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Code · REGISTER · 2007-02-07 · Securities and Exchange Commission (“Commission”) · Notices

Notices. Notice of an application to amend a prior order under section 6(c) of the Investment Company Act of 1940 (“Act”) to grant exemptions from sections 2(a)(32), 5(a)(1), 22(d), 22(e), and 24(d) of the Act and rule 22c-1 under the Act, under section 12(d)(1)(J) of the Act for an exemption from sections 12(d)(1)(A) and (B) of the Act, and under sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1) and (a)(2) of the Act

127,525 words·~580 min read·/register/2007/02/07/07-470

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BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27694; 812-13339] Van Eck Associates Corporation, et al.; Notice of Application January 31, 2007. AGENCY: Securities and Exchange Commission (“Commission”). ACTION: Notice of an application to amend a prior order under section 6(c) of the Investment Company Act of 1940 (“Act”) to grant exemptions from sections 2(a)(32), 5(a)(1), 22(d), 22(e), and 24(d) of the Act and rule 22c-1 under the Act, under section 12(d)(1)(J) of the Act for an exemption from sections 12(d)(1)(A) and
(B)of the Act, and under sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1) and (a)(2) of the Act. Summary of Application: Applicants request an order to amend a prior order that permits:
(a)Open-end management investment companies that include series based on certain domestic equity securities indices to issue shares (“Shares”) that can be redeemed only in large aggregations (“Creation Units”);
(b)secondary market transactions in Shares to occur at negotiated prices;
(c)dealers to sell Shares to purchasers in the secondary market unaccompanied by a prospectus when prospectus delivery is not required by the Securities Act of 1933 (“Securities Act”);
(d)certain affiliated persons of the series to deposit securities into, and receive securities from, the series in connection with the purchase and redemption of Creation Units; and
(e)certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the series to acquire Shares (“Prior Order”). 1 Applicants seek to amend the Prior Order in order to offer two new series (each series, an “Additional Fund,” and together, the “Additional Funds”) and future series (“Future Foreign Funds,” and together with the Additional Funds, the “Foreign Funds”) based on foreign equity securities indices. In addition, the order would delete a condition related to future relief in the Prior Order. 1 *Van Eck Associates Corporation, et al.,* Investment Company Act Release Nos. 27283 (April 7, 2006) (notice) and 27311 (May 2, 2006) (order). Applicants: Van Eck Associates Corporation (“Adviser”), Market Vectors ETF Trust (“Trust”), and Van Eck Securities Corporation (“Distributor”). Filing Dates: The application was filed on November 1, 2006, and amended on January 25, 2007. Hearing or Notification of Hearing: An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on February 26, 2007, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons may request notification of a hearing by writing to the Commission's Secretary. ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. Applicants, 99 Park Avenue, 8th Floor, New York, NY 10016. FOR FURTHER INFORMATION CONTACT: Christine Y. Greenlees, Senior Counsel, at
(202)551-6879, or Mary Kay Frech, Branch Chief, at
(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained for a fee at the Commission's Public Reference Branch, 100 F Street NE., Washington DC 20549-0102 (tel. 202-551-5850). Applicants' Representations 1. The Trust is an open-end management investment company registered under the Act and organized as a Delaware statutory trust. The Trust is organized as a series fund with multiple series. The Adviser, an investment adviser registered under the Investment Advisers Act of 1940 (“Advisers Act”), will serve as investment adviser to each Foreign Fund. In the future, the Adviser may enter into sub-advisory agreements with other investment advisers to act as “sub-advisers” with respect to particular Foreign Funds. Any sub-adviser will be registered under the Advisers Act. The Distributor, a broker-dealer registered under the Securities Exchange Act of 1934 (the “Exchange Act”), is expected to serve as the principal underwriter and distributor of each Foreign Fund's Creation Units. 2. The Trust is currently permitted to offer several series based on domestic equity securities indices in reliance on the Prior Order (“Funds”). Applicants seek to amend the Prior Order to permit the Trust to offer the two Additional Funds and Future Foreign Funds, each of which, except as described in the application, would operate in a manner identical to the Funds. 3. The Additional Funds will invest in portfolios of securities consisting predominantly of the component securities of the Ardour Global Alternative Energy Index (Extra Liquid) and the Ardour Global Alternative Energy Index (Composite) (each, an “Underlying Index” and together, the “Underlying Indexes”). The Underlying Indexes are rules based, capitalization weighted, float adjusted indices that include companies principally engaged in at least one of the following five industry segments: Alternative energy resources, distributed generation, environmental technologies, energy efficiency and/or enabling technologies. Currently, the Ardour Global Alternative Energy Index (Composite) is comprised of over 200 individual stocks that are traded on a North American, European or Asian stock exchange. The Ardour Global Alternative Energy Index (Extra Liquid) is comprised of thirty stocks that are selected from the Ardour Global Alternative Energy Index (Composite) that have achieved the highest average daily trading volumes for the prior three months. No entity that creates, compiles, sponsors, or maintains an Underlying Index is or will be an affiliated person, as defined in section 2(a)(3) of the Act, or an affiliated person of an affiliated person, of the Trust, the Adviser, the Distributor, promoter, or any sub-adviser to a Foreign Fund. 4. Applicants state that all discussions contained in the application for the Prior Order are equally applicable to the Foreign Funds, except as specifically noted by applicants (as summarized in this notice). Applicants assert that the Foreign Funds will operate in a manner substantially similar to the existing Funds and will comply with all of the terms, provisions and conditions of the Prior Order, as amended by the present application. Applicants believe that the requested relief continues to meet the necessary exemptive standards. Section 22(e) of the Act 5. Applicants also seek to amend the Prior Order to add relief from section 22(e) of the Act. Section 22(e) generally prohibits a registered investment company from suspending the right of redemption or postponing the date of payment of redemption proceeds for more than seven days after the tender of a security for redemption. The principal reason for the requested exemption is that settlement of redemptions for the Foreign Funds is contingent not only on the settlement cycle of the United States market, but also on currently practicable delivery cycles in local markets for underlying foreign securities held by the Foreign Funds. Applicants state that local market delivery cycles for transferring certain foreign securities to investors redeeming Creation Units, together with local market holiday schedules, will under certain circumstances require a delivery process in excess of seven calendar days for the Foreign Funds. Applicants request relief under section 6(c) from section 22(e) in such circumstances to allow the Foreign Funds to pay redemption proceeds up to 12 calendar days after the tender of a Creation Unit for redemption. At all other times and except as disclosed in the relevant prospectus and/or statement of additional information (“SAI”), applicants expect that each Foreign Fund will be able to deliver redemption proceeds within seven days. 2 With respect to Future Foreign Funds, applicants seek the same relief from section 22(e) only to the extent that circumstances similar to those described in the application exist. 2 Rule 15c6-1 under the Exchange Act requires that most securities transactions be settled within three business days of the trade. Applicants acknowledge that no relief obtained from the requirements of section 22(e) will affect any obligations applicants may have under rule 15c6-1. 6. Applicants state that section 22(e) was designed to prevent unreasonable, undisclosed and unforeseen delays in the payment of redemption proceeds. Applicants assert that the requested relief will not lead to the problems that section 22(e) was designed to prevent. Applicants state that the SAI will disclose those local holidays (over the period of at least one year following the date of the SAI), if any, that are expected to prevent the delivery of redemption proceeds in seven calendar days, and the maximum number of days needed to deliver the proceeds for the relevant Foreign Fund. Future Relief 7. Applicants also seek to amend the Prior Order to modify the terms under which the Trust may offer additional series in the future based on other equity securities indices (“Future Funds”). The Prior Order is currently subject to a condition that does not permit relief for Future Funds unless applicants request and receive with respect to such Future Fund, either exemptive relief from the Commission or a no-action letter from the Division of Investment Management of the Commission, or the Future Fund could be listed on a national securities exchange (“Exchange”) without the need for a filing pursuant to rule 19b-4 under the Exchange Act. 8. The order would amend the Prior Order to delete this condition. Any Future Funds will:
(a)Be advised by the Adviser or an entity controlled by or under common control with the Adviser;
(b)track underlying equity securities indices that are created, compiled, sponsored or maintained by an entity that is not an affiliated person, as defined in section 2(a)(3) of the Act, or an affiliated person of an affiliated person, of the Adviser, the Distributor, the Trust or any subadviser or promoter of a Future Fund; and
(c)comply with the respective terms and conditions of the Prior Order, as amended by the present application. 9. Applicants believe that the modification of the future relief available under the Prior Order would be consistent with sections 6(c) and 17(b) of the Act and that granting the requested relief will facilitate the timely creation of Future Funds and the commencement of secondary market trading of such Future Funds by removing the need to seek additional exemptive relief. Applicants submit that the terms and conditions of the Prior Order have been appropriate for the existing Funds and would remain appropriate for Future Funds. Applicants also submit that tying exemptive relief under the Act to the ability of a Future Fund to be listed on an Exchange without the need for a rule 19b-4 filing under the Exchange Act is not necessary to meet the standards under sections 6(c) and 17(b) of the Act. Applicants' Condition Applicants agree that any amended order granting the requested relief will be subject to the same conditions as those imposed by the Prior Order, except for condition 1 to the Prior Order, which will be deleted. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1939 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55182; File No. SR-Amex-2006-19] Self-Regulatory Organizations; American Stock Exchange LLC; Order Approving Proposed Rule Change and Amendment Nos. 1, 2, and 3 Thereto Relating to the Listing and Trading of Options on the Nuveen Municipal Fund Index January 26, 2007. I. Introduction On February 17, 2006, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to list and trade options on the Price-Return Nuveen Municipal Closed-End Fund Index (“NMUNP”) (“the Nuveen Municipal Fund Index” or “Index”). On July 12, 2006, the Exchange filed Amendment No. 1 to the proposed rule change. On September 19, 2006, the Exchange filed Amendment No. 2 to the proposed rule change. On November 13, 2006, the Exchange filed Amendment No. 3 to the proposed rule change. The proposed rule change was published for comment in the **Federal Register** on December 6, 2006. 3 The Commission received no comments regarding the proposal. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 54813 (November 22, 2006), 71 FR 70801. II. Description of the Proposal The Exchange seeks to list and trade cash-settled, European-style index options on the Price-Return Nuveen Municipal Fund Index. Options on the Index will be the first index options based on an index of closed-end funds, and are intended for the use of investors desiring to achieve exposure to a broad section of the national tax-free municipal closed-end fund market, as well as a hedging vehicle for those investors holding such closed-end funds. The Index is a capitalization-weighted index based entirely on the shares of Closed-End Funds listed on either the Amex, New York Stock Exchange, Inc. (the “NYSE”) or the Nasdaq Stock Market, Inc. (“Nasdaq”) that are exempt from federal income tax through investment in bonds issued by state and local governments and agencies. Each component is a NMS stock as defined in Rule 600 under the Securities Exchange Act of 1934 (the “1934 Act”). Currently, the Index is comprised of the shares of Closed-End Funds that are listed on the Amex or NYSE. A. Index Design and Composition The Nuveen Municipal Fund Index is designed to be a broad representation of the U.S. municipal fund market. This Index is capitalization-weighted and includes only those Closed-End Funds domiciled in the U.S. and its territories and that are traded on the Amex, NYSE, or Nasdaq. The component Closed-End Funds are weighted by their market capitalization, which is calculated by multiplying the primary market price by the outstanding shares. Each of the component Closed-End Funds are required to have a minimum market capitalization of at least $100 million and an average monthly trading volume over the prior six
(6)months of at least 500,000 shares. In addition, for newly listed Closed-End Funds to be an index component, at least one
(1)dividend payment with an ex-date prior to inclusion in the Index is required. The Index is calculated based on a market capitalization weighting methodology. In a market capitalization index, components are weighted based on total market value of the outstanding shares, *i.e.* , share price times the number of shares outstanding. The Exchange states that this type of index typically fluctuates in line with the price moves of the components. After the initial weighting of the Index, the weights are updated in conjunction with scheduled quarterly adjustments. As of January 31, 2006, the Closed-End Funds comprising the Nuveen Municipal Fund Index had an average market capitalization of $414 million, ranging from a high of $1.9 billion (Nuveen Municipal Value Fund Inc. (NUV)) to a low of $101 million (MBIA Capital/Claymore Managed Duration Investment Grade Municipal Fund (MZF)). The number of available shares outstanding ranged from a high of 194.9 million
(NUV)to a low of 7.9 million (MZF), and averaged 31.9 million shares. The six-month average daily trading volume for Index components was 45,000 shares per day, ranging from a high of 159,100 shares per day
(NUV)to a low of 13,100 shares per day (Morgan Stanley Quality Municipal Securities (IQM)). B. Index Calculation and Maintenance The value of the Index will be calculated by the Amex on behalf of Nuveen and will be disseminated at 15-second intervals during regular Amex trading hours to market information vendors via the Consolidated Tape Association (“CTA”) or by other major market data vendors (from another Amex market data feed). The Amex is responsible for making all necessary adjustments to the Index to reflect component deletions, share changes, stock splits, stock dividends (other than an ordinary cash dividend), and stock price adjustments due to restructuring, mergers, or spin-offs involving the underlying components. In the event of component or share weight changes to the Index portfolio, the payment of dividends other than ordinary cash dividends, spin-offs, rights offerings, re-capitalization, or other corporate actions affecting a component of the Index, the index divisor may be adjusted to ensure that such corporate actions do not affect the Index level. The Exchange states that the methodology used to calculate the value of the Nuveen Municipal Fund Index is similar to the methodology used to calculate the value of other well-known market-capitalization weighted indexes. The level of the Index reflects the total market value of the component Closed-End Funds relative to a particular base period and is computed by dividing the total market value of the Closed-End Funds in the Index by the index divisor. The divisor is adjusted periodically to maintain consistent measurement of the Index. The Index is reviewed each December, March, June, and September to ensure that at least 90% of the Index weight is accounted for by components that continue to represent the universe of Closed-End Funds that meet the Index methodology maintenance requirements. To remain in the Index, components must maintain a market capitalization of at least $75 million and have a six
(6)month average monthly trading volume over 250,000 shares. Changes to Index components and/or the component share weights typically take effect after the close of trading on the third Friday of each calendar quarter month in connection with quarterly rebalancing. The Amex and Nuveen, 4 by mutual agreement, may change the number of issues comprising the Index by adding or deleting one or more components contained in the Index with one or more substitute Closed-End Funds. 4 The Commission notes that Nuveen, because it selects the components for the Index, has represented to Amex that it prohibits individuals at Nuveen who will be privy to information about future changes to the Nuveen Municipal Fund Index rules or constituent stocks from trading on that information, for their own benefit or for the benefit of Nuveen's clients. Additionally, Nuveen has represented that it has firewalls around the personnel who have access to information concerning changes and adjustments to the Index. Telephone conversation between Jeffrey P. Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division of Market Regulation (“Division”), Commission on November 17, 2006. C. Continued Listing Standards The Exchange will apply the following maintenance standards for continued listing:
(i)The number of securities in the Index may not drop by one-third or more from the number of components in the Index at the time of initial listing; 5
(ii)no more than 10% or more of the weight of the Index is represented by component securities having a market value of less than $75 million;
(iii)no more than 10% of the weight of the Index is represented by component securities trading less than 15,000 shares per day;
(iv)the largest component security in the Index accounts for no more than 15% of the weight of the Index, or the largest five components in the aggregate account for more than 50% of the weight of the Index on the first day of January and July each year; or
(v)the component securities will be listed and traded on the Amex, the NYSE, or NASDAQ. 6 5 The Exchange states that the Index currently has 86 components, and therefore, may not be comprised of less than 57 components. This representation replaces any prior representation to the effect that the Index could be comprised of no less than 10 components. Telephone conversation between Jeffrey P. Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division, Commission on November 17, 2006. 6 These maintenance standards are adapted from Commentary .03 of Amex Rule 901C to address the unique characteristics of the closed-end fund Index components, which may not always satisfy Commentary .03(4) of Amex Rule 901C. Telephone conversation between Jeffrey P. Burns, Associate General Counsel, Amex, and Florence Harmon, Senior Special Counsel, Division, Commission on November 23, 2006. If the Index ceases to be maintained or calculated, or its values are not disseminated at least every 15 seconds by the Amex over the CTA (or another major market data vendor) or the above Index maintenance standards are not satisfied, the Exchange would not list any additional series for trading and would limit all transactions in options on the Index to closing transactions only for the purpose of maintaining a fair and orderly market and protecting investors. D. Contract Specifications Options on the Nuveen Municipal Fund Index will expire on the Saturday following the third Friday of the expiration month. Trading in options on the Index will normally cease at 4:15 p.m. Eastern time (“ET”) on the Thursday preceding an expiration Saturday. The exercise settlement value at expiration of each Nuveen Municipal Fund Index option will be calculated by the Amex on behalf of Nuveen, based on the opening prices of the Index's component Closed-End Funds on the last business day prior to expiration (“Settlement Day”). 7 The Settlement Day is normally the Friday preceding “Expiration Saturday.” If a component Closed-End Fund in the Index does not trade on Settlement Day, the last reported sales price in the primary market from the previous trading day would be used to calculate the settlement value. Settlement values for the Index will be disseminated by the Amex over the CTA. 7 The aggregate exercise value of the option contract is calculated by multiplying the Index value by the Index multiplier, which is 100. E. Trading Rules The Nuveen Municipal Fund Index is a broad stock index group as defined in Amex Rule 900C(b)(1). Options on the Index would be European-style and a.m. cash-settled. The Exchange's standard trading hours for broad-based index options (9:30 a.m. to 4:15 p.m. ET), as set forth in Commentary .02 to Amex Rule 1, will apply to options on the Nuveen Municipal Fund Index. Exchange rules that apply to the trading of options on broad-based indexes will also apply to options on the Index. 8 The trading of these options will also be subject to, among others, Exchange rules governing margin requirements and trading halt procedures for index options. 8 *See* Amex Rules 900C through 980C. For options on the Nuveen Municipal Fund Index, the Exchange proposes to establish an aggregate position limit of 25,000 contracts on the same side of the market, provided that no more than 15,000 of such contracts are in the nearest expiration month series. 9 Commentary .01(c) to Rule 904C provides that position limits for hedged index options may not exceed twice the established position limits for broad stock index groups. The Exchange proposes that a hedge exemption of 37,500 be available for the Index. Furthermore, proprietary accounts of member organizations could receive an exemption of up to three times the established position limit for the purpose of facilitating public customer orders, to the extent they comply with the procedures and criteria listed in Commentary .02 to Amex Rules 950(d) and 950(d)—ANTE. 9 The same limits that apply to position limits would apply to exercise limits for these products. The Exchange proposes to apply broad-based index margin requirements for the purchase and sale of options on the Nuveen Municipal Fund Index. Accordingly, purchases of put or call options with nine months or less until expiration would have to be paid for in full. Writers of uncovered put or call options would have to deposit/maintain 100% of the option proceeds, plus 15% of the aggregate contract value (current index level x $100), less any out-of-the-money amount, subject to a minimum of the option proceeds plus 10% of the aggregate contract value for call options and a minimum of the option proceeds plus 10% of the aggregate exercise price amount for put options. The Exchange proposes to set a strike price interval of at least 2 1/2 points, at a minimum, for a near-the-money series in a near-term expiration month when the level of the Index is below 200, a 5-point strike price interval, at a minimum, for any options series with an expiration up to one year, and at least a 10-point strike price interval for any longer-term option. The minimum tick size for series trading below $3 would be $0.05, and for series trading at or above $3 would be $0.10. The Exchange proposes to list options on the Index in the three consecutive near-term expiration months, plus up to three successive expiration months in the March cycle. For example, consecutive expirations of January, February, March, plus June, September, and December expirations would be listed. 10 In addition, long-term option series having up to 60 months to expiration will be traded. 11 The trading of long-term options on the Index will be subject to the same rules that govern all the Exchange's index options, including sales practice rules, margin requirements, and trading rules. 10 *See* Amex Rule 903C(a). 11 *See* Amex Rule 903C(a)(iii). F. Surveillance and Capacity The Exchange represents that it has an adequate surveillance program in place for options on the Nuveen Municipal Fund Index and intends to apply those same procedures that it applies to the Exchange's other index options. In addition, the Exchange is a member of the Intermarket Surveillance Group (“ISG”). The ISG members work together to coordinate surveillance and share information regarding the stock and options markets. The Exchange also represents that it has the necessary systems capacity to support the new options series that would result from the introduction of options on the Nuveen Municipal Fund Index, including long-term options. III. Discussion and Commission's Findings The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder, applicable to a national securities exchange. 12 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act 13 and will promote just and equitable principles of trade, and facilitate transactions in securities, and, in general, protect investors and the public interest. 12 In approving this proposal, the Commission has considered its impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 13 15 U.S.C. 78f(b)(5). The Commission notes that the Nuveen Municipal Fund Index
(i)is designed broadly to represent the U.S. national tax-free municipal closed-end fund market with a current composition of eighty-six
(86)closed-end funds that are listed on U.S. securities exchanges and
(ii)shall be comprised of no fewer than fifty-seven
(57)component closed-end funds at any time. Currently, the Index is broad-based and well-diversified. In the event, however, that the Index's characteristics change materially from the characteristics described herein and on which the Commission is basing its findings, the Exchange would not rely on this approval order to list and trade these options. Under such circumstances, the Exchange would not list any additional series for trading and would limit all transactions in options on the Index to closing transaction. The Commission notes that while the Index will be monitored and maintained by Nuveen, the value of the Index will be calculated and disseminated by the Exchange in 15-second intervals throughout the trading day. The Exchange will limit transactions to closing transactions if the Index value is not calculated and disseminated by a major market data vendor or the CTA at least every 15-seconds during the time the options trade on the Exchange. The Commission notes that Nuveen, because it selects the components for the Index, has represented to Amex that it prohibits individuals at Nuveen who will be privy to information about future changes to the Nuveen Municipal Fund Index rules or constituent stocks from trading on that information, for their own benefit or for the benefit of Nuveen's clients. Additionally, Nuveen has represented that it has firewalls around the personnel who have access to information concerning changes and adjustments to the Index. Additionally, the Commission notes that Amex will incorporate and rely upon its existing surveillance procedures governing index options, which it states are adequate to deter as well as detect any potential manipulation. IV. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act, 14 that the proposed rule change (SR-Amex-2006-19), as modified by Amendment Nos. 1, 2 and 3, be, and hereby is, approved. 14 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E7-1937 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55213; File No. SR-Amex-2006-118] Self-Regulatory Organizations; American Stock Exchange LLC; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto Relating to Generic Listing Standards for Series of Portfolio Depositary Receipts and Index Fund Shares Based on Fixed Income Indexes January 31, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 22, 2006, the American Stock Exchange LLC (“Amex” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared substantially by the Exchange. On January 26, 2007, the Exchange filed Amendment No. 1. 3 The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(l). 2 17 CFR 240.19b-4. 3 In Amendment No. 1, the Exchange modified the proposed rule text and corresponding description of its proposal. Amendment No. 1 replaced and superseded the original filing in its entirety. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to revise Amex Rules 1000 and 1000A to include generic listing standards for series of portfolio depositary receipts (“PDRs”) and index fund shares (“IFSs”) (together referred to as “exchange-traded funds” or “ETFs”) that are based on fixed income indexes or indexes consisting of both equity and fixed income securities (“combination indexes”). The text of the proposed rule change is available at the Amex, at the Commission's Public Reference Room, and on the Exchange's Web site at *www.amex.com* . II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, Amex included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to add Commentaries .04, .05, and .06 to Amex Rule 1000 and Commentaries .03, .04, and .05 to Amex Rule 1000A to include generic listing standards for series of PDRs and IFSs that are based on fixed income indexes or combination indexes. These generic listing standards would be applicable to fixed income indexes and combination indexes that the Commission has yet to review as well as those fixed income indexes described in exchange rule changes that have previously been approved by the Commission under Section 19(b)(2) of the Act for the trading of ETFs, options, or other index-based securities. The Exchange also proposes to amend Amex Rules 1000(b)(1) and 1000A(b)(1) to revise the definitions of PDR and IFS to include ETFs based on fixed income indexes and combination indexes. This proposal would enable the Exchange to list and trade ETFs pursuant to Rule 19b-4(e) under the Act 4 if each of the conditions set forth in either Commentaries .04 and .05 to Rule 1000 or Commentaries .03 and .04 to Rule 1000A, as applicable, are satisfied. 4 17 CFR 240.19b-4(e). Background *Exchange-Traded Funds.* Amex Rules 1000 *et seq.* allow for the listing and trading on the Exchange of PDRs. A PDR represents an interest in a unit investment trust registered under the Investment Company Act of 1940 (the “1940 Act”) 5 that operates on an open-end basis and which holds the securities that comprise an index or portfolio. Amex Rules 1000A *et seq.* provide standards for listing IFSs, which are securities issued by an open-end management investment company ( *i.e.* , an open-end mutual fund) based on a portfolio of securities that seeks to provide investment results that correspond generally to the price and yield performance or total return performance of a specified foreign or domestic stock index or fixed income index. Pursuant to Rules 1000 *et seq.* and 1000A *et seq.* , PDRs or IFSs must be issued in a specified aggregate minimum number in return for a deposit of specified securities and/or a cash amount, with a value equal to the next determined net asset value. When aggregated in the same specified minimum number, PDRs or IFSs must be redeemed by the issuer for the securities and/or cash, with a value equal to the next determined net asset value. Consistent with Amex Rules 1002 and 1002A, the net asset value is calculated once a day after the close of the regular trading day. 5 15 U.S.C. 80a. To meet the investment objective of providing investment returns that correspond to the performance of the underlying index, an ETF may use a “replication” strategy or a “representative sampling” strategy with respect to the ETF portfolio. An ETF using a replication strategy will invest in each component security of the underlying index in about the same proportion as that security is represented in the index itself. An ETF using a representative sampling strategy will generally invest in a significant number, but perhaps not all, of the component securities of the underlying index, and will hold securities that, in the aggregate, are intended to approximate the full index in terms of certain key characteristics. In the context of a fixed income index, such characteristics may include liquidity, duration, maturity, and yield. In addition, an ETF portfolio may be adjusted in accordance with changes in the composition of the underlying index or to maintain compliance with requirements applicable to a regulated investment company under the Internal Revenue Code (“IRC”). 6 6 For an ETF to qualify for tax treatment as a regulated investment company, it must meet several requirements under the IRC. Among these is the requirement that, at the close of each quarter of the ETF's taxable year,
(i)At least 50% of the market value of the ETF's total assets must be represented by cash items, U.S. government securities, securities of other regulated investment companies, and other securities, with such other securities limited for purposes of this calculation in respect of any one issuer to an amount not greater than 5% of the value if the ETF's assets and not greater than 10% of the outstanding voting securities of such issuer; and
(ii)not more than 25% of the value of its total assets may be invested in the securities of any one issuer, or two or more issuers that are controlled by the ETF (within the meaning of Section 851(b)(4)(B) of the IRC) and that are engaged in the same or similar trades or businesses or related trades or business (other than U.S. government securities or the securities of other regulated investment companies). *Generic Listing Standards for Exchange-Traded Funds.* The Exchange notes that the Commission has previously approved generic listing standards contemplated by Rule 19b-4(e) under the Act for ETFs based on indexes that consist of stocks listed on U.S. and non-U.S. exchanges. 7 This proposal seeks to adopt generic listing standards for fixed income and combination indexes that generally reflect existing generic listing standards for equities, but are tailored for the fixed income markets. 7 *See* Securities Exchange Act Release Nos. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (for ETFs based on global and international indexes) and 42787 (May 15, 2000), 65 FR 33598 (May 24, 2000) (for ETFs based on indexes comprised of U.S. stocks). The Exchange notes that the Commission has previously approved the listing and trading of ETFs based on certain fixed income indexes 8 as well as structured notes linked to a basket or index of fixed income securities. 9 In addition, the Commission has also approved listing standards for other index-based derivatives that permit the listing—pursuant to Rule 19b-4(e)—of such securities where the Commission had previously approved the trading of specified index-based derivatives on the same index, on the condition that all of the standards set forth in the original order are satisfied by the exchange employing generic listing standards. 10 8 *See* Securities Exchange Act Release Nos. 46252 (July 24, 2002), 67 FR 49715 (July 31, 2002) (approving the listing and trading of funds based on U.S. Treasury or corporate bond indexes); 46738 (October 29, 2002), 67 FR 67666 (November 6, 2002) (approving the listing and trading of FITRS) and 52870 (December 1, 2005), 70 FR 73039 (December 8, 2005) (approving the trading on a UTP basis of the iShares Lehman TIPS Bond Fund). 9 *See* Securities Exchange Act Release Nos. 41334 (April 27, 1999), 64 FR 23883 (May 4, 1999) (approving the listing and trading of Bond Indexed Term Notes); 46923 (November 27, 2002), 67 FR 72247 (December 4, 2002) (approving the listing and trading of trust units linked to a basket of investment-grade fixed income securities); 48484 (September 11, 2003), 68 FR 54508 (September 17, 2003) (approving the listing and trading of trust certificates linked to a basket of up to five investment-grade fixed income securities plus U.S. Treasury securities); and 50355 (September 13, 2004), 69 FR 56252 (September 20, 2004) (approving generic listing standards for trust certificates linked to portfolios of investment grade securities and U.S. Treasury securities). 10 *See* Amex Company Guide Section 107D (Index-Linked Securities); Securities Exchange Act Release No. 51563 (April 15, 2005), 70 FR 21257 (April 25, 2005). The Exchange believes that adopting additional generic listing standards for ETFs based on fixed income indexes and applying Rule 19b-4(e) should fulfill the intended objective of that rule by allowing those ETFs that satisfy the proposed generic listing standards to commence trading, without the need for individualized Commission approval. The proposed rules have the potential to reduce the time frame for bringing ETFs to market, thereby reducing the burdens on issuers and other market participants. The Exchange submits that the failure of a particular ETF to comply with the proposed generic listing standards would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) requesting Commission approval to list and trade a particular ETF. Fixed Income and Combination Index ETFs *Requirements for Listing and Trading ETFs Based on Fixed Income Indexes.* Exchange-traded funds listed pursuant to the proposed generic listing standards for fixed income indexes would be traded, in all other respects, under the Exchange's existing trading rules and procedures that apply to ETFs and would be covered under the Exchange's surveillance program for ETFs. 11 The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of ETFs listed pursuant to the proposed new listing standards. In addition, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees. 11 *See* Amex Rules 1000 through 1006 and 1000A through 1005A. In order to list an ETF pursuant to the proposed generic listing standards for fixed income indexes, the index underlying the ETF must satisfy all the conditions contained in proposed Commentary .04 to Rule 1000 (for PDRs) or proposed Commentary .03 to Rule 1000A (for IFSs). As with existing generic listing standards for ETFs based on domestic and international or global indexes, the proposed generic listing standards are intended to ensure that fixed income securities with substantial market distribution and liquidity account for a substantial portion of the weight of an index or portfolio. While the standards in this proposal are loosely based on the standards contained in Commission and Commodity Futures Trading Commission (“CFTC”) rules regarding the application of the definition of narrow-based security index to debt security indexes 12 as well as existing fixed income ETFs, they have been adapted as appropriate to apply generally to fixed income indexes for ETFs. 12 *See* Securities Exchange Act Release No. 54106 (July 6, 2006), 71 FR 39534 (July 13, 2006) (File No. S7-07-06) (the “Joint Rules”). Fixed Income Securities As proposed, Commentary .04 to Rule 1000 and Commentary .03 to Rule 1000A define the term “Fixed Income Securities” to include notes, bonds (including convertible bonds), debentures, or evidence of indebtedness that include, but are not limited to, U.S. Treasury securities (“Treasury Securities”), government-sponsored entity securities (“GSE Securities”), municipal securities, trust-preferred securities, 13 supranational debt, 14 and debt of a foreign country or subdivision thereof. This new definition is designed to create a category of ETFs based on fixed income indexes that may be listed and traded pursuant to Rule 19b-4(e) under the Act. 13 Trust-preferred securities are undated cumulative securities issued from a special purpose trust in which a bank or bank holding company owns all of the common securities. The trust's sole asset is a subordinated note issued by the bank or bank holding company. Trust preferred securities are treated as debt for tax purposes so that the distributions or dividends paid are a tax-deductible interest expense. 14 Supranational debt represents the debt of international organizations such as the World Bank, the International Monetary Fund, regional multilateral development banks, and multilateral financial institutions. Examples of regional multilateral development banks include the African Development Bank, Asian Development Bank, European Bank for Reconstruction and Development, and the Inter-American Development Bank. In addition, examples of multilateral financial institutions include the European Investment Bank and the International Fund for Agricultural Development. For purposes of the proposed definition, a convertible bond is deemed to be a Fixed Income Security up until the time that it is converted into its underlying common or preferred stock. 15 Once converted, the equity security may no longer continue as a component of a fixed income index under the proposed rules, and accordingly, would have to be removed from such index for the ETF to remain listed pursuant to proposed Commentary .04 to Rule 1000 or Commentary .03 to Rule 1000A. 15 The Exchange notes that, under the Section 3(a)(11) of the Act, 15 U.S.C. 78c(a)(11), a convertible security is defined as an equity security. However, for the purpose of the proposed generic listing criteria, Amex believes that defining a convertible security (prior to its conversion) as a Fixed Income Security is consistent with the objectives and intention of the generic listing standards for fixed-income-based ETFs as well as the Act. The Exchange proposes that, to list an ETF based on a fixed income index pursuant to the generic standards, the index must meet the following criteria: • The index or portfolio must consist of Fixed Income Securities; • Components that in aggregate account for at least 75% of the weight of the index or portfolio must have a minimum original principal amount outstanding of $100 million or more; • No component Fixed Income Security (excluding a Treasury Security) represents more than 30% of the weight of the index, and the five highest weighted component fixed income securities in the index do not in the aggregate account for more than 65% of the weight of the index; • An underlying index or portfolio (excluding one consisting entirely of exempted securities) must include a minimum of 13 non-affiliated issuers; and • Component securities that in aggregate account for at least 90% of the weight of the index or portfolio must be either: ➢ From issuers that are required to file reports pursuant to Sections 13 and 15(d) of the Act; 16 16 15 U.S.C. 78m and 78o(d). ➢ From issuers that have a worldwide market value of its outstanding common equity held by non-affiliates of $700 million or more; ➢ From issuers that have outstanding securities that are notes, bonds, debentures, or evidences of indebtedness having a total remaining principal amount of at least $1 billion; ➢ Exempted securities, as defined in Section 3(a)(12) of the Act; 17 or 17 15 U.S.C. 78c(a)(12). ➢ From issuers that are governments of foreign countries or political subdivisions of foreign countries. The Exchange believes that these proposed component criteria standards are reasonable for fixed income indexes, and, when applied in conjunction with the other listing requirements, would result in ETFs that are sufficiently broad-based in scope and not readily susceptible to manipulation. The Exchange notes that the proposed standards are similar to the standards set forth by the Commission and the CFTC in the Joint Rules as well as existing fixed-income-based ETFs. First, in the proposed standards, component fixed income securities that in the aggregate account for at least 75% of the weight of the index or portfolio would have to have a minimum original principal amount outstanding of at least $100 million. This is virtually identical to the corresponding standard in Section 107E(a)(x) of the Amex *Company Guide* for trust certificates. Second, in the proposed standards, the most heavily weighted component stock cannot exceed 30% of the weight of the index or portfolio, consistent with the standard for U.S. equity ETFs set forth in Commentaries .03(a)(A) to Rule 1000 and .02(a)(A) to Rule 1000A. In addition, this standard is identical to the standard set forth by the Commission and the CFTC in the Joint Rules. 18 Third, in the proposed standards, the five most heavily weighted component securities could not exceed 65% of the weight of the index or portfolio, consistent with the standard for U.S. equity ETFs set forth in Commentaries .03(a)(A) to Rule 1000 and .02(a)(A) to Rule 1000A as well as the Joint Rules. Fourth, the minimum number of fixed income securities (except for portfolios consisting entirely of exempted securities, such as Treasury Securities or GSEs) from unaffiliated 19 issuers in the proposed standards is 13, consistent with the standard for U.S. equity ETFs set forth in Commentaries .03(a)(A) to Rule 1000 and .02(a)(A) to Rule 1000A and the Joint Rules. This requirement together with the diversification standards set forth above would provide assurance that the fixed income securities comprising an index would not be overly dependent on the price behavior of a single component or small group of components. 18 *See* note 12 *supra.* 19 Rule 405 under the Securities Act of 1933, 17 CFR 230.405, defines an affiliate as a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, such person. Control, for this purpose, is the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. Finally, the proposed standards would require that at least 90% of the weight of the index or portfolio must be either
(i)From issuers that are required to file reports pursuant to Sections 13 and 15(d) of the Act; 20
(ii)from issuers that have a worldwide market value of its outstanding common equity held by non-affiliates of $700 million or more;
(iii)from issuers that have outstanding securities that are notes, bonds, debentures, or evidences of indebtedness having a total remaining principal amount of at least $1 billion;
(iv)exempted securities, as defined in Section 3(a)(12) of the Act; 21 or
(v)from issuers that are governments of foreign countries or political subdivisions of foreign countries. This proposed standard is consistent with a similar standard in the Joint Rules and is designed to ensure that the component fixed income securities have sufficient publicly available information. 20 15 U.S.C. 78m and 78o(d). 21 15 U.S.C. 78c(a)(12). The proposed generic listing requirements for fixed income ETFs would not require that component securities in an underlying index have an investment-grade rating. 22 In addition, the proposed requirements would not require a minimum trading volume, due to the lower trading volume that generally occurs in the fixed income markets as compared to the equity markets. However, the Exchange submits that the minimum principal amount outstanding requirement of $100 million, coupled with the proposed concentration requirements, would severely reduce the likelihood that an ETF listed under the proposal would be readily susceptible to manipulation. In all cases, Multiple or Inverse ETFs, which are considered for listing pursuant to Rule 1000A(b)(2), may not be the subject of these proposed generic listing standards. 22 *See* Joint Rules, 71 FR at 30538. *Requirements for Listing and Trading ETFs Based on Combination Indexes.* The Exchange also seeks to list and trade ETFs based on a combination of equity and fixed income securities or a composite index that would consist of an equity index and fixed income index (collectively, “combination indexes”). An ETF listed pursuant to the generic standards for combination indexes would be traded, in all other respects, under the Exchange's existing trading rules and procedures that apply to ETFs and would be covered under the Exchange's surveillance program for ETFs. 23 23 *See* Amex Rules 1000 through 1006 and 1000A through 1005A. To list an ETF pursuant to the proposed generic listing standards for combination indexes, an index underlying a PDR or IFS must satisfy all the conditions contained in proposed Commentary .05 to Rule 1000 (for PDRs) or proposed Commentary .04 to Rule 1000A (for IFSs). These generic listing standards are intended to ensure that securities with substantial market distribution and liquidity account for a substantial portion of the weight of both the equity and fixed income portions of an index or portfolio. Proposed Commentaries .05 to Rule 1000 and .04 to Rule 1000A would provide that the Exchange may approve series of PDRs and IFSs—based on a combination of indexes or a series of component securities representing the U.S. or domestic equity market, the international equity market, and the fixed income market—for listing and trading pursuant to Rule 19b-4(e) under the Act. The standards that an ETF would have to comply with are as follows:
(i)Such portfolio or combination of indexes has been described in exchange rule changes reviewed and approved for the trading of options, PDRs, IFSs, Index-Linked Exchangeable Notes, or Index-Linked Securities by the Commission under Section 19(b)(2) of the Act, and all of the standards set forth in the original order are satisfied by the exchange employing generic listing standards; or
(ii)the equity portion and fixed income portion of the component securities separately meet the criteria set forth in Commentary .03 (equities) and proposed Commentary .04 (fixed income) for PDRs and Commentary .02 (equities) and proposed Commentary .03 (fixed income) for IFSs. In all cases, however, Multiple or Inverse ETFs, which are considered for listing pursuant to Rule 1000A(b)(2), may not be the subject of these proposed generic listing standards. *Index Methodology and Dissemination.* The Exchange proposes to adopt Commentaries .04(b) and .05(a) to Rule 1000 and Commentaries .03(b) and .04(a) to Rule 1000A to establish requirements for index methodology and dissemination in connection with fixed income and combination indexes. If a broker-dealer is responsible for maintaining (or has a role in maintaining) the underlying index, such broker-dealer would be required to erect and maintain a “firewall,” in a form satisfactory to the Exchange, to prevent the flow of non-public information regarding the underlying index from the personnel involved in the development and maintenance of such index to others such as sales and trading personnel. With respect to index dissemination, the Exchange proposes to adopt Commentaries .04(b)(iii) and .05(a)(iii) to Rule 1000 and Commentaries .03(b)(iii) and .04(a)(iii) to Rule 1000A to require that the index value for an ETF listed pursuant to the proposed standards for fixed income be widely disseminated by one or more major market data vendors at least once a day during the time when the ETF shares trade on the Exchange. If the index value does not change during some or all of the period when trading is occurring on the Exchange, the last official calculated index value must remain available throughout Exchange trading hours. This reflects the nature of the fixed income markets as well as the frequency of intra-day trading information with respect to fixed income indexes. To the extent that an ETF is based on a combination index, the index would have to be widely disseminated by one or more major market data vendors at least every 15 seconds during the time when the ETF shares trade on the Exchange to reflect updates for the prices of the equity securities included in the combination index. The fixed income portion of the combination index would have to be updated at least daily. *Application of General Rules.* Commentaries .06 to Rule 1000 and .05 to Rule 1000A would be added to identify those characteristics of ETFs that would apply to all such series of PDRs or IFSs based on fixed income or combination indexes. This would include the dissemination of the Intraday Indicative Value, an estimate of the value of a share of each ETF, updated at least every 15 seconds. In addition, proposed Commentaries .05 to Rule 1000 and .06 to Rule 1000A would set forth the requirements for PDRs or IFSs relating to initial shares outstanding, minimum price variation, listing fees, surveillance procedures, and the application of PDR or IFS rules, as applicable. The Exchange states that the Commission has approved generic standards providing for the listing pursuant to Rule 19b-4(e) of other derivative products based on indexes described in rule changes previously approved by the Commission under Section 19(b)(2) of the Act. The Exchange proposes to include in the generic standards for the listing of PDRs and IFSs based on fixed income and combination indexes, in new Commentary .04 to Rule 1000 and Commentary .03 to Rule 1000A, indexes that have been approved by the Commission in connection with the listing of options, Portfolio Depository Receipts, Index Fund Shares, Index-Linked Exchangeable Notes, or Index-Linked Securities. The Exchange believes that the application of that standard to ETFs is appropriate because the underlying index would have been subject to detailed and specific Commission review in the context of the approval of listing of other derivatives. 24 24 *See supra* notes 7 and 9. The Exchange notes that existing Rules 1002 and 1002A provide continued listing standards for all PDRs and IFSs. For example, where the value of the underlying index or portfolio of securities on which the ETF is based is no longer calculated or available, or in the event that the ETF chooses to substitute a new index or portfolio for the existing index or portfolio, the Exchange would commence delisting proceedings if the new index or portfolio does not meet the requirements of and listing standards set forth in Rules 1000 *et seq.* or Rules 1000A *et seq.* , as applicable. If an ETF chose to substitute an index that did not meet any of the generic listing standards for listing of ETFs pursuant to Rule 19b-4(e) under the Act, then for continued listing and trading, approval by the Commission of a separate filing pursuant to Section 19(b)(2) to list and trade that ETF would be required. The Exchange further notes that existing Amex Rules 1002(a)(ii) and 1002A(a)(ii) provide that, before approving an ETF for listing, the Exchange will obtain a representation from the ETF issuer that the net asset value per share will be calculated daily and made available to all market participants at the same time. The trading halt requirements for existing ETFs will similarly apply to fixed income and combination index ETFs. In particular, Rules 1002(b)(ii) and 1002A(b)(iv) provide that, if the Intraday Indicative Value or the index value applicable to that series of ETFs is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the Intraday Indicative Value or the index value occurs. If the interruption to the dissemination of the Intraday Indicative Value or the index value persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. 25 25 If an ETF is traded on the Exchange pursuant to unlisted trading privileges, the Exchange would halt trading if the primary listing market halts trading in such ETF because the Intraday Indicative Value and/or the index value is not being disseminated. *See* Securities Exchange Act Release No. 55018 (December 28, 2006), 72 FR 1040 (January 9, 2007) (SR Amex-2006-109). 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act 26 in general, and furthers the objectives of Section 6(b)(5) of the Act 27 in particular, in that it is designed to promote just and equitable principles of trade; to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities; to remove impediments to and perfect the mechanism of a free and open market and a national market system. 26 15 U.S.C. 78f(b). 27 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange believes that the proposed rule change would impose no burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received comments on this proposal. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. The Amex has requested accelerated approval of the proposed rule change. The Commission had determined that a public notice and comment period is appropriate. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-Amex-2006-118 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-Amex-2006-118. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of Amex. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Amex-2006-118 and should be submitted on or before February 22, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 28 28 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1998 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55197; File No. SR-BSE-2007-02] Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Boston Options Exchange Fee Schedule January 30, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 22, 2007, the Boston Stock Exchange, Inc. (“BSE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the BSE. The BSE has designated this proposal as one establishing or changing a due, fee, or other charge imposed by the BSE under Section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes the following changes to the Fee Schedule for the Boston Options Exchange (“BOX”). The first proposed change to the Fee Schedule relates to the Penny Pilot Program. 5 This proposed change will allow BOX to introduce lower fees for those instruments that are included in the Penny Pilot Program, which trade in increments of one cent. The second proposed change is to amend the Fee Schedule to permanently eliminate a fee that is currently waived. Finally, the Exchange proposes to amend the Minimum Activity Charge (“MAC”) contained in the BOX Fee Schedule. The proposed change is to account for the effect that current market conditions have had on the MAC. The text of the proposed rule change is available at the BSE, the Commission's Public Reference Room, and *http://www.bostonstock.com/legal/filings/07-02.pdf.* 5 *See* Securities Exchange Release No. 54789 (November 20, 2006), 71 FR 68654 (November 27, 2006) (SR-BSE-2006-49). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the BSE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The BSE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes the following changes to the BOX Fee Schedule. The first proposed change to the Fee Schedule relates to the Penny Pilot Program. This proposed change will allow BOX to introduce lower fees for those instruments that are included in the Penny Pilot Program, which trade in increments of one cent. The second proposed change is to amend the Fee Schedule to permanently eliminate a fee that is currently waived. Finally, the Exchange proposes to amend the MAC contained in the BOX Fee Schedule. The proposed change is to account for the effect that current market conditions have had on the MAC. The three proposed changes to the Fee Schedule are discussed in further detail below.
(a)Reduction in Fees Related to the Penny Pilot Program The Exchange is proposing to lower fees for those instruments that are included in the Penny Pilot Program, which trade in increments of one cent. This proposed change will reduce the trading fees for those instruments from the standard trading fee of $0.20 per contract traded to a fee of $0.15 per contract traded. BOX believes that this reduction in fees will encourage trading for those classes traded in the Penny Pilot Program.
(b)Removal of Fee Which is No Longer Charged BOX does not currently charge the $0.40 per contract fee for contracts for Broker Dealer Proprietary Accounts and Market Makers traded against an order the Trading Host filters to prevent trading through the NBBO. BOX proposes to delete the charge from the BOX Fee Schedule to conform the Fee Schedule to reflect BOX's current practice. The proposed change will accurately reflect the charges that BOX levies on its Participants. 6 6 The Exchange clarified that the $0.40 per contract fee is being deleted from the Fee Schedule because BOX has been waiving the fee for Broker Dealer Proprietary Accounts and Market Makers. Telephone conference between Lisa Fall, General Counsel, BOX; Brian Donnelly, Assistant Vice President, Regulation and Compliance, BSE; David Liu, Senior Special Counsel, Commission; and Jan Woo, Attorney, Commission, on January 26, 2007.
(c)Changes to the MAC Recent increases in options trading have resulted in many BOX listed classes to be reclassified into higher MAC categories. BOX is seeking to amend its existing MAC program to provide uniform fee relief to its Participants. The proposed change alters the month in which the MAC reclassifications are calculated from January to July. The changes to the MAC program are being proposed to prevent unnecessary fee increases for BOX Participants. 7 Moving the month of reclassification to July will afford BOX the opportunity to keep the current MAC classifications the same for an additional six months, thus keeping fees to Participants the same. 8 No changes are being sought to alter the fundamental structure of the existing program. 7 The Exchange clarified that moving the reclassification to July may provide relief to BOX Participants for six months. *Id.* 8 *Id.* 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act, 9 in general, and Section 6(b)(4) of the Act, 10 in particular, which requires that an exchange provide for the equitable allocation of reasonable dues, fees, and other charges among its members and issuers and other persons using its facilities. 9 15 U.S.C. 78f(b). 10 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and Rule 19b-4(f)(2) 12 thereunder because it changes a fee imposed by the Exchange. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File No. SR-BSE-2007-02 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-BSE-2007-02. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the BSE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BSE-2007-02 and should be submitted on or before February 28, 2007. 13 17 CFR 200.30-3(a)(12). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 13 Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1944 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55217; File No. SR-FICC-2006-16] Self-Regulatory Organizations; The Fixed Income Clearing Corporation; Order Approving Proposed Rule Change To Replace the Government Securities Division Clearing Fund Calculation Methodology With a Yield-Driven Value-at-Risk Methodology January 31, 2007. I. Introduction On October 4, 2006, the Fixed Income Clearing Corporation (“FICC”) filed with the Securities and Exchange Commission (“Commission”) and on November 14, 2006, amended proposed rule change SR-FICC-2006-16 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”). 1 Notice of the proposal was published in the **Federal Register** on December 27, 2006. 2 The Commission received no comment letters in response to the proposed rule change. For the reasons discussed below, the Commission is approving the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 Securities Exchange Act Release No. 54964 (December 19, 2006), 71 FR 77835 (SR-FICC-2006-16). II. Description FICC seeks to replace the Government Securities Division (“GSD”) margin calculation methodology with a value-at-risk (“VaR”) methodology. Netting members of FICC's GSD are required to maintain clearing fund deposits. Each member's required clearing fund deposit is calculated daily to ensure that enough funds are available to cover the risks associated with that member's activities. The purposes served by the clearing fund are to:
(i)Have on deposit at FICC funds from each member sufficient to satisfy any losses that may be incurred by FICC or its members resulting from the default by a member and the resultant close out of that member's settlement positions and
(ii)ensure that FICC has sufficient liquidity at all times to meet its payment and delivery obligations. FICC proposes to replace the current clearing fund methodology used at GSD, which uses haircuts and offsets, with a yield-driven VaR methodology that is expected to better reflect market volatility and more thoroughly distinguish the levels of risk presented by individual securities. VaR is defined to be the maximum amount of money that may be lost on a portfolio over a given period of time within a given level of confidence. With respect to the GSD, FICC will use a 99 percent three-day VaR. 3 3 Category 2 Dealers and Category 2 Futures Commission Merchants will be subject to higher confidence levels than other Netting Members. The changes to the components that comprise the current clearing fund methodology compared to the proposed VaR methodology in relation to the risks addressed by the components are summarized below. 4 Under the current GSD rules, Category 1 Inter-Dealer Brokers are subject to a flat $5 million clearing fund requirement. This proposed rule change does not alter that requirement. 5 FICC will have the discretion to not apply the interest rate model to classes of securities whose volatility is less amenable to statistical analysis, which is usually due to a lack of pricing history. In lieu of such a calculation, the required charge with respect to such positions will be determined based on a historic index volatility model. 6 FICC is adopting a new definition for “Term Repo Transaction” to clarify the types of transactions covered by this component. As proposed, Term Repo Transaction will mean, on any particular Business Day, a Repo Transaction for which settlement of the Close Leg “is scheduled to occur two or more Business Days after the scheduled settlement of the Start Leg.” In addition, the existing definition for “Term GCF Repo Transaction” is being revised to conform to the language for “Term Repo Transaction” as the new definition provides greater clarity as to transactions covered. Existing methodology Risk addressed Proposed methodology 4 Receive/Deliver component using margin factors Fluctuation in security prices Interest rate or index-driven model, as appropriate. 5 Repo Volatility component Fluctuation in repo interest rates Repo index-driven model. 6 Funds Adjustment Deposit component (based on the average size of the member's 20 highest funds-only settlement amounts over the most recent 75 business days) Uncertainty of whether a member will satisfy its funds-only settlement obligation Margin Requirement Differential (“MRD”) (a portion of which is based on the historical size of a member's funds-only settlement obligation). Average Post Offset Margin Amount component (based on the 20 highest margin amounts derived from all outstanding net settlement positions over the most recent 75 business days) Uncertainty of whether a member will satisfy its next clearing fund call MRD (a portion of which is based on the historical variability of a member's clearing fund requirement). Not specifically covered Intraday risk and additional exposure due to portfolio variation and potential loss in unlikely situations beyond the model's effective range Coverage Component (if necessary, applies additional minimum charge to bring coverage to the applicable confidence level). In addition, FICC will be able to include in a member's clearing fund requirement a “special charge” based on such factors as FICC determines to be appropriate from time to time. Such factors may include, but are not limited to, such things as price fluctuation, volatility, or lack of liquidity. The proposed VaR methodology will necessitate a change to FICC's risk management consequences of the late allocation of repo substitution collateral. Because offset classes and margin rates will no longer be present in the revised GSD rules, FICC will base the margining for such a generic CUSIP on the same calculation as that used for securities whose volatility is less amenable to statistical analysis. 7 7 Securities Exchange Act Release No. 53534 (March 21, 2006), 71 FR 15781 (March 29, 2006) (File No. SR-FICC-2005-18). This rule change created a generic CUSIP offset and applicable margin rate for determining clearing fund consequences for such late allocations. The VaR methodology will not include calculations that are incorporated in the GSD's current cross-margining programs with The Clearing Corporation (“TCC”) and with the Chicago Mercantile Exchange (“CME”). In order to provide for continuity of cross-margining following the implementation of the VaR methodology and because certain key calculations required for cross-margining are unique to cross-margining, FICC will continue to perform the applicable cross-margining calculations outside of the VaR model. FICC will then adjust the cross-margining clearing fund calculation using a scaling ratio of the VaR clearing fund calculation to the cross-margining clearing fund calculation so that the clearing fund amount available for cross-margining is appropriately aligned with the VaR model. The proposed changes described herein will necessitate amendments to FICC's cross-margining agreements with TCC and with CME as follows: 1. The definition of FICC's “Margin Rate” in each of the agreements will be amended to reflect that the margin rate will no longer be based on margin factors published in the current rules (as these will no longer be applied under the VaR methodology). Instead, they will be determined based on a percentage that will be determined using the same parameters and data ( *e.g.* , confidence level and historic indices) as those used to generate margin factors in the current rules. 2. Section 5(a) of each cross-margining agreement will be amended to state that FICC's residual margin amount will be calculated as specified in the agreement and will be adjusted, if necessary, to correct for differences between the methodology of calculating the residual margin amount as described in the agreement and the VaR methodology. This change will be necessary to account for the deletion of relevant margin factors and disallowance schedules (which, like the margin factors, are incorporated into the agreements by reference) from GSD rules and to adjust for the possibility that the new VaR methodology could generate a charge that would otherwise allow for a cross-margining reduction that is greater than the margin requirement. III. Discussion Section 19(b) of the Act directs the Commission to approve a proposed rule change of a self-regulatory organization if it finds that such proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to such organization. Section 17A(b)(3)(F) of the Act requires that the rules of a clearing agency be designed to assure the safeguarding of securities and funds in FICC's custody or control or for which it is responsible. 8 Because FICC's proposed rule change implements a VaR methodology that should better reflect market volatility and should more thoroughly distinguish the levels of risk presented by individual securities, FICC should be able to more accurately calculate the risk presented by each of its member's activity and to collect clearing fund to protect against that risk. As a result, FICC should be in a better position to assure the safeguarding of securities and funds in its custody or control or for which it is responsible. 8 15 U.S.C. 78q-1(b)(3)(F). IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular Section 17A of the Act and the rules and regulations thereunder. In approving the proposed rule change, the Commission considered the proposal's impact on efficiency, competition and capital formation. 9 9 15 U.S.C. 78c(f). *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, that the proposed rule change (File No. SR-FICC-2006-16) be and hereby is approved. 10 17 CFR 200.30-3(a)(12). For the Commission by the Division of Market Regulation, pursuant to delegated authority. 10 Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1948 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55221; File No. SR-ISE-2007-06] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Fee Changes February 1, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 22, 2007, the International Securities Exchange, LLC (“ISE” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the ISE. The ISE has designated this proposal as one establishing or changing a due, fee, or other charge applicable only to a member under Section 19(b)(3)(A)(ii) of the Act, 3 and Rule 19b-4(f)(2) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A)(ii). 4 17 CFR 240.19b-4(f)(2). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The ISE is proposing to amend its Schedule of Fees to establish fees for transactions in options on one Premium Product. 5 The text of the proposed rule change is available on the ISE's Web site ( *http://www.iseoptions.com/legal/proposed_rule_changes.asp* ), at the ISE, and at the Commission's Public Reference Room. 5 “Premium Products” is defined in the Schedule of Fees as the products enumerated therein. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the ISE included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The ISE has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to amend its Schedule of Fees to establish fees for transactions in options on the following Premium Product: The ISE Integrated Oil & Gas Index (“PMP”). 6 Specifically, the Exchange is proposing to adopt an execution fee and a comparison fee for all transactions in options on PMP. 7 The amount of the execution fee and comparison fee for PMP shall be $0.15 and $0.03 per contract, respectively, for all Public Customer Orders 8 and Firm Proprietary orders. The amount of the execution fee and comparison fee for all ISE Market Maker transactions shall be equal to the execution fee and comparison fee currently charged by the Exchange for ISE Market Maker transactions in equity options. 9 Finally, the amount of the execution fee and comparison fee for all non-ISE Market Maker transactions shall be $0.16 and $0.03 per contract, respectively. All of the applicable fees covered by this filing are identical to fees charged by the Exchange for all other Premium Products. Further, since options on PMP are not multiply-listed, the Payment for Order Flow fee shall not apply. The Exchange believes the proposed rule change will further the Exchange's goal of introducing new products to the marketplace that are competitively priced. 6 The Exchange represents that PMP, a narrow-based index, meets the standards of ISE Rule 2002(b), which allows the ISE to begin trading this product by filing a Form 19b-4(e) at least five business days after commencement of trading this new products pursuant to Rule 19b-4(e) under the Act. Accordingly, the ISE represents that it has submitted the required Form 19b-4(e) to the Commission. *See* Telephone conversation between Samir Patel, Assistant General Counsel, ISE, and Richard Holley III, Special Counsel, Division of Market Regulation, Commission, on January 25, 2007. 7 These fees will be charged only to Exchange members. Under a pilot program that is set to expire on July 31, 2007, these fees will also be charged to Linkage Orders (as defined in ISE Rule 1900). *See* Securities Exchange Act Release No. 54204 (July 25, 2006), 71 FR 43548 (August 1, 2006) (SR-ISE-2006-38). 8 “Public Customer Order” is defined in ISE Rule 100(a)(39) as an order for the account of a Public Customer. “Public Customer” is defined in ISE Rule 100(a)(38) as a person that is not a broker or dealer in securities. 9 The execution fee is currently between $.21 and $.12 per contract side, depending on the Exchange Average Daily Volume, and the comparison fee is currently $.03 per contract side. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(4) of the Act 10 that the rules of an exchange provide for the equitable allocation of reasonable dues, fees and other charges among its members and other persons using its facilities. 10 15 U.S.C. 78f(b)(4). B. Self-Regulatory Organization's Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing rule change establishes or changes a due, fee, or other charge imposed by the Exchange, it has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and Rule 19b-4(f)(2) 12 thereunder. At any time within 60 days of the filing of such proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 19b-4(f)(2). IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-ISE-2007-06 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE-2007-06. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the ISE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2007-06 and should be submitted on or before February 28, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 13 13 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1997 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55061A; File No. SR-NASDAQ-2006-061] Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness of Proposed Rule Change by the NASDAQ Stock Market LLC To Codify Sponsored Access Rule January 31, 2007. Correction In FR Document No. E7-543, beginning on page 2052 for Wednesday, January 17, 2007, the first paragraph is revised to read as follows: “Pursuant to the provisions of Section 19(b)(1) under the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on December 20, 2006, The NASDAQ Stock Market LLC (“Nasdaq”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by Nasdaq. Nasdaq filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act, 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.” 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 5 5 17 CFR 200.30(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1951 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55210; File No. SR-NYSE-2007-08] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt New Rule 15B(T) Relating to Intermarket Sweep Orders January 31, 2007. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder, 3 notice is hereby given that on January 26, 2007, the New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II, which Items have been substantially prepared by the Exchange. NYSE has designated the proposed rule change as constituting a “non-controversial” rule change under Section 19(b)(3)(A) of the Act 4 and Rule 19b-4(f)(6) thereunder, 5 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 15 U.S.C. 78a. 3 17 CFR 240.19b-4. 4 15 U.S.C. 78s(b)(3)(A). 5 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is proposing to adopt NYSE Rule 15B(T), a temporary rule which describes the obligations of Exchange member organizations when sending Intermarket Sweep Orders (“ISOs”) to the Exchange prior to the Trading Phase Date of Regulation NMS (“Reg. NMS”). The text of the proposed rule change is available at NYSE, the Commission's Public Reference Room, and *http://www.nyse.com.* II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose As part of its rollout of the Hybrid Market, SM the Exchange is set to begin implementation of Phase IV, which includes changes necessary for NYSE's compliance with Reg. NMS. Specifically, the Phase IV software will include the acceptance of ISOs and non-routing immediate-or-cancel orders (“Reg. NMS IOCs”), auto-routing to 100-share quotations, and implementation of new locking and crossing rules approved by the Commission. The Phase IV rollout will occur in a controlled manner through the Trading Phase Date, March 5, 2007. 6 Following an initial successful period of trading, the Exchange will deploy the Phase IV software on an accelerated basis, providing notice to members and member organizations of the timing for each group of securities migrating to Phase IV. 6 *See* Securities Exchange Act Release No. 55160 (January 24, 2007), available at * http://www.sec.gov/rules/final/2007/34-55160.pdf* (extending the Trading Phase Date until March 5, 2007). The Exchange seeks to amend its rules to require member organizations that send ISOs to the Exchange prior to the Trading Phase Date of Reg. NMS to simultaneously send an ISO (or comparable order) for the full displayed size of the top of the book of every other ITS participant displaying a better-priced quotation. This temporary rule is intended to mirror the requirement, which will be operative after the Trading Phase Date, that all incoming ISOs meet the requirements as described in Rule 600(b)(30) of Reg. NMS, 7 and is designed to ensure that member organizations honor better-priced quotes of other ITS participants when submitting ISOs to the Exchange prior to the Trading Phase Date. 8 The NYSE expects that this temporary rule will be in effect only until the Trading Phase Date, at which time it will be deleted from its rulebook. 7 17 CFR 242.600(b)(30). 8 *See* Telephone call between Craig Hammond, Managing Director, NYSE, and Richard Holley III, Special Counsel, Division of Market Regulation, Commission, dated January 29, 2007. In addition, the NYSE notes that it has requested an exemption from certain provisions of the Intermarket Trading System Plan and NYSE Rule 15A to allow the NYSE to implement the Reg. NMS Compliance aspects of the Phase IV rollout prior to the Trading Phase Date. 9 9 *See* Letter from Mary Yeager, Assistant Secretary, NYSE, to Nancy M. Morris, Secretary, Commission, dated January 26, 2007. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the requirement under Section 6(b)(5) of the Act 10 that an Exchange have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and national market system, and, in general, to protect investors and the public interest. 10 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 11 and Rule 19b-4(f)(6) thereunder 12 because the proposal does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)impose any significant burden on competition; and
(iii)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. 13 NYSE has requested that the Commission waive the 30-day operative delay and designate the proposed rule change effective immediately. The Commission hereby grants the request. 14 The Commission believes that such waiver is consistent with the protection of investors and the public interest because immediate effectiveness of the proposed rule change will assist the Exchange in its efforts to ensure that its member organizations honor better-priced quotations of other ITS participants when they send ISOs to the Exchange for execution. 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b-4(f)(6). 13 Rule 19b-4(f)(6)(iii) under the Act requires that a self-regulatory organization submit to the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. NYSE has satisfied the pre-filing requirement. 14 For purposes only of waiving the 30-day operative delay of the proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. 15 15 *See* 15 U.S.C. 78s(b)(3)(C). IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSE-2007-08 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSE-2007-08. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2007-08 and should be submitted on or before February 28, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 16 16 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1942 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55198; File No. SR-NYSE-2006-116] Self-Regulatory Organizations; New York Stock Exchange LLC; Order Approving Proposed Rule Change Amending Annual Report Timely Filing Requirements January 30, 2007. I. Introduction On December 14, 2006, the New York Stock Exchange, Inc. (“NYSE” or “Exchange”) submitted to the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to amend Section 802.01E of its Listed Company Manual (“Manual”) to end, as of December 31, 2007, the Exchange's discretion to continue the listing of certain companies that are twelve months late in filing their annual reports with the Commission. The proposed rule change was published for public comment in the **Federal Register** on December 28, 2006. 3 The Commission received no comment letters regarding the proposed rule change. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 Securities Exchange Act Release No. 54977 (December 20, 2006), 71 FR 78249. II. Description of the Proposed Rule Change The Exchange proposes to amend Section 802.01E of the Manual to end, as of December 31, 2007, the Exchange's discretion to continue the listing of certain companies that are twelve or more months late in filing their annual reports 4 with the Commission. 4 The term “annual report” used herein refers to the filing of Forms 10-K, 10-KSB, 20-F, 40-F or N-CSR. Section 802.01E of the Manual provides that if a company fails to timely file a periodic annual report with the Commission, the Exchange will monitor the company and the status of the filing. If the company fails to file the annual report within six months from the filing due date, the Exchange may, in its sole discretion, allow the company's securities to be traded for up to an additional six-month period depending on the company's specific circumstances; but in any event if the company does not file its periodic annual report by the end of the one year period (“Initial Twelve-Month Period”), the Exchange will begin suspension and delisting procedures in accordance with the procedures in Section 804.00 of the Manual. Section 802.01E states that, in certain unique circumstances, a listed company that is delayed in filing its annual report beyond the Initial Twelve-Month Period may have a position in the market (relating to both the nature of its business and its very large publicly held market capitalization) such that its delisting from the Exchange would be significantly contrary to the national interest and the interests of public investors. In such a case, where the Exchange believes that the company remains suitable for listing given, among other factors, 5 its relative financial health and compliance with the NYSE's quantitative and qualitative listing standards, and where there is a reasonable expectation that the company will be able to resume timely filings in the future, the Exchange may forebear, at its sole discretion, from commencing suspension and delisting, notwithstanding the company's failure to file within the time periods specified in Section 802.01E of the Manual. 5 *See* Section 802.01E of the Manual for a complete list of the factors that the Exchange must consider when determining whether to continue listing a company beyond the Initial Twelve-Month Period. The Exchange has determined that it is unnecessary for the Exchange to retain the discretion to allow companies to continue to be listed beyond the Initial Twelve-Month Period after December 31, 2007. Therefore, under this proposed amendment, the Exchange's discretion to allow a company to continue to be listed beyond the Initial Twelve-Month Period set forth in Section 802.01E of the Manual shall expire on December 31, 2007. If, prior to December 31, 2007, the Exchange had determined to continue listing a company beyond the Initial Twelve-Month Period under the circumstances specified in Section 802.01E of the Manual as described above, 6 and the company fails to file its periodic annual report by December 31, 2007, suspension and delisting procedures will commence in accordance with the procedures set out in Section 804.00 of the Manual. 6 *See supra* note 5 and accompanying text. III. Discussion The Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange. In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(5) of the Act 7 which requires an Exchange to have rules that are designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest. 8 7 15 U.S.C. 78f(b)(5). 8 In approving the proposed rule change, the Commission has considered its impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). Specifically, the Commission believes that eliminating the Exchange's discretion to continue the listing of certain companies that are twelve months late in filing their annual reports will encourage listed companies to file any late annual reports as quickly as practicable. This should benefit the public interest and protect investors by helping to assure that investors receive up to date financial information about listed companies. Eliminating the Exchange's discretion to not commence delisting of a company past the Initial 12 Month Period ensures that companies cannot continue to trade on the Exchange for extended periods of time without making publicly available their required annual reports. V. Conclusion *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 9 that the proposed rule change (SR-NYSE-2006-116) is approved. 9 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 10 10 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1943 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55216; File No. SR-NYSE-2006-109] Self-Regulatory Organizations; New York Stock Exchange LLC; Order Granting Approval of Proposed Rule Change Relating to NYSE Regulation, Inc. Policies Regarding Exercise of Power To Fine NYSE Member Organizations and Use of Money Collected as Fines January 31, 2007. On December 6, 2006, the New York Stock Exchange LLC (“Exchange” or “NYSE”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 to adopt internal procedures for NYSE Regulation, Inc. (“NYSE Regulation”) to assure the proper exercise by NYSE Regulation of its power to fine member organizations of the Exchange and the proper use by NYSE Regulation of the funds so collected. The proposed rule change was published for comment in the **Federal Register** on December 29, 2006. 3 The Commission received no comments on the proposal. This order approves the proposed rule change. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 *See* Securities Exchange Act Release No. 55003 (December 22, 2006), 71 FR 78497 (“Notice”). The Commission has reviewed carefully the proposed rule change and finds that it is consistent with the requirements of Section 6 of the Act 4 and the rules and regulations thereunder applicable to a national securities exchange. 5 In particular, the Commission finds that the proposed rule change is consistent with Section 6(b)(4) of the Act, 6 which requires that the rules of the exchange provide for the equitable allocation of reasonable dues, fees, and other charges among the exchange's members and issuers and other persons using its facilities. The Commission also finds that the proposed rule change is consistent with Section 6(b)(5) of the Act, 7 which requires, among other things, that the rules of the exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. 4 15 U.S.C. 78f. 5 In approving this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). 6 15 U.S.C 78f(b)(4). 7 15 U.S.C. 78f(b)(5). The Commission believes that the proposed rule change should help to increase transparency regarding the processes NYSE Regulation has in place to ensure that the power of the Exchange, through NYSE Regulation, to impose fines on its members for disciplinary violations is exercised appropriately, and particularly to guard against the possibility that fines may be assessed to respond to budgetary needs rather than to serve a disciplinary purpose. *It is therefore ordered* , pursuant to Section 19(b)(2) of the Act, 8 that the proposed rule change (SR-NYSE-2006-109) is approved. 8 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 9 9 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1947 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55214; File No. SR-NYSEArca-2006-50] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto Relating to Amendments to Registration Rules of NYSE Arca Equities, Inc. January 31, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on November 14, 2006, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities” or “Corporation”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Exchange filed Amendment No. 1 to the proposed rule change on January 12, 2007. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 2 I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly owned subsidiary NYSE Arca Equities, proposes to amend certain NYSE Arca Equities Rules governing registration of employees of Equity Trading Permit (“ETP”) Holders 3 in order to clarify registration procedures and make them consistent with the procedures of other self-regulatory organizations (“SROs”). The text of the proposed rule change is available at NYSE Arca, the Commission's Public Reference Room, and *www.nysearca.com/regulation/filings.asp.* 3 *See* NYSE Arca Equities Rule 1.1(n). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend NYSE Arca Equities Rules 2.4, 2.21, and 9.27 (referred to herein as Rules 2.4, 2.21 and 9.27) in order to clarify registration procedures and ongoing compliance obligations for ETP Holders and their registered persons. Further, the Exchange proposes to amend these rules so that they are consistent with industry practices and with the operation of the Central Registration Depository (“CRD”) system maintained by the National Association of Securities Dealers, Inc. (“NASD”). The proposed rule changes are similar to the rules of other SROs. 4 4 *See* NASD Rules 1070(d) and 1120(a) and
(b)and New York Stock Exchange LLC (“NYSE”) Rule 345A and Supplementary Material .15(1)(b) to NYSE Rule 345. Consideration of Requests for Waivers of Examination Requirements The Exchange proposes to amend Rule 2.4(c), which governs requests from ETP Holder applicants to waive applicable examinations requirements prescribed by the Exchange. Specifically, the Exchange proposes to add new waiver standards under which the Corporation has discretion to grant waivers so that the Exchange's practices are generally consistent with the criterion set forth in NASD Rule 1070(d) and Supplementary Material .15(1)(b) to NYSE Rule 345. Filing of Registration Documentation with the Exchange The Exchange proposes to amend Rule 2.21, which governs registration procedures for employees of ETP Holders. Specifically, the Exchange proposes to amend the rule to provide manual registration procedures for registration categories ( *e.g.* , floor clerk) for which CRD does not provide electronic registration. 5 5 In 2005, NYSE Arca (formerly Pacific Exchange, Inc.) became a participant of the CRD system for maintenance of certain registration categories with the Exchange. As part of this implementation, applicable rules of the Exchange were amended to address filing appropriate registration documentation electronically with the CRD system for employees of ETP Holders. These amended rules, however, inadvertently omitted certain registration procedures for positions not available on the CRD system. Continuing Education Requirements Currently, employees of ETP Holders who wish to initiate and maintain registration with the Corporation must follow two separate rules—Rules 2.21 and 9.27. Rule 2.21 sets forth initial registration requirements, whereas Rule 9.27 sets forth the continuing education requirements that must be satisfied to maintain registration with the Corporation. In order to simplify compliance for employees of ETP Holders, the Exchange proposes to provide continuing registration requirements in the same rule as initial registration requirements. Specifically, the Exchange proposes to add continuing education requirements to new Rule 2.21(d) and certain definitions and clarifications with respect thereto to new Commentary .01-.06 to Rule 2.21. The continuing education requirements in proposed new Rule 2.21(d) and related Commentary .01-.06 to Rule 2.21 are substantially similar to those contained in current Rule 9.27(c) and
(d)and related Commentary .01-.06 to Rule 9.27(c) and (d), except that the Exchange has made certain clarifications so that the continuing education requirements and related definitions and clarifications are more closely aligned with NASD Rule 1120 and NYSE Rule 345A and other clean-up changes, as set forth in detail below. Specifically, the Exchange proposes in Rule 2.21(d)(1) that the content of the Regulatory Element of the program shall be consistent with the standards set forth by the Corporation and other SROs, rather than just determined by the Corporation as is set forth in the current Rule 9.27(c). In addition, the Exchange proposes to add language in Rule 2.21(d)(2)(B)(i) providing that if an ETP Holder's analysis establishes the need for supervisory training for persons with supervisory responsibilities, such training must be included in the ETP Holder's training plan. Such language is not included in the current Rule 9.27(d)(2)(A). The Exchange has not proposed for inclusion NASD's continuing education requirements applicable to research analysts because the Corporation does not provide for research analyst registration. Additionally, unlike current NASD Rule 1120(a)(6), the Corporation is not proposing to permit ETP Holders to self-administer the Regulatory Element of continuing education, as the Corporation does not have the resources or capability to offer an approval process or monitoring of such self-administered programs. ETP Holders will be responsible for ensuring continuing education information related to their associated persons is received by the firm in a timely manner and, as such, shall designate a person or persons to receive applicable information via electronic mail directly from the CRD system. ETP Holders will not be required to submit to the Corporation the names of such designated persons, as is required by the current NASD rule. This is based on the fact that the Corporation does not have a contact management system comparable to that of NASD. With respect to the proposed new Commentary to Rule 2.21, the Exchange proposes to add a definition of “registered person” to Commentary .01 to Rule 2.21 as is currently set forth in Commentary .01 to Rule 9.27(c) and (d), except that the definition that the Exchange is proposing does not include the carve-out for “any such person whose activities are limited solely to the transaction of business on the facilities of the Corporation with ETP Holders or registered broker-dealers.” In addition, the Exchange proposes in Commentary .04 to Rule 2.21 to correct a mistake in the language in Commentary .04 to Rule 9.27(c) and
(d)to provide that reassociated registered persons shall participate in the Regulatory Element at intervals based on their initial base date, rather than their new base date. Lastly, the Exchange proposes in Commentary .06 to Rule 2.21 to change the reference of “any registered member who is an ETP Holder,” which is currently in Commentary .06 to Rule 9.27(c) and (d), to “any registered person associated with an ETP Holder” in order to be consistent with the language of other SROs. In connection with the addition of proposed new Rule 2.21(d) and Commentary .01-.06 to Rule 2.21 as set forth above, the Exchange proposes to delete the specific continuing education requirements in Rule 9.27(c) and
(d)and the related Commentary .01-.06 to Rule 9.27(c) and (d). The purpose for deleting the continuing education requirements in Rule 9.27(c) and
(d)is to avoid needless repetition and risk of inconsistencies. The Exchange proposes to include cross-reference language in Rule 9.27(c) that provides that registered persons shall follow the continuing education requirements set forth in Rule 2.21(d). In addition, the Exchange proposes to delete current Rule 2.21(i) with respect to transition to the CRD system because registration with CRD is already provided for in Rule 2.21(a). 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act 6 in general, and furthers the objectives of Section 6(b)(5) 7 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov* . Please include File Number SR-NYSEArca-2006-50 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2006-50. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of NYSE Arca. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2006-50 and should be submitted on or before February 28, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 8 8 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-2000 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55194; File No. SR-NYSEArca-2007-11] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to NYSE Arca Marketplace Trading Sessions January 30, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on January 26, 2007, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”), through its wholly owned subsidiary NYSE Arca Equities, Inc. (“NYSE Arca Equities”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. The Exchange filed the proposal pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposed rule change effective upon filing with the Commission. 1 15 U.S.C.78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to update the list in NYSE Arca Equities Rule 7.34 of securities eligible to trade in one or more, but not all three, of the Exchange's trading sessions. The securities to be added to the list are:
(1)Ultra Russell 2000 ProShares;
(2)Ultra SmallCap600 ProShares;
(3)Short Russell 2000 ProShares;
(4)Short SmallCap600 ProShares;
(5)UltraShort Russell 2000 ProShares;
(6)UltraShort SmallCap600 ProShares (each a “Fund”). The shares of each Fund (“Shares”) are traded on NYSE Arca, L.L.C. (“NYSE Arca Marketplace”), the equities trading facility of NYSE Arca Equities, pursuant to unlisted trading privileges (“UTP”). The text of the proposed rule change is available on the Exchange's Web site ( *http://www.nysearca.com* ), at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose NYSE Arca Equities Rule 7.34 currently provides, in part, that the NYSE Arca Marketplace shall have three trading sessions each day: An Opening Session (1 a.m. Pacific Time (“PT”) to 6:30 a.m. PT), a Core Trading Session (6:30 a.m. PT to 1 p.m. PT), and a Late Trading Session (1 p.m. PT to 5 p.m. PT), and that the Core Trading Session for securities described in NYSE Arca Equities Rules 5.1(b)(13), 5.1(b)(18), 5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 (each, a “Derivative Securities Product”) shall conclude at 1:15 pm PT. 5 5 NYSE Arca Equities Rules 5.1(b)(13), 5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 relate to Unit Investment Trusts, Investment Company Units, Portfolio Depositary Receipts, Trust Issued Receipts, Commodity-Based Trust Shares, Currency Trust Shares, Commodity Index Trust Shares, Partnership Units, and Paired Trust Shares, respectively. *See* Securities Exchange Act Release No. 54997 (December 21, 2006), 71 FR 78501 (December 29, 2006) (SR-NYSEArca-2006-77) (relating to amendments to NYSE Arca Equities Rule 7.34); Securities Exchange Act Release No. 55178 (January 25, 2007) (SR-NYSEArca-2007-02) (relating to additional amendments to NYSE Arca Equities Rule 7.34). The Exchange also includes in NYSE Arca Equities Rule 7.34 a list of those securities which are eligible to trade in one or more, but not all three, of the Exchange's trading sessions and maintains on its Web site a list that identifies all securities traded on the NYSE Arca Marketplace that do not trade for the duration of each of the three sessions specified in NYSE Arca Equities Rule 7.34. The Exchange proposes to add the following securities to these lists:
(1)Ultra Russell 2000 ProShares;
(2)Ultra SmallCap600 ProShares;
(3)Short Russell 2000 ProShares;
(4)Short SmallCap600 ProShares;
(5)UltraShort Russell 2000 ProShares;
(6)UltraShort SmallCap600 ProShares. 6 These securities are traded on the NYSE Arca Marketplace pursuant to UTP and are Investment Company Units, described in Exchange Rule 5.2(j)(3). 6 The Commission approved the trading of the Shares of the Funds on the NYSE Arca Marketplace pursuant to UTP in Securities Exchange Act Release No. 55125 (January 18, 2007), 72 FR 3462 (January 25, 2007) (SR-NYSEArca-2006-87). 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act, 7 in general, and furthers the objectives of Section 6(b)(5), 8 in particular, in that it is designed to facilitate transactions in securities, to promote just and equitable principles of trade, to enhance competition, and to protect investors and the public interest. 7 15 U.S.C. 78f(b). 8 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has neither solicited nor received written comments on the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:
(i)Significantly affect the protection of investors or the public interest;
(ii)Impose any significant burden on competition; and
