Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules 41447 

(3) Sell eligible foods purchased for 

the household at the price paid by the 

service for the food without any 

additional cost markup; 

(4) Not impose a total order minimum 

of more than $50 per delivery for all 

items purchased, including eligible 

foods purchased with SNAP benefits 

and items purchased with other tender, 

combined; 

(5) Offer to accept orders and be able 

to deliver foods at least monthly; 

(6) Obtain the agreement of the 

participant, at the time of the food 

order, of the date and timeframe of 

delivery; and 

(7) Not impose any conditions on the 

use of the food purchase and delivery 

service which place a hardship on the 

SNAP household or which are unrelated 

to the purchase and delivery of foods, 

such as tipping of the delivery driver or 

participation in religious or other 

affiliate activities. 

§ 278.6 [Amended] 

■ 8. In § 278.6: 

■ a. Amend paragraph (e)(1)(iii)(A) by 

removing the words, ‘‘and (h)’’ and 

adding in their place the words, ‘‘,(h) 

and (i)’’. 

■ b. Amend paragraph (l) by removing 

the references, ‘‘§ 278.1(k)’’ and 

‘‘§ 278.1(j)’’ and adding in their place 

the references, ‘‘§ 278.1(l)’’ and 

‘‘§ 278.1(k)’’, wherever they occur, 

respectively. 

■ c. Amend paragraph (m) by removing 

the references, ‘‘§ 278.1(k)’’ and 

‘‘§ 278.1(j)’’ and adding in their place 

the references, ‘‘§ 278.1(l)’’ and 

‘‘§ 278.1(k)’’, respectively. 

Dated: June 21, 2015. 

Jeffrey J. Tribiano, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. 2015–17354 Filed 7–14–15; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2015–2022] 

Petition of the Aircraft Owner and 

Pilots Association (AOPA) To Amend 

FAA Policy Concerning Flying Club 

Operations at Federally-Obligated 

Airports. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition; request for 

comments. 

SUMMARY: This notice requests 

comments on a petition by the Aircraft 

Owner and Pilots Association (AOPA) 

to revise certain policies concerning 

flying clubs in the Federal Aviation 

Administration (FAA) Order 5190.6B, 

FAA Airport Compliance Manual. As 

part of its effort to promote flying clubs, 

AOPA has requested certain revisions to 

FAA guidance intended to lower 

barriers for new flying clubs. These 

revisions allow flight instructors and 

mechanics who are club members to 

receive monetary compensation for 

services provided to club members. 

On April 3, 2015, the AOPA Senior 

Vice President for Government Affairs & 

Advocacy, James W. Coon, wrote to Mr. 

Randall Fiertz, FAA’s Director of the 

Office of Airport Compliance and 

Management Analysis proposing 

revision to FAA guidance regarding 

compensation for flight instructors and 

persons maintaining aircraft within the 

context of flying club operations. AOPA 

seeks ‘‘to help current flying clubs and 

airport sponsors comply with the FAA 

guidance outlined in 5190.6B, and to 

provide future flying clubs the 

opportunity to strengthen and unify 

general aviation pilots.’’ AOPA states 

that its goal is ‘‘to provide guidance that 

is attainable and ensures educated 

compliance from all airport users,’’ and 

thus asks for ‘‘updated guidance 

regarding compensation for flight 

instructors and maintainers’’ because 

‘‘flight instructors and aviation 

mechanics are valuable assets to the 

aviation industry, and should be granted 

the privilege of fair compensation for 

their efforts on a local level.’’ 

DATES: Send your comments on or 

before August 14, 2015. The FAA will 

consider comments on the petition. Any 

revisions resulting from the original 

petition or comments received will be 

adopted as of the date of a subsequent 

publication in the Federal Register. 

