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[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Rules and Regulations]
[Pages 19267-19268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8226]

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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 76, No. 67 / Thursday, April 7, 2011 / Rules 
and Regulations

[[Page 19267]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 61

[Docket No. FAA-2006-26661; Amdt. No. 61-127]
RIN 2120-AI86

Pilot, Flight Instructor, and Pilot School Certification; 
Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The FAA is correcting a final rule published on August 21, 
2009 (74 FR 42500). In that rule, the FAA amended its regulations to 
revise the training, qualification, certification, and operating 
requirements for pilots, flight instructors, ground instructors, and 
pilot schools. This document reinstates two paragraphs that were 
inadvertently removed in one section, and amends an out-of-date cross 
reference in another section.

DATES: Effective April 7, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Jeffrey Smith, 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) 493-4789; e-mail to 
jeffrey.smith@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) 267-3073; 
e-mail to anne.moore@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On August 21, 2009, the FAA published a final rule entitled, 
``Pilot, Flight Instructor, and Pilot School Certification; Final 
Rule'' (74 FR 42500). That final rule 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.  61.57 to reinsert paragraphs 
(d)(1) and (d)(2) because those paragraphs were inadvertently removed 
from the final rule. The FAA is also amending an incorrect reference in 
Sec.  61.65(c).

Technical Amendment

    Section 61.57(d) establishes the requirements for an instrument 
proficiency check. Prior to issuance of the 2009 final rule, Sec.  
61.57(d) contained introductory text as well as paragraph (d)(1), which 
set forth the aircraft in which an instrument proficiency check must be 
performed, and paragraph (d)(2), which set forth those persons who are 
authorized to conduct an instrument proficiency check. In the 2009 
final rule, the FAA stated in the amendatory instructions to Sec.  
61.57(d) that it was amending paragraph (d) rather than the 
introductory text to paragraph (d). As a result, paragraphs (d)(1) and 
(d)(2) were unintentionally removed from the final rule. The FAA is 
issuing this technical amendment to restore paragraphs (d)(1) and 
(d)(2) to Sec.  61.57.
    The FAA is also correcting a minor error to a reference in 
paragraph (c) of Sec.  61.65. In the 2009 final rule, the FAA added 
paragraphs (e) and (f) to this section. A corresponding change to a 
cross reference in paragraph (c) that would have accounted for these 
additions was unintentionally omitted. This technical edit will correct 
that omission.
    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 61

    Aircraft, Airmen, Aviation safety.

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

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.  61.57 by adding paragraphs (d)(1) and (d)(2) to read as 
follows:

Sec.  61.57  Recent flight experience: Pilot in command.

* * * * *
    (d) * * *
    (1) The instrument proficiency check must be--
    (i) In an aircraft that is appropriate to the aircraft category;
    (ii) For other than a glider, in a flight simulator or flight 
training device that is representative of the aircraft category; or
    (iii) For a glider, in a single-engine airplane or a glider.
    (2) The instrument proficiency check must be given by--
    (i) An examiner;
    (ii) A person authorized by the U.S. Armed Forces to conduct 
instrument flight tests, provided the person being tested is a member 
of the U.S. Armed Forces;
    (iii) A company check pilot who is authorized to conduct instrument 
flight tests under part 121, 125, or 135 of this chapter or subpart K 
of part 91 of this chapter, and provided that both the check pilot and 
the pilot being tested are employees of that operator or fractional 
ownership program manager, as applicable;
    (iv) An authorized instructor; or
    (v) A person approved by the Administrator to conduct instrument 
practical tests.
* * * * *

0
3. Amend Sec.  61.65 by revising paragraph (c) introductory text to 
read as follows:

Sec.  61.65  Instrument rating requirements.

* * * * *
    (c) Flight proficiency. A person who applies for an instrument 
rating must receive and log training from an authorized instructor in 
an aircraft, or in a flight simulator or flight training

[[Page 19268]]

device, in accordance with paragraph (g) of this section, that includes 
the following areas of operation:
* * * * *

    Issued in Washington, DC, on April 1, 2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011-8226 Filed 4-6-11; 8:45 am]
BILLING CODE 4910-13-P
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