Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2015-06-12.xml --- 80 113 Friday, June 12, 2015 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service See National Institute of Food and Agriculture AIRFORCE Air Force Department NOTICES Active Duty Service Determinations for Civilian or Contractual Groups, 33492-33493 2015-14383 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33521 2015-14400 Coast Guard Coast Guard RULES Safety Zones: Annual Events in the Captain of the Port Buffalo Zone, 33412 2015-14475 Milwaukee Harbor, Milwaukee, WI, 33412-33413 2015-14447 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 33485-33490 2015-14441 2015-14442 Commodity Credit Commodity Credit Corporation NOTICES Environmental Impact Statements; Availability, etc.: Biomass Crop Assistance Program, 33475-33476 2015-14393 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Provisions Common to Registered Entities, 33491-33492 2015-14333 Regulation of Domestic Exchange-Traded Options, 33490-33491 2015-14332 Defense Department Defense Department See Air Force Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33496-33497 2015-14314 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Construction Rate Requirements—Price Ajustment, 33495-33496 2015-14438 Federal Acquisition Regulation; Material and Workmanship, 33497 2015-14432 Arms Sales, 33493-33495, 33497-33499 2015-14406 2015-14414 Education Department Education Department NOTICES Applications for New Awards: Charter Schools Program Grants for Replication and Expansion of High-Quality Charter Schools, 33499-33510 2015-14386 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: New England Clean Power Link Transmission Line, 33510-33511 2015-14335 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New York State Implementation Plan for Carbon Monoxide; Revisions, 33418-33425 2015-14439 Response to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; etc., 33840-33985 2015-12905 South Carolina;

Charlotte-Rock Hill; Base Year Emissions Inventory and Emissions Statements Requirements, 33413-33418 2015-14338 Approval and Promulgation of Implementation Plans; CFR Correction, 33413 2015-14398 Mandatory Greenhouse Gas Reporting; CFR Correction, 33425 2015-14399 PROPOSED RULES Air Quality Implementation Plans; Approvals and Promulgations: Protection of Stratospheric Ozone; 2016 Critical Use Exemption from the Phaseout of Methyl Bromide, 33460-33467 2015-14473 Air Quality State Implementation Plans;

Approvals and Promulgations: Illinois; Disapproval of State Board Infrastructure SIP Requirements for the 2006 PM2.5 and 2008 Ozone NAAQS, 33458-33460 2015-14348 South Carolina; Charlotte-Rock Hill; Base Year Emissions Inventory and Emissions Statements Requirements, 33460 2015-14346 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under the Clean Air Act, 33518-33519 2015-14445 Environmental Impact Statements;

Availability, etc.; Weekly Receipts, 33519 2015-14435 EPA Air Pollution Control Cost Manual Chapter Revisions, 33515-33517 2015-14470 Request for Nominations: Chemical Safety Advisory Committee; Establishment, 33517-33518 2015-14331 Farm Service Farm Service Agency NOTICES Environmental Impact Statements; Availability, etc.: Biomass Crop Assistance Program, 33475-33476 2015-14393 Federal Aviation Federal Aviation Administration RULES Establishment of Class E Airspace: Tribune, KS, 33401-33402 2015-14287 Pilot Pairing Requirements, 33397-33401 2015-14248 NOTICES Environmental Impact Statements;

Availability, etc.: Norfolk International Airport, 33582-33583 2015-14202 Federal Communications Federal Communications Commission RULES Authorization of Radiofrequency Equipment, 33425-33449 2015-14072 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 33519-33520 2015-14500 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 33511-33515 2015-14387 2015-14388 2015-14389 2015-14390 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highways:

Minnesota, 33583-33584 2015-14080 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: Agricultural and Food Transporters Conference, 33584-33585 2015-14277 Federal Railroad Federal Railroad Administration NOTICES Safety Advisories: Operational and Signal Modifications for Compliance with Maximum Authorized Passenger Train Speeds and Other Speed Restrictions, 33585-33587 2015-14394 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 33520 2015-14407 Fish Fish and Wildlife Service NOTICES Environmental Assessments;

