Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53643 

J. Treasury and General Government 

Appropriations Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed today’s notice under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation a final 

rule, and that (1) is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s regulatory 

action is not a significant regulatory 

action under Executive Order 12866 or 

any successor order; would not have a 

significant adverse effect on the supply, 

distribution, or use of energy; and has 

not been designated by the 

Administrator of OIRA as a significant 

energy action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

L. Executive Order 12630 

Pursuant to Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 15, 1988), 

DOE has determined that this rule 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

M. Section 32 of the Federal Energy 

Administration Act of 1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91), the Department of Energy must 

comply with section 32 of the Federal 

Energy Administration Act of 1974 

(Pub. L. 93–275), as amended by the 

Federal Energy Administration 

Authorization Act of 1977 (Pub. L. 95– 

70). (15 U.S.C. 788) Section 32 provides 

that where a proposed rule authorizes or 

requires use of commercial standards, 

the notice of proposed rulemaking must 

inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Department of Justice 

and the Federal Trade Commission 

concerning the impact of the 

commercial or industry standards on 

competition. This final rule to repeal the 

test procedure for determining the 

energy efficiency of television sets does 

not authorize or require the use of any 

commercial standards. Therefore, no 

consultation with either DOJ or FTC is 

required. 

N. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on October 2, 

2009. 

Henry Kelly, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

■ For the reasons stated in the preamble, 

part 430 of chapter II of title 10, Code 

of Federal Regulations, is amended as 

set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for Part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

§ 430.23 [Amended] 

■ 2. Section 430.23 is amended by 

removing and reserving paragraph (h). 

§ 430.24 [Amended] 

■ 3. Section 430.24 is amended by 

removing and reserving paragraph (h). 

Appendix H [Removed and Reserved] 

■ 4. Appendix H to subpart B of part 

430 is removed and reserved. 

[FR Doc. E9–25170 Filed 10–19–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 91, and 141 

[Docket No. FAA–2006–26661; Amendment 

Nos. 61–124A, 91–309A, and 141–12A] 

RIN 2120–AI86 

Pilot, Flight Instructor, and Pilot 

School Certification; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Aviation 

Administration (FAA) is making several 

corrections to its ‘‘Pilot, Flight 

Instructor, and Pilot School 

Certification’’ final rule published in the 

Federal Register on August 21, 2009. 

The FAA corrections include 

standardizing certain part 61 time 

period durations from ‘‘60 days’’ to now 

read ‘‘2 calendar months.’’ We are also 

correcting an omission and errors to the 

prerequisite eligibility requirements for 

use of flight simulators. Additionally, 

we are correcting the duration of a 

student pilot certificate to 60 calendar 

months for a student pilot seeking a 

sport pilot certificate. Finally, we are 

correcting a sentence in the preamble to 

conform with the final rule regarding 

the use of flight training devices. 

DATES: These corrections are effective 

on October 20, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

D. Lynch, Certification and General 

Aviation Operations Branch, AFS–810, 

General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3844; e-mail to 

john.d.lynch@faa.gov. 

For legal interpretative questions 

about this final rule, contact: Michael 

Chase, AGC–240, Office of Chief 

Counsel, Regulations Division, Federal 


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53644 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3110; e-mail to 

michael.chase@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA published a final rule in the 

Federal Register, entitled ‘‘Pilot, Flight 

Instructor, and Pilot School 

Certification’’ on August 21, 2009 (74 

FR 42500). That final rule made 

revisions to the training, qualification, 

certification, and operating rules for 

pilots, flight instructors, ground 

instructors, and pilot schools in part 61, 

part 91, and part 141. The FAA’s 

intention was to update and clarify 

certain training and qualification rules 

for pilots, flight instructors, ground 

instructors, and pilot schools ensuring a 

better understanding of those rules 

relating to aircraft operations in the 

National Airspace System (NAS). 

However, the published final rule 

contained some inadvertent errors that 

we are now correcting. 

