[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34229-34235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16777]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 121

[Docket No. FAA-2006-26139; Amendment Nos. 61-123 and 121-344]
RIN 2120-AJ01


Part 121 Pilot Age Limit

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Code of Federal Regulations to conform 
certain regulations with recent legislation raising the upper age limit 
for pilots serving in domestic, flag, and supplemental operations until 
they reach their 65th birthday. The legislation, known as the ``Fair 
Treatment for Experienced Pilots Act,'' raised the upper age limit from 
age 60 to age 65. The legislation became effective December 13, 2007. 
The intended effect of this action is to update the Code of Federal 
Regulations to reflect the recent legislation.

DATES: These amendments become effective July 15, 2009. Except as 
otherwise required by statute, affected parties do not have to comply 
with the information collection requirements in Sec. Sec.  61.23 and 
121.440 until the FAA publishes in the Federal Register the control 
number assigned by the Office of Management and Budget (OMB) for these 
information collection requirements. Publication of the control number 
notifies the public that OMB has approved these information collection 
requirements under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this rule contact Lawrence Youngblut, Air Transportation Division, AFS-
200, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-9630, e-mail 
<a href="/cdn-cgi/l/email-protection#2b474a5c594e45484e0552445e454c49475e5f6b4d4a4a054c445d"><span class="__cf_email__" data-cfemail="d9b5b8aeabbcb7babcf7a0b6acb7bebbb5acad99bfb8b8f7beb6af">[email protected]</span></a>. For legal questions concerning this rule 
contact Angela Washington, Office of the Chief Counsel, AGC-210, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-7556; e-mail 
<a href="/cdn-cgi/l/email-protection#6b0a050c0e070a451c0a180302050c1f04052b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="10717e77757c713e67716378797e77647f7e507671713e777f66">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    1. Searching the Federal eRulemaking Portal at http://www.regulations.gov;
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.

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. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBREFA on the Internet at our site, http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding 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. This rulemaking fulfills the mandate of H.R. 4343, the 
``Fair Treatment for Experienced Pilots Act,'' Pub. L. 110-135, 
hereinafter referred to as the Act.

Background

    On December 13, 2007, the President signed into law the Act, which 
raised the upper age limit for pilots serving in 14 CFR part 121 air 
carrier operations to age 65. The legislation took effect December 13, 
2007. As of that date, Sec.  121.383(c) of the Code of Federal 
Regulations (14 CFR 121.383(c)) ceased to be effective. Section 
121.383(c) prohibited any air carrier or commercial operator conducting 
flights under part 121 from using the services of any person as a 
pilot, and prohibited any person from serving as a pilot, on an 
airplane engaged in operations under part 121 if that person had 
reached his or her 60th birthday.
    The Act has now been codified at 49 U.S.C. Section 44729. Section 
44729 of Title 49 allows a pilot to ``serve in multicrew covered 
operations until attaining 65 years of age,'' subject to certain 
limitations. For the purposes of the Act, ``Covered Operations'' means 
``operations under part 121 of Title 14, Code of Federal Regulations.'' 
The Act specifies a limitation for international flights. Pursuant to 
Sec.  44729(c)(1), ``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.'' Section 44729(c)(2) states 
that paragraph (c)(1) ceases 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.''
    Section 44729(e)(1) states ``No person who has attained 60 years of 
age before the date of enactment of this section may serve as a pilot 
for an air carrier engaged in covered operations unless--
    (A) such person is in the employment of that air carrier in such 
operations on such date of enactment as a required flight deck crew 
member; or
    (B) such person is newly hired by an air carrier as a pilot on or 
after such date of enactment without credit for prior seniority or 
prior longevity for benefits or other terms related to length of 
service prior to the date rehired under any labor agreement or 
employment policies of the air carrier.''
    Section 44729(g)(1) requires that, except as provided by paragraph 
(g)(2) ``a person serving as a pilot for an air carrier engaged in 
covered operations shall not be subject to different medical standards, 
or different, greater, or more frequent medical examinations, on 
account of age unless the Secretary determines (based on data received 
or studies published after the date of enactment of this section) that 
different medical standards, or different, greater, or more frequent 
medical examinations, are needed to ensure an adequate level of safety 
in flight.''