Availability, etc.: Enbridge Line 6B Oil Discharges near Marshall, MI; Draft Damage Assessment and Restoration Plan, 33540-33541 2015-14410 Environmental Impact Statements; Availability, etc.: Midwest Wind Energy Multi-Species Habitat Conservation Plan, 33537-33540 2015-14408 Na Pua Makani Wind Energy Project Draft Habitat Conservation Plan, Oahu, HI, 33535-33537 2015-14194 Permits: Endangered Species; Marine Mammals, 33541-33543 2015-14334 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Food Allergen Labeling and Reporting, 33522 2015-14437 Medical Device Recall Authority, 33523-33524 2015-14359 Reclassification Petitions for Medical Devices, 33524-33525 2015-14358 Waivers of Invivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form and Type A Medicated Articles, 33521-33522 2015-14436 Guidance for Industry and Staff: Assessment of Male-Mediated Developmental Risk for Pharmaceuticals, 33526-33527 2015-14363 Cell-Based Products for Animal Use, 33522 2015-14360 Recommendations for Preparation and Submission of Animal Food Additive Petitions, 33528-33529 2015-14364 Medical Devices:

Electric Positioning Chair; Exemption from Premarket Notification, 33525-33526 2015-14434 Regulatory Review Periods for Patent Extensions: XELJANZ, 33527-33528 2015-14433 Foreign Trade Foreign-Trade Zones Board NOTICES Expansions of Trade Zones: Subzone 72B, Eli Lilly and Co., Plainfield, IN, 33479 2015-14455 Production Activities: Saft America Inc., Foreign-Trade Zone 64, Jacksonville, FL, 33479 2015-14453 Reorganizations under Alternative Site Frameworks: Foreign-Trade Zone 8, Toledo, OH, 33479-33480 2015-14454 Forest Forest Service NOTICES Environmental Assessments;

Availability, etc.: Angeles and San Bernardino National Forests; California; San Gabriel Mountains National Monument Management Plan, 33476-33478 2015-14412 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Civilian Board of Contract Appeals; Rules of Procedures, etc., 33520-33521 2015-14446 Federal Acquisition Regulation; Construction Rate Requirements—Price Ajustment, 33495-33496 2015-14438 Federal Acquisition Regulation;

Material and Workmanship, 33497 2015-14432 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard NOTICES Meetings: Homeland Security Advisory Council; Teleconference, 33532-33533 2015-14401 Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 33533-33535 2015-14190 Indian Affairs Indian Affairs Bureau NOTICES Confederated Tribes of the Umatilla Indian Reservation Liquor Code, 33543-33545 2015-14419 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Office of Natural Resources Revenue See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Partnership Transactions Involving Equity Interests of a Partner, 33402-33412 2015-14405 PROPOSED RULES Aggregation of Basis for Partnership Distributions Involving Equity Interests of a Partner, 33452-33456 2015-14404 Partnership Transactions Involving Equity Interests of a Partner, 33451-33452 2015-14403 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Pasta from Italy, 33480-33481 2015-14450 Seamless Refined Copper Pipe and Tube from Mexico, 33482-33483 2015-14451 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Welded Line Pipe from Korea and Turkey, 33554-33555 2015-14319 Investigations; Determinations, Modifications, and Rulings, etc.: Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone, 33555-33556 2015-14380 Justice Department Justice Department NOTICES Consent Decrees under the Oil Pollution Act, 33556 2015-14384 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33557-33558 2015-14382 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33546-33547 2015-14484 Crude Helium Sale and Auction for Fiscal Year 2016 Delivery, 33548-33550 2015-14487 Environmental Impact Statements; Availability, etc.: John Day Basin Resource Management Plan; Record of Decision, 33546 2015-14485 Plats of Survey: Nevada, 33545 2015-14431 Relocation of Albuquerque District and Rio Puerco Field Offices, 33550-33551 2015-14476 Resource Management Plans:

