80 FR 33397 - Removal of Pilot Pairing Requirement
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 113 (June 12, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 113 (June 12, 2015)
| Page Range | 33397-33401 | |
| FR Document | 2015-14248 |
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)] [Rules and Regulations] [Pages 33397-33401] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14248] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations [[Page 33397]] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61 and 121 [Docket No.: FAA-2015-2129; Amdt. Nos. 61-134 and 121-372] RIN 2120-AK68 Removal of Pilot Pairing Requirement AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule conforms Federal Aviation Administration regulations to International Civil Aviation Organization standards and the Fair Treatment for Experienced Pilots Act, both of which no longer contain a pilot pairing requirement. Accordingly, this final rule removes the requirement for a pilot in command who has reached age 60 to be paired with a pilot under age 60 in international commercial air transport operations by air carriers conducting flag and supplemental operations, as well as for other pilots serving in certain international operations using civil airplanes on the U.S. registry. The removal of this restriction will allow all pilots serving on airplanes in international commercial air transport with more than one pilot to serve until age 65 without a requirement to be paired with a pilot under age 60. DATES: This action becomes effective June 12, 2015. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this document, contact Nancy Lauck Claussen, Air Transportation Division (AFS-200), Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email [email protected]. For legal questions concerning this document, contact Sara Mikolop, Office of the Chief Counsel (AGC-200), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267- 3073; email [email protected]. SUPPLEMENTARY INFORMATION: Good Cause for Immediate Adoption The FAA is adopting this final rule without prior notice and public comment effective June 12, 2015. Section 553(b)(B) of the Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ``good cause'' finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. Additionally, section 553(d) of the APA provides a ``good cause'' exception from the requirement to publish a substantive rule at least 30 days before its effective date. Recent action by the International Civil Aviation Organization (ICAO) to remove the requirement in ICAO Annex 1 (Personnel Licensing), Chapter 2 (Licenses and Ratings for Pilots), Standard 2.1.10.1 to pair a pilot in command (PIC) who has reached age 60 with a pilot under age 60, triggered the sunset of the pilot pairing limitation in 49 U.S.C. 44729(c)(1). Based on this action, as of November 13, 2014, the statutory basis for the pilot pairing requirements in Sec. Sec. 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) of Title 14 of the Code of Federal Regulations (14 CFR) no longer exists and these regulations are contrary to 49 U.S.C. 44729. The FAA finds that notice and public comment to this immediately adopted final rule are unnecessary and contrary to the public interest because this final rule is limited to conforming 14 CFR parts 61 and 121 with recent changes to statutory requirements pertaining to pilot age limitations. On November 13, 2014, the statutory requirement in 49 U.S.C. 44729(c)(1) for a pilot in command who had reached age 60 to be paired with a pilot under age 60 ceased to be effective, although the regulatory requirements in 14 CFR pertaining to pilot pairing remained in place. It is contrary to the public interest to allow regulatory requirements pertaining to pilot age limitations to remain in the Code of Federal Regulations when those requirements present a direct conflict with the statutory requirements in the United States Code pertaining to pilot age limitations. Further, under section 553(d)(3) of the APA, the FAA finds that good cause exists for making this rule effective upon publication to minimize any possible confusion between the statutory requirements pertaining to pilot age limitations in 49 U.S.C. 44729 and the regulatory requirements pertaining to pilot age limitations in Sec. Sec. 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) of 14 CFR. Authority for This Rulemaking The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. Additionally, the Fair Treatment for Experienced Pilots Act (Pub. L. 110-135), codified at 49 U.S.C. 44729, establishes requirements pertaining to pilot age limitations. This rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules and conform FAA requirements pertaining to pilot age limitations with the Fair Treatment for Experienced Pilots Act. I. Overview of Immediately Adopted Final Rule This final rule removes the requirements in Sec. Sec. 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) for a PIC who has reached age 60 to be paired with a pilot under age 60 in international commercial air transport operations conducted under part 121, as well as for pilots relying on a certificate issued under part 61 and serving in certain international operations using civil airplanes on the U.S. registry. The removal of this restriction will allow all pilots serving on airplanes in international commercial air transport with more than one pilot, to serve beyond 60 years of age (until 65 years of age) without a requirement to be paired with a pilot under 60 years of age. This final rule conforms FAA [[Page 33398]] regulations with ICAO standards and the Fair Treatment for Experienced Pilots Act, which no longer contain a pilot pairing requirement. II. Background A. Fair Treatment for Experienced Pilots Act On December 13, 2007, the Fair Treatment for Experienced Pilots Act (Pub. L. 110-135) amended