78138 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 

is also exempt from § 1015.5 if the 

attorney: 

(1) Deposits any funds received from 

the consumer prior to performing legal 

services in a client trust account; and 

(2) Complies with all state laws and 

regulations, including licensing 

regulations, applicable to client trust 

accounts. 

§ 1015.8 Waiver not permitted. 

It is a violation of this rule for any 

person to obtain, or attempt to obtain, a 

waiver from any consumer of any 

protection provided by or any right of 

the consumer under this rule. 

§ 1015.9 Recordkeeping and compliance 

requirements. 

(a) Any mortgage assistance relief 

provider must keep, for a period of 

twenty-four (24) months from the date 

the record is created, the following 

records: 

(1) All contracts or other agreements 

between the provider and any consumer 

for any mortgage assistance relief 

service; 

(2) Copies of all written 

communications between the provider 

and any consumer occurring prior to the 

date on which the consumer entered 

into an agreement with the provider for 

any mortgage assistance relief service; 

(3) Copies of all documents or 

telephone recordings created in 

connection with compliance with 

paragraph (b) of this section; 

(4) All consumer files containing the 

names, phone numbers, dollar amounts 

paid, and descriptions of mortgage 

assistance relief services purchased, to 

the extent the mortgage assistance relief 

service provider keeps such information 

in the ordinary course of business; 

(5) Copies of all materially different 

sales scripts, training materials, 

commercial communications, or other 

marketing materials, including Web 

sites and weblogs, for any mortgage 

assistance relief service; and 

(6) Copies of the documentation 

provided to the consumer as specified 

in § 1015.5 of this rule; 

(b) A mortgage assistance relief 

service provider also must: 

(1) Take reasonable steps sufficient to 

monitor and ensure that all employees 

and independent contractors comply 

with this rule. Such steps shall include 

the monitoring of communications 

directed at specific consumers, and 

shall also include, at a minimum, the 

following: 

(i) If the mortgage assistance relief 

service provider is engaged in the 

telemarketing of mortgage assistance 

relief services, performing random, 

blind recording and testing of the oral 

representations made by individuals 

engaged in sales or other customer 

service functions; 

(ii) Establishing a procedure for 

receiving and responding to all 

consumer complaints; and 

(iii) Ascertaining the number and 

nature of consumer complaints 

regarding transactions in which all 

employees and independent contractors 

are involved; 

(2) Investigate promptly and fully 

each consumer complaint received; 

(3) Take corrective action with respect 

to any employee or contractor whom the 

mortgage assistance relief service 

provider determines is not complying 

with this rule, which may include 

training, disciplining, or terminating 

such individual; and 

(4) Maintain any information and 

material necessary to demonstrate its 

compliance with paragraphs (b)(1) 

through (3) of this section. 

(c) A mortgage assistance relief 

provider may keep the records required 

by paragraphs (a) and (b) of this section 

in any form, and in the same manner, 

format, or place as it keeps such records 

in the ordinary course of business. 

(d) It is a violation of this rule for a 

mortgage assistance relief service 

provider not to comply with this 

section. 

§ 1015.10 Actions by states. 

Any attorney general or other officer 

of a state authorized by the state to bring 

an action under this part may do so 

pursuant to section 626(b) of the 2009 

Omnibus Appropriations Act, Public 

Law 111–8, section 626, 123 Stat. 524 

(Mar. 11, 2009), as amended by Public 

Law 111–24, section 511, 123 Stat. 1734 

(May 22, 2009), and as amended by 

Public Law 111–203, section 1097, 124 

Stat. 2102 (July 21, 2010). 

§ 1015.11 Severability. 

The provisions of this rule are 

separate and severable from one 

another. If any provision is stayed or 

determined to be invalid, it is the 

Bureau of Consumer Financial 

Protection’s intention that the remaining 

provisions shall continue in effect. 

Dated: October 24, 2011. 

Alastair M. Fitzpayne, 

Deputy Chief of Staff and Executive Secretary, 

Department of the Treasury. 

[FR Doc. 2011–31731 Filed 12–15–11; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1317; Directorate 

Identifier 2011–NM–193–AD; Amendment 

39–16893; AD 2011–26–03] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 777–200, –200LR, 

–300, and –300ER Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain Model 777–200, –300, and 

–300ER series airplanes. That AD 

currently requires installing Teflon 

sleeving under the clamps of certain 

wire bundles routed along the fuel tank 

boundary structure, and cap sealing 

certain penetrating fasteners of the main 

and center fuel tanks. This AD expands 

the applicability in the existing AD. 