Pony Express; Salt Lake Field Office, UT, 33547-33548 2015-14296 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Construction Rate Requirements—Price Ajustment, 33495-33496 2015-14438 Federal Acquisition Regulation; Material and Workmanship, 33497 2015-14432 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 33558 2015-14420 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute Food National Institute of Food and Agriculture NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33478-33479 2015-14416 National Institute National Institute of Standards and Technology NOTICES Meetings: National Institute of Standards and Technology Cloud Computing Forum and Workshop, 33483-33484 2015-14316 National Institute National Institutes of Health NOTICES Charter Renewals: Office of the Director, 33530 2015-14345 Meetings: Center for Scientific Review, 33529-33530 2015-14341 2015-14428 National Cancer Institute, 33530-33531 2015-14342 2015-14344 National Institute of Allergy and Infectious Diseases, 33532 2015-14429 National Institute of General Medical Sciences, 33532 2015-14430 National Institute of Neurological Disorders and Stroke, 33529 2015-14427 National Institute on Aging, 33531-33532 2015-14343 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Quotas, 33467-33474 2015-14284 NOTICES Takes of Marine Mammals Incidental to Specified Activities: Construction of the Block Island Transmission System, 33484-33485 2015-14310 National Park National Park Service NOTICES Meetings: Big Cypress National Preserve Off-Road Vehicle Advisory Committee; Cancellation, 33551 2015-14463 Na Hoa Pili O Kaloko-Honokohau National Historical Park Advisory Commission; Request for Nominations and Meeting Cancellation, 33552-33553 2015-14469 Wekiva River System Advisory Management Committee, 33552 2015-14460 National Register of Historic Places:

Pending Nominations and Related Actions, 33551-33552 2015-14402 Nuclear Regulatory Nuclear Regulatory Commission RULES Transportation Safety Requirements and Harmonization with International Atomic Energy Agency Transportation Requirements; Revisions, 33988-34018 2015-14212 PROPOSED RULES Petitions for Rulemaking: Physical Protection of Category 1 and Category 2 Quantities of Radioactive Materials, 33450-33451 2015-14422 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

National Source Tracking Transaction Report, 33570-33571 2015-14497 Exemptions: Southern California Edison Co. San Onofre Nuclear Generating Station, Units 1, 2, and 3, and Independent Spent Fuel Storage Installation, 33558-33569 2015-14423 Meetings; Sunshine Act, 33569-33570 2015-14619 Natural Resources Office of Natural Resources Revenue NOTICES Indian Gas Production in Designated Areas Not Associated with an Index Zone: Major Portion Prices and Due Date for Additional Royalty Payments, 33553-33554 2015-14193 Overseas Overseas Private Investment Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33571 2015-14411 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 33572-33573 2015-14315 2015-14320 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Belarus; Continuation of National Emergency (Notice of June 10, 2015), 34019-34021 2015-14688 Securities Securities and Exchange Commission PROPOSED RULES Amendments to a Form and Investment Advisers Act Rules, 33718-33838 2015-12778 Investment Company Reporting Modernization, 33590-33716 2015-12779 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 33574-33577 2015-14362 ICE Clear Credit, LLC, 33573-33574 2015-14361 NASDAQ OMX PHLX LLC, 33574 C1--2015--13175 Small Business Small Business Administration NOTICES Guidance for Industry and Staff: Announcement of Startup in a Day Competition; Dream Big Model, 33577-33579 2015-14340 Startup in a Day Competition; Start Small Model, 33579-33582 2015-14347 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Kentucky Regulatory Program, 33456-33457 2015-14409 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemptions:

Cincinnati, New Orleans and Texas Pacific Railway Co., Scott County, TN, 33588 2015-14452 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Securities and Exchange Commission, 33590-33716 2015-12779 Part III Securities and Exchange Commission, 33718-33838 2015-12778 Part IV Environmental Protection Agency, 33840-33985 2015-12905 Part V Nuclear Regulatory Commission, 33988-34018 2015-14212 Part VI Presidential Documents, 34019-34021 2015-14688 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 80 113 Friday, June 12, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 61 and 121 [Docket No.: FAA-2015-2129; Amdt. Nos. 61-134 and 121-372] RIN 2120-AK68 Removal of Pilot Pairing Requirement AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This final rule conforms Federal Aviation Administration regulations to International Civil Aviation Organization standards and the Fair Treatment for Experienced Pilots Act, both of which no longer contain a pilot pairing requirement. Accordingly, this final rule removes the requirement for a pilot in command who has reached age 60 to be paired with a pilot under age 60 in international commercial air transport operations by air carriers conducting flag and supplemental operations, as well as for other pilots serving in certain international operations using civil airplanes on the U.S. registry.

