Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Proposed Rules 67983 

fiberboard core, hardboard core, or 

special core or special back material 

joined with an adhesive. 

(g) Manufacturing means the process 

of transforming logs into hardwood 

lumber, or the process of creating 

hardwood lumber products, valueadded hardwood lumber products, or 

hardwood plywood. 

(h) Order means the Hardwood 

Lumber Promotion, Research and 

Information Order. 

(i) Person means any individual, 

group of individuals, partnership, 

corporation, association, cooperative, or 

any other legal entity. For the purpose 

of this definition, the term 

‘‘partnership’’ includes, but is not 

limited to: 

(1) A spouse who has title to, or 

leasehold interest in, a hardwood 

lumber manufacturing entity as tenants 

in common, joint tenants, tenants by the 

entirety, or, under community property 

laws, as community property; and 

(2) So called ‘‘joint ventures’’ wherein 

one or more parties to an agreement, 

informal or otherwise, contributed land, 

facilities, capital, labor, management, 

equipment, or other services, or any 

variation of such contributions by two 

or more parties, so that it results in the 

manufacturing of covered hardwood 

lumber and the authority to transfer title 

to the hardwood lumber so 

manufactured. 

(j) Referendum agent or agent means 

the individual or individuals designated 

by the Secretary to conduct the 

referendum. 

(k) Representative period means the 

period designated by the Department. 

(l) United States means collectively 

the 50 states, the District of Columbia, 

the Commonwealth of Puerto Rico, and 

the territories and possessions of the 

United States. 

§ 1211.102 Voting. 

(a) Each eligible manufacturer of 

covered hardwood lumber shall be 

entitled to cast only one ballot in the 

referendum. However, each 

manufacturer in a landlord/tenant 

relationship or a divided ownership 

arrangement involving totally 

independent entities cooperating only to 

manufacture covered hardwood lumber, 

in which more than one of the parties 

is a manufacturer, shall be entitled to 

cast one ballot in the referendum 

covering only such manufacturer’s share 

of ownership. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate manufacturer, or an 

administrator, executor or trustee of an 

eligible entity may cast a ballot on 

behalf of such entity. Any individual so 

voting in a referendum shall certify that 

such individual is an officer or 

employee of the eligible entity, or an 

administrator, executive, or trustee of an 

eligible entity and that such individual 

has the authority to take such action. 

Upon request of the referendum agent, 

the individual shall submit adequate 

evidence of such authority. 

(c) A single entity who manufactures 

covered hardwood lumber may cast one 

vote in the referendum. 

(d) All ballots are to be cast by mail 

or other means, as instructed by the 

Department. 

§ 1211.103 Instructions. 

The referendum agent shall conduct 

the referendum, in the manner provided 

in this subpart, under the supervision of 

the Administrator. The Administrator 

may prescribe additional instructions, 

consistent with the provisions of this 

subpart, to govern the procedure to be 

followed by the referendum agent. Such 

agent shall: 

(a) Determine the period during 

which ballots may be cast; 

(b) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter; 

(c) Give reasonable public notice of 

the referendum: 

(1) By using available media or public 

information sources, without incurring 

advertising expense, to publicize the 

dates, places, method of voting, 

eligibility requirements, and other 

pertinent information. Such sources of 

publicity may include, but are not 

limited to, print and radio; and 

(2) By such other means as the agent 

may deem advisable. 

(d) Mail to eligible manufacturers 

whose names and addresses are known 

to the referendum agent, the 

instructions on voting, a ballot, and a 

summary of the terms and conditions of 

the proposed Order. No person who 

claims to be eligible to vote shall be 

refused a ballot; 

(e) At the end of the voting period, 

collect, open, number, and review the 

ballots and tabulate the results in the 

presence of an agent of a third party 

authorized to monitor the referendum 

process; 

(f) Prepare a report on the referendum; 

and 

(g) Announce the results to the public. 

