Subject: Correction/Enhancement to Status of 60/65 for '07
We're in the saddle for '07. Same game as when we closed out the year.
UPDATE: December 11, 2006
There seems to be some confusion regarding where we stand re next year and the Age 60 issue. Perhaps I failed to draw the ‘fine’ lines around the arcane rules of Congress. When Congress adjourned on Saturday morning, our original bill, S. 65 effectively came to an end; however,
since an almost identical provision was added in July to the Senate Transportation Treasury Housing and Urban Development Appropriations (TTHUD) Bill, our legislative effort to change the Age 60 rule is very much alive.
So, a little enhancement is in order:
·Most of the appropriations bills, including TTHUD were not passed prior to adjournment.
·A temporary funding bill known as a “Continuing Resolution” was passed and will now expire on 15 February 2007.
·The TTHUD Bill MUST and WILL BE PASSED in some form early next year.
·We expect and believe that our provision will be included in the TTHUD bill as Congress resumes consideration of the 2007 appropriations bills next year.
·Although S.65 essentially no longer exists, the language similar to S.65 is a part of the 2007 TTHUD bill (Part 114; see language below).
SEC. 114. AGE OF PILOTS. (a) Modification of FAA's Age-60 Rule- Within 30 days after the effective date of action taken by the International Civil Aviation Organization to amend Annex 1 to the Convention on International Civil Aviation to modify the international standard and recommended practice for Member State curtailment of pilot privileges by reason of age, as agreed and recommended by Air Navigation Commission at the 10th meeting of its 167th session, following its review of the recommendations of the Flight Crew Licensing and Training Panel Working Group A's report AN-WP/7982, the Secretary of Transportation shall modify section 121.383(c) of the Federal Aviation Administration regulations (14 CFR 121.383(c)) to be consistent with the amended standard or recommended practice—
(1) to provide that a pilot who has attained 60 years of age may serve as a pilot of an aircraft operated by an air carrier engaged in operations under 10 part 121 of title 14, Code of Federal Regulations, until having attained 65 years of age on the condition that such pilot may so serve only--
(A) as a required pilot in multi-crew aircraft operations; and
(B) when another pilot serving as a required pilot in such multi-crew aircraft operations has not yet attained 60 years of age; and
(2) to eliminate the prohibition against an air carrier engaged in such operations from using the services of a pilot who has attained 60 years of age.
(b) APPLICABILITY- The modification of the Federal Aviation Administration regulations under subsection (a) shall not provide the basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, made by any pilot seeking reemployment by such air carrier following the pilot's previous termination or cessation of employment as required by section 121.323(c), title 14, Code of Federal Regulations, as that section was in effect on the date of enactment of this Act.
(c) GAO Report After Modification of Age-60 Rule- Within 24 months after the date on which the Secretary of Transportation modifies the Federal Aviation Administration regulations under subsection (a), the Comptroller General shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure concerning the effect, if any, of the modification on aviation safety.
·The current legislative process has not ended—It has merely been extended by a few months.
·Our job is to keep that language in the TTHUD bill; the work to do so has already begun.
Paul Emens, Founder/Government Liaison
Airline Pilots Against Age Discrimination
Captain, Southwest Airlines
[email protected]
410-991-8381