[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules]
[Pages 7010-7011]
[FR Doc No: 2012-3194]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 135

[Docket No. FAA 2011-1397]

Clarification of Policy Regarding Approved Training Programs;
Correction

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of availability; Correction.

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SUMMARY: The FAA is correcting a notice published on December 27, 2011
(76 FR 80831). In that notice of availability the FAA announced the
availability of an FAA Notice that would require FAA inspectors to
review policy regarding approved training programs as well as to
identify and correct those training programs which erroneously issued
credit for previous training or checking. The Notice also provided
guidance on constructing reduced hour training programs based on
previous experience. Upon review of the comments and any necessary
revision, the Notice would cancel and replace FAA Order 8900.1, Volume
3, Chapter 19, Paragraph 3-1111. This document corrects an incorrect
comment due date.

DATES: Written comments must be received on or before February 27,
2012.

ADDRESSES: Send comments identified by docket number FAA-2011-1397
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Robert Burke, Air Carrier Training
Branch, Air Transportation Division, Flight Standards Service, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
Background

    On December 27, 2011, the FAA published a notice of availability
entitled, ``Clarification of Policy Regarding Approved Training
Programs'' (76 FR 80831).
    The FAA Order 8900.1, Flight Standards Information Management
System, was issued on September 13, 2007. This order consolidated and
replaced FAA Orders 8300.1, 8400.1, and 8700.1, the FAA's guidance to
inspectors. There have been numerous inquiries by part 135 certificate
holders regarding the acceptance of training/evaluations previously
completed by a crewmember while in the employment of another
certificate holder. Regulations do not permit the crediting of such
training (with the specific exception of CRM and DRM training).
    Additionally, some training centers have distributed a training
program template that provides credit for training/evaluations
conducted by another operator. Such provisions are contrary to the
intent as well as the technical provisions of part 135 and are not
appropriate for inclusion in a certificate holder's approved training
program.
    Part 135 certificate holders may develop and submit for approval
multiple curriculums for a particular crewmember position and aircraft
make/model/variant. For example, a part 135 certificate holder may have
a an initial new-hire curriculum designed to meet the requirements of
new hire crewmembers that have minimal flight

time, no previous part 135 experience, or do not have qualifications
related to the certificate holder's operational environment. The
certificate holder may then also apply for a reduced new hire
curriculum for pilots that have previous experience as a crewmember in
part 135 operations and/or the particular aircraft and duty position.
The second curriculum in this example may have less training hours due
to the crewmember's extensive experience. Each of these curriculums
would also have detailed prerequisites to define the level of
experience required to enter into either of these new hire programs.
There are no hour requirements which need to be defined on a reduced
training program, however all the training elements of the certificate
holder's full initial training program must be accomplished as well as
the qualification module.
    While the FAA generally does not request comment on internal
Notices and orders, the agency has established a docket for public
comments regarding this guidance for inspectors in recognition of the
interest of current 14 CFR part 135 certificate holders. The agency
will consider all comments received by February 27, 2012. Comments
received after that date may be considered if consideration will not
delay agency action on the review. A copy of the proposed order is
available for review in the assigned docket for the Order at http://www.regulations.gov.

Correction

    This document is correcting an incorrect comment due date of
January 26, 2012 and replacing it with the correct comment due date of
February 27, 2012.

    Issued in Washington, DC, on February 2, 2012.
John S. Duncan,
Acting Deputy Director, FAA Flight Standards Service.
[FR Doc. 2012-3194 Filed 2-9-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 19, 2008 (Volume 73, Number 224)]
[Notices]
[Page 69712-69714]
[DOCID:fr19no08-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58933; File No. SR-NYSEALTR-2008-05]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Alternext US LLC To
Extend Its Temporary Program Relating to Section 31-Related Funds

November 12, 2008.
    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 November 7, 2008, NYSE Alternext US LLC (``NYSE
Alternext'' or the ``Exchange'') filed with the Securities and Exchange
Commission the proposed rule changes as described in Items I and II
below, which items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
changes from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE Alternext, formerly known as the American Stock Exchange
LLC (``Amex''), proposes to extend until January 13, 2009 a temporary
program, which allows member firms to voluntarily submit funds
previously accumulated by the member firms pursuant to Rule 393 and not
forwarded to be subsequently used by the Exchange to satisfy its
obligation to remit Section 31 fees to the Commission.
    The text of the proposed rule change is available on the Exchange's
Web site at www.nyse.com, at the Exchange's principal office, 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 self-regulatory organization
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. NYSE Alternext 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
    Pursuant to Section 31 of the Act \4\ and Commission Rule 31,\5\
NYSE Alternext US and other national securities exchanges are required
to pay a transaction fee to the Commission that is designed to recover
the costs related to the government's supervision and regulation of the
securities markets and securities professionals. To offset this
obligation, NYSE Alternext US assesses its clearing and self-clearing
members a regulatory fee in accordance with Rule 393, which mirrors
Section 31 in both