Title 49 of the United States Code by adding section 44729. Section 44729(a) raised the age limit for pilots serving in operations under part 121 \1\ from age 60 to age 65, subject to the limitations in section 44729(c) applicable to PICs on international flights. --------------------------------------------------------------------------- \1\ The statute uses the term ``covered operations'' to describe part 121 operations. See 49 U.S.C. 44729(b). --------------------------------------------------------------------------- Section 44729(c) provided a pilot pairing limitation for PICs serving on international flights. Specifically, section 44729(c)(1) states, ``A pilot who has attained 60 years of age may serve as pilot- in-command in covered operations between the United States and another country only if there is another pilot in the flight deck crew who has not yet attained 60 years of age.'' The pilot pairing requirement in section 44729(c)(1) was consistent with the pilot pairing standard in ICAO Annex 1 (Personnel Licensing), Chapter 2 (Licenses and Ratings for Pilots), Standard 2.1.10.1, applicable to multi-pilot crews in effect at the time that section 44729 was added to the United States Code. Until November 13, 2014, Standard 2.1.10.1 stated: A Contracting State, having issued pilot licences, shall not permit the holders thereof to act as pilot-in-command of an aircraft engaged in international commercial air transport operations if the licence holders have attained their 60th birthday or, in the case of operations with more than one pilot where the other pilot is younger than 60 years of age, their 65th birthday. The Agency notes that for operations with a single pilot, Standard 2.1.10.1 requires the pilot to be under age 60. The Fair Treatment for Experienced Pilots Act also provided for a self-executing sunset of the pilot pairing requirement. Specifically, section 44729(c)(2) provides that the pilot pairing requirement in section 44729(c)(1) would cease to be effective on the date that ICAO removed the pilot pairing limitation in Standard 2.1.10.1. Section 44729(c)(2) states that ``[p]aragraph [c](1), shall cease to be effective on such date as the Convention on International Civil Aviation provides that a pilot who has attained 60 years of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the flight deck crew who has not attained age 60.'' B. ``Part 121 Pilot Age Limit'' Final Rule On July 15, 2009, the FAA published the ``Part 121 Pilot Age Limit'' final rule (74 FR 34229) to conform FAA regulations to the statutory requirements in the Fair Treatment for Experienced Pilots Act (codified at 49 U.S.C. 44729). Based on the statutory authority in 49 U.S.C. 44729, the 2009 final rule raised the pilot age limitation from 60 to 65 and added the pilot pairing requirement for pilots conducting part 121 operations and other multi-pilot operations, between or over the territory of more than one country using U.S.-registered airplanes. In the 2009 final rule preamble, the Agency stated that it believed that the Fair Treatment for Experienced Pilots Act intended to harmonize FAA regulations with the ICAO standard pertaining to pilot age limitations and pilot pairing requirements, which would encompass international operations in addition to the part 121 operations identified by the Act. See 74 FR 34229, 34230 (July 15, 2009). The ICAO standard pertaining to pilot age limitations and pilot pairing applies to pilots serving in operations between his or her home state and another country, as well as between two territories outside of his or her home state. Accordingly, to harmonize the Agency's regulations with the ICAO standard and further the intent of the Fair Treatment for Experienced Pilots Act, the 2009 final rule added the pilot age limitations and pilot pairing requirement for pilots conducting operations between two international territories using U.S.-registered airplanes and relying on certificates issued under part 61.\2\ As a result, for multi-pilot operations, the 2009 final rule increased the maximum age for a pilot to serve and added the pilot pairing requirement for part 121 operations and certain other international air service and air transportation operations using airplanes on the U.S. registry (See Sec. Sec. 61.3(j), 61.77(e) and (g), and 121.383(d) and (e)). --------------------------------------------------------------------------- \2\ The Agency notes that in accordance with 14 CFR 129.5(b), each foreign air carrier conducting operations within the United States must conduct its operations in accordance with the Standards contained in Annex 1 (Personnel Licensing), Annex 6 (Operation of Aircraft), Part I (International Commercial Air Transport- Aeroplanes) or Part III (International Operations-Helicopters), as appropriate, and in Annex 8 (Airworthiness of Aircraft) to the Convention on International Civil Aviation. Additionally, in accordance with Sec. 129.1(b), operations of U.S.-registered aircraft solely outside of the United States in common carriage by a foreign person or a foreign air carrier must also be in compliance with the ICAO Standards identified in Sec. 129.5(b). Therefore, for these operations, the ICAO amendment to the pilot pairing limitation applies without further change to 14 CFR. The FAA further notes that beginning on the date the ICAO amendment became applicable (November 13, 2014), as an ICAO member state, no foreign air carrier conducting operations under part 129 may conduct operations to or from the United States with any pilot who has reached age 65. This same limitation applies to operations covered by Sec. 129.1(b). --------------------------------------------------------------------------- The 2009 final rule did not change the maximum age for pilots serving in international operations covered by Sec. 61.3(j)(1) using a single