In the amendatory instructions to 

§ 61.3, we stated that we were revising 

paragraph (c)(2)(xii). However, 

paragraph (c)(2)(xii) is a new 

subparagraph in § 61.3. We are 

correcting the amendatory instruction to 

state that we are adding the new 

paragraph. 

We revised § 61.39(a)(6)(i) to change 

the time period from ‘‘60 days’’ to read 

‘‘2 calendar months.’’ Since the 

publication of the final rule, the FAA 

has received numerous inquiries about 

this difference where § 61.39(a)(6)(i) 

reads ‘‘2 calendar months’’ and other 

sections reference ‘‘60 days.’’ This 

conforming change should have been in 

the published final rule. For these 

reasons, we are now correcting §§ 61.99, 

61.109, 61.129, and 61.313 to revise the 

references to ‘‘60 days’’ to read ‘‘2 

calendar months.’’ We are also adding 

clarifying language to these sections that 

the flight training must be conducted 

with an authorized instructor, which is 

the intent of § 61.39(a)(6)(1) and the 

definition of ‘‘flight training’’ in § 61.1. 

This correction will parallel §§ 61.99, 

61.109, 61.129, and 61.313 with the new 

§ 61.39(a)(6)(i), as originally intended. 

In the preamble to the final rule, we 

stated: ‘‘The requirement that a 

minimum of a Level 5 flight training 

device be used if a flight training device 

is used for the practical test conforms 

with existing FAA policy.’’ (Id. at 

42522.) This sentence is not correct. The 

sentence should read: ‘‘The requirement 

that a minimum of a Level 5 flight 

training device be used if a flight 

simulator is used for any portion of the 

practical test conforms with existing 

FAA policy.’’ This corrected sentence 

now parallels § 61.64(b)(4), (d)(4), and 

(f)(4). 

In the final rule, we intended to 

consolidate and clarify the uses of flight 

simulators and flight training devices 

from § 61.63(e), (f), and (g) and 

§ 61.157(g), (h), and (i) into a new 

§ 61.64 without substantive changes to 

the uses of or prerequisite eligibility 

requirements to flight simulators and 

flight training devices. However, the 

language used in § 61.64(a)(1)(iii), 

(c)(1)(iii), and (e)(1)(iii) requires the use 

of a qualified and approved Level C 

flight simulator if a flight simulator is 

used for ‘‘any portion of the practical 

test.’’ This change from the previous 

requirement in § 61.63 and § 61.157 was 

not intended. We are correcting 

§ 61.64(a)(1)(iii), (c)(1)(iii), and (e)(1)(iii) 

to require the use of a qualified and 

approved Level C flight simulator if a 

flight simulator is used for the entire 

practical test, as previously required. 

Additionally, when we established 

§ 61.64(a)(2) and § 61.64(a)(3), we 

inadvertently omitted one of the 

prerequisite eligibility requirements 

from old § 61.63(e)(4)(ii)(C) and 

§ 61.157(g)(3)(ii)(C). We are correcting 

§ 61.64(a)(2) and § 61.64(a)(3) to add the 

previously available prerequisite option 

for pilots who have logged ‘‘at least 

2,000 hours of flight time, of which 500 

hours is in turbine-powered airplanes of 

the same class of airplane for which the 

type rating is sought.’’ 

In the final rule, we inadvertently 

omitted the clarifying phrase ‘‘as 

appropriate’’ in § 61.64(a)(4). To prevent 

any confusion as to the intent of the 

rule, we are adding the clarifying phase 

‘‘as appropriate’’ in § 61.64(a)(4). This 

section applies when the applicant does 

not meet the prerequisite eligibility 

requirement for either a turbojet 

airplane or a turbo-propeller type rating. 

We are making a formatting revision 

to the rule text in § 61.64(a)(4)(i), 

(c)(3)(i), and (e)(3)(i) by replacing the 

period at the end of the paragraph and 

replace it with semicolon and adding 

the word ‘‘or’’. We are also modifying 

the text in § 61.64(a)(4)(ii), (c)(3)(ii), and 

(e)(3)(ii). These changes will clarify that 

the rule still provides for partial use of 

the aircraft for performing the preflight 

inspection, normal takeoff, normal 

instrument landing system approach, 

missed approach, and normal landing 

tasks, or the applicant will receive the 

supervised operating experience. 