[[Page 34230]]

    Section 44729(g)(2) states that ``No person who has attained 60 
years of age may serve as a pilot of an air carrier engaged in covered 
operations unless the person has a first-class medical certificate. 
Such a certificate shall expire on the last day of the 6-month period 
following the date of examination shown on the certificate.''
    Section 44729(h)(1) requires that ``Each air carrier engaged in 
covered operations shall continue to use pilot training and 
qualification programs approved by the Federal Aviation Administration, 
with specific emphasis on initial and recurrent training and 
qualification of pilots who have attained 60 years of age, to ensure 
continued acceptable levels of pilot skill and judgment.''
    Section 44729(h)(2) requires that ``Not later than 6 months after 
the date of enactment of this section, and every 6 months thereafter, 
an air carrier engaged in covered operations shall evaluate the 
performance of each pilot of the air carrier who has attained 60 years 
of age through a line check of such pilot. Notwithstanding the 
preceding sentence, an air carrier shall not be required to conduct for 
a 6-month period a line check under this paragraph of a pilot serving 
as second-in-command if the pilot has undergone a regularly scheduled 
simulator evaluation during that period.''
    This final rule implements congressional legislation by conforming 
FAA regulations to statutory requirements. It was Congress' objective 
to impact rules governing the age limitation requirements (and 
associated medical certificate and training requirements) of pilots 
engaged in operations under part 121. However, part 121 contains 
regulations imposing the same age limitation on check airmen and flight 
instructors. Specifically, check airmen and flight instructors who have 
reached their 60th birthday may not serve as pilot flight crewmembers 
in part 121 operations. Yet, Congress did not specifically amend those 
requirements. We do not believe that Congress intended that the age 
limitation imposed on a particular population of pilots should be 
different than that imposed on check airmen and flight instructors when 
they serve as pilot flight crewmembers, especially when, prior to the 
legislation's enactment, the age limitation was the same for all 
airmen. To maintain that consistency, the FAA is amending Sec. Sec.  
121.411 and 121.412 to raise the age limit from age 60 to age 65, thus 
allowing check airmen and flight instructors to serve as pilot flight 
crewmembers until they reach the age of 65.
    Likewise, part 61 contains similar age restrictions for pilots 
operating civil airplanes of U.S. registry. Section 61.3(j) prohibits a 
person who holds a part 61 pilot certificate from serving as a pilot in 
certain international air services and air transportation operations if 
the pilot has reached the age of 60. Also, Sec.  61.77(e) prohibits a 
person who holds a part 61 special purpose pilot authorization from 
serving as a pilot in certain international air services and air 
transportation operations if the pilot has reached the age of 60. While 
part 61 encompasses operations conducted under part 121, it could also 
include operations governed by parts 125 and 129. These are not 
``covered operations'' pursuant to the Act. Although Congress did not 
directly mandate amendments to these provisions, the FAA believes 
Congress clearly intended to implement the ICAO age requirements for 
pilots operating internationally, allowing them to conduct commercial 
air transportation operations under certain conditions until the age of 
65. The ICAO standard increases the upper age limit for commercial 
pilots operating two pilot aircraft. In operations with more than one 
pilot, ICAO standard 2.1.10.1 allows a person to serve as a pilot in 
command of an aircraft engaged in international commercial air 
transport operations until his or her 65th birthday if the other pilot 
is younger than 60 years of age. Again, we do not think it was the 
intent of Congress to treat that population of pilots who conduct 
operations under parts 125 and 129 any differently than pilots 
conducting operations under part 121. Thus, the FAA is also amending 
the applicable provisions of part 61 to reflect the new upper age 
limit.
    Additionally, the ICAO standard places no limitation on whether a 
pilot is operating between his or her home state and another country or 
whether he or she is operating between two international territories. 
Because we believe Congress intended to implement ICAO standards, we do 
not think that it intended to limit pilots over the age of 60 from 
operating between two international territories. However, the crew 
pairing provision of the Act does not address this scenario. The crew 
pairing provision states that a pilot over the age of 60 could serve as 
a pilot in command in covered operations between the United States and 
another country, assuming there was another pilot as part of the flight 
deck crew under the age of 60. This provision is not entirely consonant 
with the ICAO standard. The unintended consequence under the statute 
would lead to a contradiction with ICAO standards for international 
flights, which include those flights between two countries outside of 
the United States. The FAA believes that one of the primary purposes of 
the Fair Treatment Act is to harmonize FAA regulations with ICAO 
standards, and we have amended our regulations to reflect those 
standards. This rule allows a person over the age of 60 to serve as a 
pilot in command in covered operations between the United States and 
another country, and in operations between other countries, if there is 
another pilot in the flight deck crew under the age of 60.