pilot (i.e., the pilot must be under age 60). See Sec. 61.3(j)(2) and 61.77(g). A pilot is only permitted to continue to serve upon reaching age 60 if that pilot serves as a member of a multi-pilot crew that includes a pilot under age 60. Thus, as was the case prior to the 2009 final rule, operations covered by Sec. 61.3(j)(1) that use a single pilot can only be operated by a pilot who has not yet reached 60 years of age. C. ICAO Amendment 172 to Annex 1, Personnel Licensing, Standard 2.1.10.1 During a meeting of the ICAO Council on March 3, 2014, Council members adopted Amendment 172 to Annex 1, Personnel Licensing. The amendment removed the requirement in Standard 2.1.10.1 to pair a PIC who has reached age 60 with a pilot under age 60, and renumbered the standard as 2.1.10. Without the pairing requirement, all pilots on multi-pilot crews serving in international air transport commercial operations may continue to serve as long as they have not reached 65 years of age.\3\ Amendment 172 to Annex 1, Personnel Licensing, became applicable on November 13, 2014. --------------------------------------------------------------------------- \3\ Amendment 172 to Annex 1, Personnel Licensing, does not change the existing maximum age permitted for pilots engaged in single-pilot operations. Pilots serving in single-pilot operations must be under age 60. --------------------------------------------------------------------------- D. Effect of ICAO Amendment and Sunset of 49 U.S.C. 44729(c)(1) on FAA Regulations As previously discussed, 49 U.S.C. 44729(c)(2) states that the pilot pairing requirement in 49 U.S.C. 44729(c)(1) ceases to be effective when ICAO removes the pilot pairing requirement from Annex 1 (Personnel Licensing), Chapter 2 (Licenses and Ratings for Pilots), Standard 2.1.10.1. On November 13, 2014, the revised Standard 2.1.10, that no longer contains the pilot pairing requirement, became applicable. Accordingly, on November 13, 2014, the [[Page 33399]] pilot pairing limitation of 49 U.S.C. 44729(c)(1) ceased to be effective. The FAA subsequently published a Notice of Policy (79 FR 67346, November 13, 2014) explaining that once the pilot pairing limitation of 49 U.S.C. 44729(c)(1) ceased to be effective, the statutory basis for the pilot pairing requirements in 14 CFR 61.3(j)(2), 61.77(g) and 121.383(d)(2) and (e)(2) would no longer exist, and those regulations would be contrary to 49 U.S.C. 44729. Based on the foregoing, in the Notice of Policy, the FAA further stated that it would no longer enforce the pilot pairing requirements contained in 14 CFR 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) as of the date the ICAO amendment became applicable and corresponding sunset of 49 U.S.C. 44729(c)(1). The ICAO amendment became applicable and the sunset of 49 U.S.C. 44729(c)(1) took place on November 13, 2014. III. Discussion of Immediately Adopted Final Rule This final rule conforms FAA regulations in Title 14 of the Code of Federal Regulations (14 CFR) with the Fair Treatment for Experienced Pilots Act by removing the current pilot pairing requirements from parts 121 and 61. Specifically, the Agency has amended Sec. 121.383(d) and (e) to allow all pilots serving in part 121 operations of any kind (i.e., domestic, flag, or supplemental) to serve as long as that pilot has not reached his or her 65th birthday. Additionally, the Agency has amended Sec. Sec. 61.3 and 61.77 to allow all pilots relying on a certificate issued under part 61 and serving in certain international operations using civil airplanes on the U.S. registry to continue to serve in multi-pilot crews as long as they have not reached their 65th birthday. The maximum age for pilots serving in single pilot crews in operations covered by Sec. 61.3(j)(1) has not changed. This rulemaking provides relieving changes that create the opportunity for scheduling efficiencies because only the maximum pilot age of 65 needs to be considered in bidding for, or flying international flights. All pilots serving in any kind of part 121 operation (i.e., domestic, flag, or supplemental) may continue to serve until they reach their 65th birthday, regardless of the age of the other pilot(s) on their flightcrew. This rulemaking also provides relieving changes for certain other pilots with certificates issued in accordance with part 61, who serve with multi-pilot crews in international operations using civil airplanes on the U.S. registry. IV. Regulatory Notices and Analyses A. Regulatory Evaluation Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct 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, the 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 final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: This final rule is relieving in that it removes the requirement to pair a pilot who has reached age 60 with a pilot who is under age 60 in international operations covered by part 121 and certain other international operations identified in Sec. Sec. 61.3 and 61.77. The removal of this pilot pairing requirement eases flight scheduling and crew rest requirement costs because, for multi-pilot operations, only the maximum pilot age of 65 needs to be considered in bidding for, or flying international flights covered by part 121 and certain other international operations. The expected outcome will be lower costs. Therefore, a regulatory evaluation was not prepared. FAA has therefore determined that this final rule is not a ``significant regulatory action'' as defined in section 3(f) of Executive Order 12866, and it is not ``significant'' as defined in DOT's regulatory policies and procedures provided in DOT 2100.5. B. 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 FAA believes that this final rule does not have a significant economic impact on a substantial number of small entities for the following reasons. This final rule removes the age-based pilot pairing requirements from parts 121 and 61. The expected result will be reduced costs or minimal cost for any small entity affected by this rulemaking action. Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. [[Page 33400]] L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. 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 final rule and determined that it conforms to international standards regarding pilot age limits and, therefore, does not create unnecessary obstacles to the foreign commerce of the United States. D. 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 (in 1995 dollars) 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 $151 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this immediately adopted final rule. F. International Compatibility and Executive Order 13609, Promoting International Regulatory Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to ICAO Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no differences with these proposed regulations. Executive Order 13609, Promoting International Regulatory Cooperation, (77 FR 26413, May 4, 2012) promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policy and agency responsibilities of Executive Order 13609, Promoting International Regulatory Cooperation. The FAA has determined that this action would eliminate differences between U.S. aviation standards and those of other civil aviation authorities by conforming FAA regulations to the corresponding ICAO Standards and Recommended Practices. G. 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 rulemaking action qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances. V. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The Agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government; therefore, this final rule does not have Federalism implications. B. Executive Order 13211, Regulations that Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The Agency has determined that it is not a ``significant energy action'' under the Executive Order, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. VI. How To Obtain Additional Information A. Rulemaking Documents An electronic copy of a rulemaking document may be obtained by using the Internet-- 1. Search the Federal eRulemaking Portal (http://www.regulations.gov); 2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or 3. Access the Government Publishing Office's Web page at: http://www.thefederalregister.org/fdsys/. Copies may also be obtained by sending a request (identified by amendment or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9677. B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/. List of Subjects 14 CFR Part 61 Airmen, Aviation safety. 14 CFR Part 121 Air carriers, Aircraft, Airmen, Aviation safety. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of Title 14, Code of Federal Regulations as follows: PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 0 1. The authority citation for part 61 is revised to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 44709-44711, 44729, 45102-45103, 45301-45302. 0 2. Amend Sec. 61.3 as follows: 0 a. Revise paragraph (j)(1) introductory text; [[Page 33401]] 0 b. Remove paragraph (j)(2); and 0 c. Redesignate paragraph (j)(3) as paragraph (j)(2). The revision reads as follows: Sec. 61.3 Requirement for certificates, ratings and authorizations. * * * * * (j) * * * (1) Age limitation. No person who holds a pilot certificate issued under this part may serve as a pilot on a civil airplane of U.S. registry in the following operations if the person has reached his or her 60th birthday or, in the case of operations with more than one pilot, his or her 65th birthday: * * * * * 0 3. Amend Sec. 61.77 as follows: 0 A. Revise paragraph (e) introductory text; 0 B. Remove paragraph (g); and 0 C. Redesignate paragraphs (h) through (j) as paragraphs (g) through (i), respectively. The revision reads as follows: Sec. 61.77 Special purpose pilot authorization: Operation of a civil aircraft of the United States and leased by a non-U.S. citizen. * * * * * (e) Age limitation. No person who holds a special purpose pilot authorization issued under this part may serve as a pilot on a civil airplane of U.S. registry in the following operations if the person has reached his or her 60th birthday or, in the case of operations with more than one pilot, his or her 65th birthday: * * * * * PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 0 4. The authority citation for part 121 is revised to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note). 0 5. Amend Sec. 121.383 by revising paragraphs (d) and (e) to read as follows: Sec. 121.383 Airman: Limitations on use of services. * * * * * (d) No certificate holder may use the services of any person as a pilot on an airplane engaged in operations under this part if that person has reached his or her 65th birthday. (e) No pilot may serve as a pilot in operations under this part if that person has reached his or her 65th birthday. Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on June 3, 2015. Michael P. Huerta, Administrator. [FR Doc. 2015-14248 Filed 6-11-15; 8:45 am] BILLING CODE 4910-13-P
![33397
Rules and Regulations Federal Register
Vol. 80, No. 113
Friday, June 12, 2015
This section of the FEDERAL REGISTER For legal questions concerning this It is contrary to the public interest to
contains regulatory documents having general document, contact Sara Mikolop, Office allow regulatory requirements
applicability and legal effect, most of which of the Chief Counsel (AGC–200), Federal pertaining to pilot age limitations to
are keyed to and codified in the Code of Aviation Administration, 800 remain in the Code of Federal
Federal Regulations, which is published under Independence Avenue SW., Regulations when those requirements
50 titles pursuant to 44 U.S.C. 1510.
