[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8361-8362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02504]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 117, 119, and 121
[Docket No. FAA-2009-1093; Amdt. Nos. 117-1, 119-16, 121-357]
RIN 2120-AJ58
Flightcrew Member Duty and Rest Requirements; Technical
Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; technical correction.
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SUMMARY: The FAA is correcting the final flightcrew member duty and
rest rule published on January 4, 2012. In that rule, the FAA amended
its existing flight, duty and rest regulations applicable to
certificate holders and their flightcrew members operating certain
domestic, flag, and supplemental operations. This document corrects
several issues requiring a technical correction in the codified text of
the final flightcrew member duty and rest rule.
DATES: Effective January 14, 2014.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Dale E. Roberts, AFS-200, Flight Standards
Service, Air Transportation Division Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
5749; email: dale.e.roberts@faa.gov.
For legal questions concerning this action, contact Alex Zektser,
AGC-220, Office of Chief Counsel, Regulations Division, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-3073; email: alex.zektser@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2012, the FAA published a final rule entitled
``Flightcrew Member Duty and Rest Requirements'' (77 FR 330). In that
rule, the FAA created a new part, part 117, which replaced the then-
existing flight, duty, and rest regulations for part 121 passenger
operations. As part of this rulemaking, the FAA also applied the new
part 117 to certain part 91 operations, and it permitted all-cargo
operations operating under part 121 to voluntarily opt into the part
117 flight, duty, and rest regulations.
After the final rule was published, the FAA discovered several
issues requiring a technical correction in the regulatory
[[Page 8362]]
text of the rule. These issues, and the corresponding technical
corrections, are as follows.
Technical Corrections
1. Reporting a Flight Time Extension
Subsections 117.11(c)(2) and (d) contain requirements that are
triggered if the certificate holder uses a flight-time extension for
circumstances that are within the certificate holder's control.
However, pursuant to Sec. 117.11(b), a flight-time extension can only
be taken for unforeseen operational circumstances that are ``beyond the
certificate holder's control.'' Because a flight time extension cannot
be taken for circumstances that are within the control of the
certificate holder, the provisions of Sec. 117.11(c)(2) and (d) are
unnecessary and have been removed.
2. Applying Sec. 117.19 Extensions to Short-Call Reserve Limits
The regulatory text of Sec. 117.19 in the final rule permits
extensions to flight duty periods but does not permit extensions to the
short-call reserve limits specified in Sec. 117.21(c)(3) and (4).
Because these short-call-reserve limits were not intended to be more
stringent than flight-duty-period limits, Sec. 117.19 has been
corrected to provide an extension for the short-call-reserve limits
specified in Sec. 117.21(c)(3) and (4).
3. Requirements for the 56-Hour Rest Period
The regulatory text of Sec. 117.25(d) has been corrected to
clarify that the rest requirements of that subsection are triggered if
a flightcrew member: (1) Travels more than 60 degrees longitude during
a flight duty period or series of flight duty periods; and (2) is away
from home base for over 168 consecutive hours during this travel.
4. Applying Sec. 117.29 Extensions to Short-Call Reserve Limits
Similar to the Sec. 117.19 discussion above, Sec. 117.29(b) also
allows for an extension of flight-duty-period limits but does not allow
for an extension of short-call-reserve limits. As such, Sec. 117.29(b)
has been corrected to allow short-call reserve to have the same
extension as a flight duty period.
Accordingly, in the final rule, FR Doc. 2011-33078, published on
January 4, 2012 (77 FR 330), make the following corrections:
Sec. 117.11 [Corrected]
0
1. On pages 399 and 400, in the third column on page 399 and the first
column of page 400, in Sec. 117.11, revise paragraph (c) and remove
paragraph (d).
The revision reads as follows:
``(c) Each certificate holder must report to the Administrator
within 10 days any flight time that exceeded the maximum flight time
limits permitted by this section. The report must contain a description
of the extended flight time limitation and the circumstances
surrounding the need for the extension.
Sec. 117.19 [Corrected]
0
2. On page 400, in the second column, in Sec. 117.19, paragraph (a)(1)
is revised to read as follows:
``(1) The pilot in command and the certificate holder may extend
the maximum flight duty period permitted in Tables B or C of this part
up to 2 hours. The pilot in command and the certificate holder may also
extend the maximum combined flight duty period and reserve availability
period limits specified in Sec. 117.21(c)(3) and (4) of this part up
to 2 hours.''
Sec. 117.25 [Corrected]
0
3. On page 401, in the second column, in Sec. 117.25, paragraph (d) is
revised to read as follows:
``(d) A flightcrew member must be given a minimum of 56 consecutive
hours rest upon return to home base if the flightcrew member: (1)
Travels more than 60[deg] longitude during a flight duty period or a
series of flight duty period, and (2) is away from home base for more
than 168 consecutive hours during this travel. The 56 hours of rest
specified in this section must encompass three physiological nights'
rest based on local time.''
Sec. 117.29 [Corrected]
0
4. On page 401, in the third column, in Sec. 117.29, paragraph (b) is
revised to read as follows:
``(b) The pilot-in-command may determine that the maximum
applicable flight duty period, flight time, and/or combined flight duty
period and reserve availability period limits must be exceeded to the
extent necessary to allow the flightcrew to fly to the closest
destination where they can safely be relieved from duty by another
flightcrew or can receive the requisite amount of rest prior to
commencing their next flight duty period.''
Issued in Washington, DC on January 31, 2013.
Mark W. Bury,
Acting Assistant Chief Counsel for International Law, Legislation, and
Regulations Division, AGC-200.
[FR Doc. 2013-02504 Filed 2-5-13; 8:45 am]
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