Good Cause for Immediate Adoption of This Final Rule

    Section 4 of the Administrative Procedure Act (APA) (5 U.S.C. 
section 553(b)(B)) 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.
    The FAA finds that notice and public comment to this final rule are 
unnecessary and contrary to the public interest. This final rule is a 
result of the Act. Because this rule implements Congressional mandates, 
good cause exists for the FAA to amend without notice its rules 
concerning pilot age limits. A legislative mandate of this nature makes 
it unnecessary to provide an opportunity for notice and comment. 
Further, good cause exists for making this rule effective upon 
publication to minimize any possible confusion. In addition, the FAA 
has determined good cause exists to amend without notice the part 61 
and Sec. Sec.  121.411 and 121.412 provisions regarding age 
limitations. If we do not correct the language in the CFR, we are 
likely to receive numerous petitions for exemption, because the 
published language is not consistent with the statute. Since the FAA 
would not have safety or policy reasons to deny the exemptions, we have 
included these amendments in the final rule.

Discussion of Dates

    The Act was effective on December 13, 2007. However, pending 
publication of this rule, the FAA has not enforced the Age 60 rule 
since December 13, 2007, in a manner inconsistent with the Act. This 
final rule, which promulgates conforming amendments to the FAA's 
regulations as well as other amendments deemed necessary as a result of

[[Page 34231]]

Congressional legislation, is effective upon publication in the Federal 
Register.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (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 conforming regulations.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the FAA submitted a copy of the information collection 
requirements in this final rule to the Office of Management and Budget 
for its review. According to the 1995 amendments to the Paperwork 
Reduction Act (5 CFR 1320.8(b)(2)(vi)), an agency may not collect or 
sponsor the collection of information, nor may it impose an information 
collection requirement unless it displays a currently valid OMB control 
number. The OMB control number for this information collection will be 
published in the Federal Register, after the Office of Management and 
Budget approves it.
    This final rule requires all pilots over the age of 60 who serve in 
part 121 operations to hold an FAA first-class medical certificate, 
valid for 6 months. Some pilots who serve as second-in-command (or co-
pilots) on certain part 121 operations may hold an FAA second-class 
medical certificate, valid for 12 months. Pursuant to this rulemaking, 
those pilots who serve as seconds-in-command must obtain an FAA first-
class medical certificate every 6 months instead of the previously 
required annual second-class medical certificate. Also, all pilots 
serving in part 121 operations over age 60 must be evaluated, through a 
line check, every 6 months. Current regulations only require pilots-in 
command to be evaluated, through a line check, every 12 months.
    The FAA estimates that airlines, pilots, and the FAA will incur 
additional paperwork burdens (and hence an increase in paperwork 
costs). Over a 15-year period, total paperwork costs would be 
approximately $11.7 million. Total paperwork costs are composed of 
record keeping costs and reporting costs.
    An agency may not collect or sponsor the collection of information, 
nor may it impose an information collection requirement unless it 
displays a currently valid Office of Management and Budget (OMB) 
control number.