(iii)Become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, it has become effective pursuant to Section 19(b)(3)(A) of the Act 9 and Rule 19b-4(f)(6) thereunder. 10 9 15 U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires an exchange to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Commission has determined to waive the five-day pre-filing notice requirement in this case. The Exchange has asked the Commission to waive the 30-day operative delay. The Commission believes that such waiver is consistent with the protection of investors and the public interest because the proposed rule change should provide transparency and more clarity with respect to the trading hours eligibility of certain derivative securities products and should promote consistency in the trading halts of derivative securities. The Commission notes that this filing does not change the trading hours of the Derivative Securities Products listed in Rule 7.34, but codifies trading hour sessions that have been established through other rule changes or through the use of the Exchange's generic listing standards pursuant to Rule 19b-4(e) under the Act. For these reasons, the Commission designates the proposed rule change as operative immediately. 11 11 For purposes only of accelerating the operative date of this proposal, the Commission has considered the rule's impact on efficiency, competition, and capital formation. *See* 15 U.S.C. 78c(f). At any time within 60 days of the filing of the proposed rule change the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2007-11 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2007-11. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro/shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File number SR-NYSEArca-2007-11 and should be submitted by February 28, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1938 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55215; File No. SR-NYSEArca-2006-51] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto Relating to Amendments to Registration Rules of NYSE Arca, Inc. January 31, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”), 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on November 14, 2006, NYSE Arca, Inc. (“NYSE Arca” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange. The Exchange filed Amendment No. 1 to the proposed rule change on January 12, 2007. The Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend certain NYSE Arca Rules governing registration of OTP Holders 3 and employees of Option Trading Permit (“OTP”) Firms 4 in order to:
(i)Clarify registration procedures and make them consistent with the procedures of other self-regulatory organizations (“SROs”), and
(ii)include an additional registration category in connection with the Exchange's new options trading platform, OX. 5 The text of the proposed rule change is available at NYSE Arca, the Commission's Public Reference Room, and *www.nysearca.com/regulation/filings.asp* . 3 *See* NYSE Arca Rule 1.1(q). 4 *See* NYSE Arca Rule 1.1(r). 5 *See* Securities Exchange Act Release No. 54238 (July 28, 2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13). II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend NYSE Arca Rules 2.5, 2.23, 6.33, 6.34A and 9.27 (referred to herein as Rules 2.5, 2.23, 6.33, 6.34A and 9.27) in order to clarify registration procedures and ongoing compliance obligations for OTP Holders and OTP Firms and their registered persons. Further, the Exchange proposes to amend these rules so that they are consistent with industry practices and with the operation of the Central Registration Depository (“CRD”) system maintained by the National Association of Securities Dealers, Inc. (“NASD”). The proposed rule changes are similar to the rules of other SROs. 6 6 *See* NASD Rules 1070(d) and 1120(a) and
(b)and New York Stock Exchange LLC (“NYSE”) Rule 345A and Supplementary Material .15(1)(b) to NYSE Rule 345. Registration Category The Exchange proposes to amend Rule 2.5(b)(10)(A) to include the registration category, Market Maker Authorized Trader, 7 for individuals who perform market making activity on behalf of an OTP Firm on the OX trading facility. This registration category is new at this time because Market Maker Authorized Traders did not exist at NYSE Arca until the adoption of the OX trading rules in July 2006. 8 These individuals will be required to maintain registration requirements similar to existing Market Makers on the Exchange. 7 *See* NYSE Arca Rule 6.1A(9). 8 *See* note 5, *supra* . Exceptions to Required Registration Examinations The Exchange proposes to further amend Rule 2.5(b)(10)(A) to include certain exceptions to the registration examination requirements. Currently, similar, but not identical, exceptions are included as circumstances under which the Exchange will consider a waiver of the registration examination requirements under Rule 2.5(c), as described below. The Exchange believes that the added exceptions are clear cases when registration requirements need not apply, and does not believe that it is necessary to consider similar circumstances on a case-by-case basis as required under the waiver provisions in Rule 2.5(c). Consideration of Requests for Waivers of Examination Requirements The Exchange proposes to amend Rule 2.5(c), which governs requests from OTP Firm applicants to waive applicable examinations requirements prescribed by the Exchange. Specifically, the Exchange proposes to add new waiver standards under which the Exchange has discretion to grant waivers so that the Exchange's practices are generally consistent with the criterion set forth in NASD Rule 1070(d) and Supplementary Material .15(1)(b) to NYSE Rule 345 and to make other clarifications. In connection with changing the waiver standards, the Exchange also proposes to delete the remainder of Rule 2.5(c), which sets forth specific listed instances when the Exchange will waive required examinations. The purpose for deleting this language is because the Exchange proposes:
(i)Waiver standards under which the Exchange has discretion to grant waivers rather than specific listed circumstances, which is consistent with the other SROs as noted above, and
(ii)to make certain of these specific instances actual exceptions to the registration examination requirements in Rule 2.5(b)(10)(A), rather than circumstances under which the Exchange will consider a waiver. As explained above, the Exchange believes that such circumstances are clear cases when registration requirements need not apply, and does not believe that it is necessary to consider such circumstances on a case-by-case basis as required under the waiver provisions in Rule 2.5(c). Filing of Registration Documentation With the Exchange The Exchange proposes to amend Rule 2.23, which governs registration procedures for employees of OTP Firms. Specifically, the Exchange proposes to amend the rule to provide manual registration procedures for registration categories ( *e.g.* , floor clerk) for which CRD does not provide electronic registration. 9 9 In 2005, NYSE Arca (formerly Pacific Exchange, Inc.) became a participant of the CRD system for maintenance of certain registration categories with the Exchange. As part of this implementation, applicable rules of the Exchange were amended to address filing appropriate registration documentation electronically with the CRD system for employees of ETP Holders. These amended rules, however, inadvertently omitted certain registration procedures for positions not available on the CRD system. Continuing Education Requirements Currently, employees of OTP Firms who wish to initiate and maintain registration with the Exchange must follow two separate rules—Rules 2.23 and 9.27. Rule 2.23 sets forth initial registration requirements, whereas Rule 9.27 sets forth the continuing education requirements that must be satisfied to maintain registration with the Exchange. In order to simplify compliance for employees of OTP Firms, the Exchange proposes to provide continuing registration requirements in the same rule as initial registration requirements. Specifically, the Exchange proposes to add continuing education requirements to new Rule 2.23(d) and certain definitions and clarifications with respect thereto to new Commentary .01-.06 to Rule 2.23. The continuing education requirements in proposed new Rule 2.23(d) and related Commentary .01-.06 to Rule 2.23 are substantially similar to those contained in current Rule 9.27(c) and
(d)and related Commentary .01-.06 to Rule 9.27(c) and (d), except that the Exchange has made certain clarifications so that the continuing education requirements and related definitions and clarifications are more closely aligned with NASD Rule 1120 and NYSE Rule 345A and other clean-up changes, as set forth in detail below. Specifically, the Exchange proposes in Rule 2.23(d)(1) that the content of the Regulatory Element of the program shall be consistent with the standards set forth by the Exchange and other SROs, rather than just determined by the Exchange as is set forth in the current Rule 9.27(c). In addition, the Exchange proposes to add language in Rule 2.23(d)(2)(B)(i) providing that if an OTP Firm's or an OTP Holder's analysis establishes the need for supervisory training for persons with supervisory responsibilities, such training must be included in the OTP Firm's or OTP Holder's training plan. Such language is not included in the current Rule 9.27(d)(2)(A). The Exchange has not proposed for inclusion NASD's continuing education requirements applicable to research analysts because the Exchange does not provide for research analyst registration. Additionally, unlike current NASD Rule 1120(a)(6), the Exchange is not proposing to permit OTP Firms or OTP Holders to self-administer the Regulatory Element of continuing education, as the Exchange does not have the resources or capability to offer an approval process or monitoring of such self-administered programs. OTP Firms and OTP Holders will be responsible for ensuring continuing education information related to their associated persons is received by the firm in a timely manner and, as such, shall designate a person or persons to receive applicable information via electronic mail directly from the CRD system. OTP Firms and OTP Holders will not be required to submit to the Exchange the names of such designated persons, as is required by the current NASD rule. This is based on the fact that the Exchange does not have a contact management system comparable to that of NASD. With respect to the proposed new Commentary to Rule 2.23, the Exchange proposes to add a definition of “registered person” to Commentary .01 to Rule 2.23 as is currently set forth in Commentary .01 to Rule 9.27(c) and (d), except that the definition that the Exchange is proposing does not include the carve-out for “any such person whose activities are limited solely to the transaction of business on the facilities of the Exchange,” but rather includes a carve-out for “such persons who are not subject to the registration requirements for traders as set forth in Rule 2.5(b)(10)(A).” In addition, the Exchange proposes in Commentary .03 to Rule 2.23 to correct a mistake in the language in Commentary .03 to Rule 9.27(c) and
(d)to provide that reassociated registered persons shall participate in the Regulatory Element at intervals based on their initial base date, rather than their new base date. Lastly, the Exchange proposes in Commentary .06 to Rule 2.23 to change the reference of “any registered member who is an OTP Holder,” which is currently in Commentary .06 to Rule 9.27(c) and (d), to “any registered person who is associated with an OTP Firm or OTP Holder” in order to be consistent with the language of other SROs. In connection with the addition of proposed new Rule 2.23(d) and Commentary .01-.06 to Rule 2.23 as set forth above, the Exchange proposes to delete the specific continuing education requirements in Rule 9.27(c) and
(d)and the related Commentary .01-.06 to Rule 9.27(c) and (d). The purpose for deleting the continuing education requirements in Rule 9.27(c) and
(d)is to avoid needless repetition and risk of inconsistencies. The Exchange proposes to include cross-reference language in Rule 9.27(c) that provides that registered persons shall follow the continuing education requirements set forth in Rule 2.23(d). In addition, the Exchange proposes to delete current Rule 2.23(i) with respect to transition to the CRD system because registration with CRD is already provided for in Rule 2.23(a). *Orientation Program for Certain Market Makers and Market Maker Authorized Traders* The Exchange proposes to amend Rules 6.33 and 6.34A(b)(2) to provide that Market Maker and Market Maker Authorized Trader applicants to the Exchange who have previously successfully completed the required examination and have been absent from registration with the Exchange in such capacity for six months or more will be required to complete an orientation program prescribed by the Exchange. The Exchange proposes these rule changes because it believes that Market Makers and Market Maker Authorized Traders that have been absent from the Exchange for six months or more should be required to take a program to reacquaint them with the requirements of the Exchange due to the length of time that they have been absent from the Exchange. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) of the Act, 10 in general, and furthers the objectives of Section 6(b)(5) 11 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments on the proposed rule change were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period
(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or
(ii)as to which the Exchange consents, the Commission will:
(A)By order approve such proposed rule change, or
(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number SR-NYSEArca-2006-51 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NYSEArca-2006-51. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of NYSE Arca. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2006-51 and should be submitted on or before February 28, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1999 Filed 2-6-07; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10796] Missouri Disaster # MO-00009 Declaration of Economic Injury AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Economic Injury Disaster Loan
(EIDL)declaration for the State of Missouri, dated 02/01/2007. *Incident:* Severe Winter Storms. *Incident Period:* 11/30/2006 through 12/02/2006. EFFECTIVE DATE: 02/01/2007. *EIDL Loan Application Deadline Date:* 11/01/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's EIDL declaration, applications for economic injury disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Camden, Hickory, Morgan. *Contiguous Counties:* Missouri: Benton, Cooper, Dallas, Laclede, Miller, Moniteau, Pettis, Polk, Pulaski, Saint Clair. *The Interest Rate is:* 4.000. The number assigned to this disaster for economic injury is 107960. The State which received an EIDL Declaration # is Missouri. (Catalog of Federal Domestic Assistance Number 59002) Steven C. Preston, Administrator. [FR Doc. E7-2007 Filed 2-6-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10787] Missouri Disaster Number MO-00008 AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Missouri (FEMA-1676-DR), dated 01/15/2007. *Incident:* Severe Winter Storms and Flooding. *Incident Period:* 01/12/2007 through 01/22/2007. EFFECTIVE DATE: 01/22/2007. *Physical Loan Application Deadline Date:* 03/16/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of MISSOURI, dated 01/15/2007, is hereby amended to establish the incident period for this disaster as beginning 01/12/2007 and continuing through 01/22/2007. All other information in the original declaration remains unchanged. (Catalog of Federal Domestic Assistance Number 59008) Herbert L. Mitchell, Associate Administrator for Disaster Assistance. [FR Doc. E7-2008 Filed 2-6-07; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of denial to waive the Nonmanufacturer Rule for Demountable Cargo Containers Manufacturing (Dry Freight Containers/Connex Boxes). SUMMARY: The U.S. Small Business Administration
(SBA)is denying a request for a waiver of the Nonmanufacturer Rule for Demountable Cargo Containers Manufacturing (Dry Freight Containers/Connex Boxes) based on our recent discovery of small business manufacturers for this class of products. Denying this waiver will require recipients of contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program to provide the products of small business manufacturers or processors on such contracts. DATES: This notice of denial is effective February 22, 2007. FOR FURTHER INFORMATI0N CONTACT: Edith Butler, Program Analyst, by telephone at
(202)619-0422; by FAX at
(202)481-1788; or by e-mail at *edith.butler@sba.gov.* SUPPLEMENTARY INFORMATION: Section 8(a)(17) of the Small Business Act (Act), 15 U.S.C. § 637(a)(17), requires that recipients of Federal contracts set aside for small businesses, service-disabled veteran-owned small businesses, or SBA's 8(a) Business Development Program provide the product of a small business manufacturer or processor, if the recipient is other than the actual manufacturer or processor of the product. This requirement is commonly referred to as the Nonmanufacturer Rule. The SBA regulations imposing this requirement are found at 13 CFR § 121.406(b). Section 8(a)(17)(b)(iv) of the Act authorizes SBA to waive the Nonmanufacturer Rule for any “class of products” for which there are no small business manufacturers or processors available to participate in the Federal market. As implemented in SBA's regulations at 13 CFR § 121.1202(c), in order to be considered available to participate in the Federal market for a class of products, a small business manufacturer must have submitted a proposal for a contract solicitation or received a contract from the Federal government within the last 24 months. The SBA defines “class of products” based on a six digit coding system. The coding system is the Office of Management and Budget North American Industry Classification System (NAICS). The SBA received a request on December 7, 2006, to waive the Nonmanufacturer Rule for Demountable Cargo Containers Manufacturing (Dry Freight Containers/Connex Boxes). In response, on December 21, 2006, SBA published in the **Federal Register** a notice of intent to waive the Nonmanufacturer Rule for Demountable Cargo Containers Manufacturing (Dry Freight Containers/Connex Boxes). SBA explained in the notice that it was soliciting comments and sources of small business manufacturers of this class of products. In response to that December 21, 2006 notice, SBA received comments from small business manufacturers indicating that it has furnished this product to the Federal government. Accordingly, based on the available information, SBA has determined that there are small business manufacturers of this class of products, and, is therefore denying the class waiver of the Nonmanufacturer Rule for Demountable Cargo Containers Manufacturing (Dry Freight Containers/Connex Boxes), NAICS 336212. Dated: February 2, 2007. Arthur Collins, Acting Associate Administrator for Government Contracting. [FR Doc. E7-2028 Filed 2-6-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q) During the Week Ending January 19, 2007 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. *Docket Number:* OST-2007-26980. *Date Filed:* January 17, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* February 7, 2007. *Description:* Application of Jade Cargo International Company Limited requesting a foreign air carrier permit authorizing it to engage in charter foreign air transportation of property and mail between any point or points in the People's Republic of China, on the one hand, and any point or points in the United States, on the other hand. *Docket Number:* OST-1996-2016. *Date Filed:* January 18, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* February 8, 2007. *Description:* Application of Delta Air Lines, Inc. requesting renewal of its certificate authority to engage in scheduled foreign air transportation of persons, property, and mail between Atlanta, GA, and the coterminal points Sao Paulo and Rio de Janeiro, Brazil. *Docket Number:* OST-2007-27019. *Date Filed:* January 19, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* February 9, 2007. *Description:* Application of Delta Air Lines, Inc. requesting
(i)a certificate of public convenience and necessity to engage in scheduled foreign air transportation of persons, property, and mail between the United States and China,
(ii)seven weekly frequencies for that service, and
(iii)a U.S.-China designation. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7-1995 Filed 2-6-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q) During the Week Ending January 26, 2007 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. *Docket Number:* OST-2007-27060. *Date Filed:* January 23, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* February 13, 2007. *Description:* Application of Zoom Airlines Limited (“Zoom”) requesting an exemption and a foreign air carrier permit authorizing Zoom to provide
(1)scheduled foreign air transportation of persons, property and mail between London, England (London Gatwick Airport) and New York, NY (John F. Kennedy International Airport), and
(2)charter foreign air transportation of persons, property and mail between a point(s) in the United Kingdom, on the one hand, and a point(s) in the United States, on the other, and other charter flights. *Docket Number:* OST-2007-27074. *Date Filed:* January 23, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* February 13, 2007. *Description:* Application of Lynx Aviation, Inc. requesting a certificate of public convenience and necessity authorizing interstate scheduled air transportation of persons, property and mail. *Docket Number:* OST-2007-27056. *Date Filed:* January 22, 2007. *Due Date for Answers, Conforming Applications, or Motion to Modify Scope:* February 12, 2007. *Description:* Application of Polar Air Cargo, Inc. (“Polar”) requesting that the Department
(i)disclaim jurisdiction over a proposed corporate re-organization in which Polar will be converted from a California corporation to a California limited liability company bearing the name Polar Air Cargo, LLC, and transfer its certificates of public convenience and necessity, exemptions, designations, frequency allocations and related operating authorities (the “Authorities”) to Polar Air Worldwide, Inc. (“Polar Worldwide”), a Delaware corporation, which will continue air carrier operations under the “Polar Air Cargo” brand, or
(ii)in the alternative, approve the transfer of the Authorities to Polar Worldwide. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E7-1996 Filed 2-6-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Corridors of the Future Program AGENCY: Department of Transportation (DOT). ACTION: Notice; announcement of proposals selected to advance to Phase 2 of the Corridors of the Future Program. SUMMARY: The U.S. Department of Transportation
(DOT)announces the selection of the Corridors of the Future
(CFP)Phase 1 proposals to be advanced to Phase 2 of the CFP. Through the CFP selection process, the DOT will select up to 5 nationally significant transportation corridors in need of investment for the purpose of reducing congestion, increasing freight system reliability, and enhancing the quality of life for U.S. citizens. The DOT has identified 8 nationally significant corridors comprised of 14 CFP proposals that have the potential to alleviate congestion and provide national and regional long-term benefits to further economic growth and international trade within the corridors and across the Nation. Several of these proposals are multimodal and multi-jurisdictional in nature. DATES: The proposals selected for Phase 2 of the CFP are invited to submit a Corridor Application. Applications must be received on or before May 25, 2007. ADDRESSES: Proposals selected for Phase 2 should submit their Corridor Application to Mr. James D. Ray, Chief Counsel, Federal Highway Administration, 400 Seventh Street, SW., Room 4213, Washington, DC 20590, or electronically to *corridorsofthefuture@dot.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Michael W. Harkins, Attorney-Advisor,
(202)366-4928 ( *michael.harkins@dot.gov* ), or Ms. Alla C. Shaw, Attorney-Advisor,
(202)366-1042 ( *alla.shaw@dot.gov* ), Federal Highway Administration, Office of the Chief Counsel, 400 Seventh Street, SW., Room 4230, Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: *Electronic Access:* An electronic copy of this document may also be downloaded from the Office of the Federal Register's home page at: *http://www.archives.gov* and the Government Printing Office's Web page at: *http://www.access.gpo.gov/nara* . *Background:* On September 5, 2006, the DOT published a notice in the **Federal Register** seeking applications from States, or private sector entities, interested in forming coalitions to build and manage corridors in a way that alleviates congestion on our highways, rail, or waterways (71 FR 52364). The notice outlined a two-phase submission and selection process. For Phase 1, interested parties were asked to submit proposals containing general information about the proposed corridor projects. The DOT received 38 proposals during Phase I and evaluated each proposal against the primary objectives of the CFP. The DOT established a team comprised of representatives from DOT's surface transportation administrations with expertise in the areas of finance, environment and planning, infrastructure, and operations to review the proposals. Proposals were selected to move forward to Phase 2 based on each Applicant's responsiveness to the information requested for Phase 1 and the ability of the proposed project to achieve the primary goals of the CFP, including the development of corridors with national and regional significance in the movement of freight and people, congestion reduction, and the use of innovative financing. Based on the recommendations of the Phase 1 review team, the DOT has identified 8 major corridors comprised of 14 CFP proposals that have the potential to achieve the goals of the CFP. The 8 corridors and 14 proposals selected for Phase 2 of the CFP are as follows: 1. Interstate 95 (I-95) A. I-95—Submitted by the Florida, Georgia, South Carolina, North Carolina and Virginia DOTs. B. I-95—Submitted by the Interstate 95 Corridor Coalition. C. The Southeast Interstate 95 Corridor—Submitted by CSX Corporation. 2. Interstate 80 (I-80) A. I-80 Nevada—Submitted by the Regional Transportation Commission, Reno, Nevada on behalf of the I-80 Coalition. B. I-80 California—Submitted by the California DOT. 3. Interstate 15 (I-15) A. I-15 Corridor California—Submitted by the California DOT. B. I-15 Nevada—Submitted by the Nevada DOT. 4. Northern Tier (Interstates 80, 90, and 94) A. Detroit/Chicago National/International Corridor of Choice (I-94) (National Freight Node and Link)—Submitted by the Michigan DOT. B. Illiana Expressway and Freight Corridor (National Freight Node)—Submitted by the Indiana and Illinois DOTs, Northwestern Indiana Regional Planning Commission, and Chicago Metropolitan Agency for Planning. 5. Interstate 5 (I-5) A. I-5 in the Portland, Oregon and Vancouver, Washington metropolitan area—Submitted by the Oregon and Washington State DOTs. B. I-5 Corridor California—Submitted by the California DOT. 6. Interstate 70 (I-70) Dedicated Truck Lanes Corridor Missouri to Ohio—Submitted by the Indiana DOT in partnership with the Missouri, Illinois, and Ohio DOTs. 7. Interstate 69 (I-69)—Submitted by Arkansas State Highway and Transportation Department on behalf of the I-69 Corridor Coalition. 8. Interstate 10 (I-10)—Submitted by Wilbur Smith Associates. The proposals selected for Phase 2 of the CFP are invited to submit a Corridor Application as described in the September 5, 2006, notice. Corridor Applications must be received on or before May 25, 2007. Authority: 49 U.S.C. 101. Issued on: February 1, 2007. Maria Cino, Deputy Secretary. [FR Doc. E7-1979 Filed 2-6-07; 8:45 am] BILLING CODE 4910-22-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No: FTA-2006-23511] Notice of Final Agency Guidance on the Eligibility of Joint Development Improvements Under Federal Transit Law AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Final Agency Guidance. SUMMARY: This final Agency guidance describes the eligibility of “joint development” improvements under 49 U.S.C. 5301 *et seq.* (Federal transit law) by interpreting the definition and operation of the term “capital project” as defined at 49 U.S.C. 5302(a)(1)(G), and as amended by Section 3003(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This final Agency guidance is the culmination of three notices issued by the Federal Transit Administration (FTA or Agency), the first of which appeared in the **Federal Register** on January 31, 2006. FTA intends to publish the text of this final Agency guidance as a stand-alone FTA Circular titled The Eligibility of Joint Development Improvements under Federal Transit Law. DATES: *Effective Date:* The effective date of this final Agency guidance is February 7, 2007. *Availability of the Final Agency Guidance and Comments:* Copies of this final Agency guidance and comments and material received from the public, as well as any documents indicated in the preamble as being available in the docket, are part of docket number FTA-2006-23511. For access to the DOT docket, please go to *http://dms.dot.gov* at any time or to the Docket Management System facility, U.S. Department of Transportation, Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jayme L. Blakesley, Attorney-Advisor, Office of Chief Counsel, Federal Transit Administration, 400 Seventh Street, SW., Washington, DC 20590-0001,
(202)366-0304, *jayme.blakesley@dot.gov* ; or Robert J. Tuccillo, Associate Administrator, Office of Budget & Policy, Federal Transit Administration, 400 Seventh Street, SW., Washington, DC 20590-0001,
(202)366-4050, *Robert.tuccillo@dot.gov.* Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: This document is organized in the following sections: I. Background II. Final Agency Guidance on the Eligibility of Joint Development Improvements under Federal Transit Law III. Response to Comments Received Appendix A: Joint Development Checklist Appendix B: Certificate of Compliance I. Background This final Agency guidance describes the eligibility of “joint development” improvements under 49 U.S.C. 5301 *et seq.* (Federal transit law). The Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users (SAFETEA-LU) enacted certain amendments to the definition of the term “capital project” as used in 49 U.S.C. 5302(a)(1)(G) relating to “joint development” activities by recipients of Federal funds under Federal transit law. This amendment permits the Federal Transit Administration (FTA or Agency) to issue public transportation grants “for the construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” including the construction, renovation, and improvement of commercial revenue-producing intercity bus stations or terminals. In doing so, it modifies the underlying policy of joint development improvements, and therefore enhances the ability of FTA grantees to work with the private sector and others for purposes of joint development. To ensure maximum benefit to the people who ride public transportation, to FTA grantees that choose to sponsor joint development improvements (each, a project sponsor), and to their joint development partners, this final Agency guidance
(i)Seeks to afford FTA grantees maximum flexibility within the law to work with the private sector and others for purposes of joint development,
(ii)generally defers to the decisions of the project sponsor, negotiating and contracting at arm's length with third parties, to utilize federal transit funds and program income for joint development purposes, and
(iii)aims to promote transit-oriented development, subject to the broad parameters set forth herein. This final Agency guidance is the culmination of three notices issued by FTA, the first two of which appeared in the **Federal Register** on January 31, 2006, at 71 FR 5107, and March 26, 2006, at 71 FR 15513. These notices were superseded by a Notice of Proposed Agency Guidance and Request for Comments on the Eligibility of Joint Development Improvements under Federal Transit Law published by FTA on September 12, 2006, in the **Federal Register** at 71 FR 53745. In the past, FTA has appended its guidance on the eligibility of joint development to its Circulars 5010.1, 9300.1 and 9030.1, guidance for new Major Capital Investments, Grants Management, and Formula Capital Grants, respectively. FTA has decided to consolidate these appendices into one Circular on the eligibility of joint development improvements. FTA intends to publish the text of this final Agency guidance as a stand-alone FTA Circular titled The Eligibility of Joint Development Improvements under Federal Transit Law. FTA hereby adopts the following guidance in accordance with the procedures for notice and an opportunity for the public to comment set forth at 49 U.S.C. 5334(l) and in FTA's Notice of Final Policy Statement for Implementation of Notice and Comment Procedures for Documents Imposing “Binding Obligations,” as published in the **Federal Register** on June 5, 2006. II. Final Agency Guidance on the Eligibility of Joint Development Improvements Under Federal Transit Law This final Agency guidance describes the eligibility of “joint development” improvements under 49 U.S.C. 5301 *et seq.* (Federal transit law). The Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users (SAFETEA-LU) enacted certain amendments to the definition of the term “capital project” as used in 49 U.S.C. 5302(a)(1)(G) relating to “joint development” activities by recipients of Federal transit funds. This amendment permits the Federal Transit Administration (FTA or Agency) to issue public transportation grants “for the construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” including the construction, renovation, and improvement of commercial revenue-producing intercity bus stations or terminals. In doing so, it modifies the underlying policy of joint development improvements, and therefore enhances the ability of FTA grantees to work with the private sector and others for purposes of joint development. To ensure maximum benefit to the people who ride public transportation, to FTA grantees that choose to sponsor joint development improvements (project sponsor), and to their joint development partners, this final Agency guidance
(i)Seeks to afford FTA grantees maximum flexibility within the law to work with the private sector and others for purposes of joint development,
(ii)generally defers to the decisions of the project sponsor, negotiating and contracting at arm's length with third parties, to utilize federal transit funds and program income for joint development purposes, and
(iii)aims to promote transit-oriented development, subject to the broad parameters set forth herein. Table of Contents This final Agency guidance is organized in the following sections: I. Eligibility Criteria a. Definition of “Capital Project” b. “Enhances Economic Development or Incorporates Private Investment” i. “Enhances Economic Development” ii. “Incorporates Private Investment” c. “Enhances the Effectiveness of a Public Transportation Project” d. “Related Physically or Functionally” i. “Physically Related” ii. “Functionally Related” e. “Establishes New or Enhanced Coordination between Public Transportation and Other Transportation” i. “New or Enhanced Coordination” ii. “Public Transportation” iii. “Other Transportation” f. “Provides a Fair Share of Revenue for Public Transportation that Will Be Used for Public Transportation” g. “Reasonable Share of the Costs of the Facility” II. Eligible Activities a. Real Estate Acquisition b. Demolition of Existing Structures c. Site Preparation d. Building Foundations e. Utilities f. Walkways g. Open Space h. Safety and Security Equipment and Facilities i. Construction, Renovation, and Improvement of Bus and Intercity Rail Stations and Terminals j. Facilities that Incorporate Community Services k. Capital Project, and Equipment, for an Intermodal Transfer Facility or Transportation Mall l. Furniture, Fixtures and Equipment m. Parking n. Project Development Activities o. Professional Services III. Ineligible Activities a. Construction of a Commercial Revenue-Producing Facility or Part of a Public Facility Not Related to Public Transportation IV. Federal Requirements a. Ground Lease or Transfer of Federally Assisted Real Estate b. Federally Assisted Construction of Joint Development Improvements c. National Environmental Policy Act V. Real Property VI. Applicability of Third Party Contracting Requirements VII. Satisfactory Continuing Control VIII. Eligibility Procedures Appendix A—Joint Development Checklist Appendix B—Certificate of Compliance I. Eligibility Criteria a. Definition of “Capital Project” Federal transit law defines a “capital project” for joint development as follows: A public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation. 49 U.S.C. 5302(a)(1)(G). This definition establishes the following criteria for determining whether a joint development improvement is eligible for funding pursuant to a program established under Federal transit law: The public transportation improvement must
(i)Enhance economic development or incorporate private investment; (ii)(a) Enhance the effectiveness of a public transportation project and relate physically or functionally to that public transportation project, or
(b)establish new or enhanced coordination between public transportation and other transportation; and
(iii)provide a fair share of revenue for public transportation that will be used for public transportation. In addition, a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means. 49 U.S.C. 5302(a)(1)(G)(i). Joint development improvements shall be eligible for FTA funding if they satisfy the criteria set forth above, and do not fall within the exclusion detailed at 49 U.S.C. 5302(a)(1)(G)(ii), which excludes the construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation. b. “Enhances Economic Development or Incorporates Private Investment” As noted above, it is a threshold requirement for Federal funding of a public transportation improvement as joint development that such improvement either
(i)Enhance economic development or
(ii)incorporate private investment. 1 1 In accordance with the statute's use of the disjunctive “or,” rather than the conjunctive “and,” FTA shall determine that a transportation improvement satisfies the threshold requirement for funding as joint development if the transportation improvement either
(i)Enhances economic development or
(ii)incorporates private investment (the disjunctive), and shall not require that the transportation improvement satisfy each of
(i)and
(ii)(the conjunctive). i. “Enhances Economic Development” This criterion requires that a joint development improvement enhance economic development. A grantee may satisfy this criterion by demonstrating that the joint development improvement will add value to privately- or publicly funded economic development activity occurring in close proximity to a public transportation facility. ii. “Incorporates Private Investment” Any joint development improvement that incorporates private investment shall satisfy this criterion. Private investment need not be monetary; it may take the form of cash, real property, or other benefit to be generated initially or over the life of the joint development improvements. FTA shall not set a monetary threshold for private investment. Rather, the amount and form of private investment shall be negotiated by the parties to the joint development improvement. c. “Enhances the Effectiveness of a Public Transportation Project” Any reasonable forecast of joint development impacts that enhance the effectiveness of a public transportation project shall satisfy this criterion. These impacts may include, but are not limited to, any of the following: Increased ridership, shortened travel times, and lessened or deferred transit operating or capital costs. d. “Related Physically or Functionally” The disjunctive requirement of physical “or” functional relationship provides that a joint development improvement may be built separately from, but in functional relationship to, a public transportation project. Therefore, a joint development improvement satisfies this element if it is related physically or functionally to a public transportation project. i. “Physically Related” A joint development improvement is “physically related” to a public transportation project if it provides a direct physical connection to public transportation services or facilities. Illustrative, but not exhaustive, examples of physical relationships include
(i)Projects built within or adjacent to public transportation facilities and
(ii)projects using air rights over public transportation facilities. ii. “Functionally Related” A joint development improvement is “functionally related” to a public transportation project if by activity and use, with or without a direct physical connection, it
(i)Enhances the use of, connectivity with or access to public transportation; or
(ii)provides a transportation-related service (such as, but not limited to, remote baggage handling or shared ticketing) or community services (such as daycare or health care) to the public. Considerations include a reduction in travel time between the joint development project and the public transportation facility, reasonable access between the joint development project and the public transportation facility, and increased trip generation rates resulting from the relationship between the joint development project and the public transportation facility. While the functional relationship test of activity and use permits the use of FTA funds for joint development improvements located outside the structural envelope of a public transportation project, and may extend across an intervening street, major thoroughfare or unrelated property, functional relationships should not extend beyond the distance most people can be expected to safely and conveniently walk to use the transit service (in certain cases, for example, within a radius of 1,500 feet around the center of the public transportation project). e. “Establishes New or Enhanced Coordination Between Public Transportation and Other Transportation” 2 2 Subsection (e), “New or Enhanced Coordination,” explains the second method for complying with a disjunctive requirement. As explained in section (I)(d) of this document, a joint development improvement may satisfy this requirement by
(i)Relating physically or functionally to a public transportation project *or*
(ii)establishing new or enhanced coordination between public transportation and other transportation. Any reasonable forecast of joint development impacts that establish new or enhanced coordination between public transportation and other transportation shall satisfy this criterion. FTA shall accept any reasonably supported judgment of new or enhanced coordination from the project sponsor. i. “New or Enhanced Coordination” To establish new or enhanced coordination, a joint development improvement must create or enhance the physical or functional connections between public transportation and other transportation. 3 3 This requirement is similar to, but not the same as, the requirement of physical or functional relationship described at subsection (d)(i) and (ii). The two are distinct, disjunctive requirements, but they share common criteria. A project could satisfy both requirements, but need only satisfy one to qualify for funding as a joint development improvement. Visualized as such, the disjunctive requirement would appear as a Venn diagram—separate requirements with overlapping criteria. Examples of physical connections that establish new or enhanced coordination include, but are not limited to, proximate or shared ticket counters, termini, park-and-ride lots, taxicab bays, passenger drop-off points, waiting areas, bicycle paths and sidewalks connecting public transportation to other transportation facilities. Projects that shorten the distance between public transportation termini and other transportation shall be presumed to enhance coordination. Examples of functional connections that establish new or enhanced coordination include, but are not limited to, shared or coordinated signage, schedules, and ticketing. ii. “Public Transportation” Section 5307(a)(7) of Title 49 defines “public transportation” as transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 4 (or a successor to such entity).” 4 National Railroad Passenger Corporation (“Amtrak”). iii. “Other Transportation” FTA interprets the term “other transportation,” as used in 49 U.S.C. 5307(a)(1)(G), to mean all forms of transportation that are not public transportation, including, but not limited to, airplane, school bus, charter bus, sightseeing vehicle, intercity bus and rail, automobile, taxicab, bicycle and pedestrian transportation. f. “Provides a Fair Share of Revenue for Public Transportation That Will Be Used for Public Transportation” The third criterion for determining whether a joint development improvement is eligible for funding pursuant to a program established under Federal transit law is that the improvement “provides a fair share of revenue for public transportation that will be used for public transportation.” 5 49 U.S.C. 5302(a)(1)(G). FTA will not define the term “fair share of revenue,” nor will it set a monetary threshold. What is a fair share of revenue, and what form it should take, 6 shall be negotiated between the parties involved in the joint development improvement. The only requirements are:
(i)That the recipient's Board of Directors (or similar governing body) determines, following reasonable investigation, that the terms and conditions of the joint development improvement (including, without limitation, the share of revenues for public transportation which shall be provided thereunder) are commercially reasonable and fair to the recipient; and
(ii)that such revenue shall be used for public transportation. This enhances the ability of a public transportation provider to negotiate for financial benefits in exchange for the benefits it will convey through the joint development improvement. 5 This criterion should not be confused with the requirement of 49 U.S.C. 5302(a)(1)(G)(i) that “a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means.” 6 For example, “fair share of revenue” need not be a direct payment of revenue by an intercity bus provider to a transit agency but may take the form of an increase in revenues received by a transit agency, whether in its capacity as landlord or otherwise, as a result of enhanced passenger traffic created by the service of a jointly developed facility by an intercity bus provider, provided that the transit agency and intercity bus provider together designate and report to FTA the source of such “fair share of revenue.” FTA grantees shall expend the “fair share of revenue” in accordance with the common grant rule of 49 CFR 18.1-18.52. g. “Reasonable Share of the Costs of the Facility” While not a criterion to determine eligibility, as noted above, it is nonetheless required that any “person making an agreement to occupy space in a facility under [49 U.S.C. 5302(a)(1)(G)] shall pay a reasonable share of the costs of the facility through rental payments and other means.” FTA shall not require a specific valuation methodology and shall accept any reasonable valuation methodology used by the grantee to determine a reasonable share of the costs of the facility. II. Eligible Activities Subject to the eligibility criteria detailed at section I above, joint development improvements expressly include the following: • Commercial and residential development; • pedestrian and bicycle access to a public transportation facility; • construction, renovation, and improvement of intercity bus and intercity rail stations and terminals; and • renovation and improvement of historic transportation facilities. 49 U.S.C. 5302(a)(1)(G). These and other joint development improvements will be eligible for FTA funding if they satisfy the criteria set forth above, and do not fall within the exclusion detailed at 49 U.S.C. 5302(a)(1)(G)(ii), which excludes the construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation. 7 7 Many aspects of commercial and residential development will be excluded by 49 U.S.C. 5302(a)(1)(G)(ii), which makes ineligible for FTA financial assistance the “construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation.” It is important to note, however, that commercial and residential development is not excluded wholesale. For example, space in an FTA-funded facility may be made available for commercial revenue-producing activities and for connections to revenue producing activities. Similarly, non-commercial, non-revenue-producing aspects of commercial and residential developments may be eligible for FTA financial assistance, subject to the criteria detailed at section (I). Costs related to a joint development improvement are only eligible for Federal transit funding pursuant to a budget contained in an approved grant. FTA cannot approve funding for costs associated with a joint development improvement that are not contained in an approved grant budget. FTA Regional Administrators approve joint development proposals as part of the grant approval process. Eligible costs for joint development improvements include, but are not limited to, the following: a. Real Estate Acquisition, including the acquisition of real property and structures thereon; 8 8 Note that certain costs in connection with real estate acquisition (such as costs associated with eminent domain and relocation assistance) shall be eligible, as provided by the respective statutes and regulations. a. Demolition of Existing Structures; b. Site Preparation; c. Building Foundations, including substructure improvements for buildings constructed over transit facilities; d. Utilities, including utility relocation and construction; e. Walkways, including bicycle lanes and pedestrian connections and access links between public transportation services and related development; f. Open Space, including site amenities and related streetscape improvements such as street furniture and landscaping; g. Safety and Security Equipment and Facilities, including lighting, surveillance and related intelligent transportation applications; h. Construction, renovation, and improvement of intercity bus and intercity rail stations and terminals; i. Facilities that Incorporate Community Services, such as daycare or health care; j. Capital Project, and Equipment, for an Intermodal Transfer Facility or Transportation Mall, including acquisition of facilities and equipment, roadbeds, tracks and bus ramps, pedestrian concourses, loading shelters, parking facilities, park-and-ride services, improvements of existing bus or rail transit terminals, stations, major transfer points, and shelters as well as other facilities directly related to the linking of public transportation facilities with other modes of transportation; k. Furniture, Fixtures and Equipment (FFE), Transportation-related FFE are eligible costs in all cases. However, due to the exclusion of commercial revenue-producing facilities (other than an intercity bus station or terminal) and public facilities not related to public transportation at 49 U.S.C. 5302(a)(1)(G)(ii), FFE related to commercial revenue-producing facilities (other than an intercity bus station or terminal) or public facilities not related to public transportation are considered ineligible. FFE related to an intercity bus station or terminal are eligible costs; l. Parking, including parking improvements with a public transportation justification and use or an intercity bus or intercity rail justification and use in connection with joint development; and m. Project Development Activities, including design, engineering, construction cost estimating, environmental analysis, real estate packaging and financial projections (operating income and expenses, debt service and cash flow analysis), and negotiations to secure financing and tenants; n. Professional Services, including reasonable and necessary costs incurred to hire professionals to prepare or perform items a through n above, or to assist the grantee in reviewing the same. III. Ineligible Activities a. Construction of a Commercial Revenue-Producing Facility or Part of a Public Facility Not Related to Public Transportation Eligible costs do not include construction of commercial revenue producing facilities (other than an intercity bus station or terminal) or part of a public facility not related to public transportation. IV. Federal Requirements FTA's Master Agreement contains the standard terms and conditions governing the administration of a project supported with Federal assistance awarded by FTA through a grant agreement or cooperative agreement with the recipient, or supported by FTA through a Transportation Infrastructure (TIFIA) Loan, loan guarantee, or line of credit with the recipient. Not every provision of the Master Agreement will apply to every project for which FTA provides Federal assistance through a grant agreement or cooperative agreement. The type of project, the Federal laws and regulations authorizing Federal assistance for the project, and the legal status of the recipient as a State or local government, private non profit entity, or private for profit entity will determine which Federal laws, regulations, and directives apply. Federal laws, regulations, and directives that do not apply will not be enforced. The recipient shall comply with all applicable Federal laws, regulations, and directives, except to the extent that FTA determines otherwise in writing. Any violation of a Federal law, regulation, or directive applicable to the recipient or its project may result in penalties to the violating party. Applicable crosscutting requirements likely to apply to joint development improvements include, but are not limited to, the following: a. Ground Lease or Transfer of Federally Assisted Real Estate If the joint development improvement involves a ground lease or transfer of federally-funded real estate and there is no Federal assistance for new improvements, then the following requirements apply to the lessee or transferee and must be incorporated into the lease or the conveyance instrument: i. language found at 49 CFR 26.7 binding the lessee or transferee not to discriminate based on race, color, national origin, or sex; ii. language found at 49 CFR 27.7; 27.9(b) and 37 binding the lessee or transferee not to discriminate based on disability and binding the same to compliance with the Americans with Disabilities Act with regard to any improvements constructed; and iii. language contained in FTA's Master Agreement, updated annually in October, particularly relating to conflicts of interest and debarment and suspension. b. Federally Assisted Construction of Joint Development Improvements If the construction of improvements is also federally assisted, then the following requirements will apply and must be incorporated into the lease or the conveyance or encumbrance instrument: iv. Buy America—language making it clear that the steel, iron, and manufactured goods used in the joint development project are produced in the United States, as described in 49 U.S.C. 5323(j) and 49 CFR 661; v. Planning and Environmental Analysis—language making it clear that the grantee must comply with, and the joint development project is subject to the requirements of: 1. The FHWA/FTA metropolitan and statewide planning regulations at 23 CFR 450; 2. The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 *et seq.* ; 3. Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” 59 FR 7629, Feb. 16, 1994; 4. FTA statutory requirements on environmental matters at 49 U.S.C. 5324(b); Council on Environmental Quality regulations on compliance with the NEPA, 40 CFR 1500 *et seq.* ; 5. FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 CFR 771; 6. Section 106 of the National Historic Preservation Act, 16 U.S.C. 470f, involving historic and archaeological preservation; Advisory Council on Historic Preservation regulations on compliance with Sec. 106, “Protection of Historic and Cultural Properties,” 36 CFR 800; and 7. Restrictions on the use of certain publicly owned lands and historic resources, unless the FTA makes the specific findings required by 49 U.S.C. 303. vi. Cargo Preference—language making it clear that items imported from abroad and used in the joint development improvements were shipped predominantly on U.S.-flag ships and that the project complies with 46 CFR 381, to the extent these regulations apply to the joint development; vii. Seismic Safety—language certifying that a structure conforms to seismic safety standards, as contained in 49 CFR 41; viii. Energy Assessments—Language making it clear that the transferee(s) or joint developer agrees to perform a mandatory, energy assessment as prescribed by 23 CFR 771 and 42 U.S.C. 8373(b)(1) for any buildings constructed, reconstructed or modified with FTA assistance. The assessment shall be incorporated into the Environmental Impact Statement or Environmental Assessment, if the project has one; otherwise the assessment shall be provided with the application for FTA assistance; ix. Lobbying—49 CFR 20; x. Labor Protection—Language making it clear that the transferee or joint developer will adhere to labor protection requirements applying to Federal projects, such as Davis-Bacon—49 U.S.C. § 5333(a) and 40 U.S.C. 3141 *et seq.* , and 29 CFR 5; Copeland “Anti-Kickback” Act as amended, 18 U.S.C. 874 and 29 CFR 3; and Contract Work Hours and Safety Standards Act, 40 U.S.C. 3701 *et seq.,* and 29 CFR 5 and at 40 U.S.C. 3704; as well as 49 U.S.C. 5333(b) concerning protection of transit employees; xi. Civil Rights Requirements—49 U.S.C. 5332 and DOT implementing regulations at 49 CFR 21 (effecting Title VI of the Civil Rights Act of 1964), 49 CFR 26 (participation by Disadvantaged Business Enterprises in DOT financial assistance programs) and 49 CFR 27 and 37 (respectively, nondiscrimination on the basis of disability in programs or activities receiving Federal financial assistance and transportation services for individuals with disabilities); xii. Program Fraud—grantees agree to comply with Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 *et seq.* and 49 CFR 31. Penalties may apply for noncompliance; xiii. Language making it clear that the level of Federal participation in the joint development improvement provides no U.S. Government obligation to third parties in the project; and xiv. Uniform Relocation—If the federally-funded site to be improved is occupied by other than the grantee and the occupant is displaced, the transferee(s) or joint developer must comply with 42 U.S.C. 4601 *et seq.* and the regulations at 49 CFR 24. c. National Environmental Policy Act
(NEPA)In any instance in which FTA determines that NEPA applies to the joint development improvement, the level of environmental analysis will depend upon the complexity of the project and its likely impacts. In some instances, minimal review will be necessary, in which case FTA may issue a Categorical Exclusion. Generally, however, joint development activities that portend significant environmental impacts will necessitate the preparation of an Environmental Assessment or an Environmental Impact Statement. FTA is available to provide guidance on the environmental review process. See generally the FTA Environmental Impact and Related Procedures at 23 CFR 771. V. Real Property Real property acquired by a grantee or subgrantee pursuant to 49 U.S.C. 5302(a)(1)(G) shall be governed by 49 U.S.C. 5334(h), as amended, and subject to the obligations and conditions set forth in 49 CFR 18.31 as amended, which require the grantee or subgrantee to request disposition instructions from FTA whenever real property is no longer needed for the originally authorized purpose. 9 9 FTA shall rely on the parties to joint development transactions, including, notably, transit agencies, to determine the appropriate use and disposition of real property used in joint development improvements, so long as such disposition and use complies with applicable statutes and duly promulgated regulations of FTA. For example, FTA shall no longer apply, and shall not require its grantees to apply, its administratively-derived test of “highest and best transit use” (or any other tests) for determining the value of real property used in FTA-funded joint development improvements, including the disposition of real property connected to a joint development improvement. In the past, FTA relied on 49 CFR 18.25(g) as its authority for requiring (and determining in its discretion) the “highest and best transit use” of such property. No such requirement is expressly authorized or required by 49 CFR 18.25(g), however. VI. Applicability of Third Party Contracting Requirements FTA's third party contracting requirements, which appear in FTA Circular 4220.1E, have limited applicability to joint development projects. As described on page 12 of Circular 4220.1E, the third-party contracting requirements must apply to the federally funded construction aspects of joint development. With regard to revenue contracts as defined in the circular, FTA will work with grantees on a case-by-case basis to craft approaches that satisfy the statutory and regulatory requirements while preserving the benefits of this innovative contracting strategy to the maximum possible extent. If a contract between a grantee and a third party involving a joint development project is not a construction contract or a revenue contract as defined by Circular 4220.1E, then such contract is not covered by FTA's third party contracting requirements. Paragraph 7.n. of Circular 4220.1E defines “revenue contracts” as “those third party contracts whose primary purpose is to either generate revenues in connection with a transit related activity or to create business opportunities utilizing an FTA funded asset.” Revenue contracts in joint development projects that do not meet this primary purpose test are not covered by the third party contracting requirements. For example, third party contracts to manage, operate, and/or maintain intercity bus or intercity rail terminals that are part of FTA-funded joint development projects or tenancy agreements with third party intercity bus or intercity rail operators are not covered revenue contracts. The primary purpose of such contracts is to carry out the congressional intent to give grantees the flexibility to integrate intercity rail and intercity bus terminals and their related services into FTA-funded joint development projects. Even in situations not covered by the third party contracting requirements, FTA generally favors full and open competition. However, where the third party contracting requirements are not involved, FTA leaves it to the full discretion of the grantees to determine the appropriate extent and nature of competition, if any, for such contracts. For example, in cases involving management of intercity bus or rail terminals or tenancy agreements in those terminals, FTA recognizes that given the unique nature of the national intercity rail and bus systems, a competitive procurement process for such contracts may not be appropriate. VII. Satisfactory Continuing Control For purposes of this guidance and the Certificate of Compliance, “satisfactory continuing control” shall not mean complete operating or managerial control of a joint development facility. In determining whether “satisfactory continuing control” with respect to a joint development capital project is maintained, the project sponsor and FTA shall consider, as a primary factor, whether the project sponsor has the right and power to direct that such project shall be used for activities eligible for funding under Federal transit law. VIII. Eligibility Procedures Before becoming eligible for FTA funding, a joint development improvement must be approved by the FTA Regional Administrator, or his designee, responsible for the project sponsor's locality. Only FTA grantees may sponsor a joint development improvement. The project sponsor may submit a joint development proposal at any time. FTA approval shall be contingent upon the project sponsor certifying that the joint development improvement conforms to the criteria set forth above and that the project conforms to the requirements of the common grant rule found at 49 CFR 18.31. There are two methods for seeking approval for a joint development project:
(i)If the joint development improvement conforms to the specifics of the Certificate of Compliance, then the project sponsor may expedite FTA approval by executing the Certificate of Compliance and submitting it to FTA along with a completed Joint Development Checklist and a Joint Development Agreement; or
(ii)if the joint development improvement will deviate from the specifics of the Certificate of Compliance, then the project sponsor must substitute an “alternative certification,” which certification shall include an explanation of compliance with 49 U.S.C. 5302(a)(1)(G) and 49 CFR 18. In all cases, the project sponsor must submit a completed Joint Development Checklist, a proposed Joint Development Agreement, and either
(i)An executed Certificate of Compliance or
(ii)an alternative certification. By submitting a completed Joint Development Checklist, the project sponsor shall certify that the proposed joint development improvement conforms to the criteria of 49 U.S.C. 5302(a)(1)(G) as outlined above. By signing the Certificate of Compliance, the project sponsor shall certify, among other things, that the proposed joint development improvement conforms to the requirements of 49 CFR 18.31. An alternative certification must explain compliance with 49 U.S.C. 5302(a)(1)(G) and 49 CFR 18 together with supporting documentation, in each case in form and substance satisfactory to FTA in its reasonable discretion. The FTA Regional Administrator, or his designee, shall approve all proposals that meet the criteria described herein. Like all projects funded by FTA, joint development improvements are subject to the applicable crosscutting requirements. The Joint Development Checklist and Certificate of Compliance are attached hereto as Appendix A and B respectively. Appendix A—Joint Development Checklist BILLING CODE 4910-57-P EN07FE07.016 BILLING CODE 4910-57-C APPENDIX B—CERTIFICATE OF COMPLIANCE: Certificate of Compliance Effective as of the date hereof, the undersigned hereby certifies and covenants to the Federal Transit Administration (“FTA”) as follows: 1. *Title.* Subject to the obligations and conditions set forth in 49 CFR 18.31, as amended, title to real property acquired under a grant or subgrant for FTA Project Number___, [insert project title here] (the “Project”), shall vest in the undersigned or subgrantee thereof (collectively or individually, as the case may be, the “Grantee”). 2. *Use.* Except as otherwise provided by Federal statutes, real property shall only be used for the originally authorized purposes (which may include Joint Development purposes that generate program income, both during and after the award period and used to support public transportation activities) as long as needed for such purposes, and that the Grantee shall not dispose of or encumber its title or other interests. 3. *Disposition.* When real property acquired with funds provided by FTA for the Project is no longer needed for the purpose originally authorized by FTA, the Grantee shall request disposition instructions from FTA and shall agree that, unless otherwise authorized by FTA, such disposition shall be made in accordance with applicable law, including without limitation 49 U.S.C. 5334(h) and 49 CFR 18.31. 4. *Federal Interest.* The Federal Government retains a Federal interest in any real property, equipment, and supplies financed with Federal assistance (“Project Property”) until, and to the extent that, the Federal Government relinquishes its Federal interest in such Project Property. 5. *Incidental Use.* Any incidental use of Project Property, as determined by FTA, shall not exceed that permitted under applicable Federal laws, regulations, and directives, including the requirements of FTA's Master Agreement. 6. *Encumbrance of Project Property.* The Grantee covenants to FTA as follows: a. *Written Transactions.* The Grantee agrees that it will not execute any transfer of title to the Project Property or enter into an instrument legally binding on the Grantee that would encumber Federal Interest in the Project Property. b. *Oral Transactions.* The Grantee agrees that it will not obligate itself in any manner to any third party with respect to Project Property. 7. *Notice to Joint Development Partner.* The undersigned has delivered to the Joint Development Partner a duly executed copy of this certificate, dated as of the date hereof, receipt of which has been acknowledged by the Joint Development Partner in writing to the undersigned on or before the date of execution of the Joint Development Agreement. 8. *Other Actions.* The Grantee
(a)Agrees that it will not take any action that encumbers the Federal Interest in the Project Property and
(b)hereby affirms that each of its representations and warranties set forth in the Master Agreement is true and correct in all material respects as of the date hereof. The Grantee agrees that nothing herein shall supersede, amend, modify or otherwise affect the provisions, terms or conditions set forth in the Master Agreement. 9. *Definitions.* a. “FTA” shall have the meaning provided in the preamble of this certificate. b. “Grantee” shall have the meaning provided in section
(1)of this certificate. c. “Joint Development” shall mean a capital project as defined by 49 U.S.C. 5302(a)(1)(G) that is eligible for funding pursuant to the terms and conditions set forth in [insert new Joint Development circular number]. d. “Joint Development Partner” shall mean the entity with which the Project Sponsor has partnered, through a Joint Development Agreement, to construct a joint development improvement pursuant to 49 U.S.C. 5302(a)(1)(G). e. “Master Agreement” shall mean that certain Master Agreement by and between FTA and the Grantee, as authorized by 49 U.S.C. 53, Title 23, United States Code (Highways), the National Capital Transportation Act of 1969, as amended, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, the Transportation Equity Act for the 21st Century, as amended, or other Federal laws that FTA administers, as the same may be lawfully revised, superseded or supplemented from time to time. f. “Project” shall have the meaning provided in section
(1)of this certificate. g. “Project Property” shall have the meaning provided in section
(4)of this certificate. 10. *No Estoppel.* The undersigned agrees that acceptance of this Certificate of Compliance by FTA shall not estop the Federal government from initiating or conducting, and shall not be used as a defense to any investigation, audit or inquiry by the Federal government following approval by FTA of the project. III. Response to Comments Received On September 12, 2006, FTA published in the **Federal Register** a Notice of Proposed Agency Guidance and Request for Comments on the Eligibility of Joint Development Improvements under Federal Transit Law (notice of proposed guidance) (71 FR 53745). In its notice of proposed guidance, FTA interpreted the definition and operation of the term “capital project” as defined at 49 U.S.C. § 5302(a)(1)(G), and as amended by Section 3003(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The text of FTA's notice of proposed guidance included sections on
(I)Eligibility criteria, including
(a)The definition of a “capital project,” and the criteria for determining whether a joint development improvement
(b)“enhances economic development or incorporates private investment,”
(c)“enhances the effectiveness of a public transportation project,”
(d)is “related physically or functionally,”
(e)“establishes new or enhanced coordination between public transportation and other transportation,”
(f)“provides a fair share of revenue for public transportation that will be used for public transportation,” and
(g)contributes a “reasonable share of the costs of the facility”;
(II)eligible activities;
(III)ineligible activities;
(IV)Federal requirements;
(V)eligibility procedures;
(VI)real property;
(VII)the applicability of third party contracting requirements;
(VIII)certificate of compliance; and
(IX)satisfactory continuing control.
(b)Definition of Capital Project;
(c)Eligibility Criteria;
(d)Eligible/Ineligible Activities;
(e)Eligibility Procedures;
(f)Real Property;
(g)Third Party Contracting;
(h)Certificate of Compliance;
(i)Satisfactory Continuing Control; and
(j)Miscellaneous.
(a)Notice of Proposed Guidance Generally The intended purpose of FTA's notice of proposed guidance was to ensure maximum benefit to the people who ride public transportation, to FTA grantees that choose to sponsor joint development improvements (the project sponsor), and to their joint development partners by
(i)Affording FTA grantees maximum flexibility within the law to work with the private sector and others for purposes of joint development,
(ii)generally deferring to the decisions of the project sponsor, negotiating and contracting at arm's length with third parties, to utilize Federal Transit funds and program income for joint development purposes, and
(iii)promoting transit-oriented development, subject to the broad parameters set forth therein. FTA received fourteen general comments. Nine commenters praised FTA's notice of proposed guidance. Two commenters asked FTA to clarify the scope and purpose of its proposed guidance, particularly whether FTA intends its final guidance to supplement or replace its prior guidance. One commenter encouraged FTA to place emphasis on joint development in its New Starts rating process. Another commenter suggested that FTA view local grantees as partners and not as adversaries. One commenter stated that the proposed guidance is inconsistent with regulation inasmuch as it compares fixed facilities with rolling stock. *FTA Response:* FTA is pleased by the number of commenters that support and praise its Proposed Guidance. FTA appended its past guidance on the eligibility of joint development to its Circulars 5010.1, 9300.1 and 9030.1, guidance for new Major Capital Investments, Grants Management, and Formula Capital Grants, respectively. FTA intends to publish this Final Guidance as a stand-alone circular titled “The Eligibility of Joint Development Improvements under Federal Transit Law.” This Final Guidance shall replace FTA's existing guidance on joint development, currently located at FTA Circulars 5010.1, 9300.1 and 9030.1. FTA is uncertain why the commenter viewed its proposed guidance as adversarial to FTA grantees, particularly since FTA's stated purpose is to afford grantees maximum flexibility within the law to work with the private sector and others for purposes of joint development. Similarly, FTA is unsure how its guidance is inconsistent, as the commenter did not identify the inconsistent comparisons between fixed facilities and rolling stock. Rather, the commenter stated that “FTA has nearly eliminated the ability to generate revenue from rolling stock.” FTA is unclear how it has eliminated the grantee's ability to generate revenue from rolling stock. Moreover, the comment is beyond the scope of this guidance, which speaks to joint development improvements, not rolling stock.
(b)Definition of Capital Project SAFETEA-LU enacted certain amendments to the definition of the term “capital project” as used in 49 U.S.C. 5302(a)(1)(G) relating to “joint development” activities by recipients of Federal funds under 49 U.S.C. 5301 *et seq.* (Federal transit law). In its notice of proposed guidance, FTA interpreted the definition and operation of these terms. Nine parties submitted comments on this topic. Seven commenters believe that FTA correctly interpreted the definition and operation of the terms “capital project” and “joint development” relating to 49 U.S.C. 5302(a)(1)(G). One commenter suggested that FTA use the statutory definition of joint development rather than attempting to create a new definition for this guidance. This same commenter asked FTA to define the term “historic transportation properties.” Another commenter asked FTA for clear definitions of “joint development,” “joint development activity,” “joint development project,” and “joint development improvement.” This same commenter inquired whether joint development is limited to development that includes a functionally required element of the transit facility, or encompasses development on federally assisted land, transferred by lease or sale, within walking distance of a transit stop that may only provide increased ridership for the transit agency. *FTA Response:* To the commenter that suggested FTA use the statutory definition of the term “joint development,” FTA responds by stating that it interprets the term “joint development” to mean any public transportation project, improvement or enhancement eligible for Federal transit funding pursuant to 49 U.S.C. 5302(a)(1)(G), a subsection of the statutory definition of “capital project.” FTA's use of the term joint development in this guidance document refers to the type of capital project defined at 49 U.S.C. 5302(a)(1)(G). FTA will not define the term “historic transportation properties” in this final Agency guidance. For information on historic properties, FTA refers the commenter to the National Historic Preservation Act located at 16 U.S.C. 470 *et seq.* Finally, joint development improvements are not limited to development that includes a functionally required element of the transit project. Any joint development improvement must, however, satisfy the statutory criteria at 49 U.S.C. 5302(a)(1)(G) to be eligible for funding pursuant to a program established under Federal transit law. This Circular seeks to afford FTA grantees maximum flexibility within the law to work with the private sector and others for purposes of joint development, and FTA generally will defer to the decisions of the project sponsor, negotiating and contracting at arm's length with third parties, to utilize Federal transit funds and program income for joint development purposes.
(c)Eligibility Criteria Section 5302(a)(1)(G) of Title 49 establishes the following criteria for determining whether a joint development improvement is eligible for funding pursuant to a program established under Federal transit law: The public transportation improvement must
(i)Enhance economic development or incorporate private investment; (ii)(a) Enhance the effectiveness of a public transportation project and relate physically or functionally to that public transportation project, or
(b)establish new or enhanced coordination between public transportation and other transportation; and
(iii)provide a fair share of revenue for public transportation that will be used for public transportation. In addition, a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means. FTA interpreted these criteria in its notice of proposed guidance, and will respond to comments criterion-by-criterion, in the order outlined above.
(i)Enhances Economic Development or Incorporates Private Investment In its notice of proposed guidance, FTA described the threshold requirement for Federal funding of a joint development improvement—that such improvement either enhance economic development or incorporate private investment. In accordance with the statute's use of the disjunctive “or,” rather than the conjunctive “and,” the notice of proposed guidance states that FTA shall determine that a transportation improvement satisfies the threshold requirement for funding as joint development if the transportation improvement either
(i)Enhances economic development or
(ii)incorporates private investment (the disjunctive), and shall not require that the transportation improvement satisfy each of
(i)and
(ii)(the conjunctive). FTA received three comments on this requirement, with one party offering two comments. All three comments favor FTA's description of the threshold requirement for Federal funding of a joint development improvement—that such improvement either enhance economic development or incorporate private investment. Two commenters agreed with FTA's reading of the eligibility requirements as disjunctive. The other commenter applauded FTA for not setting any monetary thresholds or providing limiting definitions of private investments. (ii)(a) Enhances the Effectiveness of a Public Transportation Project and Relates Physically or Functionally to That Public Transportation Project FTA received two comments on this criterion generally. Both commenters suggested that FTA specifically note in the Guidelines that if an intercity bus terminal or other facility meets the new or enhanced coordination test it does not have to meet the physically or functionally related test. FTA received four comments on the criterion that a joint development improvement enhance the effectiveness of a public transportation project. One party agreed with FTA's determination that any reasonable forecast of joint development impacts that enhance the effectiveness of a public transportation project shall satisfy this criterion. Another party disagreed, commenting that FTA's use of the term “reasonable” as the standard for evaluating this criterion may lead to an inconsistent evaluation of projects. A third party recommended that FTA make clear in section I of its guidance that a project sponsor's reliance on the past results of similarly situated projects is sufficient to form the basis of a reasonable forecast of joint development impacts that enhance the effectiveness of a public transportation project shall satisfy this criterion. Another commenter asked FTA to provide an additional explanation under section I(c) that would guide FTA staff to eliminate the presumed requirement for one-to-one replacement of park and ride spaces. FTA received ten comments on the criterion that a joint development improvement relate physically or functionally to a public transportation project. One commenter agreed that the functional relationship can be shown by activity or use, and agreed with how FTA defined these terms, but recommended that FTA specifically note in the guidance that if an intercity bus terminal or other facility meets the new or enhanced coordination test, it does not have to meet the physically or functionally related test. One commenter asked whether an intercity facility located miles away from a local transit center would satisfy this criterion; and recommended that in order for any intercity bus facility to receive Federal assistance, it should satisfy both requirements [physically and functionally related] in addition to being subject to a local grantee. This same commenter recommended that these facilities should not be separated by a major or busy street. Another commenter stated that a joint development improvement can be functionally related even if it is across a major thoroughfare or unrelated property from public transportation as long as it is within walking distance of the public transportation facility. One commenter suggested that there needs to be a strong functional relationship when there is no physical connection to a transit facility; that project sponsors should be required to commit to ensuring the functional connection by providing a clear connection for users; and that funding may be contingent upon a shuttle service connecting the joint development to a transit facility. In its notice of proposed guidance, FTA used 1500 feet around the center of a public transportation project as an example of the distance that most people can be expected to safely and conveniently walk to use the transit service. Four commenters expressed concern that 1500 feet is too short a distance, and worry that it may become the de facto limitation, despite being clearly labeled as an example. One of these commenters agreed that functional relationships should not extend beyond the distance most people can be expected to safely and conveniently walk to use the transit service. *FTA Response:* FTA directs the commenters to section I(a) of this final agency guidance, which indicates that if a joint development improvement satisfies the criterion of enhancing the effectiveness of a public transportation project and relates physically or functionally to that public transportation project, it need not establish new or enhanced coordination between public transportation and other transportation. The disjunctive nature of this criterion is also apparent in the box labeled “Public Transportation Benefit” on the Joint Development Checklist. FTA responds to the commenter that questioned FTA's use of the term “reasonable” by reminding the commenter that through this guidance FTA seeks to afford FTA grantees maximum flexibility within the law to work with the private sector and others for purposes of joint development, and generally defers to the decisions of the project sponsor, negotiating and contracting at arm's length with third parties. Successful joint development improvements necessitate this flexibility. FTA cannot state with certainty that a project sponsor's reliance on the past results of similarly situated projects is sufficient to form the basis of a reasonable forecast of joint development impacts that enhance the effectiveness of a public transportation project shall satisfy this criterion. Although past results may not be sufficient in all cases, FTA encourages project sponsors to utilize such results when forecasting joint development impacts that enhance the effectiveness of a public transportation. Any reasonable forecast shall satisfy this criterion. In response to the comments on the requirement that a joint development improvement be physically or functionally related to a public transportation project, FTA reemphasizes the following points, each of which is addressed in section I(d) of this final agency guidance: A joint development improvement is “physically related” to a public transportation project only if it provides a direct physical connection to public transportation services or facilities. A joint development improvement is “functionally related” to a public transportation project if by activity and use, with or without a direct physical connection, it
(i)Enhances the use of, connectivity with or access to public transportation; or
(ii)provides a transportation-related service or community service to the public. While the functional relationship test of activity and use permits the use of FTA funds for joint development improvements located outside the structural envelope of a public transportation project, and may extend across an intervening street, major thoroughfare or unrelated property, functional relationships should not extend beyond the distance most people can be expected to safely and conveniently walk to use the transit service (in certain cases, for example, within a radius of 1,500 feet around the center of the public transportation project). In all cases, an intercity facility located miles away from a public transportation project will not have a direct physical connection to that project because several miles is beyond the distance most people can be expected to safely and conveniently walk to use the public transportation project. FTA notes, however, that the distance most people can be expected to safely and conveniently walk to use the public transportation project may extend across an intervening street, major thoroughfare or unrelated property. FTA also notes that it intends its statement regarding the radius of 1,500 feet around the center of a public transportation project to be an example of a distance that is, in certain cases, within the distance most people can be expected to safely and conveniently walk to use transit service. It is an example, not the rule. Regarding one-to-one replacement of park and ride spaces, FTA believes the commenter was referring to language in FTA Circular C 5010.1C that describes a joint development transfer where a transit operator transfers land from a park-and-ride lot to a developer; the developer plans to construct residential units and retail space on this land; but because the development will generate more transit trips and more non-fare revenue than the displaced parking spaces provided, the transit operator is not required to replace the parking spaces on a one-to-one basis. Although this example is not contained in this final Agency guidance, the commenter is correct—FTA does not require a grantee to replace parking spaces on a one-to-one basis if those spaces are used for joint development purposes and using them for such purposes will not reduce the number of public transportation trips to and from that station.
(b)Establishes New or Enhanced Coordination Between Public Transportation and Other Transportation FTA received three comments on the criterion that a joint development improvement establish new or enhanced coordination between public transportation and other transportation. One commenter agreed that a public transportation improvement need only satisfy one of the criteria [(i) Enhance the effectiveness of a public transportation project and relate physically or functionally, or
(ii)establish new or enhanced coordination between public transportation and other transportation]. Another commenter suggested that FTA specifically note in its guidance that if an intercity bus terminal or other facility meets the “new or enhanced coordination” test it does not have to meet the “physically or functionally related” test. One commenter identified an error in the paragraph beginning with Examples of physical connections* * *” where the phrase “connection public transportation to *non* -transportation facilities” should have read “connecting public transportation to *other* transportation facilities.” *FTA Response:* FTA directs the commenter to section I(d) and footnote 2 at section I(e), which explain that a joint development improvement may satisfy this requirement by
(i)Relating physically or functionally to a public transportation project *or*
(ii)establishing new or enhanced coordination between public transportation and other transportation. FTA has corrected the error noted by the commenter and changed “non-transportation facilities” to “other transportation facilities.”
(iii)Fair Share of Revenue for Public Transportation That Will Be Used for Public Transportation In its notice of proposed guidance, FTA described the third criterion for determining whether a joint development improvement is eligible for funding pursuant to a program established under Federal transit law—that the improvement provide a fair share of revenue for public transportation that will be used for public transportation. Thirteen parties commented on this criterion. Four parties agree with FTA's position that what is a fair share of revenue, and what form it should take, shall be negotiated between the parties involved in the joint development improvement. One party stated that this position is “entirely consistent with good business practices and good stewardship.” Another party suggested that the fair share return should not rely solely upon an estimate of ridership increases, and recommended that FTA require that the fair share of revenue take the form of a cash income revenue stream to the grantee from its joint development partner or the project. Another commenter recommended that FTA explicitly state that the revenue stream that flows to a transit agency from a joint development project is not “program income” for purposes of 49 CFR 18. Six parties objected to the requirement that the project sponsor obtain a written opinion of counsel or other advisor (or FTA's agreement) that the share of revenue to public transportation is fair. These commenters noted that such decisions are more appropriate when coming from a transit agency official, questioned the effectiveness of an opinion of counsel, suggested that the certification be provided by a financial or real estate professional, and believe that this requirement adds nothing to the analysis. One commenter asked FTA to clarify the term “other advisor.” *FTA Response:* As stated in this guidance document, FTA will not define the term “fair share of revenue,” nor will it set a monetary threshold. What is a fair share of revenue, and what form it should take shall be negotiated between the parties involved in the joint development improvement. FTA will not require that a fair share of revenue rely on ridership estimates, nor will it state that the fair share of revenue is not program income. Income generated through joint development activities is considered program income, as defined at 49 CFR 18.25, and described in Section 19 of FTA's Master Agreement, which states that an appropriate use of project property “may include joint development purposes that generate program income, both during and after the award period and used to support public transportation activities.” FTA Master Agreement MA(13), 10-01-2006. Due to comments overwhelmingly opposed to language in the proposed guidance, FTA has eliminated from this final guidance the requirement that the project sponsor obtain a written opinion of counsel or other advisor (or FTA's agreement) that the share of revenue to public transportation is fair. Instead, and consistent with the policy principles embodied in this guidance, FTA shall defer to the decision of the project sponsor, negotiating and contracting at arm's length with third parties, to determine what is a fair share of revenue. The only requirements are:
(i)That the recipient's Board of Directors (or similar governing body) determines, following reasonable investigation, that the terms and conditions of the joint development improvement (including, without limitation, the share of revenues for public transportation which shall be provided thereunder) are commercially reasonable and fair to the recipient; and
(ii)that such revenue shall be used for public transportation. FTA has eliminated the term “other advisor” from this guidance document.
(iv)Pays a Reasonable Share of the Costs of the Facility While not a criterion to determine eligibility of a joint development improvement, Federal transit law requires that any person making an agreement to occupy space in a facility under 49 U.S.C. 5302(a)(1)(G) shall pay a reasonable share of the costs of the facility through rental payments and other means. FTA received three comments on this requirement, with one party commenting twice. The first commenter recommended that an intercity carrier should directly compensate a local grantee for the intercity provider's incremental costs because the local taxpayers would be unfairly subsidizing a private company at the cost of regular bus service, and that ticket sales generated from intercity bus passengers should not factor into an intercity provider's reimbursement or rent. The second commenter expressed concern that this requirement may be confused with the eligibility criterion that a joint development improvement provide a fair share of revenue for public transportation that will be used for public transportation. *FTA Response:* The Agency shall rely on the statutory language, which requires that any “person making an agreement to occupy space in a facility under [49 U.S.C. 5302(a)(1)(G)] shall pay a reasonable share of the costs of the facility through rental payments and other means.” Recognizing the concern raised by the second commenter—that an inattentive reader may confuse the phrases “reasonable share of the costs of the facility” and “a fair share of revenue for public transportation”—FTA included the following statement in its notice of proposed guidance: “This criterion should not be confused with the requirement of 49 U.S.C. § 5302(a)(1)(G)(i) that ‘a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means.’ ”
(d)Eligible/Ineligible Activities In its notice of proposed guidance, FTA describes activities that are eligible and ineligible uses of Federal transit funds for joint development purposes. FTA received six comments on eligible and ineligible activities. Two commenters asked FTA to clarify footnote 7, which notes that space in an FTA-funded facility may be made available for certain commercial revenue-producing activities and for connections to revenue producing activities despite statutory language making ineligible for FTA financial assistance the construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or part of a public facility not related to public transportation. These commenters were concerned that by eliminating some descriptive portions of earlier drafts FTA may have inadvertently constricted local flexibility by reducing the description of ineligible activities to the construction of commercial revenue producing facilities. Two commenters noted a typographical error in the list of eligible costs—the phrase “construction, renovation and improvement of bus and intercity rail stations and terminals” should read “construction, renovation and improvement of *intercity* bus and intercity rail stations and terminals.” Five parties submitted comments on the eligibility of furniture, fixtures and equipment (FFE). Two parties commented that FFE related to an intercity bus station or terminal should not be an eligible cost. Two parties expressed the opposite conclusion. These commenters recommended that FTA add a statement that “the furniture, fixtures and equipment of intercity bus stations and terminals are eligible costs.” Another party recommended that only items jointly used by the grantee and intercity passengers should be eligible for FTA funding, and that FFE used solely by the intercity operator should not be eligible. Yet another commenter suggested that FTA continue its existing practice of excluding FFE for tenant activities from its capital project cost and funding calculations, regardless of whether the tenant is a daycare center, interstate transportation provider, or purely commercial tenant, and recommended that tenant activities should be required to provide all finishes necessary to take advantage of their tenancy. *FTA Response:* Footnote 7 is not intended to constrict local flexibility. Rather, FTA's intention is that this guidance generally, and footnote 7 in particular, afford grantees maximum flexibility within the law to work with the private sector and others for purposes of joint development. For this reason, footnote 7 notes that FTA does not interpret the statutory language at 49 U.S.C. 5302(a)(1)(G)(ii) as excluding the use of FTA funds for joint development purposes related to commercial and residential development. For example, space in an FTA-funded facility may be made available for commercial revenue-producing activities and for connections to revenue producing activities. Similarly, non-commercial, non-revenue-producing aspects of commercial and residential developments may be eligible for FTA financial assistance, subject to the criteria detailed at section I. Moreover, section II of this final guidance states that, subject to the eligibility criteria of 49 U.S.C. 5302(a)(1)(G), joint development improvements expressly include commercial and residential development. In response to the many comments on the eligibility of furniture, fixtures and equipment (FFE), FTA refers the commenters to the statutory language at 49 U.S.C. 5302(a)(1)(G)(ii), which excepts an intercity bus station or terminal from the exclusion of commercial revenue-producing facilities and public facilities not related to public transportation. This statutory exception requires FTA to treat intercity bus stations or terminals like public transportation-related FFE, which are eligible costs in all cases. FTA has corrected the typographical error from section II(i) of the notice of proposed agency guidance to correspond with the statutory language at 49 CFR 5302(a)(1)(G). The language in question now reads as follows: “construction, renovation and improvement of *intercity* bus and intercity rail stations and terminals.”
(e)Eligibility Procedures Before becoming eligible for FTA funding, a joint development improvement must be approved by the FTA Regional Administrator, or his designee, responsible for the project sponsor's locality. In its notice of proposed guidance, FTA outlined two methods for seeking approval for a joint development project and introduced two forms to be used in the approval process—the Joint Development Checklist and Certificate of Compliance. FTA received sixteen comments on its proposed eligibility procedures, with some parties submitting multiple comments. Four commenters asked FTA to clarify its use of the term “expedited review.” Two commenters favor the Joint Development Checklist. One of these commenters stated that the proposed checklist will streamline the joint development approval process because it is less proscriptive than the previous iteration and allows grantees maximum flexibility to satisfy the joint development requirements. The other commenter believes that the Joint Development Checklist brings clarity to the approval process. This same commenter, however, stated that risk and uncertainty are created by requiring a partnership to commit the resources necessary to plan and design a project to the level of detail required and recommended breaking the project approval process into three stages. One party commented that the eligibility procedures outlined in FTA's proposed guidance do not provide certainty or eliminate time delays. Another commenter recommended that FTA develop a single point of focus for all that is needed to review and approve any joint development project. *FTA Response:* FTA modified its eligibility procedures based, in part, on the comments summarized above. Language clarifying the methods by which FTA shall approve a joint development project can be found at section VIII of this final guidance. In summary, there are two methods for seeking approval for a joint development project:
(i)If the joint development improvement conforms to the specifics of the Certificate of Compliance, then the project sponsor may expedite FTA approval by executing the Certificate of Compliance and submitting it to FTA along with a completed Joint Development Checklist and a Joint Development Agreement; or
(ii)if the joint development improvement will deviate from the specifics of the Certificate of Compliance, then the project sponsor must substitute an “alternative certification,” which certification shall include an explanation of compliance with 49 U.S.C. 5302(a)(1)(G) and 49 CFR 18. In all cases, the project sponsor must submit a completed Joint Development Checklist, a proposed Joint Development Agreement, and either
(i)An executed Certificate of Compliance or
(ii)an alternative certification.
(f)Real Property Real property acquired by a grantee or subgrantee pursuant to 49 U.S.C. 5302(a)(1)(G) shall be governed by 49 U.S.C. 5334(h), as amended, and subject to the obligations and conditions set forth in 49 CFR 18.31, as amended, which require the grantee or subgrantee to request disposition instructions from FTA whenever real property is no longer needed for the originally authorized purpose. FTA received eleven comments on its discussion of real property. Three commenters asked FTA to clarify its discussion of 49 CFR 18.31 as it applies to property used for joint development purposes. Two commenters agree with FTA's decision to no longer apply its administratively-derived test of “highest and best transit use” (or any other tests) for determining the value of real property used in FTA-funded joint development improvements, including the disposition of real property connected to a joint development improvement. Five commenters expressed concern that language in FTA's proposed guidance would discourage fee simple transfers of real property acquired with federal assistance within a joint development project, and suggest that FTA add to its guidance language from the FTA Master Agreement with regard to the transfer of real property as an alternative to leasing. *Response:* FTA responds to the commenters that expressed concern about 49 CFR 18.31 by explaining that part 18.31 contains property management standards applicable to all real property acquired using Federal transit funds. Real property used for joint development purposes is not exempt from the requirements of 49 CFR 18.31. This guidance document references FTA's master Agreement at section IV, Federal Requirements. Section 19 of FTA's Master Agreement sets forth FTA's requirements on the use of real property, equipment, and supplies.
(g)Third Party Contracting In its notice of proposed guidance, FTA explains the applicability of third party contracting requirements to joint development improvements made eligible by 49 U.S.C. 5302(a)(1)(G). All three comments support FTA's explanation of these requirements.
(h)Certificate of Compliance FTA received eight comments on its proposed Certificate of Compliance, with some parties submitting multiple comments. Two parties favor the Certificate of Compliance inasmuch as it expedites FTA's review. Another party discourages the additional requirements added when the agency self-certifies. Four parties asked that FTA modify the Certificate of Compliance to allow for the transfers envisioned in other sections of the guidance. One commenter noted that the definition of “grantee” refers to section
(2)of the certificate rather than section (1). *FTA Response:* FTA encourages the commenters that asked FTA to modify the Certificate of Compliance to note that a project sponsor may substitute an “alternative certificate,” which may provide for transfers other than fee simple, if the joint development improvement will deviate from the specifics of the Certificate of Compliance. A project sponsor may expedite FTA approval if the joint development improvement conforms to the Certificate of Compliance. FTA has corrected paragraph (9)(b) of the Certificate of Compliance. It now states that “grantee” shall have the meaning provided in section ( *1* ) of this certificate.
(i)Satisfactory Continuing Control In its notice of proposed guidance, FTA noted the applicability of the term “satisfactory continuing control” to this guidance and the Certificate of Compliance. FTA received ten comments on this topic. Four commenters favor the applicability of the term “satisfactory continuing control” outlined by FTA in its notice of proposed guidance. Six commenters asked FTA to clarify its guidance with respect to the disposition of property, including means by which a grantee may maintain satisfactory continuing control through deed restrictions or other enforceable means. *FTA Response:* Please see section
(f)above for a discussion on the disposition of real property.