We are also making a minor 

correction to § 61.19(b)(3). Section 

61.19(b)(3) provides that for student 

pilots seeking a glider or balloon rating 

that the student pilot certificate does not 

expire until 60 calendar months after 

the month of the date issued, regardless 

of the person’s age. Because a sport pilot 

certificate holder is not required to hold 

a medical certificate, we are including 

student pilots seeking a sport pilot 

certificate in this rule. 

We are also making a further 

clarification to § 61.157(f)(2)(ii) and (iii). 

The purpose of this correction is to 

clarify that an Aircrew Program 

Designee or Training Center Evaluator 

may be authorized to conduct 

competency and/or proficiency checks 

required under part 121, part 135, or 

subpart K of part 91. 

Corrections 

In the FR Document E9–19353 that 

appeared in the Federal Register on 

Friday, August 21, 2009, make the 

following corrections: 

A. Correction to the Preamble 

1. On page 42522, third column, fifth 

complete paragraph, revise the first 

sentence to read, ‘‘The requirement that 

a minimum of a Level 5 flight training 

device be used if a flight simulator is 

used for any portion of the practical test 

conforms with existing FAA policy.’’ 

B. Corrections to the Regulatory Text 

§ 61.3 [Corrected] 

■ 1. On page 42546, third column, 

revise amendatory instruction 4 to read 

as follows: 

■ 4. Amend § 61.3 by revising 

paragraphs (a) introductory text, (a)(1), 

(a)(2)(i), (b) introductory text, (b)(1), 

(c)(1), (c)(2)(ii), (c)(2)(iii), (c)(2)(v) 

introductory text, (c)(2)(xi), (f)(1)(i), 

(f)(2)(i), (f)(2)(ii), (g)(1)(i), (g)(2)(i), and 

(g)(2)(ii) and by adding a new paragraph 

(c)(2)(xii) to read as follows: 

■ 2. On page 42547, second column, in 

the amendment to § 61.19, revise 

paragraph (b)(3) to read as follows: 

§ 61.19 Duration of pilot and instructor 

certificates. 

* * * * * 

(b) * * * 

(3) For student pilots seeking a glider 

rating, balloon rating, or a sport pilot 

certificate, the student pilot certificate 

does not expire until 60 calendar 

months after the month of the date 

issued, regardless of the person’s age. 

* * * * * 

■ 3. On page 42553, first and second 

columns, in the amendment to § 61.64; 

■ A. Revise paragraph (a)(1)(iii); 

■ B. Remove the word ‘‘or’’ after the 

semicolon in paragraph (a)(2)(iii); 

■ C. Remove the period after paragraph 

(a)(2)(iv) and add ‘‘; or’’ in its place; 


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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53645 

■ D. Add paragraph (a)(2)(v); 

■ E. Remove the word ‘‘or’’ after the 

semicolon in paragraph (a)(3)(iii); 

■ F. Remove the period after paragraph 

(a)(3)(iv) and add ‘‘; or’’ in its place; 

■ G. Add paragraph (a)(3)(v); 

■ H. Amend paragraph (a)(4) 

introductory text by adding the phase 

‘‘as appropriate’’ after the phrase ‘‘of 

this section’’; 

■ I. Remove the period after paragraph 

(a)(4)(i) and add ‘‘; or’’ in its place; 

■ J. Revise paragraph (a)(4)(ii); 

■ K. Remove the period after paragraph 

(c)(3)(i) and add ‘‘; or’’ in its place; 

■ L. Revise paragraph (c)(3)(ii); 

■ M. Remove the period after paragraph 

(e)(3)(i) and add ‘‘; or’’ in its place; 

■ N. Revise paragraph (e)(3)(ii); 

■ O. Revise paragraph (c)(1)(iii); and 

■ P. Revise paragraph (e)(1)(iii). 

