

certification by increasing the allowed 

use of aviation training devices. These 

training devices have proven to be an 

effective, safe, and affordable means of 

obtaining pilot experience. These 

actions are necessary to bring the 

regulations in line with current needs 

and activities of the general aviation 

training community and pilots. 

DATES: Effective January 20, 2015. 

Send comments on or before January 

2, 2015. If the FAA receives an adverse 

comment or notice of intent to file an 

adverse comment, the FAA will advise 

the public by publishing a document in 

the Federal Register before the effective 

date of the final rule, which may 

withdraw this direct final rule in whole 

or in part. 

ADDRESSES: Send comments identified 

by docket number FAA–2014–0987 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Marcel Bernard, Airmen 

Certification and Training Branch, 

Flight Standards Service, AFS–810, 

Federal Aviation Administration, 55 M 

Street SE., 8th floor, Washington, DC 

20003–3522; telephone (202) 385–9616; 

email marcel.bernard@faa.gov. 

For legal questions concerning this 

action, contact Anne Moore, 

International Law, Legislation, and 

Regulations Division, Office of the Chief 

Counsel, AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–8018; email 

anne.moore@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code (49 U.S.C.). Subtitle 

I, Section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 

This rulemaking is promulgated 

under the authority described in 49 

U.S.C. 106(f), which establishes the 

authority of the Administrator to 

promulgate regulations and rules; 49 

U.S.C. 44701(a)(5), which requires the 

Administrator to promote safe flight of 

civil aircraft in air commerce by 

prescribing regulations and setting 

minimum standards for other practices, 

methods, and procedures necessary for 

safety in air commerce and national 

security; and 49 U.S.C. 44703(a), which 

requires the Administrator to prescribe 

regulations for the issuance of airman 

certificates when the Administrator 


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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71635 

1Section 61.4(c) states that the ‘‘Administrator 

may approve a device other than a flight simulator 

or flight training device for specific purposes.’’ 

2 In a 2007 NPRM, the FAA proposed to limit the 

time in a personal computer-based aviation training 

device that could be credited toward the instrument 

rating. Pilot, Flight Instructor, and Pilot School 

Certification NPRM, 72 FR 5806 (February 7, 2007). 

Three commenters recommended that the FAA use 

the terms ‘‘basic aviation training device’’ (BATD) 

and ‘‘advanced aviation training device’’ (AATD). 

Pilot, Flight Instructor, and Pilot School 

Certification Final Rule, 74 FR 42500 (August 21, 

2009) (‘‘2009 Final Rule’’). In response to the 

commenters, the FAA changed the regulatory text 

in the final rule to ‘‘aviation training device,’’ 

noting BATDs and AATDs ‘‘as being aviation 

training devices (ATD) are defined’’ in an advisory 

circular. 

finds, after investigation, that an 

individual is qualified for, and 

physically able to perform the duties 

related to, the position authorized by 

the certificate. 

The Direct Final Rule Procedure 

The FAA is adopting this direct final 

rule without prior notice and prior 

public comment as a direct final rule 

because, due to the relieving nature of 

the provisions, we do not anticipate any 

adverse comments. This direct final rule 

concerns the allowances for using 

aviation training devices (ATD) toward 

the aeronautical experience 

requirements for an instrument rating. 

In 2009, the FAA issued a final rule that 

placed limits on the use of ATDs for 

instrument training. These regulatory 

limits were, in fact, more restrictive 

than what the FAA historically had 

permitted through letter of authorization 

(LOA). Due to public reliance on 

previous letters of authorization and the 

long history of allowing higher levels of 

ATD usage, the FAA believes it is 

unlikely to receive any adverse 

comments. 

The Regulatory Policies and 

Procedures of the Department of 

Transportation (DOT) (44 FR 1134; 

February 26, 1979) provide that to the 

maximum extent possible, operating 

administrations for the DOT should 

provide an opportunity for public 

comment on regulations issued without 

prior notice. Accordingly, the FAA 

invites interested persons to participate 

in this rulemaking by submitting written 

comments, data, or views. The agency 

also invites comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting this final rule. 