This AD was prompted by fuel system 

reviews conducted by the manufacturer, 

which determined that electrical arcing 

on the fuel tank boundary structure or 

inside the fuel tanks could result in a 

fire or explosion. We are issuing this AD 

to correct the unsafe condition on these 

products. 

DATES: This AD is effective January 3, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of January 20, 2011 (75 FR 78588, 

December 16, 2010). 

We must receive any comments on 

this AD by January 30, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

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

through Friday, except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 78139 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone (206) 544–5000, extension 1; 

fax (206) 766–5680; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

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

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: (800) 647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Langsted, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6500; fax: (425) 917–6590; email 

margaret.langsted@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On November 18, 2010, we issued AD 

2010–24–12, amendment 39–16531 

(75 FR 78588, December 16, 2010), for 

certain Model 777–200, –300, and 

–300ER series airplanes. That AD 

requires installing Teflon sleeving under 

the clamps of certain wire bundles 

routed along the fuel tank boundary 

structure, and cap sealing certain 

penetrating fasteners of the main and 

center fuel tanks. That AD resulted from 

fuel system reviews conducted by the 

manufacturer. We issued that AD to 

prevent electrical arcing on the fuel tank 

boundary structure or inside the fuel 

tanks, which could result in a fire or 

explosion. 

Actions Since AD was Issued 

Since we issued AD 2010–24–12, 

Amendment 39–16531 (75 FR 78588, 

December 16, 2010), the European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community, 

asked that we specify if Model 777– 

200LR airplanes are affected by the 

existing AD, and clarify Note 1 of the 

existing AD. We have determined that 

Model 777–200LR airplanes were 

inadvertently excluded from the 

applicability of the existing AD. The 

subject airplanes are identified in the 

effectivity of Boeing Alert Service 

Bulletin 777–57A0059, dated October 

30, 2008, which was referred to in the 

existing AD as the appropriate source of 

service information for accomplishing 

certain actions. In light of these facts, 

we have added Model 777–200LR 

airplanes to the applicability in this AD 

as they are subject to the identified 

unsafe condition. 

We have also revised Note 1 of the 

existing AD to further clarify the 

applicability of the AD with regard to 

Model 777–200 airplanes. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

AD Requirements 

This AD retains all requirements of 

AD 2010–24–12, Amendment 39–16531 

(75 FR 78588, December 16, 2010). This 

AD adds Model 777–200LR airplanes to 

the applicability of the existing AD, and 

adds paragraph (i) to this AD to specify 

the actions (cap sealing the fasteners) 

required for those airplanes. 

FAA’s Justification and Determination 

of the Effective Date 

The FAA has found that an additional 

airplane model has been identified 

which is subject to the same unsafe 

condition specified in AD 2010–24–12, 

Amendment 39–16531 (75 FR 78588, 

December 16, 2010). There are no U.S.- 

registered Model 777–200LR airplanes; 

therefore, we find that notice and 

opportunity for prior public comment 

are unnecessary and that good cause 

exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2011–1317; and directorate 

identifier 2011–NM–193–AD; at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 129 

airplanes of U.S. registry. This new AD 

adds no additional economic burden. 

The current costs for this AD are 

repeated for the convenience of affected 

operators, as follows: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Retained actions from AD 

2010–24–12, (75 FR 

78588, December 16, 2010).

Between 278 and 358 

work-hours × $85 per hour.

$2,241 Between $25,871 and 

$32,671 per product.

Between $3,337,359 and 

$4,214,559. 

Currently, there are no affected Model 

777–200LR airplanes on the U.S. 

Register. However, if a Model 777– 

200LR airplane is imported and placed 

on the U.S. Register in the future, the 

required actions will take about 480 

work hours, at an average labor rate of 

$85 per work hour. Required parts cost 

about $2,241 per product. Based on 

these figures, we estimate the cost of 

this AD for Model 777–200LR airplanes 

to be $43,041 per airplane. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 


jlentini on DSK4TPTVN1PROD with RULES
78140 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends part 39 of the Federal 

Aviation Regulations (14 CFR part 39) as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2010–24–12, amendment 39–16531 

(75 FR 78588, December 16, 2010), and 

adding the following new AD: 

2011–26–03 The Boeing Company: 

Amendment 39–16893; Docket No. 

