80746 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Unsafe Condition 

(e) This AD was prompted by a report of 

a crack found in the upper center skin panel 

at the aft inboard corner of a right horizontal 

stabilizer. We are issuing this AD to detect 

and correct cracks in the horizontal stabilizer 

upper center skin panel. Uncorrected cracks 

might ultimately lead to the loss of overall 

structural integrity of the horizontal 

stabilizer. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections 

(g) Before the accumulation of 20,000 total 

flight cycles, or within 4,379 flight cycles 

after the effective date of this AD, whichever 

occurs later, do eddy current inspections to 

detect cracking of the left and right upper 

center skin panels of the horizontal stabilizer, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A068, dated July 16, 2010. 

(1) If no crack is found during any 

inspection required by paragraph (g) of this 

AD, repeat the applicable inspections 

thereafter at the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin MD80–55A068, dated July 

16, 2010. 

(2) If any crack is found during any 

inspection required by paragraph (g) of this 

AD, before further flight, replace the skin 

panel with a serviceable skin panel, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

MD80–55A068, dated July 16, 2010. Within 

20,000 flight cycles after the replacement, do 

eddy current inspections as required by 

paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your Principal Maintenance Inspector 

or Principal Avionics Inspector, as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Related Information 

(i) For more information about this AD, 

contact Roger Durbin, Aerospace Engineer, 

Los Angeles ACO, Airframe Branch, ANM– 

120L, FAA Los Angeles Aircraft Certification 

Office, 3960 Paramount Blvd, Lakewood, CA 

90712–4137; telephone: (562) 627–5233; fax: 

(562) 627–5210; e-mail: 

roger.durbin@faa.gov. 

(j) For service information identified in this 

AD, contact Boeing Commercial Airplanes, 

Attention: Data & Services Management, 3855 

Lakewood Boulevard, MC D800–0019, Long 

Beach, California 90846–0001; telephone 

206–544–5000, extension 2; fax 206–766– 

5683; e-mail dse.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. You 

may review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, the FAA, 1601 Lind Avenue SW., 

Renton, Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on 

December 16, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–32209 Filed 12–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No. FAA–2010–1259] 

Interpretation of Rest Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed 

interpretation. 

SUMMARY: This action proposes to 

interpret the application of 14 CFR 

135.263 and the rest requirements of 

§ 135.267(d) to situations in which a 

flight crewmember’s flight time exceeds 

the permissible limits due to 

circumstances beyond his or her 

control. As discussed below, the FAA 

issued several interpretations 

addressing this issue in the 1990s. 

However, because the proposed 

interpretation relies heavily on a 

seminal FAA interpretation issued in 

2000, the proposed interpretation would 

supersede any previous contrary 

interpretations of §§ 135.263 and 

135.267(d). 

DATES: Comments must be received on 

or before January 24, 2011. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2010–1259 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., West Building Ground 

Floor, Room W12–140, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery: Take 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: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Alex 

Zektser, Attorney, Regulations Division, 

Office of Chief Counsel, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–3073; e-mail: Alex.Zektser@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

submit written comments, data, or 

views concerning this proposal. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, please send only 

one copy of written comments, or if you 

are filing comments electronically, 

please submit your comments only one 

time. 

The FAA will file in the docket all 

comments received, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposal. Before acting on this 

proposal, the FAA will consider all 

comments received on or before the 

closing date for comments and any latefiled comments if it is possible to do so 

without incurring expense or delay. The 

FAA may change this proposal in light 

of comments received. 

Availability of This Proposed 

Interpretation 

You can get an electronic copy using 

the Internet by— 

(1) Searching the Federal 

eRulemaking Portal 

(http://www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http://www.faa.

gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http://

www.gpoaccess.gov/fr/index.html. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 80747 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number or notice 

number of this proposal. 

Background 

The FAA has been asked to provide 

a legal interpretation regarding the 

application of 14 CFR 135.263 and 

135.267(d) to the following factual 

scenario. 

An operator plans a flight that is 

anticipated to be completed within a 

13.5-hour duty day. However, 

unanticipated delays (such as late 

passengers and late cargo) occur before 

the last leg of the flight, and these 

delays would extend the flight beyond 

a 14-hour duty day if the last leg is 

completed. The proposed interpretation 

would clarify whether the crew may 

take off on the last leg of the flight, 

knowing in advance that they will not 

receive the 10 hours of rest required in 

a 24-hour period by section 135.267(d). 

Discussion of the Proposal 

Section 135.267(d) of Title 14 of the 

Code of Federal Regulations requires 

that a flight assignment operating under 

section 135.267(b) and (c) must provide 

for at least 10 consecutive hours of rest 

during the 24-hour period that precedes 

the planned completion time of the 

assignment. Under this section, a duty 

day may not exceed 14 hours in a 24- 

hour period without infringing on the 

required rest time. However, section 

135.267(d) works in conjunction with 

14 CFR 135.263(d), which provides that: 

A flight crewmember is not considered to 

be assigned flight time in excess of flight time 

limitations if the flights to which he is 

assigned normally terminate within the 

limitations, but due to circumstances beyond 

the control of the certificate holder or flight 

crewmember (such as adverse weather 

conditions), are not at the time of departure 

expected to reach their destination within the 

planned flight time. 