§ 1211.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. Each individual so 

appointed may be authorized by the 

agent to perform any or all of the 

functions which, in the absence of such 

appointment, shall be performed by the 

agent. 

§ 1211.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1211.106 Referendum report. 

Except as otherwise directed, the 

referendum agent shall prepare and 

submit to the Administrator a report on 

the results of the referendum, the 

manner in which it was conducted, the 

extent and kind of public notice given, 

and other information pertinent to the 

analysis of the referendum and its 

results. 

§ 1211.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1211.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. is OMB control number 0581– 

NEW. 

Dated: November 6, 2013. 

Rex A. Barnes, 

Associate Administrator. 

[FR Doc. 2013–27107 Filed 11–12–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2013–0944] 

Proposed Legal Interpretation 

AGENCY: Federal Aviation 

Administration (FAA) 

ACTION: Proposed legal interpretation. 


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67984 Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Proposed Rules 

1Section 121.432(a) states, ‘‘Except in the case of 

operating experience under § 121.434, a pilot who 

serves as second in command of an operation that 

requires three or more pilots must be fully qualified 

to act as pilot in command of that operation.’’ 

2Section 121.543(b)(3)(ii) allows a required 

flightcrew member to leave the assigned duty 

station if the crewmember is taking a rest and relief 

is provided, ‘‘In the case of the assigned second in 

command, by a pilot qualified to act as second in 

command of that aircraft during en route 

operations. However, the relief pilot need not meet 

the recent experience requirements of § 121.439(b).’’ 

The agency notes that the requirements for PIC 

relief are independent from the requirements for 

SIC relief. Requirements for PIC relief for purposes 

of rest during the en route cruise portion of the 

flight can be found in a separate paragraph, 

§ 121.543(b)(3)(i). An assigned PIC may only be 

relieved by a pilot who holds an ATP and 

appropriate type rating. See 14 CFR 121.543(b)(3)(i). 

Further, the PIC relief pilot may be either a fully 

qualified PIC or an SIC qualified to act as PIC en 

route. See id. An SIC qualified to act as PIC en route 

means an SIC who has completed all PIC 

qualification requirements except for the following: 

6-month recurrent training required by 

§ 121.433(c)(1)(iii); the operating experience 

required by § 121.434; the takeoffs and landings 

required by § 121.439; the line check required by 

§ 121.440; and the 6-month proficiency check or 

simulator training required by § 121.441(a)(1). See 

id. 

SUMMARY: The FAA is proposing to 

clarify the qualification requirements for 

the pilot assigned as second in 

command on a flight in part 121 

operations that requires three or more 

pilots and the pilot who provides relief 

to the assigned second in command 

during the en route cruise portion of the 

flight. 

DATES: Comments must be received on 

or before January 13, 2014. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2013–0944 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Bring 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: Sara 

Mikolop, Attorney, Regulations 

Division, Office of the Chief Counsel, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: 202– 

267–3073. 

SUPPLEMENTARY INFORMATION: The 

Federal Aviation Administration’s 

Office of the Chief Counsel has received 

multiple requests for a legal 

interpretation regarding (1) the 

qualification requirements for both an 

assigned SIC on a part 121 flight 

requiring three or more pilots and (2) 

the qualification requirements for the 

pilot who relieves the assigned second 

in command (SIC) during the en route 

cruise portion of a flight. This proposed 

legal interpretation addresses the 

qualification requirements for the 

assigned SIC and the pilot relieving the 

assigned SIC. The agency is seeking 

comments on this proposed legal 

interpretation because, while the 

existing interpretations with respect to 

the requirements of § 121.432(a) are 

clear, these interpretations may not be 

consistently applied and the agency is 

considering whether they are still 

appropriate. 