(j)Miscellaneous One commenter noted that footnote 5 incorrectly cited 49 U.S.C. § 5302(a)(1)(G)( *ii* ) and suggested that the correct citation is 49 U.S.C. 5302(a)(1)(G)( *i* ). This same commenter suggested that FTA substitute “section (I)” for “section (II)” in the first paragraph of section II and at the end of footnote 7. *FTA Response:* FTA has corrected both errors in this final Agency guidance. FTA hereby publishes the text of its final guidance on the eligibility of joint development improvements under Federal transit law. Issued on the 1st day of February, 2007. James S. Simpson, Administrator. [FR Doc. E7-1977 Filed 2-6-07; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget
(OMB)control number. The OCC is soliciting comment concerning an extension of OMB approval of the information collection titled, “Lending Limits—12 CFR 32.” DATES: Comments should be submitted by April 9, 2007. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1-5, Attention: 1557-0221, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to
(202)874-4448, or by electronic mail to *regs.comments@occ.treas.gov* . You can inspect and photocopy the comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling
(202)874-5043. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557-0221, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to
(202)395-6974. FOR FURTHER INFORMATION CONTACT: You may request additional information from Mary Gottlieb, Clearance Officer, or Camille Dickerson,
(202)874-5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: *Title:* Lending Limits—12 CFR 32. *Type of Review:* Extension, without revision, of a currently approved collection. *OMB Control Number:* 1557-0221. *Description:* 12 CFR 32.7(b) established a pilot program providing exceptions to the lending limits for 1-4 family residential real estate loans and loans to small businesses. The exceptions benefit national banks, purchasers of real estate, and small businesses. This information collection requires national banks that want to take advantage of the exceptions to apply to OCC and receive approval before using the exceptions. The OCC needs the information to evaluate whether a bank is eligible to use the exceptions and to insure that the bank's safety and soundness will not be jeopardized. *Affected Public:* Businesses or other for-profit. *Burden Estimates:* *Estimated Number of Respondents:* 1,820. *Estimated Number of Responses:* 1,820. *Estimated Annual Burden:* 47,320 hours. *Frequency of Response:* On occasion. *Comments:* Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:
(a)Whether the collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility;
(b)The accuracy of the agency's estimate of the burden of the collection of information;
(c)Ways to enhance the quality, utility, and clarity of the information to be collected;
(d)Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e)Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. Dated: February 1, 2007. Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division. [FR Doc. E7-1945 Filed 2-6-07; 8:45 am] BILLING CODE 4810-33-P DEPARTMENT OF VETERANS AFFAIRS Summary of Precedent Opinions of the General Counsel AGENCY: Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Department of Veterans Affairs
(VA)is publishing a summary of legal interpretations issued by the Department's General Counsel involving veterans' benefits under laws administered by VA. These interpretations are considered precedential by VA and will be followed by VA officials and employees in future claim matters. The summary is published to provide the public, and, in particular, veterans' benefits claimants and their representatives, with notice of VA's interpretation regarding the legal matter at issue. FOR FURTHER INFORMATION CONTACT: Susan P. Sokoll, Law Librarian, Department of Veterans Affairs, 810 Vermont Avenue, NW. (026H), Washington, DC 20420,
(202)273-6558. SUPPLEMENTARY INFORMATION: VA regulations at 38 CFR 2.6(e)(8) and 14.507 authorize the Department's General Counsel to issue written legal opinions having precedential effect in adjudications and appeals involving veterans' benefits under laws administered by VA. The General Counsel's interpretations on legal matters, contained in such opinions, are conclusive as to all VA officials and employees not only in the matter at issue but also in future adjudications and appeals, in the absence of a change in controlling statute or regulation or a superseding written legal opinion of the General Counsel. VA publishes summaries of such opinions in order to provide the public with notice of those interpretations of the General Counsel that must be followed in future benefit matters and to assist veterans' benefits claimants and their representatives in the prosecution of benefit claims. The full text of such opinions, with personal identifiers deleted, may be obtained by contacting the VA official named above or by accessing the opinions on the internet at *http://www1.va.gov/OGC/* . VAOPGCPREC 10-2004 Questions Presented A. In general, what impact does a veteran's return to active duty have on a pending claim for benefits? What is the status of the veteran's claim? What actions should or may the Department of Veterans Affairs
(VA)take? B. When a veteran's claim has been remanded to a regional office for an examination and the veteran is not available for the examination because of the veteran's return to active duty, what is the status of the veteran's claim? What actions should or may VA take? C. When a veteran with a pending claim returns to active duty and is able to attend a scheduled examination while on active duty, what is the status of the veteran's claim? What actions should or may VA take? D. If a veteran with a pending claim returns to active duty and dies while on active duty, what is the effect of the pending claim on a subsequent claim for accrued benefits? Held A. A veteran's return to active duty while his or her claim for benefits from the Department of Veterans Affairs
(VA)is pending does not alter the rights and duties of the claimant and VA under any statute or regulation with respect to the development and adjudication of the claim or the status of the claim within the meaning of any statute or regulation. VA should process the claims of such veterans in the same fashion as it would had the veterans not returned to active duty. If a veteran's return to active duty temporarily prevents VA from providing a necessary medical examination or taking other action necessary to a proper decision on the claim, VA may suspend or defer action on the claim until the necessary actions can be accomplished. VA may not deny a claim solely because the veteran has returned to active duty or solely because the veteran is temporarily unavailable for a necessary examination due to his or her return to active duty. B. When a veteran's claim has been remanded to a regional office for an examination and the veteran is not available for the examination because of the veteran's return to active duty, VA may defer action on the claim until the required examination can be conducted. VA may not deny the claim solely because the veteran is temporarily unavailable for examination due to his or her return to active duty. The veteran's return to active duty does not alter the status of the veteran's claim within the meaning of any statute or regulation. C. When a veteran has a pending claim and returns to active duty, but is able to attend a VA examination while on active duty, VA should process the claim in the same manner as it would if the veteran had not returned to active duty. The veteran's return to active duty does not alter the status of the veteran's claim within the meaning of any statute or regulation. D. If a veteran with a pending claim returns to active duty and dies on active duty before the claim is decided, the pending claim may provide the basis for an award of accrued benefits to a survivor under 38 U.S.C. 5121(a). Accrued benefits consist only of amounts “due and unpaid” to the deceased beneficiary. Because 38 U.S.C. 5304(c) prohibits VA from paying compensation or pension to a veteran for any period in which the veteran received active service pay, accrued benefits under 38 U.S.C. 5121(a) may not include compensation and pension amounts for any period for which the veteran received active service pay. *Effective Date:* September 21, 2004. VAOPGCPREC 1-2005 Question Presented Does the Veterans Claims Assistance Act of 2000
(VCAA)apply to claims by states regarding the construction, recognition, and payment of per diem to State homes? Held The provisions of the VCAA requiring VA to provide notice of any information or any medical or lay evidence necessary to substantiate the claim, and the duty to assist a claimant in obtaining evidence necessary to substantiate a claim, are not applicable to a claim by a state regarding State home construction, recognition, and payment of per diem. *Effective Date:* February 9, 2005. VAOPGCPREC 2-2005 Question Presented Does the tax exemption provided to beneficiaries of the Department of Veterans Affairs'
(VA)Servicemembers' Group Life Insurance
(SGLI)and Veterans' Group Life Insurance
(VGLI)programs under 38 U.S.C. 1970(g) apply to the Federal tax on generation-skipping transfers
(GST)imposed by chapter 13 of title 26, United States Code? Held Under 38 U.S.C. 1970(g), Servicemembers' Group Life Insurance and Veterans Group Life Insurance proceeds that are to be paid directly to a beneficiary who is more than one generation below the insured are exempt from the Federal tax on generation-skipping transfers imposed by chapter 13 of title 26, United States Code. *Effective Date:* February 9, 2005. VAOPGCPREC 3-2005 Question Presented When does the sixty-first day of incarceration occur pursuant to 38 U.S.C. 5313(a) and 1505(a) when a veteran is given credit for time served prior to conviction or prior to sentencing for a felony, or, for purposes of section 1505(a), a misdemeanor? Held The provisions of 38 U.S.C. 5313(a) and 1505(a) do not apply until all of the following requirements of the statutes have been satisfied:
(1)Incarceration (imprisonment);
(2)in a Federal, State, or local penal institution;
(3)in excess of sixty days; and
(4)for (as a result of) conviction of a felony (or a misdemeanor under section 1505(a)). For purposes of these statutes, when a veteran is incarcerated for conviction for a felony, or, for purposes of section 1505(a), a misdemeanor, the sixty-first day of incarceration cannot occur until sixty-one days after guilt is pronounced by a judge or jury and the veteran is incarcerated in a penal institution because of the determination of guilt, notwithstanding that the veteran may be given credit for time served prior to those events. However, once a veteran is imprisoned or incarcerated in a penal institution because of pronouncement of guilt for a felony (or misdemeanor in the case of section 1505(a)), the period of incarceration for purposes of 38 U.S.C. 5313(a) and 1505(a) would include the period of incarceration between the date of conviction and the date of sentencing, *i.e.* , reduction of benefits could occur as of the sixty-first day after conviction. *Effective Date:* February 23, 2005. VAOPGCPREC 4-2005 Question Presented Whether a request for equitable relief may be considered “an administrative remedy” as that terminology is used in section 113(b) of Public Law 106-419? Held A request for equitable relief, although an administrative remedy in the broad sense, does not constitute “an administrative remedy” as that terminology is used within the context of Public Law 106-419, § 113(b). *Effective Date:* April 21, 2005. VAOPGCPREC 5-2005 Question Presented May the Department of Veterans Affairs award a total disability rating based on “temporary” individual unemployability under 38 CFR 4.16(b)? Held Section 4.16 of title 38, Code of Federal Regulations, authorizes the Department of Veterans Affairs to assign a total rating based on individual unemployability (TDIU rating) based upon a veteran's temporary ( *i.e.* , non-permanent) inability to follow a substantially gainful occupation. However, not every period of inability to work will establish an inability to follow a substantially gainful occupation warranting a TDIU rating, because it may be possible to secure and retain employment and to earn significant income despite occasional periods of incapacity. VA must make determinations regarding ability or inability to follow a substantially gainful occupation on a case-by-case basis, taking into account such factors as the frequency and duration of periods of incapacity or time lost from work due to disability, the veteran's employment history and current employment status, and the veteran's annual income from employment, if any. *Effective Date:* November 25, 2005. VAOPGCPREC 1-2006 Question Presented You requested our opinion regarding the proper delimiting date under 38 U.S.C. 3031 for a veteran who qualifies for education benefits under the Montgomery GI Bill
(MGIB)by serving at least three years on active duty followed by at least four years in the Selected Reserve. Held In a case where a veteran meets the eligibility requirements for Chapter 30 MGIB education benefits under both 38 U.S.C. 3011 and 3012, the veteran has the right to claim entitlement under whichever of such sections is most advantageous to the veteran. This includes choosing to become entitled under section 3012 when that affords a later delimiting date for using those benefits pursuant to 38 U.S.C. 3031(a)(1). *Effective Date:* May 21, 2006. VAOPGCPREC 2-2006 Question Presented Is 38 U.S.C. 6107 applicable where a fiduciary misused benefits of a Department of Veterans Affairs
(VA)beneficiary before enactment of that statute if VA makes a finding of misuse after that date? Held Where VA makes a determination after December 10, 2004, that a fiduciary misused a beneficiary's VA benefits, 38 U.S.C. 6107 is applicable according to its terms, regardless of whether the misuse occurred before or after that date. *Effective Date:* June 30, 2006. VAOPGCPREC 3-2006 Question Presented Does former 38 CFR 4.71a, Diagnostic Code
(DC)5285 (2003), authorize a single 10-percent additional disability rating based on demonstrable deformity of a vertebral body, or does DC 5285 permit multiple 10-percent additional ratings for multiple deformed vertebrae? Held Where residuals of vertebral fracture are rated based on limited motion or muscle spasm, former 38 CFR 4.71a, Diagnostic Code
(DC)5285 (2003), authorizes no more than a single 10-percent increase for demonstrable deformity of a vertebral body or vertebral bodies in the spinal segment (cervical, dorsal, or lumbar) that is the subject of the rating. Where spine fracture residuals cause limited motion to more than one spinal segment and DC 5285 permits separate ratings for each segment, DC 5285 authorizes a 10-percent increase to the rating assigned to each segment of the spine containing at least one demonstrably deformed vertebral body. *Effective Date:* June 23, 2006. VAOPGCPREC 4-2006 Question Presented 1. Pursuant to Public Law 109-233, may the Department of Veterans Affairs
(VA)provide Specially Adapted Housing
(SAH)assistance to active duty service members who are temporarily residing in a home owned by a family member? 2. Does Public Law 109-233 change the one-time usage of SAH grant benefits? Held 1. Section 101 of Public Law 109-233 does not authorize VA to provide SAH assistance authorized under 38 U.S.C. 2102A to active duty service members who are temporarily residing in a home owned by a family member. 2. Section 101 changes the one-time usage limitation on SAH grants to allow veterans to obtain up to three grants under chapter 21, title 38, United States Code, in an aggregate amount not to exceed $50,000 for veterans eligible under 38 U.S.C. 2101(a) and $10,000 under 38 U.S.C. 2101(b). *Effective Date:* August 3, 2006. VAOPGCPREC 5-2006 Question Presented Is incarceration in a correctional facility that is owned and operated by a private corporation pursuant to a contract with a State to provide correctional facilities for the State incarceration in a “Federal, State, or local penal institution” within the meaning of 38 U.S.C. 5313? *Held:* Section 5313 of title 38, United States Code, limits the payment of compensation to any person who is incarcerated in a Federal, State, or local penal institution for a period greater than 60 days for conviction of a felony. Incarceration in a correctional facility owned and operated by a private corporation pursuant to a contract with a State department of corrections responsible within a State for the incarceration of convicted felons is incarceration in a State penal institution within the meaning of section 5313. *Effective Date:* August 11, 2006. VAOPGCPREC 6-2006 Question Presented You asked us whether the tax exemption provided by 38 U.S.C. 1970(g) to payments due or to become due under the Department of Veterans Affairs Servicemembers' Group Life Insurance
(SGLI)program also applies to payments under Traumatic SGLI (TSGLI). *Held:* The tax exemption provided by 38 U.S.C. 1970(g) to payments due or to become due under the Servicemembers' Group Life Insurance program also applies in the same manner to payments due or to become due under the traumatic injury protection provided by 38 U.S.C. 1980A. *Effective Date:* November 25, 2006. VAOPGCPREC 1-2007 Question Presented Do the procedures required by 38 CFR 3.105(e) apply where a total disability rating based on individual unemployability is reinstated for a limited period on the grounds of clear and unmistakable error in the original termination of the rating? *Held:* Section 3.105(e) of title 38, Code of Federal Regulations, requires the Department of Veterans Affairs
(VA)to follow specified procedures, including providing advance notice and an opportunity to present evidence and be heard, when terminating a total disability rating based on individual unemployability if the termination would result in reduction of compensation payments currently being made. However, if VA retroactively reinstates such a total disability rating on the grounds of clear and unmistakable error in the original termination of the rating, section 3.105(e) does not apply to the determination of the duration of the reinstated rating because there would be no reduction in compensation payments currently being made. *Effective Date:* January 17, 2007. Withdrawal of Previously Published Opinions of the General Counsel—VAOPGCPREC 6-93 (In Part) & VAOPGCPREC 12-94 (In Full) We are withdrawing our opinion in VAOPGCPREC 6-93 in part, and our opinion in VAOPGCPREC 12-94 in its entirety, due to a 2002 rulemaking action that amended 38 CFR 3.1000(d)(4) and a related manual provision. VAOPGCPREC 6-93 held in part that an award of accrued benefits under 38 U.S.C. 5121(a) may be based on logical inferences from information in the file at the date of the beneficiary's death. VAOPGCPREC 12-94 clarified this holding of VAOPGCPREC 6-93 by stating that where a veteran had in the past supplied evidence of unreimbursed medical expenses that could be expected to be incurred in like manner in succeeding years, such evidence could form the basis for a determination that evidence in the file at the date of the veteran's death permitted prospective estimation of medical expenses for accrued benefits purposes, regardless of whether such expenses were deducted prospectively during the veteran's lifetime. *Effective Date:* August 11, 2006. Dated: January 31, 2007. By direction of the Secretary. Paul J. Hutter, Acting General Counsel. [FR Doc. E7-2031 Filed 2-6-07; 8:45 am] BILLING CODE 8320-01-P 72 25 Wednesday, February 7, 2007 Proposed Rules Part II Department of Transportation Federal Aviation Administration 14 CFR Parts 61, 91 and 141 Pilot, Flight Instructor, and Pilot School Certification; Proposed Rule DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61, 91, and 141 [Docket No. FAA-2006-26661; Notice No. 06-20] RIN 2120-AI86 Pilot, Flight Instructor, and Pilot School Certification AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to amend the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. These changes are needed to clarify, update, and correct our existing regulations. These changes are intended to ensure that flight crewmembers have the training and qualifications to enable them to operate aircraft safely. DATES: Send your comments to reach us on or before May 8, 2007. ADDRESSES: You may send comments, identified by Docket Number FAA-2006-26661, using any of the following methods: • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:* 1-202-493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For more information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. *Privacy:* We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. For more information, see the Privacy Act discussion in the SUPPLEMENTARY INFORMATION section of this document. *Docket:* To read background documents or comments received, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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 No.
(202)267-3844; e-mail *john.d.lynch@faa.gov* . SUPPLEMENTARY INFORMATION: I. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. The docket is available for public inspection before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also review the docket using the Internet at the web address in the ADDRESSES section. *Privacy Act:* 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 on behalf of 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) or you may visit *http://dms.dot.gov* . Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive. If you want the FAA to acknowledge receipt of your comments on this proposal, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it to you. II. Proprietary or Confidential Business Information Do not file in the docket information that you consider to be proprietary or confidential business information. Send or deliver this information directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. You must mark the information that you consider proprietary or confidential. If you send the information on a disk or CD-ROM, mark the outside of the disk or CD-ROM and also identify electronically within the disk or CD-ROM the specific information that is proprietary or confidential. Under 14 CFR 11.35(b), when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and place a note in the docket that we have received it. If we receive a request to examine or copy this information, we treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). We process such a request under the DOT procedures found in 49 CFR part 7. III. Availability of Rulemaking Documents
(1)You can get an electronic copy using the Internet by: Searching the Department of Transportation's electronic Docket Management System
(DMS)Web page at *http://dms.dot.gov/search* ;
(2)Visiting the 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/fr/index.html* . You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling
(202)267-9680. Make sure to identify the docket number, notice number, or amendment number of this rulemaking. IV. Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, § 106 describes the authority of the FAA Administrator, including the authority to issue, rescind, and revise regulations. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Chapter 447—Safety Regulation. Under § 44701, the FAA is charged with promoting safe flight of civil aircraft in air commerce by prescribing regulations necessary for safety. Under § 44703, the FAA issues an airman certificate to an individual when we find, after investigation, that the individual is qualified for, and physically able to perform the duties related to, the position authorized by the certificate. In this NPRM, we are proposing to amend the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. These changes are intended to ensure that flight crewmembers have the training and qualifications to enable them to operate aircraft safely. For this reason, the proposed changes are within the scope of our authority and are a reasonable and necessary exercise of our statutory obligations. V. Background On April 4, 1997, the FAA published a final rule amending the pilot and flight instructor certification, training, and experience rules of part 61, the ground instructor certification, training, and experience rules of subpart I of part 61, and the certification rules of part 141 for FAA-approved pilot schools (See 62 FR 16220). Since that time, we have determined that changes are needed to clarify and refine these regulations and address problems discovered since we issued the final rule. We also received a number of sound suggestions from the regulated community through petitions for rulemaking, industry/agency meetings, and requests for interpretation. Consequently, we are proposing revisions and making clarifications under part 61 that pertain to pilot, flight instructor, and ground instructor certification requirements. We also are proposing to make revisions to part 141 and its appendixes, which apply to FAA-approved pilot schools. One significant proposal under this notice involves pilot and flight instructor training and qualifications for operating with night vision goggles (NVG). In February 2000, FAA Flight Standards Service personnel and an FAA Aviation Rulemaking Advisory Committee
(ARAC)met in Washington, DC to discuss establishing requirements for pilot and flight instructor training and qualifications for operating with night vision goggles. The ARAC was convened because the FAA recognized the use of NVGs had increased significantly—the cost of the equipment had decreased and the equipment itself had become easier to use. Hence, the aviation community asked the FAA to standardize the equipment and the corresponding training programs. The information shared and the decisions made from the February 2000 ARAC meeting are the basis for these proposed NVG rules. VI. Summary Table on the Proposed Changes The table below lists the changes contained in this NPRM in order of their Code of Federal Regulations
(CFR)designations. The table is organized as follows: The first column, identified as “Proposal No.,” refers to the paragraph number in the “Description of Proposed Changes” portion of this preamble where a detailed discussion of the proposed change appears. The second column gives the CFR designation of the regulation we are proposing to change. The third column, identified as “Summary of the Proposed Changes,” provides a brief summary of the proposed amendment. Proposal No. CFR designation Summary of the proposed changes 1 § 61.1(b)(15) Add a definition for the term “night vision goggles.” 2 § 61.1(b)(14) Add a definition for the term “night vision goggle operations.” 3 § 61.1(b)(2)(i) Add the term “current” for the ground instructor certificate under the definition of authorized instructor. 3 § 61.1(b)(2)(ii) Correct the term “current” and add the term “valid” for the flight instructor certificate under the definition of authorized instructor. 3 § 61.1(b)(5) Add the definition of “current” to airman certificates, ratings, and authorizations, which would mean the pilot has met the appropriate recent flight experience requirements of part 61 for the flight operation being conducted and the pilot's medical certificate has not expired, if a medical certificate is required. 3 § 61.1(b)(22) Add the definition of “valid” for airman certificates, ratings, and authorizations, which would mean the airmen certificate, ratings, and authorizations have not been surrendered, suspended, revoked, or expired. 3 § 61.3(a)(1) Add the qualifier “current and valid.” 3 § 61.3(f)(2)(i) &
(ii)Add the qualifier “current and valid.” 3 § 61.3(c) Add the qualifier “current and valid.” 3 § 61.3(g)(2)(i),
(ii)Add the qualifier “current and valid.” 4 § 61.3(j)(1) Delete the phrase “Except as provided in paragraph (j)(3) of this section.” 4 § 61.3(j)(3) Delete this provision because the dates have passed. 5 § 61.19(b) Extend the duration period for student pilot certificates for persons under the age of 40 years. 6 § 61.19(b)(3) Extend the duration period for student pilot certificates for persons seeking the glider or balloon rating to 36 calendar months. 7 § 61.19(d) Establish flight instructor certificates without expiration dates. 8 & 81 § 61.19(e) Parallel the ground instructor certificate duration with the ground instructor currency requirements in proposed § 61.217. 9 § 61.23(a)(3)(iv)-(v) Make minor editorial changes to the medical certificate requirements. 9 § 61.23(a)(3)(vii) Permit Examiners to hold only a 3rd class medical certificate as already provided for in FAA Order 8710.3D. 10 § 61.23(b)(3) Clarify the no medical certificate requirement for when persons are exercising the privileges of their pilot certificate when operating a balloon or a glider. 11 § 61.23(b)(7) Clarify the no medical certificate requirement for Examiners who are administering practical tests in a glider, balloon, flight simulator, or flight training device. 12 § 61.23(b)(8) Clarify the no medical certificate requirement when taking a practical test in a glider, balloon, flight simulator, or flight training device. 13 § 61.23(b)(9) Add a provision excusing U.S. military pilots from obtaining an FAA medical certification, provided he or she holds a current medical examination from a medical facility of the U.S. Armed Forces and the flight does not involve a flight in air transportation service under parts 121, 125, or 135 of this chapter. 14 § 61.29(d)(3) Delete the requirement that a person furnish their social security number. 15 § 61.31(d)(1) Make minor editorial change. 15 § 61.31(d)(2) Delete existing paragraph (d)(2). 15 § 61.31(d)(3) Re-designate existing paragraph (d)(3) as paragraph (d)(2). 16 § 61.31(l) Establish training for operating with night vision goggles. 17 § 61.35(a)(2)(iv) Clarify when a person must show their current residential address when making application for a knowledge test. 18 § 61.39(b)(2) Delete the word “scheduled” in front of the phrase “U.S. military air transport operations.” 3 § 61.39(c)(1) Add the qualifier “valid.” 19 § 61.39(c)(2) Delete the exception that an applicant does not have to receive an instructor endorsement for an additional aircraft class rating. Sections 61.39(a)(6) and 61.63(c) require an instructor endorsement. 20 § 61.39(d) &
(e)Change the phrase “60 calendar days” to read “2 calendar months” for the training required prior to the practical test. 21 § 61.43(a) and
(b)Clarify when single pilot performance is required on the practical test vs. permitting issuance of the “second in command” limitation. 22 § 61.45(a)(2)(iii) Define a military aircraft for the purpose of using it for a practical test. 23 § 61.45(c) Except gliders from the requirement that aircraft used for a practical test must have engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots. 24 § 61.51(b)(3)(iv) Add a provision for logging night vision goggle time. 27 § 61.51(b)(1)(iv) § 61.51(b)(2)(v) § 61.51(b)(3)(iii) Revise the instructions for logbook entries to include personal computer aviation training device (PCATD). 25 § 61.51(e)(1) Correct an omission and permit airline transport pilots
(ATPs)to log pilot-in-command
(PIC)flight time. 26 § 61.51(e)(1)(iv) Permit a pilot who is performing the duties of PIC while under the supervision of a qualified PIC to log PIC time. 27 § 61.51(g)(4) Clarify use of flight simulator, flight training device, PCATD to conform to current practice and require that an instructor be present to observe the session and sign the person's logbook. 28 § 61.51(j) Establish that an aircraft must hold an airworthiness certificate, with some exceptions, for a pilot to log flight time to meet the certificate, rating, or recent flight experience requirements under part 61. 29 § 61.51(k) Add the criteria and standards for logging night vision goggle time. 30 § 61.57(c)(1) Revise the instrument recent flight experience for maintaining instrument privileges in airplanes, powered-lifts, helicopters, and airships. 30 § 61.57(c)(2)-(5) Permit the use of flight simulators, flight training devices, or PCATD for performing instrument recent flight experience. 30 § 61.57(c)(6) Revise the instrument recent flight experience for maintaining instrument privileges in gliders. 31 § 61.57(d) Clarify when an instrument proficiency check must be completed to serve as the PIC under IFR or in weather conditions less than the minimums prescribed for VFR. 32 § 61.57(f) Add a night vision goggle recent operating experience requirement to remain PIC qualified for night vision goggle operations. 33 § 61.57(g) Add a night vision goggle proficiency check requirement to remain PIC qualified for night vision goggle operations. 34 § 61.59(a)-(c) Add clarifying language to address falsification, reproduction, alteration and incorrect statements. 35 § 61.63 Change the title to read “Additional aircraft ratings (other than for ratings at the airline transport pilot certificate level).” 35 § 61.63(c)(4) Clarify what is intended for those applicants who hold only a lighter than air (LTA)-Balloon rating and who seek an LTA-Airship rating. 35 § 61.63(d)(5) Add a provision in subparagraph
(5)to account for aircraft not capable of instrument flight. Parallels proposed § 61.157(b)(3). 35 § 61.63(e) Re-designate paragraph
(h)as paragraph (e). Amend the requirements for permitting use of aircraft not capable of instrument flight for a rating. Parallels proposed § 61.157(g). 35 § 61.63(f) Clarify that an applicant for type rating in a multiengine, single seat airplane must meet the requirements in the multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. Parallels proposed § 61.157(h). 35 § 61.63(g) Clarify that an applicant for type rating in a single engine, single seat airplane may meet the requirements in a multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. Parallels proposed § 61.157(i). 36 § 61.64 Place the existing § 61.63(e), (f), and
(g)and § 61.157(g), (h), and
(i)that address the requirements for using flight simulators and flight training devices into proposed § 61.64 35 § 61.63(h) Re-designate paragraph
(k)as paragraph (h). Clarify that certain tasks may be waived if the FAA has approved the task to be waived to parallel § 61.157(m). 36 § 61.64(a) and
(b)Move § 61.63(e) and § 61.157(g) to proposed § 61.64. Simplify and amend the requirements and limitations for use of a flight simulator or flight training device for an airplane rating. 36 § 61.64(a)(2)(i) &
(ii)Clarify that to use a flight simulator for training and testing for the airplane category, class, or type rating, the type rating cannot contain the supervised operating experience limitation. 36 § 61.64(c) and
(d)Move § 61.63(f) and § 61.157(h) to proposed § 61.64. Simplify and amend the requirements and limitations for use of a flight simulator or flight training device for a helicopter rating. 36 § 61.64(c)(2)(i) &
(ii)Clarify that to use a flight simulator for training and testing for the helicopter class or type rating, the type rating cannot contain the supervised operating experience limitation. 36 § 61.64(e) and
(f)Move § 61.63(g) and § 61.157(i) to proposed § 61.64. Simplify and amend the requirements and limitations for use of a flight simulator or flight training device for a powered-lift rating. 36 § 61.64(e)(2)(i) &
(ii)Clarify that to use a flight simulator for training and testing for the powered-lift category or type rating, the type rating cannot contain the supervised operating experience limitation. 37 § 61.65(d) Require at least 10 hours of cross-country time as PIC to be in an airplane appropriate to the instrument rating sought, so that it conforms to the ICAO requirements for instrument rating. 37 § 61.65(e) Require at least 10 hours of cross-country time as PIC to be in a helicopter appropriate to the instrument rating sought, so that it conforms to the ICAO requirements for instrument rating. 37 § 61.65(f) Require at least 10 hours of cross-country time as PIC to be in a powered-lift appropriate to the instrument rating sought, so that it conforms to the ICAO requirements for instrument rating. 37 § 61.65(g) Make minor changes to address the usage of flight simulator and flight training devices for the instrument rating. Re-designate paragraph
(e)as paragraph (g). 38 § 61.65(h) Permit the use of a PCATD to be used for 10 hours of instrument time. 3 § 61.69(a)(1) Require tow pilots' certificates to be “current and valid.” 39 § 61.69(a)(4) Correct typographical error involving the word “or.” 40 § 61.69(a)(6) Increase the recent flight experience requirements for tow pilots from 12 months to 24 months. 41 § 61.73(b) Combine existing paragraphs (b), (c), and
(d)into proposed paragraph (b). Delete the requirement that military pilots and former military pilots must be on active flying status within the past 12 months to qualify under these special rules. Delete the requirement that military pilots and former military pilots must have PIC status to qualify for pilot certification under these special rules. Also, minor editorial changes. 41 § 61.73(c) Delete paragraph (c). Propose that military pilots of an Armed Force of a foreign contracting State to ICAO qualify for U.S. Commercial Pilot Certificates and ratings provided they are assigned in an operational U.S. military unit for other than for flight training purposes. 41 § 61.73(d) Re-designate paragraph
(e)as (d). Minor editorial changes. 41 § 61.73(e) Re-designate paragraph
(f)as (e). Minor editorial changes. 41 § 61.73(f) Re-designate paragraph
(g)as (f). Delete the phrase “as pilot in command during the 12 calendar months before the month of application.” Minor editorial changes. 42 § 61.73(g) Allow issuing flight instructor certificates and ratings to military instructor pilots who graduate from a U.S. military instructor pilot school with an instructor pilot qualification. 43 § 61.73(h) Clarify the evidentiary documents required to qualify military pilots for a pilot certificate and ratings under the special rules of § 61.73 for military pilots. 44 § 61.75(a) Require foreign pilot license to be at the level of private pilot certificate or higher to be issued a U.S. private pilot certificate. Change the requirement for the foreign pilot certificate from being “current” to “valid.” 44 § 61.75(b) Require foreign pilot license to be at the level of private pilot certificate or higher to be issued a U.S. private pilot certificate. Change the requirement for the foreign pilot certificate from being “current” to “valid.” 3 § 61.75(b)(2) Require foreign pilot certificates to be “valid.” 45 § 61.75(b)(3) Add “other than a U.S. student pilot certificate.” 46 § 61.75(c) Add the qualifier “for private pilot privileges only” to clarify issuance of U.S. private pilot certificates based on foreign pilot licenses. 3 § 61.75(d) Add the qualifier “valid.” 47 § 61.75(e) Correct an error: where the rule states “U.S. private pilot certificate,” it should state “U.S. pilot certificate.” 47 § 61.75(e)(1) Correct an error: where the rule states “private pilot privilege,” it should state “pilot privileges authorized by this part and the limitations placed on that U.S. pilot certificate.” 47 § 61.75(e)(4) Correct an error: where the rule states “U.S. private pilot certificate,” it should state “U.S. pilot certificate.” 47 § 61.75(f) Correct an error: where the rule states “U.S. private pilot certificate,” it should state “U.S. pilot certificate” in 2 places. 47 § 61.75(g) Correct an error: where the rule states “U.S. private pilot certificate,” it should state “U.S. pilot certificate” in 2 places. 48 § 61.77(a)(2) Clarify who can be issued a special purpose pilot authorization. 48 § 61.77(b)(1) Clarify the requirements for issuance of a special purpose pilot authorization. 3 § 61.77(b)(1) Require foreign pilot licenses to be “current” and “valid.” 48 § 61.77(b)(5) Delete a requirement that an applicant have documentation of meeting the recent flight experience requirements of part 61 to be issued a special purpose pilot authorization. 49 § 61.96(b)(9) Require an applicant for a recreational pilot certificate to hold a student pilot certificate. 50 § 61.101(e)(1)(iii) Exclude aircraft that are certificated as rotorcraft from the 180 horsepower powerplant limitation. 51 § 61.103(j) Require a private pilot certificate applicant to hold a valid student pilot certificate, or a recreational pilot certificate. 52 § 61.109(a)(5)(ii) Change the distance on a cross-country flight for private pilot certification—single-engine airplane rating from “at least 50 nautical miles” to “more than 50 nautical miles.” 52 § 61.109(b)(5)(ii) Change the distance on a cross-country flight for private pilot certification—multi-engine airplane rating from “at least 50 nautical miles” to “more than 50 nautical miles.” 53 § 61.109(c)(4)(ii) Change the distance on the solo cross-country flight for private pilot certification—helicopter rating to conform to ICAO requirements. Change the distance on a cross-country flight for private pilot certification—helicopter rating from “at least 25 nautical miles” to read “more than 25 nautical miles.” 54 § 61.109(d)(5)(ii) Change the distance on the solo cross-country flight for private pilot certification—gyroplane rating to conform to ICAO requirements. Change the distance on a cross-country flight for private pilot certification—gyroplane rating from “at least 25 nautical miles” to read “more than 25 nautical miles.” 52 § 61.109(e)(5)(ii) Change the distance on a cross-country flight for private pilot certification—powered-lift rating from “at least 50 nautical miles” to “more than 50 nautical miles.” 55 § 61.127(b)(4)(vi) Add “ground reference maneuvers” as an area of operation for commercial pilot certification—gyroplane rating. 56 § 61.127(b)(5)(vii) Delete “ground reference maneuvers” for commercial pilot certification powered lift rating. 57 § 61.129(a)(3)(i) Clarify the instrument training tasks required for commercial pilot certification—airplane single-engine rating by requiring training using a view-limiting device. 62 § 61.129(a)(3)(iii) Allow the day cross-country flight for commercial pilot certification single-engine airplane rating to be performed under visual flight rules
(VFR)or instrument flight rules (IFR). 62 § 61.129(a)(3)(iv) Allow the cross-country flight at night time for commercial pilot certification airplane single-engine rating to be performed under VFR or IFR. 64 § 61.129(a)(4) Permit training to be performed solo or with an instructor onboard for commercial pilot certification—airplane single-engine rating. 58 § 61.129(b)(3)(i) Require instrument training tasks for commercial pilot certification airplane multiengine rating to include training using a view-limiting device. 62 § 61.129(b)(3)(iii) Allow the day cross-country flight for commercial pilot certification multiengine airplane rating to be performed under VFR or IFR. 62 § 61.129(b)(3)(iv) Allow the cross-country flight at night time for commercial pilot certification multiengine airplane rating to be performed under VFR or IFR. 62 § 61.129(c)(3)(i) Reduce the hour requirements on the control and maneuvering of a helicopter solely by reference to instruments from 10 hours to 5 hours for commercial pilot certification-helicopter rating and permit it to be performed in an aircraft, flight simulator, or flight training device. Clarify the control and maneuvering of a helicopter solely by reference to instruments required for commercial pilot certification for the helicopter rating must include training using a view-limiting device. 62 § 61.129(c)(3)(ii) Permit the day cross-country flight for commercial pilot certification—helicopter rating to be performed under VFR or IFR. 62 § 61.129(c)(3)(iii) Permit the cross-country flight at night time for commercial pilot certification—helicopter rating to be performed under VFR or IFR. 64 § 61.129(c)(4) Permit training for commercial pilot certification helicopter rating to be performed solo or with an instructor onboard. 60 § 61.129(d)(3)(i) Reduce the instrument training for commercial pilot certification—gyroplane rating to 2.5 hours on the control and maneuvering of a gyroplane solely by reference to instrument and permit it to be conducted in an aircraft, flight simulator, or flight training device. Clarify the control and maneuvering of a gyroplane solely by reference to instrument required for commercial pilot certification gyroplane rating must include training using a view-limiting device. 62 § 61.129(d)(3)(ii) Allow the day cross-country flight for commercial pilot certification gyroplane rating to be performed under VFR or IFR. 63 § 61.129(d)(3)(iii) Delete the requirement for a cross-country flight at night time for commercial pilot certification—gyroplane rating and establish it as “At least two hours of flight training during night-time conditions in a 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).” 64 § 61.129(d)(4) Permit training for commercial pilot certification—gyroplane rating to be performed solo or with an instructor onboard. 61 § 61.129(e)(3)(i) Require that instrument training tasks for commercial pilot certification—powered-lift rating must include training using a view-limiting device. 61 § 61.129(e)(3)(ii) Permit the cross-country flight at night time for commercial pilot certification—powered-lift rating to be performed under VFR or IFR. 62 § 61.129(e)(3)(iii) Permit the cross-country flight at night time for commercial pilot certification—powered-lift rating to be performed under VFR or IFR. 64 § 61.129(e)(4) Permit training for commercial pilot certification—powered-lift rating to be performed solo or with an instructor onboard. 64 § 61.129(g)(2) Permit training for commercial pilot certification—airship rating to be performed either solo or while performing the duties of PIC with an instructor onboard. 65 § 61.129(g)(3) Reformat paragraph
(3)into subparagraphs
(i)and (ii). Clarify the instrument training tasks for commercial pilot certification—airship rating require instrument training using a view-limiting device. 62 § 61.129(g)(4)(ii) &
(iii)Permit the cross-country training for commercial pilot certification—airship rating to be performed under VFR or IFR. 3 § 61.133(a)(1) Require commercial pilot certificates to be “current and valid.” 3 § 61.153(d) Require pilot certificate and instrument rating to be “valid.” 66 § 61.153(d)(3)(i),
(ii)Further clarify the additional condition to qualify for a U.S. ATP certificate on the basis of a foreign pilot certificate. 67 § 61.157 Reprint this section in its entirety due to many changes. 67 § 61.157(b) Add the language “or a type rating that is completed concurrently with an airline transport pilot certificate” so the rule more clearly states what is intended. Reformat this section so as to establish a paragraph
(g)that permits the use of an aircraft not capable of instrument flight for a type rating to be added to an existing ATP certificate. Parallels proposed § 61.63(e). 36 & 67 § 61.157(g) Use of flight simulators and flight training devices and applicant qualifications for the airplane rating at the ATP certification level. Move to proposed § 61.64 as paragraph
(a)and (b). 36 & 67 § 61.157(h) Use of flight simulators and flight training devices and applicant qualifications for the helicopter rating at the ATP certification level. Move to proposed § 61.64 as paragraph
(c)and (d). 36 & 67 § 61.157(i) Use of flight simulators and flight training devices and applicant qualifications for the powered-lift rating at the ATP certification level. Move to proposed § 61.64 as paragraph
(e)and (f). 67 § 61.157(g) Re-designate paragraph
(j)as paragraph (g). Amends the requirements for permitting use of aircraft not capable of instrument flight for a rating to permit the issuance of a “VFR Only” limitation for ATP certification. Parallels proposed § 61.63(e). 68 § 61.157(h) Adds a provision to permit an applicant for type rating in a multiengine, single seat airplane to be performed in a multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. Parallels proposed § 61.63(f). 69 § 61.157(i) Adds a provision to permit an applicant for type rating in a single engine, single seat airplane to be performed in a multi-seat version of that type airplane, or the examiner must be in a position to observe the applicant during the practical test. Parallels proposed § 61.63(g). 70 § 61.159(c)(3) Add a provision to accommodate the crediting of flight engineer time for U.S. military flight engineers for qualifying for an ATP certificate that is similar to what is provided for crediting flight engineer time under part 121. 71 § 61.159(d) Clarify when an applicant may be issued an ATP certificate with the ICAO endorsement. 71 § 61.159(e) Clarify a holder of an ATP certificate with the ICAO endorsement may have the endorsement removed after meeting the aeronautical experience of proposed § 61.159(d). 3 § 61.167(a) Require an ATP certificate to be “valid.” 3 § 61.167(b)(3) Require ATP certificates be “current and valid.” 72 § 61.187(b)(6)(vii) Delete the “go around maneuver” for flight instructor certification for the glider rating. 3 § 61.193 Require flight instructor certificate be “current and valid.” 73 § 61.195(c)(1) &
(2)Establish the flight instructor qualifications for providing instrument training in flight to be a CFII in the appropriate category and class of aircraft. 74 § 61.195(d)(3) Delete requirement that a flight instructor must sign a student's certificate for authorizing solo flight in Class B airspace. 75 § 61.195(k) Add flight instructor qualifications for giving the PIC night vision goggle qualification and currency training. 3 § 61.197(a) Require flight instructor certificate to be “current.” 7 § 61.197(a)(2) Establish flight instructor renewal procedures without requiring re-issuance of the actual certificate. 7 § 61.199(a) Establish flight instructor reinstatement procedures without requiring re-issuance of the actual certificate. Additionally, clarify the reinstatement requirements for a single practical test for renewal of the other ratings held. 3 § 61.215(a), (c),
(d)Require ground instructor certificates to be “current and valid.” 76 § 61.215(b) Delete the privilege of AGIs to provide training and endorsement for instrument training. 3 § 61.215(b) Require AGI certificates to be “current and valid.” 77 § 61.217(a)—(d) Establish new currency requirements for ground instructors. 78 § 91.205(i) Establish the required instruments & equipment for night vision goggle operations. 79 § 141.5(a)—(e) Clarify that the “counters” for the pass rate must be 10 different people and that no one graduate can be counted more than once. 80 § 141.9 Correct the rule language for issuing examining authority. 81 § 141.33(d)(2) Reduce the number of student enrollments to 10 students to qualify for a check instructor position. 82 § 141.39 Permit the use of foreign registered aircraft for those part 141 training facilities that are located outside of the United States and where the training is conducted outside of the United States. 83 § 141.53(c)(1) Delete subparagraph (c)(1) to remove an obsolete date. 84 § 141.55(e)(2)(ii) Correct the phrase “the practical or knowledge test, or any combination thereof” because it should state “the practical or knowledge test, as appropriate.” 85 § 141.77(c)(1), (2), &
(3)Make a technical correction to the language in the rules about the proficiency and knowledge test required for transfer students to a part 141 pilot school. 86 § 141.85(a)(1) &
(d)Clarify duties and responsibilities that chief instructor may delegate to an assistant chief instructor and recommending instructor. 87 B. 2. Change the eligibility requirement for enrollment into the flight portion of the private pilot certification course to only require a recreational or student pilot certificate prior to entry into the solo phase of the flight portion. 88 B. 4(b)(1)(i) In the private pilot certification—single-engine airplane course, change the training required to “on the control and maneuvering of a single-engine airplane solely by reference to instruments” instead of calling it “instrument training.” 88 B. 4(b)(2)(i) In the private pilot certification—multiengine airplane course, change the training required to “on the control and maneuvering of a multiengine airplane solely by reference to instruments.” 88 B. 4(b)(5)(i) In the private pilot certification—powered-lift course, change the training required to “on the control and maneuvering of a powered-lift solely by reference to instruments.” 89 B. 5(a)(1) Change the distance on a cross-country flight in the private pilot certification—airplane single-engine course from “at least 50 nautical miles” to “more than 50 nautical miles.” 90 B. 5(b)(1) Change the distance on a cross-country flight in the private pilot certification—airplane multiengine course from “at least 50 nautical miles” to “more than 50 nautical miles.” 91 B. 5(c)(1) Change the distance on a cross-country flight in the private pilot certification—helicopter course to conform to ICAO requirements which require a cross-country flight of at least 100 nautical miles. Change the phrase “at least 25 nautical miles” to “more than 25 nautical miles.” 92 B. 5(d)(1) Change the distance on a cross-country flight in the private pilot certification—gyroplane course from “at least 25 nautical miles” to “more than 25 nautical miles.” 93 B. 5(e)(1) Change the distance on a cross-country flight in the private pilot certification—powered lift course from “at least 50 nautical miles” to” more than 50 nautical miles.” 94 C. 4(b)(5) &
(6)Allow approval of instrument rating courses that give credit for instrument training on a PCATD. 100 D. 4(b)(1)(i) Require that the instrument training tasks for the commercial pilot certification—airplane single-engine course include training using a view-limiting device. 99 D. 4(b)(1)(ii) Allow the complex airplane training in the commercial pilot certificate—single-engine airplane course to be performed in either in a single-engine complex airplane or multiengine complex airplane. 96 D. 4(b)(1)(iii) Allow the day cross-country flight for the commercial pilot certificate airplane course to be performed under VFR or IFR. 96 D. 4(b)(1)(iv) 96 D. 4(b)(2)(i) 96 D. 4(b)(2)(iii) 96 D. 4(b)(2)(iv) 100 D. 4(b)(3)(i) Require that the instrument training tasks for the commercial pilot certification—helicopter course include using a view-limiting device. 96 D. 4(b)(3)(ii) Allow the day cross-country flight in the commercial pilot certificate helicopter course to be performed under VFR or IFR. 96 D. 4(b)(3)(iii) 100 D. 4(b)(4)(i) Require that the instrument training tasks for the commercial pilot certification—gyroplane course include using a view-limiting device. 96 D. 4(b)(4)(ii) Allow the day cross-country flight in the commercial pilot certificate gyroplane course to be performed under VFR or IFR. 97 D. 4(b)(4)(iii) Require a night time cross-country flight in the commercial pilot certificate—gyroplane course to include at least two hours of flight training during night-time conditions at an airport, that includes 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern). 100 D. 4(b)(5)(i) Require that the instrument training tasks for the commercial pilot certification—powered-lift course include using a view-limiting device. 96 D. 4(b)(5)(ii) Allow the day cross-country flight in the commercial pilot certificate powered-lift course to be performed under VFR or IFR. 96 D. 4(b)(5)(iii) 100 D. 4(b)(7)(i) Require that the instrument training tasks for the commercial pilot certification—airship course include using a view-limiting device. 96 D. 4(b)(7)(ii) Allow the day cross-country flight in the commercial pilot certificate—airship rating course to be performed under VFR or IFR. 96 D. 4(b)(7)(iii) 98 D. 4(d)(4)(vi) Add “ground reference maneuvers” as an area of operation for the gyroplane rating in the commercial pilot certificate course. 95 D. 5(a), (c ), (d), &
(e)Allow training to be performed solo or with an instructor onboard for the commercial pilot certificate courses. 101 E. 2 Requires a person prior to having completed the flight portion of the ATP course to have met the ATP aeronautical experience requirements of part 61, subpart G. 102 I. 3 & 4 Clarify the amount and content of ground and flight training for the add-on aircraft category and/or class rating courses in the recreational, private, commercial, and ATP certification courses. VII. Description of Proposed Changes The numbered paragraphs in this section describe the substantive changes we are proposing. Readers should note we are also making many editorial changes to the text of parts 61 and 141 for the purpose of clarity.
(1)Proposal to define “night vision goggles.” The FAA proposes to define “night vision goggles”
(NVG)under § 61.1(b)(13) as “an appliance worn by a pilot that enhances the pilot's ability to maintain visual surface reference at night.”
(2)Proposal to define “night vision goggle operation.” The FAA proposes to define “night vision goggle operation” under § 61.1(b)(14) as “a flight at night where the pilot maintains visual surface reference utilizing NVGs in an aircraft that is approved for NVG operations.”
(3)Proposal to require airman certificates, ratings, and authorizations to be “valid” and/or “current,” where and when appropriate. The FAA has received inquiries as to the meaning and application of the terms “valid” and “current” as they appear in part 61. Neither term is defined under the rules. The terms are used in some sections of part 61, but not consistently or universally. In this proposal, the FAA proposes definitions for the terms “current” and “valid” under proposed § 61.1(b)(4) and (20). We have also attempted to qualify when a person must hold a “valid,” “current,” or a “valid and current” pilot, flight instructor, and ground instructor certificate, rating, or authorization under part 61 to exercise the privileges of that certificate. The FAA encourages comments as to whether our review of inserting the terms “current” and “valid” throughout part 61 has been sufficiently exhaustive and whether the approach is even needed. One could conclude that including the terms may lead to greater ambiguity since they are arguably implicit. That is, all certificates, ratings, or authorizations must be both “current” and “valid,” or else they may not be relied upon. Based on the comments received on this proposal and further analysis, we may decide to withdraw the proposed definitions, and we may even eliminate the use of these terms “current” and “valid” throughout part 61. Under proposed § 61.1(b)(20), a “valid” pilot, flight instructor, or ground instructor certificate, rating, or authorization would mean the certificate has not been surrendered, suspended, revoked, or expired. Under proposed § 61.1(b)(4), the term “current” as it relates to a pilot certificate, rating, or authorization would mean the pilot has met the appropriate recent flight experience requirements under part 61 for the flight operation being conducted. The term “current” as it relates to a flight instructor certificate would mean the flight instructor meets the flight instructor recent experience required under § 61.197. The term “current” as it relates to a ground instructor certificate would mean the ground instructor meets the recent experience required under § 61.217. We are proposing to add either “valid” or “current,” or both, in: §§ 61.1(b)(2)(i) and (ii), (4), and (20); 61.3(a)(1), (c), (f)(2)(i) and (ii), and (g)(2)(i) and (ii); 61.39(c)(1), 61.69(a)(1); 61.75(b)(2) and (d); 61.77(b)(1); 61.103(j); 61.133(a)(1); 61.153(d)(1) and (3); 61.167(a) and (b)(3); the introductory language of 61.193; 61.197(a); and 61.215(a), (b), (c), and (d).
(4)Proposal to delete an obsolete date in § 61.3(j)(3). Under existing § 61.3(j)(3), the rule makes reference to some obsolete dates and the rule is no longer needed. The rule states “Until December 20, 1999, a person may serve as a pilot in operations covered by this paragraph after that person has reached his or her 60th birthday if, on March 20, 1997, that person was employed as a pilot in operations covered by this paragraph.” December 20, 1999 has now passed, and the FAA is proposing to delete § 61.3(j)(3) in its entirety. Subsequently, it is necessary to delete the phrase “Except as provided in paragraph (j)(3) of this section” under § 61.3(j)(1).
(5)Proposal to revise the duration of the student pilot certificate. The FAA proposes to amend § 61.19(b) so that the duration period for the student pilot certificate coincides with the medical duration provisions under § 61.23(c)(3). Since the FAA adopted a new duration period for the 3rd class medical certificate for persons who have not reached their 40th birthday, there has been a conflict between the duration period for the student pilot portion of the certificate under § 61.19(b) (i.e., “expires 24 calendar months from the month in which it is issued”) and the duration period for the medical portion of the certificate for persons who have not reached their 40th birthday under § 61.23(c)(3) (i.e., “The 36th calendar month after the month of the date of the examination shown on the certificate). Without the proposed change, persons under the age of 40 years would have the student pilot portion of their certificate expire, but the medical portion of that certificate would remain current. Therefore, the FAA proposes to amend § 61.19(b) so that it parallels the 3rd class medical duration provisions under § 61.23(c)(3).
(6)Proposal to extend the duration period to 36 calendar months for the student pilot certificate for persons seeking a balloon or glider rating. Proposed § 61.19(b)(3) would extend the duration period of a student pilot certificate for persons seeking a balloon or glider rating to 36 calendar months. Since persons who seek a balloon and glider rating are not required to hold a medical certificate, it is reasonable to extend the student pilot certificate to 36 calendar months as discussed in the previous paragraph. Under this proposal, however, the duration period would be 36 calendar months regardless of the age of the applicant.
(7)Proposal to issue flight instructor certificate without an expiration date and to clarify reinstatement requirements. The FAA proposes to amend §§ 61.19(d), 61.197(a), and 61.199 to allow the issuance of flight instructor certificates without an expiration date. This proposal responds to a petition for rulemaking from the Aircraft Owners and Pilots Association
(AOPA)Safety Foundation. By letter, dated September 14, 1999, AOPA petitioned the FAA to revise § 61.19(d), § 61.195(a), (b), and (c), § 61.197(a) and (b), and § 61.199(a). The FAA was already working on this proposed rule; therefore we responded to AOPA's petition by acknowledging receipt of the petition and informing them their petition would be considered under this rulemaking. The AOPA Safety Foundation's petition states that it believes the flight instructor renewal process results in burdening flight instructor renewal applicants and the operators of flight instructor refresher clinics (FIRCs) with unnecessary paperwork. The FAA would still require that flight instructors renew their privileges every 24 calendar months to exercise the privileges of their flight instructor certificate, but it would be done without requiring the re-issuance of the flight instructor certificate. The FAA envisions that flight instructor renewal applicants would continue to send a completed FAA Form 8710-1, “Airman Certificate and/or Rating Application,” to the FAA's Airman Certification Branch in Oklahoma City, OK, but the applicants would then only be required to have their logbooks endorsed by a FIRC operator or by the FAA. In lieu of the logbook endorsement, the flight instructor renewal applicant could simply receive a completion certificate or a stamp in their logbook from a FIRC operator or from the FAA. The FAA is tailoring this proposal to similar procedures established for pilots who accomplish their § 61.57 flight review or § 61.58 PIC proficiency check. However, the FAA wants to maintain the procedure of requiring flight instructor renewal applicants to send a completed FAA Form 8710-1 to the FAA's Airman Certification Branch because the FAA believes this procedure is important for maintaining order on flight instructor renewals and also for being able to retain statistical data on flight instructors. Under this proposal, § 61.197(a)(2) would state that a person who holds a flight instructor certificate may renew the certificate by “receiving an endorsement in his or her logbook or on another suitable document that is acceptable to the FAA * * * ,” to provide flight instructor renewal applicants significant leeway to show compliance with § 61.197. Additionally, for the same reasons, this language would be included in proposed § 61.199(a)(2) for flight instructor reinstatement applicants. Those instructors who hold flight instructor certificates with expiration dates would be permitted to continue to hold those certificates indefinitely and would just have to comply with the renewal procedures of § 61.197 or reinstatement procedures of § 61.199, as appropriate, to maintain their flight instructor “privileges.” Regardless of what method is used to show compliance with § 61.197 (i.e., logbook entry, completion certification, or a stamp inserted in the applicant's logbook, etc.), the FAA expects the flight instructor renewal/reinstatement applicant's record to show the completion date and expiration date of the renewal/reinstatement. Additionally, the FAA has received several inquires concerning whether an applicant who holds an expired flight instructor certificate may reinstate that certificate by satisfactorily completing an additional flight instructor rating practical test. As an example, the person holds an expired flight instructor certificate with an Airplane Single-Engine and a Multiengine rating. The person then makes application for an Instrument-Airplane additional flight instructor rating and wishes to reinstate his or her flight instructor certificate by satisfactorily accomplishing the Instrument-Airplane additional flight instructor rating practical test. In accordance with FAA Order 8700.1, page 11-3, paragraph 13, “the holder of an expired flight instructor certificate issued after November 1, 1975, may have all ratings on the certificate reinstated by satisfactorily completing a single practical test.” Therefore, the FAA proposes to amend § 61.199(a) to read:
(a)*Flight instructor certificates.* The holder of a flight instructor certificate who has not complied with the recent flight instructor experience requirements under § 61.197 may reinstate flight instructor privileges by:
(1)Completing and passing a flight instructor practical test, as prescribed under § 61.183(h); and
(2)Receiving an endorsement in his or her logbook or on another document that is acceptable to the FAA that shows the applicant completed and passed a flight instructor practical test, as prescribed under § 61.183(h). This proposed amendment removes the current provision that states that a holder of an expired flight instructor certificate may obtain a new one by passing a practical test “for one of the ratings listed on the expired flight instructor certificate.” The proposed amendment would permit the reinstatement of a flight instructor certificate, either by satisfactorily accomplishing an additional flight instructor rating practical test or by satisfactorily accomplishing a practical test on one of the ratings listed on the expired flight instructor certificate.
(8)Proposal to standardize the recent experience requirements for ground instructor certificates. The FAA proposes to amend § 61.19(e) by linking the currency requirements for the ground instructor certificate with the duration period requirements. The purpose is to further clarify the currency requirements for ground instructors. Since the issuance of § 61.19(e), there have been some questions about how a ground instructor remains current. Therefore, the FAA proposes to amend § 61.19(e) by linking this provision with the recent experience requirements under proposed § 61.217.
(9)Proposal to require Examiners to hold only a 3rd class medical certificate. The FAA proposes to amend § 61.23(a)(3)(vii) to require Examiners to hold only a 3rd class medical certificate. The FAA wants to parallel the medical certificate requirements for Examiners with the medical certificate requirements that are contained in FAA Order 8710.3D. FAA Order 8710.3D requires that an Examiner hold only a 3rd class medical certificate when performing practical tests in an aircraft (with an exception for Examiners administering practical tests in a glider or balloon).
(10)Proposal to clarify that persons exercising the privileges of a glider or balloon rating are not required to hold a medical certificate. The FAA proposes to amend § 61.23(b)(3) to clarify that persons exercising the privileges of a glider or balloon rating are not required to hold a medical certificate. The FAA has received questions about the wording of § 61.23(b)(3). Some have asked whether the no medical certificate requirement for operating a balloon or a glider applies only when a person is taking a practical test for a glider or balloon rating, or whether it applies when a person is exercising the privileges of a glider or balloon rating. The rule is intended to apply in both situations. The FAA is proposing to amend § 61.23(b)(3) to clarify that persons exercising the privileges of their glider or balloon rating in a glider or a balloon, as appropriate, are not required to hold a medical certificate. As further discussed in proposed § 61.23(b)(8), a person also is not required to hold a medical certificate when taking a practical test for a balloon or glider rating.
(11)Proposal to add situations where an Examiner need not hold a medical certificate. The FAA proposes to amend § 61.23(b)(7) to establish that when an Examiner or a Check Airman is administering a test or check for an airman certificate, rating, or authorization in a glider, balloon, flight simulator, or flight training device, he or she would not be required to hold a medical certificate. Existing § 61.23(b)(7) states that an Examiner or Check Airman is not required to hold a medical certificate when administering a test or check for a certificate, rating, or authorization in a flight simulator or flight training device. The words “glider” and “balloon” were inadvertently left out when the rule was last revised.
(12)Proposal to add situations where an applicant need not hold a medical certificate. The FAA proposes to amend § 61.23(b)(8) to establish that when an applicant is receiving a test or check for a certificate, rating, or authorization in a glider, balloon, flight simulator, or flight training device, the applicant is not required to hold a medical certificate. Existing § 61.23(b)(8) states that an applicant is not required to hold a medical certificate when receiving a test or check for a certificate, rating, or authorization in a flight simulator or flight training device. The words “glider” and “balloon” were inadvertently left out when the rule was last revised.
(13)Proposal to excuse military pilots of the U.S. Armed Forces from having to obtain an FAA medical certificate. The FAA proposes to add a new § 61.23(b)(9) to excuse military pilots from having to hold an FAA medical certificate. Military pilots would be required to complete a medical examination for flight status as a military pilot from a flight surgeon at a military medical facility of the United States. The examination would have to be current. In accordance with existing § 61.39(a)(4), for a military pilot to be eligible for a practical test for an airman certificate or rating issued under part 61, an applicant must “hold at least a current third-class medical certificate.” The FAA has determined that the medical examinations provided by a U.S. Armed Forces medical facility to military pilots equals or exceeds the content and quality of a medical certification required by the FAA. Therefore, the FAA proposes to amend § 61.23 by adding paragraph (b)(9) and excuse pilots of the U.S. Armed Forces from having to hold an FAA medical certificate provided that:
(1)The pilot completed a medical examination for flight status as a military pilot from a flight surgeon at a U.S. military medical facility;
(2)The examination is current; and
(3)The flight does not involve a flight in air transportation service under parts 121, 125, or 135 of this chapter.
(14)Proposal to delete the requirement for a person to furnish their social security number. The FAA proposes to delete the requirement under § 61.29(d)(3) that a person who requests replacement of a lost or destroyed airman certificate, medical certificate, or knowledge test report must furnish their social security number. By law, the FAA cannot require a person to furnish his or her social security number. A person, however, may voluntarily provide his or her social security number as a means to establish his or her identity.
(15)Proposal to delete § 61.31(d)(2). The FAA proposes to delete § 61.31(d)(2), which requires a PIC of an aircraft to receive “training for the purpose of obtaining an additional pilot certificate and rating that are appropriate to that aircraft, and be under the supervision of an authorized instructor.” The FAA has received inquiries about the difference between subparagraphs (d)(2) and (d)(3), and the FAA determined that these subparagraphs conflict with one another. Furthermore, subparagraph (d)(2) conflicts with § 61.51(e)(1)(i). When the FAA initially proposed § 61.31(d), it was considering coining a new phrase that was to be known as “supervised PIC flight” that would allow a PIC who was in training to act as PIC of an aircraft if properly supervised by the person's flight instructor. (See 60 FR 41160, 41227, August 11, 1995). The “supervised PIC flight” concept was not adopted in the final rule, but subparagraph (d)(2) erroneously remained in the final rule. (See 62 FR 16220.) Subparagraph (d)(3) of § 61.31 covers what the FAA currently requires in order to act as PIC and for logging PIC time under § 61.51(e)(1)(i).
(16)Proposal to add training and qualification requirements for pilots who want to operate with night vision goggles. Proposed § 61.31(k) would require ground and flight training and a one-time instructor endorsement for a pilot to act as a PIC during NVG operations. Also, the FAA proposes to “grandfather” those PICs who previously qualified as a PIC for NVG operations under § 61.31(k). Under proposed subparagraph (3), a pilot would not need the “one-time” NVG training and endorsement, provided the pilot can document satisfactory accomplishment of any of the following pilot checks for using NVGs in an aircraft: • Completion of an official pilot proficiency check for using NVGs and that check was conducted by the U.S. Armed Forces; or • Completion of a pilot proficiency check for using NVGs under part 135 of this chapter and that check was conducted by an Examiner or a Check Airman.
(17)Proposal to require proof of current residential address at the time of application for a knowledge test. Proposed § 61.35(a)(2)(iv) would clarify that when a person's permanent mailing address is a P.O. Box, the person must show proof of their current residential address at the time of application for a knowledge test. The purpose of this change is to conform the instructions in proposed § 61.35(a)(2)(iv) with the instructions in existing § 61.60.
(18)Proposal to delete the word “scheduled” in front of the phrase “U.S. military air transport operations.” The purpose for this proposal is to delete the word “scheduled” that appears in front of the phrase “U.S. military air transport operations” under § 61.39(b)(2) because there is no such thing as “scheduled” U.S. military transport operations.
(19)Proposal to delete the phrase “or a class rating with an associated type rating” in reference to the endorsement exception for applying for an additional aircraft class rating. The FAA proposes to delete the phrase “or a class rating with an associated type rating” under § 61.39(c)(2) for applying for an additional aircraft class rating. Existing §§ 61.39(a)(6) and 61.63(c) require an applicant for a practical test for an additional aircraft class rating to have received a logbook or training record endorsement from an authorized instructor. Existing § 61.39(c)(2) incorrectly suggests that an endorsement is not required for an applicant for an aircraft class rating. Thus, the FAA is proposing to amend § 61.39(c)(2) by removing the phrase “or a class rating with an associated type rating” to clarify that we are not excepting applicants for an aircraft type rating from obtaining an endorsement from an authorized instructor.
(20)Proposal to clarify the time frame for completing a practical test. The FAA proposes to change the phrase “60 calendar days” in § 61.39(d) and
(e)to read “2 calendar months.” The purpose is to make it simpler to calculate the time for when a segmented practical test must be completed. An applicant who accomplishes a segmented practical test would be required to complete the entire practical test within 2 calendar months after the applicant began the test. For example, an applicant who began the oral portion of the practical test on July 2, 2006, would have to complete the remaining portions of the practical test (i.e., simulator/training device check and aircraft flight check) before the end of September 2006.
(21)Proposal to clarify when an applicant has the choice to perform the practical test as a single pilot or use a second in command. The FAA is proposing to revise § 61.43(b) to clarify when an applicant can perform the practical test as a single pilot or use a second in command. If a second in command pilot is used under proposed § 61.43(b)(3), the limitation “Second in Command Required” would be placed on the applicant's pilot certificate. Also, we are proposing to revise § 61.43(a) by moving existing § 61.43(a)(5) into proposed § 61.43(b). Under proposed § 61.43(b)(1), if the aircraft's FAA-approved aircraft flight manual requires the pilot flight crew complement be a single pilot, then the applicant would be required to demonstrate single pilot proficiency on the practical test. Under proposed § 61.43(b)(2), if the aircraft's type certification data sheet requires the pilot flight crew complement be a single pilot, then the applicant would be required to demonstrate single pilot proficiency on the practical test. The Cessna 172, Cessna 310, Piper Malibu (PA-44), and Beech Baron (BE-58) are examples of aircraft whose flight manuals and/or type certification data sheets require the pilot flight crew complement be a single pilot. Under proposed § 61.43(b)(3), if the FAA Flight Standardization Board report, FAA-approved aircraft flight manual, or aircraft type certification data sheet allows the pilot flight crew complement to be either a single pilot, or a pilot and a copilot, then the applicant may perform the practical test as a single pilot or with a copilot. If the applicant performs the practical test with a copilot, the limitation of “Second in Command Required” will be placed on the applicant's pilot certificate. Under proposed § 61.43(b)(3), the “Second in Command Required” limitation may be removed if and when the applicant passes the practical test by demonstrating single-pilot proficiency in the aircraft in which single-pilot privileges are sought. Examples of aircraft for which a FAA Flight Standardization Board has approved the minimum pilot flight crew compliment to be either a single pilot, or a pilot with a copilot, are certain models of the Beech 300, Beech 1900C, and Beech 1900D airplanes that received certification under SFAR 41; certain models of the Empresa Brasileira de Aeronautica EMB 110 airplanes that received certification under SFAR 41, and certain models of the Fairchild Aircraft Corporation SA227-CC, SA227-DC, and other Fairchild commuter category airplanes on that same type certificate that received certification under SFAR 41 and that have a passenger seating configuration, excluding pilot seats, of nine seats or less and the airplane's type certificate authorizes single pilot operations. The Cessna 501, Cessna 525, Cessna 551, Raytheon 390, and Beech 2000 are examples of aircraft whose flight manuals and/or type certification data sheets allow the minimum pilot flight crew compliment to be either a single pilot, or a pilot with a copilot.
(22)Proposal to define what is a military aircraft for the purpose of a practical test. Proposed § 61.45(a)(2)(iii) would clarify what is a “military aircraft” when used on a practical test. Recently, there has been some confusion as whether it is permissible to use a surplus military aircraft that has no civilian aircraft type designation for a practical test for an airman certificate and rating. For example, some applicants have requested to use a surplus military OH-58 Army helicopter for a practical test. These surplus military helicopters are not Bell BH-206 helicopters, and they do not have a civilian type designation. The FAA has determined it is not permissible to use these surplus former military aircraft for completing a practical test. To clarify this issue, proposed § 61.45(a)(2)(iii) would define a “military aircraft” as an aircraft that is under the direct operational control of the U.S. Armed Forces. Under this definition, surplus military aircraft are not military aircraft because they are not under the direct operational control of the U.S. military.
(23)Proposal to except gliders from the requirement that aircraft used for a practical test must have engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots. The FAA proposes to amend § 61.45(c) by excepting gliders from the requirement that aircraft used for a practical test must have engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots. Gliders do not have engine power controls.
(24)Proposal to provide for logging night vision goggle time. Proposed § 61.51(b)(3)(iv) would add a provision for logging “night vision goggle time” to show compliance with the training time and aeronautical experience required for acting as a PIC for NVG operations. The logging of NVG time would be permitted when performed in an aircraft in flight, in a flight simulator, or in a flight training device.
(25)Proposal to correct an omission of the words “airline transport pilot” regarding logging of pilot in command time. Because existing § 61.51(e)(1) does not include “airline transport pilots,” it may appear that holders of airline transport pilot certificates do not have the same PIC logging privileges as recreational pilots, private pilots, and commercial pilots. To avoid any confusion, the FAA proposes to add the words “airline transport pilot” to § 61.51(e)(1).
(26)Proposal to permit a pilot performing the duties of pilot in command while under the supervision of a qualified pilot in command to log pilot in command time. Proposed § 61.51(e)(1)(iv) would allow a pilot who is performing the duties of pilot in command while under the supervision of a qualified PIC to log PIC time. The purpose for this proposal is to provide another way for holders of a commercial pilot certificate or airline transport pilot certificate to log PIC time. Section 61.51(e)(1)(iv) would permit a pilot who is performing the duties of PIC to log PIC flight time. The pilot who is performing the duties of PIC would be required to hold a current and valid commercial pilot certificate or a current and valid airline transport pilot certificate, with the aircraft rating that is appropriate to the category and class of aircraft being flown, if a class rating is appropriate. The pilot would be required to be under the supervision of an appropriately qualified PIC. Additionally, the pilot who is performing the duties of PIC would be required to undergo an approved PIC training program consisting of ground and flight training on the following areas of operation: pre-flight preparation, preflight procedures, takeoff and departure phase, in-flight maneuvers, instrument procedures, landings and approaches to landings, normal and abnormal procedures, emergency procedures, and post-flight procedures. The supervising PIC would be required to hold either a current and valid commercial pilot certificate and a current and valid flight instructor certificate with an aircraft rating that is appropriate to the category, class, and type of aircraft being flown, if a class or type rating is required, or the supervising PIC would be required to hold a current and valid airline transport pilot certificate and aircraft rating that is appropriate to the category, class, and type of aircraft being flown, if a class or type rating is required. The supervising PIC would be required to log the PIC training given in the pilot's logbook, certify having given the PIC training in the pilot's logbook, and attest that certification with his or her signature, flight instructor certificate number and expiration date, or ATP certificate number, as appropriate. This proposal would parallel and clarify the provisions in proposed § 61.129 and existing §§ 61.31(d), 61.159(a)(4), 61.161(a)(3), and 61.163(a)(3) for PIC aeronautical experience.
(27)Proposal to conform the rule for logging of instrument time in a flight simulator, flight training device, and PCATD to existing policy. The FAA proposes to amend § 61.51(g)(4) so the logging of instrument time in a flight simulator, flight training device, or PCATD conforms to existing policy. An authorized instructor (See § 61.1(b)(2)) must be present in the flight simulator, flight training device, or PCATD when instrument time is logged for training and aeronautical experience used to meet the requirements for a certificate, rating, or flight review (See § 61.51(a)). The instructor must sign the person's logbook to verify the training time and the content of the session. Examples of situations in which an authorized instructor would be considered present in the flight simulator, flight training device, or PCATD include where an authorized instructor is seated at a center control panel in a flight simulation lab and is monitoring each student's performance from the control panel display; where an instructor assigns a student to perform several instrument tasks and then leaves the room, if the flight training device has a monitoring and tracking system that allows the authorized instructor to review the entire training session; and where one authorized instructor monitors several students simultaneously in the same room at a flight simulation lab. The instructions for making logbook entries also would be amended to reflect the proposal that PCATDs could be used to meet the instrument time and recent flight experience requirements under part 61.
(28)Proposal to establish the aircraft requirements for when a pilot logs flight time. Proposed § 61.51(j) would establish the aircraft and aircraft airworthiness requirements for when a pilot logs flight time. To log flight time to meet the aeronautical experience requirements for a certificate, rating, or recent flight experience under part 61, the aircraft must hold an airworthiness certificate (except in the case of U.S. military aircraft flown by U.S. military pilots and under the direct operational control of the U.S. Armed Forces or public aircraft flown by pilots of a Federal, State, county, or municipal law enforcement agency). This proposal would, in essence, codify existing FAA policy under FAA Order 8700.1, Volume 2, Chapter 1, pages 1-46 and 1-47, paragraph 9.B, which states: “ *Logging Time.* Unless the vehicle is type certificated as an aircraft in a category listed in (14 CFR) § 61.5(b)(1) or as an experimental aircraft, or otherwise holds an airworthiness certificate, flight time acquired in such a vehicle may not be used to meet requirements of (14 CFR) part 61 for a certificate or rating or to meet the recent flight experience requirements.” The FAA has received several inquiries about whether it is permissible to use surplus military aircraft that do not hold a civilian type designation as an aircraft or an airworthiness certificate for logging flight time to meet the requirements for a certificate, rating, or recent flight experience under part 61. The FAA's response has been that the aircraft must be of the category, class (if class is applicable), and type (if type is applicable) listed under § 61.5(b)(1) through (7), or the aircraft must hold an experimental airworthiness certificate. With the issuance of Public Law 106-424, dated November 1, 2000, pilots for a Federal, State, county, or municipal law enforcement agency can log flight time for the purposes of meeting the aeronautical experience requirements for a certificate, rating or recent flight experience under part 61 in limited cases. The stipulation is that the pilot must be operating a public aircraft, as defined under 49 U.S.C. 40102, and the aircraft must be identifiable as a category and class of aircraft, as listed under § 61.5(b), and being used in law enforcement activities of a Federal, State, county, or municipal law enforcement agency.
(29)Proposal to establish the criteria and standards for logging NVG time. Proposed § 61.51(k) would establish the criteria and standards for logging NVG time. This proposal would establish the minimum information required to be entered when logging time in a pilot's logbook. Per proposed § 61.51(k)(3), the required information that is required to be logged for logging NVG time are the logbook entries covered under § 61.51(b). Under the proposal, a pilot may log NVG time using NVGs as the sole visual reference of the surface in an operation conducted in an aircraft at night (during the period beginning 1 hour after sunset and ending 1 hour before sunrise) in flight. Alternatively, a pilot may log NVG time in a flight simulator or in a flight training device provided the flight simulator or flight training device's lighting system has been adjusted to replicate the period beginning 1 hour after sunset and ending 1 hour before sunrise. Under proposed § 61.51(k)(2), the rule would establish when an authorized instructor may log NVG time. The instructor must be conducting NVG training and must be using NVGs as the sole visual reference of the surface. The time must be in an aircraft operated at night in flight, or in a flight simulator or flight training device with the lighting system adjusted to represent the period beginning 1 hour after sunset and ending 1 hour before sunrise.
(30)Proposal to amend the instrument recent flight experience tasks and iterations and to allow use of personal computer aviation training devices, flight simulators, and flight training devices for maintaining instrument recent flight experience. In § 61.57(c), the FAA proposes to amend the instrument flight experience tasks and iterations and to allow use of PCATD, flight simulators (FS), and flight training devices
(FTD)for maintaining instrument recent flight experience. The proposed change to § 61.57(c) would clarify that a person who acts as pilot in command under IFR or weather conditions less than the minimums prescribed for VFR is required to look back 6 calendar months from the date of the flight to determine whether the instrument flight experience requirements were met. For example, if a pilot intends to act as pilot in command under IFR (or in weather conditions less than the minimums prescribed for VFR) on a flight that is to occur on February 24, 2007, the pilot would count backwards 6 calendar months from the date of the flight to August 2006. The pilot would have to have performed and logged the instrument recent flight experience requirements between August 1, 2006 and February 24, 2007. For maintaining instrument flight experience in airplanes, powered-lifts, helicopters, and airships, the proposal would require the pilot to perform and log the instrument flight experience in an airplane, powered-lift, helicopter, or airship that is appropriate to the category of aircraft for the instrument rating privileges that the pilot desires to maintain. This instrument flight experience could be completed in either actual instrument meteorological conditions or under simulated instrument conditions with the use of a view-limiting device. The instrument flight experience and iterations must include at least: • Six instrument approaches consisting of both precision and non-precision approaches; • One complete holding pattern at a radio station and one complete holding pattern at an intersection or waypoint; and • One hour of simulated cross-country practice operation that involves intercepting and tracking courses through the use of navigation systems while performing a takeoff phase, area departure phase, enroute phase, area arrival phase, approach phase, and a missed approach phase of flight. Subject to certain limitations, a pilot could choose to either complete the instrument experience requirements in an aircraft and/or through use of an FS, FTD, or PCATD. The simulation devices would have to be representative of the category of aircraft for the instrument rating privileges that the pilot desires to maintain. Under proposed § 61.57(c)(2), a person could use an FS or FTD exclusively by performing and logging at least 3 hours of instrument recent flight experience within the 6 calendar months before the date of the flight. Under proposed § 61.57(c)(3), a person could use a PCATD exclusively by having performed and logged at least 3 hours of instrument recent experience within the 2 calendar months before the date of the flight. We have deliberately proposed differences between the use of a PCATD and an FS or FTD because use of a PCATD to maintain instrument recent experience is a relatively new concept, and the FAA wants to further evaluate its use before we allow use of PCATDs equal to that of FSs and FTDs. Under proposed § 61.57(c)(4), a person could combine use of the aircraft and an FS, FTD, or PCATD to obtain instrument experience. When a pilot elects to combine use of an aircraft and a simulation device, we would require, under proposed § 61.57(c)(4), completion of one hour of instrument flight time in the aircraft and 3 hours in the FS, FTD, or PCATD within the preceding 6 calendar months. Under proposed § 61.57(c)(5), a person could combine use of an FS or FTD, and a PCATD to obtain instrument recent experience. When a pilot elects this combination, we would require one hour in an FS or FTD, and 3 hours in a PCATD within the preceding 6 calendar months. Under proposed § 61.57(c)(6), the instrument tasks and iterations for maintaining instrument flight experience in a glider would be amended and require the pilot to have: • Performed and logged at least 1 hour of instrument time in flight in a glider or in a single-engine airplane performing cross-country practice operations that involved intercepting and tracking courses through the use of navigation systems while performing an area departure phase, enroute phase, and area arrival phase of flight; and • At least 2 hours of instrument flight time in a glider or in a single-engine airplane performing straight glides, turns to specific headings, steep turns, flight at various airspeeds, navigation, and slow flight and stalls. However, if the pilot were to carry passenger(s) in a glider under IFR or in weather conditions less than the minimums prescribed for VFR, the 2 hours of instrument recent flight experience would have to be performed in a glider performing performance maneuvers, performance airspeeds, navigation, and slow flight and stalls. The person would be required to log this instrument recent flight experience, tasks, and iterations in their logbook to show accomplishment of this instrument training. The person would be required to use a view-limiting device when performing this instrument recent flight experience or be in actual instrument meteorological conditions.
(31)Proposal to clarify when a person must perform an instrument proficiency check to act as the PIC under IFR or in weather conditions less than minimums prescribed for VFR. The FAA proposes to amend § 61.57(d) to clarify when a person, who has not met the instrument recent flight experience of § 61.57(c), must perform an instrument proficiency check to act as the PIC under IFR or in weather conditions less than the minimums prescribed for VFR. The proposal would require a pilot who has not complied with the instrument recent experience requirement of § 61.57(c) within the preceding 12 calendar months to complete an instrument proficiency check to regain PIC instrument qualifications. The proficiency check would have to be performed in the same aircraft category that is appropriate to the instrument privileges desired. The proficiency check would consist of the tasks listed in the practical test standards for the instrument rating appropriate to the aircraft category. As explained in the discussion of proposed § 61.57(c), this proposal would require a pilot to perform and log the instrument recent flight experience within the preceding six calendar months from the date of the flight to act as the PIC under IFR or in weather conditions less than the minimums prescribed for VFR. Under proposed § 61.57(d), if the pilot has not performed and logged the required instrument recent flight experience within the preceding six calendar months from the date of the flight, the pilot is given an additional 6 calendar months to perform and log the required instrument recent flight experience. However, during this 6-month period, the pilot may not act as the PIC under IFR or in weather conditions less than the minimums prescribed for VFR until the pilot performs and logs the required instrument recent flight experience of proposed § 61.57(c). If during this 6-month period, the pilot does not accomplish the required instrument recent flight experience, then the pilot would have to perform an instrument proficiency check to regain his or her instrument currency. For example, if a pilot is intending to act as pilot in command under IFR (or in weather conditions less than the minimums prescribed for VFR) on a flight on February 24, 2007, and the pilot has not completed the required instrument recent flight experience of proposed § 61.57(c), then the pilot would count backwards 12 calendar months from the date of the flight. Thus, the pilot would have to have performed and logged the instrument recent flight experience requirements at sometime between February 24, 2007, and February 1, 2006, to avoid being required to submit to an instrument proficiency check.
(32)Proposal to establish a recent flight experience requirement for acting as a PIC in a night vision goggle operation. Proposed § 61.57(f) would establish a recent flight experience requirement to remain PIC qualified for “NVG operations.” To understand the term, “NVG operations,” it is necessary to further clarify the term “flight.” The term “flight” means a takeoff and landing, with each landing involving a flight in the traffic pattern. Thus, a person who performs six takeoffs and landings, with each landing involving a flight in the traffic pattern, and uses NVGs to maintain visual reference may log six “NVG operations.” For a pilot to act as a PIC using NVGs with passengers on board, the pilot, within the preceding 2 calendar months, would have to perform and document the tasks under proposed § 61.57(f) as the sole manipulator of the controls during the time period that begins 1 hour after sunset and ends 1 hour before sunrise. If the pilot had not performed and logged the tasks under § 61.57(f), then the FAA would allow the pilot an additional 2 calendar months to perform and log the tasks under § 61.57(f). However, the pilot would not be allowed to carry passengers during this second 2-month period. If the pilot had still not performed and logged the NVG tasks in proposed § 61.57(f) during those additional 2 calendar months, then the pilot would be required to pass a NVG proficiency check to act as a PIC using night vision goggles. To explain this “2 calendar month” currency criteria in proposed § 61.57(f)(1), lets say for the sake of explaining this that the proposal becomes a final rule effective December 1, 2006. In this example, today is now February 24, 2007 and the pilot intends to act as pilot in command using NVGs with passengers on board a flight. The pilot would count backwards 2 calendar months from the date of the flight which means the pilot would count backwards from February 24, 2007, the month of January, 2007, and through the month of December, 2006 to December 1, 2006). Therefore, the pilot would have to have performed and logged the required NVG operating experience between December 1, 2006 and February 24, 2007. Under proposed § 61.57(f)(2), if a pilot has not performed and logged the required NVG recent flight experience between December 1, 2006 and February 24, 2007, then that pilot would have to perform and log the required NVG operating experience by April 30, 2007 to act as the pilot in command during March 2007 through April 2007 using NVGs, but could not carry passengers on board. Otherwise, per proposed § 61.57(f)(2), the pilot is given 2 additional months to perform and log the required NVG operating experience, but during that period cannot carry passengers until he/she has performed and logged the required NVG operating experience.
(33)Proposal to establish a NVG proficiency check requirement to act as a PIC of a night vision goggle operation. Proposed § 61.57(g) would establish a proficiency check to be PIC qualified for NVG operations. Also, this proposal would establish a proficiency check to regain PIC qualifications for NVG operations when the pilot's NVG privileges have lapsed. Proposed § 61.57(g) would require a pilot who has not complied with the NVG operating experience requirement of proposed § 61.57(f) to complete a NVG proficiency check to regain PIC NVG qualifications. The proficiency check would have to be performed in the same aircraft category that is appropriate to the NVG operation desired. The proficiency check would consist of the tasks listed in proposed § 61.31(l) and would be administered by an individual listed under § 61.31(l).
(34)Proposal to amend § 61.59 to parallel § 67.403 to standardize the language between the rules. The FAA proposes to amend § 61.59(a) and
(b)and add (c), in part, to parallel the provisions under existing § 67.403. This proposal would standardize the language in this chapter on falsification, reproduction, and alteration of applications, certificates, logbooks, reports, and records for the purposes of simplicity and clarity.
(35)Proposal to amend the format and re-structure of § 61.63. The FAA proposes to amend § 61.63 to simplify its format, structure, and move paragraphs (e), (f), and (g), which address the usage and limitations of the flight simulator and flight training device, to proposed § 61.64. The FAA proposes to revise existing § 61.63(c)(3) to clarify its applicability to those applicants who hold only a lighter-than-air (LTA)-Balloon rating and who seek an LTA-Airship rating. Currently, the word “only” does not appear in § 61.63(c)(3). The FAA proposes minor amendments to § 61.63(d) to clarify the requirements for an additional type rating and a type rating sought concurrently with an additional aircraft category and class rating. The FAA proposes to revise existing § 61.63(h) (and re-designate it to proposed § 61.63(e)) to clarify the use of an aircraft on a practical test for a type rating that is not capable of instrument maneuvers and procedures and the issuance of a type rating with a VFR limitation under these circumstances. The FAA proposes to revise existing § 61.63(i) (and re-designate it to proposed § 61.63(f)) to clarify that an applicant for a type rating in a multiengine airplane with single-pilot station must perform the practical test in the multi-pilot seat version of that multiengine airplane. Or, the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that multiengine airplane. This proposal parallels the same requirements under proposed § 61.157(h) (existing § 61.157(k)) for a type rating in a multiengine airplane with single-pilot station. The FAA proposes to amend existing § 61.63(j) (and re-designate it to proposed § 61.63(g)) to clarify that an applicant for a type rating at other than ATP certification level for a single engine airplane with a single-pilot station must perform the practical test in the multi-pilot seat version of that single engine airplane. Or, the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that single engine airplane. This proposal would parallel the requirements under proposed § 61.157(i) (existing § 61.157(l)) for a type rating in a single engine airplane with single-pilot station at the ATP certification level. Proposed § 61.63(i) would permit an Examiner who conducts a practical test for an additional aircraft rating under this section to waive any of the tasks that the FAA has approved waiver authority. This proposal would parallel the proposed requirements under proposed § 61.157(j) (existing § 61.157(m)) at the ATP certification level.