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs 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, this 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 the Act. We 
suggest readers seeking greater detail read the full regulatory 
evaluation, a copy of which we have placed in the docket for this 
rulemaking.
    In conducting these analyses, FAA has determined that the Act: (1) 
Has benefits that justify its costs; (2) is not an economically 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866; (3) is ``significant'' as defined in DOT's 
Regulatory Policies and Procedures because of Congressional and public 
interest. Accordingly, this final rule has been reviewed by the Office 
of the Secretary of Transportation and the Office of Management and 
Budget; (4) will not have a significant economic impact on a 
substantial number of small entities; (5) will not create unnecessary 
obstacles to the foreign commerce of the United States; and (6) will 
not impose an unfunded mandate on state, local, or tribal governments, 
or on the private sector. These analyses are summarized below.

Total Benefits and Costs of the Act

    The following table enumerates the total costs and benefits of the 
Act over a 15-year period and then summarizes net benefits as the 
discounted present value of the stream of benefits and costs. Both 
accounting costs and economic costs are shown. The accounting costs are 
relevant because they show the distributional effects of the Act--a net 
transfer from airlines and consumers to pilots. The economic net 
benefits of the Act suggest that society is better off with the Act 
than without it.

[[Page 34232]]



                                                                                  (Benefits) and Costs of Changing Pilot Mandatory Retirement Age to 65
                                                                                                         [Constant 2007 dollars]
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                                                                                         Sections 61.23, 121.383, 121.411 and 121.412                                                        Sections 61.3(j) and 121.440
                                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                     Additional
                                                                                                                                                       pilots                                            Total constant
                                                      Salary          Pension       Disability pay    Retirement        Training     Reprogramming   scheduling    Medical       Salary     Line check    dollar costs   DPV total costs
                                                                   contributions                                                                        and      certificate                                  \2\              \2\
                                                                                                                                                      vacation
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total (Accounting Costs).......................   $2,253,407,476     $155,872,313   $1,173,427,286   ($39,887,500)   ($621,985,624)            $0   $51,444,611   $5,306,821   $3,818,813  $31,180,154   $3,012,584,349   $1,762,743,114
Total (Economic Costs).........................                0                0                0    (39,042,500)    (439,768,672)             0    35,917,440    5,060,459    3,818,813   31,180.154    (402,834,306)    (333,614,036)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
(1) Results of the accounting and economic costs estimates use different unit costs and therefore show different results in each cost category.
(2) Excludes paperwork costs, which are insignificant relative to the proposed rule's other costs. See section IV for more details on these costs.


[[Page 34233]]

    It is important to note that negative figures in the above table 
are benefits of the Act. Because the mandatory retirement age has been 
increased to age 65, airlines and consumers will incur ``real costs'' 
and ``transfer payments'' totaling $1.8 billion (present value) over 15 
years, but society will have a cost savings or net benefit of $334 
million in terms of real resource use (real costs reflect real resource 
use, whereas transfer payments are monetary payments from one group to 
another that do not affect total resources available to society).
    In addition to the above quantified benefits, the FAA estimates 
that the Act will result in an increase in the supply of pilots of 
approximately 12 percent over 5 years. In particular, there may be a 
public interest in taking advantage of the experience of pilots aged 60 
to 65. In addition, the Act makes FAA regulations consistent with ICAO 
Amendment 167 by increasing the ``upper age limit'' for pilots 
operating in ``international commercial air transport operations'' up 
to age 65. Previously, pilots certificated outside the United States 
and flying for a foreign air carrier on a non-U.S. registered aircraft, 
who were over age 60, were permitted to fly into the United States 
under ICAO standards through operation specifications. FAA has not 
estimated the value of these benefits because they are unquantifiable.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. 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 proposed or 
final rule would have a significant economic impact on a substantial 
number of small entities. If the agency determines that it would, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 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 basis for such determination follows.
    The Small Business Administration suggests that ``small'' represent 
the impacted entities with 1,500 or fewer employees. FAA identified a 
total of 48 air carriers that meet this definition, as shown below.

