99-27156. Occupational Safety and Health Issues for Airline Employees

[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Proposed Rules]
[Pages 56275-56276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27156]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter 1

[Docket No. FAA-1999-6342]


Occupational Safety and Health Issues for Airline Employees

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of public meeting and request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA prescribes and enforces standards and regulations 
affecting occupational safety and health with respect to U.S.-
registered civil aircraft in operation. These regulatory 
responsibilities directly and completely encompass the safety and 
health aspects of the work environment of aircraft crewmembers. 
However, the FAA has not promulgated specific regulations that address 
all employee safety and health issues associated with working 
conditions on aircraft. The FAA will hold a public meeting on December 
10, 1999, to gather information on issues that have not been previously 
regulated. If the results of the review suggest that specific 
regulations should be adopted in response to occupational safety and 
health issues for airline employees, the changes will be proposed 
through the regulatory process.

DATES: The public meeting will be on December 10, 1999, in Washington, 
DC. The meeting will begin at 9 a.m. Persons not able to attend a 
meeting are invited to provide written comments, which must be received 
on or before March 8, 2000.

ADDRESSES: The public meeting will be held at the Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591 in 
the 3rd floor auditorium. Persons unable to attend the meeting may mail 
their comments in duplicate to: U.S. Department of Transportation 
Dockets, Docket No. FAA-1999-6342, 400 Seventh Street, SW., Plaza Room 
401, Washington, DC 20590. Comments also may be sent electronically to 
the Dockets Management System (DMS) at the following Internet address: 
http://dms.dot.gov/ at anytime. Commenters who wish to file comments 
electronically, should follow the instructions on the DMS web site. 
Comments may be filed and/or examined at the Department of 
Transportation Dockets, Plaza Room 401 between 10 a.m. and 5 p.m. 
weekdays except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Requests to present a statement at the 
meeting or questions regarding the logistics of the meeting should be 
directed to Ms. Cindy Nordlie, Federal Aviation Administration, Office 
of Rulemaking, ARM-108, 800 Independence Avenue, SW., Washington, DC 
20591; telephone [phone]; fax [phone].
    Questions concerning the subject matter of the meeting should be 
directed to Mr. Gene Kirkendall, Federal Aviation Administration, 
Flight Standards Service, AFS-220, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone [phone]; fax [phone].

SUPPLEMENTARY INFORMATION:

Background

    In a 1975 Federal Register notice (40 FR 29114, July 10, 1975), the 
Federal Aviation Administration (FAA) stated that pursuant to its 
complete and exclusive responsibility for the regulation of the safety 
of civil aircraft, the FAA prescribes and enforces standards and 
regulations affecting occupational safety or health with respect to 
U.S.-registered civil aircraft in operation. (An aircraft was described 
as ``in operation'' from the time it is first boarded by a crewmember, 
preparatory to a flight, to the time the last crewmember leaves the 
aircraft after completion of that flight, including stops on the ground 
during which at least one crewmember remains on the aircraft, even if 
the engines are shut down.) The FAA added that, with respect to civil 
aircraft in operation, these regulatory responsibilities directly and 
completely encompass the safety and health aspects of the work 
environment of aircraft crewmembers. The FAA stated that aircraft 
design and operational factors are indivisible from occupational safety 
or health factors insofar as they affect the workplace of those 
crewmembers and that aircraft design and operational problems affecting 
the flight safety of crewmembers necessarily affect their occupational 
safety or health. The FAA also noted that regulatory solutions to these 
problems necessarily involve practices, means, methods, operations, or 
processes needed to control the workplace environment of aircraft 
crewmembers.
    In the notice, the FAA stated that it had issued numerous 
regulations directly affecting the workplace of pilots, flight 
engineers, flight attendants, and other persons whose workplace is on 
an aircraft in operation. Such regulations included aircraft 
performance and structural integrity, safety equipment for emergency 
ditching and evacuation, fire protection, protective breathing rescue 
aids, and emergency exits used by crewmembers. Other regulations 
affecting the crewmember workplace have addressed cockpit lighting, 
crewmember seat belts, toxicity and other characteristics of materials 
in the crewmember workplace, noise reduction, smoke evacuation, 
ventilation, heating, and pressurization.
    The FAA is now reviewing its regulatory oversight of occupational 
safety and health issues for airline employees. If the results of the 
review suggest that specific regulation of areas involving occupational 
safety and health issues is appropriate for airline employees, the 
changes would be proposed through the regulatory process.
    The FAA considered a number of alternative approaches to 
occupational safety and health concerns. During a preliminary review, 
the FAA considered delegating certain areas of responsibility to the 
Occupational Safety and Health Administration (OSHA), similar to what 
was developed by the Federal Railroad Administration in 1978. However, 
the FAA has determined that this would be impractical for several 
reasons including: (1) State OSHA requirements can be more protective 
than Federal OSHA requirements and can vary among states, resulting in 
multiple standards; (2) current OSHA requirements were not developed 
for aircraft in operation; and (3) OSHA's jurisdiction is limited to 
the United States and therefore would not apply to international 
operations. The FAA also considered voluntary programs by airlines, but 
questions whether voluntary programs would be adequate because there 
would not be standardization among the airlines regarding occupational 
safety and health issues.