(36)Proposal to address the use and limitations of flight simulators and flight training devices. The FAA proposes to add § 61.64 that would address the use and limitations of flight simulators and flight training devices for additional aircraft ratings and for aircraft ratings at the ATP certification level. These requirements currently are found under § 61.63(e), (f), and (g). Additionally, proposed § 61.64 would incorporate the parallel requirements for flight simulators and flight training devices that currently are found under § 61.157(g), (h), and
(i)at the ATP certification level. The purpose of these changes is to clarify and simplify § 61.63 and § 61.157 and place the use and limitation requirements for flight simulators and flight training devices in one section. Proposed § 61.64(a) through
(f)would clarify when an applicant may use a flight simulator or flight training device for all training, when an applicant may use a flight simulator for all of the required practical test, when the supervising operating experience
(SOE)limitation on an applicant's pilot certificate is required, and when the SOE limitation may be removed. Proposed 61.64(a) would allow an applicant to use a flight simulator for all of the training and the practical test for the airplane category, class, or type rating, provided the flight simulator and the applicant meet specific qualifications under proposed § 61.64(a)(1) through (3). Proposed § 61.64(b) would allow an applicant for the airplane category, class, or type rating to use a flight training device for training only if the flight training device meets the specific qualifications under proposed § 61.64(b)(1) through (4). The rule would further make clear that a flight training device may not be used for any portion of the practical test. This is not a change to the existing requirements, but a clarification. Proposed § 61.64(c) would allow an applicant to use a flight simulator for all of the training and the practical test for the helicopter class or type rating, provided the flight simulator and the applicant meet the specific qualifications under proposed § 61.64(c)(1) and (2). Proposed § 61.64(d) would allow an applicant for the helicopter class or type rating to use a flight training device for training only if the flight training device meets specific qualifications under proposed § 61.64(d)(1) through (4). The rule would further make clear that a flight training device may not be used for any portion of the practical test. This is not a change to the existing requirements but a clarification. Proposed § 61.64
(e)would state that an applicant may use a flight simulator for all of the training and the practical test for the powered-lift category or type rating, provided the flight simulator and the applicant meet specific qualifications under proposed § 61.64(e)(1) and (2). Proposed § 61.64(f) would allow an applicant for the powered-lift category or type rating to use a flight training device for training only if the flight training device meets specific qualifications under proposed § 61.64(f)(1) through (4). The rule would further clarify that a flight training device may not be used for any portion of the practical test. This is not a change to the existing requirements but a clarification. As a result of current language in existing paragraphs (e), (f), and
(g)of § 61.63 and paragraphs (g), (h), and
(i)of § 61.157, there is confusion as to whether an applicant could complete all training and testing for a type rating in a simulator when there is a supervised operating experience limitation on the applicant's pilot certificate for that aircraft type rating. Proposed § 61.64(a)(2)(i), (c)(2)(i), and (e)(2)(i) would specify that a type rating cannot contain the supervised operating experience limitation ( *i.e.* , “This certificate is subject to pilot in command limitations for the additional rating”) for an applicant to use a flight simulator for *all* (emphasis added) training and testing for a type rating. A flight simulator may be used for some of the required training and testing for a type rating, but not “all” the required training and testing. The kinds and amount of training and testing that would be permitted to be performed in a flight simulator is what the flight simulator is approved for and in accordance with proposed § 61.64(a)(4)(i) and (b), (c)(3)(i) and (d), or (e)(3)(i) or (f), as appropriate for the category of aircraft and type rating sought. Proposed § 61.64(a)(1)(iii), (c)(1)(iii), and (e)(1)(iii) would establish that at minimum a Level C flight simulator is required if an applicant wishes to use a flight simulator on a practical test for an aircraft rating. Proposed § 61.64(a)(1)(iv), (c)(1)(iv), and (e)(1)(iv) would establish that at minimum a Level A flight simulator is required for an applicant to use a flight simulator for training.
(37)Proposal to require at least 10 hours of cross-country time as pilot in command to be in the category of aircraft appropriate to the instrument rating sought. The FAA proposes to amend § 61.65 to conform the FAA's instrument rating cross-country time requirements as PIC with the corresponding International Civil Aviation Organization
(ICAO)requirements. Proposed § 61.65(d) would address the aeronautical experience and training for the instrument-airplane rating. Proposed § 61.65(e) would address the aeronautical experience and training for the instrument-helicopter rating. Proposed § 61.65(f) would address the aeronautical experience and training for the instrument-powered-lift rating. As an example, ICAO Annex 1, paragraph 2.10.1.2.2 requires that an applicant for an instrument-helicopter rating log at least of 10 hours of cross-country time as pilot in command in a helicopter. Currently, § 61.65(d)(1) merely states “At least 50 hours of cross-country flight time as pilot in command, of which at least 10 hours must be in airplanes for an instrument-airplane rating.” It does not account for the instrument-helicopter rating or the instrument-powered-lift rating.
(38)Proposal to allow 10 hours of the instrument training to be performed on a personal computer aviation training device (PCATD). The FAA proposes to amend § 61.65 by adding paragraph (h), which would allow 10 hours of instrument training for the instrument rating to be performed on a PCATD. The instrument training may be given by the holder of a ground instructor certificate with an instrument rating or by a holder of a flight instructor certificate with an instrument rating appropriate to the instrument rating sought. The 10 hours of instrument training given in a PCATD would be included in the 20 hours of instrument training allowed to be performed in a flight simulator or a flight training device under proposed § 61.65(e). For a PCATD to be used for instrument training under proposed § 61.65, the PCATD, instrument training, and instrument tasks would have to be approved by the FAA. The instrument training on a PCATD would have to be provided by an authorized instructor. For a person to receive the maximum 10 hours of credit in a PCATD, the person may not have logged and be credited for more than 10 hours of instrument training in a flight simulator or flight training device. A view-limiting device would have to be worn by the applicant when logging instrument training in the PCATD. The instrument training and instrument tasks that may be approved for performance on a PCATD would be listed in proposed § 61.65(f). The FAA specifically requests comments on whether, and to what extent, we should allow use of a PCATD for providing instrument training for the instrument rating.
(39)Proposal to correct a typographical error in § 61.69(a)(4). The FAA is proposing to correct a typographical error in which the word “or” was erroneously deleted from § 61.69(a)(4) during the writing of the “Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft” Final Rule (See 69 FR 44866; July 27, 2004). With the issuance of that rule, paragraph (a)(4) was revised to read: “Except as provided in paragraph
(b)of this section, [the pilot] has logged at least three flights as the sole manipulator of the controls of an aircraft towing a glider or unpowered ultralight vehicle simulating towing flight procedures while accompanied by a pilot who meets the requirements of paragraphs
(c)and
(d)of this section.” The word “or” was erroneously deleted between the words “vehicle” and “simulating.” This correction proposes to re-insert the word “or” and to make a minor grammatical revision to paragraph (a)(4) so that the rule will read: “(4) Except as provided in paragraph
(b)of this section, [the pilot] has logged at least three flights as the sole manipulator of the controls of an aircraft while towing a glider or unpowered ultralight vehicle, or that person simulates towing flight procedures in an aircraft while accompanied by a pilot who meets the requirements of paragraphs
(c)and
(d)of this section.”
(40)Proposal to amend the recent flight experience for tow pilots by increasing the time allowed for achieving the required currency to 24 calendar months. The FAA is proposing to amend § 61.69(a)(6) for persons who serve as tow pilots for glider towing operations by increasing the time limits for when a pilot must have completed the required recent flight experience from 12 to 24 calendar months. This proposal responds favorably to a recommendation from the Soaring Safety Foundation that the existing time limits for recent flight experience may be unnecessarily onerous and cannot be supported by any accident statistics.
(41)Proposal to amend certain special rules affecting U.S. military pilots and former U.S. military pilots who apply for FAA pilot certification. The FAA proposes to amend § 61.73 by deleting the requirement under § 61.73(b) that current and former pilots of the U.S. Armed Forces must be on active flying status within the past 12 months to qualify for a pilot certificate and rating under these special rules. Under this proposal, U.S. military pilots and former U.S. military pilots would qualify for their civilian pilot certificate and ratings on the basis of their past qualifications as a U.S. military pilot, completion of the military competency aeronautical knowledge test, and accomplishment of a flight review under existing § 61.57. The FAA proposes new § 61.73(b)(2) to clarify that the aeronautical knowledge test that military pilots are required to take is the “military competency” aeronautical knowledge test. The FAA proposes new paragraph § 61.73(b)(3) that would change the pilot status for qualifying for a pilot certificate and ratings under these special rules from “pilot in command” to “pilot” in the U.S. Armed Forces. The U.S. military's pilot qualification and flight time recording documents and procedures have changed since the initial establishment of § 61.73. The U.S. Armed Forces no longer issues pilot in command orders to its graduates who complete its Undergraduate Pilot Training Course. Pilot in command status occurs when military pilots report to their permanent duty assignment and complete additional unit checkouts. However, the FAA has determined that the end-of-course test for graduation from a current U.S. military Undergraduate Pilot Training Course is similar in scope and content as it was for military pilots when § 61.73 was initially established. The FAA proposes new paragraph § 61.73(c) that would establish that a military pilot of the Armed Forces of a foreign contracting State to the Convention on International Civil Aviation who has been assigned pilot duties (for other than for flight training) with the U.S. Armed Forces would not be required to first hold a current civil pilot license from that contracting State's civil aviation authority. The FAA finds there is no safety reason for the existing requirement. Thus, foreign military pilots who are assigned to U.S. military units would be afforded the opportunity to be issued U.S. commercial pilot certificates and ratings appropriate to their military pilot qualifications. The FAA proposes to amend existing § 61.73(f) and re-designate it as paragraph (e). The purpose of this proposal is to further clarify that a military pilot may qualify for a type rating to be added to a pilot certificate provided there is a comparable civilian type designation of that military aircraft.
(42)Proposal to establish a new privilege and procedures for issuing flight instructor certificates and ratings to U.S. military instructor pilots. The FAA proposes to add § 61.73(g) to establish a new privilege and procedure for issuing flight instructor certificates and ratings to U.S. military instructor pilots who graduate from an U.S. military instructor pilot school with an instructor pilot qualification. The FAA has been participating in a U.S. Department of Labor program that encourages governmental agencies to recognize U.S. military training and qualification. For years, the FAA has recognized the training and qualifications of U.S. military pilots and has issued FAA commercial pilot and instrument rating certification to military rated pilots who graduate from a U.S. Armed Forces undergraduate pilot training school. The FAA now proposes to issue flight instructor certificates and ratings to rated military instructor pilots who graduate from an instructor pilot course of the U.S. Armed Forces. To be issued a flight instructor certificate and rating, a military instructor pilot would have to pass a knowledge test that covers the aeronautical knowledge areas listed under § 61.185(a) of this part that are appropriate to the military instructor pilot ratings and privileges held. This would mean that the applicant would have to pass the appropriate knowledge tests that cover the aeronautical knowledge areas on: • Fundamentals of instructing, including the learning process, elements of effective teaching, student evaluation and testing, course development, lesson planning, and classroom training techniques; • Recreational, private, and commercial pilot certification, applicable to the aircraft category for which flight instructor privileges are sought; and • The aeronautical knowledge areas for the instrument rating applicable to the category for which instrument flight instructor privileges are sought. Additionally, a U.S. military instructor pilot would be required to show the documentation described in proposed § 61.73(g)(3) to an FAA Aviation Safety Inspector, FAA Aviation Safety Technician, or an authorized Examiner (this would mean, authorized to issue the flight instructor certificate and rating(s) to a U.S. military instructor pilot).
(43)Proposal to clarify, simplify, and list the documents required for proving rated U.S. military pilot status to qualify for FAA pilot certification. Proposed § 61.73(h) would clarify, simplify, and list the documents required for proving a current or former rated military pilot is qualified for FAA pilot certification. The purpose is to respond to inquiries received by the FAA on what documents are required to show proof as a rated military pilot in the U.S. Armed Forces.
(44)Proposal to require that a foreign pilot who applies for an U.S. private pilot certificate on the basis of the person's foreign pilot license must hold at least a foreign private pilot license. Proposed § 61.75(a) and
(b)would require that a foreign pilot who applies for an U.S. private pilot certificate on the basis of that person's foreign pilot license hold at least a foreign private pilot license. Additionally, the proposal would require the foreign pilot license to be “valid,” which means it has not been surrendered, suspended, revoked, or expired. Before the August 4, 1997, amendments to part 61 (hereinafter to be referred to as the “1997 Amendments”), § 61.75 provided that to apply for a U.S. pilot certificate on the basis of a foreign pilot license, the pilot had to hold a foreign pilot license at the level of private pilot certificate or higher. The foreign pilot license also had to be issued by a member State to the Convention on International Civil Aviation. Under the 1997 Amendments, the requirement that the foreign pilot license to be at the level of private pilot certificate or higher was deleted without considering that there are some foreign countries that issue pilot certificates below the private pilot license (i.e., recreational pilot licenses, sport pilot licenses, or private pilot licenses with a limitation that restricts the exercising of the foreign pilot license to a particular foreign country). (See 62 FR 16257 and 16321). Therefore, the FAA proposes to amend § 61.77
(a)and
(b)to clarify that the foreign pilot license used to apply for the U.S. private pilot certificate under the provisions of this section must be at a private pilot license level or higher, without geographical restrictions, or otherwise meets at least the private pilot licensing requirements of Annex 1 of the International Civil Aviation Organization.
(45)Proposal to permit the issuance of a U.S. private pilot certificate to foreign pilots who hold a U.S. student pilot certificate. The FAA proposes to amend § 61.75(b)(3) to clarify that a foreign person may apply for a U.S. private pilot certificate if that person holds a U.S. student pilot certificate. Prior to the 1997 Amendments, § 61.75(b)(3) allowed a U.S. pilot certificate to be issued to the holder of a foreign pilot certificate if “he [did] not hold a U.S. pilot certificate of private pilot grade or higher.” When the FAA amended § 61.75(b)(3), it deleted the words “of private pilot grade or higher” to accommodate the recreational pilot certificate without considering that this change would seem to eliminate foreign persons from being able to hold U.S. student pilot certificates. This was unintentional. Thus, under this proposal, we want to clarify that a foreign person may hold a U.S. student pilot certificate and apply for a § 61.75 U.S. private pilot certificate. Furthermore, it should be understood that foreign persons may apply for and receive U.S. pilot certificates through the standard part 61 pilot certification process or under the special provisions and procedures of § 61.75.
(46)Proposal to clarify that an aircraft rating on a pilot certificate based on a foreign pilot license is issued for private pilot certificate privileges only. The FAA proposes to amend § 61.75(c) to clarify that an aircraft rating on a U.S. pilot certificate that was issued on the basis of rating(s) held on the person's foreign pilot license is issued for private pilot privileges only. Before the 1997 Amendments, a person who held a current commercial pilot license or higher level foreign pilot license issued by a contracting State to the Convention on International Civil Aviation
(ICAO)could apply for and be issued U.S. commercial pilot certificate with the appropriate ratings. When § 61.75 was amended, the rule provided for the issuance of a U.S. pilot certificate at the private pilot certification level only. Specifically, § 61.75(a) permits a holder of a current foreign pilot license issued by a contracting State to ICAO to “apply for and be issued a private pilot certificate with the appropriate ratings when the application is based on the foreign pilot license * * *.” However, there is some confusion as to whether § 61.75(c) applies to additional ratings for those foreign pilots who were issued U.S. pilot certificates under § 61.75. Therefore, to further clarify § 61.75(c) so that it conforms to the existing requirements of § 61.75(a), which limits the issuance of the U.S. pilot certificate to the private pilot certificate, the FAA proposes to add the phrase “for private pilot privileges only” to § 61.75(c).
(47)Proposal to correct an error under § 61.75 that states “U.S. private pilot certificate” when it should state “U.S. pilot certificate”. Before the 1997 Amendments, the FAA had issued U.S. commercial pilot certificates to holders of foreign commercial pilot licenses or higher who applied for our U.S. commercial pilot certificate and ratings on the basis of § 61.75. When the FAA amended paragraph
(e)under § 61.75, the rule was changed to read a person who receives a “U.S. private pilot certificate.” The rule, however, needs to account for those outstanding foreign pilots who hold U.S. commercial pilot certificates. Accordingly, the FAA proposes to amend: • Paragraph
(e)by changing the phrase “U.S. private pilot certificate” to “U.S. pilot certificate.” • Paragraph (e)(1) by amending the phrase “U.S. private pilot privileges” to “with the pilot privileges authorized by this part and the limitations placed on that U.S. pilot certificate.” • Paragraph (e)(4) by changing the phrase “U.S. private pilot certificate” to read “U.S. pilot certificate.” • Paragraph
(f)of § 61.75 in two places by changing the phrase “may be used as basis for issuing a U.S. private pilot certificate” to read “may be used as basis for issuing a U.S. pilot certificate.” And in the second sentence change the phrase “used as a basis for issuing a U.S. private pilot certificate” to “used as a basis for issuing a U.S. pilot certificate.” • The title phrase of paragraph
(g)under § 61.75; where it states “Limitation placed on a U.S. private pilot certificate,” it would read “Limitation placed on a U.S. pilot certificate.” The FAA proposes to amend paragraph
(g)in two other places by revising the phrase that reads “A U.S. private pilot certificate issued under this section” to read “A U.S. pilot certificate issued under this section.” And, where it reads “upon which the issuance of the U.S. private pilot certificate,” it would be changed to read “upon which the issuance of the U.S. pilot certificate.”
(48)Proposal to clarify the requirements for issuance of Special Purpose Pilot Authorizations. The FAA proposes to amend various paragraphs under § 61.77 to address some confusion about the special purpose pilot authorizations and correct some inconsistencies. The special purpose pilot authorization is a letter issued by the FAA to a foreign pilot for the purpose of performing pilot duties on a civil aircraft of U.S. registry that is leased to a person who is not a citizen of the United States and for carrying persons or property for compensation or hire. Ever since § 61.77 was last revised under the 1997 Amendments, there has been confusion as to who could be issued a special purpose pilot authorization and what kind of operations are permitted under a special purpose pilot authorization. See 62 FR 16220. For example, the FAA discovered that a foreign corporate operator had been issued special purpose pilot authorizations in error. The FAA never intended that special purpose pilot authorizations be issued to foreign corporate operators that are not performing the carriage of persons or property for compensation or hire. Foreign pilots involved in part 91 operations have the ability to apply for and receive U.S. pilot certificates in accordance with § 61.75 or through the standard part 61 pilot certification process. Therefore, the FAA proposes to add § 61.77(a)(2)(i) through
(iv)to clarify what kind of operations foreign pilots are required to be performing to be eligible for a special purpose pilot authorization. Additionally, the FAA determined that the citizenship or resident status requirement under existing § 61.77(b)(1) conflicts with the policy authorizing holders of foreign pilot licenses to serve as pilots in U.S. registered aircraft for the kinds of flight operations covered by special purpose pilot authorizations. Thus, the citizenship or resident status requirement is unnecessary. The proposal would delete the phrase “from which the person holds citizenship or resident status” under § 61.77(b)(1) because some pilots of foreign air carriers do not even hold citizenship or resident status in the country from which they hold their pilot licenses, as is the case of U. S. citizens who serve as flight crewmembers aboard U.S. registered aircraft for foreign air carriers. Therefore, we have determined this requirement in § 61.77(b)(1) is burdensome and unnecessary. Furthermore, the FAA proposes to delete § 61.77(b)(5) (i.e., a recent flight experience requirement under § 61.57 to be issued a special purpose pilot authorization) because the normal procedure for issuing special purpose pilot authorizations requires the foreign air carriers only to send the application and copies of the person's foreign pilot and medical licenses to the FAA and does not require the airman to appear in person to the FAA. The FAA has no way of determining whether the pilot has complied with § 61.57 currency requirements. Therefore, the FAA proposes to delete existing § 61.77(b)(5).
(49)Proposal to require a student pilot certificate to apply for a recreational pilot certificate. Proposed § 61.96(b)(9) would require a person to hold a student pilot certificate to apply for a recreational pilot certificate. The FAA believes the rules implicitly require a person to hold a student pilot certificate before making application for a recreational pilot certificate. To apply for a recreational pilot certificate, an applicant must log at least 3 hours of solo flight time. See 14 CFR § 61.99(b). To operate an aircraft in solo flight, the person must hold at least a student pilot certificate. See 14 CFR § 61.87(l)(1). However, to avoid confusion, we are proposing to explicitly require a person to hold a student pilot certificate before applying for a recreational pilot certificate.
(50)Proposal to allow recreational pilot certificate holders to act as PIC in rotorcraft with more than a 180 horsepower powerplant. Currently, holders of recreational pilot certificates are limited from acting as PIC of an aircraft that is certificated “with a powerplant of more than 180 horsepower.” The purpose for the more than 180 horsepower powerplant limitation is to keep recreational pilot certificate holders in slower, less complex aircraft. The FAA has determined that the 180 horsepower powerplant limitation is not appropriate for helicopters or gyroplanes. For example, the Bell 47 is a 1950-era helicopter that is simple in design and quite easy to fly. However, because some Bell 47 helicopters' engines exceed the 180 horsepower rating, holders of recreational pilot certificates are restricted from acting as PIC of those helicopters. Therefore, the FAA proposes to amend § 61.101(e)(1)(iii) to exclude aircraft that are certificated in the rotorcraft category from the 180 horsepower powerplant limitation. The 180 horsepower powerplant limitation would only apply to aircraft certificated in the airplane category.
(51)Proposal that a person must hold either a student pilot certificate or a recreational pilot certificate to apply for a private pilot certificate. Proposed § 61.103(j) would require a person to hold either a student pilot certificate or a recreational pilot certificate to apply for a private pilot certificate. The rules implicitly require a person to either hold a student pilot or recreational pilot certificate before making application for a private pilot certificate. To apply for a private pilot certificate, an applicant must log at least 10 hours of solo flight time. See 14 CFR § 61.109. To operate an aircraft in solo flight, the person must hold at least a student pilot certificate. See 14 CFR § 61.87(l)(1). However, to address any possible confusion, the proposed change would explicitly require that a person hold either a student pilot certificate or a recreational pilot certificate to apply for a private pilot certificate.
(52)Proposal to amend the solo cross-country mileage requirements for consistency with the mileage requirements under the definition of “cross-country.” The FAA proposes to amend § 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii) to standardize use of the term “cross-country” throughout part 61. Under § 61.1(b)(3)(ii), the FAA defines the distance of a cross-country flight, in pertinent part, as “more than 50 nautical miles.” Under § 61.109(a)(5)(ii), (b)(5)(ii), and (e)(5)(ii), the regulations erroneously state, “ *of at least* 50 nautical miles” (emphasis added). The proposal amends all definitions of “cross-country” to read “more than 50 nautical miles.”
(53)Proposal to amend the solo cross-country mileage requirement for the private pilot-helicopter rating. The FAA proposes to amend § 61.109(c)(4)(ii) so the cross-country distance requirement for the helicopter rating at the private pilot certification level conforms to the ICAO requirements for the helicopter rating and also conforms to the definition of cross-country distance under § 61.1(b)(3)(v). The existing solo cross-country distance requirement under § 61.109(c)(4)(ii) for the private pilot-helicopter rating states that the solo cross-country flight must be “at least 75 nautical miles total distance.” The ICAO requirements, set forth under Annex I, paragraph 2.7.1.3.2 require that the total distance be at least 100 nautical miles total distance. Therefore, the FAA proposes to amend the private pilot-helicopter rating requirement to conform to the ICAO requirement. Additionally, the helicopter rating for private pilot certification under § 61.109(c)(4)(ii) erroneously states “of at least 25 nautical miles.” The FAA proposes to amend the rules to read “more than 25 nautical miles” to conform to the definition of “cross-country” under § 61.1(b)(3)(v).
(54)Proposal to amend the solo cross-country mileage requirement for the private pilot-gyroplane rating. The FAA proposes to amend § 61.109(d)(4)(ii) to conform the cross-country distance for the gyroplane rating at the private pilot certification level to the ICAO requirements for the gyroplane rating and to § 61.1(b)(3)(v). The existing solo cross-country distance requirement for the private pilot-gyroplane rating states that the solo cross-country flight must be “at least 75 nautical miles total distance.” The ICAO requirements, set forth under Annex I, paragraph 2.7.1.3.2, require that the total distance be at least 100 nautical miles total distance. Therefore, the FAA proposes to amend the cross-country distance for the private pilot-gyroplane rating to conform to the ICAO cross-country distance requirement for the gyroplane rating at the private pilot certification level. Additionally, the gyroplane rating for private pilot certification under § 61.109(d)(4)(ii) erroneously states “of at least 25 nautical miles.” The proposal would amend the rules to read “more than 25 nautical miles” in conformance with the definition of “cross-country” under § 61.1(b)(3)(v).
(55)Proposal to add requirements for ground reference maneuvers for commercial pilot certification—gyroplane rating. Proposed § 61.127(b)(4)(vi) would require training in “ground reference maneuvers” for the gyroplane rating at the commercial pilot certification level. When the FAA amended the area of operations under § 61.127 for the gyroplane rating at the commercial pilot certification level, the reference to “ground reference maneuvers” was deleted. After further review of that decision, the FAA proposes to re-instate “ground reference maneuvers” as an area of operation for the gyroplane rating at the commercial pilot certification level because it is believed by both the agency and training providers to be an important training and certification task. The ground reference maneuvers must include at least “eights around a pylon,” “eights along a road,” “rectangular course,” “S-turns,” and “turns around a point.”
(56)Proposal to delete the requirement for the “ground reference maneuver” in the area of operation for commercial pilot certification—powered-lift rating. The FAA proposes to delete the requirement for the “ground reference maneuver” area of operation under § 61.127(b)(5)(vii) for the powered-lift rating at the commercial pilot certification level. An FAA Flight Standardization Board determined the “ground reference maneuver” is not appropriate for the powered-lift rating at the commercial pilot certification level.
(57)Proposal to clarify the tasks required for “instrument training” for commercial pilot certification—airplane single-engine rating. Ever since the instrument aeronautical experience requirement was adopted under § 61.129 by the 1997 Amendments, we have received questions about what is the appropriate training for instrument aeronautical experience. Therefore, we are proposing § 61.129(a)(3)(i) to clarify the tasks required for “instrument aeronautical experience” for the airplane single-engine rating at the commercial pilot certification level. Under this proposal, “instrument aeronautical experience” would include at least “10 hours of instrument training, of which at least five hours must be in a single-engine airplane and must include training using a view-limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.”
(58)Proposal to clarify the tasks required for “instrument training” for commercial pilot certification—airplane multiengine rating. As discussed above in paragraph 57, the regulated community has asked the FAA to clarify what is considered appropriate training to cover instrument aeronautical experience. Therefore, we are proposing § 61.129(b)(3)(i) to clarify the tasks required for “instrument training” for the airplane multiengine rating at the commercial pilot certification level. This proposal would include at least “10 hours of instrument training, of which at least five hours must be in a multiengine airplane and must include training using a view-limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.”
(59)Proposal to allow use of a flight simulator, flight training device, or PCATD for some of the instrument training required for commercial pilot certification—helicopter rating. Proposed § 61.129(c)(3)(i) would allow the instrument training that is required for the helicopter rating at the commercial pilot certification level to be performed in an aircraft, flight simulator, flight training device, or PCATD. Additionally, the FAA proposes to clarify, in response to questions raised by the regulated community, the training required to satisfy instrument training for the helicopter rating at the commercial pilot certification level. The instrument training would include at least “5 hours of instrument training and must include training using a view-limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.”
(60)Proposal to allow use of a flight simulator, flight training device, or PCATD for some of the instrument training required for commercial pilot certification—gyroplane rating. Proposed § 61.129(d)(3)(i) would reduce the number of hours of instrument training required from 5 to 2.5 hours, and allow the instrument training required for the gyroplane rating at the commercial pilot certification level to be performed in an aircraft, flight simulator, flight training device, or PCATD. The FAA believes that the training for the commercial pilot—gyroplane rating would be more useful if the training focused on other tasks. We recognize that gyroplanes are normally not sufficiently equipped for instrument flight operations and are flown mostly in day-VMC conditions. Additionally, the FAA proposes to clarify, because of the number of questions we have received, the instrument training required to satisfy the “instrument training” required for the gyroplane rating at the commercial pilot certification level. The instrument training would have to include at least 2.5 hours of instrument training, including training using a view-limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.
(61)Proposal to clarify the tasks required for “instrument training” for commercial pilot certification—powered-lift rating. To respond to questions we have received regarding what tasks are required to constitute “instrument training,” we are proposing § 61.129(e)(3)(i) for the powered-lift rating at the commercial pilot certification level. This proposal would require at least “10 hours of instrument training, of which at least five hours must be in a powered-lift and must include training using a view-limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.”
(62)Proposal to allow cross-country training flights to be performed under VFR or IFR. The FAA proposes to amend § 61.129(a)(3)(iii) and (iv), (b)(3)(iii) and (iv), (c)(3)(ii) and (iii), (d)(3)(ii), (e)(3)(ii) and (iii), (g)(4)(ii) and
(iii)to allow the required cross-country flights for commercial pilot certification to be performed under VFR or IFR. Currently, § 61.129 requires one cross-country flight in day VFR conditions and one cross-country flight in night VFR conditions. Since establishing these cross-country training requirements, the FAA has received comments from training schools requesting that we allow flights to be performed under IFR. According to the schools, most applicants for commercial pilot certification—airplane rating and some applicants for the helicopter rating are enrolled in an instrument rating course at the same time they are undergoing their commercial pilot certification training. Thus, it would make sense to allow the cross-country training requirements under § 61.129 to be performed under IFR. The FAA agrees and is proposing to allow the cross-country training requirements under § 61.129 for commercial pilot certification for the airplane, rotorcraft, powered-lift, and airship ratings to be performed under VFR or IFR.
(63)Proposal to delete the night training requirement for commercial pilot certification—gyroplane rating. The FAA proposes to delete the night cross-country aeronautical experience requirement under § 61.129(d)(3)(iii) for the gyroplane rating at the commercial pilot certification level. The FAA is proposing to replace the night cross-country aeronautical experience requirement with 2 hours of flight training at night that consists of ten takeoffs and ten landings at an airport. The reason for this proposal is that night-time training for the gyroplane rating at the commercial pilot certification level would be more useful and more safely conducted in the vicinity of an airport. Gyroplanes have limited equipment and systems for night-time operations, and a cross country flight raises some added safety concerns in gyroplanes with their limited instrument flight and navigation capabilities.
(64)Proposal to amend the commercial pilot certification solo aeronautical experience requirements to allow the aeronautical experience to be performed either solo or while performing the duties of PIC with an instructor on board. The FAA proposes to amend § 61.129(a)(4), (c)(4), (d)(4), (e)(4), and (g)(2) to allow the commercial pilot certification aeronautical experience to be conducted either solo or while performing the duties of PIC with an instructor on board. Even though the commercial pilot certification aeronautical experience requirements for a multiengine airplane rating allow the aeronautical experience requirements to be conducted either solo or with an authorized instructor on board (see § 61.129(b)(4)), the solo aeronautical experience requirements were purposely written differently for other aircraft categories. This is because comments received in response to Notice No. 95-11 (60 FR 41160, August 11, 1995) indicated that some insurance policies prohibit persons who do not already hold the multiengine airplane category and class rating on their pilot certificate from flying solo in multiengine airplanes. Since the adoption of § 61.129, the FAA has learned that some operators of the other categories and classes of aircraft also have the same insurance policy restrictions. Many of these aircraft operators also believe the solo provisions for commercial pilot certification—multiengine airplane rating that permit the training to be performed solo or with an instructor to be on board while the applicant is performing the duties of PIC in a multiengine airplane is beneficial in teaching crew resource management. Some operators have said that they would be agreeable to their commercial pilot applicants practicing abnormal and emergency procedures if the applicant's instructor was on board. Therefore, the FAA proposes to allow commercial pilot certification for the single-engine airplane, helicopter, gyroplane, powered-lift, and airship ratings to be performed either solo or while performing the duties of PIC with an authorized instructor aboard.
(65)Proposal to clarify the tasks required for the “instrument training” for commercial pilot certification—airship rating. Ever since the instrument aeronautical experience requirement was adopted under § 61.129 by the 1997 Amendments, we have received questions about what is considered appropriate training to cover instrument aeronautical experience. Proposed § 61.129(g)(3)(i) would clarify the tasks required for “instrument training” for the airship rating at the commercial pilot certification level to include the use of a view-limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.
(66)Proposal to revise the ATP eligibility requirements for persons holding foreign commercial or ATP pilot licenses. The FAA proposes to make minor revisions to § 61.153(d)(3), the ATP eligibility requirements for persons holding foreign commercial or ATP pilot licenses, by including the requirement that the foreign commercial or ATP pilot license must contain no geographical limitations. The FAA has determined that a foreign applicant for the U.S. ATP certificate should not be qualified if the foreign ATP license has a geographical limitation.
(67)Proposal to move the provisions for use and limitations of a flight simulator and flight training device from the ATP flight proficiency requirements of § 61.157 to the new proposed § 61.64 and to make other clarifying revisions. The FAA proposes to reword proposed § 61.157(g) (existing paragraph (j)) to clarify the use of an aircraft on a practical test for a type rating that is not capable of instrument maneuvers and procedures and the issuance of a type rating with a VFR limitation under those circumstances. This proposal parallels the proposed change under § 61.63(e). Additionally, this proposal would remove paragraphs (g), (h), and
(i)that address the use and limitations of a flight simulator and flight training device and move those requirements under proposed § 61.64.
(68)Proposal to allow an applicant for a type rating at the ATP certification level in a multiengine, single-pilot station airplane to meet the requirements of this part in a multi-seat version of a multiengine airplane. Proposed § 61.157(h) would require an applicant for a type rating at the ATP certification level for a multiengine airplane with single-pilot station to perform the practical test in the multi-pilot seat version of that multiengine airplane. Or, the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that multiengine airplane. This proposal parallels proposed § 61.63(f) for a type rating in a multi-engine airplane with single-pilot station at other than the ATP certification level.
(69)Proposal to allow an applicant for a type rating at the ATP certification level in a single-engine, single-pilot station airplane to meet the requirements of this part in a multi-seat version of a single-engine airplane. Proposed § 61.157(i) would require an applicant for a type rating at the ATP certification level for a single engine airplane with single-pilot station to perform the practical test in the multi-pilot seat version of that single engine airplane. Or, the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that single engine airplane. This proposal parallels proposed § 61.63(g) for a type rating in a single engine airplane with single-pilot station at other than the ATP certification level.
(70)Proposal to allow U.S. military flight engineers to credit flight engineer time when applying for an ATP pilot certificate. Proposed § 61.159(c)(3) would allow a U.S. military flight engineer to credit flight engineer time toward the aeronautical experience requirements for an ATP certificate. Under existing § 61.159(c)(2), a flight engineer who is employed by part 121 operator is allowed to credit flight engineer time toward an ATP certificate. Thus, the proposed change would give military flight engineers the same opportunity.
(71)Proposal to conform ATP aeronautical experience requirements to ICAO requirements. The FAA proposes to amend § 61.159(d) and
(e)to conform to current ICAO requirements for the ATP aeronautical experience requirements for the airplane category as stated in paragraphs 2.1.9.2 and 2.5.1.3 of the Personnel Licensing, ICAO Annex 1, to the Convention on International Civil Aviation. For the past few years, the FAA has received inquiries as to whether applicants for an ATP certificate with the ICAO limitation “Holder does not meet the pilot in command aeronautical experience requirements of ICAO” must have 1,500 hours of total time as a pilot or 1,200 hours of flight time as a pilot as stated in existing § 61.159(d)(2). The current FAA regulation applies an obsolete ICAO ATP airplane aeronautical experience rule. Before 1974, ICAO only required 1,200 hours of total flight time to qualify for an ATP certificate in the airplane category. In 1974, ICAO amended its ATP aeronautical experience requirements for the airplane category to require 1,500 hours of flight time as a pilot and retained the additional qualifying aeronautical experience requirements of only permitting 50 percent of an applicant's second-in-command time to be credited and none of an applicant's flight-engineer time could be credited (see paragraphs 2.1.9 and 2.5.1.3 of ICAO Annex 1, Personnel Licensing). This proposed change would conform the FAA regulations to the existing ICAO standard.
(72)Proposal to delete the flight instructor-glider flight proficiency maneuver known as the “go around” task. The FAA proposes to delete the flight instructor-glider flight proficiency maneuver known as the “go around” under § 61.187(b)(6)(vii) because non-powered gliders are not capable of a go-around maneuver.
(73)Proposal to establish flight instructor qualifications for providing instrument training in flight at the commercial pilot and ATP certification levels. It is necessary to clarify the flight instructor qualifications for those who give instrument training at the commercial pilot and ATP certification levels. For example, existing § 61.129 requires 10 hours of instrument training for the airplane-single-engine, airplane-multiengine, helicopter, gyroplane, powered-lift, and airship ratings at the commercial pilot certification levels. Yet, under existing § 61.195(c), the FAA established flight instructor instrument qualification requirements only for flight instructors who give instrument training for “the issuance of an instrument rating or a type rating not limited to VFR.” The existing regulation does not specifically address the flight instructor qualifications for providing instrument training for the commercial pilot and ATP certification levels. Therefore, the FAA proposes to amend § 61.195(c) to establish that a flight instructor who provides instrument training required at the commercial pilot and airline transport pilot certification levels must hold an instrument rating on both his or her pilot and flight instructor certificates that are appropriate to the category and class of aircraft in which instrument training is being provided.
(74)Proposal to delete an endorsement requirement on a student pilot certificate for solo flight into Class B airspace. The FAA proposes to delete the requirement under § 61.195(d)(3) that a flight instructor must endorse a student pilot's *certificate* to authorize a solo flight in a Class B airspace area or at an airport within Class B airspace. Under existing § 61.95(a)(2) and (b)(2), a student pilot is required only to have his or her *logbook* endorsed when seeking authorization to perform solo flight in Class B airspace or at an airport within Class B airspace. This change would make the flight instructor endorsement requirement parallel the student pilot endorsement requirements of existing § 61.95(a)(2) and (b)(2).
(75)Proposal to establish flight instructor night vision goggle qualification requirements for a flight instructor. The FAA proposes to add paragraph
(k)to § 61.195 to establish qualification requirements for a flight instructor to give PIC qualification and recent training for NVG operations. The FAA proposes that an instructor who gives PIC qualification and recent training for NVG operations must meet the following eligibility requirements: • Has a pilot and flight instructor certificate with the applicable category and class rating for the training. • If appropriate, has a type rating on his or her pilot certificate for the aircraft. • Is pilot-in-command qualified for NVG operations, in accordance with § 61.31(l). • Has logged 100 NVG operations as the sole manipulator of the controls. • Has logged 20 NVG operations as sole manipulator of the controls in the category and class, and type, if class and type is appropriate, of aircraft that the will be given in. • Is qualified and current to act as a pilot in command in NVG operations under § 61.57(f) or (g). • Has a logbook endorsement from an FAA Aviation Safety Inspector or a person who is authorized by the FAA to provide that logbook endorsement that states the flight instructor is authorized to perform the NVG pilot in command qualification and recent flight experience requirements under § 61.31(l) and § 61.57(f) and (g). The FAA has developed these requirements in consultation with industry representatives.
(76)Proposal to allow only a ground instructor with an instrument rating to give ground training for the issuance of an instrument rating and instrument proficiency check and a recommendation for the knowledge test required for an instrument rating. The FAA proposes to amend § 61.215(b) to provide that only a certified ground instructor with an instrument rating may give ground training for the issuance of an instrument rating and instrument proficiency check and a recommendation for the knowledge test required for an instrument rating. Existing § 61.215(b) mistakenly permits a person who holds only an advanced ground instructor
(AGI)certificate to give instrument training. The aeronautical knowledge subject areas for the AGI certificate do not cover instrument subjects on the knowledge test. Only the aeronautical knowledge subject areas for the instrument ground instructor
(IGI)certificate cover instrument subjects. Authorizing instrument privileges to a holder of only an AGI certificate is not appropriate.
(77)Proposal to clarify the recent experience requirements for ground instructors. The FAA proposes to revise § 61.217(a) to clarify the recent experience requirements for ground instructors, particularly the meaning of the phrase “served for at least three months as a ground instructor.” This proposal would delete this phrase and establish more general criteria for recent experience requirements. The intent is to recognize a person's employment or activity as a ground instructor without that person being expected to maintain some kind of a time sheet or log to show that he or she “served for at least three months as a ground instructor.” Furthermore, under this proposal, the FAA would amend § 61.19(e) so that the flight instructor certificate's duration period is linked to these currency requirements.
(78)Proposal to establish night vision goggle instrument and equipment requirements for night vision goggle operations. The FAA proposes to add § 91.205(h) to establish NVG instruments and equipment requirements for NVG operations. This proposal is similar to how the FAA requires certain instruments and equipment for VFR (day), VFR (night), and IFR operations under existing § 91.205. This proposal would state that for NVG flight operations, the following instruments and equipment are required to be installed in the aircraft, are required to be functioning in a normal manner, and must be approved for use by the FAA: • Instruments and equipment specified in § 91.205(b), and, for night flight, instruments and equipment specified in § 91.205(c). • NVGs. • Interior and exterior aircraft lighting system required for use for NVG flight operations. • Two-way radio communications system. • Gyroscopic pitch and bank indicator (artificial horizon). • Generator or alternator of adequate capacity for the required instruments and equipment.
(79)Proposal to clarify that the “counters” for a pilot school's or provisional pilot school's 80 percent or higher pass rate must be 10 different people. The FAA proposes to amend § 141.5 to clarify the meaning of the phrase “a quality of training pass rate of at least 80 percent.” The purpose is to establish that the “counters” for the required 80 percent or higher school pass rate must be taken from 10 different graduates, meaning 10 different people. A graduate can only be counted once in computing the 80 percent pass rate on the first attempt. The wording of existing § 141.5 has raised questions concerning how many graduates have to have graduated. Some have argued that one person could be counted as all 10 graduates. The FAA disagrees and proposes to amend § 141.5 to clarify that the 10 graduates must be 10 different people. The FAA believes that requiring the pass rate to be calculated from 10 different graduates is a better measure of the school's quality of training and provides a more realistic view of the school's pass rate.
(80)Proposal to clarify pilot school examining authority. The FAA has found it necessary to revise the language under § 141.9 because some have misunderstood the rule and believe that when the FAA issues examining authority to a pilot school, it authorizes examining authority for all the training courses of that school. This is not true. The FAA provides examining authority on a course-by-course basis. This would mean, if the pilot school makes specific application for a course, the FAA will issue examining authority if it meets the qualification requirements of § 141.63. Furthermore, the FAA only issues examining authority to a pilot school that meets the requirements of subpart D of part 141, as opposed to a provisional pilot school. Under § 141.63, a provisional pilot school is not qualified to receive examining authority.
(81)Proposal to reduce the number of student enrollments to qualify for a check instructor position. The FAA proposes to amend § 141.33(d)(2) to reduce the number of student enrollments from 50 students to 10 students in a part 141 pilot school to qualify for check instructor positions. The FAA is responding positively to recommendations it has received from the pilot school industry to authorize the use of check instructors in some of the smaller pilot schools. The FAA initially established the figure of 50 student enrollments when it promulgated § 141.33(d)(2) to provide for those flight schools that train large numbers of students. (See 62 FR 16350, April 4, 1997) The position of check instructor was established because the FAA understands it is nearly impossible to expect chief instructors and assistant chief instructors to perform all the required stage checks, end-of-course tests, and instructor proficiency checks in large pilot schools. However, since the adoption of § 141.33(d)(2), a number of moderate sized flight schools have informed the FAA that they have sufficient student activity to justify check instructors. For example, one chief instructor commented that his school has 15 student enrollments and each student requires six stage checks and one end-of-course test. Thus, he is required to perform 105 tests on his school's 15 student enrollments. Another chief instructor commented that he has 15 stage and end-of-course tests per student in his part 141 approved course. This computes to a total of 300 tests he must perform. The FAA has made it clear that it did not expect the chief and assistant chief instructors to delegate all their duties and responsibilities to the check instructors See 62 FR 16350, April 4, 1997. The FAA encourages and expects chief and assistant chief instructors to continue to have direct experience with monitoring the quality of instruction and student performance in their schools. The FAA expects the school's chief and assistant chief instructors to continue checking their instructors' quality of training and their students' performance. However, the FAA recognizes that this can be done by sampling instructor proficiency and student performance. The FAA does not believe it is necessary to establish a regulatory requirement on the numbers of stage checks, end-of-course tests, and instructor proficiency checks that each chief instructor or assistant chief instructor must perform. That decision should be left to the school's management. Therefore, the FAA proposes to reduce the number of student enrollments to qualify for the creation of a check instructor position to ten students. A minimum of ten student enrollments would allow for check instructor positions to be designated for the medium-sized and the smaller pilot schools.
(82)Proposal to accommodate the use of foreign registered aircraft for part 141 training facilities that are located outside of the United States. The FAA proposes to amend § 141.39(b) to allow the use of foreign registered aircraft for part 141 training facilities that are located outside of the U.S. and conduct training outside of the U.S. Under Amendment No. 141-11 (63 FR 53532, October 5, 1998) , the FAA allowed part 141 schools to establish training facilities outside the United States. The FAA has received several inquiries as to whether it is permissible to use foreign registered aircraft when the schools' training facilities are located outside of the United States. Further, questions have arisen whether it is permissible for these pilot schools' training facilities to adhere to maintenance and inspection standards established by a foreign aviation authority and still be in compliance with § 141.39. Pilot schools are currently required to use civil aircraft of U.S. registry. Existing § 141.39 only allows a pilot school's maintenance and inspection standards to be maintained under part 91, subpart E. The FAA, however, wants to accommodate the use of foreign registered aircraft and foreign maintenance and inspection standards established by a foreign aviation authority in pilot schools located outside of the United States when the training is conducted outside the United States. The FAA does not believe there are any potential adverse effects on aviation safety by proposing these changes.
(83)Proposal to delete § 141.53(c)(1) because the requirement is no longer needed. The FAA proposes to delete the provision under § 141.53(c)(1) that states “A training course submitted for approval prior to August 4, 1997 may, if approved, retain that approval until 1 year after August 4, 1997” because the requirement is no longer needed. All courses under part 141 had to receive their re-approval as of August 4, 1998, so the provision is obsolete.
(84)Proposal to clarify the requirement for approval of a training course. For clarification purposes, the FAA proposes to change the phrase “the practical or knowledge test, or any combination thereof” under § 141.55(e)(2)(ii) to read “the practical or knowledge test, as appropriate.” When a pilot school requests final approval for a knowledge training course, at least 80 percent of their students must have passed the knowledge test on the first attempt (knowledge test means “a test on the aeronautical knowledge areas required for an airman certificate or rating that can be administered in written form or by a computer”). When a pilot school requests final approval for a flight training course, at least 80 percent of their students must have passed the practical test on the first attempt (practical test means “a test on the areas of operations for an airman certificate, rating, or authorization that is conducted by having the applicant respond to questions and demonstrate maneuvers in flight, in a flight simulator, or in a flight training device”). The current language is confusing and the testing requirements have been misapplied.
(85)Proposal to clarify the rules for crediting previous training when transferring to a part 141 pilot school. The FAA proposes to clarify § 141.77(c) for crediting previous training based on a proficiency test or a knowledge test. Existing § 141.77(c) provides that, for students who transfer to a part 141 pilot school, crediting for previous training must be based on “a proficiency test or knowledge test, or both.” This language has generated questions about whether it is possible to credit previous flight training strictly on the basis of knowledge test results. The answer is no. The FAA never intended to allow a transfer student to be awarded flight training credit purely on the basis of completing a knowledge test. Nor did the FAA intend to allow a transfer student to be awarded ground training credit on the basis of completing a proficiency test. A student who transfers to a part 141 pilot school and requests credit for previous flight training must complete a proficiency test that is given by the receiving pilot school's chief instructor or delegated check instructor. A student who transfers to a part 141 pilot school and requests credit for previous ground training, must complete a knowledge test that is given by the receiving pilot school's chief instructor or delegated check instructor.
(86)Proposal to allow the chief instructor to delegate certain tasks to a recommending instructor. Under this proposed change, the FAA would allow a chief instructor to delegate certification of a student's training record, graduation certificate, stage check, end-of-course test report, and recommendation for course completion to an assistant chief instructor or recommending instructor. The reason for this proposed change is to allow pilot schools to make better use of chief instructors' time and management responsibilities.
(87)Proposal to amend the eligibility requirement for enrollment in the flight portion of a private pilot certification course. Under the current rules, the FAA requires a person hold at least a recreational or student pilot certificate before enrolling in the *flight portion* of the private pilot certification course. This means that a person must complete his or her medical licensing before beginning flight training. Many pilot schools have indicated that they would like the rule changed because
(1)it affects their ability to credit orientation flights towards overall training requirements (it is common practice when a person inquires about flight training to provide that person a local orientation flight); and
(2)for those pilot schools that are located in remote areas, it may take a week or two for a student to get an appointment for a flight physical. The FAA has evaluated the request made by the pilot schools, and we do not believe there are any safety concerns with accommodating the recommendation. Thus, the FAA is proposing that under part 141, appendix B, paragraph 2, a person is required to hold a recreational or student pilot certificate to begin the solo phase of the private pilot certification course but not for the flight portion of the certification course.
(88)Proposal to conform references to instrument training in the private pilot courses to instrument training for private pilot certification for the airplane and powered-lift ratings. The FAA proposes to amend part 141, appendix B, 4(b)(1)(iii), 4(b)(2)(iii), and 4(b)(5)(iii) of the private pilot certification courses for the airplane single-engine, airplane multiengine, and powered-lift ratings, to mirror the requirements for private pilot certification for the single-engine airplane, multiengine airplane, or powered-lift ratings under existing § 61.109.
(89)Proposal to conform the solo cross-country mileage requirement in a private pilot-airplane single-engine rating course to the definition of “cross-country.” The FAA proposes to amend the solo cross-country distance requirement in paragraph 5(a)(1) of appendix B to part 141 for the private pilot certification—airplane single-engine rating course from requiring a flight of “at least 50 nautical miles” to “more than 50 nautical miles.” This proposal is to conform the distance requirement under this provision to the definition of “cross-country” under § 61.1(b)(3)(ii).
(90)Proposal to conform the solo cross-country mileage requirement in an approved private pilot-airplane multiengine rating course to the definition of “cross-country.” The FAA proposes to amend the solo cross-country distance requirement in paragraph 5(b)(1) of appendix B to part 141 for the private pilot certification—airplane multiengine rating course from requiring a flight of “at least 50 nautical miles” to “more than 50 nautical miles.” The purpose of this proposal is to conform the distance requirement under this provision to the definition of “cross-country” under § 61.1(b)(3)(ii).
(91)Proposal to conform the solo cross-country mileage requirement in an approved private pilot-helicopter rating course to ICAO requirements and the definition of “cross-country.” The FAA proposes to amend paragraph 5(c)(1) of appendix B to part 141 to change the solo cross-country distance requirement for the private pilot certification—helicopter rating course from “at least 75 nautical miles total distance” to “at least 100 nautical miles total distance.” The purpose of this proposal is to conform this provision to the ICAO requirements for the cross-country distance, as set forth in ICAO Annex I, paragraph 2.7.1.3.2, which requires that the total distance for a cross-country flight be at least 100 nautical miles. Also, the FAA proposes to amend the solo cross-country flight requirement in paragraph 5(c)(1) of appendix B to part 141 for the private pilot certification—helicopter rating course from “at least 25 nautical miles” to “ more than 25 nautical miles.” The purpose of this proposal is to conform the distance requirement of this provision to the definition of “cross-country” under § 61.1(b)(3)(v).
(92)Proposal to conform the solo cross-country mileage requirement in an approved private pilot-gyroplane rating course to the definition of “cross-country.” The FAA proposes to amend paragraph 5(d)(1) of appendix B to part 141 to change the solo cross-country distance requirement for the private pilot certification—gyroplane rating course from “at least 75 nautical miles total distance” to “at least 100 nautical miles total distance.” The purpose of this proposal is to conform to the ICAO requirements for cross-country distance, as set forth in ICAO Annex I, paragraph 2.7.1.3.2, which requires that the total distance for a cross-country flight be at least 100 nautical miles. Also, the FAA proposes to amend the solo cross-country flight requirement in paragraph 5(d)(1) of appendix B to part 141 for the private pilot certification—gyroplane rating course from “ at least 25 nautical miles” to “ more than 25 nautical miles.” The purpose of this proposal is to conform the distance requirement under this provision to the definition of “cross-country” under § 61.1(b)(3)(v).
(93)Proposal to conform the solo cross-country mileage requirement in an approved private pilot-powered-lift rating course to the definition of “cross-country.” The FAA proposes to amend the solo cross-country distance requirement in paragraph 5(e)(1) of part 141, appendix B for the private pilot certification—powered-lift rating course from “ at least 50 nautical miles” to “more than 50 nautical miles.” The purpose of this proposal is to conform the distance requirement under this provision to definition of “cross-country” under § 61.1(b)(3)(ii).
(94)Proposal to allow instrument training to be performed in a personal computer aviation training device. The FAA proposes to amend paragraph 4(b) of part 141, appendix C, by adding a paragraph (5). This would allow 10 percent of the instrument training for the instrument rating course to be performed in a PCATD. Under this proposal, the instrument training that would be performed in a PCATD would be given by the holder of a ground instructor certificate with an instrument rating or by a holder of a flight instructor certificate with an instrument rating appropriate to the instrument rating sought. The instrument training given in a PCATD would contribute to the maximum 50 percent of the instrument training permitted to be performed in a flight simulator or a flight training device in accordance with existing paragraph 4(c) of appendix C to part 141. For a PCATD to be used for instrument training under paragraph 4(d) of part 141, appendix C, the PCATD, instrument training, and instrument tasks would have to be approved by the FAA. The instrument training in a PCATD would have to be provided by an authorized instructor. For a person to receive the maximum 10 percent credit in a PCATD, the person could not have logged more than 40 percent of instrument training course required hours in a flight simulator or flight training device. A view-limiting device (e.g., a hood device or fogged glasses) would have to be worn by the applicant when logging instrument training in the PCATD.
(95)Proposal to allow the solo training requirements for the approved commercial pilot certification courses to be performed solo or with an instructor on board. The FAA proposes to amend paragraph 5 of appendix D to part 141 for a commercial pilot certification course to be performed either solo or with a flight instructor on board. The purpose is to conform paragraph 5 of appendix D to part 141 to what is being proposed under §§ 61.129(a)(4), (c)(4), (d)(4), and (e)(4) for the single-engine airplane, helicopter, gyroplane, and powered-lift ratings at the commercial pilot certification level.
(96)Proposal to allow the cross-country training flights for the approved commercial pilot certification courses to be performed under VFR or IFR. The FAA proposes to amend paragraph 4 of part 141, appendix D to allow the cross-country training flights in the commercial pilot certification courses to be performed under VFR or IFR. This proposal responds positively to recommended changes to part 141 from some pilot schools. From the time that the cross-country training requirements under part 141, appendix D, paragraph 4 of were promulgated, the FAA has received recommendations from several pilot schools and companies that prepare training courses to amend the requirements to allow cross-country flights to be performed under IFR. The basis for their recommendation is that most commercial pilot training applicants for airplane ratings and some for helicopter ratings are concurrently enrolled in an instrument rating course. The FAA agrees that it makes sense to allow these cross-country training requirements to be performed under IFR or VFR. The FAA proposes to amend the requirements for the daytime cross-country training flight (see subparagraphs (b)(1)(iii), (b)(2)(iii), (b)(3)(ii), (b)(4)(ii), (b)(5)(ii), (b)(7)(ii)) to read “One cross-country flight during daytime conditions * * * .” This, in effect, would permit the daytime cross-country training flight to be performed under IFR or VFR. The FAA also proposes the night-time cross-country training flight requirements (See subparagraphs (b)(1)(iv), (b)(2)(iv), (b)(3)(iii), (b)(5)(iii), and (b)(7)(iii)) in the commercial pilot certification courses to merely read “One cross-country flight during night-time conditions * * * .” This, in effect, would permit the night-time cross-country training flight to be performed under IFR or under VFR.
(97)Proposal to delete the cross-country training at night time requirement for the commercial pilot certification course for the gyroplane rating. The FAA proposes to delete the cross-country training at night time requirement in paragraph 4(b)(4)(iii) of part 141, appendix D for the commercial pilot certification course for the gyroplane rating. The FAA determined that night-time training for the gyroplane rating for the commercial pilot certification course would be more useful and more safely conducted near an airport, because gyroplanes have very limited equipment and systems for nighttime cross country operations.
(98)Proposal to require ground reference maneuvers as an area of operation for the gyroplane rating in the commercial pilot certificate course. The FAA proposes to amend paragraph 4(d)(4)(vi) of appendix D to part 141 to require ground reference maneuvers as an area of operation for the gyroplane rating in the commercial pilot certificate course. This would conform paragraph 4(d)(4)(vi) of part 141, appendix D with proposed § 61.127(b)(4)(vi) that would require flight proficiency in “ground reference maneuvers” for the gyroplane rating in the commercial pilot certificate course. The ground reference maneuvers must include at least “eights around a pylon,” “eights along a road,” “rectangular course,” “S-turns,” and “turns around a point.”
(99)Proposal to allow the complex airplane training for the approved commercial pilot certification course—airplane single-engine rating to be performed in either a single or multiengine complex airplane. In response to the Aircraft Owners and Pilots Association's
(AOPA)petition for rulemaking of February 11, 1999, the FAA proposes to amend the complex airplane training requirement for the commercial pilot certification course for the single-engine airplane rating under paragraph 4.(b)(1)(ii) of appendix D to part 141. The FAA would allow the commercial pilot certification course for the single-engine airplane rating to be approved with use of either a complex single-engine airplane or a complex multiengine airplane. The use of either a complex single-engine airplane or a complex multiengine airplane to meet the single-engine airplane training requirements is permitted under existing § 61.129(a)(3)(ii) for those training organizations that have chosen not to be approved under part 141. The FAA has determined that the current provision under part 141 may create an unfair financial burden on applicants at a part 141 pilot school versus those applicants who receive their training other than through a part 141 pilot school. Therefore, the FAA proposes to delete the word “single-engine” from paragraph 4.(b)(1)(ii) of part 141, appendix D, so the rule would merely read as “10 hours of training in an airplane that has retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered.”
(100)Proposal to clarify the instrument training for the commercial pilot certification courses for the airplane single-engine, airplane multiengine, helicopter, gyroplane, powered-lift, and airship ratings. The FAA proposes to amend paragraphs 4(b)(1)(i), (2)(i), (3)(i), (4)(i), (5)(i), and (7)(i) of part 141, appendix D to clarify that the tasks required for “instrument training” in the commercial pilot certification courses for the airplane single-engine, airplane multiengine, rotorcraft helicopter, rotorcraft gyroplane, powered-lift, and airship ratings require the use of a view-limiting device ( *e.g.* use of a hood device, fogged goggles, etc.). This proposal is in response to inquiries about what tasks are required to satisfy “instrument training” for commercial pilot certification courses. This proposal would parallel the proposed changes to instrument training under § 61.129 for the airplane single-engine, airplane multiengine, rotorcraft helicopter, rotorcraft gyroplane, powered-lift, and airship ratings at the commercial pilot certification level.
(101)Proposal to require pilots enrolled in an ATP certification course to have met the ATP aeronautical experience requirements of part 61, subpart G prior to completion of the course. The FAA proposes to amend paragraph 2 of part 141, appendix E to establish that a person must first meet the aeronautical experience requirements under part 61, subpart G, for an ATP certificate before completing the flight portion of an ATP certification course. The purpose of this proposal is to clarify that a person who completes the ATP certification course must also have met the appropriate ATP aeronautical experience of part 61, subpart G before applying for the ATP certificate. The existing language in paragraph 2 of part 141, appendix E has been interpreted by some to mean that a person could apply for an ATP certificate after meeting either existing paragraph 2.(a), (b), (c), or
(d)of part 141, appendix E. This is not correct, because an applicant for an ATP certificate must also meet the appropriate aeronautical experience requirements under part 61, subpart G. The proposed introductory language in paragraph 2 in part 141, appendix E will clarify that an applicant for an ATP certificate must also meet the appropriate aeronautical experience requirements under part 61, subpart G prior to completion of the flight portion of the ATP certification course.
(102)Proposal to clarify the ground and flight training required for the approved additional category and/or class rating course. The FAA proposes to amend paragraphs 3 and 4 of appendix I to part 141 to clarify the ground and flight training required for the additional category and/or class rating course. This proposal is in response to questions about what is the amount of ground and flight training required for an add-on aircraft category and/or class rating course. The confusion arises because the language of existing paragraphs 3 and 4 of part 141, appendix I to part 141 that states that training must be in the areas “that are specific to that aircraft category and class rating and pilot certificate level for which the course applies.” Many believe this language does not clearly state what are the required ground and flight training amounts and content for “add-on” category/class courses. Therefore, the FAA proposes to expand the content of paragraphs 3 and 4 of part 141, appendix I for these additional category and/or class rating courses to specify the required amount of ground and flight training and their content for an add-on aircraft category and/or class rating course at the recreational pilot, private pilot, commercial pilot, and ATP certification levels. Proposed paragraphs 3 and 4 also would establish the required amount of ground and flight training and their content for just an “add-on” class rating ( *i.e.* , where the applicant already holds a rating in that aircraft category, and the course at issue is only for an added class rating within that aircraft category) at the various pilot certification levels. VIII. Regulatory Notices and Analyses Paperwork Reduction Act Information collection requirements associated with this NPRM have been approved previously by the Office of Management and Budget
(OMB)under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) and have been assigned OMB Control Numbers 2120-0009 and 0021. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to comply with International Civil Aviation Organization
(ICAO)Standards and Recommended Practices to the maximum extent practicable. There is one proposal in this notice (See proposal No. 71) where the FAA is proposing to amend § 61.159(d) and
(e)to conform our ATP certification requirements to ICAO Standards and Recommended Practices. Executive Order 12866 and DOT Regulatory Policies and Procedures Pilot, Flight Instructor, and Pilot School Certification: Economic Assessment, Initial Regulatory Flexibility Determination, Trade Impact Assessment, and Unfunded Mandates Assessment Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule. We suggest readers seeking greater detail read the full regulatory evaluation, a copy of which we have placed in the docket for this rulemaking. In conducting these analyses, FAA has determined that this proposed rule:
(1)Has benefits that justify its costs,
(2)is not an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866,
(3)is not “significant” as defined in DOT's Regulatory Policies and Procedures;
(4)would not have a significant economic impact on a substantial number of small entities;
(5)would not create unnecessary obstacles to the foreign commerce of the United States; and
(6)would not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below. The FAA proposes to amend the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. These changes are needed to clarify, update, and correct our existing regulations. For the proposed revisions, for which we were able to quantify the cost savings, we estimate this proposal to generate cost savings of $31.6 million ($22.0 million, discounted) and $4.0 million ($3.0 million, discounted) of costs over the 2007-2016 time period. Therefore, this proposal is estimated to generate a net cost savings of $27.6 million ($19.1 million, discounted) over the same ten-year period and is cost-beneficial. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)
(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. The cost of the additional training for the night vision goggle requirement is about $1,800 per pilot ($1,800 ≉ $1,167,138 (undiscounted cost of night vision goggle training in year 1) ÷ 650 (estimated population that would receive night vision goggle training in year 1)). Since the training is optional these small costs would not impose a burden on any small entity. Also, this proposal could result in annual cost savings of about $625 per rotorcraft pilot and a maximum cost savings of about $430 per GA pilot by allowing the use of alternate methods to maintain instrument currency. We do not consider the costs or cost-savings of this rule to be significant. Therefore, the FAA certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities. The FAA solicits comments regarding this determination. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this proposed rule and has determined that it would have only a domestic impact and therefore no affect on international trade. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation with the base year 1995) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $128.1 million in lieu of $100 million. This proposed rule does not contain such a mandate. Executive Order 13132, Federalism The FAA has analyzed this proposed rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action would 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, and therefore would not have federalism implications. Plain English Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each agency to write regulations that are simple and easy to understand. We invite your comments on how to make these proposed regulations easier to understand, including answers to questions such as the following: • Are the requirements in the proposed regulations clearly stated? • Do the proposed regulations contain unnecessary technical language or jargon that interferes with their clarity? • Would the regulations be easier to understand if they were divided into more (but shorter) sections? • Is the description in the preamble helpful in understanding the proposed regulations? • Please send your comments to the address specified in the ADDRESSES section. Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this proposed rulemaking action qualifies for the categorical exclusion identified in paragraph 307(k) and involves no extraordinary circumstances. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA has analyzed this NPRM under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). We have determined that it is not a “significant energy action” under the executive order because it is not a “significant regulatory action” under Executive Order 12866, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. List of Subjects 14 CFR Part 61 Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Recreation and recreation areas, Reporting and recordkeeping requirements, Security measures, Teachers. 14 CFR Part 91 Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico, Noise control, Political candidates, Reporting and recordkeeping requirements, Yugoslavia. 14 CFR Part 141 Airmen, Educational facilities, Reporting and recordkeeping requirements, Schools. The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend Chapter I of Title 14, Code of Federal Regulations, as follows: PART 61—CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS 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. 2. Amend § 61.1 by: A. Revising paragraph (b)(2)(i) and (ii); B. Re-designating existing paragraphs (b)(12) through
(16)as paragraphs (b)(15) through (19); C. Re-designating existing paragraphs (b)(4) through
(11)as paragraphs (b)(5) through (12); and D. Adding new paragraphs (b)(4), (13), (14), and
(20)to read as follows: § 61.1 Applicability and definitions.
(b)* * *
(2)* * *
(i)A person who holds a valid ground instructor certificate issued under part 61 of this chapter, and is current, as specified in § 61.217, when conducting ground training in accordance with the privileges and limitations of his or her ground instructor certificate;
(ii)A person who holds a valid flight instructor certificate issued under part 61 of this chapter, and is current, as specified in § 61.197, when conducting ground training or flight training in accordance with the privileges and limitations of his or her flight instructor certificate; or
(4)*Current* as it relates to a pilot certificate, rating, or authorization means the pilot meets the appropriate recent flight experience requirements of this part for the flight operation being conducted; *current* as it relates to a flight instructor certificate means the flight instructor meets the flight instructor recent experience as specified in § 61.197; and *current* as it relates to a ground instructor certificate means the ground instructor meets the recent experience as specified in § 61.217.
(13)*Night vision goggles* means an appliance worn by a pilot that enhances the pilot's ability to maintain visual surface reference at night.
(14)*Night vision goggle operation* means the portion of a flight that occurs during the time period from 1 hour after sunset to 1 hour before sunrise where the pilot maintains visual surface reference using night vision goggles in an aircraft that is approved for such an operation.
(20)*Valid* airman certificate, rating or authorization means it has not been surrendered, suspended, revoked, or expired. 3. Amend § 61.3 by revising paragraphs
(a)introductory text, (a)(1),
(b)introductory text, (c)(1), (f)(2)(i), (f)(2)(ii), (g)(2)(i), (g)(2)(ii), and (j)(1) introductory text and by removing paragraph (j)(3) to read as follows: § 61.3 Requirement for certificates, ratings, and authorizations.
(a)*Pilot certificate.* A person may not serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person—
(1)Has a current and valid pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a current and valid pilot license issued by that country may be used; and
(b)*Required pilot certificate for operating a foreign-registered aircraft.* A person may not serve as a required pilot flight crewmember of a civil aircraft of foreign registry within the United States, unless that person's pilot certificate—
(c)*Medical certificate.*
(1)Except as provided under paragraph (c)(2) of this section, a person may not serve as a required pilot flight crewmember of an aircraft, unless that person has a valid and appropriate medical certificate issued under part 67 of this chapter or other documentation acceptable to the FAA that is in that person's physical possession or readily accessible in the aircraft.
(f)* * *
(2)* * *
(i)Holds a current and valid pilot certificate with category and class ratings for that aircraft and a current instrument rating for that category aircraft;
(ii)Holds a current and valid airline transport pilot certificate with category and class ratings for that aircraft; or
(g)* * *
(2)* * *
(i)Holds a current and valid pilot certificate with category and class ratings for that aircraft and a current instrument rating for that category aircraft;
(ii)Holds a current and valid airline transport pilot certificate with category and class ratings for that aircraft; or
(j)* * *
(1)*Age limitation.* No person who holds a pilot certificate issued under this part may serve as a pilot on a civil aircraft of the United States in the following operations if the person has reached his or her 60th birthday— 4. Amend § 61.19 by revising paragraphs (b), (d), and
(e)to read as follows: § 61.19 Duration of pilot and instructor certificates.
(b)*Student pilot certificate.*
(1)For student pilots who have not reached their 40th birthday, if the medical portion of the certificate is current, the student pilot certificate remains current for 36 calendar months from the month issued.
(2)For student pilots who have reached their 40th birthday, if the medical portion of the certificate is current, the student pilot certificate remains current for 24 calendar months from the month issued.
(3)For student pilots seeking a glider or balloon rating only, the student pilot certificate remains current for 36 calendar months from the month issued, regardless of the student pilot's age.
(d)*Flight instructor certificate.* A flight instructor certificate:
(1)Is issued without a specific expiration date;
(2)Remains current as long as the holder complies with § 61.197 of this part (recent flight instructor experience) every 24 calendar months or § 61.199 of this part (reinstatement); and
(3)Is valid only as long as the holder of the certificate maintains a valid U.S. pilot certificate.
(e)*Ground instructor certificate.* A ground instructor certificate:
(1)Is issued without a specific expiration date; and
(2)Remains current as long as the holder complies with the requirements under § 61.217 of this part. 5. Amend § 61.23 by: A. Revising paragraph (a)(3)(iv); B. Redesignating paragraph (a)(3)(v) as (a)(3)(vi); C. Adding new paragraphs (a)(3)(v) and (vii); D. Revising newly designated paragraph (vi); E. Revising paragraphs (b)(3), (7), and (8); and F. Adding a new paragraph (b)(9) to read as follows: § 61.23 Medical certificates: Requirement and duration.
(a)* * *
(3)* * *
(iv)When exercising the privileges of a flight instructor certificate and acting as the pilot in command;
(v)When exercising the privileges of a flight instructor certificate and serving as a required pilot flight crewmember;
(vi)When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate; or
(vii)When performing the duties as an Examiner in an aircraft when administering a practical test or proficiency check for an airman certificate, rating, or authorization.
(b)* * *
(3)When exercising the privileges of a pilot certificate with a glider category rating or balloon class rating in a glider or a balloon, as appropriate;
(7)When serving as an Examiner or check airman and administering a practical test or proficiency check for an airman certificate, rating, or authorization conducted in a glider, balloon, flight simulator, or flight training device;
(8)When taking a practical test or a proficiency check for a certificate, rating, authorization or operating privilege conducted in a glider, balloon, flight simulator, or flight training device; or
(9)When a pilot of the U.S. Armed Forces can show a current medical examination for pilot flight status from a medical facility of the U.S. Armed Forces and the flight does not involve air transportation services under parts 121, 125, or 135 of this chapter. 6. Amend § 61.29 by: A. Removing paragraph (d)(3); B. Re-designating existing paragraphs (d)(4) and (d)(5) as paragraphs (d)(3) and (d)(4); and C. Revising newly re-designated paragraph (d)(4) to read as follows: § 61.29 Replacement of a lost or destroyed airman or medical certificate or knowledge test report.
(d)* * *
(4)Any information regarding the—
(i)Grade, number, and date of issuance of the airman certificate and ratings, if appropriate;
(ii)Class of medical certificate, the place and date of the medical exam, name of the Airman Medical Examiner (AME), and the circumstances concerning the loss of the original medical certificate, as appropriate; and
(iii)Date the knowledge test was taken, if appropriate. 7. Amend § 61.31 by: A. Revising paragraph (d); B. Re-designating existing paragraph
(k)as (l); and C. Adding new paragraph
(k)to read as follows: § 61.31 Type rating requirements, additional training, and authorization requirements.
(d)*Aircraft category, class, and type ratings: Limitations on operating an aircraft as the pilot in command.* To serve as the pilot in command of an aircraft, a person must—
(1)Hold the appropriate category, class, and type rating (if a class or type rating is required) for the aircraft to be flown; or
(2)Have received training required by this part that is appropriate to the pilot certification level, aircraft category, class, and type rating (if a class or type rating is required) for the aircraft to be flown, and have received an endorsement for solo flight in that aircraft from an authorized instructor.
(k)*Additional training required for night vision goggle operations.*
(1)Except as provided under paragraph (k)(3) of this section, no person may act as a pilot in command of an aircraft using night vision goggles unless that person receives and logs ground training from an authorized instructor and obtains a logbook or training record endorsement from an authorized instructor who certifies the person completed the ground training. The ground training must include the following subjects:
(i)Applicable portions of this chapter that relate to night vision goggle limitations and flight operations;
(ii)Aeromedical factors relating to the use of night vision goggles, including how to protect night vision, how the eyes adapt to night, self-imposed stresses that affect night vision, effects of lighting on night vision, cues used to estimate distance and depth perception at night, and visual illusions;
(iii)Normal, abnormal, and emergency operations of night vision goggle equipment;
(iv)Night vision goggle performance and scene interpretation; and
(v)Night vision goggle operation flight planning, including night terrain interpretation and factors affecting terrain interpretation.
(2)Except as provided under paragraph (k)(3) of this section, no person may act as a pilot in command of an aircraft using night vision goggles unless that person receives and logs flight training from an authorized instructor and obtains a logbook or training record endorsement from an authorized instructor who found the person proficient in the use of night vision goggles. The flight training must include the following tasks:
(i)Preparation and use of internal and external aircraft lighting systems for night vision goggle operations;
(ii)Preflight preparation of night vision goggles for night vision goggle operations;
(iii)Proper piloting techniques when using night vision goggles during the takeoff, climb, enroute, descent, and landing phases of flight; and
(iv)Normal, abnormal, and emergency flight operations using night vision goggles.
(3)The requirements under paragraphs (k)(1) and
(2)of this section do not apply if a person can document satisfactory completion of any of the following pilot proficiency checks using night vision goggles in an aircraft:
(i)A pilot proficiency check for using night vision goggles conducted by the U.S. Armed Forces; or
(ii)A pilot proficiency check for using night vision goggles under part 135 of this chapter conducted by an Examiner or check airman. 8. Amend § 61.35 by revising paragraph (a)(2)(iv) to read as follows: § 61.35 Knowledge test: Prerequisites and passing grades.
(a)* * *
(2)* * *
(iv)Permanent mailing address. If the permanent mailing address includes a post office box number, then provide a current residential address. 9. Amend § 61.39 by revising paragraphs (b)(2), (c)(1) , (c)(2), (d), and
(e)to read as follows: § 61.39 Prerequisites for practical tests.
(b)* * *
(2)Is employed by the U.S. Armed Forces as a flight crewmember in U.S. military air transport operations at the time of the practical test and has completed the pilot in command aircraft qualification training program that is appropriate to the pilot certificate and rating sought.
(c)* * *
(1)Holds a valid foreign pilot license issued by a contracting State to the Convention on International Civil Aviation that authorizes at least the privileges of the pilot certificate sought;
(2)Is only applying for a type rating; or
(d)If all increments of the practical test are not completed in 1 day, all remaining increments of the test must be completed within 2 calendar months after the month the applicant began the test.
(e)If all increments of the practical test are not completed within 2 calendar months after the month the applicant began the test, the applicant must retake the entire practical test. 10. Amend § 61.43 by revising paragraphs
(a)and
(b)to read as follows: § 61.43 Practical tests: General procedures.
(a)Completion of the practical test for a certificate or rating consists of—
(1)Performing the tasks specified in the areas of operation for the airman certificate or rating sought within the approved practical test standards;
(2)Demonstrating mastery of the aircraft by performing each task successfully;
(3)Demonstrating proficiency and competency within the approved standards; and
(4)Demonstrating sound judgment.
(b)The pilot flight crew complement required during the practical test is based on one of the following requirements that applies to the aircraft being used on the practical test:
(1)If the aircraft's FAA-approved flight manual requires the pilot flight crew complement be a single pilot, then the applicant must demonstrate single pilot proficiency on the practical test.
(2)If the aircraft's type certification data sheet requires the pilot flight crew complement be a single pilot, then the applicant must demonstrate single pilot proficiency on the practical test.
(3)If the FAA Flight Standardization Board report, FAA-approved aircraft flight manual, or aircraft type certification data sheet allows the pilot flight crew complement to be either a single pilot, or a pilot and a copilot, then the applicant may demonstrate single pilot proficiency or have a copilot on the practical test. If the applicant performs the practical test with a copilot, the limitation of “Second in Command Required” will be placed on the applicant's pilot certificate. The limitation may be removed if the applicant passes the practical test by demonstrating single-pilot proficiency in the aircraft in which single-pilot privileges are sought. 11. Amend § 61.45 by revising paragraphs (a)(2)(iii) and
(c)to read as follows: § 61.45 Practical tests: Required aircraft and equipment.
(a)* * *
(2)* * *
(iii)A military aircraft of the same category, class, and type, if class and type are applicable, for which the applicant is applying for a certificate or rating, and provided—
(A)The aircraft is under the direct operational control of the U.S. Armed Forces;
(B)The aircraft is airworthy under the maintenance standards of the U.S. Armed Forces; and
(C)The applicant has a letter from his or her commanding officer authorizing the use of the aircraft for the practical test.
(c)*Required controls.* Except for lighter-than-air aircraft and gliders, an aircraft used for a practical test must have engine power controls and flight controls that are easily reached and operable in a conventional manner by both pilots, unless the Examiner determines that the practical test can be conducted safely in the aircraft without the controls easily reached by the Examiner. 12. Amend § 61.51 by: A. Adding new paragraph (b)(3)(iv); B. Revising paragraph (b)(1)(iv), (b)(2)(v), (b)(3)(iii), (e), the heading of paragraph
(g)and paragraph (g)(4); and C. Adding new paragraphs
(j)and
(k)to read as follows: § 61.51 Pilot logbooks.
(b)* * *
(1)* * *
(iv)Type and identification of aircraft, flight simulator, flight training device, or personal computer aviation training device, as appropriate.
(2)* * *
(v)Training received in a flight simulator, flight training device, or personal computer aviation training device from an authorized instructor.
(3)* * *
(iii)Simulated instrument conditions in flight, a flight simulator, flight training device, or personal computer aviation training device.
(iv)Use of night vision goggles in an aircraft in flight, in a flight simulator, or in a flight training device.
(e)*Logging pilot in command flight time.*
(1)A recreational, private, commercial, or airline transport pilot may log pilot in command flight time for flights—
(i)When the pilot is the sole manipulator of the controls of an aircraft for which the pilot is rated, or has sport pilot privileges;
(ii)When the pilot is the sole occupant in the aircraft;
(iii)When the pilot, except for a recreational pilot, acts as pilot in command of an aircraft for which more than one pilot is required under the type certification of the aircraft or the regulations under which the flight is conducted; or
(iv)When the pilot performs the duties of pilot in command while under the supervision of a qualified pilot in command provided—
(A)The pilot performing the duties of pilot in command holds a current and valid commercial or airline transport pilot certificate and aircraft rating that is appropriate to the category and class of aircraft being flown, if a class rating is appropriate;
(B)The pilot performing the duties of pilot in command is undergoing an approved pilot in command training program that includes ground and flight training on the following areas of operation— ( *1* ) Preflight preparation; ( *2* ) Preflight procedures; ( *3* ) Takeoff and departure; ( *4* ) In-flight maneuvers; ( *5* ) Instrument procedures; ( *6* ) Landings and approaches to landings; ( *7* ) Normal and abnormal procedures; ( *8* ) Emergency procedures; and ( *9* ) Postflight procedures;
(C)The supervising pilot in command holds a— ( *1* ) Current and valid commercial pilot certificate and flight instructor certificate, and aircraft rating that is appropriate to the category, class, and type of aircraft being flown, if a class or type rating is required; or ( *2* ) Current and valid airline transport pilot certificate and aircraft rating that is appropriate to the category, class, and type of aircraft being flown, if a class or type rating is required; and
(D)The supervising pilot in command logs the pilot in command training in the pilot's logbook, certifies the pilot in command training in the pilot's logbook, and attests to that certification with his or her signature, and flight instructor certificate number.
(2)If rated to act as pilot in command of the aircraft, an airline transport pilot may log all flight time while acting as pilot in command of an operation requiring an airline transport pilot certificate.
(3)A certificated flight instructor may log pilot in command time for all flight time while serving as the authorized instructor in an operation if the instructor is rated to act as pilot in command of that aircraft.
(g)*Logging instrument time.*
(4)A person can use time in a flight simulator, flight training device, or personal computer aviation training device for acquiring instrument aeronautical experience for a pilot certificate, rating, or instrument recency experience, provided an authorized instructor is present to observe that time and signs the person's logbook to verify the time and the content of the training session.
(j)*Aircraft requirements for logging flight time.* For a person to log flight time, the time must be acquired in an aircraft that is identified as an aircraft under § 61.5(b), and is—
(1)An aircraft of U.S. registry with a current standard, limited, restricted, experimental, or primary airworthiness certificate;
(2)A light sport aircraft for a sport pilot rating or privilege;
(3)An aircraft of foreign registry with an airworthiness certificate that is approved by the aviation authority of a foreign country that is a member state to the Convention on International Civil Aviation Organization;
(4)A military aircraft under the direct operational control of the U.S. Armed Forces; or
(5)A public aircraft under the direct operational control of a Federal, State, County, or Municipal law enforcement agency, if the flight time was acquired by the pilot while engaged on an official law enforcement flight for a Federal, State, County, or Municipal law enforcement agency.
(k)*Logging night vision goggle time.*
(1)A person may log night vision goggle time only for the time the person uses night vision goggles as the primary visual reference of the surface and operates:
(i)An aircraft during a night vision goggle operation; or
(ii)A flight simulator or flight training device with the lighting system adjusted to represent the period beginning 1 hour after sunset and ending 1 hour before sunrise.
(2)An authorized instructor may log night vision goggle time when that person conducts training using night vision goggles as the primary visual reference of the surface and operates:
(i)An aircraft during a night goggle operation; or
(ii)A flight simulator or flight training device with the lighting system adjusted to represent the period beginning 1 hour after sunset and ending 1 hour before sunrise.
(3)To log night vision goggle time to meet the recent night vision goggle experience requirements under § 61.57(f), a person must log the information required under § 61.51(b). 13. Amend § 61.57 by revising paragraph
(c)and (d); and adding new paragraphs
(f)and
(g)to read as follows: § 61.57 Recent flight experience: Pilot in command.