Washington, DC 20591; telephone (202) present a direct conflict with the
The Code of Federal Regulations is sold by 267–3073; email Sara.Mikolop@faa.gov. statutory requirements in the United
the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: States Code pertaining to pilot age
new books are listed in the first FEDERAL limitations. Further, under section
REGISTER issue of each week. Good Cause for Immediate Adoption 553(d)(3) of the APA, the FAA finds that
The FAA is adopting this final rule good cause exists for making this rule
without prior notice and public effective upon publication to minimize
DEPARTMENT OF TRANSPORTATION comment effective June 12, 2015. any possible confusion between the
Section 553(b)(B) of the Administrative statutory requirements pertaining to
Federal Aviation Administration Procedure Act (APA) (5 U.S.C.) pilot age limitations in 49 U.S.C. 44729
authorizes agencies to dispense with and the regulatory requirements
14 CFR Parts 61 and 121 notice and comment procedures for pertaining to pilot age limitations in
[Docket No.: FAA–2015–2129; Amdt. Nos. rules when the agency for ‘‘good cause’’ §§ 61.3(j)(2), 61.77(g), and 121.383(d)(2)
61–134 and 121–372] finds that those procedures are and (e)(2) of 14 CFR.
RIN 2120–AK68 ‘‘impracticable, unnecessary, or contrary Authority for This Rulemaking
to the public interest.’’ Under this
section, an agency, upon finding good The FAA’s authority to issue rules on
Removal of Pilot Pairing Requirement aviation safety is found in Title 49 of the
cause, may issue a final rule without
AGENCY: Federal Aviation seeking comment prior to the United States Code. Subtitle I, Section
Administration (FAA), DOT. 106 describes the authority of the FAA
rulemaking. Additionally, section
ACTION: Final rule. Administrator. Subtitle VII, Aviation
553(d) of the APA provides a ‘‘good
Programs, describes in more detail the
cause’’ exception from the requirement
SUMMARY: This final rule conforms scope of the Agency’s authority.
to publish a substantive rule at least 30
Federal Aviation Administration Additionally, the Fair Treatment for
days before its effective date.
regulations to International Civil Experienced Pilots Act (Pub. L. 110–
Recent action by the International
Aviation Organization standards and the 135), codified at 49 U.S.C. 44729,
Civil Aviation Organization (ICAO) to
Fair Treatment for Experienced Pilots establishes requirements pertaining to
remove the requirement in ICAO Annex
Act, both of which no longer contain a pilot age limitations.
1 (Personnel Licensing), Chapter 2 This rulemaking is promulgated
pilot pairing requirement. Accordingly, (Licenses and Ratings for Pilots),
this final rule removes the requirement under the authority described in 49
Standard 2.1.10.1 to pair a pilot in U.S.C. 106(f), which establishes the
for a pilot in command who has reached command (PIC) who has reached age 60
age 60 to be paired with a pilot under authority of the Administrator to
with a pilot under age 60, triggered the promulgate regulations and rules and
age 60 in international commercial air sunset of the pilot pairing limitation in
transport operations by air carriers conform FAA requirements pertaining
49 U.S.C. 44729(c)(1). Based on this to pilot age limitations with the Fair
conducting flag and supplemental action, as of November 13, 2014, the
operations, as well as for other pilots Treatment for Experienced Pilots Act.
statutory basis for the pilot pairing
serving in certain international requirements in §§ 61.3(j)(2), 61.77(g), I. Overview of Immediately Adopted
operations using civil airplanes on the and 121.383(d)(2) and (e)(2) of Title 14 Final Rule
U.S. registry. The removal of this of the Code of Federal Regulations (14 This final rule removes the
restriction will allow all pilots serving CFR) no longer exists and these requirements in §§ 61.3(j)(2), 61.77(g),
on airplanes in international regulations are contrary to 49 U.S.C. and 121.383(d)(2) and (e)(2) for a PIC
commercial air transport with more than 44729. who has reached age 60 to be paired
one pilot to serve until age 65 without The FAA finds that notice and public with a pilot under age 60 in
a requirement to be paired with a pilot comment to this immediately adopted international commercial air transport
under age 60. final rule are unnecessary and contrary operations conducted under part 121, as
DATES: This action becomes effective to the public interest because this final well as for pilots relying on a certificate
June 12, 2015. rule is limited to conforming 14 CFR issued under part 61 and serving in
FOR FURTHER INFORMATION CONTACT: For parts 61 and 121 with recent changes to certain international operations using
technical questions concerning this statutory requirements pertaining to civil airplanes on the U.S. registry. The
asabaliauskas on DSK5VPTVN1PROD with RULES
document, contact Nancy Lauck pilot age limitations. On November 13, removal of this restriction will allow all
Claussen, Air Transportation Division 2014, the statutory requirement in 49 pilots serving on airplanes in
(AFS–200), Flight Standards Service, U.S.C. 44729(c)(1) for a pilot in international commercial air transport
Federal Aviation Administration, 800 command who had reached age 60 to be with more than one pilot, to serve
Independence Avenue SW., paired with a pilot under age 60 ceased beyond 60 years of age (until 65 years
Washington, DC 20591; telephone (202) to be effective, although the regulatory of age) without a requirement to be
267–8166; email Nancy.L.Claussen@ requirements in 14 CFR pertaining to paired with a pilot under 60 years of
faa.gov. pilot pairing remained in place. age. This final rule conforms FAA
VerDate Sep<11>2014 17:48 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1](https://thefederalregister.org/doc/80_FR_33510/page/1.svg)
![33398 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations
regulations with ICAO standards and international commercial operations multi-pilot operations, the 2009 final
the Fair Treatment for Experienced without regard to whether there is rule increased the maximum age for a
Pilots Act, which no longer contain a another pilot in the flight deck crew pilot to serve and added the pilot
pilot pairing requirement. who has not attained age 60.’’ pairing requirement for part 121
operations and certain other
II. Background B. ‘‘Part 121 Pilot Age Limit’’ Final Rule
international air service and air
A. Fair Treatment for Experienced Pilots On July 15, 2009, the FAA published transportation operations using
Act the ‘‘Part 121 Pilot Age Limit’’ final rule airplanes on the U.S. registry (See
On December 13, 2007, the Fair (74 FR 34229) to conform FAA §§ 61.3(j), 61.77(e) and (g), and
Treatment for Experienced Pilots Act regulations to the statutory requirements 121.383(d) and (e)).
