Executive Summary
The FAA has announced a new mandatory Operations Specification, OpSpec A134, that will require all Part 121 carriers to ensure pilot hiring is conducted strictly on a merit‑based basis. This development stems from federal directives aimed at eliminating race‑ and sex‑based preferences in safety‑critical roles. Although OpSpec A134 is not yet effective, it is moving through the FAA’s non‑emergency amendment process, which imposes extremely short timelines for carrier response.
Once notified by their Principal Operations Inspector, carriers will have only seven days to voluntarily submit written comments, with the OpSpec becoming effective 30 days after FAA issuance of a disposition letter—if adopted. The FAA has not provided substantive compliance guidance, leaving carriers to assess their pilot hiring and selection practices quickly in anticipation of the new requirement.
Airlines should immediately monitor for POI notifications and prepare internal assessments to support any timely submission to the FAA.
Key Takeaways
New Mandatory Requirement: The FAA has proposed OpSpec A134, which would require all Part 121 carriers to ensure pilot hiring is conducted strictly on a merit‑based basis.
Driven by Federal Directives: The proposal implements Executive Order 14173 and related Presidential actions aimed at eliminating race‑ or sex‑based hiring preferences in safety‑critical roles.
Clarification on Certification: OpSpec A134 is an amendment to existing Operations Specifications, not a new or separate certificate, despite sample pages suggesting otherwise.
Tight Response Timeline: Once notified by their Principal Operations Inspector, carriers have 7 days to voluntarily submit written comments, with potential effectiveness 30 days after the FAA’s disposition.
Action Needed: Carriers should prepare now by monitoring for POI notifications and reviewing pilot hiring and selection procedures in anticipation of the new requirement.
Background
On February 13, 2026, the FAA issued Notice N 8900.767 announcing a new mandatory Operations Specification (“OpSpec”) A134 that would require all certificate holders conducting operations under 14 CFR Part 121 to “ensure pilot hiring is exclusively merit-based to fulfill its duty to provide the highest possible degree of safety in the public interest.” The requirement applies only to pilots and does not extend to other members of the flight crew.
Although the Notice does not provide definitions, compliance standards, or examples clarifying what the FAA considers “merit‑based” hiring, the Notice explains that A134 was developed in keeping with Executive Order 14173, Ending Illegal Discrimination and Restoring Merit‑Based Opportunity and the Presidential Action titled Keeping Americans Safe in Aviation, both published on January 21, 2025. Executive Order 14173 asserts that institutions, including large commercial airlines, have adopted unlawful race‑ and sex‑based preferences under DEI frameworks. It directs federal agencies to eliminate such practices and restore strictly merit‑based decision making. The Presidential Action is based on similar rationale with the added factor that pilot hiring is a safety‑critical function. It asserts that DEI‑based hiring within the FAA and the aviation sector constitutes unlawful discrimination that undermines safety and job performance. It directs DOT and the FAA to rescind all DEI initiatives, return to merit‑based hiring, and review personnel in safety‑critical roles to ensure they meet required competence standards.
Clarification on Certificate Confusion
Importantly, Appendices B and C to the Notice contain sample pages of OpSpec A134. These samples have caused some confusion because they include the carrier’s “Certificate No.” and a signature block. However, they are not a separate certification nor a standalone certificate. Rather, consistent with 14 C.F.R. §§ 119.49 and 119.51, OpSpec A134 is an Operations Specifications paragraph that the FAA inserts into a carrier’s existing OpSpecs, which are themselves enforceable conditions of the carrier’s FAA operating certificate. A carrier’s signature simply reflects its formal acceptance of the amended Ops Specs, not the issuance of a new certification or new certificate requirement.
FAA Amendment Process and Timelines
OpSpec A134 is not currently in effect, but is moving through the FAA’s non‑emergency amendment process. Under this process, Principal Operations Inspectors (“POIs”) must issue individual notification letters to carriers within two business days of the Notice, meaning airlines could have begun receiving them as early as Tuesday. Once a carrier receives its notification of the newly proposed OpSpec, it has seven days from the date of that letter to voluntarily submit written information, views, and arguments for FAA consideration. After reviewing any material submitted, the FAA will issue a disposition letter adopting, partially adopting, or withdrawing OpSpec A134. If adopted, OpSpec A134 becomes effective 30 days after the carrier receives the FAA’s disposition letter.
Carrier Considerations
Given the accelerated amendment timeline and the absence of compliance guidance, carriers should promptly confirm whether they have received their POI notification and begin preparing any written information, views, or arguments they intend to submit within the seven‑day window. This should include a review of relevant pilot hiring and selection procedures, as needed to support their submission, and address any operational or legal considerations associated with OpSpec A134.
Seyfarth will continue to monitor the FAA’s amendment process for OpSpec A134, including the issuance of POI notifications and any subsequent FAA guidance or dispositions. We will provide updates as developments unfold. For additional questions or assistance, please contact the authors of this alert or your Seyfarth attorney.
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