scope and amount. Clearing members may in turn seek to charge a fee to
their customers or correspondent firms. Any allocation of the fee
between the clearing member and its correspondent firm or customer is
the responsibility of the clearing member.
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    \4\ 15 U.S.C. 78ee.
    \5\ 17 CFR 240.31.
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    Reconciling the amounts reported to the Exchange and the amounts
collected from the customers historically had been difficult for member
firms, causing surpluses to accumulate at some member firms (referred
to as ``accumulated funds''). These accumulated funds were not remitted
to the Exchange by certain members, despite the fact that these charges
may have been previously identified as ``Section 31 Fees'' or ``SEC
Fee'' by the firms.\6\ In addition, since Amex used a ``self-
reporting'' methodology for its members to report and remit amounts
payable pursuant to Rule 393 prior to the implementation of its billing
system in December 2007, the Exchange accumulated amounts in excess of
the amounts due and paid by the Exchange to the Commission pursuant to
Section 31 and Rule 31 (``Exchange accumulated funds'').
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    \6\ The Commission stated in its release adopting new Rule 31
and Rule 31T that ``it is misleading to suggest that a customer or
[self-regulatory organization] member incurs an obligation to the
Commission under Section 31.'' See Securities Exchange Act Release
No. 49928 (June 28, 2004), 69 FR 41060 (July 7, 2004). In response
to this statement, the Exchange issued a Notice to members regarding
its Rule 393 Fee and the SEC's ``Section 31 Fee'', and provided
guidance for members and member organizations that choose to charge
their customers fees. See Amex Notice REG 2004-42 Finance (October
29, 2004).
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    In May 2008, the Commission approved the adoption of Commentary.01
to Rule 393 that allows firms, on a one-time-only basis, voluntarily to
remit historically accumulated funds to the Exchange. These funds will
be used to pay the Exchange's current Section 31 fees in conformity
with prior representations made by member firms. In addition, a member
or member organization may designate all or part of the Exchange
accumulated excess held by the Exchange and allocated to such member be
used by the Exchange in accordance with the new Commentary to Rule 393.
Finally, to the extent the payment of these historically accumulated
funds or Exchange accumulated funds is in excess of the Section 31 fees
due the Commission from NYSE Alternext US, such surplus shall be used
by the Exchange to offset regulatory costs.
    In accordance with Rule 393, Commentary.01 the effective dates of
the temporary program were from May 23, 2008 through October 23,
2008.\7\ In the interest of providing member firms with additional
notice of the temporary program and providing additional opportunity
for member firms to remit historically accumulated funds in accordance
with such program, the Exchange now proposes to extend the program
through January 13, 2009. The Exchange believes that an extension of
its temporary program will permit the Exchange to provide additional
notice of the program to members firms and will provide a transparent
way of addressing the issue of accumulated funds held at the member
firm level and by the Exchange.\8\
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    \7\ See Securities Exchange Act Release No. 57829 (May 16,
2008), 73 FR 30173 (May 23, 2008) (SR-Amex-2007-107) (order
approving procedures under Rule 393 regarding Section 31-related
funds).
    \8\ The Exchange notes that the date of proposed termination of
the program coincides with the termination date of a similar
temporary program implemented by the New York Stock Exchange LLC.
See Securities Exchange Act Release No. 58108 (July 7, 2008), 73 FR
40413 (July 14, 2008) (SR-NYSE-2007-64).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\9\ in general and furthers the objectives of Section 6(b)(5) of the
Act \10\ 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, 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. The Exchange believes that an extension of its
temporary program until January 13, 2009 will permit the Exchange to
provide additional notice to member firms regarding the program and
will provide a transparent way of addressing the issue of accumulated
funds held at the member firm level and by the Exchange.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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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 purpose 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 proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, 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\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required 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 business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay in this case. The Commission hereby grants the
Exchange's request and believes that doing so is consistent with the
protection of investors and the public interest. The Commission
previously found similar proposals from other SROs to be consistent
with the Act.\13\ The Commission is not aware of any issue that should
cause it to revisit those findings or preclude the immediate
operativeness of the extension of the NYSE Alternext proposal. The
Commission notes that, because the program is voluntary, it imposes no
obligation on any NYSE Alternext member that believes that accumulated
funds should be retained or disposed of in another manner. For these
reasons, the Commission designates that the proposed rule change become
operative immediately upon filing.\14\
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    \13\ See Securities Exchange Act Release No. 58108 (July 7,
2008), 73 FR 40413 (July 14, 2008) (SR-NYSE-2007-64); Securities
Exchange Act Release No. 55886 (June 8, 2007), 72 FR 32935 (June 14,
2007) (SR-NASD-2007-027).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate

the 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 an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEALTR-2008-05 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEALTR-2008-05. 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, on official
business days between the hours of 10 a.m. and 3 p.m. 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-NYSEALTR-2008-05 and should be submitted on or before
December 10, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 15 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-27426 Filed 11-18-08; 8:45 am]

BILLING CODE 8011-01-P