Pilot Age Limit Crew Pairing Requirement, 67346-67347 [2014-26783]
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67346
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4059; fax: (816) 329–
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rmajette on DSK2TPTVN1PROD with RULES
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Refer to MCAI European Aviation Safety
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July 17, 2014, for related information. The
MCAI can be found in the AD docket on the
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Note to paragraph (j)(2) of this AD: Data
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VerDate Sep<11>2014
15:19 Nov 12, 2014
Jkt 235001
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Issued in Kansas City, Missouri, on
October 20, 2014.
Derek Morgan,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2014–26704 Filed 11–12–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 121
Pilot Age Limit Crew Pairing
Requirement
Federal Aviation
Administration, DOT.
ACTION: Notice of policy.
AGENCY:
This document notifies the
public of the Federal Aviation
Administration’s policy regarding
enforcement of the pilot pairing
requirement in the ‘‘Part 121 Pilot Age
Limit’’ final rule. Currently, while the
International Civil Aviation
Organization (ICAO) standards allow a
person between the age of 60 and 65 to
serve as pilot in command (PIC) of an
airplane with two or more pilots, in
international commercial air transport
operations, the PIC must be paired with
a pilot younger than 60 years of age.
Parts 61 and 121 of title 14, of the Code
of Federal Regulations contain similar
limitations. However, a recent
amendment to the ICAO standards
would remove this pilot pairing
requirement. Instead, all pilots serving
on airplanes in international
commercial air transport operations
with more than one pilot may serve
SUMMARY:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
beyond 60 years of age (until age 65)
without being paired with a pilot under
60 years of age. This ICAO amendment
triggers the sunset of the statutory
authority that provides the basis for the
crew pairing limitations in title 14.
DATES: Effective November 13, 2014. If
implementation by the International
Civil Aviation Organization of
Amendment 172 to Annex 1 is delayed,
the FAA will publish notification of the
date changes.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
document, contact Nancy Lauck
Claussen, email: Nancy.L.Claussen@
faa.gov; Air Transportation Division
(AFS–200), Flight Standards Service,
Federal Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–8166. For legal questions
concerning this document, contact Sara
Mikolop, email: Sara.Mikolop@faa.gov;
Office of Chief Counsel (AGC–200),
Federal Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–3073.
SUPPLEMENTARY INFORMATION:
Fair Treatment of Experienced Pilots
Act
On December 13, 2007, the Fair
Treatment of 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 pilots in
command on international flights.
Section 44729(c) specified a pilot
pairing limitation for PICs serving on
international flights. Specifically,
section 44729(c)(1) provides, ‘‘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) is consistent with
the pilot pairing standard in ICAO
Annex 1 (Personnel Licensing), Chapter
2 (Licenses and Ratings for Pilots),
Standard 2.1.10.
The crew pairing requirement in
section 44729(c)(1) will sunset in
accordance with section 44729(c)(2), on
the date that ICAO removes the pilot
pairing limitation in Standard 2.1.10.
Section 44729(c)(2) states, ‘‘Paragraph
1 The statute uses the term ‘‘covered operations’’
to describe part 121 operations. See 49 U.S.C.
44729(b).
E:\FR\FM\13NOR1.SGM
13NOR1
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
[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.’’
During a meeting of the ICAO Council
on March 3, 2014, Council members
adopted Amendment 172 to Annex 1,
Personnel Licensing. The amendment
removes the requirement in Standard
2.1.10 to pair a pilot in command over
age 60 with a pilot under age 60.
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.2 The Council anticipates
implementation of Amendment 172 to
Annex 1, Personnel Licensing, to be
November 13, 2014.3 Accordingly, on
November 13, 2014, the pilot pairing
limitation in 49 U.S.C. 44729(c)(1)
ceases to be effective.
‘‘Part 121 Pilot Age Limit’’ Final Rule
On July 15, 2009, the Federal Aviation
Administration (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.4
In the final rule preamble, the agency
stated that it believed that the Fair
rmajette on DSK2TPTVN1PROD with RULES
2 Amendment
172 to Annex 1, Personnel
Licensing, does not affect the maximum age
permitted for pilots of engaged in single-pilot
operations. Pilots serving in single-pilot operations
must be below 60 years of age.
3 On March 25, 2014, ICAO notified the FAA that
the date of implementation is anticipated to be
November 13, 2014, to the extent the majority of
ICAO contracting States have not registered their
disapproval before July 14, 2014. On October 1,
2014, the FAA confirmed that ICAO has not
amended the implementation date of November 13,
2014.
4 The 2009 final rule implemented the crew
pairing requirements by amending part 121 as well
as the regulations applicable to pilots with
certificates issued under part 61, including a special
purpose pilot authorization issued in accordance
with § 61.77. As discussed in footnote 5, foreign air
carrier operations and certain other operations
conducted with U.S. registered aircraft solely
outside of the U.S. must comply with ICAO
standards in Annex 1 to the Convention on
International Civil Aviation without further agency
action.