Part 121 requires a minimum of two 

pilots for every operation and states that 

‘‘the certificate holder shall designate 

one pilot as pilot in command and the 

other second in command.’’ See 14 CFR 

121.385(c). However, certain part 121 

operations require more than two pilots 

due to the operating rules that address 

pilot flight duty and rest, limiting the 

amount of time a pilot may be aloft or 

at the controls. See 14 CFR part 121, 

subparts R and S. By assigning one or 

more additional pilots to a long range 

flight, a certificate holder can ensure 

that the assigned pilot in command 

(PIC) and assigned SIC may each have 

an opportunity to rest during the flight 

if needed or if required to comply with 

the flight duty and rest requirements of 

part 121. 

In those instances in which a part 121 

operation requires three or more pilots, 

§ 121.432(a) 1 establishes additional 

qualification standards for the assigned 

SIC. Section 121.432(a) requires a pilot 

who serves as SIC of an operation that 

requires three or more pilots to meet all 

PIC qualification requirements except 

for PIC operating experience. See Legal 

Interpretation 1978–27. The agency 

explained in the preamble to the 

provision now codified at § 121.432(a) 

that this provision is not limited to one 

particular aspect of PIC qualification. 

See 35 FR 84, 87 (Jan. 3, 1970); Legal 

Interpretation 1978–27. Rather, it covers 

broad PIC qualification requirements, 

inclusive of PIC proficiency checks. See 

30 FR 6725, 6725 (May 18, 1965) 

(requiring the second in command in a 

crew requiring three or more pilots to 

complete the same semi-annual 

proficiency checks as the pilot in 

command); 34 FR 6112, 6113 (April 4, 

1969) (proposing 121.432(c), the 

predecessor to 121.432(a), to remove the 

repetitious stating of requirements for 

the second in command of a crew of 

three or more pilots); 35 FR 84, 87 (Jan. 

3, 1970); Legal Interpretation 1978–27 

(discussing regulatory history of 

§ 121.432(a) including requirements for 

PIC proficiency checks in § 121.441). 

The assigned SIC is a required 

flightcrew member and as such may 

only leave his or her duty station for 

purposes of rest during the en route 

cruise portion of the flight, if relief is 

provided by a pilot who meets the 

requirements identified in 

§ 121.543(b)(3)(ii) to act as SIC of the 

aircraft during the en route cruise 

portion of the flight.2 See 42 FR 37417, 

37420 (July 21, 1977). Once a relief pilot 

assumes the responsibilities of the 

assigned SIC, the relief pilot becomes a 

‘‘required’’ flightcrew member within 

the meaning of § 121.543 and must 

remain at that duty station until relief is 

provided in accordance with 

§ 121.543(b)(3)(ii). 

To relieve the assigned SIC during the 

en route portion of a flight (the only 

time the assigned SIC may leave their 

duty station), a pilot must meet the part 

121 SIC qualification requirements, 

except for the recency of experience 

requirement in § 121.439 (three takeoffs 

and landings within 90 days). See 

§ 121.543(b)(3)(ii). In contrast with 

§ 121.432(a), which adds PIC 

qualification requirements to serve as 

the assigned SIC in a crew of three or 

more pilots, the relief pilot requirements 

in § 121.543(b)(3)(ii) do not identify any 

additional qualification requirements 

for service as SIC en route. Accordingly, 

the pilot relieving the assigned SIC 

during the en route portion of the flight 

need not meet the additional SIC 

qualification requirements identified 

§ 121.432(a). 

Finally, the agency notes that 

§ 121.543(b)(3)(ii) does not serve as a 

substitute for the qualification 

requirements in § 121.432(a), applicable 

to the assigned SIC of a part 121 

operation that requires three or more 

pilots. Thus, the exception to the 

recency requirement in 

§ 121.543(b)(3)(ii) applies only to a pilot 

who relieves the SIC during the en route 

cruise portion of the flight. 

Issued in Washington, DC, on November 4, 

2013. 

Mark W. Bury, 

Assistant Chief Counsel for International Law, 

Legislation and Regulations. 

[FR Doc. 2013–26919 Filed 11–12–13; 8:45 am] 

BILLING CODE 4910–13–P 


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