68136 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

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.

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 http://

www.access.gpo.gov/suldocs 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’’

(§ 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 §§ 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 §§ 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 §§ 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 §§ 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 §§ 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 §§ 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 § 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

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

§§ 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 § 91.307, appendix H to part

121, § 142.3, § 142.47, and § 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.

§ 91.307 [Amended]

2. In § 91.307(d)(2)(ii) remove

‘‘§ 61.169’’ and add ‘‘§ 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 § 61.153(g) of this chapter.

* * * * *

4. For all second-in command pilot

applicants who meet the aeronautical

experience requirements of § 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 § 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

§ 61.153(g) of this chapter. The line check

required by § 121.440 of this part, the static

airplane requirements of appendix E to this

part, and the operating experience

requirements of § 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:

§ 142.3 Definitions.

* * * * *

Flight training equipment means

flight simulators, as defined in § 61.1(b)

(5) of this chapter, flight training

devices, as defined in § 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:

§ 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

§ 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 § 61.159, § 61.161, or

§ 61.163 of this chapter, as applicable;

or

* * * * *

§ 142.49 [Amended]

8. In § 142.49(c)(3)(ii) remove

‘‘subpart G’’ and add ‘‘subpart H’’ in its

place.
68138 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

Issued in Washington, D.C., on December

19, 1997.

Jane F. Garvey,

Administrator.

[FR Doc. 97–33754 Filed 12–29–97; 8:45 am]

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