The removal of this restriction will allow all pilots serving on airplanes in international commercial air transport with more than one pilot to serve until age 65 without a requirement to be paired with a pilot under age 60. DATES: This action becomes effective June 12, 2015. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this document, contact Nancy Lauck Claussen, Air Transportation Division (AFS-200), Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone

(202)267-8166; email *Nancy.L.Claussen@faa.gov.* For legal questions concerning this document, contact Sara Mikolop, Office of the Chief Counsel (AGC-200), Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone

(202)267-3073; email *Sara.Mikolop@faa.gov.* SUPPLEMENTARY INFORMATION: Good Cause for Immediate Adoption The FAA is adopting this final rule without prior notice and public comment effective June 12, 2015. Section 553(b)(B) of the Administrative Procedure Act

(APA)(5 U.S.C.) 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. Additionally, section 553(d) of the APA provides a “good cause” exception from the requirement to publish a substantive rule at least 30 days before its effective date. Recent action by the International Civil Aviation Organization

(ICAO)to remove the requirement in ICAO Annex 1 (Personnel Licensing), Chapter 2 (Licenses and Ratings for Pilots), Standard 2.1.10.1 to pair a pilot in command

(PIC)who has reached age 60 with a pilot under age 60, triggered the sunset of the pilot pairing limitation in 49 U.S.C. 44729(c)(1). Based on this action, as of November 13, 2014, the statutory basis for the pilot pairing requirements in §§ 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) of Title 14 of the Code of Federal Regulations (14 CFR) no longer exists and these regulations are contrary to 49 U.S.C. 44729. The FAA finds that notice and public comment to this immediately adopted final rule are unnecessary and contrary to the public interest because this final rule is limited to conforming 14 CFR parts 61 and 121 with recent changes to statutory requirements pertaining to pilot age limitations. On November 13, 2014, the statutory requirement in 49 U.S.C. 44729(c)(1) for a pilot in command who had reached age 60 to be paired with a pilot under age 60 ceased to be effective, although the regulatory requirements in 14 CFR pertaining to pilot pairing remained in place. It is contrary to the public interest to allow regulatory requirements pertaining to pilot age limitations to remain in the Code of Federal Regulations when those requirements present a direct conflict with the statutory requirements in the United States Code pertaining to pilot age limitations. Further, under section 553(d)(3) of the APA, the FAA finds that good cause exists for making this rule effective upon publication to minimize any possible confusion between the statutory requirements pertaining to pilot age limitations in 49 U.S.C. 44729 and the regulatory requirements pertaining to pilot age limitations in §§ 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) of 14 CFR. Authority for This Rulemaking The FAA's authority to issue rules on 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. Additionally, the Fair Treatment for Experienced Pilots Act (Pub. L. 110-135), codified at 49 U.S.C. 44729, establishes requirements pertaining to pilot age limitations. This rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules and conform FAA requirements pertaining to pilot age limitations with the Fair Treatment for Experienced Pilots Act. I. Overview of Immediately Adopted Final Rule This final rule removes the requirements in §§ 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) for a PIC who has reached age 60 to be paired with a pilot under age 60 in international commercial air transport operations conducted under part 121, as well as for pilots relying on a certificate issued under part 61 and serving in certain international operations using civil airplanes on the U.S. registry. The removal of this restriction will allow all pilots serving on airplanes in international commercial air transport with more than one pilot, to serve beyond 60 years of age (until 65 years of age) without a requirement to be paired with a pilot under 60 years of age. This final rule conforms FAA regulations with ICAO standards and the Fair Treatment for Experienced Pilots Act, which no longer contain a pilot pairing requirement. II. Background A. Fair Treatment for Experienced Pilots Act On December 13, 2007, the Fair Treatment for Experienced Pilots Act (Pub. L. 110-135) amended Title 49 of the United States Code by adding section 44729. Section 44729(a) raised the age limit for pilots serving in operations under part 121 1 from age 60 to age 65, subject to the limitations in section 44729(c) applicable to PICs on international flights. 1 The statute uses the term “covered operations” to describe part 121 operations. *See* 49 U.S.C. 44729(b). Section 44729(c) provided a pilot pairing limitation for PICs serving on international flights. Specifically, section 44729(c)(1) states, “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.” The pilot pairing requirement in section 44729(c)(1) was consistent with the pilot pairing standard in ICAO Annex 1 (Personnel Licensing), Chapter 2 (Licenses and Ratings for Pilots), Standard 2.1.10.1, applicable to multi-pilot crews in effect at the time that section 44729 was added to the United States Code. Until November 13, 2014, Standard 2.1.10.1 stated: A Contracting State, having issued pilot licences, shall not permit the holders thereof to act as pilot-in-command of an aircraft engaged in international commercial air transport operations if the licence holders have attained their 60th birthday or, in the case of operations with more than one pilot where the other pilot is younger than 60 years of age, their 65th birthday. The Agency notes that for operations with a single pilot, Standard 2.1.10.1 requires the pilot to be under age 60. The Fair Treatment for Experienced Pilots Act also provided for a self-executing sunset of the pilot pairing requirement. Specifically, section 44729(c)(2) provides that the pilot pairing requirement in section 44729(c)(1) would cease to be effective on the date that ICAO removed the pilot pairing limitation in Standard 2.1.10.1. Section 44729(c)(2) states that “[p]aragraph [c](1), shall cease 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.” B. “Part 121 Pilot Age Limit” Final Rule On July 15, 2009, the FAA published the “Part 121 Pilot Age Limit” final rule (74 FR 34229) to conform FAA regulations to the statutory requirements in the Fair Treatment for Experienced Pilots Act (codified at 49 U.S.C. 44729). Based on the statutory authority in 49 U.S.C. 44729, the 2009 final rule raised the pilot age limitation from 60 to 65 and added the pilot pairing requirement for pilots conducting part 121 operations and other multi-pilot operations, between or over the territory of more than one country using U.S.