[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Pages 68136-68138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33754]



[[Page 68135]]

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Part X





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 91, 121, and 142



Pilot, Flight Instructor, Ground Instructor, and Pilot School 
Certification Rules; Final Rule

Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / 
Rules and Regulations

[[Page 68136]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, and 142

[Docket No. 25910; Amendment Nos. 91-255, 121-267, and 142-2]
RIN 2120-AE71


Pilot, Flight Instructor, Ground Instructor, and Pilot School 
Certification Rules

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; disposition of comments and conforming amendments.

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SUMMARY: This document disposes of comments on an age limitation 
provision in a final rule published on April 4, 1997. That final rule 
amended the certification, training, and experience requirements for 
pilots, flight instructors, and ground instructors, and the 
certification requirements for pilot schools approved by the FAA. This 
document also revises certain references in the Federal Aviation 
Regulations to conform to the references in that final rule. These 
revisions will not impose any additional restrictions on persons 
affected by the regulations.

EFFECTIVE DATE: This rule is effective January 29, 1998.

FOR FURTHER INFORMATION CONTACT: John Lynch, Certification Branch, AFS-
840, General Aviation and Commercial Division, Flight Standards 
Service, FAA, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-3844.

SUPPLEMENTARY INFORMATION:

Availability of Final Rule

    Any person may obtain a copy of this final rule by submitting a 
request to the FAA, Office of Rulemaking, Attn.: ARM-1, 800 
Independence Avenue SW, Washington, DC 20591, or by calling (202) 267-
9680. Communications must identify the amendment number or docket 
number of this final rule.
    Using a modem and suitable communications software, an electronic 
copy of this document may be downloaded from the FAA regulations 
section of the FedWorld electronic bulletin board service (telephone: 
703-321-3339) or the Federal Register's electronic bulletin board 
service (telephone: 202-512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at <a href="http://www.access.gpo.gov/
su__docs">http://www.access.gpo.gov/
su__docs</a> for access to recently published rulemaking documents.

Background

    On April 4, 1997, the FAA published a final rule titled ``Pilot, 
Flight Instructor, Ground Instructor, and Pilot School Certification 
Rules'' (62 FR 16220). That final rule, which became effective on 
August 4, 1997, amended the certification, training, and experience 
requirements for pilots, flight instructors, and ground instructors, 
and the certification requirements for pilot schools approved by the 
FAA. The FAA published corrections to that final rule on July 30, 1997 
(62 FR 40888).
    This document addresses comments on an age limitation provision in 
the final rule and revises certain references to Title 14, Code of 
Federal Regulations (14 CFR) part 61 contained in 14 CFR parts 91, 121, 
and 142 to conform to the provisions of the final rule. These revisions 
will not impose any additional restrictions on persons affected by the 
regulations.