Small Business Exposure to Act

                                          Classification of Businesses
----------------------------------------------------------------------------------------------------------------
                          Operator FAR                             Large      Small     Unknown     Grand total
----------------------------------------------------------------------------------------------------------------
121............................................................         55         32          5              92
121/135........................................................          1         16          2              19
                                                                ------------------------------------------------
    Grand Total................................................         56         48          7             111
----------------------------------------------------------------------------------------------------------------
        Percentage.............................................        50%        43%         6%            100%
----------------------------------------------------------------------------------------------------------------
Small = 1,500 employees or less

    For each of these entities, FAA attempted to retrieve revenue data 
published in Form 41. The Form 41 financial reports contain financial 
information on certificated U.S. air carriers. This data is collected 
by the Office of Airline Information of the Bureau of Transportation 
Statistics. Consideration was made for the most recent quarterly data 
available, such that no data is for years prior to fiscal 2005. If data 
was not available in any quarter, the FAA assigned the last quarterly 
figures available. FAA also employed sources such as Dun & Bradstreet, 
Yahoo Finance (http://finance.yahoo.com/), Reuters (http://www.reuters.com/investing) and the 2006 edition of the World Airspace 
Database to estimate annual revenues. FAA then compared the annualized 
accounting costs with annual revenues. Of the 36 entities that FAA 
found data for, it expects that the projected annualized accounting 
costs of the Act will be higher than one percent of the annual revenue 
for three of them. For the group as a whole, the annualized cost is 
estimated as 0.17% of annual revenue.
    Therefore, as the FAA Administrator, I certify that this Act will 
not have a significant economic impact on any small entities.

International Trade Impact Statement

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. 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 the Act and determined that it will impose no 
additional costs on foreign firms, and will make FAA's upper age limit 
for pilots consistent with international standards.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 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 (adjusted annually for 
inflation) 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 $136.1 million in lieu of $100 million.
    The requirements of Title II do not apply because the Act is not a 
mandate, rather it is permissive.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We

[[Page 34234]]

determined that this action would not have a substantial direct effect 
on the States, on the relationship between the national Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, and, therefore, would not have 
federalism implications.

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.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this rulemaking under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

List of Subjects

14 CFR Part 61

    Airmen, Aviation safety.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

The Amendment

0
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 continues to read as follows:

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


0
2. Amend Sec.  61.3 by revising paragraph (j) to read as follows:


Sec.  61.3  Requirement for certificates, ratings, and authorizations.

* * * * *
    (j) Age limitation for certain operations (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 65th birthday:
    (i) Scheduled international air services carrying passengers in 
turbojet-powered airplanes;
    (ii) Scheduled international air services carrying passengers in 
airplanes having a passenger-seat configuration of more than nine 
passenger seats, excluding each crewmember seat;
    (iii) Nonscheduled international air transportation for 
compensation or hire in airplanes having a passenger-seat configuration 
of more than 30 passenger seats, excluding each crewmember seat; or
    (iv) Scheduled international air services, or nonscheduled 
international air transportation for compensation or hire, in airplanes 
having a payload capacity of more than 7,500 pounds.
    (2) Age Pairing Requirement. No person who has attained the age of 
60 but who has not attained the age of 65 may serve as a pilot in 
command in any of the operations described in paragraphs (j)(1)(i) 
through (iv) of this section unless there is another pilot in the 
flight deck crew who has not yet attained 60 years of age.
    (3) Definitions. (i) ``International air service,'' as used in this 
paragraph (j), means scheduled air service performed in airplanes for 
the public transport of passengers, mail, or cargo, in which the 
service passes through the airspace over the territory of more than one 
country.
    (ii) ``International air transportation,'' as used in this 
paragraph (j), means air transportation performed in airplanes for the 
public transport of passengers, mail, or cargo, in which the service 
passes through the airspace over the territory of more than one 
country.
* * * * *

0
3. Amend Sec.  61.23 to revise paragraph (a)(1) to read as follows:


Sec.  61.23  Medical certificates: Requirement and duration.

    (a) * * *
    (1) Must hold a first-class medical certificate:
    (i) When exercising the privileges of an airline transport pilot 
certificate; or
    (ii) If that person has reached his or her 60th birthday and serves 
as a pilot in 14 CFR part 121 operations. Notwithstanding the 
provisions of Sec.  61.23(d)(1)(iii), that person's first-class medical 
certificate expires, for 14 CFR part 121 operations, at the end of the 
last day of the 6th month after the month of the date of examination 
shown on the medical certificate.
* * * * *

0
4. Amend Sec.  61.77 to revise paragraphs (b)(3), (e) introductory 
text, and (g) to read as follows:


Sec.  61.77  Special purpose pilot authorization: Operation of U.S.-
registered civil aircraft leased by a person who is not a U.S. citizen.