A direct final rule will take effect on 

a specified date unless the FAA receives 

an adverse comment or notice of intent 

to file an adverse comment within the 

comment period. An adverse comment 

explains why a rule would be 

inappropriate, or would be ineffective or 

unacceptable without a change. It may 

challenge the rule’s underlying premise 

or approach. Under the direct final rule 

process, the FAA does not consider the 

following types of comments to be 

adverse: 

(1) A comment recommending 

another rule change, in addition to the 

change in the direct final rule at issue. 

The FAA considers the comment 

adverse, however, if the commenter 

states why the direct final rule would be 

ineffective without the change. 

(2) A frivolous or insubstantial 

comment. 

If the FAA receives an adverse 

comment or notice of intent to file an 

adverse comment, the FAA will advise 

the public by publishing a document in 

the Federal Register before the effective 

date of the final rule. This document 

may withdraw the direct final rule in 

whole or in part. If the FAA withdraws 

a direct final rule because of an adverse 

comment, the FAA may incorporate the 

commenter’s recommendation into 

another direct final rule or may publish 

a notice of proposed rulemaking. 

If the FAA does not receive an 

adverse comment or notice of intent to 

file an adverse comment, the FAA will 

publish a confirmation document in the 

Federal Register, generally within 15 

days after the comment period closes. 

The confirmation document tells the 

public the effective date of the rule. 

See the ‘‘Additional Information’’ 

section for information on how to 

comment on this direct final rule and 

how the FAA will handle comments 

received. The ‘‘Additional Information’’ 

section also contains related 

information about the docket, privacy, 

the handling of proprietary or 

confidential business information. In 

addition, there is information on 

obtaining copies of related rulemaking 

documents. 

I. Discussion of the Direct Final Rule 

Since the 1970s, the FAA has 

gradually expanded the use of flight 

simulation for training—first permitting 

simulation to be used in air carrier 

training programs and eventually 

permitting pilots to credit time in 

devices toward the aeronautical 

experience requirements for airman 

certification and recency. Currently, 

Title 14 of the Code of Federal 

Regulations (14 CFR) part 60 governs 

the qualification of flight simulation 

training devices (FSTD), which include 

full flight simulators (FFSs) and flight 

training devices (FTDs) levels 4 through 

7. The FAA has, however, approved 

other devices including ATDs for use in 

pilot certification training, under the 

authority provided in 14 CFR 61.4(c).1

For over 30 years, the FAA has issued 

letters of authorization (LOAs) to 

manufacturers of ground trainers, 

personal computer-based aviation 

training devices (PCATD), FTDs (levels 

1 through 3), basic aviation training 

devices (BATD), and advanced aviation 

training devices (AATD). These LOAs 

were based on guidance provided in 

advisory circulars that set forth the 

qualifications and capabilities for the 

devices. Prior to 2008, most LOAs were 

issued under the guidance provided in 

advisory circular AC 61–126, 

Qualification and Approval of Personal 

Computer-Based Aviation Training 

Devices, and AC 120–45, Airplane 

Flight Training Device Qualification. 

Since July 2008, the FAA has approved 

devices in accordance with Advisory 

Circular 61–136, FAA Approval of Basic 

Aviation Training Devices (BATD) and 

Advanced Aviation Training Devices 

(AATD). 

In 2009, the FAA issued a final rule 

that for the first time introduced the 

term ‘‘aviation training device’’ into the 

regulations and placed express limits on 

the amount of instrument time in an 

ATD that could be credited toward the 

aeronautical experience requirements 

for an instrument rating.2

Since the 2009 final rule, § 61.65(i) 

has provided that no more than 10 

hours of instrument time received in an 

ATD may be credited toward the 

instrument time requirements of that 

section. In addition, appendix C to part 

141 permits an ATD to be used for no 

more than 10% of the total flight 

training hour requirements of an 

approved course for an instrument 

rating. 

Despite the limitations on the use of 

ATDs that were set forth in the 2009 

final rule, the FAA had issued hundreds 

of LOAs to manufacturers of devices 

that permitted ATDs (as well as ground 

trainers, PCATDs, and FTDs (levels 1 

through 3)) to be used to a greater extent 

than was ultimately set forth in the 

regulations. Even after publication of 

the 2009 final rule, the FAA continued 

to issue LOAs in excess of the express 

limitations in the regulations. On 

January 2, 2014, the FAA published a 

notice of policy to reissue LOAs to 

reflect current regulatory requirements. 