(c)*Instrument experience.* Except as provided in paragraph
(e)of this section, no person may act as pilot in command under IFR or weather conditions less than the minimums prescribed for VFR unless:
(1)*Use of an airplane, powered-lift, helicopter, or airship for maintaining instrument experience.* Within the 6 calendar months preceding a flight, that person performed and logged at least the following tasks, iterations, and flight time in an airplane, powered-lift, helicopter, or airship, as appropriate, for the instrument rating privileges to be maintained in actual weather conditions, or under simulated conditions using a view-limiting device that involves performing the following—
(i)Six instrument approaches consisting of both precision and non-precision approaches.
(ii)One complete holding pattern at a radio station and one complete holding pattern at an intersection or at a waypoint.
(iii)One hour of cross-country flying that involves intercepting and tracking courses through the use of navigation systems, performing a takeoff, area departure, enroute, area arrival, approach, and missed approach phase of flight.
(2)*Use of a flight simulator or flight training device for maintaining instrument experience.* Within the 6 calendar months preceding the flight, that person performed and logged at least the following tasks, iterations, and simulation time in a flight simulator or flight training device, provided the flight simulator or flight training device represents the category of aircraft for the instrument rating privileges to be maintained and the person uses a view-limiting device that involves performing the following—
(i)Three hours of instrument experience.
(ii)Two 180-degree steep turns involving turns in both directions.
(iii)One complete holding pattern at a radio station and one complete holding pattern at an intersection or at a waypoint.
(iv)Six precision approaches.
(v)Six non-precision approaches.
(vi)Two usual altitude recoveries while in a descending, V <sup>ne</sup> airspeed condition and two usual altitude recoveries while in an ascending, stall speed condition.
(vii)One hour of a simulated cross-country operation that involves intercepting and tracking courses through the use of navigation systems, performing a takeoff, area departure, enroute, area arrival, approach, and missed approach phase of flight.
(3)*Use of a personal computer aviation training device for maintaining instrument experience.* Within the 2 calendar months preceding the flight, that person performed and logged at least the following tasks, iterations, and simulation time in a personal computer aviation training device and the person uses a view-limiting device that involves performing the following—
(i)Three hours of instrument experience.
(ii)Two 180-degree steep turns involving turns in both directions.
(iii)One complete holding pattern at a radio station and one complete holding pattern at an intersection or at a waypoint.
(iv)Six precision approaches.
(v)Six non-precision approaches.
(vi)Two usual altitude recoveries while in a descending, V <sup>ne</sup> airspeed condition and two usual altitude recoveries while in an ascending, stall speed condition.
(vii)One hour of a simulated cross-country operation that involves intercepting and tracking courses through the use of navigation systems, performing a takeoff, area departure, enroute, area arrival, approach, and missed approach phase of flight.
(4)*Combination of completing instrument experience in an aircraft and a flight simulator, flight training device, or personal computer aviation training device.* A person who elects to complete the instrument experience with a combination of an aircraft, and a flight simulator, flight training device, or personal computer aviation training device must have within the 6 calendar months preceding the flight performed and logged—
(i)One hour of cross-country flying in an airplane, powered-lift, helicopter, or airship, as appropriate, for the instrument rating privileges to be maintained in actual weather conditions, or under simulated conditions using a view-limiting device and performing the tasks of intercepting and tracking courses by the use of navigation systems, performing a takeoff, area departure, enroute, area arrival, approach, and missed approach phase of flight; and
(ii)Three hours of instrument experience using a view-limiting device in a flight simulator, flight training device, or a personal computer aviation training device that represents the category of aircraft for the instrument rating privileges to be maintained and involves performing at least the following tasks—
(A)Two 180-degree steep turns involving turns in both directions.
(B)One complete holding pattern at a radio station and one complete holding pattern at an intersection or at a waypoint.
(C)Six precision approaches.
(D)Six non-precision approaches.
(E)Two usual altitude recoveries while in a descending, V <sup>ne</sup> airspeed condition and two usual altitude recoveries while in an ascending, stall speed condition.
(F)One hour of a simulated cross-country operation that involves intercepting and tracking courses through the use of navigation systems, performing a takeoff, area departure, enroute, area arrival, approach, and missed approach phase of flight.
(5)*Combination of completing instrument experience in a flight simulator or flight training device, and a personal computer aviation training device.* A person who elects to complete the instrument experience with a combination of a flight simulator or flight training device, and a personal computer aviation training device must have within the 6 calendar months preceding the flight performed and logged—
(i)One hour of a simulated cross-country operation using a view-limiting device in a flight simulator or flight training device that represents the category of aircraft for the instrument rating privileges to be maintained and involves performing the tasks of intercepting and tracking courses through the use of navigation systems, performing a takeoff, area departure, enroute, area arrival, approach, and missed approach phase of flight; and
(ii)Three hours of instrument experience using a view-limiting device in a personal computer aviation training device that represents the category of aircraft for the instrument rating privileges to be maintained and involves performing at least the following tasks—
(A)Two 180-degree steep turns involving turns in both directions.
(B)One complete holding pattern at a radio station and one complete holding pattern at an intersection or at a waypoint.
(C)Six precision approaches.
(D)Six non-precision approaches.
(E)Two usual altitude recoveries while in a descending, V <sup>ne</sup> airspeed condition and two usual altitude recoveries while in an ascending, stall speed condition.
(F)One hour of a simulated cross-country operation that involves intercepting and tracking courses through the use of navigation systems, performing a takeoff, area departure, enroute, area arrival, approach, and missed approach phase of flight.
(6)*Maintaining instrument recent experience in a glider.*
(i)Unless the person has performed and logged flight time in a glider for the instrument rating privileges to be maintained in actual weather conditions or under simulated conditions that include the following:
(A)One hour of instrument flight time in a glider or in a single-engine airplane using a view limiting device while performing cross-country practice operations that involve intercepting and tracking courses through the use of navigation systems while performing an area departure, enroute, and area arrival phase of flight; and
(B)Two hours of instrument flight time in a glider or a single-engine airplane with the use of a view limiting device while performing straight glides, turns to specific headings, steep turns, flight at various airspeeds, navigation, and slow flight and stalls.
(ii)Before a pilot is allowed to carry a passenger in a glider under IFR or in weather conditions less than the minimums prescribed for VFR, that pilot also must have logged and performed 2 hours of instrument flight time in a glider using a view limiting device while performing performance maneuvers, performance airspeeds, navigation, slow flight, and stalls.
(d)*Instrument proficiency check.* Except as provided in paragraph
(e)of this section, a person who does not meet the instrument experience requirements of paragraph
(c)of this section within the 12 calendar months before the flight may not serve as pilot in command under IFR or in weather conditions less than the minimums prescribed for VFR until having passed an instrument proficiency check that consists of the tasks required by the instrument rating practical test.
(f)*Night vision goggle operating experience.*
(1)No person may act as a pilot in command in a night vision goggle operation with passengers on board unless, within 2 calendar months before the flight, that person performs and logs the following tasks as the sole manipulator of the controls on a flight during a night vision goggle operation—
(i)Three takeoffs and three landings, with each takeoff and landing including a climbout, cruise, descent, and approach phase of flight (only required if the pilot wants to use night vision goggles during the takeoff and landing phases of the flight).
(ii)Three hovering tasks (only required if the pilot wants to use night vision goggles when operating helicopters or powered-lifts during the hovering phase of flight).
(iii)Three area departure and area arrival tasks.
(iv)Three tasks of transitioning from aided night flight ( *aided night flight* means where the pilot uses night vision goggles to maintain visual surface reference) to unaided night flight ( *unaided night flight* means where the pilot does not use night vision goggles) and back to aided night flight.
(v)Three night vision goggle operations, or when operating helicopters or powered-lifts, six night vision goggle operations.
(2)No person may act as a pilot in command using night vision goggles unless, within 4 calendar months before the flight, that person performs and logs the tasks listed in paragraph (f)(1)(i) through
(v)of this section as the sole manipulator of the controls during a night vision goggle operation.
(g)*Night vision goggle proficiency check.* A person must either meet the night vision goggle experience requirements of paragraphs (f)(1) or (f)(2) of this section or pass a night vision goggle proficiency check to act as pilot in command using night vision goggles. The proficiency check must be performed in the category of aircraft that is appropriate to the night vision goggle operation the person is seeking the night vision goggle privilege or in a flight simulator or flight training device that is representative of that category of aircraft. The check must consist of the tasks listed under § 61.31(l) of this part, and the check must be performed by:
(1)An Examiner who is qualified and current to perform night vision goggle operations in that same aircraft category and class;
(2)A person who is authorized by the U.S. Armed Forces to perform night vision goggle proficiency checks, provided the person being administered the check is also member of the U.S. Armed Forces;
(3)A company check pilot who is authorized to perform night vision goggle proficiency checks under parts 121, 125, or 135 of this chapter, provided that both the check pilot and the pilot being tested are employees of that operator;
(4)An authorized flight instructor who is qualified and current to perform night vision goggle operations in that same aircraft category and class;
(5)A person who is qualified and current as pilot in command for night vision goggle operations in accordance with paragraph
(f)of this section; or
(6)A person approved by the FAA to perform night vision goggle proficiency checks. 14. Amend § 61.59 by revising the section heading, paragraphs (a)(1) through (4), and (b); and adding new paragraphs
(c)and
(d)to read as follows: § 61.59 Applications, certificates, logbooks, reports, and records: Falsification, reproduction, or alteration; Incorrect statements.
(a)* * *
(1)A fraudulent or intentionally false statement on any application for an airman certificate, rating, or authorization, or duplicate thereof, issued under this part;
(2)A fraudulent or intentionally false entry in any logbook, record, or report that is required to show compliance with any requirement for the issuance of or exercise of the privileges of an airman certificate, rating, or authorization;
(3)A reproduction of an airman certificate, rating, or authorization for fraudulent purposes; or
(4)An alteration of an airman certificate, rating, or authorization.
(b)The commission by any person of an act prohibited under paragraph
(a)of this section is basis for—
(1)Suspending or revoking an airman certificate or ratings held by that person;
(2)Withdrawing authorizations held by that person; and
(3)Denying all applications for an airman certificate, rating, or authorization requested by that person.
(c)An incorrect statement made on an application for an airman certificate, rating, or authorization can serve as basis for suspending, revoking, or denying an airman certificate, rating, or authorization.
(d)An incorrect entry made in a logbook, record, or report to show compliance with any requirements for an airman certificate, rating, or authorization can serve as basis for suspending, revoking, or denying an airman certificate, rating, or authorization. 15. Revise § 61.63 to read as follows: § 61.63 Additional aircraft ratings (other than for ratings at the airline transport pilot certification level).
(a)*General.* For an additional aircraft rating on a pilot certificate, other than for an airline transport pilot certificate, a person must meet the requirements of this section appropriate to the additional aircraft rating sought.
(b)*Additional aircraft category rating.* A person who applies to add a category rating to a pilot certificate:
(1)Must complete the training and have the applicable aeronautical experience.
(2)Must have a logbook or training record endorsement from an authorized instructor attesting that the person was found competent in the appropriate aeronautical knowledge areas and proficient in the appropriate areas of operation.
(3)Must pass the practical test.
(4)Need not take an additional knowledge test if the person holds an airplane, rotorcraft, powered-lift, or airship rating at that pilot certificate level.
(c)*Additional aircraft class rating.* A person who applies for an additional class rating on a pilot certificate:
(1)Must have a logbook or training record endorsement from an authorized instructor attesting that the person was found competent in the appropriate aeronautical knowledge areas and proficient in the appropriate areas of operation.
(2)Must pass the practical test.
(3)Need not meet the training time and iteration requirements under this part that apply to the pilot certificate for the aircraft class rating sought. If the person holds only a lighter-than-air category rating with a balloon class rating and seeks an airship class rating, then that person must receive the required training and possess the appropriate aeronautical experience.
(4)Need not take an additional knowledge test if the person holds an airplane, rotorcraft, powered-lift, or airship rating at that pilot certificate level.
(d)*Additional aircraft type rating.* Except as provided under paragraph (d)(6) of this section, a person who applies for an aircraft type rating or an aircraft type rating to be completed concurrently with an aircraft category or class rating—
(1)Must hold or concurrently obtain an appropriate instrument rating, except as provided in paragraph
(h)of this section.
(2)Must have a logbook or training record endorsement from an authorized instructor attesting that the person is competent in the appropriate aeronautical knowledge areas and proficient in the appropriate areas of operation at the airline transport pilot certification level.
(3)Must pass the practical test at the airline transport pilot certification level.
(4)Must perform the practical test in actual or simulated instrument conditions, except as provided in paragraph
(e)of this section.
(5)Need not take an additional knowledge test if the applicant holds an airplane, rotorcraft, powered-lift, or airship rating on the pilot certificate.
(6)In the case of a pilot employee of a part 121 or part 135 certificate holder, the pilot must—
(i)Meet the appropriate requirements under paragraphs (d)(1), (d)(3), and (d)(4) of this section; and
(ii)Receive a flight training record endorsement from the certificate holder attesting that the person completed the certificate holder's approved ground and flight training program.
(e)*Aircraft not capable of instrument maneuvers and procedures.*
(1)An applicant for a type rating or a type rating in addition to an aircraft category and/or class rating who provides an aircraft that is not capable of the instrument maneuvers and procedures required on the practical test:
(i)May apply for the type rating, but the rating would be limited to “VFR only.”
(ii)May have the “VFR only” limitation removed for that aircraft type after the applicant:
(A)Passes a practical test in that type of aircraft in actual or simulated instrument conditions;
(B)Passes a practical test in that type of aircraft on the appropriate instrument maneuvers and procedures under § 61.157 of this part; or
(C)Becomes qualified under § 61.73(d) of this part for that type of aircraft.
(2)When an instrument rating is issued to a person who holds one or more type ratings, the amended pilot certificate must bear the “VFR only” limitation for each aircraft type rating that the person did not demonstrate instrument competency.
(f)*Multiengine airplane with a single-pilot station.* An applicant for a type rating, at other than the ATP certification level, in a multiengine airplane with a single-pilot station must perform the practical test in the multi-seat version of that airplane, or the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that multiengine airplane.
(g)*Single-engine airplane with a single-pilot station.* An applicant for a type rating, at other than the ATP certification level, in a single engine airplane with a single-pilot station must perform the practical test in the multi-seat version of that single-engine airplane, or the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that single-engine airplane.
(h)*Aircraft category and class ratings for the operation of aircraft with experimental certificates.* A person holding a recreational, private, or commercial pilot certificate may apply for a category and class rating limited to a specific make and model of experimental aircraft, provided—
(1)The person logged 5 hours flight time while acting as pilot in command in the same category, class, make, and model of aircraft.
(2)The person received a logbook endorsement from an authorized instructor who determined the pilot's proficiency to act as pilot in command of the same category, class, make, and model of aircraft.
(3)The flight time specified under paragraph (h)(1) of this section must have been logged between September 1, 2004 and August 31, 2005.
(i)*Waiver authority.* An Examiner who conducts a practical test may waive any task for which the FAA has provided waiver authority. 16. Add new § 61.64 to read as follows: § 61.64 Use of a flight simulator and flight training device.
(a)*Use of a flight simulator for the airplane rating.* If an applicant uses a flight simulator for training or the practical test for an airplane category, class, or type rating—
(1)The flight simulator—
(i)Must represent the category, class, and type of airplane rating (if a type rating is applicable) for the rating sought;
(ii)Must be used in accordance with an approved course of training under part 141 or part 142 of this chapter; or under part 121 or part 135 of this chapter, provided the applicant is a pilot employee of that air carrier operator;
(iii)At a minimum, must be qualified and approved as a Level C flight simulator if the applicant performs any portion of the practical test in the flight simulator; and
(iv)At a minimum, must be qualified and approved as a Level A flight simulator if the applicant uses the flight simulator for any training;
(2)If the type rating is for a turbojet airplane, the applicant must—
(i)Hold a type rating in a turbojet airplane of the same class of airplane, and that type rating may not contain a supervised operating experience limitation;
(ii)Have 1,000 hours of flight time in two different turbojet airplanes of the same class of airplane;
(iii)Have been appointed by the U.S. Armed Forces as a pilot in command in a turbojet airplane of the same class of airplane; or
(iv)Have 500 hours of flight time in the same type of airplane.
(3)If the type rating is for a turbo propeller airplane, the applicant must—
(i)Hold a type rating in a turbo-propeller airplane of the same class of airplane, and that type rating may not contain a supervised operating experience limitation;
(ii)Have 1,000 hours of flight time in two different turbo-propeller airplanes of the same class of airplane;
(iii)Have been appointed by the U.S. Armed Forces as a pilot in command in a turbo-propeller airplane of the same class of airplane; or
(iv)Have 500 hours of flight time in the same type of airplane.
(4)If the applicant does not meet the requirements of paragraph (a)(2) or (a)(3) of this section, then—
(i)The applicant must complete the following tasks on the practical test in the airplane of the category, class, and type of airplane rating (if a type rating is applicable) for which the airplane rating applies: preflight inspection, normal takeoff, normal instrument landing system approach, missed approach, and normal landing.
(ii)After passing the practical test, the applicant's pilot certificate must state: “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 a pilot in command in that category, class, and type of airplane rating (if a type rating is applicable).
(iii)The limitation described under paragraph (a)(4)(ii) of this section may be removed from the applicant's pilot certificate if the applicant—
(A)Logs 25 hours of flight time in the category and class of airplane for the rating sought, and if a type rating is being sought, the flight time must be performed in the same type of airplane for the type rating sought;
(B)Performs the 25 hours of flight time under the direct observation of a pilot in command who holds the appropriate airplane category, class, and type rating, without limitations, in the same category, class, and type of airplane rating, if a type rating is applicable;
(C)Logs each flight and the pilot in command who observed the flight attests to each flight;
(D)Obtains the flight time while in the pilot in command seat of the appropriate airplane category, class, and type, if a type rating is appropriate; and
(E)Has an Examiner review the pilot logbook and endorse that logbook, attesting to compliance with the required supervised operating experience.
(b)*Use of a flight training device for the airplane rating.* If an applicant uses a flight training device for training for the airplane category, class, or type rating, the applicant must meet the requirements of paragraph (a)(2), (a)(3) or (a)(4) of this section, and the flight training device—
(1)Must represent the category, class, and type of airplane rating (if a type rating is applicable) for the rating.
(2)Must be used in accordance with an approved course of training under part 141 or part 142 of this chapter, or under part 121 or part 135 of this chapter, provided the applicant is a pilot employee of that air carrier operator.
(3)Must be qualified and approved at or above a Level 2 flight training device if the applicant completes the entire practical test in the airplane.
(4)Must be qualified and approved at or above a Level 5 flight training device if the applicant uses a flight simulator for any portion of the practical test.
(c)*Use of a flight simulator for the helicopter rating.* If an applicant uses a flight simulator for training or the practical test for the helicopter class or type rating,
(1)The flight simulator—
(i)Must represent the class and type of helicopter rating (if a type rating is applicable) for the rating;
(ii)Must be used in accordance with an approved course of training under part 141 or part 142 of this chapter, or under part 135 of this chapter, provided the applicant is a pilot employee of that part 135 operator;
(iii)At a minimum, must be qualified and approved as a Level C flight simulator if the applicant performs any portion of the practical test in a flight simulator; and
(iv)At a minimum, must be qualified and approved as a Level A flight simulator if the applicant uses a flight simulator for any training.
(2)The applicant must meet one of the following requirements—
(i)Hold a type rating in a helicopter and that type rating may not contain the supervised operating experience limitation;
(ii)Have been appointed by the U.S. Armed Forces as a pilot in command of a helicopter;
(iii)Have 500 hours of flight time in the type of helicopter; or
(iv)Have 1,000 hours of flight time in two different types of helicopters.
(3)If the applicant does not meet any of the requirements of paragraph (c)(2) of this section, then—
(i)The applicant must complete the following tasks on the practical test in the helicopter class and type rating (if a type rating is applicable) for which the rating applies: Preflight inspection, normal takeoff, normal instrument landing system approach, missed approach, and normal landing.
(ii)After passing the practical test, the applicant's pilot certificate must state: “The [name the helicopter class, and type of helicopter rating (if a type rating is applicable)] rating is subject to additional pilot in command limitations,” and the applicant is restricted from serving as a pilot in command in that helicopter class and type of helicopter rating (if a type rating is applicable).
(iii)The limitation described under paragraph (c)(3)(ii) of this section may be removed from the pilot certificate if the applicant complies with the following—
(A)Logs 25 hours of flight time in the class of helicopter for the rating sought, and if the person applied for a type rating, the flight time must be performed in the same type of helicopter for the type rating sought;
(B)Performs the 25 hours of flight time under the direct observation of a pilot in command who holds the appropriate class and type of helicopter rating (if a type rating is applicable), without limitations, in the same class, and type of helicopter rating, if a type rating is applicable;
(C)Logs each flight and the pilot in command who observed the flight attests to each flight;
(D)Performs the flight time while in the pilot in command seat of the appropriate class and type of helicopter rating, if a type rating is appropriate; and
(E)Has an Examiner review the pilot logbook and endorse that logbook, attesting to compliance with the required supervised operating experience.
(d)*Use of a flight training device for the helicopter rating.* If an applicant uses a flight training device for training for the helicopter class or type rating, the applicant must meet the requirements of either paragraph (c)(2) or
(3)of this section and the flight training device—
(1)Must represent the class and type of helicopter rating (if a type rating is applicable) for the rating.
(2)Must be used in accordance with an approved course of training under part 141 or part 142 of this chapter, or under part 135 of this chapter, provided the applicant is a pilot employee of that part 135 operator.
(3)Must be qualified and approved at or above a Level 2 flight training device if the applicant completes the entire practical test in the helicopter.
(4)Must be qualified and approved at or above a Level 5 flight training device if the applicant uses a flight simulator for any portion of the practical test.
(e)*Use of a flight simulator for the powered-lift rating.* If an applicant uses a flight simulator for training or the practical test for the powered-lift category or type rating—
(1)The flight simulator—
(i)Must represent the category and type of powered-lift rating (if a type rating is applicable) for the rating;
(ii)Must be used in accordance with an approved course of training under part 141 or part 142 of this chapter, or under part 121 or part 135 of this chapter, provided the applicant is a pilot employee of that air carrier operator;
(iii)At a minimum, must be qualified and approved as a Level C flight simulator if the applicant performs any portion of the practical test in a flight simulator; and
(iv)At a minimum, must be qualified and approved as a Level A flight simulator if the applicant uses a flight simulator for any training.
(2)The applicant must meet one of the following requirements—
(i)Hold a type rating in a powered-lift without a supervised operating experience limitation;
(ii)Have been appointed by the U.S. Armed Forces as a pilot in command of a powered-lift;
(iii)Have 500 hours of flight time in the type of powered-lift; or
(iv)Have 1,000 hours of flight time in two different types of powered-lifts.
(3)If the applicant does not meet any of the requirements of paragraph (e)(2) of this section, then—
(i)The applicant must complete the following tasks on the practical test in the powered-lift of the category and type of powered-lift rating (if a type rating is applicable) for which the rating applies: preflight inspection, normal takeoff, normal instrument landing system approach, missed approach, and normal landing.
(ii)After passing the practical test, the applicant's pilot certificate must state: “The [name of the category and type of powered-lift rating (if a type rating is applicable)] rating is subject to additional pilot in command limitations,” and that applicant is restricted from serving as a pilot in command in that category and type of powered-lift rating (if a type rating is applicable).
(iii)The limitation described under paragraph (e)(3)(ii) of this section may be removed from the pilot certificate if the applicant complies with the following—
(A)Logs 25 hours of flight time in the powered-lift category for the rating sought, and if a type rating is being sought, the flight time must be performed in the same type of powered-lift for the type rating sought;
(B)Performs the 25 hours flight time under the direct observation of a pilot in command who holds the category and type of powered-lift rating (if a type rating is applicable), without limitations, in the same category and type of powered-lift rating, if a type rating is applicable;
(C)Logs each flight and the pilot in command who observed the flight attests to each flight;
(D)Performs the flight time while in the pilot in command seat of the appropriate category and type of powered-lift rating, if a type rating is appropriate; and
(E)Has an Examiner review the pilot logbook and endorse that logbook, attesting to compliance with the required supervised operating experience.
(f)*Use of a flight training device for the powered-lift rating.* Whenever an applicant uses a flight training device for training for the powered-lift category or type rating, the flight training device must meet the following requirements, and the applicant must meet the requirements of either paragraph (e)(2) or (e)(3) of this section.
(1)The flight training device must represent the class and type of powered-lift rating (if a type rating is applicable) for the rating.
(2)The flight training device must be used in accordance with an approved course of training under part 141 or part 142 of this chapter; or under part 121 or part 135 of this chapter, provided the applicant is a pilot employee of that air carrier operator.
(3)If the applicant completes the entire practical test in the powered-lift, the flight training device used for training must be qualified and approved at or above a Level 2 flight training device.
(4)If an applicant uses a flight simulator for any portion of the practical test, the flight training device used for training must be qualified and approved at or above a Level 5 flight training device. 17. Amend § 61.65 by: A. Revising paragraph (d); B. Redesignating existing paragraph
(e)as paragraph (g); C. Adding new paragraphs (e), (f), and (h); D. Revising newly designated paragraph
(g)to read as follows: § 61.65 Instrument rating requirements.
(d)*Aeronautical experience for the instrument-airplane rating.* A person who applies for an instrument-airplane rating must have logged:
(1)Fifty hours of cross-country flight time as pilot in command, of which 10 hours must have been in an airplane; and
(2)Forty hours of actual or simulated instrument time in the areas of operation listed in paragraph
(c)of this section, of which 15 hours must have been received from an authorized instructor who holds an instrument-airplane rating, and the instrument time includes:
(i)Three hours of instrument flight training from an authorized instructor in an airplane that is appropriate to the instrument-airplane rating within 2 calendar months before the date of the practical test; and
(ii)Instrument flight training on cross-country flight procedures, including one cross-country flight in an airplane with an authorized instructor, that is performed under instrument flight rules, and a flight plan has been filed with an air traffic control facility, and involves—
(A)A flight of 250 nautical miles along airways or by directed routing from an air traffic control facility;
(B)An instrument approach at each airport; and
(C)Three different kinds of approaches with the use of navigation systems.
(e)*Aeronautical experience for the instrument-helicopter rating.* A person who applies for an instrument-helicopter rating must have logged:
(1)Fifty hours of cross-country flight time as pilot in command, of which 10 hours must have been in a helicopter; and
(2)Forty hours of actual or simulated instrument time in the areas of operation listed under paragraph
(c)of this section, of which 15 hours must have been with an authorized instructor who holds an instrument-helicopter rating, and the instrument time includes:
(i)Three hours of instrument flight training from an authorized instructor in a helicopter that is appropriate to the instrument-helicopter rating within 2 calendar months before the date of the practical test; and
(ii)Instrument flight training on cross-country flight procedures, including one cross-country flight in a helicopter with an authorized instructor that is performed under instrument flight rules and a flight plan has been filed with an air traffic control facility, and involves—
(A)A flight of 100 nautical miles along airways or by directed routing from an air traffic control facility;
(B)An instrument approach at each airport; and
(C)Three different kinds of approaches with the use of navigation systems.
(f)*Aeronautical experience for the instrument-powered-lift rating.* A person who applies for an instrument-powered-lift rating must have logged:
(1)Fifty hours of cross-country flight time as pilot in command, of which 10 hours cross-country must have been in a powered-lift; and
(2)Forty hours of actual or simulated instrument time in the areas of operation listed under paragraph
(c)of this section, of which 15 hours must have been received from an authorized instructor who holds an instrument-powered-lift rating, and the instrument time includes:
(i)Three hours of instrument flight training from an authorized instructor in a powered-lift that is appropriate to the instrument-powered-lift rating within 2 calendar months before the date of the practical test; and
(ii)Instrument flight training on cross-country flight procedures, including one cross-country flight in a powered-lift with an authorized instructor that is performed under instrument flight rules and a flight plan has been filed with an air traffic control facility, and involves—
(A)A flight of 250 nautical miles along airways or by directed routing from an air traffic control facility;
(B)An instrument approach at each airport; and
(C)Three different kinds of approaches with the use of navigation systems.
(g)*Use of flight simulators or flight training devices.* If the instrument time was provided by an authorized instructor in a flight simulator or flight training device—
(1)A maximum of 30 hours may be performed in that flight simulator or flight training device if the instrument time was completed in accordance with part 142 of this chapter; or
(2)A maximum of 20 hours may be performed in that flight simulator or flight training device if the instrument time was not completed in accordance with part 142 of this chapter.
(h)*Use of a personal computer aviation training device.* A maximum of 10 hours of instrument time received in a personal computer aviation training device may be credited for the instrument time requirements of this section if—
(1)The device is approved and authorized by the FAA;
(2)An authorized instructor provides the instrument time in the device;
(3)No more than 10 hours of instrument time in a flight simulator or flight training device was credited for the instrument time requirements of this section;
(4)A view limiting device was worn by the applicant when logging instrument time in the device; and
(5)The FAA approved the instrument training and instrument tasks performed in the device. 18. Amend § 61.69 by revising paragraphs (a)(1), (4), and
(6)introductory text to read as follows: § 61.69 Glider and unpowered ultralight vehicle towing: Experience and training requirements.
(a)* * *
(1)Holds a current and valid private, commercial or airline transport pilot certificate with a category rating for powered aircraft;
(4)Except as provided in paragraph
(b)of this section, has logged at least three flights as the sole manipulator of the controls of an aircraft while towing a glider or unpowered ultralight vehicle, or has simulated towing flight procedures in an aircraft while accompanied by a pilot who meets the requirements of paragraphs
(c)and
(d)of this section.
(6)Within 24 calendar months before the flight has— 19. Revise § 61.73 to read as follows: § 61.73 Military pilots or former military pilots: Special rules.
(a)*General.* Except for a person who has been removed from flying status for lack of proficiency or because of a disciplinary action involving aircraft operations, a U.S. military pilot or former military pilot who meets the requirements of this section may apply, on the basis of his or her military pilot qualifications, for:
(1)A commercial pilot certificate with the appropriate aircraft category and class rating.
(2)An instrument rating with the appropriate aircraft rating.
(3)A type rating.
(b)*Military pilots and former military pilots in an Armed Force of the United States.* A person who qualifies as a military pilot or former military pilot in the U.S. Armed Forces may apply for a pilot certificate and ratings under paragraph
(a)of this section if that person—
(1)Presents evidentiary documents described under paragraphs (h)(1), (2), and
(3)of this section that show the person's status in the U.S. Armed Forces.
(2)Has passed the military competency aeronautical knowledge test on the appropriate parts of this chapter for commercial pilot privileges and limitations, air traffic and general operating rules, and accident reporting rules.
(3)Presents official U.S. military records that shows compliance with one of the following requirements—
(i)Prior to the date of the application, passing an official U.S. military pilot and instrument proficiency check in a military aircraft of the kind of aircraft category, class, and type, if class or type of aircraft is applicable, for the ratings sought; or
(ii)Prior to the date of application, logging 10 hours of pilot time as a military pilot in a U.S. military aircraft in the kind of aircraft category, class, and type, if a class rating or type rating is applicable, for the aircraft rating sought.
(c)*A military pilot of an Armed Force of a foreign contracting State to the Convention on International Civil Aviation.* A person who is a military pilot of an Armed Force of a foreign contracting State to the Convention on International Civil Aviation and is assigned to pilot duties in the U.S. Armed Forces, for purposes other than receiving flight training, may apply for a commercial pilot certificate and ratings under paragraph
(a)of this section, provided that person—
(1)Presents evidentiary documents described under paragraph (h)(4) of this section that shows the person is a military pilot of an Armed Force of a foreign contracting State to the Convention on International Civil Aviation, and is assigned to pilot duties in an Armed Force of the United States, for purposes other than receiving flight training.
(2)Has passed the military competency aeronautical knowledge test on the appropriate parts of this chapter for commercial pilot privileges and limitations, air traffic and general operating rules, and accident reporting rules.
(3)Presents official U.S. military records that show compliance with one of the following requirements:
(i)Prior to the date of the application, passed an official U.S. military pilot and instrument proficiency check in a military aircraft of the kind of aircraft category, class, or type, if class or type of aircraft is applicable, for the ratings; or
(ii)Prior to the date of application, logged 10 hours of pilot time as a military pilot in a U.S. military aircraft of the kind of category, class, and type of aircraft, if a class rating or type rating is applicable, for the aircraft rating.
(d)*Instrument rating.* A person who is qualified as a U.S. military pilot or former military pilot may apply for an instrument rating to be added to a pilot certificate if that person has—
(1)Passed an instrument proficiency check by the U.S. Armed Forces in the aircraft category for the instrument rating sought; and
(2)An official U.S. Armed Forces record that shows the person is instrument pilot qualified by the U.S. Armed Forces to conduct instrument flying on Federal airways in that aircraft category and class for the instrument rating sought.
(e)*Aircraft type rating.* An aircraft type rating may only be issued for a type of aircraft that has a comparable civilian type designation by the Administrator.
(f)*Aircraft type rating placed on an airline transport pilot certificate.* A person who is a military pilot or former military pilot of the U.S. Armed Forces and requests an aircraft type rating to be placed on an existing U.S. airline transport pilot certificate may be issued the rating at the airline transport pilot certification level, provided that person:
(1)Holds a category and class rating for that type of aircraft at the airline transport pilot certification level; and
(2)Has passed an official U.S. military pilot check and instrument proficiency check in that type of aircraft.
(g)*Flight instructor certificate and ratings.* A person who is a U.S. military instructor pilot may apply for and be issued a flight instructor certificate with the appropriate ratings if that person:
(1)Holds a commercial or airline transport pilot certificate with the appropriate aircraft category and class rating, if a class rating is appropriate, for the flight instructor rating sought;
(2)Holds an instrument rating on the pilot certificate that is appropriate to the flight instructor rating sought; and
(3)Presents the following evidentiary documents:
(i)A knowledge test report that shows the person passed a knowledge test on the aeronautical knowledge areas listed under § 61.185(a) that are appropriate to the flight instructor rating;
(ii)An official U.S. Armed Forces record that shows the person is qualified as a military instructor pilot for the flight instructor rating;
(iii)An official U.S. Armed Forces record that shows the person is a military instructor pilot for the flight instructor rating;
(iv)An official U.S. Armed Forces record that shows the person graduated from a U.S. Armed Forces' instructor pilot training school and received an aircraft rating qualification as a military instructor pilot that is appropriate to the flight instructor rating; and
(v)An official U.S. Armed Forces record that shows the person passed an instructor pilot proficiency check in an aircraft as a military instructor pilot in the U.S. Armed Forces that is appropriate to the flight instructor rating.
(h)*Evidentiary documents for qualifying for a pilot certificate and rating.* The following documents are required in order for a person to be able to apply for a pilot certificate and rating:
(1)An official U.S. Armed Forces record that shows the person is or was a military pilot.
(2)An official U.S. Armed Forces record that shows the person graduated from a U.S. Armed Forces undergraduate pilot training school and received a rating qualification as a military pilot.
(3)An official U.S. Armed Forces record that shows the pilot passed a pilot proficiency check and instrument proficiency check in an aircraft as a military pilot.
(4)If a person is a military pilot of an Armed Force from a foreign contracting State to the Convention on International Civil Aviation and is applying for a pilot certificate and rating, that person must present the following:
(i)An official U.S. Armed Forces record that shows the person is a military pilot in an Armed Force of the United States;
(ii)An official U.S. Armed Forces record that shows the person is assigned as a military pilot with an Armed Force of the United States for purposes other than receiving flight training;
(iii)An official record that shows the person graduated from a military undergraduate pilot training school from an Armed Force from a foreign contracting State to the Convention on International Civil Aviation or from an Armed Force of the United States, and received a qualification as a military pilot; and
(iv)An official U.S. Armed Forces record that shows that the person passed a pilot proficiency check and instrument proficiency check in an aircraft as a military pilot in an Armed Force of the United States. 20. Amend § 61.75 by revising paragraphs (a),
(b)introductory text, (b)(2), (b)(3), (c),
(d)introductory text, (e)(1), (e)(4), (f), and
(g)to read as follows: § 61.75 Private pilot certificate issued on the basis of a foreign pilot license.
(a)*General.* A person who holds a valid foreign pilot license at the private pilot level or higher that was issued by a contracting State to the Convention on International Civil Aviation may apply for and be issued a U.S. private pilot certificate with the appropriate ratings if the foreign pilot license meets the requirements of this section.
(b)*Certificate issued.* A U.S. private pilot certificate issued under this section must specify the person's foreign license number and country of issuance. A person who holds a valid foreign pilot license issued by a contracting State to the Convention on International Civil Aviation may be issued a U.S. private pilot certificate based on the foreign pilot license without any further showing of proficiency, provided the applicant:
(1)* * *
(2)Holds a valid foreign pilot license, at the private pilot license level or higher, that does not contain a limitation stating that the applicant has not met all of the standards of ICAO for that license;
(3)Does not hold a U.S. pilot certificate other than a U.S. student pilot certificate;
(c)*Aircraft ratings issued.* Aircraft ratings listed on a person's foreign pilot license, in addition to any issued after testing under the provisions of this part, may be placed on that person's U.S. pilot certificate for private pilot privileges only.
(d)*Instrument ratings issued.* A person who holds a valid instrument rating on the foreign pilot license issued by a contracting State to the Convention on International Civil Aviation may be issued an instrument rating on a U.S. pilot certificate provided:
(e)* * *
(1)May act as a pilot in command of a civil aircraft of the United States in accordance with the pilot privileges authorized by this part and the limitations placed on that U.S. pilot certificate;
(4)Cannot exercise the privileges of that U.S. pilot certificate when the person's foreign pilot license is not valid.
(f)*Limitation on licenses used as the basis for a U.S. certificate.* A person may use only one foreign pilot license as a basis for the issuance of a U.S. pilot certificate. The foreign pilot license and medical certification used as a basis for issuing a U.S. pilot certificate under this section must be written in English or accompanied by an English transcription that has been signed by an official or representative of the foreign aviation authority that issued the foreign pilot license.
(g)*Limitation placed on a U.S. pilot certificate.* A U.S. pilot certificate issued under this section can only be exercised when the pilot has the foreign pilot license, upon which the issuance of the U.S. pilot certificate was based, in the holder's possession or is readily accessible in the aircraft. 21. Amend § 61.77 by: A. Revising the section heading; revising paragraphs (a)(2), (b)(1), and (b)(4); B. Removing paragraph (b)(5); and C. Redesignating paragraph (b)(6) as (b)(5) to read as follows: § 61.77 Special purpose pilot authorization: Operation of a civil aircraft of the United States and leased by a non -U.S. citizen.
(a)* * *
(2)For carrying persons or property for compensation or hire for operations in—
(i)Scheduled international air services in turbojet-powered airplanes of U.S. registry;
(ii)Scheduled international air services in airplanes of U.S. registry having a configuration of more than nine passenger seats, excluding crewmember seats;
(iii)Nonscheduled international air transportation in airplanes of U.S. registry having a configuration of more than 30 passenger seats, excluding crewmember seats; or
(iv)Scheduled international air services, or nonscheduled international air transportation, in airplanes of U.S. registry having a payload capacity of more than 7,500 pounds.
(b)* * *
(1)A valid foreign pilot license issued by the aeronautical authority of a contracting State to the Convention on International Civil Aviation that contains the appropriate aircraft category, class, type rating, if appropriate, and instrument rating for the aircraft to be flown;
(4)Documentation the applicant meets the medical standards for the issuance of the foreign pilot license from the aeronautical authority of that contracting State to the Convention on International Civil Aviation; and 22. Amend § 61.96 by revising paragraphs (b)(7) and (b)(8); and adding a new paragraph (b)(9) to read as follows: § 61.96 Applicability and eligibility requirements: General.
(b)* * *
(7)Pass the practical test on the areas of operation listed under § 61.98(b) of this part that apply to the aircraft category and class rating;
(8)Comply with the sections of this part that apply to the aircraft category and class rating; and
(9)Hold a U.S. student pilot certificate. 23. Amend § 61.101 by revising paragraph (e)(1)(iii) to read as follows: § 61.101 Recreational pilot privileges and limitations.
(e)* * *
(1)* * *
(iii)With a powerplant of more than 180 horsepower, except aircraft certificated in the rotorcraft category; or 24. Amend § 61.103 by adding new paragraph
(j)to read as follows: § 61.103 Eligibility requirements: General.
(j)Hold a valid U.S. student pilot certificate, or recreational pilot certificate. 25. Amend § 61.109 by revising paragraphs (a)(5)(ii), (b)(5)(ii), (c)(4)(ii), (d)(4)(ii), and (e)(5)(ii) to read as follows: § 61.109 Aeronautical experience.
(a)* * *
(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)* * *
(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)* * *
(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 straight-line distance of more than 25 nautical miles between the takeoff and landing locations; and
(d)* * *
(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 straight-line distance of more than 25 nautical miles between the takeoff and landing locations; and
(e)* * *
(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 26. Amend § 61.127 by: A. Redesignating paragraphs (b)(4)(vi) through
(ix)as (b)(4)(vii) through (x); B. Adding a new paragraph (b)(4)(vi); C. Removing paragraph (b)(5)(vii); and D. Re-designating existing paragraphs (b)(5)(viii) through
(xiii)as (b)(5)(vii) through
(xii)to read as follows: § 61.127 Flight proficiency.
(b)* * *
(4)* * *
(vi)Ground reference maneuvers; 27. Amend § 61.129 by revising paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(iv), (a)(4) introductory text, (b)(3)(i), (b)(3)(iii), (b)(3)(iv), (c)(3)(i), (c)(3)(ii), (c)(3)(iii), (c)(4) introductory text, (d)(3)(i), (d)(3)(ii), (d)(3)(iii), (d)(4) introductory text, (e)(3)(i), (e)(3)(ii), (e)(3)(iii), (e)(4) introductory text, (g)(2) introductory text, (g)(3), (g)(4)(ii), (g)(4)(iii), and (i)(3) to read as follows: § 61.129 Aeronautical experience.
(a)* * *
(3)* * *
(i)10 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 of the 10 hours of instrument training must be in a single-engine airplane;
(iii)One 2-hour cross-country flight in a single-engine airplane in day-time 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 night-time conditions that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(4)10 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 includes—
(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 of the 10 hours of instrument training must be in a multiengine airplane;
(iii)One 2-hour cross-country flight in a multiengine airplane in day-time 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 night-time conditions that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(c)* * *
(3)* * *
(i)Five hours on the control and maneuvering of a helicopter solely by reference to instruments using a view limiting 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 a personal computer aviation training device;
(ii)One 2-hour cross-country flight in a helicopter in day-time 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 night-time conditions that consists of a total straight-line distance of more than 50 nautical miles from the original point of departure; and
(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 view limiting 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 a personal computer aviation training device;
(ii)One 2-hour cross-country flight in a gyroplane in day-time 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 night-time conditions in a 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
(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 under § 61.127(b)(4) of this part 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 of the 10 hours of instrument training must be in a powered-lift;
(ii)One 2-hour cross-country flight in a powered-lift in day-time 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 night-time conditions that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(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 under § 61.127(b)(5) of this part that includes—
(g)* * *
(2)Thirty hours of pilot in command 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 view limiting 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)* * *
(ii)One 1-hour cross-country flight in an airship in day-time conditions that consists of a total straight-line distance of more than 25 nautical miles from the point of departure; and
(iii)One 1-hour cross-country flight in an airship in night-time conditions that consists of a total straight-line distance of more than 25 nautical miles from the point of departure.
(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. 28. Amend § 61.133 by revising paragraph (a)(1) introductory text to read as follows: § 61.133 Commercial pilot privileges and limitations.
(a)* * *
(1)*General.* A person who holds a current and valid commercial pilot certificate may act as pilot in command of an aircraft— 29. Amend § 61.153 by revising paragraphs (d)(1), (d)(3), and
(h)to read as follows: § 61.153 Eligibility requirements: General.
(d)* * *
(1)Holds a commercial pilot certificate with an instrument rating issued under this part;
(3)Holds either a valid foreign airline transport pilot license with instrument privileges, or a valid foreign commercial pilot license with an instrument rating, that—
(i)Was issued by a contracting State to the Convention on International Civil Aviation; and
(ii)Contains no geographical limitations.
(h)Comply with the sections of this subpart that apply to the aircraft category and class rating sought. 30. Revise § 61.157 to read as follows: § 61.157 Flight proficiency.
(a)*General.*
(1)The practical test for an airline transport pilot certificate is given for—
(i)An airplane category and single-engine class rating.
(ii)An airplane category and multiengine class rating.
(iii)A rotorcraft category and helicopter class rating.
(iv)A powered-lift category rating.
(v)An aircraft type rating.
(2)A person who is applying for an airline transport pilot practical test must meet—
(i)The eligibility requirements of § 61.153 of this part; and
(ii)The aeronautical knowledge and aeronautical experience requirements of this subpart that apply to the aircraft category and class rating sought.
(b)*Aircraft type rating.* Except as provided in paragraph
(c)of this section, a person who applies for an aircraft type rating to be added to an airline transport pilot certificate or applies for a type rating to be concurrently completed with an airline transport pilot certificate:
(1)Must receive and log ground and flight training from an authorized instructor on the areas of operation under this section that apply to the aircraft type rating;
(2)Must receive a logbook endorsement from an authorized instructor that certifies the applicant completed the training on the areas of operation listed under paragraph
(e)of this section that apply to the aircraft type rating; and
(3)Must perform the practical test in actual or simulated instrument conditions, except as provided under paragraph
(g)of this section.
(c)*Exceptions.* A person who applies for an aircraft type rating to be added to an airline transport pilot certificate or an aircraft type rating concurrently with an airline transport pilot certificate, and who is an employee of a certificate holder operating under part 121 or part 135 of this chapter, does not need to comply with the requirements of paragraph
(b)of this section if the applicant presents a training record that shows completion of that certificate holder's approved pilot in command training program for the aircraft type rating.
(d)*Upgrading type ratings.* Any type rating(s) and limitations on a pilot certificate of an applicant who completes an airline transport pilot practical test will be included at the airline transport pilot certification level, provided the applicant passes the practical test in the same category and class of aircraft for which the applicant holds the type rating(s).
(e)*Areas of operation.*
(1)For an airplane category—single-engine class rating:
(i)Preflight preparation;
(ii)Preflight procedures;
(iii)Takeoff and departure phase;
(iv)In-flight maneuvers;
(v)Instrument procedures;
(vi)Landings and approaches to landings;
(vii)Normal and abnormal procedures;
(viii)Emergency procedures; and
(ix)Postflight procedures.
(2)For an airplane category—multiengine class rating:
(i)Preflight preparation;
(ii)Preflight procedures;
(iii)Takeoff and departure phase;
(iv)In-flight maneuvers;
(v)Instrument procedures;
(vi)Landings and approaches to landings;
(vii)Normal and abnormal procedures;
(viii)Emergency procedures; and
(ix)Postflight procedures.
(3)For a powered-lift category rating:
(i)Preflight preparation;
(ii)Preflight procedures;
(iii)Takeoff and departure phase;
(iv)In-flight maneuvers;
(v)Instrument procedures;
(vi)Landings and approaches to landings;
(vii)Normal and abnormal procedures;
(viii)Emergency procedures; and
(ix)Postflight procedures.
(4)For a rotorcraft category—helicopter class rating:
(i)Preflight preparation;
(ii)Preflight procedures;
(iii)Takeoff and departure phase;
(iv)In-flight maneuvers;
(v)Instrument procedures;
(vi)Landings and approaches to landings;
(vii)Normal and abnormal procedures;
(viii)Emergency procedures; and
(ix)Postflight procedures.
(f)*Proficiency and competency checks conducted under part 121 or part 135.*
(1)Completion of a pilot in command proficiency check under § 121.441 of this chapter that is conducted by an Examiner or a FAA Aviation Safety Inspector satisfies the requirements of this section for the appropriate aircraft rating.
(2)Completion of both the following checks that are conducted by an Examiner or a FAA Aviation Safety Inspector satisfies the requirements of this section for the appropriate aircraft rating—
(i)Pilot in command proficiency check under § 135.293 of this chapter; and
(ii)Pilot in command instrument proficiency check under § 135.297 of this chapter.
(g)*Aircraft not capable of instrument maneuvers and procedures.* An applicant may add a type rating to an airline transport pilot certificate with an aircraft that is not capable of the instrument maneuvers and procedures required on the practical test under the following circumstances—
(1)The rating is limited to “VFR only.”
(2)The type rating is added to an airline transport pilot certificate that has instrument privileges in that category and class of aircraft.
(3)The “VFR only” limitation may be removed for that aircraft type after the applicant:
(i)Passes a practical test in that type of aircraft on the appropriate instrument maneuvers and procedures under § 61.157 of this part; or
(ii)Becomes qualified under § 61.73(d) of this part for that type of aircraft.
(h)*Multiengine airplane with a single-pilot station.* An applicant for a type rating, at the ATP certification level, in a multiengine airplane with a single-pilot station must perform the practical test in the multi-seat version of that airplane, or the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that multiengine airplane.
(i)*Single-engine airplane with a single-pilot station.* An applicant for a type rating, at the ATP certification level, in a single-engine airplane with a single-pilot station must perform the practical test in the multi-seat version of that single-engine airplane, or the practical test may be performed in the single-seat version of that airplane if the Examiner is in a position to observe the applicant during the practical test in the case where there is no multi-seat version of that single-engine airplane.
(j)*Waiver authority.* An Examiner who conducts a practical test may waive any task for which the FAA has provided waiver authority. 31. Amend § 61.159 by adding a new paragraph (c)(3); and revising paragraphs
(d)and
(e)to read as follows: § 61.159 Aeronautical experience: Airplane category rating.
(c)* * *
(3)Flight-engineer time, provided the flight time—
(i)Is acquired as a U.S. Armed Forces' flight engineer crewmember in an airplane that requires a flight engineer crewmember by the flight manual;
(ii)Is acquired while the person is participating in a flight engineer crewmember training program for the U.S. Armed Forces; and
(iii)Does not exceed 1 hour for each 3 hours of flight engineer flight time for a total credited time of no more than 500 hours.
(d)An applicant will be issued an airline transport pilot certificate with the limitation, “Holder does not meet the pilot in command aeronautical experience requirements of ICAO,” as prescribed under Article 39 of the Convention on International Civil Aviation, if the applicant does not meet the ICAO requirements contained in Annex 1 “Personnel Licensing” to the Convention on International Civil Aviation, but otherwise meets the aeronautical experience requirements of this section.
(e)An applicant is entitled to an airline transport pilot certificate without the ICAO limitation specified under paragraph
(d)of this section when the applicant presents satisfactory evidence of having met the ICAO requirements under paragraph
(d)of this section and otherwise meets the aeronautical experience requirements of this section. 32. Amend § 61.167 by revising paragraphs
(a)and (b)(3) to read as follows: § 61.167 Privileges.
(a)A person who holds a valid airline transport pilot certificate is entitled to the same privileges as a person who holds a commercial pilot certificate with an instrument rating.
(b)* * *
(3)Only as provided in this section, except that an airline transport pilot who also holds a current and valid flight instructor certificate can exercise the instructor privileges under subpart H of this part for which he or she is rated; and 33. Amend § 61.187 by revising paragraph (b)(6)(vii) to read as follows: § 61.187 Flight proficiency.
(b)* * *
(6)* * *
(vii)Launches and landings; 34. Amend § 61.193 by revising the introductory text to read as follows: § 61.193 Flight instructor privileges. A person who holds a current and valid flight instructor certificate is authorized within the limitations of that person's flight instructor certificate and ratings to train and issue endorsements that are required for: 35. Amend § 61.195 by revising paragraphs (b), (c), and (d)(3) introductory text; and adding a new paragraph
(k)to read as follows: § 61.195 Flight instructor limitations and qualifications.
(b)*Aircraft Ratings.* A flight instructor may not conduct flight training in any aircraft for which the flight instructor does not hold:
(1)A pilot certificate and flight instructor certificate with the applicable category and class rating; and
(2)If appropriate, a type rating.
(c)*Instrument Rating.* A flight instructor who provides instrument training for the issuance of an instrument rating, a type rating not limited to VFR, or the instrument training required for commercial pilot and airline transport pilot certificates must hold an instrument rating on his or her pilot certificate and flight instructor certificate that is appropriate to the category and class of aircraft for the training provided.
(d)* * *
(3)Student pilot's logbook for solo flight in a Class B airspace area or at an airport within Class B airspace unless that flight instructor has—
(k)*Training for night vision goggle operations.* A flight instructor may not conduct training for night vision goggle operations unless the flight instructor:
(1)Has a pilot and flight instructor certificate with the applicable category and class rating for the training;
(2)If appropriate, has a type rating on his or her pilot certificate for the aircraft;
(3)Is pilot-in-command qualified for night vision goggle operations, in accordance with § 61.31(l);
(4)Has logged 100 night vision goggle operations as the sole manipulator of the controls;
(5)Has logged 20 night vision goggle operations as sole manipulator of the controls in the category and class, and type of aircraft, if aircraft class and type is appropriate, that the training will be given in;
(6)Is qualified and current to act as a pilot in command in night vision goggle operations under § 61.57(f) or (g); and
(7)Has a logbook endorsement from an FAA Aviation Safety Inspector or a person who is authorized by the FAA to provide that logbook endorsement that states the flight instructor is authorized to perform the night vision goggle pilot in command qualification and recent flight experience requirements under § 61.31(l) and § 61.57(f) and (g). 36. Amend § 61.197 by revising the section heading and paragraphs
(a)introductory text and (a)(2) introductory text to read as follows: § 61.197 Recent flight instructor experience.
(a)A person who holds a valid flight instructor certificate must maintain the privileges under that certificate by—
(2)Filing a completed and signed application and receiving an endorsement from an authorized Examiner in his or her logbook or on another suitable document that is acceptable to the FAA that certifies the flight instructor renewal applicant satisfactorily completed one of the following renewal requirements— 37. Amend § 61.199 by revising the section heading and paragraph
(a)to read as follows: § 61.199 Expired flight instructor privileges.
(a)*Flight instructor certificates.* The holder of a flight instructor certificate who has not complied with the recent flight instructor experience requirements under § 61.197 may reinstate flight instructor privileges by:
(1)Completing and passing a flight instructor practical test, as prescribed under § 61.183(h); and
(2)Receiving an endorsement in his or her logbook or on another document that is acceptable to the FAA that shows the applicant completed and passed a flight instructor practical test, as prescribed under § 61.183(h). 38. Amend § 61.215 by revising paragraphs
(a)introductory text, (b),
(c)introductory text, and
(d)to read as follows: § 61.215 Ground instructor privileges.
(a)A person who holds a current and valid basic ground instructor rating is authorized to provide:
(b)A person who holds a current and valid advanced ground instructor rating is authorized to provide:
(1)Ground training on the aeronautical knowledge areas required for the issuance of any certificate or rating under this part except for the aeronautical knowledge areas required for an instrument rating;
(2)The ground training required for any flight review except for the training required for an instrument rating; and
(3)A recommendation for a knowledge test required for the issuance of any certificate or rating under this part except for an instrument rating.
(c)A person who holds a current and valid instrument ground instructor rating is authorized to provide:
(d)A person who holds a current and valid ground instructor certificate is authorized, within the limitations of the ratings on the certificate, to endorse the logbook or other training record of a person to whom the holder has provided the training or recommendation specified in paragraphs
(a)through
(c)of this section. 39. Revise § 61.217 to read as follows: § 61.217 Recent experience requirements. The holder of a ground instructor certificate may not perform the duties of a ground instructor unless the person can show that one of the following occurred during the preceding 12 calendar months:
(a)Employment or activity as a ground instructor giving pilot, flight instructor, or ground instructor training;
(b)Employment or activity as a flight instructor giving pilot, flight instructor, or ground instructor ground or flight training;
(c)Completion of an approved flight instructor refresher course and receipt of a graduation certificate for that course; or
(d)An endorsement from an authorized instructor certifying that the person has demonstrated knowledge in the subject areas prescribed under §§ 61.213(a)(3) and (a)(4), as appropriate. PART 91—GENERAL OPERATING AND FLIGHT RULES 40. The authority citation for part 91 continues to read as follows: Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, articles 12 and 29 of the Convention on International Civil Aviation (61 stat. 1180). 41. Amend § 91.205 by: A. Re-designating existing paragraph
(h)as paragraph (i); and B. Adding a new paragraph
(h)to read as follows: § 91.205 Powered civil aircraft with standard category U.S. airworthiness certificates; Instrument and equipment requirements.
(h)*Night vision goggle operations.* For night vision goggle operations, the following instruments and equipment must be installed in the aircraft, functioning in a normal manner, and approved for use by the FAA:
(1)Instruments and equipment specified in paragraph
(b)of this section, instruments and equipment specified in paragraph
(c)of this section;
(2)Night vision goggles;
(3)Interior and exterior aircraft lighting system required for night vision goggle operations;
(4)Two-way radio communications system;
(5)Gyroscopic pitch and bank indicator (artificial horizon); and
(6)Generator or alternator of adequate capacity for the required instruments and equipment. PART 141—PILOT SCHOOLS 42. The authority citation for 14 CFR part 141 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709, 44711, 45102-45103, 45301-45302. 43. Revise § 141.5 to read as follows: § 141.5 Requirements for a pilot school certificate. The FAA may issue a pilot school certificate with the appropriate ratings if, within the 24 calendar months before the date application is made, the applicant—
(a)Completes the application for a pilot school certificate on the form and in the manner prescribed by the FAA;
(b)Has held a provisional pilot school certificate;
(c)Meets the applicable requirements under subparts A through C of this part for the school certificate and associated ratings sought;
(d)Has trained and recommended 10 different people for a knowledge test or a practical test, or any combination thereof, and 80 percent of those persons passed their tests on the first attempt; and
(e)Has graduated 10 different people from the school's approved training courses. 44. Revise § 141.9 to read as follows: § 141.9 Examining authority. The FAA issues examining authority to a pilot school for a training course if the pilot school and its training course meet the requirements of subpart D of this part. 45. Amend § 141.33 by revising paragraph (d)(2) to read as follows: § 141.33 Personnel.
(d)* * *
(2)The school has an enrollment of 10 students at the time designation is sought. 46. Revise § 141.39 to read as follows: § 141.39 Aircraft.
(a)When the school's training facility is located within the U.S., an applicant for a pilot school certificate or provisional pilot school certificate must show that each aircraft used by the school for flight training and solo flights:
(1)Is a civil aircraft of the United States;
(2)Is certificated with a standard or primary airworthiness certificate, unless the FAA determines otherwise because of the nature of the approved course;
(3)Is maintained and inspected in accordance with the requirements for aircraft operated for hire under part 91, subpart E of this chapter;
(4)Has two pilot stations with engine-power controls that can be easily reached and operated in a normal manner from both pilot stations (for flight training); and
(5)Is equipped and maintained for IFR operations if used in a course involving IFR en route operations and instrument approaches. For training in the control and precision maneuvering of an aircraft by reference to instruments, the aircraft may be equipped as provided in the approved course of training.
(b)When the school's training facility is located outside the U.S. and the training will be conducted outside the U.S., an applicant for a pilot school certificate or provisional pilot school certificate must show that each aircraft used by the school for flight training and solo flights:
(1)Is either a civil aircraft of the United States or a civil aircraft of foreign registry;
(2)Is certificated with a standard or primary airworthiness certificate or an equivalent certification from the foreign aviation authority;
(3)Is maintained and inspected in accordance with the requirements for aircraft operated for hire under part 91, subpart E of this chapter, or in accordance with equivalent maintenance and inspection from the foreign aviation authority's requirements;
(4)Has two pilot stations with engine-power controls that can be easily reached and operated in a normal manner from both pilot stations (for flight training); and
(5)Is equipped and maintained for IFR operations if used in a course involving IFR en route operations and instrument approaches. For training in the control and precision maneuvering of an aircraft by reference to instruments, the aircraft may be equipped as provided in the approved course of training. 47. Amend § 141.53 by revising paragraph
(c)to read as follows: § 141.53 Approval procedures for a training course: General.
(c)*Training courses.* An applicant for a pilot school certificate or provisional pilot school certificate may request approval for the training courses specified under § 141.11(b). 48. Amend § 141.55 by revising paragraphs
(d)introductory text,
(e)introductory text, and (e)(2)(ii) introductory text to read as follows: § 141.55 Training course: Contents.
(d)A pilot school may request and receive initial approval for a period of not more than 24 calendar months for any training course under this part that does not meet the minimum ground and flight training time requirements, provided the following provisions are met:
(e)A pilot school may request and receive final approval for any training course under this part that does not meet the minimum ground and flight training time requirements, provided the following conditions are met:
(2)* * *
(ii)At least 80 percent of those students passed the practical or knowledge test, as appropriate, on the first attempt, and that test was given by— 49. Amend § 141.77 by revising paragraph
(c)to read as follows: § 141.77 Limitations.
(c)A student may be given credit towards the curriculum requirements of a course for previous training under the following conditions:
(1)If the student completed a proficiency test and knowledge test that was conducted by the receiving pilot school and the previous training was based on a part 141 or a part 142-approved flight training course, the credit is limited to not more than 50 percent of the flight training requirements of the curriculum.
(2)If the student completed a knowledge test that was conducted by the receiving pilot school and the previous training was based on a part 141 or a part 142-approved aeronautical knowledge training course, the credit is limited to not more than 50 percent of the aeronautical knowledge training requirements of the curriculum.
(3)If the student completed a proficiency test and knowledge test that was conducted by the receiving pilot school and the training was received from other than a part 141 or a part 142-approved flight training course, the credit is limited to not more than 25 percent of the flight training requirements of the curriculum.
(4)If the student completed a knowledge test that was conducted by the receiving pilot school and the previous training was received from other than a part 141 or a part 142-approved aeronautical knowledge training course, the credit is limited to not more than 25 percent of the aeronautical knowledge training requirements of the curriculum.
(5)Completion of previous training must be certified in the student's training record by the training provider or a management official within the training provider's organization, and must contain—
(i)The kind and amount of training provided; and
(ii)The result of each stage check and end-of-course test, if appropriate. 50. Amend § 141.85 by revising paragraphs
(a)introductory text and (a)(1) to read as follows: § 141.85 Chief instructor responsibilities.
(a)A chief instructor designated for a pilot school or provisional pilot school is responsible for:
(1)Certifying each student's training record, graduation certificate, stage check and end-of-course test reports, and recommendation for course completion, unless the duties are delegated by the chief instructor to an assistant chief instructor or recommending instructor; 51. Amend Appendix B to part 141 by revising paragraph 2; paragraphs 4.(b)(1)(iii), 4.(b)(2)(iii), and 4.(b)(5)(iii); and 5.(a)(1), 5.(b)(1), 5.(c)(1), 5.(d)(1), and 5.(e)(1) to read as follows: Appendix B to Part 141—Private Pilot Certification Course 2. *Eligibility for enrollment.* A person must hold a valid recreational pilot certificate or valid student pilot certificate prior to enrollment in the solo flight phase of the private pilot certification course. 4. * * *
(b)* * *
(1)* * *
(iii)3 hours of flight training in a single-engine airplane on the control and maneuvering of a single-engine airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(2)* * *
(iii)3 hours of flight training in a multiengine airplane on the control and maneuvering of a multiengine airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(5)* * *
(iii)3 hours of flight training in a powered-lift on the control and maneuvering of a powered-lift solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and 5. * * *
(a)* * *
(1)One solo 100 nautical miles cross-country flight with landings at a minimum of 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)* * *
(1)One 100 nautical miles cross-country flight with landings at a minimum of 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)* * *
(1)One solo 100 nautical miles cross-country flight with landings at a minimum of three points and one segment of the flight consisting of a straight-line distance of more than 25 nautical miles between the takeoff and landing locations; and
(d)* * *
(1)One solo 100 nautical miles cross-country flight with landings at a minimum of three points and one segment of the flight consisting of a straight-line distance of more than 25 nautical miles between the takeoff and landing locations; and
(e)* * *
(1)One solo 100 nautical miles cross-country flight with landings at a minimum of 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 52. Amend Appendix C to part 141 by revising paragraphs 4.(b)(2) through 4.(b)(4); adding new paragraphs 4.(b)(5) and (6); and revising the introductory language of paragraph 4.(d) to read as follows: Appendix C to Part 141—Instrument Rating Course 4. * * *
(b)* * *
(1)* * *
(2)Credit for training in a flight simulator that meets the requirements of § 141.41(a) of this part cannot exceed 50 percent of the total flight training hour requirements of the course or of this section, whichever is less.
(3)Credit for training in a flight training device that meets the requirements of § 141.41(b) of this part cannot exceed 40 percent of the total flight training hour requirements of the course or of this section, whichever is less.
(4)Credit for training in flight simulators and flight training devices, if used in combination, cannot exceed 50 percent of the total flight training hour requirements of the course or of this section, whichever is less. However, credit for training in a flight training device cannot exceed the limitation provided for in paragraph (b)(3) of this section.
(5)Credit for training in an approved personal computer aviation training device cannot exceed 10 percent of the total flight training hour requirements of the course or of this section, whichever is less.
(6)Credit for training in flight simulators, flight training devices, and personal computer aviation training devices, if used in combination, cannot exceed 50 percent of the total flight training hour requirements of the course or of this section, whichever is less. However, credit for training in a personal computer aviation training device cannot exceed the limitation provided under paragraph (b)(5) of this section.
(d)Each course must include flight training on the areas of operation listed under this paragraph appropriate to the instrument aircraft category and class rating (if a class rating is appropriate) for which the course applies: 53. Amend Appendix D to part 141 by revising paragraphs 4.(b)(1)(i), (ii), (iii), and (iv); revising paragraphs 4.(b)(2)(i), (iii), and (iv); revising paragraphs 4.(b)(3)(i), (ii), and (iii); revising paragraphs 4.(b)(4)(i), (ii), and (iii), 4.(b)(5)(i), (ii), and (iii); revising paragraphs 4.(b)(7)(i), (ii), and (iii); re-designating paragraphs 4.(d)(4)(vi) through
(ix)as 4.(d)(4)(vii) through (x); adding a new paragraph 4.(d)(4)(vi); and revising the introductory language of paragraphs 5.(a), (b), (c), (d), and
(e)to read as follows: Appendix D to Part 141—Commercial Pilot Certification Course 4. * * *
(b)* * *
(1)* * *
(i)10 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. 5 of the 10 hours of instrument training must be in a single-engine airplane;
(ii)10 hours of training in an airplane that has a retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered;
(iii)One 2-hour cross-country flight in day-time conditions in a single-engine airplane 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 night-time conditions in a single-engine airplane that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(2)* * *
(i)10 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. 5 of the 10 hours of instrument training must be in a multiengine airplane;
(iii)One 2-hour cross-country flight in day-time conditions in a multiengine airplane 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 night-time conditions in a multiengine airplane that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(3)* * *
(i)5 hours on the control and maneuvering of a helicopter solely by reference to instruments, including using a view limiting device for 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 a personal computer aviation training device;
(ii)One 2-hour cross-country flight in day-time conditions in a helicopter 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 night-time conditions in a helicopter that consists of a total straight-line distance of more than 50 nautical miles from the original point of departure; and
(4)* * *
(i)2.5 hours on the control and maneuvering of a gyroplane solely by reference to instruments, including using a view limiting device for 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 a personal computer aviation training device;
(ii)One 2-hour cross-country flight in day-time conditions in a gyroplane that consists of a total straight-line distance of more than 50 nautical miles from the original point of departure;
(iii)2 hours of flight training in night-time conditions in a 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
(5)* * *
(i)10 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 of the 10 hours of instrument training must be in a powered-lift;
(ii)One 2-hour cross-country flight in day-time conditions in a powered-lift 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 night-time conditions in a powered-lift that consists of a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(7)* * *
(i)3 hours of instrument training in an airship, including using a view limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems;
(ii)One 1-hour cross-country flight in day-time conditions in an airship that consists of a total straight-line distance of more than 25 nautical miles from the original point of departure;
(iii)One 1-hour cross-country flight in night-time conditions in an airship that consists of a total straight-line distance of more than 25 nautical miles from the original point of departure; and
(d)* * *
(4)* * *
(vi)Ground reference maneuvers; 5. * * *
(a)*For an airplane single-engine course.* 10 hours of solo flight time in a single-engine airplane, or 10 hours of flight time while performing the duties of pilot in command in a single-engine airplane with an authorized instructor on board. The training must consist of the approved areas of operation under paragraph (d)(1) of section No. 4 of this appendix, and include—
(b)*For an airplane multiengine course.* 10 hours of solo flight time in a multiengine airplane, or 10 hours of flight time while performing the duties of pilot in command in a multiengine airplane with an authorized instructor on board. The training must consist of the approved areas of operation under paragraph (d)(2) of section No. 4 of this appendix, and include—
(c)*For a rotorcraft helicopter course.* 10 hours of solo flight time in a helicopter, or 10 hours of flight time while performing the duties of pilot in command in a helicopter with an authorized instructor on board. The training must consist of the approved areas of operation under paragraph (d)(3) of section No. 4 of this appendix, and include—
(d)*For a rotorcraft-gyroplane course.* 10 hours of solo flight time in a gyroplane, or 10 hours of flight time while performing the duties of pilot in command in a gyroplane with an authorized instructor on board. The training must consist of the approved areas of operation under paragraph (d)(4) of section No. 4 of this appendix, and include—
(e)*For a powered-lift course.* 10 hours of solo flight time in a powered-lift, or 10 hours of flight time while performing the duties of pilot in command in a powered-lift with an authorized instructor on board. The training must consist of the approved areas of operation under paragraph (d)(5) of section No. 4 of this appendix, and include— 54. Amend Appendix E to part 141 by revising the introductory text of paragraph 2; removing paragraph 2.(a); re-designating existing paragraph 2.(b) as 2.(a) revising newly re-designated paragraph 2.(a); re-designating paragraph 2.(c) as (b); and re-designating paragraph 2.(d) as
(c)to read as follows: Appendix E to Part 141—Airline Transport Pilot Certification Course 2. *Eligibility for enrollment.* Before completing the flight portion of the airline transport pilot certification course, a person must meet the aeronautical experience requirements for an airline transport pilot certificate under part 61, subpart G of this chapter that is appropriate to the aircraft category and class rating for which the course applies, and:
(a)Hold a commercial pilot certificate and an instrument rating, or an airline transport pilot certificate with instrument privileges; 55. Amend Appendix I to part 141 by revising the appendix heading; and revising paragraphs 3 and 4 to read as follows: Appendix I to Part 141—Additional Aircraft Category and/or Class Rating Course 3. *Aeronautical knowledge training.*
(a)For a recreational pilot certificate, the following aeronautical knowledge areas must be included in a 10-hour ground training course for an additional aircraft category and/or class rating:
(1)Applicable Federal Aviation Regulations for recreational pilot privileges, limitations, and flight operations;
(2)Safe and efficient operation of aircraft, including collision avoidance, and recognition and avoidance of wake turbulence;
(3)Effects of density altitude on takeoff and climb performance;
(4)Weight and balance computations;
(5)Principles of aerodynamics, powerplants, and aircraft systems;
(6)Stall awareness, spin entry, spins, and spin recovery techniques if applying for an airplane single-engine rating; and
(7)Preflight action that includes how to obtain information on runway lengths at airports of intended use, data on takeoff and landing distances, weather reports and forecasts, and fuel requirements.
(b)For a private pilot certificate, the following aeronautical knowledge areas must be included in a 10-hour ground training course for an additional class rating or a 15-hour ground training course for an additional aircraft category and class rating:
(1)Applicable Federal Aviation Regulations for private pilot privileges, limitations, and flight operations;
(2)Safe and efficient operation of aircraft, including collision avoidance, and recognition and avoidance of wake turbulence;
(3)Effects of density altitude on takeoff and climb performance;
(4)Weight and balance computations;
(5)Principles of aerodynamics, powerplants, and aircraft systems;
(6)Stall awareness, spin entry, spins, and spin recovery techniques if applying for an airplane single-engine rating; and
(7)Preflight action that includes how to obtain information on runway lengths at airports of intended use, data on takeoff and landing distances, weather reports and forecasts, and fuel requirements.
(c)For a commercial pilot certificate, the following aeronautical knowledge areas must be included in a 15-hour ground training course for an additional class rating or a 20-hour ground training course for an additional aircraft category and class rating:
(1)Federal Aviation Regulations that apply to commercial pilot privileges, limitations, and flight operations;
(2)Basic aerodynamics and the principles of flight;
(3)Safe and efficient operation of aircraft;
(4)Weight and balance computations;
(5)Use of performance charts;
(6)Significance and effects of exceeding aircraft performance limitations;
(7)Principles and functions of aircraft systems;
(8)Maneuvers, procedures, and emergency operations appropriate to the aircraft;
(9)Night-time and high-altitude operations; and
(10)Procedures for flight and ground training for lighter-than-air ratings.
(d)For an airline transport pilot certificate, the following aeronautical knowledge areas must be included in a 25-hour ground training course for an additional aircraft category and/or class rating:
(1)Applicable Federal Aviation Regulations that relate to airline transport pilot privileges, limitations, and flight operations;
(2)Meteorology, including knowledge of and effects of fronts, frontal characteristics, cloud formations, icing, and upper-air data;
(3)General system of weather and NOTAM collection, dissemination, interpretation, and use;
(4)Interpretation and use of weather charts, maps, forecasts, sequence reports, abbreviations, and symbols;
(5)National Weather Service functions as they pertain to operations in the National Airspace System;
(6)Windshear and microburst awareness, identification, and avoidance;
(7)Principles of air navigation under instrument meteorological conditions in the National Airspace System;
(8)Air traffic control procedures and pilot responsibilities as they relate to en route operations, terminal area and radar operations, and instrument departure and approach procedures;
(9)Aircraft loading; weight and balance; use of charts, graphs, tables, formulas, and computations; and the effects on aircraft performance;
(10)Aerodynamics relating to an aircraft's flight characteristics and performance in normal and abnormal flight regimes;
(11)Human factors;
(12)Aeronautical decision making and judgment; and
(13)Crew resource management to include crew communication and coordination. 4. Flight training.
(a)Course for an additional airplane category and single-engine class rating.
(1)For the recreational pilot certificate, the course must include 15 hours of flight training on the areas of operations under part 141, appendix A, paragraph 4(c)(1) that include—
(i)2 hours of flight training to an airport and at an airport that is located more than 25 nautical miles from the airport where the applicant normally trains, with three takeoffs and three landings, except as provided under § 61.100 of this chapter; and
(ii)3 hours of flight training in an aircraft with the airplane category and single-engine class within 2 calendar months before the date of the practical test.
(2)For the private pilot certificate, the course must include 20 hours of flight training on the areas of operations under part 141, appendix B, paragraph 4(d)(1). A flight simulator and flight training device cannot be used to meet more than 4 hours of the training requirements, and the use of the flight training device is limited to 3 of the 4 hours. The course must include—
(i)3 hours of cross-country training in a single-engine airplane, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in a single-engine airplane that includes one cross-country flight of more than 100 nautical miles total distance, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport;
(iii)3 hours of flight training in a single-engine airplane on the control and maneuvering of the airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(iv)3 hours of flight training in a single-engine airplane within 2 calendar months before the date of the practical test.
(3)For the commercial pilot certificate, the course must include 55 hours of flight training on the areas of operations under part 141, appendix D, paragraph 4(d)(1). A flight simulator and flight training device cannot be used to meet more than 16.5 hours of the training requirements, and the use of the flight training device is limited to 11 of the 16.5 hours. The course must include—
(i)5 hours of instrument training in a single-engine airplane that includes training using a view limiting device on attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems;
(ii)10 hours of training in an airplane that has retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered;
(iii)One 2-hour cross-country flight during day-time conditions in a single-engine airplane, a total straight-line distance of more than 100 nautical miles from the original point of departure;
(iv)One 2-hour cross-country flight during night-time conditions in a single-engine airplane, a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(v)3 hours in a single-engine airplane within 2 calendar months before the date of the practical test.
(4)For the airline transport pilot certificate, the course must include 25 hours flight training, including 15 hours of instrument training, in a single-engine airplane on the areas of operation under part 141, appendix E, paragraph 4.(c). A flight simulator and flight training device cannot be used to meet more than 12.5 hours of the training requirements; and the use of the flight training device is limited to 6.25 of the 12.5 hours.
(b)Course for an additional airplane category and multiengine class rating.
(1)For the private pilot certificate, the course requires 20 hours flight training on the areas of operations under part 141, appendix B, paragraph 4.(d)(2). A flight simulator and flight training device cannot be used more than 4 hours to meet the training requirements, and use of the flight training device is limited to 3 of the 4 hours. The course must include—
(i)3 hours of cross-country training in a multiengine airplane, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in a multiengine airplane that includes one cross-country flight of more than 100 nautical miles total distance, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport;
(iii)3 hours of flight training in a multiengine airplane on the control and maneuvering of a multiengine airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(iv)3 hours of flight training in a multiengine airplane in preparation for the practical test within 2 calendar months before the date of the test.
(2)For the commercial pilot certificate, the course requires 55 hours flight training on the areas of operations under part 141, appendix D, paragraph 4.(d)(2). A flight simulator and flight training device cannot be used more than 16.5 hours to meet the training requirements, and use of the flight training device is limited to 11 of the 16.5 hours. The course must include—
(i)5 hours of instrument training in a multiengine airplane including training using a view limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems;
(ii)10 hours of training in a multiengine airplane that has retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered;
(iii)One 2-hour cross-country flight during day-time conditions in a multiengine airplane, and a total straight-line distance of more than 100 nautical miles from the original point of departure;
(iv)One 2-hour cross-country flight during night-time conditions in a multiengine airplane, and a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(v)3 hours in a multiengine airplane within 2 calendar months before the date of the practical test.
(3)For the airline transport pilot certificate, the course requires 25 hours of flight training in a multiengine airplane on the areas of operation under part 141, appendix E, paragraph 4.(c) that includes 15 hours of instrument training. A flight simulator and flight training device cannot be used more than 12.5 hours to meet the training requirements, and use of the flight training device is limited to 6.25 of the 12.5 hours.
(c)Course for an additional rotorcraft category and helicopter class rating.
(1)For the recreational pilot certificate, the course requires 15 hours of flight training on the areas of operations under part 141, appendix A, paragraph 4.(c)(2) that includes—
(i)2 hours of flight training to and at an airport that is located more than 25 nautical miles from the airport where the applicant normally trains, with three takeoffs and three landings, except as provided under § 61.100 of this chapter; and
(ii)3 hours of flight training in a rotorcraft category and a helicopter class aircraft within 2 calendar months before the date of the practical test.
(2)For the private pilot certificate, the course requires 20 hours flight training on the areas of operations under part 141, appendix B, paragraph 4.(d)(3). A flight simulator and flight training device cannot be used more than 4 hours to meet the training requirements, and use of the flight training device is limited to 3 of the 4 hours. The course must include—
(i)Except as provided under § 61.111 of this chapter, 3 hours of cross-country flight training in a helicopter;
(ii)3 hours of night-time flight training in a helicopter that includes one cross-country flight of more than 50-nautical-miles total distance, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport; and
(iii)3 hours of flight training in a helicopter within 2 calendar months before the date of the practical test.
(3)The commercial pilot certificate level requires 30 hours flight training on the areas of operations under appendix D of part 141, paragraph 4.(d)(3). A flight simulator and flight training device cannot be used more than 9 hours to meet the training requirements, and use of the flight training device is limited to 6 of the 9 hours. The course must include—
(i)5 hours on the control and maneuvering of a helicopter solely by reference to instruments, and must include training using a view limiting device for 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 a personal computer aviation training device;
(ii)One 2-hour cross-country flight during day-time conditions in a helicopter, a total straight-line distance of more than 50 nautical miles from the original point of departure;
(iii)One 2-hour cross-country flight during night-time conditions in a helicopter, a total straight-line distance of more than 50 nautical miles from the original point of departure; and
(iv)3 hours in a helicopter within 2 calendar months before the date of the practical test.
(4)For the airline transport pilot certificate, the course requires 25 hours of flight training, including 15 hours of instrument training, in a helicopter on the areas of operation under part 141, appendix E, paragraph 4.(c). A flight simulator and flight training device cannot be used more than 12.5 hours to meet the training requirements, and use of the flight training device is limited to 6.25 of the 12.5 hours.
(d)Course for an additional rotorcraft category and a gyroplane class rating.
(1)For the recreational pilot certificate, the course requires 15 hours flight training on the areas of operations under part 141, appendix A, paragraph 4.(c)(3) that includes—
(i)2 hours of flight training to and at an airport that is located more than 25 nautical miles from the airport where the applicant normally trains, with three takeoffs and three landings, except as provided under § 61.100 of this chapter; and
(ii)3 hours of flight training in a gyroplane class within 2 calendar months before the date of the practical test.
(2)For the private pilot certificate, the course requires 20 hours flight training on the areas of operations under part 141, appendix B, paragraph 4.(d)(4). A flight simulator and flight training device cannot be used more than 4 hours to meet the training requirements, and use of the flight training device is limited to 3 of the 4 hours. The course must include—
(i)3 hours of cross-country flight training in a gyroplane, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in a gyroplane that includes one cross-country flight of more than 50-nautical miles total distance, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport; and
(iii)3 hours of flight training in a gyroplane within 2 calendar months before the date of the practical test.
(3)For the commercial pilot certificate, the course requires 30 hours flight training on the areas of operations of appendix D to part 141, paragraph 4.(d)(4). A flight simulator and flight training device cannot be used more than 6 hours to meet the training requirements, and use of the flight training device is limited to 6 of the 9 hours. The course must include—
(i)2.5 hours on the control and maneuvering of a gyroplane solely by reference to instruments, and must include training using a view limiting device for 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 a personal computer aviation training device.
(ii)One 2-hour cross-country flight during day-time conditions in a gyroplane, a total straight-line distance of more than 50 nautical miles from the original point of departure;
(iii)2 hours of flight training during night-time conditions in a 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)3 hours in a gyroplane within 2 calendar months before the date of the practical test.
(e)Course for an additional lighter-than-air category and airship class rating.
(1)For the private pilot certificate, the course requires 20 hours of flight training on the areas of operation under part 141, appendix B, paragraph 4.(d)(7). A flight simulator and flight training device cannot be used more than 4 hours to meet the training requirements, and use of the flight training device is limited to 3 of the 4 hours. The course must include—
(i)3 hours of cross-country flight training in an airship, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in an airship that includes one cross-country flight of more than 25-nautical miles total distance and five takeoffs and five landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport;
(iii)3 hours of flight training in an airship on the control and maneuvering of an airship solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(iv)3 hours of flight training in an airship within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 55 hours of flight training on the areas of operation under part 141, appendix D, paragraph 4.(d)(7). A flight simulator and flight training device cannot be used more than 16.5 hours to meet the training requirements, and use of the flight training device is limited to 11 of the 16.5 hours. The course must include—
(i)3 hours of instrument training in an airship that must include training using a view limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems;
(ii)One 1-hour cross-country flight during day-time conditions in an airship that consists of a total straight-line distance of more than 25 nautical miles from the original point of departure;
(iii)One 1-hour cross-country flight during night-time conditions in an airship that consists of a total straight-line distance of more than 25 nautical miles from the original point of departure; and
(iv)3 hours of flight training in an airship within 2 calendar months before the date of the practical test.