-registered airplanes. In the 2009 final rule preamble, the Agency stated that it believed that the Fair Treatment for Experienced Pilots Act intended to harmonize FAA regulations with the ICAO standard pertaining to pilot age limitations and pilot pairing requirements, which would encompass international operations in addition to the part 121 operations identified by the Act. *See* 74 FR 34229, 34230 (July 15, 2009). The ICAO standard pertaining to pilot age limitations and pilot pairing applies to pilots serving in operations between his or her home state and another country, as well as between two territories outside of his or her home state. Accordingly, to harmonize the Agency's regulations with the ICAO standard and further the intent of the Fair Treatment for Experienced Pilots Act, the 2009 final rule added the pilot age limitations and pilot pairing requirement for pilots conducting operations between two international territories using U.S.-registered airplanes and relying on certificates issued under part 61. 2 As a result, for multi-pilot operations, the 2009 final rule increased the maximum age for a pilot to serve and added the pilot pairing requirement for part 121 operations and certain other international air service and air transportation operations using airplanes on the U.S. registry ( *See* §§ 61.3(j), 61.77(e) and (g), and 121.383(d) and (e)). 2 The Agency notes that in accordance with 14 CFR 129.5(b), each foreign air carrier conducting operations within the United States must conduct its operations in accordance with the Standards contained in Annex 1 (Personnel Licensing), Annex 6 (Operation of Aircraft), Part I (International Commercial Air Transport-Aeroplanes) or Part III (International Operations-Helicopters), as appropriate, and in Annex 8 (Airworthiness of Aircraft) to the Convention on International Civil Aviation. Additionally, in accordance with § 129.1(b), operations of U.S.-registered aircraft solely outside of the United States in common carriage by a foreign person or a foreign air carrier must also be in compliance with the ICAO Standards identified in § 129.5(b). Therefore, for these operations, the ICAO amendment to the pilot pairing limitation applies without further change to 14 CFR. The FAA further notes that beginning on the date the ICAO amendment became applicable (November 13, 2014), as an ICAO member state, no foreign air carrier conducting operations under part 129 may conduct operations to or from the United States with any pilot who has reached age 65. This same limitation applies to operations covered by § 129.1(b). The 2009 final rule did not change the maximum age for pilots serving in international operations covered by § 61.3(j)(1) using a single pilot ( *i.e.,* the pilot must be under age 60). *See* § 61.3(j)(2) and 61.77(g). A pilot is only permitted to continue to serve upon reaching age 60 if that pilot serves as a member of a multi-pilot crew that includes a pilot under age 60. Thus, as was the case prior to the 2009 final rule, operations covered by § 61.3(j)(1) that use a single pilot can only be operated by a pilot who has not yet reached 60 years of age. C. ICAO Amendment 172 to Annex 1, Personnel Licensing, Standard 2.1.10.1 During a meeting of the ICAO Council on March 3, 2014, Council members adopted Amendment 172 to Annex 1, Personnel Licensing. The amendment removed the requirement in Standard 2.1.10.1 to pair a PIC who has reached age 60 with a pilot under age 60, and renumbered the standard as 2.1.10. Without the pairing requirement, all pilots on multi-pilot crews serving in international air transport commercial operations may continue to serve as long as they have not reached 65 years of age. 3 Amendment 172 to Annex 1, Personnel Licensing, became applicable on November 13, 2014. 3 Amendment 172 to Annex 1, Personnel Licensing, does not change the existing maximum age permitted for pilots engaged in single-pilot operations. Pilots serving in single-pilot operations must be under age 60. D. Effect of ICAO Amendment and Sunset of 49 U.S.C. 44729(c)(1) on FAA Regulations As previously discussed, 49 U.S.C. 44729(c)(2) states that the pilot pairing requirement in 49 U.S.C. 44729(c)(1) ceases to be effective when ICAO removes the pilot pairing requirement from Annex 1 (Personnel Licensing), Chapter 2 (Licenses and Ratings for Pilots), Standard 2.1.10.1. On November 13, 2014, the revised Standard 2.1.10, that no longer contains the pilot pairing requirement, became applicable. Accordingly, on November 13, 2014, the pilot pairing limitation of 49 U.S.C. 44729(c)(1) ceased to be effective. The FAA subsequently published a Notice of Policy (79 FR 67346, November 13, 2014) explaining that once the pilot pairing limitation of 49 U.S.C. 44729(c)(1) ceased to be effective, the statutory basis for the pilot pairing requirements in 14 CFR 61.3(j)(2), 61.77(g) and 121.383(d)(2) and (e)(2) would no longer exist, and those regulations would be contrary to 49 U.S.C. 44729. Based on the foregoing, in the Notice of Policy, the FAA further stated that it would no longer enforce the pilot pairing requirements contained in 14 CFR 61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) as of the date the ICAO amendment became applicable and corresponding sunset of 49 U.S.C. 44729(c)(1). The ICAO amendment became applicable and the sunset of 49 U.S.C. 44729(c)(1) took place on November 13, 2014. III. Discussion of Immediately Adopted Final Rule This final rule conforms FAA regulations in Title 14 of the Code of Federal Regulations (14 CFR) with the Fair Treatment for Experienced Pilots Act by removing the current pilot pairing requirements from parts 121 and 61. Specifically, the Agency has amended § 121.383(d) and