79 FR 20. The FAA concluded that it 

could not use LOAs to exceed express 

limitations that had been placed in the 

regulations through notice and comment 

rulemaking. 

As discussed further in the following 

two sections, the FAA is amending the 

regulations governing the use of ATDs 

to increase the use of these devices for 

instrument training requirements above 


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3As required under § 61.51(g)(4), to log 

instrument time in an ATD for the purpose of a 

certificate or rating, an authorized instructor must 

be present. 

the levels established in the 2009 final 

rule. In developing this direct final rule, 

the FAA notes that ATD development 

has advanced to an impressive level of 

capability. Many ATDs can simulate 

weather conditions with variable winds, 

variable ceilings and visibility, icing, 

turbulence, high definition (HD) visuals, 

hundreds of different equipment failure 

scenarios, navigation specific to current 

charts and topography, specific 

navigation and communication 

equipment use, variable ‘‘aircraft 

specific’’ performance, and more. The 

visual and motion component of some 

of these devices permit maneuvers that 

require outside visual references in an 

aircraft to be successfully taught in an 

AATD. Many of these simulation 

capabilities were not possible in 

PCATDs and BATDs that the FAA 

approved for 10 hours of instrument 

time. 

The FAA believes that permitting 

pilots to log increased time in ATDs will 

encourage pilots to practice maneuvers 

until they are performed to an 

acceptable level of proficiency. In an 

ATD, a pilot can replay the training 

scenario, identify any improper action, 

and determine corrective actions 

without undue hazard or risk to persons 

or property. In this fashion, a pilot can 

continue to practice tasks and 

maneuvers in a safe, effective, and cost 

efficient means of maintaining 

proficiency. 

A. Credit for Instrument Time for an 

Instrument Rating 

Because of the proven capability of 

some ATDs, the FAA is increasing the 

maximum time that may be credited in 

an ATD toward the instrument time 

requirements for an instrument rating 

under § 61.65(i). Upon the effective date 

of this direct final rule, a person will be 

permitted to credit a maximum of 20 

hours of instrument time in an approved 

ATD toward the requirements for an 

instrument rating.3 Devices that qualify 

as AATDs will be authorized for up to 

20 hours of instrument time. Devices 

that qualify as BATDs will be 

authorized for a maximum of 10 hours 

of instrument time. In light of this 

difference, pilots must—as required by 

current regulations—include in their 

logbooks the type and identification of 

any ATD that is used to accomplish 

aeronautical experience requirements 

for a certificate, rating, or recent flight 

experience. 14 CFR 61.51(b)(1)(iv). The 

FAA is retaining the existing limit of 20 

hours of combined time in FFS, FTD, 

and ATDs that may be credited towards 

the aeronautical experience 

requirements for an instrument rating. 

B. Approved Instrument Rating Courses 

The FAA is also amending appendix 

C to part 141 to increase the limit on the 

amount of training hours that may be 

accomplished in an ATD in an approved 

course for an instrument rating. With 

this direct final rule, an ATD may be 

used for no more than 40 percent of the 

total flight training hour requirements 

for an instrument rating. The FAA notes 

that this direct final rule does not 

change the current provision in 

appendix C, which provides that credit 

for training in FFS, FTDs, and ATDs, if 

used in combination, cannot exceed 50 

percent of the total flight training hour 

requirements of an instrument rating 

course. 

In addition, the FAA is amending 

§ 141.41 to clarify the existing 

qualification and approval requirement 

for FSTDs and to add the qualification 

and approval of ATDs by the FAA, 

which is currently conducted pursuant 

to § 61.4(c). 

C. View-Limiting Device 

Under § 61.51(g), a person may log 

instrument time only for that flight time 

when the person operates an aircraft 

solely by reference to the instruments 

under actual or simulated conditions. 

When instrument time is accomplished 

in an aircraft, a pilot wears a viewlimiting device to simulate instrument 

conditions and ensure that he or she is 

flying without utilizing outside visual 

references. 