(f)Course for an additional lighter-than-air category and a gas balloon class rating.
(1)For the private pilot certificate, the course requires eight hours of flight training that includes five training flights on the areas of operations under part 141, appendix B, paragraph 4(d)(8). A flight simulator and flight training device cannot be used more than 1.6 hours to meet the training requirements, and use of the flight training device is limited to 1.2 of the 1.6 hours. The course must include—
(i)Two flights of 1 hour each;
(ii)One flight involving a controlled ascent to 3,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 10 hours of flight training that includes eight training flights on the areas of operations under part 141, appendix D, paragraph 4(d)(8). A flight simulator and flight training device cannot be used more than 3 hours to meet the training requirements, and use of the flight training device is limited to 2 of the 3 hours. The course must include—
(i)Two flights of 1 hour each;
(ii)One flight involving a controlled ascent to 5,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test.
(g)Course for an additional lighter-than-air category and a hot air balloon class rating.
(1)For the private pilot certificate, the course requires eight hours of flight training that includes five training flights on the areas of operations under part 141, appendix B, paragraph 4(d)(8). A flight simulator and flight training device cannot be used more than 1.6 hours to meet the training requirements, and use of the flight training device is limited to 1.2 of the 1.6 hours. The course must include—
(i)Two flights of 30 minutes each;
(ii)One flight involving a controlled ascent to 2,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 10 hours of flight training that includes eight training flights on the areas of operation under part 141, appendix D, paragraph 4(d)(8). A flight simulator and flight training device cannot be used more than 3 hours to meet the training requirements, and use of the flight training device is limited to 2 of the 3 hours. The course must include—
(i)Two flights of 30 minutes each;
(ii)One flight involving a controlled ascent to 3,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test.
(h)Course for an additional powered-lift category rating.
(1)For the private pilot certificate, the course requires 20 hours flight training on the areas of operations under part 141, appendix B, paragraph 4(d)(5). A flight simulator and flight training device cannot be used more than 4 hours to meet the training requirements, and use of the flight training device is limited to 3 of the 4 hours. The course must include—
(i)3 hours of cross-country flight training in a powered-lift except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in a powered-lift that includes one cross-country flight of more than 100-nautical-miles total distance, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport;
(iii)3 hours of flight training in a powered-lift on the control and maneuvering of a powered-lift solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight;
(iv)3 hours of flight training in a powered-lift within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 55 hours flight training on the areas of operations under part 141, appendix D, paragraph 4(d)(5). A flight simulator and flight training device cannot be used more than 16.5 hours to meet the training requirements, and use of the flight training device is limited to 11 of the 16.5 hours. The course includes—
(i)5 hours of instrument training in a powered-lift that must include training using a view limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems;
(ii)One 2-hour cross-country flight during day-time conditions in a powered-lift, a total straight-line distance of more than 100 nautical miles from the original point of departure;
(iii)One 2-hour cross-country flight during night-time conditions in a powered-lift, a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(iv)3 hours of flight training in a powered-lift within 2 calendar months before the date of the practical test.
(3)For the airline transport pilot certificate, the course requires 25 hours flight training in a powered-lift on the areas of operation under part 141, appendix E, paragraph 4(c) that includes 15 hours of instrument training. A flight simulator and flight training device cannot be used more than 12.5 hours to meet the training requirements, and use of the flight training device is limited to 6.25 of the 12.5 hours.
(i)Course for an additional glider category rating.
(1)For the private pilot certificate, the course requires 4 hours of flight training in a glider on the areas of operations under part 141, appendix B, paragraph 4(d)(6). A flight simulator and flight training device cannot be used more than 0.8 hours to meet the training requirements, and use of the flight training device is limited to 0.6 of the 0.8 hours. The course must include—
(i)Five training flights in a glider with a certificated flight instructor on the launch/tow procedures approved for the course and on the appropriate approved areas of operation listed under appendix B, paragraph 4(d)(6) of this part; and
(ii)Three training flights in a glider with a certificated flight instructor within 2 calendar months before the date of the practical test.
(2)The commercial pilot certificate level requires 4 hours of flight training in a glider on the areas of operation under part 141, appendix D, paragraph 4(d)(6). A flight simulator and flight training device cannot be used more than 0.8 hours to meet the training requirements, and use of the flight training device is limited to 0.6 of the 0.8 hours. The course must include—
(j)Course for an airplane additional single-engine class rating.
(1)For the private pilot certificate, the course requires 3 hours of flight training. in the areas of operations under part 141, appendix B, paragraph 4(d)(1). A flight simulator and flight training device cannot be used more than 0.6 hours to meet the training requirements, and use of the flight training device is limited to 0.4 of the 0.6 hours. The course must include—
(i)3 hours of cross-country training in a single-engine airplane, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in a single-engine airplane that includes one cross-country flight of more than 100 nautical miles total distance in a single-engine airplane and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport;
(iii)3 hours of flight training in a single-engine airplane on the control and maneuvering of a single-engine airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(iv)3 hours of flight training in a single-engine airplane within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 10 hours of flight training on the areas of operations under part 141, appendix D, paragraph 4.(d)(1).
(i)5 hours of instrument training in a single-engine airplane that must include training using a view limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.
(ii)10 hours of flight training in an airplane that has retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered.
(iii)One 2-hour cross-country flight during day-time conditions in a single-engine airplane and a total straight-line distance of more than 100 nautical miles from the original point of departure;
(iv)One 2-hour cross-country flight during night-time conditions in a single-engine airplane and a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(v)3 hours of flight training in a single-engine airplane within 2 calendar months before the date of the practical test.
(3)For the airline transport pilot certificate, the course requires 25 hours flight training in a single-engine airplane on the areas of operation under appendix E to part 141, paragraph 4.(c), that includes 15 hours of instrument training. A flight simulator and flight training device cannot be used more than 12.5 hours to meet the training requirements, and use of the flight training device is limited to 6.25 of the 12.5 hours.
(k)Course for an airplane additional multiengine class rating.
(1)For the private pilot certificate, the course requires 3 hours of flight training on the areas of operations of appendix B to part 141, paragraph 4(d)(2). A flight simulator and flight training device cannot be used more than 0.6 hours to meet the training requirements, and use of the flight training device is limited to 0.4 of the 0.6 hours. The course must include—
(i)3 hours of cross-country training in a multiengine airplane, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in a multiengine airplane that includes one cross-country flight of more than 100 nautical miles total distance in a multiengine airplane, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport;
(iii)3 hours of flight training in a multiengine airplane on the control and maneuvering of a multiengine airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(iv)3 hours of flight training in a multiengine airplane within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 10 hours of training on the areas of operations under appendix D of part 141, paragraph 4(d)(2). A flight simulator and flight training device cannot be used more than 3 hours to meet the training requirements, and use of the flight training device is limited to 2 of the 3 hours. The course must include—
(i)5 hours of instrument training in a multiengine airplane that must include training using a view limiting device on for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems;
(ii)10 hours of training in a multiengine airplane that has retractable landing gear, flaps, and a controllable pitch propeller, or is turbine-powered;
(iii)One 2-hour cross-country flight during day-time conditions in a multiengine airplane and, a total straight-line distance of more than 100 nautical miles from the original point of departure;
(iv)One 2-hour cross-country flight during night-time conditions in a multiengine airplane and, a total straight-line distance of more than 100 nautical miles from the original point of departure; and
(iv)3 hours of flight training in a multiengine airplane within 2 calendar months before the date of the practical test.
(3)For the airline transport pilot certificate, the course requires 25 hours of training in a multiengine airplane on the areas of operation of appendix E to part 141, paragraph 4.(c) that includes 15 hours of instrument training. A flight simulator and flight training device cannot be used more than 12.5 hours to meet the training requirements, and use of the flight training device is limited to 6.25 of the 12.5 hours.
(l)Course for a rotorcraft additional helicopter class rating.
(1)For the recreational pilot certificate, the course requires 3 hours of flight training on the areas of operations under appendix A of part 141, paragraph 4.(c)(2) that includes—
(i)2 hours of flight training to and at an airport that is located more than 25 nautical miles from the airport where the applicant normally trains, with three takeoffs and three landings, except as provided under § 61.100 of this chapter; and
(ii)3 hours of flight training in a helicopter within 2 calendar months before the date of the practical test.
(2)For the private pilot certificate, the course requires 3 hours flight training on the areas of operations under appendix B of part 141, paragraph 4.(d)(3). A flight simulator and flight training device cannot be used more than 0.6 hours to meet the training requirements, and use of the flight training device is limited to 0.4 of the 0.6 hours. The course must include—
(i)3 hours of cross-country training in a helicopter, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in a helicopter that includes one cross-country flight of more than 50-nautical-miles total distance, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport; and
(iii)3 hours of flight training in a helicopter within 2 calendar months before the date of the practical test.
(3)For the commercial pilot certificate, the course requires 5 hours flight training on the areas of operations under appendix D of part 141, paragraph 4.(d)(3). Use of a flight simulator and flight training device in the approved training course cannot exceed 1 hour; however, use of the flight training device cannot exceed 0.7 of the one hour. The course must include—
(i)5 hours on the control and maneuvering of a helicopter solely by reference to instruments, and must include training using a view limiting device for 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 a personal computer aviation training device;
(ii)One 2-hour cross-country flight during day-time conditions in a helicopter and, a total straight-line distance of more than 50 nautical miles from the original point of departure;
(iii)One 2-hour cross-country flight during night-time conditions in a helicopter and a total straight-line distance of more than 50 nautical miles from the original point of departure; and
(iv)3 hours of flight training in a helicopter within 2 calendar months before the date of the practical test.
(4)For the airline transport pilot certificate, the course requires 25 hours of flight training in a helicopter on the areas of operation under appendix E of part 141, paragraph 4.(c) that includes 15 hours of instrument training. A flight simulator and flight training device cannot be used more than 12.5 hours to meet the training requirements, and use of the flight training device is limited to 6.25 of the 12.5 hours.
(m)Course for a rotorcraft additional gyroplane class rating.
(1)For the recreational pilot certificate, the course requires 3 hours flight training on the areas of operations of appendix A to part 141, paragraph 4.(c)(3) that includes—
(i)Except as provided under § 61.100 of this chapter, 2 hours of flight training to and at an airport that is located more than 25 nautical miles from the airport where the applicant normally trains, with three takeoffs and three landings; and
(ii)Within 2 calendar months before the date of the practical test, 3 hours of flight training in a gyroplane.
(2)For the private pilot certificate, the course requires 3 hours flight training on the areas of operations of appendix B to part 141, paragraph 4.(d)(4). A flight simulator and flight training device cannot be used more than 0.6 hours to meet the training requirements, and use of the flight training device is limited to 0.4 of the 0.6 hours. The course must include—
(i)3 hours of cross-country training in a gyroplane;
(ii)3 hours of night-time flight training in a gyroplane that includes one cross-country flight of more than 50-nautical-miles total distance, and 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport; and
(iii)3 hours of flight training in a gyroplane within 2 calendar months before the date of the practical test.
(3)For the commercial pilot certificate, the course requires 5 hours flight training on the areas of operations of appendix D to part 141, paragraph 4.(d)(4). A flight simulator and flight training device cannot be used more than 1 hour to meet the training requirements, and use of the flight training device is limited to 0.7 of the 1 hour. The course must include—
(i)2.5 hours on the control and maneuvering of a gyroplane solely by reference to instruments, and must include training using a view limiting device for 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 a personal computer aviation training device.
(ii)3 hours of cross-country flight training in a gyroplane, except as provided under § 61.111 of this chapter;
(iii)2 hours of flight training during night-time conditions in a 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)3 hours of flight training in a gyroplane within 2 calendar months before the date of the practical test.
(n)Course for a lighter-than-air additional airship class rating.
(1)For the private pilot certificate, the course requires 20 hours of flight training on the areas of operation under appendix B of part 141, paragraph 4.(d)(7). A flight simulator and flight training device cannot be used more than 4 hours to meet the training requirements, and use of the flight training device is limited to 3 of the 4 hours. The course must include—
(i)3 hours of cross-country training in an airship, except as provided under § 61.111 of this chapter;
(ii)3 hours of night-time flight training in an airship that includes one cross-country flight of more than 25-nautical-miles total distance, and five takeoffs and five landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport;
(iii)3 hours of flight training in an airship on the control and maneuvering of an airship solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight; and
(iv)3 hours of flight training in an airship within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 55 hours of flight training on the areas of operation under appendix D of part 141, paragraph 4.(d)(7). A flight simulator and flight training device cannot be used more than 16.5 hours to meet the training requirements, and use of the flight training device is limited to 11 of the 16.5 hours. The course must include—
(i)3 hours of instrument training in an airship that must include training using a view limiting device for attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems;
(ii)One 1-hour cross-country flight during day-time conditions in an airship that consists of a total straight-line distance of more than 25 nautical miles from the original point of departure;
(iii)One 1-hour cross-country flight during night-time conditions in an airship that consists of a total straight-line distance of more than 25 nautical miles from the original point of departure; and
(iv)3 hours of flight training in an airship within 2 calendar months before the date of the practical test.
(o)Course for a lighter-than-air additional gas balloon class rating.
(1)For the private pilot certificate, the course requires eight hours of flight training that includes five training flights on the areas of operations under appendix B of part 141, paragraph 4.(d)(8). A flight simulator and flight training device cannot be used more than 1.6 hours to meet the training requirements, and use of the flight training device is limited to 1.2 of the 1.6 hours. The course must include—
(i)Two flights of 1 hour each;
(ii)One flight involving a controlled ascent to 3,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 10 hours of flight training that includes eight training flights on the areas of operations of appendix D to part 141, paragraph 4.(d)(8). A flight simulator and flight training device cannot be used more than 3 hours to meet the training requirements, and use of the flight training device is limited to 2 of the 3 hours. The course must include—
(i)Two flights of 1 hour each;
(ii)One flight involving a controlled ascent to 5,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test.
(p)Course for a lighter-than-air additional hot air balloon class rating.
(1)For the private pilot certificate, the course requires 8 hours of flight training that includes five training flights on the areas of operations of appendix B to part 141, paragraph 4.(d)(8). A flight simulator and flight training device cannot be used more than 1.6 hours to meet the training requirements, and use of the flight training device is limited to 1.2 of the 1.6 hours. The course must include—
(i)Two flights of 30 minutes each;
(ii)One flight involving a controlled ascent to 2,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test.
(2)For the commercial pilot certificate, the course requires 10 hours of flight training that includes eight training flight on the areas of operation of appendix D to part 141, paragraph 4.(d)(8). A flight simulator and flight training device cannot be used more than 3 hours to meet the training requirements, and use of the flight training device is limited to 2 of the 3 hours. The course must include—
(i)Two flights of 30 minutes each.
(ii)One flight involving a controlled ascent to 3,000 feet above the launch site; and
(iii)Two flights within 2 calendar months before the date of the practical test. Issued in Washington, DC on December 27, 2006. James Ballough, Director, Flight Standards Service. [FR Doc. E7-1467 Filed 2-6-07; 8:45 am] BILLING CODE 4910-13-P 72 25 Wednesday, February 7, 2007 Proposed Rules Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Flatwoods Salamander; Proposed Rule DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AU85 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Flatwoods Salamander AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the flatwoods salamander ( *Ambystoma cingulatum* ) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 31,428 acres
(ac)(12,719 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Baker, Calhoun, Franklin, Holmes, Jackson, Jefferson, Liberty, Santa Rosa, Wakulla, Walton, and Washington Counties in Florida; Baker and Miller Counties in Georgia; and Berkeley, Charleston, and Jasper Counties in South Carolina. DATES: We will accept comments from all interested parties until April 9, 2007. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by March 26, 2007. ADDRESSES: If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods: 1. You may send by U.S. mail or hand-deliver written comments and information to Ray Aycock, Field Supervisor, U.S. Fish and Wildlife Service, Mississippi Fish and Wildlife Office, 6578 Dogwood View Pkwy, Jackson, MS 39213. 2. You may send comments by electronic mail (e-mail) to *linda_laclaire@fws.gov.* Please see the Public Comments Solicited section below for file format and other information about electronic filing. 3. You may fax your comments to 601/965-4340. 4. You may go to the Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. Comments and materials received, as well as supporting documentation used in the preparation of this proposed rule, will be available for public inspection, by appointment, during normal business hours at the Mississippi Fish and Wildlife Office (address above). FOR FURTHER INFORMATION CONTACT: Ray Aycock, Field Supervisor, Mississippi Fish and Wildlife Office (address above) ( *telephone:* 601/965-4900; *facsimile:* 601/965-4340). Persons who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 800-877-8339, 7 days a week and 24 hours a day. SUPPLEMENTARY INFORMATION: Public Comments Solicited We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule are hereby solicited. Comments particularly are sought concerning:
(1)The reasons any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 *et seq.* ), including whether the benefit of designation will outweigh any threats to the species caused by designation;
(2)Specific information on the amount and distribution of flatwoods salamander habitat, what areas should be included in the designations that were occupied at the time of listing that contain the features that are essential for the conservation of the species and why and what areas that were not occupied at the time of listing but are essential to the conservation of the species and why;
(3)Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat;
(4)Any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities;
(5)The adequacy of forest management plans and programs for Francis Marion, Osceola, and Apalachicola National Forests with respect to providing protection and conservation for the flatwoods salamander; and
(6)Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments. If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods (see ADDRESSES section). Please submit Internet comments to *linda_laclaire@fws.gov.* Please include “Attn: flatwoods salamander” in your e-mail subject header and your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your Internet message, contact us directly by calling our Mississippi Fish and Wildlife Office at phone number 601/965-4900. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their names and home addresses, etc., but if you wish us to consider withholding this information, you must state this prominently at the beginning of your comments. In addition, you must present rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Role of Critical Habitat in Actual Practice of Administering and Implementing the Act Attention to and protection of habitat is paramount to successful conservation actions. The role that designation of critical habitat plays in protecting habitat of listed species, however, is often misunderstood. As discussed in more detail below in the discussion of exclusions under the Act's section 4(b)(2), there are significant limitations on the regulatory effect of designation under Act's section 7(a)(2). In brief,
(1)designation provides additional protection to habitat only where there is a federal nexus;
(2)the protection is relevant only when, in the absence of designation, destruction or adverse modification of the critical habitat would in fact take place (in other words, other statutory or regulatory protections, policies, or other factors relevant to agency decision-making would not prevent the destruction or adverse modification); and
(3)designation of critical habitat triggers the prohibition of destruction or adverse modification of that habitat, but it does not require specific actions to restore or improve habitat. Currently, only 476 species, or 36 percent of the 1,311 listed species in the United States under the jurisdiction of the Service, have designated critical habitat. We address the habitat needs of all 1,311 listed species through conservation mechanisms such as listing, section 7 consultations, the section 4 recovery planning process, the section 9 protective prohibitions of unauthorized take, section 6 funding to the States, the section 10 incidental take permit process, and cooperative, nonregulatory efforts with private landowners. The Service believes that it is these measures may make the difference between extinction and survival for many species. In considering exclusions of areas proposed for designation, we evaluated the benefits of designation in light of *Gifford Pinchot Task Force* v. *United States Fish and Wildlife Service* , 378 F. 3d 1059 (9th Cir 2004) (hereinafter *Gifford Pinchot* ). In that case, the Ninth Circuit invalidated the Service's regulation defining “destruction or adverse modification of critical habitat.” In response, on December 9, 2004, the Director issued guidance to be considered in making section 7 adverse modification determinations. This proposed critical habitat designation does not use the invalidated regulation in our consideration of the benefits of including areas. The Service will carefully manage future consultations that analyze impacts to designated critical habitat, particularly those that appear to be resulting in an adverse modification determination. Such consultations will be reviewed by the Regional Office prior to finalizing to ensure that an adequate analysis has been conducted that is informed by the Director's guidance. On the other hand, to the extent that designation of critical habitat provides protection, that protection can come at significant social and economic cost. In addition, the mere administrative process of designation of critical habitat is expensive, time-consuming, and controversial. The current statutory framework of critical habitat, combined with past judicial interpretations of the statute, make critical habitat the subject of excessive litigation. As a result, critical habitat designations are driven by litigation and courts rather than biology, and made at a time and under a time frame that limits our ability to obtain and evaluate the scientific and other information required to make the designation most meaningful. In light of these circumstances, the Service believes that additional agency discretion would allow our focus to return to those actions that provide the greatest benefit to the species most in need of protection. Procedural and Resource Difficulties in Designating Critical Habitat We have been inundated with lawsuits for our failure to designate critical habitat, and we face a growing number of lawsuits challenging critical habitat determinations once they are made. These lawsuits have subjected the Service to an ever-increasing series of court orders and court-approved settlement agreements, compliance with which now consumes nearly the entire listing program budget. This leaves the Service with little ability to prioritize its activities to direct scarce listing resources to the listing program actions with the most biologically urgent species conservation needs. The consequence of the critical habitat litigation activity is that limited listing funds are used to defend active lawsuits, to respond to Notices of Intent
(NOIs)to sue relative to critical habitat, and to comply with the growing number of adverse court orders. As a result, listing petition responses, the Service's own proposals to list critically imperiled species, and final listing determinations on existing proposals are all significantly delayed. The accelerated schedules of court-ordered designations have left the Service with limited ability to provide for public participation or to ensure a defect-free rulemaking process before making decisions on listing and critical habitat proposals, due to the risks associated with noncompliance with judicially imposed deadlines. This in turn fosters a second round of litigation in which those who fear adverse impacts from critical habitat designations challenge those designations. The cycle of litigation appears endless, and is very expensive, thus diverting resources from conservation actions that may provide relatively more benefit to imperiled species. The costs resulting from the designation include legal costs, the cost of preparation and publication of the designation, the analysis of the economic effects and the cost of requesting and responding to public comment, and in some cases the costs of compliance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4371 *et seq.* ). These costs, which are not required for many other conservation actions, directly reduce the funds available for direct and tangible conservation actions. Background It is our intent to discuss only those topics directly relevant to the designation of critical habitat in this proposed rule. For more information on the flatwoods salamander, refer to the final listing rule published in the **Federal Register** on April 1, 1999 (64 FR 15691). Previous Federal Actions The flatwoods salamander ( *Ambystoma cingulatum* ) was listed as threatened on April 1, 1999 (64 FR 15691). At that time, we found that designation of critical habitat for the flatwoods salamander was not prudent because such designation would not be beneficial and may increase threats to the species. On April 1, 2005, Center for Biological Diversity, Wild South, and Florida Biodiversity Project filed a lawsuit against the Secretary of the Interior alleging failure to designate critical habitat for the flatwoods salamander. In a court-approved settlement agreement, we agreed to reevaluate the need for critical habitat for the species and if prudent submit a proposed designation of critical habitat to the **Federal Register** by January 30, 2007. Critical Habitat Critical habitat is defined in section 3 of the Act as—(i) the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features
(I)essential to the conservation of the species and
(II)that may require special management considerations or protection; and
(ii)specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. Conservation, as defined under section 3 of the Act, means to use and the use of all methods and procedures that are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to the Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking. Critical habitat receives protection under section 7 of the Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded, or authorized by a Federal agency. Section 7 requires consultation on Federal actions that are likely to result in the destruction or adverse modification of critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow government or public access to private lands. Section 7 is a purely protective measure and does not require implementation of restoration, recovery, or enhancement measures. To be included in a critical habitat designation, the habitat within the area occupied by the species must first have features that are essential to the conservation of the species. Critical habitat designations identify, to the extent known using the best scientific data available, habitat areas that provide essential life cycle needs of the species (i.e., areas on which are found the primary constituent elements, as defined at 50 CFR 424.12(b)). Habitat occupied at the time of listing may be included in critical habitat only if the essential features thereon may require special management or protection. Thus, we do not include areas where existing management is sufficient to conserve the species. (As discussed below, such areas may also be excluded from critical habitat pursuant to section 4(b)(2)). Accordingly, when the best available scientific data do not demonstrate that the conservation needs of the species require additional areas, we will not designate critical habitat in areas outside the geographical area occupied by the species at the time of listing. An area currently occupied by the species but not known to have been occupied at the time of listing will likely, but not always, be essential to the conservation of the species and, therefore, typically included in the critical habitat designation. The Service's Policy on Information Standards Under the Endangered Species Act, published in the **Federal Register** on July 1, 1994 (59 FR 34271), and Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service provide criteria, establish procedures, and provide guidance to ensure that decisions made by the Service represent the best scientific data available. They require Service biologists, to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information is generally the listing package for the species. Additional information sources include the recovery plan for the species, articles in peer-reviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge. All information is used in accordance with the provisions of Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service. Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species. For these reasons, critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery. Areas that support populations, but are outside the critical habitat designation, will continue to be subject to conservation actions implemented under section 7(a)(1) of the Act and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best available information at the time of the action. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome. Methods As required by section 4(b)(2) of the Act, we use the best scientific data available in determining areas that contain the features that are essential to the conservation of the flatwoods salamander. This includes information from the proposed listing rule (62 FR 65787), final listing rule (64 FR 15691), site visits, soil and species map coverages, and data compiled in the Florida, Georgia, and South Carolina Natural Heritage databases. We do not propose any areas outside the geographical area presently occupied by the species. We also reviewed the available information pertaining to historical and current distribution, ecology, life history, and habitat requirements of the flatwoods salamander. This material included data in reports submitted by biologists holding section 10(a)(1)(A) recovery permits; research published in peer-reviewed scientific publications; museum records; technical reports and unpublished field observations by Service, State and other experienced biologists; additional notes and communications with qualified biologists or experts; and regional Geographic Information System
(GIS)coverages. Primary Constituent Elements In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we consider those physical and biological features that are essential to the conservation of the species (PCEs), and within areas occupied by the species at the time of listing, those PCES that may require special management considerations and protection. These include, but are not limited to, space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing (or development) of offspring; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. The specific PCEs required for the flatwoods salamander are derived from the biological needs of the flatwoods salamander as described below and in the final listing rule (64 FR 15691). Space for Individual and Population Growth and Normal Behavior The flatwoods salamander is a terrestrial species of the longleaf pine ecosystem. Flatwoods salamanders spend most of their lives underground, and occur in forested habitat consisting of fire-maintained, open-canopied, flatwoods and savannas dominated by longleaf pine ( *Pinus palustris* ), with naturally-occurring slash pine ( * P. elliotti * ) in wetter areas. Historically, fire-tolerant longleaf pine dominated the uplands, whereas slash pine, being less fire-tolerant, was confined principally to wetlands, wetland edges, and the wetter portions of pine flatwoods. Means et al. (1996, pp. 434-435) summarized the natural distribution of slash pine in reference to the flatwoods salamander and concluded that natural slash pine habitats constituted only a minor fraction of the species' upland habitat. Much of the original flatwoods habitat has been converted to pine (often slash pine) plantations and become a closed-canopy forest unsuitable as habitat for the flatwoods salamander. Nevertheless, flatwoods salamanders do occur on some slash and loblolly pine ( *P. taeda* ) plantation sites. The extent of habitat degradation has been variable among pine plantations. On some plantations, the original hydrology, ground cover, and soil structure have been less severely altered, and these are the areas where remnant flatwoods salamander populations still occur. Pine flatwoods and savannas are typically characterized by low, flat topography, and relatively poorly-drained, acidic, sandy soil that becomes seasonally saturated. In the past, this ecosystem was characterized by open pine woodlands maintained by frequent fires. Naturally ignited by lightning during spring and early summer, these flatwoods historically burned at intervals ranging from 1 to 4 years (discussion in Clewell 1989, p. 226). In some areas, such as southwest Georgia, the topography of pine flatwoods can vary from nearly flat to gently-rolling hills. The groundcover of the pine flatwoods/savanna ecosystem is typically dominated by wiregrass ( *Aristida stricta* [= *A. beyrichiana* ] Kesler et al. 2003, p. 9) in the Gulf Coastal Plain, which is often joined or replaced by dropseed ( *Sporobolus* spp.) in the Atlantic Coastal Plain. Many other herbaceous plants are found in the groundcover and plant diversity is usually very high. During the breeding season, adult flatwoods salamanders leave their subterranean retreats and migrate to breeding sites during rains associated with passing cold fronts. Throughout their range, the salamanders breed at ephemeral (seasonally-flooded) isolated ponds (not connected to other water bodies) embedded within the mesic (moderate moisture) to intermediate-mesic flatwoods/savanna communities occupied by post-larval and adult salamanders (Palis and Means 2005, pp. 608-609. There are some variations in vegetation, geology, and soils among geographic areas within the range of the salamander (most notably, differences between the Gulf Coast and Atlantic Coastal Plain communities); however, basic characteristics are fairly similar throughout. Both forested uplands and isolated wetlands (See further discussion of isolated wetlands in section “Sites for breeding, reproduction, and rearing of offspring,” below) are needed to provide space for individual and population growth and normal behavior. The distance between the wetland breeding and upland terrestrial habitats of post-larval and adult salamanders can vary considerably. According to Ashton (1992), flatwoods salamanders have been documented up to 5,576 ft (1,700 m) from breeding ponds. In the final listing rule, however, the Service used an estimate of 1,476 feet
(ft)(450 meters (m)) as the radius of a flatwoods salamander's principal activity area around a breeding pond based on research summarized in Semlitsch (1998, pp. 1115-1117) on this species and other species in its genus (U. S. Fish and Wildlife Service 1999, p. 15697). Food, Water, Air, Light, or Other Nutritional or Physiological Requirements It is assumed that flatwoods salamanders eat small invertebrates that share their fossorial (underground) habitat. Records exist of earthworms that have been found in the stomachs of dissected adults (Goin 1950, p. 314). Larval flatwoods salmanders most likely prey on a variety of aquatic invertebrates and perhaps small vertebrates such as other amphibian larvae (Palis and Means 2005, p. 608). Data from a recent study of larval food habits found that freshwater crustaceans dominated stomach contents of preserved, wild-caught individuals from Florida and South Carolina (Whiles et al. 2004, p. 208). This likely indicates a preference for freshwater crustaceans, or perhaps is an indication that these invertebrates are the most abundant or most easily captured prey in breeding ponds. Within the pine uplands, a diverse and abundant herbaceous layer consisting of native species is important to maintain the prey base for adult flatwoods salamanders. Wetland water quality is important to maintain the aquatic invertebrate fauna eaten by larval salamanders. An unpolluted wetland with water free of sediment, pesticides, herbicides, and the chemicals associated with road runoff, is important to maintain the aquatic invertebrate fauna eaten by larval salamanders. Cover or Shelter At wetland sites, developing larval flatwoods salamanders hide in submerged herbaceous vegetation during the day (Palis and Means 2005, p. 608) as protection from predators. Thus, an abundant herbaceous community in these ponds is important for cover. Generally, flatwoods salamander breeding pond and upland habitats are separated by an ecotone (area of transitional habitat) through which salamanders must move during pre- and post-breeding events (Palis 1997, p. 58). The graminaceous (grass-like) ecotone represents a distinct habitat type and studies of migratory success in salamanders have demonstrated its importance to population survival (Rothermel 2004, pp. 1544-1545). Post-larval and adult flatwoods salamanders occupy upland flatwoods sites where they live underground in crayfish burrows, root channels, or burrows of their own making (Goin 1950, p. 311; Neill 1951, p. 765; Mount 1975, pp. 98-99; Ashton and Ashton 2005, pp. 63, 65, 68-71). The occurrence of these below-ground habitats is dependent upon protection of the soil structure within flatwoods salamander terrestrial sites. Sites for Breeding, Reproduction, and Rearing of Offspring Adult flatwoods salamanders move from the uplands to breed in ponds that are typically acidic, tannin-stained, isolated, ephemeral wetlands (marsh-like depressions) (Palis 1997, p. 53, 58; Safer 2001, p. 5, 12). Breeding occurs from late September to December when ponds flood due to rainy weather associated with cold fronts. If rainfall is insufficient to result in adequate pond flooding, breeding may not occur or, if larvae do develop, they may die before metamorphosis. Egg development from deposition to hatching occurs in approximately 2 weeks, but eggs do not hatch until they are inundated (Palis 1995, p. 352, 353). Larval salamanders usually metamorphose in March or April after an 11-to-18-week larval period (Palis 1995, p. 352). Ponds dry shortly thereafter. A cycle of filling and drying is essential for maintaining the appropriate habitat conditions of these wetlands. The overstory within breeding ponds is typically dominated by pond cypress ( *Taxodium ascendens* [= *T. distichum* var. * imbricarium;* Lickey and Walker 2002, p. 131)], blackgum ( *Nyssa sylvatica* var. *biflora* ), and slash pine (Palis 1997, p. 58, 59). An open midstory is often present as well and dominant species include the myrtle-leaved holly ( *Illex myrtifolia* ) and other shrubs and small trees (Palis 1997, p. 58, 59). When they are dry, breeding ponds burn naturally due to periodic wildfires, especially during late spring and summer. Depending on canopy closure and midstory, the herbaceous groundcover of breeding sites can vary considerably (Palis 1997, p. 58, 59). However, flatwoods salamander larvae are typically found in those portions of breeding sites containing abundant herbaceous vegetation. The ground cover is dominated by graminaceous species. The floor of breeding sites generally consists of relatively firm mud with little or no peat. Burrows of crayfish (genus *Procambarus,* principally) are a common feature of flatwoods salamander breeding sites. Breeding sites are typically encircled by a bunchgrass (wiregrass or dropseed)—dominated graminaceous ecotone (see discussion of ecotone, above). Small fish, such as pygmy sunfishes ( *Elassoma* spp.), mosquitofish ( *Gambusia holbrookii* ), and banded sunfish ( *Enneacanthus obesus* ) may be present, but large predaceous species are absent (Palis 1997, p. 58, 60). Primary Constituent Elements for the Flatwoods Salamander Pursuant to our regulations, we are required to identify the known physical and biological features essential to the conservation of the flatwoods salamander (PCEs). Based on our current knowledge of the life history, biology, and ecology of the species and the requirements of the habitat to sustain the essential life history functions of the species, we have determined that the flatwoods salamander's PCEs are: 1. *Breeding habitat.* Small (generally <1 to 10 acres
(ac)(<0.4 to 4.0 hectares (ha)), acidic, depressional standing bodies of freshwater (wetlands) that:
(a)are seasonally flooded by rainfall in late fall or early winter and dry in late spring or early summer;
(b)are geographically isolated from other water bodies;
(c)occur within pine-flatwoods/savanna communities;
(d)are dominated by grasses and grass-like species in the ground layer and overstories of pond cypress, blackgum, and slash pine.
(e)have a relatively open canopy, necessary to maintain the herbaceous component which serves as cover for flatwoods salamander larvae and their aquatic invertebrate prey; and
(f)typically have a burrowing crayfish fauna, but, due to periodic drying, the breeding ponds typically lack large, predatory fish (e.g., *Lepomis* (sunfish), *Micropterus* (bass), *Amia calva* (bowfin)). 2. *Non-breeding habitat.* Upland pine flatwoods/savanna habitat that is open, mesic woodland maintained by frequent fires and that:
(a)is within 1,500 ft (457 m) of adjacent and accessible breeding ponds;
(b)contains crayfish burrows or other underground habitat that the flatwoods salamander depends upon for food, shelter, and protection from the elements and predation;
(c)has an organic hardpan in the soil profile, which inhibits subsurface water penetration and typically results in moist soils with water often at or near the surface under normal conditions; and
(d)often has wiregrasses as the dominant grasses in the abundant herbaceous ground cover, which supports the rich herbivorous invertebrates that serve as a food source for the flatwoods salamander. 3. *Dispersal habitat.* Upland habitat areas between non-breeding and breeding habitat that allows for salamander movement between such sites and that is characterized by:
(a)a mix of vegetation types representing a transition between wetland and upland vegetation (ecotone);
(b)an open canopy and abundant native herbaceous species; and
(c)moist soils as described in PCE 2, and underground structure, such as deep litter cover or burrows that provide shelter for salamanders during seasonal movements. This proposed designation is designed for the conservation of those areas containing PCEs necessary to support the life history functions that were the basis for the proposal. Each of the areas proposed as critical habitat in this rule have been determined to contain all PCEs of the flatwoods salamander. Criteria Used To Identify Critical Habitat As required by section 4(b)(1)(A) of the Act, we used the best scientific data available in determining areas that contain the features that are essential to the conservation of the flatwoods salamander. This includes information from the proposed listing rule (62 FR 65787), final listing rule (64 FR 15691), site visits, soil and species map coverages, and data compiled in the Florida, Georgia, and South Carolina Natural Heritage databases. We propose to designate no areas outside the geographical area presently occupied by the species. We have also reviewed available information that pertains to the habitat requirements of this species. This material included data in reports submitted by biologists holding section 10(a)(1)(A) permits; research published in peer-reviewed scientific publications; museum records, technical reports and unpublished field observations by Service, State, and other experienced biologists; management plans written by State biologists; State grant reports; additional notes and communications with qualified biologists or experts; and regional GIS coverages. In proposing to designate critical habitat for the flatwoods salamander, we selected areas occupied at the time of listing based on the best scientific data available that possess those physical and biological features essential to the conservation of the species that may require special management considerations or protection. In addition, we included two areas subsequently identified as occupied and essential to the conservation of the species. We found that the two newer (post-listing) occurrence records were in close proximity to areas already known to support the flatwoods salamander. We identified proposed critical habitat units that were occupied at the time of listing based on:
(1)Presence of the defined PCEs;
(2)density of flatwoods salamander occurrences; and
(3)kind, amount, and quality of habitat associated with those occurrences. We identified proposed critical habitat units that were not occupied at the time of listing based on:
(1)Density of flatwoods salamander occurrences;
(2)kind, amount, and quality of habitat associated with those occurrences; and
(3)a determination that these areas are essential to the conservation of the species. According to Ashton (1992), flatwoods salamanders have been documented up to 5,576 ft (1,700 m) from breeding ponds. However, in the final listing rule, we determined that a radius of 1,476 ft (450 m) from the wetland edge would protect the majority of the salamander population (U.S. Fish and Wildlife Service 1999, p. 15697). Thus, the radius of 450 m was used to delineate critical habitat boundaries around breeding ponds, and proposed critical habitat areas separated by over 450 m were considered separate units or subunits. We considered the following criteria in the selection of areas that contain the essential features for the flatwoods salamander and focused on designating units:
(1)Throughout the current geographic and ecological distribution of the species;
(2)that retain or provide for connectivity between breeding sites that allows for the continued existence of viable and essential metapopulations (populations at individual ponds that interbreed over time), despite fluctuations in the status of subpopulations;
(3)that possess large continuous blocks of occupied habitat, representing source populations and/or unique ecological characteristics; and
(4)that contain sufficient upland habitat around each breeding location to allow for sufficient survival and recruitment to maintain a breeding population over the long term. The lands proposed as critical habitat collectively contain small, and in some cases, isolated, populations of the species. These small populations are at a high risk of extinction due to stochastic events and human-induced threats such as urban/agricultural development and habitat degradation due to fire suppression and hydrological alterations. Thus, we believe all lands proposed as critical habitat are essential for the persistence and conservation of the flatwoods salamander and meet the criteria as set forth above. We used the final listing rule to establish those areas occupied at the time of listing. All other areas proposed for critical habitat designation were based on occupancy data collected since listing. The currently occupied habitat of the flatwoods salamander is highly localized and fragmented. Due to several drought events, post-listing observations of salamanders have been made at breeding ponds in only a small portion of their occupied range and no population estimates are currently available. As with many rare species, especially pond-breeding amphibians with fossorial adult life stages, detection probabilities are low even in “normal” weather years (Bailey *et al.* 2004, p. 2463-2464). Flatwoods salamanders are particularly susceptible to drought, as breeding cannot occur if breeding ponds do not receive adequate rainfall. We know that isolated populations, including those of the flatwoods salamander, are highly susceptible to stochastic events. Thus, we have determined that all but one of the areas occupied at the time of listing contain the features essential to the conservation of the species and that the two units occupied since the time of listing are essential to the conservation of the species. All occurrence records for sites currently known to be occupied, typically a breeding pond, were initially plotted on maps using ArcMap (Environmental Systems Research Institute, Inc.), a computer GIS program. The critical habitat units were then delineated by creating approximate areas for the units by screen-digitizing polygons (map units) using ArcMap. For ease of application in creating polygons, the original 1,476 ft (450 m) radius estimate used to generate the habitat occupied by a flatwoods salamander population was rounded up to 1,500 ft (457 m). Polygons were created by overlaying the flatwoods salamander occurrence locations, extant-at-time-of-listing and subsequent-to-listing, with radius buffers of 1,500 ft (457 m). The area circumscribed by a circle of this radius would be 162 ac (66 ha) and this area was used as a starting point to delineate the amount of wetland and upland habitat occupied by salamanders at each occurrence and containing the features essential to their conservation (PCEs). Once the polygons were completed, they were overlaid on aerial photography. The aerial photography was analyzed to verify the occurrence of PCEs and their distribution within the polygons. Research on ambystomatid salamanders indicates that they need high terrestrial survival or immigration to persist (Taylor *et al.* 2005, p. 799). Thus, a flatwoods salamander population requires a sufficient amount of terrestrial habitat to ensure survival of adults in upland habitat, or immigration of juveniles to the population is needed from nearby breeding ponds. For this reason, if metapopulation structure was indicated by polygons which overlapped or were in immediate proximity to each other, polygons were combined to create areas containing multiple ponds connected to each other by upland habitat corridors. Additionally, we adjusted individual unit boundaries based on presence or absence of the PCEs. When determining proposed critical habitat boundaries, we made every effort to avoid including developed areas such as buildings, paved areas, and other structures that lack PCEs for the flatwoods salamander. The scale of the maps prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed areas. However, any such structures and the land under them inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. Therefore, Federal actions limited to these areas would not trigger section 7 consultation, unless they affect the species or primary constituent elements in adjacent critical habitat. We are proposing to designate critical habitat on lands that we have determined were occupied at the time of listing and that contain sufficient PCEs to support life history functions essential for the conservation of the species. In addition we are proposing to designate two areas that were not known to be occupied at the time of listing (they occur within the same geographical area and were discovered after 1999), and have been determined to be essential to the conservation of the species. All lands proposed for designation contain all PCEs and support multiple flatwoods salamander life processes. Section 10(a)(1)(B) of the Act authorizes us to issue permits for the take of listed species incidental to otherwise lawful activities. An incidental take permit application must be supported by a habitat conservation plan
(HCP)that identifies conservation measures that the permittee agrees to implement to minimize and mitigate the impacts on the species by the requested incidental take. We often exclude non-Federal public lands and private lands that are covered by an existing operative HCP from designated critical habitat because the benefits of exclusion outweigh the benefits of inclusion as discussed in section 4(b)(2) of the Act. Currently, there are no existing or proposed HCPs for the flatwoods salamander, and as a result no exclusions are being proposed based on such an analysis. Special Management Considerations or Protections When designating critical habitat, we assess whether the areas determined to be occupied at the time of listing and contain the primary constituent elements that may require special management considerations or protections. Threats to those features that define the primary constituent elements for the flatwoods salamander include the direct and indirect impacts of land use conversions, primarily urban development and conversion to agriculture and pine plantations; stump removal and other soil-disturbing activities which destroy the below-ground structure within forest soils; fire suppression and low fire frequencies; wetland destruction and degradation; and stochastic effects of drought or floods. Specific details regarding these threats can be found in the proposed listing rule (62 FR 65787) and final listing rule (64 FR 15691). Due to one or more of the threats described above, and as discussed in more detail in the individual unit descriptions below, we find that all areas known to be occupied at the time of listing that we are proposing for designation as critical habitat contain PCEs that may require special management considerations or protections to ensure the conservation of the flatwoods salamander. Proposed Critical Habitat Designation We are proposing 16 flatwoods salamander critical habitat units, some of which are divided into subunits (for a total 45 units/subunits). The critical habitat units described below constitute our best current assessment of areas determined to be occupied at the time of listing containing the primary constituent elements that may require special management, and those additional areas that were not known to be occupied at the time of listing but were found to be essential to the conservation of the flatwoods salamander. Table 1.—Proposed Critical Habitat Units Occupied at the Time of Listing, Currently Occupied But Were Not Known To Be Occupied at the Time of Listing, or Unoccupied Unit Occupied at time of listing Currently occupied (but not known to be occupied at the time of listing) Unoccupied Florida Units FL-1, Subunit A X FL-1, Subunit B X FL-2, Subunit A X FL-2, Subunit B X FL-3, Subunit A X FL-3, Subunit B X FL-3, Subunit C X FL-4 X FL-5, Subunit A X FL-5, Subunit B X FL-6, Subunit A X FL-6, Subunit B X FL-6, Subunit B X FL-7, Subunit A X FL-7, Subunit B X FL-7, Subunit C X FL-8, Subunit A X FL-8, Subunit B X FL-8, Subunit C X FL-9, Subunit A X FL-9, Subunit B X FL-9, Subunit C X FL-9, Subunit D X FL-9, Subunit E X FL-9, Subunit F X FL-9, Subunit G X FL-9, Subunit H X FL-9, Subunit I X FL-9, Subunit J X FL-9, Subunit K X FL-10 X FL-11, Subunit A X FL-11, Subunit B X FL-11, Subunit C X FL-11, Subunit D X FL-11, Subunit E X FL-12, Subunit A X FL-12, Subunit B X Georgia Units GA-1, Subunit A X GA-1, Subunit B X GA-1, Subunit C X South Carolina Units SC-1 X SC-2 X SC-3 X SC-4 X The total area with features essential to the conservation of the flatwoods salamander and other areas essential for the species' conservation is 43,202 ac (17, 484 ha). Of this, 31,428 ac (12,719 ha) are being proposed for critical habitat. The total area not proposed for critical habitat is 11,774 ac (4,765 ha). This includes 9,867 ac (3,993 ha) of Department of Defense
(DoD)lands with INRMPs exempted under section 4(a)(3), and approximately 1,907 ac of land within St. Marks National Wildlife Refuge which do not meet the definition of critical habitat under section 3(5)(A). Table 2 below provides the approximate area (ac/ha) determined to meet the definition of critical habitat for the flatwoods salamander and area (ac/ha) being exempted from or not included in the final critical habitat designation, by State. Table 2.—Area (in ac/ha) Determined To Meet the Definition of Critical Habitat for the Flatwoods Salamander Containing the PCEs That May Require Special Management (Definitional Area) and Area Being Exempted From or Not Included in the Final Critical Habitat Designation (Area Not Included in Proposed Designation), by State State Definitional area (ac/ha) Area not included in proposed designation (ac/ha) Florida 29,689 ac (12,015 ha) 6,491 ac (2,627 ha). Georgia 609 ac (247 ha) 5,283 ac (2,138 ha). South Carolina 1,130 ac (457 ha) Totals 31,428 ac (12,719 ha) 11,774 ac (4,765 ha). The approximate area (ac/ha) encompassed within each proposed critical habitat unit is shown in Table 3. Table 3.—Critical Habitat Units Proposed for the Flatwoods Salamander (Area Estimates Reflect All Land Within Critical Habitat Unit Boundaries) Unit Federal ac
(ha)State ac
(ha)Local ac
(ha)Private ac
(ha)Total ac
(ha)Florida Units FL-1, Subunit A 180 ac (73 ha) 4 ac (2 ha) 6 ac (2 ha) 190 ac (77 ha). FL-1, Subunit B 133 ac (54 ha) 29 ac (12 ha) 162 ac (66 ha). FL-2, Subunit A 162 ac (66 ha) 162 ac (66 ha). FL-2, Subunit B 32 ac (13 ha) 131 ac (53 ha) 163 ac (66 ha). FL-3, Subunit A 148 ac (60 ha) 148 ac (60 ha). FL-3, Subunit B 26 ac (11 ha) 42 ac (17 ha) 68 ac (28 ha). FL-3, Subunit C 13 ac (5 ha) 165 ac (67 ha) 178 ac (72 ha). FL-4 162 ac (66 ha) 162 ac (66 ha). FL-5, Subunit A 213 ac (86 ha) 213 ac (86 ha). FL-5, Subunit B 162 ac (66 ha) 162 ac (66 ha). FL-6, Subunit A 162 ac (66 ha) 162 ac (66 ha). FL-6, Subunit B 14 ac (6 ha) 148 ac (60 ha) 162 ac (66 ha). FL-6, Subunit C 165 ac (67 ha) 165 ac (67 ha). FL-7, Subunit A 157 ac (64 ha) 157 ac (64 ha). FL-7, Subunit B 358 ac (145 ha) 358 ac (145 ha). FL-7, Subunit C 244 ac (99 ha) 244 ac (99 ha). FL-8, Subunit A 162 ac (66 ha) 162 ac (66 ha). FL-8, Subunit B 162 ac (66 ha) 162 ac (66 ha). FL-8, Subunit C 162 ac (66 ha) 162 ac (66 ha). FL-9, Subunit A 162 ac (66 ha) 162 ac (66 ha). FL-9, Subunit B 2,846 ac (1,152 ha) 511 ac (207 ha) 3,357 ac (1,359 ha). FL-9, Subunit C 1,084 ac (439 ha) 32 ac (13 ha) 1,116 ac (452 ha). FL-9, Subunit D 333 ac (135 ha) 333 ac (135 ha). FL-9, Subunit E 1739 ac (704 ha) 51 ac (21 ha) 1,790 ac (725 ha). FL-9, Subunit F 4,969 ac (2,011 ha) 231 ac (94 ha) 5,200 ac (2,105 ha). FL-9, Subunit G 258 ac (104 ha) 258 ac (104 ha). FL-9, Subunit H 8,176 ac (3,309 ha) 305 ac (123 ha) 8,481 ac (3,432 ha). FL-9, Subunit I 1,209 ac (489 ha) 46 ac (19 ha) 1,255 ac (508 ha). FL-9, Subunit J 312 ac (126 ha) 312 ac (126 ha). FL-9, Subunit K 802 ac (325 ha) 7 ac (3 ha) 809 ac (328 ha). FL-10 162 ac (66 ha) 162 ac (66 ha). FL-11, Subunit A 919 ac (372 ha) 919 ac (372 ha). FL-11, Subunit B 162 ac (66 ha) 162 ac (66 ha). FL-11, Subunit C 435 ac (176 ha) 435 ac (176 ha). FL-11, Subunit D 162 ac (66 ha) 162 ac (66 ha). FL-11, Subunit E 85 ac (34 ha) 78 ac (32 ha) 163 ac (66 ha). FL-12, Subunit A 1,109 ac (449 ha) 1,109 ac (449 ha). FL-12, Subunit B 162 ac (66 ha) 162 ac (66 ha). Georgia Units GA-1, Subunit A 163 ac (66 ha) 163 ac (66 ha). GA-1, Subunit A 269 ac (109 ha) 269 ac (109 ha). GA-1, Subunit C 177 ac (72 ha) 177 ac (72 ha). South Carolina Units SC-1 163 ac (66 ha) 163 ac (66 ha). SC-2 183 ac (74 ha) 183 ac (74 ha). SC-3 622 ac (252 ha) 622 ac (252 ha). SC-4 162 ac (66 ha) 162 ac (66 ha). Totals 23,459 ac (9,494 ha) 1,138 ac (461 ha) 43 ac (17 ha) 6,788 ac (2,747 ha) 31,428 ac (12,719 ha). We present below brief descriptions of all units, and reasons why they meet the definition of critical habitat for the flatwoods salamander, including reasons why these PCEs require special management considerations or protections. Generally, the units are listed in order geographically west to east and south to north. The precise boundaries of each unit are described below as UTM coordinates (see Proposed Regulation Promulgation section). Florida Critical Habitat Units
(FL)There are 12 Florida units, some of which are further subdivided into subunits (for a total of 38 units/subunits), comprising 29,689 ac (12,015 ha) across 11 counties of Florida. All units/subunits meet the definition of critical habitat based on the discussion above and all units contain all PCEs or for those units not occupied at listing, are essential to the conservation of the species. Of these, 36 units/subunits (28,122 ac (11,381 ha)) were known to be occupied at the time of listing and are currently occupied and two subunits (FL-9, Subunit I and FL-9, Subunit J), comprising 1,567 ac (634 ha), were not known to be occupied at the time of listing, but are currently occupied. The two subunits found to be occupied since listing are essential for the conservation of the species as they exist as part of a matrix of ponds within and adjacent to the Apalachicola National Forest, and their loss would negatively affect the long-term survival of this metapopulation, which is the largest existing metapopulation and is vital to the recovery of the species. The western- and southern-most known occurrences of the flatwoods salamander are represented by populations in Florida. Unit FL-1 Unit FL-1 is comprised of two subunits totaling 352 ac (143 ha) on Garcon Point in Santa Rosa County, Florida. Within FL-1, 180 acres (73 ha) consist of State land in the Garcon Point Water Management Area managed by the Northwest Florida Water Management District (NWFLWMD), 133 ac (54 ha) are on the Yellow River Marsh State Buffer Preserve (managed in part by the State of Florida/Department of Environmental Protection), 35 ac (14 ha) are in private ownership, and 4 ac (2 ha) are owned by the Santa Rosa Bay Bridge Authority. Unit FL-1, Subunit A Unit FL-1, Subunit A encompasses 190 ac (77 ha) on Garcon Point in Santa Rosa County, Florida. Garcon Point is a peninsula that extends into an embayment of the Gulf of Mexico near Pensacola, Florida. Within this unit, 180 acres (73 ha) consist of State land in the Garcon Point Water Management Area managed by the Northwest Florida Water Management District (NWFLWMD), 6 ac (2 ha) are in private ownership, and 4 ac (2 ha) are owned by the Santa Rosa Bay Bridge Authority. This currently occupied unit is located adjacent to Hwy. 191 within an extensive wet prairie. Since the majority of this currently occupied unit is owned by NWFLWMD, it is likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression and potential hydrologic changes resulting from the adjacent highway that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Ditches associated with highways can drain water from a site and result in ponds with shorter hydroperiods and drier terrestrial habitat. Alternatively, ditches can connect isolated wetlands with permanent water sites that increase the hydroperiod of ponds and facilitate the introduction of predaceous fish into breeding ponds. In addition, run-off from highways can introduce toxic chemicals into breeding sites. Subunit B Unit FL-1, Subunit B encompasses 162 ac (66 ha) in Santa Rosa County, Florida. Within this unit, 133 ac (54 ha) are on the Yellow River Marsh State Buffer Preserve (managed in part by the State of Florida/Department of Environmental Protection) and 29 ac (12 ha) are on private land. This currently occupied unit is also on Garcon Point, northeast of Subunit A. This area is bisected by Hwy. 191 which crosses an extensive wet prairie. Areas of this unit owned by the State of Florida are likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression and potential hydrologic changes resulting from highways or other actions that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit FL-2 Unit FL-2 is comprised of two subunits encompassing 325 acres (132 ha) in Santa Rosa County, Florida. Within FL-2, there are 32 ac (13 ha) on State land managed by NWFLWMD and 293 acres (119 ha) are in private ownership. Subunit A Unit FL-2, Subunit A encompasses 162 acres (66 ha) on private land in Santa Rosa County, Florida. This currently occupied unit is located northeast of Milton, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include potential detrimental alterations in forestry practices that could destroy the below-ground soils structure, potential hydrological alterations to the habitat, and the potential for fire suppression. Subunit B Unit FL-2, Subunit B encompasses 163 ac (66 ha) in Santa Rosa County, Florida. Within this unit, there are 32 ac (13 ha) on State land managed by NWFLWMD and 131 acres (53 ha) on private land. This currently occupied unit is located south of Interstate 10 and near the Santa Rosa/Okaloosa County border. A small county road bisects the unit and a powerline crosses the eastern edge of the breeding pond. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from the road and powerline that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit FL-3 Unit FL-3 is comprised of three subunits encompassing 394 acres (178 ha) in Santa Rosa County, Florida. Within FL-3, 355 ac (144 ha) are on private land, 26 ac (11 ha) are on property owned by the Santa Rosa County School Board, and 13 ac (5 ha) are owned by Santa Rosa County. Subunit A Unit FL-3, Subunit A encompasses 148 acres (60 ha) on private land in Santa Rosa County, Florida. This currently occupied unit is located near a rapidly developing section of Hwy. 98 between Navarre and Gulf Breeze, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soils structure, potential hydrologic changes resulting from the highway that could alter the ecology of the breeding pond and surrounding terrestrial habitat, and potential habitat destruction due to urban and commercial development nearby. Subunit B Unit FL-3, Subunit B encompasses 68 ac (28 ha) in Santa Rosa County, Florida. Within this unit, 42 ac (17 ha) are on private land and 26 ac (11 ha) are on property owned by the Santa Rosa County School Board. This currently occupied unit is located near a rapidly developing section of Hwy. 98 between Navarre and Gulf Breeze, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soils structure, potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat, and future habitat destruction due to urban and commercial development. Subunit C Unit FL-3, Subunit C encompasses 178 ac (72 ha) in Santa Rosa County, Florida. Within this unit, 165 ac (67 ha) are on private land and 13 ac (5 ha) are owned by Santa Rosa County. This currently occupied unit is located near a rapidly developing section of Hwy. 98 east of Navarre, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soils structure, potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat, and future habitat destruction due to urban and commercial development. Unit FL-4 Unit FL-4 encompasses 162 ac (66 ha) on the Point Washington State Forest (managed by the State of Florida/Division of Forestry), Walton County, Florida. Since the lands located in this unit are owned by the State of Florida, they are likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression and potential detrimental alterations in forestry practices that could destroy the below-ground soil structure. Unit FL-5 Unit FL-5 is comprised of two subunits encompassing 375 ac (152 ha) in Walton and Washington Counties, Florida. Within FL-5, 213 ac (86 ha) on private land in Walton County, Florida, and 162 ac (66 ha) are located on Pine Log State Forest (managed by the state of Florida/Division of Forestry) in Washington County, Florida. Subunit A Unit FL-5, Subunit A encompasses 213 ac (86 ha) on private land in Walton County, Florida. This currently occupied unit is bisected by Hwy. 81 near Bruce, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit FL-5, Subunit B encompasses 162 ac (66 ha) on Pine Log State Forest (managed by the State of Florida/Division of Forestry) in Washington County, Florida. Since the lands located in this unit are owned by the State of Florida, they are likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression and potential detrimental alterations in forestry practices that could destroy the below-ground soil structure. Unit FL-6 Unit FL-6 is comprised of three subunits encompassing 489 ac (199 ha) on private land in Holmes and Washington Counties, Florida. Subunit A Unit FL-6, Subunit A encompasses 162 ac (66 ha) on private land in Holmes County, Florida. This currently occupied unit is located just west of Hwy. 173 and approximately 5.5 mi (8.8 km) north of Bonifay, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential expansion of agriculture into the unit, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit FL-6, Subunit B encompasses 162 ac (66 ha) in Washington County, Florida. Within this unit, 14 ac (6 ha) occur on the Pine Log State Forest (managed by the State of Florida/Division of Forestry) and 148 ac (60 ha) on private land. This currently occupied unit is located just south of Hwy. 170 and approximately 3.5 mi (5.6 km) west of Vernon, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit C Unit FL-6, Subunit C encompasses 165 ac (67 ha) on private land in Washington County, Florida. This currently occupied unit is located just south of Hwy. 278 and approximately 4 mi (6.4 km) west of Vernon, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit FL-7 Unit FL-7 is comprised of three subunits encompassing 759 ac (308 ha) on private land in Jackson County, Florida. Subunit A Unit FL-7, Subunit A encompasses 157 ac (64 ha) on private land in western Jackson County, Florida near the Jackson/Washington County line. This currently occupied unit is located just south of Hwy. 90 and east of Hwy. 195 approximately 10 mi (16 km) west of Mariana, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential expansion of agriculture and residential development into the unit, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit FL-7, Subunit B encompasses 358 ac (145 ha) on private land in Jackson County, Florida. This currently occupied unit is located just east of Hwy. 71 and south of Hwy. 90, between Old Spanish Trail and the CSX railroad. This locality is approximately 4 mi (6.4 km) southeast of Marianna, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential expansion of agriculture and residential development into the unit, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit C Unit FL-7, Subunit C encompasses 244 acres (99 ha) on private land in Jackson County, Florida. This currently occupied unit is bisected by Hwy. 275, south of Interstate 10 near Wolf Slough. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential expansion of agriculture and residential development into the unit, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit FL-8 Unit FL-8 is comprised of three subunits encompassing 486 acres (198 ha) on private land in Calhoun County, Florida. Subunit A Unit FL-8, Subunit A encompasses 162 acres (66 ha) on private land in Calhoun County, Florida. This currently occupied unit is bisected by a county road in the vicinity of Broad Branch and is on the south side of Hwy. 392 (Youngstown Scotts Ferry Road) approximately 4 mi (6.4 km) west of Kinard, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit FL-8, Subunit B encompasses 162 acres (66 ha) on private land in Calhoun County, Florida. This currently occupied unit is bisected by a county road and is approximately 5 mi (8 km) south of Hwy. 71 at Scotts Ferry, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit C Unit FL-8, Subunit C encompasses 162 acres (66 ha) on private land in Calhoun County, Florida. This currently occupied unit is bisected by a county road and is approximately 3 mi (4.8 km) south of Hwy. 71 at Scotts Ferry, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit FL-9 Unit FL-9 is comprised of 11 subunits encompassing 23,073 ac (9,338 ha) in Liberty and Franklin Counties, Florida. Most of the subunits are comprised primarily of U. S. Forest Service land lying within the Apalachicola National Forest. Subunit A Unit FL-9, Subunit A encompasses 162 acres (66 ha) on private land in Liberty County, Florida. This currently occupied unit is east of Hwy. 12 near Estiffanulga, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential urban and agricultural development, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunits B Through K Subunits B through K are comprised primarily of U. S. Forest Service land lying within the Apalachicola National Forest in Liberty and Franklin counties, Florida. The combined acreage of these currently occupied units is 22,911 ac (9,272 ha). Within the units, 21,728 ac (8,793 ha) are in the Apalachicola National Forest, 46 ac (19 ha) are under State management, and 1,137 ac (460 ha) are in private ownership. Lands within these units owned by the U.S. Forest Service are likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. These subunits require special management to address threats including the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit FL-9, Subunit B encompasses 3,357 ac (1, 359 ha). Within this unit, 2,846 ac (1,152 ha) are in the Apalachicola National Forest and 511 ac (207 ha) are in private ownership. Subunit C Unit FL-9, Subunit C encompasses 1,116 ac (452 ha). Within this unit, 1,084 ac (439 ha) are in the Apalachicola National Forest and 32 ac (13 ha) are in private ownership. Subunit D Unit FL-9, Subunit D encompasses 333 ac (135 ha). All of this unit is within the Apalachicola National Forest. Subunit E Unit FL-9, Subunit E encompasses 1,790 ac (725 ha). Within this unit, 1,739 ac (704 ha) are in the Apalachicola National Forest and 51 ac (21 ha) are in private ownership. Subunit F Unit FL-9, Subunit F encompasses 5,200 ac (2,105 ha). Within this unit, 4,969 ac (2,011 ha) are in the Apalachicola National Forest and 231 ac (94 ha) are in private ownership. Subunit G Unit FL-9, Subunit G encompasses 258 ac (104 ha). All of this unit is within the Apalachicola National Forest. Subunit H Unit FL-9, Subunit H encompasses 8,481 ac (3,432 ha). Within this unit, 8,176 ac (3,309 ha) are in the Apalachicola National Forest and 305 ac (123 ha) are in private ownership. Subunit I Unit FL-9, Subunit I encompasses 1,255 ac (508 ha). Within this unit, 1,209 ac (489 ha) are in the Apalachicola National Forest and 46 ac (19 ha) are under State management. This unit was not known to be occupied at the time of listing, but is currently occupied. It is considered essential habitat for the flatwoods salamander. The currently occupied habitat of the flatwoods salamander is highly localized and fragmented. Flatwoods salamanders are particularly susceptible to drought, as breeding cannot occur if breeding ponds do not receive adequate rainfall. These small populations are at a high risk of extinction due to stochastic events such as drought, and human-induced threats such as urban/agricultural development and habitat degradation due to fire suppression and hydrological alterations. Thus, to ensure the persistence and conservation of this species throughout its current geographic and ecological distribution despite fluctuations in the status of subpopulations, we have determined that the two units known to be occupied since the time of listing are essential to the conservation of the species. Subunit J Unit FL-9, Subunit J encompasses 312 ac (126 ha). All of this unit is within the Apalachicola National Forest. This unit was not known to be occupied at the time of listing, but is currently occupied. It is considered essential habitat for the flatwoods salamander. The currently occupied habitat of the flatwoods salamander is highly localized and fragmented. Flatwoods salamanders are particularly susceptible to drought, as breeding cannot occur if breeding ponds do not receive adequate rainfall. These small populations are at a high risk of extinction due to stochastic events such as drought, and human-induced threats such as urban/agricultural development and habitat degradation due to fire suppression and hydrological alterations. Thus, to ensure the persistence and conservation of this species throughout its current geographic and ecological distribution despite fluctuations in the status of subpopulations, we have determined that the two units known to be occupied since the time of listing are essential to the conservation of the species. Subunit K Unit FL-9, Subunit K encompasses 809 ac (328 ha). Within this unit, 802 ac (325 ha) are in the Apalachicola National Forest and 7 ac (3 ha) are in private ownership. Unit FL-10 Unit FL-10 encompasses 162 ac (66 ha) on Tate's Hell State Forest (managed by the State of Florida's Division of Forestry) in Franklin County, Florida. Since this unit is owned by the State of Florida, it is likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit FL-11 Unit FL-11 is comprised of five subunits encompassing 1,841 ac (746 ha) in Wakulla and Jefferson Counties, Florida. Subunit A Unit FL-11, Subunit A encompasses 919 ac (372 ha) on private land/Flint Rock Wildlife Management Area (managed by private entity at this time) in Wakulla County, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit FL-11, Subunit B encompasses 162 ac (66 ha) on private land/Flint Rock Wildlife Management Area (managed by private entity at this time) in Wakulla County, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit C Unit FL-11, Subunit C encompasses 435 ac (176 ha) on private land/Flint Rock Wildlife Management Area (managed by private entity at this time) in Wakulla and Jefferson counties, Florida. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit D Unit FL-11, Subunit D encompasses 162 ac (66 ha) on private land in Jefferson County, Florida. This currently occupied unit is approximately 1.7 mi (2.7 km) south of U.S. Hwy. 98 and approximately 1.3 mi (2.1 km) east of the Jefferson/Wakulla County line. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit E Unit FL-11, Subunit E encompasses 163 ac (66 ha) in Jefferson County, Florida. Within this unit, 85 ac (34 ha) are in the Aucilla Wildlife Management Area managed by the State of Florida and 78 ac (32 ha) are in private ownership. This currently occupied unit is bisected by State Hwy. 59, 5.3 mi (8.4 km) north of U.S. Hwy. 98 approximately 2 mi (3.2 km) east of the Jefferson/Wakulla County line. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit FL-12 Unit FL-12 is comprised of two subunits encompassing 1,109 ac (449 ha) on Osceola NF and 162 ac (66 ha) in private ownership both in Baker County, Florida. Subunit A Unit FL-12, Subunit A encompasses 1,109 ac (449 ha) on Osceola National Forest in Baker County, Florida. This currently occupied unit is located adjacent and south of Interstate 10 in the southwestern corner of Baker County between state highway 250 and 229. Since it is owned by the U.S. Forest Service, it is likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit FL-12, Subunit B encompasses 162 ac (66 ha) on private land in Baker County, Florida. This currently occupied unit occurs approximately 2 mi (3.2 km) south of Hwy. 229 and 3.5 mi (5.6 km) north of Interstate 10. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Georgia Critical Habitat Units
(GA)There is one Georgia unit, divided into three subunits encompassing 609 ac (247 ha) across two counties of Georgia. All subunits meet the definition of critical habitat based on the discussion above and all units contain all PCEs. All subunits were known to be occupied at the time of listing and are currently occupied. Unit GA-1 Unit GA-1 encompasses 609 ac (247 ha) in Miller and Baker Counties, Georgia. Within this unit 163 ac (66 ha) are located on Mayhaw Wildlife Management Area (managed by the State of Georgia) in Miller County, Georgia, 269 ac (109 ha) are located on private land adjacent to State Highway 200 in southwestern Baker County, Georgia, and 177 ac (72 ha) are located on private land south of State Highway 200 in southwestern Baker County, Georgia. Subunit A Unit GA-1, Subunit A encompasses 163 ac (66 ha) on Mayhaw Wildlife Management Area (managed by the State of Georgia) in Miller County, Georgia. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit B Unit GA-1, Subunit B encompasses 269 ac (109 ha) on private land adjacent to State Highway 200 in southwestern Baker County, Georgia. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Subunit C Unit GA-1, Subunit C encompasses 177 ac (72 ha) on private land south of State Highway 200 in southwestern Baker County, Georgia. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. South Carolina Critical Habitat Units
(SC)There are four South Carolina units encompassing 1,130 ac (457 ha) across three counties of South Carolina. All units meet the definition of critical habitat based on the discussion above and all units contain all PCEs. All units were known to be occupied at the time of listing and are currently occupied. The northern-most known occurrences of the flatwoods salamander are represented by populations in South Carolina. Unit SC-1 Unit SC-1 encompasses 163 ac (66 ha) on private land in Jasper County, South Carolina. This currently occupied unit is bisected by Hwy. 46 and occurs near a rapidly developing area of Jasper County. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soils structure, potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat, and future habitat destruction due to urban and commercial development. Unit SC-2 Unit SC-2 encompasses 183 acres (74 ha) on private land in Jasper County, South Carolina. This currently occupied unit is bisected by County Road 31, approximately 1 mi (1.6 km) from U.S. Hwy. 321 at Hardeeville, South Carolina. Threats to the flatwoods salamander and its habitat that may require special management of the PCEs include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soils structure, potential hydrologic changes resulting from adjacent roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat, and future habitat destruction due to urban and commercial development. Unit SC-3 Unit SC-3 encompasses 622 ac (252 ha) on Francis Marion National Forest in Berkeley County, South Carolina. Land within this unit is owned by the U.S. Forest Service and is likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Unit SC-4 Unit SC-4 encompasses 162 ac (66 ha) on the Santee Coastal Reserve (managed by the state of South Carolina) in Charleston County, South Carolina. Since this currently occupied unit is owned by the State of South Carolina, it is likely protected from direct agricultural and urban development; however, threats remain to the flatwoods salamander and its habitat that may require special management of the PCEs. They include the potential for fire suppression, potential detrimental alterations in forestry practices that could destroy the below-ground soil structure, and potential hydrologic changes resulting from adjacent highways and roads that could alter the ecology of the breeding pond and surrounding terrestrial habitat. Effects of Critical Habitat Designation Section 7 Consultation Section 7 of the Act requires Federal agencies, including the Service, to ensure that actions they fund, authorize, or carry out are not likely to destroy or adversely modify critical habitat. In our regulations at 50 CFR 402.02, we define destruction or adverse modification as “a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical.” However, recent decisions by the 5th and 9th Circuit Courts of Appeals have invalidated this definition (see *Gifford Pinchot Task Force* v. *U.S. Fish and Wildlife Service,* 378 F.3d 1059 (9th Cir 2004) and *Sierra Club* v. *U.S. Fish and Wildlife Service et al.* , 245 F.3d 434, 442F (5th Cir 2001)). Pursuant to current national policy and the statutory provisions of the Act, destruction or adverse modification is determined on the basis of whether, with implementation of the proposed Federal action, the affected critical habitat would remain functional (or retain the current ability for the primary constituent elements to be functionally established) to serve the intended conservation role for the species. Section 7(a) of the Act requires Federal agencies, including the Service, to evaluate their actions with respect to any species that is proposed or listed as endangered or threatened and with respect to its critical habitat, if any is proposed or designated. Regulations implementing this interagency cooperation provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) of the Act requires Federal agencies to confer with us on any action that is likely to jeopardize the continued existence of a proposed species or result in destruction or adverse modification of proposed critical habitat. This is a procedural requirement only. However, once a proposed species becomes listed, or proposed critical habitat is designated as final, the full prohibitions of section 7(a)(2) apply to any Federal action. The primary utility of the conference procedures is to maximize the opportunity for a Federal agency to adequately consider proposed species and critical habitat and avoid potential delays in implementing its proposed action as a result of the section 7(a)(2) compliance process, should those species be listed or the critical habitat designated. Under conference procedures, the Service may provide advisory conservation recommendations to assist the agency in eliminating conflicts that may be caused by the proposed action. The Service may conduct either informal or formal conferences. Informal conferences are typically used if the proposed action is not likely to have any adverse effects to the proposed species or proposed critical habitat. Formal conferences are typically used when the Federal agency or the Service believes the proposed action is likely to cause adverse effects to proposed species or critical habitat, inclusive of those that may cause jeopardy or adverse modification. The results of an informal conference are typically transmitted in a conference report while the results of a formal conference are typically transmitted in a conference opinion. Conference opinions on proposed critical habitat are typically prepared according to 50 CFR 402.14, as if the proposed critical habitat were already designated. We may adopt the conference opinion as the biological opinion when the critical habitat is designated, if no substantial new information or changes in the action alter the content of the opinion (see 50 CFR 402.10(d)). As noted above, any conservation recommendations in a conference report or opinion are strictly advisory. If a species is listed or critical habitat is designated, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of such a species or to destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us. As a result of this consultation, compliance with the requirements of section 7(a)(2) will be documented through the Service's issuance of:
(1)A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or
(2)a biological opinion for Federal actions that may affect, and are likely to adversely affect, listed species or critical habitat. When we issue a biological opinion concluding that a project is likely to result in jeopardy to a listed species or the destruction or adverse modification of critical habitat, we also provide reasonable and prudent alternatives to the project, if any are identifiable. “Reasonable and prudent alternatives” are defined at 50 CFR 402.02 as alternative actions identified during consultation that can be implemented in a manner consistent with the intended purpose of the action, that are consistent with the scope of the Federal agency's legal authority and jurisdiction, that are economically and technologically feasible, and that the Director believes would avoid jeopardy to the listed species or destruction or adverse modification of critical habitat. Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project. Costs associated with implementing a reasonable and prudent alternative are similarly variable. Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions in instances where a new species is listed or critical habitat is subsequently designated that may be affected and the Federal agency has retained discretionary involvement or control over the action or such discretionary involvement or control is authorized by law. Consequently, some Federal agencies may request reinitiation of consultation with us on actions for which formal consultation has been completed, if those actions may affect subsequently listed species or designated critical habitat or adversely modify or destroy proposed critical habitat. Federal activities that may affect the flatwoods salamander or its designated critical habitat will require section 7 consultation under the Act. Activities on State, Tribal, local or private lands requiring a Federal permit (such as a permit from the Corps under section 404 of the Clean Water Act or a permit under section 10(a)(1)(B) of the Act from the Service) or involving some other Federal action (such as funding from the Federal Highway Administration, Federal Aviation Administration, or the Federal Emergency Management Agency) will also be subject to the section 7 consultation process. Federal actions not affecting listed species or critical habitat, and actions on State, Tribal, local or private lands that are not federally funded, authorized, or permitted, do not require section 7 consultations. Application of the Jeopardy and Adverse Modification Standards for Actions Involving Effects to the Flatwoods Salamander and Its Critical Habitat Jeopardy Standard Prior to the proposed designation of critical habitat, the Service has applied an analytical framework for flatwoods salamander jeopardy analyses that relies heavily on the importance of populations to the survival and recovery of the flatwoods salamander. The section 7(a)(2) analysis is focused not only on these populations but also on the habitat conditions necessary to support them. The jeopardy analysis usually expresses the survival and recovery needs of the flatwoods salamander in a qualitative fashion without making distinctions between what is necessary for survival and what is necessary for recovery. Generally, if a proposed Federal action is incompatible with the viability of the affected core area population(s), inclusive of associated habitat conditions, a jeopardy finding is warranted because of the relationship of each core area population to the survival and recovery of the species as a whole. Adverse Modification Standard For the reasons described in the Director's December 9, 2004, memorandum, the key factor related to the adverse modification determination is whether, with implementation of the proposed Federal action, the affected critical habitat would remain functional (or retain the current ability for the primary constituent elements to be functionally established) to serve the intended conservation role for the species. Generally, the conservation role of flatwoods salamander critical habitat units is to support viable core area populations. Section 4(b)(8) of the Act requires us to briefly evaluate and describe in any proposed or final regulation that designates critical habitat those activities involving a Federal action that may destroy or adversely modify such habitat, or that may be affected by such designation. Activities that may destroy or adversely modify critical habitat may also jeopardize the continued existence of the species. Activities that may destroy or adversely modify critical habitat are those that alter the PCEs to an extent that the conservation value of critical habitat for the flatwoods salamander is appreciably reduced. Activities that, when carried out, funded, or authorized by a Federal agency, may affect critical habitat and therefore result in consultation for the flatwoods salamander include, but are not limited to:
(1)Actions that would significantly alter water chemistry in flatwoods salamander breeding ponds. Such activities could include, but are not limited to, the release of chemicals, biological pollutants, or sedimentation into the surface water or connected groundwater at a point source or by dispersed release (non-point source) via road construction, urban and agricultural development, ditching, timber harvest, off-road vehicle use, and other watershed disturbances. These activities could alter the condition of the water beyond the tolerances of the flatwoods salamander and its food base, resulting in direct or cumulative adverse affects to individuals and their life cycles.
(2)Actions that would significantly alter the hydroperiod and vegetation of a flatwoods salamander breeding pond. Such activities could include, but are not limited to, road construction, urban and agricultural development, dredging, ditching, or filling ponds, fire suppression, and timber harvest/replanting. These activities could alter the hydrologic timing, duration, or water flows of a pond basin, as well as alter the constituent vegetation. They could also increase the connectivity of breeding ponds to more permanent waters, which would allow the invasion of predatory fish. As a result, the habitat necessary for flatwoods salamander reproduction and the growth and development of eggs and juvenile salamanders would be reduced or eliminated.