Discussion of Comments

    In Notice of Proposed Rulemaking No. 95-11, ``Pilots, Flight 
Instructors, Ground Instructors, and Pilot Instructors, and Pilot 
Certification Rules'' (60 FR 41160, August 11, 1995), the FAA included 
a proposal to amend part 61 by extending the ``Age 60 Rule'' 
(Sec. 121.383(c)) to holders of U.S. pilot certificates and special 
purpose pilot authorizations employed by foreign air carriers that 
operate U.S.-registered civil aircraft in certain scheduled 
international air services and nonscheduled international air transport 
operations. The proposal aligned the age limitations in Secs. 61.3 and 
61.77 with the ``Age 60 Rule'' applicable to pilots servicing U.S. air 
carriers operating under part 121. The proposal, however, was limited 
to the operation of aircraft operated under part 121 at that time. 
Thus, it only addressed U.S.-registered civil aircraft having (1) a 
passenger seating configuration of more than 30 seats, excluding any 
required crewmember seat, or (2) a payload capacity of more than 7,500 
pounds. Before adoption of the final rule, the applicability of part 
121 was amended to include certain ``commuter'' airplanes. To further 
align the age limitations in part 61 with the provisions of part 121, 
the FAA amended Secs. 61.3 and 61.77 in the final rule to include those 
commuter aircraft. The final rule also extended the date for pilots to 
comply with the age limitations in Secs. 61.3 and 61.77. Because Notice 
No. 95-11 did not include these provisions, the FAA invited public 
comment on the amendment.
    Comments: The FAA received eight comments on the ``Age 60 Rule.'' 
The Air Line Pilots Association (ALPA) supports the provisions in 
Secs. 61.3 and 61.77 as a means of providing the same level of safety 
to passengers on all U.S.-registered aircraft. The remaining seven 
commenters oppose the provisions. These commenters, for the most part, 
challenge the age limitation for part 121 pilots and all pilots 
affected by Secs. 61.3 and 61.77, rather than address the more specific 
issue of whether certain commuter aircraft should be included in the 
age limitation provisions of Secs. 61.3 and 61.77.
    Many of the individual commenters base their opposition to the 
``Age 60 Rule'' on multiple grounds. Three commenters who oppose the 
``Age 60 Rule'' believe that the medical certification process for 
pilots adequately identifies disqualifying physical and mental 
conditions. One of those commenters states that commuter aircraft 
pilots should be able to fly as long as they pass the required physical 
examination because the economic burden on these pilots is greater than 
the burden on air carrier pilots. Another of those commenters contends 
that the rule results in age discrimination. Four commenters who oppose 
the inclusion of the ``Age 60 Rule'' in Sec. 61.77 cite the experience 
level of pilots over the age of 60 in support of their position.
    One commenter states that a ``medical panel'' found that there was 
no justification for the ``Age 60 Rule.'' That commenter also states 
that a pilot shortage has caused other countries to relax their ``Age 
60 Rule.'' Another commenter contends that there is no relevant data to 
support the age limit. That commenter also states that without evidence 
of a need for the ``Age 60 Rule'' the economic hardship imposed by the 
rule on the aviation industry and individual citizens cannot be 
justified.
    FAA Response: As previously noted, these comments, for the most 
part, concern the general merits of the ``Age 60 Rule'' rather than the 
expansion of the applicability of the age limitation in Secs. 61.3 and 
61.77 to include certain commuter aircraft. Furthermore, the FAA has 
previously addressed the issues raised by the commenters. In the final 
rule published on April 4, 1997, the FAA addressed comments on whether 
the ``Age 60 Rule'' should be included in Secs. 61.3 and 61.77. The FAA 
also addressed the application of the ``Age 60 Rule'' to pilots of 
certain commuter aircraft in Amendment Nos. 121-251 and 135-58 (60 FR 
65832, December 20, 1995), which requires

[[Page 68137]]

certain commuter operations previously conducted under part 121. In 
addition, the FAA issued a disposition of comments and notice of agency 
decision on December 11, 1995 (60 FR 65977) that addressed various 
issues regarding the need for an age limitation including issues raised 
in many of the comments discussed above. Because these issues 
previously have been addressed, the FAA will not reconsider them at 
this time. In addition, because the comments do not address the 
specific issue raised by the most recent amendment to Secs. 61.3 and 
61.77 or provide any new arguments concerning the age limitation, the 
FAA has not further revised those sections.

Conforming Amendments

    In the final rule that amended part 61, certain sections were 
redesignated. As a consequence, references to those sections in 
Sec. 91.307, appendix H to part 121, Sec. 142.3, Sec. 142.47, and 
Sec. 142.49 have been revised to reflect the new designations.

Good Cause Justification for Immediate Adoption

    This amendment is needed to conform certain references in parts 91, 
121, and 142 to the appropriate sections in part 61. Because the 
amendment would impose no additional burden on the public, the FAA 
finds that notice and opportunity for public comment before adopting 
this amendment are unnecessary.