Currently, § 61.65(i) requires a pilot 

who is accomplishing instrument time 

in an ATD to wear a view-limiting 

device. This requirement is not 

necessary because ATDs do not afford 

outside references, other than the 

simulated visual component that can be 

configured to limit the visibility level as 

desired. The purpose of a view-limiting 

device is to prevent a pilot (while 

training in an aircraft during flight) from 

having outside visual references. These 

references are not available in a training 

device (which is located in a dedicated 

room or indoor location). In fact, the 

majority of these devices have a 

simulated visual display that can be 

configured to be unavailable or 

represent ‘‘limited visibility’’ conditions 

that preclude any need for a viewlimiting device to be worn by the 

student. 

In an ATD (or FSTD), a pilot has no 

opportunity to look outside for any 

useful visual references pertaining to 

the simulation. This lack of visual 

references requires the pilot to give his 

or her full attention to the flight 

instruments which is the goal of any 

instrument training or experience. The 

FAA believes that using a training 

device can be useful because it trains 

the pilot to focus on, appropriately scan 

and interpret the flight instruments. All 

training devices that incorporate a 

visual system can be configured to the 

desired visibility level required for that 

particular lesson. Because of this same 

capability, use of a view-limiting device 

is not required. 

When the FAA introduced 

§ 61.65(i)(4) requiring view-limiting 

devices in the 2009 final rule, the 

preamble was silent as to why a viewlimiting device was necessary. 74 FR 

42500, 42523. Based on comments from 

industry, the FAA has determined that 

due to the sophistication of the flight 

visual representation for ATDs and the 

capability of presenting various weather 

conditions appropriate to the training 

scenario, a view-limiting device is 

unnecessary. It is unnecessary to limit 

the view when the training device is 

designed to simulate instrument 

conditions. 

The FAA is revising § 61.65(i)(4) to 

eliminate the requirement that pilots, 

accomplishing instrument time in an 

ATD wear a view-limiting device. The 

FAA emphasizes, however, that a 

pilot—whether in an aircraft, FFS, FTD, 

or ATD—may log instrument time only 

when the pilot is operating solely by 

reference to the instruments under 

actual or simulated conditions. If a pilot 

is using an ATD and the device is 

providing visual references upon which 

the pilot is relying, this would not 

constitute instrument time under 

§ 61.51(g). 

III. Effective Date for Rule Provisions 

The FAA is making the provisions of 

this direct final rule effective 45 days 

after the date of publication in the 

Federal Register. The FAA reiterates 

that a direct final rule takes effect on a 

specified date unless the FAA receives 

an adverse comment or notice of intent 

to file an adverse comment within the 

comment period. 

IV. Advisory Circulars and Other 

Guidance Materials 

To further implement this direct final 

rule, the FAA is revising the following 

Advisory Circulars and FAA Orders. 

AC 61–136, FAA Approval of Basic 

Aviation Training Devices (BATD) and 

Advanced Aviation Training Devices 

(AATD), has been revised to 

accommodate all the new ATD 

provisions. 


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FAA Order 8900.1, Flight Standards 

Information Management System, Vol. 

11, Chapter 10, Basic and Advanced 

Aviation Training Device, Sec. 1, 

Approval and Authorized Use under 14 

CFR parts 61 and 141 guidance 

concerning ATD’s is also being revised. 

V. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this direct final 

rule. 

In conducting these analyses, FAA 

has determined that this direct final 

rule: (1) Has benefits that justify its 

costs, (2) is not an economically 

‘‘significant regulatory action’’ as 

defined in section 3(f) of Executive 

Order 12866, (3) is not ‘‘significant’’ as 

defined in DOT’s Regulatory Policies 

and Procedures; (4) will not have a 

significant economic impact on a 

substantial number of small entities; (5) 

will not create unnecessary obstacles to 

the foreign commerce of the United 

States; and (6) will not impose an 

unfunded mandate on state, local, or 

tribal governments, or on the private 

sector by exceeding the threshold 

identified above. These analyses are 

summarized below. 

Department of Transportation DOT 

Order 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it to be included in the 

preamble if a full regulatory evaluation 

of the costs and benefits is not prepared. 

