[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Rules and Regulations]
[Pages 34784-34785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14280]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No. FAA-2012-0486; Amdt. No. 121-359]
Removal of Six Month Line Check Requirement for Pilots Over Age
60; Technical Amendment
AGENCY: Federal Aviation Administration, DOT.
[[Page 34785]]
ACTION: Final rule; technical amendment.
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SUMMARY: The ``FAA Modernization and Reform Act of 2012,'' enacted on
February 14, 2012, in Section 305 of the Act, removed the line check
performance evaluation requirements for pilots over 60 years of age
that applied to air carriers engaged in part 121 operations. This
technical amendment conforms to the FAA's regulations as a result of
the Act.
DATES: Effective June 12, 2012.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this rule contact Nancy Lauck Claussen, Air Transportation Division,
AFS-200, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-8166, email
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In 2007, Congress enacted the ``Fair Treatment for Experienced
Pilots Act'' which became effective December 13, 2007. This legislation
raised the upper age limit for pilots in part 121 from age 60 to age
65. It also required that air carriers engaged in part 121 operations
evaluate the performance of 60 years old pilots, through a line check,
every 6 months.
On February 14, 2012, Congress enacted the ``FAA Modernization and
Reform Act of 2012'' (the ``Act''). Section 305 of the Act removed the
line check evaluation performance requirements contained in the Fair
Treatment for Experienced Pilots Act.
Upon enactment of the Act, Sec. 121.440 (d) through (f) of the
Code of Federal Regulations (CFR) ceased to be effective. Section
121.440(d) requires that no certificate holder may use the services of
any person as a pilot unless the certificate holder evaluates every 6
months the performance, through a line check, of each pilot who has
attained 60 years of age.
Section 121.440(e) requires that 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.
Section 121.440(f) establishes limitations regarding the
requirements in (d) and (e) that apply to the line check requirements
for pilots over age 60.
The requirement that the performance of each pilot of the air
carrier who has attained 60 years of age be evaluated, through a line
check, every 6 months, is more restrictive than line check requirements
that apply to other pilots in part 121 operations. These provisions
only require that pilots-in command be evaluated, through a line check,
every 12 months. With Section 305 of the Act, it was Congress'
objective to impact rules governing the age limitation requirements of
pilots over age 60 engaged in operations under part 121. This technical
amendment aligns FAA regulations to statutory requirements which will
establish the same line check requirements for all pilots in part 121
operations, regardless of age.
Discussion of Dates
The Act was effective on February 14, 2012. Pending publication of
this rule, the FAA has not enforced the line check requirements for
pilots who have attained 60 years of age. This technical amendment
conforms to the FAA's regulations as a result of the Act and is
effective upon publication in the Federal Register.
Technical Amendment
A legislative mandate of this nature makes it unnecessary to
provide an opportunity for notice and comment. Further, we find that
good cause exists under 5 U.S.C. 553(d)(3) to make the amendment
effective upon publication to minimize any possible confusion. 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 this final rule to remove the requirements that each
pilot of the air carrier who has attained 60 years of age be evaluated,
through a line check, every 6 months.
List of Subjects in 14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends Chapter I of Title 14 Code of Federal Regulations
as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
1. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.
Sec. 121.440 [Amended]
0
2. Amend Sec. 121.440 by removing paragraphs (d) through (f).
Issued in Washington, DC, on June 5, 2012.
Lirio Liu,
Acting Director, Office of Rulemaking.
[FR Doc. 2012-14280 Filed 6-11-12; 8:45 am]
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