The corrections read as follows: 

§ 61.64 Use of a flight simulator and flight 

training device. 

(a) * * * 

(1) * * * 

(iii) At a minimum, must be qualified 

and approved as a Level C flight 

simulator if the applicant performs the 

entire practical test in a flight simulator; 

and 

* * * * * 

(2) * * * 

(v) Have logged at least 2,000 hours of 

flight time, of which 500 hours were in 

turbine-powered airplanes of the same 

class of airplane for which the type 

rating is sought. 

(3) * * * 

(v) Have logged at least 2,000 hours of 

flight time, of which 500 hours were in 

turbine-powered airplanes of the same 

class of airplane for which the type 

rating is sought. 

(4) * * * 

(ii) The applicant’s pilot certificate 

will be issued with a limitation that 

states: 

‘‘The [name the category, class, and 

type of airplane rating (if a type rating 

is applicable)] is subject to additional 

pilot in command limitations,’’ and the 

applicant is restricted from serving as 

pilot in command in that category, class, 

and type of airplane rating (if a type 

rating is applicable). 

* * * * * 

(c) * * * 

(1) * * * 

(iii) At a minimum, must be qualified 

and approved as a Level C flight 

simulator if the applicant performs the 

entire practical test in a flight simulator; 

and 

* * * * * 

(3) * * * 

(ii) The applicant’s pilot certificate 

will be issued with a limitation that 

states: ‘‘The [name the helicopter class 

and type of helicopter rating (if a type 

rating is applicable)] is subject to 

additional pilot in command 

limitations,’’ and the applicant is 

restricted from serving as pilot in 

command in that helicopter class and 

type of helicopter rating (if a type rating 

is applicable). 

* * * * * 

(e) * * * 

(1) * * * 

(iii) At a minimum, must be qualified 

and approved as a Level C flight 

simulator if the applicant performs the 

entire practical test in a flight simulator; 

and 

* * * * * 

(3) * * * 

(ii) The applicant’s pilot certificate 

will be issued with a limitation that 

states: ‘‘The [name of the category and 

powered-lift rating (if a type rating is 

applicable)] is subject to additional pilot 

in command limitations,’’ and the 

applicant is restricted from serving as 

pilot in command in that category and 

type of powered-lift rating (if a type 

rating is applicable). 

* * * * * 

■ 4. On page 42558, first column, add 

new instruction 29a with an amendment 

to § 61.99 to read as follows: 

■ 29a. Amend § 61.99 by revising 

paragraph (a)(2) to read as follows: 

§ 61.99 Aeronautical experience. 

(a) * * * 

(2) Three hours of flight training with 

an authorized instructor in the aircraft 

for the rating sought in preparation for 

the practical test within the preceding 2 

calendar months from the month of the 

test. 

* * * * * 

■ 5. On page 42558, second column, 

revise amendatory instruction 32 and its 

amendments to § 61.109 to read as 

follows: 

■ 32. Amend § 61.109 by revising 

paragraphs (a)(4), (a)(5)(ii), (b)(4), 

(b)(5)(ii), (c)(3), (c)(4)(ii), (d)(3), 

(d)(4)(ii), (e)(4), (e)(5)(ii), (f)(1)(i), 

(f)(2)(ii), (g)(3), (h)(1)(i), (h)(2)(i), (i)(3), 

and (j)(3) to read as follows: 

§ 61.109 Aeronautical experience. 

