19632 Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Proposed Rules 

purpose of § 121.503(b) ‘‘is to assure an adequate 

rest period when such deviations do occur’’). 

4The FAA has consistently interpreted ‘‘adequate 

sleeping quarters on the airplane’’ to mean a bunk 

or a berth, but that it is a matter of safety policy 

to consider each air carrier’s means of compliance 

on its individual merits. See Legal Interpretation to 

Daniel J. Wells, from Donald P. Byrne, Assistant 

Chief Counsel for Regulations (Sept. 22, 2003); 

Legal Interpretation to William W. Edmunds, Jr., 

from John Cassady, Assistant Chief Counsel, 

Regulations and Enforcement Division (Apr. 22, 

1986). A passenger seat, even if it reclines, is not 

considered to be adequate sleeping quarters. Id. 

carrier would not be able to conduct this 

operation as a non-stop flight under 

these sections of the rules. 

III. Overseas and International 

Supplemental Operation Flight Time 

Limitations 

The next question is whether the 

flight could be conducted under the 

‘‘international rules’’ found in § 121.515 

and §§ 121.521 through 121.525 if the 

certificate holder makes that election 

under § 121.513. In connection with that 

question is the issue of when and under 

what circumstances ‘‘adequate sleeping 

quarters’’ are required. 

First, § 121.521 states that an airman 

may not be scheduled to be ‘‘aloft as a 

member of the flight crew in an airplane 

that has a crew of two pilots and at least 

one additional flight crewmember for 

more than 12 hours during any 24 

consecutive hours.’’ Because the 

hypothetical flight in question is 

scheduled to be aloft for 12.5 hours, it 

could not be conducted with only two 

pilots and one additional flight 

crewmember because a certificate 

holder may only schedule this crew 

complement for 12 total hours aloft or 

less. 

Next, § 121.523 establishes the flight 

time limitations for a crew of three or 

more pilots and additional airmen as 

required. Unlike § 151.521, this section 

allows flights lasting longer than 12 

hours. In consideration of the longer 

flights, § 121.523 requires a crew of at 

least three pilots and additional airmen 

as required, provides additional rest 

provisions, limits flight deck duty time 

for flight engineers and navigators, and 

requires the certificate holder to 

‘‘provide adequate sleeping quarters on 

the airplane whenever an airman is 

scheduled to be aloft as a flight 

crewmember for more than 12 hours 

during any 24 consecutive hours.’’ 

§ 121.523(b). Because the operation in 

question is scheduled with a four-pilot 

complement, it would meet the crew 

requirements under this section. 

However, in order to operate under this 

provision, the certificate holder would 

need to comply with all of the 

provisions of § 121.523, including the 

need to provide adequate sleeping 

quarters on the airplane.4

IV. Conclusion 

Therefore, the hypothetical 

supplemental air carrier operation in 

which four pilots are scheduled to 

conduct a non-stop flight lasting 12.5 

hours, between a point outside the 

contiguous United States and a point in 

the contiguous United States, or other 

locations permitting the § 121.513 

election, could only be operated under 

the flight time limitations of § 121.523 

(including the required crew rest 

facilities on board the aircraft). It could 

not be conducted as proposed under the 

provisions of §§ 121.503, 121.509 or 

121.521. 

Issued in Washington, DC, on March 25, 

2013. 

Mark W. Bury, 

Acting Assistant Chief Counsel for 

International, Law, Legislation and 

Regulations, AGC–200. 

[FR Doc. 2013–07375 Filed 4–1–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Office of the Secretary of Labor 

29 CFR Part 15 

Employment and Training 

Administration 

20 CFR Parts 638 and 670 

RIN 1290–AA25 

Administrative Claims Under the 

Federal Tort Claims Act and Related 

Statutes 

AGENCY: Office of the Secretary, 

Employment and Training 

Administration, Department of Labor. 

ACTION: Withdrawal of proposed rule. 

SUMMARY: With this document, the 

Department of Labor (DOL) is 

withdrawing its proposed rule that 

accompanied its direct final rule 

revising the regulations governing 

administrative claims under the Federal 

Tort Claims Act and related statutes. 

DATES: Effective April 2, 2013 the 

proposed rule published on April 13, 

2012 (77 FR 22236), is withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Catherine P. Carter, Counsel for Claims 

and Compensation, Office of the 

Solicitor, U.S. Department of Labor, 

Room S–4325, 200 Constitution Avenue 

NW., Washington, DC 20210, 

Telephone: 202–693–5320 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access this telephone number via TTY 

by calling the toll-free Federal 

Information Relay Service at 1–800– 

877–8339. 

SUPPLEMENTARY INFORMATION: On April 

13, 2012, DOL published a direct final 

rule (77 FR 22204) and concurrent 

notice of proposed rulemaking, 

proposing to amend the regulations 

governing administrative claims under 

the Federal Tort Claims Act and related 

statutes. In both the direct final rule and 

notice of proposed rulemaking, DOL 

explained that if no significant adverse 

comments were received to the notice of 

proposed rulemaking, DOL would 

withdraw the proposed rule and the 

direct final rule would become effective 

on July 12, 2012 without further notice. 

DOL has received no comments 

regarding either the direct final rule or 

the notice of proposed rulemaking. 

Accordingly, DOL is not proceeding 

with the proposed rule and is 

withdrawing it from the rulemaking 

process. DOL is also confirming the 

effective date of the direct final rule as 

July 12, 2012. 

Signed at Washington, DC, the 28th of 

February, 2013. 

M. Patricia Smith, 

Solicitor of Labor. 

[FR Doc. 2013–07525 Filed 4–1–13; 8:45 am] 

BILLING CODE 4510–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2013–0145] 

RIN 1625–AA08 

Special Local Regulations; St. Thomas 

Carnival Watersport Activities, 

Charlotte Amalie Harbor; St Thomas, 

USVI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a special local regulation on 

the waters of Charlotte Amalie Harbor in 

St Thomas, USVI during the St. Thomas 

Carnival Watersport Activities, a high 

speed boat race. The event is scheduled 

to take place on Sunday, April 21, 2013. 

Approximately 40 high-speed power 

boats will be participating in the races 

and it is anticipated that 50 spectator 

crafts will be present during the races. 

The special local regulation is necessary 

for the safety of race participants, 


tkelley on DSK3SPTVN1PROD with PROPOSALS