(Pub. L. 110–135) amended Title 49 of in the Fair Treatment for Experienced The 2009 final rule did not change the
the United States Code by adding Pilots Act (codified at 49 U.S.C. 44729). maximum age for pilots serving in
section 44729. Section 44729(a) raised Based on the statutory authority in 49 international operations covered by
the age limit for pilots serving in U.S.C. 44729, the 2009 final rule raised § 61.3(j)(1) using a single pilot (i.e., the
operations under part 121 1 from age 60 the pilot age limitation from 60 to 65 pilot must be under age 60). See
to age 65, subject to the limitations in and added the pilot pairing requirement § 61.3(j)(2) and 61.77(g). A pilot is only
section 44729(c) applicable to PICs on for pilots conducting part 121 permitted to continue to serve upon
international flights. operations and other multi-pilot reaching age 60 if that pilot serves as a
Section 44729(c) provided a pilot operations, between or over the territory member of a multi-pilot crew that
pairing limitation for PICs serving on of more than one country using U.S.- includes a pilot under age 60. Thus, as
international flights. Specifically, registered airplanes. was the case prior to the 2009 final rule,
section 44729(c)(1) states, ‘‘A pilot who In the 2009 final rule preamble, the operations covered by § 61.3(j)(1) that
has attained 60 years of age may serve Agency stated that it believed that the use a single pilot can only be operated
as pilot-in-command in covered Fair Treatment for Experienced Pilots by a pilot who has not yet reached 60
operations between the United States Act intended to harmonize FAA years of age.
and another country only if there is regulations with the ICAO standard
another pilot in the flight deck crew pertaining to pilot age limitations and C. ICAO Amendment 172 to Annex 1,
who has not yet attained 60 years of pilot pairing requirements, which Personnel Licensing, Standard 2.1.10.1
age.’’ The pilot pairing requirement in would encompass international
During a meeting of the ICAO Council
section 44729(c)(1) was consistent with operations in addition to the part 121
on March 3, 2014, Council members
the pilot pairing standard in ICAO operations identified by the Act. See 74
adopted Amendment 172 to Annex 1,
Annex 1 (Personnel Licensing), Chapter FR 34229, 34230 (July 15, 2009). The
Personnel Licensing. The amendment
2 (Licenses and Ratings for Pilots), ICAO standard pertaining to pilot age
removed the requirement in Standard
Standard 2.1.10.1, applicable to multi- limitations and pilot pairing applies to
2.1.10.1 to pair a PIC who has reached
pilot crews in effect at the time that pilots serving in operations between his
age 60 with a pilot under age 60, and
section 44729 was added to the United or her home state and another country,
renumbered the standard as 2.1.10.
States Code. Until November 13, 2014, as well as between two territories
Without the pairing requirement, all
Standard 2.1.10.1 stated: outside of his or her home state.
Accordingly, to harmonize the pilots on multi-pilot crews serving in
A Contracting State, having issued pilot Agency’s regulations with the ICAO international air transport commercial
licences, shall not permit the holders thereof
standard and further the intent of the operations may continue to serve as
to act as pilot-in-command of an aircraft long as they have not reached 65 years
engaged in international commercial air Fair Treatment for Experienced Pilots
Act, the 2009 final rule added the pilot of age.3 Amendment 172 to Annex 1,
transport operations if the licence holders
age limitations and pilot pairing Personnel Licensing, became applicable
have attained their 60th birthday or, in the
case of operations with more than one pilot requirement for pilots conducting on November 13, 2014.
where the other pilot is younger than 60 operations between two international D. Effect of ICAO Amendment and
years of age, their 65th birthday. territories using U.S.-registered Sunset of 49 U.S.C. 44729(c)(1) on FAA
The Agency notes that for operations airplanes and relying on certificates Regulations
with a single pilot, Standard 2.1.10.1 issued under part 61.2 As a result, for
requires the pilot to be under age 60. As previously discussed, 49 U.S.C.