(a) * * * 

(4) 3 hours of flight training with an 

authorized instructor in a single-engine 

airplane in preparation for the practical 

test, which must have been performed 

within the preceding 2 calendar months 

from the month of the test; and 

(5) * * * 

(ii) One solo cross country flight of 

150 nautical miles total distance, with 

full-stop landings at three points, and 

one segment of the flight consisting of 

a straight-line distance of more than 50 

nautical miles between the takeoff and 

landing locations; and 

* * * * * 

(b) * * * 

(4) 3 hours of flight training with an 

authorized instructor in a multiengine 

airplane in preparation for the practical 

test, which must have been performed 

within the preceding 2 calendar months 

from the month of the test; and 

(5) * * * 

(ii) One solo cross country flight of 

150 nautical miles total distance, with 

full-stop landings at three points, and 

one segment of the flight consisting of 

a straight-line distance of more than 50 

nautical miles between the takeoff and 

landing locations; and 

* * * * * 

(c) * * * 

(3) 3 hours of flight training with an 

authorized instructor in a helicopter in 

preparation for the practical test, which 

must have been performed within the 

preceding 2 calendar months from the 

month of the test; and 

(4) * * * 

(ii) One solo cross country flight of 

100 nautical miles total distance, with 

landings at three points, and one 

segment of the flight being a straightline distance of more than 25 nautical 

miles between the takeoff and landing 

locations; and 

* * * * * 

(d) * * * 

(3) 3 hours of flight training with an 

authorized instructor in a gyroplane in 

preparation for the practical test, which 

must have been performed within the 

preceding 2 calendar months from the 

month of the test; and 

(4) * * * 

(ii) One solo cross country flight of 

100 nautical miles total distance, with 

landings at three points, and one 

segment of the flight being a straightline distance of more than 25 nautical 

miles between the takeoff and landing 

locations; and 

* * * * * 

(e) * * * 

(4) 3 hours of flight training with an 

authorized instructor in a powered-lift 

in preparation for the practical test, 

which must have been performed 

within the preceding 2 calendar months 

from the month of the test; and 

(5) * * * 

(ii) One solo cross country flight of 

150 nautical miles total distance, with 

full-stop landings at three points, and 

one segment of the flight consisting of 

a straight-line distance of more than 50 

nautical miles between the takeoff and 

landing locations; and 

* * * * * 


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(f) * * * 

(1) * * * 

(i) 20 flights in a glider in the areas 

of operations listed in § 61.107(b)(6) of 

this part, including at least 3 training 

flights with an authorized instructor in 

a glider in preparation for the practical 

test that must have been performed 

within the preceding 2 calendar months 

from the month of the test; and 

* * * * * 

(2) * * * 

(ii) 3 training flights with an 

authorized instructor in a glider in 

preparation for the practical test that 

must have been performed within the 

preceding 2 calendar months from the 

month of the test. 

(g) * * * 

(3) Three hours of flight training with 

an authorized instructor in an airship in 

preparation for the practical test within 

the preceding 2 calendar months from 

the month of the test; and 

* * * * * 

(h) * * * 

(1) * * * 

(i) At least one training flight with an 

authorized instructor in a gas balloon in 

preparation for the practical test within 

the preceding 2 calendar months from 

the month of the test; 

* * * * * 

(2) * * * 

(i) At least two training flights of 1 

hour each with an authorized instructor 

in a balloon with an airborne heater in 

preparation for the practical test within 

the preceding 2 calendar months from 

the month of the test; 

* * * * * 

(i) * * * 

(3) Three hours of flight training with 

an authorized instructor in a powered 

parachute in preparation for the 

practical test, which must have been 

performed within the preceding 2 

calendar months from the month of the 

test; and 

* * * * * 

(j) * * * 

(3) Three hours of flight training with 

an authorized instructor in a weightshift-control aircraft in preparation for 

the practical test, which must have been 

performed within the preceding 2 

calendar months from the month of the 

test; and 

* * * * * 

■ 6. On page 42558, third column, 

revise amendatory instruction 34 and its 

amendments to § 61.129 to read as 

follows: 

■ 34. Amend § 61.129 by revising 

paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(iv), 

(a)(3)(v), (a)(4) introductory text, 

(b)(3)(i), (b)(3)(iii), (b)(3)(iv), (b)(3)(v), 

(c)(3)(i) through (iv), (c)(4) introductory 

text, (d)(3)(i) through (iv), (d)(4) 

introductory text, (e)(3)(i) through (iv), 

(e)(4) introductory text, (f)(1)(i), (f)(2)(i), 

(g)(2) introductory text, (g)(3), (g)(4)(i) 

through (iii), (h)(4)(i)(A), (h)(4)(ii)(A), 

and (i)(3) to read as follows: 

§ 61.129 Aeronautical experience. 

