[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Rules and Regulations]
[Page 34229-34235]
[DOCID:fr15jy09-9]

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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<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>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<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
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<PHONE_NUMBER>. 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.''

    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 <IP_ADDRESS> 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

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.

                                                                                (Benefits) and Costs of Changing Pilot Mandatory Retirement Age to 65
                                                                                [Constant 2007 dollars]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                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.

    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

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

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]

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[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Notices]
[Page 18519]
[DOCID:fr12ap10-79]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1891-DR; Docket ID FEMA-2010-0002]

Maine; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Maine (FEMA-1891-DR), dated March 25, 2010,
and related determinations.

DATES: Effective Date: March 25, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 25, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Maine resulting from severe winter storms and flooding during the
period of February 23 to March 2, 2010, is of sufficient severity
and magnitude to warrant a major disaster declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Maine.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Maine have been designated as
adversely affected by this major disaster:

    Cumberland, Knox, Lincoln, Sagadahoc, and York Counties for
Public Assistance.
    All counties within the State of Maine are eligible to apply for
assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-8288 Filed 4-9-10; 8:45 am]
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