* * * * *
    (b) * * *
    (3) Documentation showing when the applicant will reach the age of 
65 years (an official copy of the applicant's birth certificate or 
other official documentation);
* * * * *
    (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 if the person has reached his or her 65th 
birthday, in the following operations:
* * * * *
    (g) Age Pairing Requirement. No person who has attained the age of 
60 but who has not attained the age of 65 may serve as a pilot in 
command in any of the operations described in Sec.  61.3(j)(1)(i) 
through (iv) unless there is another pilot in the flight deck crew who 
has not yet attained 60 years of age.
* * * * *

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

0
5. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
41721, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 
44906, 44912, 44914, 44936, 44938, 46103, 46105.


Sec.  121.2  [Amended]

0
6. Amend Sec.  121.2 by removing paragraph (i) and redesignating 
paragraph (j) as paragraph (i).

0
7. Amend Sec.  121.383 by removing and reserving paragraph (c) and 
adding paragraphs (d) and (e) to read as follows:


Sec.  121.383  Airman: Limitations on use of services.

* * * * *
    (d) No certificate holder may:
    (1) 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.
    (2) Use the services of any person as a pilot in command in 
operations under this part between the United States and another 
country, or in operations

[[Page 34235]]

between other countries, if that person has reached his or her 60th 
birthday unless there is another pilot in the flight deck crew who has 
not yet attained 60 years of age.
    (e) No pilot may:
    (1) Serve as a pilot in operations under this part if that person 
has reached his or her 65th birthday.
    (2) Serve as a pilot in command in operations under this part 
between the United States and another country, or in operations between 
other countries, if that person has reached his or her 60th birthday 
unless there is another pilot in the flight deck crew who has not yet 
attained 60 years of age.

0
8. Amend Sec.  121.411 by revising paragraph (e) to read as follows:


Sec.  121.411  Qualifications: Check airmen (airplane) and check airmen 
(simulator).

* * * * *
    (e) Check airmen who have reached their 65th birthday or who do not 
hold an appropriate medical certificate may function as check airmen, 
but may not serve as pilot flightcrew members in operations under this 
part.
* * * * *
    9. Amend Sec.  121.412 by revising paragraph (e) to read as 
follows:


Sec.  121.412  Qualifications: Flight instructors (airplane) and flight 
instructors (simulator).

* * * * *
    (e) Flight instructors who have reached their 65th birthday or who 
do not hold an appropriate medical certificate may function as flight 
instructors, but may not serve as pilot flightcrew members in 
operations under this part.
* * * * *

0
10. Amend Sec.  121.440 by adding paragraphs (d), (e), and (f) to read 
as follows:


Sec.  121.440  Line checks.

    * * *
    (d) No certificate holder may use the services of any person as a 
pilot in operations under this part unless the certificate holder 
evaluates every 6 months the performance, through a line check, of each 
pilot of the certificate holder who has attained 60 years of age. 
Notwithstanding the foregoing, a certificate holder is not required to 
conduct for a 6-month period a line check under this paragraph of a 
pilot serving as a second-in-command if the pilot has undergone a 
regularly scheduled simulator evaluation during that period.
    (e) No pilot who has attained 60 years of age may serve as a pilot 
in operations under this part unless the certificate holder has 
evaluated the pilot's performance every 6 months, through a line check. 
Notwithstanding the foregoing, a certificate holder is not required to 
conduct for a 6-month period a line check under this paragraph of a 
pilot serving as a second-in-command if the pilot has undergone a 
regularly scheduled simulator evaluation during that period.
    (f) The training program provisions of Sec.  121.401(b) do not 
apply to pilots who have attained 60 years of age and serve in 
operations under this part.

    Issued in Washington, DC, on July 8, 2009.
J. Randolph Babbitt,
Administrator.
[FR Doc. E9-16777 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P


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