(a) * * * 

(3) * * * 

(i) Ten hours of instrument training 

using a view-limiting device including 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems. Five hours of the 

10 hours required on instrument 

training must be in a single engine 

airplane; 

* * * * * 

(iii) One 2-hour cross country flight in 

a single engine airplane in daytime 

conditions that consists of a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; 

(iv) One 2-hour cross country flight in 

a single engine airplane in nighttime 

conditions that consists of a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; and 

(v) Three hours in a single-engine 

airplane with an authorized instructor 

in preparation for the practical test 

within the preceding 2 calendar months 

from the month of the test. 

(4) Ten hours of solo flight time in a 

single engine airplane or 10 hours of 

flight time performing the duties of pilot 

in command in a single engine airplane 

with an authorized instructor on board 

(either of which may be credited 

towards the flight time requirement 

under paragraph (a)(2) of this section), 

on the areas of operation listed under 

§ 61.127(b)(1) that include— 

* * * * * 

(b) * * * 

(3) * * * 

(i) Ten hours of instrument training 

using a view-limiting device including 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems. Five hours of the 

10 hours required on instrument 

training must be in a multiengine 

airplane; 

* * * * * 

(iii) One 2-hour cross country flight in 

a multiengine airplane in daytime 

conditions that consists of a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; 

(iv) One 2-hour cross country flight in 

a multiengine airplane in nighttime 

conditions that consists of a total 

straight-line distance of more than 100 

nautical miles from the original point of 

departure; and 

(v) Three hours in a multiengine 

airplane with an authorized instructor 

in preparation for the practical test 

within the preceding 2 calendar months 

from the month of the test. 

(c) * * * 

(3) * * * 

(i) Five hours on the control and 

maneuvering of a helicopter solely by 

reference to instruments using a viewlimiting device including attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, 

and intercepting and tracking 

navigational systems. This aeronautical 

experience may be performed in an 

aircraft, flight simulator, flight training 

device, or an aviation training device; 

(ii) One 2-hour cross country flight in 

a helicopter in daytime conditions that 

consists of a total straight-line distance 

of more than 50 nautical miles from the 

original point of departure; 

(iii) One 2-hour cross country flight in 

a helicopter in nighttime conditions that 

consists of a total straight-line distance 

of more than 50 nautical miles from the 

original point of departure; and 

(iv) Three hours in a helicopter with 

an authorized instructor in preparation 

for the practical test within the 

preceding 2 calendar months from the 

month of the test. 

(4) Ten hours of solo flight time in a 

helicopter or 10 hours of flight time 

performing the duties of pilot in 

command in a helicopter with an 

authorized instructor on board (either of 

which may be credited towards the 

flight time requirement under paragraph 

(c)(2) of this section), on the areas of 

operation listed under § 61.127(b)(3) 

that includes— 

* * * * * 

(d) * * * 

(3) * * * 

(i) 2.5 hours on the control and 

maneuvering of a gyroplane solely by 

reference to instruments using a viewlimiting device including attitude 

instrument flying, partial panel skills, 

recovery from unusual flight attitudes, 

and intercepting and tracking 

navigational systems. This aeronautical 

experience may be performed in an 

aircraft, flight simulator, flight training 

device, or an aviation training device; 

(ii) One 2-hour cross country flight in 

a gyroplane in daytime conditions that 

consists of a total straight-line distance 

of more than 50 nautical miles from the 

original point of departure; 

(iii) Two hours of flight training 

during nighttime conditions in a 


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Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53647 

gyroplane at an airport, that includes 10 

takeoffs and 10 landings to a full stop 

(with each landing involving a flight in 

the traffic pattern); and 

(iv) Three hours in a gyroplane with 

an authorized instructor in preparation 

for the practical test within the 

preceding 2 calendar months from the 

month of the test. 

