67346 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 

1The statute uses the term ‘‘covered operations’’ 

to describe part 121 operations. See 49 U.S.C. 

44729(b). 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4059; fax: (816) 329– 

4090; email: doug.rudolph@faa.gov. 

(i) Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(ii) AMOCs approved for AD 2012–26–16, 

Amendment 39–17311 (77 FR 11572, 

February 19, 2013) are not approved as 

AMOCs for this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(h) Special Flight Permit 

Special flight permits are prohibited. 

(i) Related Information 

Refer to MCAI European Aviation Safety 

Agency (EASA) AD No. 2014–0170, dated 

July 17, 2014, for related information. The 

MCAI can be found in the AD docket on the 

Internet at: http://www.regulations.gov/ 

#!documentDetail;D=FAA-2014-0594-0003. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Data module code 12–A–04–00–00– 

00A–000A–A, ‘‘STRUCTURAL, 

COMPONENT AND MISCELLANEOUS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

March 13, 2014, of the Pilatus Model type— 

PC–12, PC–12/45, PC–12/47, Aircraft 

Maintenance Manual (AMM), Document No. 

02049, 12–A–AM–00–00–00–I, revision 28, 

dated May 31, 2014. 

(ii) Data module code 12–B–04–00–00– 

00A–000A–A, ‘‘STRUCTURAL AND 

COMPONENT LIMITATIONS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

March 13, 2014, of the Pilatus Model type— 

PC–12/47E MSN–1001–UP, Aircraft 

Maintenance Manual (AMM), Document No. 

02300, 12- B–AM–00–00–00–I, revision 11, 

dated May 31, 2014. 

Note to paragraph (j)(2) of this AD: Data 

module code 12–A–04–00–00–00A–000A–A, 

‘‘STRUCTURAL, COMPONENT AND 

MISCELLANEOUS—AIRWORTHINESS 

LIMITATIONS,’’ dated March 13, 2014, of 

the Pilatus Model type—PC–12, PC–12/45, 

PC–12/47, Aircraft Maintenance Manual 

(AMM), Document No. 02049, 12–A–AM– 

00–00–00–I, revision 28, dated May 31, 2014; 

and Data module code 12–B–04–00–00–00A– 

000A–A, ‘‘STRUCTURAL AND 

COMPONENT LIMITATIONS— 

AIRWORTHINESS LIMITATIONS,’’ dated 

March 13, 2014, of the Pilatus Model type— 

PC–12/47E MSN–1001–UP, Aircraft 

Maintenance Manual (AMM), Document No. 

02300, 12- B–AM–00–00–00–I, revision 11, 

dated May 31, 2014, were issued as complete 

updates to the AMM Airworthiness 

Limitations sections. 

(3) For Pilatus Aircraft LTD. service 

information identified in this AD, contact 

PILATUS AIRCRAFT LTD., Customer Service 

Manager, CH–6371 STANS, Switzerland; 

telephone: +41 (0) 41 619 33 33; fax: +41 (0) 

41 619 73 11; Internet: http://www.pilatusaircraft.com or email: SupportPC12@pilatusaircraft.com. 

(4) You may view this service information 

at FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

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 

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. 

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 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67347 

2Amendment 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. 3On 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. 

4The 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. 

5The 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). 

6The FAA expects to make conforming changes 

to 14 CFR 61.3(j), 61.77(g) and 121.383(d)(2) and 

(e)(2). 

[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 

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 

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 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: 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. 

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 


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