(3)Actions that would significantly alter the terrestrial forested habitat of the flatwoods salamander. Such activities could include, but are not limited to, road construction, urban and agricultural development, dredging, ditching, fire suppression, and timber harvest/re-planting. These activities may lead to changes in soil moisture, soil below-ground structure, soil temperatures, and vegetation that would degrade or eliminate the terrestrial habitat of the flatwoods salamander. We consider all of the units proposed as critical habitat, as well as those that have been proposed for exclusion or not included, to contain features essential to the conservation of the flatwoods salamander. All units are within the geographic range of the species, all were occupied by the species at the time of or since listing (based on observations made within the last 9 years), and are likely to be used by the flatwoods salamander. Federal agencies already consult with us on activities in areas currently occupied by the flatwoods salamander, or if the species may be affected by the action, to ensure that their actions do not jeopardize the continued existence of the flatwoods salamander. Application of Section 3(5)(A) and 4(a)(3) and Exclusions Under Section 4(b)(2) of the Act Application of Section 3(5)(A) Section 3(5)(A) of the Act defines critical habitat as the specific areas within the geographic area occupied by the species on which are found those physical and biological features
(i)essential to the conservation of the species, and
(ii)which may require special management considerations or protection. Therefore, areas within the geographic area occupied by the species that do not contain the features essential to the conservation of the species are not, by definition, critical habitat. Similarly, areas within the geographic area occupied by the species that require no special management or protection also are not, by definition, critical habitat. There are multiple ways to provide management for species habitat. Statutory and regulatory frameworks that exist at a local level can provide such protection and management, as can lack of pressure for change, such as areas too remote for anthropogenic disturbance. Finally, State, local, or private management plans, as well as management under Federal agencies jurisdictions, can provide protection and management to avoid the need for designation of critical habitat. When we consider a plan to determine its adequacy in protecting habitat, we consider whether the plan as a whole will provide the same level of protection that designation of critical habitat would provide. The plan need not lead to exactly the same result as a designation in every individual application, as long as the protection it provides is equivalent overall. In making this determination, we examine whether the plan provides management, protection, or enhancement of the PCEs that is at least equivalent to that provided by a critical habitat designation, and whether there is a reasonable expectation that the management, protection, or enhancement actions will continue into the foreseeable future. Each review is particular to the species and the plan, and some plans may be adequate for some species and inadequate for others. Application of Section 3(5)(A)—St. Marks National Wildlife Refuge Approximately 1,907 ac (778 ha) on St. Marks National Wildlife Refuge (Refuge) in Florida have features essential to the conservation of the flatwoods salamander. The Refuge finalized its Comprehensive Conservation Plan
(CCP)in August 2006. This document details proposed conservation actions for the Refuge over a 15-year period and outlines an objective specifically addressing the species (U.S. Fish and Wildlife Service 2006, p. 50, 56, 79, 81, 91). This objective consists of strategies to identify flatwoods salamander distribution and habitat on the refuge and implement appropriate habitat management. Many other objectives (e.g., eradication or control of terrestrial exotic and invasive animals) will also benefit the flatwoods salamander. The Service has a statutory mandate to manage the Refuge for the conservation of listed species, and the CCP provides a detailed implementation plan. We believe that the CCP provides a substantial conservation benefit to the species, and there are assurances that it will be implemented properly and in an effective fashion within portions of the Refuge with habitat that contains the features essential to the conservation of the flatwoods salamander. Accordingly, we believe that these portions of the Refuge do not meet the definition of critical habitat under section 3(5)(A) of the Act because a secure management plan is already in place to provide for the conservation of the flatwoods salamander, and no special management or protection will be required. Application of Section 4(a)(3) The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) required each military installation that includes land and water suitable for the conservation and management of natural resources to complete, by November 17, 2001, an Integrated Natural Resource Management Plan (INRMP). An INRMP integrates implementation of the military mission of the installation with stewardship of the natural resources found on the base. Each INRMP includes an assessment of the ecological needs on the installation, including the need to provide for the conservation of listed species; a statement of goals and priorities; a detailed description of management actions to be implemented to provide for these ecological needs; and a monitoring and adaptive management plan. Among other things, each INRMP must, to the extent appropriate and applicable, provide for fish and wildlife management, fish and wildlife habitat enhancement or modification, wetland protection, enhancement, and restoration where necessary to support fish and wildlife and enforcement of applicable natural resource laws. The National Defense Authorization Act for Fiscal Year 2004 (Public Law No. 108-136) amended the Act to limit areas eligible for designation as critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) now provides: “The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation.” We consult with the military on the development and implementation of INRMPs for installations with listed species. The Service reviewed each of the INRMPs described below prior to their finalization and has provided input into strategies for monitoring and management of endangered species including the flatwoods salamander. Each military facility has been conducting surveys and habitat management to benefit the flatwoods salamander and reporting the results of their efforts to the Service. Cooperation between the military facilities and the Service continues and the goal of our efforts is to implement an annual review cycle for all INRMPs. INRMPs developed by military installations located within the range of the proposed critical habitat designation for the flatwoods salamander were analyzed for exemption under the authority of 4(a)(3) of the Act. Based on the above considerations, and in accordance with section 4(a)(3)(B)(i) of the Act, we have determined that conservation efforts identified in the INRMPs will provide benefits to the flatwoods salamander occurring in habitats within or adjacent to Whiting Field's Out-Lying Landing Field Holley (290 ac (117 ha)), Eglin Air Force Base (3,191 ac (1,291 ha)), and Hurlburt Field in Florida (1,103 ac (446 ha)); and Townsend Bombing Range (162 ac (66 ha)) and Fort Stewart Military Installation in Georgia (5,121 ac (2,072 ha)). In total, this accounts for approximately 9,867 ac (3,993 ha) of habitat on these installations that is not included in this proposed critical habitat designation under to section 4(a)(3) of the Act. Following is an installation-by-installation discussion of the applicability of section 4(a)(3). Application of Section 4(a)(3) of the Act—Whiting Field's Out-Lying Landing Field Holley (Holley Field) Holley Field is located in Santa Rosa County, Florida, and has approximately 290 ac (117 ha) of habitat with features essential to the conservation of the flatwoods salamander. The U.S. Department of the Navy
(DoN)drafted a revision of its 2001 INRMP for Naval Air Station Whiting Field Complex, of which Holley Field is a part, in 2006 (DoN 2006, p. 5-68, 5-70, 5-73, 5-76, 5-77, 6-22, 6-23, A-16). The revised INRMP outlines management for the next 10 years (2007-2016). We have examined this document and determined that it does provide conservation measures for the flatwoods salamander, as well as for the management of important wetland and upland habitats at Holley Field. The area of Holley Field where flatwoods salamander habitat is located has been designated as a Protected Area. The INRMP outlines a Special Management Initiative for the flatwoods salamander which includes a prescribed burning program, strategies to identify salamander distribution and habitat, controlling invasive species, enforcing restrictions on off-road vehicle use, and forestry management consistent with recommendations in the final listing rule (64 FR 15691). Based on the above considerations, and consistent with the direction provided in section 4(a)(3)B)(i) of the Act, we have determined that conservation identified in the INRMP will provide benefits to the flatwoods salamander and the features essential to the species' conservation occurring on Whiting Field's Out-Lying Landing Field Holley. Therefore, approximately 290 ac (117 ha) of habitat with features essential to the conservation of the flatwoods salamander within Whiting Field's Out-Lying Landing Field Holley are exempt from this proposed designation of critical habitat for the flatwoods salamander under section 4(a)(3) of the Act. Hurlburt Field Hurlburt Field is located in Okaloosa County, Florida, and has approximately 1,103 ac (446 ha) of habitat with features essential to the conservation of the flatwoods salamander. The U.S. Department of the Defense and Air Force
(DoD)completed an INRMP for Hurlburt Field in 2001 (DoD 2001, p. 37, 40, 51). The INRMP covers a period of 10 years. We have examined this document and determined that it does provide conservation measures for the flatwoods salamander, as well as for the management of important wetland and upland habitats at Hurlburt Field. The INRMP outlines goals and objectives for the flatwoods salamander and its habitat which include a prescribed burning program, strategies to identify and monitor salamander distribution and habitat, controlling invasive species, and forestry management consistent with recommendations in the final listing rule (64 FR 15691). Based on the above considerations, and consistent with the direction provided in section 4(a)(3)B)(i) of the Act, we have determined that conservation identified in the INRMP will provide benefits to the flatwoods salamander and the features essential to the species' conservation occurring on Hurlburt Field. Therefore, approximately 1,103 ac (446 ha) of habitat with features essential to the conservation of the flatwoods salamander within Hurlburt Field is exempt from this proposed designation of critical habitat for the flatwoods salamander under section 4(a)(3) of the Act. Eglin Air Force Base (Eglin) Eglin is located in Santa Rosa and Okaloosa Counties, Florida, and has approximately 3,191 ac (1,291 ha) of habitat with features essential to the conservation of the flatwoods salamander. The DoD completed its INRMP for Eglin in 2002 (DoD 2002, p. 45. 65, 176). This INRMP covers a period of 4 years and is under review for renewal for another period of 4 years (2007 through 2011). We have examined this document and determined that it does provide conservation measures for the flatwoods salamander, as well as for the management of important wetland and upland habitats on Eglin. The INRMP outlines a management direction for the flatwoods salamander which includes a prescribed burning program, strategies to identify and monitor salamander distribution and habitat, controlling invasive species, and forestry management consistent with recommendations in the final listing rule (64 FR 15691). Based on the above considerations, and consistent with the direction provided in section 4(a)(3)B)(i) of the Act, we have determined that conservation identified in the INRMP will provide benefits to the flatwoods salamander and the features essential to the species' conservation occurring on Eglin Air Force Base. Therefore, approximately 3,191 ac (1,291 ha) of habitat with features essential to the conservation of the flatwoods salamander within Eglin Air Force Base is exempt from this proposed designation of critical habitat for the flatwoods salamander under section 4(a)(3) of the Act. Fort Stewart Military Installation (Fort Stewart) Fort Stewart, U.S. Army installation, is located Bryan, Evans, Liberty, Long, and Tattnall Counties, Georgia and has approximately 5,121 ac (2,072 ha) of habitat with features essential to the conservation of the flatwoods salamander. The first INRMP (INRMP I) for Fort Stewart was completed in 2001 and updated in 2005 (DoD 2005, pp. 1, 22, 34, 76-77). Each INRMP covers a period of five years with a subsequent review and update every five years. Additionally, an annual review of management implementation is conducted and, if necessary, the INRMP is adapted to address needed improvements. The management direction from INRMP I is being continued in the review. We have examined this document and determined that it does provide conservation measures for the flatwoods salamander, as well as for the management of important wetland and upland habitats at Fort Stewart. The INRMP outlines management activities to be conducted for the flatwoods salamander (DoD 2005, p. 22). These include a prescribed burning program, strategies to identify and monitor flatwoods salamander distribution and habitat, controlling invasive species, and forestry management consistent with recommendations in the final listing rule (64 FR 15691). Based on the above considerations, and consistent with the direction provided in section 4(a)(3)B)(i) of the Act, we have determined that conservation identified in the INRMP will provide benefits to the flatwoods salamander and the features essential to the species' conservation occurring on Fort Stewart Military Installation. Therefore, approximately 5,121 ac (2,072 ha) of habitat with features essential to the conservation of the flatwoods salamander within Fort Stewart Military Installation is exempt from this proposed designation of critical habitat for the flatwoods salamander under section 4(a)(3) of the Act. Townsend Bombing Range (Townsend) Townsend is located in McIntosh County, Georgia, and contains approximately 162 ac (66 ha) of habitat with features essential to the conservation of the flatwoods salamander. The property is owned by the U.S. Department of the Navy and the land is managed by Marine Corps Air Station, Beaufort, South Carolina (MCAS Beaufort). The original INRMP written in 2001 for Townsend has been renewed to cover the period November 2006 through October 2011 (DoD 2006, pp. ES-1, ES-2, 1-3, 1-8, 1-9, 1-10, 3-15, 4-4, 4-8, 4-9, 4-10, 4-11, 4-19, 4-20, 4-22, 4-23, 4-27, 4-28, 4-29). We have examined this document and determined that it does provide conservation measures for the flatwoods salamander, as well as for the management of important wetland and upland habitats at Townsend. The INRMP includes activities to maintain or increase the salamander's population on Townsend through improvement of terrestrial habitat through use of prescribed fire and improvement of water quality and hydrologic regime of the breeding ponds. The INRMP provides biological goals and objectives, measures of success, provisions for annual monitoring and adaptive management, and provisions for reporting. The INRMP outlines projects which would benefit the flatwoods salamander including a prescribed burning program, strategies to identify and monitor salamander distribution and habitat, controlling invasive species, and conducting forestry management consistent with recommendations in the final listing rule (64 FR 15691). Based on the above considerations, and consistent with the direction provided in section 4(a)(3)B)(i) of the Act, we have determined that conservation identified in the INRMP will provide benefits to the flatwoods salamander and the features essential to the species' conservation occurring on Townsend Bombing Range. Therefore, approximately 162 ac (66 ha) of habitat with features essential to the conservation of the flatwoods salamander within Townsend Bombing Range is exempt from this proposed designation of critical habitat for the flatwoods salamander under section 4(a)(3) of the Act. Exclusions Under Section 4(b)(2) of the Act Section 4(b)(2) of the Act states that critical habitat shall be designated, and revised, on the basis of the best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact, of specifying any particular area as critical habitat. The Secretary may exclude an area from critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he determines, based on the best scientific data available, that the failure to designate such area as critical habitat will result in the extinction of the species. In making that determination, the Congressional record is clear that the Secretary is afforded broad discretion regarding which factor(s) to use and how much weight to give to any factor. Under section 4(b)(2), in considering whether to exclude a particular area from the designation, we must identify the benefits of including the area in the designation, identify the benefits of excluding the area from the designation, determine whether the benefits of exclusion outweigh the benefits of inclusion. If an exclusion is contemplated, then we must determine whether excluding the area would result in the extinction of the species. In the following sections, we address a number of general issues that are relevant to the exclusions we considered. In addition, the Service is conducting an economic analysis of the impacts of the proposed critical habitat designation and related factors, which will be available for public review and comment. Based on public comment on that document, the proposed designation itself, and the information in the final economic analysis, additional areas beyond those identified in this assessment may be excluded from critical habitat by the Secretary under the provisions of section 4(b)(2) of the Act. This is provided for in the Act and in our implementing regulations at 50 CFR 242.19. General Principles of Section 7 Consultations Used in the 4(b)(2) Balancing Process The most direct, and potentially largest, regulatory benefit of critical habitat is that federally authorized, funded, or carried out activities require consultation under section 7 of the Act to ensure that they are not likely to destroy or adversely modify critical habitat. There are two limitations to this regulatory effect. First, it only applies where there is a Federal nexus—if there is no Federal nexus, designation itself does not restrict actions that destroy or adversely modify critical habitat. Second, it only limits destruction or adverse modification. By its nature, the prohibition on adverse modification is designed to ensure those areas that contain the physical and biological features essential to the conservation of the species or unoccupied areas that are essential to the conservation of the species are not eroded. Critical habitat designation alone, however, does not require specific steps toward recovery. Once consultation under section 7 of the Act is triggered, the process may conclude informally when the Service concurs in writing that the proposed Federal action is not likely to adversely affect the listed species or its critical habitat. However, if the Service determines through informal consultation that adverse impacts are likely to occur, then formal consultation would be initiated. Formal consultation concludes with a biological opinion issued by the Service on whether the proposed Federal action is likely to jeopardize the continued existence of a listed species or result in destruction or adverse modification of critical habitat, with separate analyses being made under both the jeopardy and the adverse modification standards. For critical habitat, a biological opinion that concludes in a determination of no destruction or adverse modification may contain discretionary conservation recommendations to minimize adverse effects to primary constituent elements, but it would not contain any mandatory reasonable and prudent measures or terms and conditions. Mandatory measures and terms and conditions to implement such measures are only specified when the proposed action would result in the incidental take of a listed animal or species. Reasonable and prudent alternatives to the proposed Federal action would only be suggested when the biological opinion results in a jeopardy or adverse modification conclusion. We also note that for 30 years prior to the Ninth Circuit Court's decision in *Gifford Pinchot* the Service conflated the jeopardy standard with the standard for destruction or adverse modification of critical habitat when evaluating Federal actions that affect currently occupied critical habitat. The Court ruled that the two standards are distinct and that adverse modification evaluations require consideration of impacts on the recovery of species. Thus, under the *Gifford Pinchot* decision, critical habitat designations may provide greater benefits to the recovery of a species. However, we believe the conservation achieved through implementing HCPs or other habitat management plans is typically greater than would be achieved through multiple site-by-site, project-by-project, section 7 consultations involving consideration of critical habitat. Management plans commit resources to implement long-term management and protection to particular habitat for at least one and possibly other listed or sensitive species. Section 7 consultations only commit Federal agencies to prevent adverse modification to critical habitat caused by the particular project, and they are not committed to provide conservation or long-term benefits to areas not affected by the proposed project. Thus, any HCP or management plan that considers enhancement or recovery as the management standard will often provide as much or more benefit than a consultation for critical habitat designation conducted under the standards required by the Ninth Circuit in the *Gifford Pinchot* decision. Exclusions Under Section 4(b)(2)—National Forests We have evaluated the Forest Management Plans for Francis Marion, Osceola, and Apalachicola National Forests with respect to providing adequate protection and management for the flatwoods salamander. At this time, none of these Plans provide sufficient protection and management to satisfy the criteria necessary for proposed exclusion from critical habitat (i.e., at this point the benefits of possible exclusion do not outweigh the benefits of inclusion). However, it is possible that improvements in National Forest management, through amendment to forest plans, development of species-specific management prescriptions, or other management approaches, coupled with assurances of implementation, will enable us to exclude one or more of these National Forests from the final designation of critical habitat. Therefore, we are specifically soliciting public comment on the possible exclusion of the units in these National Forests from critical habitat in the final designation. Economic Analysis An analysis of the economic impacts of proposing critical habitat for the flatwoods salamander is being prepared. We will announce the availability of the draft economic analysis as soon as it is completed, at which time we will seek public review and comment. At that time, copies of the draft economic analysis will be available for downloading from the Internet at *http://www.fws.gov/southeast/hotissues/,* or by contacting the Mississippi Fish and Wildlife Office directly (see ADDRESSES section). Peer Review In accordance with our joint policy published in the **Federal Register** on July 1, 1994 (59 FR 34270), we will seek the expert opinions of at least three appropriate and independent specialists regarding this proposed rule. The purpose of such review is to ensure that our critical habitat designation is based on scientifically sound data, assumptions, and analyses. We will send copies of this proposed rule to these peer reviewers immediately following publication in the **Federal Register** . We will invite these peer reviewers to comment, during the public comment period, on the specific assumptions and conclusions regarding the proposed designation of critical habitat. We will consider all comments and information received during the comment period on this proposed rule during preparation of a final rulemaking. Accordingly, the final decision may differ from this proposal. Public Hearings The Act provides for one or more public hearings on this proposal, if requested. Requests for public hearings must be made in writing at least 15 days prior to the close of the public comment period. We will schedule public hearings on this proposal, if any are requested, and announce the dates, times, and places of those hearings in the **Federal Register** and local newspapers at least 15 days prior to the first hearing. Clarity of the Rule Executive Order 12866 (Regulatory Planning and Review) requires each agency to write regulations and notices that are easy to understand. We invite your comments on how to make this proposed rule easier to understand, including answers to questions such as the following:
(1)Are the requirements in the proposed rule clearly stated?
(2)Does the proposed rule contain technical jargon that interferes with the clarity?
(3)Does the format of the proposed rule (grouping and order of the sections, use of headings, paragraphing, and so forth) aid or reduce its clarity?
(4)Is the description of the notice in the SUPPLEMENTARY INFORMATION section of the preamble helpful in understanding the proposed rule?
(5)What else could we do to make this proposed rule easier to understand? Send a copy of any comments on how we could make this proposed rule easier to understand to: Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may e-mail your comments to this address: *Exsec@ios.doi.gov* . Required Determinations Regulatory Planning and Review In accordance with Executive Order 12866, this document is a significant rule in that it may raise novel legal and policy issues, but it is not anticipated to have an annual effect on the economy of $100 million or more or affect the economy in a material way. Due to the tight timeline for publication in the **Federal Register** , the Office of Management and Budget
(OMB)has not formally reviewed this rule. We are preparing a draft economic analysis of this proposed action, which will be available for public comment, to determine the economic consequences of designating the specific area as critical habitat. This economic analysis also will be used to determine compliance with Executive Order 12866, Regulatory Flexibility Act, Small Business Regulatory Enforcement Fairness Act, and Executive Order 12630, Executive 13211, and Executive Order 12875. Further, Executive Order 12866 directs Federal Agencies promulgating regulations to evaluate regulatory alternatives (Office of Management and Budget, Circular A-4, September 17, 2003). Pursuant to Circular A-4, once it has been determined that the Federal regulatory action is appropriate, then the agency will need to consider alternative regulatory approaches. Since the determination of critical habitat is a statutory requirement pursuant to the Endangered Species Act of 1973, as amended
(Act)(16 U.S.C. 1531 *et seq.* ), we must then evaluate alternative regulatory approaches, where feasible, when promulgating a designation of critical habitat. In developing our designation of critical habitat, we consider economic impacts, impacts to national security, and other relevant impacts pursuant to section 4(b)(2) of the Act. Based on the discretion allowable under this provision, we may exclude any particular area from the designation of critical habitat providing that the benefits of such exclusion outweigh the benefits of specifying the area as critical habitat and that such exclusion would not result in the extension of the subspecies. As such, we believe that the evaluation of the inclusion or exclusion of particular areas, or combination thereof, in a designation constitutes our regulatory alternative analysis. Within these areas, the types of Federal actions or authorized activities that we have identified as potential concerns are listed above in the section on Section 7 Consultation. The availability of the draft economic analysis will be announced in the **Federal Register** and in local newspapers so that it is available for public review and comments. The draft economic analysis can be obtained from the internet Web site at *http://www.fws.gov/southeast/hotissues/,* or by contacting the Mississippi Fish and Wildlife Office directly (see ADDRESSES section). Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) Under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* , as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effects of the rule on small entities ( *i.e.* , small businesses, small organizations, and small government jurisdictions). However, no regulatory flexibility analysis is required if the head of the agency certifies the rule will not have a significant economic impact on a substantial number of small entities. The SBREFA amended the Regulatory Flexibility Act
(RFA)to require Federal agencies to provide a statement of the factual basis for certifying that the rule will not have a significant economic impact on a substantial number of small entities. At this time, the Service lacks the available economic information necessary to provide an adequate factual basis for the required RFA finding. Therefore, the RFA finding is deferred until completion of the draft economic analysis prepared pursuant to section 4(b)(2) of the Act and E.O. 12866. This draft economic analysis will provide the required factual basis for the RFA finding. Upon completion of the draft economic analysis, the Service will publish a notice of availability of the draft economic analysis of the proposed designation and reopen the public comment period for the proposed designation for an additional 60 days. The Service will include with the notice of availability, as appropriate, an initial regulatory flexibility analysis or a certification that the rule will not have a significant economic impact on a substantial number of small entities accompanied by the factual basis for that determination. The Service has concluded that deferring the RFA finding until completion of the draft economic analysis is necessary to meet the purposes and requirements of the RFA. Deferring the RFA finding in this manner will ensure that the Service makes a sufficiently informed determination based on adequate economic information and provides the necessary opportunity for public comment. Executive Order 13211 On May 18, 2001, the President issued an Executive Order (E.O. 13211; Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use) on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this proposed rule to designate critical habitat for the flatwoods salamander is a significant regulatory action under Executive Order 12866, it is not expected to significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required. Unfunded Mandates Reform Act (2 U.S.C. 1501 *et seq.* ) In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501), the Service makes the following findings:
(a)This rule will not produce a Federal mandate. In general, a Federal mandate is a provision in legislation, statute or regulation that would impose an enforceable duty upon State, local, Tribal governments, or the private sector and includes both “Federal intergovernmental mandates” and “Federal private sector mandates.” These terms are defined in 2 U.S.C. 658(5)-(7). “Federal intergovernmental mandate” includes a regulation that “would impose an enforceable duty upon State, local, or Tribal governments” with two exceptions. It excludes “a condition of Federal assistance.” It also excludes “a duty arising from participation in a voluntary Federal program,” unless the regulation “relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and Tribal governments under entitlement authority,” if the provision would “increase the stringency of conditions of assistance” or “place caps upon, or otherwise decrease, the Federal Government's responsibility to provide funding,” and the State, local, or Tribal governments “lack authority” to adjust accordingly. At the time of enactment, these entitlement programs were: Medicaid; AFDC work programs; Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement. “Federal private sector mandate” includes a regulation that “would impose an enforceable duty upon the private sector, except
(i)a condition of Federal assistance or
(ii)a duty arising from participation in a voluntary Federal program.” The designation of critical habitat does not impose a legally binding duty on non-Federal government entities or private parties. Under the Act, the only regulatory effect is that Federal agencies must ensure that their actions do not destroy or adversely modify critical habitat under section 7. While non-Federal entities that receive Federal funding, assistance, or permits, or that otherwise require approval or authorization from a Federal agency for an action, may be indirectly impacted by the designation of critical habitat, the legally binding duty to avoid destruction or adverse modification of critical habitat rests squarely on the Federal agency. Furthermore, to the extent that non-Federal entities are indirectly impacted because they receive Federal assistance or participate in a voluntary Federal aid program, the Unfunded Mandates Reform Act would not apply; nor would critical habitat shift the costs of the large entitlement programs listed above on to State governments.
(b)We do not believe that this rule will significantly or uniquely affect small governments because it is not likely to produce a Federal mandate of $100 million or greater in any year, that is, it is not a “significant regulatory action” under the Unfunded Mandates Reform Act. Most lands being proposed for critical habitat designation owned by a government entity are Federal or State properties. In addition, the designation of critical habitat imposes no obligations on State or local governments. As such, a Small Government Agency Plan is not required. However, as we conduct our economic analysis, we will further evaluate this issue. Takings In accordance with Executive Order 12630 (“Government Actions and Interference with Constitutionally Protected Private Property Rights”), we have analyzed the potential takings implications of designating critical habitat for the flatwoods salamander in a takings implications assessment. The takings implications assessment concludes that this designation of critical habitat for the flatwoods salamander does not pose significant takings implications. However, we will further evaluate this issue as we conduct our economic analysis and review and revise this assessment as warranted. Federalism In accordance with Executive Order 13132 (Federalism), the rule does not have significant Federalism effects. A Federalism assessment is not required. In keeping with Department of the Interior and Department of Commerce policy, we requested information from, and coordinated development of, this proposed critical habitat designation with appropriate State resource agencies in Florida, Georgia, and South Carolina. The designation of critical habitat in areas currently occupied by the flatwoods salamander imposes no additional restrictions to those currently in place and, therefore, has little incremental impact on State and local governments and their activities. The designation may have some benefit to these governments in that the areas that contain the features essential to the conservation of the species are more clearly defined, and the primary constituent elements of the habitat necessary to the conservation of the species are specifically identified. While making this definition and identification does not alter where and what federally sponsored activities may occur, it may assist these local governments in long-range planning (rather than waiting for case-by-case section 7 consultations to occur). Civil Justice Reform In accordance with Executive Order 12988 (Civil Justice Reform), the Office of the Solicitor has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. We have proposed designating critical habitat in accordance with the provisions of the Endangered Species Act. This proposed rule uses standard property descriptions and identifies the primary constituent elements within the designated areas to assist the public in understanding the habitat needs of the flatwoods salamander. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rule does not contain any new collections of information that require approval by OMB under the Paperwork Reduction Act. This rule will not impose recordkeeping or reporting requirements on State or local governments, individuals, businesses, or organizations. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act It is our position that, outside the Tenth Circuit, we do not need to prepare environmental analyses as defined by the NEPA in connection with designating critical habitat under the Endangered Species Act of 1973, as amended. We published a notice outlining our reasons for this determination in the **Federal Register** on October 25, 1983 (48 FR 49244). This assertion was upheld in the courts of the Ninth Circuit ( *Douglas County* v. *Babbitt,* 48 F.3d 1495 (9th Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996). Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), Executive Order 13175, and the Department of Interior's manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. We have determined that there are no tribal lands occupied at the time of listing that contain the features essential for the conservation and no tribal lands that are unoccupied areas that are essential for the conservation of the flatwoods salamander. Therefore, designation of critical habitat for the flatwoods salamander has not been designated on Tribal lands. References Cited A complete list of all references cited in this rulemaking is available upon request from the Field Supervisor, Mississippi Fish and Wildlife Office (see ADDRESSES section). Author(s) The primary author of this package is Linda LaClaire of the Mississippi Fish and Wildlife Office (see ADDRESSES section). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Proposed Regulation Promulgation Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 17—[AMENDED] 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted. 2. In § 17.11(h), revise the entry for “Salamander, flatwoods” under “AMPHIBIANS” to read as follows: § 17.11 Endangered and threatened wildlife.
(h)* * * Species Common name Scientific name Historic range Vertebrate population where endangered or threatened Status When listed Critical habitat Special rules * * * * * * * **Amphibians** * * * * * * * Salamander, flatwoods *Ambystoma cingulatum* U.S.A. (AL, FL, GA, SC) Entire T 658 17.95(d) NA * * * * * * * 3. Amend § 17.95(d) by adding an entry for “Flatwoods salamander ( *Ambystoma cingulatum* )” in the same order that the species appears in the table at § 17.11(h), to read as follows: § 17.95 Critical habitat—fish and wildlife.
(d)*Amphibians.* Flatwoods salamander ( *Ambystoma cingulatum* )
(1)Critical habitat units are depicted for Baker, Calhoun, Franklin, Holmes, Jackson, Jefferson, Liberty, Santa Rosa, Wakulla, Walton, and Washington Counties in Florida; Baker and Miller Counties in Georgia; and Berkeley, Charleston, and Jasper Counties in South Carolina, on the maps below.
(2)The primary constituent elements of critical habitat for the flatwoods salamander are the habitat components that provide:
(i)*Breeding habitat.* Small (generally <1 to 10 acres
(ac)(<0.4 to 4.0 hectares (ha)), acidic, depressional standing bodies of freshwater (wetlands) that:
(A)Are seasonally-flooded by rainfall in late fall or early winter and dry in late spring or early summer;
(B)Are geographically isolated from other water bodies;
(C)Occur within pine-flatwoods/savanna communities;
(D)Are dominated by grasses and grass-like species in the ground layer and overstories of pond cypress, blackgum, and slash pine;
(E)Have a relatively open canopy, necessary to maintain the herbaceous component which serves as cover for flatwoods salamander larvae and their aquatic invertebrate prey; and
(F)Typically have a burrowing crayfish fauna, but, due to periodic drying, the breeding ponds typically lack large, predatory fish (e.g., *Lepomis* (sunfish), *Micropterus* (bass), *Amia calva* (bowfin)).
(ii)*Non-breeding habitat.* Upland pine flatwoods/savanna habitat that is open, mesic woodland maintained by frequent fires and that:
(A)Is within 1,500 ft (457 m) of adjacent and accessible breeding ponds;
(B)Contains crayfish burrows or other underground habitat that the flatwoods salamander depends upon for food, shelter, and protection from the elements and predation;
(C)Has an organic hardpan in the soil profile, which inhibits subsurface water penetration and typically results in moist soils with water often at or near the surface under normal conditions; and
(D)Often has wiregrasses as the dominant grasses in the abundant herbaceous ground cover, which supports the rich herbivorous invertebrates that serve as a food source for the flatwoods salamander.
(iii)*Dispersal habitat.* Upland habitat areas between non-breeding and breeding habitat that allow for salamander movement between such sites and that is characterized by:
(A)A mix of vegetation types representing a transition between wetland and upland vegetation (ecotone);
(B)An open canopy and abundant native herbaceous species; and
(C)Moist soils as described in PCE 2, and underground structure, such as deep litter cover or burrows that provide shelter for salamanders during seasonal movements.
(3)Critical habitat does not include manmade structures existing on the effective date of this rule and not containing one or more of the primary constituent elements, such as buildings, aqueducts, airports, and roads, and the land on which such structures are located.
(4)*Critical habitat map units.* Data layers defining map units were created on a base of USGS 7.5′ quadrangles, and critical habitat units were then mapped using Universal Transverse Mercator
(UTM)coordinates.
(5)Note: Index maps (Map 1, Map 1A, Map 1B, Map 1C) follow. BILLING CODE 4310-55-P EP07FE07.000 EP07FE07.001 EP07FE07.002 EP07FE07.003 BILLING CODE 4310-55-C
(6)Florida: Baker, Calhoun, Franklin, Holmes, Jackson, Jefferson, Liberty, Santa Rosa, Wakulla, Walton, Washington Counties, Florida.
(i)Unit FL-1, Subunit A: Santa Rosa County, Florida. From USGS 1:24,000 scale quadrangle map Garcon Point, Florida.
(A)Land bounded by the following UTM Zone 16N, North American Datum of 1983 (NAD83) coordinates (E, N): 492422.51, 3371035.69; 492456.21, 3371479.58; 492471.93, 3371471.14; 492500.45, 3371474.38; 492529.13, 3371475.82; 492557.84, 3371475.46; 492586.47, 3371473.29; 492614.90, 3371469.33; 492643.03, 3371463.60; 492670.75, 3371456.10; 492675.19, 3371454.60; 492697.94, 3371446.89; 492724.50, 3371435.98; 492750.32, 3371423.43; 492775.30, 3371409.28; 492799.35, 3371393.59; 492822.36, 3371376.42; 492844.25, 3371357.84; 492864.93, 3371337.93; 492876.81, 3371324.95; 492884.31, 3371316.75; 492902.33, 3371294.40; 492918.91, 3371270.96; 492933.99, 3371246.52; 492947.50, 3371221.19; 492959.39, 3371195.06; 492969.63, 3371168.23; 492978.15, 3371140.82; 492984.94, 3371112.92; 492989.96, 3371084.65; 492993.20, 3371056.13; 492994.64, 3371027.45; 492994.27, 3370998.74; 492992.11, 3370970.12; 492988.15, 3370941.68; 492982.41, 3370913.55; 492974.92, 3370885.83; 492965.70, 3370858.64; 492954.80, 3370832.08; 492942.25, 3370806.26; 492928.10, 3370781.28; 492912.41, 3370757.23; 492895.24, 3370734.22; 492876.66, 3370712.33; 492856.74, 3370691.66; 492835.57, 3370672.27; 492813.21, 3370654.25; 492789.77, 3370637.67; 492765.34, 3370622.59; 492740.01, 3370609.08; 492713.88, 3370597.19; 492687.05, 3370586.96; 492659.63, 3370578.43; 492631.74, 3370571.64; 492603.47, 3370566.62; 492574.94, 3370563.38; 492546.27, 3370561.94; 492517.56, 3370562.31; 492488.93, 3370564.47; 492460.49, 3370568.43; 492432.36, 3370574.17; 492404.65, 3370581.66; 492377.45, 3370590.88; 492350.90, 3370601.78; 492320.09, 3370617.55; 492291.56, 3370614.31; 492262.89, 3370612.87; 492234.18, 3370613.24; 492205.55, 3370615.41; 492177.11, 3370619.36; 492148.98, 3370625.10; 492121.26, 3370632.59; 492094.07, 3370641.81; 492067.52, 3370652.72; 492041.69, 3370665.27; 492016.71, 3370679.42; 491992.67, 3370695.11; 491969.66, 3370712.28; 491947.77, 3370730.86; 491927.09, 3370750.78; 491907.71, 3370771.96; 491889.69, 3370794.31; 491873.11, 3370817.75; 491858.03, 3370842.18; 491850.39, 3370856.51; 491902.30, 3370927.81; 491965.58, 3371021.19; 492053.40, 3371139.60; 492103.96, 3371211.52; 492141.74, 3371263.97; 492176.40, 3371309.07; 492207.16, 3371350.78; 492243.77, 3371397.26; 492331.54, 3371520.26; 492359.67, 3371514.52; 492387.39, 3371507.03; 492414.58, 3371497.81; 492441.14, 3371486.91; 492456.21, 3371479.58.
(B)Map depicting Unit FL-1, Subunit A is provided at paragraph (6)(ii)(B) of this entry.
(ii)Unit FL-1, Subunit B: Santa Rosa County, Florida. From USGS 1:24,000 scale quadrangle map Garcon Point, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 493473.94, 3373125.21; 493511.18, 3372669.71; 493482.50, 3372668.27; 493453.79, 3372668.64; 493425.16, 3372670.80; 493396.73, 3372674.76; 493368.60, 3372680.50; 493340.88, 3372687.99; 493313.69, 3372697.21; 493287.13, 3372708.12; 493261.31, 3372720.67; 493236.33, 3372734.82; 493212.29, 3372750.51; 493189.27, 3372767.68; 493167.39, 3372786.26; 493146.71, 3372806.18; 493127.32, 3372827.35; 493109.30, 3372849.71; 493107.12, 3372852.80; 493092.72, 3372873.15; 493077.65, 3372897.58; 493064.14, 3372922.91; 493052.24, 3372949.04; 493042.01, 3372975.87; 493033.49, 3373003.29; 493026.70, 3373031.18; 493021.68, 3373059.45; 493018.45, 3373087.98; 493017.01, 3373116.65; 493017.10, 3373124.25; 493017.37, 3373145.36; 493019.54, 3373173.99; 493023.50, 3373202.43; 493029.23, 3373230.56; 493036.73, 3373258.27; 493045.94, 3373285.46; 493056.85, 3373312.02; 493069.40, 3373337.84; 493083.55, 3373362.82; 493099.24, 3373386.87; 493116.41, 3373409.88; 493134.99, 3373431.77; 493154.91, 3373452.45; 493176.09, 3373471.83; 493198.44, 3373489.85; 493221.88, 3373506.43; 493246.31, 3373521.51; 493271.65, 3373535.02; 493297.78, 3373546.91; 493324.60, 3373557.14; 493352.02, 3373565.66; 493379.92, 3373572.45; 493408.18, 3373577.47; 493436.71, 3373580.71; 493465.39, 3373582.15; 493494.09, 3373581.78; 493522.72, 3373579.62; 493551.16, 3373575.66; 493572.90, 3373571.22; 493579.29, 3373569.92; 493607.01, 3373562.43; 493634.20, 3373553.21; 493660.76, 3373542.30; 493686.58, 3373529.75; 493711.56, 3373515.60; 493735.60, 3373499.91; 493758.61, 3373482.74; 493776.62, 3373467.45; 493780.50, 3373464.16; 493801.18, 3373444.24; 493820.57, 3373423.07; 493838.58, 3373400.71; 493855.16, 3373377.28; 493870.24, 3373352.84; 493883.75, 3373327.51; 493895.64, 3373301.38; 493905.87, 3373274.55; 493914.40, 3373247.13; 493921.18, 3373219.24; 493926.21, 3373190.97; 493929.44, 3373162.44; 493930.88, 3373133.77; 493930.52, 3373105.06; 493928.35, 3373076.43; 493924.39, 3373047.99; 493918.65, 3373019.86; 493911.16, 3372992.15; 493901.94, 3372964.96; 493891.04, 3372938.40; 493878.48, 3372912.58; 493864.33, 3372887.60; 493848.64, 3372863.55; 493831.48, 3372840.54; 493812.90, 3372818.65; 493792.98, 3372797.98; 493771.80, 3372778.59; 493749.45, 3372760.57; 493726.01, 3372743.99; 493701.57, 3372728.92; 493676.24, 3372715.40; 493650.11, 3372703.51; 493623.28, 3372693.28; 493595.87, 3372684.76; 493567.97, 3372677.97; 493539.70, 3372672.95; 493511.18, 3372669.71.
(B)Map of Unit FL-1 (Map 2) follows: BILLING CODE 4310-55-P EP07FE07.004 BILLING CODE 4310-55-C
(iii)Unit FL-2, Subunit A: Santa Rosa County, Florida. From USGS 1:24,000 scale quadrangle map Harold, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 501542.29, 3392875.54; 501578.59, 3392419.96; 501549.91, 3392418.58; 501521.21, 3392419.01; 501492.58, 3392421.23; 501464.15, 3392425.25; 501436.03, 3392431.05; 501408.33, 3392438.59; 501381.16, 3392447.87; 501354.63, 3392458.83; 501328.83, 3392471.44; 501303.88, 3392485.64; 501279.87, 3392501.38; 501256.89, 3392518.59; 501235.04, 3392537.22; 501214.40, 3392557.18; 501195.06, 3392578.39; 501177.09, 3392600.78; 501160.55, 3392624.26; 501145.53, 3392648.72; 501132.07, 3392674.08; 501120.23, 3392700.24; 501110.06, 3392727.09; 501101.59, 3392754.52; 501094.86, 3392782.43; 501089.89, 3392810.71; 501086.72, 3392839.24; 501085.34, 3392867.92; 501085.34, 3392868.35; 501085.76, 3392896.63; 501086.36, 3392904.40; 501087.98, 3392925.25; 501092.00, 3392953.68; 501097.80, 3392981.80; 501105.35, 3393009.50; 501114.62, 3393036.67; 501125.58, 3393063.21; 501138.19, 3393089.01; 501152.39, 3393113.96; 501168.13, 3393137.97; 501185.34, 3393160.95; 501203.97, 3393182.80; 501223.93, 3393203.43; 501245.15, 3393222.78; 501267.54, 3393240.75; 501291.01, 3393257.28; 501315.47, 3393272.31; 501340.83, 3393285.76; 501366.99, 3393297.61; 501393.84, 3393307.78; 501421.27, 3393316.25; 501449.18, 3393322.98; 501477.46, 3393327.94; 501506.00, 3393331.12; 501534.67, 3393332.50; 501563.38, 3393332.08; 501585.04, 3393330.39; 501592.00, 3393329.85; 501614.07, 3393326.73; 501620.43, 3393325.83; 501648.55, 3393320.04; 501676.25, 3393312.49; 501703.43, 3393303.22; 501729.96, 3393292.25; 501755.76, 3393279.65; 501780.71, 3393265.45; 501804.72, 3393249.71; 501827.70, 3393232.49; 501849.55, 3393213.87; 501870.18, 3393193.91; 501889.53, 3393172.69; 501907.50, 3393150.30; 501924.03, 3393126.83; 501939.06, 3393102.36; 501952.52, 3393077.00; 501964.36, 3393050.84; 501974.53, 3393024.00; 501983.00, 3392996.56; 501989.73, 3392968.65; 501994.69, 3392940.37; 501997.87, 3392911.84; 501999.25, 3392883.16; 501998.83, 3392854.45; 501996.60, 3392825.83; 501992.58, 3392797.40; 501986.79, 3392769.28; 501979.24, 3392741.58; 501969.97, 3392714.41; 501959.01, 3392687.87; 501946.40, 3392662.08; 501932.20, 3392637.13; 501916.46, 3392613.11; 501899.24, 3392590.14; 501880.62, 3392568.29; 501860.66, 3392547.65; 501839.44, 3392528.31; 501817.05, 3392510.33; 501793.58, 3392493.80; 501769.11, 3392478.78; 501743.75, 3392465.32; 501717.60, 3392453.48; 501690.75, 3392443.30; 501663.31, 3392434.84; 501635.40, 3392428.11; 501607.13, 3392423.14; 501578.59, 3392419.96.
(B)Map depicting Unit FL-2, Subunit A is provided at paragraph (6)(vii)(B) of this entry.
(iv)Unit FL-2, Subunit B: Santa Rosa County, Florida. From USGS 1:24,000 scale quadrangle map Floridale, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 518979.00, 3390846.88; 519015.30, 3390391.30; 518986.62, 3390389.92; 518957.92, 3390390.34; 518929.29, 3390392.56; 518900.86, 3390396.58; 518872.74, 3390402.38; 518845.04, 3390409.93; 518817.87, 3390419.20; 518791.34, 3390430.16; 518765.54, 3390442.77; 518740.59, 3390456.97; 518716.58, 3390472.71; 518693.60, 3390489.92; 518671.75, 3390508.55; 518651.11, 3390528.51; 518631.77, 3390549.73; 518613.80, 3390572.12; 518597.26, 3390595.59; 518582.24, 3390620.06; 518568.78, 3390645.42; 518556.94, 3390671.57; 518546.76, 3390698.42; 518538.30, 3390725.85; 518531.57, 3390753.76; 518526.60, 3390782.04; 518523.42, 3390810.58; 518522.04, 3390839.25; 518522.47, 3390867.96; 518524.69, 3390896.59; 518528.71, 3390925.02; 518534.50, 3390953.14; 518542.05, 3390980.84; 518551.33, 3391008.01; 518562.29, 3391034.54; 518574.89, 3391060.34; 518589.10, 3391085.29; 518604.84, 3391109.30; 518622.05, 3391132.28; 518640.68, 3391154.13; 518660.64, 3391174.77; 518681.85, 3391194.11; 518704.24, 3391212.08; 518727.72, 3391228.62; 518752.18, 3391243.64; 518777.54, 3391257.10; 518803.70, 3391268.94; 518830.55, 3391279.11; 518857.98, 3391287.58; 518885.89, 3391294.31; 518914.17, 3391299.28; 518942.70, 3391302.46; 518971.38, 3391303.84; 519000.09, 3391303.41; 519028.71, 3391301.19; 519057.14, 3391297.17; 519085.26, 3391291.37; 519112.96, 3391283.83; 519140.13, 3391274.55; 519166.67, 3391263.59; 519192.47, 3391250.98; 519217.42, 3391236.78; 519241.43, 3391221.04; 519264.41, 3391203.83; 519286.26, 3391185.20; 519306.90, 3391165.24; 519326.24, 3391144.03; 519344.21, 3391121.64; 519360.74, 3391098.16; 519375.77, 3391073.70; 519389.23, 3391048.34; 519401.07, 3391022.18; 519410.40, 3390997.55; 519411.24, 3390995.33; 519419.71, 3390967.90; 519426.44, 3390939.99; 519431.40, 3390911.71; 519434.58, 3390883.17; 519435.96, 3390854.50; 519435.54, 3390825.79; 519433.31, 3390797.16; 519429.30, 3390768.74; 519423.50, 3390740.62; 519415.95, 3390712.92; 519406.68, 3390685.74; 519395.72, 3390659.21; 519383.11, 3390633.41; 519368.91, 3390608.46; 519353.17, 3390584.45; 519335.95, 3390561.47; 519317.33, 3390539.62; 519297.37, 3390518.98; 519276.15, 3390499.64; 519253.76, 3390481.67; 519230.29, 3390465.14; 519205.82, 3390450.11; 519180.46, 3390436.65; 519154.31, 3390424.81; 519127.46, 3390414.64; 519100.03, 3390406.17; 519072.12, 3390399.44; 519043.84, 3390394.47; 519025.24, 3390392.40; 519015.30, 3390391.30.
(B)Map depicting Unit FL-2, Subunit B is provided at paragraph (6)(vii)(B) of this entry.
(v)Unit FL-3, Subunit A: Santa Rosa County, Florida. From USGS 1:24,000 scale quadrangle map Holley, Florida.
(A)Land bounded by the following UTM Zone 16N NAD83 coordinates (E, N): 503186.07, 3363994.26; 503230.28, 3364372.04; 503258.98, 3364371.15; 503287.56, 3364368.46; 503315.92, 3364363.98; 503343.94, 3364357.72; 503371.51, 3364349.72; 503398.53, 3364340.00; 503424.88, 3364328.61; 503450.47, 3364315.58; 503475.18, 3364300.97; 503498.93, 3364284.84; 503521.62, 3364267.25; 503543.17, 3364248.27; 503563.47, 3364227.98; 503582.47, 3364206.45; 503600.07, 3364183.77; 503616.21, 3364160.02; 503630.84, 3364135.32; 503643.88, 3364109.74; 503655.29, 3364083.39; 503665.02, 3364056.38; 503673.04, 3364028.81; 503679.31, 3364000.80; 503683.81, 3363972.44; 503686.52, 3363943.86; 503687.43, 3363915.16; 503694.97, 3363895.81; 503703.22, 3363883.46; 503713.35, 3363875.12; 503720.86, 3363866.05; 503726.38, 3363856.93; 503733.33, 3363843.23; 503741.24, 3363817.66; 503752.71, 3363781.60; 503757.94, 3363757.28; 503766.29, 3363740.97; 503653.05, 3363741.51; 503643.99, 3363720.56; 503630.97, 3363694.98; 503615.43, 3363669.20; 503614.54, 3363723.63; 503603.42, 3363776.80; 503601.25, 3363799.28; 503594.63, 3363834.14; 503562.99, 3363830.54; 503563.95, 3363824.13; 503558.80, 3363820.38; 503559.45, 3363810.82; 503555.67, 3363800.19; 503543.48, 3363787.42; 503527.74, 3363771.34; 503514.01, 3363772.21; 503464.39, 3363773.02; 503448.84, 3363749.30; 503448.43, 3363557.73; 503320.61, 3363559.24; 503273.41, 3363560.17; 503273.48, 3363572.21; 503279.12, 3363573.41; 503279.02, 3363592.17; 503284.42, 3363598.01; 503277.69, 3363622.31; 503272.10, 3363658.41; 503256.99, 3363658.98; 503220.25, 3363657.15; 503211.45, 3363656.39; 503211.32, 3363632.31; 503198.98, 3363600.14; 503189.64, 3363604.87; 503175.36, 3363660.76; 503174.54, 3363689.45; 503175.29, 3363734.75; 503170.11, 3363757.09; 503161.90, 3363768.12; 503127.36, 3363772.57; 503100.69, 3363791.38; 503033.43, 3363789.75; 502978.95, 3363827.29; 502954.54, 3363827.17; 502938.00, 3363826.77; 502928.94, 3363817.96; 502929.55, 3363684.52; 502929.72, 3363568.90; 502821.78, 3363569.58; 502821.25, 3363591.37; 502814.34, 3363603.10; 502789.73, 3363607.79; 502751.21, 3363612.80; 502704.59, 3363623.55; 502670.46, 3363638.58; 502640.33, 3363787.82; 502630.36, 3363843.74; 502624.75, 3363883.90; 502620.13, 3363937.30; 502612.77, 3363994.60; 502605.85, 3364010.35; 502632.98, 3364029.88; 502667.62, 3364048.56; 502682.22, 3364046.94; 502713.21, 3364052.31; 502771.51, 3364051.09; 502794.67, 3364051.65; 502805.44, 3364083.14; 502816.83, 3364109.49; 502829.86, 3364135.08; 502844.47, 3364159.79; 502860.60, 3364183.55; 502878.19, 3364206.24; 502897.17, 3364227.78; 502917.47, 3364248.09; 502939.00, 3364267.08; 502961.68, 3364284.68; 502985.42, 3364300.83; 503010.13, 3364315.45; 503035.70, 3364328.49; 503062.05, 3364339.90; 503089.06, 3364349.63; 503116.63, 3364357.65; 503144.64, 3364363.92; 503173.00, 3364368.42; 503201.58, 3364371.13; 503230.28, 3364372.04.
(B)Map depicting Unit FL-3, Subunit A is provided at paragraph (6)(vii)(B) of this entry.
(vi)Unit FL-3, Subunit B: Santa Rosa County, Florida. From USGS 1:24,000 scale quadrangle map Holley, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 507847.52, 3364062.79; 508038.94, 3364260.07; 508159.63, 3364258.28; 508179.03, 3364261.58; 508239.92, 3364260.82; 508239.28, 3364132.07; 508237.99, 3363955.72; 508155.42, 3363957.25; 508106.06, 3363958.06; 508068.35, 3363958.68; 508035.07, 3363959.23; 508033.84, 3363843.00; 507952.80, 3363843.73; 507885.20, 3363844.33; 507885.39, 3363854.86; 507685.16, 3363854.79; 507684.91, 3363836.82; 507612.21, 3363835.57; 507612.77, 3363907.18; 507612.91, 3363927.06; 507638.84, 3363927.49; 507639.00, 3363939.65; 507583.60, 3364018.18; 507491.87, 3364016.04; 507493.28, 3364096.00; 507471.91, 3364095.49; 507455.13, 3364095.09; 507457.47, 3364243.37; 507529.64, 3364242.64; 507566.35, 3364269.51; 507830.21, 3364270.70; 507890.36, 3364270.81; 507890.10, 3364262.24; 507967.95, 3364261.12; 508038.94, 3364260.07.
(B)Map depicting Unit FL-3, Subunit B is provided at paragraph (6)(vii)(B) of this entry.
(vii)Unit FL-3, Subunit C: Santa Rosa County, Florida. From USGS 1:24,000 scale quadrangle map Navarre, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 516524.27, 3365506.24; 516614.06, 3365794.38; 516619.13, 3365768.07; 516719.88, 3365817.25; 516735.84, 3365826.31; 516744.39, 3365831.14; 516874.86, 3365831.13; 516879.33, 3365827.24; 516878.63, 3365813.17; 516883.46, 3365805.36; 516900.89, 3365796.54; 516929.88, 3365775.45; 516958.07, 3365759.62; 516979.85, 3365735.70; 516994.78, 3365720.87; 517001.14, 3365704.51; 517008.87, 3365686.20; 517014.29, 3365653.96; 517017.30, 3365612.41; 517019.98, 3365556.98; 517021.74, 3365512.09; 517032.24, 3365489.23; 517042.50, 3365475.60; 517057.95, 3365466.73; 517042.10, 3365402.56; 517026.34, 3365368.94; 517024.79, 3365359.93; 517026.56, 3365353.73; 517031.18, 3365347.99; 517059.28, 3365329.77; 517063.29, 3365325.79; 517065.23, 3365320.52; 517064.86, 3365314.91; 517062.23, 3365309.97; 517055.28, 3365301.88; 517050.92, 3365295.83; 517045.96, 3365285.82; 517043.24, 3365276.08; 517039.76, 3365257.17; 517035.61, 3365234.71; 517031.42, 3365212.25; 517027.22, 3365189.79; 517022.89, 3365166.84; 517018.06, 3365154.36; 517012.70, 3365146.64; 517006.03, 3365140.13; 516993.88, 3365133.00; 516975.29, 3365127.63; 516953.13, 3365121.74; 516930.79, 3365115.89; 516908.44, 3365110.03; 516886.77, 3365104.34; 516863.77, 3365097.23; 516854.53, 3365091.17; 516846.45, 3365082.43; 516843.18, 3365076.97; 516839.62, 3365067.62; 516797.67, 3365057.37; 516752.53, 3365046.60; 516732.46, 3365041.21; 516716.95, 3365036.33; 516701.44, 3365031.45; 516685.89, 3365026.57; 516656.30, 3365017.26; 516606.14, 3364999.47; 516567.77, 3365025.84; 516552.88, 3365039.46; 516543.26, 3365047.07; 516537.86, 3365046.61; 516522.73, 3365045.31; 516507.60, 3365044.01; 516492.46, 3365042.72; 516464.55, 3365040.34; 516459.18, 3365038.47; 516434.23, 3365029.82; 516385.85, 3365014.06; 516347.70, 3365014.77; 516325.35, 3365015.20; 516309.78, 3365015.50; 516282.34, 3365016.10; 516255.12, 3365015.23; 516227.49, 3365017.30; 516200.05, 3365017.89; 516172.65, 3365018.48; 516145.21, 3365019.08; 516117.76, 3365019.68; 516090.36, 3365020.27; 516062.92, 3365020.87; 516033.95, 3365021.50; 515983.68, 3365022.59; 515983.31, 3365034.30; 515983.56, 3365125.46; 515983.59, 3365135.61; 516140.14, 3365133.60; 516177.33, 3365131.61; 516210.21, 3365116.20; 516239.31, 3365112.85; 516252.58, 3365116.07; 516265.20, 3365122.17; 516271.24, 3365136.22; 516273.03, 3365157.69; 516271.59, 3365178.29; 516271.13, 3365197.10; 516272.62, 3365214.12; 516272.74, 3365235.92; 516270.34, 3365253.04; 516263.95, 3365270.73; 516255.22, 3365323.47; 516250.15, 3365370.65; 516169.94, 3365371.07; 516084.15, 3365371.52; 515984.90, 3365372.04; 515985.04, 3365418.80; 515985.64, 3365438.67; 515985.79, 3365487.89; 515985.90, 3365523.80; 515986.24, 3365620.99; 515986.80, 3365640.85; 515987.01, 3365700.00; 515997.92, 3365699.87; 516023.61, 3365699.55; 516049.25, 3365699.22; 516074.90, 3365698.91; 516100.58, 3365698.59; 516125.69, 3365698.29; 516151.91, 3365697.97; 516177.56, 3365697.65; 516203.20, 3365697.34; 516228.88, 3365697.03; 516254.34, 3365696.52; 516312.23, 3365695.66; 516273.14, 3365827.54; 516376.04, 3365829.23; 516409.75, 3365829.34; 516418.20, 3365843.68; 516435.68, 3365873.59; 516451.35, 3365900.75; 516465.80, 3365926.13; 516478.16, 3365947.89; 516498.05, 3365958.21; 516511.93, 3365962.88; 516527.93, 3365968.28; 516543.50, 3365970.28; 516556.18, 3365959.98; 516567.94, 3365950.45; 516576.02, 3365939.68; 516591.33, 3365926.01; 516596.36, 3365899.82; 516599.89, 3365872.92; 516604.92, 3365846.75; 516607.51, 3365830.43; 516608.99, 3365820.69; 516614.06, 3365794.38.
(B)Map of Units FL-2 and FL-3 (Map 3) follows: BILLING CODE 4310-55-P EP07fe07.005 BILLING CODE 4310-55-C
(viii)Unit FL-4: Walton County, Florida. From USGS 1:24,000 scale quadrangle map Point Washington, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 587515.35, 3355152.48; 587506.79, 3355609.46; 587535.50, 3355609.10; 587564.13, 3355606.93; 587592.57, 3355602.97; 587620.71, 3355597.23; 587648.42, 3355589.74; 587675.62, 3355580.52; 587702.18, 3355569.61; 587728.00, 3355557.06; 587752.99, 3355542.90; 587777.03, 3355527.21; 587800.05, 3355510.04; 587821.94, 3355491.46; 587842.61, 3355471.54; 587862.00, 3355450.36; 587880.02, 3355428.01; 587896.60, 3355404.56; 587911.68, 3355380.13; 587925.19, 3355354.79; 587937.09, 3355328.66; 587947.32, 3355301.83; 587955.84, 3355274.41; 587962.63, 3355246.51; 587967.65, 3355218.24; 587970.89, 3355189.71; 587972.33, 3355161.03; 587971.96, 3355132.32; 587969.80, 3355103.69; 587965.84, 3355075.25; 587960.10, 3355047.12; 587952.61, 3355019.40; 587943.39, 3354992.21; 587932.48, 3354965.65; 587919.92, 3354939.82; 587905.77, 3354914.84; 587890.08, 3354890.79; 587872.91, 3354867.78; 587854.33, 3354845.89; 587834.41, 3354825.21; 587813.23, 3354805.82; 587790.87, 3354787.80; 587767.43, 3354771.22; 587743.00, 3354756.14; 587717.66, 3354742.63; 587691.53, 3354730.74; 587664.70, 3354720.51; 587637.28, 3354711.98; 587609.38, 3354705.19; 587581.11, 3354700.17; 587552.58, 3354696.94; 587523.90, 3354695.50; 587495.19, 3354695.86; 587466.56, 3354698.03; 587438.12, 3354701.99; 587409.99, 3354707.73; 587382.27, 3354715.22; 587355.07, 3354724.44; 587328.51, 3354735.35; 587302.69, 3354747.90; 587277.71, 3354762.05; 587253.66, 3354777.74; 587230.65, 3354794.91; 587208.76, 3354813.50; 587188.08, 3354833.42; 587168.69, 3354854.60; 587150.67, 3354876.95; 587134.09, 3354900.39; 587119.01, 3354924.83; 587105.50, 3354950.16; 587093.61, 3354976.30; 587083.38, 3355003.13; 587074.85, 3355030.54; 587068.06, 3355058.44; 587063.04, 3355086.72; 587059.80, 3355115.25; 587058.37, 3355143.92; 587058.73, 3355172.63; 587060.90, 3355201.27; 587064.86, 3355229.70; 587070.59, 3355257.84; 587078.09, 3355285.56; 587087.31, 3355312.75; 587098.21, 3355339.31; 587110.77, 3355365.13; 587124.92, 3355390.12; 587140.61, 3355414.16; 587157.78, 3355437.18; 587176.36, 3355459.07; 587196.28, 3355479.75; 587217.46, 3355499.13; 587239.82, 3355517.15; 587263.26, 3355533.74; 587287.70, 3355548.81; 587313.03, 3355562.32; 587339.17, 3355574.22; 587365.99, 3355584.45; 587393.41, 3355592.97; 587421.31, 3355599.76; 587449.58, 3355604.78; 587478.11, 3355608.02; 587506.79, 3355609.46.
(B)Map depicting Unit FL-4 is provided at paragraph (6)(xiii)(B) of this entry.
(ix)Unit FL-5, Subunit A: Walton County, Florida. From USGS 1:24,000 scale quadrangle map Bruce, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 601647.75, 3373576.77; 601493.33, 3374109.03; 601522.04, 3374108.60; 601550.67, 3374106.38; 601579.10, 3374102.36; 601607.23, 3374096.56; 601634.93, 3374089.01; 601662.11, 3374079.74; 601688.65, 3374068.77; 601714.44, 3374056.17; 601739.40, 3374041.96; 601763.41, 3374026.22; 601786.39, 3374009.00; 601808.25, 3373990.37; 601828.89, 3373970.41; 601848.23, 3373949.19; 601866.21, 3373926.80; 601882.74, 3373903.32; 601897.76, 3373878.85; 601911.23, 3373853.49; 601923.07, 3373827.33; 601933.24, 3373800.48; 601941.71, 3373773.04; 601948.44, 3373745.13; 601953.40, 3373716.84; 601956.58, 3373688.31; 601957.96, 3373659.62; 601957.54, 3373630.91; 601955.31, 3373602.29; 601951.29, 3373573.85; 601945.50, 3373545.73; 601937.95, 3373518.03; 601932.81, 3373498.30; 602077.97, 3373412.75; 602148.71, 3373370.38; 602189.04, 3373346.29; 602226.02, 3373324.08; 602242.81, 3373314.59; 602251.57, 3373308.87; 602249.73, 3373302.87; 602248.52, 3373298.22; 602244.07, 3373290.84; 602232.30, 3373285.25; 602226.49, 3373279.16; 602219.36, 3373273.03; 602212.40, 3373260.30; 602203.50, 3373245.54; 602189.89, 3373207.54; 602185.07, 3373188.25; 602182.00, 3373178.92; 602174.92, 3373170.82; 602167.16, 3373163.35; 602161.52, 3373150.66; 602159.44, 3373128.14; 602152.20, 3373073.77; 602147.72, 3373041.28; 602068.26, 3373014.83; 602046.87, 3372996.45; 602018.93, 3372975.27; 601977.95, 3372972.42; 601920.70, 3372984.20; 601893.12, 3373001.35; 601867.36, 3373025.15; 601844.26, 3373048.36; 601816.50, 3373072.78; 601799.99, 3373071.04; 601789.68, 3373059.55; 601764.95, 3373042.41; 601751.13, 3373012.99; 601725.10, 3372994.49; 601700.34, 3373005.10; 601680.55, 3373028.40; 601659.92, 3373058.94; 601630.17, 3373083.30; 601595.72, 3373083.76; 601568.63, 3373081.76; 601562.85, 3373153.48; 601546.32, 3373152.40; 601512.87, 3373139.67; 601482.57, 3373133.62; 601457.54, 3373128.37; 601443.06, 3373124.70; 601441.20, 3373198.67; 601422.79, 3373201.67; 601394.66, 3373207.46; 601366.96, 3373215.01; 601339.78, 3373224.29; 601313.25, 3373235.25; 601287.45, 3373247.86; 601262.49, 3373262.06; 601238.48, 3373277.81; 601215.50, 3373295.02; 601193.65, 3373313.65; 601173.01, 3373333.62; 601153.66, 3373354.84; 601135.69, 3373377.23; 601119.15, 3373400.70; 601104.13, 3373425.17; 601090.67, 3373450.54; 601078.83, 3373476.70; 601068.65, 3373503.55; 601060.18, 3373530.98; 601053.45, 3373558.90; 601048.49, 3373587.18; 601045.31, 3373615.72; 601043.93, 3373644.40; 601044.35, 3373673.11; 601046.58, 3373701.74; 601050.60, 3373730.17; 601056.39, 3373758.30; 601063.95, 3373786.00; 601073.22, 3373813.17; 601084.18, 3373839.71; 601096.79, 3373865.51; 601111.00, 3373890.47; 601126.74, 3373914.48; 601143.96, 3373937.46; 601162.58, 3373959.31; 601182.55, 3373979.95; 601203.77, 3373999.30; 601226.16, 3374017.27; 601249.64, 3374033.81; 601274.11, 3374048.83; 601299.47, 3374062.29; 601325.63, 3374074.13; 601352.48, 3374084.31; 601379.92, 3374092.78; 601407.83, 3374099.51; 601436.11, 3374104.47; 601464.65, 3374107.65; 601493.33, 3374109.03.
(B)Map depicting Unit FL-5, Subunit A is provided at paragraph (6)(xiii)(B) of this entry.
(x)Unit FL-5, Subunit B: Washington County, Florida. From USGS 1:24,000 scale quadrangle map Bruce, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 607444.16, 3365585.74; 607435.59, 3366042.75; 607464.30, 3366042.38; 607492.93, 3366040.22; 607521.37, 3366036.26; 607549.51, 3366030.52; 607577.23, 3366023.03; 607604.42, 3366013.81; 607630.98, 3366002.90; 607656.81, 3365990.35; 607681.79, 3365976.20; 607705.84, 3365960.50; 607728.86, 3365943.33; 607750.75, 3365924.75; 607771.43, 3365904.83; 607790.82, 3365883.65; 607808.84, 3365861.30; 607825.42, 3365837.85; 607840.50, 3365813.42; 607854.02, 3365788.08; 607865.91, 3365761.94; 607876.14, 3365735.11; 607884.67, 3365707.70; 607891.46, 3365679.79; 607896.48, 3365651.52; 607899.72, 3365622.99; 607901.16, 3365594.31; 607900.79, 3365565.60; 607898.63, 3365536.97; 607894.67, 3365508.53; 607888.93, 3365480.39; 607881.44, 3365452.67; 607872.22, 3365425.48; 607861.31, 3365398.91; 607848.76, 3365373.09; 607834.61, 3365348.10; 607818.91, 3365324.06; 607801.74, 3365301.04; 607783.16, 3365279.15; 607763.24, 3365258.47; 607742.06, 3365239.08; 607719.71, 3365221.06; 607696.26, 3365204.48; 607671.83, 3365189.40; 607646.49, 3365175.88; 607620.36, 3365163.99; 607593.53, 3365153.76; 607566.11, 3365145.23; 607538.21, 3365138.44; 607509.93, 3365133.42; 607481.40, 3365130.18; 607452.72, 3365128.74; 607424.01, 3365129.11; 607395.38, 3365131.27; 607366.94, 3365135.23; 607338.80, 3365140.97; 607311.08, 3365148.46; 607283.89, 3365157.68; 607257.33, 3365168.59; 607231.50, 3365181.14; 607206.52, 3365195.29; 607182.47, 3365210.99; 607159.45, 3365228.16; 607137.56, 3365246.74; 607116.88, 3365266.66; 607097.49, 3365287.84; 607079.47, 3365310.19; 607062.89, 3365333.64; 607047.81, 3365358.07; 607034.30, 3365383.41; 607022.40, 3365409.54; 607012.17, 3365436.37; 607003.64, 3365463.79; 606996.85, 3365491.69; 606991.83, 3365519.97; 606988.59, 3365548.50; 606987.15, 3365577.18; 606987.52, 3365605.89; 606989.68, 3365634.52; 606993.64, 3365662.96; 606999.38, 3365691.10; 607006.87, 3365718.82; 607016.09, 3365746.01; 607027.00, 3365772.57; 607039.55, 3365798.40; 607053.70, 3365823.38; 607069.40, 3365847.43; 607086.57, 3365870.45; 607105.15, 3365892.34; 607125.07, 3365913.02; 607146.25, 3365932.41; 607168.60, 3365950.43; 607192.05, 3365967.01; 607216.48, 3365982.09; 607241.82, 3365995.60; 607267.95, 3366007.50; 607294.78, 3366017.73; 607322.20, 3366026.26; 607350.10, 3366033.05; 607378.38, 3366038.07; 607406.91, 3366041.31; 607435.59, 3366042.75.
(B)Map depicting Unit FL-5, Subunit B is provided at paragraph (6)(xiii)(B) of this entry.
(xi)Unit FL-6, Subunit A: Holmes County, Florida. From USGS 1:24,000 scale quadrangle map Bonifay, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 630429.91, 3415116.39; 630422.24, 3415573.43; 630450.95, 3415573.01; 630479.58, 3415570.79; 630508.01, 3415566.77; 630536.14, 3415560.98; 630563.84, 3415553.43; 630591.02, 3415544.16; 630617.56, 3415533.20; 630643.36, 3415520.59; 630668.32, 3415506.39; 630692.34, 3415490.65; 630715.32, 3415473.44; 630737.18, 3415454.81; 630757.82, 3415434.85; 630777.17, 3415413.63; 630795.15, 3415391.24; 630811.68, 3415367.76; 630826.71, 3415343.29; 630840.18, 3415317.93; 630852.02, 3415291.77; 630862.20, 3415264.92; 630870.67, 3415237.48; 630877.41, 3415209.57; 630882.38, 3415181.28; 630885.56, 3415152.74; 630886.94, 3415124.06; 630886.52, 3415095.35; 630884.30, 3415066.72; 630880.28, 3415038.28; 630874.49, 3415010.16; 630866.94, 3414982.45; 630857.67, 3414955.27; 630846.71, 3414928.73; 630834.11, 3414902.93; 630819.91, 3414877.97; 630804.17, 3414853.95; 630786.95, 3414830.97; 630768.32, 3414809.11; 630748.36, 3414788.47; 630727.15, 3414769.12; 630704.75, 3414751.14; 630681.28, 3414734.60; 630656.81, 3414719.57; 630631.45, 3414706.11; 630605.29, 3414694.26; 630578.44, 3414684.08; 630551.00, 3414675.61; 630523.09, 3414668.88; 630494.81, 3414663.91; 630466.27, 3414660.73; 630437.59, 3414659.34; 630408.87, 3414659.76; 630380.24, 3414661.99; 630351.81, 3414666.00; 630323.69, 3414671.79; 630295.98, 3414679.34; 630268.80, 3414688.61; 630242.26, 3414699.58; 630216.46, 3414712.18; 630191.50, 3414726.38; 630167.49, 3414742.12; 630144.51, 3414759.34; 630122.65, 3414777.97; 630102.01, 3414797.93; 630082.66, 3414819.15; 630064.68, 3414841.54; 630048.14, 3414865.01; 630033.11, 3414889.48; 630019.65, 3414914.85; 630007.80, 3414941.01; 629997.63, 3414967.86; 629989.15, 3414995.29; 629982.42, 3415023.21; 629977.45, 3415051.49; 629974.27, 3415080.03; 629972.89, 3415108.72; 629973.31, 3415137.43; 629975.53, 3415166.06; 629979.54, 3415194.49; 629985.34, 3415222.62; 629992.88, 3415250.32; 630002.16, 3415277.50; 630013.12, 3415304.04; 630025.72, 3415329.85; 630039.92, 3415354.81; 630055.66, 3415378.82; 630072.88, 3415401.81; 630091.50, 3415423.66; 630111.46, 3415444.31; 630132.68, 3415463.65; 630155.07, 3415481.63; 630178.55, 3415498.17; 630203.02, 3415513.20; 630228.38, 3415526.67; 630254.54, 3415538.51; 630281.39, 3415548.69; 630308.82, 3415557.16; 630336.74, 3415563.90; 630365.02, 3415568.87; 630393.56, 3415572.05; 630422.24, 3415573.43.
(B)Map depicting Unit FL-6, Subunit A is provided at paragraph (6)(xiii)(B) of this entry.
(xii)Unit FL-6, Subunit B: Washington County, Florida. From USGS 1:24,000 quadrangle map Hinsons Crossroads, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 619116.72, 3390830.14; 619109.08, 3391287.18; 619137.79, 3391286.76; 619166.42, 3391284.53; 619194.85, 3391280.51; 619222.98, 3391274.72; 619250.69, 3391267.17; 619277.86, 3391257.89; 619304.40, 3391246.93; 619330.20, 3391234.32; 619355.16, 3391220.12; 619379.18, 3391204.38; 619402.16, 3391187.16; 619424.01, 3391168.53; 619444.65, 3391148.57; 619464.00, 3391127.35; 619481.98, 3391104.96; 619498.51, 3391081.48; 619513.54, 3391057.01; 619527.00, 3391031.65; 619538.85, 3391005.49; 619549.02, 3390978.64; 619557.49, 3390951.20; 619564.22, 3390923.28; 619569.19, 3390895.00; 619572.37, 3390866.46; 619573.75, 3390837.78; 619573.33, 3390809.06; 619571.10, 3390780.44; 619567.09, 3390752.00; 619561.29, 3390723.88; 619553.74, 3390696.17; 619544.47, 3390669.00; 619533.50, 3390642.45; 619520.90, 3390616.65; 619506.69, 3390591.70; 619490.95, 3390567.68; 619473.73, 3390544.70; 619455.11, 3390522.85; 619435.14, 3390502.20; 619413.92, 3390482.86; 619391.53, 3390464.88; 619368.05, 3390448.35; 619343.58, 3390433.32; 619318.22, 3390419.85; 619292.06, 3390408.01; 619265.21, 3390397.83; 619237.77, 3390389.36; 619209.85, 3390382.63; 619181.57, 3390377.67; 619153.03, 3390374.49; 619124.35, 3390373.11; 619095.64, 3390373.53; 619067.01, 3390375.75; 619038.57, 3390379.77; 619010.45, 3390385.57; 618982.74, 3390393.12; 618955.57, 3390402.39; 618929.03, 3390413.35; 618903.23, 3390425.96; 618878.27, 3390440.16; 618854.25, 3390455.91; 618831.27, 3390473.12; 618809.42, 3390491.75; 618788.78, 3390511.71; 618769.43, 3390532.93; 618751.45, 3390555.33; 618734.92, 3390578.80; 618719.89, 3390603.27; 618706.43, 3390628.64; 618694.58, 3390654.80; 618684.41, 3390681.65; 618675.94, 3390709.09; 618669.20, 3390737.00; 618664.24, 3390765.29; 618661.06, 3390793.83; 618659.68, 3390822.51; 618660.10, 3390851.22; 618662.33, 3390879.85; 618666.34, 3390908.28; 618672.14, 3390936.41; 618679.69, 3390964.11; 618688.96, 3390991.29; 618699.93, 3391017.83; 618712.53, 3391043.63; 618726.74, 3391068.59; 618742.48, 3391092.60; 618759.70, 3391115.59; 618778.32, 3391137.44; 618798.29, 3391158.08; 618819.51, 3391177.43; 618841.90, 3391195.40; 618865.38, 3391211.94; 618889.85, 3391226.97; 618915.21, 3391240.43; 618941.37, 3391252.27; 618968.22, 3391262.45; 618995.66, 3391270.92; 619023.57, 3391277.65; 619051.86, 3391282.62; 619080.40, 3391285.80; 619109.08, 3391287.18.
(B)Map depicting Unit FL-6, Subunit B is provided at paragraph (6)(xiii)(B) of this entry.
(xiii)Unit FL-6, Subunit C: Washington County, Florida. From USGS 1:24,000 quadrangle map Millers Ferry, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 618603.41, 3387429.45; 618699.68, 3387966.18; 618708.26, 3387969.49; 618723.71, 3387970.50; 618726.33, 3387965.00; 618725.78, 3387937.80; 618728.76, 3387918.09; 618732.40, 3387896.55; 618738.22, 3387886.81; 618755.97, 3387870.57; 618776.73, 3387857.50; 618803.06, 3387844.57; 618839.32, 3387830.66; 618872.53, 3387815.43; 618904.43, 3387802.63; 618918.85, 3387795.58; 618926.43, 3387789.59; 618930.96, 3387781.67; 618931.79, 3387748.94; 618930.13, 3387716.76; 618932.43, 3387674.79; 618932.53, 3387646.37; 618934.03, 3387611.79; 618948.87, 3387588.07; 618962.97, 3387569.26; 618980.28, 3387545.60; 618995.92, 3387515.09; 619007.01, 3387492.50; 619018.24, 3387464.98; 619025.65, 3387441.06; 619035.64, 3387413.50; 619042.95, 3387393.91; 619052.14, 3387373.13; 619059.11, 3387348.17; 619055.09, 3387319.74; 619049.30, 3387291.61; 619041.75, 3387263.91; 619032.48, 3387236.73; 619021.51, 3387210.19; 619008.91, 3387184.39; 618994.70, 3387159.43; 618978.96, 3387135.42; 618961.74, 3387112.44; 618943.12, 3387090.58; 618923.15, 3387069.94; 618901.93, 3387050.59; 618879.54, 3387032.62; 618856.06, 3387016.08; 618831.60, 3387001.05; 618806.23, 3386987.59; 618780.07, 3386975.75; 618753.22, 3386965.57; 618725.78, 3386957.10; 618697.87, 3386950.37; 618669.59, 3386945.41; 618641.05, 3386942.23; 618612.37, 3386940.85; 618583.65, 3386941.27; 618555.02, 3386943.49; 618526.59, 3386947.51; 618498.47, 3386953.31; 618470.76, 3386960.86; 618443.59, 3386970.13; 618417.05, 3386981.10; 618391.25, 3386993.70; 618366.29, 3387007.91; 618342.28, 3387023.65; 618319.30, 3387040.87; 618297.44, 3387059.49; 618276.80, 3387079.46; 618257.46, 3387100.68; 618239.48, 3387123.07; 618222.95, 3387146.55; 618207.92, 3387171.02; 618194.46, 3387196.38; 618182.61, 3387222.54; 618172.44, 3387249.39; 618163.97, 3387276.83; 618157.24, 3387304.75; 618152.27, 3387333.03; 618149.09, 3387361.57; 618147.71, 3387390.25; 618148.13, 3387418.97; 618150.36, 3387447.59; 618154.38, 3387476.03; 618160.17, 3387504.15; 618167.72, 3387531.86; 618177.00, 3387559.03; 618187.96, 3387585.58; 618200.57, 3387611.37; 618214.77, 3387636.33; 618230.51, 3387660.35; 618247.73, 3387683.33; 618266.36, 3387705.18; 618286.32, 3387725.82; 618307.54, 3387745.17; 618329.93, 3387763.15; 618353.41, 3387779.68; 618377.88, 3387794.71; 618403.24, 3387808.17; 618429.40, 3387820.02; 618456.25, 3387830.19; 618483.69, 3387838.66; 618511.60, 3387845.39; 618552.33, 3387867.90; 618598.24, 3387912.94; 618635.11, 3387948.48; 618647.90, 3387956.84; 618666.90, 3387964.74; 618689.14, 3387966.53; 618699.68, 3387966.18.
(B)Map of Units FL-4, FL-5, and FL-6 (Map 4) follows: BILLING CODE 4310-55-P EP07FE07.006 BILLING CODE 4310-55-C
(xiv)Unit FL-7, Subunit A: Jackson County, Florida. From USGS 1:24,000 quadrangle map Cottondale West, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 652835.14, 3407158.35; 652861.06, 3407462.20; 652926.44, 3407468.50; 652983.24, 3407473.93; 653013.53, 3407480.65; 653102.73, 3407487.57; 653220.85, 3407503.16; 653213.54, 3407478.51; 653208.06, 3407459.86; 653203.98, 3407437.94; 653198.50, 3407419.28; 653188.65, 3407390.60; 653180.13, 3407361.30; 653173.97, 3407343.29; 653172.95, 3407331.36; 653175.84, 3407322.18; 653182.86, 3407306.49; 653196.77, 3407280.41; 653209.97, 3407256.28; 653225.16, 3407232.21; 653240.92, 3407211.46; 653254.75, 3407188.68; 653269.91, 3407165.27; 653285.84, 3407137.91; 653302.44, 3407110.57; 653319.71, 3407082.58; 653334.40, 3407051.89; 653354.94, 3407025.31; 653370.79, 3407001.25; 653387.81, 3406983.18; 653410.30, 3406957.97; 653436.67, 3406936.83; 653465.05, 3406914.42; 653479.59, 3406894.17; 653572.80, 3406719.38; 653636.15, 3406632.42; 653038.02, 3406583.61; 653039.18, 3406691.92; 653028.57, 3406721.18; 653006.55, 3406734.40; 652986.39, 3406751.60; 652981.54, 3406786.91; 652980.43, 3406830.19; 652979.67, 3406859.70; 652965.63, 3406869.19; 652941.78, 3406876.45; 652916.11, 3406877.76; 652884.59, 3406876.95; 652859.18, 3406868.42; 652831.89, 3406855.91; 652800.52, 3406849.20; 652767.02, 3406848.34; 652747.17, 3406853.74; 652732.87, 3406873.06; 652724.33, 3406898.44; 652743.83, 3406906.81; 652763.39, 3406913.22; 652758.74, 3406940.66; 652753.99, 3406972.04; 652760.86, 3407011.59; 652764.09, 3407039.23; 652761.57, 3407060.82; 652749.49, 3407070.36; 652725.65, 3407077.62; 652709.68, 3407085.09; 652701.20, 3407108.49; 652698.57, 3407134.02; 652696.09, 3407153.64; 652674.12, 3407164.89; 652656.23, 3407170.34; 652642.04, 3407185.72; 652620.14, 3407175.05; 652594.55, 3407165.80; 652583.46, 3407159.57; 652578.33, 3407152.82; 652573.28, 3407143.44; 652569.58, 3407132.77; 652565.24, 3407121.42; 652555.67, 3407107.29; 652545.45, 3407092.48; 652535.85, 3407079.68; 652526.16, 3407070.17; 652517.58, 3407069.29; 652507.43, 3407077.62; 652495.88, 3407089.23; 652486.90, 3407103.54; 652483.22, 3407117.99; 652480.80, 3407135.12; 652478.24, 3407157.53; 652480.37, 3407177.42; 652480.51, 3407197.92; 652475.78, 3407201.76; 652465.72, 3407206.79; 652458.25, 3407213.87; 652449.33, 3407226.21; 652438.04, 3407227.24; 652428.85, 3407224.36; 652417.75, 3407218.12; 652411.37, 3407208.70; 652407.64, 3407199.35; 652404.20, 3407178.77; 652402.01, 3407160.86; 652397.94, 3407138.94; 652395.00, 3407124.32; 652386.76, 3407110.23; 652373.71, 3407102.62; 652360.44, 3407103.60; 652343.53, 3407117.72; 652333.43, 3407124.07; 652322.15, 3407125.10; 652314.14, 3407127.54; 652305.95, 3407137.25; 652296.58, 3407140.97; 652287.20, 3407145.36; 652274.56, 3407147.68; 652268.06, 3407142.89; 652261.53, 3407139.41; 652255.03, 3407134.62; 652248.60, 3407127.18; 652243.50, 3407119.78; 652238.44, 3407110.39; 652237.44, 3407097.81; 652241.12, 3407083.36; 652242.82, 3407068.86; 652245.24, 3407051.73; 652244.24, 3407039.14; 652236.01, 3407024.39; 652221.05, 3407014.09; 652203.25, 3407010.99; 652190.56, 3407015.29; 652182.47, 3407021.03; 652175.50, 3407034.74; 652172.53, 3407047.22; 652173.53, 3407059.81; 652170.75, 3407065.03; 652164.64, 3407070.82; 652155.26, 3407075.21; 652145.32, 3407075.61; 652133.44, 3407073.99; 652119.02, 3407068.33; 652106.60, 3407062.06; 652100.97, 3407049.36; 652097.32, 3407036.70; 652077.38, 3407039.50; 652052.56, 3407052.08; 652042.52, 3407056.45; 652034.12, 3407074.09; 652048.98, 3407088.35; 652061.11, 3407105.85; 652085.32, 3407117.05; 652106.16, 3407130.80; 652105.19, 3407142.68; 652106.02, 3407161.87; 652112.91, 3407177.25; 652135.31, 3407181.79; 652182.83, 3407187.64; 652215.86, 3407190.47; 652257.41, 3407196.82; 652295.04, 3407201.09; 652314.35, 3407205.65; 652308.49, 3407218.63; 652292.89, 3407233.43; 652266.52, 3407254.57; 652238.70, 3407280.96; 652220.19, 3407305.61; 652212.44, 3407323.92; 652210.01, 3407341.05; 652209.77, 3407350.30; 652210.11, 3407362.87; 652213.26, 3407375.54; 652299.80, 3407383.66; 652374.80, 3407395.52; 652472.45, 3407408.60; 652594.12, 3407426.43; 652663.66, 3407439.95; 652719.80, 3407445.35; 652756.73, 3407450.93; 652822.76, 3407457.91; 652861.06, 3407462.20.
(B)Map depicting Unit FL-7, Subunit A is provided at paragraph (6)(xix)(B) of this entry.
(xv)Unit FL-7, Subunit B: Jackson County, Florida. From USGS 1:24,000 scale quadrangle map Oakdale, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 674995.60, 3401690.28; 673875.85, 3402158.93; 674341.17, 3402164.28; 674675.84, 3402154.41; 674910.48, 3402162.13; 675034.90, 3402087.99; 675083.93, 3402061.49; 675233.86, 3401974.12; 675401.89, 3401877.97; 675485.18, 3401832.51; 675531.62, 3401803.30; 675583.62, 3401764.31; 675781.28, 3401546.61; 675851.43, 3401471.73; 675878.14, 3401437.38; 675932.68, 3401376.64; 675959.66, 3401349.36; 675970.87, 3401333.99; 675981.97, 3401314.44; 676115.36, 3401200.87; 676086.59, 3401161.12; 676052.69, 3401114.62; 676041.90, 3401096.49; 676016.12, 3401069.38; 675998.03, 3401051.73; 675964.86, 3401028.39; 675934.93, 3401007.79; 675918.10, 3400992.81; 675908.38, 3400984.62; 675897.49, 3400970.46; 675889.97, 3400953.73; 675879.31, 3400879.41; 675844.53, 3400893.06; 675327.40, 3401121.69; 674861.39, 3401328.81; 674684.03, 3401401.59; 674391.31, 3401530.89; 673876.29, 3401753.54; 673877.85, 3402081.41; 673875.85, 3402158.93.
(B)Map depicting Unit FL-7, Subunit B is provided at paragraph (6)(xix)(B) of this entry.