In the 1990s, the FAA interpreted 

sections 135.263(d) and 135.267(d) to 

permit flight crewmembers to take off 

on flights that were scheduled to be 

completed within a 14-hour duty period 

even though circumstances beyond the 

crewmembers’ control extended the 

actual duty time beyond the permissible 

14-hour period. See, e.g., Aug. 30, 1993, 

Letter to Mr. Ross from Donald P. Byrne, 

Assistant Chief Counsel for Regulations 

and Enforcement; Mar. 30, 1992, Letter 

to Kevin Wilson from Donald P. Byrne. 

However, in 2000, the FAA issued a 

seminal interpretation of a section that 

is nearly identical to section 135.263(d). 

That section, 14 CFR 121.471(g), states 

that: 

A flight crewmember is not considered to 

be scheduled for flight time in excess of flight 

time limitations if the flights to which he is 

assigned are scheduled and normally 

terminate within the limitations, but due to 

circumstances beyond the control of the 

certificate holder (such as adverse weather 

conditions), are not at the time of departure 

expected to reach their destination within the 

scheduled time. 

The FAA’s 2000 interpretation stated 

that the language of section 121.471(g) 

created an exception to pilot flight time 

limitations, but did not provide an 

exception for pilot rest requirements. 

See Nov. 20, 2000, Letter to Captain 

Richard D. Rubin from James W. 

Whitlow, Deputy Chief Counsel 

(‘‘Whitlow Letter’’). The Whitlow 

Letter’s validity was subsequently 

upheld by the U.S. Court of Appeals for 

the DC Circuit, and since that time, the 

FAA has consistently applied the 

Whitlow Letter in its interpretations of 

section 121.471(g). See Air Transport 

Ass’n of America, Inc. v. F.A.A., 291 

F.3d 49 (DC Cir. 2002) (upholding the 

validity of the Whitlow Letter). See, e.g., 

Mar. 18, 2009, Letter to William E. 

Banks, Jr. from Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations 

(noting that section 121.471(g) does not 

provide an exception for rest 

requirements); Jan. 11, 2005, Letter to 

Jan Marcus from Rebecca B. 

MacPherson, Assistant Chief Counsel 

for Regulations (same). 

The FAA has determined that it is 

illogical that the nearly-identical 

regulatory language in sections 

121.471(g) and 135.263(d) is interpreted 

in two different ways. See Air Transport 

Ass’n, 291 F.3d at 51 n.1 (stating that 

‘‘[t]he substance of the rules in Parts 121 

and 135 is essentially the same and the 

rules are likewise interpreted’’). As such, 

the FAA proposes to apply the Whitlow 

Letter’s interpretation of 121.471(g) to 

sections 135.263(d) and 135.267(d). 

Because the Whitlow Letter and the 

subsequent interpretations based on the 

Whitlow Letter are more recent than the 

1990s interpretations of sections 

135.263(d) and 135.267(d), the Whitlow 

Letter line of interpretations best reflects 

the FAA’s current understanding of the 

pertinent regulatory language. As such, 

the proposed application of the Whitlow 

Letter to sections 135.263(d) and 

135.267(d) would supersede any 

contrary pre-Whitlow interpretations of 

these sections. 

Under the proposed interpretation, 

section 135.263(d) would not create an 

exception for flight crewmember rest 

requirements. As such, if a flight 

crewmember was to be aware at the time 

of departure on the last leg of the flight 

that he or she has not had the required 

rest, 14 CFR 135.267(d) would prohibit 

him or her from departing on the last leg 

of the flight. 

Issued in Washington, DC, on December 

17, 2010. 

Rebecca B. MacPherson, 

Assistant Chief Counsel for Regulations, 

AGC–200. 

[FR Doc. 2010–32234 Filed 12–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 39 

RIN 3038–AD10 

End-User Exception to Mandatory 

Clearing of Swaps 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is proposing new 

requirements governing the elective 

exception to mandatory clearing of 

swaps available for swap counterparties 

meeting certain conditions under 

Section 2(h)(7) of the Commodity 

Exchange Act, as amended by the DoddFrank Wall Street Reform and Consumer 

Protection Act. The Commission is 

requesting comments on the proposed 

rule and related matters. 

DATES: Comments must be received on 

or before February 22, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN number 3038–AD10, 

by any of the following methods: 

• Agency Web site, via its Comments 

Online process: http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: David A. Stawick, Secretary of 

the Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581. 

• Hand Delivery/Courier: Same as 

mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow 

instructions for submitting comments. 

Please submit your comments using 

only one method. All comments must be 

submitted in English, or if not, 

accompanied by an English translation. 

Comments will be posted as received to 

http://www.cftc.gov. You should submit 

only information that you wish to make 


srobinson on DSKHWCL6B1PROD with PROPOSALS