(4) Ten hours of solo flight time in a 

gyroplane or 10 hours of flight time 

performing the duties of pilot in 

command in a gyroplane with an 

authorized instructor on board (either of 

which may be credited towards the 

flight time requirement under paragraph 

(d)(2) of this section), on the areas of 

operation listed in § 61.127(b)(4) that 

includes— 

* * * * * 

(e) * * * 

(3) * * * 

(i) Ten hours of instrument training 

using a view-limiting device including 

attitude instrument flying, partial panel 

skills, recovery from unusual flight 

attitudes, and intercepting and tracking 

navigational systems. Five hours of the 

10 hours required on instrument 

training must be in a powered-lift; 

(ii) One 2-hour cross country flight in 

a powered-lift in daytime conditions 

that consists of a total straight-line 

distance of more than 100 nautical miles 

from the original point of departure; 

(iii) One 2-hour cross country flight in 

a powered-lift in nighttime conditions 

that consists of a total straight-line 

distance of more than 100 nautical miles 

from the original point of departure; and 

(iv) 3 hours in a powered-lift with an 

authorized instructor in preparation for 

the practical test within the preceding 2 

calendar months from the month of the 

test. 

(4) Ten hours of solo flight time in a 

powered-lift or 10 hours of flight time 

performing the duties of pilot in 

command in a powered-lift with an 

authorized instructor on board (either of 

which may be credited towards the 

flight time requirement under paragraph 

(e)(2) of this section, on the areas of 

operation listed in § 61.127(b)(5) that 

includes— 

* * * * * 

(f) * * * 

(1) * * * 

(i) Three hours of flight training in a 

glider with an authorized instructor or 

10 training flights in a glider with an 

authorized instructor on the areas of 

operation listed in § 61.127(b)(6) of this 

part, including at least 3 training flights 

in a glider with an authorized instructor 

in preparation for the practical test 

within the preceding 2 calendar months 

from the month of the test; and 

* * * * * 

(2) * * * 

(i) Three hours of flight training in a 

glider or 10 training flights in a glider 

with an authorized instructor on the 

areas of operation listed in 

§ 61.127(b)(6) of this part including at 

least 3 training flights in a glider with 

an authorized instructor in preparation 

for the practical test within the 

preceding 2 calendar months from the 

month of the test; and 

* * * * * 

(g) * * * 

(2) Thirty hours of pilot in command 

flight time in airships or performing the 

duties of pilot in command in an airship 

with an authorized instructor aboard, 

which consists of— 

* * * * * 

(3) Forty hours of instrument time to 

include— 

(i) Instrument training using a viewlimiting device for attitude instrument 

flying, partial panel skills, recovery 

from unusual flight attitudes, and 

intercepting and tracking navigational 

systems; and 

(ii) Twenty hours of instrument flight 

time, of which 10 hours must be in 

flight in airships. 

(4) * * * 

(i) Three hours in an airship with an 

authorized instructor in preparation for 

the practical test within the preceding 2 

calendar months from the month of the 

test; 

(ii) One hour cross country flight in 

an airship in daytime conditions that 

consists of a total straight-line distance 

of more than 25 nautical miles from the 

point of departure; and 

(iii) One hour cross country flight in 

an airship in nighttime conditions that 

consists of a total straight-line distance 

of more than 25 nautical miles from the 

point of departure. 

* * * * * 

(h) * * * 

(4) * * * 

(i) * * * 

(A) Two training flights of 2 hours 

each in a gas balloon with an authorized 

instructor in preparation for the 

practical test within the preceding 2 

calendar months from the month of the 

test; 

* * * * * 

(ii) * * * 

(A) Two training flights of 1 hour each 

in a balloon with an airborne heater 

with an authorized instructor in 

preparation for the practical test within 

the preceding 2 calendar months from 

the month of the test; 

* * * * * 

(i) * * * 

(3) Except when fewer hours are 

approved by the FAA, an applicant for 

the commercial pilot certificate with the 

airplane or powered-lift rating who has 

completed 190 hours of aeronautical 

experience is considered to have met 

the total aeronautical experience 

requirements of this section, provided 

the applicant satisfactorily completed 

an approved commercial pilot course 

under part 142 of this chapter and the 

approved course was appropriate to the 

commercial pilot certificate and aircraft 

rating sought. 