(e)to allow all pilots serving in part 121 operations of any kind ( *i.e.,* domestic, flag, or supplemental) to serve as long as that pilot has not reached his or her 65th birthday. Additionally, the Agency has amended §§ 61.3 and 61.77 to allow all pilots relying on a certificate issued under part 61 and serving in certain international operations using civil airplanes on the U.S. registry to continue to serve in multi-pilot crews as long as they have not reached their 65th birthday. The maximum age for pilots serving in single pilot crews in operations covered by § 61.3(j)(1) has not changed. This rulemaking provides relieving changes that create the opportunity for scheduling efficiencies because only the maximum pilot age of 65 needs to be considered in bidding for, or flying international flights. All pilots serving in any kind of part 121 operation ( *i.e.,* domestic, flag, or supplemental) may continue to serve until they reach their 65th birthday, regardless of the age of the other pilot(s) on their flightcrew. This rulemaking also provides relieving changes for certain other pilots with certificates issued in accordance with part 61, who serve with multi-pilot crews in international operations using civil airplanes on the U.S. registry. IV. Regulatory Notices and Analyses A. Regulatory Evaluation Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct 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, the 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 this final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it to be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: This final rule is relieving in that it removes the requirement to pair a pilot who has reached age 60 with a pilot who is under age 60 in international operations covered by part 121 and certain other international operations identified in §§ 61.3 and 61.77. The removal of this pilot pairing requirement eases flight scheduling and crew rest requirement costs because, for multi-pilot operations, only the maximum pilot age of 65 needs to be considered in bidding for, or flying international flights covered by part 121 and certain other international operations. The expected outcome will be lower costs. Therefore, a regulatory evaluation was not prepared. FAA has therefore determined that this final rule is not a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, and it is not “significant” as defined in DOT's regulatory policies and procedures provided in DOT 2100.5. B. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” 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 rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the 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 FAA believes that this final rule does not have a significant economic impact on a substantial number of small entities for the following reasons. This final rule removes the age-based pilot pairing requirements from parts 121 and 61. The expected result will be reduced costs or minimal cost for any small entity affected by this rulemaking action. Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. 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 this final rule and determined that it conforms to international standards regarding pilot age limits and, therefore, does not create unnecessary obstacles to the foreign commerce of the United States. D. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) 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 (in 1995 dollars) 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 $151 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this immediately adopted final rule. F. International Compatibility and Executive Order 13609, Promoting International Regulatory Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to 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 proposed regulations. Executive Order 13609, Promoting International Regulatory Cooperation, (77 FR 26413, May 4, 2012) promotes international regulatory cooperation to meet shared challenges involving health, safety, labor, security, environmental, and other issues and reduce, eliminate, or prevent unnecessary differences in regulatory requirements. The FAA has analyzed this action under the policy and agency responsibilities of Executive Order 13609, Promoting International Regulatory Cooperation. The FAA has determined that this action would eliminate differences between U.S. aviation standards and those of other civil aviation authorities by conforming FAA regulations to the corresponding ICAO Standards and Recommended Practices. G. 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. V. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The Agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government; therefore, this final rule does not have Federalism implications. B. Executive Order 13211, Regulations that Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The Agency has determined that it is not a “significant energy action” under the Executive Order, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. VI. How To Obtain Additional Information A. Rulemaking Documents An electronic copy of a rulemaking document may be obtained by using the Internet— 1. Search the Federal eRulemaking Portal *(http://www.regulations.gov* ); 2. Visit the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/* or 3. Access the Government Publishing Office's Web page at: *http://www.gpo.gov/fdsys/.* Copies may also be obtained by sending a request (identified by amendment or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling

(202)267-9677. B. 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. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.* List of Subjects 14 CFR Part 61 Airmen, Aviation safety. 14 CFR Part 121 Air carriers, Aircraft, Airmen, Aviation 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 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 1. The authority citation for part 61 is revised to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 44709-44711, 44729, 45102-45103, 45301-45302. 2. Amend § 61.3 as follows: a. Revise paragraph (j)(1) introductory text; b. Remove paragraph (j)(2); and c. Redesignate paragraph (j)(3) as paragraph (j)(2). The revision reads as follows: § 61.3 Requirement for certificates, ratings and authorizations.

(j)* * *

(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 60th birthday or, in the case of operations with more than one pilot, his or her 65th birthday: 3. Amend § 61.77 as follows: A. Revise paragraph

(e)introductory text; B. Remove paragraph (g); and C. Redesignate paragraphs

(h)through

(j)as paragraphs

(g)through (i), respectively. The revision reads as follows: § 61.77 Special purpose pilot authorization: Operation of a civil aircraft of the United States and leased by a non-U.S. citizen.

(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 in the following operations if the person has reached his or her 60th birthday or, in the case of operations with more than one pilot, his or her 65th birthday: PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 4. The authority citation for part 121 is revised to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note). 5. Amend § 121.383 by revising paragraphs

(d)and

(e)to read as follows: § 121.383 Airman: Limitations on use of services.

(d)No certificate holder may 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.

(e)No pilot may serve as a pilot in operations under this part if that person has reached his or her 65th birthday. Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on June 3, 2015. Michael P. Huerta, Administrator. [FR Doc. 2015-14248 Filed 6-11-15; 8:45 am]

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