[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65951-65977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30547]
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 /
Proposed Rules
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[[Page 65951]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 135
[Docket No. 28081; Notice No. 95-18]
RIN 2120-AF63
Flight Crewmember Duty Period Limitations, Flight Time
Limitations and Rest Requirements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to amend existing regulations to establish
one set of duty period limitations, flight time limitations, and rest
requirements for flight crewmembers engaged in air transportation. The
proposal results from public and congressional interest in regulating
flight crewmember rest requirements, NTSB Safety Recommendations,
petitions for rulemaking, and scientific data contained in recent
National Aeronautics and Space Administration (NASA) studies relating
to flight crewmember duty periods, flight times, and rest. The proposal
would update the regulations and replace certain out-dated regulations
with a simplified regulatory approach based upon scientific studies of
fatigue. The objective of the proposal is to contribute to an improved
aviation safety system by ensuring that flight crewmembers are provided
with the opportunity to obtain sufficient rest to perform their routine
and emergency safety duties.
DATES: Comments must be received on or before March 19, 1996.
ADDRESSES: Send or deliver comments on this notice in triplicate to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Room 915G, Docket No. 28081, 800
Independence Avenue, SW, Washington, DC 20591. Comments may also be
submitted to the Rules Docket by using the following Internet address:
nprmcmts@mail.hq.faa.gov. Comments must be marked Docket No. 28081.
Comments may be examined in the Rules Docket in Room 915G on weekdays
between 8:30 a.m. and 5:00 p.m., except on Federal holidays.
FOR FURTHER INFORMATION CONTACT: Larry Youngblut, Project Development
Branch, AFS-240, Air Transportation Division, Flight Standards Service,
Room 829, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591; telephone (202) 267-3755.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments, and by commenting on the
possible environmental, economic, and federalism- or energy-related
impact of the adoption of this proposal. Comments concerning the
proposed implementation and effective date of the rule are also
specifically requested.
Comments should carry the regulatory docket or notice number and
should be submitted in triplicate to the Rules Docket address specified
above. All comments received and a report summarizing any substantive
public contact with FAA personnel on this rulemaking will be filed in
the docket. The docket is available for public inspection both before
and after the closing date for receiving comments.
Before taking any final action on this proposal, the Administrator
will consider the comments made on or before the closing date for
comments, and the proposal may be changed in light of the comments
received.
The FAA will acknowledge receipt of a comment if the commenter
includes a self-addressed, stamped postcard with the comment. The
postcard should be marked ``Comments to Docket No. 28081.'' When the
comment is received by the FAA, the postcard will be dated, time
stamped, and returned to the commenter.
Availability of the NPRM
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-430, 800 Independence Avenue SW.,
Washington, DC 20591, or by calling (202) 267-3484. Communications must
identify the notice number of this NPRM.
Persons interested in being placed on a mailing list for future FAA
NPRM's should request a copy of Advisory Circular No. 11-2A, Notice of
Proposed Rulemaking Distribution System, which describes application
procedures.
Background
The aviation industry requires 24-hour activities to meet
operational demands. Growth in global long-haul, regional, overnight
cargo, and short-haul domestic operations is likely to increase round-
the-clock requirements. Flight crews must be available to support 24-
hour a day operations to meet these industry demands. Both domestic and
international aviation frequently require crossing multiple time zones.
Therefore, shift work, night work, irregular work schedules,
unpredictable work schedules, and time zone changes will continue to be
commonplace components of the aviation industry. These factors affect
human physiology by causing performance-impairing fatigue that can
affect the level of safety. The FAA believes that it is critical,
whenever possible, to incorporate scientific information on fatigue and
human sleep physiology into regulations on flight crew scheduling. Such
scientific information can help to maintain the safety margin and
promote optimum crew performance and alertness during flight
operations.
Over the past 40 years, scientific knowledge about sleep, sleep
disorders, circadian physiology, fatigue, sleepiness/alertness, and
performance decrements has grown significantly. Some of this scientific
knowledge, gained through field and simulator studies, has confirmed
that aviators experience performance-impairing fatigue from sleep loss
resulting from current flight and duty practices. Incorporation of
scientific knowledge on fatigue into operations (e.g., regulatory
scheduling considerations, personal strategies, fatigue
countermeasures) would greatly benefit safety. A primary purpose of
this rulemaking is to incorporate as much as possible of the scientific
knowledge into the applicable regulations.
A second purpose of this proposed rulemaking is to establish
consistent and clear duty period limitations, flight time limitations,
and rest requirements for all types of operations. The current
regulations require revising because of their complexity and age. While
domestic flight time limitations and some commuter limitations were
updated in 1985, flag and supplemental operations were not. With
advancements in new aircraft, these operational distinctions are no
longer as meaningful as they once were. This proposal would establish
the same duty period limitations, flight time limitations, and rest
requirements for all types of operations in part 121 for domestic,
flag, and supplemental operations and in part 135 for commuter and on-
demand operations. The duty period limitations, flight time
limitations, and rest requirements would allow for differences based on
the length of flights and number of flight crewmembers on a flight.
[[Page 65952]]
General Discussion
Historical Review
The Civil Aeronautics Act of 1938 (52 Stat. 1007; as amended by 62
Stat. 1216, 49 U.S.C. 551) and subsequently, the Federal Aviation Act
of 1958 (now codified at 49 U.S.C. 40101 et seq.) addressed the issue
of regulating flight crewmember hours of service. The Federal Aviation
Act, as amended, empowers and directs the Secretary of Transportation
to promote the safety of civil air flight in air commerce by
prescribing and revising from time to time ``reasonable rules and
regulations governing, in the interest of safety, the maximum hours or
periods of service of airmen, and other employees.''
Despite many changes in the airline transportation industry over
the 30 years before 1983, the rules governing flight time limitations
and rest requirements remained virtually unchanged because no safety
reasons had been presented which necessitated changes to the
regulations. But the presumed level of safety established by these
rules did not necessarily mean that the rules were as effective as they
should have been when considered in light of changes that had occurred
in the industry in the previous 30 years.
In 1983, a significant rulemaking was initiated to clarify and
simplify the regulations and to make them more applicable to the air
transportation environment at that time. A significant driving force
for amending the flight time regulations in 1983 was that the
requirements under part 121 were so complicated that they had required
thousands of pages of interpretation and had sometimes been incorrectly
followed by air carriers.
A second significant factor justifying amendment of the rules in
1983 was their inflexibility. For example, although under the then
existing rule, air carriers were not considered in violation of the
rules if flight times were exceeded due to adverse weather conditions
or other circumstances beyond the control of the air carrier, an air
carrier did not have the flexibility to adjust scheduled rest periods
in the event of late arrivals or other factors. If a flight was late,
the subsequent flights often had to be delayed while substitute flight
crewmembers were brought in or while the flight crewmembers received
their scheduled rest periods.
A third factor affecting the pre-1983 rules was, under deregulation
of the air transportation industry, the number and variety of domestic
certificate holders dramatically increased. The complexity and variety
of the newer operations required that the FAA provide clear and simple
minimum safety criteria for all operators.
A fourth factor affecting the pre-1983 rules, and one related to
the changing character of the air transportation industry, was the
growth of commuter operations. Some commuter operations fall under part
121 domestic rules while others fall under part 135 rules. A question
existed as to whether either set of requirements effectively covered
these comparatively new and growing operations. Thus an additional aim
of the 1983-1985 rulemaking proceedings was to study the materials
submitted by the commuter industry group and incorporate the findings
into the applicable rules in order to provide, in this segment of the
industry, a level of safety equivalent to other air transportation
operations.
The 1983-1985 rulemaking proceeding was not the FAA's first attempt
to solve the previously described problems. For a number of years
before 1983 the FAA recognized that the flight time limits and rest
requirements needed to be clarified and substantively improved in those
areas where they were potentially inadequate. On several occasions the
FAA had attempted to correct the flight time limitation problems of
both parts 121 and 135 through rulemaking actions. But because of the
complexity of the flight time rules and the economic interests
affected, none of the previous proposals succeeded in resolving the
problems to the satisfaction of the affected parties. Given the
importance of the flight time rules in air transportation safety, the
FAA decided in 1983 to try an innovative approach that would bring the
affected parties together to negotiate a resolution.
1983-1985 Regulatory Negotiation
In 1983 regulatory negotiation was a new concept recommended by the
Administrative Conference of the United States. Basically, it was a
procedure by which representatives of all interests affected by a
rulemaking could be brought together to fully discuss the issues under
conditions conducive to narrowing or eliminating differences and to
negotiating a proposed rule acceptable to each interest. In accordance
with the recommended procedure, the FAA created an advisory committee
chartered under the Federal Advisory Committee Act. The committee was
comprised of persons representing the diverse interests affected by the
flight time rules, including persons representing flight crewmembers,
air carriers, air taxis, helicopter operators, and the public.
The committee met for 16 days in 1983 under the direction of a
convener/mediator and thoroughly discussed the major issues involved in
the regulation of flight time limits and rest requirements for domestic
operations under part 121 and for operations under part 135. Although
the committee did not reach consensus on any particular proposal, its
deliberations were successful in narrowing the differences among
parties and in reaching substantial agreement on some issues. In
addition, the committee identified major areas of concern and all
parties obtained significant, new information on a subject which had
been discussed, without resolution, for years. The committee
deliberations led to a notice of proposed rulemaking [49 FR 12136,
March 28, 1984] and then to a final rule [50 FR 29306, July 18, 1985].
The final rule reflected comments received from the organizations
represented on the Advisory Committee and from others. The final rule
accomplished the following major objectives:
(1) It resolved a series-of-flights problem in part 121, domestic
air carrier rules, thereby addressing many interpretation issues;
(2) It established a new rest period requirement in part 121,
domestic air carrier rules, for flight crewmembers scheduled to fly 8
hours or less in 24 consecutive hours and allowed greater scheduling
flexibility, including the introduction of a reduced rest period;
(3) It upgraded the requirements for all operations in part 135,
particularly scheduled operations; and
(4) It incorporated into the rules certain exemptions that had wide
applicability: The reduction of a 10-hour rest under part 135 under
certain conditions; the extension of flight time with augmented crews;
and the special limitations needed for helicopter medical emergency
services.
ARAC Flight/Duty Working Group
While the FAA's 1983-1985 flight time limitations rulemaking was a
step forward in dealing with rest and flight time issues, the
rulemaking was limited in its scope and did not address either flag or
supplemental operations under part 121. The FAA recognized at the time
that flag and supplemental rules would need to be updated because these
rules contained some of the same language and problems contained in the
domestic rules that were amended. Furthermore, though the 1985
rulemaking clarified some of the flight time and rest requirements, it
did not resolve the problems completely. Also, since the 1985
rulemaking, the complexity of the rules and
[[Page 65953]]
inconsistencies associated with various types of operations (domestic,
flag, and supplemental under part 121 and commuter and on-demand under
part 135) have continued to make application and interpretation
burdensome. A number of petitions to amend the various sections were
received (discussed in more detail later), as well as hundreds of
letters concerning the interpretation of rest requirements for flight
crewmembers assigned to a reserve status. Therefore, on June 15, 1992,
the FAA announced [57 FR 26685] the establishment of the Flight
Crewmember Flight/Duty Rest requirements working group (ARAC Flight/
Duty Working Group) of the Aviation Rulemaking Advisory Committee
(ARAC).
The ARAC had been established by the FAA in January 1991 [46 FR
2190, January 22, 1991] as a vehicle for convening representatives of
interested groups to assist the FAA in addressing regulatory problems
in a forum that could use, in a less formal setting, many of the
regulatory negotiation techniques that had been used by the 1983-1985
flight time limitations advisory committee. The working group's task
was to determine whether regulations pertaining to air carrier flight
duty and rest requirements are consistently interpreted and understood
by the FAA, air carriers, and pilots; to evaluate industry compliance/
practice regarding scheduling of reserve duty and rest periods; and to
evaluate reports of excessive pilot fatigue as a result of such
scheduling. The working group was to develop recommendations for
advisory material and a regulatory revision as appropriate.
Between its creation on June 15, 1992, and June 30, 1994, the ARAC
Flight/Duty Working Group met on numerous occasions. The chairman of
this working group (Dr. Donald E. Hudson of the Aviation Medicine
Advisory Service) submitted a preliminary report on February 1, 1994,
and a final report on June 30, 1994. The report indicated that while
the working group did not reach a consensus on the specific issues, the
working group did agree on four major areas that the FAA should address
in future rulemaking actions: Absence of a duty time limitation;
reserve scheduling; back-side-of-the-clock operations; and scheduled
reduced rest. Each of the four areas is briefly described here. Three
areas are specifically addressed in this rulemaking and one, back-side-
of-the-clock operations, is partially, though indirectly, addressed.
Continuous or indefinite duty could occur under the current rules
if flight crewmembers complete their daily schedule when delays
encountered are beyond the control of the certificate holder, no matter
how long it extends their duty period. The reserve scheduling issue
concerns questions such as, do the same rest period requirements apply
to flight crewmembers assigned to reserve duty as the rest period
requirements that apply to flight crewmembers assigned to scheduled
flights? Back-side-of-the clock operations refers to the question
whether special duty limitations and rest requirements should be
developed for operations that are scheduled during a flight
crewmember's normal sleep cycle. The scheduled reduced rest issue
concerns whether certificate holders should be allowed to schedule
reduced rest in advance or whether reduced rest should only be allowed
to deal with unavoidable delays.
Because no consensus could be reached, Dr. Hudson's final report
included proposals submitted by several members of the working group.
It also stated that there is enough clear scientific guidance available
to assist the FAA in establishing a regulatory ``safety floor'' that
will both address the identified issues and not unfairly penalize
carriers economically. The report further stated that there is not any
physiological justification for having different work rules for part
121 and 135 operators.
NASA Research Program
In 1980, in response to a Congressional request, the National
Aeronautic and Space Administration (NASA) Ames Research Center created
a Fatigue/Jet Lag Program to examine whether there are safety problems
due to transmeridian flying and fatigue in association with various
factors found in air transport operations. Since its inception, the
program has pursued the following three goals: (1) to determine the
extent of fatigue, sleep loss, and circadian disruption in both
domestic and international flight operations; (2) to determine the
impact of these factors on flight crew performance; and (3) to develop
and evaluate countermeasures to reduce the adverse effects of these
factors and improve flight crew performance and alertness. In 1991, the
NASA Ames Program was renamed the NASA Ames Fatigue Countermeasures
Program to highlight the increased focus on the third goal. Since the
beginning of the program, NASA has worked in close cooperation with the
FAA and with the airline industry to collect data and to provide the
findings of its extensive research as quickly as possible. This
research is fundamental to this proposal.
NASA Technical Memoranda reveal general principles pertinent to
scheduling flight crewmembers. The memoranda include but are not
limited to the following:
1. Crew Factors in Flight Operations II: Psychophysiological
Responses to Shorthaul Air Transport Operations. (NASA Technical
Memorandum 108856, November 1994)
2. Crew Factors in Flight Operations: Factors Influencing Sleep
Timing and Subjective Sleep Quality in Commercial Long-Haul Operations.
(NASA Technical Memorandum 103852, December 1991)
3. Principles and Guidelines for Duty and Rest Scheduling in
Commercial Aviation. (NASA Technical Memorandum, 1995)
Copies of these memoranda have been placed in the public docket for
this rulemaking.
These memoranda state that sleep, awake time off, and recovery are
primary considerations for maintaining alertness and performance
levels. Adequate sleep is essential to maintain alertness and
performance, a positive mood, and overall health and well-being. Each
individual has a basic sleep requirement. The average sleep requirement
is for 8 hours in a 24-hour period. Losing as little as 2 hours of
sleep in a 24-hour time period can result in acute sleep loss, which
will promote fatigue and degrade subsequent performance and alertness.
Over days, sleep loss will accrue into a cumulative sleep debt which
can only be reversed by sleep. An individual who has obtained required
sleep performs better even after long hours awake or during altered
work schedules. An individual who is fatigued typically shows a decline
in performance by requiring more time to complete a given task. Two
nights of an individual's usual sleep requirement will typically
stabilize the sleep pattern and restore acceptable levels of waking
alertness and performance. More frequent recovery periods reduce
cumulative fatigue more effectively than less frequent ones. For
example, weekly recovery periods afford a higher likelihood of
relieving acute fatigue than monthly recovery periods. Consequently,
regulations that ensure minimum days off per week are critical for
minimizing the effects of cumulative fatigue over longer periods of
time.
The NASA findings and recommendations have been summarized in a
1995 NASA Technical Memorandum titled ``Principles and Guidelines for
Duty and Rest Scheduling in Commercial Aviation.''
[[Page 65954]]
This is the first document that NASA intends to publish. This first
document is intended to be concise, focused on operational
considerations and to provide specific scientific input to this complex
issue. The second document will provide the specific scientific
references that support the principles and guidelines outlined in the
first document. The second document will be longer and will focus on
the scientific considerations related to these issues. NASA has assured
the FAA that the Technical Reports presently in the docket contain the
data on which the results and conclusions in both the first and second
document are based. While not every NASA finding or recommendation is
specifically reflected in this proposal, the overall thrust of this
proposal is consistent with those findings and recommendations.
Specific findings of the 1995 NASA memorandum are discussed and where
relevant referenced by paragraph number in the discussion of specific
proposals in this document.
National Transportation Safety Board Recommendations (NTSB)
Issues of fatigue in transportation have been of special concern to
the NTSB in all modes of transportation. In 1989, the NTSB made three
recommendations to the Department of Transportation (DOT) to encourage
an aggressive Federal program to address the problems of fatigue and
sleep issues in transportation safety:
Expedite a coordinated research program on the effects of fatigue,
sleepiness, sleep disorders, and circadian factors on transportation
system safety. (I-89-1)
Develop and disseminate educational material for transportation
industry personnel and management regarding shift work; scheduled work
and rest; and proper regimens of health, diet, and rest. (I-89-2)
Review and upgrade regulations governing hours of service for all
modes to ensure that they are consistent and that they incorporate the
results of the latest research on fatigue and sleep issues. (I-89-3)
Further NTSB recommendations were issued as a result of the August
18, 1993, Douglas DC-8-61 freighter crash at the Leeward Point Airfield
at the U.S. Naval Air Station, Guantanamo Bay, Cuba after the captain
lost control of the airplane on approach. The airplane was destroyed by
impact forces and a post accident fire, and the three flight
crewmembers sustained serious injuries. NTSB determined that among the
probable causes of this accident were impaired judgment, impaired
decision-making, and impaired flying abilities of the captain and
flightcrew due to the effects of fatigue.
In the letter accompanying the NTSB Safety Recommendations issued
as a result of the accident, the NTSB cited the fact that FAA's flight
and duty rules applicable to part 121 and 135 certificate holders, as
interpreted, allow flight crewmembers to conduct flights under part 91,
e.g., ferry flights for their certificate holders following the
completion of flights conducted under part 121 or 135, without having
to count these flight hours or duty time toward the part 121 or 135
flight time duty time limitations and rest requirements. The NTSB
concluded that ``the accident trip was under the provisions of a
combination of separate regulations that allowed extended flight and
duty times to be scheduled, contrary to safe operating practices.'' The
NTSB went on to note that the United States and France are the only
countries in the world that base their aviation hours of service
regulations on flight time, while most other countries base them on
duty time or a combination of duty and flight time.
As a result of the Guantanamo Bay accident, the NTSB issued the
following Safety Recommendations that relate to flight and duty time
limits:
(1) Revise part 121 to require that flight time accumulated in
noncommercial ``tail end'' ferry flights conducted under part 91, as a
result of 14 CFR, part 121, revenue flights, be included in the flight
crewmember's total flight and duty time accrued during those revenue
operations. (A-94-105)
(2) Expedite the review and upgrade of flight/duty time limitations
of the Federal Aviation Regulations to ensure that they incorporate the
results of the latest research on fatigue and sleep issues. (A-94-106)
The NTSB also reiterated an earlier recommendation that the FAA
require U.S. air carriers operating under 14 CFR part 121, to include,
as part of pilot training, a program to educate pilots about the
detrimental effects of fatigue, and strategies for avoiding fatigue and
countering its effects. (A-94-5)
Aviation Safety Reporting System
The FAA has recently examined incident reports submitted by pilots
to NASA's Aviation Safety Reporting System. Since January 1, 1986, NASA
has received several reports of situations resulting from fatigue from
pilots engaged in part 121 operations and 200 reports from pilots
conducting part 135 operations. Although these incidents did not
actually result in accidents, they were of a sufficiently serious
nature that pilots took the trouble to file a report with NASA with the
hope of gaining the attention of the regulatory authorities.
Petitions for Rulemaking
The FAA has received several petitions for rulemaking on flight,
duty, and rest requirements:
On June 1, 1989, the Air Transport Association of America (ATA)
petitioned the FAA to amend part 121, Subpart R of the FAR (which
contains the flight time limitations for flag operations). This
petition primarily addressed the need for rulemaking to address the
industry wide technological airplane changes that have taken place
since these rules were promulgated, such as airplanes that require only
two pilots on long distance flights and significant improvements in
cockpit automation and noise reduction. Specifically, the petition
requested that two-pilot flight crews be allowed to fly 12 hours
between required rest periods.
On June 22, 1990, the Air Line Pilots Association (ALPA) petitioned
the FAA to amend Secs. 121.471 and 135.265 to delete the reduced rest
provisions and to increase the required minimum rest for flight
crewmembers who are scheduled to fly fewer than 8 hours in a 24-hour
period to 10 hours with at least 8 hours in a rest facility; propose
longer rest for flight crewmembers who are scheduled to fly more than 8
hours or who make more than eight landings in a 24-hour period; limit
duty period time to 14 consecutive hours in a 24-hour period; mandate 1
calendar day free of duty every 7 days, even when flight crewmembers
are assigned reserve and/or training duties; and restrict air carriers
from interrupting a flight crewmember's rest by communicating with him
or her during a required rest period.
On September 12, 1990, the Regional Airline Pilot Association
(RAPA) petitioned to amend Sec. 135.265 of the FAR to delete the
reduced rest provisions for flight crewmembers who are scheduled to fly
in pressurized aircraft during a 24-hour period and increase the
minimum rest period to 10 hours with at least 9 hours in a rest
facility. For those crewmembers scheduled to fly in unpressurized
aircraft, and those who make more than seven landings in a 24-hour
period, RAPA petitioned to require a 12-hour rest with at least 10
hours in a rest facility. RAPA petitioned also for an amendment to
Sec. 135.265(a) of the FAR which would reduce the total flight time
allowed per year to 1,000 hours and per month to 100 hours.
[[Page 65955]]
On November 25, 1991, Mr. Thomas T. Gasta, a captain on turbo-jet
aircraft, petitioned the FAA to amend the definitions in part 1 of the
FAR to include a definition of rest that would ensure that a rest
period is free from restraint and free from responsibility for work.
Mr. Gasta's particular concern is to ensure that reserve time is not
considered rest.
The FAA has considered each of these petitions for rulemaking in
preparing this NPRM.
Commuter Rulemaking
The FAA has issued a proposed rulemaking that would affect commuter
operations, in general, including applicable flight time limitations
and rest requirements (Notice 95-5, 60 FR 16230; March 29, 1995).
The effect of Notice 95-5, if adopted, would be to apply the part
121 domestic flight time limitations and rest requirements to certain
commuter operations within the United States and the part 121 flag
flight time limitations and rest requirements to certain commuter
operations to or from the United States. Thus, that proposal would
eliminate the present differences between part 121 and part 135 flight
time limitations and rest requirements for affected commuter
operations. For all of the reasons discussed in this preamble, the FAA
has decided to propose one set of duty period limitations, flight time
limitations, and rest requirements for flight crewmembers engaged in
air transportation (domestic, flag, supplemental, commuter and on-
demand operations). Since, if adopted, this proposal would eliminate
all of the present differences between parts 121 and 135 in this
subject area, it overrides the related proposal and discussion in
Notice 95-5. Nonetheless, in any final rule action based on this
proposal, the FAA will consider, where relevant, any comments relating
to flight time limitations and rest requirements submitted in response
to Notice 95-5.
If the commuter rulemaking is issued as a final rule, the
compliance date for the flight time limitations and rest requirements
of that rule will be coordinated with the effective date of any final
rule that may be issued as a result of this NPRM, so that certificate
holders conducting commuter operations will have to change their
procedures for scheduling duty periods, flight time, and rest only
once.
The Proposal
General
This proposal is a preventive measure designed to address the
potential safety problems associated with fatigue-based performance
decrements. This proposal is not a response to specific accidents, but
rather to extensive data which shows a relationship between fatigue and
a decrement in performance. This proposed measure would place
limitations on flight crewmember hours of service by requiring certain
scheduling limitations and minimum rest periods.
The proposed rule would simplify existing flight crewmember flight
time limitations and rest requirements by replacing existing Subparts
Q, R, and S of part 121 with a new Subpart Q and revising most of
subpart F of part 135. Subpart Q of part 121 would not differentiate
between domestic, flag, and supplemental operations as current
regulations do, and subpart F of part 135 would not differentiate
between commuter and on-demand operations.
As stated previously, the proposed regulatory limitations for parts
121 and 135 are based in part on knowledge of effects of fatigue as
reflected in the scientific studies done by NASA. These proposed
amendments would be compatible with air carrier operations and would
provide reasonable, basic limitations that are conducive to safety.
The FAA considered a number of options prior to proposing those
outlined in this notice. The proposal in this notice takes a combined
approach based on duty period limitations, flight time scheduling
limitations, daily and weekly rest requirements, and requirements for
augmented flight crews. Since the studies concerning fatigue in flight
operations could not determine any fatigue based rationale for
differentiating between types of operations, a single proposed set of
scheduling limitations was selected for all types of operations. The
proposal is designed to provide science based parameters for duty
limitations and rest requirements and, at the same time, be
understandable to everyone involved in flight operations. The proposal
would establish a basic scheduling limitation for two pilot flight
crews of 14 hours of scheduled duty, 10 hours of scheduled flight time,
and 10 hours of scheduled rest. Certificate holders would have
additional flexibility under the proposal to increase the length of
scheduled duty periods, but only under certain conditions. The proposed
scheduled maximum 14 hour duty period, 10 hours of scheduled flight
time, and 10 hour rest period are consistent with the NASA ``Principles
and Guidelines'' (Specific Principles, Guidelines, and Recommendations
2.2.3 and 2.1.2, hereafter referred to as ``Recommendations'') for 2-
pilot crews.
Although not a proposal in this notice, the FAA also requests that
commenters provide scientific data concerning the amount of flight time
that two pilot flightcrews should be allowed to fly in a 14-hour duty
period, particularly on long range international flights that infringe
on the flight crewmember's window of circadian low (2 a.m. to 6 a.m. at
the crewmember's home base time).
Applicability
Proposed Secs. 121.471 and 135.261 state the applicability of these
amendments. Subpart Q in part 121 would provide duty period
limitations, flight time limitations, and rest requirements for flight
crewmembers in domestic, flag, and supplemental operations. Subpart F
in part 135 would provide duty period limitations, flight time
limitations, and rest requirements for commuter and on-demand
operations.
The proposed duty period limitations, flight time limitations, and
rest requirements would also be applicable to duty periods and flight
time performed for a certificate holder conducting part 91 operations,
as specified in proposed Secs. 121.1, 121.487, 135.1, and 135.275.
Terms and Definitions
Proposed Secs. 121.471 and 135.261 contain a list of terms and
definitions applicable to the proposed amendments.
The proposal defines ``approved sleeping quarters'' to mean an area
designated for the purpose of flight crewmembers obtaining sleep as
approved by the Administrator. See Advisory Circular 121-31,
``Flightcrew Sleeping Quarters and Rest Facilities'' for guidance on
methods obtaining FAA approval for aircraft used in part 121 and 135
operations. Sleeping quarters that are already in use that have been
determined to be adequate by the Administrator, such as bunks or other
horizontal surfaces, will not need to be reapproved because of this
proposed rule. The FAA recognizes that there is a difference between
the term ``adequate'' sleeping quarters and ``approved'' sleeping
quarters. Approved sleeping quarters could include additional
possibilities that were not part of ``adequate sleeping quarters'' as
previously interpreted. For example, formerly passenger seats were
never considered adequate for use as sleeping quarters. Recently,
however, a
[[Page 65956]]
new type of passenger seat has been developed that meets the guidelines
in AC 121-31 and therefore could be approved for use as sleeping
quarters by certificate holders operating under part 121 or part 135.
The proposed rule defines four kinds of time: assigned time, duty
involving flight time (referred to as ``duty period''), reserve time,
and rest (referred to as ``rest period''). Definitions of each of these
times, as well as other terms, as proposed in Secs. 121.471 and135.261,
are discussed below.
``Assigned time'' is time when the flight crewmember is assigned by
the certificate holder to activities other than flight duties. Assigned
time may include activities such as deadhead transportation, training,
loading baggage, taking tickets, administrative tasks and any other
assignments, excluding reserve time and required rest periods. Assigned
time may be performed as part of a duty period, in which case the
proposed duty period limitations and rest requirements in
Secs. 121.473, 121.475, and 135.263 would apply. Rest requirements
associated with assigned time that is not part of a duty period are
found in proposed Secs. 121.483(f) and 135.271(f).
The proposed rule defines ``duty period'' as the period of elapsed
time between reporting for an assignment involving flight time and
release from that assignment by the certificate holder. The time is
calculated using either Coordinated Universal Time or the local time of
the flight crewmember's home base.
The proposed rule defines two types of reserve: ``Reserve time''
and ``standby duty.'' ``Reserve time'' is defined as a period of time
when a flight crewmember must be available to report upon notice for a
duty period. The certificate holder must allow the flight crewmember a
minimum of 1 hour or more to report. Reserve time is not considered
part of a rest period and is not considered a duty period. Reserve time
does not include activities defined as assigned time. Reserve time ends
when the crewmember reports for a duty period, when the crewmember is
notified of a future flight assignment and released from all further
responsibilities until report time for that assignment, or when the
flight crewmember has been relieved for a rest period.
``Standby duty'' in the proposed rule must be treated just like any
other duty period associated with flight. Standby reserve duty is any
period of time when a flight crewmember is required to report for a
flight assignment in less than 1 hour from the time of notification. It
also includes time when a flight crewmember is required to report to
and remain at a specific facility (e.g., airport, crew lounge)
designated by a certificate holder.
The proposed rule defines ``rest period'' as the time period free
of all restraint or duty for a certificate holder and free of all
responsibility for work or duty should the occasion arise. Rest periods
are considered personal time. Rest periods are provided to give the
flight crewmember a predetermined opportunity for rest.
For example, if a flight crewmember is scheduled for a duty period
which ends on 1200 on Tuesday and requires 14 hours of rest and the
flight crewmember is not scheduled for another duty period until 1200
on Thursday, then the 48 hours between duty periods is considered a
rest period. The flight crewmember's minimum rest period requirements
would be satisfied after 14 hours from the time the duty period ended.
The air carrier may reschedule the flight crewmember, but must ensure
the minimum rest period requirements are satisfied. It should be noted
that the crewmember cannot be required by the air carrier to contact
the air carrier, answer the phone, carry a beeper, remain at a specific
location or in any other way be responsible to the air carrier during a
scheduled rest period. This does not prohibit the flight crewmember
from contacting the air carrier at his or her own discretion.
For clarification purposes, the proposal also defines a ``calendar
day'' as the period of elapsed time, using Coordinated Universal Time
or local time, that begins at midnight and ends 24 hours later at the
next midnight. The definition is needed because certificate holders
have been confused about the application of the term. ``Calendar day''
is defined in the proposed rule in a manner consistent with past
interpretations of the rule.
Also, for clarification purposes, the proposal defines
``operational delays'' as delays that are beyond the control of the
certificate holder such as those that would be caused by weather,
aircraft equipment malfunctions, and air traffic control delays. It
would not include late arriving passengers, late food service, late
fuel trucks, or delays in loading baggage, freight, or mail, or similar
events.
Flight Crewmember Duty, Flight, and Rest
Proposed Secs. 121.473, 121.475, and 135.263 would establish
maximum scheduled duty periods and a maximum scheduled amount of flight
time for flight crewmembers within the maximum scheduled duty period.
In addition, the proposal would establish minimum rest requirements for
flight crewmembers, including requirements that apply when flight crews
are augmented and when on board rest facilities are provided.
Current rules are primarily based on flight time. In addition, in
some cases the current rules are based on actual rather than scheduled
flight time. The major basis for the proposed rule is scheduled duty.
The reason for going to a scheduled duty rule is that it is more
consistent with current studies relating to fatigue.
For the purposes of assignments involving flight time, the duty
period includes the total elapsed time between when the flight
crewmember reports for a flight assignment, as required by the air
carrier, and when the flight crewmember is relieved from duty by the
air carrier. A typical duty period for a flight crewmember would
consist of pre-flight duties and post-flight duties assigned by the air
carrier. Pre-flight safety duties include aircraft emergency equipment
checks, flight planning/dispatch related duties, and complying with the
certificate holder's approved operations manual.
At least one industry study and information obtained from
crewmembers indicates that air carriers vary in how early they require
flight crewmembers to check in to begin their duty periods and pre-
flight duties. This check-in or report time varies depending on the
type of equipment flown and the flight destination. Carriers typically
require flight crewmembers to arrive 30 minutes to 1 hour before
scheduled departure. For international flights some carriers require
flight crewmembers to report for duty up to 2 hours before departure.
Post-flight safety duties include the post-landing duties, safe
deplaning of passengers, duties related to securing the aircraft, and
administrative responsibilities such as reporting inoperative equipment
to maintenance personnel. Typically, flight crewmembers are required to
remain on duty after the aircraft arrives at the gate to accomplish
these post-flight duties before they are relieved from duty.
A duty period may also include activities defined as ``assigned
time,'' as discussed under ``Terms and Definitions,'' above.
Thus, a flight crewmember's duty period is not solely a function of
whether the aircraft is airborne. Flight crewmembers perform important
safety duties during boarding and deplaning. This proposal, therefore,
is based on duty periods that include flight time
[[Page 65957]]
rather than solely on flight time. The FAA expects certificate holders
to establish realistic report and release times to allow flight
crewmembers sufficient time to complete these essential pre-flight and
post-flight safety activities.
Proposed Secs. 121.473 and 135.263 would provide for different duty
period limits based on the number of pilots assigned. Each duty period
would have a scheduled flight time limit and would be followed by a
required rest period. NASA (Recommendation 2.3.6) recognizes that the
use of additional flight crewmembers justifies longer duty periods if
the flight crewmembers are provided on-duty sleep opportunities.
To allow flexibility a scheduled duty period could be extended two
hours if the extension is needed because of operational delays. Rest
periods may be reduced by up to one hour only if the reduction is
needed because of operational delays and then only if the pilot has not
exceeded the pilot's scheduled maximum duty-period limitations. If a
rest period is reduced, the next rest period would have to be extended.
Table 1 provides a summary of the proposed limitations on duty
periods and flight time and the proposed rest requirements for pilots.
For one- and two-pilot crews. In proposed Sec. 135.263(b), the
basic duty period scheduling limitation for a one-pilot crew would be
14 hours, including no more than 8 scheduled hours of flight time. In
proposed Secs. 121.473(b) and 135.263(c), the basic duty period
limitations for a two-pilot crew would be 14 hours, including no more
than 10 scheduled hours of flight time. The minimum rest period for
one- and two-pilot crews would be 10 hours. The proposed 10-hour limit
on scheduled flight time and the proposed 10-hour minimum rest are
consistent with NASA Recommendations 2.3.3 and 2.1.1, respectively.
These proposed duty periods for one- and two-pilot crews could be
extended to 16 hours due to operational delays. The rest periods may be
reduced to 9 hours if the actual duty period is not more than 14 hours
and if the reduction is needed due to operational delays. If the rest
period is reduced the next rest period would have to be a minimum of 11
hours. A duty period extended due to operational delays may involve
longer than scheduled flight time.
Table 1.--Pilot Duty Period, Flight Time and Rest Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rest hours
Minimum following Extended duty period
No. of pilots Duty period hours Flight time hours rest Reduced rest hours reduced rest hours \2\
hours \1\ (compensatory)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 (part 135)...................... No more than 14...... No more than 8....... 10 9, May only be 11 Up to 16 only if due
reduced if duty to operational
period has not delays
exceeded 14.
2................................. No more than 14...... No more than 10...... 10 9, May only be 11 Up to 16 only if due
reduced if duty to operational
period has not delays
exceeded 14.
3................................. No more than 16...... No more than 12...... 14 12, May only be 16 Up to 18 only if due
reduced if duty to operational
period has not delays
exceeded 16.
3 Each pilot must have sleep More than 16, but no No more than 16...... 18 16, May only be 20 Up to 20 only if due
opportunity and approved sleeping more than 18. reduced if duty to operational
quarters must be available. period has not delays
exceeded 18.
4 Each pilot must have sleep More than 18 but no No more than 18...... 22 20, May only be 24 Up to 26 only if due
opportunity ad approved sleeping more than 24. reduced if duty to operational
quarters must be available \3\. period has not delays
exceeded 24.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rest periods may be reduced only when the actual duty period does not exceed the maximum scheduled duty period for that crew composition and if the
pilot is provided a compensatory rest period. This compensatory rest period must be scheduled to begin no later than 24 hours after the beginning of
the reduced rest period.
\2\ The flights to which the pilot is assigned must at block out time be expected to reach their destination within the extended duty period.
\3\ Applies only to duty periods with one or more flights that land or take off outside the 48 contiguous states and DC.
Longer Duty Period for a 3-Pilot Crew. Under proposed
Secs. 121.473(c) and 135.263(d), the certificate holder may schedule up
to a 16-hour duty period with up to 12 hours of flight time if 3 pilots
are assigned to the flight. The required rest would be 14 hours. This
duty period could be extended to 18 hours due to operational delays.
The required rest could be reduced to 12 hours if the actual duty
period is not more than 16 hours. If the rest is reduced the next rest
would have to be 16 hours.
Longer duty period for three-pilot flightcrews with approved
sleeping quarters. Under proposed Secs. 121.473(d) and 135.263(e), if
three pilots are assigned and if approved sleeping quarters are
provided, the scheduled duty period can be up to 18 hours with a
scheduled flight time limit of 16 hours. The required rest would be 18
scheduled hours. Each pilot must be given an opportunity to rest in
approved sleeping quarters. The duty period could be extended to 20
hours due to operational delays. The rest could be reduced to 16 hours
if the actual duty period is not more than 18 hours. If the rest is
reduced, the next rest would have to be 20 hours.
Longer duty period if outside the U.S., four pilots, and approved
sleeping quarters. Under proposed Secs. 121.473(e) and 135.263(f), if
the duty period involves one or more flights outside the 48 contiguous
states, if four pilots are assigned, and if approved sleeping quarters
are provided, the scheduled duty period can be up to 24 hours with 18
hours of scheduled flight time. Each
[[Page 65958]]
pilot must be given an opportunity to rest in flight in approved
sleeping quarters. The required scheduled rest following the duty
period would be 22 hours. The duty period could be extended to 26 hours
due to operational delays. The rest could be reduced to 20 hours if the
duty period is not greater than 24 hours. If the rest is reduced, the
next rest would have to be 24 hours.
Reporting for a duty period. The effect of the proposal is that if
a flight crewmember reports for duty, including standby duty, as
required and finds that the flight assignment was incorrectly scheduled
or that the flight is delayed or canceled, a duty period nevertheless
would have begun. For example, a flight crewmember may report for duty
as scheduled, only to find that the assigned report time is incorrect
and that duty actually begins 2 hours later. The carrier could either
keep the flight crewmember on duty or release the flight crewmember for
a complete rest period under the applicable section of this proposed
rule. While the rule language does not spell out in detail this kind of
example, or application, this is how the concept of duty period would
work.
Extension of duty periods. The intent of this proposed rule is to
ensure that flight crewmembers are provided adequate opportunity to
rest through properly scheduled duty periods, flight times, and rest.
Regular delays on certain routes or deviations from certain schedules
would indicate that the schedules need to be adjusted to comply with
the proposed limitations. The proposal acknowledges that certain
delays, such as adverse weather, cannot be anticipated. A flight
crewmember would not be considered to be scheduled for flight time or a
duty period in excess of flight time or duty period limitations if the
flights to which he is assigned are scheduled and normally terminate
within the limitations, but due to operational delays (such as adverse
weather conditions, equipment malfunctions, and air traffic control)
are not at block out time expected to reach their destination within
the scheduled time. Operational delays do not include late arriving
passengers, late food service, late fuel trucks, delays in handling
baggage, freight, or mail, or similar events. (See proposed
Secs. 121.473, 121.475, 121.479, 135.263, 135.267.)
The FAA is proposing limiting the extension of any scheduled duty
period due to operational delays to no more than 2 hours. If at any
time during a duty period it is determined that, due to operational
delays, a scheduled flight will not terminate within the scheduled
termination of that duty period plus 2 hours, then the flight
crewmembers must be relieved of duty before initiating that flight
segment. They may be scheduled for another flight as long as that
flight is scheduled to terminate within the original scheduled duty
period limitations plus two hours. The FAA believes that 2 hours
provides flexibility in the event of operational delays and also limits
the possibility of flight crewmembers being on a continuous duty period
even when the duty period is extended due to circumstances beyond the
control of the certificate holder. The limit on flight time hours is
discussed elsewhere in this preamble.
Certificate holders would be expected to recognize when certain
schedules need adjustment due to regularly experienced or seasonal
delays.
Augmented Flight Crews
The longer scheduled duty periods that would be allowed under
proposed Sec. 121.473 (c), (d), and (e) and Sec. 135.263 (c), (d), and
(e) are contingent upon the assignment of additional pilots in order to
maintain safety by distributing the workload and permitting more rest.
This will ensure that pilots are alert and can contribute to safe
operations. It is important to note that if a pilot is scheduled for a
duty period longer than 14 hours, the appropriate number of additional
pilots would have to be present on every flight segment within that
duty period. In practical terms, the FAA expects that this would occur
on larger aircraft and, generally, long-haul operations with relatively
few flight segments. This result would be consistent with the intent of
the proposal and consistent with current industry practice.
It should be noted, however, that if a flight crew with additional,
non-required pilots is assigned a duty period of 14 hours or less, the
certificate holder may follow Sec. 121.473(b) or Sec. 135.263(b),
(i.e., provide a rest period of 10 hours).
Proposed Secs. 121.473 (d) and (e) would require opportunities for
flightcrew members to rest and availability of approved sleeping
quarters for duty periods of more than 16 hours. The provision for
additional flight crewmembers and for on board sleeping quarters takes
into account the extended time flight crewmembers may be on duty to
complete long range flight segments. Existing rules, (Secs. 121.483,
121.485, 121.507, 121.509, 121.521, 121.523) require augmented
flightcrews for longer duty periods.
Existing rules in some cases, under present Sec. 121.523(c), allow
a scheduled duty period of 30 hours; however, the FAA believes that 24
hours should be the limit of any scheduled duty period.
This proposal does not provide for substituting flight engineers
for pilots. Rather the augmentation of pilots must take place
regardless of the number of flight engineers assigned.
Reduction of the rest period. In order to provide additional
flexibility, the FAA is proposing to allow the reduction of rest due to
operational delays. The rest period may be reduced only if the maximum
scheduled duty period limitation has not been exceeded or extended.
Table 1 provides information on reduced rest periods followed by
compensatory rest periods.
Flight Engineers
Proposed Sec. 121.475 would provide similar requirements for flight
engineers. Table 2 provides a summary of the proposed limitations on
duty periods and flight time and the proposed rest requirements for
pilots and flight engineers. Present part 121 rules for domestic
operations do not contain separate flight time limitation requirements
for flight engineers. The flag and supplemental operations rules
(Secs. 121.493 and 121.511) deal with flight engineers by referencing
other sections within the applicable subpart. To avoid any possible
confusion as to which flight time limitation rules apply to flight
engineers, the FAA proposes in Sec. 121.475 to address flight engineers
separately.
[[Page 65959]]
Table 2.--Flight Engineer Duty Period, Flight Time and Rest Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rest hours
Minimum Reduced rest hours following Extended duty period
No. of flight engineers Duty period hours Flight time hours rest hours (\1\) reduced rest hours \2\
(compensatory)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................. No more than 14...... No more than 10..... 10 9, May only be 11 Up to 16 only if due
reduced if duty to operational
period has not delays
exceeded 14.
1................................. No more than 16...... No more than 12..... 14 12, May only be 16 Up to 18 only if due
reduced if duty to operational
period has not delays
exceeded 16.
2 Each flight engineer must have More than 16, but no No more than 16..... 18 16, May only be 20 Up to 20 only if due
sleep opportunity and approved more than 20. reduced if duty to operational
sleeping quarters must be period has not delays
available. exceeded 18.
2 Each flight engineer must have More than 18 but no No more than 18..... 22 20, May only be 24 Up to 26 only if due
sleep opportunity and approved more than 24 \3\. reduced if duty to operational
sleeping quarters must be period has not delays
available. exceeded 24.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rest periods may be reduced only when the actual duty period does not exceed the maximum scheduled duty period for that crew composition and if the
flight engineer is provided a compensatory rest period. This compensatory rest period must be scheduled to begin no later than 24 hours after the
beginning of the reduced rest period.
\2\ The flights to which the flight engineer is assigned must at block out time be expected to reach their destination within the extended duty period.
\3\ Applies only to duty periods with one or more flights that land or take off outside the 48 contiguous States and DC.
Reserve and Standby Assignments
Current regulations do not specifically cover the issue of reserve
time and standby duty. Within the air transportation industry two types
of generic reserve assignments have developed. One type, usually
referred to as ``standby reserve,'' is essentially the same as a duty
period, and as discussed below would be treated as duty for duty period
limitation and rest requirement purposes. The other type, here called
``reserve time'' is not considered part of a rest period and is not
considered part of a duty period and therefore would be dealt with
separately under this proposal. Proposed Secs. 121.477 and 135.265
provide reserve assignment requirements.
Under the proposal a standby duty period must be scheduled in
accordance with proposed Secs. 121.473, 121.475, or 135.263. A standby
duty ends when the duty period associated with a subsequent flight
assignment ends or the flight crewmember is relieved from standby duty
for a scheduled rest period.
Standby duty periods are assigned because the air carrier believes
that some time within that period the flight crewmember will be needed
for a flight assignment and must report for flight assignment within
less than 1 hour of being notified. Standby duty also includes time
when a flight crewmember is required to report to and remain at a
specific facility (e.g., airport, crew lounge) designated by a
certificate holder. Usually flight crewmembers are assigned to standby
duty at the airport. In addition, since the industry has indicated that
they treat standby as duty, this proposed definition should not impose
any additional burdens on certificate holders. It is because of the
momentary anticipation of a flight assignment, which prevents a pilot
from planning for adequate rest, that standby assignments are treated
as duty periods.
The proposed standby duty period would be treated as a duty period
that is associated with flight, regardless of whether the flight
crewmember is ever assigned to flight time during that standby duty
period or not. Standby duty periods would be scheduled in accordance
with proposed duty period limitations, flight time limitations, and
rest requirements. A standby duty period commences when the flight
crewmember is placed on standby duty and ends when the flight
crewmember is relieved of duty, whether that duty is standby or flight.
Following standby duty, the flight crewmember must be scheduled for and
must receive the same amount of rest as he or she would receive if he
or she accumulated flight time, even if there is no actual flight time.
Reserve time is a period of time when a flight crewmember is not on
duty but nonetheless must be available to report upon notice for a duty
period. During reserve time a flight crewmember typically goes about
his or her off duty routine, obtaining rest as needed during each 24
hour period. Reserve time is not considered part of a rest period, is
not considered part of a duty period, and is not considered assigned
time. Reserve time ends when the crewmember is released, the crewmember
is notified of a future duty period assignment and released from all
further responsibility until the report time for that assignment, or
the crewmember reports for a duty period. The certificate holder must
allow the flight crewmember a minimum of 1 hour to report.
Often flight crewmembers are on reserve for days at a time and are
given 10 or more hours notification prior to a duty period assignment.
However, there are times when a flight crewmember is given fewer than
10 hours notification and may not be completely rested. Some flight
crewmembers arise early in the morning and may have been awake for many
hours at the time they receive notification of an evening flight. These
flight crewmembers may not have an opportunity for a complete rest
period before the flight assignment. The same may be true of a flight
crewmember who does not awaken until the middle of the afternoon and
receives fewer than 10 hours notification of a duty period which starts
after midnight.
Since it is difficult to predict when an individual flight
crewmember sleeps and when he or she awakens, no attempt has been made
in the proposal to correlate the amount of notice a flight crewmember
should receive with the time of day. Rather, the emphasis is placed on
the flight crewmember's receiving enough notice to provide an
[[Page 65960]]
opportunity for rest before the duty period assignment. If a flight
crewmember receives at least 10 hours notice there would be enough time
for the flight crewmember to be fully rested before reporting for a
duty period of 14 hours. However, under proposed Secs. 121.477(b) and
135.265(b), when flight crewmembers receive fewer than 10 hours notice
for a duty period assignment, there is a reduction in the length of
that duty period. While it could be possible for a flight crewmember to
receive 10 hours rest before being placed on reserve and then given 10
hours of notification in order to serve a 14-hour duty period, the FAA
believes that efficient crew scheduling will minimize the possibility
of this happening. Table 3 shows for each proposed amount of
notification time the proposed corresponding duty period limitation.
Proposed Secs. 121.477(b)(2) and 135.265(b)(2) would provide
another option under which a flight crewmember could be given a minimum
6-hour period of protected time for each 24 hours of reserve time.
During this 6-hour period of protected time the certificate holder
would not be able to contact the flight crewmember or assign the flight
crewmember to any duty. The 6-hour period must be assigned before the
flight crewmember begins the reserve time assignment and must occur at
the same time during each 24-hour period during a reserve time
assignment. Any duty period assignment must be scheduled to be
completed within the 18-hour reserve time, exclusive of the 6 hours of
protected time. The length of the duty period and the subsequent rest
period must be in accordance with Secs. 121.473, 121.475, or 135.263.
The FAA believes that this option would allow flexibility for the
certificate holder while giving the flight crewmember sufficient
certainty to plan for and obtain adequate rest. While the 6 hours of
protected time must be the same 6 hours for any reserve assignment, it
could be a different 6 hours for subsequent reserve assignments (e.g.,
a subsequent reserve assignment following duty or assigned time).
Under either reserve time assignment option, the flight crewmember
must be notified of which option has been selected before the beginning
of the reserve time assignment.
Although NASA recommends a predictable and protected 8-hour sleep
opportunity (2.6.2), the FAA believes that the above described options
are practical and in most instances will provide at least an 8-hour
rest opportunity. Either the flight crewmember is provided an
opportunity for a full 10-hour rest period or, in the case of a short
notice, the flight crewmember's duty period is limited, or the flight
crewmember is able to plan each day with the certain knowledge there
will be a minimum 6-hour period for undisturbed rest. Thus, these
options would protect against excess fatigue without eliminating the
objective of the reserve system and without placing a significant
economic burden on the industry.
There have been a number of complaints stating that in some cases
pilots were unable to obtain enough rest because they were given a
reserve assignment immediately following a duty period and then were
called for duty before they had received an adequate rest. While under
these proposed rules such a practice would be a violation because of
the requirement for a minimum rest period between duty periods, the FAA
has included in proposed Secs. 121.477(b) and 135.265(b) a requirement
that a flight crewmember must be given a 10-hour rest period before
beginning a reserve time assignment. Sections 121.483(c) and 135.271(c)
state that required rest periods can occur concurrently so this
proposed requirement may not require an additional rest period.
The FAA believes that both of these methods of handling reserve
time assignments would provide more flexibility, would be less costly
for certificate holders, and would be more likely to ensure adequate
rest than the current rules. Under the lookback provision in the
current rules, for instance, a flight crewmember on reserve could not
take a flight assignment unless he or she had a scheduled rest period
in the previous 24 hours. There have been situations in which
certificate holders have professed experiencing difficulties in
implementing rest requirements for flight crewmembers on reserve.
Recognizing this, the FAA has developed this proposal. However, if this
proposal on reserve time assignments is not issued as a final rule, the
FAA intends to ensure that the current rule, as interpreted, is being
correctly implemented.
Other Proposals on Reserve Time Presented During ARAC Discussions
Southwest Airlines proposed a system under which the total of
reserve time and ``time engaged in scheduled air transportation'' could
not exceed 18 hours (16 hours if this period included any time during
the hours between 0300 and 0459). In addition, Southwest proposed that
reserve time between 0001 and 1000 not be included if the air carrier
did not contact the crewmember during that period. One option presented
by the Air Line Pilots Association is similar to Southwest's proposal.
ALPA would not allow reserve time and duty time to exceed 16 hours. A
14-hour maximum would apply when the duty time is not contained with
the period between 0500 and 0259.
The FAA has several concerns about this approach. First, we believe
it will be difficult to understand and to apply consistently. More
importantly, although it appears to provide for some reductions in duty
time, depending on the time of day a crewmember is notified of a flight
assignment, it does not expressly provide for any dedicated rest
opportunity. Moreover, it is not clear exactly what would be
encompassed by Southwest's term ``time engaged in scheduled air
transportation.'' The FAA requests that commenters supporting this
approach provide additional details about this alternative and
operational scenarios on how it would be applied. Commenters should
provide information on how this alternative does or does not provide
the flexibility of the options proposed in this NPRM, and how this
alternative provides an equivalent level of safety to the options
proposed here.
The International Brotherhood of Teamsters proposed two
alternatives for reserve duty. The first alternative proposes that a
crewmember could be assigned a reserve period of 24 consecutive hours
if the crewmember is given 11 hours or more advance notification for a
flight assignment. The second alternative would allow a crewmember to
be assigned a reserve period of up to 12 consecutive hours if the
crewmember is given less than 11 hours of advance notification. In this
case, the total flight time and duty time could not exceed 17 hours.
The FAA believes that both of these options unnecessarily limit the
scheduling flexibility of the operator and that both would greatly
increase operators' costs while providing no increase in safety when
compared with the reserve options proposed in this NPRM.
The Air Transport Association would give the operator five
alternatives for dealing with reserve time. (1) The carrier could give
the employee at least eight consecutive hours of rest during any 24
hour period on reserve; (2) The carrier could give the crewember at
least 10 hours of advance notice of any assignment, at which point the
crewmember would be released on rest until the time to report; (3) The
carrier could not assign the crewmember on
[[Page 65961]]
reserve to flights between midnight and 5 a.m.; (4) The carrier could
assign the crewmember on reserve to no more than two flight segments;
or (5) The carrier could establish alternative policies and procedures
to ensure that a crewmember will not be assigned to a flight unless
that crewmember is ``adequately rested for that flight assignment.''
The first three ATA proposals are generally similar to this NPRM.
The NPRM contains the option of blocking out a protected period of at
least six hours during which the crewmember could not be disturbed by
the employer. This is less restrictive than ATA's proposal (1),
although it involves a slightly longer period than would be provided by
proposal (3). Like ATA's proposal (2), the NPRM would provide for
advance notice of assgnments. However, the NPRM is not limited to a
single cut-off of 10 hours' notice. Carriers would be permitted to
assign crewmembers to duty periods that vary with the amount of advance
notice, down to as little as 4 hours' notice. Since ATA's proposal
number (4) does not address rest at all, it is not included in the
NPRM. Proposal number (5) sets no minimum standards for rest, and it,
too, is therefore not part of this NPRM.
The Air Line Pilots Association, in addition to the alternative
described above, offered a proposal somewhat similar to that of ATA.
ALPA's proposal appears intended to provide more stability for pilot
rest periods; it would not permit carriers to move the eight hour rest
period more than three hours in any 24-hour period. Similarly, ALPA
proposed a six-hour protected period, comparable to the five-hour
period proposed by ATA. Our comments on ATA's proposal apply to ALPA's
as well, i.e., we believe we have accomodated much of their objectives.
Another proposal advanced during the ARAC discussions came from a
labor/pilot group consisting mainly of Part 135 pilots. This proposal
would limit any combination of reserve time and duty periods to no more
than 18 hours or any duty assignment to no more than 14 hours. After
being on reserve for 18 hours, a crewmember would have to receive a 10-
hour rest period before accepting another reserve assignment. This
proposal is not included in the NPRM because it unnecessarily limits
the air carrier's reserve scheduling flexibility and provides no
increase in safety when compared with the options proposed in the NPRM.
Table 3.--Advance Notification
--------------------------------------------------------------------------------------------------------------------------------------------------------
No. of hours notification prior to 8 or more hours but 6 or more hours but 4 or more hours but
report time 10 hours or more less than 10 less than 8 less than 6 Less than 4 hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum scheduled duty period...... Maximum scheduled duty No more than 12 hours. No more than 10 hours No more than 8 hours. No more than 6 hours.
period \1\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum scheduled duty period could be 14, 16, 18, or 24 hours.
Additional Duty Period Limitations and Reduced Rest
Current Secs. 121.471(g) and 135.263(d) state that a flight
crewmember is not considered to be scheduled for flight time in excess
of the flight time limitations if the flights to which he or she is
assigned normally terminate within the limitations, but due to
circumstances beyond the control of the certificate holder (such as
adverse weather conditions) are not at block out time expected to reach
their destination within the scheduled time. These requirements do not
specify a limit to the flight time extensions under these
circumstances.
In theory, under the current rule language, duty periods could be
extended for unlimited periods of time as long as the extension was due
to operational causes beyond the control of the air carrier such as
weather, mechanical problems, and Air Traffic Control situations. This
could result in flight crewmembers who, after the first flight of a
flight schedule in a duty period, would be as much as 6 hours late, but
would still continue with the flight schedule. The NASA Scientific
Working Group determined that extended duty periods with no limit on
the amount of time which the duty period could be extended was one of
the major fatigue related problems with current flight crewmember
assignments (Recommendations 1.4, 2.1.2, and 2.3.3). Therefore, the FAA
has proposed to place a limit on the amount of time that a duty period
may be extended regardless of the nature of the delay.
Proposed Secs. 121.473, 121.475, and 135.263 would allow
certificate holders an extension of a duty period of not more than 2
hours beyond the maximum scheduled duty period if the extension is due
to operational delays not under the control of the certificate holder.
The proposed requirements would also allow the reduction of the
required rest if the flight crewmember has not exceeded the required
duty period (without the extension), if the flight crewmember is
provided with a longer subsequent rest period as specified, and if the
reduction in rest is due to operational delays. Reduced rest periods
may not be scheduled in advance.
Proposed Secs. 121.479 (a) and (b) and 135.267 (a) and (b) would
state that a flight crewmember is not considered to be scheduled for a
duty period or flight time in excess of the duty period or flight time
limitations if the duty period or flight times to which the flight
crewmember is assigned are scheduled and normally terminate within the
limitations, but due to operational delays are not at block out time
expected to reach their destination within the scheduled duty period or
flight time.
In addition, proposed Secs. 121.479(a) and 135.267(a) state that a
flight crewmember may not serve as a crewmember in an aircraft if, at
block out time for the purpose of flight, that flight crewmember's
actual elapsed duty time plus duty time scheduled for the next flight
will cause the flight crewmember to exceed the applicable duty period
limitations by more than two hours. However, there is no limit on
actual flight time accrued during a duty period, if the additional
flight time is due to operational delays, but in any event the duty
time limit may not be extended by more than 2 hours.
The proposal would allow a certificate holder the flexibility to
schedule the same crew on a flight even when that flight is going to be
late; however, it would not allow flight crewmembers to be scheduled
indefinitely even when the circumstances which caused them to be late
are beyond the control of the certificate holder. During a scheduled
flight assignment, if the combination of scheduled times for the
remaining flights would mean that the maximum scheduled duty period
would be exceeded by more than two hours, the flight crewmember would
have to be
[[Page 65962]]
rescheduled so that the remaining duty period to which he or she is
assigned will not exceed the maximum scheduled duty period by more than
two hours. This can be done by assigning a flight crewmember to a new
flight schedule or by reassigning the original scheduled flights so the
flight crewmember is relieved of duty before commencing the flight
which would extend beyond the maximum scheduled duty period plus two
hours.
Weekly and Monthly Flight Time Limitations
Proposed Secs. 121.481 and 135.269 would provide limits on the
amount of actual flight time which a flight crewmember can accrue in a
calendar month and in any 7 consecutive calendar days. These proposed
rules would replace current Secs. 121.471(a), 121.481 (d), (e), and
(f), 121.503 (d) and (e), 135.265(a) and 135.267(a). Although NASA
states that there is insufficient scientific information to provide
guidance in this area, these limits are proposed to counter any harmful
effects of any possible cumulative fatigue.
In addition to the scheduled flight time limits which are
integrated into the scheduled duty periods, weekly and monthly flight
time limits are proposed as follows:
Proposed Secs. 121.481(a) and 135.269(a) would limit a
flight crewmember to 32 flight hours in any 7 consecutive calendar
days.
Proposed Secs. 121.481(b) and 135.269(b) would limit a
flight crewmember to 100 flight hours in any calendar month.
In practice, this means that, before beginning to fly on any
particular day, a flight crewmember's actual accrued flight time for
the previous six days must be added to the flight time scheduled to be
flown that day. If the result is fewer than 32 hours, the flight
crewmember may begin and complete the day's scheduled flying even if
delays (which are beyond the carrier's control) encountered during the
day eventually cause the total time to exceed 32 hours. The same
principle applies for the calendar month flight time limitation.
Current regulations place varying limits on the amount of time that
a flight crewmember can serve. The variance is based on the type of
operation. Flight crewmembers given flight assignments under part 121
for domestic operations (Sec. 121.471(a)) are limited to 30 flight
hours in any 7 consecutive days. The 7 consecutive day limit for flag
operations is 32 flight hours (Sec. 121.481(d)) and there is no 7
consecutive day limit for supplemental operations. Under
Sec. 135.265(a) in scheduled operations the amount of flight time which
may be accrued in any 7 consecutive days is 34 hours and there is no 7
consecutive day limit for unscheduled operations. Sections 121.471(a)
and 121.481(e) restrict flight crewmembers serving in domestic or flag
operations conducted under part 121 to 100 hours in any calendar month
and Sec. 121.503(d) restricts flight crewmembers serving in
supplemental operations to 100 flight hours in any 30 consecutive days.
Section 121.521(c) allows certain flight crewmembers to accrue 120
hours in any 30 consecutive days. Section 135.265 allows flight
crewmembers serving in part 135 scheduled operations to accumulate 120
flight hours in any calendar month.
In addition, Sec. 121.471(a) restricts flight crewmembers engaged
in domestic operations conducted under part 121 to 1000 hours in any
calendar year. Section 135.265 allows flight crewmembers serving in
part 135 scheduled operations to serve as crewmembers during flight for
1200 hours in any calendar year, while Sec. 135.267 allows 1,400 flight
hours in a calendar year for unscheduled operations. Sections 121.503,
121.521, 135.267, and 135.269 also provide other calendar quarter and
90 consecutive day limitations.
The proposed rule would establish a common 32 hour limitation in
any 7 consecutive days, a 100 hour limitation in any calendar month,
and would eliminate quarterly, 90 consecutive day and calendar year
limitations.
The proposed rule does not provide a yearly flight time limitation
because the monthly limit would effectively restrict flight time to
1200 hours in a calendar year. Although the NASA document recommends
the annual flight time limitations be decreased a percentage of the
monthly requirement, it also states that there is not enough scientific
data to provide specific guidance in this area. The FAA believes that
this proposal contains sufficient additional rest provisions (i.e. 36
hours in 7 days, 10 hour rest periods, and 48 hours for crossing
multiple time zones). Because of the increase in rest requirements, the
FAA believes that safety would not be adversely affected because of a
lack of a yearly flight time limit which is less than the sum of all
the monthly flight time limits. At the same time the lack of annual
flight time limits will provide flexibility and the opportunity for
increased productivity. In view of the fact that there is no scientific
data to suggest a discrete yearly limit and the fact that the
requirement for rest has been increased, the FAA believes the proposed
rule will provide the appropriate level of safety.
The FAA believes that there is no longer justification for the
different weekly, monthly, and annual flight time limitations for
different types of operations and that proposing a single limitation
standard provides adequate safeguard against the effects of cumulative
fatigue, eliminates rules that do not have an adequate scientific
rationale, and also simplifies the overall limitations. The FAA asks
for comments from the public about the maximum number of hours a flight
crewmember should be allowed to fly under this chapter. Further, the
FAA asks for comments regarding the impact of this rule on seasonal
flying.
Additional Rest Requirements
The proposed rule would continue some of the rest requirements
which are contained in the existing regulations. Proposed
Secs. 121.483(a) and 135.271(a) would state that no certificate holder
may assign any flight crewmember and no flight crewmember may accept
any duty period or flight time with the certificate holder unless the
flight crewmember has had at least the minimum rest period required.
Proposed Secs. 121.483(b) and 135.271(b) would state that no duty could
be assigned during any required rest period. This proposed requirement
would preclude any carrier from assigning any type of duty, including
nonflight assignments (such as training, assigned time, reserve time,
standby duty, or ground duties), to any flightcrew member during a
required rest period. These proposed requirements are the same as those
in current Sec. 121.471(c)(4) and (e) and Sec. 135.263(a) and (b).
Proposed Secs. 121.483(c) and 135.271(c) would be a new requirement
to clarify that rest periods required under the subpart can occur
concurrently with any other required rest period. For instance a
required 10-hour rest could occur concurrently with the 36-hour rest
required under proposed Secs. 121.483(e) and 135.271(e). Further, under
the proposal, if a flight crewmember is not serving in assigned time,
reserve time, standby duty or a duty period, that crewmember would be
in a rest period.
Proposed Secs. 121.483(d) and 135.271(d) would be a new requirement
stating that a rest period required in Secs. 121.473, 121.475, or
135.263 may be reduced only because of operational delays. The
reductions may not be scheduled in advance.
Current Secs. 121.471 and 135.265 require each domestic air carrier
operating under part 121 and each
[[Page 65963]]
certificate holder in scheduled operations under part 135 to relieve
each flight crewmember engaged in scheduled air transportation from all
further duty for at least 24 consecutive hours during any 7 consecutive
days. Proposed Secs. 121.483(e) and 135.271(e) would require that each
flight crewmember who is assigned to one or more duty periods, standby
duty, or reserve time shall be provided a rest period of at least 36
consecutive hours during any 7 consecutive calendar days. The proposed
36-hour rest could be taken during a layover. Thirty-six hours of rest
is the amount of time recommended by the NASA Scientific Working Group
(2.1.3); further the FAA believes that flight crewmembers should be
provided at least 36 consecutive hours rest during any 7 consecutive
calendar days any time they are assigned to reserve regardless of the
nature of the reserve. This allows flight crewmembers the time to plan
for and obtain a thorough rest so that they are not fatigued if they
receive a duty period assignment.
The Air Transport Association proposed, during the ARAC
discussions, that this provision be applied over a period of 168
consecutive hours rather than 7 consecutive calendar days. We believe
that it would be more difficult for crewmembers and carriers to
maintain records in this fashion. However, commenters are invited to
address this issue more fully in their comments. If adequate
justification is shown for using 168 hours rather than 7 calendar days,
the final rule may incorporate that proposal. Commenters should note
that any change in this provision would likely require corresponding
changes in the flight time limitations proposed in Secs. 121.481 and
135.269.
Proposed Secs. 121.483(f) and 135.271(f) would require certificate
holders to provide each flight crewmember assigned to assigned time, as
defined in proposed Secs. 121.471 and 135.261, a minimum rest period of
10 hours before the commencement of a subsequent duty period. This rest
period may occur concurrently with another required rest period. This
proposed rest requirement is needed to address situations in which a
flight crewmember is assigned to one of a group of activities that are
neither rest nor part of an assignment involving flight time, but which
could contribute to crewmember fatigue (e.g. training, deadhead
transportation, etc.). The intent of this proposed rule is for flight
crewmembers to have the opportunity to obtain sufficient rest in order
to be able to perform assigned flight duties, regardless of whether the
fatigue was caused by flight duties or by other activities for the
certificate holder. However, certificate holders have the option of
counting assigned time as part of a duty period and scheduling the
appropriate rest period for that duty period or of counting assigned
time exclusively as assigned time and ensuring that the flight
crewmember is given 10 hours of rest before commencing a duty period.
The 10 hours is consistent with the other required rest periods.
For example, a flight crewmember could be deadheaded to a new
location at the beginning of a duty period and then begin a schedule
flight assignment. In this case the deadhead transportation would be
counted as part of the duty period. Alternatively, after completing a
duty period, a flight crewmember could be deadheaded back to his or her
home base before beginning the required rest period. In this case the
deadhead transportation could be considered assigned time. Performing
assigned time after the completion of a duty period would be permitted
as long as the flight crewmember received the minimum rest required for
that duty period or 10 hours, whichever is greater, before the next
duty period.
Proposed Secs. 121.483(g) and 135.271(g) would establish a
requirement for a certificate holder to provide each flight crewmember
at least 48 consecutive hours of rest upon return to the flight
crewmember's home base after completion of one or more duty periods
that terminate in a time zone or zones that differs from the time zone
of the flight crewmember's home base by 6 or more hours and the flight
crewmember remains in that time zone or zones for at least 48
consecutive hours. The accumulation of the 48 hours may be in one or
more time zones but each of these time zones must be 6 or more hours
from the flight crewmember's home base. The flight crewmember must
receive this rest before beginning a subsequent duty period. The home
base is determined by the certificate holder and is where that
crewmember is based and receives schedules. The present rules make no
provisions for rest periods based on time zones. The NASA Scientific
Working Group data and subjective comments from crewmembers indicate
there is a need to recognize the additional fatigue effects of crossing
time zones (2.1.4). The literature indicates that some flight
crewmembers experience, at times, additional fatigue from crossing as
few as two time zones; while others do not report the same fatigue
until they have crossed many more time zones. The FAA recognizes the
complicated problem of addressing each individual flight crewmembers
circadian rhythm; nevertheless by establishing a minimum rest
requirement at the home base for flight crewmembers who cross 6 or more
time zones the FAA believes these flight crewmembers will be given an
opportunity to once again establish what is for that flight crewmember
the normal sleep awake cycle. The proposed rest requirement is a
minimum requirement and is provided to give the flight crewmember an
opportunity for rest. The flight crewmember should use this time to
obtain the needed rest so that he or she will be rested when called
upon for the next duty period. The FAA will issue advisory material
based on scientific studies to assist air carriers and flight
crewmembers in dealing with fatigue related issues.
Deadhead Transportation
Current Secs. 121.471(f) and 135.263(c) specify that time spent in
transportation, not local in character, that a certificate holder
requires of a flight crewmember and provides to transport the
crewmember to an airport to which he or she is to serve on a flight as
a crewmember, or from an airport at which the flight crewmember was
relieved from duty to return to his or her home base is not considered
part of a rest period. This type of transportation is commonly called
``deadhead'' transportation. Proposed Secs. 121.485 and 135.273 would
be the same as the current requirement except that in addition it would
specify that for duty period limitation purposes the certificate holder
and flight crewmember must consider deadhead time as assigned time or
as part of a duty period associated with flight.
Other Flying for a Certificate Holder
Proposed Secs. 121.487 and 135.275 establish duty period and flight
time limitations for other flying for a certificate holder, including
flying under part 91. Flight crewmembers and certificate holders must
ensure that any duty periods and flight assignments assigned by the
certificate holder are scheduled, assigned, and performed under the
applicable requirements of parts 121 and 135 (14 CFR 121.473, 121.477,
121.479,121.481, 121.483, and 14 CFR 135.263, 135.265, 135.267,
135.269, and 135.271) even if the flight is not conducted under part
121 or 135. In addition, any flight crewmember who is employed by two
or more air carriers or commercial operators must ensure that any duty
periods and flight assignments are scheduled, assigned and performed
under the applicable rules of parts 121 and 135. In other
[[Page 65964]]
words, when certificate holders assign flight crewmembers to conduct
ferry flights, or other flights under part 91, this flight assignment
is treated just as any other duty period involving flight.
This proposal is based on NTSB recommendation A-94-105, which was
issued as a result of the Guantanamo Bay accident, discussed above
under ``NTSB Recommendations'' and the FAA's belief that other flying
for a certificate holder such as training flights for a 121 or 135
certificate holder may cause both short term and cumulative fatigue
which may adversely effect that flight crewmember's flight duties
performed under parts 121 and/or 135. This would include flying for
more than one part 121 and/or 135 certificate holder.
Proposed Effective Date for Final Rule
The FAA is proposing an effective date of 60 days after these
proposals are published as a final rule. By that date all certificate
holders operating under part 121 or part 135 would have to begin
scheduling all flight time duty periods and rest periods in accordance
with the new requirements. However, as mentioned above under ``Commuter
Rulemaking,'' the FAA intends to coordinate the effective date of this
rulemaking with the compliance date of the commuter rulemaking, so that
certificate holders conducting commuter operations will have to change
their procedures for scheduling flight time, duty periods, and rest
periods only once.
The FAA requests comments on the length of time needed between the
issuance of the final rule and its effective date.
Regulatory Impact Analysis Summary
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
Federal agency shall propose or adopt a regulation only upon a reasoned
interpretation that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic effect of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. In conducting
these analyses, the FAA has determined that this Notice of Proposed
Rulemaking (NPRM) would probably generate benefits and cost savings
that are greater than its costs and is ``a significant regulatory
action'' as defined in the Executive Order. The FAA also estimates that
the NPRM would have a significant economic impact on a substantial
number of small entities. No part of the proposed rule is expected to
constitute a barrier to international trade. These analyses, available
in the docket, are summarized below.
This proposal would amend existing regulations to establish one set
of duty period limitations, flight time limitations, and rest
requirements for flight crewmembers engaged in air transportation.
Currently, these limitations and requirements differ across the various
sectors of the industry (e.g., part 121, part 135). In addition, the
FAA is required to consider alternatives to the proposed rule when the
following circumstances are met:
--The regulatory action is designated as a ``significant regulatory
action'' (as defined by Executive Order 12866), and
--The regulatory action is designated as having a significant impact on
a substantial number of small businesses, nonprofit groups, or airports
operated by small governmental jurisdictions.
The FAA has determined that the potential economic impacts of the
proposed rule are sufficiently large that both of these criteria are
satisfied. Accordingly, two alternatives will be discussed in the
section entitled ``Analysis of Alternatives'' below.
Cost-Benefit Analysis
Proposal
As mentioned above, the main thrust of the proposal is to amend
existing regulations to establish one set of duty period limitations,
flight time limitations, and rest requirements for flight crewmembers
engaged in air transportation. The proposal would establish a basic
scheduling limitation for 2 pilot crews of 14 hours of scheduled duty
and 10 hours of scheduled rest. The maximum length of duty periods
permitted would increase as the number of pilots increases. The
proposal would also revise limits on the amount of flight time which a
flight crewmember can accrue in a duty period, in any 7 consecutive
calendar days, and in a calendar month. The maximum duty period limits
would be decreased in most cases for part 121 and part 135 operators,
and the required length of rest periods would be increased. These
changes are expected to impose unquantifiable costs on unscheduled part
135 operators.
Although the maximum length of duty periods would generally
decrease under the proposal, the maximum allowable flight times for
pilots operating 2-pilot aircraft (no flight engineer) would increase
from 8 to 10 hours. This provision should create the potential for
substantial cost savings for both part 121 and 135 operators.
The FAA determined that 2 provisions of the proposed rule could
impose substantial quantifiable costs. Another provision could impose
substantial costs on the commuter operators, but could not be
quantified. The potential economic impacts on the air taxi operators of
these provisions could not be quantified at this time. The most costly
provision applies to the scheduling and duty assignments of reserve
pilots. A reserve pilot must be available to report upon notice for a
duty period with one hour or longer of notice. The proposal would
require that the maximum length of a duty period be reduced in those
cases when less than 10 hours of notice for a duty period assignment is
received. The proposal would also provide another option under which a
flight crewmember could be given a regularly scheduled minimum 6 hour
protected time within each 24 hours of reserve time.
The other provision which would impose substantial quantifiable
costs would require that ``ferry'' flight time used to reposition
aircraft be counted the same as time accrued in part 121/135 revenue
operations for the purpose of determining compliance with FAA
limitations on duty periods and flight time limitations. Another
provision that would increase the minimum required rest periods between
flight duty periods might impose substantial costs on the commuter
operators, but they cannot be quantified without additional data. The
provisions pertaining to reserve pilot scheduling might also impose
substantial costs on air taxi operators, but these costs could not be
quantified.
Cost Analysis
As described in more detail in the Regulatory Impact Analysis, the
FAA has relied heavily on surveys of a limited number of operators to
develop its analysis. The FAA is interested in comments on the
representativeness of the data used for extrapolation to the entire
affected population. Where commenters believe these survey data do not
reflect the circumstances/responses for operators generally, the FAA
welcomes any and all relevant data supporting such claims.
The FAA also seeks comments on its methodology, assumptions, and/or
data used to estimate the following:
(1) The efficiency gains from the increase in allowable flight time
from 8 to 10 hours.
[[Page 65965]]
(2) The likely operator response to the reserve pilot requirements
(i.e., the likelihood of operators choosing between canceling flights
and adding pilots),
(3) The cost to operators and passengers of flight cancellations
and of adding pilots, and
(4) The potential safety benefits from reduced fatigue.
Part 121 Air Carriers
The FAA estimated the economic impact of each provision of this
proposed rule. Some of the provisions by themselves were estimated to
entail substantial compliance costs, whereas others have the potential
for affording substantial cost savings to operators.
The proposed rule is estimated to impose discounted costs of
$842.03 million on part 121 operators over the next 15 years, but these
costs are expected to be offset by the cost savings. The total
potential discounted cost savings from increased productivity were
estimated at $1.72 billion over this period. The net discounted
compliance cost savings of the proposed rule would therefore amount to
$877.90 million over this period. The cost savings would result if
operators take advantage of opportunities afforded by the proposal to
more efficiently schedule their existing workforce, which could enable
them to reduce their plans for hiring new pilots by 3,348 pilots over
the next 15 years.
Costs
The FAA determined that the primary cost of implementing the
reserve pilot scheduling and duty time regulations would consist of the
cost of reassigning some scheduled airline pilots or hiring new pilots
to assure adequate coverage of flights that would otherwise have to be
canceled or delayed. Other provisions of the proposal, however, may
allow operators to use on-line pilots more intensively; therefore, the
need for additional reserve pilots is likely to be satisfied by
reassigning on-line pilots that would become available because of
enhanced productivity. In addition, a relatively small number of
flights might be canceled.
These cost estimates were based on the least cost combination of
reserve pilot scheduling options for each operator based on the nature
of its flight operations, such as the amount of advance notification
provided reserve pilots and duty period durations. The FAA estimates
that the part 121 scheduled operators would have to hire an additional
500 pilots, representing a 1% increase in their current pilot staffing
level, thereby increasing their recurring annual salary costs by $41.29
million. In addition, the FAA estimated that the flight cancellations
resulting from decreased flexibility in scheduling reserve pilots would
impose societal costs (the value of delayed passenger time) amounting
to $8.12 million per year. The total potential cost of the reserve
pilot regulation was therefore estimated at $49.40 million annually
after the first year the proposed rule were in effect for part 121
scheduled carriers. In the first year, this annual cost would be
increased by $9.26 million to $58.66 million to capture initial
training costs.
The FAA determined that the reserve pilot regulation would also
impose substantial costs on part 121 unscheduled or ``supplemental''
air carriers. The economic impact on these air carriers is expected to
be greater than for the scheduled part 121 carriers because of the less
predictable nature of their operations, which doesn't allow them to
give as much advance notification of flight assignments to their
reserve pilots. The FAA estimated that approximately 330 additional
pilots, representing about 4% of their present pilot staffing level,
would need to be hired by these air carriers at a recurring annual cost
of $24.02 million.
The FAA determined that the proposed restriction on ``ferry''
flights would have very little, if any, impact on scheduled part 121
operators. These proposed restrictions, however, could have a
substantial economic impact on part 121 unscheduled operators, which
are more likely than the scheduled operators to conduct these
operations because of the greater distance between crew bases and
destination points of their revenue flights. The FAA estimated that
these operators would have to hire an additional 235 pilots (3%
increase in current pilot staff) to avoid major disruptions in their
flight schedules, entailing recurring annual costs amounting to $17.04
million.
The total recurring annual potential compliance costs (reserve
pilot and ``ferry flight'' restrictions) for unscheduled or
supplemental operators were therefore estimated at $41.06 million. The
first year initial training costs for these unscheduled air carriers
were estimated to add $10.10 million to annual costs in the first year.
In summary, the total first year annual compliance costs for all
part 121 air carriers of the reserve pilot regulation and restriction
on ferry flights were estimated at $110.28 million. Societal costs
resulting from canceled flights were estimated to comprise $8.12
million of this total. These costs were estimated based on the time
that passengers on canceled flight would be delayed, which the analysis
assumes would be two hours. Total discounted costs were estimated at
$842.46 million over the period from 1996-2010.
Cost Savings
The FAA expects that these costs would be more than offset by cost
savings afforded the scheduled part 121 operators by the opportunity to
more effectively utilize their flight crewmembers. The potential cost
savings for the unscheduled part 121 air carriers, however, are not
expected to be of a sufficient magnitude to outweigh the proportionally
higher potential costs that were estimated for this sector of the
industry. Under the proposal, both scheduled and unscheduled air
carriers could increase the maximum permitted flight times within
individual duty periods from 8 to 10 hours for 2-pilot crews.
The potential productivity gains from this provision should enable
scheduled part 121 air carriers to maintain their current schedules
with fewer pilots and transfer some pilots from active or nonreserve to
reserve status. The decrease in the anticipated need for pilots among
the scheduled air carriers is expected to substantially outweigh any
potential increased need for pilots among the unscheduled air carriers.
In other words, the overall need for pilots in future years should
decrease because the positive economic effects resulting from increased
productivity are expected to outweigh the negative economic impacts of
the need for more reserve pilots.
Data collected by the FAA indicate that domestic air carriers do
not fly their crewmembers close to the maximum permitted current limit
of 100 hours per month. The average monthly flying time for the
scheduled air carriers is 60 hours. The part 121 unscheduled operators
tended to fly their crewmembers from 40-60 hours per month. In fact,
most unionized air carriers are prevented by labor contracts from
flying their crewmembers more than 75-80 hours per month.
If this proposed rule is adopted as an amendment, most air carriers
would likely attempt to take advantage of the opportunity to utilize
their crewmembers more effectively. The increase from 8 to 10 hours in
the maximum permitted flight hours 2-pilot crews could fly within
individual duty periods should provide an incentive for air carriers to
increase the daily flight hours and hence monthly flight hours of their
crews and decrease the amount of duty time which is not flight time.
The FAA determined that air carriers would
[[Page 65966]]
most likely be able to increase utilization of their pilots by 4% on
average (which would amount to an additional 2 flight hours per month
per pilot in most cases).
Air carriers would realize these productivity gains only to the
extent that their pilot salary costs would not increase. Such an
assumption appears warranted for the following reasons. The FAA
estimated that about 10% of the pilot salary cost of the major air
carriers is for nonproductive time (i.e., time within a duty period
that is not devoted to actually flying the airplane). Air carriers
frequently pay pilots for this nonproductive time at a reduced hourly
rate, as established by formulas in their contracts. The proposal would
allow them to significantly reduce this nonproductive time by
permitting an increase in maximum flight hours from 8 to 10 hours
within a shorter duty period.
Many unionized part 121 air carriers would probably have to
renegotiate their contracts in order to reduce the amount of
nonproductive time for which they are currently paying. Renegotiation
would not be required, however, in order to add about 2 hours on
average to monthly pilot flying hours because actual flying hours are
currently considerably lower than the maximum range of 75-80 hours
under most contracts. In addition, the nonunionized air carriers would
in theory have a greater potential for increasing flight hours flown by
their crewmembers because their maximum limits on flight hours tend to
be closer to the current regulatory maximums of 1,000 hours per year.
Under the proposal, the maximum monthly flight time of 100 hours per
month would effectively allow 1,200 hours of flight time per year,
thereby affording them the potential of a 20% increase in productivity
(nonunionized air carriers account for 16% of the operations flown by
all part 121 air carriers). This analysis, however, only assumes a 4%
increase in productivity.
The FAA estimated that a 4% overall productivity enhancement would
afford part 121 carriers overall total cost savings amounting to $3.07
billion (present value, $1.72 billion) over the next 15 years. These
estimates are based on an expected decrease of 3,348 new pilots hired
over this period and an average loaded salary of $82,572 for part 121
scheduled and $72,600 for part 121 supplemental. In addition, initial
training costs of $18,516 for part 121 scheduled pilot and $17,908 for
part 121 supplemental pilot were used in this analysis as in the cost
analysis.
This estimate should be regarded as an lower bound for potential
cost savings arising from the increase in pilot productivity.
Productivity cost savings above 4% are theoretically possible; however,
due to any salary increases that unions may negotiate, the air carriers
may not be able to achieve all of these savings. In any event, air
carriers would have a greater opportunity to limit pay for
nonproductive time under the proposal, as noted above, which currently
amounts to a significant part of their total salary costs. The FAA does
not have sufficient information to assess the interplay of these
factors in determining pilot salaries and requests comments from the
public on this issue.
Longer proposed flying hours would also allow air carriers to
reduce the number of 3-pilot crews in favor of 2-pilot crews. The FAA
estimates an additional savings of 200 pilots, with annual net cost
savings which could amount to $20.40 million in the first year and
$16.54 million in subsequent years. These potential cost savings were
estimated at $119.62 million (discounted) over a 15-year period.
Consequently, total cost savings of the proposed rule for part 121 air
carriers is expected to amount to $3.32 billion (present value, $1.87
billion) over the next 15 years.
Part 135 Scheduled Air Carriers
The proposed rule is estimated to impose discounted quantifiable
costs of $56.75 million on part 135 carriers over the next 15 years,
but these costs could be offset by cost savings. The total potential
cost savings of the proposed rule are expected to amount to $94.04
million over the next 15 years. The net cost savings, which would
result from an expected net reduction of 353 new pilots hired over the
next 15 years, could therefore amount to $50.68 million over this
period. This conclusion is contingent on the assumption that these
operators would be able to modify their flight schedules so as to avoid
expenses associated with longer minimum rest periods without
significantly affecting revenues.
Costs
The FAA estimated that the reserve pilot provisions of the proposal
would result in the hiring of 152 additional pilots in order to avoid
having to cancel flights because of inadequate reserve pilot resources.
The increased annual cost for the industry was estimated at $6.12
million. In addition, these operators are expected to incur incremental
initial training costs amounting to $1.06 million in the first year the
proposed rule is in effect, increasing annual compliance costs to $7.18
million in that year. These costs would amount to a discounted $56.75
million over a 15-year period.
Cost Savings
Part 135 scheduled airlines would reap potential cost savings
amounting to $145.04 million (present value, $84.76 million) over the
next 15 years. Although these operators currently tend to utilize their
pilots more intensively than the part 121 operators (i.e., 74-89
hours), they still utilize them well under the proposed regulatory
maximum of 100 hours a month. The potential for a 4% increase in
productivity would still remain. The fact that a considerably smaller
portion of the part 135 pilot workforce is unionized would remove that
possible constraint to increased productivity.
These potential cost savings are based on a projection that these
operators would need 353 fewer pilots at an average annual loaded
salary of $40,280 that was used in the analysis of costs. In addition,
initial training costs of $6,948 per pilot would be saved.
Benefits
The FAA has promulgated flight time limitation rules that contain
rest requirements for certain operations and weekly and monthly limits
on the number of hours of flight time in an effort to protect flight
crewmembers from work-related fatigue. The issue did not receive much
publicity until May 1994, when the NTSB cited pilot fatigue as a
probable cause in an accident when the captain lost control of a DC-8
freighter while approaching the U.S. Naval Station Airbase at
Guantanomo Bay, Cuba in August 18, 1993. Prior to that time, this
factor had never been cited by the NTSB as a probable cause in an
accident involving part 135 or 121 operations.
In its investigation, the NTSB noted that the flight crew had been
on duty about 18 hours and had flown about 9 hours at the time of the
accident. Under the proposed rule, this flight would have been illegal
because the maximum length of a duty period for a 3-person flight crew
on an airplane lacking appropriate sleeping quarters is 16 hours. In
addition, the company had intended to further extend this flight by
having the crew ferry the airplane back to Atlanta after the plane had
landed at Guantanamo Bay, which would have resulted in a total duty
time of 24 hours. The NTSB report specifically noted that the flight
crewmembers had experienced a disruption of circadian rhythms and sleep
loss, which resulted in fatigue that had adversely affected
[[Page 65967]]
performance during the critical landing phase.
The National Aeronautic and Space Administration (NASA) Ames
Research Center has been studying this issue since 1980 and has
published a number of studies on it. These studies have established a
relationship between long duty periods and fatigue and between fatigue
and a deterioration in performance.
It is very difficult to quantify the potential safety benefits of
this proposed rule because of the scarcity of accidents that have been
attributable to pilot fatigue. The NTSB has not focused on this issue
until quite recently in its accident investigations. The FAA believes
that the investigation of the effects of fatigue on pilot performance
should not be limited to a review of relevant accidents. A better
understanding of this issue can be gained from examining incident
reports submitted by pilots to the National Aeronautical and Space
Administration's Aviation Safety Reporting System (ASRS). Since January
1, 1986, ASRS has received 21 reports of unsafe incidents resulting
from fatigue by pilots engaged in part 121 operations and 200 reports
from pilots conducting part 135 operations. Although these incidents
did not actually result in accidents, they were of a sufficiently
serious nature that pilots filed a report with NASA with the hope of
gaining the attention of the regulatory authorities.
NASA has sponsored some research into the issue of the relationship
between fatigue and performance decrements based on information
contained in these incident reports. The researchers found that about
21% of the reports citing air transport flight crew errors were related
to the general issue of fatigue. The researchers selected a control or
comparison group of incident reports citing these problem areas but
where fatigue was not an apparent factor. Most of the incidents in both
data sets involved altitude or clearance operational deviations (e.g.,
taking off or landing without clearance). The deviations within the
fatigue set tended to occur more frequently during the more critical
descent, approach, and landing flight phases. This finding was expected
because fatigue is most likely to set in towards the end of a flight or
work day. Another key finding was that duty period length and workload
level were most frequently cited as being responsible for the fatigue.
The FAA has quantified the economic value of all major accidents
involving the part 121 air carriers and part 135 air carriers over the
1985-1994 period that were attributable to pilot error. For the part
121 analysis, the FAA examined the seating capacity, average passenger
load, and the average replacement cost of a representative sample of
both narrow body and wide body aircraft. The FAA examined the same
factors in estimating the cost of a part 135 accident.
For the part 121 analysis, the FAA assumes that an average airplane
costs $14.75 million in 1994 dollars and carries 107 people (101
passengers, 3 flight crewmembers, and 3 flight attendants). In order to
provide the public and government officials with a benchmark comparison
of the expected safety benefits of rulemaking actions over an extended
period of time with estimated costs in dollars, the FAA currently uses
a value of $2.7 million to statistically represent a human fatality
avoided. The values for serious and minor injuries are $518,000 and
$38,000, respectively. For the part 135 analysis, the FAA used the same
assumptions regarding the value of a human life and injuries. The
amount of airplane damage and severity of injuries was based on a
review of NTSB reports of all accidents involving 10-30 seat aircraft
over the period from 1985-1994.
Based on these assumptions, the FAA estimated that the economic
value of the 71 serious accidents involving pilot error used in part
121 scheduled operations that were involved in serious accidents over
the 1985-1994 period at $1.896 billion. Projecting this total from 1996
to 2010 yields a discounted $1.151 billion. The comparable total for
the 8 serious accidents involving pilot error used in part 121
supplemental operations that were involved in serious accidents over
this time period was $273.9 million. Projecting this total from 1996 to
2010 yields a discounted $166.3 million. The corresponding total for
the 71 aircraft involving pilot error used in part 135 operations with
10 to 30 seats that were involved in serious accidents over that period
was $602.32 million. Projecting this total from 1996 to 2010 yields a
discounted $365.73 million.
The NASA research study summarized above revealed that 21% of pilot
error incidents were related to fatigue. Applying this proportion to
the total discounted value of the pilot error accidents, using the
assumptions noted above, one could conclude that fatigue resulted in
accidents valued at $398.24 million (present value, $241.81 million)
for part 121 scheduled operations, $57.52 million (present value,
$34.92 million) for part 121 supplemental operations, and $126.49
million (present value, $76.80 million) for part 135 operations over a
15-year period. These estimates could be used to provide some idea of
the potential safety benefits of this proposed rule, assuming it is
100% effective in preventing these types of accidents.
Cost Savings and Benefits
Initial annual quantifiable compliance costs for part 121
scheduled, part 121 supplemental, and scheduled part 135 air carriers
were estimated at $58.66 million, $41.16 million and $7.18 million,
respectively. Subsequent annual quantifiable compliance costs were
estimated at $49.40 million, $41.06 million and $6.12 million,
respectively. Over the period from 1996 to 2010, costs would amount to
$750.33 million (present value, $458.63 million), $625.99 million
($383.40 million) and $92.89 million (present value, $56.75 million),
respectively.
For part 121 scheduled operators, these compliance costs should be
more than offset by cost savings that are projected to result from
productivity enhancements for the scheduled part 121 carriers. The same
conclusion may apply to the part 135 operators as well in view of the
potential magnitude of the unquantifiable costs. But cost savings
expected to accrue to the part 121 supplemental carriers are not
expected be sufficient to offset potential costs for this sector of the
industry.
The estimates for the scheduled part 135 air carriers do not
include the potential costs of the proposed general limitations on
flight duty and rest periods, which are expected to be fairly
significant, although not quantifiable at the present time. On the
other hand, these estimates do not take account of potential cost
savings as air carriers gain more experience in implementing the
various combinations of the available options, which should in theory
result in the selection of the most cost effective option. The extent
to which these potential impacts would offset each other cannot be
determined on the basis of the available data.
These estimates also do not include the potential costs of the
proposed rule for air taxi operators, which could not be quantified.
The FAA expects that the costs of the reserve pilot restrictions would
probably not be substantial for this sector of the industry because the
majority of the operators should be able to adopt the second reserve
pilot scheduling option without major operational disruptions. The FAA
does not have sufficient information to estimate the potential
compliance costs for this sector of the industry if the ``other
commercial flying'' restrictions in the proposal are adopted. The
potential for cost savings would appear
[[Page 65968]]
to be more limited for these operators because of the point-to-point
and geographically restricted nature of their operations, which would
tend to limit the length of flight assignments.
The FAA has quantified the economic value of all major accidents
involving the part 121 fleet and part 135 fleet over the 1985-1994
period that were attributable to pilot error. Based on this value and
the proportion of incidents with similar causal factors where pilots
were affected by fatigue, the FAA estimated that if proposed rule were
100% effective at eliminating fatigue as a factor in accidents, it
could prevent accidents involving part 121 scheduled operations valued
at $242 million and part 121 supplemental operations at $35 million
over a 15-year period. The same methodology yielded an estimate of $77
million for the potential effectiveness of the proposal in preventing
part 135 accidents. It is important to note that it is unlikely that
this proposal would be 100% effective, in part because it addresses
duty and rest times, but does not require pilots to rest. The FAA is
unable to develop an estimate of effectiveness of this proposal in
reducing fatigue-related incidents, but welcomes data and methodologies
that may assist such an effort.
The table below compares the costs, potential benefits, and cost
savings sections. The FAA therefore concludes that the proposed rule
would be cost beneficial for the part 121 scheduled operators, sector
of the air transportation industry, would probably be cost beneficial
for the entire part 121 sector of the air transportation industry, and
could be cost beneficial for the scheduled part 135 operators as well,
provided the unquantifiable compliance costs for the commuters do not
exceed about $127.5 million (discounted) over a 15-year period.
The FAA does not have sufficient information at this time to
evaluate the cost effectiveness of this proposal for air taxi
operators. A more definitive overall conclusion would not be
appropriate in view of the lack of data pertaining to how the affected
air carriers would modify their operations in order to comply with the
proposed rule and also to take advantage of the opportunities to
increase pilot productivity. The FAA has decided to issue this proposed
rule with the expectation that additional data that can clarify these
issues will be forthcoming.
Fifteen Year Discounted Costs/Cost Savings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121 Part 121 Part 135
scheduled supplemental Total part 121 scheduled Air taxi
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance costs............................. $458,627,143 $383,403,020 $842,030,163 $56,750,685 Unknown.
Reserve requirements..................... 458,627,143 224,331,554 682,958,697 56,750,685 Unknown.
Other requirements....................... 0 159,071,466 159,071,466 0 Unknown.
Potential safety benefits.................... 241,806,628 34,922,912 276,729,539 76,802,495 Unknown.
Net costs of reserve and other requirements.. 216,820,515 348,480,108 565,300,623 (20,051,810) Unknown.
Cost savings................................. 1,658,078,896 215,723,343 1,873,802,239 107,431,330 Unknown.
Increased flight times....................... 1,504,206,226 215,723,343 1,719,929,569 107,431,330 Unknown.
Other cost savings........................... 153,872,670 0 153,872,670 0 Unknown.
Net combined cost savings of proposal........ 1,441,258,380 (132,756,765) 1,308,501,615 127,483,140 Unknown.
--------------------------------------------------------------------------------------------------------------------------------------------------------
This rulemaking should be considered complimentary to the Commuter
Rule and the Air Carrier Training Program final rule. One of the goals
of these three rulemaking actions is to prevent the 67 accidents that
represent the accident-rate gap between part 135 commuter operators and
part 121 operators. The FAA estimates that over the next 15 years,
closing this gap would prevent 67 accidents at a present value benefit
of $350 million.
In terms of the accident rate gap, the benefits of this NPRM are a
part of this total benefit. However, it is not possible to allocate
that benefit among the three rulemaking actions because it difficult to
determine which rulemaking action would prevent a given accident. For
example, individual accidents may be prevented by any one or a
combination of several factors such as:
Preventing the occurrence of a problem with an airplane in
the first place (Commuter rule);
Providing more or better crew training to properly respond
to the problem after it occurs (Air Carrier Training Program rule);
Providing a dispatcher to help identify a problem before
it becomes a potential accident (Commuter rule);
And ensuring pilots are not over-worked and tired (Pilot
Rest and Duty NPRM).
The Commuter Rule only addresses a portion of the necessary
requirements to close the accident-rate gap. If the $51 million present
value in net cost savings of this rule ($107 million in cost savings
minus $56 million in costs) is combined with the cost of the Commuter
Rule, $75 million, and the cost of Pilot Training, $34 million, the
total cost, $58 million (-$51+$75+$34), is still less than the
estimated $350 million benefit of eliminating the accident-rate gap.
These rules combined need only be 17 percent effective to be cost-
beneficial. The $77 million in potential safety benefits of this
proposed rule is a subset of the aforementioned $350 million.
Analysis of Alternatives
As explained above, the FAA is required to consider alternatives to
the proposed rule; the two alternatives will be discussed in this
section. As indicated earlier in this preamble, if this proposal on
reserve time assignments is not issued as a final rule, the FAA intends
to ensure that the current rule, as interpreted, is being correctly
implemented. The FAA has estimated that doing so could cost part 121
operators in excess of $2.5 billion and part 135 operators in excess of
$450 million discounted over the next 10 years. At the same time, the
resulting potential safety benefits would be no more than those
estimated for this proposal.
Alternative Number One
This alternative would be to maintain the status quo. This option
would not impose any costs on operators because it would not require
that they change their pilot scheduling practices. It could impose
costs on society, however, by increasing the risk of a preventable
fatigue-related accident. The accumulation of a substantial body of
scientific evidence documenting the harmful effects of fatigue on pilot
performance have increased the need to amend these rules. In addition,
given the scientific data available and the NTSB recommendations
resulting from an accident at Guantanamo Bay in August 1993, this
option is not feasible.
Alternative Number Two
This alternative was the original proposal considered by the FAA.
After surveying industry, the FAA determined
[[Page 65969]]
that such a proposal would impose substantial costs, and that these
costs would outweigh any potential benefits. Consequently, the current
proposal was established, which uses some of the elements of this
original proposal.
This alternative would afford operators three options for
scheduling their reserve pilots but does not address the fatigue
problem for pilots who are not on reserve status. The three options for
scheduling reserve pilots are as follows:
Option 1: The certificate holder provides a minimum of 10 hours
of advance notice of reporting time for flight duty.
Option 2: The certificate holder provides 8 hours of rest each
24 hour period of reserve duty. The 8 hours of rest must be assigned
prospectively and remain constant for the duration of the reserve
assignment.
Option 3: For each 24 hour period of reserve duty the flight
crewmember is limited to 18 hours of eligibility for flight duty,
with the remaining 6 hours being set aside for rest.
The potential annual compliance costs for the part 121 scheduled
carriers were estimated at $225 million on an annual basis based on the
assumption they would have to increase their pilot staffing by 4%. The
second most heavily affected sector of the industry was the air taxi
operators, who indicated they would have to increase their pilot
staffing by 74%, resulting in potential annual compliance costs of $175
million. The FAA estimated that commuter operators would increase their
pilot staffing by 5% in order to avoid disrupting their flight
schedules, resulting in potential annual compliance costs of $24
million. Finally, the annual compliance cost for the part 121
unscheduled operators was estimated at $11.5 million.
The total annual cost was estimated to be $436 million for the air
carrier industry. These costs would not be offset by any cost savings
because of the limited nature of this alternative (i.e., applies only
to reserve pilots). In addition, this alternative would have a
considerably lower potential for preventing accidents than the proposal
for the same reason. The FAA therefore concluded that this alternative
would not be cost beneficial.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) requires Federal
agencies to review rules that may have ``a significant economic impact
on a substantial number of small entities.''
Under FAA Order 2100.14A, the criterion for a ``substantial
number'' is a number that is not less than 11 and that is more than one
third of the small entities subject to the rule. This rule would
primarily affect part 121 and 135 operators. For operators of aircraft
for hire, a small operator is one that owns, but not necessarily
operates, nine or fewer aircraft. The FAA's criteria for ``significant
impact'' are $4,600 or more per year for an unscheduled operator,
$119,900 or more per year for a scheduled operator whose airplane fleet
has over 60 seats, and $67,000 or more for other scheduled carriers.
A. Initial Regulatory Flexibility Determination
The present value cost savings of the proposed rule over the 10-
year study period would be $1.20 billion for the part 121 scheduled
carriers or $148.47 million annualized at 7%. Based on a total fleet of
3,429 airplanes for these air carriers, the projected annualized cost
savings of this rule would be $43,298 per airplane. Given the threshold
annualized cost of $119,900 for a small part 121 scheduled operator,
the FAA estimates that the proposed rule would have a significant
economic impact on any operator owning 3 or more aircraft but less than
10 aircraft. However, there are only 7 small operators in this
category. Since this is less than 11, a substantial number of these
entities would not be affected.
The present value of the net costs of the proposed rule over the
10-year study period would be $139.56 million for the part 121
unscheduled carriers or $19.82 million annualized at 7%. Based on a
total fleet of 557 airplanes for these operators, the projected annual
cost of this rule would be $42,747 per airplane. This exceeds the cost
threshold of $4,600 per unscheduled operator for all small operators in
this sector of the industry.
The present value of the cost savings of the proposed rule over the
study period has been estimated at $50.68 million for the part 135
scheduled carriers or $7.2 million annualized at 7%. Based on a total
fleet of 950 airplanes for these operators, the projected annual cost
of this rule would be $7,579 per airplane. Given the threshold
annualized cost of $67,000 for a small commuter operator, the FAA
estimates that an operator would need to own exactly 9 airplanes in
order to incur a significant economic impact. As there is only one part
135 scheduled carrier with 9 airplanes, the FAA concludes that a
substantial number of small entities in this sector of the industry
would not be significantly affected by the proposed rule.
The FAA requests comments from small air taxi operators regarding
the potential economic impacts of this proposed rule on their
operations. Would additional pilots be required to maintain the current
scope of their operations?
B. Initial Regulatory Flexibility Analysis
As the proposed rule would have a significant economic impact on a
substantial number of small part 121 unscheduled operators, an initial
regulatory flexibility analysis has been prepared. This analysis
assures that agencies have examined selected regulatory alternatives
that could minimize the economic burdens of the proposed rule on small
entities. As delineated in section 603(b) of the RFA, this initial
regulatory flexibility analysis is required to identify: (1) the
reasons why the agency is considering this action, (2) the objectives
and legal basis for the proposed rule, (3) the kind and number of small
entities to which the proposed rule would apply, (4) the projected
reporting, record keeping, and other compliance requirements of the
proposed rule, and (5) all Federal rules which may duplicate, overlap
or conflict with the proposed rule. This section of the RFA further
requires that each initial regulatory flexibility analysis contain a
description of any significant alternatives to the proposed rule which
accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact of the proposed rule on small
entities.
1. Why the Agency Action is Taken
The main reason for the NPRM is that the FAA Administrator, when
prescribing safety regulations, is required by statute to consider
``the duty of an air carrier to provide service with the highest
possible safety in the public interest.'' The FAA has determined that
the most appropriate way to meet this statutory mandate is to ensure
that flight crewmembers are provided with the opportunity to obtain
sufficient rest to perform their routine and emergency safety duties.
The need for this rulemaking is supported by studies on pilot fatigue
conducted by NASA, anecdotal evidence of the problem contained in pilot
reports submitted to the Aviation Safety Reporting System, and the
complexity and age of the current flight duty and rest period
restrictions.
2. Objective of and Legal Basis for the Proposed Rule
The objective of the proposed rule is to increase safety in
passenger- and cargo-carrying operations, both scheduled and
unscheduled. The proposed rule would also clarify and
[[Page 65970]]
simplify existing regulations pertaining to duty period limitations,
flight time limitations, and rest requirements for crewmembers. This
objective is more thoroughly discussed in the preamble to the NPRM.
The legal basis for the proposed rule is 49 U.S.C. 106(g), 1153,
40101, 40102, etc.
3. Description of the Small Entities Affected by the Proposed Rule
The proposal would affect part 121 air carriers conducting both
scheduled and unscheduled operations. The FAA estimates that the
proposal would affect only one scheduled part 121 operator, which owns
9 aircraft. The remaining operators in this category each own 5 or
fewer aircraft, less than the number required for a substantial
economic impact potential. The FAA estimates that the proposal would
have a substantial economic impact on all 23 small part 121 unscheduled
operators, which operate a total of 99 aircraft.
4. Compliance Requirements of the Proposed Rule
The proposed duty period limitations, flight time limitations, and
rest requirements would apply to all crewmembers conducting part 121
domestic, flag, and supplemental operations, as well as those engaged
in commuter and on-demand operations. These limitations and
requirements would also apply to part 121 and 135 certificate holders
conducting part 91 operations. The preamble to the NPRM provides a more
thorough discussion of the compliance requirements of the proposed
rule.
5. Overlap of the Proposed Rule With Other Federal Regulations
No other Federal rules would duplicate, overlap, or conflict with
the proposed rule.
6. Alternatives to the Proposed Rule
Alternative Number One did not have any potential compliance costs.
Alternative Number Two would have been more costly and would have had a
significant impact on a substantial number of entities for the three
industry areas where costs could be estimated. Alternative Number Two
would have projected annual costs of $65,325 per aircraft for part 121
scheduled operators. Therefore, any operator with 2 or more aircraft
would be significantly affected by this alternative rule. Since these
operators would comprise more than one-third of the total number of
small operators in this category, the FAA concludes that a substantial
number of small entities would be affected. In addition, Alternative
Number Two was substantially more costly for part 121 unscheduled
operators than the proposed rule, which would have affected all
operators in this sector of the industry. The impacts of this
Alternative on these operators would be considerably greater than the
proposed rule.
Alternative Number Two would have projected annual costs of $20,443
per aircraft for part 135 scheduled operators.
Therefore, any operator with 4 or more aircraft would be
significantly affected by this alternative rule. Since these operators
comprise at least one-third of the total number of small entities in
this sector of the industry, the FAA concludes that a substantial
number of small operators would be affected. This Alternative, which
would be considerably more costly for on-demand air taxis than
scheduled part 135 operators, would have a significant economic impact
on a substantial number of small operators in this sector of the
industry as well.
In addition, the FAA considered an alternative proposal for part
121 supplemental carriers that was proposed at an ARAC (Aviation
Regulatory Advisory Committee) meeting. Under this proposal, part 121
supplementals could develop alternative policies and procedures or
flight schedules that allow a flight crewmember to anticipate when a
flight time assignment might occur or that otherwise ensures a flight
crewmember will not be assigned to a flight unless that flight
crewmember is adequately rested for that flight assignment. However,
the FAA rejected this option because it does not provide one level of
safety for the industry. These different policies or procedures would
be ripe for abuse by both certificate holders and pilots and they would
be very difficult for the FAA to enforce. In short the FAA believes
this alternative would not provide the same level of safety as the
proposal. The FAA does, however request comments on other possible
alternatives.
Initial Trade Impact Analysis
The FAA believes that in specific foreign countries, including
Great Britain, Germany, and some other European countries, pilot,
flight, and duty regulations are more restrictive because they make use
of more variables as constraints than in the United States. These
variables include 1) take-offs and landings, 2) day or night flights,
3) cumulative duty hours per week and month, 4) the number of flights
in a duty period, 5) whether the flight crew is ``acclimated'' to the
local time. The net impact of the proposal on the U.S. firms' operating
costs is likely to be considerably less than the compliance costs with
current rules because of the projected gains in productivity. Foreign
air carriers may already be burdened with similar or higher costs to
the extent the applicable regulations are as strict or more strict than
the proposal. The FAA solicits information from commenters regarding
these policies.
Any impacts should be limited to the part 121 air carriers. Most of
the nation's 65 commuter airlines operate almost exclusively on
domestic routes, with only limited international operations and no
transoceanic routes. Similarly, air taxi operators seldom fly outside
of domestic airspace.
Federalism Implications
The proposed regulations do not have substantial direct effects on
the states, on the relationship between national government and the
states, or on the distribution of power and responsibilities among
various levels of government. Thus, in accordance with Executive Order
12612, it is determined that such a regulation does not have federalism
implications warranting the preparation of a Federalism Assessment.
Paperwork Reduction Act
The reporting and recordkeeping requirements associated with this
proposed rule remain the same as under the current rules and have
previously been approved by the Office of Management and Budget under
the provisions of the Paperwork Reduction Act of 1980 (Public Law 96-
511) and have been assigned OMB Control Numbers 2120-0585. The FAA
believes that this proposed rule would not impose any additional
recordkeeping or reporting requirements. If, however, a commenter finds
that this notice would require additional recordkeeping or reporting,
the FAA solicits specific information on the volume, type, and costs of
the additional records or reports.
Conclusion
For the reasons set forth under the heading ``Regulatory
Analysis,'' the FAA has determined that this proposed regulation is a
significant rule under Executive Order 12866, and is a significant rule
under Department of Transportation Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979). Also, for the reasons stated under
the headings ``Trade Impact Statement'' and ``Regulatory Flexibility
Determination,'' the FAA certifies that the proposed rule would have a
significant economic impact on a
[[Page 65971]]
substantial number of small entities. A copy of the full regulatory
evaluation is filed in the docket and may also be obtained by
contacting the person listed FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Aircraft pilots, Airmen, Airplanes,
Aviation Safety, Safety.
14 CFR Part 135
Air carriers, Aircraft, Airmen, Aviation Safety, Pilots, Safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend the Federal Aviation Regulations (14
CFR parts 121 and 135) as follows:
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105. 46103, 46105.
2. Section 121.1 is amended by adding a new paragraph (g) to read
as follows
Sec. 121.1 Applicability.
* * * * *
(g) As specified in Sec. 121.487, the duty period limitations,
flight time limitations and rest requirements of this part are also
applicable to duty periods and flight time performed for a certificate
holder conducting operations under part 91 or part 135 of this chapter.
Subpart R--[Removed and reserved]
3. Subpart R (Secs. 121.480 through 121.493) is removed, and the
subpart heading is reserved.
4. Subpart Q is revised to read as follows:
Subpart Q--Flight Crewmember Duty Period Limitations, Flight Time
Limitations and Rest Requirements
Sec.
121.471 Applicability and terms.
121.473 Pilot duty period limitations, flight time limitations, and
rest requirements.
121.475 Flight engineer duty period limitations, flight time
limitations, and rest requirements.
121.477 Reserve and standby assignments.
121.479 Additional flight crewmember duty period and flight time
scheduling limitations.
121.481 Weekly and monthly flight crewmember flight time
limitations.
121.483 Additional flight crewmember rest requirements.
121.485 Deadhead transportation.
121.487 Duty period and flight time limitations: Other flying for a
certificate holder.
Subpart Q--Flight Crewmember Duty Period Limitations, Flight Time
Limitations and Rest Requirements
Sec. 121.471 Applicability and terms.
(a) This subpart prescribes duty period limitations, flight time
limitations and rest requirements for flight crewmembers in domestic,
flag, and supplemental operations.
(b) For the purpose of this subpart the following terms and
definitions apply:
(1) Approved sleeping quarters means an area designated for the
purpose of flight crewmembers obtaining sleep as approved by the
Administrator.
(2) Assigned time means a period of time when the flight crewmember
is assigned by the certificate holder to activities other than flight
duties or reserve time. Assigned time may include activities such as
deadhead transportation, training, loading baggage, taking tickets,
administrative tasks, or any other assignments at the direction of the
certificate holder. Assigned time may be considered part of a duty
period or not part of a duty period, at the discretion of the
certificate holder.
(3) Calendar day means a period of elapsed time, using Coordinated
Universal Time or local time, that begins at midnight and ends 24 hours
later at the next midnight.
(4) Duty period means a period of elapsed time between reporting
for an assignment involving flight time and release from that
assignment by the certificate holder. The time is calculated using
either Coordinated Universal Time or the local time of the flight
crewmember's home base, to reflect the total elapsed time.
(5) Operational delays means delays due to operational conditions
and requirements that are beyond the control of the certificate holder
such as adverse weather, aircraft equipment malfunctions, and air
traffic control. It does not include late arriving passengers, late
food service, late fuel trucks, delays in handling baggage, freight or
mail, or similar events.
(6) Protected time means a period of time during which a
certificate holder may not contact the flight crewmember and the
crewmember has no responsibility for work. Protected time occurs only
during a reserve assignment pursuant to Sec. 121.477(b)(2).
(7) Reserve time means a period of time when a flight crewmember
must be available to report upon notice for duty involving flight time
and the certificate holder allows the flight crewmember at least 1 hour
to report. Reserve time is not considered part of a rest period and is
not considered part of a duty period involving flight time. Reserve
time ends when the flight crewmember reports for a duty period, when
the flight crewmember is notified of a future flight assignment and
released from all further responsibilities until report time for that
assignment, or when the flight crewmember has been relieved for a rest
period. Reserve time does not include activities defined as ``assigned
time.''
(8) Rest period means a period of time free of all restraint or
duty for a certificate holder and free of all responsibility for work
or duty should the occasion arise. A flight crewmember is not ``free of
all restraint'' or ``free of all responsibility'' if that person must,
among other things, accept phone calls, carry a beeper, or contact the
air carrier. If a flight crewmember is not serving in assigned time,
reserve time, standby duty or a duty period, that crewmember would be
in a rest period.
(9) Standby duty means any period of time when a flight crewmember
is required to report for a flight assignment in less than 1 hour from
the time of notification. It also includes time when a flight
crewmember is required to report to and remain at a specific facility
(e.g. airport, crew lounge) designated by a certificate holder. Standby
duty is considered part of a duty period. Standby duty commences when
the flight crewmember is placed on standby duty. Standby duty ends when
the flight crewmember is relieved from duty associated with an actual
flight or is otherwise relieved from duty.
Sec. 121.473 Pilot duty period limitations, flight time limitations,
and rest requirements.
(a) A certificate holder may assign a scheduled duty period or
reserve assignment to a pilot and a pilot may accept that assignment
only when the applicable duty period limitations, flight time
limitations, and rest requirements of this section are met.
(b) Except as required in paragraphs (c), (d), and (e) of this
section, no certificate holder may assign a flight crew consisting of
two pilots, and no pilot may accept, a scheduled duty period of more
than 14 hours. The duty period may not include more than 10 scheduled
hours of flight time. Each pilot must be scheduled for a subsequent
rest period of at least 10 consecutive hours. This rest period
[[Page 65972]]
must occur between the completion of the scheduled duty period and the
commencement of the next duty period.
(1) Due to operational delays, the rest period required under this
paragraph (b) may be reduced to no fewer than 9 consecutive hours if
the pilot has not actually exceeded the maximum 14-hour duty period and
if the pilot's next rest period is at least 11 hours. This subsequent
rest period must be scheduled to begin no later than 24 hours after the
beginning of the reduced rest period and must occur between the
completion of the scheduled duty period and the commencement of the
next duty period.
(2) The duty period required under this paragraph (b) may be
extended to 16 hours when the extension is due to operational delays.
In this case the 10 hour rest period may not be reduced.
(c) A certificate holder may assign a flight crew consisting of 3
pilots, and a pilot may accept, a scheduled duty period of up to 16
hours. The duty period may not include more than 12 scheduled hours of
flight time. Each pilot must be scheduled for a subsequent rest period
of at least 14 consecutive hours. This rest period must occur between
the completion of the scheduled duty period and the commencement of the
next duty period.
(1) Due to operational delays, the rest period required under this
paragraph (c) may be reduced to no fewer than 12 consecutive hours if
the pilot has not actually exceeded the maximum 16-hour duty period and
if the pilot's next rest period is at least 16 hours. This subsequent
rest period must be scheduled to begin no later than 24 hours after the
beginning of the reduced rest period and must occur between the
completion of the scheduled duty period and the commencement of the
next duty period.
(2) The duty period required under this paragraph (c) may be
extended to 18 hours when the extension is due to operational delays.
In this case the 14 hour rest period may not be reduced.
(d) A certificate holder may assign a flight crew consisting of 3
pilots, and a pilot may accept, a scheduled duty period of more than 16
hours, but no more than 18 hours. The duty period may not include more
than 16 scheduled hours of flight time. Each pilot must be given an
opportunity to rest in-flight in approved sleeping quarters. Each pilot
must be scheduled for a subsequent rest period of at least 18
consecutive hours. This rest period must occur between the completion
of the scheduled duty period and the commencement of the next
subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (d) may be reduced to no fewer than 16 consecutive hours if
the pilot has not actually exceeded the maximum 18-hour duty period and
if the pilot's next rest period is at least 20 hours. This subsequent
rest period must be scheduled to begin no later than 24 hours after the
beginning of the reduced rest period and must occur between the
completion of the scheduled duty period and the commencement of the
next subsequent duty period.
(2) The duty period required under this paragraph (d) may be
extended to 20 hours when the extension is due to operational delays.
In this case the 18 hour rest period may not be reduced.
(e) If the scheduled duty period includes one or more flights that
land or take off outside the 48 contiguous states and the District of
Columbia, a certificate holder may assign a flight crew consisting of 4
pilots, and a pilot may accept, a scheduled duty period of more than 18
hours but not more than 24 hours. The duty period may not include more
than 18 scheduled hours of flight time. Each pilot must be given an
opportunity to rest in-flight in approved sleeping quarters. Each pilot
must be scheduled for a subsequent rest period of at least 22
consecutive hours. This rest period must occur between the completion
of the scheduled duty period and the commencement of the next
subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (e) may be reduced to no fewer than 20 consecutive hours if
the pilot has not actually exceeded the maximum 24 hour duty period and
if the pilot's next rest period is at least 24 hours. This subsequent
rest period must be scheduled to begin no later than 24 hours after the
beginning of the reduced rest period and must occur between the
completion of the scheduled duty period and the commencement of the
next subsequent duty period.
(2) The duty period required under this paragraph (e) may be
extended to 26 hours when the extension is due to operational delays.
In this case the 22 hour rest period may not be reduced.
Sec. 121.475 Flight engineer duty period limitations, flight time
limitations, and rest requirements.
(a) A certificate holder may assign a scheduled duty period or
reserve assignment to a flight engineer, and a flight engineer may
accept, a scheduled duty period only when the applicable duty period
limitations, flight time limitations, and rest requirements of this
section are met.
(b) Except as provided in paragraphs (c), (d), and (e) of this
section, no certificate holder may assign a flight engineer, and no
flight engineer may accept, a scheduled duty period of more than 14
hours. The duty period may not include more than 10 scheduled hours of
flight time. Each flight engineer must be scheduled for a subsequent
rest period of at least 10 consecutive hours. This rest period must
occur between the completion of the scheduled duty period and the
commencement of the next subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (b) may be reduced to no fewer than 9 consecutive hours if
the flight engineer has not actually exceeded the maximum 14-hour duty
period and if the flight engineer is provided with a subsequent rest
period of at least 11 hours. This subsequent rest period must be
scheduled to begin no later than 24 hours after the beginning of the
reduced rest period and must occur between the completion of the
scheduled duty period and the commencement of the next subsequent duty
period.
(2) The duty period required under this paragraph (b) may be
extended to 16 hours when the extension is due to operational delays.
In this case the 10 hour rest period may not be reduced.
(c) A certificate holder may assign a flight engineer, and a flight
engineer may accept, a scheduled duty period of more than 14 hours, but
no more than 16 hours. The duty period may not include more than 12
scheduled hours of flight time. Each flight engineer must be scheduled
for a subsequent rest period of at least 14 consecutive hours. This
rest period must occur between the completion of the scheduled duty
period and the commencement of the next subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (c) may be reduced to no fewer than 12 consecutive hours if
the flight engineer has not actually exceeded the maximum 16-hour duty
period and if the flight engineer is provided with a subsequent rest
period of at least 16 hours. This subsequent rest period must be
scheduled to begin no later than 24 hours after the beginning of the
reduced rest period and must occur between the completion of the
scheduled duty period and the commencement of the next subsequent duty
period.
(2) The duty period required under this paragraph (c) may be
extended to 18 hours when the extension is due to operational delays.
In this case the 14 hour rest period may not be reduced.
(d) A certificate holder may assign a flight engineer, and a flight
engineer
[[Page 65973]]
may accept, a scheduled duty period of more than 16 hours, but no more
than 18 hours. The duty period may not include more than 16 scheduled
hours of flight time. The certificate holder must assign to the flight
or flights in that duty period at least two flight engineers. Each
flight engineer must be given an opportunity to rest in flight in
approved sleeping quarters. Each flight engineer must be scheduled for
a subsequent rest period of at least 18 consecutive hours. This rest
period must occur between the completion of the scheduled duty period
and the commencement of the next subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (d) may be reduced to no fewer than 16 consecutive hours if
the flight engineer has not actually exceeded the maximum 18-hour duty
period and if the flight engineer is provided with a subsequent rest
period of at least 20 hours. This subsequent rest period must be
scheduled to begin no later than 24 hours after the beginning of the
reduced rest period and must occur between the completion of the
scheduled duty period and the commencement of the next subsequent duty
period.
(2) The duty period required under this paragraph (d) may be
extended to 20 hours when the extension is due to operational delays.
In this case the 18 hour rest period may not be reduced.
(e) If the scheduled duty period includes one or more flights that
land or take off outside the 48 contiguous states and the District of
Columbia, the certificate holder may assign a flight engineer, and a
flight engineer may accept, a scheduled duty period of more than 18
hours but not more than 24 hours. The duty period may not include more
than 18 scheduled hours of flight time. The certificate holder must
assign to the flight or flights in that duty period at least two flight
engineers. Each flight engineer must be given an opportunity to rest
in-flight in approved sleeping quarters. Each flight engineer must be
scheduled for a subsequent rest period of at least 22 consecutive
hours. This rest period must occur between the completion of the
scheduled duty period and the commencement of the next subsequent duty
period.
(1) Due to operational delays, the rest period required under this
paragraph (e) may be reduced to no fewer than 20 consecutive hours if
the flight engineer has not actually exceeded the maximum 24-hour duty
period and if the flight engineer is provided with a subsequent rest
period of at least 24 hours. This subsequent rest period must be
scheduled to begin no later than 24 hours after the beginning of the
reduced rest period and must occur between the completion of the
scheduled duty period and the commencement of the next subsequent duty
period.
(2) The duty period required under this paragraph (e) may be
extended to 26 hours when the extension is due to operational delays.
In this case the 22 hour rest period may not be reduced.
Sec. 121.477 Reserve and standby assignments.
(a) Standby duty. Standby duty commences when a flight crewmember
is placed on standby duty. Standby duty periods must be scheduled in
accordance with Secs. 121.473 or 121.475. Standby duty periods end when
the duty period associated with a subsequent flight assignment ends or
the flight crewmember is relieved from standby duty for a scheduled
rest period.
(b) Reserve time. A certificate holder may assign a reserve
assignment to a flight crewmember and a flight crewmember may accept
that assignment only when the applicable provisions of this section are
met. Each flight crewmember must be given a 10-hour rest period before
being assigned to reserve time. Reserve time may be assigned under
either of the following options and the flight crewmember must be
notified of which option has been selected before the beginning of the
reserve time assignment:
(1) A certificate holder may schedule a flight crewmember assigned
to reserve time and a flight crewmember may accept any duty period if
the flight crewmember receives at least 10 hours notice and if the duty
period is scheduled in accordance with Secs. 121.473 or 121.475. If a
flight crewmember does not receive at least 10 hours notice, the
following limitations apply:
(i) If at least 8 hours notice is given, the scheduled duty period
is limited to no more than 12 hours. The duty period required under
this paragraph (b)(1) may be extended to 14 hours when the extension is
due to operational delays.
(ii) If at least 6 hours notice is given, the scheduled duty period
is limited to no more than 10 hours. The duty period required under
this paragraph (b)(1) may be extended to 12 hours when the extension is
due to operational delays.
(iii) If at least 4 hours notice is given, the scheduled duty
period is limited to no more than 8 hours. The duty period required
under this paragraph (b)(1) may be extended to 10 hours when the
extension is due to operational delays.
(iv) If fewer than 4 hours notice is given, the scheduled duty
period is limited to no more than 6 hours. The duty period required
under this paragraph (b)(1) may be extended to 8 hours when the
extension is due to operational delays.
(2) A certificate holder may assign a flight crewmember to a
reserve assignment, and a flight crewmember may accept a duty period,
if, for each 24-hour period, the flight crewmember receives at least a
regularly scheduled 6-hour period that is protected from any contact by
the certificate holder. The hours of the 6-hour protected time period
must be assigned before the flight crewmember begins the reserve time
assignment and must occur at the same time during each 24-hour period
during a reserve time assignment. Any duty period assignment must be
scheduled to be completed within the 18 hour reserve period. The length
of the duty period and the subsequent rest period must be in accordance
with Secs. 121.473 or 121.475.
Sec. 121.479 Additional flight crewmember duty period and flight time
scheduling limitations.
(a) A flight crewmember is not considered to be scheduled for a
duty period in excess of the scheduled duty period limitations if the
duty periods to which he or she is assigned are scheduled and normally
terminate within the limitations, but, due to operational delays, the
flights to which he or she is assigned are not at block out time
expected to reach their destination within the scheduled duty period.
However, no air carrier may assign a flight crewmember, nor may a
flight crewmember accept, a flight that at block out time would extend
the flight crewmembers scheduled duty period maximum more than two
hours, as provided in Secs. 121.473 and 121.475.
(b) A flight crewmember is not considered to be scheduled for
flight time in excess of the flight time limitations if the flights to
which he or she is assigned are scheduled and normally terminate within
the limitations, but due to operational delays are not at block out
time expected to reach their destination within the scheduled time.
Sec. 121.481 Weekly and monthly flight crewmember flight time
limitations.
No certificate holder may schedule any flight crewmember, and no
flight crewmember may accept, an assignment for flight time under this
part if that flight crewmember's total flight time for a certificate
holder under parts 91, 121, and 135 of this chapter will exceed--
(a) 32 hours in any 7 consecutive calendar days.
(b) 100 hours in any calendar month.
[[Page 65974]]
Sec. 121.483 Additional flight crewmember rest requirements.
(a) No certificate holder may assign any flight crewmember, and no
flight crewmember may accept, any duty period or flight time with the
certificate holder unless the flight crewmember has had at least the
minimum rest required under this subpart.
(b) No certificate holder may assign any flight crewmember and no
flight crewmember may accept any duty with the certificate holder
during any required rest period. For example the flight crewmember may
not be required to contact the certificate holder, answer the
telephone, carry a beeper, remain at a specific location or in any
other way be responsible to the air carrier during a rest period.
(c) Rest periods that are required under this subpart can occur
concurrently with any other rest period.
(d) The reduced rest periods allowed under Secs. 121.473 and
121.475 may only be used due to operational delays and may not be
scheduled in advance.
(e) Each certificate holder shall provide each flight crewmember
who is assigned to one or more duty periods, standby duty, or reserve
time a rest period of at least 36 consecutive hours during any 7
consecutive calendar days.
(f) Each certificate holder must provide each flight crewmember
assigned to assigned time, when the assigned time is not part of a duty
period, a rest period of at least 10 hours before the commencement of a
subsequent duty period.
(g) Each certificate holder must provide each flight crewmember at
least 48 consecutive hours of rest upon return to the flight
crewmember's home base after completion of one or more duty periods
that contain flights that terminate in a time zone or zones that
differs from the time zone of the flight crewmember's home base by 6 or
more hours and the flight crewmember remains in that time zone or zones
for at least 48 consecutive hours. The flight crewmember must receive
this rest before beginning a subsequent duty period. The home base is
determined by the certificate holder and is where that crewmember is
based and receives schedules.
Sec. 121.485 Deadhead transportation.
Time spent in transportation, not local in character, that a
certificate holder requires of a flight crewmember and provides to
transport the crewmember to an airport at which he or she is to serve
on a flight as a crewmember, or from an airport at which he or she was
relieved from duty to return to his or her home station is not
considered part of a rest period. For duty period limitation purposes
the certificate holder and flight crewmember must consider deadhead
time as assigned time or as part of a duty period associated with
flight.
Sec. 121.487 Duty period and flight time limitations: Other flying for
a certificate holder.
No flight crewmember who is employed by a certificate holder
conducting operations under this part may do any other duty or flying
for any certificate holder conducting operations under part 121 or 135
of this chapter if that duty or flying for a certificate holder plus
his or her duty or flying under this part will exceed any duty period
or flight time limitation in this part. This section applies to any
other duty or flying under part 91, part 121 or part 135 of this
chapter for any certificate holder whether the duty or flying precedes
or follows the flight crewmember's flying under this part.
Subpart S--[Removed and reserved]
5. Subpart S (Secs. 121.500 through 121.525) is removed, and the
subpart heading is reserved.
PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
6. The authority citation for part 135 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
7. Section 135.1 is amended by adding a new paragraph (b) to read
as follows
Sec. 135.1 Applicability.
* * * * *
(b) As specified in Sec. 135.275, the duty period limitations,
flight time limitations and rest requirements of this part are also
applicable to duty periods and flight time performed for a certificate
holder conducting operations under part 91 or part 121 of this chapter.
8. The heading for subpart F is revised to read as follows:
Subpart F--Flight Crewmember Duty Period Limitations, Flight Time
Limitations, and Rest Requirements
9. Sections 135.261, 135.263, 135.265, 135.267, 135.269, and
135.273 are revised and 135.275 is added.
Sec. 135.261 Applicability and terms.
(a) This subpart prescribes duty period limitations, flight time
limitations and rest requirements for flight crewmembers in commuter
and on-demand operations.
(b) For the purpose of this subpart the following terms and
definitions apply:
(1) Approved sleeping quarters means an area designated for the
purpose of flight crewmembers obtaining sleep as approved by the
Administrator.
(2) Assigned time is time when the flight crewmember is assigned by
the certificate holder to activities other than flight duties or
reserve time. Assigned time may include activities such as deadhead
transportation, training, loading baggage, taking tickets,
administrative tasks, or any other assignments at the direction of the
certificate holder. Assigned time may be considered part of a duty
period or not part of a duty period, at the discretion of the
certificate holder.
(3) Calendar day means the period of elapsed time, using
Coordinated Universal Time or local time, that begins at midnight and
ends 24 hours later at the next midnight.
(4) Duty period means the period of elapsed time between reporting
for an assignment involving flight time and release from that
assignment by the certificate holder. The time is calculated using
either Coordinated Universal Time or the local time of the flight
crewmember's home base, to reflect the total elapsed time.
(5) Operational delays means delays due to operational conditions
and requirements that are beyond the control of the certificate holder
such as adverse weather, aircraft equipment malfunctions, and air
traffic control. It does not include late arriving passengers, late
food service, late fuel trucks, delays in handling baggage, freight or
mail, or similar events.
(6) Protected time means a period of time during which a
certificate holder may not contact the flight crewmember and the
crewmember has no responsibility for work. Protected time occurs only
during a reserve assignment pursuant to Sec. 121.477(b)(2).
(7) Reserve time means a period of time when a flight crewmember
must be available to report upon notice for duty involving flight time
and the certificate holder allows the flight crewmember at least 1 hour
to report. Reserve time is not considered part of a rest period and is
not considered part of a duty period involving flight time. Reserve
time ends when the flight crewmember reports for a duty period, when
the flight crewmember is notified of a future flight assignment and
released from all further responsibilities until report time for that
assignment, or when the flight crewmember has been relieved for a rest
[[Page 65975]]
period. Reserve time does not include activities defined as ``assigned
time.''
(8) Rest period means the time period free of all restraint or duty
for a certificate holder and free of all responsibility for work or
duty should the occasion arise. ``Free of all restraint'' and ``free of
all responsibility'' would include, but not be limited to, accepting
phone calls, being required to carry a beeper, or being required to
contact the air carrier. If a flight crewmember is not serving in
assigned time, reserve time, standby duty or a duty period, that
crewmember would be in a rest period.
(9) Standby duty means any period of time when a flight crewmember
is required to report for a flight assignment in less than 1 hour from
the time of notification. It also includes time when a flight
crewmember is required to report to and remain at a specific facility
(e.g. airport, crew lounge) designated by a certificate holder. Standby
duty is treated like any other duty associated with flight. Standby
duty commences when the flight crewmember is placed on standby duty.
Standby duty ends when the flight crewmember is relieved from duty
associated with an actual flight or is otherwise relieved from duty.
Sec. 135.263 Pilot duty period limitations, flight time limitations,
and rest requirements.
(a) A certificate holder may assign a scheduled duty period or
reserve assignment to a pilot and a pilot may accept that assignment
only when the applicable duty period limitations, flight time
limitations, and rest requirements of this section are met.
(b) For aircraft for which only one pilot is required, no
certificate holder may assign a pilot and no pilot may accept a
scheduled duty period of more than 14 hours. The duty period may not
include more than 8 scheduled hours of flight time. The pilot must be
scheduled for a rest period of at least 10 consecutive hours. This rest
period must occur between the completion of the scheduled duty period
and the commencement of the next subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (b) may be reduced to no fewer than 9 consecutive hours if
the pilot has not actually exceeded the maximum 14-hour duty period and
if the pilot is provided with a subsequent rest period of at least 11
hours. This subsequent rest period must be scheduled to begin no later
than 24 hours after the beginning of the reduced rest period and must
occur between the completion of the scheduled duty period and the
commencement of the next duty period.
(2) The duty period required under this paragraph (b) may be
extended to 16 hours when the extension is due to operational delays.
In this case the 10 hour rest period may not be reduced.
(c) Except as required in paragraphs (d), (e), and (f) of this
section, no certificate holder may assign a flight crew consisting of
two pilots and no pilot may accept a scheduled duty period of more than
14 hours. The duty period may not include more than 10 scheduled hours
of flight time. Each pilot must be scheduled for a rest period of at
least 10 consecutive hours. This rest period must occur between the
completion of the scheduled duty period and the commencement of the
next duty period.
(1) Due to operational delays, the rest period required under this
paragraph (c) may be reduced to no fewer than 9 consecutive hours if
the pilot has not actually exceeded the maximum 14-hour duty period and
if the pilot is provided with a subsequent rest period of at least 11
hours. This subsequent rest period must be scheduled to begin no later
than 24 hours after the beginning of the reduced rest period and must
occur between the completion of the scheduled duty period and the
commencement of the next duty period.
(2) The duty period required under this paragraph (c) may be
extended to 16 hours when the extension is due to operational delays.
In this case the 10 hour rest period may not be reduced.
(d) A certificate holder may assign a flight crew consisting of 3
pilots and a pilot may accept a scheduled duty period of more than 14
hours, but no more than 16 hours. The duty period may not include more
than 12 scheduled hours of flight time. Each pilot must be scheduled
for a rest period of at least 14 consecutive hours. This rest period
must occur between the completion of the scheduled duty period and the
commencement of the next duty period.
(1) Due to operational delays, the rest period required under this
paragraph (d) may be reduced to no fewer than 12 consecutive hours if
the pilot has not actually exceeded the maximum 16-hour duty period and
if the pilot is provided with a subsequent rest period of at least 16
hours. This subsequent rest period must be scheduled to begin no later
than 24 hours after the beginning of the reduced rest period and must
occur between the completion of the scheduled duty period and the
commencement of the next duty period.
(2) The duty period required under this paragraph (d) may be
extended to 18 hours when the extension is due to operational delays.
In this case the 14 hour rest period may not be reduced.
(e) A certificate holder may assign a flight crew consisting of 3
pilots, and a pilot may accept a scheduled duty period of more than 16
hours, but no more than 18 hours. The duty period may not include more
than 16 scheduled hours of flight time. Each pilot must be given an
opportunity to rest in-flight in approved sleeping quarters. Each pilot
must be scheduled for a rest period of at least 18 consecutive hours.
This rest period must occur between the completion of the scheduled
duty period and the commencement of the next subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (e) may be reduced to no fewer than 16 consecutive hours if
the pilot has not actually exceeded the maximum 18-hour duty period and
if the pilot is provided with a subsequent rest period of at least 20
hours. This subsequent rest period must be scheduled to begin no later
than 24 hours after the beginning of the reduced rest period and must
occur between the completion of the scheduled duty period and the
commencement of the next subsequent duty period.
(2) The duty period required under this paragraph (e) may be
extended to 20 hours when the extension is due to operational delays.
In this case the 18 hour rest period may not be reduced.
(f) If the scheduled duty period includes one or more flights that
land or take off outside the 48 contiguous states and the District of
Columbia, a certificate holder may assign a flight crew consisting of 4
pilots and a pilot may accept a scheduled duty period of more than 18
hours but not more than 24 hours. The duty period may not include more
than 18 scheduled hours of flight time. Each pilot must be given an
opportunity to rest in-flight in approved sleeping quarters. Each pilot
must be scheduled for a rest period of at least 22 consecutive hours.
This rest period must occur between the completion of the scheduled
duty period and the commencement of the next subsequent duty period.
(1) Due to operational delays, the rest period required under this
paragraph (f) may be reduced to no fewer than 20 consecutive hours if
the pilot has not actually exceeded the maximum 24 hour duty period and
if the pilot is provided with a subsequent rest period of at least 24
hours. This subsequent rest period must be scheduled to begin no later
than 24 hours after the beginning of the reduced rest period and must
occur between the completion of the
[[Page 65976]]
scheduled duty period and the commencement of the next subsequent duty
period.
(2) The duty period required under this paragraph (f) may be
extended to 26 hours when the extension is due to operational delays.
In this case the 22 hour rest period may not be reduced.
Sec. 135.265 Reserve and standby assignments.
(a) Standby duty. Standby duty commences when a flight crewmember
is placed on standby duty assignment. Standby duty periods must be
scheduled in accordance with Sec. 135.263. Standby duty periods end
when the duty period associated with a subsequent flight assignment
ends or the flight crewmember is relieved from standby duty for a
scheduled rest period.
(b) Reserve time. A certificate holder may assign a reserve
assignment to a flight crewmember and a flight crewmember may accept
that assignment only when the applicable provisions of this section are
met. Each flight crewmember must be given a 10-hour rest period before
being assigned to reserve time. Reserve time may be assigned under
either of the following options and the flight crewmember must be
notified of which option has been selected before the beginning of the
reserve time assignment:
(1) A certificate holder may schedule a flight crewmember assigned
to reserve time and a flight crewmember may accept any duty period if
the flight crewmember receives at least 10 hours notice and if the duty
period is scheduled in accordance with Sec. 135.263. If a flight
crewmember does not receive at least 10 hours notice, the following
limitations apply:
(i) If at least 8 hours notice is given the scheduled duty period
is limited to no more than 12 hours. The duty period required under
this paragraph (b)(1) may be extended to 14 hours when the extension is
due to operational delays.
(ii) If at least 6 hours notice is given the scheduled duty period
is limited to no more than 10 hours. The duty period required under
this paragraph (b)(1) may be extended to 12 hours when the extension is
due to operational delays.
(iii) If at least 4 hours notice is given the scheduled duty period
is limited to no more than 8 hours. The duty period required under this
paragraph (b)(1) may be extended to 10 hours when the extension is due
to operational delays.
(iv) If fewer than 4 hours notice is given the scheduled duty
period is limited to no more than 6 hours. The duty period required
under this paragraph (b)(1) may be extended to 8 hours when the
extension is due to operational delays.
(2) A certificate holder may assign a flight crewmember to a
reserve assignment and a flight crewmember may accept a duty period if,
for each 24-hour period, the flight crewmember receives at least a
regularly scheduled 6-hour period that is protected from any contact by
the certificate holder. The hours of the 6-hour protected time period
must be assigned before the flight crewmember begins the reserve time
assignment and must occur at the same time during each 24-hour period
during a reserve time assignment. Any duty period assignment must be
scheduled to be completed within the 18 hour reserve period. The length
of the duty period and the subsequent rest period must be in accordance
with Sec. 135.263.
Sec. 135.267 Additional flight crewmember duty period and flight time
scheduling limitations.
(a) A flight crewmember is not considered to be scheduled for a
duty period in excess of the scheduled duty period limitations if the
duty periods to which he or she is assigned are scheduled and normally
terminate within the limitations, but, due to operational delays, the
flights to which he or she is assigned are not at block out time
expected to reach their destination within the scheduled duty period.
However, no air carrier may schedule a flight crewmember, nor may a
flight crewmember accept a flight that at block out time would extend
the flight crewmembers scheduled duty period maximum more than two
hours, as provided in Sec. 135.263.
(b) A flight crewmember is not considered to be scheduled for
flight time in excess of the flight time limitations if the flights to
which he or she is assigned are scheduled and normally terminate within
the limitations, but due to operational delays are not at block out
time expected to reach their destination within the scheduled time.
Sec. 135.269 Weekly and monthly flight crewmember flight time
limitations.
No certificate holder may schedule any flight crewmember and no
flight crewmember may accept an assignment for flight time under this
part if that flight crewmember's total flight time for a certificate
holder under parts 91, 121, and 135 of this chapter will exceed--
(a) 32 hours in any 7 consecutive calendar days.
(b) 100 hours in any calendar month.
Sec. 135.271 Additional flight crewmember rest requirements.
(a) No certificate holder may assign any flight crewmember and no
flight crewmember may accept any duty period or flight time with the
certificate holder unless the flight crewmember has had at least the
minimum rest required under this subpart.
(b) No certificate holder may assign any flight crewmember and no
flight crewmember may accept any duty with the certificate holder
during any required rest period. For example the flight crewmember may
not be required to contact the certificate holder, answer the
telephone, carry a beeper, remain at a specific location or in any
other way be responsible to the air carrier during a rest period.
(c) Rest periods that are required under this subpart can occur
concurrently with any other rest period.
(d) The reduced rest periods allowed under Sec. 135.263 may only be
used due to operational delays and may not be scheduled in advance.
(e) Each certificate holder shall provide each flight crewmember
who is assigned to one or more duty periods, standby duty, or reserve
time a rest period of at least 36 consecutive hours during any 7
consecutive calendar days.
(f) Each certificate holder must provide each flight crewmember
assigned to assigned time, when the assigned time is not part of a duty
period, a rest period of at least 10 hours before the commencement of a
subsequent duty period.
(g) Each certificate holder must provide each flight crewmember at
least 48 consecutive hours of rest upon return to the flight
crewmember's home base after completion of one or more duty periods
that terminate in a time zone or zones that differs from the time zone
of the flight crewmember's home base by 6 or more hours and the flight
crewmember remains in that time zone or zones for at least 48
consecutive hours. The flight crewmember must receive this rest before
beginning a subsequent duty period. The home base is determined by the
certificate holder and is where that crewmember is based and receives
schedules.
Sec. 135.273 Deadhead transportation.
Time spent in transportation, not local in character, that a
certificate holder requires of a flight crewmember and provides to
transport the crewmember to an airport at which he or she is to serve
on a flight as a crewmember, or from an airport at which he or she was
relieved from duty to return to his or her home station is not
considered part of a rest period. For
[[Page 65977]]
duty period limitation purposes the certificate holder and flight
crewmember must consider deadhead time as assigned time or as part of a
duty period associated with flight.
Sec. 135.275 Duty period and flight time limitations: Other flying for
a certificate holder.
No flight crewmember who is employed by a certificate holder
conducting operations under this part may do any other duty or flying
for a certificate holder conducting operations under part 121 or part
135 of this chapter if that duty or flying for a certificate holder
plus his or her duty or flying under this part will exceed any duty
period or flight time limitation in this part. This section applies to
any other duty or flying under part 91, part 121, or part 135 of this
chapter for a certificate holder whether the duty or flying precedes or
follows the flight crewmember's flying under this part.
Sec. 135.271 [Redesignated as Sec. 135.277]
10. Section 135.271 is redesignated as Sec. 135.277 and revised to
read as follows:
Sec. 135.277 Additional flight crewmember rest requirements.
(a) No certificate holder may assign any flight crewmember and no
flight crewmember may accept any duty period or flight time with the
certificate holder unless the flight crewmember has had at least the
minimum rest required under this subpart.
(b) No certificate holder may assign any flight crewmember and no
flight crewmember may accept any duty with the certificate holder
during any required rest period. For example the flight crewmember may
not be required to contact the certificate holder, answer the
telephone, carry a beeper, remain at a specific location or in any
other way be responsible to the air carrier during a rest period.
(c) Rest periods that are required under this subpart can occur
concurrently with any other rest period.
(d) The reduced rest periods allowed under Sec. 135.263 may only be
used due to operational delays and may not be scheduled in advance.
(e) Each certificate holder shall provide each flight crewmember
who is assigned to one or more duty periods, standby duty, or reserve
time a rest period of at least 36 consecutive hours during any 7
consecutive calendar days.
(f) Each certificate holder must provide each flight crewmember
assigned to assigned time, when the assigned time is not part of a duty
period, a rest period of at least 10 hours before the commencement of a
subsequent duty period.
(g) Each certificate holder must provide each flight crewmember at
least 48 consecutive hours of rest upon return to the flight
crewmember's home base after completion of one or more duty periods
that terminate in a time zone or zones that differs from the time zone
of the flight crewmember's home base by 6 or more hours and the flight
crewmember remains in that time zone or zones for at least 48
consecutive hours. The flight crewmember must receive this rest before
beginning a subsequent duty period. The home base is determined by the
certificate holder and is where that crewmember is based and receives
schedules.
Issued in Washington, D.C., on December 11, 1995.
Thomas C. Accardi,
Acting Director, Flight Standards Service.
[FR Doc. 95-30547 Filed 12-14-95; 8:45 am]
BILLING CODE 4910-13-U