VerDate Sep<11>2014
16:54 Nov 12, 2014
Jkt 235001
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
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.5 As a result, for multi-pilot
operations, the 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 (14 CFR
121.383(d) and (e), 61.3(j) and 61.77(g)).
Effect of ICAO Amendment and Sunset
of 49 U.S.C. 44729(c)(1) on Enforcement
of FAA Regulations
As discussed previously, 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
amends its standard to remove the pilot
pairing limitation. Once the pilot
pairing limitation of 49 U.S.C.
44729(c)(1) ceases to be effective, the
statutory basis for pilot pairing in
§§ 121.383(d)(2), 121.383(e)(2), 61.3(j)(2)
and 61.77(g) of title 14 of the Code of
Federal Regulations will no longer exist
5 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 14 CFR
129.1(b), operations of U.S. registered aircraft solely
outside of the U.S. in common carriage by a foreign
person or a foreign air carrier must also be in
compliance with the ICAO Standards identified in
14 CFR 129.5(b). Accordingly, for these operations,
the ICAO amendment to the crew pairing limitation
applies without further change to title 14 of the
Code of Federal Regulations. The FAA further notes
that beginning on the date of the ICAO amendment
implementation, 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 65 years of
age. This same limitation applies to operations
covered by 14 CFR 129.1(b).
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
67347
and those regulations will be contrary to
49 U.S.C. 44729. For this reason,
beginning on the date the ICAO
amendment is implemented, the FAA
will no longer enforce the crew pairing
requirements contained in14 CFR
121.383(d)(2), 121.383(e)(2), 61.3(j)(2)
and 61.77(g).
The FAA has initiated a rulemaking to
conform applicable relevant regulations
to the statute and anticipates
publication of a final rule in 2015.6
Issued in Washington, DC, on November 5,
2014.
Reginald C. Govan,
Chief Counsel.
[FR Doc. 2014–26783 Filed 11–12–14; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Part 1260
RIN 2700–AD79
Profit and Fee Under Federal Financial
Assistance Awards
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
NASA is revising the NASA
Grant & Cooperative Agreement
Handbook to clarify that NASA does not
pay profit or fee on Federal Financial
Assistance awards, i.e. grants and
cooperative agreements, to non-profit
organizations. This rule makes changes
to NASA regulations to reflect that
revision.
SUMMARY:
DATES:
Effective December 15, 2014.
FOR FURTHER INFORMATION CONTACT:
William Roets, NASA Office of
Procurement, Contract Management
Division, Suite 5K34, 202–358–4483,
william.roets-1@nasa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
NASA published a proposed rule for
Profit and Fee under Financial
Assistance Awards in the Federal
Register on January 11, 2012 (77 FR
1657). The public comment period
closed on March 11, 2012. By the end
of the established comment period,
NASA received comments from one
entity. However, those comments were
subsequently determined to have been
submitted to the incorrect docket and
were not applicable to the proposed
rule. After the specified end date for the
6 The FAA expects to make conforming changes
to 14 CFR 61.3(j), 61.77(g) and 121.383(d)(2) and
(e)(2).
E:\FR\FM\13NOR1.SGM
13NOR1
Agencies
[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Rules and Regulations]
[Pages 67346-67347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26783]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61 and 121
Pilot Age Limit Crew Pairing Requirement
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of policy.
-----------------------------------------------------------------------
SUMMARY: This document notifies the public of the Federal Aviation
Administration's policy regarding enforcement of the pilot pairing
requirement in the ``Part 121 Pilot Age Limit'' final rule. Currently,
while the International Civil Aviation Organization (ICAO) standards
allow a person between the age of 60 and 65 to serve as pilot in
command (PIC) of an airplane with two or more pilots, in international
commercial air transport operations, the PIC must be paired with a
pilot younger than 60 years of age. Parts 61 and 121 of title 14, of
the Code of Federal Regulations contain similar limitations. However, a
recent amendment to the ICAO standards would remove this pilot pairing
requirement. Instead, all pilots serving on airplanes in international
commercial air transport operations with more than one pilot may serve
beyond 60 years of age (until age 65) without being paired with a pilot
under 60 years of age. This ICAO amendment triggers the sunset of the
statutory authority that provides the basis for the crew pairing
limitations in title 14.
DATES: Effective November 13, 2014. If implementation by the
International Civil Aviation Organization of Amendment 172 to Annex 1
is delayed, the FAA will publish notification of the date changes.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this document, contact Nancy Lauck Claussen, email:
Nancy.L.Claussen@faa.gov; Air Transportation Division (AFS-200), Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-8166. For legal
questions concerning this document, contact Sara Mikolop, email:
Sara.Mikolop@faa.gov; Office of Chief Counsel (AGC-200), Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-3073.