Conclusion

    The FAA has determined that this regulation imposes no additional 
burden on any person. Accordingly, it has been determined that the 
action (1) is not significant under Executive Order 12866 and (2) is 
not a significant rule under Department of Transportation Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). Also, because 
this amendment will not impose any additional burdens on the parties 
subject to the regulations, a full regulatory evaluation is not 
required. In addition, the FAA certifies that the rule will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act.

List of Subjects

14 CFR Part 91

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Reporting and 
recordkeeping requirements, Safety, Transportation.

14 CFR Part 142

    Aircraft, Airman, Reporting and recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends parts 91, 121, and 142 of title 14, Code of 
Federal Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

    1. The authority citations for part 91 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103, 4013, 40120, 44101, 44111, 
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.


Sec. 91.307  [Amended]

    2. In Sec. 91.307(d)(2)(ii) remove ``Sec. 61.169'' and add 
``Sec. 61.67'' in its place.

PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    3. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    4. Appendix H to part 121 is amended by revising paragraphs 1 and 4 
of the section titled Level C, Training and Checking Permitted, and 
revising the section titled Level D, Training and Checking Permitted, 
to read as follows:

Appendix H to Part 121--Advanced Simulation

* * * * *

Level C

Training and Checking Permitted

    1. For all pilots, transition training between airplanes in the 
same group, and for a pilot in command the certification check 
required by Sec. 61.153(g) of this chapter.
* * * * *
    4. For all second-in command pilot applicants who meet the 
aeronautical experience requirements of Sec. 61.159 of this chapter 
in the airplane, the initial and upgrade training and checking 
required by this part, and the certification check requirements of 
Sec. 61.153 of this chapter.
* * * * *

Level D

Training and Checking Permitted

    Except for the requirements listed in the next sentence, all 
pilot flight training and checking required by this part and the 
certification check requirements of Sec. 61.153(g) of this chapter. 
The line check required by Sec. 121.440 of this part, the static 
airplane requirements of appendix E to this part, and the operating 
experience requirements of Sec. 121.434 of this part must still be 
performed in the airplane.
* * * * *

PART 142--TRAINING CENTERS

    5. The authority citation for part 142 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 
44705, 44707, 44709-44711, 45102-45103, 45301-45302.

    6. Section 142.3 is amended by revising the definition of ``flight 
training equipment'' to read as follows:


Sec. 142.3  Definitions.

* * * * *
    Flight training equipment means flight simulators, as defined in 
Sec. 61.1(b) (5) of this chapter, flight training devices, as defined 
in Sec. 61.1 (b)(7) of this chapter, and aircraft.
* * * * *
    7. Section 142.47 is amended by revising paragraphs (a)(3) and 
(a)(5) (i) and (ii) to read as follows:


Sec. 142.47  Training center instructor eligibility requirements.

    (a) * * *
    (3) If instructing in an aircraft in flight, is qualified in 
accordance with subpart H of part 61 of this chapter;
* * * * *
    (5) * * *
    (i) Except as allowed by paragraph (a)(5)(ii) of this section, 
meets the aeronautical experience requirements of Sec. 61.129 (a), (b), 
(c), or (e) of this chapter, as applicable, excluding the required 
hours of instruction in preparation for the commercial pilot practical 
test;
    (ii) If instructing in flight simulator or flight training device 
that represents an airplane requiring a type rating or if instructing 
in a curriculum leading to the issuance of an airline transport pilot 
certificate or an added rating to an airline transport pilot 
certificate, meets the aeronautical experience requirements of 
Sec. 61.159, Sec. 61.161, or Sec. 61.163 of this chapter, as 
applicable; or
* * * * *


Sec. 142.49  [Amended]

    8. In Sec. 142.49(c)(3)(ii) remove ``subpart G'' and add ``subpart 
H'' in its place.


[[Page 68138]]


    Issued in Washington, D.C., on December 19, 1997.
Jane F. Garvey,
Administrator.
[FR Doc. 97-33754 Filed 12-29-97; 8:45 am]
BILLING CODE 4910-13-M