The Fair Treatment for Experienced 2 The Agency notes that in accordance with 14 44729(c)(2) states that the pilot pairing
Pilots Act also provided for a self- CFR 129.5(b), each foreign air carrier conducting requirement in 49 U.S.C. 44729(c)(1)
operations within the United States must conduct ceases to be effective when ICAO
executing sunset of the pilot pairing its operations in accordance with the Standards
requirement. Specifically, section contained in Annex 1 (Personnel Licensing), Annex
removes the pilot pairing requirement
44729(c)(2) provides that the pilot 6 (Operation of Aircraft), Part I (International from Annex 1 (Personnel Licensing),
pairing requirement in section Commercial Air Transport–Aeroplanes) or Part III Chapter 2 (Licenses and Ratings for
(International Operations–Helicopters), as Pilots), Standard 2.1.10.1. On November
44729(c)(1) would cease to be effective appropriate, and in Annex 8 (Airworthiness of
on the date that ICAO removed the pilot Aircraft) to the Convention on International Civil
13, 2014, the revised Standard 2.1.10,
pairing limitation in Standard 2.1.10.1. Aviation. Additionally, in accordance with that no longer contains the pilot pairing
Section 44729(c)(2) states that § 129.1(b), operations of U.S.-registered aircraft requirement, became applicable.
solely outside of the United States in common Accordingly, on November 13, 2014, the
‘‘[p]aragraph [c](1), shall cease to be
asabaliauskas on DSK5VPTVN1PROD with RULES
carriage by a foreign person or a foreign air carrier
effective on such date as the Convention must also be in compliance with the ICAO
on International Civil Aviation provides Standards identified in § 129.5(b). Therefore, for States with any pilot who has reached age 65. This
these operations, the ICAO amendment to the pilot same limitation applies to operations covered by
that a pilot who has attained 60 years § 129.1(b).
pairing limitation applies without further change to
of age may serve as pilot-in-command in 14 CFR. The FAA further notes that beginning on 3 Amendment 172 to Annex 1, Personnel
the date the ICAO amendment became applicable Licensing, does not change the existing maximum
1 The statute uses the term ‘‘covered operations’’ (November 13, 2014), as an ICAO member state, no age permitted for pilots engaged in single-pilot
to describe part 121 operations. See 49 U.S.C. foreign air carrier conducting operations under part operations. Pilots serving in single-pilot operations
44729(b). 129 may conduct operations to or from the United must be under age 60.
VerDate Sep<11>2014 17:48 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1](https://thefederalregister.org/doc/80_FR_33510/page/2.svg)
![Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules and Regulations 33401
■ b. Remove paragraph (j)(2); and Issued under authority provided by 49 Region, 2601 Meacham Blvd., Fort
■ c. Redesignate paragraph (j)(3) as U.S.C. 106(f), 44701(a), and 44703 in Worth, TX 76137; telephone: 817–321–
paragraph (j)(2). Washington, DC, on June 3, 2015. 7740.
The revision reads as follows: Michael P. Huerta, SUPPLEMENTARY INFORMATION:
Administrator.
§ 61.3 Requirement for certificates, ratings [FR Doc. 2015–14248 Filed 6–11–15; 8:45 am]
Authority for This Rulemaking
and authorizations. The FAA’s authority to issue rules
BILLING CODE 4910–13–P
* * * * * regarding aviation safety is found in
(j) * * * Title 49 of the United States Code.
(1) Age limitation. No person who DEPARTMENT OF TRANSPORTATION Subtitle I, Section 106 describes the
holds a pilot certificate issued under authority of the FAA Administrator.
this part may serve as a pilot on a civil Federal Aviation Administration Subtitle VII, Aviation Programs,
airplane of U.S. registry in the following describes in more detail the scope of the
operations if the person has reached his 14 CFR Part 71 agency’s authority. This rulemaking is
or her 60th birthday or, in the case of [Docket No. FAA–2014–0744; Airspace promulgated under the authority
operations with more than one pilot, his Docket No. 14–ACE–5] described in Subtitle VII, Part A,
or her 65th birthday: Subpart I, Section 40103. Under that
* * * * * Establishment of Class E Airspace; section, the FAA is charged with
■ 3. Amend § 61.77 as follows: Tribune, KS prescribing regulations to assign the use
■ A. Revise paragraph (e) introductory of airspace necessary to ensure the
AGENCY: Federal Aviation safety of aircraft and the efficient use of
text; Administration (FAA), DOT.
■ B. Remove paragraph (g); and airspace. This regulation is within the
ACTION: Final rule. scope of that authority as it amends
■ C. Redesignate paragraphs (h) through
(j) as paragraphs (g) through (i), Class E airspace at Tribune Municipal
SUMMARY: This action establishes Class
respectively. Airport, Tribune, KS.