■ 7. On page 42560, third column, in the 

amendment to § 61.157, revise 

paragraphs (f)(2)(ii) and (iii) to read as 

follows: 

§ 61.157 Flight proficiency. 

* * * * * 

(f) * * * 

(2) * * * 

(ii) An Aircrew Program Designee 

who is authorized to perform 

proficiency and/or competency checks 

for the air carrier whose approved 

training program has been satisfactorily 

completed by the pilot applicant. 

(iii) A Training Center Evaluator with 

appropriate certification authority who 

is also authorized to perform the 

portions of the competency and/or 

proficiency checks required by 

paragraph (f)(1) of this section for the air 

carrier whose approved training 

program has been satisfactorily 

completed by the pilot applicant. 

* * * * * 

■ 8. On page 42562, third column, add 

new instruction 48a with an amendment 

to § 61.313 to read as follows: 

■ 48a. Amend § 61.313 by revising 

paragraphs (a)(1)(iv), (b)(1)(ii), (c)(1)(ii), 

(d)(1)(iv), (e)(1)(iv), (f)(1)(ii), (g)(1)(v), 

and (h)(1)(iv) to read as follows: 

§ 61.313 What aeronautical experience 

must I have to apply for a sport pilot 

certificate? 

* * * * * 


cprice-sewell on DSKGBLS3C1PROD with RULES
53648 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

If you are applying for a sport pilot 

certificate with * * * Then you must log at least * * * Which must include at least * * * 

(a) * * * ........................................... (1) * * * ......................................... (iv) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311 in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

(b) * * * ........................................... (1) * * * ......................................... (ii) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311 in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

(c) * * * ........................................... (1) * * * ......................................... (ii) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311, in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

(d) * * * ........................................... (1) * * * ......................................... (iv) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311 in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

(e) * * * ........................................... (1) * * * ......................................... (iv) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311 in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

(f) * * * ............................................ (1) * * * ......................................... (ii) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311 in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

(g) * * * ........................................... (1) * * * ......................................... (v) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311 in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

(h) * * * ........................................... (1) * * * ......................................... (iv) 3 hours of flight training with an authorized instructor on those 

areas of operation specified in § 61.311 in preparation for the practical test within the preceding 2 calendar months from the month of 

the test. 

Issued in Washington, DC, on October 15, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–25133 Filed 10–19–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0311; Airspace 

Docket No. 09–ANM–3] 

RIN 2120–AA66 

Establishment of VOR Federal Airway 

V–626; UT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes VOR 

Federal Airway 626 (V–626) located 

between the Myton, UT, Very High 

Frequency Omnidirectional Range/ 

Tactical Air Navigation (VORTAC) and 

the Salt Lake City terminal area. This 

route will improve aircraft flow during 

busy traffic periods into the Salt Lake 

City terminal area, and provide a more 

precise means of navigation and reduce 

controller workload. 

DATES: Effective Dates: 0901 UTC, 

December 17, 2009. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On May 4, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish a Federal Airway in Utah (74 

FR 20443). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on this proposal to the FAA. No 

comments were received in response to 

this request. Currently the navigational 

signal on the proposed 267 degree radial 

is not sufficient to support the segment 

of the airway. Due to the weak 

navigational signal coverage on the 267 

degree radial, the FAA revised the radial 

from the 267 degree radial to the 264 

degree radial respectively. 

The Rule 

The FAA is amending Title 14 Code 

of Federal Regulations (14 CFR) part 71 

to establish VOR Federal Airway 626 

(V–626) from the Myton, UT, VORTAC, 

to the Salt Lake City terminal area. This 

new route will provide a more precise 

means of navigation and reduce 

controller workload. 

Domestic VOR Federal Airways are 

published in paragraph 6010(a) of FAA 

Order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The domestic VOR Federal Airway 

listed in this document will be 

published subsequently in that Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 


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