FAA–2011–1317; Directorate Identifier 

2011–NM–193–AD. 

(a) Effective Date 

This AD is effective January 3, 2012. 

(b) Affected ADs 

This AD supersedes AD 2010–24–12, 

amendment 39–16531 (75 FR 78588, 

December 16, 2010). 

(c) Applicability 

This AD applies to The Boeing Company 

airplanes, certificated in any category, as 

identified in the applicable service 

information specified in paragraphs (c)(1), 

(c)(2), (c)(3), and (c)(4) of this AD. 

(1) For Model 777–200, –300, and –300ER 

airplanes: Boeing Service Bulletin 777– 

57A0050, Revision 2, dated May 14, 2009. 

(2) For Model 777–200 and –300 airplanes: 

Boeing Alert Service Bulletin 777–57A0051, 

dated May 15, 2006. 

(3) For Model 777–200, –300, and –300ER 

airplanes: Boeing Alert Service Bulletin 777– 

57A0057, Revision 1, dated August 2, 2007. 

(4) For Model 777–200, –200LR, –300, and 

–300ER airplanes: Boeing Alert Service 

Bulletin 777–57A0059, dated October 30, 

2008. 

Note 1: Operators should consider any 

reference to Model 777–200ER airplanes 

identified in the service information 

specified in paragraphs (c)(1), (c)(2), (c)(3), 

and (c)(4) of this AD, as applicable, to be to 

the Model 777–200 airplanes designated by 

the type certificate data sheet. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 57: Wings. 

(e) Unsafe Condition 

This AD was prompted by fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent electrical 

arcing on the fuel tank boundary structure or 

inside the main and center fuel tanks, which 

could result in a fire or explosion. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

Restatement of Requirements of AD 2010– 

24–12, Amendment 39–16531 (75 FR 78588, 

December 16, 2010) 

(g) Corrective Actions (Installing Teflon 

Sleeving, Cap Sealing, One-Time Inspection) 

Within 60 months after January 20, 2011 

(the effective date of AD 2010–24–12, 

amendment 39–16531 (75 FR 78588, 

December 16, 2010)), do the applicable 

actions specified in paragraph (g)(1), (g)(2), 

(g)(3), or (g)(4) of this AD. 

(1) For airplanes identified in Boeing 

Service Bulletin 777–57A0050, Revision 2, 

dated May 14, 2009: Install Teflon sleeving 

under the clamps of certain wire bundles 

routed along the fuel tank boundary structure 

and cap seal certain penetrating fasteners of 

the fuel tanks, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 777–57A0050, Revision 2, 

dated May 14, 2009. 

(2) For airplanes identified in Boeing Alert 

Service Bulletin 777–57A0051, dated May 

15, 2006: Cap seal certain penetrating 

fasteners of the fuel tanks, in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 777–57A0051, 

dated May 15, 2006. 

(3) For airplanes identified in Boeing Alert 

Service Bulletin 777–57A0057, Revision 1, 

dated August 2, 2007: Do a general visual 

inspection to determine if certain fasteners 

are cap sealed and do all applicable 

corrective actions, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 777–57A0057, Revision 1, 

dated August 2, 2007. Do all applicable 

corrective actions before further flight. 

(4) For Model 777–200, –300, and –300ER 

airplanes identified in Boeing Alert Service 

Bulletin 777–57A0059, dated October 30, 

2008: Cap seal the fasteners in the center fuel 

tanks that were not sealed during production, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

777–57A0059, dated October 30, 2008. 

(h) Credit for Actions Done Using Previous 

Issues of the Service Bulletins 

(1) Actions done before January 20, 2011, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

777–57A0050, dated January 26, 2006; or 

Revision 1, dated August 2, 2007; are 

acceptable for compliance with the 

corresponding actions required by paragraph 

(g)(1) of this AD, provided that the applicable 

additional work specified in Boeing Service 

Bulletin 777–57A0050, Revision 2, dated 

May 14, 2009, is done within the compliance 

time specified in paragraph (g) of this AD. 

The additional work must be done in 

accordance with Boeing Service Bulletin 

777–57A0050, Revision 2, dated May 14, 

2009. 

(2) Actions done before January 20, 2011, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

777–57A0057, dated August 7, 2006, are 

acceptable for compliance with the actions 

required by paragraph (g)(3) of this AD. 

New Requirements of This AD 

(i) Cap Sealing the Fasteners 

For Model 777–200LR airplanes identified 

in Boeing Alert Service Bulletin 777– 

57A0059, dated October 30, 2008: Within 60 

months after the effective date of this AD, cap 

seal the fasteners in the center fuel tanks that 

were not sealed during production, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

777–57A0059, dated October 30, 2008. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 


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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Rules and Regulations 78141 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

(k) Related Information 

For more information about this AD, 

contact Margaret Langsted, Aerospace 

Engineer, Propulsion Branch, ANM–140S, 

FAA, Seattle ACO, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; phone: 

(425) 917–6500; fax: (425) 917–6590; email 

margaret.langsted@faa.gov. 

(l) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information on January 20, 

2011 (75 FR 78588, December 16, 2010). 

(i) Boeing Service Bulletin 777–57A0050, 

Revision 2, dated May 14, 2009; 

(ii) Boeing Alert Service Bulletin 777– 

57A0051, dated May 15, 2006; 

(iii) Boeing Alert Service Bulletin 777– 

57A0057, Revision 1, dated August 2, 2007; 

and 

(iv) Boeing Alert Service Bulletin 777– 

57A0059, dated October 30, 2008. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

(206) 544–5000, extension 1, fax (206) 766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.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 an NARA facility, 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 

December 5, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–31893 Filed 12–15–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2006–26661; Amdt. No. 

61–129] 

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 corrects an 

error in the codified text of that 

document to permit a person serving as 

an examiner and administering a 

practical test for the issuance of a sport 

pilot certificate in a light-sport aircraft 

other than a glider or balloon to hold 

either a medical certificate or a U.S. 

driver’s license. The FAA is also 

clarifying the regulatory text related to 

when an instrument proficiency check 

is required to act as pilot in command 

under IFR or in weather conditions less 

than the minimums prescribed for VFR. 

Finally, this document corrects one 

section of the final rule to clarify the 

FAA’s original intent with regard to the 

use of flight simulation training devices 

for training and testing when seeking to 

add a type rating to an existing pilot 

certificate or obtain a type rating 

concurrently with a pilot certificate. 

DATES: Effective December 16, 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; email to 

jeffrey.smith@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 21, 2009, the FAA 

published a final rule entitled, ‘‘Pilot, 

Flight Instructor, and Pilot School 

Certification’’ (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 correct an 

error in § 61.23 and to clarify the 

original intent of § 61.64. 

Discussion of Technical Amendment to 

§ 61.23 

As part of the 2009 final rule, the FAA 

revised § 61.23 to set forth the medical 

certification requirements for persons 

serving as examiners and administering 

practical tests. As modified in the final 

rule, the current text of that section 

requires an examiner administering a 

practical test in an aircraft, other than a 

glider or balloon, to hold at least a thirdclass medical certificate. 

During the rulemaking process, the 

FAA received a comment stating that 

examiners administering practical tests 

to applicants for a sport pilot certificate 

should not be required to hold a 

medical certificate. These tests— 

particularly those conducted in 

powered parachutes and weight-shiftcontrol aircraft—are frequently 

conducted by examiners who hold only 

a sport pilot certificate. A person 

exercising the privileges of a sport pilot 

certificate may hold either a medical 

certificate or a U.S. driver’s license to 

exercise those privileges. Although the 

preamble to the final rule acknowledged 

the comment, the regulatory text did not 

address the issue raised by the 

comment. 

Although an examiner is generally not 

the pilot in command of an aircraft 

during a practical test, an examiner 

may, on occasion, need to act as pilot 

in command of an aircraft during the 

course of a practical test. Accordingly, 

the FAA believes that an examiner must 

meet the appropriate medical 

certification requirements to act as pilot 

in command of the aircraft in which the 

test is being conducted should the need 

arise. An examiner conducting a 

practical test for a sport pilot certificate 

in a light-sport aircraft other than a 

glider or balloon would therefore only 

need to hold either a medical certificate 

or a U.S. driver’s license. 

The technical amendment will revise 

§ 61.23(c) to permit a person to serve as 

an examiner and administer a practical 

test for the issuance of a sport pilot 

certificate in a light-sport aircraft other 


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