Specific Issues for Public Comment

    There are several specific issues on which the FAA seeks comment at 
the public meeting. These key issues are intended to help focus public 
comments on areas about which information is needed by the FAA in 
completing its review of the occupational safety and health issues for 
airline employees. The comments at the meeting need not be

[[Page 56276]]

limited to these issues, and the FAA invites comments on any other 
aspect of occupational safety and health on aircraft in operation.
    (1) Are there specific crewmember occupational safety and health 
concerns? If so, what are they?
    (2) What recordkeeping data is available that documents injuries 
and illnesses related to crewmember and other employee occupational 
safety and health concerns? Should recordkeeping be standardized?
    (3) How are aviation employees other than crewmembers (such as 
ground service employees and maintenance workers) currently protected 
by FAA regulations, and should the working conditions of these 
employees be included in possible future rulemaking? Should the FAA 
modify its rules about maintenance manuals?
    (4) Describe how occupational safety and health hazards vary when 
the aircraft is airborne versus when it is on the ground.
    (5) Are there any safety issues related to operations on airport 
ramp areas that the FAA should address?
    (6) In the development of its own occupational safety and health 
standards, what, if any, OSHA standards should the FAA use as the basis 
for future FAA standards?
    (7) What procedures should be established to identify and remedy 
issues not addressed by OSHA regulations?
    (8) Are any air carriers currently supporting occupational safety 
and health programs for their employees? If so, what do the programs 
include?
    (9) What are the potential impact and implementation problems 
associated with the FAA developing occupational safety and health 
standards to protect airline employee safety and health?
    Input is encouraged from government agencies such as OSHA, the 
Environmental Protection Agency, the National Institutes for 
Occupational Safety and Health, and the Centers for Disease Control and 
from advisory groups such as the American Industrial Hygiene 
Association and the American Society for Safety Engineers.

Participation at the Meeting

    Requests from persons who wish to present oral statements at the 
meeting should be received by the FAA no later than November 22, 1999. 
Such requests should be submitted to Cindy Nordlie, as listed above in 
the section titled FOR FURTHER INFORMATION CONTACT and should include a 
written summary of oral remarks to be presented and an estimate of time 
needed for the presentation. The FAA will prepare an agenda of speakers 
that will be available at the meeting. The names of those individuals 
whose requests to present oral statements are received after the date 
specified above may not appear on the written agenda. To accommodate as 
many speakers as possible, the amount of time allocated to each speaker 
may be less than the amount of time requested. Persons requiring 
audiovisual equipment should notify the FAA when requesting to be 
placed on the agenda.

Public Meeting Procedures

    The FAA will use the following procedures to facilitate the 
meeting:
    (1) There will be no admission fee or other charge to attend or to 
participate in the meeting. The meeting will be open to all persons who 
are scheduled to present statements or who register between 8:30 a.m. 
and 9 a.m. on the day of the meeting. While the FAA will make every 
effort to accommodate all persons wishing to participate, admission 
will be subject to availability of space in the meeting room. The 
meeting may adjourn early if scheduled speakers complete their 
statements in less time than is scheduled for the meeting.
    (2) An individual, whether speaking in a personal or a 
representative capacity on behalf of an organization, may be limited to 
a 10-minute statement. If possible, we will notify the speaker if 
additional time is available.
    (3) The FAA will try to accommodate all speakers. If the available 
time does not permit this, speakers generally will be scheduled on a 
first-come-first-served basis. However, the FAA reserves the right to 
exclude some speakers if necessary to present a balance of viewpoints 
and issues.
    (4) Sign and oral interpretation can be made available at the 
meeting, as well as an assistive listening device, if requested 10 
calendar days before the meeting.
    (5) Representatives of the FAA will preside over the meeting. A 
panel of FAA personnel involved in this issue will be present.
    (6) The meeting will be recorded by a court reporter. A transcript 
of the meeting and any material accepted by the FAA representatives 
during the meeting will be included in the public docket. Any person 
who is interested in purchasing a copy of the transcript should contact 
the court reporter directly. Additional transcript purchase information 
will be available at the meeting.
    (7) The FAA will review and consider all material presented by 
participants at the meeting. Position papers or material presenting 
views or arguments related to the occupational safety and health of 
crewmembers may be accepted at the discretion of the presiding officer 
and subsequently placed in the public docket. The FAA requests that 
persons participating in the meeting provide six copies of all 
materials to be presented for distribution to the FAA representatives; 
other copies may be provided to the audience at the discretion of the 
participant.
    (8) Statements made by FAA representatives are intended to 
facilitate discussion of the issues or to clarify issues. Any statement 
made during the meeting by an FAA representative is not intended to be, 
and should not be construed as, a position of the FAA.
    (9) The meeting is designed to solicit public views and gather 
additional information on the occupational safety and health of 
crewmembers and other issues discussed in this notice. Therefore, the 
meeting will be conducted in an informal and non-adversarial manner. No 
individual will be subject to cross-examination by any other 
participant; however, FAA representatives may ask questions to clarify 
a statement and to ensure a complete and accurate record.

    Issued in Washington, DC on October 4, 1999.
Margaret Gilligan,
Deputy Associate Administrator for Regulation and Certification.
[FR Doc. 99-27156 Filed 10-13-99; 4:52 pm]
BILLING CODE 4910-13-P