(xvi)Unit FL-7, Subunit C: Jackson County, Florida. From USGS 1:24,000 scale quadrangle map Cypress, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 683829.73, 3393074.70; 684023.32, 3393574.80; 684052.04, 3393574.38; 684080.68, 3393572.16; 684109.12, 3393568.14; 684137.25, 3393562.34; 684164.96, 3393554.79; 684192.15, 3393545.52; 684218.69, 3393534.55; 684244.50, 3393521.94; 684269.46, 3393507.74; 684293.49, 3393491.99; 684316.47, 3393474.77; 684338.33, 3393456.14; 684358.98, 3393436.17; 684378.33, 3393414.95; 684396.32, 3393392.55; 684412.86, 3393369.07; 684427.89, 3393344.60; 684441.36, 3393319.23; 684453.20, 3393293.06; 684463.38, 3393266.20; 684471.86, 3393238.76; 684478.59, 3393210.84; 684483.56, 3393182.55; 684486.74, 3393154.00; 684488.12, 3393125.31; 684487.70, 3393096.59; 684485.48, 3393067.96; 684481.46, 3393039.52; 684475.66, 3393011.38; 684468.11, 3392983.67; 684458.84, 3392956.49; 684447.87, 3392929.94; 684435.27, 3392904.13; 684421.06, 3392879.17; 684405.32, 3392855.15; 684388.09, 3392832.16; 684369.46, 3392810.30; 684349.50, 3392789.65; 684328.27, 3392770.30; 684305.87, 3392752.32; 684282.39, 3392735.78; 684257.92, 3392720.75; 684232.55, 3392707.28; 684206.38, 3392695.43; 684179.52, 3392685.25; 684152.08, 3392676.78; 684124.16, 3392670.04; 684095.87, 3392665.08; 684067.32, 3392661.89; 684038.63, 3392660.51; 684009.91, 3392660.93; 683981.28, 3392663.16; 683966.02, 3392656.75; 683947.05, 3392647.66; 683923.43, 3392639.12; 683903.85, 3392628.04; 683886.86, 3392619.00; 683867.12, 3392613.87; 683843.82, 3392618.55; 683819.20, 3392623.21; 683789.11, 3392634.33; 683770.46, 3392638.47; 683744.30, 3392651.02; 683720.12, 3392664.28; 683706.10, 3392668.55; 683685.47, 3392672.64; 683658.43, 3392667.97; 683632.03, 3392664.65; 683606.95, 3392661.36; 683585.89, 3392656.18; 683542.11, 3392633.24; 683512.11, 3392615.27; 683479.46, 3392597.24; 683450.00, 3392583.92; 683423.91, 3392568.70; 683385.42, 3392545.89; 683371.14, 3392534.94; 683348.35, 3392519.81; 683332.69, 3392510.81; 683315.62, 3392505.08; 683294.59, 3392498.59; 683272.28, 3392490.74; 683253.15, 3392487.60; 683203.24, 3392496.89; 683207.64, 3392582.95; 683209.99, 3392696.72; 683212.45, 3392729.84; 683218.34, 3392783.54; 683218.66, 3392796.77; 683214.15, 3392817.81; 683194.50, 3392886.06; 683182.83, 3392927.40; 683174.68, 3392960.91; 683171.34, 3392987.93; 683171.38, 3393011.73; 683174.93, 3393028.35; 683181.19, 3393042.39; 683179.64, 3393050.95; 683179.13, 3393070.77; 683177.70, 3393100.48; 683176.50, 3393146.73; 683179.16, 3393171.92; 683183.14, 3393197.15; 683188.54, 3393219.10; 683190.03, 3393238.31; 683189.67, 3393252.19; 683214.05, 3393256.78; 683227.92, 3393258.46; 683266.03, 3393270.03; 683309.50, 3393279.08; 683347.79, 3393284.04; 683367.66, 3393283.89; 683389.34, 3393286.52; 683469.22, 3393300.40; 683524.08, 3393304.46; 683580.93, 3393308.57; 683593.71, 3393300.97; 683608.59, 3393292.07; 683614.08, 3393305.37; 683626.69, 3393331.18; 683640.90, 3393356.14; 683656.64, 3393380.17; 683673.86, 3393403.15; 683692.49, 3393425.01; 683712.46, 3393445.66; 683733.68, 3393465.01; 683756.08, 3393482.99; 683779.56, 3393499.53; 683804.04, 3393514.57; 683829.41, 3393528.03; 683855.57, 3393539.88; 683882.43, 3393550.06; 683909.88, 3393558.54; 683937.80, 3393565.27; 683966.09, 3393570.24; 683994.63, 3393573.42; 684023.32, 3393574.80.
(B)Map depicting Unit FL-7, Subunit C is provided at paragraph (6)(xix)(B) of this entry.
(xvii)Unit FL-8, Subunit A: Calhoun County, Florida. From USGS 1:24,000 scale quadrangle map Broad Branch, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 664818.75, 3351879.40; 664810.75, 3352336.50; 664839.47, 3352336.10; 664868.11, 3352333.90; 664896.55, 3352329.90; 664924.68, 3352324.13; 664952.40, 3352316.60; 664979.59, 3352307.34; 665006.14, 3352296.40; 665031.95, 3352283.81; 665056.93, 3352269.63; 665080.96, 3352253.90; 665103.96, 3352236.70; 665125.83, 3352218.08; 665146.49, 3352198.13; 665165.86, 3352176.93; 665183.85, 3352154.54; 665200.41, 3352131.08; 665215.46, 3352106.61; 665228.94, 3352081.26; 665240.81, 3352055.10; 665251.01, 3352028.25; 665259.50, 3352000.82; 665266.26, 3351972.90; 665271.25, 3351944.62; 665274.45, 3351916.08; 665275.85, 3351887.39; 665275.45, 3351858.67; 665273.25, 3351830.04; 665269.26, 3351801.60; 665263.48, 3351773.46; 665255.95, 3351745.75; 665246.70, 3351718.56; 665235.75, 3351692.00; 665223.16, 3351666.19; 665208.98, 3351641.22; 665193.25, 3351617.18; 665176.05, 3351594.19; 665157.44, 3351572.31; 665137.49, 3351551.65; 665116.28, 3351532.29; 665093.90, 3351514.29; 665070.43, 3351497.73; 665045.97, 3351482.68; 665020.61, 3351469.20; 664994.45, 3351457.33; 664967.61, 3351447.13; 664940.17, 3351438.64; 664912.26, 3351431.89; 664883.97, 3351426.90; 664855.43, 3351423.70; 664826.74, 3351422.29; 664798.03, 3351422.69; 664769.39, 3351424.89; 664740.95, 3351428.89; 664712.82, 3351434.66; 664685.10, 3351442.19; 664657.91, 3351451.45; 664631.36, 3351462.39; 664605.54, 3351474.98; 664580.57, 3351489.17; 664556.54, 3351504.89; 664533.54, 3351522.09; 664511.67, 3351540.71; 664491.01, 3351560.66; 664471.64, 3351581.87; 664453.64, 3351604.25; 664437.09, 3351627.72; 664422.04, 3351652.18; 664408.55, 3351677.53; 664396.69, 3351703.69; 664386.49, 3351730.54; 664377.99, 3351757.97; 664371.24, 3351785.89; 664366.25, 3351814.17; 664363.05, 3351842.71; 664361.65, 3351871.40; 664362.05, 3351900.12; 664364.25, 3351928.75; 664368.24, 3351957.19; 664374.02, 3351985.33; 664381.55, 3352013.04; 664390.80, 3352040.23; 664401.74, 3352066.79; 664414.33, 3352092.60; 664428.52, 3352117.57; 664444.24, 3352141.60; 664461.45, 3352164.60; 664480.06, 3352186.47; 664500.01, 3352207.14; 664521.22, 3352226.50; 664543.60, 3352244.50; 664567.07, 3352261.06; 664591.53, 3352276.11; 664616.89, 3352289.59; 664643.04, 3352301.46; 664669.89, 3352311.66; 664697.33, 3352320.15; 664725.24, 3352326.90; 664753.53, 3352331.89; 664782.07, 3352335.09; 664810.75, 3352336.50.
(B)Map depicting Unit FL-8, Subunit A is provided at paragraph (6)(xix)(B) of this entry. (xviii) Unit FL-8, Subunit B: Calhoun County, Florida. From USGS 1:24,000 scale quadrangle map Dead Lake, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 676286.61, 3346166.45; 676279.05, 3346623.58; 676307.77, 3346623.16; 676336.40, 3346620.93; 676364.84, 3346616.90; 676392.97, 3346611.10; 676420.68, 3346603.55; 676447.86, 3346594.27; 676474.40, 3346583.30; 676500.21, 3346570.68; 676525.17, 3346556.47; 676549.19, 3346540.72; 676572.17, 3346523.50; 676594.02, 3346504.86; 676614.67, 3346484.89; 676634.01, 3346463.66; 676651.99, 3346441.26; 676668.53, 3346417.78; 676683.55, 3346393.30; 676697.01, 3346367.93; 676708.85, 3346341.76; 676719.03, 3346314.90; 676727.50, 3346287.46; 676734.23, 3346259.54; 676739.19, 3346231.25; 676742.36, 3346202.70; 676743.74, 3346174.01; 676743.31, 3346145.29; 676741.08, 3346116.66; 676737.06, 3346088.22; 676731.26, 3346060.09; 676723.70, 3346032.38; 676714.42, 3346005.20; 676703.45, 3345978.66; 676690.84, 3345952.85; 676676.63, 3345927.89; 676660.88, 3345903.87; 676643.65, 3345880.89; 676625.02, 3345859.04; 676605.05, 3345838.39; 676583.82, 3345819.05; 676561.42, 3345801.07; 676537.93, 3345784.54; 676513.46, 3345769.51; 676488.08, 3345756.05; 676461.92, 3345744.21; 676435.06, 3345734.03; 676407.61, 3345725.56; 676379.69, 3345718.84; 676351.40, 3345713.87; 676322.86, 3345710.70; 676294.17, 3345709.32; 676265.45, 3345709.75; 676236.81, 3345711.98; 676208.37, 3345716.00; 676180.25, 3345721.80; 676152.54, 3345729.36; 676125.35, 3345738.64; 676098.81, 3345749.61; 676073.01, 3345762.22; 676048.05, 3345776.43; 676024.03, 3345792.18; 676001.05, 3345809.41; 675979.19, 3345828.04; 675958.55, 3345848.02; 675939.20, 3345869.24; 675921.22, 3345891.64; 675904.69, 3345915.13; 675889.66, 3345939.60; 675876.20, 3345964.98; 675864.36, 3345991.14; 675854.19, 3346018.00; 675845.72, 3346045.45; 675838.99, 3346073.37; 675834.03, 3346101.66; 675830.85, 3346130.21; 675829.48, 3346158.89; 675829.90, 3346187.61; 675832.13, 3346216.25; 675836.16, 3346244.69; 675841.96, 3346272.81; 675849.51, 3346300.52; 675858.79, 3346327.71; 675869.76, 3346354.25; 675882.38, 3346380.05; 675896.59, 3346405.01; 675912.34, 3346429.03; 675929.56, 3346452.01; 675948.20, 3346473.87; 675968.17, 3346494.51; 675989.40, 3346513.86; 676011.80, 3346531.84; 676035.28, 3346548.37; 676059.76, 3346563.40; 676085.13, 3346576.86; 676111.30, 3346588.70; 676138.16, 3346598.87; 676165.60, 3346607.34; 676193.52, 3346614.07; 676221.81, 3346619.03; 676250.36, 3346622.21; 676279.05, 3346623.58.
(B)Map depicting Unit FL-8, Subunit B is provided at paragraph (6)(xix)(B) of this entry.
(xix)Unit FL-8, Subunit C: Calhoun County, Florida. From USGS 1:24,000 scale quadrangle map Dead Lake, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 679287.57, 3347164.59; 679280.01, 3347621.72; 679308.73, 3347621.30; 679337.37, 3347619.07; 679365.80, 3347615.04; 679393.93, 3347609.24; 679421.65, 3347601.69; 679448.83, 3347592.40; 679475.37, 3347581.44; 679501.17, 3347568.82; 679526.14, 3347554.61; 679550.15, 3347538.86; 679573.14, 3347521.64; 679594.99, 3347503.00; 679615.64, 3347483.03; 679634.98, 3347461.80; 679652.96, 3347439.40; 679669.50, 3347415.92; 679684.52, 3347391.44; 679697.98, 3347366.07; 679709.83, 3347339.90; 679720.00, 3347313.04; 679728.47, 3347285.59; 679735.20, 3347257.67; 679740.16, 3347229.38; 679743.33, 3347200.84; 679744.71, 3347172.15; 679744.28, 3347143.43; 679742.05, 3347114.79; 679738.03, 3347086.35; 679732.23, 3347058.22; 679724.67, 3347030.51; 679715.39, 3347003.33; 679704.42, 3346976.79; 679691.81, 3346950.98; 679677.60, 3346926.02; 679661.85, 3346902.00; 679644.62, 3346879.02; 679625.99, 3346857.16; 679606.02, 3346836.52; 679584.79, 3346817.17; 679562.39, 3346799.20; 679538.90, 3346782.66; 679514.43, 3346767.63; 679489.05, 3346754.17; 679462.89, 3346742.33; 679436.03, 3346732.16; 679408.58, 3346723.69; 679380.66, 3346716.96; 679352.37, 3346712.00; 679323.82, 3346708.82; 679295.13, 3346707.45; 679266.42, 3346707.88; 679237.78, 3346710.10; 679209.34, 3346714.13; 679181.21, 3346719.93; 679153.50, 3346727.49; 679126.32, 3346736.77; 679099.77, 3346747.74; 679073.97, 3346760.35; 679049.01, 3346774.56; 679024.99, 3346790.31; 679002.01, 3346807.54; 678980.15, 3346826.17; 678959.51, 3346846.14; 678940.16, 3346867.37; 678922.19, 3346889.77; 678905.65, 3346913.25; 678890.62, 3346937.73; 678877.16, 3346963.10; 678865.32, 3346989.27; 678855.15, 3347016.13; 678846.68, 3347043.58; 678839.95, 3347071.50; 678834.99, 3347099.79; 678831.81, 3347128.34; 678830.44, 3347157.02; 678830.86, 3347185.74; 678833.09, 3347214.38; 678837.12, 3347242.82; 678842.92, 3347270.95; 678850.47, 3347298.66; 678859.75, 3347325.84; 678870.72, 3347352.38; 678883.34, 3347378.19; 678897.55, 3347403.15; 678913.30, 3347427.17; 678930.52, 3347450.15; 678949.16, 3347472.00; 678969.13, 3347492.65; 678990.36, 3347512.00; 679012.76, 3347529.97; 679036.24, 3347546.51; 679060.72, 3347561.53; 679086.09, 3347575.00; 679112.26, 3347586.84; 679139.12, 3347597.01; 679166.56, 3347605.48; 679194.49, 3347612.21; 679222.78, 3347617.17; 679251.32, 3347620.35; 679280.01, 3347621.72.
(B)Map of Units FL-7 and FL-8 (Map 5) follows: BILLING CODE 4310-55-P EP07FE07.007 BILLING CODE 4310-55-C
(xx)Unit FL-9, Subunit A: Liberty County, Florida. From USGS 1:24,000 scale quadrangle map Estiffanulga, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 689490.86, 3351823.52; 689483.29, 3352280.68; 689512.01, 3352280.25; 689540.64, 3352278.02; 689569.09, 3352274.00; 689597.22, 3352268.20; 689624.93, 3352260.64; 689652.11, 3352251.36; 689678.66, 3352240.39; 689704.47, 3352227.78; 689729.43, 3352213.57; 689753.45, 3352197.82; 689776.44, 3352180.59; 689798.29, 3352161.96; 689818.94, 3352141.99; 689838.29, 3352120.76; 689856.27, 3352098.36; 689872.80, 3352074.87; 689887.83, 3352050.39; 689901.30, 3352025.02; 689913.14, 3351998.85; 689923.31, 3351971.99; 689931.78, 3351944.54; 689938.51, 3351916.62; 689943.48, 3351888.33; 689946.65, 3351859.78; 689948.03, 3351831.09; 689947.60, 3351802.37; 689945.37, 3351773.73; 689941.35, 3351745.29; 689935.55, 3351717.16; 689927.99, 3351689.45; 689918.71, 3351662.27; 689907.74, 3351635.72; 689895.13, 3351609.91; 689880.92, 3351584.95; 689865.17, 3351560.93; 689847.94, 3351537.95; 689829.31, 3351516.09; 689809.33, 3351495.45; 689788.11, 3351476.10; 689765.70, 3351458.12; 689742.22, 3351441.58; 689717.74, 3351426.55; 689692.37, 3351413.09; 689666.20, 3351401.25; 689639.34, 3351391.07; 689611.89, 3351382.60; 689583.96, 3351375.87; 689555.67, 3351370.91; 689527.12, 3351367.73; 689498.43, 3351366.36; 689469.71, 3351366.78; 689441.07, 3351369.01; 689412.63, 3351373.04; 689384.50, 3351378.84; 689356.79, 3351386.39; 689329.61, 3351395.67; 689303.06, 3351406.64; 689277.25, 3351419.26; 689252.29, 3351433.47; 689228.27, 3351449.22; 689205.28, 3351466.44; 689183.43, 3351485.08; 689162.78, 3351505.05; 689143.43, 3351526.28; 689125.45, 3351548.68; 689108.92, 3351572.16; 689093.89, 3351596.64; 689080.43, 3351622.01; 689068.58, 3351648.18; 689058.41, 3351675.04; 689049.94, 3351702.49; 689043.21, 3351730.41; 689038.24, 3351758.71; 689035.07, 3351787.25; 689033.69, 3351815.94; 689034.12, 3351844.66; 689036.35, 3351873.30; 689040.37, 3351901.74; 689046.17, 3351929.87; 689053.73, 3351957.58; 689063.01, 3351984.77; 689073.98, 3352011.31; 689086.59, 3352037.12; 689100.80, 3352062.08; 689116.55, 3352086.10; 689133.78, 3352109.08; 689152.41, 3352130.94; 689172.38, 3352151.59; 689193.61, 3352170.94; 689216.02, 3352188.91; 689239.50, 3352205.45; 689263.98, 3352220.48; 689289.35, 3352233.94; 689315.52, 3352245.78; 689342.38, 3352255.96; 689369.83, 3352264.43; 689397.76, 3352271.16; 689426.05, 3352276.12; 689454.59, 3352279.30; 689483.29, 3352280.68.
(B)Map depicting Unit FL-9, Subunit A is provided at paragraph (6)(xxx)(B) of this entry.
(xxi)Unit FL-9, Subunit B: Liberty County, Florida. From USGS 1:24,000 scale quadrangle maps Estiffanulga, Woods, Orange, and Wilma, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 691779.59, 3350672.99; 690287.06, 3353381.83; 691154.03, 3353692.19; 691852.55, 3352833.72; 692553.20, 3351878.20; 693253.86, 3350922.68; 693661.24, 3350057.79; 693684.72, 3348990.27; 693222.97, 3347912.08; 692056.32, 3347983.53; 691150.93, 3349420.02; 689874.45, 3350071.60; 690047.19, 3351046.33; 690019.43, 3352307.92; 690287.06, 3353381.83.
(B)Map depicting Unit FL-9, Subunit B is provided at paragraph (6)(xxx)(B) of this entry.
(xxii)Unit FL-9, Subunit C: Liberty County, Florida. From USGS 1:24,000 scale quadrangle map Orange, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 689990.64, 3341015.20; 690237.03, 3342409.32; 691013.36, 3342426.37; 691228.75, 3341460.18; 690564.37, 3340765.95; 690096.20, 3339978.94; 689433.95, 3339187.68; 688752.53, 3339269.83; 688821.89, 3340533.53; 689285.79, 3341514.62; 690237.03, 3342409.32.
(B)Map depicting Unit FL-9, Subunit C is provided at paragraph (6)(xxx)(B) of this entry. (xxiii) Unit FL-9, Subunit D: Liberty County, Florida. From USGS 1:24,000 scale quadrangle map Wilma, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 696265.46, 3342271.68; 696046.86, 3343119.45; 696833.88, 3342651.26; 696945.85, 3341974.06; 696374.23, 3341476.04; 695585.08, 3342041.28; 696046.86, 3343119.45.
(B)Map depicting Unit FL-9, Subunit D is provided at paragraph (6)(xxx)(B) of this entry.
(xxiv)Unit FL-9, Subunit E: Liberty County, Florida. From USGS 1:24,000 scale quadrangle map Wilma, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 697156.42, 3338443.91; 694866.24, 3339403.96; 695935.87, 3339330.34; 696914.84, 3338963.44; 697781.87, 3339273.75; 698843.00, 3339588.32; 700115.26, 3339130.76; 699651.32, 3338149.62; 698493.14, 3337832.93; 697328.58, 3337807.38; 696353.86, 3337980.19; 695381.28, 3338055.95; 694600.66, 3338233.01; 694197.57, 3338903.82; 694866.24, 3339403.96.
(B)Map depicting Unit FL-9, Subunit E is provided at paragraph (6)(xxx)(B) of this entry.
(xxv)Unit FL-9, Subunit F: Liberty County, Florida. From USGS 1:24,000 scale quadrangle maps Orange, and Kennedy Creek, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 686998.58, 3332648.82; 686827.48, 3334081.83; 688276.71, 3334404.86; 689441.20, 3334430.38; 690331.59, 3333673.16; 689958.32, 3332985.34; 688998.53, 3332478.86; 688237.09, 3331782.55; 686988.31, 3331172.66; 686420.95, 3330480.61; 686250.24, 3329408.89; 685092.14, 3329092.27; 684195.41, 3330140.61; 683688.96, 3331100.40; 683665.57, 3332167.86; 684228.67, 3333054.00; 684595.56, 3334032.92; 685160.78, 3334822.02; 685934.97, 3334936.08; 686827.48, 3334081.83.
(B)Map depicting Unit FL-9, Subunit F is provided at paragraph (6)(xxx)(B) of this entry.
(xxvi)Unit FL-9, Subunit G: Liberty County, Florida. From USGS 1:24,000 scale quadrangle map Kennedy Creek, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 687255.71, 3327893.29; 686571.11, 3328056.66; 687047.82, 3328455.45; 687729.23, 3328373.27; 687940.30, 3327601.17; 687073.31, 3327290.93; 686571.11, 3328056.66.
(B)Map depicting Unit FL-9, Subunit G is provided at paragraph (6)(xxx)(B) of this entry. (xxvii) Unit FL-9, Subunit H: Liberty County, Florida. From USGS 1:24,000 scale quadrangle maps Kennedy Creek and Sumatra, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 693182.05, 3325786.18; 690209.80, 3330369.39; 690697.14, 3330282.96; 691488.36, 3329620.64; 691024.39, 3328639.57; 690935.85, 3328249.27; 691722.81, 3327781.03; 692971.63, 3328390.91; 694226.84, 3328709.67; 695115.12, 3328049.46; 694463.41, 3326772.98; 694474.03, 3326287.75; 695153.35, 3326302.61; 696511.99, 3326332.34; 697298.98, 3325864.09; 697702.03, 3325193.24; 697818.18, 3324321.93; 697446.97, 3323537.06; 696381.59, 3323416.67; 695588.24, 3324176.07; 694712.71, 3324254.01; 694151.66, 3323270.81; 692603.20, 3323042.77; 691246.72, 3322916.03; 691408.97, 3324375.95; 691972.12, 3325262.09; 691664.00, 3326032.09; 690596.53, 3326008.74; 690128.31, 3325221.77; 688868.89, 3325097.14; 688545.91, 3326546.43; 688813.67, 3327620.28; 689180.60, 3328599.22; 689543.26, 3329772.25; 690209.80, 3330369.39.
(B)Map depicting Unit FL-9, Subunit H is provided at paragraph (6)(xxx)(B) of this entry. (xxviii) Unit FL-9, Subunit I: Liberty County, Florida. From USGS 1:24,000 scale quadrangle map Sumatra and Owens Bridge, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 705471.22, 3324970.20; 704472.05, 3326409.40; 705159.89, 3326036.06; 705759.18, 3325272.38; 706522.85, 3325871.68; 707409.05, 3325308.47; 707042.07, 3324329.45; 705782.53, 3324204.81; 704902.71, 3324476.86; 704029.26, 3324457.76; 703533.40, 3324932.41; 703999.54, 3325816.48; 704472.05, 3326409.40.
(B)Map depicting Unit FL-9, Subunit I is provided at paragraph (6)(xxx)(B) of this entry.
(xxix)Unit FL-9, Subunit J: Liberty County, Florida. From USGS 1:24,000 scale quadrangle map Owens Bridge, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 712287.91, 3326471.46; 712320.50, 3327163.72; 712712.97, 3326978.10; 712924.07, 3326205.90; 712447.29, 3325807.07; 711767.91, 3325792.21; 711651.75, 3326663.58; 712320.50, 3327163.72.
(B)Map depicting Unit FL-9, Subunit J is provided at paragraph (6)(xxx)(B) of this entry.
(xxx)Unit FL-9, Subunit K: Franklin County, Florida. From USGS 1:24,000 scale quadrangle map Fort Gadsden, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 696532.91, 3312509.19; 695399.94, 3313685.97; 696374.63, 3313513.06; 696680.59, 3312840.09; 697165.82, 3312850.67; 698045.59, 3312578.59; 697866.31, 3311895.03; 697096.30, 3311586.96; 696115.25, 3312051.02; 695623.67, 3312331.57; 695020.23, 3313289.32; 695399.94, 3313685.97.
(B)Map of Unit FL-9 (Map 6) follows: BILLING CODE 4310-55-P EP07FE07.008 BILLING CODE 4310-55-C
(xxxi)Unit FL-10: Franklin County, Florida. From USGS 1:24,000 scale quadrangle map Green Point, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 713163.69, 3302378.99; 713155.25, 3302836.18; 713183.97, 3302835.81; 713212.61, 3302833.63; 713241.06, 3302829.66; 713269.21, 3302823.91; 713296.94, 3302816.41; 713324.14, 3302807.18; 713350.71, 3302796.26; 713376.54, 3302783.69; 713401.53, 3302769.53; 713425.59, 3302753.82; 713448.61, 3302736.64; 713470.50, 3302718.04; 713491.18, 3302698.11; 713510.57, 3302676.91; 713528.60, 3302654.55; 713545.18, 3302631.09; 713560.26, 3302606.64; 713573.77, 3302581.29; 713585.66, 3302555.14; 713595.89, 3302528.29; 713604.41, 3302500.86; 713611.19, 3302472.95; 713616.21, 3302444.66; 713619.44, 3302416.12; 713620.87, 3302387.43; 713620.50, 3302358.71; 713618.32, 3302330.06; 713614.35, 3302301.61; 713608.61, 3302273.47; 713601.10, 3302245.74; 713591.87, 3302218.54; 713580.95, 3302191.97; 713568.38, 3302166.13; 713554.22, 3302141.14; 713538.52, 3302117.09; 713521.33, 3302094.07; 713502.73, 3302072.18; 713482.80, 3302051.49; 713461.61, 3302032.10; 713439.24, 3302014.08; 713415.78, 3301997.50; 713391.33, 3301982.42; 713365.98, 3301968.91; 713339.83, 3301957.02; 713312.99, 3301946.79; 713285.55, 3301938.27; 713257.64, 3301931.49; 713229.36, 3301926.47; 713200.81, 3301923.24; 713172.12, 3301921.81; 713143.40, 3301922.18; 713114.75, 3301924.35; 713086.30, 3301928.32; 713058.16, 3301934.07; 713030.43, 3301941.58; 713003.23, 3301950.81; 712976.66, 3301961.73; 712950.83, 3301974.29; 712925.84, 3301988.46; 712901.78, 3302004.16; 712878.76, 3302021.35; 712856.87, 3302039.94; 712836.19, 3302059.88; 712816.80, 3302081.07; 712798.77, 3302103.44; 712782.19, 3302126.90; 712767.11, 3302151.35; 712753.60, 3302176.70; 712741.71, 3302202.85; 712731.48, 3302229.69; 712722.96, 3302257.12; 712716.18, 3302285.04; 712711.16, 3302313.32; 712707.93, 3302341.87; 712706.50, 3302370.56; 712706.87, 3302399.28; 712709.05, 3302427.92; 712713.02, 3302456.37; 712718.76, 3302484.52; 712726.27, 3302512.25; 712735.50, 3302539.45; 712746.42, 3302566.02; 712758.99, 3302591.85; 712773.15, 3302616.84; 712788.85, 3302640.89; 712806.04, 3302663.91; 712824.64, 3302685.81; 712844.57, 3302706.49; 712865.76, 3302725.88; 712888.13, 3302743.90; 712911.59, 3302760.49; 712936.04, 3302775.56; 712961.39, 3302789.07; 712987.54, 3302800.97; 713014.38, 3302811.19; 713041.82, 3302819.72; 713069.73, 3302826.50; 713098.01, 3302831.52; 713126.56, 3302834.75; 713155.25, 3302836.18.
(B)Map of Unit FL-10 (Map 7) follows: BILLING CODE 4310-55-P EP07FE07.009 BILLING CODE 4310-55-C (xxxii) Unit FL-11, Subunit A: Wakulla County, Florida. From USGS 1:24,000 scale quadrangle map St. Marks, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 774468.73, 3340147.62; 774190.54, 3341600.79; 774207.58, 3341623.93; 774226.04, 3341645.96; 774245.84, 3341666.79; 774266.91, 3341686.33; 774289.17, 3341704.50; 774312.52, 3341721.25; 774336.88, 3341736.50; 774362.15, 3341750.18; 774388.23, 3341762.25; 774415.01, 3341772.67; 774442.40, 3341781.38; 774470.28, 3341788.35; 774498.54, 3341793.56; 774527.07, 3341796.98; 774555.76, 3341798.61; 774584.50, 3341798.43; 774613.17, 3341796.44; 774641.65, 3341792.66; 774669.85, 3341787.10; 774697.64, 3341779.78; 774724.91, 3341770.73; 774751.56, 3341759.98; 774777.49, 3341747.59; 774802.59, 3341733.58; 774826.75, 3341718.04; 774849.90, 3341701.00; 774871.92, 3341682.54; 774892.75, 3341662.74; 774912.29, 3341641.67; 775378.43, 3341173.51; 775544.42, 3341007.05; 775567.45, 3340989.86; 775589.36, 3340971.26; 775610.05, 3340951.32; 775629.46, 3340930.12; 775647.49, 3340907.75; 775664.08, 3340884.29; 775679.17, 3340859.83; 775692.69, 3340834.47; 775704.60, 3340808.31; 775714.83, 3340781.46; 775723.36, 3340754.02; 775730.15, 3340726.09; 775735.18, 3340697.80; 775738.42, 3340669.25; 775739.85, 3340640.54; 775739.49, 3340611.81; 775737.32, 3340583.15; 775733.35, 3340554.69; 775727.61, 3340526.53; 775720.10, 3340498.79; 775710.88, 3340471.58; 775699.96, 3340444.99; 775687.39, 3340419.15; 775673.22, 3340394.15; 775657.52, 3340370.08; 775640.33, 3340347.05; 775621.73, 3340325.14; 774949.15, 3339783.33; 774965.74, 3339759.90; 774980.82, 3339735.42; 774994.28, 3339710.02; 775006.21, 3339683.91; 775016.43, 3339656.98; 775024.93, 3339629.57; 775031.80, 3339601.67; 775036.75, 3339573.39; 775040.07, 3339544.85; 775041.46, 3339516.15; 775041.12, 3339487.41; 775040.98, 3339485.18; 775057.39, 3339480.71; 775084.52, 3339471.52; 775111.12, 3339460.54; 775136.98, 3339447.98; 775162.02, 3339433.85; 775186.04, 3339418.15; 775209.12, 3339400.97; 775231.00, 3339382.33; 775251.65, 3339362.43; 775271.08, 3339341.17; 775289.09, 3339318.88; 775305.69, 3339295.33; 775320.86, 3339270.97; 775334.32, 3339245.57; 775346.25, 3339219.46; 775356.47, 3339192.53; 775364.97, 3339165.12; 775371.75, 3339137.22; 775376.79, 3339108.94; 775380.02, 3339080.29; 775381.51, 3339051.59; 775381.17, 3339022.96; 775378.99, 3338994.28; 775374.99, 3338965.77; 775369.23, 3338937.67; 775361.73, 3338909.86; 775352.48, 3338882.66; 775341.58, 3338856.09; 775329.02, 3338830.26; 775314.89, 3338805.28; 775299.20, 3338781.14; 775281.94, 3338758.18; 775263.40, 3338736.19; 775243.47, 3338715.50; 775222.26, 3338696.11; 775199.86, 3338678.13; 775176.36, 3338661.56; 775151.96, 3338646.42; 775126.56, 3338632.91; 775100.43, 3338621.05; 775073.60, 3338610.73; 775046.13, 3338602.27; 775018.24, 3338595.47; 774989.92, 3338590.43; 774961.37, 3338587.17; 774932.67, 3338585.78; 774903.93, 3338586.06; 774875.23, 3338588.34; 774846.78, 3338592.29; 774818.68, 3338598.02; 774790.91, 3338605.53; 774763.68, 3338614.73; 774737.09, 3338625.60; 774711.22, 3338638.27; 774686.28, 3338652.40; 774662.16, 3338668.10; 774639.56, 3338684.96; 774638.22, 3338684.81; 774609.52, 3338683.43; 774582.13, 3338683.74; 774581.52, 3338680.84; 774574.02, 3338653.14; 774564.77, 3338625.84; 774553.86, 3338599.27; 774541.30, 3338573.44; 774527.17, 3338548.45; 774511.48, 3338524.43; 774494.21, 3338501.36; 774475.67, 3338479.49; 774455.74, 3338458.80; 774434.54, 3338439.30; 774412.13, 3338421.32; 774388.73, 3338404.76; 774364.23, 3338389.61; 774338.82, 3338376.10; 774312.70, 3338364.25; 774285.86, 3338353.92; 774258.40, 3338345.47; 774230.51, 3338338.67; 774202.19, 3338333.64; 774173.63, 3338330.37; 774144.93, 3338328.99; 774116.19, 3338329.27; 774087.59, 3338331.44; 774059.04, 3338335.50; 774030.94, 3338341.23; 774003.17, 3338348.75; 773975.94, 3338357.95; 773949.44, 3338368.82; 773923.58, 3338381.38; 773898.54, 3338395.62; 773874.52, 3338411.33; 773851.43, 3338428.51; 773829.56, 3338447.05; 773808.82, 3338467.05; 773789.49, 3338488.21; 773771.38, 3338510.61; 773754.79, 3338534.05; 773739.71, 3338558.53; 773726.26, 3338583.82; 773714.32, 3338610.04; 773704.11, 3338636.86; 773695.52, 3338664.27; 773688.75, 3338692.28; 773683.70, 3338720.56; 773680.48, 3338749.10; 773679.09, 3338777.80; 773679.44, 3338806.55; 773681.61, 3338835.23; 773685.54, 3338863.61; 773691.29, 3338891.83; 773698.80, 3338919.53; 773708.05, 3338946.72; 773718.96, 3338973.29; 773731.52, 3338999.23; 773745.65, 3339024.21; 773761.35, 3339048.24; 773778.61, 3339071.30; 773797.15, 3339093.17; 773817.08, 3339113.86; 773838.29, 3339133.25; 773860.69, 3339151.34; 773884.19, 3339167.91; 773908.59, 3339183.05; 773934.00, 3339196.55; 773960.12, 3339208.41; 773986.96, 3339218.62; 774014.42, 3339227.18; 774042.30, 3339233.98; 774070.62, 3339239.02; 774099.18, 3339242.28; 774127.88, 3339243.66; 774155.27, 3339243.24; 774155.87, 3339246.25; 774163.37, 3339273.95; 774172.62, 3339301.25; 774174.07, 3339304.84; 774173.87, 3339305.17; 774162.04, 3339331.28; 774151.73, 3339358.09; 774143.23, 3339385.62; 774136.46, 3339413.52; 774131.41, 3339441.79; 774128.19, 3339470.34; 774126.70, 3339499.04; 774127.14, 3339527.78; 774129.22, 3339556.46; 774133.24, 3339584.85; 774138.99, 3339613.07; 774146.50, 3339640.77; 774150.18, 3339651.73; 774130.12, 3339663.21; 774106.01, 3339678.92; 774083.02, 3339696.10; 774061.06, 3339714.63; 774040.41, 3339734.64; 774020.99, 3339755.79; 774002.98, 3339778.20; 773986.39, 3339801.64; 773971.31, 3339826.11; 773957.76, 3339851.52; 773945.83, 3339877.62; 773935.61, 3339904.44; 773927.12, 3339931.97; 773920.35, 3339959.87; 773915.30, 3339988.14; 773912.08, 3340016.69; 773910.59, 3340045.39; 773910.78, 3340061.14; 773909.48, 3340059.12; 773892.32, 3340036.05; 773873.77, 3340014.18; 773853.75, 3339993.49; 773832.55, 3339974.10; 773810.24, 3339956.01; 773786.75, 3339939.45; 773762.25, 3339924.30; 773736.94, 3339910.80; 773710.82, 3339898.94; 773683.89, 3339888.73; 773656.53, 3339880.17; 773628.54, 3339873.37; 773600.23, 3339868.34; 773571.67, 3339865.07; 773542.98, 3339863.69; 773514.24, 3339863.97; 773485.65, 3339866.15; 773457.20, 3339870.21; 773429.00, 3339875.94; 773401.24, 3339883.46; 773374.02, 3339892.66; 773347.43, 3339903.53; 773321.66, 3339916.09; 773296.62, 3339930.34; 773272.52, 3339946.05; 773249.53, 3339963.22; 773227.66, 3339981.76; 773206.92, 3340001.77; 773187.50, 3340022.92; 773169.49, 3340045.33; 773152.90, 3340068.77; 773137.83, 3340093.25; 773124.28, 3340118.54; 773112.35, 3340144.76; 773102.14, 3340171.58; 773093.65, 3340198.99; 773086.78, 3340226.89; 773081.83, 3340255.28; 773078.52, 3340283.82; 773077.13, 3340312.52; 773077.48, 3340341.27; 773079.66, 3340369.83; 773083.67, 3340398.34; 773089.33, 3340426.55; 773096.84, 3340454.25; 773106.09, 3340481.44; 773117.00, 3340508.00; 773129.56, 3340533.84; 773143.78, 3340558.93; 773159.48, 3340582.95; 773176.64, 3340606.01; 773195.28, 3340627.89; 773215.21, 3340648.58; 773236.41, 3340667.97; 773240.38, 3340671.17; 774190.54, 3341600.79.
(B)Map depicting Unit FL-11, Subunit A is provided at paragraph (6)(xxxvi)(B) of this entry. (xxxiii) Unit FL-11, Subunit B: Wakulla County, Florida. From USGS 1:24,000 scale quadrangle map St. Marks NE, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 777620.81, 3340587.45; 777609.30, 3341044.76; 777638.03, 3341044.58; 777666.70, 3341042.60; 777695.19, 3341038.82; 777723.39, 3341033.26; 777751.18, 3341025.93; 777778.45, 3341016.88; 777805.10, 3341006.14; 777831.03, 3340993.74; 777856.13, 3340979.74; 777880.29, 3340964.19; 777903.44, 3340947.15; 777925.47, 3340928.69; 777946.29, 3340908.89; 777965.83, 3340887.82; 777984.01, 3340865.56; 778000.76, 3340842.21; 778016.00, 3340817.85; 778029.69, 3340792.58; 778041.76, 3340766.50; 778052.18, 3340739.71; 778060.89, 3340712.33; 778067.86, 3340684.45; 778073.07, 3340656.19; 778076.49, 3340627.65; 778078.11, 3340598.96; 778077.93, 3340570.22; 778075.95, 3340541.55; 778072.17, 3340513.07; 778066.61, 3340484.87; 778059.29, 3340457.08; 778050.24, 3340429.81; 778039.49, 3340403.15; 778027.09, 3340377.23; 778013.09, 3340352.13; 777997.54, 3340327.96; 777980.50, 3340304.82; 777962.05, 3340282.79; 777942.24, 3340261.97; 777921.17, 3340242.43; 777898.91, 3340224.25; 777875.56, 3340207.50; 777851.20, 3340192.25; 777825.93, 3340178.57; 777799.85, 3340166.49; 777773.07, 3340156.08; 777745.68, 3340147.37; 777717.80, 3340140.40; 777689.54, 3340135.19; 777661.01, 3340131.77; 777632.31, 3340130.14; 777603.58, 3340130.32; 777574.91, 3340132.31; 777546.42, 3340136.09; 777518.22, 3340141.65; 777490.43, 3340148.97; 777463.16, 3340158.02; 777436.51, 3340168.77; 777410.58, 3340181.17; 777385.48, 3340195.17; 777361.32, 3340210.72; 777338.17, 3340227.76; 777316.15, 3340246.21; 777295.32, 3340266.02; 777275.78, 3340287.09; 777257.60, 3340309.34; 777240.85, 3340332.70; 777225.61, 3340357.06; 777211.92, 3340382.33; 777199.85, 3340408.41; 777189.44, 3340435.19; 777180.73, 3340462.58; 777173.76, 3340490.46; 777168.55, 3340518.72; 777165.12, 3340547.25; 777163.50, 3340575.94; 777163.68, 3340604.68; 777165.66, 3340633.35; 777169.44, 3340661.84; 777175.00, 3340690.03; 777182.32, 3340717.82; 777191.38, 3340745.10; 777202.12, 3340771.75; 777214.52, 3340797.68; 777228.52, 3340822.77; 777244.07, 3340846.94; 777261.11, 3340870.08; 777279.56, 3340892.11; 777299.37, 3340912.94; 777320.44, 3340932.48; 777342.70, 3340950.66; 777366.05, 3340967.40; 777390.41, 3340982.65; 777415.68, 3340996.34; 777441.76, 3341008.41; 777468.54, 3341018.82; 777495.93, 3341027.53; 777523.81, 3341034.50; 777552.07, 3341039.71; 777580.61, 3341043.14; 777609.30, 3341044.76.
(B)Map depicting Unit FL-11, Subunit B is provided at paragraph (6)(xxxvi)(B) of this entry. (xxxiv) Unit FL-11, Subunit C: Wakulla and Jefferson counties, Florida. From USGS 1:24,000 scale quadrangle map St. Marks NE, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 779913.58, 3337013.71; 779890.58, 3337030.88; 779868.59, 3337049.51; 779847.93, 3337069.40; 779828.49, 3337090.65; 779810.46, 3337113.05; 779793.95, 3337136.49; 779778.86, 3337160.96; 779765.29, 3337186.35; 779753.44, 3337212.46; 779743.21, 3337239.27; 779734.60, 3337266.79; 779727.81, 3337294.69; 779722.85, 3337322.96; 779719.61, 3337351.51; 779718.11, 3337380.21; 779718.54, 3337408.95; 779720.70, 3337437.63; 779724.60, 3337466.14; 779730.35, 3337494.24; 779737.94, 3337521.95; 779747.08, 3337549.15; 779758.07, 3337575.84; 779770.63, 3337601.67; 779784.74, 3337626.67; 779800.53, 3337650.70; 779817.68, 3337673.77; 779836.32, 3337695.66; 779856.23, 3337716.36; 779877.44, 3337735.76; 779899.74, 3337753.75; 779923.23, 3337770.33; 779947.73, 3337785.49; 779973.04, 3337799.00; 779999.25, 3337810.88; 780026.09, 3337821.10; 780046.47, 3337827.50; 780031.40, 3337836.00; 780007.37, 3337851.69; 779984.27, 3337868.86; 779962.39, 3337887.50; 779941.73, 3337907.38; 779922.28, 3337928.64; 779904.26, 3337951.03; 779887.65, 3337974.46; 779872.56, 3337998.93; 779859.09, 3338024.33; 779847.14, 3338050.43; 779836.91, 3338077.25; 779828.40, 3338104.77; 779821.61, 3338132.67; 779816.55, 3338160.94; 779813.32, 3338189.48; 779811.91, 3338218.19; 779812.24, 3338246.93; 779814.40, 3338275.61; 779818.40, 3338304.12; 779824.15, 3338332.22; 779831.64, 3338359.93; 779840.88, 3338387.13; 779851.77, 3338413.81; 779864.42, 3338439.66; 779878.53, 3338464.65; 779894.22, 3338488.68; 779911.47, 3338511.75; 779930.01, 3338533.64; 779950.02, 3338554.34; 779971.22, 3338573.75; 779993.52, 3338591.74; 780017.01, 3338608.31; 780041.50, 3338623.47; 780066.81, 3338636.99; 780093.02, 3338648.86; 780119.86, 3338659.09; 780147.32, 3338667.67; 780175.21, 3338674.37; 780203.52, 3338679.42; 780232.08, 3338682.70; 780260.78, 3338684.10; 780289.53, 3338683.72; 780318.13, 3338681.57; 781659.14, 3338623.35; 781687.25, 3338617.53; 781715.02, 3338610.03; 781742.26, 3338600.85; 781768.87, 3338589.89; 781794.65, 3338577.34; 781819.70, 3338563.23; 781843.73, 3338547.42; 781866.83, 3338530.26; 781888.71, 3338511.74; 781909.38, 3338491.75; 781928.83, 3338470.61; 781946.86, 3338448.21; 781963.47, 3338424.67; 781978.46, 3338400.21; 781992.04, 3338374.92; 782003.90, 3338348.71; 782014.13, 3338321.90; 782022.74, 3338294.49; 782029.54, 3338266.48; 782034.51, 3338238.21; 782037.75, 3338209.66; 782039.16, 3338180.96; 782038.84, 3338152.22; 782036.68, 3338123.53; 782032.68, 3338095.14; 782029.68, 3338080.53; 782045.61, 3338076.16; 782072.85, 3338066.99; 782099.46, 3338056.02; 782125.24, 3338043.48; 782150.29, 3338029.37; 782174.32, 3338013.56; 782197.43, 3337996.40; 782219.32, 3337977.77; 782239.98, 3337957.88; 782259.43, 3337936.64; 782277.46, 3337914.35; 782293.98, 3337890.81; 782309.07, 3337866.35; 782322.64, 3337841.06; 782334.50, 3337814.85; 782344.74, 3337788.04; 782353.26, 3337760.52; 782360.05, 3337732.62; 782365.12, 3337704.35; 782368.36, 3337675.80; 782369.77, 3337647.10; 782369.45, 3337618.36; 782367.20, 3337589.67; 782363.30, 3337561.28; 782357.56, 3337533.06; 782350.08, 3337505.35; 782340.85, 3337478.15; 782329.86, 3337451.57; 782317.31, 3337425.73; 782303.10, 3337400.73; 782287.42, 3337376.58; 782270.27, 3337353.62; 782251.64, 3337331.73; 782231.72, 3337311.02; 782210.52, 3337291.61; 782188.13, 3337273.51; 782164.64, 3337256.93; 782140.24, 3337241.87; 782114.83, 3337228.35; 780938.29, 3336769.14; 780910.83, 3336760.56; 780882.94, 3336753.74; 780854.61, 3336748.80; 780826.05, 3336745.52; 780797.34, 3336744.12; 780768.59, 3336744.50; 780751.68, 3336745.73; 780740.59, 3336730.80; 780721.95, 3336708.91; 780702.04, 3336688.21; 780680.83, 3336668.80; 780658.43, 3336650.81; 780635.04, 3336634.12; 780610.54, 3336619.07; 780585.23, 3336605.56; 780559.01, 3336593.68; 780532.17, 3336583.45; 780504.70, 3336574.88; 780476.81, 3336568.06; 780448.49, 3336563.12; 780419.92, 3336559.84; 780391.22, 3336558.44; 780362.56, 3336558.82; 780333.86, 3336560.97; 780305.41, 3336564.91; 780277.29, 3336570.63; 780249.52, 3336578.13; 780222.27, 3336587.42; 780195.67, 3336598.28; 780169.88, 3336610.94; 780144.83, 3336625.05; 780120.80, 3336640.75; 780097.79, 3336657.92; 780075.81, 3336676.55; 780055.15, 3336696.44; 780035.80, 3336717.70; 780017.67, 3336740.09; 780001.16, 3336763.52; 779986.07, 3336787.99; 779972.50, 3336813.39; 779960.65, 3336839.49; 779950.42, 3336866.31; 779941.81, 3336893.82; 779935.02, 3336921.72; 779930.06, 3336950.00; 779926.82, 3336978.54; 779925.35, 3337006.02; 779913.58, 3337013.71.
(B)Map depicting Unit FL-11, Subunit C is provided at paragraph (6)(xxxvi)(B) of this entry.
(xxxv)Unit FL-11, Subunit D: Jefferson County, Florida. From USGS 1:24,000 scale quadrangle map St. Marks NE, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 783748.26, 3340815.77; 783736.43, 3341273.09; 783765.17, 3341272.93; 783793.84, 3341270.96; 783822.34, 3341267.20; 783850.54, 3341261.66; 783878.33, 3341254.36; 783905.62, 3341245.33; 783932.28, 3341234.60; 783958.21, 3341222.22; 783983.32, 3341208.23; 784007.50, 3341192.70; 784030.66, 3341175.68; 784052.70, 3341157.24; 784073.54, 3341137.45; 784093.09, 3341116.39; 784111.29, 3341094.14; 784128.05, 3341070.80; 784143.32, 3341046.45; 784157.02, 3341021.19; 784169.11, 3340995.12; 784179.54, 3340968.34; 784188.27, 3340940.95; 784195.27, 3340913.08; 784200.49, 3340884.82; 784203.94, 3340856.29; 784205.58, 3340827.60; 784205.42, 3340798.86; 784203.46, 3340770.18; 784199.70, 3340741.69; 784194.16, 3340713.49; 784186.85, 3340685.70; 784177.82, 3340658.41; 784167.09, 3340631.75; 784154.71, 3340605.82; 784140.73, 3340580.71; 784125.19, 3340556.53; 784108.17, 3340533.37; 784089.73, 3340511.33; 784069.94, 3340490.49; 784048.88, 3340470.94; 784026.64, 3340452.74; 784003.29, 3340435.98; 783978.94, 3340420.71; 783953.68, 3340407.01; 783927.61, 3340394.92; 783900.83, 3340384.49; 783873.45, 3340375.76; 783845.57, 3340368.76; 783817.31, 3340363.54; 783788.78, 3340360.09; 783760.09, 3340358.45; 783731.35, 3340358.61; 783702.68, 3340360.57; 783674.19, 3340364.33; 783645.99, 3340369.87; 783618.19, 3340377.18; 783590.91, 3340386.21; 783564.25, 3340396.94; 783538.31, 3340409.32; 783513.20, 3340423.30; 783489.03, 3340438.84; 783465.87, 3340455.86; 783443.83, 3340474.30; 783422.99, 3340494.09; 783403.43, 3340515.15; 783385.24, 3340537.39; 783368.47, 3340560.74; 783353.21, 3340585.09; 783339.50, 3340610.35; 783327.41, 3340636.42; 783316.98, 3340663.20; 783308.25, 3340690.58; 783301.26, 3340718.46; 783296.03, 3340746.72; 783292.59, 3340775.25; 783290.94, 3340803.94; 783291.10, 3340832.68; 783293.07, 3340861.35; 783296.83, 3340889.84; 783302.37, 3340918.04; 783309.67, 3340945.84; 783318.70, 3340973.12; 783329.43, 3340999.78; 783341.81, 3341025.72; 783355.80, 3341050.82; 783371.33, 3341075.00; 783388.35, 3341098.16; 783406.79, 3341120.20; 783426.58, 3341141.04; 783447.64, 3341160.60; 783469.89, 3341178.79; 783493.23, 3341195.56; 783517.58, 3341210.82; 783542.84, 3341224.53; 783568.91, 3341236.62; 783595.69, 3341247.05; 783623.08, 3341255.78; 783650.95, 3341262.77; 783679.21, 3341268.00; 783707.74, 3341271.44; 783736.43, 3341273.09.
(B)Map depicting Unit FL-11, Subunit D is provided at paragraph (6)(xxxvi)(B) of this entry. (xxxvi) Unit FL-11, Subunit E: Jefferson County, Florida. From USGS 1:24,000 scale quadrangle map Cody, Florida.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 784571.80, 3351736.64; 784608.07, 3351280.60; 784579.36, 3351279.22; 784554.83, 3351279.59; 784550.62, 3351279.65; 784521.97, 3351281.88; 784493.51, 3351285.91; 784465.37, 3351291.71; 784437.64, 3351299.27; 784410.44, 3351308.56; 784383.88, 3351319.54; 784358.06, 3351332.16; 784333.09, 3351346.38; 784309.05, 3351362.14; 784286.06, 3351379.37; 784264.19, 3351398.02; 784243.53, 3351418.00; 784224.17, 3351439.25; 784206.19, 3351461.66; 784189.64, 3351485.16; 784174.61, 3351509.65; 784161.14, 3351535.04; 784149.29, 3351561.22; 784139.11, 3351588.10; 784130.64, 3351615.56; 784123.90, 3351643.50; 784118.94, 3351671.81; 784115.76, 3351700.37; 784114.38, 3351729.08; 784114.81, 3351757.81; 784117.04, 3351786.47; 784121.07, 3351814.92; 784126.87, 3351843.07; 784134.43, 3351870.80; 784143.72, 3351897.99; 784154.70, 3351924.55; 784167.32, 3351950.37; 784181.54, 3351975.35; 784197.30, 3351999.38; 784214.53, 3352022.38; 784233.18, 3352044.25; 784253.16, 3352064.90; 784274.40, 3352084.26; 784296.82, 3352102.25; 784320.32, 3352118.79; 784344.81, 3352133.83; 784370.20, 3352147.30; 784396.38, 3352159.15; 784423.26, 3352169.33; 784450.72, 3352177.80; 784478.66, 3352184.53; 784506.97, 3352189.50; 784535.53, 3352192.68; 784558.55, 3352193.78; 784564.24, 3352194.05; 784592.97, 3352193.63; 784621.63, 3352191.40; 784650.08, 3352187.37; 784678.23, 3352181.56; 784705.96, 3352174.00; 784733.15, 3352164.72; 784759.71, 3352153.74; 784785.53, 3352141.12; 784810.51, 3352126.90; 784834.54, 3352111.14; 784857.54, 3352093.90; 784879.41, 3352075.26; 784900.06, 3352055.27; 784919.42, 3352034.03; 784937.41, 3352011.62; 784953.96, 3351988.12; 784968.99, 3351963.63; 784982.46, 3351938.24; 784994.31, 3351912.06; 785004.49, 3351885.18; 785012.96, 3351857.72; 785019.70, 3351829.78; 785024.66, 3351801.47; 785027.84, 3351772.91; 785029.21, 3351744.20; 785028.79, 3351715.46; 785026.56, 3351686.81; 785022.53, 3351658.36; 785016.72, 3351630.21; 785009.16, 3351602.48; 784999.88, 3351575.28; 784988.90, 3351548.72; 784976.28, 3351522.90; 784962.06, 3351497.93; 784946.30, 3351473.89; 784929.06, 3351450.90; 784910.42, 3351429.03; 784890.43, 3351408.37; 784869.19, 3351389.01; 784846.78, 3351371.03; 784823.28, 3351354.48; 784798.79, 3351339.44; 784773.40, 3351325.98; 784747.21, 3351314.13; 784720.34, 3351303.95; 784692.88, 3351295.47; 784664.94, 3351288.74; 784636.63, 3351283.78; 784608.07, 3351280.60.
(B)Map of Unit FL-11 (Map 8) follows: BILLING CODE 4310-55-P EP07FE07.010 BILLING CODE 4310-55-C (xxxvii) Unit FL-12, Subunit A: Baker County, Florida. From USGS 1:24,000 scale quadrangle maps Big Gum Swamp, Olustee, Sanderson North, and Sanderson South, Florida.
(A)Land bounded by the following UTM Zone 17N, NAD83 coordinates (E, N): 372674.30, 3352411.55; 372690.87, 3352868.36; 372719.52, 3352866.42; 372748.00, 3352862.68; 372776.18, 3352857.17; 372803.96, 3352849.89; 372831.22, 3352840.88; 372857.87, 3352830.18; 372883.80, 3352817.83; 372908.89, 3352803.88; 372933.07, 3352788.37; 372956.22, 3352771.38; 372978.25, 3352752.97; 372999.09, 3352733.21; 373018.65, 3352712.18; 373036.84, 3352689.97; 373053.61, 3352666.65; 373068.88, 3352642.33; 373082.59, 3352617.10; 373094.69, 3352591.06; 373105.13, 3352564.31; 373113.88, 3352536.96; 373120.88, 3352509.11; 373126.13, 3352480.87; 373129.59, 3352452.37; 373131.25, 3352423.70; 373131.11, 3352394.98; 373129.17, 3352366.33; 373125.43, 3352337.86; 373119.92, 3352309.68; 373112.64, 3352281.90; 373103.63, 3352254.63; 373092.93, 3352227.98; 373080.58, 3352202.06; 373066.63, 3352176.96; 373051.12, 3352152.79; 373034.13, 3352129.64; 373015.72, 3352107.60; 372995.96, 3352086.77; 372974.93, 3352067.21; 372952.72, 3352049.01; 372929.40, 3352032.25; 372905.08, 3352016.98; 372879.85, 3352003.27; 372853.81, 3351991.16; 372827.06, 3351980.72; 372799.71, 3351971.98; 372771.86, 3351964.97; 372743.63, 3351959.73; 372715.12, 3351956.27; 372686.45, 3351954.60; 372657.73, 3351954.74; 372629.08, 3351956.68; 372600.61, 3351960.42; 372572.43, 3351965.94; 372544.65, 3351973.22; 372517.38, 3351982.22; 372490.73, 3351992.92; 372464.81, 3352005.27; 372439.71, 3352019.23; 372415.54, 3352034.73; 372392.39, 3352051.73; 372370.35, 3352070.14; 372349.52, 3352089.90; 372329.96, 3352110.92; 372311.76, 3352133.14; 372295.00, 3352156.45; 372279.73, 3352180.77; 372266.02, 3352206.00; 372253.91, 3352232.05; 372243.47, 3352258.80; 372234.73, 3352286.15; 372227.72, 3352314.00; 372222.48, 3352342.23; 372219.02, 3352370.74; 372217.35, 3352399.41; 372217.49, 3352428.12; 372219.44, 3352456.77; 372223.17, 3352485.25; 372228.69, 3352513.43; 372235.97, 3352541.21; 372244.97, 3352568.47; 372255.67, 3352595.12; 372268.02, 3352621.05; 372281.98, 3352646.14; 372297.48, 3352670.31; 372314.48, 3352693.46; 372332.89, 3352715.50; 372352.65, 3352736.34; 372373.67, 3352755.90; 372395.89, 3352774.09; 372419.20, 3352790.86; 372443.52, 3352806.13; 372468.75, 3352819.84; 372494.80, 3352831.94; 372521.55, 3352842.38; 372548.90, 3352851.13; 372576.75, 3352858.13; 372604.98, 3352863.38; 372633.49, 3352866.84; 372662.16, 3352868.50; 372690.87, 3352868.36.
(B)Map depicting Unit FL-12, Subunit A is provided at paragraph (6)(xxxviii)(B) of this entry. (xxxviii) Unit FL-12, Subunit B: Baker County, Florida. From USGS 1:24,000 scale quadrangle map Sanderson North, Florida.
(A)Land bounded by the following UTM Zone 17N, NAD83 coordinates (E, N): 366810.54, 3347335.55; 365204.92, 3347256.53; 365545.34, 3347671.08; 365785.90, 3347864.83; 366215.16, 3348065.56; 366594.64, 3348161.77; 366950.86, 3348270.32; 367457.49, 3348269.28; 367656.48, 3348217.24; 367983.80, 3348114.94; 368263.73, 3348002.09; 368367.03, 3347893.69; 368445.29, 3347727.16; 368438.75, 3347468.74; 368362.16, 3347235.59; 368183.75, 3347169.56; 367774.48, 3346827.27; 367344.33, 3346591.29; 366962.47, 3346401.11; 366361.04, 3346381.04; 365915.66, 3346474.56; 365542.12, 3346613.29; 365216.87, 3346797.82; 365176.32, 3347057.43; 365204.92, 3347256.53.
(B)Map of Unit FL-12 (Map 9) follows: BILLING CODE 4310-55-P EP07FE07.011 BILLING CODE 4310-55-C
(7)Georgia: Baker and Miller Counties, Georgia.
(i)Unit GA-1, Subunit A: Miller County, Georgia. From USGS 1:24,000 scale quadrangle map Donalsonville NE, Georgia.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 709773.06, 3456290.97; 709801.78, 3456290.64; 709830.43, 3456288.51; 709858.89, 3456284.58; 709887.04, 3456278.87; 709914.78, 3456271.41; 709942.00, 3456262.22; 709968.58, 3456251.34; 709994.43, 3456238.81; 710019.45, 3456224.68; 710043.52, 3456209.01; 710066.57, 3456191.86; 710088.49, 3456173.30; 710109.20, 3456153.39; 710128.62, 3456132.23; 710146.68, 3456109.89; 710163.30, 3456086.45; 710178.41, 3456062.02; 710191.96, 3456036.69; 710203.89, 3456010.56; 710214.16, 3455983.73; 710222.72, 3455956.31; 710229.54, 3455928.41; 710234.60, 3455900.13; 710237.88, 3455871.59; 710239.35, 3455842.91; 710239.02, 3455814.18; 710236.89, 3455785.53; 710232.96, 3455757.08; 710227.25, 3455728.92; 710219.79, 3455701.18; 710210.60, 3455673.97; 710199.72, 3455647.38; 710187.19, 3455621.53; 710173.06, 3455596.52; 710157.39, 3455572.44; 710140.24, 3455549.40; 710121.68, 3455527.48; 710101.77, 3455506.76; 710080.61, 3455487.34; 710058.27, 3455469.29; 710034.83, 3455452.67; 710010.40, 3455437.56; 709985.07, 3455424.01; 709958.94, 3455412.08; 709932.11, 3455401.81; 709904.69, 3455393.25; 709876.79, 3455386.42; 709848.51, 3455381.36; 709819.97, 3455378.09; 709791.29, 3455376.62; 709762.56, 3455376.95; 709733.91, 3455379.08; 709705.46, 3455383.01; 709677.30, 3455388.71; 709649.56, 3455396.18; 709622.35, 3455405.37; 709595.76, 3455416.25; 709569.91, 3455428.78; 709544.90, 3455442.90; 709520.82, 3455458.57; 709497.78, 3455475.73; 709475.86, 3455494.29; 709455.15, 3455514.19; 709435.72, 3455535.36; 709417.67, 3455557.70; 709401.05, 3455581.13; 709385.94, 3455605.56; 709372.39, 3455630.89; 709360.46, 3455657.02; 709350.19, 3455683.85; 709341.63, 3455711.27; 709334.80, 3455739.18; 709329.75, 3455767.45; 709326.47, 3455795.99; 709325.00, 3455824.68; 709325.33, 3455853.40; 709327.46, 3455882.05; 709331.39, 3455910.51; 709337.10, 3455938.66; 709344.56, 3455966.40; 709353.75, 3455993.62; 709364.63, 3456020.20; 709377.16, 3456046.05; 709391.29, 3456071.07; 709406.96, 3456095.14; 709424.11, 3456118.19; 709442.67, 3456140.11; 709462.57, 3456160.82; 709483.74, 3456180.24; 709506.08, 3456198.30; 709529.51, 3456214.92; 709553.94, 3456230.03; 709579.27, 3456243.58; 709605.40, 3456255.51; 709632.23, 3456265.78; 709659.65, 3456274.34; 709687.56, 3456281.16; 709715.83, 3456286.22; 709744.37, 3456289.49; 709773.06, 3456290.97.
(B)Map depicting Unit GA-1, Subunit A is provided at paragraph (7)(iii)(B) of this entry.
(ii)Unit GA-1, Subunit B: Baker County, Georgia. From USGS 1:24,000 scale quadrangle map Bethany, Georgia.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 734056.66, 3462652.99; 733733.16, 3462635.49; 733657.95, 3462793.17; 733648.02, 3462832.82; 733696.56, 3462842.99; 733735.88, 3462866.21; 733795.54, 3462792.40; 733840.01, 3462789.15; 733937.93, 3463111.13; 734037.50, 3463371.05; 734205.36, 3463566.26; 734222.15, 3463602.19; 734311.08, 3463595.69; 734536.48, 3463464.20; 734670.71, 3463423.43; 734774.12, 3463372.96; 734944.36, 3463146.86; 735033.71, 3462958.51; 735083.26, 3462764.67; 735044.83, 3462541.86; 734972.52, 3462424.61; 734940.00, 3462312.85; 734887.73, 3462275.97; 734817.60, 3462243.05; 734637.25, 3462349.13; 734460.51, 3462486.35; 734437.39, 3462521.21; 734056.66, 3462652.99.
(B)Map depicting Unit GA-1, Subunit B is provided at paragraph (7)(iii)(B) of this entry.
(iii)Unit GA-1, Subunit C: Baker County, Georgia. From USGS 1:24,000 scale quadrangle map Bethany, Georgia.
(A)Land bounded by the following UTM Zone 16N, NAD83 coordinates (E, N): 735020.92, 3461631.51; 735054.62, 3461643.75; 735171.74, 3461646.88; 735327.96, 3461601.92; 735452.49, 3461469.20; 735420.30, 3461400.33; 735416.42, 3461404.00; 735438.69, 3461136.30; 735487.70, 3461141.39; 735586.24, 3461132.68; 735699.79, 3461128.15; 735734.35, 3460966.58; 735712.03, 3460811.06; 735690.67, 3460761.36; 735521.91, 3460567.92; 735439.40, 3460543.04; 735388.67, 3460602.15; 734961.33, 3460605.87; 734874.08, 3460758.47; 734820.12, 3460938.41; 734829.24, 3461021.79; 734828.08, 3461206.92; 734832.72, 3461316.63; 734845.31, 3461411.44; 734906.82, 3461515.10; 735020.92, 3461631.51.
(B)Map of Unit GA-1 (Map 10) follows: BILLING CODE 4310-55-P EP07FE07.012 BILLING CODE 4310-55-C
(8)South Carolina: Berkeley, Charleston, and Jasper Counties, South Carolina.
(i)Unit SC-1: Jasper County, South Carolina. From USGS 1:24,000 scale quadrangle map Limehouse, South Carolina.
(A)Land bounded by the following UTM Zone 17N, NAD83 coordinates (E, N): 489561.94, 3573503.59; 489453.58, 3573970.39; 489507.35, 3573975.17; 489561.29, 3573977.32; 489615.28, 3573976.84; 489669.17, 3573973.72; 489722.85, 3573967.97; 489813.22, 3573903.16; 489904.81, 3573840.10; 489926.27, 3573824.52; 489946.02, 3573806.80; 489963.82, 3573787.14; 489979.50, 3573765.74; 489992.88, 3573742.83; 490003.82, 3573718.67; 490012.20, 3573693.50; 490017.94, 3573667.60; 490016.20, 3573652.66; 490013.19, 3573637.92; 490015.98, 3573632.12; 490025.87, 3573604.58; 490032.87, 3573576.16; 490036.91, 3573547.18; 490037.03, 3573543.60; 490041.81, 3573520.55; 490043.92, 3573497.11; 490043.41, 3573474.57; 490040.43, 3573452.23; 490035.01, 3573430.36; 490027.22, 3573409.21; 490026.77, 3573385.43; 490023.98, 3573361.81; 490018.89, 3573338.58; 490011.54, 3573315.96; 490002.00, 3573294.17; 489990.37, 3573273.42; 489980.99, 3573259.55; 489970.67, 3573246.37; 489959.67, 3573227.66; 489937.65, 3573195.84; 489913.35, 3573165.71; 489886.91, 3573137.45; 489858.47, 3573111.20; 489828.18, 3573087.11; 489796.21, 3573065.31; 489762.72, 3573045.91; 489727.90, 3573029.02; 489644.36, 3573024.70; 489560.73, 3573022.61; 489477.08, 3573022.74; 489393.46, 3573025.11; 489359.85, 3573040.41; 489327.69, 3573058.58; 489297.23, 3573079.47; 489268.70, 3573102.92; 489242.31, 3573128.76; 489218.27, 3573156.80; 489196.75, 3573186.82; 489177.92, 3573218.59; 489161.92, 3573251.88; 489148.87, 3573286.44; 489138.87, 3573321.99; 489085.29, 3573601.84; 489092.79, 3573641.38; 489103.20, 3573680.27; 489116.45, 3573718.27; 489132.48, 3573755.19; 489151.20, 3573790.83; 489172.50, 3573824.98; 489196.26, 3573857.47; 489214.53, 3573880.49; 489235.17, 3573901.42; 489257.94, 3573920.01; 489282.57, 3573936.04; 489308.78, 3573949.34; 489336.26, 3573959.75; 489364.71, 3573967.15; 489393.78, 3573971.44; 489423.15, 3573972.59; 489452.47, 3573970.58; 489453.58, 3573970.39.
(B)Map depicting Unit SC-1 is provided at paragraph (8)(ii)(B) of this entry.
(ii)Unit SC-2: Jasper County, South Carolina. From USGS 1:24,000 scale quadrangle map Hardeeville, South Carolina.
(A)Land bounded by the following UTM Zone 17N, NAD83 coordinates (E, N): 497825.00, 3566333.83; 497635.59, 3566801.87; 497712.84, 3566808.12; 497984.07, 3566781.17; 497985.26, 3566663.24; 498153.12, 3566557.50; 498167.76, 3566492.09; 498352.14, 3566398.14; 498426.93, 3566302.81; 498448.59, 3566192.51; 498512.79, 3566162.48; 498461.55, 3566058.02; 498346.32, 3565991.72; 498237.70, 3566197.65; 498174.59, 3566272.37; 498083.20, 3566185.16; 498003.97, 3566097.65; 497922.07, 3565900.43; 497748.68, 3565948.43; 497683.38, 3565948.65; 497599.14, 3565928.51; 497467.56, 3565899.32; 497376.85, 3566007.25; 497361.27, 3566156.01; 497363.83, 3566261.26; 497404.53, 3566478.19; 497468.92, 3566622.98; 497536.88, 3566747.36; 497635.59, 3566801.87.
(B)Map of Units SC-1 and SC-2 (Map 11) follows: BILLING CODE 4310-55-P EP07FE07.013 BILLING CODE 4310-55-C
(iii)Unit SC-3: Berkeley County, South Carolina. From USGS 1:24,000 scale quadrangle map Cainhoy, South Carolina.
(A)Land bounded by the following UTM Zone 17N, NAD83 coordinates (E, N): 611583.13, 3649078.75; 611126.05, 3649075.08; 611126.72, 3649103.79; 611129.20, 3649132.40; 611133.46, 3649160.79; 611139.50, 3649188.87; 611147.29, 3649216.50; 611156.80, 3649243.60; 611167.99, 3649270.04; 611180.82, 3649295.73; 611195.24, 3649320.57; 611211.19, 3649344.44; 611228.61, 3649367.27; 611247.42, 3649388.97; 611267.57, 3649409.43; 611288.95, 3649428.59; 611311.50, 3649446.38; 611335.12, 3649462.71; 611359.72, 3649477.52; 611385.20, 3649490.76; 611411.46, 3649502.38; 611438.40, 3649512.32; 611465.91, 3649520.55; 611493.88, 3649527.04; 611522.20, 3649531.76; 611550.77, 3649534.69; 611579.46, 3649535.83; 611608.17, 3649535.15; 611636.78, 3649532.68; 611665.17, 3649528.42; 611693.25, 3649522.38; 611720.88, 3649514.59; 611747.98, 3649505.08; 611774.42, 3649493.89; 611800.11, 3649481.05; 611824.94, 3649466.64; 611848.82, 3649450.69; 611871.65, 3649433.27; 611893.34, 3649414.45; 611913.81, 3649394.31; 611932.97, 3649372.93; 611950.75, 3649350.38; 611967.08, 3649326.76; 611981.90, 3649302.16; 611995.14, 3649276.68; 612006.75, 3649250.42; 612016.70, 3649223.48; 612024.93, 3649195.97; 612031.42, 3649168.00; 612036.14, 3649139.67; 612039.07, 3649111.11; 612040.20, 3649082.41; 612039.53, 3649053.71; 612037.06, 3649025.10; 612032.79, 3648996.70; 612026.75, 3648968.63; 612018.96, 3648940.99; 612009.45, 3648913.89; 611998.26, 3648887.45; 611985.43, 3648861.76; 611971.01, 3648836.93; 611955.06, 3648813.05; 611937.64, 3648790.22; 611918.83, 3648768.53; 611898.69, 3648748.06; 611877.30, 3648728.90; 611854.75, 3648711.12; 611831.13, 3648694.79; 611806.53, 3648679.97; 611781.05, 3648666.73; 611754.79, 3648655.12; 611727.85, 3648645.17; 611700.34, 3648636.94; 611672.37, 3648630.45; 611644.05, 3648625.73; 611615.48, 3648622.80; 611586.79, 3648621.67; 611558.08, 3648622.34; 611529.47, 3648624.81; 611501.08, 3648629.08; 611473.01, 3648635.12; 611445.37, 3648642.91; 611418.27, 3648652.42; 611391.83, 3648663.61; 611366.14, 3648676.44; 611341.31, 3648690.86; 611317.43, 3648706.81; 611294.60, 3648724.23; 611272.91, 3648743.04; 611252.44, 3648763.18; 611233.28, 3648784.57; 611215.50, 3648807.12; 611199.17, 3648830.74; 611184.35, 3648855.33; 611171.11, 3648880.81; 611159.50, 3648907.08; 611149.56, 3648934.01; 611141.32, 3648961.52; 611134.84, 3648989.50; 611130.12, 3649017.82; 611127.18, 3649046.39; 611126.05, 3649075.08; 612161.25, 3649359.52; 612163.72, 3649388.16; 612167.98, 3649416.48; 612174.02, 3649444.61; 612181.83, 3649472.19; 612191.34, 3649499.36; 612202.53, 3649525.77; 612215.32, 3649551.42; 612229.80, 3649576.31; 612245.70, 3649600.22; 612263.20, 3649623.04; 612281.92, 3649644.65; 612302.15, 3649665.18; 612323.53, 3649684.27; 612346.03, 3649702.16; 612369.68, 3649718.40; 612394.27, 3649733.20; 612419.73, 3649746.47; 612446.05, 3649758.08; 612472.94, 3649768.03; 612500.42, 3649776.33; 612528.38, 3649782.75; 612556.74, 3649787.51; 612585.30, 3649790.39; 612613.98, 3649791.60; 612622.86, 3649791.37; 612622.46, 3649801.79; 612623.16, 3649830.52; 612625.63, 3649859.15; 612629.89, 3649887.48; 612635.92, 3649915.60; 612643.74, 3649943.19; 612653.24, 3649970.35; 612664.43, 3649996.76; 612677.31, 3650022.41; 612691.70, 3650047.30; 612707.59, 3650071.22; 612725.09, 3650094.04; 612743.91, 3650115.65; 612764.04, 3650136.18; 612785.41, 3650155.27; 612807.92, 3650173.16; 612831.56, 3650189.40; 612856.16, 3650204.21; 612934.82, 3650239.04; 612962.38, 3650247.23; 612990.35, 3650253.76; 613018.61, 3650258.52; 613047.17, 3650261.40; 613075.94, 3650262.51; 613104.64, 3650261.84; 613133.26, 3650259.40; 613161.63, 3650255.18; 613189.73, 3650249.07; 613217.30, 3650241.29; 613244.42, 3650231.85; 613270.90, 3650220.62; 613296.56, 3650207.83; 613321.40, 3650193.37; 613345.22, 3650177.45; 613368.13, 3650159.98; 613389.75, 3650141.15; 613410.26, 3650121.10; 613429.39, 3650099.70; 613447.22, 3650077.06; 613463.56, 3650053.52; 613478.34, 3650028.85; 613491.62, 3650003.39; 613503.23, 3649977.13; 613513.17, 3649950.19; 613521.34, 3649922.68; 613527.83, 3649894.70; 613532.55, 3649866.37; 613535.49, 3649837.79; 613536.66, 3649809.20; 613535.97, 3649780.47; 613533.49, 3649751.83; 613529.24, 3649723.40; 613523.21, 3649695.39; 613515.40, 3649667.68; 613505.90, 3649640.63; 613494.71, 3649614.22; 613481.92, 3649588.46; 613467.44, 3649563.68; 613451.55, 3649539.76; 613434.05, 3649516.94; 613415.24, 3649495.21; 613395.10, 3649474.80; 613373.73, 3649455.59; 613351.23, 3649437.81; 613327.58, 3649421.46; 613302.99, 3649406.65; 613277.53, 3649393.50; 613251.21, 3649381.88; 613224.32, 3649371.93; 613196.84, 3649363.63; 613168.78, 3649357.21; 613140.52, 3649352.44; 613111.95, 3649349.57; 613083.28, 3649348.35; 613074.30, 3649348.58; 613074.70, 3649338.16; 613074.10, 3649309.43; 613071.62, 3649280.80; 613067.37, 3649252.47; 613061.34, 3649224.35; 613053.52, 3649196.76; 613044.02, 3649169.60; 613032.83, 3649143.19; 613019.94, 3649117.54; 613005.56, 3649092.64; 612989.57, 3649068.73; 612972.17, 3649045.91; 612953.35, 3649024.29; 612933.21, 3649003.77; 612911.84, 3648984.67; 612889.33, 3648966.90; 612865.68, 3648950.55; 612841.08, 3648935.74; 612815.63, 3648922.47; 612789.31, 3648910.86; 612762.41, 3648900.91; 612734.93, 3648892.72; 612706.88, 3648886.19; 612678.61, 3648881.43; 612650.04, 3648878.55; 612621.36, 3648877.45; 612592.66, 3648878.11; 612564.03, 3648880.56; 612535.66, 3648884.78; 612507.55, 3648890.89; 612479.89, 3648898.67; 612452.77, 3648908.12; 612426.38, 3648919.35; 612400.72, 3648932.14; 612375.88, 3648946.60; 612351.96, 3648962.52; 612329.14, 3648980.00; 612307.43, 3648998.71; 612287.01, 3649018.88; 612267.79, 3649040.28; 612250.06, 3649062.81; 612233.71, 3649086.47; 612218.85, 3649111.02; 612205.66, 3649136.49; 612194.05, 3649162.86; 612184.12, 3649189.69; 612175.86, 3649217.20; 612169.37, 3649245.18; 612164.66, 3649273.52; 612161.72, 3649302.09; 612160.64, 3649330.80.
(B)Map depicting Unit SC-3 is provided at paragraph (8)(iv)(B) of this entry.
(iv)Unit SC-4: Charleston County, South Carolina. From USGS 1:24,000 quadrangle map Santee, South Carolina.
(A)Land bounded by the following UTM Zone 17N, NAD83 coordinates (E, N): 648576.17, 3668543.24; 648119.03, 3668539.54; 648119.70, 3668568.25; 648122.17, 3668596.86; 648126.43, 3668625.26; 648132.47, 3668653.34; 648140.26, 3668680.98; 648149.77, 3668708.08; 648160.96, 3668734.53; 648173.79, 3668760.22; 648188.21, 3668785.06; 648204.16, 3668808.94; 648221.58, 3668831.78; 648240.40, 3668853.47; 648260.54, 3668873.94; 648281.93, 3668893.11; 648304.48, 3668910.89; 648328.10, 3668927.23; 648352.70, 3668942.05; 648378.18, 3668955.29; 648404.45, 3668966.91; 648431.39, 3668976.86; 648458.90, 3668985.09; 648486.88, 3668991.58; 648515.21, 3668996.30; 648543.78, 3668999.24; 648572.47, 3669000.37; 648601.18, 3668999.70; 648629.80, 3668997.23; 648658.20, 3668992.97; 648686.27, 3668986.93; 648713.92, 3668979.14; 648741.02, 3668969.63; 648767.47, 3668958.44; 648793.16, 3668945.61; 648818.00, 3668931.19; 648841.88, 3668915.24; 648864.71, 3668897.82; 648886.41, 3668879.00; 648906.88, 3668858.86; 648926.05, 3668837.47; 648943.83, 3668814.92; 648960.16, 3668791.30; 648974.98, 3668766.70; 648988.23, 3668741.22; 648999.85, 3668714.96; 649009.79, 3668688.01; 649018.03, 3668660.50; 649024.52, 3668632.52; 649029.24, 3668604.20; 649032.17, 3668575.63; 649033.31, 3668546.93; 649032.64, 3668518.22; 649030.17, 3668489.61; 649025.90, 3668461.21; 649019.87, 3668433.13; 649012.08, 3668405.49; 649002.57, 3668378.39; 648991.37, 3668351.94; 648978.54, 3668326.25; 648964.12, 3668301.41; 648948.17, 3668277.53; 648930.76, 3668254.69; 648911.94, 3668233.00; 648891.80, 3668212.53; 648870.41, 3668193.36; 648847.86, 3668175.58; 648824.24, 3668159.24; 648799.63, 3668144.42; 648774.15, 3668131.18; 648747.89, 3668119.56; 648720.95, 3668109.62; 648693.43, 3668101.38; 648665.46, 3668094.89; 648637.13, 3668090.17; 648608.56, 3668087.23; 648579.86, 3668086.10; 648551.15, 3668086.77; 648522.54, 3668089.24; 648494.14, 3668093.50; 648466.06, 3668099.54; 648438.42, 3668107.33; 648411.32, 3668116.84; 648384.87, 3668128.03; 648359.18, 3668140.86; 648334.34, 3668155.28; 648310.46, 3668171.23; 648287.62, 3668188.65; 648265.93, 3668207.47; 648245.46, 3668227.61; 648226.29, 3668249.00; 648208.50, 3668271.55; 648192.17, 3668295.17; 648177.35, 3668319.77; 648164.11, 3668345.25; 648152.49, 3668371.52; 648142.54, 3668398.46; 648134.31, 3668425.97; 648127.82, 3668453.95; 648123.10, 3668482.28; 648120.16, 3668510.84; 648119.03, 3668539.54.
(B)Map of Units SC-3 and SC-4 (Map 12) follows: BILLING CODE 4310-55-P EP07FE07.014 Dated: January 26, 2007. David M. Verhey, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 07-470 Filed 2-6-07; 8:45 am]
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Traces to 69 documents
U.S. Code
CFR
61 references not yet in our index
  • 17 CFR 240.19
  • 15 USC 80a
  • 17 CFR 19
  • 17 CFR 200.30(a)(12)
  • 14 CFR 301.201
  • 49 CFR 18.1-18
  • 49 CFR 26.7
  • 49 CFR 27.7
  • 49 CFR 661
  • 23 CFR 450
  • 40 CFR 1500
  • 23 CFR 771
  • 36 CFR 800
  • 46 CFR 381
  • 49 CFR 41
  • 49 CFR 20
  • 29 CFR 5
  • 29 CFR 3
  • 49 CFR 21
  • 49 CFR 26
  • 49 CFR 27
  • 49 CFR 31
  • 49 CFR 24
  • 49 CFR 18.31
  • 49 CFR 18.25(g)
  • 49 CFR 18
  • 49 USC 53
  • 49 CFR 18.25
  • 49 CFR 5302(a)(1)(G)
  • 12 CFR 32
  • Pub. L. 106-419
  • Pub. L. 109-233
  • 38 USC 2102A
  • 38 USC 1980A
  • 49 CFR 7
  • Pub. L. 106-424
  • Pub. L. 96-354
  • Pub. L. 96-39
  • Pub. L. 104-4
  • 14 CFR 61
+ 21 more
Citation graph
cites case law
Notices
Notice of an application to amend a prior order under section 6(c) of the Investment Company Act of 1940 (“Act”) to grant exemptions from sections 2(a)(32), 5(a)(1), 22(d), 22(e), and 24(d) of the Act and rule 22c-1 under the Act, under section 12(d)(1)(J) of the Act for an exemption from sections 12(d)(1)(A) and (B) of the Act, and under sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1) and (a)(2) of the Act
U.S.C.§ 78s
U.S.C.§ 78c
U.S.C.§ 78f
C.F.R.§ 200.30-3
U.S.C.§ 78m
C.F.R.§ 230.405
U.S.C.§ 552
U.S.C.§ 78q–1
U.S.C.§ 78a
F. App'x378 F.3d 1059
F. App'x245 F.3d 434
F. App'x48 F.3d 1495
Cites 130 · showing 12Cited by 0 across 0 sources
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