ADDRESSES: You may send comments 

[identified by Docket Number FAA– 

2015–2022] using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

• Fax: 1–202–493–2251. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

For more information on the notice 

and comment process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: To read background 

documents or comments received, go to 

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

or to Room W12–140 on the ground 

floor of the West Building, 1200 New 

Jersey Avenue SE., Washington, DC, 

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

through Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Availability of Documents: You can 

get an electronic copy of this Policy and 

all other documents in this docket using 

the Internet by: 

(1) Searching the Federal 

eRulemaking portal (http://

www.faa.gov/regulations/search); 

(2) Visiting FAA’s Regulations and 

Policies Web page at (http://

www.faa.gov/regulations_policies; or 

(3) Accessing the Government 

Printing Office’s Web page at (http://

www.gpoaccess.gov/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Airport 

Compliance and Management Analysis, 

800 Independence Avenue SW., 

Washington, DC 20591, or by calling 

(202) 267–3085. Make sure to identify 

the docket number, notice number, or 

amendment number of this proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Miguel Vasconcelos, Airport 

Compliance Division, ACO–100, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, telephone (202) 

267–3085; facsimile: (202) 267–4620. 

SUPPLEMENTARY INFORMATION: FAA 

Order 5190.6B, FAA Airport 

Compliance Manual (Order), published 

on September 30, 2009 defines flying 

clubs as: ‘‘a nonprofit or not-for-profit 

entity (e.g., corporation, association, or 

partnership) organized for the express 

purpose of providing its members with 

aircraft for their personal use and 


srobinson on DSK5SPTVN1PROD with PROPOSALS
41448 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Proposed Rules 

enjoyment only.’’ The Order states that 

‘‘the ownership of the club aircraft must 

be vested in the name of the flying club 

or owned by all its members. The 

property rights of the members of the 

club shall be equal; no part of the net 

earnings of the club will benefit any one 

individual in any form, including 

salaries, bonuses, etc. The flying club 

may not derive greater revenue from the 

use of its aircraft than the amount 

needed for the operation, maintenance 

and replacement of its aircraft.’’ The 

Order also notes that ‘‘flying clubs may 

not offer or conduct . . . aircraft rental 

operations. They may conduct aircraft 

flight instruction for regular members 

only, and only members of the flying 

club may operate the aircraft.’’ While 

members may not be monetarily 

compensated, existing policy allows 

flying clubs to allow compensation only 

in the form of credit against payment of 

dues or flight time. 

In addition, the Order states that ‘‘no 

flying club shall permit its aircraft to be 

used for flight instruction for any 

person, including members of the club 

owning the aircraft, when such person 

pays or becomes obligated to pay for 

such instruction. An exception applies 

when the instruction is given by a lessee 

based on the airport who provides flight 

training and the person receiving the 

training is a member of the flying club. 

Flight instructors who are also club 

members may not receive payment for 

instruction except that they may be 

compensated by credit against payment 

of dues or flight time’’ and that ‘‘any 

qualified mechanic who is a registered 

member and part owner of the aircraft 

owned and operated by a flying club 

may perform maintenance work on 

aircraft owned by the club. The flying 

club may not become obligated to pay 

for such maintenance work except that 

such mechanics may be compensated by 

credit against payment of dues or flight 

time.’’ [See FAA Order 5190.6B, 

paragraphs 10.6(a), (b), and (c).] Flying 

clubs are defined in such a way as to 

differentiate from for-profit aeronautical 

businesses offering aeronautical services 

to general public, e.g., FBOs, flight 

schools and aircraft rental providers. 

The owner of any airport (airport 

sponsor) developed with Federal grant 

assistance is required to operate the 

airport for the use and benefit of the 

public and to make it available to all 

types, kinds, and classes of aeronautical 

activity on fair and reasonable terms, 

and without unjust discrimination. This 

includes flying clubs. Assurance 22, 

Economic Nondiscrimination, of the 

prescribed sponsor assurances 

implements the provisions of 49 U.S.C. 

47107(a)(l) through (6), and requires, in 

pertinent part, that the sponsor of a 

federally obligated airport 

‘‘. . . will make its airport available as an 

airport for public use on reasonable terms, 

and without unjust discrimination, to all 

types, kinds, and classes of aeronautical 

activities, including commercial aeronautical 

activities offering services to the public at the 

airport.’’ Assurance 22(a) 

‘‘. . . may establish such fair, equal, and 

not unjustly discriminatory conditions to be 

met by all users of the airport as may be 

necessary for the safe and efficient operation 

of the airport.’’ Assurance 22(h) 

At issue is the fact that some entities 

operating at federally-obligated airports 

identify themselves as ‘‘flying clubs,’’ 

while not meeting the definition of a 

‘‘flying club.’’ Rather, they are engaged 

in providing commercial services at the 

airport. In some instances, these ‘‘flying 

clubs’’ present themselves to the public 

as alternatives to traditional flight 

schools and aircraft rental providers. 