E airspace at Tribune, KS. Controlled
The revision reads as follows: airspace is necessary to accommodate History
§ 61.77 Special purpose pilot new Standard Instrument Approach On November 20, 2014, the FAA
authorization: Operation of a civil aircraft of Procedures (SIAPs) at Tribune published in the Federal Register a
the United States and leased by a non-U.S. Municipal Airport. The FAA is taking notice of proposed rulemaking (NPRM)
citizen. this action to enhance the safety and to establish Class E airspace extending
* * * * * management of Instrument Flight Rules upward from 700 feet above the surface
(e) Age limitation. No person who (IFR) operations for SIAPs at the airport. at Tribune Municipal Airport, Tribune,
holds a special purpose pilot DATES: Effective 0901 UTC, August 20, KS, (79 FR 69072). Interested parties
authorization issued under this part 2015. The Director of the Federal were invited to participate in this
may serve as a pilot on a civil airplane Register approves this incorporation by rulemaking effort by submitting written
of U.S. registry in the following reference action under title 1, Code of comments on the proposal to the FAA.
operations if the person has reached his Federal Regulations, part 51, subject to No comments were received.
or her 60th birthday or, in the case of the annual revision of FAA Order Class E airspace designations are
operations with more than one pilot, his 7400.9 and publication of conforming published in Paragraphs 6005, of FAA
or her 65th birthday: amendments. Order 7400.9Y, dated August 6, 2014,
* * * * * ADDRESSES: FAA Order 7400.9Y, and effective September 15, 2014, which
Airspace Designations and Reporting is incorporated by reference in 14 CFR
PART 121—OPERATING Points, and subsequent amendments can 71.1. The Class E airspace designations
REQUIREMENTS: DOMESTIC, FLAG, be viewed on line at http:// listed in this document will be
AND SUPPLEMENTAL OPERATIONS www.faa.gov/airtraffic/publications/. published subsequently in the Order.
■ 4. The authority citation for part 121 The Order is also available for Availability and Summary of
is revised to read as follows: inspection at the National Archives and Documents for Incorporation by
Records Administration (NARA). For Reference
Authority: 49 U.S.C. 106(f), 106(g), 40113, information on the availability of this
40119, 41706, 44101, 44701–44702, 44705, This document amends FAA Order
material at NARA, call 202–741–6030, 7400.9Y, airspace Designations and
44709–44711, 44713, 44716–44717, 44722,
44729, 44732, 46105; Pub. L. 111–216, 124
or go to http://www.archives.gov/ Reporting Points, dated August 6, 2014,
Stat. 2348 (49 U.S.C. 44701 note); Pub. L. federal_register/code_of_federal- and effective September 15, 2014. FAA
112–95, 126 Stat. 62 (49 U.S.C. 44732 note). regulations/ibr_locations.html. Order 7400.9Y is publicly available as
FAA Order 7400.9, Airspace listed in the ADDRESSES section of this
■ 5. Amend § 121.383 by revising
Designations and Reporting Points, is final rule. FAA Order 7400.9Y lists
paragraphs (d) and (e) to read as follows:
published yearly and effective on Class A, B, C, D, and E airspace areas,
§ 121.383 Airman: Limitations on use of September 15. For further information, air traffic service routes, and reporting
services. you can contact the Airspace Policy and points.
* * * * * ATC Regulations Group, Federal
asabaliauskas on DSK5VPTVN1PROD with RULES
(d) No certificate holder may use the Aviation Administration, 800 The Rule
services of any person as a pilot on an Independence Avenue SW., This action amends Title 14, Code of
airplane engaged in operations under Washington, DC 29591; telephone: 202– Federal Regulations (14 CFR), Part 71 by
this part if that person has reached his 267–8783. establishing Class E airspace extending
or her 65th birthday. FOR FURTHER INFORMATION CONTACT: upward from 700 feet above the surface
(e) No pilot may serve as a pilot in Rebecca Shelby, Central Service Center, within a 6.5-mile radius of Tribune
operations under this part if that person Operations Support Group, Federal Municipal Airport, Tribune, KS, to
has reached his or her 65th birthday. Aviation Administration, Southwest accommodate new Standard Instrument
VerDate Sep<11>2014 17:48 Jun 11, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1](https://thefederalregister.org/doc/80_FR_33510/page/5.svg)
Document Created: 2018-02-22 10:16:06
Document Modified: 2018-02-22 10:16:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This action becomes effective June 12, 2015. | |
| Contact | For technical questions concerning this document, contact Nancy Lauck Claussen, Air Transportation Division (AFS-200), Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-8166; email [email protected] | |
| FR Citation | 80 FR 33397 | |
| RIN Number | 2120-AK68 | |
| CFR Citation | 14
CFR
121 14 CFR 61 | |
| CFR Associated | Air Carriers; Aircraft; Airmen and Aviation Safety |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR