[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9221]
[[Page Unknown]]
[Federal Register: April 18, 1994]
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Part III
Department of Transportation
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Federal Aviation Administration
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14 CFR Parts 121, 125 and 135
Operator Flight Attendant English Language Program; Proposed Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 125 and 135
[Docket No. 27694; Notice No. 94-11]
RIN 2120-AE98
Operator Flight Attendant English Language Program
AGENCY: Federal Aviation Administration, DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: The FAA is considering rulemaking to establish requirements to
ensure that flight attendants understand sufficient English language to
communicate, coordinate, and perform all required safety related
duties. If the FAA actually proposes such a requirement, it would be
comparable to regulatory requirements for other crewmembers and
dispatchers. Improvements in communication, coordination, and
performance of required safety related duties that may result from this
regulatory process would benefit crewmembers and passengers.
DATES: Comments must be submitted on or before July 18, 1994.
ADDRESSES: Comments on this notice should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Docket No. 27694, 800 Independence
Avenue, SW., Washington, DC 20591.
Comments delivered must be marked Docket No. 27694. Comments may be
examined in room 915G weekdays between 8:30 a.m. and 5 p.m., except on
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Donell Pollard, Project Development Branch, AFS-203, Air Transportation
Division, Office of Flight Standards, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone (202)
267-3735.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of a
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from any future
rulemaking action are also invited. Substantive comments should be
accompanied by cost estimates. Communications should identify the
regulatory docket or notice number and should be submitted in
triplicate to the Rules Docket address specified above. All
communications received on or before the closing date for comments
specified will be considered by the Administrator before rulemaking
action is taken. All comments received will be available, both before
and after the closing date for comment, in the Rules Docket for
examination by interested persons. A report summarizing each
substantive public contact with Federal Aviation Administration (FAA)
personnel concerned with this rulemaking will be filed in the docket.
Persons wishing the FAA to acknowledge receipt of their comments must
include a preaddressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. 27694.'' The postcard will
be date stamped and mailed to the commenter.
Availability of ANPRM
Any person may obtain a copy of this ANPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-230, 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3484. Communications
must identify the notice number of this ANPRM.
Persons interested in being placed on the mailing list for future
rulemaking actions should request from the above office a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
Background
It is essential that all flight crewmembers, dispatchers, and air
traffic controllers, be able to communicate with each other. Sections
61.83, 61.103, and 61.123 of the Federal Aviation Regulations (FAR)
require that a person, in order to be eligible to receive a special
pilot certificate without limitations, be able to read, write, and
understand the English language. Section 61.151 of the FAR requires
that a person, in order to be eligible for an airline transport pilot
certificate, to be able to read, write, and understand the English
language and speak it without accent or impediment of speech that would
interfere with two-way radio conversation. Additionally, persons
eligible to be flight engineers, navigators, and dispatchers are
required to be able to read, write and understand the English language.
The primary objective of these rules is to insure communication and
coordination among crewmembers and others who have duties related to
the safe operation of a flight. The Aviation Rulemaking Advisory
Committee, an entity comprised of aviation related organizations that
advise the FAA on various regulatory issues, has stated that it is
inconsistent to assign flight attendants safety related duties aboard
flights without ensuring that they have the ability to effectively
communicate and coordinate these duties with other crewmembers.
Possible Rulemaking
This notice is to inform the public that the FAA is considering
amending the applicable portions of parts 121, 125 and 135 of the FAR
by requiring certificate holders to establish a program to ensure that
flight attendants understand sufficient English to communicate,
coordinate and perform all required safety related duties.
The FAA is issuing this Advance Notice of Proposed Rulemaking to
gather operational and economic data for use in determining whether to
develop a Notice of Proposed Rulemaking (NPRM). The FAA is seeking
information in the following specific areas:
Nature of the Problem
(1) What are the safety related duties that would be affected by
lack of proficiency in the English language?
(2) What are the actual or potential safety related problems, if
any, caused by a lack of English language proficiency on the part of
the flight attendants?
(3) What level of understanding and fluency should a flight
attendant have in order to perform safety related duties?
(4) What constitutes sufficient English language proficiency for
operations conducted by the certificate holders?
Extent of the Problem
(5) How many flight attendants are serving with United States
operators who do not possess English language proficiency? (Please
provide information regarding the basis, source or criteria used to
formulate the number of flight attendants that do not possess English
language proficiency.)
Cost
(6) What would be the average cost of training each flight
attendant who is not proficient in the English language, to the extent
necessary, to be proficient in the English language?
(7) What would be the cost of replacing a flight attendant who is
not proficient in the English language?
(8) Would there be a need to hire additional personnel to train
flight attendants who are not proficient in the English language?
Present Practices
(9) How are flight attendants, who are not proficient in the
English language, given duty assignments?
(10) Is an effort made to have at least one English speaking flight
attendant on each flight?
(11) Are flight attendants, who are not proficient in the English
language, routinely assigned to certain positions on a flight?
(12) When foreign operators function with flight attendants who do
not speak the language of the operator or English, how are these flight
attendants assigned to positions on the flight?
(13) How do foreign governments ensure that flight attendants
possess the language skills necessary to perform crew coordination
duties?
Method of Ensuring Proficiency
(14) What type of program, procedures, or standard should be used
to ensure that flight attendants possess the necessary proficiency in
the English language to communicate, coordinate and perform all safety
related duties?
(15) Should all flight attendants be proficient in the English
language? If not, why not?
(16) What percentage of flight attendants on a flight should be
proficient in the English language? (Please provide the basis for your
analysis).
Regulatory Process Matters
Economic Impact
The FAA is presently unable to determine the likely costs of
imposing regulations affecting an operator flight attendant English
language program. Following a review of the responses submitted to this
ANPRM, the FAA will determine what regulatory requirements will be
proposed, if any, and will review the potential costs and benefits, as
required by Executive Order 12866. As discussed above, the FAA is
seeking relevant cost data to facilitate the FAA's determinations.
Other Regulatory Matters
At this preliminary stage, it is not possible to determine whether
there will be a significant economic impact on a substantial number of
small entities or what the paperwork burden might be. These regulatory
matters will be addressed at the time of publication of any NPRM on
this subject.
Federalism Implications
Federalism implications, if any, will be discussed if an NPRM is
issued.
List oF Subjects
14 CFR Part 121
Aircraft, Airmen, Aviation safety, Safety.
14 CFR Part 125
Aircraft, Airmen, Aviation safety.
14 CFR Part 135
Air taxes, Aircraft, Airmen, Aviation safety.
Authority: [for Part 121] 49 U.S.C. app. 1354(a), 1355, 1356,
1357, 1401, 1421-1430, 1472, 1485, and 1502; 49 U.S.C. 106(g)
(Revised Pub. L. 97-449, January 12, 1983).
Authority: [for Part 125] 49 U.S.C. 1354, 1421 through 1430, and
1502; 49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 12, 1983).
Authority: [for Part 135] 49 U.S.C. 1354(a), 1355(a), 1421
through 1431, and 1502; 49 U.S.C. 106(g) (Revised Pub. L. 97-449,
January 12, 1983.
Issued in Washington, DC, on April 8, 1994.
Thomas C. Accardi,
Director, Flight Standards Service.
[FR Doc. 94-9221 Filed 4-15-94; 8:45 am]
BILLING CODE 4910-13-M