Some publish flight training rates, 

including instruction fees and rental 

rates, and only charge nominal annual 

‘‘club fees.’’ FAA policy reflects the 

concern that some entities claiming to 

be flying clubs are actually commercial 

service providers. These commercial 

service providers use the term ‘‘flying 

club’’ to avoid compliance with airport 

minimum standards for commercials 

service providers. This can result in 

unjust discrimination because legitimate 

service providers at the airport would be 

at an economic disadvantage in 

competition with the flying club, 

contrary to the federal grant assurances, 

specifically Grant Assurance 22, 

Economic Nondiscrimination Therefore, 

if proposed changes to the definition of 

a flying club and the related activities 

must be consistent with Grant 

Assurance 22. 

As part of its effort to promote flying 

clubs, AOPA has recommended 

revisions to FAA guidance. These 

recommendations, designed to promote 

flying clubs, include allowing flight 

instructors and mechanics who are club 

members to receive monetary 

compensation for services conducted for 

other club members or club aircraft. 

Specifically, AOPA proposes the 

following language for consideration in 

FAA flying club policies: 

AOPA Policy Proposal Item 1: 

‘‘No flying club shall permit its aircraft to 

be used for flight instruction for any person, 

including members of the club owning the 

aircraft, when such person pays or becomes 

obligated to pay for such instruction except 

in the following circumstances; (a) The flight 

instruction is provided to a club member by 

a commercial operator authorized by the 

airport sponsor to provide flight instruction 

on field. (b) The flight instruction is provided 

to a club member by a flight instructor who 

is also a club member that is in good standing 

according to the club bylaws. In either case, 

the flight instructor may receive monetary 

compensation; however the flying club is 

prohibited from holding itself out to the 

public as a fixed based operator, a 

specialized aviation service operation, or a 

flight school. In the case of (b) above, the 

Airport Sponsor has the right to limit flight 

instruction for monetary compensation but 

must permit the club to compensate club 

instructors with credit against payment of 

dues or flight time.’’ 

AOPA Policy Proposal Item 2: 

‘‘Any qualified mechanic who is a member 

of the flying club may perform maintenance 

work on aircraft owned or exclusively used 

by the flying club. The flying club may not 

become obligated to pay for such 

maintenance work except that such 

mechanics may be compensated not to 

exceed a reasonable rate for the work 

performed at the discretion of club members. 

The club however may not hold out to the 

public as operating as a fixed base operator, 

a specialized aviation service operation, or 

maintenance facility. The Airport Sponsor 

has the right to limit maintenance work for 

monetary compensation but must permit the 

club to compensate club mechanics with 

credit against payment of dues or flight 

time.’’ 

In brief, AOPA requests that flight 

instructors and mechanics who are club 

members be permitted to receive 

monetary compensation for services 

conducted within the club. AOPA’s 

request also emphasizes that airport 

sponsors must [emphasis added] permit 

the club to compensate club instructors 

and mechanics with credit against 

payment of dues or flight time. 

AOPA-recommended revisions are 

available for review on the FAA 

Airports Web site, as well as in the 

docket locations described under 

Availability of documents in this notice. 

Request for Comments: The FAA 

requests comments on whether AOPA’s 

recommendations can be considered 

consistent with the FAA’s general 

policies regarding commercial 

aeronautical services and flying clubs 

on an airport, and if so, whether the 

stated agency policy on flying clubs 

should be revised to amend its 

definition of flying clubs. In particular, 

the FAA seeks comments from 

commercial service providers that 

engage in flight training and aircraft 

rental, from associations representing 

such service providers, and other 

interested parties. 

Issued in Washington, DC, on July 9, 2015. 

Randall S. Fiertz, 

Director, Office of Airport Compliance and 

Management Analysis. 

[FR Doc. 2015–17324 Filed 7–14–15; 8:45 am] 

BILLING CODE P 


srobinson on DSK5SPTVN1PROD with PROPOSALS