SUPPLEMENTARY INFORMATION:
Fair Treatment of Experienced Pilots Act
On December 13, 2007, the Fair Treatment of 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 pilots in command 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) specified a pilot pairing limitation for PICs
serving on international flights. Specifically, section 44729(c)(1)
provides, ``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) is consistent with the pilot pairing
standard in ICAO Annex 1 (Personnel Licensing), Chapter 2 (Licenses and
Ratings for Pilots), Standard 2.1.10.
The crew pairing requirement in section 44729(c)(1) will sunset in
accordance with section 44729(c)(2), on the date that ICAO removes the
pilot pairing limitation in Standard 2.1.10. Section 44729(c)(2)
states, ``Paragraph
[[Page 67347]]
[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.''
During a meeting of the ICAO Council on March 3, 2014, Council
members adopted Amendment 172 to Annex 1, Personnel Licensing. The
amendment removes the requirement in Standard 2.1.10 to pair a pilot in
command over age 60 with a pilot under age 60. 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.\2\ The Council anticipates
implementation of Amendment 172 to Annex 1, Personnel Licensing, to be
November 13, 2014.\3\ Accordingly, on November 13, 2014, the pilot
pairing limitation in 49 U.S.C. 44729(c)(1) ceases to be effective.
---------------------------------------------------------------------------
\2\ Amendment 172 to Annex 1, Personnel Licensing, does not
affect the maximum age permitted for pilots of engaged in single-
pilot operations. Pilots serving in single-pilot operations must be
below 60 years of age.
\3\ On March 25, 2014, ICAO notified the FAA that the date of
implementation is anticipated to be November 13, 2014, to the extent
the majority of ICAO contracting States have not registered their
disapproval before July 14, 2014. On October 1, 2014, the FAA
confirmed that ICAO has not amended the implementation date of
November 13, 2014.
---------------------------------------------------------------------------
``Part 121 Pilot Age Limit'' Final Rule
On July 15, 2009, the Federal Aviation Administration (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.\4\
---------------------------------------------------------------------------
\4\ The 2009 final rule implemented the crew pairing
requirements by amending part 121 as well as the regulations
applicable to pilots with certificates issued under part 61,
including a special purpose pilot authorization issued in accordance
with Sec. 61.77. As discussed in footnote 5, foreign air carrier
operations and certain other operations conducted with U.S.
registered aircraft solely outside of the U.S. must comply with ICAO
standards in Annex 1 to the Convention on International Civil
Aviation without further agency action.
---------------------------------------------------------------------------
In the 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 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.\5\ As a result, for multi-pilot operations, the
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 (14 CFR 121.383(d) and (e), 61.3(j) and
61.77(g)).
---------------------------------------------------------------------------
\5\ 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 14 CFR 129.1(b), operations of U.S. registered
aircraft solely outside of the U.S. in common carriage by a foreign
person or a foreign air carrier must also be in compliance with the
ICAO Standards identified in 14 CFR 129.5(b). Accordingly, for these
operations, the ICAO amendment to the crew pairing limitation
applies without further change to title 14 of the Code of Federal
Regulations. The FAA further notes that beginning on the date of the
ICAO amendment implementation, 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 65 years of age. This same limitation applies to operations
covered by 14 CFR 129.1(b).
---------------------------------------------------------------------------
Effect of ICAO Amendment and Sunset of 49 U.S.C. 44729(c)(1) on
Enforcement of FAA Regulations
As discussed previously, 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 amends its standard to remove the pilot pairing
limitation. Once the pilot pairing limitation of 49 U.S.C. 44729(c)(1)
ceases to be effective, the statutory basis for pilot pairing in
Sec. Sec. 121.383(d)(2), 121.383(e)(2), 61.3(j)(2) and 61.77(g) of
title 14 of the Code of Federal Regulations will no longer exist and
those regulations will be contrary to 49 U.S.C. 44729. For this reason,
beginning on the date the ICAO amendment is implemented, the FAA will
no longer enforce the crew pairing requirements contained in14 CFR
121.383(d)(2), 121.383(e)(2), 61.3(j)(2) and 61.77(g).
The FAA has initiated a rulemaking to conform applicable relevant
regulations to the statute and anticipates publication of a final rule
in 2015.\6\
---------------------------------------------------------------------------
\6\ The FAA expects to make conforming changes to 14 CFR
61.3(j), 61.77(g) and 121.383(d)(2) and (e)(2).
Issued in Washington, DC, on November 5, 2014.
Reginald C. Govan,
Chief Counsel.
[FR Doc. 2014-26783 Filed 11-12-14; 8:45 am]
BILLING CODE 4910-13-P