Such a determination has been made for 

this direct final rule. The reasoning for 

this determination follows: 

The provisions included in this rule 

are either relieving or voluntary. The 

elimination of the requirement to use a 

view-limiting device is a relieving 

provision. The other two provisions are 

voluntary—additional ATD credit for 

instrument time for an instrument rating 

and additional ATD credit for approved 

instrument courses. 

Persons who use the new provisions 

will do so only if the benefit they will 

accrue from their use exceeds the costs 

they might incur to comply. There is no 

cost incurred if people do not choose to 

comply with these provisions. Benefits 

will exceed the costs of a voluntary rule 

if just one person voluntarily complies. 

Since this direct final rule will 

impose no new costs, provides 

regulatory relief for the use of viewlimiting devices, and allows greater 

voluntary use of aviation training 

devices, the expected outcome will be a 

minimal impact with positive net 

benefits. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

Most of the parties affected by this 

rule would be small businesses such as 

flight instructors, aviation schools, and 

fixed base operators. The general lack of 

publicly available financial information 

from these small businesses precludes a 

financial analysis of these small 

businesses. While there is likely a 

substantial number of small entities 

affected, the provisions of this direct 

final rule are either relieving (directly 

provides cost relief) or voluntary 

(provides benefits or costs only if a 

person voluntarily chooses to use the 

rule provision). 

If an agency determines that a 

rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities, the 

head of the agency may so certify under 

section 605(b) of the RFA. Therefore, as 

provided in section 605(b), the head of 

the FAA certifies that this rulemaking 

would not result in a significant 

economic impact on a substantial 

number of small entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

The FAA has assessed the potential 

effect of this direct final rule and 

determined that it would have only a 

domestic impact and therefore would 

not create unnecessary obstacles to the 

foreign commerce of the United States. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 


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of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$151.0 million in lieu of $100 million. 

This direct final rule does not contain 

such a mandate. Therefore, the 

requirements of Title II of the Act do not 

apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there is no 

new requirement for information 

collection associated with this direct 

final rule. 

F. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to ICAO Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

G. Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

H. Administrative Procedure Act 

An agency may find good cause to 

exempt a rule from certain provisions of 

the Administrative Procedure Act (5 

U.S.C. 553), including notice of 

proposed rulemaking and the 

opportunity for public comment, if it is 

determined to be unnecessary, 

impracticable, or contrary to the public 

interest. This rule relieves regulatory 

restrictions by permitting persons to 

credit a maximum of 20 hours of 

instrument time in an approved ATD 

toward the requirements for an 

instrument rating under § 61.65(i). This 

rule also permits an ATD to be used for 

no more than 40 percent of the total 

flight training hour requirements for an 

instrument rating under 14 CFR part 

141. Finally, this rule eliminates the 

requirement that pilots, accomplishing 

instrument time in an ATD, wear a 

view-limiting device. 

Therefore, the FAA finds good cause 

to publish this action as a direct final 

rule. Please see the ‘‘Direct Final Rule 

Procedure’’ section for more 

information. 

VII. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this rule under 

the principles and criteria of Executive 

Order 13132, Federalism. The agency 

has determined that this action would 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

would not have Federalism 

implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it would not 

be a ‘‘significant energy action’’ under 

the executive order and would not be 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

C. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

(77 FR 26413, May 4, 2012) promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

VIII. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

this document. The most helpful 

comments reference a specific portion of 

the rule, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking. Before acting on this 

rule, the FAA will consider all 

comments it receives on or before the 

closing date for comments. The agency 

may change this rule in light of the 

comments it receives. 

Proprietary or Confidential Business 

Information: Commenters should not 

file proprietary or confidential business 

information in the docket. Such 

information must be sent or delivered 

directly to the person identified in the 

FOR FURTHER INFORMATION CONTACT

section of this document, and marked as 

proprietary or confidential. If submitting 

information on a disk or CD ROM, mark 

the outside of the disk or CD ROM, and 

identify electronically within the disk or 

CD ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

• Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

• Visiting the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies or 

• Accessing the Government Printing 

Office’s Web page at http://

www.fdsys.gov. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW., Washington, DC 20591, or 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 71639 

by calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this rule, including 

economic analyses and technical 

reports, may be accessed from the 

Internet through the Federal 

eRulemaking Portal referenced above. 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http://

www.faa.gov/regulations_policies/

rulemaking/sbre_act/. 

List of Subjects 

14 CFR Part 61 

Aircraft, Airmen, Aviation safety, 

Teachers. 

14 CFR Part 141 

Airmen, Educational facilities, 

reporting and recordkeeping 

requirements, Schools. 

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 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701–44703, 44707, 44709–44711, 45102– 

45103, 45301–45302. 

■ 2. Amend § 61.65 by revising 

paragraph (i) and adding paragraph (j) to 

read as follows: 

§ 61.65 Instrument rating requirements. 

* * * * * 

(i) Use of an aviation training device. 

A maximum of 20 hours of instrument 

time received in an aviation training 

device may be credited for the 

instrument time requirements of this 

section if— 

(1) The device is approved and 

authorized by the FAA; 

(2) An authorized instructor provides 

the instrument time in the device; and 

(3) The FAA approved the instrument 

training and instrument tasks performed 

in the device. 

(j) A person may not credit more than 

20 total hours of instrument time in a 

flight simulator, flight training device, 

aviation training device, or combination 

toward the instrument time 

requirements of this section. 

PART 141—PILOT SCHOOLS 

■ 3. The authority citation for part 141 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40113, 

44701–44703, 44707, 44709, 44711, 45102– 

45103, 45301–45302. 

■ 4. Revise § 141.41 to read as follows: 

§ 141.41 Flight simulators, flight training 

devices, aviation training devices, and 

training aids. 

An applicant for a pilot school 

certificate or a provisional pilot school 

certificate must show that its flight 

simulators, flight training devices, 

aviation training devices, training aids, 

and equipment meet the following 

requirements: 

(a) Flight simulators and flight 

training devices. Each flight simulator 

and flight training device used to obtain 

flight training credit in an approved 

pilot training course curriculum must 

be: 

(1) Qualified under part 60 of the 

chapter; and 

(2) Approved by the Administrator for 

the tasks and maneuvers. 

(b) Aviation training devices. Each 

aviation training device used to obtain 

flight training credit in an approved 

pilot training course curriculum must be 

evaluated, qualified, and approved by 

the Administrator. 

(c) Training aids and equipment. Each 

training aid, including any audiovisual 

aid, projector, tape recorder, mockup, 

chart, or aircraft component listed in the 

approved training course outline, must 

be accurate and appropriate to the 

course for which it is used. 

■ 5. Amend Appendix C to part 141 by 

revising paragraph (b) in section 4 to 

read as follows: 

Appendix C to Part 141—Instrument 

Rating Course 

* * * * * 

4. Flight training. * * * 

(b) For the use of flight simulators, 

flight training devices, or aviation 

training devices— 

(1) The course may include training in 

a flight simulator, flight training device, 

or aviation training device provided it is 

representative of the aircraft for which 

the course is approved, meets the 

requirements of this paragraph, and the 

training is given by an authorized 

instructor. 

(2) Credit for training in a flight 

simulator that meets the requirements of 

§ 141.41(a) cannot exceed 50 percent of 

the total flight training hour 

requirements of the course or of this 

section, whichever is less. 

(3) Credit for training in a flight 

training device that meets the 

requirements of § 141.41(a), an aviation 

training device that meets the 

requirements of § 141.41(b), or a 

combination of these devices cannot 

exceed 40 percent of the total flight 

training hour requirements of the course 

or of this section, whichever is less. 

(4) Credit for training in flight 

simulators, flight training devices, and 

aviation training devices if used in 

combination, cannot exceed 50 percent 

of the total flight training hour 

requirements of the course or of this 

section, whichever is less. However, 

credit for training in a flight training 

device or aviation training device 

cannot exceed the limitation provided 

for in paragraph (b)(3) of this section. 

* * * * * 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f), 44701(a)(5), and 

44703(a), on November 28, 2014. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2014–28485 Filed 12–2–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30986 Amdt. No. 3615] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 


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